HomeMy WebLinkAboutPacket 03-20-2012 Add'l Items (6) M ot:co:A-Vs
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5 COMMUNITY APPEARANCE BOARD MEETING
6 February 28, 2012
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In Re: Request No. 12 -01
11 Beachwave Complex
8801 Astronaut Boulevard
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14 Co p
15 THE TRANSCRIPT OF THE COMMUNITY APPEARANCE BOARD
16 MEETING held in the above - styled case at the
17 Cape Canaveral Public Library, 201 Polk Avenue, Cape
18 Canaveral, Brevard County, Florida, on the 28th day
19 of February, 2012 at 6:00 p.m.
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24 FLORIDA REPORTING SPECIALISTS, INC.
25 (321) 632 -2127
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411 1 APPEARANCES:
2 COMMUNITY APPEARANCE BOARD MEMBERS:
3 R. Wasserman, Chairperson
4 J. Kelley, Vice - Chairperson
5 W. Bowman
6 R. Wolf
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ALSO PRESENT:
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Barry Brown, Planning and Development Director
9 Kendell Keith, Planning Design Group
Dave Menzel, MAI Architects
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11 Attorney for Applicant: KIMBERLY BONDER REZANKA, ESQ.
Dean Mead
12 8240 Devereux Drive
Suite 100
13 Melbourne, Florida 32940
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Attorney for the City: KATHERINE WALKER LATORRE, ESQ.
15 Brown, Garganese, Weiss
& D'agresta, P.A.
16 111 N. Orange Avenue
Suite 2000
17 Orlando, Florida 32802
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411 1 THEREUPON,
2 MR. WASSERMAN: Let's swear in anyone that
3 plans and speak on behalf of the Application. If
4 you plan to do so, please stand and raise your right
5 hands.
6 MS. LATORRE: If you plan on testifying
7 tonight, please stand and raise your right hand.
8 (Thereupon, the persons that stood were duly
9 sworn by the Clerk.)
10 MR. WASSERMAN: Thank you all.
11 * * * * *
12 MR. WASSERMAN: Next up we have Request Number
13 12 - 01 for a Beachwave Complex, 8801 Astronaut
14 Boulevard.
15 I would like to give the Staff consultants an
16 opportunity to discuss this.
17 Thank you, sir. Please state your name for the
18 record.
19 MR. BROWN: Barry Brown, Planning and
20 Development Director.
21 MR. WASSERMAN: Thank you.
22 MR. BROWN: Thank you, Mr. Chair. I placed a
23 handout at your seats.
24 At the top of it it reads, Article III,
411 25 Community Appearance Review. This is the section of
4
(ow 1 the Code by which this Board does its duty.
2 I wanted to call your attention to section
3 22 -42 (c) that's on the third page.
4 It says conduct of hearing; approval or denial.
5 As a matter of review -- the last sentence of
6 that paragraph says, the Community Appearance Board
7 may approve, approve with conditions, or disapprove
8 the application only after consideration of whether
9 the following criteria are complied with.
10 There is a list of six criteria. I'm not going
11 to read all of those, but I would bring your
12 attention to paren one.
C of 13 The plans and specifications of the proposed
14 project indicate that the setting, landscaping,
15 ground cover, proportions, materials, colors,
16 texture, scale, unity, balance, rhythm, contrast and
17 simplicity are coordinated in a harmonious manner
18 relevant to the particular proposal, surrounding
19 area, and cultural character of the community.
20 And then, as we look at paren number four, the
21 plans for the proposed building or structure are in
22 harmony with the established character of other
23 buildings or structures in the surrounding area with
24 respect to architectural specifications and design
(1600 25 features deemed significant based upon commonly
5
111 1 accepted architectural principals of the local
2 community.
3 Tonight we are evaluating, reviewing, and
4 making recommendation on the elevations in your
5 packet, this being part of them, based on the
6 current Code, currently adopted Code, section 22 -42.
7 And the elevations of the viewing are projected
8 on the screen.
9 Now, if you will look at my memo, there is one
10 error in the memo I want to call to your attention.
11 The last two paragraphs should have been
12 deleted. You probably recognize that language from
4C: 13 our last meeting.
14 In drafting the memo, I failed to delete those
15 two paragraphs from the previous meeting. So they
16 do not apply.
17 MR. BOWMAN: What is the memorandum?
18 MR. BROWN: My memo to you.
19 MS. WOLF: Okay. It's a memorandum?
20 MR. BROWN: It's dated February 23rd in the
21 packet.
22 You may want to find that memo. We're going to
23 read through that.
24 MS. WOLF: It's this one.
411 25 MR. BROWN: Everybody have the memo?
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411 1 MS. WOLF: Yes.
2 MR. BROWN: Okay. THE first item on the agenda
3 is an application for Community Appearance Board
4 review of a retail building to be constructed on the
5 Jungle Village /Traxx property at the corner of AlA
6 and Central Boulevard.
7 The proposed building is a single story
8 structure comprised of four units. The primary
9 tenant is a Beachwave beachwear outlet. Beachwave
10 stores sell souvenirs, beach apparel, et cetera.
11 Other Beachwave stores are located in Cocoa Beach.
12 The building is twenty -six feet high at the
II) 13 parapet and thirty -five and a half feet high at the
14 top of the roof.
15 Staff has identified the following deficiencies
16 with the architectural design:
17 Number one, the building is disproportionally
18 tall for a single story retail space.
19 Number two, too much of the wall area is window
20 and therefore too much glass.
21 Number three, there is a lack of architectural
22 design creating a rather bland, monolithic
23 appearance that is not human scale.
24 And number four, the north, south, and west
4C) 25 elevations lack sufficient architectural treatment.
7
1 The deficiencies identified can be remedied by
2 lowering the building height and /or designing the
3 building to have the appearance of a two story
4 structure.
5 The window area and the glass area can be
6 reduced and window treatments added.
7 It is obvious the building is designed to
8 maximize window area and therefore window signage,
9 while sacrificing appropriate architectural design.
10 This is a prime example of why we need to adopt
11 architectural design standards.
12 Now, at this time I'd like to call, as an
C ry 13 expert witness, our consultants from Planning Design
14 Group, Kendell Keith and Andre Anderson and they are
15 going to give you their evaluation of the
16 elevations.
17 MS. LATORRE: Can you please state your name
18 and address for the record and inform the Board of
19 your qualifications as an expert witness.
20 MR. KEITH: Sure. My name is Kendell Keith
21 with Planning Design Group. We are located at 930
22 Woodcock Road, Orlando, Florida, 32803.
23 I am a Landscape Architect and Planner. I have
24 a Bachelor's degree in Landscape Architecture, a
4 111) 25 Masters degree in Urban Planning.
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• 1 I've been a practicing Planner and Landscape
2 Architect for approximately twenty -four years,
3 twenty of which, the last twenty of which has been
4 in the State of Florida.
5 I have been in private consulting practice
6 since 1999 working for both development interest and
7 the government. And prior to that was the Chief of
8 Urban Design Planning for Orange County, Florida.
9 MR. WASSERMAN: Thank you, Mr. Keith.
10 I'll hear -- I'll entertain a motion at this
11 time to qualify Mr. Keith as an expert witness.
12 MS. KELLEY: I so move.
13 MS. WOLF: I second.
14 MR. WASSERMAN: Okay. There has been a motion
15 and a second to qualify Mr. Kendell Keith as an
16 expert witness.
17 Any questions, comments from the audience?
18 (Thereupon, there was no verbal response.)
19 MR. WASSERMAN: Any additional questions,
20 comments from the Board members?
21 (Thereupon, there was no verbal response.)
22 MR. WASSERMAN: All in favor of the motion, say
23 aye.
24 MR. BOWMAN: Aye.
25 MS. WOLF: Aye.
9
1 MR. WASSERMAN: Aye.
2 MS. KELLEY: Aye.
3 MR. WASSERMAN: Any opposed?
4 (Thereupon, there was no verbal response.)
5 MR. WASSERMAN: Thank you. Mr. Keith?
6 MR. KEITH: I don't really have a formal
7 presentation as much as I have some images here to
8 sort of talk and discuss this from.
9 We have, you know, prior to being hired by the
10 City, we had done some work in Cape Canaveral for a
11 property nearby.
12 And in part of that work we had to familiarize
13 ourselves with the Envision Cape Canaveral project
14 that the City had embarked on a few years earlier.
15 And so we are now under contract with the City.
16 And Barry asked us to take a look at this specific
17 submittal and address, talk, discuss our concerns
18 with the proposal.
19 We did have one meeting with the Architect,
20 which we discussed some of those concerns.
21 Barry had mentioned in his presentation one of
22 those, and that was just the sort of the size of the
23 building -- of the glass that's on the buildings.
24 And we're not suggesting that glass is a bad thing.
4:w 25 In fact, you know, this is an area where you have
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411 1 people walking up and down A1A staying in those
2 hotels. So, you want glass in the building.
3 But in this particular style of building, you
4 know, the glass that you are looking at is about
5 eighteen feet high. And it seemed out of proportion
6 with the rest of the building.
7 Now in your directions it talks about
8 harmonious, or being harmonious with the character
9 of the community and surrounding developments.
10 In this particular case it's, you have to
11 really kind of work at that because this is really
12 the first, a new proposal right on A1A in awhile of
I Cre 13 commercial retail development outside of the hotels
14 that have been built in the area.
15 So we had to go back again to the Envision Cape
16 Canaveral to get a sense of what the City has said
17 they want to see in this area.
18 So these are the elevations. The bottom one is
19 the front elevation that you would see from the
20 highway. On to the top is what would be as you are
21 looking at the building; so, the right -hand side or
22 the north elevation.
23 One of the concerns that we discussed with the
24 City was, you know, why is this, why is there so
C 25 much glass in this building that it looks out of
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1 proportion with that style of building?
2 And we looked at some of the other projects of
3 Beachwave and other similar style retail and what
4 you see is that expanse becomes sort of the
5 attraction of the building to draws attention to the
6 merchandise being sold there.
7 And so, in addressing those specific concerns
8 of scale and proportion -- again, this is the
9 elevation that Barry showed. And there is some nice
10 features there with the barrel tile roof and you can
11 see the detail under there and the color scheme,
12 which is really nice and appropriate to the
11) 13 architectural features there.
14 We took a little bit, at Barry's request, we
15 took a look at what could be done at this expanse of
16 glass to change it and make it look a little
17 different.
18 This is that north side rather and then the
19 back or east side of the building as well.
20 And so again, there was concern about the
21 monolithic approach and lack of detail in that view.
22 This is that elevation with the heights shown
23 on it again, thirty -five and a half feet to the top.
24 And I think it was twenty -six feet to this part
411 25 here.
12
4:re 1 So, we looked at this and looking at, you know,
2 just -- this is some rough ideas sketched out here
ti
3 of how you might approach this differently using the
4 exact same building footprint and not changing the
5 overall structure of the building but just changing
6 some elements of the facade here to see if we could
7 make this a more appropriate scale and proportion.
8 So this is sort of a rough sketch of what could
9 be done, certainly not the only solution. But what
10 you see here are some additional architectural
11 features which we think are fairly simple to address
12 those concerns; one being we added a base detail
' Cre 13 there. That could be anything. It could be some
14 sort of masonry, we colored it a different color.
15 We added some vertical details that sort of
16 break up those large window expanses. In this case
17 they would be sort of like a column that would be
18 offset from the face of the building.
19 Now there are offsets here and you can see that
20 in the elevation, this part of the building is
21 offset and these towers are offset. But, this would
22 provide a little more detail on this one expanse.
23 And then there is some horizontal banding
24 that's added, because when you get to a building
25 that's this size, it's really suggesting that it's a
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O 1 two story building. You can see that the people
2 that are shown in the submittal are shown in
3 appropriate scale, you know, five and half or six
4 foot tall people, and you can see how that fits
5 better with something that's been broken up
6 horizontally here.
7 You can see the door opening in these as well
8 that are around, I guess, six and a half to seven
9 feet tall.
10 So that's one solution. Certainly like I said
11 not the only solution.
12 We looked at -- I added awnings here too, just
13 because that helps define those openings and gives
14 it a little more human scale.
15 I've shown just a few different types of
16 awnings on here. And certainly they wouldn't
17 necessarily have to do them over all of them. But,
18 I showed them on all the openings on that first
19 floor.
20 The other alternative was one that Barry had
21 mentioned, was to shrink the building. And so in
22 this case I have just shown the building just so you
23 could see it, with five feet taken off of it.
24 The windows are still about six foot high. And
!II 25 so they are about a third of what they were here.
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1 And then I left these sort of taller elements
2 looking more like two story elements. And I didn't
3 do anything here. I know there has got to be room
4 for signage as well.
5 Just some ideas that -- like I said, Barry
6 asked us to look at, are there ways of addressing
7 this building style in a different manner that looks
8 at some of those concerns.
9 That's all I have.
10 MR. WASSERMAN: Thank you for that testimony,
11 Mr. Keith.
12 MR. KEITH: Sure.
13 MR. WASSERMAN: Do the Board members have any
14 questions at this time?
15 MR. BOWMAN: I have some. I'll get to them
16 later.
17 MS. LATORRE: Randy, we need to give the
18 Applicant an opportunity to cross - examination Mr.
19 Keith.
20 MR. WASSERMAN: I'm sorry. Mr. Keith, if you
21 could remain at the podium.
22 Please state your name for the record.
23 MS. REZANKA: My name is Kim Rezanka. I'm a
24 lawyer with the law firm of Dean Mead in Viera,
25 Florida.
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411 1 I represent the applicant, Xtreme Fun, LLC.
2 I'm not exactly sure where you want me to
3 stand.
4 MS. LATORRE: Is there another mic on the table
5 over there that would pick her up?
6 MS. REZANKA: This is somewhat awkward.
7 MS. LATORRE: Or where she would be picked up.
8 MR. BROWN: I'm wondering if we could take one
9 of these mics here.
10 MS. REZANKA: Okay. Thank you.
11 Mr. Keys, correct?
12 MR. KEITH: Keith.
13 MS. REZANKA: Keith. I'm sorry.
14 MR. KEITH: That's right.
15 MS. REZANKA: Were you paid by the City to
16 review these plans?
17 MR. KEITH: Yes. We're under contract with the
18 City.
19 MS. REZANKA: So it's all encompassing of your
20 contract to review these plans?
21 MR. KEITH: Yes.
22 MS. REZANKA: And what is the contract with the
23 City for you to provide?
24 MR. KEITH: It's general planning consulting
25 services.
16
1 MS. REZANKA: So, it's not specifically for the
2 Economic Opportunity Overlay District?
3 MR. KEITH: No.
4 MS. REZANKA: Does your contract include these
5 draft overlay guidelines?
6 MR. KEITH: Yes. That was a separate proposal
7 under that same contract.
8 MS. REZANKA: Separate proposal?
9 MR. KEITH: It's a separate purchase order
10 under that same contract.
11 MS. REZANKA: In fact, isn't these things that
12 you suggest included in your Draft Overlay District
13 suggestions?
14 MR. KEITH: Many of them are addressed also in
15 there, yes.
16 MS. REZANKA: I'd like to submit this as
17 Exhibit "A" or One, however you would do it.
18 MS. LATORRE: Do you have a preference?
19 (Thereupon, there was no verbal response.)
20 MS. REZANKA: Mr. Keith, I heard you state that
21 you had three issues with this proposal: The
22 expansive glass, the monolithic approach, and the
23 lack of detail on the back side or the south side of
24 the building, is that correct?
4C) 25 MR. KEITH: That's correct.
17
(0, 1 MS. REZANKA: Are there others?
2 MR. KEITH: No.
3 MS. REZANKA: I've given you the City Code,
4 Article III which Mr. Brown referenced earlier.
5 Have you read this Code?
6 MR. KEITH: I have.
7 MS. REZANKA: Okay. And is there anything in
8 this Code that specifically states that the
9 applicant shall not have expansive glass?
10 MR. KEITH: Glass is not specifically
11 discussed. Materials, colors, texture, scale is
12 what that concern was addressing is scale.
13 MS. REZANKA: Okay. And that's what Mr. Brown
14 just pointed out to you, correct, section 22 -42?
15 MR. KEITH: Yes, under C -1, subparagraph one.
16 MS. REZANKA: Okay. Subparagraph one, C -1.
17 What does it state about glass and how big it shall
18 be in that subsection?
19 MR. KEITH: It states that the plans and
20 specifications shall indicate the setting,
21 landscaping, ground cover, proportions, materials,
22 of which glass would be one of those, scale, unity,
23 balance, rhythm, contrast are coordinated in a
24 harmonious manner relevant to the particular
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25 proposal, surrounding area, and cultural character
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111 1 of the community.
2 MS. REZANKA: Okay. So there is nothing in
3 there that says glass shall not be eighteen feet
4 tall or glass shall be seventeen feet tall?
5 MR. KEITH: Right.
6 MS. REZANKA: Same with monolithic approach.
7 Is anything in that subsection that says that you
8 shall not have that?
9 MR. KEITH: Right. No.
10 MS. REZANKA: Same with the lack of detail,
11 especially on the back side of the building?
12 MR. KEITH: Right.
• 13 MS. REZANKA: Is there anything in the Code
14 that says you shall not have that?
15 MR. KEITH: No.
16 MS. REZANKA: You also suggested that it be
17 made to look like a two story building. Is there
18 anything in the City Code, as it exists now, that
19 references that type of architectural style or
20 design?
21 MR. KEITH: No, not specifically.
22 MS. REZANKA: Also with awnings, is there
23 anything in the City Code, as it exists now, that
24 says awnings are suggested materials or are
25 architectural detail?
19
1 MR. KEITH: No.
2 MS. REZANKA: Same with human scale. Is human
3 scale even mentioned in the current Code?
4 MR. KEITH: No.
5 MS. REZANKA: No?
6 MR. KEITH: No.
7 MS. REZANKA: In fact, would you agree that the
8 character of the community is a mixed architectural
9 style in this area?
10 MR. KEITH: I would agree to that.
11 MS. REZANKA: Would you agree there are several
12 buildings in the area that have large glass and
111 13 large monolithic style walls?
14 MR. KEITH: Yes.
15 MS. REZANKA: You also indicated that there
16 are people walking up and down A1A in this area.
17 How do you know that?
18 MR. KEITH: I have seen them, and just because I
19 know that there is hotels there. And every time we
20 come over here there is people walking on those
21 really narrow sidewalks right next to the road in
22 that particular area.
