CAPTIONING
JULY 20, 2010
BOCC LAND USE
MORNING SESSION

***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.

>>KEN HAGAN:  GOOD MORNING, AND WELCOME TO THE TUESDAY, 
JULY 20th, 2010, REGULARLY SCHEDULED LAND USE MEETING OF 
THE HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS.
WOULD EVERYONE PLEASE RISE FOR THE PLEDGE AND INVOCATION 
GIVEN BY OUR CHAPLAIN, COMMISSIONER AL HIGGINBOTHAM.
[PLEDGE OF ALLEGIANCE]
IT WAS ON THIS DAY IN 1969, AS MANY OF US RECALL, IT WAS 
AMERICA, NEIL ARMSTRONG, THE FIRST TO WALK ON THE MOON.
FATHER, WE THANK YOU FOR THE INNOVATION AND THE PIONEERING 
SPIRIT AND THE BRAVERY OF THOSE WHO'VE COME BEFORE US, AND 
WE ASK THAT YOU HELP US TO UPHOLD OUR GRAND AND VALUED 
HISTORY.
HELP US TO CONDUCT OURSELVES IN A MANNER WHICH IS HONORABLE 
AND RESPECTFUL.
AMEN.
>>KEN HAGAN:  THANK YOU, COMMISSIONER HIGGINBOTHAM.
MS. HARVEY, WOULD YOU LIKE TO REVIEW CHANGES TO THE AGENDA.
>>PAULA HARVEY:  I WILL.
GOOD MORNING, COMMISSIONERS.
I'M PAULA HARVEY WITH PLANNING AND GROWTH MANAGEMENT.
I NEED TO NOTE FOR THE RECORD A MODIFICATION ON PAGE 1 OF 
THE AGENDA, ITEM B-1, WHICH IS THE HISTORIC PRESERVATION 
TAX EXEMPTION FOR 1001 WEST BAKER STREET IN PLANT CITY.
THE MODIFICATION IS TO NOTE THAT THE ESTIMATED FISCAL YEAR 
'11 LOSS OF AD VALOREM TAX REVENUE WILL BE APPROXIMATELY 
$1,044.
OTHERWISE THE ITEM IS RECOMMENDED FOR APPROVAL ON CONSENT.
ALSO, FOR THIS AFTERNOON'S AGENDA, IF YOU'LL NOTE THAT THE 
APPLICANT'S REPRESENTATIVE FOR ITEMS F-4, F-5, AND F-6 HAVE 
REQUESTED THAT THOSE THREE ITEMS BE HEARD IMMEDIATELY 
FOLLOWING THE REVIEW OF ITEM F-1 ON THE AGENDA, AND WE'LL 
NOTE THAT AGAIN AT OUR 1:30 MEETING TIME.
THOSE ARE THE ONLY CHANGES TO THE AGENDA.
>>KEN HAGAN:  CAN WE HAVE A MOTION TO APPROVE THE CHANGES.
>>KEVIN BECKNER:  [INAUDIBLE]
>>KEVIN WHITE:  [INAUDIBLE]
>>KEN HAGAN:  MOTION COMMISSIONER BECKNER, SECOND 
COMMISSIONER WHITE.
PLEASE RECORD YOUR VOTE.
>>RECORDING SECRETARY:  MOTION CARRIED 6-0.
>>KEN HAGAN:  CAN WE HAVE A MOTION TO APPROVE THE CONSENT 
AGENDA.
>>KEVIN BECKNER:  [INAUDIBLE]
>>KEVIN WHITE:  [INAUDIBLE]
>>KEN HAGAN:  MOTION COMMISSIONER BECKNER, SECOND 
COMMISSIONER WHITE.
PLEASE RECORD YOUR VOTE.
>>RECORDING SECRETARY:  WOULD YOU PLEASE RE-RECORD YOUR 
VOTES.
MOTION CARRIED 6-0.
>>KEN HAGAN:  OKAY.
