TAMPA CITY COUNCIL
JANUARY 14, 2016
5:30 P.M. SESSION

DISCLAIMER:
This file represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all
capital letters and any variation thereto may be a
result of third-party edits and software
compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.

[ SOUNDING GAVEL ]
05:35:05 >>FRANK REDDICK:
Good evening.
We're going to call this meeting to order.
Roll call.
05:35:09 >>CHARLIE MIRANDA:
Here.
05:35:09 >>THE CLERK:
Suarez? Capin?
05:35:12 >>YVONNE CAPIN:
Present.
05:35:12 >>HARRY COHEN:
Here.
05:35:19 >>GUIDO MANISCALCO:
Here.
05:35:21 >> Montelione? And Reddick?
05:35:21 >>FRANK REDDICK:
Here. 5:30.
Public hearing, items 1 through 3.
We've got a motion to open the public hearing from
Mr. Miranda.
Seconded by Mr. Cohen.

All in favor of the motion, aye.
Opposed.
Item number one.
05:35:35 >>GLORIA MOREDA:
Gloria Moreda, Land Development.
The item is for a text amendment to chapter 27.
It's an amendment to the use table involving the
office professional district OP-1.
They are adding commercial uses as well as some
entertainment uses.
It also includes amendments to the special use
criteria involving S-1 in the OP-1 district.
This application has been privately initiated.
City Council did have a workshop and Planning
Commission staff is here to report.
They want me to tell you the Planning Commission
found them consistent.
05:36:29 >> Good evening, Mr. Chairman.
My name is David -- and Council members.
My name is David Mechanik.
305 South Boulevard, Tampa, Florida.
I'm here on behalf of RS Westshore LLC, which is a
property owner having quite a few properties along
the east side of Westshore Boulevard between
Cypress Street and Laurel Street.
We are proposing, as Gloria indicated, we are

proposing to add uses, permitted uses to the OP-1
zoning district, which my client's property is
designated.
These are mostly what you would call limited or
low intensity site retail uses as well as some
entertainment uses, alcoholic beverage sales.
We have added as part of the proposal restrictions
for the alcoholic beverage sales, which include
the fact that these uses can only be established
on an arterial road and may only be established if
they are greater than 250 feet away from a
single-family residence, a school or a church.
And there are other restrictions that we've
included in the proposed text amendment.
The rationale for this change is that the OP-1
district, which is -- can't really see this too
well on the ELMO.
In fact, Ms. Montelione pointed out at the
workshop, since we're showing the entire city,
it's sort of difficult to see where you are, but
I'll try and pinpoint the areas.
The areas in hatch mark are the OP-1 zoning in the
entire city.
And you can see that there are very few of those
designated parcels.

Now, what is shown in the red is the regional
mixed use land use category in the comprehensive
plan.
And the reason I'm showing that is because the
OP-1 is only allowed within the regional mixed use
category.
You can see these areas are limited to the
urbanized areas of the city and include Westshore,
the Channel District, Harbour Island, Tampa
Heights and a few isolated other urban areas of
the city.
The reason I make this point is because we're not
talking about adding these uses in neighborhood
areas.
Certainly with the restriction on the
establishments being located on an arterial road
would limit the effect of these uses and not
impact particular neighborhoods.
The other important point to consider is that the
regional mixed use category is a mixed use
category and the comp plan assumes that we will
promote the regional mixed use areas for mixed use
projects.
The OP-1 category without these amendments does
not really allow a true mix of uses, so with the

addition of these uses that we are proposing, it
would allow for a true mixed use type of project
that you would hope to see, for example, along
Westshore Boulevard and that type of thing.
So with that, I will be happy to answer any
questions.
Sorry.
I'm a little out of breath.
I got caught in a traffic jam, and I sort of had
to run about six blocks to get here on time.
05:40:18 >> That makes three of us today.
05:40:23 >>YVONNE CAPIN:
Because they opened the new lanes.
05:40:25 >> There were a lot of things going on.
05:40:32 >>FRANK REDDICK:
Any questions from Council?
Anyone in the public wish to speak on item number
1?
05:40:36 >> Move to close.
05:40:38 >>FRANK REDDICK:
Got a motion from Mr. Miranda,
seconded by Mr. Cohen.
All in favor of the motion, aye.
Opposed?
Mr. Miranda.
05:40:46 >>CHARLIE MIRANDA:
Chairman, move an ordinance
presented for first reading, file number E2015-8
CH 27.

