Letter to Council Member and Chair from Mike Barnette
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Subject: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
Good afternoon Council Chair Driscoll and Councilman Montanari:
I wanted to bring an issue to your attention regarding the subject project (DRC 21-33000018). On January 5, 2022, the Development Review Commission (DRC) discussed a proposed vacation to Pershing Street related to a Special Exception and Site Plan request to construct a new middle school and YMCA on residentially zoned property. In the minutes from the Council's February 17, 2022 meeting, a January 5, 2022 DRC meeting was summarized, which indicated "Two speakers expressed concerns about traffic impacts from the new school and YMCA, but each stated that they did not object to the vacation." This is incorrect, as documented in the January 5, 2022 DRC meeting minutes and confirmed with one of the individuals who opposed the action (screenshot below, but DRC minutes are available online).
Subject: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
Good afternoon Council Chair Driscoll and Councilman Montanari:
I wanted to bring an issue to your attention regarding the subject project (DRC 21-33000018). On January 5, 2022, the Development Review Commission (DRC) discussed a proposed vacation to Pershing Street related to a Special Exception and Site Plan request to construct a new middle school and YMCA on residentially zoned property. In the minutes from the Council's February 17, 2022 meeting, a January 5, 2022 DRC meeting was summarized, which indicated "Two speakers expressed concerns about traffic impacts from the new school and YMCA, but each stated that they did not object to the vacation." This is incorrect, as documented in the January 5, 2022 DRC meeting minutes and confirmed with one of the individuals who opposed the action (screenshot below, but DRC minutes are available online).
Residents in the affected neighborhood have repeatedly and increasingly voiced concerns with the proposed project's design, specifically the redesign/expansion of Pershing Street and placement of a parking lot off Pershing Street, which will route excessive traffic through the adjacent neighborhood. We believe we have not been properly informed or engaged in this process by the applicant, DRC, or the St. Petersburg Council. The process has not complied with the St. Petersburg City Code of Ordinances for planning and zoning decisions. For instance, Section 16.70.040.1(F) outlines the protocol for engaging the affected public. We believe the applicant and DRC have failed to comply with the intent and specific requirements of Section 16.70.040.1(F)(1-3). Section 16.70.040.1(F)(3) states "Target area. The target area for the public participation process shall [emphasis added] include the following: (b) The neighborhood in which the subject property is located." Residents not only within 300 feet of the subject action (i.e., Section 16.70.040.1(F)(3)(c)) -- but farther and still within the adjacent affected neighborhood and, therefore, within the target area -- have not been properly notified or engaged in this process, as recently acknowledged by the project team.
We would respectfully request the DRC and Council revisit the approved vacation of Pershing Street given the aforementioned misrepresentation of project objections and so as to properly hear concerns of affected residents who were not properly informed or engaged in this process.
We appreciate your consideration on this matter.
Respectfully,
Michael Barnette
727-560-2554
RESPONSE FROM: Elizabeth Abernethy, AICP
Director, Planning & Development Services
City of St. Petersburg
from: Elizabeth Abernethy <[email protected]>
to: "Michael C. Barnette" <[email protected]>
cc: Dave S Goodwin <[email protected]>,
"Scot K. Bolyard" <[email protected]>,
"Corey D. Malyszka" <[email protected]>
date: Mar 16, 2022, 8:25 PM
subject: RE: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
Mr. Barnette,
Thank you for your correspondence regarding notice for this item.
You should have received the notice letter which we mailed earlier this week with the following information regarding the upcoming public hearing for the two applications.
These items will be first on the agenda.
The staff reports will be available by March 30th and I can forward them to you if desired.
The Public has been scheduled to be heard by the Development Review Commission on Wednesday, April 6, 2022, at 10 a.m. at City Hall, Council Chamber, 175 5th Street North, St. Petersburg, Florida.
I verified that all property owners within the required 300-feet received the letter, including yourself.
Here is the applicable language from the code:
16.70.010.4. - Supplemental notice.
Written notice. Notice shall be mailed by the applicant to all neighborhood associations and business association representatives within 300-feet of the subject application, the Council of Neighborhood Associations (CONA), and the Federation of Inner-City Community Organizations (FICO) and the owners of property as listed by the county property appraiser's office, any portion of which is within 300 feet of any portion of the subject property measured by a straight line, property line to property line. For applications to vacate rights-of-way, easements, and walkways, mailed notice shall also include all property owners within the blocks abutting the requested vacation and property owners within 200 feet of such blocks.