IF ANYONE'S HERE FOR A "B" ITEM, YOUR APPLICATION'S BEEN 
APPROVED.
AT THIS TIME ANYONE WHO INTENDS TO PRESENT TESTIMONY, 
EVIDENCE, OR TO OTHERWISE BE HEARD ON ANY MATTER SCHEDULED 
FOR CONSIDERATION AT TODAY'S MEETING, WOULD YOU PLEASE 
STAND, RAISE YOUR RIGHT HAND SO THE CLERK MAY SWEAR YOU IN.
[PARTICIPANTS SWORN IN]
MS. HARVEY, YOU WANT TO INTRODUCE THE FIRST ITEM.
>>PAULA HARVEY:  YES, COMMISSIONERS.
ON PAGE 4 OF THE AGENDA, ITEM D-1, MAJOR MODIFICATION 10-
295, THIS IS A REQUEST TO MODIFY ZONING PETITION 95-224 ON 
A TWO-AND-ONE-QUARTER-ACRE PARCEL LOCATED AT THE SOUTHEAST 
CORNER OF EAST 132nd AVENUE AND NORTH 28th STREET.
THE APPLICANT PROPOSES TO CONSTRUCT A 180-ROOM HOTEL.
STAFF HAS RECOMMENDED APPROVAL, SUBJECT TO CONDITIONS, 
PLANNING COMMISSION FOUND THIS REQUEST CONSISTENT WITH THE 
COMPREHENSIVE PLAN, AND THE ZONING HEARING MASTER HAS 
RECOMMENDED APPROVAL.
ORAL ARGUMENT HAS BEEN FILED.
>>KEN HAGAN:  CAN WE HAVE A MOTION TO OPEN FOR ORAL 
ARGUMENT.
>>MARK SHARPE:  SO MOVE.
>>JIM NORMAN:  SECOND.
>>KEN HAGAN:  MOTION COMMISSIONER SHARPE, SECOND 
COMMISSIONER NORMAN.
PLEASE RECORD YOUR VOTE.
>> GOOD MORNING.
I'M JUDY JAMES, 325 SOUTH BOULEVARD.
WE ORIGINALLY FILED --
>>RECORDING SECRETARY:  MOTION CARRIED 6-0.
>> -- WE FILED ORAL ARGUMENT REGARDING ONE OF THE 
CONDITIONS.
YESTERDAY THE STAFF AND I DID WORK OUT A SOLUTION.
HOWEVER, MY CLIENT IS OUT OF THE COUNTRY, AND I HAVEN'T HAD 
A CHANCE TO DISCUSS IT WITH HIM, SO I'M ASKING FOR A 
CONTINUANCE UNTIL YOUR NEXT HEARING IN AUGUST.
THANK YOU.
>>MARK SHARPE:  SO MOVE.
>>PAULA HARVEY:  THAT'S AUGUST 10th.
>>KEN HAGAN:  MR. GORMLY, ARE YOU OKAY WITH -- COMFORTABLE 
WITH THAT?
>>ADAM GORMLY:  YES, THAT'S FINE.
THIS IS THE ONLY -- THIS IS THE ONLY PARTY WHO'S FILED ORAL 
ARGUMENT.
THIS IS THE ONLY ISSUE REGARDING THIS APPLICATION.
>>KEN HAGAN:  OKAY.
SO THERE'S A MOTION TO CONTINUE IT TO AUGUST 2nd?
>>PAULA HARVEY:  10th.
>>KEN HAGAN:  AUGUST 10th.
MOTION BY COMMISSIONER SHARPE.
>>KEVIN BECKNER:  SECOND.
>>KEN HAGAN:  SECOND COMMISSIONER BECKNER.
PLEASE RECORD YOUR VOTE.
>>RECORDING SECRETARY:  MOTION CARRIED 6-0.
>> THANK YOU.
>>KEN HAGAN:  THANK YOU, MS. JAMES.