On ordinance of the City of Tampa, Florida,
related to office districts, office professional
uses and regulations, making certain revisions to
the City of Tampa Code of Ordinances, chapter 27,
zoning and Land Development, amending section
27-132 regulations governing individual special
uses, amending section 27-156, official schedule
of district regulations and schedule of permitted,
accessory, and special uses by district.
Repealing all ordinances or parts of ordinances in
conflict therewith, providing for severability,
providing an effective date.
05:41:31 >> Second.
05:41:31 >>FRANK REDDICK:
Got a motion from Mr. Miranda.
Seconded by Mr. Suarez.
Any discussion on the motion?
All those in favor of the motion, aye.
Opposed?
05:41:40 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on February 4
at 9:30 a.m.
05:41:46 >>FRANK REDDICK:
Item number 2.
05:41:56 >> Randy Goers, the city's planning and
development department.
I'm here to handle item number 2.

This illustration should look familiar to you.
This is the plan amendment that you approved in
October/November for the area in West Tampa, the
area that we called the West River area.
At that time, you approved the plan amendment
designating the area in salmon color neighborhood
mixed use-35.
And the lower left corner, the sort of pinkish
color, CMU-35.
While this plan amendment was in process, we were
working with the Tampa Housing Authority and
development in updating what the West River master
plan.
And what we began to realize was the area that is
in the community mixed use area, the CMU-35 wasn't
the most appropriate planned category for what was
being planned.
That was because they were moving the residential
areas off and creating some different types of
intensity in that area.
What we determined, better served by NMU-35,
basically taking the whole area and making it a
plan category of NMU-35.
Under state law, though, or procedures for plan
endments, the city has the option when we

proffer a plan amendment to either adopt as
recommended, withdraw, or adopt with changes
before it's transmitted.
So what we're coming back to you with a change to
basically adopt with changes.
The ordinance in front of you would make
everything that you see, except the blue, all
neighborhood mixed use-35.
And that would allow us to move forward on a plan
endment that would be consistent with the plan
and what we're trying to do is prepare for the
Choice Neighborhood Grant this spring and make
sure that that our plan -- that our regulations
are consistent -- or the development is consistent
with the regulations that we're proposing.
So if there are any questions, I would be happy to
answer those questions.
05:43:50 >>FRANK REDDICK:
Any questions from Council?
Anyone in the public wishing to speak on item
number 2?
05:43:56 >>CHARLIE MIRANDA:
Move to close.
05:43:57 >> Second.
05:43:57 >>FRANK REDDICK:
Motion from Mr. Miranda.
Seconded by Ms. Montelione.
All those in favor of the motion say aye.

Opposed?
Mr. Suarez, care to read number 2?
05:44:05 >>MIKE SUAREZ:
Thank you, chair.
I present an ordinance for first reading and
consideration, an ordinance amending the Tampa
comprehensive plan future land use element future
land use map for the property located in the
general vicinity south of the Hillsborough River,
west of North Boulevard, north of interstate 275
and east of North Rome Avenue from residential 35,
R-35, public/semi public and recreational/open
space, R/OS, to neighborhood mixed use-35, NMU-35,
providing for repeal of ordinance number 2015-112,
providing for repeal of all ordinances in
conflict.
Providing for severability.
Providing an effective date.
05:44:48 >> Second.
05:44:48 >>FRANK REDDICK:
Motion by Mr. Suarez.
Seconded by Mr. Cohen.
Any discussion of the motion?
All those in favor of the motion say aye.
Opposed?
05:44:57 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on

February 4th at 10:30 a.m.
05:45:04 >>FRANK REDDICK:
Item number 3.
05:45:05 >> Good evening, Council members.
David Hay with your Planning Commission staff.
I'm here to basically fill in the doughnut of that
plan amendment you just had.
Tonight it's 15-12.
That's the next amendment.
It is publicly initiated by the City of Tampa.
It is approximately 3.59 acres of an overall
5.47-acre parcel.
Again, the property is owned by the City of Tampa
also.
And the request is to amend the currently adopted
future land use category of the site, which is the
public/semi-public, to that neighborhood mixed
use-35.
We're familiar with the area.
It's within the Central Tampa planning district.
It's just outside of the West Tampa Urban Village.
The West Tampa Urban Village is just to the west
of the subject site.
Here is a better picture of the subject site.
It's right in the middle of all that that you just
approved to the neighborhood mixed use-35.

