[Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Music] trailing thoughts from bumby [Music] path this is such a friendly neighborhood because people have been aggressively waving at me a lot today what is that sound I keep hearing behind me oh I'm dragging a child's kite how long have I been dragging that for and why didn't any of these nice people tell [Music] me [Music] [Music] I've been waiting for this for weeks I got to tell you I am so ready to do this I even have the bed ready so when you get home we can get really [Music] dirty got to go hey here you go with all this compost we're going to have the best plants in the neighborhood [Music] he [Music] [Applause] [Music] [Music] [Applause] [Music] [Applause] trailing thought thoughts from airport [Music] Gap if planes were like people would Jets be considered the jocks would they throw hanger parties when their parents were out of town if one plane said to the other I just flew in from the coast and boy are my arms tired would it be considered a joke or just normal conversation [Music] I sometimes people just say can you hold my [Music] hand and you just you make that [Music] difference and you're helping them get through a bad [Music] day [Music] [Applause] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Applause] [Music] yeah [Music] [Applause] [Applause] a [Music] [Music] yeah [Music] [Music] good afternoon and welcome to the November 13 2023 meeting of the Orlando city council we're going to begin today's proceedings with the invocation and the Pledge of Allegiance led by commissioner Stewart will you bow your heads with me please if You' like dear wise and loving father during this season of Thanksgiving let me say thank you on behalf of those who are gathered here today thank you for your many Abundant Blessings thank you for life itself and for the measure of Health we need to fulfill our callings for sustenance and for friendship thank you for the ability to be involved D in the useful work and in the honor of bearing appropriateness responsibilities thank you for loving us even so from your boundless and gracious nature I pray for this mayor and the many layers of our city officials for those volunteer boards that provide so much guidance for this Council in particular for this assembled Council I'm asking that you graciously grant us wisdom to govern amid the conflict interests and issues before us a sense of welfare and true needs of our people a keen thirst for justice and righteous and rightness confidence in what is doing good and fitting the ability to work together in harmony even when there's honest disagreement and a personal peace in our lives and the joy in their task I pray for the agenda set before us today please give us the assurance that we would please you and what would benefit those who live and work in the great city of Orlando in your blessed name I pray amen amen I pledge allegiance to the flag the United States of America the stands one nation under God indivisible andice all call the meaning to order Madam clerk would you call the role and make a termination of a quorum please commissioner gray here commissioner Ortiz here commissioner Stewart here commissioner Sheen here commissioner Hill here commissioner Burns here mayor Dyer here mayor you have a quum with all members present thank you madam clerk Let's uh take up for take up the minutes from the agenda review and City Council meetings of October the 23rd 2023 motion by commissioner Ortiz second by commissioner Stewart all in favors please indicate so by saying I I those opposed motion carries well that brings us right into the mayor's update and I want to start by congratulating Commissioners Ortiz Sheen and burns who will all be returning to the city council with four new four-year terms um all well commissioner Ortiz was unopposed and the other two won by a substantial margin so congratulation to you all I look forward to sharing or serving with you and commissioner gray Stewart and Hill as we continue to do the work for Orlando's residents congratulations okay you may have noticed that the whole right wing of our council chambers is filled with uh black and gold and that would be the UCF student government who is doing their government city government day here they were at the courthouse this morning and they're um sharing with us this afternoon so they're going to spend the rest of the afternoon with City staff EXP exploring ways that we can partner with them and if you look at some of the faces in the crowd you may have seen them storming the field on Saturday in the wake of uh UCS 45-3 first home Big 12 Victory congratulations so good nights thank you for being here with us today I had an opportunity to spend just a few minutes with them and uh answer some very pointed questions um okay it's hard to believe but I've been watching Christmas commercials on TV already and we just got past Halloween but we do have a lot on our agenda coming up in terms of events for the community to enjoy so the first of which will be the tree lighting ceremony on Friday December 1st and backed by popular demand is our holiday drone show which will be at Lake Yola Park on December 23rd we have a holiday light stroll Mary Market in downtown Orlando um that'll be open every weekend in December it's a lot happening so if you want to know the rest go to orlando.com events and then finally on my list of things is uh commissioner Stewart's birthday will happen prior to the next commission meeting so as is our custom let's give him a happy birthday happy birthday to you happy birthday to you happy birthday dear commissioner happy birthday to you thank you very much all right everybody keep their day jobs I think singing front there okay with that we will move on to the consent agenda and the consent agenda is a number of items that are acted upon through a single vote of council we give each of our commissioners an opportunity to comment on items that are on the consent agenda as well as update you on happenings around their districts we rotate the order that we do that commissioner Stewart is first up today commissioner thank you mayor and let me also say congratulations to you uh on on your election and look forward to serving with you so let's give mayor a round of applause please thank you thank you yeah congratulations to U commissioner Ortiz and Gian and barari commissioner Burns I'm sorry uh we're looking forward to continuing like mayor said this is a good team I'll keep it going uh a couple things I'd like just to mention from the community uh one is we had a great tour of homes from the college park neighborh Association yesterday uh 12 530 tickets sold in advance and then a bunch of more that showed up there so I'm excited about that see that's coming back to us and we appreciate that um the JazzFest from the college park Main Street was there we had seven or 8,000 people that came through downtown College Park that's fun part about those events is that get a chance to highlight one of our you classic neighborhoods I appreciate that um congratulations to Balwin Park on their Taste of Balwin Park as well they had a close the streets down had a great event over there and then also want to say a special thank you to Lake Highland uh each year they do a um a veteran salute on Friday before Veterans Day and uh I was honored to be there again and got a chance to see some some great old friends who happen to be Veterans as well so it was good to be there and also mayor say thank you to you and the entire uh Veterans Day uh committee and and the and your and the um veterans Council that you've got I thought the pray went great um and I appreciate that we couldn't ask for a better day um and I appreciate the work that they do and the Highlight that we have for our veterans it was wonderful walking the crowd and just saying thank you to people in the crowd uh they really just appreciate being there on upcoming events um this Friday night uh we have a couple really important events uh one happens to be the lining of the OU holiday sign sign over in ivanho Village uh we'll do that 5:30 and then we'll all kind of leave from there and go have a hamburger and go watch Edge beat Jones again Ed and Jones are playing again in the districts I can't believe it uh it scares it scares everybody from Jones to death or maybe everybody from Edgewater to death one of the two yes uh it's going to be a great um way to bring our community together really excited about it uh over at uh at Edge order 7:30 on Friday night uh for the I guess it's the regional semi-finals that's what they call it now so um uh Friday is the Thanksgiving seniors lunch over at the Rosemont Neighborhood Center jingle Eve starts on next Saturday we're just begin to start moving the the great things that go on our community small business Saturday comes up two days before my birthday just wanted yall to know that um and then um Winter Wonderland EXT staganda starts at Balwin Park Elementary on December 2nd and the holiday on the drive is December 7th and then we also have the new the return of the lights over at Blue Gardens so if you haven't got a reason to go out over the next holiday season please take an opportunity to go out and get a chance to enjoy that um on the agenda today mayor I've got um a couple of things but uh I'll cover some of those when it comes to time but all the rest of the items on there uh I'm excited to support I appreciate that thank you commissioner Sheen thank you mayor Dyer and I also want to congratulate my colleagues mayor Dy commissioner Burns and commissioner Ortiz look forward to our continued service and uh for me the tenor of this campaign was was pretty negative unfortunately I got attacked pretty good and then there was also attacks on the city staff and I just want to thank the city staff for the great job that you do um public service is about service it's picking up trash it's cleaning up the roads it's fixing the street lights paying the power bill for the traffic lights Wastewater police fire all the things that people take for granted every single day because you guys do it guys and gals and I want to thank you very much because we help people I'm grateful to all of you and I look forward to our our continued service to Orlando as the longest serving elected official in Orlando with seven term so thank you very much I appreciate you very much and um we had the swan Roundup over the weekend we have 68 swans at beautiful Lake Yola Park I want to thank Patty pans for managing the volunteers she's actually retiring this year she's 84 years young and she's decided it's time to pass the torch so want to thank Patty for all the work that she does with our beautiful swans and uh I just wanted to say go nights as well I'm also an alumna so appreciate you all being here today um on the agenda today um like seeing lasercraft continuing the Orlando stops red light cameras program I think it's very important for Public Safety um the the downtown South Main Street uh uh contract is on the agenda today item C15 um on item H2 the aggressive driving subgrant from fdot for some from overtime to get some of this uh to get some of these Knuckleheads that are driving aggressively in our neighborhoods and item J1 best put forward for pedestrian safety very very important programs on the agenda today and that's all I had mayor thank you very much thank you commissioner commissioner Hill thank you mayor Di and congratulations on a landslide Victory to uh yourself and commissioner Burns along with commissioner shean congratulations to Ben unipos right um it just says something about the city when you win those type of races that big that they're satisfied with the work that we're doing here in the city and uh it's moving along so I look forward to uh serving four more years with you all the only thing about you all winning uh is now snakes for me so here we go uh with that being said I'm not going to say a lot I want you all to uh keep my family in prayer last night we had to uh pull take my niece off the ventilator she was 32 years old out of cancer so well we're public servants so we come back to work absolutely on uh Tuesday November 21st starting at 9:00 a.m. on partnering again uh with the help of Orlando City soccer and Publix where they'll be helping uh give out Thanksgiving meals uh to almost a thousand residents here in the city of Orlando and that's the 21st at 9:00 a.m. then uh later that afternoon we'll be partnering with Second Harvest and igna uh the Muslim uh Community where they will be uh helping give away turkeys Meats and vegetables and produce at the Northwest Center and you can drive up or uh walk up and that's going to be from 1 into 5 and of course it's classic weekend um obes you be politically correct here um and we're going to along with myself and commissioner Burns we'll be having a uh community breakfast on the that Thursday commissioner Friday morning at the Citrus Club um and it's for Community leaders and electeds and there'll be a panel all regarding a host of different uh subject matters that's uh happening in our communities uh that is free uh you would uh you can call my office a commissioner Burn's office uh to RSVP and then then we'll uh that evening I will be over in your NE of woods uh commissioner over at Grand Avenue where I will be hosting the conversation and the conversation will be with uh community members regarding Finance entrepreneurship affordable housing mental health and substance abuse um and that you can register at my also called my office and I like to thank Wills Fargo uh in the Paramore Main Street and the Westlakes Main Street along with Florida Citrus sports for assisting with that that following Saturday November 18th from 10:00 a.m. to 10 p.m. uh we will have something that's called the art that mimics uh college campuses and it will be with uh the alphas uh AKA kappas omegas Deltas um Sigma Zetas iotas which other what's the other one I forgot that symol I was in the military I never Sigma gamma wrote and happy Veterans Day to the veterans here on this Council happy Veterans Day to you commissioner Grant commissioner Ortiz go Navy thank you commissioner commissioner Burns all right thank you mayor and uh I also would like to say congratulations uh to my colleagues you mayor and my uh fellow Commissioners for your reelection I look forward to uh serving with you all the next four years and I do I will have to say it's been a a great four years I've learned a lot uh so I appreciate um you know the guidance that I've received and the support from uh from this