>>PAULA HARVEY:  ITEM D-2 ON YOUR AGENDA, REZONING PETITION 
10-398, IS A REQUEST TO REZONE 53 ACRES OF THE UNIVERSITY 
SQUARE MALL PROJECT FROM CG AND PLANNED DEVELOPMENT TO A 
NEW PLANNED DEVELOPMENT.
THIS PROPERTY'S LOCATED ON THE NORTH SIDE OF FOWLER AVENUE, 
WEST OF BRUCE B. DOWNS.
STAFF IS RECOMMENDING APPROVAL, SUBJECT TO CONDITIONS. 
PLANNING COMMISSION FOUND IT CONSISTENT WITH THE 
COMPREHENSIVE PLAN.
THE ZONING HEARING MASTER HAS RECOMMENDED APPROVAL.
THERE WAS SOME OPPOSITION AT THE PUBLIC HEARING FROM THE 
REPRESENTATIVE REPRESENTING SEARS, WHICH IS A PARCEL NOT 
INCLUDED WITHIN THE PROPOSED PD.
ORAL ARGUMENT HAS BEEN FILED.
>>KEN HAGAN:  CAN WE HAVE A MOTION TO OPEN.
>>MARK SHARPE:  MOVE TO OPEN.
>>KEVIN BECKNER:  [INAUDIBLE]
>>KEN HAGAN:  MOTION COMMISSIONER SHARPE, SECOND 
COMMISSIONER BECKNER.
PLEASE RECORD YOUR VOTE.
>>RECORDING SECRETARY:  MOTION CARRIED 7-0.
>>KEN HAGAN:  IS THE APPLICANT HERE FOR D-2?
GOOD MORNING.
>> GOOD MORNING, COMMISSIONERS.
FOR THE RECORD, SUE MURPHY, P & M CONSULTING, 501 WEST 
EUCLID AVENUE.
I AM NOT THE ONE WHO FILED THE ORAL ARGUMENT, THE 
REPRESENTATIVE FOR SEARS DID.
I WOULD JUST LIKE TO HAVE A CHANCE TO RESPOND TO HIS 
COMMENTS, IF I MIGHT.
>>KEN HAGAN:  MR. GORMLY, IS THAT APPROPRIATE?
>>ADAM GORMLY:  YES, THAT'S APPROPRIATE.
SHE'S REPRESENTING THE APPLICANT, SO IT'S THE PRACTICE TO 
ALLOW THE APPLICANT TO ADDRESS OPPOSITION TESTIMONY.
>>KEN HAGAN:  OKAY.
MR. DIAZ, WOULD YOU PLEASE COME FORWARD.
GOOD MORNING, SIR.
>> GOOD MORNING.
ANDREW DIAZ 5001 WEST CYPRESS STREET, TAMPA, FLORIDA 33607, 
ON BEHALF OF SEARS HOLDING COMPANY.
SEARS IS THE FEE SIMPLE OWNER OF THE BUILDING AT THE 
UNIVERSITY SQUARE MALL WHERE SEARS IS HOUSED.
IN ADDITION, SEARS ALSO IS A FEE SIMPLE OWNER AS PART OF 
THEIR OWNERSHIP OF THE PARKING FIELD IN THE AREA 
SURROUNDING THE SEARS STORE.
IN ADDITION, SEARS HAS AN OWNERSHIP INTEREST IN THE SENSE 
THAT THEY ARE MEMBERS AND PARTIES TO RECIPROCAL EASEMENT 
AGREEMENTS AND OPERATING AGREEMENTS BETWEEN NOT ONLY THE 
APPLICANT TODAY BUT ALSO THEY'RE PARTY TO THESE RECIPROCAL 
AGREEMENTS WITH ALL THE OTHER OWNERS OR INTERESTED PARTIES 
IN THE SHOPPING CENTER.
FOR EXAMPLE, THERE ARE OTHER ANCHORS THERE, OTHER 
OPERATORS, OTHER STORE OWNERS WHICH ARE PARTIES TO THESE 
AGREEMENTS.