The signs were posted this morning, and the newspaper advertisement will be published in the Tampa Bay Times on Wednesday March 23rd.
The Public Participation section of the code that you referenced in your email, 16.70.040.1.F. relates to the City’s recommendations for the applicant to reach out to the residents ahead of the application.
I will include your email in the staff report package if desired, and any other feedback you would like to provide will be in the package for the DRC if it is received by March 29th. Any correspondence received after that date when the staff report has been completed will be forwarded to the DRC members prior to the hearing.
Please let me know if you have any further questions.
Best Regards,
Elizabeth Abernethy, AICP
Director, Planning & Development Services
City of St. Petersburg
O: 727-893-7868
E: [email protected]
When he didn't receive the notice on the DRC hearing promptly, this email was sent by Mike:
From: Michael C. Barnette <[email protected]>
Sent: Wednesday, March 16, 2022 9:02 PM
To: Elizabeth Abernethy <[email protected]>
Cc: Dave S Goodwin <[email protected]>; Scot K. Bolyard <[email protected]>; Corey D. Malyszka <[email protected]>; Rick Carr <[email protected]>; nick litterello <[email protected]>; David Nicholson <[email protected]>
Subject: Re: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
Hi Elizabeth-
Thank you for your reply. I have not received the letter as of today, but will be on the lookout for it. I would also greatly appreciate receiving the referenced staff reports when they are available after March 30.
Regarding the April 6 meeting - will this meeting and assumed DRC recommendation supersede the January 5 vote given the lack of previous notification?
I also appreciate your clarification regarding 16.70.040.1.F.
I would strongly recommend the city revise the language of that section of code if the legal interpretation that these are indeed merely recommendations; perhaps getting confirmation from your General Counsel would help clarify this interpretation. Using the word "shall" has, in the past at least, implied a requirement. I am aware "must" is clearer language in that regard (i.e., "should" versus "must"). Regardless, the applicant did not elect to comply with your recommendations (or requirements).
Please include this email chain in the official record. We are also notifying our neighbors and we plan to attend the April 6 meeting. Can you please forward the protocol for the DRC meeting - specifically 1) are there public comment time limits, and 2) can questions be asked by the public or are you only receiving public comment?
Thank you!
Respectfully,
Michael Barnette
Another response from the city's Elizabeth Abernethy:
from: Elizabeth Abernethy <[email protected]>
to: "Michael C. Barnette" <[email protected]>
cc: Dave S Goodwin <[email protected]>,
"Scot K. Bolyard" <[email protected]>,
"Corey D. Malyszka" <[email protected]>,
Rick Carr <[email protected]>,
nick litterello <[email protected]>,
David Nicholson <[email protected]>
date: Mar 17, 2022, 10:32 AM
subject: RE: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
I have attached a copy of the notice letter for your convenience.
The second page includes detailed information regarding the proceedings.
Any decisions made at the April hearing will supersede the January.
Please let me know if you have questions regarding the proceedings.
I am attaching the Registered Opponent form in case you want to submit it.
This will give you 10-minutes to speak instead of 3-minutes, and the option for cross examination and closing/rebuttal
If there are multiple registered opponents, then the 10-minutes would need to be shared, and anyone wanting to speak that is not part of the 10-minutes can use the 3-minute option instead.
Best Regards,
Elizabeth Abernethy, AICP
Director, Planning & Development Services
City of St. Petersburg
O: 727-893-7868
E: [email protected]
We would respectfully request the DRC and Council revisit the approved vacation of Pershing Street given the aforementioned misrepresentation of project objections and so as to properly hear concerns of affected residents who were not properly informed or engaged in this process.
We appreciate your consideration on this matter.
Respectfully,
Michael Barnette
727-560-2554
RESPONSE FROM: Elizabeth Abernethy, AICP
Director, Planning & Development Services
City of St. Petersburg
from: Elizabeth Abernethy <[email protected]>
to: "Michael C. Barnette" <[email protected]>
cc: Dave S Goodwin <[email protected]>,
"Scot K. Bolyard" <[email protected]>,
"Corey D. Malyszka" <[email protected]>
date: Mar 16, 2022, 8:25 PM
subject: RE: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
Mr. Barnette,
Thank you for your correspondence regarding notice for this item.
You should have received the notice letter which we mailed earlier this week with the following information regarding the upcoming public hearing for the two applications.
These items will be first on the agenda.