commission um on yesterday at the Dr James R Smith Center my office partnered with he got up in the Orlando serve Foundation uh for a Thanksgiving giveaway uh we were able to serve over 400 residents in district 6 uh just like to say thank you to he got up the Smith Center staff uh as well as the many volunteers that we had to come out and help distribute uh these Thanksgiving packages uh also this Thursday at the Grand Avenue Neighborhood Center we are partnering with Route 7 for yet another Thanksgiving givingway starting at 5:00 so uh it's a first come first serve um also our next mobile office hours no nober the 29th at the El Claudia Allen Senior Center uh this is a time for residents to come uh and meet with myself and my staff to talk about issues that may be impacting them but we continue to push our um housing rehab program so we have information about that program and then we also help individuals complete those applications so if you know of anyone who's uh interested in learning more about the city's housing rehab program please tell them the meet us at El Claudia Allen starting at uh 9:00 on the 29th also on Saturday November 4th I uh had the pleasure of attending the central Florida black journalist scholarship Gayla uh we celebrated their 40th anniversary and which honored several uh journalists in our community for their dedication and hard work uh and the last thing I would just like to congratulate uh the district 6 residents who completed and graduated from the mayor City Academy uh so thank you mayor for for conducting this they all uh had a great time and learned a lot uh so those residents were Amore Evans Miss Dorothy Jackson Miss Janice Dr Janice Choice uh Miss Janette Santos Miss Susan Garcia Miss Susan Williams and Wanda Miss Wanda Smith so thank you to those residents who took took uh took their own time to go through this um through this program and so the residents who actively participate are informed as educated and empowered to become better citizens of the city of Orlando and that's all I have mayor thank you thank you commissioner commissioner gray thank you mayor and uh most of my colleagues have mentioned everything I was going to mention so with that uh events in District One are on uh our website and social media and so with that I will yield to commissioner Ortiz thank you commissioner commissioner Ortiz thank you mayor uh first of all let me start by saying congratulations mayor congratulations commissioner she commissioner Burns great uh achievement great win I want to also thank my community cuz in in our case the way I see it is it was a team achievement it was not me it was um working with our community our community being president everything we do and uh so I'm very thankful and I'm I'm blessed to have all of them all the people that live in my district so if you if you want to feel that experience you can move to my district yes it's going to be you're welcome to it just kidding just kidding anyhow so uh on Wednesday November 1st I joined mayor D Orlando fire department Chiefs zazar I'm on the ofd leadership and HJ High construction to check out the progress of fire station 11 I'm excited uh for the Beast of the East to be completed and to have our firefighters back in a state of the art facility that would greatly impact their quality of life and service they provide to District 2 residents I want to wish Colonial Flores a happy 7th uh anniversary operating as a small business in the city of Orlando commissioner Shan congratulations I know they're in your District their dedication to providing top quality customer service and flower arrangements to the city of Orlando residents is extraordinary small businesses like theirs are what makes the city beautiful a great place to be on Monday October 30th um I attended the grand opening of Club Fort Fitness I'm excited for residents to have a venue they can utilize that promotes health and Wellness for everyone and this is not a commercial but they're open 24/7 anyhow Thanksgiving day is approaching is the beginning of the holidays uh holiday season and by all means there are many things we have to be thankful for we live in a very rich Nation yet there are many homeless people in our community there's also the issue of mental health and with uh with many of our homeless there are Wars around the world that affect all of us one way or another so let's take some time to reflect about that during these days and pray um let's try to practice a little more tolerance and as my eight Megan shaver says let's be quick to listen slow to speak and slow to become angry so Happy Thanksgiving to everyone and I move to accept the agenda motion by commissioner Ortiz second by commissioner Stewart all in favor of the motion indicate so by saying I I those opposed and so the motion carries okay so that takes us uh through the consent agenda without objection we will recess the city council meeting and convene the community redevelopment agency meeting see I think uh David I can handle the first two which are minutes so number one is CRA meeting minutes from October 9th 2023 who's a motion commissioner Hill motion by commissioner Hill second by commissioner Shen um all in favor indicate so by saying I I those oppos motion carries uh CRA meeting minutes from October 23rd 2023 motion by commissioner Sheen second by commissioner Hill on forther motion Kate so by saying I I those oppos and so the motion carries all right David take it away thank you mayor good afternoon and good afternoon Commissioners item three before the C is a facade grant for 530 Lake Avenue but it's a home kind of on the south side of 408 in the CRA doing some painting they're eligible for 50% of the cost of their work their entire cost is $ 11,500 so the amount being offered from the CRA is $5,750 and it was recommended for approval on October 9th by the facade Review Committee motion by commissioner she and second by commissioner Stuart discussion he none all in favor of the motion indicate so by saying I I supposed motion carries all right number four thank you mayor item four this is our first restaurant program agreement this one for or lore Orlando LLC uh this is a restaurant tour coming to Orlando from South Africa uh they're looking to activate 13 West Pine uh which is the property just to the west of the lot that we recently leased at 30 southorn so we're uh happy for some additional of activation in that area uh they've signed an approximately 10-year lease for that space base uh and are doing uh just about $350,000 of improvements uh based on the program they are eligible for $75,000 in buildout assistance as well as $50,000 for first Year's rental assistance for a total incentive of $125,000 second motion by commissioner Hill second by commissioner shien discussion hearing none all in favor of the motion indicate so by saying I I those opposed motion carries thank you number five uh this is another restaurant program agreement this one for mango Verde Fresh Corporation um this is a kind of a juice store they actually have a location in the Altimont Springs mall but we're happy to welcome them into downtown Orlando they're going to be on the first floor of the radius building right on Rosland um so they are eligible for $75,000 in tenant improvements and $25,000 in first year rental assistance for a total incentive of $100,000 and uh their estimated cost of investment is just about 200,000 would approve second motion by commission sh second by commissioner shean discussion hearing none all in favor indicate so by saying I I those oppos motion carries and number six thank you the final item on the C is uh another restaurant incentive this one for bpot bpot actually uh previously operated in the SoDo area um but is now looking to open right at 54 West Church Street so if think of the location where Jersey miks used to be uh they they've signed a 10-year lease for about a 2,100 ft space they'll have 40 seats there so we're excited to welcome them to downtown Orlando uh the property owner is contributing $83,400 towards their build out so we're able to match that through the program in addition they're eligible for $50,000 of first Year's rental assistance for a total incentive of $3,880 up second motion by commissioner Hill second by commissioner Shen discussion hearing none all in favor of the motion indicate so by saying I I I great job David those opposed um and so the motion carries so David um Everybody remembers this is uh just one meeting since we adopted the new restaurant incentive program which was to incentivize restaurants to locate in the CRA specifically downtown and parore area and it looks like it's uh fairly successful already after three is there a lot of interest and discussion from people wanting to um use the program and move restaurants downtown yes so thank you since the approval we've had a lot of activity you see that before you today mayor so we're off to a fast start and we have uh hopefully a lot more to come in the near future okay great any further business to come before the CRA that is all okay then without objection we will re uh we'll actually adjourn the CRA commit meeting and we will reconvene the city council meeting and we will move to new business and we have one item there which is electing two Mayors Pro for one-year terms beginning in January of 24 and running through December of 24 so why don't we take the mayor proem one and I will open the floor for nominations Ortiz mayor I believe is uh commissioner Hill's turn to be a mayor proten I nominator okay is there second second um Motion in a second if there are no further nominations without objection I will close the nominations call for a vote on commissioner Hill all in favor indicate so by saying I I those opposed and so it's confirmed unanimously now I will take a motion for mayor pro2 commissioner Stewart uh mayor I think in order that we use we uh have commissioner Burns I think is the next one up to I'd like to nominate commissioner marari Burns okay motion for commissioner Burns is there a second second second Motion in a second if there are no additional nominations without objection I'll close the nominations and call for the vote on commissioner Burns all in favor indicate so by saying I I those opposed and so the motion carries uh congratulations mayor protm one Hill and mayor protm 2 Burns thank you thank you okay so under hearings we have the recision order of the Jetport which we at um agenda review this morning deferred that item as well as the first item under hearings ordinances second reading which is a companion item to the um hearing item that we um that I'm referring to with the jet Port so we will move on to hearings ordinances second reading number two Madam clerk a may I think one and two one and two on three number three okay ordinance number 20233 an ordinance of the city of Orlando granting West Palm cing LLC DBA Redbox Plus Orlando a non-exclusive franchise to provide rolloff container collection and disposal of solid waste within the city of Orlando outlining franchisees duties and providing the terms and conditions under which such franchise shall operate providing for separability and an effective date so second motion by commissioner shien second by commissioner Stewart Madam clerk do I have any cards requesting to speak before the Council on this item no speakers mayor no speakers discussion hearing none all in favor indicate so by saying I I those opposed and so the motion carries okay just to make clear what we did there was it was the hearing as well as the first two ordinances number one and two that we had deferred until a future meeting so number four ordinance number Florida amending the city's growth management plan to change the future land use map designation for certain land generally located at the Northwest intersection of South ivanho Boulevard East and North Magnolia Avenue comprised of 2.4 acres of land more or less from downtown Activity Center to public Recreation and institutional changing the property zoning designation from downtown Metropolitan activity center with a tra with the traditional City overly District to public use with the traditional City overlay District providing for Amendment of the city's official future land use and zoning map providing for severability correction Governor's error permit disclaimer and an effective date so Move Motion by commissioner Stewart second by commissioner Ortiz Madam clerk no speakers mayor discussion hearing none all in favor motion indicate so by saying I I those oppose motion carries and number five ordinates number 2023 39 an ordinance amending article 7 of chapter 2 of the code of the city of Orlando entitled Administration by amending section 2.38 to clarify when mayor proam shall be elected providing for codification cability scrier error and an effective date so move second motion by commissioner burn second by commissioner shien Madam clerk no speakers mayor discussion hearing none all in favor indicates so by saying I I those oppose motion carries number six ordinance number 2023 44 and ordinance of the city council of the city of Orlando Florida amending the Lake Highland preparatory school main campus plan development Zone ordinance for property generally located on the north side of East Mark Street and on the east and west side of Highland Avenue and on the west side of North Eola drive and comprised of approximately 2253 acres of land to include a master signage and fencing plan and to amend the special Land Development regulations of the plan development providing for amendment of City's official zoning Maps providing for disclaimer providing for cability correction scri errors and an effective date so move second motion by commissioner Stewart second by commissioner Ortiz Madam clerk no speakers mayor discussion hearing none all in favor of the motion indicate so by saying I I I those opposed and so the motion carries okay then let's move to ordinances on first reading number one ordinance number [Music] west of South Golden Rod Road and comprised of 19.50 acres of land more or less and amending the city's boundary description amending the city's adopted growth management plan to designate the property as industrial on the city's official future land use maps designating the property as industrial park with the aircraft noise overlay District on the city's official zoning Maps providing for Amendment of the city's official future land use and Zoning Maps providing for cability correction scrier air permit disclaimer and an effective date move to approve second motion by