> JAMES SCAROLA: PLEASE RISE for the PLEDGE of ALLEGIANCE

1

CAPTIONING

JULY 22, 2013

ZONING HEARING MASTER

***This is not an official, verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate.

> JAMES SCAROLA: PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

WELL, GOOD EVENING, EVERYBODY AND WELCOME TO THE JULY22nd, 2013 MEETING OF THE HILLSBOROUGH COUNTY ZONING HEARING MASTER.

MY NAME IS JAMES SCAROLA AND I'M GOING TO BE HEARING MOST OF THE CASES THIS EVENING, BUT SITTING ON MY RIGHT IS HEARING OFFICER STEVEN LUCE, WHO WILL BE HEARING FIRST CASE TONIGHT WHICH IS A REMAND FROM A PREVIOUS HEARING.

SO WHAT WE'LL DO TO GET THINGS UP AND RUNNING, I WILL FIRST TURN TO OUR STAFF AND ASK THERE ARE ANY CHANGES TO OUR AGENDA TONIGHT.

LISTEN CAREFULLY IN CASE YOUR PARTICULAR PETITION IS INVOLVED AND THEN I WILL GO YOU THROUGH A SET OF ITEMS.

WITH, THAT I WOULD LIKE TO INTRODUCE YOU TO MR.BRIAN GRADY.

> BRIAN GRADY: BEFORE I GO THROUGH THE CHANGES OF THE AGENDA, JOINING US IS MR.LEWIS WHITEHEAD WITH THE COUNTY ATTORNEY'S OFFICE AND TO HIS LEFT MARCIE STENMARK WITH THE HILLSBOROUGH COUNTY CITY PLANNING COMMISSION.

WE HAVE NO CHANGES TO TONIGHT'S PUBLISHED AGENDA.

SO I WILL GO THROUGH THE PUBLISHED WITHDRAWS AND CONTINUANCES.

THE FIRST ITEM A2, SPECIAL USE APPLICATION, 130344.

IT'S OUT OF ORDER TO BE HEARD AND IS CONTINUED TO THE AUGUST19th, 2013 HEARING MASTER HEARING.

AND A3, 130491, THIS IS CONTINUED TO THE SEPTEMBER23rd, 2013, ZONING HEARING MASTER HEARING, AND A4, MAJOR MOD 130499 THIS IS CONTINUED TO STAFF TO THE AUGUST19, 2013 ZONING HEARING MASTER HEARING AND ITEM A5, REZONING APPLICATION, 130594, IT IS OUT OF ORDER TO BE HEARD AND CONTINUED TO THE AUGUST19th, 2013 ZONING HEARING MASTER HEARING.

> JAMES SCAROLA: THANK YOU, BRIAN.

TONIGHT'S AGENDA CONTAINS TO TYPES OF PETITIONS.

YOU NOTICE ON SOME OF THEM, THE LETTERS RZ OR MM THOSE ARE REZONINGS OR MODIFICATIONS TO ZONINGS.

OTHER ONES YOU WILL SEE SU FOR SPECIAL USE.

THERE ARE DIFFERENT PROCESSES AND THE SPECIAL USE PROCESSES I WILL BE CONDUCTING THE HEARINGS TONIGHT AND RENDERING A DECISION IN 15 WORKING DAYS FOLLOWING THE HEARING.

IN THE CASE OF THE REZONING AND MAJOR MODIFICATIONS, THE LAND DEVELOPMENT CODE REQUIRES A PUBLIC HEARING BE CONDUCTED BY A LAND USE PUBLIC HEARING OFFICER PRIOR TO THE DECISION BY THE BOARD OF COUNTY COMMISSIONERS.

IT OFFERS A RECOMMENDATION TO THE BOARD WHO MAKES A FINAL DECISION AT THEIR PUBLIC MEETING.

THIS HEARING IN GENERAL IS GOING TO BE INFORMAL.

QUESTIONING WILL BE CONFINED AS CLOSELY AS POSSIBLE TO THE SCOPE OF DIRECT TESTIMONY.

AND WHAT THAT MEANS SIMPLY IS WHEN YOU COME FORWARD, YOU WILL BE SPEAKING DIRECTLY TO ME, NOT TO OTHER PEOPLE IN THE AUDIENCE, NOT TO STAFF MEMBERS, BUT TO ME.

