PDE-25-78-18 HCM Hospitality MF1 rezoning
What the county recorded
This item is not from the published agenda
It is a stretch of the recording that this archive identified as a separate matter — a call to order, a recess, or something taken up that the agenda does not list. There is no official title, no staff recommendation and no disposition, because the county never recorded one. Everything below is inferred.
The source document
The county’s agenda for Planning Commission, Oct 17, 2024
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Planning Commission, Oct 17, 2024
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 43m of recording, with speaker names inferred from voice matching. 90% of 266 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
All right, so we're going to move on to PC seven.
And I I don't have a the clicker, but um we'll move through it. So it's PDE twenty five seven eight one eight. This is for HCM Hospitality LLC. Um for a change in zoning from a C two. General Commercial District and MF1 Multiple Family Medium Density District to an MF1 Multiple Family Medium Density District. The parcels are located on the east side of US 19, approximately 950
feet south of State Road 52, containing approximately 4.44 acres. The subject location consists of a hotel, which is La Vista Inn, and 36 multifamily units on the rear of the property. The applicant proposes to convert the hotel into dwelling units in conformance with the MF1 multiple family medium density standards for development. On August tw on August 10th, 2021, the uh court heard a case. Um in the court's judgment, there was a Um
Stipulated term of agreed judgment between the county and HCM hospitality, which is included in your agenda packet, which requires the applicant among other things to change a zoning and receive development approvals to use the rooms on the property for extended stays for guests. So on the on this item, it comes to you also with uh with deed restrictions, um, which is your on your agenda memo item number two, that basically states that the applicant for itself and all subsequent owners, by acceptance
of a deed restriction to any portion of the property, acknowledge and agree that the property is not eligible for the ad valorem tax exemption in 1976. 6.1978 Florida statutes. Also um I think that's the only D restriction we have on that one.
And uh
So as as previously stated, this is uh formerly La Vista Inn. If you look at the zoning, so the eastern portion of the property is zoned to MF1. And then the western portion of the property is zone C2, which is the hotel units. In the front, at one point in time, there was also it, and it's been out of business for many years, but at one point in time, there was also a restaurant at the front, which was where the actual office for the hotel was located.
The applicant has stated that they're not gonna be using that. They're gonna be using that to be like like the leasing office for the apartments but he can speak to that. Mr. Pressman is here to speak on that item. And I think I've talked to and it's not adjacent to any trails. There is a voluntarily agreed upon deed restriction, which I read into record a few seconds ago. And the recommendation is that the Uh Planning Commission recommend approval to the Board of County Commissioners on this item.
Okay. Thank you, Denise. You're welcome. I guess before we start the public hearing, for those of you that are here, I I should have done this at the beginning, but the public hearing procedures for the meeting, for the applicants, and for anybody wishing to speak on an item. Um If you signed up before the meeting, you'll be called when it's your time to speak. Applicants will be limited to five minutes and other participants will be limited to three minutes unless additional time is approved at least twenty-four hours in advance of the meeting. And I don't think we had any of those. Um when you come up to speak um When you
come to the podium, please make sure you acknowledge that you've been sworn and give your name and address and obviously we'll know what item you're here to talk about. Then once you get up there your three or five minute timer will start. So That being said, uh The applicant for this item? Mr. Presman?
Uh good afternoon, Mr. Chairman and Board Members. My name is Todd Pressman. I've been sworn. Uh my uh location or uh uh office is uh two hundred second south, number four fifty one in St. Petersburg. Uh I believe that Denise has presented this uh what is proposed before you quite well. I would say to you that this is really an issue about affordable housing and quite frankly has become a hurricane refuge issue as well. Uh
the major change here, as Denise has indicated, is that uh under the current zoning and operation. The period of stay is 28 days. The purpose of the rezoning is primarily to allow it to to uh have a period of stay beyond twenty-eight days. Um I'm not aware of any opposition that has come in, uh, nor anyone online. Uh the applicants are here as myself uh is and we're happy to answer any questions or concerns you might have. Okay.
Thank you.
Is it your plan to raise the apartment complex and build a new apartment complex or renovate?
This? It will remain as is. It's just the use of the rooms will be allowed to be a longer term.
Are all of the rooms equipped with like kitchen and that kind of thing?
They will be required, of course, to meet the housing code for each unit.