commissioner gray second commissioner Ortiz Madam clerk no speakers mayor discussion hearing none all in favor indicat so by saying I I those oppos motion carries number two ordinance number 2023 45 an ordinance of the city council of the city of Orlando Florida relating to work to non-conforming long-standing buildings amending Chapter 58 part 7c Land Development code entitled non-conforming buildings structures and vehicular use areas providing for cability codification correction scrier error and an effective date second motion by commissioner Ortiz second by commissioner shien Madam clerk no speakers mayor discussion hearing none all in favor of the motion indicate so by saying I I those oppos motion carries all right number three ordinance number 2023 46 and ordinance of the city council of the city of Orlando Florida amending the city's adopted growth management plan to change the future land use map designation for approximately 2 acres of land generally located at the northeast corner of South Golden Rod and Lista Boulevard providing for Amendment of the city's official growth management plan providing for severability correction scrier error and an effective date move to approve motion by commissioner gray second by commissioner Ortiz Madam clerk no speakers mayor discussion hearing none all in favor the motion indicate so by saying I I those opposed motion carries and number four ordinance number 202348 an ordinance of the city of Orlando Flor FL amending chapter 43 of the code of the city of Orlando entitled miscellaneous offenses by amending and restating section 4345 selling from Street sidewalks and public rights away during events at the Florida Citrus bow Orlando tinker tinker field Mayor Bob Carr Performing Arts Theater Center and Amway Center prohibitions and exceptions to amend the title of the ordinance amend the event facility subject to the ordinance amend and reestablish the prohibited event Day Sale zones around the event facilities delete the ticket fre sale exception providing legislative findings and for cability codification correction scers error and an effective date so move second motion by commissioner Sheen second by commissioner Stewart M clerk no speakers mayor discussion hearing none all in favor indicate so by saying I I those opposed and so the motion carries our last item of the business is an appeal it's a legislative appeal for 1155 North Orange Avenue GMP 20 231- 100022 LDC 20231 06 00006 so this is an appeal of a legislative recommendation made by the municipal planning board to the city council at its meeting on September 19th 20123 the mpb considered a proposed amendment to the growth management plan to remove subject property from the sub area policy s.47 and an amendment to the Land Development code to remove the subject property from the Virginia Drive special plan overlay District after conducting a public hearing the mpb recommended approval of the proposed amendments section 2.79 of the Orlando city code gives the appellant and the city staff each 10 minutes to present their their case we're also give going to give the applicant 10 minutes to present their case and we'll give the opportunity to the appellant to reserve time for rebuttal we'll begin though with um some background information from the city planning manager Elizabeth D and then we will hear from the appellant and the applicant and then from the public okay Elizabeth thank you U good afternoon mayor City Council Members my name is Elizabeth d I'm the city planning division manager here today to talk about the property at 11:55 North Orange Avenue this property is generally located south of North Orange Avenue West of Highland Avenue East of I4 and north of the Orlando urban trail it's approximately 1.3 Acres there are three requested actions two of which have been appealed so the first item is to amend the city's growth management plan it's sub area policy s. 14.7 uh to change the boundary of that policy to remove the subject property the second part of the request is to amend the Land Development code which is section 62.4 110 figure 62.4 110-1 to remove the subject property from the Virginia Drive special plan overlay and the third part of the request is a master plan for development of a 14-story multif family building with 254 dwelling units 6,270 ft of ground floor retail use and 477 Associated parking spaces so this aerial photo shows the surrounding area you can see I4 off to the West uh to the north is ivanho Village uh and to the South is the OU substation as well as further south uh the downtown area these site photos show the existing development there is a business called light styles on the south end and another workscapes business on the North End you can see the existing sidewalk as well so this is the rendering of the proposed multifam building facing Orange Avenue the site plan here you can see on the left uh there are two curb cuts on Orange Avenue ground floor retail space as well as a leasing lobby area and a service area the next levels 2 through 5 will be a parking garage followed by an amenity deck on level six and the residential units on levels 7 through 14 this shows the front elevation facing Orange Avenue this is the rear elevation facing the train tracks and then the southwest side facing toward downtown as well as the Northeast side uh facing towards ivanho so some background on this property it was included in the community redevelopment area in 1990 as well as when the traditional City Zoning overlay was adopted in 1991 this property was included in 2016 the city engaged a consultant and hosted a series of public meetings to develop ideas for the future of Virginia Drive Alden Road and orig Avenue corridors the resulting report was finalized in 2017 and and at that point um the council adopted a code amendment to create the Virginia Drive special plan overlay District as well as the related sub area policy in the growth management plan which followed in 2018 before the adoption of the special plan the height limit for this property was limited only by the height allowed through our airport zoning control review through FAA and Goa but in 2017 the special plan Limited the height of this property to five stories on Orange Avenue the current zoning of the site is AC3 a which has a maximum density of 200 units per acre and allows a non-residential square footage of 4.0 F so for 1.3 Acres that equates to 260 dwelling units and 22651 12 ft of non-residential development and again they're asking for less than that maximum amount this map shows the existing future land use and Zoning it's part of the downtown Activity Center as well as the a3a zoning district and you can see here uh the site with the underlying downtown Activity Center it is a little further north and east of the remainder of the downtown activity center but it has been that way uh for many years uh and those are the only two Parcels in the special plan overlay that are designated as downtown Activity Center so the requested change to the Future land use is a revision to the boundary of the sub area policy which you can see the current boundary on the left and the proposed boundary to exclude the property on the right then the code Amendment uh is again a change to the map not the text of the special plan and you can see here the boundary will change to exclude the property so the zoning requests that amendment of a special plan uh the city code does specifically call out that property owners within a special plan District May apply to for an amendment to the adopted special plan now that's different than our city-wide code Provisions which must be initiated by the city so there was even back in 2003 an idea that property owners and special plans may have a greater need than other property owners um to amend based on their site specific conditions so the policy considerations here the sub area policy and special plan boundary decisions are legislative meaning that the council can base their decision on the kind of overall vision for growth and development within the city and staff is recommending denial of the appeal and approval of the Project based on some of these policy considerations first off being that the underlying zoning is AC3 a which is only one other property on the special plan that's similarly designated so it does make the property unique um it's at the boundary of the special plan as opposed to being in the middle uh it's in the downtown CRA which has comparable requirements for streetcape and design review as well as the height is compatible with the surrounding uses there are no single family properties in the immediate vicinity of the site it is in an urbanized area that has existing public facilities and again uh bigger picture for Central Florida is that there are concerns about an ongoing housing shortage and looking for opportunities for residential growth so the findings here um this is required by the code but first of all it the future land use change to that sub area policy is consistent with the state comprehensive plan the East Central Florida Regional policy plan Florida Statutes as well as our own growth management plan particularly figure lu1 and policy 2.1.1 um this demonstrates the extent of changed conditions in the area since the adoption of the GMP particularly related to the housing shortage the amendment is compatible with the surrounding development pattern and will not result in demands on public facilities and services that exceed their capacity findings here related to the uh Land Development code Amendment it's consistent with the growth management plan with the public health and safety and Welfare it will result in compatible land uses and will result in orderly and logical development patterns so here our staff recommendation is to deny the legislative appeal accept the meeting minutes and improve the actions of the municipal planning board for the meeting of September 19th which had three case numbers associated with it and direct staff to prepare ordinances for the growth management plan Amendment and the Land Development code Amendment and I'm available for any questions okay are there questions for Elizabeth commissioner Stewart um Elizabeth got a couple of questions um so let me just kind of cover a couple of things can you would you please reflect back on what the overall purpose of the Virginia Drive uh especially plan is um and I guess in a sense what's the overhall purpose of all of our special plans so the goal of special plans is really to recognize the unique context of a particular location and identify U kind of design considerations that can make it special that can make it more compatible with the surrounding residential neighborhood a lot of our special plans deal with signage um design considerations like transparency and windows as well as the public realm of making sure that we get the sidewalks and Street trees that fit with the vision for the area I apologize for putting you on the spot but you were involved actually in developing this plan that's corre so when you're involved in the plan what did you see in your mind's eye about what was going on around uh IO um there's certainly a mix of historic building bus that are very close to the train tracks as well as um other smaller Parcels that have traditionally been developed with retail so that was what we talked about did did the community in your opinion because you're involved as a staff member the community and council did we have the idea that we were going to put somebody was going to put a 14 to 20 to 25 story building along that stretch we didn't discuss that possibility at the time no but it was wasn't it the idea to maintain the character of what was there well the idea is that new growth would fit with the character not necessarily be the same and when we looked at the plan for the new growth didn't we create some criteria literally y'all's suggestion of how substantial growth would go didn't we create some criteria along especially along this road well I I don't recall how far south on Orange Avenue the the development scenarios went and I do remember that the focus was primarily on Virginia Drive and some of the Alden Corridor well we clearly identified Alden Virginia and and Orange Avenue and along Orange Avenue we decided that the maximum height that we would look at would be five stories that's was what we said was the definition of substantial growth well and I mean we may have undershot in that in that instance I think that's the point to come back here we are six or seven years later looking at a possibility that we didn't consider at the time and evaluating it based on its own merits which shows us that we do think the proposal is compatible with the surrounding uses on that particular segment of Orange Avenue when when you look at adjacent properties what is the under Ling Zoning for the properties just Northeast of there so the there is a small a3a property immediately to the Northeast and to the Southwest is the O building which is zoned for public and when you go farther across the street across Alden along Swanson's row what's the on the line zoning there that is mu2 so mix use Corridor high intensity and so what's the height of a mixed use Corridor that we would place there I would have to look that up it's about 10 stories and so we came back and said that that area there needs to be five stories instead of 10 didn't we didn't we in fact down Zone that area as well would would you assume that we down Zone that area if that were if the information were accurate the the issue there is that most of those sites are are very shallow and they back up to the railroad track so they're not not as suitable for high-rise style development but they're clearly suitable for something greater than five stories not necessarily 20 stories I don't know the answer to that without digging in a little deeper okay but it clearly it was down zoned effectively from I since I'm going from my records it was down zoned from what would be a possibility of 10 stories down to five because this Council and the board decided that we wanted five is kind of the limit around the lake that's what B based on the conditions of the site and again if if that changes or something new comes up about those properties we would certainly evaluate that again and what's the maximum height allowed at the AC3 if if we choose the underlying the underlying zon it there's no specific limit it's based on the proximity to the airport which here is pretty far so it would be at several hundred feet at least we got an amendment from you about