AS THE LAND USE HEARING OFFICER, I WILL CALL AND QUESTION WITNESSES AS NECESSARY AND APPROPRIATE AND I WILL DECIDE ALL QUESTIONS ON PROCEDURE.

IRRELEVANT, IMMATERIAL OR UNDULY REPETITIOUS MATERIAL WILL BE EXCLUDED.

ANY PART OF YOUR EVIDENCE MAY BE RECEIVED IN WRITTEN FORM.

ALL OF YOUR TESTIMONY TONIGHT IS GOING TO BE UNDER OATH.

HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE BUT IT ENTER WON'T BE SUFFICIENT IN ITSELF TO SUPPORT A FINDING BY ME, UNLESS IT'S ADMISSIBLE OVER OBJECTIONS IN A CIVIL ACTION.

HAVING SAID THOSE FORMALITIES, FIRST, I WILL TURN TO STAFF WHO WILL INTRODUCE EACH PETITION.

AT THAT TIME, IF THE APPLICATION AND OTHER WITNESSES WOULD COME FORWARD, YOU WILL BE GIVEN UP TO 15 MINUTES TO PRESENT THE PETITION, THE SUPPORTING TESTIMONY AND EVIDENCE.

I WILL THEN TURN TO THE DEVELOPMENT SERVICES DEPARTMENT AND ASK FOR THEIR STAFF REPORT AND THEIR DEPARTMENTAL FINDINGS.

THEY WILL HAVE ABOUT FIVE MINUTES TO DO THAT.

I WILL THEN LOOK TO THE PLANNING COMMISSION FOR A REPORT ON COMPLIANCE OR NONCOMPLIANCE WITH THE COMPREHENSIVE PLAN AND THEY WILL ALSO HAVE A SIMILAR APPROXIMATE FIVE MINUTES FOR THAT.

AT THAT POINT, I WILL TURN TO ANY PROPONENTS, ANYONE IN SUPPORT OF THE PETITION MAY COME FORWARD.

THAT DOESN'T INCLUDE THE POLITIC AGAIN BY THE WAY.

APPLICANT AGAIN BY THE WAY.

ANYONE ELSE WHO WANTS TO COME FORWARD AND SPEAK IN SUPPORT OF THE CASE, WE WILL ALLOT A TOTAL OF 15 MINUTES FOR THAT.

I WILL ASK FOR OPPOSITION.

IF THERE'S OPPOSING VIEWS.

IT'S A TOTAL OF 15 MINUTES.

AT THAT POINT, I WILL ASK STAFF FOR ANY CHANGES TO THEIR STAFF REPORT BASED ON THE TESTIMONY PREVIOUSLY PROVIDED AND LASTLY, THE APPLICANT CAN COME FORWARD AND THEY WILL HAVE FIVE MINUTES FOR REBUTTAL TESTIMONY.

AND THESE ARE THE TIMES PRESCRIBED BY THE LAND DEVELOPMENT CODE.

SO THOSE ARE YOUR RIGHTS.

DON'T FILL THE NEED TO FILL THE TIME.

GET YOUR MOST IMPORTANT INFORMATION OUT, AS BEST YOU CAN.

WE HAVE QUITE A FEW CASES ON THE AGENDA AND WE WILL TRY TO CONDUCT THIS AS EFFICIENTLY AS POSSIBLE.

IF I FEEL IT'S APPROPRIATE, WE CAN GRANT ADDITIONAL TIME AS NEEDED.

A COUPLE OF TIPS FOR YOU, WHEN YOU COME FORWARD TO THE MICROPHONE, PULL IT DOWN CLOSELY.

WE ARE ESTABLISHING A RECORD TONIGHT.

SPEAK DIRECTLY INTO THE MICROPHONE, NAME AND ADDRESS FIRST.

NAME AND ADDRESS FIRST.

WHEN YOU LEAVE THE MICROPHONE, IF YOU HAD TO COME BACK FOR ANY PARTICULAR REASON, JUST SAY YOUR NAME.

THE WRITTEN RECORD NEEDS TO ESTABLISH WHO WAS SPEAKING.

SAY YOUR NAME ONE MORE TIME.

WHEN YOU ARE DON'T SPEAKING, STEP OVER TO MY LEFT, THE END OF THE LECTERN HERE, YOU WILL SEE A SIGNIN SHEET AND THAT WILL LEAVE A RECORD OF YOUR TESTIMONY ALSO.