23 MS. REZANKA: Isn't that part of the design
24 criteria, to make it a pedestrian friendly area in
(11,0 25 that particular part of the City?
20
1 MR. KEITH: Yes.
2 MS. REZANKA: Are there any particular
3 definitions in the City Code that you are aware of
4 that talks about architectural principals or
5 architectural standards or cultural character? Are
6 there specific definitions in the Code that tells an
7 Applicant what those are?
8 MR. KEITH: Not that I know of.
9 MS. REZANKA: You also reference that you know
10 the vision of Cape Canaveral relative to this area.
11 When you say, relative to this area, what did you
12 mean?
13 MR. KEITH: The Envision Cape Canaveral
14 document that was adopted -- I don't remember the
15 date just now -- but it identifies both the AlA and
16 the Central Boulevard as being key components to the
17 future development and redevelopment of Cape
18 Canaveral. And refers to it as, I think they refer
19 to it as the Future Town Center Area.
20 MS. REZANKA: Isn't it true that that visioning
21 went to a mile square area of the City?
22 MR. KEITH: Yes.
23 MS. REZANKA: I have nothing further. Thank
24 you, Mr. Keith.
25 MR. KEITH: You are welcome.
21
411 1 MS. LATORRE: If you guys have questions, now
2 is the time.
3 MR. BOWMAN: I'm stepping out and (inaudible.)
4 Who authorized you to usurp our responsibility?
5 And I'm speaking to the two men standing there. Who
6 authorized you to jump into our play book, our sand
7 box?
8 What you are doing and talking about is what
9 we're supposed to be doing and talking about. And I
10 want to know why you are usurping our
11 responsibilities.
12 MS. LATORRE: Mr. Bowman, he's here on behalf
41 13 of the City Staff to provide testimony on the
14 Application.
15 MR. BOWMAN: Then that answers my question.
16 The City Staff has authorized you to jump into our
17 sand box and play around with things that we are
18 responsible for, including everything that you are
19 showing and talking about.
20 MR. BROWN: Yes.
21 MR. BOWMAN: Then why don't we adjourn? We're
22 not responsible for anything anymore. Apparently
23 the City has taken it over.
24 MS. LATORRE: Mr. Bowman, Staff is here to
411 25 present the Application to you for consideration.
22
111 1 You have your testimony and evidence that you are
2 going to hear tonight. There is more on the way.
3 And --
4 MR. BOWMAN: Normally the Applicant is the
5 person who is submitting this, not people that are
6 working for the City and apparently also paid for.
7 MR. BROWN: Well, actually it is Staff's
8 responsibility to present the Application to this
9 Board.
10 MR. BOWMAN: It has never been that before.
11 I can't believe that.
12 MS. LATORRE: Mr. Bowman, normally the hearings
4E , 13 before this Board are not this formal. But, this is
14 a normal quasi - judicial process where we have to
15 hear Staff's testimony and the Applicant's
16 testimony.
17 Staff, City Staff wanted to use their
18 professional planning consultants to help analyze
19 the Application on behalf of Staff.
20 You are going to hear input from Staff and
21 their consultants and your are going to hear input
22 from the Applicant. And you are going to make your
23 decision based on the criteria in the Code.
24 You still have a role and you are still very
40 1) 25 valid.
23
4;0 1 MR. WASSERMAN: Thank you.
2 Correct.
3 MR. BOWMAN: I'd like to step into the base
4 detail here that they speak of in terms of why try
5 to fake it and make it look like a two story
6 building? Why try to fake it?
7 This is the particular design to this type of
8 structure, serving this type of business. I've
9 designed several of them like this within a six to
10 ten mile radius. And I don't understand why you are
11 now challenging it. I don't think it looks bad at
12 all. And a lot of glass is not a problem.
41) 13 MR. WASSERMAN: Is this -- is this still a
14 question for Mr. Keith? I just want to make --
15 MR. BOWMAN: Why make it a question when I have
16 a chance to talk?
17 MR. WASSERMAN: I asked for questions for Mr.
18 Keith. I appreciate the comments, but we had Mr.
19 Keith at the podium.
20 Do you have anything, additional questions for
21 him or any questions?
22 MR. BOWMAN: Not at this time.
23 MR. WASSERMAN: Any other Board members have
24 questions?
41, 25 (Thereupon, there was no verbal response.)
24
1 MR. WASSERMAN: Mr. Keith, it did say that we
2 have to refer to the harmonious manner relative to
3 the particular proposal and the surrounding area.
4 And included in that is, in paragraph two
5 there, the plans for the proposed buildings or
6 structures that are harmony- excuse me -- are in
7 harmony with any future development which has been
8 formally approved by the City within the surrounding
9 area.
10 I remember an application a couple of years
11 ago, it might have been -- you may not be familiar
12 with it. There is an assisted living facility, not
111 13 on A1A but just around the corner there.
14 Are you familiar at all with that application?
15 MR. KEITH: I am. Before we were working for
16 the City we were working for that applicant. I'm
17 very familiar with it.
18 MR. WASSERMAN: I don't have those plans in
19 front of me. But each time we meet, we receive
20 applications and always look to respect previous
21 ones. And I think that has been fully approved.
22 Can you speak to some of the qualities, perhaps
23 in your expert opinion, between this application and
24 that application in terms of architectural design
!II 25 and harmony?
25
S 1 MR. KEITH: Sure. It was obviously a different
2 type of use which affects the style of the
3 appearance of the architecture.
4 That building did not sit -- it sat behind it
5 so you couldn't see it from AlA. It was actually
6 similar colors, if I recall. We mostly dealt with
7 the planning stuff and didn't work on the
8 architectural part of it. But, I think it had a
9 similar style roof as that. It was -- I want to say
10 it was a four story building.
11 MR. BROWN: Yeah, it's four story.
12 MR. KEITH: It was a four story building,
O 13 pretty close to the forty -five foot height.
14 There was an entirely different approach to the
15 building. It had sort of a porte - cochere area in
16 the front with a canopy.
17 So there was, that element at the ground level
18 was very much different and was truly intended and
19 looked to be one story.
20 So, as the only other representative future
21 development that's been approved, I guess, you know,
22 it had a different scale to it at that ground floor
23 than what's been proposed here.
24 MR. WASSERMAN: Thank you.
25 MR. KEITH: You are welcome.
26
• 1 MS. WOLF: May I ask a question?
2 May I assume that you feel that this would be
3 harmonious with the assisted living that's going to
4 be built? Because it's in the same general
5 facility, vicinity.
6 MR. KEITH: Style -wise it is. It's very
7 similar. And I don't think that buildings have to
8 be the same style, in my own personal opinion. I
9 think it fine to have different styles.
10 It really has to do with that scale of building
11 as someone standing there at the front of it was
12 different in this building than that building in my
13 opinion.
14 MS. WOLF: Exactly.
15 MR. WASSERMAN: Thank you.
16 Do we have anyone else to speak on behalf of
17 the --
18 MR. MENZEL: I am the Applicant.
19 MR. WASSERMAN: Okay. Welcome. Please state
20 your name for the record.
21 MR. MENZEL: My name is Dave Menzel. I'm
22 president of MAI Architects and Engineers. And
23 we're in Melbourne, Florida. And my firm is an
24 architectural, engineering, and construction
411 25 company.
27
• 1 I'm here representing the owner. One thing
2 that hasn't come up is my client is a very
3 successful retailer. And he has a business model
4 that's successful. Okay?
5 The picture of the building that you see, I
6 believe, is proportionally correct for a building
7 that is a retailer on a major highway. I can
8 understand what Staff is trying to accomplish. But,
9 the reality is, this is a retail building on a major
10 highway next to a gas station, across the street
11 from the entrance to a major industrial area. Down
12 the road, probably within visible sight, is probably
13 the largest, tallest dry boat storage building in
14 the eastern United States.
15 So, you know, trying to be compatible, I can
16 understand that. But, with this type of business,
17 you have to have the physical exposure.
18 That building is a hundred and twenty feet
19 long. If that building was ten feet tall, which
20 would be tall enough, you wouldn't see it, okay?
21 And to make it look like two stories, I kind of
22 agree with Mr. Bowman.
23 I like things that are real and not fake. The
24 business model with the glass may not be what
!II 25 everyone in this room would ultimately agree to, but
28
411 1 it's a successful model that sells the retail
2 product that my client is trying to sell at that
3 location.
4 He's replacing a Go -Kart track is that losing
5 money with a retail building that will, based on his
6 other buildings, will be successful. Okay?
7 To try and make it an urban retail harmonious
8 building is going to be a, you know, a financial --
9 possibly a financial failure because it's unproven
10 in this area. I think it's a burden that my client
11 will not take and I don't feel that he should.
12 So, what we presented to you -- you saw
13 pictures of other buildings. This building is a
14 building that we have done similar, maybe not as
15 much glass, maybe not as tall, maybe not as long,
16 but every building is its own entity based on the
17 use that's within it.
18 This building, based on my client, is what he
19 needs to sell his product. We've tried to make it
20 blend in. The example that we used for this
21 building is -- I believe I got a picture they sent
22 to me -- it's a building called Beachwear. And I
23 couldn't confirm the location. But, I think it's in
24 downtown Clearwater. It's in the middle of a city.
25 So, you know, I kind of, you know, I think they
29
1 have some good thoughts. I think that to sit here
2 and try and, you know, run this man's business,
3 based on what they feel that the City needs and
4 ultimately doom him to failure -- because he says it
5 will.
6 You know, the major plan here is to move it to
7 the street, cut back some of the parking.
8 Everything on the street needs parking. Everybody
9 drives to where they are going. Some people walk,
10 but not a lot, not enough to carry a business this
11 size.
12 You are talking about people coming in and out
13 of the cruise terminal, pulling over. They are all
14 driving in a car. They are not walking.
15 So you have to see the building. Part of
16 seeing the building and selling the product is
17 exactly what we show in that picture. That's what
18 we're selling and that's what we are asking for and
19 no more.
20 We believe we've met all the requirements that
21 the City asked and, you know, I think that, in
22 asking to make much of a drastic change to that
23 building, it is basically getting involved in his
24 business. And I don't think that's really what you
II) 25 are here for. But, I guess that's a matter of an
30
. 1 opinion too.
2 So, I've followed what my client wants.
3 That's not my design. That's his design. That's
4 what he needs to sell his product.
5 And being that it's next to a gas station, I
6 think it's very hard to try and create some human
7 scale. I don't think that the canopy over that gas
8 station has any human scale. But, again that's a
9 matter of opinion.
10 So, I just -- I'm here hoping that this project
11 can move forward. It's going to hire more people
12 and it's going to put some people to work. A lot of
13 subcontractors need the work right now. So, please
14 keep that in your thoughts when you are looking at
15 this tonight.
16 If you have any questions, I'd be happy to
17 answer them.
18 MR. WASSERMAN: Board?
19 (Thereupon, there was no verbal response.)
20 MR. MENZEL: Thank you.
21 MR. WASSERMAN: I do have a question.
22 I appreciate your concern about, you know, the
23 business objectives. And that is something that I
24 know is important and what we try to do is guarantee
(hw 25 that there is harmony with the building and
31
• 1 surrounding properties and kind of from a larger
2 stance the community.
3 Is there any elements to either of the
4 alternatives that were presented that would be
5 so- called low hanging fruit, things that can be done
6 without drastically damaging the business model or
7 the cost?
8 MR. MENZEL: Let me tell you what I see, and if
9 he could put those back up, I think you'd agree with
10 me.
11 When you look at our building you see a
12 predominantly single building that has an identity
41) 13 to itself. When you scale it down, make it look
14 like two stories, the one that he drew looked like
15 nine little buildings. And they just kind of fade
16 into the background.
17 The whole idea is to create something that is
18 going to attract people. I'll call it an
19 attraction. This isn't large enough to be an
20 attraction. But, you know, we did the Cocoa Beach
21 Surf Company and that's an attraction. That's a big
22 building. The inside is three stories tall. And
23 the three stories that are in there are probably six
24 stories total.
4E: 25 The idea of it is to draw people to the
32
• 1 building. You are not going to sell anything if
2 it's going to look like everything else in town. So
3 that's what we're doing with retail.
4 The dinosaur store, we did that. That's the
5 same thing. What you have to do is you have to
6 create something that people drive by a retail
7 center, they see it and it looks good, and they
8 drive in it. They don't look it up on the Internet.
9 It's pretty much an impulse when they go in.
10 So, you need to have something that doesn't
11 look like everybody else or down to a scale so that
12 it looks like some little thing. It needs to be its
• 13 own identity.
14 That's what we are trying to sell here. The
15 large glass, the large expansive glass, you see into
16 this large volume, you think there is a lot of stuff
17 in is there and so you want to go in and buy
18 something.
19 So, that's the focus. To answer your question,
20 we've looked at all the alternatives. That's what
21 Mr. Gal, my client, wishes to build in Cape
22 Canaveral. Okay?
23 We actually started with brighter colors. I
24 don't particularly like some of the colors on his
4E: 25 buildings. We toned those down. We tried to make
33
1 them, you know, colors that he would agree to. And
2 you know, he actually called me about the colors and
3 he's painting his other buildings to match this one
4 because he likes it.
5 So, you know, to each his own on that. He
6 doesn't have to, but he's going to because he wants
7 something that has some uniformity to it so when you
8 drive down, they'll match. So, will I change his
9 mind on this issue? No. Sorry.
10 But, if the Board decides that they feel that's
11 something he should do, I would be happy to present
12 it to him. But, he's had a pretty strong stance all
IC: 13 the way through this. Okay?
14 He has a property over there that's
15 economically depressed. This will make it
16 profitable. I'm sure there is some benefits to that
17 that the City would gain.
18 You know, the front and backside, you know, if
19 you want to enhance that a little bit, I'm sure
20 there is something we could do there. The reason we
21 didn't do much on the back is frankly you can't see
22 it.
23 The windows, what you see there is designed for
24 the functional success of the project. Anything
IE: 25 more that we would add -- the back of the building
34
1 is actually a warehouse where he stores the product
2 that he sells.
3 So -- I wish I could answer you more
4 specifically. He's not here. He's out of the
5 country. So, if the Board decides that's something
6 they would want him to do, I would present it to
7 him.
8 MR. WASSERMAN: In comments, I mean, I like the
9 banding on the top of the building and, you know,
10 that creates a nice outline.
11 Typically, in most applications that I've seen,
12 structures of these are actually enhanced somewhat
41; 13 by a midline banding to some degree. I understand
14 the column affect that you mentioned in one of the
15 alternatives seemed to make it look like multiple
16 buildings. But, would the Applicant consider a
17 banding?
18 MR. MENZEL: I originally had a band in there
19 and I did it for another reason. We design
20 economical buildings.
21 The building -- the glass is cheaper when it's
22 not eighteen feet tall. So -- and he took it out.
23 You know, we try and do these things -- he has a
24 budget he's dealing with. And that glass is a big
IE: 25 part of the cost of this. It doesn't come cheap.
35
1 So -- especially when it's, you know, impact
2 resistant.
3 So, I think part of his -- I think he feels,
4 Mr. Gal feels that part of his retail success or a
5 good portion of his retail success is the glass, as
6 does his father. And the glass is something that
7 they feel is big and it's open. You can drive by
8 and look in. And they feel very strongly about the
9 glass.
10 MR. WASSERMAN: So, how specifically would a
11 band compromise the glass? Can you explain about
12 that?
13 MR. MENZEL: I would have to have him answer
14 that rather than me. Because like I said, I put a
15 band in not necessarily for aesthetic reasons but
16 for economic reasons. And he asked me to take it
17 out. He actually made the glass panels reduce the
18 amount of (inaudible) that I had, which is the
19 vertical elements between the glass, to actually
20 create as much glass as he possibly could.
21 MS. KELLEY: Was there no consideration for
22 traffic hazards with that much glass, people driving
23 by to peer in at the goods?
24 MR. MENZEL: You know, I guess, you know,
41) 25 that's -- no, because I don't know that the -- that
36
411 1 there is any statistics to say that someone is going
2 to have an accident looking into a building.
3 MS. KELLEY: If that is one of the objectives.
4 Obviously that's going to happen.
5 MR. MENZEL: But, I think if the building had a
6 band or not had a band, you are still going to look
7 at it because it's, proportionately it's a large
8 building, a hundred and twenty feet long. That's a
9 significant building. We don't do many buildings
10 that size. When they get over a hundred feet that's
11 quite a bit.
12 MR. WASSERMAN: I mean, that's probably
13 something more for the realm of like a Planning and
14 Zoning Board to review, you know, in terms of
15 safety. That's not a bad point.
16 But, I'm just, I guess my primary concern with
17 it is not understanding exactly what a band would do
18 in terms of so- called damage to the business model.
19 It's hard for me to -- it's hard for me to assign a
20 value to that without hearing more from the
21 Applicant.
22 MR. MENZEL: I'd have to ask the question back
23 to you, what's the significance of not having it? I
24 mean, we have five story office buildings that we've
C re 25 done that are all glass from the floor up to the
37
1 top. And you know, glass has been taken out of a
2 lot of our buildings lately because of cost. The
3 impact resistant characters of it just, really raise
4 the price. So people have been taking glass out.
5 So, I think to a certain degree that might mean
6 a sign of quality if you have a lot of glass. I
7 think proportion is, you know, again that's on a
8 retailer, you know. You don't see a CVS pharmacy or
9 a Walgreens that has a ten foot ceiling or a ten
10 foot parapet. They are tall for a reason. They are
11 tall so you can see them. And they all have plenty
12 of parking in front of them. Okay.
4I) 13 MR. WASSERMAN: Thank you. And that answered
14 my question.
15 I think a band would compliment the band on the
16 top of the building is what I see the value in it.
17 Finally too -- I'm sorry -- the air
18 conditioning and the equipment, is that all on the
19 top of the building?
20 MR. MENZEL: Yes. The roof top units -- there
21 is parapets around the building on three sides. You
22 would not see them. They are in the middle.
23 MR. WASSERMAN: Okay.
24 MR. MENZEL: If the building was lower, you
4C) 25 would see them.
38
110 1 MR. WASSERMAN: Right.
2 MR. MENZEL: Because you'd be closer to the
3 angle.
4 MR. WASSERMAN: Was there any additional
5 questions from the board?