something with the airport I guess is that the assumption that 14 stories is okay yes yes we we did check that if we went higher we'd have to get approval right for them okay um didn't we in fact rezone the entire property and the I mean effectively didn't we reone the whole area the special plan overlay is that what you're asking so it's overlay zoning District so okay so it doesn't the underlying zoning is still part of the property so taking this out does it do you think it creates an area of spot zoning that would run the challenge of having others in the same area want to do the same thing I think it's Unique that it's one of only two Parcels that's in the downtown Activity Center that's also in the special plan so potentially we might have one other similar request but other than that I would think any other request would have to stand on its own merits and go through the same evaluation of land use compatibility that we've done here but your CRA continues to go up Alden and goes down Brook cave and goes all the way over to feris is that correct right but that's the the OU and Lake Highland Parcels parts of it are that's correct right and those are not got separate PD on it right they're not zoned they have AC 3A zoning uh that's all I have mayor further questions for Elizabeth um either Elizabeth or Roy just before we move on to the yeah I had a question commissioner Shen thank you thank you um Elizabeth I I I walk by here every single day and the con and and I've heard from several of the other business owners and uh you know that that they went through this special plan process and now all of a sudden one of the partials comes out and nothing against the the the the property owner who I'm very fond of um you know but it's it put me it puts me in a difficult situation um because I very much support the special plant overlays I mean we the first one that we did was in my district um the mill special plan which brought the kind of development that we wanted to that area and we've had many other special plans since since then and I share commissioner Stewart's concern about this about this parcel um because we're saying that the other ones back up to the railroad tracks this this one backs up to the urban trail it's the same situation you don't have more than one Ingress and egress and another concern that I've got is we're about to put Orange Avenue on a road diet which is a concern to the businesses as well and we're going to put a poop of large Redevelopment right in the middle of an area that already putting on a road diet so I have a concern about the compatibility on that as well and it just seems like we went through this whole special plan yet it seems like there's not a very good plan and to and and we're not sticking with you know the public hearing commission that commissioner Stewart had and that that the community had and we're not sticking with what we have but we're just going to go ahead and say okay well this this one parcel comes out and I do have some concerns as as someone who has a lot of special PL in their district and and and I and I will say that the special plans do if you're going to look at a Bert Harris act anyone could say that that that it's taking away their rights because it does restrict and it's an all special plans are an extra restriction upon what can be what can happen but a special plan is also an enhancement to make sure that the character is there so I I think that we're getting a lot of um we're getting a lot of um we're not we're we're we're undoing something that we did as a protection commissioner do you have a question that just seems like argument to me well well what I'm trying to say is why why this parcel if if you went to the planning process why this parcel if you went to this entire planning process and it doesn't seem like this parcel is any different than any of the other Parcels along this row well it is different as as I mentioned because of the underlying AC3 a zoning and I think if we had caught that at the time that we were doing the special plan we may have made a different decision and so that's part of planning is adapting to new information making a good decision based on the land use on the site and this particular site is you know hundreds of feet away from the nearest single family so it's not going to have balconies facing people's backyards um you know it has a lake in the front and it has a o substation in the rear so it's not blocking anybody's direct View and there are plenty of other tall buildings to the South as well as to the north even as far as Advent Health that this Corridor certainly has seen a number of other tall buildings develop very successfully so the five so you're saying that this proposal is for 2 60 units uh I think it's just under that that's the maximum uh let me pull it up here what would be the number of units on the five story limit comp in comparison um we we haven't done that math but it kind of depends on how many floors of parking you need and if you'd be willing to go down to a reduced parking uh calculation for those units you see what I'm saying with seems like we can manage to do the math on the larger one but we can't do a comparison to the smaller development that's that's my concern yeah of course we could do the math um I I just didn't know that was going to be the question so I have not done it yet ahead and it would depend on what was proposed for a smaller development I think um Elizabeth aoy whichever one of you wants to tackle this could you remind us of the berd Harris act imp implications gonna ask Roy to handle that uh yeah you have to think of Bert Harris like in the other limitation on the authorities that that we have as as city council the state has authorized you to zone property and to adopt certain zoning regulations the state has also said these are the limits on these zoning regulations so if it if it violates the equal protection Clause it gets invalidated if it violates the Constitutional takings Clause it gets validated invalidated if it violates Bert Harris it does not get invalidated we have to pay the difference in value so the state you have to look at this in the context of of all of the legal implications that that we have and although the state is definitely authorized to us to handle zoning at the local level we can't handle it in such a way that inordinately burdens a piece of property so the issue would be in in this particular case if if we denied the application does that inordinately burden the property I don't know the answer to to that question I there's obviously if you look at the master plan and you look at the five-story limit there's a there's a significant impact there but we don't know what a judge would would say which kind of makes it difficult because we're trying to move move forward based on the best information that we have but that's how these decisions always are they're always in the context of certain constitutional limitations that we have and and the Harris act although not a constitutional limitation is still is still a statutory limitation that that we would need to keep in mind as we as we move forward um I don't know if that answered the question mayor but that's kind of yeah okay thank you Elizabeth thank you Roy so how we will proceed is the appellant who's represented by Miss Alin Allison jerko will have 10 minutes and then the applicant will have 10 minutes and if Miss yerko wants to reserve some portion of her 10 minutes for rebuttal we will allow her to do that and then we will go to the public hearing I think we have eight or nine requests to speak at public hearing which is uh thank you for coming nights Sor you left there in the good part that's true point of order do you all have your outline table of contents we do very good and thank you mayor for allowing me to um to reserve a bule like I will um plan to do that at the end of the presentation um my name is Allison yero I'm with Alison before you go Alison you just want to go and then whatever you have left of your 10 minutes yes that's correct yes thank thank you okay um yes so so and by the way congratulations on your reelection and thank you for your service um I I am a um land use attorney with Alison yurop PA representing Carol hendin one of the area residents and we appreciate the opportunity to be here today um one of the most compelling concerns we have is the extent to which this will basically create a precedent for all of your other overlays what is the point of a sub area policy plan if you allow removal of parcels pretty um straightforward this plan was vetted by staff the community and city council for over a year three Community meetings three um hearings uh it opens the door for similar exclusions in all of your other overlay districts and um there are significant impacts in a lot of these overlay districts they they uh supered your zoning code that's the point they um you look at the overlay District in College Park they have a number of underlying zoning districts uh Parcels with a underlying zoning with a height restriction the city would be agreeing with the property owners claim that the overlay districts are regulatory taking if you all um allowed this plan to be removed B based upon um that um and that was you know brought up with the mpb um and and I um you know again I I know your Council has said it's a gray area but again let that play out um this is at the end of the day a zoning map Amendment and that's right out of the staff report and if you look here uh you can see uh that they have uh in the zoning report a rezoning from AC 3 a tsp2 AC3 a and so they're not asking just to amend the plan they're asking to rezone this property and in your packet there under the ordinance 201756 this was a rezoning in 2017 so when you do a rezoning you have to follow the criteria under the co city code you have to look at were there changed conditions well we don't know of any change conditions but if there were the plan itself which is item two in your packet which I'm submitting into the record for evidence is um Guided by a substantial growth scenario they looked at three stories and they said no no no we don't want moderate we want substantial so they already built that into the plan uh land use compatibility that's a requirement by the way under Bert haris as well um how is this compatible you've got a plan that was vetted a professional document uh by staff and everyone else that said hey this is a transitional development unit and and now we're throwing it out um out the window you look at what's around there 14 stories is not compatible and by the way it's correct we're not looking at 14 stories there's no tie to this master plan that's a glorified permit here the underlying entitlements that they're trying to give would be whatever the airport overlay would allow probably up to 40 stories if it's not in a flight path so you look at what is next to that ygi is two stories on the other side it's two stories OU historic building just from that is a 100 feet away is a twostory office and then you've got the twostory shops even the other multif family in the area is seven to nine Stories the yard the Lakehouse and importantly those both have Side Road access as does 86 North ivanho which got approved back in September this by um comparison does not it only has access onto North Orange Avenue the other Criterion that has to be met it's their burden to when they do a zap a zoning map amendment is to show that they have adequate public facilities and that would include transportation and you look at this access you're going to have right in right out within 125 ft of each other right by a signalized intersection close to the railroad track close to The Pedestrian Trail close to a prep school with a lot of kids that get out at the same time um so the site constraints and adjacent Transportation facilities here limit the density this parcel is not suitable you heard Elizabeth D use that term the there are constraints here this is on a railroad track there's traffic heading south coming on North Orange Avenue you've got traffic in front of the site stacking up you've got traffic from Highland Avenue which gets caught at the railroad and then you've got traffic turning onto Highland Avenue that sometimes has to wait there's a pedestrian there in that crosswalk they're waiting for a pedestrian and the and the railroad track is down and so you've got that stacking potential um and how is this the most needed housing in the neighborhood this is the lake house and it's got empty balconies and it's got empty retail I couldn't afford to live there I asked what the rentals were they said 3200 to 5700 so with all due respect um you know this is not um anything that makes sense and with that I'd like to reserve the remainder of my time for rebuttal thank you okay Madam clerk if you'd hold her for five minutes okay and now we will hear from the applicant Miss Wilson and you have 10 minutes um yes thank you Elizabeth Elizabeth May my 10 minutes start when my presentation gets pulled up mayor thank you thank you Elizabeth mayor Commissioners my name is Rebecca Wilson I'm here on behalf of the the applicant and I have co-counsel with me Orlando iore who is representing the owner of this piece of property and I just want to think well guys it's like the first time I've ever been here right how do I get the I think we're familiar with the location of the piece of property but what I want to talk a little bit about is how we ended up here today and as Elizabeth set forward in the 1970s and 1980s this piece of property was zoned AC3 a which allowed the highest densities and intensities of all of Central Florida on this piece of property just like you see downtown in 1990 it was added to the CRA in 1992 it earned the traditional City overlay in 2008 the current owner purchased it triple D Enterprises we have Elizabeth here with us today she and her husband purchased this property they named it after their children because they have three kids and they they opened their business on this piece of property they also lease another portion of the piece of property and this was an investment for their family because when they purchased this piece of property it could be redeveloped as ac38 with a minimum density of 75 units an acre a maximum of 200 by R 400 with um a density bonus and a now a 4.0 f are the property was significantly down zoned in 2017 what started as the Virginia Lake Highland transportation land use study eventually morphed into a plan that has really great things for the neighborhood especially