Okay. So I wanna clarify the statement you say remain as is. My understanding from staff is that it will need a new site plan approval and building permits so that you can't just remain as is.
We'll have to meet, of course, we'll have to meet under site plan, we'll have to meet all uh uh requirements under code. If not, they'll have to come back for variances or for variations or or waivers of whatever uh is required. Certainly, yes, sir.
And these will these be short-term rentals?
What was the question?
These be short-term rentals or rentals longer than seven months?
They will exceed 28 days. They'll exceed 28 days. Yes, sir.
Okay.
So potentially short term and long term.
Yes, sir. Short term.
To be clear, short term is a defined term in our code that requires a special approval. I don't think there's a
that what they're proposing does not mean that definition of short term result.
Okay.
Is that is that all you got, John, for now? For the moment. Okay. Is there anybody here or Todd did you have anything else? Is is there anybody else here to speak on this item?
Okay. That being said. Uh anything else from up here? So for Todd?
Question for the county attorney. There's this stipulated terms of agreed judgment if We were not to rezone this property to M F one, would that put us in violation of that judgment, agreed judgment?
Assistant
Ms. Rodriguez is good.
Assistant County Attorney Jessica Rodriguez for Pasco County. Of pursuant to the agreement that was signed in 2021. They only way they can use extended stays more than 28 days is if they go through this process. If they don't, they have to follow whatever Florida statute requires, which is 28 days or less.
Is the only process rezoning to MF One or could they use the conditional use in C two because they're in the West Market area?
That would have been a a possibility, however, then they would have then there would be half of the building or half of the property would be zoned to MF1 and then they would have a conditional use over the C2.
Right. But that would allow them to do what they want to do?
That's correct.
Yes.
And then we could apply conditions to the conditional use rather than just accept a Euclidean zoning district as is.
That's correct.
Would the applicant have an issue with that?
Can I ask you to repeat that, please?
So in our land development code in the C2 district. You can request a conditional use approval for multi-family. So long as and I think there's three criteria for that. One is be located in the West Market area, which you meet that criteria.
Would you have a problem accepting a conditional use rather than the Euclidean rezoning district?
W we're here move to move forward with the uh rezoning before you today.
Oh so that's a no.
That that's correct. We've been through the process, we're here, we have staff support, no one from the community of opposition, we think it's a good way to proceed. Appreciate your uh consideration, Foster.
Uh and I can just Commissioner Oakley, if the concern is that you think there should be some conditions there is a deed restriction that is going with this rezoning. So If there's something of particular concern about you could ask the applicant if they're willing to Agree to some additional requirements in the deed restriction.
Well that would probably be all of those terms of that agreed judgment.
The problem that I have is this property appears to historically, I don't know whether it is today, but historically it's been a nuisance. It's been a big problem. And I'm not hearing a proposal. To raise the facility and build a new affordable housing complex, which I might not be opposed to.
And I'm concerned that All we'll do is create some low budget efficiency apartments and continue to have the same historic problems on the property that we have, except now they can legally stay there for more than twenty-eight days. Whereas if we did this as a conditional use. Then we could the benefit for the county of it being a conditional use. Is that if The applicant chooses not
to manage the proposed apartment complex or affordable complex, whatever we're calling this. In accordance With good standards of practice, a conditional use can be revoked.
It can, but if the if there were similar requirements embedded in the D restriction, we have other me we we can enforce the D restriction as well. So But is it quicker to revoke
To enforce a deed restriction or quicker to revoke a conditional use?
It's a sad.
I'm not sure which is
quicker. I mean I mean he miss Rodriguez.
Oh I'm going to call Ms. Rodriguez back up. Because
Yeah,
you see. My understanding though is that the applicant is currently in compliance with their judgment.
That's correct.
So To the extent they were not in compliance, I guess the question would be what would What would be the how would you Enforce that if they didn't comply with the judgment.
We'd file a breach of contract.
Which would be similar, which you'd have to file for the deed restriction. I mean similar rule was filed already.
Correct.
A couple of years
ago.
To enforce the judgment.
Which would be a legal proceeding.
That's correct within the sixth circuit.
Redvocation of a zone of a conditional use would I don't know if that comes back to the Planning
Commission, but that's a
board action.
That's a board action. Correct.