6 MR. BOWMAN: Not questions.
7 MS. LATORRE: Public comment.
8 MR. WASSERMAN: Yeah, I was going to get to
9 that next.
10 MS. REZANKA: I have a presentation also.
11 MR. WASSERMAN: Okay. Please.
12 MS. REZANKA: Good evening, Chairman Wasserman
41) 13 and members of the Community Appearance Board.
14 Again, my name is Kim Rezanka and I'm an
15 attorney with Dean Mead in Viera, Florida and I
16 represent Xtreme Fun, LLC.
17 Mr. Brown began his presentation reading from
18 22 -42 (c) (4) and we've discussed that earlier also.
19 And that was that the building, the proposed
20 building, the plans are in harmony with the
21 established character, with respect to the
22 architectural specifications and design features
23 deemed significant based upon commonly accepted
24 architectural principles of the local community.
25 I would submit to you there is no way for an
39
41L 1 Applicant currently in this City to know what those
2 accepted architectural principles are. There is no
3 written guidelines. It's very subjective. We don't
4 even know what significant means.
5 You have a very unique function pursuant to
6 your City Code. And that is to encourage uniform
7 architectural standards and cohesive community
8 development consistent with the intent and purpose
9 of this article.
10 But it's not clear what the intent and purpose
11 of this article is. There are no clear definitive
12 guidelines to guide anyone submitting plans to you.
41) 13 You are working on it and you have been working on
14 it for a few months.
15 Xtreme Fun has been working on this project for
16 almost a year now and has met with the City a number
17 of times. And really they have, the City Staff has
18 tried to get him to change his building, and this is
19 the building that Xtreme Fun wants to build.
20 You've heard the reasons why from Mr. Menzel.
21 He doesn't want a band. And he doesn't want to
22 change anything. This is the building that he
23 wishes to build.
24 Since there are no clear standards in your
4E. 25 Code, and your expert has admitted to it, there is
40
1 idea -- the Applicant has no idea what to submit.
2 Since there are no clear standards, the Court
3 will hold that the Applicant's property rights are
4 superior to the City's vague and ambiguous holds.
5 Ms. Latorre emailed me today because this
6 application is governed by two sections of your
7 Code. One we've just been discussing, and the other
8 one we've also discussed, 22 -47 -- or 22 -42, and
9 that the proposed overlay standards do not apply.
10 I think you've had a presentation at your last
11 meeting of February 15th what those guidelines are
12 that you want to see for your City. Those aren't in
4L , 13 effect. They aren't to apply.
14 There is nothing in your Code about human
15 scale.
16 There is nothing in your code about monolithic
17 approach.
18 There is nothing in your code about large
19 windows.
20 Looking through Section 22 -36, the Code talks
21 about uniform manner, harmony, comprehensive
22 architectural related policies, preserving various
23 elements.
24 And the only thing that might be your various
25 elements is later in section 22 -36 about beaches,
41
1 ocean, and Banana River. This is not on the
2 beaches, the ocean, or the Banana River. It's on a
3 major highway in your City.
4 Basically looking at your Code, it seems to me
5 the standard is compatibility. And that's generally
6 a standard that everyone has heard; courts have a
7 very difficult time explaining what compatibility
8 is. And even your expert said there is many
9 different styles in your City.
10 Mr. Brown's memorandum that he provided to you,
11 and he read to you earlier, talks about the
12 deficiencies. And so did your expert, Mr. Keith.
110 13 But there is nothing in there, in those
14 deficiencies, there is nothing relative to those in
15 your Code.
16 And again, it appears that they are using the
17 Overlay District draft, not what's currently in your
18 Code.
19 I'm looking for that memo and I seem to -- oh,
20 there it is. The memo dated February 23rd, which
21 was provided to you, the last paragraph after Mr.
22 Brown has stricken the other two.
23 It's obvious the building is designed to
24 maximize window area and therefore window signage
41, 25 while sacrificing appropriate architectural design.
42
41) 1 This is a prime example of why we need to adopt
2 architectural design standards.
3 Mr. Brown I think would admit there are no
4 design standards currently in your Code and he
5 doesn't like the windows. And that is what was
6 apparent throughout this past year when my client
7 met with the City.
8 Looking at 22 -42 again, you have the same
9 phrases: Harmony, cultural character. What is
10 important is it does say that it's harmonious manner
11 relevant to the proposal, surrounding area, and
12 cultural character of the community.
41) 13 Mr. Menzel talked about this particular
14 proposal, how large it is, why this is necessary.
15 We'll talk about the surrounding area in a minute,
16 and the cultural character of the community is a
17 mixed style.
18 Then it talks about (c)(3), the plans should
19 not be excessively similar or dissimilar to any
20 other building or structure that is either fully
21 constructed, permitted but not fully constructed, or
22 included on the same permit application, within five
23 hundred had feet of the proposed site.
24 We talked about the ALS behind this building.
41 0v 25 I don't know if it's within five hundred feet. But,
43
(Ire 1 even your own expert says it's similar colors,
2 similar style. The scale is different because it's
3 a different use. It's a residential use. It's a
4 residential zone.
5 The standards that are in your Code is in
6 (c)(6) which says no bright colors. And we meet
7 that standard.
8 Also, in 22 -44 (2), the level two review, we've
9 met that. We've provided everything. There has
10 been no testimony that we have not met that
11 criteria; and therefore, we are compliant with your
12 Code for the strict guidelines that I've just
C 13 referenced.
14 There are some planners, and I haven't heard it
15 tonight, that will say, I will know it when I see
16 it. And that's not sufficient when you are talking
17 about someone's property rights.
18 So to say it's not, it's got deficiencies
19 without any guidelines, you can't take away Xtreme
20 Fun's right to build their building if there is
21 nothing that says they can't build it like they want
22 to.
23 What I also did is I went to the Property
24 Appraiser's website and printed ten buildings in the
41) 25 area to show and prove by competent evidence that
44
1 there is a mixed style in this area.
2 I'd ask this to be admitted as my second
3 exhibit.
4 I'm sorry. I have one more. And I have some
5 black and whites. These are the only ones that I
6 had in color.
7 The first is a, is the aerial view which I
8 believe you also have in your packet which was
9 provided. It shows the intersection where the
10 Go -Kart tracks are and where the proposed building
11 is to be.
12 And just looking at this aerial you see the
11E: 13 difference in the size of the buildings, the colors
14 of the buildings, and again there is no uniform
15 criteria here.
16 The next page is the eleven buildings that
17 we're going to look at. And I don't want to belabor
18 them too much, but flipping through them, the first
19 is the building that you had up here which is the
20 Beachwave building with the natural colors and the
21 windows.
22 The next is the Radisson, which is two to three
23 stories, wherever you look. It has the large
24 windows. It has the various colors.
41 1) 25 You have the Thai Thai building, which is an
45
II) 1 orange building with large windows.
2 You have the Post Office, which is just close
3 by so I put it in there for you. Not a lot of
4 architectural design standards there.
5 You have the McDonald's which is catty- corner
6 from this which has the huge glass enclosure. And
7 this was built in 1996 after your Code came into
8 effect in 1995. So, this was built under your
9 current guidelines with that large windows,
10 monolithic windows.
11 You have Zachary's, which is next door, which
12 has been there for a long time.
C. 13 You have -- it's called the Cove. I call it
14 the Comprehensive Health Services because I'm
15 familiar with that company. Large building, large
16 poles.
17 You have the Racetrac gas station just
18 immediately to the west, which again there is no
19 human scale. It's just a gas station. There's
20 nothing particular about it.
21 You have the Burger King that was built,
22 relatively new, and it's built in the style that it
23 wants to be built in, the style that attracts
24 people, that people know. Same as Beachwave wants
25 to do.
46
1 You have the Residence Inn, which is, I
2 believe, a four story building, very large; doesn't
3 have banding, doesn't have awnings, it just has
4 windows. It's just a large monolithic side to the
5 building.
6 And then you have the AJT building which was
7 built in 1997 under these current standards. And it
8 has huge expanses of windows. And this is
9 catty- corner to the west.
10 This doesn't even include the Purcell's garage
11 style building to the west or the USA building to
12 the east which has just large flat walls, no design
41) 13 element whatsoever to it.
14 So these buildings are somewhat similar and
15 somewhat dissimilar to what Xtreme Fun has proposed
16 to build.
17 The colors are compatible. They are not
18 bright. There is windows that are similar to the
19 buildings that are around it. A scale that is
20 similar to the buildings that are around it.
21 We ask that you approve this building basically
22 because there are no written guidelines at this
23 point. You cannot apply the proposed standards to
24 this building.
25 The application design is compatible with the
47
1 existing development and the surrounding
2 development. This is the building that the
3 Applicant wants to build for all the reasons of the
4 business model, the prototype, the size of the
5 building, the attractiveness to it, to attract
6 people to it to be a successful business.
7 And if you do deny this, we request written
8 findings to be issued by you for further appeal to
9 the City Council.
10 Thank you.
11 MR. WASSERMAN: Thank you.
12 Any questions? I'm sorry. Any questions?
13 (Thereupon, there was no verbal response.)
14 MR. WASSERMAN: No questions.
15 Any discussion?
16 (Thereupon, there was no verbal response.)
17 MR. WASSERMAN: I know, Walter, you had
18 mentioned there were a few things that you'd like to
19 say.
20 MR. BOWMAN: Yes, Walter Bowman, architect,
21 engineer, planner by education and training, and
22 degrees.
23 I do agree with most of what you've said in
24 both of your statements. I don't agree with your
41, 25 position on our judgment on the free aesthetic rule
48
C oe 1 of the City.
2 This Board does have aesthetic choices and they
3 have been tested by the rules we are governed by.
4 And that is what our choices are. And it is a
5 choice thing. There will never be a specific design
6 article or a clear statement, as you wish. We are
7 an aesthetic Board.
8 I don't agree with the Overlay District and I
9 don't think most of us do yet. I disagreed strongly
10 with the effort to bring or bridge A1A with human
11 scale store fronts.
12 I believe the expansive glass is well presented
13 by Dave Menzel as it was when I did my designs for
14 this person.
15 I have some positions on what could be done to
16 the building, and so we will probably be passing it
17 with comments, if we're allowed to. And I believe
18 that the Code says we can.
19 As to the height, I agree that the client has
20 always wished the high buildings. I believe the
21 height of some of this could be adjusted and you
22 would still have the impact that you would by
23 lowering all the towers except that at the entrance
24 and the parapets to the current roof height.
4 1w 25 This might entail hiding the air conditioning
49
41 11, 1 equipment. But at that height and back on the roof,
2 as Mr. Menzel said, I don't think it would be seen
3 with any consequence.
4 I believe the banding that Randy mentioned is a
5 justifiable interest. I think the Applicant's
6 spokesmen were right in trying to bring some element
7 of scale to it.
8 I would propose that the band that goes across
9 the front of the entrance be extended to just the
10 high windows, not the ones in the light tan, but
11 just the ones in the bronze /yellow area.
12 And I agree that structurally and cost -wise
41 1, 13 that would bring things into a good proportion. I
14 had the same trouble with eighteen and a half foot
15 windows when I did them.
16 The back portions of the building are bland. I
17 think they could be resolved with a stronger banding
18 at the roof level as shown in the front. A possible
19 wainscot band of some sort in the lower area and
20 possibly even some vertical pillars spaced along the
21 length and breadth to bring it into a more -- or
22 break it down to scale.
23 The retail scale across the vast expansive AlA,
24 you are just never going to achieve human scale at
(le 25 that distance.
50
1 Thank you.
2 MR. WASSERMAN: Thank you, Walter.
3 Do the Board members have any questions
4 pertaining to those comments?
5 Do the Board members have any questions
6 regarding Mr. Bowman's comments?
7 (Thereupon, there was no verbal response.)
8 MR. BOWMAN: Would you like me to put my points
9 for consideration --
10 MR. WASSERMAN: Well, let me make sure --
11 MR. BOWMAN: -- in a motion?
12 MS. LATORRE: Before we entertain a motion, we
4:) 13 need to open a public hearing.
14 MR. WASSERMAN: Right. I just wanted to
15 clarify. Correct. I would like to clarify in a
16 little greater detail the ideas that you were
17 discussing.
18 MR. BOWMAN: We can come back to those points.
19 MR. WASSERMAN: I think I heard you mention the
20 lowering of the towers, all except the one over the
21 main entrance.
22 MR. BOWMAN: Correct. And the parapets.
23 MR. WASSERMAN: Yes. And I think I also heard
24 you mention that might require some consideration
40 1) 25 for HVAC systems and hiding that.
51
1 MR. BOWMAN: Of what?
2 MR. WASSERMAN: HVAC.
3 MR. BOWMAN: Yes.
4 MR. WASSERMAN: And then I think you did
5 mention that a stronger banding --
6 MR. BOWMAN: Yes.
7 MR. WASSERMAN: Now I want to make sure I
8 understand, are you talking about extending, I think
9 extending the --
10 MR. BOWMAN: The one you are pointing at.
11 MR. WASSERMAN: All right. Sorry. Yes, the
12 horizontal element over the main entrance, expanding
13 that around to --
14 MR. BOWMAN: Just the tall windows.
15 MR. WASSERMAN: Just the taller windows.
16 Now, would that be at the expense of the
17 current windows?
18 MR. BOWMAN: No, just break them and separate
19 them.
20 MR. WASSERMAN: I mean, like, you mean that
21 band would extend continuously or would it extend
22 only in the areas where there is current building
23 without glass? You know what I mean?
24 MR. BOWMAN: I think that is an option. It
25 could be just where the windows are allowing the
52
• 1 vertical elements to continue through.
2 MR. WASSERMAN: So it would be --
3 MR. BOWMAN: Be sort of like an awning but
4 not --
5 MR. WASSERMAN: Right. So, that would really
6 minimize the effect. That could be done without any
7 reduction in glass area.
8 MR. BOWMAN: Correct.
9 MR. WASSERMAN: And then the back area, I think
10 you had mentioned a stronger roof banding and
11 perhaps some columns to help separate --
12 MR. BOWMAN: Wainscot level.
• 13 MR. WASSERMAN: Wainscot level.
14 MR. BOWMAN: It was somewhat mentioned by the
15 Staff associates, even at the front.
16 Let me throw in one more because I forgot to
17 mention and I had it written down. I think that we
18 could address some additional landscaping mixed in
19 amongst the sidewalk at the building so there is
20 some activity at the human scale lower level.
21 MR. WASSERMAN: Thanks. I believe -- do we
22 actually have a landscape plan? In the application
23 I believe there is a landscape plan. I'm not sure
24 if that picture is truly representative of the
411 25 current -- do you know if that picture being
53
k r, 1 presented here on the screen is representative of
2 the actual landscape plan in the design?
3 MR. MENZEL: If you look at drawing C -5 --
4 MR. WASSERMAN: Okay.
5 MR. MENZEL: -- there is a landscape plan.
6 There is no landscaping at the building.
7 But, I agree with Mr. Bowman that could be a
8 good way to create human scale.
9 MR. BOWMAN: And softness at the lower level.
10 MR. MENZEL: We got enough room to do that.
11 MR. WASSERMAN: Okay. Thanks.
12 At this time would the audience care to comment
4 ., 13 on any of the material being presented or the
14 comments from Mr. Bowman?
15 Yes, sir. Please state your name for the
16 record.
17 MS. LATORRE: Come to the podium, please.
18 Were you sworn in at the beginning of the
19 meeting, sir?
20 MR. GORDON: Yes, I did.
21 Yes. I'm just speaking as a concerned citizen.
22 And thank you very much for allowing me to do so.
23 My name is Jack Gordon and I live in the Puerto
24 Del Rio development behind the proposed assisted
(Wie 25 living.
54
® 1 First of all, I'm extremely disappointed after
2 living with the racetrack development there, that
3 we're going to get a Beachwave store. I think it's
4 better than the racetrack but I think we could do a
5 lot better.
6 I disagree with a couple of the points that
7 have been made. I think we will be able to see the
8 back of the building from Central because if you
9 look at the way the street turns, you come in from
10 that direction. And as you come out, you look right
11 into the back of the building. I think we can do a
12 lot better with the back of it.
(1.* 13 I disagree with the point that it conforms with
14 the assisted living.
15 Danny Ringdahl has spent a lot of money for
16 architectural designs and plans and I do not think
17 that the Beachwave store is compatible or in the
18 same class with the development that Danny is
19 planning.
20 I understand why we need the large windows. I
21 have a hard time visualizing it though because the
22 going out of businesses banners are missing.
23 The other point that I disagree with was the
24 gentleman said there is five story office buildings
25 with a lot of windows. Most of those office
55
1 buildings that I've looked at do not have towels
2 hanging in the windows. I think we can do better
3 than a Beachwave.
4 Thank you very much.
5 MR. WASSERMAN: Thank you, Mr. Gordon.
6 Yes, sir. Please approach the podium and state
7 your name for the record.
8 MR. SPURRELL: My name is Art Spurrell. I live
9 at 8934 Puerto Del Rio Drive, Unit 8401.
10 And I'm here to speak as an individual.
11 Although in my spare time I'm also the president of
12 that new HOA.
13 I have similar concerns with Jack. Comments
14 were made earlier that there is no clear standard
15 against which to design buildings in this area. I
16 would submit that the assisted living facility was
17 designed and bought off.
18 And the way that worked, from me watching it,
19 was somebody who wanted to do a good piece of
20 business, but also wanted to do right by the
21 community. And I would wager that there are
22 probably at least a dozen revisions at least as big
23 as the ones we're talking here in that process.
24 And also along the way I believe that area was
25 rezoned from residential to a modified use. If you
56
(11, 1 take the standard that was presented by Counsel it
2 would lead you to believe that when you look around
3 and you see this thing over here that isn't so good
4 and this thing over here that isn't so good and this
5 thing over here that isn't so good, it's okay for us
6 not to be so good. If you follow that logic, it
7 takes you to the end point of nothing will ever get
8 better. At some point somebody has got to stand up
9 and say I can do better than that and I will.
10 And the assisted living facility was designed
11 with that attitude. And it's designed to be a first
12 class facility. And that's what we need in our
(imw 13 community. We need things that are uplifting.
14 Mr. Menzel stated that the building is designed
15 for the functional success of the business. And I
16 believe he's absolutely correct, for the functional
17 success of the business, so the people see the
18 building and you sell the product.