NOW, BECAUSE WE HAVE A REMAND HEARING THAT IS A REZONING AND AS I MENTIONED, THERE ARE TWO DIFFERENT PROCESSES GOING ON.

YOU WILL NEED SOME INFORMATION FROM THE COUNTY ATTORNEY ABOUT YOUR RIGHTS IN YOUR PROCESS.

SKILL MR.LOUIS WHITEHEAD TO TALK ABOUT YOUR RIGHTS TO SPEAK BEFORE THE HEARING OFFICER.

> LOUIS WHITEHEAD: THANK YOU MR.HEARING MASTER.

TONIGHT'S PUBLIC HEARING IS THE FIRST OF TWO STEPS IN THE COUNTY'S REZONING PROCESS.

TONIGHT'S HEARING IS A TIME FOR APPLICANTS AND INTERESTED CITIZENS TO PRESENT TESTIMONY AND OTHER EVIDENCE.

THE EVIDENCE PRESENTED TONIGHT WILL BECOME THE COMPLETE FACTUAL RECORD OF EACH CASE.

THE RECORD OF EACH CASE WILL CLOSE AT THE END OF TONIGHT'S HEARINGS AND NO EVIDENCE CAN BE INTRODUCED HEREAFTER.

THE SECOND STEP OF THE REZONING PROCESS IS A PUBLIC MEETING BEFORE THE BOARD OF COUNTY COMMISSIONERS AT WHICH TIME THE BOARD WILL MAKE A DECISION ON EACH PETITION.

THE HEARING MASTER WILL FILE A RECOMMENDATION FOR EACH PETITION HERE TONIGHT ON AUGUST12th.

AFTER THE RECOMMENDATIONS HAVE BEEN FILED, EACH INDIVIDUAL WOULD DESIRES TO ADDRESS THE BOARD AT THE PUBLIC MEETING MUST FILE AN ORAL ARGUMENT REQUEST NO LATER THAN THE CLOSE OF BUSINESS ON AUGUST22nd.

TONIGHT'S PETITIONS ARE SCHEDULED TO BE HEARD BY THE BOARD AT THE BOARD'S SEPTEMBER10thLAND USE MEETING.

THE BOARD WILL CONSIDER ONLY THE RECORD OF TONIGHT'S HEAR AND THE ALLEGATION OF THE HEARING MASTER IN RENDERING ITS DECISION.

ORAL ARGUMENT REQUESTS MUST BE RESPONSIVE TO THE HEARING MASTER'S RECOMMENDATION.

ACCORDINGLY, ORAL ARGUMENT REQUESTS SHOULD NOT BE FILED UNTIL THE HEARING MASTER'S RECOMMENDATIONS HAVE BEEN DELIVERED TO THE COUNTY.

THE BOARD IS NOT REQUIRED TO HEAR ORAL ARGUMENT AT THE PUBLIC MEETING.

HOWEVER, UNDER CERTAIN CIRCUMSTANCES, THE BOARD CAN ELECT TO HEAR ORAL ARGUMENT FROM A PARTY OF RECORD.

A PARTY OF RECORD IS AN INDIVIDUAL WHO FITS INTO AT LEAST ONE OF THE FOLLOWING FOUR CATEGORIES.

FIRST, AN INDIVIDUAL WHO IS PRESENT TONIGHT, AND PRESENTED ORAL TESTIMONY OR DOCUMENTARY EVIDENCE; SECOND, AN INDIVIDUAL CERTIFIED BY THE POSTAL SERVICE AS HAVING BEEN MAILED NOTICE OF TONIGHT'S HEARING; THIRD, AN INDIVIDUAL WHO SUBMITTED DOCUMENTARY EVIDENCE TO THE MASTER FILE AT LEAST TWO BUSINESS DAYS PRIOR TO TONIGHT'S HEARING; OR FOURTH, AN INDIVIDUAL THAT SUBMITTED DOCUMENTARY EVIDENCE THROUGH ANOTHER DURING TONIGHT'S HEARING.

IN THE EVENT THAT THE BOARD ELECTED TO HEAR ORAL ARGUMENT, THE PARTIES OF RECORD WOULD FILED RESPONSIVE, TIMELY REQUESTS WILL BE CONSIDERED FOR ORAL ARGUMENT.