Yeah, I I can't tell you which is faster or slower. They're just different processes. So Um
But
Hold on, I my only point I mean, yes, you you in theory could deny the request and ask them to resubmit as a conditional use. The only point I was trying to make is if there was something in particular that you wanted to make sure was enfor an enforceable requirement. We can enforce the D restrictor. Okay.
Can I can I just interject quickly? Go ahead. Okay. So the agreement is going to stay in place regardless of whether it's zoned as a multifamily or cur if you do a conditional use. They're still required to do the terms of the agreement. I
so or if the application is denied and it stays commercial, it still stays in place.
It still stays in place. From a zoning
perspective. Yeah.
It's been the policy since the Live Local Act. was imposed upon us. Or it's been our position here in Pasco County that we don't want to see our job creating sites, our C two sites turned into apartment complexes and affordable housing complexes. This seems to go against kind of the the policy we've been pursuing. So
The reason that I suggest the conditional use is that still allows us to potentially preserve this in the future because I look at the age of this facility. I can tell you I lived here when this facility was built. I remember when it was brand new.
Damn you're old.
Yeah. So so that concern Is it's a legitimate concern and that would that cannot be addressed with the D Destrictor because You would be changing the zoning. Right. That's so you harder to unwind that if that's what you
can
do.
seems to me that that process allows the county a little bit of Extra security to make sure that What we're being told we're gonna get is what we get.
I think that's fair given the history of this case.
May I respond, Mr. Chairman? Yes. I I would suggest to you that allowing it to move forward today would bring more stability to the site. As you've heard from the staff, uh the uh owners and managers have brought the site into compliance of those concerns and have continued to do so. So any of these issues, as you well know, is a long road to get here and get done. But I will add That This is a site
that is a last resort of affordable housing and now Hurricane Refuge. And what's occurring in the county for these people sort of at a last refuge is they will go somewhere for 28 days, then they have to leave, they go to another place. Then they may come back. They hop have to unfortunately it's a terrible way to live, but unfortunately that's the way some people are having to uh address and and live their lives. We're trying to make that better. We think this is a good example.
You still have control over it. We've gone through a lot of hoops to be here today and without any opposition from the public and support of your staff, we would very, very much appreciate your recommendations.
With all due respect, we've had Lots of affordable housing developers in here that are building nice new complex with recreation facilities and swimming pools and neighborhood parks.
This is taking an old motel and turning it into a bunch of efficiency apartments. I'm not sure I call that affordable housing, and I think your application was filed long before there were any hurricanes. So I was
going
to
say it's a little disingenuous by saying that because this application was filed, you know, the hurricanes happened in the last two weeks. I understand that's the an issue now. Potentially. This this this wasn't to address a a hurricane shelter issue.
No, it certainly was not. I mean to imply that. My comments were in the fact that it has now become that because of circumstances. This was fought a long time ago. So can I answer another question?
You keep saying that it's affordable housing, but there's actually no commitment anywhere in this application That this is gonna be affordable housing. There's Okay. It's just a rezoning to MF one. So Have you used have you obtained any grants from our community development department to ensure this remains affordable. I mean I y you keep making the statement over and over that it's affordable housing, but I see nothing in this application that commits it to being an affordable housing project.
We're happy to include any any restriction to confirm that and hold that uh а за усе на сайте. Well I guess
Let me just add to that. Okay, so One of the things I asked staff to include in this agenda ammo was how much you'd how much you'd have to be paying in impact fees to convert this use to residential. It's one point four million dollars.
Yes, sir.
If it was an affordable project, why didn't you asked for some affordable housing reduction For your impact fee. We ha that is available. But you just let stop put one point four million in there and Apparently you're happy to just pay that.
The uh conditions and restrictions uh I sent over to the applicant and asked them to review those. Certainly if there's a ability to reduce those, we will pursue those.
Okay. But So you just saw the one point four million and never said Uh your your client just said that was okay just to pay it.
Uh I referred all all the documents to the client and made sure that they reviewed them and make sure that they were comfortable with them. Yes, sir.
To anybody else up here?
I'm just not really clear whether this is an affordable housing project or not, but uh but okay. It sounds like a sales pitch.
I'm just saying that most affordable housing projects that are that come into the county and they're seeking approval as an affordable housing project.