19 And I would add, and what it does to the
20 community doesn't matter. It's stated that he's a
21 very successful business person. If he is so
22 successful, why on the other businesses I see they
23 are continually going out of business, as Jack has
24 referred. The problem I've got with that is when
25 people come in, what they are going to see is, and
57
III if you refer their own exhibit, the other tourist
2 retail that to me look like trash and say frequently
3 going out of business sale.
4 I submit that Cape Canaveral wants an
5 environment that uplifts the community, not
6 advertises to the community that we're going out of
7 business because they are shutting down the Space
8 Coast and we can't make ends meet and businesses are
9 leaving.
10 I think we want positive messages not negative
11 messages.
12 They want the glass. They want the glass
III 13 because they are going to decorate it with all sorts
14 of things. If it were to stay like that and they
15 would agree that it would look like that and the
16 product would be many feet back from the front
17 windows, I could support it because when you look at
18 that, that's a decent looking building.
19 Now you can quibble left and right that that's
20 okay. Now, when you superimpose what the other
21 tourist retail looks like, all of a sudden it takes
22 a thing that's really fairly nice and you recognize
23 that its only a pig with lipstick on. And pretty
24 soon the real character is going to show up.
• 25 I belive that real character will be
58
Irire 1 detrimental to the community. I believe it will be
2 detrimental to our property values.
3 My reference point is the assisted living
4 facility which is designed to uplift the community
5 as a result of the quality that's there, and all
6 along the way reduce the number of condominiums
7 around and raise property values which allow us to
8 spend more money on taxes, which I really don't mind
9 because I love living here.
10 And I thank you for all the hard work that the
11 Board and the Staff does to make this such a great
12 place to live. Because at Puerto Del Rio, one of
13 our refrains is, and we live here, and I thank you
14 for that.
15 MR. WASSERMAN: Thank you, Mr. Spurrell.
16 Any other comments from the audience?
17 (Thereupon, there was no verbal response.)
18 MR. WASSERMAN: So, it was an interesting point
19 about, I guess, the use of the building and the way
20 it looks now compared to the way it will look in
21 use.
22 You know, I know we have to only consider the
23 application as it's presented.
24 But the City may have -- and this is where I'm
25 not sure -- Planning and Zoning, is that a Planning
59
(br 1 and Zoning question, how the actual glass treatments
2 are festooned or otherwise presented?
3 MS. LATORRE: As far as what's in the windows?
4 MR. WASSERMAN: Correct.
5 MS. LATORRE: As far as advertising and
6 signage, that's regulated by your Code. Signs are
7 limited by your own Code provisions to an extent.
8 And usually it becomes a Code Enforcement issue
9 MR. WASSERMAN: Okay.
10 MS. LATORRE: -- because there are set
11 regulations in your Code.
12 MR. WASSERMAN: Got you.
1111; 13 MS. LATORRE: I don't think it would be an
14 issue before P & Z.
15 MR. WASSERMAN: Code Enforcement.
16 I wanted to make sure we understood that.
17 Okay. Do the Board members have any additional
18 questions, comments, anything to add at this time?
19 MS. WOLF: No.
20 MR. BOWMAN: I'd like to support the future
21 modifications in the advertising codes to limit the
22 amount of advertising in the windows. That's not
23 our business, but I'd like to point out that I would
24 support that strongly. It's a shame we couldn't
41) 25 leave our save the golf course I designed.
60
III MR. WASSERMAN: So yeah, we've heard a lot of
2 things tonight and heard a lot of testimony and seen
3 some alternatives proposed.
4 We've heard directly from the Applicant, seen a
5 lot of material regarding the immediate surroundings
6 and as well as some concerns regarding our current
7 Code that we're guided by. And then we've also
8 heard some ideas that have been perhaps presented
9 with some more harmony, the potential landscape of
10 this Application.
11 MR. BOWMAN: Is it time to propose some
12 comments?
III MR. WASSERMAN: Thank you.
14 MS. LATORRE: Let me clarify. The burden, for
15 the record -- the Applicant bears the initial burden
16 of showing that they have met all the requirements
17 in your Code to submit the required -- application
18 requirements, the required information in your
19 packet that has been provided, and that they have
20 met the criteria in your Code. You are guided by
21 that criteria under C that we keep referring to in
22 making your decision.
23 You got to weigh all the testimony of the
24 City, and all the testimony of the Applicant, and
III 25 the evidence presented and determine whether the
61
• 1 Applicant, by competent and substantial evidence,
2 has met their burden.
3 And if not, the City had to present testimony
4 that they didn't meet that burden. So, if you feel
5 they have met their burden, you can make a motion to
6 approve, you can approve with conditions, or you can
7 move to deny.
8 MR. WASSERMAN: Thank you.
9 MS. LATORRE: The conditions, if any conditions
10 imposed on your approval happen to be in the
11 furtherance of the health, safety, and welfare of
12 the City of Cape Canaveral, they have to be
13 reasonable based on health safety issues.
14 And did I see your hand?
15 MS. REZANKA: I just have a point of order. If
16 it's a 2 -2 vote, is that a denial?
17 MS. LATORRE: The motion would fail.
18 MS. REZANKA: Okay. That's what I thought.
19 Thank you.
20 MR. WASSERMAN: So let me clarify, you said any
21 conditions would be based upon --
22 MR. BOWMAN: Health safety --
23 MS. LATORRE: They have to be reasonable
24 conditions for the benefit of the community. I
25 mean, they have -- it can't be -- it has to be
62
• 1 related to the application. They can't be off in
2 left field is essentially what I mean. It has to be
3 related to the application and reasonable.
4 MR. WASSERMAN: Right. Correct. Right. But,
5 if we collectively believe that they impart more
6 harmony and this application with regard to the
7 section --
8 MS. LATORRE: Yes, it could be in furtherance
9 of the approval of the criteria that you have to
10 consider, in furtherance of making that more
11 consistent with the criteria required in your Code.
12 MR. BOWMAN: I would like to move to approve
13 the motion with --
14 MR. WASSERMAN: I'm sorry. We don't have a
15 motion.
16 MR. BOWMAN: I'm going to make one.
17 MR. WASSERMAN: Okay. I'm sorry. Go ahead.
18 MR. BOWMAN: With conditions.
19 As for the reasons I point to (c)(1) of the
20 Community Appearance Board Review, statements of
21 findings of purpose. And (c) (2) and (c) (4)
22 specifically calling to the setting and landscaping,
23 ground cover, the proportions, the scale and
24 balance, and a greater simplicity design, and the
411 25 harmonious manner appropriate to what this Board
63
1 judges and passes on.
2 The conditions would be those that I had spoken
3 of before:
4 One, reduce the parapets across the front,
5 lower all the towers but the central tower over the
6 entrance.
7 Add some landscaping around the base of the
8 building at the building and sidewalk along with a
9 dissimilar material of wainscoting for the windows.
10 Extend a horizontal band existing over the
11 doors to a like band across the three expanses of
12 tall windows to either side of that central entrance
13 only.
14 Provide additional banding around the back of
15 the building and some vertical pilasters, if you
16 will, to break up the horizontal and expanse of the
17 quoted stated warehouse area.
18 I believe that was all.
19 Randy, do you remember one other one?
20 MR. WASSERMAN: Would we have to get a second
21 on that?
22 MS. LATORRE: Can we get a second for purposes
23 of discussion?
24 MR. WASSERMAN: Do I hear a second?
(ow 25 MS. KELLEY: Second.
64
!II 1 MS. LATORRE: Did you want clarification?
2 MR. WASSERMAN: Correct. Clarification.
3 First, there has been a motion for several
4 elements, conditional elements, and it's been
5 seconded.
6 I think we -- did we mention too a stronger
7 banding at the roof level in the back of the
8 building?
9 MR. BOWMAN: I mentioned banding in back of the
10 building.
11 MR. WASSERMAN: Okay.
12 MR. BOWMAN: I meant the top and wainscot
411 13 level.
14 MR. WASSERMAN: Okay. Any other clarifications
15 needed?
16 MS. LATORRE: I think the Board secretary needs
17 some clarification on the conditions.
18 She needs the Board members to speak really
19 close into the mic. I'm having a hard time hearing
20 and I'm right here.
21 MEMBER OF THE AUDIENCE: So are we.
22 MEMBER OF THE AUDIENCE: Yes. We are old
23 though.
24 MR. BROWN: What I'd like to do is to make sure
25 we're absolutely clear that we take that pointer and
65
1 we point out on the building exactly what we're
2 talking about.
3 And use two hands on that.
4 MS. REZANKA: For purposes of the record, can
5 we actually draw it on an existing one? That would
6 be easier. Because what you are pointing to won't
7 show up on the Court Reporter's or on your minutes.
8 MS. LATORRE: That's fine. I don't know if Mr.
9 Bowman heard that.
10 Mr. Bowman, would you be willing to depict your
11 recommended conditions included in your motion by
12 drawing on one of the depictions?
13 MR. WASSERMAN: Would it be easier to work off
14 the elevation?
15 MR. BOWMAN: I was going to look to see if I
16 had, not a colored in this case.
17 All right. How to present this would be to
18 walk it through the audience personally.
19 MR. WASSERMAN: I'm sorry, would it be
20 possible -- and I hate to exercise your pain
21 anymore -- would it be possible to perhaps use the
22 key on that exhibit and note what each change,
23 verbally -- a written description of each change,
24 put a key, like number one, and you know, just
IL O 25 expand on --
66
1 MR. BOWMAN: All right. Do you want to glance
2 at it?
3 (Thereupon, a discussion was had off the
4 record.)
5 MR. WASSERMAN: Walter is finished marking up
6 the exhibit.
7 Do you want to glance at it to see if it
8 suffices for the description?
9 (Thereupon, there was no verbal response.)
10 MR. WASSERMAN: Thank you. So those suffices
11 for purposes of the exhibit?
12 MS. LATORRE: I think that the depictions that
13 Mr. Bowman just made on the elevations were
14 acceptable to the Applicant, if I'm not mistaken, as
15 to being clear as to what he's recommending.
16 MR. MENZEL: I totally understand what he's
17 asking for and I will present that to Mr. Gal.
18 MS. REZANKA: We agree that represents what he
19 stated.
20 MS. LATORRE: Correct, not that you consent.
21 MS. REZANKA: Not that we accept it --
22 MS. LATOREE: That you understand what he's
23 recommending?
24 MS. REZANKA: Correct.
41 0 25 MS. LATORRE: Now, I'd like it to be passed
67
111 1 down to the other Board members so they can get a
2 visual depiction of what your recommendations are.
3 MR. BOWMAN: I'd like to let the audience see a
4 little bit --
5 MS. LATORRE: Okay. Sure.
6 MR. WASSERMAN: Do you think it would be,
7 perhaps if we can go through with the pointer what
8 we're depicting here.
9 MS. LATORRE: Mr. Bowman, please speak real
10 close into the mic.
11 MR. BOWMAN: I will do that. Thank you.
12 The primary front entrance here was the signage
110 13 and the entrance and is appropriate to make a
14 stronger statement with its height also. So that is
15 to be left.
16 The parapets are not, on the two sides, are to
17 be omitted.
18 The other tower tops, which I see four in this
19 picture, are to be brought down to just above the
20 existing band, which is in effect the new parapet
21 level.
22 This feature here was to be extended over the
23 window portion but not the columns for the tall
24 windows in this area through here.
411: 25 And I think there is some around the corner
68
1 that you see in other pictures.
2 The wainscot or lower section of material, that
3 is not appropriate or to be abused by foot traffic
4 or people kicking up on the stucco, would be from
5 the bottom of the windows to around.
6 That there would be landscaping in front of
7 these windows mixed in with the sidewalks, possibly
8 requiring a modification or a setback of the
9 building to allow for some space to do that so that
10 you also have safe passages on the sidewalks.
11 I don't know if we have the other side of that
12 building to show. Could you put that on the screen?
13 This one here.
14 Okay. The intent here was to not only break
15 the element down horizontally, but also to achieve
16 something vertically to give it more scale and
17 proportion so the lower band of wainscot, as I call
18 it, would continue around the building.
19 On the back side it would only be a six or
20 seven or eight inch band raised up off the ground.
21 It doesn't have to be the heavier treatment
22 materials.
23 This would be enhanced a little stronger.
24 These parapets would be some that would be
410 25 eliminated down to the one that is to remain, which
69
41 1, 1 is the top portion, and then vertically, at a spaced
2 amount. You can barely see some crevasses, vertical
3 crevasses in the picture even as you look at it.
4 They would be roughly creating a square, squares.
5 And that would break up the verticality of the long
6 width.
7 I didn't speak to any landscaping in the back.
8 It was strictly on the front.
9 What Barry has brought up is that removing one
10 of the bands on the front -- if we can go back to
11 that picture for a moment -- would uncover the roof
12 top units. Not knowing my plan view here with my
4I V 13 drawings exactly where those roof top units are,
14 they are implied to be maybe behind this band. But
15 how close, I don't know.
16 MR. MENZEL: We can set them back.
17 MR. BOWMAN: I think setting them back would be
18 a better -- I don't mind putting something in front
19 of them. But, I don't want it on the front
20 elevation.
21 Those are my proposals for approval with
22 conditions.
23 MR. WASSERMAN: So that the -- there was a
24 motion made with conditions and they have been
4E) 25 clarified.
70
1 I believe it was originally seconded.
2 Does that second stand?
3 MS. KELLEY: It stands.
4 MR. WASSERMAN: Any more discussion with the
5 audience?
6 MS. LATORRE: On the motion?
7 MR. WASSERMAN: On the motion, correct.
8 So on the motion for the improvements or the
9 proposed improvements, would the audience or anyone
10 care to see the renderings?
11 Or -- yes, sir. It's Mr. Spurrell -- or
12 Gordon?
13 (Thereupon, a member of the audience spoke.
14 The Court Reporter could not see who was speaking
15 because he did not come up to the mic. He also was
16 not clearly identified.)
17 MEMBER OF THE AUDIENCE: It's on the motion.
18 It's a question on the motion.
19 When you remove the portion that you were
20 talking about along the sides, is that going to make
21 the air conditioning units and the other equipment
22 that's on the roof visible?
23 MR. BOWMAN: No, actually the ones down the
24 side still exceed the height of the roof by almost
411 25 four feet, the portion I'm leaving. I'm only
71
1 removing the extra four feet above it.
2 MEMBER OF THE AUDIENCE: Great.
3 MR. BOWMAN: I don't believe there is any way
4 to get out of what you will see from the rear. But,
5 it's going to be up high and a fairly good distance
6 away.
7 MEMBER OF THE AUDIENCE: I would like to see it
8 continue all the way around.
9 MR. BOWMAN: I think it would be more
10 appropriate to do some sort of fencing or shielding
11 up close to the units themselves rather than the
12 expense of all the rest of it. And I think that
41) 13 could be done tastefully.
14 MEMBER OF THE AUDIENCE: Thank you.
15 MR. WASSERMAN: Okay. Thanks.
16 Any additional questions, comments from the
17 audience?
18 (Thereupon, there was no verbal response.)
19 MR. WASSERMAN: All right. So to vote on the
20 motion to approve the application as amended with
21 the exhibited recommendations, Susan, please call
22 the role.
23 THE CLERK: Walter Bowman?
24 MR. BOWMAN: For.
1E: 25 THE CLERK: Joyce Kelley?
72
1 MS. KELLEY: For.
2 THE CLERK: Rosalee Wolf?
3 MS. WOLF: For.
4 THE CLERK: Randy Wasserman?
5 MR. WASSERMAN: Against.
6 The motion passes. Thank you.
7 Thank you for your time this evening everyone
8 who has been present and given testimony.
9 (Thereupon, this hearing was concluded at 7:44
10 p.m.)
11
12
IL. 13
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20
21
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41. 25
73
IE; 1
2 CERTIFICATE OF REPORTER
3
4 STATE OF FLORIDA )
ss:
5 COUNTY OF BREVARD )
6
I, Vicki R. Glass, being a Registered Professional
7 Reporter and Notary Public in and for the State of Florida
at Large, do hereby certify that I was authorized to and did
8 stenographically report the foregoing proceedings; that the
transcript is a true and correct record of the proceedings.
9
I FURTHER CERTIFY that I am neither a relative nor
10 an employee of counsel, nor any of the parties in said suit,
and in nowise financially interested in the event of this
11 cause.