Move on with some pictures.
This is the subject site looking southwest across
the subject site.
This is looking southeast across the subject site.
You can see downtown Tampa in the distance there.
Now we move internal to the site, we're looking
north.
This is the city property up there.
I think it's the wastewater department facility
that's up there that's going to be relocated under
the plan.
Here we have looking southeast again from the
subject site.
Internal, looking southeast toward downtown.
And again, this is looking from Oregon onto the
subject site.
You can see the pool and everything in that photo.
Skip this, because since you just approved 1503,
this is how the map currently looks.
This is all that neighborhood mixed use-35 and the
school property is to the south.
This is the subject site right here.
It's one of the last public, quasi-public pieces
in the West River front area besides the school.
Once adopted, it will change to that neighborhood

mixed use-35, similar to what was approved
surrounding the subject site.
On that subject site under the
public/quasi-public, the existing entitlements --
not entitlements, but under the future land use
category, there's zero residential units, and
there is no floor area ratio.
Uses are guided by compatibility with surrounding
uses.
Under the neighborhood mixed use 35, you would go
to a two-tiered floor area ratio, under the -- all
nonresidential uses are capped at a 1.0 floor area
ratio.
So that would give you 156,380 square feet.
Mixed use or residential projects are at 1.5, and
they can go up to 234,570 square feet.
Or you could have 125 residential units.
Again, under the category residential can either
be guided by floor area ratio or unit count,
whichever is more appropriate.
During the review process, the Planning Commission
requested review by outside agencies.
The only one that expressed any concern was the
School Board.
Currently, the elementary and high school, Blake

High School and Just Elementary do not have
capacity but they do plan to have capacity by
2019-2020 school year.
The Planning Commission has found that the
proposed request is consistent with a number of
policies.
Those policies include policies related to the
encouraging of a vibrant central area.
Other policies include the promotion of mixed uses
on vacant or underutilized sites.
Compatibility surrounding development, both
existing and planned, and locating new medium
density housing near transit service.
It was found consistent with all those policies.
Therefore, the Planning Commission does recommend
to you this evening that the proposed map
endment be found consistent with the goals,
objectives and policies of the comprehensive plan.
And that concludes my presentation.
Do you have any questions?
05:50:01 >>FRANK REDDICK:
Questions from Council?
Anyone in the audience wishing to speak on item
number 3.
05:50:06 >>CHARLIE MIRANDA:
Move to close.
05:50:07 >>FRANK REDDICK:
Motion from Mr. Miranda.

Second by Mr. Cohen.
Any further discussion of the motion?
All those in favor of the motion say aye.
Opposed?
Ms. Capin.
05:50:21 >>YVONNE CAPIN:
Thank you, Mr. Chair.
An ordinance being presented for first reading
consideration.
An ordinance amending the Tampa comprehensive plan
future land use map, for the property located at
2200 North Oregon Avenue from public/semi public
to neighborhood mixed use-35, NMU-35; providing
for repeal of all ordinances in conflict;
providing for severability; providing an effective
date.
05:50:51 >>FRANK REDDICK:
Motion from Ms. Capin.
Seconded by Mr. Maniscalco.
All those in favor of the motion say aye.
Opposed?
05:50:58 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on
February 4th at 9:30 a.m.
05:51:03 >>CHARLIE MIRANDA:
Mr. Chairman, move to open 4
through 13.
05:51:09 >>FRANK REDDICK:
6:00.

05:51:09 >>CHARLIE MIRANDA:
Oh, 6:00.
05:51:10 >>FRANK REDDICK:
We stand in recess for 10
minutes.
05:51:13 >>CHARLIE MIRANDA:
Oh, that's wonderful.
05:51:23 >> Mr. Chairman, thank you for the recognition.
Tony Garcia, Planning Commission staff.
My request before is you I would like for Council
to consider taking up a motion to set a public
hearing for February 2015 cycle of plan amendments
for February 25th of 2016 at 5:30 p.m.
I would request a motion setting that.
05:51:48 >> So moved.
05:51:49 >>FRANK REDDICK:
Motion from Mr. Cohen.
Seconded by Ms. Montelione.
Any discussion of the motion?
All those in favor, say aye.
Opposed?
05:51:56 >> Aye.
05:51:56 >>FRANK REDDICK:
All right.
We stand in recess for nine minutes.
[Recess]
[ SOUNDING GAVEL ]
06:04:49 >>FRANK REDDICK:
We'll call this meeting back into
session.
Roll call.

06:04:54 >>CHARLIE MIRANDA:
Here.
06:04:55 >>MIKE SUAREZ:
Here.
06:04:57 >>YVONNE CAPIN:
Present.
06:04:58 >>HARRY COHEN:
Here.
06:05:00 >> Maniscalco?
Montelione.
06:05:02 >>LISA MONTELIONE:
Here.
06:05:03 >>FRANK REDDICK:
Here.
06:05:05 >>CHARLIE MIRANDA:
Move to open items 4 through --
06:05:08 >>FRANK REDDICK:
Motion by Mr. Miranda and second
by Mr. Suarez to open items 4 through 13.
All in favor, aye.
Opposed?
06:05:21 >>MARY SAMANIEGO:
Mary Samaniego, Land Development
Coordination.
Number 4 on the agenda, which is SU-215-06 cannot
be heard.
No affidavit filed, so notice was not perfected.
So would be heard at a later date.
06:05:35 >> I motion to remove number 4 from the agenda.
06:05:37 >>FRANK REDDICK:
Motion from Mr. Cohen.
Seconded by Ms. Capin.
All in favor of the motion, aye.
Opposed?
06:05:43 >>MARY SAMANIEGO:
Thank you.