Yes, sir.
they try to take advantage of either grants or reductions of impact fee. They they There's a lot of things they do to make the project affordable. Typically an affordable project wouldn't want to be paying one point four million in impact fee because then they gotta raise their rents. Which probably makes it not affordable. So you're coming in here saying it's affordable But you you haven't done any of the steps that a normal affordable housing applicant would do. To make sure it stays affordable.
The the other thing David is I think when people move into an affordable housing complex, they sign a one year lease, not a twenty-eight day le This sounds like we wanna have an extended stay hotel.
That's what it is.
And I'm not necessarily opposed to that. If you want to build a brand new extended stay hotel, I might be on board with that. This area's blighted. Could use some nice redevelopment.
Just doesn't sound like a redevelopment. Sounds like a conversion, a technical conversion, so that you can allow people to stay on the property longer than 28 days.
That that is precisely it. This is a affordable housing of last resort, a single efficiencies.
Single efficiencies for people who can't afford a brand new affordable housing complex with a pool. uh and amenities and one, two, or three bedrooms. That's just the reality of How some people Uh have a choice how they have to live. Again as a last resort.
So my question primarily to you is if it was an affordable housing project, why didn't you go through our community development department Seek grants, seek impact fee reductions, w which As far as I know, every affordable housing project in the county that comes in as an affordable housing project does that.
What I honestly I reviewed this before it got here.
Yes, sir.
You getting up and telling me it was an affordable housing project was the first time I ever heard of it.
We present it as an affordable housing project by virtue of what is on the site and what the product is, which is a very small, I'm gonna say again, last resort product. for people who are in dire straits.
whose next step is probably homelessness. It provides housing for a group of people. Better in dire circumstances. I know. That's what's on this property. Based on
the property, it doesn't sound like those are the people we wanted to be housing.
Well, those people need housing and circumstances also arise, first of all, in people's lives, uh falling through net of social support. And again, one example that we've had in the last several weeks are people losing their homes and needing a place to live immediately, at least for a short term or longer term, over twenty-eight days. These things happen. We're all very lucky. That we can afford. a nicer place and a higher level to place to live.
I acknowledge the need for affordable housing. I acknowledge there's a need for affordable housing in the county. Yes,
sir.
My question to you is. How does your client pa plan to pay the one point four million dollars in impact fee? And still keep it at the the as fortable as what you're representing.
I I can have them respond to that, but I will also tell you that as soon as we leave this meeting today, I will work with them to uh pursue those elements or pursue those pr um possible uh areas of the
agenda memo and saw that it was that you need to $1.4 million in impact fee
to do
this conversion?
My easy answer is to you, I receive the staff reports, I review ever view everything on zoning, send it to the client and tell them to review it very closely and be sure they're comfortable and double check that they are.
I mean
I mean the
financial element. I mean it it sounds to me like if they're comfortable paying the one point four million, you need to go do some homework with them and and do the get some kind of reduction and have them put that money back into the place to to upgrade the facilities.
Correct. Norm normally only makes sense for an affordable housing developer to get the margins that they need on that development by getting some of these uh grants and some of these um I guess uh things that the county affords them to be able to receive for affordable housing, affordable housing credits and so forth. And if you're not taking advantage of that, I don't understand how the margins work.
What I would suggest, with all due respect, ask your consideration to consider moving this forward as a recommendation and we will immediately I immediately have the applicants work with the county to pursue those Um programs.
I'm not sure that I'd want to give up the commercial development, but
we with all due
respect now to make this a multifamily development. Like I said, if you were promising me a brand new shiny brand new multifamily development that was deed restricted for the next thirty years for affordable housing, I might look at that different. But there's no guarantee here you come up and you make that claim today and there's no guarantee that when you leave here tomorrow that that's what we'll actually get. Is it really what's affordable or what we can what we can get out of the people?
Bye.
I don't I don't know how you reduce the end cost for the people that are living there without taking full advantage of all the credits that you can get through affordable housing. That's that's
true. You made a statement that you're willing to make a commitment to be affordable. Are you talking about sixty percent of AMI, eighty percent of AMI? Hundred and twenty percent of AMI. What affordable affordability commitment are you comm
I'm saying you're As I understand it, it's a percentage of the uh area uh of the AMI, which I think last time well and I I I know what that number is in Hillsborough and St. Pete, but uh it's the standard of affordable housing. Uh you understand there's different there's different
tiers of affordability.
Say again, sir.
Different tiers of affordability.
Yes, sir.