12 DATED this 14th day of March, 2012.
• 13 i
•
14 `� ,00(
15 VICKI R. GLASS, RPR-
16
17
18
19
20
21
22
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24
111 25
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9:17, 12:11, 52:18 apparel 1.11- 6:10
addressed 111 - apparent [11- 42:6 12.10, 18:19, 18.25, Avenue 121 1.17,
appeal 111 - 47:8 19:8, 20:4, 20:5, 2:16
s 16:14 24:24, 25:8, 26:24, aware [11- 20:3
addressing 131 - Appearance 151 -
11:7, 14:6, 17:12 3:25, 4:6, 6:3, 38:13, 38:22, 38:24, 39:2, awhile f11 10:12
632 - 2127111- 1:25 39:7, 40:22, 41:25, awkward [11 - 15:6
6:001.11- 1:19 adjourn in - 21:21 62:20
42:2, 45:4, 54:16 awning 111- 52.3
adjusted [11 - 48:21 appearance _f31
admit 111 42:3 6:23, 7:3, 25:3 architecture 111- awnings [51- 13:12,
7 admitted121- 39:25, APPEARANCE[31
25:3 13:16, 18:22, 18:24, -
1:5, 1:15, 2:2 Architecture 11- 46:3
44:2 7:24
7:44 - 72:9 adopt121 - 7:10, 42:1 APPEARANCES111- aye 111 - 8:23
2_1 Area [11 - 20:19
adopted [21 - 5:6, Aye fal 8:24, 8:25,
8 20:14 Applicant 11s1 2:11, area [361- 4:19, 4:23, 9 :1, 9:2
14:18, 20:7, 22:4, 6:19, 7.5, 7:8, 9.25,
advertises 1.11 57:6 10:14, 10:17, 17:25,
0
9dvert:21 9:2 22:22, 26:18, 34:16,
82401.11 2:12 36:21, 39:1, 40:1, 19:9, 19:12, 19:16,
59:5, 59:21, 59:22 19:22, 19:24, 20:10,
8401 1.11- 55:9 47:3, 60:4, 60:15, I
I
2
B belive [11 57:25 bowman's e rn - 50:6 44:25, 45:1, 45:15, 20:10, 20:13, 20:17,
0 - - benefit i1 i - 61:24 box [21- 21:7, 21:17 46:2, 46:5, 46:6, 32:21, 57:4, 61:12
benefits [11 33:16 breadth 111 49:21 46:11, 46:21, 46:24, cariil - 29:14
Bachelor's 111 - 7:24 better 181 - 13:5, break 161 - 12:16, 47:2, 47:5, 48:16, care 121 - 53:12,
background 111- 54:4, 54:5, 54:12, 49:22, 51:18, 63:16, 49:16, 51:22, 52:19, 70:10
31:16 55:2, 56:8, 56:9, 68:14, 69:5 53:6, 54:8, 54:11, carry in - 29:10
backside r11- 33:18 69:18 BREVARDJ1[ - 73:5 56:14, 56:18, 57:18, case [sl - 1:16,
bad 131 - 9:24, 23:11, between 121 - 24:23, Brevardjii - 1:18 58:19, 63:8, 63:15, 10:10, 12:16, 13:22,
36:15 35:19 bridge i11- 48:10 64:8, 64:10, 65:1, 65:16
balance jai - 4:16, big rsl - 17:17, bright 121 43:6, 68:9, 68:12, 68:18 catty [21 45:5, 46:9
17:23, 62:24 31:21 34:24, 35:7, 46:18 buildings [261 4:23, catty-corner j21 -
Banana [21 41:1, 55:22 brighter 111- 32:23 9:23, 19:12, 24:5, 45:5, 46:9
4 1: 2 bit l4l - 1 1 : 1 4 , 33:19, bring rsl - 4:11, 26:7, 28:6, 28:13, ceiling r11- 37:9
band rim - 34:18, 36:11, 67:4 48:10, 49:6, 49:13, 31:15, 32:25, 33:3, center 111- 32:7
35:11, 35:15, 36:6, black 111- 44:5 49:21 34:16, 34:20, 36:9, Center 111- 20:19
36:17, 37:15, 39:21, bland [21- 6:22, broken 111 - 13:5 36:24, 37:2, 43:24, central [21- 63:5,
49:8, 49:19, 51:21, 49:16 bronze/yellows-11- 44:13, 44:14, 44:16, 63:12
63:10, 63:11, 67:20, blend J11- 28:20 49:11 46:14, 46:19, 46:20, Central 131 - 6:6,
68:17, 68:20, 69 Board [241 - 4:1, 4:6, brought 121 67:19, 48:20, 54:24, 55:1, 20:16, 54:8
banding 1121 12:23, 6:3, 7:18, 8:20, 14:13, 69:9 55:15 certain in - 37:5
34:9, 34:13, 34:17, 22:9, 22:13, 23:23, Brown 141 - 2:8, built 161 - 10:14, certainly 131 12:9,
46:3, 49:4, 49:17, 33:10, 34:5, 36:14, 2:15, 3:19, 17:4 26:4, 45:7, 45:8, 13:10, 13:16
51:5, 52:10, 63:14, 38:13, 48:2, 48:7, brown [41- 17:13, 45:21, 45:22, 45:23, CERTIFICATEIii -
64:7, 64:9 46:7
50:3, 50:5, 58:11, 38:17, 41:22, 42:3 73:2
bands [11- 69:10 59:17, 62:20, 62:25, BROWN [111 - 3:19, burden 161- 28:10, certify in - 73:7
bannersjll - 54:22 64:16, 64:18, 67:1 3:22, 5:18, 5:20, 5:25, 60:14, 60:15, 61:2, CERTIFY 111 - 73:9
barely 111- 692 61:4, 61:5
BOARD [31- 1:5, 6:2, 15:8, 21:20, 22:7, cetera [11- 6:10
barrel rll - 11:10 1:15, 2:2 25:11, 64:24 Burger in - 45:21 Chair[11- 3:22
Barry [51 - 2:8, 3:19, board r21 - 30:18, Brown's [11 - 41:10 business [201 23:8, Chairman 111 - 38:12
• 9:16, 9:21, 11:9, 38:5 budget111 -34:24 27:3, 27:16, 27:24, Chairperson [21
13:20, 14:5, 69:9 boat 111 27:13 29:2, 29:10, 29:24,
build 1�1 32:21 2:3. 2:4
Barry's j11 - 11:14 BONDER [11 - 2:11 39:19, 39:23, 43:20, 30:23, 31:6, 36:18, challenging nl
base i31- 12:12, 47:4, 47:6, 55:20,
booknl 21:6 43:21, 46:16, 47:3 23:11
23:3, 63:7 bottom r21- 10:18, building 11141 - 4:21, 56:15, 56:17, 56:21, chance 111 23:16
based 1101 - 4:25, 56:23, 57:3, 57:7,
68:5 6:4, 6:7, 6:12, 6:17, change [71 - 11:16,
5:5, 22:23, 28:5, 59:23
bought [11 55:17 7:2, 7:3, 7:7, 9:23, 29:22, 33:8, 39:18,
28:16, 28:18, 29:3, businessesJ31-
Boulevard fat 1 :11, 10:2, 10:3, 10:6, 39:22, 65:22, 65:23
38:23, 61:13, 61:21 54:22, 56:22, 57:8
3:14, 6:6, 20:16 10:21, 10:25, 11:1, changing [21 - 12:4,
beach Ill - 6:10 BOWMANJ461- 11:5, 11:19, 12:4, buy m - 32:17 12:5
Beach i21 6:11, 5 :17, 8:24, 14:15, 12:5, 12:18, 12:20, character [121- 4:19,
31:20 21:3, 21:15, 21:21, 12:24, 13:1, 13:21, C 4:22, 10:8, 17:25,
beaches [21- 40:25, 22:4, 22:10, 23:3, 13:22, 14:7, 16:24, 19:8, 20:5, 38:21,
41:2 23:15, 23:22, 38:6, 18:11, 18:17, 23:6, c)(1 [11- 62:19 42:9, 42:12, 42:16,
Beachwavej111- 47:20, 50:8, 50:11, 25:4, 25:10, 25:12, c)(2 [1[ 62:21 57:24, 57:25
1:11, 3:13, 6:9, 6:11, 50:18, 50:22, 51:1, 25:15, 26:10, 26:12, c)(3 r11 42:18 characters ill - 37:3
11:3, 44:20, 45:24, 51:3, 51:6, 51:10, 27:5, 27:6, 27:9, cheap 111 34:25
c)(4 [11- 62:21
54:3, 54:17, 55:3 51:14, 51:18, 51:24, 27:13, 27:18, 27:19, c)(6 [11 43:6 cheaper ill- 34:21
beachwear _In - 6:9 52:3, 52:8, 52:12, 28:5, 28:8, 28:13, C_1 [21 17:15, 17:16 Chief [11- 8:7
Beachwear ji[ - 52:14, 53:9, 59:20, 28:14, 28:16, 28:18, C -5 111 53:3 choice 111- 48:5
28:22 60:11, 61:22, 62:12, 28:21, 28:22, 29:15, Canaveral mil- choices [21 48:2,
bears r11 60:15 62:16, 62:18, 64:9, 29:16, 29:23, 30:25, 1:17 1:18, 9:10, 9:13, 48:4
becomes 121 - 11:4, 64:12, 65:15, 66:1, 31:11, 31:12, 31:22, citizen r11 53:21
10:16, 20:10, 20:13,
59:8 67:3, 67:11, 69:17, 32:1, 33:25, 34:9, City r391 - 2:14, 9:10,
11
began [- 38:17 70:23, 71:3, 71:9, 34:21, 36:2, 36:5, 20:18, 32:22, 57:4,
61:12 9:14, 9:15, 10:16,
beginning 111 - 53:18 71:24 36:8, 36:9, 37:16, 10:24, 15:15, 15:18,
behalf 141- 3:3, Bowman [131 - 2:5, ' 37:19, 37:21, 37:24, cannot 111 46:23
canopy [21- 25:16, 15:23, 17:3, 18:18,
21:12, 22:19, 26:16 21:12, 21:24, 22:12, 38:19, 38:20, 39:18, 18:23, 19:25, 20:3,
behind [al - 25:4, 27:22, 47:20, 53:7, 39:19, 39:22, 41:23, 30 7
Cafe [111 1:17, 20:21, 21:13, 21:16, :7,
42:24, 53:24, 69:14 53:14, 65:9, 65:10, 42:20, 42:24, 43:20, 21:23, 22:6, 22:17,
belabor in 44:17 66:13, 67:9, 71:23 44:10, 44:19, 44:20, 9:10, 9:13, 10:15,
i
24:8, 24:16, 29:3,
3
29:21, 33:17, 39:1, colors [131 4:15, concern [al - 11:20, 50:22, 52:8, 56:16, 41:20
• 39:6, 39:16, 39:17, 17:11, 25:6, 32:23, 17:12, 30:22, 36:16 59:4, 62:4, 64:2, DATED 0] 73:12
40:12, 41:3, 41:9, 32:24, 33:1, 33:2, concernedJll 66:20, 66:24, 70:7, Dave 131 - 2:9, 26:21,
42:7, 47:9, 48:1, 43:1, 43:6, 44:13, 53:21 73:8 48:13
58:24, 60:24, 61:3, 44:20, 44:24, 46:17 concerns f81- 9:17, cost141 - 31:7, dealing 01- 34:24
61:12 column 121- 12:17, 9:20, 10:23, 11:7, 34:25, 37:2, 49:12 dealt pi' -25:6
city 11] - 28:24 34:14 12:12, 14:8, 55:13, cost -wise 01- 49:12 Dean 131 - 2:11,
City's 01- 40:4 columns f2l - 52:11, 60:6 Council 111 47:9 14:24, 38:15
clarification 131 - 67:23 concluded 01- 72:9 counsel 111 - 73:10 decent [11 - 57:18
64:1, 64:2, 64:17 coming f11 - 29:12 conditional f11 - 64:4 Counsel [1] - 56:1 decidesjzl - 33:10,
clarifications 111 - comment f2] - 38:7, conditioning f31- country f1 - 34:5 34:5
64:14 53:12 37:18, 48:25, 70:21 COUNTY Ii] - 73:5 decision [21- 22:23,
clarified 111- 69:25 comments113] - conditions f121- 4:7, County 121 - 1:18, 60:22
clarify 141 - 50:15, 8:17, 8:20, 23:18, 61:6, 61:9, 61:21, 8:8 decorate [11- 57:13
60:14, 61:20 34:8, 48:17, 50:4, 61:24, 62:18, 63:2, couple r21 - 24:10, deemed f21 - 4:25.
class 121- 54:18, 50:6, 53:14, 55:13, 64:17, 65:11, 69:22, 54:6 38:23
56:12 58:16, 59:18, 60:12, 69:24 course fii - 59:25 deficiencies [51 -
clear 181 39:10, 71:16 condominiums j]] - j Court [31- 40:2, 6:15, 7:1, 41:12,
39:11, 39:24, 40:2, commercial 01- 58:6 65:7, 70:14 41:14, 43:18
48:6, 55:14, 64:25, 10:13 conductjil - 4:4 1 courts 111 - 41:6 define 111- 13:13
66:15 commonly f21- 4:25, confirm 111- 28:23 Cove 111 - 45:13 definitions 121 20:3,
clearly 111- 70:16 38:23 conforms fit - 54:13 cover f31 - 4:15, 20:6
Clearwater hl - Community 151 consenthl - 66:20 17:21, 62:23 definitive f1] - 39:11
28:24 3:25, 4:6, 6:3, 38:13, consequence [11- CP f11 - 73:15 degree [41 - 7:24,
Clerk 01- 3:9 62:20 49:3 create [sl - 30:6, 7:25, 34:13, 37:5
CLERK 141- 71:23, COMMUNITY 131- consider [31- 34:16, 31:17, 32:6, 35:20, degrees f11 - 47:22
71:25, 72:2, 72:4 1:5, 1:15, 2:2 58:22, 62:10 53:8 Del [31- 53:24, 55:9,
client 181 - 27:2, community 1181 consideration's' - creates [11 - 34:10 58:12
28:2, 28:10, 28:18, 4:19, 5:2, 10:9, 18:1, 4:8, 21:25, 35:21, creating '21- 6:22, delete 01- 5:14
C) 30:2, 32:21, 42:6, 19:8, 31:2, 38:24, 50:9, 50:24 69:4 deleted nl 5:12
48:19 39:7, 42:12, 42:16, consistent i21 39:8, crevasses [2] 69:2, denial 121 4:4,
close 161 25:13, 55:21, 56:13, 56:20, 62:11 69:3 61:16
45:2, 64:19, 67:10, 57:5, 57:6, 58:1, 58:4, constructed j31- criteria f101 - 4:9, deny 121 47:7, 61:7
69:15, 71:11 61:24 6:4, 42:21 4:10, 19:24, 22:23, depict fll - 65:10
closer f1] - 38:2 company [21- 26:25, construction 111 43:11, 44:15, 60:20, depicting '11- 67:8
Coast 111- 57:8 45:15 26:24 60:21, 62:9, 62:11 depiction [11 - 67:2
cochere [11- 25:15 Company n1 - 31:21 consultants fa] - cross [1l - 14:18 depictions f21-
Cocoa 121 - 6:11, compared f1l - 58:20 3:15, 7:13, 22:18, cross - examination 65:12, 66:12
31:20 compatibiliti f2] - 22:21 111- 14:18 depressedjil-
code f31 - 40:16, 41:5, 41:7 consulting [2] - 8:5, cruise f11- 29:13 33:15
40:18, 59:15 compatible 141 15:24 cultural is1- 4:19, descriptionj21 -
Code f341 - 4:1, 5:6, 27:15, 46:17, 46:25, continually 111 17:25, 20:5, 42:9, 65:23, 66:8
17:3, 17:5, 17:8, 54:17 56:23 42:12, 42:16 design fz31 - 4:24,
18:13, 18:18, 18:23, competent J21- continue j3] - 52:1, currentfsl - 5:6, 6:16, 6:22, 7:9, 7:11,
19:3, 20:3, 20:6, 43:25, 61:1 , 68:18, 71:8 19:3, 45:9, 46:7, 18:20, 19:23, 23:7,
22:23, 39:6, 39:25, Complex 121- 1:11, continuously f11 48:24, 51:17, 51:22, 24:24, 30:3, 34:19,
40:7, 40:14, 40:20, 3:13 51:21 52:25, 60:6 38:22, 41:25, 42:2,
41:4, 41:15, 41:18, compliant f11 43:11 contract f71- 9:15, cut 01- 29:7 42:4, 45:4, 46:12,
42:4, 43:5, 43:12, complied [11 - 4:9 15:17, 15:20, 15:22, CVS 11] - 37:8 46:25, 48:5, 53:2,
45:7, 48:18, 59:6, compliment111 - ' 16:4, 16:7, 16:10 _ 55:15, 62:24
59:7, 59:8, 59:11, 37:15 contrast [2] - 4:16, D Design f41 - 2:9,
60:7, 60:17, 60:20, components 111 17:23 7:13, 7:21, 8:8
62:11 20:16 coordinated f21- designed riot - 7:7,
codes f11- 59:21 comprehensivejli - 4:17, 17:23 D'agrest f11 2 23:9, 33:23, 41:23,
cohesive 111- 39:7 40:21 corner [51- 6:5, damage 111 - 36:18 55:17, 56:10, 56:11,
collectively 11i - 62:5 Comprehensive f11 - 24:13, 45:5, 46:9, damaging 111 31:6 56:14, 58:4, 59:25
color is] - 11:11, 45:14 67:25 Danny Ili - 54:15, designing r11- 7:2
12:14, 44:6 comprised 11] - 6:8 correct n71- 15:11, 54:18 designs f21- 48:13,
coloredj2l - 12:14, compromise 111 - 16:24, 16:25, 17:14, date 111 - 20:15 54:16
65:16 35:11 23:2, 27:6, 50:15, dated f21 - 5:20, detains] - 11:11,
4
11:21, 12:12, 12:22, doom 111 - 29:4 elements poi - 12:6, evidence 141 22:1, facility 161 - 24:12,
S 16:23, 18:10, 18:25, door121- 13:7, 45:11 14:1, 14:2, 31:3,
doors f1] 43:25, 60:25, 61:1 26:5, 55:16, 56:10,
23:4, 50:16 63:11 35:19, 40:23, 40:25, exact 12:4 56:12, 58:4
details 1 1 1 - 12:15 down fls1- 1 0 : 1 , 5 2 : 1 , 64:4 exactly f61 - 15:2, fact f31- 9:25, 16:11,
determine ; pi -60:25 19:16, 27:11, 31:13, elevation[71- 10:19, 26:14, 29:17, 36:17, 19:7
detrimental 121 32:11, 32:25, 33:8, 10:22, 11:9, 11:22, 65:1, 69:13 fade f11 - 31:15
58:1, 58:2 49:22, 52:17, 57:7, 12:20, 65:14, 69:20 examination 111 fai1111- 61:17
Developmentjzl - 67:1, 67:19, 68:15, elevations fsl - 5:4, 14:18 failed of - 5:14