SEARS CANNOT SUPPORT THIS ZONING APPLICATION DUE TO THE 
FACT THAT IT IS -- IT LACKS SUFFICIENT DETAIL AND IS VAGUE 
IN THE SENSE THAT SEARS CANNOT DETERMINE WHETHER THERE ARE 
ANY IMPACTS AS -- THE USES THAT ARE ANTICIPATED ON THE 
PROPERTY HAVE A NEGATIVE IMPACT ON THEM OR NOT.
FOR EXAMPLE, WHEN YOU LOOK AT THE APPLICATION, THE BROAD 
USES THAT ARE IN THERE, SEARS CANNOT DETERMINE WHETHER, FOR 
EXAMPLE, IF THEY'RE GOING TO GO WITH MULTIFAMILY USES.
IT SEEMS THAT THAT WOULD HAVE A NEGATIVE IMPACT ON A 
REGIONAL MALL.
IN ADDITION -- OR, YOU KNOW, CONVERSELY, IF THERE'S DETAIL 
SHOWING ADDITIONAL RETAIL USES OR OTHER USES THAT ARE MORE 
COMPATIBLE WITH A REGIONAL MALL, THAT'S SOMETHING THAT 
SEARS, IF PRESENTED WITH, PROBABLY WOULD SUPPORT, SO THE 
PROBLEM WITH THE APPLICATION, THE AMBIGUITY COMES IN IS IT 
REALLY LACKS DETAIL AND IS VAGUE TO THE POINT THAT SEARS AS 
AN OWNER CANNOT MAKE A DETERMINATION AT THIS TIME WITH WHAT 
HAS BEEN APPLIED FOR AS TO WHETHER IT NEGATES OR HAS A 
NEGATIVE IMPACT ON THEIR CURRENT OPERATIONS AND CURRENT 
RIGHTS NOT ONLY AS A NEIGHBOR BUT ALSO AS A PARTY TO THE 
AGREEMENTS THAT ARE IN PLACE AT THIS TIME.
SO BECAUSE OF THE AMBIGUITIES, THE VAGUENESS, SEARS AT THIS 
TIME CANNOT SUPPORT AND BELIEVES THAT -- THAT IT WOULD HAVE 
A NEGATIVE IMPACT ON THEM UNTIL MORE SPECIFICITY IS SHOWN 
IN THE APPLICATION AND AT THIS TIME, AS I MENTIONED, CANNOT 
SUPPORT WHAT IS BEING APPLIED FOR AT THIS TIME.
>>KEN HAGAN:  THANK YOU, SIR, FOR YOUR COMMENTS.
>> THANK YOU.
>>KEN HAGAN:  MS. MURPHY.
>> THANK YOU.
ONCE AGAIN, FOR THE RECORD, SUE MURPHY.
WE HAVE BASICALLY A CATCH 22 HERE.
WE HAVE MADE -- WHAT'S GOING ON IS THE OWNERS OF THE 
MAJORITY OF THE MALL, THE PIECES THAT ARE IN THE PD, WOULD 
LIKE TO TRY TO ENHANCE THE ACTIVITY IN THE MALL, MAKE IT 
MORE VITAL, MAKE IT MORE VIABLE, MAKE IT MORE OF A PART OF 
THAT COMMUNITY.
THEY ARE VERY ACTIVE WORKING ON THE 22nd AVENUE NORTH 
ACTIVITIES AND IMPROVEMENTS.
THEY'VE BEEN COOPERATING, WORKING ON THE TASK FORCES, 
GIVING UP EASEMENTS AND LAND AND THINGS TO MAKE THAT 
HAPPEN.
THEY'RE ALSO WORKING WITH THE TRANSIT ALONG FOWLER, SO 
THEY'VE BEEN VERY ACTIVE.
THEY'RE TRYING TO MAKE THIS MORE VITALIZED.
IF YOU'VE BEEN UP TO THE MALL RECENTLY, IT'S HURTING, AND 
WE'RE TRYING TO MAKE IT NOT HURT.