So which tier are you committing to?
If you're saying it's affordable housing, you should know what tier you're committing to.
I I can ask the applicant and ask if they have an answer to that. Yes, sir. If you would like that.
I'm a you're the one here today, you are the applicant. I'm asking you what
what year
are you committing to?
I'm a representative for the applicant. I can bring the applic applicant up to answer the community.
They're here?
Yes.
Okay, well let's bring him up then.
Just a reminder, we we do need your name
and address and then we need you to acknowledge if you've been sworn. Uh my name is Irene Patel and I haven't been sworn. Okay. To speak over here.
You have not been sworn? To speak. Okay. So if you can raise your right hand and the clerk will swear you in.
Do
you swear or affirm the testimony you're about to give is the truth, so help you out.
Yes,
I do.
Okay, I'm sorry what was the question. So your representative has stated that you're willing to commit this as an affordable housing project. My question to you is what tier of affordability are you committing to?
Okay, I am not aware of uh what uh the tiers are right now, but the reason we are doing this is we have a lot of uh workers who works around the area. and they are staying on the property and it is so much inconvenience for them to move here and there. So we've been getting a lot of requests that if they can stay over twenty eight days. Okay, so because they are not finding it.
Uh we uh it it de it depends if they are uh going to the apartments areas. It's a different pricing. And the regular rooms we go about two fifty to th three hundred a week.
So you're charging but as a hotel, you know, the other fees are also included of the cleaning
and everything. So and what about the apartment? Uh what's the cost of the apartments monthly? It's 400 a week. 400 a week, so sixteen hundred a month, roughly.
Yeah. And you're you're comfortable with the $1.4 million of impact fee?
No, sir. Because we were not aware of these options that were just uh given, that uh how can uh we are even eligible to get those uh you know reduced or anything. Because we were told it was gonna be like uh over fifty thousand or more, and uh it's it comes down to this, and we're still looking for help, but uh we didn't know that this option is available to us. So how are you? Fund
rehab of the apart of the motel units. Two Apartments.
We're gonna go through all the housing standards, sir. Uh that's what we have done so far. That any housing standards
He's asking how how can you fund that? How
can I what's the source of funding to do that? We have a potential partner who is willing to do that, who is already in the industry. Uh he has done a multiple uh affordable housing in Orlando area. So they are willing to partner with us and help us guide through this process.
And is this gonna be the same? Would you turn each room into its own? Living unit or would you combine the rooms to become living units?
However the plan is gonna come down to and the the housing standard that we have to meet, whatever uh and a safety safety standard, whatever we have to meet, we're gonna have a plan accordingly that.
And the partner who is willing to partner with us. Uh the company, they have uh substantial experience in that, so they can uh guide us through this process. But our uh as as far as we go, we were the only concern about if we cannot change this zoning, he cannot partner with us. So that is the first step that we have to take, and that is why we are standing here in front of you. Well I
offered another avenue. to get where you want to go. Was that necessarily a problem with you?
I'm not sure that would uh you know will be closer to the potential uh investor that we have, partner that we have, uh can support his model or not. I'm not 100% sure about that, sir.
Well I'm not not understanding the you're looking for an entitlement and we can give you that entitlement without changing the zoning. We can do that through the conditional use process.
That entitlement
allowed them to do exactly what you want to do, which but it also allows the county to retain the potential entitlement for commercial redevelopment, which is what I'd really like to see here on this future.
Dennis, this goes to the BCC on next week. Is that correct?
This goes to the Board of County Commissioners. Um yeah, it says 1022, but it's actually not the I don't believe it's on the agenda for 1022. Okay.
When when did you first team up with your redevelopment partner? Was it during this application process or was it before?
Right before that, a few weeks ago. I mean, we we've been in uh talking to him about a couple of months. So we looked at his projects and stuff, what we that he has done so far. And it kind of interested uh uh us, you know, what he was offering. And that would solve our problem too. As I said, we have many people there willing to sign the petition that uh they stay longer over there and I'm talking about families with the kids. We have bus uh bus uh buses coming over there school buses right and people still have to move here and there every 28 days so which is very difficult for them so it it's gonna
solve both of the problem we're gonna have our steady cash stream that what is we are doing right now and it will solve the long term problem for us and for them.