2:8, 3:20 68:25, 70:23 5:7, 6:25, 7:16, 10:18, example 131 - 7:10, failure 121- 28:9,
development 1111 - downtown ill - 66:13 28:20, 42:1 29:4
8:6, 10:13, 20:17, 28:24 elevenlil - 44:16 exceed 111- 70:24 fairly f31 - 12:11,
24:7, 25:21, 39:8, dozen [11 55:22 eliminated111 - except fzl - 48:23, 57:22, 71:5
47:1, 47:2, 53:24, draft f21- 16:5, 41:17 68:25 50:20 fake 131 - 23:5, 23:6,
54:2, 54:18 Draft 01- 16:12 emailed f11- 40:5 excessively rii - 27:23
developmentshl - drafting 111 - 5:14 embarkedjil - 9:14 42:19 familiar jai - 24:11,
10:9 drastic 01- 29:22 employee f1] - 73:10 excuse 01- 24:6 24:14, 24:17, 45:15
Devereux [11- 2:12 drastically 111 - 31:6 enclosure f11 - 45:6 exercise111 - 65:20 familiarize pi - 9:12
difference 111- 44:13 draw 121 - 31:25, encompassing nl - Exhibit fil - 16:17 far 121 59:3, 59:5
different 11 31 - 11:17, 65:5 15:19 exhibit [5] - 44:3, fathertil - 35:6
12:14, 13:15, 14:7, drawing 121 53:3, encourage 01- 39:6 57:1, 65:22, 66:6, favor [11- 8:22
25:1, 25:14, 25:18, 65:12 end 111 - 56:7 66:11 feature 111 - 67:22
25:22, 26:9, 26:12, drawings lit - 69:13 ends 111 - 57:8 exhibited 01 - 71:21 features 151 - 4:25,
41:9, 43:2, 43:3 draws 111- 11:5 Enforcemenj21- existing [41- 47:1, 11:10, 11:13, 12:11,
differently ri i - 12:3 drew 111- 31:14 59:8, 59:15 63:10, 65:5, 67:20 38:22
difficult 111 - 41:7 Drive 121 - 2:12, 55:9 engineer 111 - 47:21 exists 121 18:18, February fsl - 1:6,
dinosaurtil - 32:4 drive f41- 32:6, 32:8, engineering 111- 18:23 1:19, 5:20, 40:11,
direction 111 - 54:10 33:8, 35:7 26:24 expand [11- 65:25 41:20
directions 111 10:7 drivesol - 29:9 Engineers 111 - expanding 111- feet 1191- 6:12, 6:13,
directly 111 - 60:4 driving 121 - 29:14, 26:22 51:12 10:5, 11:23, 11:24,
III Director fzl 2:8, 35:22
dry 111 27:13 enhance 111- 33:19 expanse fat - 11:4, 13:9, 13:23, 18:3,
3:20 enhanced tzl 11:15, 12:22, 63:16 18:4, 27:18, 27:19,
disagree 131 - 54:6, duly nil 3:8 34:12, 68:23 expansesl3l - 34:22, 36:8, 36:10,
54:13, 54:23 duty 111 4:1 entail 111- 48:25 12:16, 46:8, 63:11 42:23, 42:25, 57:16,
disagreedji1- 48:9 entertainj2] - 8:10, expansive 151 - 70:25, 71:1
disappointed 111- E 50:12 16:22, 17:9, 32:15, fencing 111 71:10
54:1 - entirely (11 - 25:14 48:12, 49:23 festooned 111 - 59:2
disapprove f 11- 4:7 entity 111 28:16 expense Izl - 51:16, few 141- 9:14, 13:15,
discuss 131- 3:16, easier [2] - 65:6, entrance lsl - 27:11, 71:12 39:14, 47:18
9:8, 9:17 65:13 48:23, 49:9, 50:21, expert lei - 7:13, field nl - 62:2
discussed 151- 9:20, east 121 11:19, 51:12, 63:6, 63:12, 7:19, 8:11, 8:16, finally 111- 37:17
10:23, 17:11, 38:18, 46:12 67:12, 67:13 24:23, 39:25, 41:8, financial 121- 28:8,
40:8 eastern ill- 27:14 environment 111 41:12, 43:1 28:9
discussing 121- Economic 111- 16:2 57•5 explain 111 - 35:11 financially 111
40:7, 50:17 economic 111 - 35:16 Envision 131- 9:13, explaining 111- 41:7 73:10
discussion 141- economical in - 10:15, 20:13 exposure 111 - 27:17 findings 121 47:8,
47:15, 63:23, 66:3, 34:20 equipment)31 - extend 131- 51:21, 62:21
70:4 economically 111 - 37:18, 49:1, 70:21 63:10 fine f21- 26:9, 65:8
disproportionally 111 33:15 error (1l - 5:10 extended 121- 49:9, finished 111 - 66:5
- 6:17 education _pi - 47:21 especially [21 67:22 firm 121 14:24,
dissimilar_j31 -_ effect141- 40:13, 18:11, 35:1 extending 121 51:8, 26:23
42:19, 46:15, 63:9 45:8, 52:6, 67:20 ESQ (21 - 2:11, 2:14 51:9 first 181 6:2, 10:12,
distance fzl - 49:25, effort 111 - 48:10 essentially 111 - 62:2 extent 111- 59:7 13:18, 44:7, 44:18,
71:5 eight fl ] - 68:20 established 121- extra [11- 71:1 54:1, 56:11, 64:3
District 141 - 16:2, eighteen 141- 10:5, 4:22, 38:21 extremely 111 - 54:1 fits (11 - 13:4
16:12, 41:17, 48:8 18:3, 34:22, 49:14 et 111- 6:10 five fsl - 6:13, 11:23,
document 111- 20:14 either 131- 31:3, evaluating (1l - 5:3 F 13:3, 13:23, 25:13,
done fsl - 9:10, 42:20, 63:12 evaluation 111 - 7:15 36:24, 42:22, 42:25,
11:15, 12:9, 28:14, element (sl 25:17, evening 121 38:12, 54:24
31:5, 36:25, 48:15, 46:13, 49:6, 51:12, 72:7 facade 111- 12:6 flat 111 46:12
52:6, 71:13 68:15 event m 73:10 face ]11 12:18 flipping 01- 44:18
5
floor 131 - 13:19, G guidelines [81- 16:5, 10:5, 13:24, 48:20, include [21- 16:4,
1110 25:22, 36:25 -- 39:3, 39:12, 40:11, 49:10, 71:5 46:10
Florida fool 1:18, 43:12, 43:19, 45:9, highway fal - 10:20, included 141- 16:12,
2:13, 2:17, 7:22, 8:4, j gain 111- 33:17 46:22 27:7, 27:10, 41:3 24:4, 42:22, 65:11
8:8, 14:25, 26:23, Gal [31- 32:21, 35:4, guys [11- 21:1 hire to - 30:11 including fu - 21:18
38:15, 73:7 66:17 hired 111- 9:9 indicate121 - 4:14,
FLORIDA 121 - 1:24, garage [11 - 46:10 11 HOA 01- 55:12 17:20
73:4 Garganesejil - 2:15 - hold ft] - 40:3 indicated ril - 19:15
focus of - 32:19 pas [51- 27:10, 30:5, holds [11- 40:4 individual nl - 55:10
followtil - 56:6 30:7, 45:17, 45:19 half t51- 6:13, 11:23, hoping nl 30:10 industriatlil 27:11
followed ]11 - 30:2 general 1z1- 15:24, 13:3, 13:8, 49:14 horizontal dal inform n1 7:18
following f21- 4:9, 26:4 hand 131- 3:7, 10:21, 12:23, 51:12, 63:10, information Eli
6:15 generally 01- 41:5 61:14 6316 60:18
foot [7] - 13:4, 13:24, gentleman 111- handout [11 - 3:23 horizontally r21 initial 01 60:15
25:13, 37:9, 37:10, 54:24 hands [21- 3:5, 65:3 13:6, 68:15 Inn m 46:1
49:14, 68:3 given [21- 17:3, 72:8 hanging 121 - 31:5, hotels [31- 10:2, input (21 22:20,
footprtnt_01- 12:4 glance [21- 66:1, 55:2 10:13, 19:19 22:21
foregoing 73:8
66:7 happy 121 - 30:16, huge i21- 45:6, 46:8 inside nl - 31:22
forgot 01- 52 2:16 glass (azl 6:20, 7:5, 33:11 human 11 21 - 6:23, intended (i1- 25:18
formal 121- 9:6, 9:23, 9:24, 10:2, 10:4, hard [61- 30:6, 13:14, 19:2, 30:6, intent f31- 39:8,
22:13 10:25, 11:16, 16:22, 36:19, 54:21, 58:10, 30:8, 40:14, 45:19, 39:10, 68:14
formally Ill- 24:8
17:9, 17:10, 17:17, 64:19 48:10, 49:24, 52:20, interest rzl - 8:6,
forty ill - 25:13 17:22, 18:3, 18:4, harmonious f91- 53:8 49:5
forty-five in 1- 25:13 19:12, 23:12, 27:24, 4:17, 10:8, 17:24, hundred [51- 27:18, interested [11- 73:10
forward_ of - 30:11 28:15, 32:15, 34:21, 24:2, 26:3, 28:7, 36:8, 36:10, 42:23, interesting 01-
four n1l- 4:20,6:8,
34:24, 35:5, 35:6, 42:10, 62:25 42:25 58:18
6:24, 2 25:10,
35:9, 35:11, 35:17, harmony 1101 - 4:22, HVAC 121 50:25, Internet nl - 32:8
25:11, , 25 5:12, 46:2,
35:19, 35:20, 35:22, 24:6, 24:7, 24:25, 51:2 intersection 111-
36:25, 37:1, 37:4, 30:25, 38:20, 40:21,
67:18, 70:25, 71:1 44:9
ID 37:6, 45:6, 48:12, 42:9, 60:9, 62:6
frankly ill 33:21 I involved tai - 29:23
51:23, 52:7, 57:12, hate 65:20
free f l 47:25 issue 131- 33:9, 59:8,
59:1 hazardsli 1- 35:22
frequently rat - 57:2 59:14
Glass [11- 73:6 Health in - 45:14 idea 141 - 31:17,
friendly 111- 19:24 issued 111- 47:8
front i171 - 10:19, GLASS f11- 73:15 health [31- 61:11, 31:25, 40:1 issues Izl 16:21,
Go- KartJ21- 28:4, 61:13, 61:22 ideas 141- 12:2, 14:5,
24:19, 25:16, 26:11, 61:13
44:10 hear [el - 8:10, 22:2, 50:16, 60:8
33:18, 37:12, 49:9,
49:18, 52:15, 57:16, item til 6:2
golf 01- 59:25 22:15, 22:20, 22:21, identified j31- 6:15, 63:4, 67:12, 68:6, goods 01- 35:23 63:24 7:1, 70:16 itself (il - 31:13
69:8, 69:10, 69:18, GORDON 111- 53:20 heard [111- 16:20, identifies [11- 20:15
Gordon 1 31- 53:23 39:20, 41:6, 43:14, identity [21- 31:12, )
fronts ill - 48:11 55:5, 70:12 50:19, 50:23, 60:1, 32:13
fron
fruit nl 31:5
governed 121- 40:6, 60:2, 60:4, 60:8, 65:9 III [21- 3:24, 17:4 Jack 131- 53:23,
48:3 hearinglsl 4:4, imagesiil 9:7 55:13, 56:23
fully 0 r31 - 24:21, 36:20, 50:13, 64:19, immediate it - 60:5
42:20,42:21 governmentfil -8:7 J Joyce nl -71:25
great t zl - 58:11 7 2: 9 immediately 01- judges [11- 63:1
Fun st - 15:1, 38 , hearings [11 - 22:12 45:18
39:15, 39:19, 46:15 71:2 judgmentnt - 47:25
Fun's 01- 43:20
greater 121- 50:16, heavierlil - 68:21 impact [31- 35:1, judicialm - 22:14
62:24 heightl8t - 7:2, 37:3, 48:22 jump f21 21:6,
function ail 39:5 25:13, 48:19, 48:21, impart ril - 62:5
functional 131- ground161-4:15, 21:16
17:21, 25:17, 25:22, 48:24, 49:1, 67:14, implied to - 69:14 Jungle to - 6:5
33:24, 56:15, 56:16 3 70 :24 importantfz] -
FURTHER [11- 73:9 62:23, 68:20 justifiable m - 49:5
Group 131 2:9, 7:14, heightsh l- 11:22 30:24, 42:10
furtherance 131 held n1 - 1:16 imposed n - 6 1:10
61:11, 62:8, 62:10 7:21 K
guarantee t11- 30:24 help 121 22:18, improvements Jzl -
future tat 20:17, 52:11 70:8, 70:9
24:7, 25:20, 59:20 guess r61- 13:8,
25:21, 29:25, 35:24, helps nl - 13:13 impulse it - 32:9 Kart 121 28:4, 44:10
Future ill - 20:19 hereby [ 1] 73 KATHERINE 111 36:16, 58:19 inaudible 121 - 21:3,
ID guide 11] - 39:12 hiding 121 - 48:25, 35:18 2:14
guided _121- 60:7, 50:25 INC r11 1:24 keep (zl - 30:14,
60:20 high nt 6:12, 6:13, inch in 68:20 60:21
6
Keith nsl - 2:9, 7:14, 32:15, 32:16, 36:7, 14:6, 18:17, 23:5, 14:24, 38:15 37:22
0 7:20, 8:9, 8:11, 8:15, 40:18, 42:14, 44:23, 24:20, 27:21, 31:11, mean rim
20:12, midline f�l 34:13 -
9:5, 14:11, 14:19, 45:1, 45:9, 45:15, 31:13, 32:2, 32:8, 34:8, 36:12, 36:24, might f61- 12:3,
14:20, 15:12, 15:13, 46:2, 46:4, 46:12, 32:11, 34:15, 35:8, 37:5, 51:20, 51:23, 24:11, 37:5, 40:24,
16:20, 20:24, 23:14, 54:20 36:6, 44:17, 44:23, 61:25, 62:2 48:25, 50:24
23:18, 23:19, 24:1, larger 01- 31:1 53:3, 54:9, 54:10, means 111- 39:4 mile l21- 20:21,
41:12 largest [11- 27:13 56:2, 57:2, 57:15, meant fit - 64:12 23:10
kEITH 111 - 24:15 last161 - 4:5, 5:11, 57:17, 58:20, 65:15, meet [41 - 24:19, mind [31- 33:9, 58:8,
KEITH f381- 7:20, 5:13, 8:3, 40:10, 69:3 43:6, 57:8, 61:4 69:18
9:6, 14:12, 15:12, 41:21 looked [71 11:2, meeting 151 - 5:13, minimize [11 - 52:6
15:14, 15:17, 15:21, lately [11 - 37:2 12:1, 13:12, 25:19, 1 5:15, 9:19, 40:11, minute [11- 42:15
15:24, 16:3, 16:6, LATOREEji[ - 66:22 31:14, 32:20, 55:1 53:19 minutes [il - 65:7
16:9, 1 6 : 1 4 , 16:25, Latorrejil - 40:5 looking [021 - 10:4, MEETING [21 1:5, missing 111 - 54:22
17:2, 17:6, 17:10, LATORRE [331- 10:21, 12:1, 14:2, 1:16 mistakenlil- 66:14
17:15, 17:19, 18:5, 2:14, 3:6, 7:17, 14:17, 30:14, 36:2, 40:20, Melbournelzl - 2:13, mixed [51- 19:8,
18:9, 18:12, 18:15, 15:4, 15:7, 16:18, 41:4, 41:19, 42:8, 26:23 42:17, 44:1, 52:18,
18:21, 19:1, 19:4, 21:1, 21:12, 21:24, 44:12, 57:18 memberlil- 70:13 68:7
19:6, 19:10, 19:14, 22:12, 38:7, 50:12, looks f71- 10:25, MEMBER fsl - 64:21, model [61- 27:3,
19:18, 20:1, 20:8, 53:17, 59:3, 59:5, 14:7, 23:11, 32:7, 64:22, 70:17, 71:2, 27:24, 28:1, 31:6,
20:13, 20:22, 20:25, 59:10, 59:13, 60:14, 32:12, 57:21, 58:20 71:7, 71:14 36:18, 47:4
25:1, 25:12, 25:25, 61:9, 61:17, 61:23, losing nl - 28:4 membersjsl - 8:20, modificationhl -
26:6 62:8, 63:22, 64:1, love[11 - 58:9 14:13, 23:23, 38:13, 68:8
Kelley 121 2:4, 64:16, 65:8, 66:12, low f11 - 31:5 50:3, 50:5, 59:17, modifications 111-
71:25 66:20, 66:25, 67:5, lower in - 37:24, 64:18, 67:1 59:21
KELLEY f71 - 8:12, 67:9, 70:6 49:19, 52:20, 53:9, MEMBERS J1i - 2:2 modified fil - 55:25
9:2, 35:21, 36:3, law [1l - 14:24 63:5, 68:2, 68:17 memo [81- 5:9, 5:10, moment in - 69:11
63:25, 70:3, 72:1 lawyer n 1- 14:24 lowering [31- 7:2, 5:14, 5:18, 5:22, 5:25, money [31- 28:5,
Kendell [41- 2:9, lead 11 1- 56:2 48:23, 50:20 41:19, 41:20 54:15, 58:8
7:14, 7:20, 8:15 least [21 - 55:22 -- memorandum 131 - monolithic 181- 6:22,
III key 131 20:16, leave m- 1 59:25 M 5:17, 5:19, 41:10 11, 16:22, 18:6,
6 5:22, 65:24 leaving [21 57:9, men 111 21:5 19:13, 40:16, 45:10,
keys 11l 15:11 70:25 mention 151 50:19, 46:4 :21
68:4 MAI [2[ - 2:9, 26:22
kicking [11-
left [41 - 14:1, 57:19, main 121 50:21, 50:24, 51:5, 52:17, months [11- 39:14
Kim 121- 14:23, 62:2, 67:15 64:6
51:12 most[41 34:11,
38:14 length [1[ - 49:21 mentioned f91- 9:21, 47:23, 48:9, 54:25
major[sl 27:7,
KIMBERLY 01- 2:11
level nol - 2 5:17, 13:21, 19:3, 34:14, mostly [11- 25:6
kind fsl - 10:11, 43:8, 49:18, 52:12, 27:9, 27:11, 29:6, 47:18, 49:4, 52:10, motion fist - 8:10,
41:3
27:21, 28:25, 31:1, 52:13, 52:20, 53:9, 52:14, 64:9 8:14, 8:22, 50:11,