THERE'S NO INTENTION OF TAKING THE MALL APART.
WHAT THE INTENTION IS, TO GET A FLEXIBLE PD IN BECAUSE THIS 
IS A MIXED USE-20, YOUR MOST INTENSE LAND USE CATEGORY IN 
ONE OF YOUR MOST INTENSELY DEVELOPED AREAS WITH THE 
UNIVERSITY AND THE HOSPITALS AND EVERYTHING, TO TRY TO 
INTEGRATE ALL OF THIS, TO PROVIDE OPPORTUNITIES -- IF 
SOMETHING COMES UP, UNIVERSITY, THE START -- THE VA NEEDED 
A FACILITY.
WHEN SOME THINGS COME UP THAT MAKE SENSE THAT CAN BE PUT ON 
THE MALL PROPERTY, NOT INSIDE THE MALL BUT ON THE MALL 
PROPERTY, THAT MAKE SENSE AND ENHANCE THE WHOLE AREA AND 
EVERYBODY IS GETTING BETTER INTERNAL CAPTURE -- YOU HAVE 
PEOPLE LIVING OR -- NEAR OR BY THE MALL SITE COMING ON AND 
OFF BY FOOT, WE RUN TRANSIT TO THE VA AND TO THE UNIVERSITY 
RIGHT NOW AT OUR COST TO SERVICE THAT, SO WE NEED TO HAVE 
THIS VAGUE SO WE CAN RESPOND TO THINGS AS THEY COME UP.
WE KNOW WE HAVE REAs.
WE ABSOLUTELY KNOW AND HAVE PUT IN THE RECORD BEFORE AT THE 
ZONING MASTER WE HAVE GOT TO BE CONSISTENT WITH THE REAs, 
BUT THE PROBLEM IS WE CAN'T GO AMEND THE REAs UNTIL WE KNOW 
WHAT WE WANT TO BUILD, AND WE DON'T KNOW WHAT WE WANT TO 
BUILD UNTIL WE HAVE THE RIGHT TO BUILD IT, SO IT'S REALLY A 
CATCH 22.
WHAT WE NEED TO DO IS GET THE ZONING, GET A PROJECT PLANNED 
SO WE CAN SHOW WHERE IT'S GOING TO BE, WHAT IT'S GOING TO 
LOOK LIKE, AND THEN TAKE IT TO SEARS AND ALL THE OTHER 
OWNERS AND GET THE REAs MODIFIED TO ALLOW THAT USE.
THAT'S THE WAY WE WANT TO PROCEED, THAT'S THE WAY WE WILL 
PROCEED, BUT TO DO IT THE OTHER WAY AROUND REALLY DOESN'T 
MAKE SENSE FOR THE DEVELOPER OR THE COUNTY BECAUSE WE WOULD 
HAVE TO GO FIND A DEVELOPER WHO WANTED TO BUILD SOMETHING, 
SAY WAIT TWO YEARS WHILE I GO BACK AND SPEND A YEAR 
MODIFYING THE REAs AND THEN SPEND EIGHT MONTHS ZONING IT.
YOU KNOW, STICK AROUND, SEE WHAT HAPPENS.
WE'VE GOT TO DO IT THE OTHER WAY.
SO ANYWAY, THAT'S THE ONLY REASON WHY WE HAVE -- WE'RE AT A 
DIFFERENCE OF OPINION WITH SEARS.
IT'S JUST A TIMING ISSUE.
SEARS WILL SEE ANYTHING WE WANT TO BUILD AND HAVE TO 
APPROVE IT BEFORE WE BUILD IT.
IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM.
>>KEN HAGAN:  THANK YOU.
PLANNING COMMISSION.
>>MELISSA ZORNITTA:  THANK YOU.
THIS SITE HAS FUTURE LAND USE DESIGNATIONS OF URBAN MIXED 
USE-20 AND RESIDENTIAL-20.