The reason I asked was because I would expect uh redevelopment partners it's experienced in affordable housing to have thought about some of these credits and Um I
think
one
of them that he thought about was denied to us, I think before that. I'm not 100% sure because he's in the loop with this. And uh we did uh email all this uh subject to him. So if he's uh open to any of those credit, he would uh let us know.
So The rear portion of the property is already zoned multifamily. And that has apartment. units on it that comply with the building code and all of that.
Yes, sir.
Are those a hundred percent occupied?
We are we are using that as a hotel 'cause we have that supplementary agreement for twenty eight days.
But So I'll ask the question of staff or county attorney. If they have legitimate apartment units located in the multifamily zoning district, there's nothing that stops them from Making rentals longer than twenty eight days on that portion of the property. So then what's the need to rezone the front portion?
The only thing I can see though just by Looking at the aerials, it looks like that zoning cuts that back building in half. It looks like it goes right through the middle of that building. Does it?
That's accurate. Yes, it it cuts that building in half. And they have presented to us that their new model is for extended stays, stays that are longer than what the state shows as transient lodging for hotels.
Basically C two allows hotels of use. It does not allow Permanent or Longer term residential use.
Correct.
Unless they take advantage of the conditional use. Conditional use
or MF one, yes.
Uh you may you may want to ask staff why they supported the M F one route versus C two. I don't they may have an opinion on the issue. Versus conditional use.
Correct, because we our opinion was that that is the cleanest way to do this because then you would basically have a portion of a rear of a building that has some conditions under conditional use, where you have a portion of another building that is under MF1. So then the applicant would literally have to rezone the property to seat go through two processes, rezone the property to C two or that portion of the property that Maybe not the entire property because there there's
some um kind of like low-lying areas in the back, but a s a specific area of the property to see to and then do a conditional use over the entire parcel.
I mean in theory it would still accomplish the same thing though by having uh conditional use on the front part of the parcel and leaving the M Mf portion alone, correct?
It would just not have the condition it would not have any conditions. Conditions on that rear portion.
That that is accurate. Right.
My particular issue is that if we use the conditional use process it allows us to impose conditions Which we can't do under a Euclidean district.
That's a pretty heavy commercial corridor right there on the corner Fifty two and nineteen. I mean it C two makes sense for that front portion. portion. I I
I agree with Mr. That's my thing. And I mean we've been we've been here continuing to you know beat the drum that we need to preserve our job producing
You know, we've been defending the county against the Live Local Act. here so that we can preserve those job creating sites and then here we want to give it away. As a matter of convenience. For someone That is historically not a good idea. Been a good neighbor.
Well the county has worked its hard work and the site is in compliance and the folks have responded they fixed those issues. I I think with the greatest respect they keep stating that they've had a bad history. Uh it's better to think that they have worked hard. uh work with the county, obviously work with the county attorney and settle these issues. Um I would also suggest.
There's been no calls since that stipulated judgment, because I can tell you I passed this on my way home and I regularly see sheriff's deputies out in front of this place.
Well I don't know. Why a car or two may be there, sir. Certainly I don't, but certainly bringing in a longer term stay will bring more stability to the site.
Yeah, if it was one year leases maybe, but Uh so what what would be if the board was leaning that direction, not saying they are, but if they were leaning the direction of applying a conditional use to it as opposed to the rezoning, what would be the way forward from here? Would we have to make a denial on that? current application or can we Still move this forward today.
Maybe we need to ask that question of David, but I do want to clarify that the board hearing for this one. It it is showing that it's 1022, but at on 1022 we're asking for continuance to December 10th. Okay.
I I would ask I would ask Denise the same thing so I can have them immediately look at the affordable housing programs the county has.
Yeah, I mean I I think it would be difficult to move this forward as is because I mean there have been instances, for example, when Somebody sought rezoning for a higher zoning district and we recommend approval of a lower zoning district, but In this case it's a completely different application for conditional use. It's and you'd need time
to draft
conditions. Yeah. I I don't It's a different standard of review. I I d I don't
I don't think you could proceed with this current application if you wanted to go to conditional use, or it'd have to be some At a minimum it would have to be re advertised as a Conditional use application.
I not saying staff needs to charge them a new application fee or anything like that. That would be up to staff. I'm not gonna put words in Denise's mouth, but at a minimum it would need to be readvertised as a conditional use.
And then Mr. Colson, you would be suggesting we come back to this board?