ORAL ARGUMENT REQUESTS SHOULD CLEARLY INDICATE THAT MY ORAL ARGUMENT IS NECESSARY TO ADDRESS, ONE, AMBIGUITIES IN THE RECORDS OF TONIGHT'S HEARING; NUMBER TWO, TO UNDERSTAND THE REQUEST TO ENTER ADDITIONAL EVIDENCE IN TERMS OF RECORD; NUMBER THREE, A MISTAKE IN THE HEARING MASTER'S RECOMMENDATION; OR NUMBER FOUR TO INTRODUCE A MATTER THAT WAS ENTERED INTO THE REGARD BUT NOT ADDRESSED IN THE HEARING MASTER'S RECOMMENDATION.

THE SCOPE OF OUR ORAL ARGUMENT SHOULD BE LIMITED TO THE TESTIMONY AND OTHER EVIDENCE SUBMITTED VERBALLY OR IN WRITING TO THE HEARING MASTER TONIGHT.

THE RULE OF THE COUNTY ATTORNEY'S OFFICE IS TO ENSURE THAT ONLY INDIVIDUALS WOULD HAVE MET THESE REQUIREMENTS ARE ALLOWED TO SPEAK FOR THE BOARD AND THAT NEW EVIDENCE OR TESTIMONY IS NOT INTRODUCED OR ALLOWED AT THE PUBLIC MEETING.

FOR THESE REASONS, PLEASE ENSURE THAT ALL INFORMATION THAT YOU DESIRE THE BOARD TO CONSIDER AT THE PUBLIC MEETING IS PLACED INTO THE RECORD TONIGHT.

THANK YOU VERY MUCH.

> JAMES SCAROLA: THANK YOU FOR THAT, MR.WHITEHEAD.

IF YOU ARE GOING TO GIVE ANY TESTIMONY OR EVIDENCE TONIGHT, PLEASE RAISE WITH ME NOW AND RAISE YOUR RIGHT HAND.

[APPLICATION OF THE OATH]

> JAMES SCAROLA: OKAY.

WITH THAT IN MIND, BRIAN, WHAT IS THE FIRST PETITION?

> BRIAN GRADY: THE FIRST ITEM IS ON PAGE 4 OF THE AGENDA.

I1 REZONING APPLICATION, 130273.

MR.LUCE, YOU HAD HEARD THIS CASE AT A PREVIOUS ZONING HEARING MASTER.

IT WAS REMANDED BY THE BOARD OF COUNTY COMMISSIONERS FOR FURTHER DISCUSSION AND TESTIMONY.

I WILL NOTE THAT I HAD PASSED OUT THE REVISED CONDITIONS TO THOSE THAT WERE CONTAINED WITHIN OUR REVISED STAFF REPORT.

THESE REVISIONS ARE BASED ON NEGOTIATIONS BETWEEN THE APPLICANT AND THE REPRESENTATIVES OF THE ADJACENT PROPERTY OWNERS.

IT'S MY UNDERSTANDING AND I WILL ASK THE APPLICANT AND REPRESENTATIVES OF THE ADJACENT PROPERTY OWNERS TO CONFIRM THAT THEY ARE IN CONCURRENCE WITH THESE REVISIONS.

I WILL PROVIDE STAFF RECOMMENDATION AFTER PRESENTATION BY THE STAFF BY THE APPLICANT.

> STEVE LUCE: JUST FOR THE RECORD ALL TESTIMONY THAT WAS RECEIVED ON JUNE3rdMOVES FORWARD AND IS PART OF THIS PUBLIC RECORD AS WELL, CORRECT?

> LOUIS WHITEHEAD: CORRECT.

> STEVE LUCE: AND THE REMAND REQUEST REQUESTED BY THE BOARD TO REQUEST FURTHER DISCUSSION, COULD YOU PROVIDE ANY MORE DETAIL AS TO WHAT THE DIRECTION WAS?

> LOUIS WHITEHEAD: THERE WASN'T ANY SPECIFIC DIRECTION.

THE BOARD FELT THAT GIVEN THE CHANGES THAT WERE MADE TO THE PLAN, TOWARDS JUST PRIOR TO THE HEARING THAT GIVEN THOSE CHANGES, THAT AND TESTIMONY OF THE RESIDENTS PROVIDED REGARDING CONFUSION REGARDING THE CHANGES IN WHAT THE NATURE OF THE REQUEST WAS, IS THAT THEY THEY FELT THAT IT SHOULD GO BACK TO THE HEARING OFFICER JUST TO BASICALLY MAKE IT CLEAR WHAT'S BEING REQUESTED AND PROVIDE FOR ADDITIONAL DISCUSSION AND TESTIMONY ON WHAT'S BEING REQUESTED.