IT'S IN THE URBAN SERVICE AREA AND IN THE UNIVERSITY ARE 
COMMUNITY PLAN AREA.
THE RANGE OF USES THAT IS BEING PROPOSED IS CONSISTENT WITH 
THE LAND USE CATEGORIES.
IT'S ONE OF OUR MOST INTENSIVE LAND USE CATEGORIES AND AN 
INTENSIVE AREA WHERE WE HAVE A LOT OF FOCUS FOR 
REDEVELOPMENT.
THE PROPOSED RANGE OF USES WOULD ALLOW THEM TO POTENTIALLY 
TAKE ADVANTAGE OF SOME INCENTIVES IN THE COMPREHENSIVE PLAN 
FOR A GREATER MIX OF USES, AND BASED ON ALL OF THIS, THE 
PLANNING COMMISSION STAFF FOUND THE PROPOSED REZONING 
CONSISTENT WITH THE COMPREHENSIVE PLAN.
THANK YOU.
>>KEN HAGAN:  HEARING MASTER.
>>ADAM GORMLY:  THE HEARING MASTER FOUND THAT THE EXISTING 
MALL SITE IS RECOGNIZED AS A REGIONAL ACTIVITY IN CENTRAL 
HILLSBOROUGH COUNTY AND THAT IT IS ALSO SERVED BY ARTERIAL 
AND COLLECTOR ROADWAYS, MASS TRANSIT, AND HAS A HARTLINE 
TRANSFER CENTER.
HE FOUND THAT PROVIDING FOR FLEXIBILITY TO THE MALL 
OWNERSHIP WILL ENHANCE THE POSSIBILITY FOR THE LONG-TERM 
SUCCESS OF THIS REGIONAL ATTRACTION AND DID RECOGNIZE THAT 
THERE ARE FOUR PARCELS THAT ARE OWNED BY ANCHOR DEPARTMENT 
STORES, INCLUDING SEARS, THAT OWN THEIR OWN BUILDINGS AND 
WERE NOT PART OF THIS REZONING.
HE DID ALSO RECOGNIZE THAT AS IS CUSTOMARY FOR REGIONAL 
MALLS, THERE ARE PRIVATE RECIPROCAL EASEMENT AGREEMENTS 
REGARDING MATTERS SUCH AS PARKING, STORMWATER, UTILITIES, 
AND OTHER RELATED OPERATIONAL MATTERS AND THAT THOSE 
AGREEMENTS WERE NOT WITHIN THE COUNTY'S PURVIEW FOR 
ENFORCEMENT BUT ALSO -- BUT HE DID FIND THAT ANY 
REDEVELOPMENT ACTIVITY AT THE MALL COULD BE ADDRESSED BY 
THE COUNTY STAFF THROUGH THE SITE DEVELOPMENT PROCESS TO 
ENSURE NO ADVERSE IMPACTS TO ADJACENT PROPERTY OWNERS.
HE ALSO DID SUPPORT THE REDUCTION IN OPEN SPACE FROM 20% TO 
10% IN THE EVENT THAT THERE ARE THREE USES ON THE SITE AND 
FOUND THAT THE PD WOULD BE COMPATIBLE WITH THE SURROUNDING 
LAND USES AND CONSISTENT WITH THE EXISTING ZONING PATTERN 
IN THE AREA AND RECOMMENDED APPROVAL.
>>KEN HAGAN:  THANK YOU.
COMMISSIONER NORMAN.
>>JIM NORMAN:  I GUESS TO SUE, CAN I ASK YOU A QUESTION?
AND BOARD MEMBERS, THIS GOES BACK TO A LITTLE HISTORY, AND 
I JUST -- HE MENTIONED NO -- NO ADJACENT IMPACT TO 
NEIGHBORING --
>> RIGHT.
>>JIM NORMAN:  I REMEMBER THE DAYS WHERE HARTLINE WAS GOING 
TO --
>> RIGHT.