The staff reports will be available by March 30th and I can forward them to you if desired.
The Public has been scheduled to be heard by the Development Review Commission on Wednesday, April 6, 2022, at 10 a.m. at City Hall, Council Chamber, 175 5th Street North, St. Petersburg, Florida.
I verified that all property owners within the required 300-feet received the letter, including yourself.
Here is the applicable language from the code:
16.70.010.4. - Supplemental notice.
Written notice. Notice shall be mailed by the applicant to all neighborhood associations and business association representatives within 300-feet of the subject application, the Council of Neighborhood Associations (CONA), and the Federation of Inner-City Community Organizations (FICO) and the owners of property as listed by the county property appraiser's office, any portion of which is within 300 feet of any portion of the subject property measured by a straight line, property line to property line. For applications to vacate rights-of-way, easements, and walkways, mailed notice shall also include all property owners within the blocks abutting the requested vacation and property owners within 200 feet of such blocks.
The signs were posted this morning, and the newspaper advertisement will be published in the Tampa Bay Times on Wednesday March 23rd.
The Public Participation section of the code that you referenced in your email, 16.70.040.1.F. relates to the City’s recommendations for the applicant to reach out to the residents ahead of the application.
I will include your email in the staff report package if desired, and any other feedback you would like to provide will be in the package for the DRC if it is received by March 29th. Any correspondence received after that date when the staff report has been completed will be forwarded to the DRC members prior to the hearing.
Please let me know if you have any further questions.
Best Regards,
Elizabeth Abernethy, AICP
Director, Planning & Development Services
City of St. Petersburg
O: 727-893-7868
E: [email protected]
When he didn't receive the notice on the DRC hearing promptly, this email was sent by Mike:
From: Michael C. Barnette <[email protected]>
Sent: Wednesday, March 16, 2022 9:02 PM
To: Elizabeth Abernethy <[email protected]>
Cc: Dave S Goodwin <[email protected]>; Scot K. Bolyard <[email protected]>; Corey D. Malyszka <[email protected]>; Rick Carr <[email protected]>; nick litterello <[email protected]>; David Nicholson <[email protected]>
Subject: Re: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
Hi Elizabeth-
Thank you for your reply. I have not received the letter as of today, but will be on the lookout for it. I would also greatly appreciate receiving the referenced staff reports when they are available after March 30.
Regarding the April 6 meeting - will this meeting and assumed DRC recommendation supersede the January 5 vote given the lack of previous notification?
I also appreciate your clarification regarding 16.70.040.1.F.
I would strongly recommend the city revise the language of that section of code if the legal interpretation that these are indeed merely recommendations; perhaps getting confirmation from your General Counsel would help clarify this interpretation. Using the word "shall" has, in the past at least, implied a requirement. I am aware "must" is clearer language in that regard (i.e., "should" versus "must"). Regardless, the applicant did not elect to comply with your recommendations (or requirements).
Please include this email chain in the official record. We are also notifying our neighbors and we plan to attend the April 6 meeting. Can you please forward the protocol for the DRC meeting - specifically 1) are there public comment time limits, and 2) can questions be asked by the public or are you only receiving public comment?
Thank you!
Respectfully,
Michael Barnette
Another response from the city's Elizabeth Abernethy:
from: Elizabeth Abernethy <[email protected]>
to: "Michael C. Barnette" <[email protected]>
cc: Dave S Goodwin <[email protected]>,
"Scot K. Bolyard" <[email protected]>,
"Corey D. Malyszka" <[email protected]>,
Rick Carr <[email protected]>,
nick litterello <[email protected]>,
David Nicholson <[email protected]>
date: Mar 17, 2022, 10:32 AM
subject: RE: YMCA Partnership Middle School - misrepresentation of opposition to aspects of the project
I have attached a copy of the notice letter for your convenience.
The second page includes detailed information regarding the proceedings.
Any decisions made at the April hearing will supersede the January.
Please let me know if you have questions regarding the proceedings.
I am attaching the Registered Opponent form in case you want to submit it.
This will give you 10-minutes to speak instead of 3-minutes, and the option for cross examination and closing/rebuttal
If there are multiple registered opponents, then the 10-minutes would need to be shared, and anyone wanting to speak that is not part of the 10-minutes can use the 3-minute option instead.
Best Regards,
Elizabeth Abernethy, AICP
Director, Planning & Development Services
City of St. Petersburg
O: 727-893-7868
E: [email protected]