> STEVE LUCE: OKAY.

> SO WE REVISED THE REPORT TO REFLECT CONCESSIONS THE APPLICANT MADE DURING THE MEETING BEFORE THE BOARD OF COUNTY COMMISSIONERS AND ALSO THE APPLICANT HAS BEEN IN CONSULTATION WITH THE NEIGHBORS TO ADDRESS CONCERNS.

> STEVE LUCE: VERY GOOD.

AT THIS POINT IN TIME, CLAYTON BRICKLEMEYER, BRICKLEMEYER LAW GROUP.

I ACTUALLY, SINCE THE RECORD IS ALREADY COMPLETE, I DON'T HAVE REALLY ANYTHING TO TELL YOU, BEYOND WHAT BRIAN WAS JUST TALKING ABOUT.

I DID WANT TO CLEAR UP, WE JUST MINUTES AGO MADE ONE SMALL WORD CHANGE.

IS THAT PART OF YOUR DEAL OR DO I NEED TO READ THAT IN?

> BRIAN GRADY: I CAN ADDRESS IT DURING MY TESTIMONY.

> WE MADE ONE SMALL WORD CHANGE THAT I THINK MS.THOMPSON WILL AGREE TO.

THAT SAID, WE WORKED REALLY HARD WITH THE RESIDENTS AND WE GOT VERY, VERY SPECIFIC IN OUR ZONING CONDITIONS AND I THINK WE'RE DONE BUT WE ARE HERE FOR QUESTIONS IF YOU NEED US.

I HAVE THE ENGINEERING AND A DRAFT CONSULTANT.

> STEVE LUCE: VERY GOOD.

AT THIS POINT THIS TIME, WE WILL HEAR FROM I DON'T KNOW IF YOU WANT TO GO BACK OVER ANYTHING FURTHER AS STAFF.

> BRIAN GRADY: FOR THE RECORD, BRIAN GRADY AT DEVELOPMENT SERVICES.

REGARDING THE REVISIONS TO THE CONDITION, BASICALLY IN 5POINT 1.1, THE LAST SENTENCE WHEN IT'S TALKING ABOUT PLANTS, IT'S CHANGING THE WORD "SHALL" TO "MAY" IN THAT LAST SENTENCE.

THAT'S THE ONLY CHANGE TO THE REVISIONS I JUST HANDED OUT.

AGAIN AS I NOTED, I DON'T REALLY HAVE ANY ADDITIONAL ADDS.

THE REVISED CONDITIONS THAT WE SUBMITTED AS OUR STAFF REPORT, DID HAVE SOME ADDITIONAL CONDITIONS AND CHANGES FROM THE CONDITIONS THAT WERE BEFORE YOU AT THE PRIOR HEARING.

I WANTED TO POINT THAT OUT BUT I DON'T HAVE ANYTHING ADDITIONAL TO ADD UNLESS YOU HAVE SOMETHING TO ADD.

> MARCIE STENMARK: WE HAD ONE ADDITION TO OUR STAFF REPORT WHERE WE ADDRESS THE POLICY, 16.16 OF THE FUTURE LAND USE ELEMENT REGARDING THE APPLICATION OF DENSITIES TO LAND SPREADS AND WATER BODIES BECAUSE THERE IS A SMALL LAKE AT THE NORTHEAST CORNER OF THE PROPERTY THAT WE HAD MISSED IN OUR FIRST REPORT.

SO WE EXPRESSED THAT IT MEETS THE INTENSE OF OUR REPORT AND THE REPORT REMAINS THE SAME.

> STEVE LUCE: VERY GOOD.

IS THERE ANYONE WHO WISHES TO SPEAK IN SUPPORT OF THE APPLICATION?

> HELLO, MY NAME IS BETTY JO, STRATEGIES PLUS, BRANDON FLORIDA, 33511, I WASN'T SURE IF I WOULD SPEAK AT THIS POINT OR IN THE OPPONENTS SECTION, ONLY BECAUSE I REPRESENT THE GROUP THAT WAS INITIALLY OPPONENTS TO CERTAIN ELEMENTS OF THE PLAN.