>>JIM NORMAN:  -- PUT A TRANSFER STATION LITERALLY A 
HUNDRED FEET OR -- OR JUST A FEW FEET AWAY FROM A SENIOR -- 
GIANT SENIOR LIVING FACILITIES THAT WOULD HAVE STAYED OPEN 
TILL 4:00 A.M. IN THE MORNING.
THEIR BUSES WOULD HAVE RUN UNTIL 4:00 A.M. IN THE MORNING.
I JUST NEED TO -- YOU TO SAY ON THE RECORD THAT THERE WILL 
BE -- WHATEVER YOU DO ON THAT SITE WILL BE -- THERE WILL BE 
DISTANCE, THERE WILL BE BUFFERING, WHATEVER, AND -- AND 
THEY ARE ONBOARD AND HAVE BEEN CONTACTED.
>> YES, THEY HAVE BEEN CONTACTED.
THEY ARE IN SUPPORT.
THEY HAVE HAD NO OBJECTIONS.
LET'S PUT IT THIS WAY.
THEY HAVEN'T GIVEN ME LETTERS IN SUPPORT, BUT THEY'VE HAD 
NO OBJECTIONS AND THEY HAVE NOT ATTENDED OR PARTICIPATED IN 
THIS ONCE THEY WERE AWARE OF WHAT IT WAS.
I ALSO SPOKE TO ANOTHER HOMEOWNER ASSOCIATION WHO FELT THE 
SAME WAY.
>>JIM NORMAN:  OKAY.
BECAUSE, YOU KNOW, THAT WOULD HAVE DESTROYED THE LIVES OF 
LITERALLY HUNDREDS OF SENIOR CITIZENS BEFORE, AND I'VE JUST 
GOT TO MAKE SURE THAT --
>> NO.
I KNOW.
THIS IS NOT --
>>JIM NORMAN:  -- WHATEVER IS ANTICIPATED ISN'T GOING TO 
IMPACT THEIR LIVES.
YOU'RE TALKING ABOUT OUTSIDE, YOU'RE TALKING ABOUT -- OKAY.
>> THIS IS NOT -- IN FACT, WE MET WITH HART ABOUT, YOU 
KNOW, LEAVING THE FACILITIES THE WAY THEY ARE FOR NOW AND 
THEN ONLY MOVING THEM IF WE ALL MUTUALLY AGREE WE HAVE TO 
MOVE THEM BECAUSE OF A CONSTRUCTION ISSUE, BUT, I MEAN, 
EVERYBODY'S HAPPY WITH THINGS THE WAY THEY ARE.
>>JIM NORMAN:  OKAY.
AND THAT WASN'T YOU.
I KNOW IT WAS HART.
>> I KNOW IT WAS.
I HAD -- BUT I HAPPENED TO BE SITTING HERE THAT DAY.
I REMEMBER THAT.
>>JIM NORMAN:  THANK YOU.
>>KEN HAGAN:  COMMISSIONER SHARPE.
>>MARK SHARPE:  UNDER THIS APPLICATION, WHAT -- HOW DOES 
SEARS -- I KNOW THAT THEY'VE GOT SOME CONCERNS.
HOW DO YOU -- HOW DO YOU ADDRESS THEIR CONCERNS?
I KNOW THAT MR. DIAZ WAS TALKING ABOUT, YOU KNOW, LOOKING 
FOR A CONTINUANCE FOR FURTHER REVIEW, BUT HOW ARE YOU GOING 
TO COMMUNICATE WITH SEARS AND WORK WITH THEM TO MAKE SURE 
THEY'RE PART OF THIS PROCESS BECAUSE OBVIOUSLY WHATEVER YOU 
ULTIMATELY DO WILL HAVE TO INCLUDE THEM IN SOME WAY.
>> SURE.
RIGHT.
WELL, I MEAN, WHAT WE WOULD INTEND TO DO IS TO -- ONCE -- 
WE DON'T HAVE A SET PLAN TODAY, WHICH IS --
>>MARK SHARPE:  RIGHT.