along Alden Virginia and the the area of North Orange at the intersection with Virginia the plan comes down picks up this piece of property and gives it a maximum height of of five stories and I I really don't appreciate the scare tactic which is this threat that if we are to look at a piece of property reconsider our decisions that we're somehow creating precedent that allows all overlay districts to go away the point that staff highlighted is that there is a mismatch between the property rights that this property enjoyed for over 50 years and the five-story height limit um one of the this is the the future land use again I would argue that the the overlay as applied to this piece of property is inconsistent with the GMP the growth management plan states that the downtown Activity Center shall have the highest densities and intensities of all of Florida I mean um all of Central Florida another problem that we have is this piece of property is ac38 it's in the red what you see in the different shades of yellow are mixed use high and medium and in you see a little purple there is industrial let's see so as you go up towards Virginia and closer to the homes in that neighborhood those had a very different zoning that were impacted differently by the overlay the mu1 and um commissioner Stuart you were beginning to speak to this that has 15 units an acre as its minimum and under the zoning it has 35 ft this this plan said that area could go up to five stories the mu2 its minimum density is 30 units an acre it did have a maximum height of 100 ft and I I have these flipped but it allows seven stories on Alden which is actually closer to the neighborhood and then five stories on orange similar with the ACN so when you come to the AC 3A our minimum density is 75 units an acre I I I don't know how you would fit 75 units an acre Plus parket in five stories so there's this fundamental mismatch between this this zoning and and the overlay um let's see also you know we only have so much land that is remaining to be developable in our downtown and one of the things that the Virginia Plan was trying to be very sensitive to along Virginia is its proximity to that Formosa neighborhood the yard is right across the street from single family homes in this instance the the appellant lives 1,854 ft away from the site and the other nearest homes are around 1,400 ft from from the site uh just to address the adequate public facilities issue um as you know this is in a transportation concurrency exception area so we're not required to meet Transportation concurrency but I'd also like you to consider that during the plan it was discussed specifically how this area has some of the best multimodal transportation in all of the city it's on the urban trail it is proximate to bus lines it is also proximate to the sun rail stop and significant employment um I I also commissioner Stuart I don't have it with me but there there was a market analysis that was done I believe it's appendix G of the study and it did look at different development scenarios uh what was significantly missing in that was any development scenario that included this piece of property there were scenarios created along Virginia there was a scenario created on the OU but there was never a scenario sort of test fit on this piece of property also on page 28 of the study and I've I Believe Miss yurko put it into the record um there is an analysis of of the different zoning districts it does not mention ac38 in that analysis it talks about what is allowed under mu1 and what is allowed under mu2 um and then just most notably we we should be treated like the other properties that have ac38 and on on the same Municipal planning board meeting that we went to a property also on Lake ivanho just to our Southwest similarly situated 1 Point um uh around there 1.5 Acres were 1.3 they got over 300 units uh they are 159 ft our project is 172 feet so very similar projects because we have the same the same zoning one thing I do want to talk about what's changed one thing I do want to talk about is in in 2018 um through the the owner's due diligence in thinking about redeveloping this property they contacted a broker and discovered there was the five-story limit at that time I got involved I contacted your staff in 2018 and we had initial discussions about whether or not to to pull this piece of property out maybe to change it for um all of the AC3 at property and there was in 2020 a a a Virginia Drive special plan Amendment briefing memo uh created by your staff that talked about removing this property and three others from the site uh one thing I do want to point out that has changed since the um adoption of the plan when the plan was adopted the OU property which is to our our Southeast it was planned for mixed use development with town homes and other residential IAL so that was in 2009 in 2019 that plan was changed and OU is now building a pretty significant substation there so where the neighborhood was going to come closer to this piece of property with single family homes now instead there's going to be a large OU um substation there mayor uh that's really all that I have for your consideration in this but I'm happy to answer any questions that this board might have okay questions for Miss Wilson commissioner Stewart uh back in look at at your page six next to the L and it's got subject property um and I'm trying to understand those two together you I'm sorry it's page six of what page that's 2009 plan Pro you see Page Six yeah there the subject property here that you're talking about is a subject property that is what it's not your subject property because it's not not the entire property that you're dealing with yeah no sir this is a clip from the municipal planning board cup9 it's their image yes sir it's it's not my image so that's their image and that's 's property because it was the subject property it was their image about what they were doing yes sir sorry it was the subject property of this plan that um allowed the the single family Town Homes to be built on the OU property which was later changed in 2019 to remove that residential from being so so close to us okay thank you other questions thank you Miss Wilson thank you mayor Miss Shero you have uh five minutes can I wait until the no this is a part where the attorney's talk okay are we back on the clock uh give the clerk one second Madam clerk can you get her five minutes there you if we if we can I'd like to set this up too um we can switch to the overhead there um I just wanted to show a rendering of what the um what the site looks like here let's see oops uh sideways but one more turn uh the bottom line that there we go um and down down okay down here okay so the the bulk of the site is garage can you help her yeah if somebody could help me with that thank you the bulk of the site is garage that's over there with the Treetops and we want to point that out that's what that's going to look like your um special plan was very clear that you wanted to retain the character of the area that's going to be next to a twostory historic building it's going to be next to a two-story office building um on the other side um we talk about the 86 uh North ivanho and that property is on a quiet street that's going to have ample room for access you can see the proximity to residential here from the site you can see that that um North ivanho project is in the Clover Leaf of I4 it is a much different situation and um I also wanted to point out that this is what a 14-story building looks like it basically uh the CNL building might be 15 stories but it Towers over City Hall and you're going to put that in a community where they have single family residential in the vicinity and um you're going to put it in an area where you have essentially twostory um buildings uh the 86 North ivanho property by the way does not have the same zoning it has AC 3A zoning and we have a zoning map Amendment here today per your plan and P the outline that I've submitted adequate public facilities are required to be shown by the applicant when they do a rezoning it has nothing to do with concurrency that's under 65.3 66 of your code and you look not only at Transportation with a lot of questions there about how access is going to work but you look at education that's a component of adequate public facilities and Pere packet at page um 18 through 20 this is in aabon K through 8 which is overc capacity you look at Emergency Services per your packet at page 21 there are conditions related to the NFPA requirement that requires that you have access to a building on at least two sides well here we have a building on a railroad track with a zero side yard setback and we also have um in your packet on page 22 and 23 the mpb minutes there were 10 people in opposition including light Styles which has been in business about 60 years that is iconic business they have a lease that does not expire until May of 2026 they have 25 employees and um they're asking a lot of questions about why do we have to throw out the plan and um and do this right now um with that um I appreciate the uh the city council taking a hard look at this it absolutely has Citywide um precedent it is not not a threat it is just the way things work when you allow one property owner to say oh well you're taking away our rights you open the door for everyone else to do that with your overlays we would respectfully request that you deny this request today thank you questions for Miss jorka okay we have uh we'll now move to public testimony so the rules are I'll call your name and we're going to do them in the order they were received um state your name and your address and then you'll have three minutes to address Council so I'm going to call the first three so you can get ready Brian Marin Becky Bell and William marish marish first up Brian uh my name is is Brian Marin I live at 1025 Terrace Boulevard I've been a resident of the neighborhood for about 30 years uh very happy with the neighborhood very happy with the job our commissioners are doing with the city uh I would just like to uh go on the record and state that uh I'm against the proposal the way it currently is uh I believe that every commissioner here has special plan overlays which a lot of time and effort have been put into and U sort of in agreement with the attorney for um Mrs hendin uh it just seems as if it's a rezoning issue and um it doesn't appear to me that it uh fits the general Aesthetics uh of the neighborhood and I am against it thank you thank you Becky Bell hi guys so um my name is Becky Bell I live at 1705 dolphin Lane um I'm An Architect by profess profession but today I'm also a citizen you know I'm always a citizen and um I'm Pro development and pro housing because of both those things um however I'm adamantly opposed to the Monstra monstrous size at this location because I believe the height is not compatible with the development goals of that area um as a ratio I've said this before but as a ratio If This Were five stories this building would be 14 stories that's a very different if we're all to stand up put our hands up five stories and then look at the size of this building that would be in the middle of middle of that and that's something I want to clarify um they've said that this is on the perimeter of the special plan the special PL a tea what's next to it Lake ivanho Gaston Edwards Park Orange AV these buildings the reason that's on the end is because there's Park and Lake like otherwise it's in the center of that te so um I think it's very the heart and the core of that area and it's important to be really focused on keeping that as part of our plan the other thing I'd like to say is that this area um is anchored by tall city-like buildings it's not part of the special plan that's welcome right you're not in the special plan you can have down you can have the Double Tree on that end we've got the lake house on that end but between it we're it's not about being close to houses or anything like that I'm a resident it's not about that it's about creating an attraction our attraction is our main stream I live in Orlando because of the Main Street programs and the collection of Main Street programs that creates a beautiful character in Orlando and what I'd like to see is this focus on retaining that and retaining that with a pedestrian scale so pedestrian scale five stories setb you know or setbacks above that whatever um I think we can make that a great pedestrian scale but 14 stories is atrocious in my opinion right there in the middle of your facades and your front and that's the point about main streets it's different than a suburb suburbs are clusters that's this area is a te because it's about main streets it's about the frontages and this Frontage is just way too high I think in my opinion in that area so I I ask that you guys oppose that this being removed from the special plan because I think it's an important key Keystone in that plan I have so much more to say but I'm going to stop cuz we're about out of time anyway and you all said a lot of really good stuff at the beginning so thank you thank you William marish Stephanie Higgins and then Charlene Naro good afternoon everyone thank you for allowing me to speak today I'm William marash I live at 701 Terrace Boulevard and uh just in general I'm I'm definitely not against development I I I think development's great Orlando and I'm glad we have good folks like you considering everything that gets developed here in or Orlando but uh as with anything uh development needs to be reasonable and uh again you folks get to decide uh what is reasonable here uh previously uh a lot of time and effort was spent by many folks here in this area to decide what is reasonable and they came up with this uh Virginia Drive special plan and that that's a standard of reasonableness and under that standard five stories is what is reasonable uh now we have uh the the owners of a piece of property uh trying to uh do something differently they they had one option would be to to seek a variance uh for their property they they didn't elect uh to seek a variance instead they elected to take a a wholesale uh removal of their property uh from the the uh Virginia Drive special plan um if if they were to seek a variance they they would have had to go you know jump through several hurdles to get that approved they've had to do none of that instead uh they had one meeting before the municipal planning board obviously they went through a tremendous amount of effort with City Planning and all that but it's it's