31:15 64:7, 64:13, 67:21 man's [1[ 29:2 MENZELfi71 - 50:12, 61:5, 61:17,
manner in - 4:17,
King [11- 45:21 Library f11- 1:17 26:18, 26:21, 30:20, 62:13, 62:15, 64:3,
14:7, 17:24, 24:2,
knowing 11 1- 69:12 light [11- 49:10 31:8, 34:18, 35:13, 65:11, 69:24, 70:6,
40:21, 42:10, 62:25
limitm - 59:21 35:24, 36:5, 36:22, 70:7, 70:8, 70:17,
March [11- 73:12 37:20, 37:24, 38:2, 70:18, 71:20, 72:6
L limitedJil 59:7 marking [11 -66:5
lipstick fi l - 57:23 53:3, 53:5, 53:10, moves - 8:12,
masonry[il - 12:14 66:16, 69:16
list m - 4:10 29:6, 30:11, 61:7,
lack 151- 6:21, 625, Masters fit - 7:25 Menzel f71 2:9,
11:21, 16:23, 18:10 live f41 53:23, 55:8, match [21- 33:3, 62:12
58:12, 58:13 26:21, 39:20, 42:13, MR 0991- 3:2, 3:10,
landscape 15] - 33:8 48:13, 49:2, 56:14
52:22, 52:23, 53:2, living [sl - 24:12, material fal 53:13, 3:12, 3:19, 3:21, 3:22,
26:3, 53:25, 54:2, merchandise [i1 - 5:17, 5:18, 5:20, 5:25,
53:5, 60:9 60:5, 63:9, 68:2 11:6 6:2, 7:20, 8:9, 8:14,
Landscape 131- 54:14, 55:16, 56:10, materials [sl - 4:15,
58:3, 58:9 messages fzl - 8:19, 8:22, 8:24, 9:1,
7:23, 7:24, 8:1 17:11, 17:21, 18:24, 57:10, 57:11 9:3, 9:5, 9:6, 14:10,
landscapin f8 LLC rzl 15:1, 38:16 68:22
3 local f21 5:1 38:24 met [sl - 29:20, 14:12, 14:13, 14:15,
4:14, 17:21, 52:18, matter [41- 4:5, 39:16, 42:7, 43:9, 14:20, 15:8, 15:12,
located [21- 6:11,
53:6, 62:22, 63:7, 29:25, 30:9, 56:20
7:21 43:10, 60:16, 60:20, 15:14, 15:17, 15:21,
68:6, 69:7 maximize 121 7:8, 61:2, 61:5 15:24, 16:3, 16:6,
language [11- 5:12 location [21 - 28:3, 41:24
2823 mic [41- 15:4, 64:19, 16:9, 16:14, 16:25,
Large nl - 73:7 McDonald's 111- 67:10, 70:15 17:2, 17:6, 17:10,
111) logic f11 56:6
large nsl 12:16, 45:5 mics m 15:9 17:15, 17:19, 18:5,
18:9, 18:12, 18:15,
look r301 - 4:20, 5:9,
19:12, 19:13, 31:19, Mead [31 2:11, middle fzl 28:24,
9:16,11:15,11:16,
7
18:21, 19:1, 19:4, 18:10, 18:13, 18:16, 10:22, 11:18 30:9 10:3, 10:10, 17:24,
• 19:6, 19:10, 19:14, 18:22, 19:2, 19:5, Notary 111 73:7 opportunity 121 - 19:22, 19:25, 20:2,
19:18, 20:1, 20:8, 19:7, 19:11, 19:15, note 111 65:22 3:16, 14:18 23:7, 24:3, 42:13,
20:13, 20:22, 20:25, 19:23, 20:2, 20:9, nothing rim - 18:2, Opportunity fil - 45:20
21:3, 21:15, 21:20, 20:20, 20:23, 21:1, 20:23, 40:14, 40:16, 16:2 particularly -
21:21, 22:4, 22:7, 21:12, 21:24, 22:12, 40:18, 41:13, 41:14, opposed 101- 9:3 32:24
22:10, 23:1, 23:3, 26:1, 26:14, 35:21, 43:21, 45:20, 56:7 option of - 51:24 parties fit - 73:10
23:13, 23:15, 23:17, 36:3, 38:7, 38:10, nowise 111 - 73:10 orange 111 45:1 passagesjil - 68:10
23:22, 23:23, 24:1, 38:12, 50:12, 53:17, number [al - 4:20, Orange [21- 2:16, passed til - 66:25
24:15, 24:18, 2 5 : 1 , 59:3, 59:5, 59:10, 6:17, 6:19, 6 : 2 1 , 6:24, 8:8 passes 121 63:1,
25:11, 25:12, 25:24, 59:13, 59:19, 60:14, 39:16, 58:6, 65:24 order 121- 16:9, 72:6
25:25, 26:6, 26:15, 61:9, 61:15, 61:17, Number 111- 3:12 61:15 passing ill- 48:16
26:18, 26:19, 26:21, 61:18, 61:23, 62:8, originally 121- 34:18, past of - 42:6
30:18, 30:20, 30:21, 63:22, 63:25, 64:1, 0 70:1 pedestrian 11'-
31:8, 34:8, 34:18, 64:16, 65:4, 65:8, - Orlando f21- 2:17, 19:24
35:10, 35:13, 35:24, 66:12, 66:18, 66:20, 7:22 peer i l l - 35:23
36:5, 36:12, 36:22, 66:21, 66:22, 66:24, objectives 1211 otherwise HI- 59:2 people 1211 10:1,
37:13, 37:20, 37:23, 66:25, 67:5, 67:9, 30:23, 36:3 ourselvesjll 9:13 13:1, 13:4, 19:16,
37:24, 38:1, 38:2, 70:3, 70:6, 72:1, 72:3 obvious [21 7:7, outlet [11 - 6:9 19:20, 22:5, 29:9,
38:4, 38:6, 38:8, multiple 111 - 34:15 41:23
38:11, 47:11, 47:14, Obviously fit- 36:4 outline 34:10 29:12, 30:11, 30:12,
47:17, 47:20, 50:2, obvioush - 25 outside m 10:13 31:18, 31:25, 32:6,
N overall [1] - 12:5 35:22, 37:4, 45:24,
50:8, 50:10, 50:11, ocean 12l - 41:1, 47:6, 56:17, 56:25,
50:14, 50:18, 50:19, 41:2 Overlay fal 16:2,
16:12, 41:17, 48:8 68:4
50:22, 50:23, 51:1, name 1121 3:17, OF 1101- 1:15, 64:21,
7:17, 7:20, 14:22, overlay f21 - 16:5, perhaPSlsl 24:22,
51:2, 51:3, 51:4, 51:6, 64:22, 70:17, 71:2, 40 9 52:11, 60:8, 65:21,
51:7, 51:10, 51:11, 14:23, 26:20, 26:21, 71:7, 71:14, 73:2,
38:14, 53:15, 53:23, own 171- 26:8, 67:7
51:14, 51:15, 51:18, 73:4, 73:5 permit fll - 42:22
51:20, 51:24, 52:2, 55:7, 55:8 Office fit 45:2 28:16, 32:13, 33:5,
narrow n 19: 43:1, 57:1, 59:7 permitted 01- 42:21
52:3, 52:5, 52:8, 52:9, office 131- 36:24,
•
52:12, 52:13, 52:14, natural fil - 44:20 owner 1�1 27:1 person 1211 22:5,
54:24, 54:25 48:14, 56:21
52:21, 53:3, 53:4, nearby n t 9:11 offset 131 12:18,
P personal In - 26:8
53:5, 53:9, 53:10, necessarily 121 12:21 - personally ill -
53:11, 53:20, 55:5, 13:17, 35:15 offsets ii i - 12:19
58:15, 58:18, 59:4, necessary 111 6per
old P.AnI -2:15 persons_il -38
59:9, 59:12, 59:15, 42:14 omitted fil - 67:17 p.m 121 - 1:19, 72:10
59:20, 60:1, 60:11, need [91- 7:10, pertaining 171 - 50:4
one 13x1 4:12, 5:9, packet tal - 5:5, pharmacy nl - 37:8
60:13, 61:8, 61:20, 14:17, 30:13, 32:10, 5:24, 6:17, 9:19, 9:21, 5:21, 44:8, 60:19 phrases pi- 42:9
61:22, 62:4, 62:12, 42:1, 50:13, 54:20, 10:18, 10:23, 12:12, page [21- 4:3, 44:16
physical fil - 27:17
62:14, 62:16, 62:17, 56:12, 56:13 12:22, 13:10, 13:20, i paid [21- 15:15, 22:6 pickfif - 15:5
62:18, 63:20, 63:24, needed 11 1 - 64:15 15:8, 17:15, 17:16,
64:2, 64:9, 64:11, needs f71 28:19, pain fil 65:20 picked f�l 15:7
17:22, 25:19, 27:1, painting 111 33:3 picture 181- 27:5,
64:12, 64:14, 64:24, 29:3, 29:8, 30:4, 31:14, 33:3, 34:14,
panels 1i1- 35:17 28:21, 29:17, 52:24,
65:13, 65:15, 65:19, 32:12, 64:16, 64:18
36:3, 40:7, 40:8, 44:4, paragraph 131- 4:6, 52:25, 67:19, 69:3,
66:1, 66:5, 66:10, negative Ill - 57:10 50:20, 51:10, 52:16, 24 41:21
69:11
66:16, 67:3, 67:6, never 131 - 22:10, 58:12, 62:16, 63:4, paragraphs 21 pictures ill 28:13,
67:11, 69:16, 69:17, 48:5, 49:24 63:19, 65:5, 65:12,
69:23, 70:4, 70:7, new fal 10:12, 5 5 68:1
65:24, 68:13, 68:25, parapet [31- 6:13, piece nl - 55:19
70:23, 71:3, 71:9, 45:22, 55:12, 67:20
71:15, 71:19, 71:24, next 181 - 3:12, 69:9 37:10, 67:20 pig fit - 57:23
One n l -16:17 parapets 16) - 37:21, pilasters 1il - 63:15
72:5 19:21, 27:10, 30:5, ones fsi - 24:21,
48:24, 50:22, 63:4, pillars f11 - 49:20
MS test - 3:6, 5:19, 38:9, 44:16, 44:22,
44:5, 49:10, 49:11, 67:16, 68:24 lace to f. - 58:12
5:24, 6:1, 7:17, 8:12, 45:11 55:23, 70:23 P
paren rzt - 4:12, 4:20 laced ril - 3:22
8:13, 8:25, 9:2, 14:17, nice f41- 11:9, 11:12, open 121 - 35:7, P
parking 131 29:7, Ian fat - 3:4, 3:6,
14:23, 15:4, 15:6, 34:10, 57:22 P
50:13 29:8, 37:12
15:7, 15:13, 15:15, nine fil - 31:15 opening f11- 13:7 Part n 1 5:5 9:12 53:2, 29:6, 53:5 53:5, , 12
69: 92:23,
15:19, 15:22, 16:1, normal m - 22:14 , ,
opening 121 13:13, 1124, 12:20, 19:23,
16:4, 16:8, 16:11, normally f21- 22:4, 13:18
Planner 121 7:23,
16:16, 16:18, 16:20, 22:12 19:25, 25:8, 29:15, 8:1
III
opinionfsl 24:23, 34:25, 35:3, 35:4
17:3, 17:7, 17:13, north 131 6:24, 26:8, 26:13, 30:1, planner l�l 47:21
17:16, 18:2, 18:6,
particular 4:18, planners pi] 43:14
8
Planning 1101 - 2:8, presented no] - proposals 111 - 69:21 R reference 121- 20:9,
• 2:9, 3:19, 7:13, 7:21, 28:12, 31:4, 48:12, propose 121 49:8, 58:3
7:25, 8:8, 36:13, 53:1, 53:13, 56:1, 60:11 referenced 121-
58:25 58:23, 59:2, 60:8, proposed nal - 4:13, Racetrac ril - 45:17 17:4, 43:13
planning lal - 15:24, 60:25 4:21, 6:7, 24:5, 25:23, racetrack 121 - 54:2, references pi -
22:18, 25:7, 54:19 preserving f11- 38:19, 40:9, 42:23, 54:4 18:19
plans 1121 - 3:3, 4:13, 40:22 44:10, 46:15, 46:23, Radisson n1- 44:22 referred 111- 56:24
4:21, 15:16, 15:20, president 121 - 26:22, 53:24, 60:3, 70:9 radius f11 - 23:10 referring 111 - 60:21
17:19, 24:5, 24:18, 55:11 prototype 111 - 47:4 raise lal - 3:4, 3:7, refers 111 - 20:18
38:20, 39:12, 42:18, pretty 141 - 25:13, prove 111 - 43:25 37:3, 58:7 refrains 111 - 58:13
54:16 32:9, 33:12, 57:23 provide 141 12:22, raised 111 68:20 regard [11 - 62:6
play [21- 21:6, 21:17 previous 121 5:15, 15:23, 21:13, 63:14 Randy !al - 14:17, regarding [31- 50:6,
plenty n1- 37:11 24:20 provided [51 - 41:10, 49:4, 63:19, 72:4 60:5, 60:6
podium 141 - 14:21, price 111 - 37:4 41:21, 43:9, 44:9, rather [41 - 6:22, Registeredyl - 73:6
23:19, 53:17, 55:6 primary 131 - 6:8, 60:19 11:18, 35:14, 71:11 regulated f1l - 59:6
point 1121- 36:15, 36:16, 67:12 provisionshl - 59:7 Rem - 1:10 regulations f1l -
46:23, 54:13, 54:23, prime 121- 7:10, 42:1 public 121- 38:7, read 141- 4:11, 5:23, 59:11
56:7, 56:8, 58:3, principals f21- 5:1, 50:13 17:5, 41:11 related f31- 40:22,
58:18, 59:23, 61:15, 20:4 Public f21- 1:17, reading 111- 38:17 62:1, 62:3
62:19, 65:1 principleslzl - 73:7 reads in - 3:24 relative rsl - 20:10,
pointed 111 - 17:14 38:24, 39:2 Puerto 131 - 53:23, real 141- 27:23, 20:11, 24:2, 41:14,
pointer rzl - 64:25, printed f11 - 43:24 55:9, 58:12 57:24, 57:25, 67:9 73 : 9
67:7 private f11 - 8:5 pulling 111 - 29:13 reality f11- 27:9 relatively f11- 45:22
pointing 121 - 51:10, problem _RI - 23:12, Purcell's 111 - 46:10 really [141 - 9:6, relevant f3l - 4:18,
65:6 56:24 purchase in - 16:9 10:11, 11:12, 12:25, 17:24, 42:11
points i31- 50:8, proceedings 121 - purpose 131 - 39:8, 19:21, 26:10, 29:24, remain 121 - 14:21,
50:18, 54:6 73:8, 73:8 39:10, 62:21 37:3, 39:17, 52:5, 68:25
poles fll - 45:16 process [21- 22:14, purposes 131 - 63:22, 57:22, 58:8, 64:18 remedied111- 7:1
policies in - 40:22 55:23 65:4, 66:11 realm 111 36:13 remember131-
411) Polk r1l 1:17
product
hl 28:2, pursuant - 39:5 rear 11] - 71:4 20:14, 24:10, 63:19
porte f11 25:15 28:19, 29:16, 30:4, put f�l 30:12, 31:9, reason 131 33:20, remove 111- 70:19
porte - cochere f11 - 34:1, 56:18, 57:16 35:14, 45:3, 50:8, 3419, 37:10 removing 121- 69:9,
25:15 Professional f11 - 65:24, 68:12 reasonable 131- 71:1
portion J51- 35:5, 73:6 putting 111 - 69:18 61:13, 61:23, 62:3 renderings fl l -
67:23, 69:1, 70:19, professional111- reasons [51- 35:15, 70:10
70:25 22:18 Q 35:16, 39:20, 47:3, replacing tn. - 28:4
portions f11 - 49:16 profitable Of- 33:16 62:19 report 111 - 73:8
position 01- 47:25 project [51- 4:14, receive f11 - 24:19 Reporter121- 70:14,
qualifications fil - recognize 121 - 5:12,
positions f1l - 48:15 9:13, 30:10, 33:24, 73:7
positive 01- 57:10 39:15 7:19 57:22 REPORTER -8:11
2
qualify , 111 -
possible l3l - 49:18, projected�ll - 5:7 q recommendation Ill 73:2
65:20, 65:21 projects 111 - 11:2 8:15 - 5:4 Reporters 111 65:7
possibly [41 - 28:9, propertiestil - 31:1 qualities 111 24:22 recommendations REPORTING 01 -
35:20, 49:20, 68.7 Property 111 - 43:23 quality 121- 37:6, 121- 67:2, 71:21 1:24
Post 111- 45:2 property f71- 6:5, 58:5 recommended111 represent lzl 15:1,
potential 111 - 60:9 9:11, 33:14, 40:3, quasi 111 22:14 65:11 38:16
practice 111- 8:5 43:17, 58:2, 58:7 quasi- judicial 111 - recommending 121 - representative i31-
practicing 111 - 8:1 proportion P[ - 10:5, 22.14 66:15, 66:23 25:20, 52:24, 53:1
predominantly f11 - 11:1, 11:8, 12:7, 37:7, questions (181- record 0o1 - 3:18,
8:17, 8:19, 14:14, representing f11
31:12 49:13, 68:17 7:18, 14:22, 26:20, 27:1
preference 111- proportionally 111 21:1 23:17, 23:20, 53:16, 55:7, 60:15, represents ill -
16:18 27:6 23:21, 23:24, 30:16, 65:4, 66:4, 73:8 66:18
present [al - 21:25, proportionately 111 38:5, 38:6, 47:12, redevelopmen ,jll - request i21- 11:14,
22:8, 33:11, 34:6, 36:7 47:14, 50:3, 50:5, 20:17
47:7
59:18, 71:16 reduce 131 35:1
61:3, 65:17, 66:17, proportionspi Request RI - 1:10,
72:8 4:15, 17:21, 62:23 quibble f11- 57:19 58:6, 63:4 3:12
PRESENT 111 -2:7 proposal flol -4:18, quitenl 36:11 reduced fll - 7:6 require 111 -50:24
fsl 9:18, 10:12, 16:6, quoted f11- 63:17 reduction n 1- 5 2:7
I presentation
9:7, 9:21, 38:10, 16:8, 16:21, 17:25, refer 131 20:18, required rat 60:17,
60:18, 62:11
38:17, 40:10 24:3, 42:11, 42:14 24:2, 57:1 requirements 131 -
9
29:20, 60:16, 60:18 rights 121- 40:3, seconded 121 64:5, showing 121- 21:19, soon 111 57:24
0 requiring 111 - 68:8 43:17 70:1 60:16 sorry 'to' 14:20,
Residence 111 46:1 Rinqdahl 111 54:15 secretary 111 64:16 shown lsl 11:22, 15:13, 33:9, 37:17,