>> THE ISSUE IS WE CAN'T GO IN AND SHOW THEM A FOOTPRINT 
AND SAY THIS IS GOING TO BE A TEN-STORY THIS OR THAT.
WHEN WE DO GET TO THE POINT WHERE WE WANT TO PUT SOMETHING 
REAL IN, WE WILL GO TO SEARS AS WELL AS ALL THE OTHER 
OWNERS AND SAY THIS IS WHAT WE'D LIKE TO DO, YOU KNOW, AND 
HERE'S HOW WE'D LIKE TO MODIFY THE REAs TO ALLOW IT AND 
NEGOTIATE IT WITH THEM AT THE TIME, AND WE CAN'T GO FORWARD 
UNTIL THAT NEGOTIATION IS DONE TO EVERYONE'S SATISFACTION 
WHO'S AN OWNER.
IF IT'S NOT CONSISTENT WITH THE CURRENT REAs, IT'S GOT TO 
BE MADE CONSISTENT WITH THE REAs BEFORE WE CAN BUILD.
>>MARK SHARPE:  WELL, IT'S LONG BEEN MY CONCERN THAT THAT 
AREA IS A -- IT'S A BEAUTIFUL PARCEL IN AN UNDERPERFORMING 
AREA WITH TREMENDOUS OPPORTUNITY, AND -- AND MR. DIAZ, YOU 
KNOW, I CAN UNDERSTAND THE CONCERN THAT SEARS HAS.
I WOULD JUST -- I WOULD THINK THAT THEY CAN'T BE HAPPY WITH 
THE CONDITION AS IT IS TODAY, AND I'M HOPEFUL THAT 
SOMETHING HAPPENS HERE GOOD, SO I'M --
>> IT SHOULD BENEFIT SEARS, BY THE WAY.
ANY CHANGES WE MADE WOULD BE TO THEIR BENEFIT, WE BELIEVE.
>>MARK SHARPE:  IT WOULD BENEFIT THE WHOLE AREA.
YEAH.
>>MARK SHARPE:  I'LL MOVE THE APPLICATION.
>>ROSE FERLITA:  SECOND.
>>KEN HAGAN:  WE'VE GOT A MOTION TO APPROVE BY COMMISSIONER 
SHARPE, SECOND COMMISSIONER FERLITA.
NO OTHER COMMENTS --
>>MARK SHARPE:  CAN WE MAKE SURE, THOUGH, I MEAN, WITH 
REGARD TO MR. DIAZ AND TO SEARS, THEY NEED TO BE INVOLVED 
IN THE PROCESS AS YOU MOVE FORWARD.
>> WE'VE BEEN VERY INVOLVED WITH THEM.
>>MARK SHARPE:  BECAUSE I'M VERY CONCERNED THAT THEY DON'T 
FEEL THAT THEY'RE SOMEHOW BEING PUSHED ASIDE.
>> WE HAVE -- I'VE MET WITH MR. DIAZ SEVERAL TIMES, I'VE 
HAD CONFERENCE CALLS WITH SEARS AND EVERYONE, SHARED 
EVERYTHING WITH THEM.
THEY KNOW WHAT WE'RE DOING, THEY'RE JUST NOT COMFORTABLE 
WITH THE LACK OF SPECIFICITY.
>>MARK SHARPE:  RIGHT.
>>KEN HAGAN:  OKAY.
IF THERE ARE NO OTHER COMMENTS, PLEASE RECORD YOUR VOTE.
>>RECORDING SECRETARY:  MOTION CARRIED 7-0.
>> THANK YOU, COMMISSIONERS.
>>KEN HAGAN:  THANK YOU.
ANY OTHER ITEMS THIS MORNING, MS. HARVEY?
>>PAULA HARVEY:  NO, SIR.
WE'RE COMPLETED UNTIL THE AFTERNOON.
>>KEN HAGAN:  IF NOT, WE'RE ADJOURNED.
WE'LL RECONVENE AT 1:30.
THANK YOU.


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