different than what would be required under a variance standard and I would think before you you could just be wholesale removed from something you might have to go through more of an effort than uh going through a variance and here I I don't think they've gone through more of an effort they've they've just submitted their proposal and and now uh we we have uh you know we're seeking an amendment uh to them being removed from the Virginia Drive special plan in that area you've already heard we we do have some uh you know multi-dwelling residential structures we we have this yard structure we have the uh the the the uh what is it called there on Lake Ivano I can't think of it right now but the other structure on Lake Ivano they they're approximately nine stories tall this is this is right there in that same area and this is more than one and a half times as tall as those uh other structures uh that uh you know I I don't think is is reasonable I I think uh more time more effort more discussion needs to be had on this before we let something you know one and a half times as big as anything else around residential in that area I thank you for your time I thank you for your consideration thank you Stephanie Higgins hi I'm Stephanie Higgins and I live at 1321 West Harvard Street um I am a 31-year uh resident in the area I'm married and I have three sons that I have raised and sent to school here um I mov to Orlando and specifically this area because I love and when I tell you love I love the small town downtown and as I have been here through the '90s and through the T and through the teens when all of all of the overlays began I was very excited to see what was happening in Orlando I I think it's a wonderful place to raise children and I want it to remain so my three concerns are number one the community was involved in this very recently and the community got together and we all we all spoke and we made our concerns known to you that we wanted a limit of five stories the other thing that I'm very concerned about is the traffic impact I drive up Virginia at least two or three times a day currently when I sit at Virginia and Orange Avenue waiting to get to Fresh Market I am currently waiting through two or three lights as it is there's a problem there this isn't going to help it and the last thing that is is very important to me because I've raised children in this community is The Pedestrian situation it's getting dangerous there's a lot of of near misses that I see along Virginia and I just think just cramming more people more cars more parking you've got a school there that sometimes it gets so far backed up all the way out to to Orange and Princeton you're sitting there you know when you're coming down Princeton trying to take on a ride on Orange um if Lake Highland's getting out you could be there for a while so let's not make the traffic worse let's not make the pedestrian situation your constituents have spoken we want five stories and um we just want a really cute small town downtown thank you thank you Charlene Naro then Paul [Music] schaer and then Mary Louise schaer after Paul hi Charlene Nado 2820 Elizabeth Avenue Orlando 3 2804 I as well have been a longtime resident here moved here in um 2006 and chose as well this downtown area that feels like a small community when there is an overlay made with rules and reg regulations we should follow those those are there for a purpose they are there to regulate how fast an area grows that it grows within a certain certain pace and that it stays safe for everyone I want to tell you that my son almost got killed at the corner of this this intersection that we're talking to his grandmother lives at Park Lake Condominiums and he would come out of college park he'd go up Orange Avenue and turn to go up that street um it is so dangerous we had to stop that the only way that he can visit Grandma is if we take him he's getting older and he'll be driving soon so you should all hide but um but I'm telling you that that intersection is dangerous now if we add this much to that area without some plan in place to make this better then we are not doing a service to our community we are hurting it um in all due respect to the owners I have property I can't build on because you know the zoning is not there I could try to get that change but sometimes you can't and sometimes you have to go with the rules that are in place it's great have a conversation about Chang Ching it but if that area is not ready for it then it's just not happening and I don't think this area is ready um with all due respect again to all of you and to the owners and to the pack development this area is not ready for 15 stories let's stick with the five that's in the plan and let's move forward that way that's all I have to say today and again I thank you very much for allowing me to speak thank you Paul Schaefer then Mary Louise schaer and then John Raider yes uh Paul schaer 1024 Terrace Boulevard um I've lived in this neighborhood I'm on my second house in the neighborhood since 1990 um we go through the process and work as a community to put together a special plan this took over a year to put together and I I I'm just puzzled at you know what's kind of the point in going through the process and having the the community involvement if if you're not going to abide by it and go through the special plan and utilize what was gone through to do this the zoning and to work through the development of this neighborhood um thank you please uh support the continued of that property in the special plan thank you Mar Mary Louise schaer want to you need to come to the mic we have [Music] to public meetings and we got to be able to record the testimony uh my name is Mary Louise Schaefer I reside at 1024 teris Boulevard I've lived there since uh 1996 and uh just to reiterate what somebody else said earlier add to it according to the city's website the entrance to to ivanho Village area is marked by that little replica Statue of Liberty that's right there um at the end of the street just up the street from the subject property that we're talking about and um so that places this property firmly in ivanho Village not not on the edge there it's it's in in ivanho village and it's a mid-rise area not a high-rise area like the town or North quarter um the highest buildings the yard and The Lakehouse top out at like nine stories which is 100 ft and this proposal is 172 feet 72% taller than anything else in the neighborhood um it's vastly out of character and so I strongly ask you to please um keep this in the the special planned area five stories is what we worked for and what the community asked for and what the city put in place it shouldn't just be taken out of that thank you thank you John Raider David yorgi and Kevin dun Ley yes good afternoon my name is John Raider I live at 735 terrorist Boulevard thank you for allowing me to speak today um I'd like to ask you to vote no and and I'll give you the reasons why in 2017 we came together out of concern for the yard and uh The Lakehouse note those are right up against I4 this development uh ends up being about 2 about maybe 300 feet from Lake IV lake Lake Highland Waterway 14 stories is Mammoth it does not go in line with what was said earlier with regards to our neighborhood Nine Stories was developed at uh the yard which is over by I4 don't forget Brook Haven is being bulldozed to build more yards we've talked about and you've heard about the lack of development don't forget if you're not familiar our neighborhood Brook Haven is being demolished and more of the Yards being developed so there's opportunities there for that for the 2017 concerns from the neighborhood created to diligence it created time for us to come up with this overlay and it was agreed upon by everyone involved so just making you know you've heard the rule or the comment about you know don't make the exception the rule I'm asking you for a no vote on this to say no because it doesn't limit 14 they could say 20 there could be a lot of things that could happen that your vote Yes could in my opinion really be an issue for our neighborhood our neighborhood is I've been here since 1999 I've met some of you I haven't met met all of you but you know there's overlays for a reason in your neighborhood I think you've seen by The Passion of everyone living here that let's go back and stick with what we have set in 2017 I'm asking you to vote no then we come back and we work together then then redo the whole plan comments we made earlier about how um ivanho and orig Avenue are going to be redone with regards to the uh tra the traffic this is a major major issue so I can tell you 200 um a comment was made on a uh thing here about 1,00 ft the P lives 1,800 ft away from the corner that's basically two drivers if you play golf so com was made that it's not an isore it's an eyesore it'll literally be about 250 ft from Lake Highland in the middle of the neighborhood so if you know everything has been said today I would just say the reason why we came here is passion for the culture of our neighborhood if if we had this in your neighborhood and you saw this many people come out and say hey no just causes us to pause and go back to the drawing board and have you know time to uh think about it and plan we've done this ever since Lake Highland developed their a park in their fields that's what the this commission that's what our neighborhood is about so I ask for your vote no on this thank you now it's probably closer to three drivers for me by the way David jury suie three yeah something like that David jury and Kevin done let good afternoon thank you for giving me the opportunity to speak uh for the record my name is David aeri Jr uh my office is at 21 North Magnolia Avenue Orlando Florida where it has been for the 40 years that I've practiced law here uh before that was practicing with my father uh I have had that office in downtown Orlando during that time I was born and raised here in Orlando U I own the property through through an entity that ironically similar to the adjoining property owners is named just after my three children two of which live in College Park uh the intent was to move uh my office with my son into that building at 1199 North Orange Avenue which again is immediately adjacent to this uh this development at 1199 North Orange uh some of the things I won't mention because they've already been referenced by other members but one point that need to be made with regard to this special plan you As I understood that the objectives is set forth in section 62.4 one0 c the whole purpose of this overlay was to preserve the historic culture and social character of the Virginia Drive area u i don't believe there's been any showing of how this 172t building or a 14-story building would preserve any of those car any of that character of for for this area at all U the traffic issues been mentioned I have many elderly clients my office I hope to move into that building right next door and the traffic is already difficult obviously with the changes and converting this to two lanes it will make it even harder for them to access uh that parcel on the corner where where we are presently located um I didn't oppose this overlay at the time I guess I could have in 2017 because I care more about Orlando and its appearance as a lifelong resident to me that's the most important thing of you know the the arguments that uh the staff has made that it's right on the edge of this overlay are just not accurate it is as the pictures show it is located within the overlay if you grant this request you're establishing a very dangerous precedent in I believe as one uh speaker mentioned some type of spot zoning where they would use this as an example uh for other potential developments that are not in accordance with the plans that have been thought out and uh participated in by many of the residents in the area U I am now faced with the potential issues of walking out of my office and looking up directly at a my potential office at 172 ft structure that will be located within 7 ft of the property line and as you saw from the pictures it is right next door to uh the front door of our building I would respectfully request that this Council uh accept the appeal and uh enforce it thank you Kevin Dunley thank you mayor um members of the count city council my name is Kevin Don Levy um I live at uh I live at 10:30 Terrace Boulevard um like a number of these folks I've been a a resident here for probably at that location for 27 28 years and um you know I moved there when when this place probably wasn't as desirable as is now and it's it's it's interesting that what makes a neighborhood cool attracts a lot of people and and maybe sometimes to the point where it starts making it you know difficult to live there or and and I don't want to see that happen I think when the um when the yard was came to be in the lake house you know some of the residents got together along with City staff and say Hey listen let's take a look at this whole area and let's really discuss what we want this to be going forward and so you know to the city's credit that they got everyone together they brought staff they brought in Consultants they brought the Engage The Neighborhood the engra engageed the businesses to talk about you know how we think this should should go based on all the criteria that everyone wants to have I own property I'd like to sell it and use it at the at the highest and best use but there are some constrictions that that we all live within so um I respect that that you guys will um go back to what the city did and all the work that they did because they put a lot of work into that special district plan and support that and make sure that that all these properties that are within that stay within that so thank you very [Music] much mayor we have we have three more speakers oh okay Ivon van booven [Music] are they online Madam clerk they were completed in person the second one being Emily [Music] Ed and the third speaker [Music] being Cody Ary that's all we have mayor okay Council I have a question for Elizabeth can you come back up so Elizabeth uh you were part of the planning process right for the overlay was there any discussion okay so in 2016 this property could have been developed to whatever height they could go and terms of the airport once we adopted the overlay it limited them to whatever this is five stories right right so was there a discussion related to that at the time did the owner I mean I know we must have given notice to everybody but I can't imagine right I