If that was the case, yeah, I guess it would come back to us.
Yeah, I I don't think uh I don't think it'd be appropriate for the board to be acting on something that Basically a new application that never went to the Planning Commission.
Mm-hmm.
So yes, it would come back. Two. Even if we I think staff would I mean put aside the issue of the fees, because I'll let Denise tackle that issue. No But effectively it would have to be renoticed, new agenda memo. treated as effectively a new application.
Yeah, you would need uh Liam would have to write this up as basically a different application and it would be Renoticed.
Or make a recommendation filing and we'll move it forward to the Board of County Commissioners.
I think there was a a lot of good points made up here and it's um this is
I mean, I mean the point is
there is a third option, which is that you could continue it and see if they can come up with deed restrictions that would address your concern, but I'm not sure they're gonna address Mr. Moody's underlying concern about losing the C two. Right. It might be able to address things like affordability. You know,
I guess I I'd think I'd feel differently. If you were coming in here and you were proposing to bulldoze this place and build me a bright, shiny new complex, this is something that was built in the late nineteen seventies or early eighty or I It's way past its prime. We're coming in here. We're gonna do
I don't wanna I don't wanna accuse you of doing a bad rehab job. I haven't seen rehab plans here, but I'm not guessing that I'm going to get something that looks bright, shiny, and new when you Get your ability to do extended stay. This is an area that's blighted. It needs new redevelopment. And I would like to preserve that job creating opportunity. in this area, but I'm still offering you a way to do what you need to do. Or at least I've thrown that
out there. I'm not offerers or anything.
Yeah, I I I tend to agree with you. Um, you know, we that's an area that we keep talking about wanting to re we need redevelopment in in the western cor western corridor and it's We're not gonna do that by Doing things like this, I don't think. So That's that's my issue as well.
We take football there.
Chris, Chris.
I didn't I just don't see it. I mean with the impact fee is the way they currently are. I mean, if this is truly an affordable project, I mean it's just it doesn't pencil out. I mean there's no way it's gonna pencil out, so I think there's a lot of considerations the application needs the applicant needs to Easy to think about. Um I don't you know the two months going in front of the board gives them that.
We we have chair we have charitable organizations that send people to this location. I'm trying to impress upon the board.
What this site serves for.
But this is a this is the first time that either the the county's attorney or staff is hearing that this is a as you're selling in an affordable housing project.
I mean I guess what that's what that's what's really concerning to me is that you Doesn't appear you made any step to go through our community development department. to ensure this was treated as an affordable housing project.
I understand your point.
And the rents that he's charging in the back, I'm not even sure if they qualify as affordable or not. Okay, So
I mean those were close to market
rates at four hundred a week. You're you're throwing around this term, but that's that term has meaning to the county.
Yes, sir.
Okay, and the level of commitment you're gonna make on affordability would is Important if it's going to be treated as an affordable housing project. You have a Sounds like you have a partner that's used to doing that, maybe. But it didn't sound like either one of you did anything to move that.
Well quite
step forward.
Of course we came forward uh with the uh existing site and its obvious obvious marketability. So that's what we did come forward with. I understand your concerns, Mr. Boldstein.
was born out of an enforcement action. Not out of a desire to create a true affordable housing project.
Um I with respect I is my understanding dealing with the applicants is uh they were working towards those solutions and then this was a different direction for them to go which they felt would be more stable. Um And I think there's merit to that and there's merit to what's on the site and what they're providing to this community. Uh I well understand your points, Mr. Goldstein. I wish I could go back in time and say, hey, go talk to the county and get this affordable in place.
Quite frankly, I don't personally represent a lot of affordable. So I'm not terribly sure.
Part of the reason I asked to have to put it in the impact fee because I actually expected that when it that got put into the memo Did you all might wake up and say, Wait, maybe I can't pay these 1.4 million, maybe I need to do something. I
Mr. Colson, you made that point quite clear. But instead
all we got was just the application moving forward. I'd like to make a motion. I I move we I move we deny this application based on reasons five, eight, and ten on the rezoning attachment. Second.
Okay, we'll motion and a second. Any other discussion? All right. All in favor? Aye. Aye. Opposed? Motion carries for denial.
We do appreciate your time and consideration. We'll we will move forward and try and do our best to answer the questions and concerns of the board. Thank you. Thank you, Clark.