residential 131- 43:3, Rio 131 - 53:24, 55:9, Section 111 - 40:20 13:2, 13:15, 13:22, 44:4, 47:12, 51:11,
43:4, 55:25 58:12 section 171- 3:25, 49:18 62:14, 62:17, 65:19
resistant [21- 35:2, River f2] - 41:1, 41:2 4:2, 5:6, 17:14, 40:25, shows 111- 44:9 sort [121- 9:8, 9:22,
37:3 Road 111 7:22 62:7, 68:2 shrink [11 - 13:21 11:4, 12:8, 12:14,
resolved ill - 49:17 road 121 19:21, sections 111- 40:6 shutting fii - 57:7 12:15, 12:17, 14:1,
respect 131 - 4:24, 27:12 see 1451- 10:17, side x111 10:21, 25:15, 49:19, 52:3,
24:20, 38:21 role 121- 22:24, 10:19, 11:4, 11:11, 11:18, 11:19, 16:23, 71:10
response f72] - 8:18, 71:22 12:6, 12:10, 12:19, 18:11, 46:4, 63:12, sorts [11- 57:13
8:21, 9:4, 16:19, roof 1131 - 6:14, 13:1, 13:4, 13:7, 68:11, 68:19, 70:24 south 121 - 6:24,
23:25, 30:19, 47:13, 11:10, 25:9, 37:20, 13:23, 25:5, 27:5, sides 131 - 37:21, 16:23
47:16, 50:7, 58:17, 48:24, 49:1, 49:18, 27:20, 29:15, 31:8, 67:16, 70:20 souvenirs 111 - 6:10
66:9, 71:18 52:10, 64:7, 69:11, 31:11, 32:7, 32:15, sidewalk 121 - 52:19, Space '11- 57:7
responsibilities ill- 69:13, 70:22, 70:24 33:21, 33:23, 37:8, 63:8 space f21 - 6:18, 68:9
21:11 room f31 14:3, 37:11, 37:16, 37:22, sidewalks 131 - spaced Ill - 49:20,
responsibility f21- 27:25, 53:10 37:25, 40:12, 43:15, 19:21, 68:7, 68:10 69:1
21:4, 22:8 Rosalee 111- 72:2 44:12, 54:7, 56:3, sight 1n- 27:12 spare f11- 55:11
responsible f21 - rough 121 12:2, 12:8 56:17, 56:22, 56:25, sign 111 - 37:6 speaking 131 - 21:5,
21:18, 21:22 roughly 01- 69:4 61:14, 65:15, 66:7, signage [51- 7:8, 53:21, 70:14
rest [21 10:6, 71:12 RPR 111 - 73:15 67:3, 67:18, 68:1, 14:4, 41:24, 59:6, SPECIALISTS f11 -
result 111 - 58:5 RPR -CP 11]- 73:15 69:2, 70:10, 70:14, 67:12 124
retail f151 - 6:4, 6:18, rule 111 - 47:25 71:4, 71:7 significance 111- specific 141 - 9:16,
10:13, 11:3, 27:9, rules f11- 48:3 seeing 111 - 29:16 36:23 11:7, 20:6, 48:5
28:1, 28:5, 28:7, 32:3, run 111- 29:2 seem 111 - 41:19 significant 141 - 4:25, specifically 171 -
32:6, 35:4, 35:5, sell f71- 6:10, 28:2, 36:9, 38:23, 39:4 16:1, 17:8, 17:10,
49:23, 57:2, 57:21 S 28:19, 30:4, 32:1, signs 111 - 59:6 18:21, 34:4, 35:10,
retailer [31- 27:3, 32:14, 56:18 similar1121- 11:3, 62:22
27:7, 37:8 selling Izl 29:16, 25:6, 25:9, 26:7, specifications [4
29:18
]21 3:25, sacrificing [21- 7:9, 29:18 28:14, 42:19, 43:1, 4:13, 4:24, 17:20,
62:20 41:25 sells 121 28:1, 34:2 43:2, 46:14, 46:18, 38:22
review f61 4:5, 6:4, safe 111 - 68:10 sense f11 10:16 46:20, 55:13 spend 111 - 58:8
15:16, 15:20, 36:14, safety 141 - 36:15, sent 111 - 28:21 simple 111 - 12:11 spent 111- 54:15
43:8 61:11, 61:13, 61:22 sentence 111 - 4:5 simplicity [21- 4:17, spoken 111 - 63:2
reviewing nl - 5:3 sale 111 - 57:3 separate Is] - 16:6, 62:24 spokesmen f11-
revisions 111- 55:22 sand 121- 21:6, 16:8, 16:9, 51:18, single 131 - 6:7, 6:18, 49:6
Rezanka 14:23, 21:17 52:11 31:12 SPURRELL111-
38:14 sat 111- 25:4 Servicesjl l - 45:14 sit lzl - 25:4, 29:1 55:8
REZANKA 1431
save 111 - 59:25 services 111- 15:25 site 111 - 42:23 Spurrell 131 - 55:8,
2:11, 14:23, 15:6, saw f11 - 28:12 serving 111 23:8 six 191 - 4:10, 6:12, 58:15, 70:11
15:10, 15:13, 15:15, scale 1301 4:16, set f2] - 59:10, 69:16 11:24, 13:3, 13:8, square 121 - 20:21,
15:19, 15:22, 16:1, 6:23, 11:8, 12:7, 13:3, setback 111 68:8 13:24, 23:9, 31:23, 69:4
16:4, 16:8, 1 6 : 1 1 , 13:14, 1 7 : 1 1 , 1 7 : 1 2 , setting 141 4:14, 68:19 squares 111- 69:4
16:16, 16:20, 17:1, 17:22, 19:2, 19:3, 17:20, 62:22, 69:17 size f61- 9:22, 12:25, ss 111 73:4
17:3, 17:7, 17:13, 25:22, 26:10, 30:7, seven [21- 13:8, 29:11, 36:10, 44:13, Staff 1111 - 3:15,
17:16, 18:2, 18:6, 30:8, 31:13, 32:11, 68:20 47:4 21:13, 21:16, 21:24,
18:10, 18:13, 18:16, 40:15, 43:2, 45:19, seventeenjil- 18:4 sketch 01- 12:8 22:17, 22:19, 22:20,
18:22, 19:2, 19:5, 46:19, 48:11, 49:7, several[31- 19:11, sketched11] - 12:2 27:8, 39:17, 52:15,
19:7, 19:11, 19:15, 49:22, 49:23, 49:24, 23:9, 64:3 so- called 121 - 31:5, 58:11
19:23, 20:2, 20:9, 52:20, 53:8, 62:23, shall 171- 17:9, 36:18 staff 121- 6:15, 22:17
20:20, 20:23, 38:10, 68:16 17:17, 17:20, 18:3, softness 111 53:9 Staffs 121 22:7,
38:12, 61:15, 61:18, schemejll - 11:11 18:4, 18:8, 18:14 sold [11- 11:6 22:15
65:4, 66:18, 66:21, screen [31 5:8, shame 111- 59:24 solution 131- 12:9, stance 121 - 31:2,
66:24 53:1, 68:12 shielding 111- 71:10 13:10, 13:11 33:12
rezonedddyl - 55:25 seats 111 - 3:23 show f5] - 29:17, someone 121 - 26:11, stand 151 - 3:4, 3:7,
rhythm 121 4:16, second [71- 8:13, 43:25, 57:24, 65:7, 36:1 15:3, 56:8, 70:2
17:23 8:15, 44:2, 63:20, 68 :12 somewhat 151 - 15:6, standard [5] - 41:5,
41, right- hand)11 63:22, 63:24, 70:2 showed 121 11:9, 34:12, 46:14, 46:15, 41:6, 43:7, 55:14,
10:21 Second 111 63:25 13:18 52:14 56:1
10
•
standards[1z1- 49:12 4:18, 4:23, 10:9, 23:25, 47:13, 47:16, 28:7, 29:2, 30:6,
•
7:11, 20:5, 39:7, structure [61- 4:21, 17:25, 24:3, 24:8, 50:7, 58:17, 66:3, 30:24, 34:23
39:24, 40:2, 40:9, 6:8, 7:4, 12:5, 23:8, 31:1, 42:11, 42:15, 66:9, 70:13, 71:18 tryinq 27:8,
42:2, 42:4, 43:5, 45:4, 42:20 47:1 third [z[ - 4:3, 13:25 27:15, 28:2, 32:14,
46:7, 46:23 structures 131 - 4:23, surroundings [1] - thirty[21 - 6:13, 49:6
standing [21 21:5, 24:6, 34:12 60:5 11:23 turns [1 1- 54:9
26:11 stucco Eli- 68:4 Susan [11- 71:21 thirty-five [21- 6:13, twenty [7] - 6:12,
stands lit - 70:3 stuff [21- 25:7, 32:16 swear [11- 3:2 11:23 8:2, 8:3, 11:24, 27:18,
started [11 - 32:23 style [17] - 10:3, sworn [2] - 3:9, thoughts [21 - 29:1, 36:8
State [21- 8:4, 73:7 11:1, 11:3, 14:7, 53:18 30:14 twenty -four [1] - 8:2
state [el - 3:17, 7:17, 18:19, 19:9, 19:13, systemslil - 50:25 three [71 - 6:21, twenty-six [21- 6:12,
14:22, 16:20, 17:17, 25:2, 25:9, 26:6, 26:8, 16:21, 31:22, 31:23, 11:24
26:19, 53:15, 55:6 42:17, 43:2, 44:1, T 37:21, 44:22, 63:11 two rim- 5:11, 5:15,
STATE[11 - 73:4 45:22, 45:23, 46:11 throughout [1] - 42:6 6:19, 7:3, 13:1, 14:2,
statement f21- 48:6, style -wise [1] - 26:6 throw [11- 52:16 18:17, 21:5, 23:5,
67:14 styledlll - 1:16 table111- 15:4 tile [1] - 11:10 24:4, 27:21, 31:14,
statements [2] - styles [21 - 26:9, 41:9 talks [5] - 10:7, 20:4, today [11- 40:5 40:6, 41:22, 43:8,
47:24, 62:20 subcontractors [1] 40:20, 41:11 42:18 toned [11- 32:25 44:22, 65:3, 67:16
states [21 17:8, 30:13 tall n sl - 6:18, 13:4, tonight [si - 3:7, 5:3, type [51- 18:19,
13:9, 18:4, 27:19,
17:19 sublectiveyi - 39:3 22:2, 30:15, 43:15, 23:7, 23:8, 25:2,
27:20, 28:15, 31:22,
States [1] - 27:14 submit [s] - 16:16, 1 60:2 27:16
station [5] - 27:10, 38:25, 40:1, 55:16, 34:22, 37:10, 37:11, took 131- 11:14, tYPes [1] - 13:15
30:5, 30:8, 45:17, 57:4, 60:17 51:14, 63:12, 67:23 11:15, 34:22 typically [11- 34:11
45:19 submittal 121 - 9:17, taller rzl 14:1, top f131 - 3:24, 6:14,
51:15
statistics [11 - 36:1 13:2 10:20, 11:23, 34:9, U
stay [11- 57:14 submitting [21 tallest [11 27:13 37:1, 37:16, 37:19,
tan[11 -49:10
staying [1] - 10:1 22:5, 39:12 37:20, 64:12, 69:1,
-.
stenographically [11 subparagrap j21 _ tastefully [1] - 71:13 69:12, 69:13 ultimately, [21
taxes [1] - 58:8 27:25, 29:4
- 73:8 17:15, 17:16 tops [1] - 67:18
C140) ten [51- 23:10, uncover nl - 69:11
step [1] 23:3 subsection i21- total [11 31:24
27:19, 37:9, 43:24 under [91- 9:15,
stepping t11 - 21:3 17:18, 18:7 totally 111- 66:16
tenant [11 -6:9 11:11, 15:17, 16:7,
still [71- 13:24, substantial [1] - 61:1 tourist [z] - 57:1,
22:24, 23:13, 36:6, success [5] - 33:24, t [1l 29:13 5721 16:10, 17:15, 45:8,
- 23:4
at 23:4, 48:22, 70:24 35:4, 35:5, 56:15, terms f towels [1] - 55:1 46:7, 60:21
24:24, 36:14, 36:18 understood fit-
stood [11- 3:8 56:17 tower f21- 63:5,
tested [11 48:3 59:16
storagey] - 27:13 successful 171 - 67:18
l - 3 : 6
store [4] - 32:4, 27:3, 27:4, 28:1, 28:6, testifying towers [4] - 12:21 uniform [31- 39:6, ,
testimony[111 40:21, 44:14
48:11, 54:3, 54:17 47:6, 56:21, 56:22 48:23, 50:20, 63:5 uniformity [1] - 33:7
stores [3] - 6:10, sudden [11 - 57:21 14:10, 21:13, 22:1, town [1] - 32:2
6:11, 34:1 suffices [2] - 66:8, 22:15, 22:16, 43:10, Town [11 - 20:19 unique f11 39:5
60:2, 60:23, 60:24, Unit[il - 55:9
stories [sl - 27:21, 66:10 I track [1] - 28:4
31:14, 31:22, 31:23, sufficient [21- 6:25, 61.3, 72.8 tracks [i 1- 44:10 United [11 27:14
31:24, 44:23 43:16 texture izl - 4:16,
traffic [21 units [s] - 6:8, 37:20,
35:22,
17:11 69:12, 69:13, 70:21,
story [141 - 6:7, 6:18, suggest pit - 16:12 68:3 71:11
Thai [21 - 44:25
7:3, 13:1, 14:2, 18:17, suggestedlzl- training [11- 47:21
23:5, 25:10, 25:11, 18:16, 18:24 THE [131- 1:15, 6:2, unity [21 4:16,
transcript [11- 73:8
64:21, 64:22, 70:17, 17:22
25:12, 25:19, 36:24, suggesting, [2] - TRANSCRIPT [11
46:2, 54:24 9:24, 12:25 71:2, 71:7, 71:14, 1:15 unproven, [11 - 28:9
71:23, 71:25, 72:2, up [241 - 3:12, 10:1,
street [a] - 27:10, suggestions111 - trash [11 57:2
72:4 12:16, 13:5, 15:5,
29:7, 29:8, 54:9 16:13 treatment21 - 6:25,
strickef1 t - 41:22 suit ill - 73:10 themselves ill 68:21 15:7, 19:16, 27:2,
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strict f11- 43:12 Suite [21- 2:12, 2:16 71.11 treatmentsj21- 7:6, 31:9, 32:8, 36:25,
strictly [1] 69:8 superimpose r11 therefore [4] - 6:20, ,, 59 :1 44:19, 56:8, 57:24,
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thereupon [21 68:4, 68:20, 69:5,
strongerjsl - 49:17, superior [11 - 40:4 32:25, 39:18 69:9, 70:15, 71:5,
51:5, 52:10, 64:6, support [3] 30:19 72:9
57:17, trouble [1l - 49:14 71:11
THEREUPON [11
67:14, 68:23 59:20, 59:24 true [z] - 20:20, 73:8
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19:16, 19:20, 29:14 7:5, 7:6, 7:8, 12:16,
wall i11- 6:19 41:24, 67:23
vague rii - 40:4 walls 121 - 19:13, windows 1291 -
valid f11 - 22:25 46:12 13:24, 33:23, 40:19,
value 121 - 36:20, WalterJ51 - 47:17, 42:5, 44:21, 44:24,
37:16 47:20, 50:2, 66:5, 45:1, 45:9, 45:10,
values f21 58:2, 71:23 46:4, 46:8, 46:18,
58:7 wants 171 30:2, 49:10, 49:15, 51:14,
various fsl - 40:22, 33:6, 39:19, 45:23, 51:15, 51:17, 51:25,
40:24, 44:24 45:24, 47:3, 57:4 54:20, 54:25, 55:2,
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verbal viz - 8:18, 34:1, 63:17 63:9, 63:12, 67:24,
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47:16, 50:7, 58:17, WASSERMANJ851- wish 121 34:3, 48:6
66:9, 71:18 3:2, 3:10, 3:12, 3:21, wished f11- 48:20
verbally 171 - 65:23 8:9, 8:14, 8:19, 8:22, wishes [21- 32:21,
vertical fs1- 12:15, 9:1, 9:3, 9:5, 14:10, 39:23
35:19, 49:20, 52:1, 14:13, 14:20, 23:1, witness 141 - 7:13,
63:15, 69:2 23:13, 23:17, 23:23, 7:19, 8:11, 8:16
verticality Ill- 69:5 24:1, 24:18, 25:24, WOLF 191- 5:19,
vertically [21- 68:16, 26:15, 26:19, 30:18, 5:24, 6:1, 8:13, 8:25,
• 69:1 30:21, 34:8, 35:10,
36:12, 37:13, 37:23, 26:1, 26:14, 59:19,
Vice f11 2:4 72:3
Vice - Chairperson_ 38:1, 38:4, 38:8, Wolf f21 2:6, 72:2
111 - 2:4 38:11, 47:11, 47:14, wondering 111 15:8
vicinity f11- 26:5 47:17, 50:2, 50:10, Woodcock f11- 7:22
Vicki 111 - 73:6 50:14, 50:19, 50:23, written fs1- 39:3,
VICKI [11 - 73:15 51:2, 51:4, 51:7, 46:22, 47:7, 52:17,
Viera [21- 14:24, 51:11, 51:15, 51:20, 65:23
38:15 52:2, 52:5, 52:9,
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44:7, 69:12 53:11, 55:5, 58:15,
viewing 111 - 5:7 58:18, 59:4, 59:9,
Village/Traxx f11 -. 59:12, 59:15, 60:1, Xtreme fsl - 15:1,
6:5 60:13, 61:8, 61:20, 38:16, 39:15, 39:19,
visible 121- 27:12, 62:4, 62:14, 62:17, 43:19, 46:15
70:22 63:20, 63:24, 64:2,
vision rii - 20:10 64:11, 64:14, 65:13, Y
visioning f11 - 20:20 65:19, 66:5, 66:10,
visual t11 67:6, 69:23, 70:4,
67:2 year 121- 39:16, 42:6
visualizing f11- 70:7, 71:15, 71:19,
72:5 years131 -8:2, 9:14,
54:21 24:10
volume 111- 32:16 watching 111 - 55:18
vote rzl - 61:16, ways 01- 14:6 Z
71:19 website 01- 43:24 - -
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W Weiss 111 - 2:15 Zachary'sJ11- 45:11
welcome 131 - 20:25, zone 111 - 43:4
25:25, 26:19 Zoning 131 - 36:14,
wager111 - 55:21 welfare r11- 61:11 58:25, 59:1
wainscot tsl - 49:19, west tal 6:24,
52:12, 52:13, 64:12, 45:18, 46:9, 46:11