don't recall any discussion about this parcel you know we always have our sort of mental list of parcels that come in a lot for questions and people looking to buy or sell and this one never came up as a potential Redevelopment site at the time I'm Elizabeth I'm gonna give you a shot at that one if you would like it a question for Elizabeth yep while you're coming up Elizabeth oh yeah there's two Elizabeth our city planner okay yes sir um Elizabeth we we talked last week about the possibility of of creating a sub area inside this particular special plan m i i was a waiting to get some wording about that from you um with the idea being that it's possible that we could refer this back to mpb or back to staff to come up with a sub area policy for this particular piece of property I haven't heard that so tell me what your thought thoughts are about accomplishing that task right so if if anyone's looking for a compromise of maybe five stories is not enough but no limit is too much you could add and create a a site specific Subara policy for this lot that says the height is 10 stories or 12 or 14 or whatever and that's something that you could recommend today as as part of your approval process would we recommend something specific or would we recommend that that that staff look at a sub area policy and present it back to us through MPV I think it would need to be something specific because we don't know what your thoughts are on how far you want to go we'd also have to kind of talk with the applicant because from my understanding this is the size of the project that's needed to make it functional and in many cases it's not as simple as taking a floor or two off the top and having a slightly smaller project it's either this or not doing the project and so that's why kind of a middle ground on that may not really create a solution for the project well in all due respect this is a project in front of us in which it could become feasible if we approve it but in a sense aren't we being place as a partner in development of this property I mean I'm really uncomfortable with the idea there are other pieces of property that can be developed on this that could be profitable they just won't be 174 unit you know I mean that's that's that's what I'm kind of trying to understand is that to do apartment complex and make money at it they need 14 stories to accomplish that task I understand that that makes a lot of sense but this is not the only use of this property it happens to be the use that they're recommending is that correct right they have a master plan so for you know until the master plan expires that's their approved project would be that okay okay L Dvorak help me with how we got here good afternoon mayor and Commissioners thank you for allowing me to speak um you asked about the uh notice that this was taking place in 2017 we have nor does my husband have any recollection of that notice we when we found out about it um when we went to mobilize our plans they you we asked for proof that something went out we could not uh outside of maybe some Public Notices we were in South Florida at the time expanding our business Statewide um so I have absolutely no recollection so you can imagine we were pretty blindsided by this um we've taken the approach of a work with the city uh we love Orlando started my company here in 1998 celebrating 25 years this year and um we always knew when we bought that property that it's not suitable for workscapes long term it was suitable to redevelop uh for our family so we were pretty Blown Away by the by the change we thought it surely was a mistake and that's when four years ago four five years ago now we um have been spending a lot of time and energy and trying to figure out how we work through this together okay thank you thank you commissioner Stewart then commissioner Ortiz commiss Ortiz then sorry well I've got I've got a statement on I know okay commission Ortiz thank you sir uh the law likee government is an evolving science and this is not an easy one um any law is subject to review assessment and be amended I totally agree with uh Miss Alison Jericho in reference to the overlay was passed it was unanimous we shouldn't let this property come out of the the um special um layout so but having said that there's other elements to this that need to be discussed further so mayor I'm going to make a proposal um do deny the appeal revise the mpb recommendation to keep the property in the special plan boundary and remove the height limit for the property and defer the height limit to the underlying Zone okay so your motion is to leave the property within this special overlay but to restore the height that was available to it prior to the overlay for further discussion with the community later on yes okay uh I'm going check with uh the lawyer you good with that motion it's a sub policy we just created I mean I think what what you'd have to do on the motion is it would be to deny the appeal accept the minutes and approve the actions of PB with the revision that the property remain in the special plan but that the height limit be removed from that particular piece of property so it would stay in the plan with respect to all the other requirements except for the height limitation and then you would just direct staff to prepare an ordinance that would amend the LDC to that effect okay commissioner Hill thank you mayor [Music] want to be thoughtful how propos this so Royer stating that with this new motion it will go into the overlay as it was intended and now their project is dead no no no it would the property would stay in the plan but the plan would be modified to remove the height restriction for this particular piece of property all the other restrictions in the plan would still apply to this except for for this one it it it would be different from the analysis that we have now because it would remain in the plan as opposed to the way mpb approved it it was to remove this property from from the plan um overall thank you question hold on okay well um the Height's the point of the plan so if you're going to leave in why leave it in the plan if you're going to remove the height restriction that makes absolutely no sense I mean that's like saying okay you know put a highrise where in the middle of a a residential neighborhood but you know it just doesn't it just doesn't make sense so if you're just if you're going to take out if you're going to take out the height restriction that is the plan but I what I'm trying to convey here is that it it would Grant the opportunity to not only the residents for the but also for the businesses to come together again reassess that opportunity discuss it to see what with the plan what a new plan could be you know it may not have to be 14 story could be less well in all du respect you what you did was I haven't done restriction so that I mean yeah I mean and a better alternative is to for us to decide side that we think that a good compromise is nine and and determine that's the case and see if the applicate can come back with a nine story well I figured we would let the community get involved on that one too that's why I didn't put any limitations Hill you know may as and and I understand the sentiments of the neighborhood but all throughout the city of Orlando is changing uh from Paramore to downtown to bwin park to Lake Nona and Paramore has transition it was single families now we got highrises and more highrises to come it almost seemed as if and no disrespect and blame it to my head and not my heart cuz I mean well of these enclaves of uh of those that have influence in wealth to where say no I don't want my little NEC of woods to grow I still want that small town effect but everywhere else throughout the city is growing and if we're going to be future ready we just have to be in that mindset or maybe be in a suburban area but our downtown is growing and we just have to continue down that path um this isn't near residential area from what it looked like on the map it is it's 1,800 ft away 1800 ft away but you know we have we have single family homes in param we have single family homes over in Creative Village uh I'm going to support the motion that commissioner Ortiz put place and second it okay motion and second Allison you had one question yes just for purposes clarification my understanding is by virtue of approving this you would be granting unlimited height subject only to getting a tall structure permit so we could be looking at 40 stories or so um and I think commissioner Sheen expressed that if you're inclined to want to invite some discussion with the neighborhood the the manner in which you could do it is to deny their request to grant our appeal and and there is no rush on this there's a lease until May of 2026 and ask that there be a thoughtful and considerate review of the height perhaps tie it to a plan development so there's some meaningful understanding of how everything is going to work there but in the absence of that there's there's no concession with all due respect to commissioner Ortiz this is no concession to the neighborhood at all it's granting them 40 feet or higher 40 stories are higher I'm sorry so we're a bit taken aback by that with all due respect and we'd ask that you not support that motion thank you commissioner gray thank you mayor um and I'd just like to weigh in a little bit if I could um and I have had the opportunity to hear from all parties and F certainly folks today I want to thank everybody for coming there's some some serious issues on both sides but but look I in my role here um in the southeast part of town things have changed dramatically in the 20 years I've lived there uh in Lake Nona when I lived there nusi road was two lanes and there was a lot of farms and if you go out there now nusi road is six lanes and there's a lot of commercial building so things change over time and when I look at this overlay plan um I'm a little bit confused like I think most people here is what was behind it because when you look at what happened with the overlay plan all the properties Ex two of the all the properties were effectively down Zone by virtue of a height limitation and I cannot imagine a property owner that was aware of that would not have come in and and contested that I mean you you want to have as many options as as are available so um I'm I'm confused why ownership didn't come in and they've said that they didn't know about it which seems reasonable to me I've always said one of the things that frustrates me is we follow the state statute but we don't notice people that are very far away I think our limit is help me right 3 to 500 fet that's a football field you know and a building of this size certainly impacts people more than a football field away so I think we should talk about as a council at another time the notion of expanding the notice requirements but that said um I understand compatibility I understand traffic and I understand affordability and schools all those things they're legitimate concern but we deal with that all over the city and please show me someplace in our our city where we don't have traffic I'd love to move there I can't find one we have traffic all over the city because we're a growing city and and that's one of the the downsides of of growing is is you have you know some some U taxing on your on your infrastructure so anyway here's my sense this property by virtue of this special plan was artificially down zoned and uh I I don't think that's appropriate and I when I look at it through no fault of anybody I just think this was a simple oversight and mistake um certainly by staff but by us as council members and I'll take credit too I should have done a little more digging to to figure this out because if you limit somebody with a 1 acre site with only a single point of access to 75 units per acre and you ask them to do retail and park it there's no economic way you can build this property uh with story limitation so um my view is that um is that we deny the appeal but I think certainly the group is willing to talk about some options but at this stage um I I chalk it up to a simple oversight and mistake on on the behalf the staff and then us as voting members because you can't develop this site if you have a a 75 unit uh per acre limitation on it you just can't develop it so that's my that's my position thank you mayor Mr Hill oh I'm sorry I didn't sorry I'm in the same position that commissioner gray is you know we're we're a new city a relatively young City I suppose so we've had the great benefit of having these wonderful single family neighborhoods that abut our downtown area but we also are in a housing crisis and not just at the affordable level every level the young couple that bought a $250,000 house that thought they were going to move into a 400 $1,000 house is now looking in an $800,000 house so at every level of housing we need housing and we promote housing density in our downtown and in parore this is on the edge of our downtown it's on the edge of the neighborhoods but I agree it's not like the um there are some other places that we have tall buildings going up that the housing is a lot closer than what this is so I think I can pretty much count votes here so commissioner or te would you accept a friendly amendment to limit not unlimited but to 12 stories was it 12 or 14 14 14 stories may i' like to speak please yes yes sir okay um commissioner Stewart and then commissioner Shen yeah let me let me cheer a couple of thoughts and and I'm apologize but I just feel like it needs to go on the record to say this um commissioner gray I I understand your concern about notice um we had meetings over the course of an entire year about the vision plan so uh the idea of legal notice about this particular property is valid but we also had several hundred people over the course of an entire year knew that the plan was coming knew things were happening um so um I I I I don't know that this is this is Come To Us by saying oh by the way here's something what came to us six seven years ago was a plan okay um let me just share I wrote a couple things and I've got a couple of comments from what y'all have said um uh in in 2009 I I worked really hard to try to get the Edge Drive Vision plan moving forward it giving guidance to developers uh for the growth and for land use on Ed Water Drive uh several years later we applied the same process looking for growth in Ivano Village Main Street uh I've had the honor to be part of this community for almost 70 years uh I remember the impact of the Coliseum and the bolum and the aquum for those of who who remember that I remember the fire that eventually shut those down I remember the way this area fluctuated without identity until it kind of took the name ivanho row or Antique Road for a while I remember this Council looked at this district and created one of our first four main streets here and since that time the growth was a challenge but the community stuck with a shared vision of what Ivano Village could become Along Comes 2006 and 201 16 2017 this area saw the addition of the yard the prospects of the yard 2 and the addition of the Broadstone now called The Lakehouse the community and our planning staff saw the stress in the neighborhood similar to the same feelings that was created the Edgewater Drive Vision plan we hired a consultant created a process for community and property owner input our staff took their input and created the proposed plan and overlay district for the purposes outlined in the plan generally to maintain the unique characteristics of the neighborhood there was plenty of input and process that took more than a year uh now we stand at the test of this district and for that matter any District our city has rezoned this area regardless of the underlying land use but our staff has moved forward based upon the underlying land use essentially made recommendations based upon that nobody knows quite why this is on the edge of the CRA adjacent to a mixed use and originally zoned AC3 except that someone got brought in from a commercial zoning in the 60s and 70s but in my opinion that's essentially moot this Council six of the seven of us unanimously decided that the planning staff re made recommendations just seven years ago and are now recommending a modification I I look I'm I'm for revisiting special plans and I'm against spot zoning and based upon our process this change in this plan looks a whole lot like spot zoning here's some other thoughts the plan was used to promote neighborhood consistency I don't see how this 14-story building is consistent to the neighborhood this change of Zan height is entirely inconsistent with the special plan we choose to make a decision based upon the Bert Harris act as a potential lawsuit then we open up the entirety of Arch Avenue because it appears that we downsized some of ours from 10 stories to five stories as well if we make that decision then we need to EV reevaluate the entire special plan for that matter all of our special plans mayor and Council we create these plans for a purpose and while I understand the issue this appeal is the test of the will of this Council to keep committed to a plan now let me just share there has been no significant change in the area over there in the last seven years but there has been a significant change in the interpretation of the area by our staff and that's what concerns me um I believe that there is a compromise between five and 14 stories I think this Council probably should not make that decision that decision ought to go back to the community and let the community have an idea to look at what's available as something less than what's been proposed or less than the maximum and more than the five and the interpretation of the council is that that we we essentially have unlimited so by going to 14 we've really limited ourselves I I don't find that consistent with the plan I don't find it consistent with the plan that you're more than two and a half times taller than what the Plan called for so I would recommend although we have a motion on the floor I wouldn't recommend that we look at either trying to get this back into the public and let the public have an opportunity to talk about the plan or we abandon the plan and decide that everything up Orange Avenue that was 10 stories now can go back to 10 stories uh because that's what we did um uh it is as disingenuous to use Bert Harris as a motivation to this as it is and disingenuous to open up every special plan that we have this task of this council is to look at at the land use we asked the community for the land use we asked the community to tell us what they wanted we had our staff come in and and and regurgitate that bring a plan back took it back to the community community felt uh you know liked it came back to here and it created ordinances it wasn't like it was 1995 that happened it happened just six years ago seven years ago so I just don't believe there's been enough significant change in this plan to warrant this Council to Warrant six of the seven of us to um go back and and and take our vote away from what we did six or seven years ago if that's the case then using Tony's idea let's bring the community together let's just go ahead and open up the whole thing because let's let's have the community have an input because that's what we said before we doing this this way doesn't give the community a chance to have an input um and and for that I'm I'm I'm I'm deeply sorry I see both sides of the issue uh and I and I hate always I didn't say this I I've been opposed to Becky on a couple of occasions Becky so I'm uh you individually very talented and I don't want this to look like like I dislike you under any circumstances we just don't agree on this issue and and in my case I want to side with the community with our staff's recommendation with our ordinances that were brought in front of us and from that standpoint I like to see us deny I I guess accept the appeal it would be option and then and maybe look at an idea if can we do Nine Stories there and if we can do Nine Stories you know put that there if they can't do nine then let's let them go back to the community and commit and convince the community what they can do and let the community have greater input that would be the recommendation that I would make but uh there's a motion on the floor mayor may I just add something else uh let me go to commissioner she and then I'll come back commissioner Mr sh thank you mayor and and and I asked if the property owner was noticed and and they were so um I did ask that was one of the first questions that I asked so I have I share commissioner Stewart's concern that we're playing let's make a deal on the day us at 14 or five stories I mean I I think it does need to go back for more discussion and I don't think we should make the decision today if we're going to I think it should be remanded back to the public process and and I I feel very strongly about this area I walk this area every single day and I'm not against development there's lots of Redevelopment that's happening in this area but this is about compatibility this will be visible across the lake all these residents that came here tonight today this is going to be visible across the lake from their properties because I walk this every single day and I know how high this would be and this would impact their this would impact them Ivan hoo is a Charming actor and they did a special plan to preserve it and even the folks that own Ivan hoo had some let go some of their property rights because they wanted to preserve the character of this area height is an appropriate restriction size mass and scale are appropriate restrictions for this city council to make these are all appropriate considerations and there is lots of info in this area already we had the yard we have had the Lakehouse we've had you know they're not it's not in my district but like I say I walk by these every single day there is already a lot of info in this area already and I understand your concerned commissioner Stuart but let's not throw the baby out with the bath water I don't want to throw out the special plans because I know how much they add to the area I've seen the the changes that's made along Mills Avenue and and and I I agree and I and I really believe in the special plans and to say that special plans are only to stop Redevelopment is nonsense I've welcomed the Redevelopment that's happened in my district and commissioner Stewart's District that I walk by every single day because I can go get an ice cream at Kelly's and all these things but this is it brings in you bring in good retail and everything like that but I do believe that there are some reasonable concerns as someone who walks in this area every day that there are some very dangerous concerns with doing a a a road diet on a road where we're going to be adding this much Capac this much um this much height and this much density and I don't think that's an inappropriate concern um you know I'm already almost playing Frogger and where the lady said she her her son got hit I I I almost get hit every single day so I I do think we need to be looking at the safety and all those other issues the we do need to look at the road we do need to look at at access when we did Mills Park there's there's more than one way in and one way out of Mills Park this is only going to have one way in and one way out on a what was basically we're going to create a two-lane road with an fdot project so I don't agree that this is compatible and and I do think that the neighbors have have a just cause to come here today and express their concerns and I think that there is to say that we have to go unlimited or nothing I'm I'm tired of being told that we have we that that we have to have unlimited nothing why can't we have things that are compatible why does poor gentleman have to have a two-story next to 175 ft oh that's just the way it is when we already did put a special plan in so I I I don't think that we have to say it's always the market why can't we have nice things and why can't we have a special plan and why can't we care like these residents really do you know what it's a great thing to have residents and and neighbors who care as much about this neighborhood as this neighborhood does these are people that I know these are people I walk by their houses every single day and they do have a right to be cared about and they do have a right to be listened to and I feel very strongly about that I have every affection for the property owner we've worked together for many many years on on community projects but but at the same time I don't understand why good people can't get together and come up with a compromise as opposed to have someone with this this lose lose situation thank you mayor commiss Ortiz can I say something yeah you're up um these are all friendly discussions and I appreciate that this is not spot zoning the zoning is is not changing um what we're doing and let's look at this everything is staying the same the only only thing we're opening the door for discussion is the height and yes there's going to be an opportunity to be discussed that's all we're doing nothing else everything else is staying the same way we're just opening the door to discuss the height with the community red discuss it again in case we missed something last time which it seems like we did and that's all it is so I don't know why we're so upset about the whole thing I think it's going to be fine for everybody okay so I want to make Roy make sure that procedurally we're on the right place because I offered Amendment without objection to commissioner Ortiz's motion um so what I would like to do is just bear with me for a second commissioner Hill would you withdraw your second yes commissioner Ortiz would you withdraw your motion Roy would you state the motion that we need to adopt based on the discussion we've just had yes and and also based on the amendment the friendly amendment that you proposed yes okay it would be motion to deny the appeal accept the minutes from mpb approve the actions of mpb with the revision that this property stays within the plan and that there is a height limit of 14 stories imposed on this property within the special plan and then to I direct staff to prepare an ordinance accordingly now the the original recommendation we needed to do two ordinances because there was an LDC Amendment and there was a GMP Amendment with what we're doing now today we only need to to bring one ordinance back which will be the LDC Amendment there'll be two hearings there'll be plenty of time for more discussion um but that would be the motion at at this point is that your motion commissioner Ortiz yes sir a second commissioner Hill second all right Motion in a second commissioner Stewart U Roy help me with in process so there is also a master plan approval that is yeah that would be the approval of the minutes approves the master plan because that was not appealed it was just the LBC and G comments about the plan and its height now all of a sudden the issue of the current building with transportation and appearance and all those kind of issues are really within the master plan so do if you don't like the design of the plan do you deny do I do I do I oppose the master plan when it comes forward I mean you're you're asking me to accept am minutes but I don't like the master plan even if if it came forward yeah well the master plan again was not appealed it doesn't mean you couldn't say I'm voting no on approval of the minutes for the master plan um but it was not appealed so it's not before Council today on you know on that particular issue we've certainly had uh times in the past where where where Commissioners have said you know I'm approving the minutes but I'm voting no on this particular item in the minutes um that's I mean if you want to handle it handle it that way uh you could the master plan um is consistent with what we're approving today it's because the Height's 14 stories and that's the and it's I I believe it's consistent with the rest of of the of the special plan um Elizabeth I I think that's the case so the only issue that is not consistent with the with the special plan is the height and now it will be consistent with the special plan because we are modifying that particular requirement so the master plan should should be consistent with with the special plan as we are modifying it here today it doesn't mean you can't vote no on the master plan minutes but um it should be consistent with with what we're doing master minutes have come they're here today too right part it's part of the same process right okay okay but you should be a no I am definitely a no I just want to make sure I don't I want to know which which I know which no is my vote for no okay all right further discussion hearing none all in favor of the motion indicate so by saying I I I those opposed no okay I got it 52 motion carries and that con concludes our count well that concludes the agenda business for the city council meeting uh Ed could you get us prepared for General [Applause] [Music] appearance