Number 12 on your agenda, REZ 15-83, the applicant
has requested a continuance to the March 10, 2016
evening session.
I have the letter for your record and he's
present.
06:05:56 >>FRANK REDDICK:
Okay.
The applicant wish to say anything?
06:06:01 >> Good evening, Mr. Chairman, members of Council.
My name is Mark Bentley.
21 North Franklin representing the applicants in
connection with 12 and 13 which are both related.
This is our first request for continuance.
It's to make some changes to the plan as suggested
by the staff.
06:06:16 >>FRANK REDDICK:
Anyone in the public want to
speak on item number 12?
06:06:22 >> Move to continue to March 10, 2016, evening
session.
06:06:28 >>FRANK REDDICK:
Motion from Ms. Capin.
Seconded by?
06:06:35 >> 6 p.m.
06:06:36 >>FRANK REDDICK:
Motion by Ms. Capin.
Seconded by --
06:06:40 >>HARRY COHEN:
Second.
Does that include item number 13 as well?

06:06:45 >>YVONNE CAPIN:
We should, yes.
We move to continue -- we move to continue item 12
and item 13 to March 10 at 6 p.m.
06:07:06 >>FRANK REDDICK:
Motion by Ms. Capin.
Seconded by Mr. Cohen to move item -- continue
items 12 and 13 to March the 10th at 6 p.m.
06:07:17 >>MARTIN SHELBY:
Ms. Kert brought to my attention,
if you can just do item 12 because item 13
requires the resolution, which, if you turn the
page, it moves -- moving the resolution to --
06:07:32 >>FRANK REDDICK:
We were doing that at the
beginning.
06:07:36 >>YVONNE CAPIN:
We were doing 12 and then we added
13.
06:07:41 >>FRANK REDDICK:
We'll go back to 12.
06:07:44 >>YVONNE CAPIN:
Move to continue item 12 to
March 10, 2016, evening session, 6 p.m.
06:07:50 >>FRANK REDDICK:
Motion from Ms. Capin.
Seconded by Mr. Cohen.
All in favor of the motion say aye.
Opposed?
All right.
Do item 13?
06:08:05 >>YVONNE CAPIN:
I thought Mr. Cohen would do it
since he was so interested in item 13.

06:08:10 >>HARRY COHEN:
I just knew they were companions.
06:08:14 >>YVONNE CAPIN:
Okay.
What are we doing?
Removing the resolution.
March 10 -- move the resolution.
Thank you.
06:08:31 >>FRANK REDDICK:
Before we do that, anyone in the
audience wish to speak on item number 13 being
continued?
At this time, anyone that going to speak on the
remaining items on the agenda, 4 through 13,
please stand up to be sworn.
06:08:55 >>THE CLERK:
Mr. Chairman, Jim Crew, the motion
was not voted on.
06:08:58 >>FRANK REDDICK:
We know.
06:09:01 >>THE CLERK:
Thank you.
06:09:07 >> You have to raise your right hand to be sworn
in.
[Oath administered]
06:09:14 >>FRANK REDDICK:
All right.
Anyone wishing to speak on item number 13?
06:09:26 >> I'll attempt to tell the truth.
In politics, you know --
Derek Chamblee, Google D-E-R-E-K-C-H-A-M-B-L-E-E
St. Paul.

Derek Chamblee, Google federal lawsuit Derek
Chamblee.
Google new city.
I spoke before about the crosswalks on Kennedy
Boulevard that are -- need to be located by this
coming development that you're considering on --
just north of Kennedy off of Oregon.
And these crosswalks need to be put in once again
from Oregon to Dakota to Rome.
And there's a Walmart, a big Walmart right there
on Dakota between Dakota and Oregon.
There is a Wendy's.
There is a Kentucky Fried Chicken.
Across the street, there's a McDonald's, and
also, next to the McDonald's, there is a
Starbucks and just opened in December, they built
a Dunkin' Donuts building there, a new Dunkin'
Donuts there.
Right next to the Dunkin' Donuts across Rome right
there is a day care school.
As a matter of fact, this past month, I got hit by
a Tampa General Hospital shuttle van in a cross
street.
It was probably Delaware.
He was looking to get on to Kennedy Boulevard.

The line of vision for the motorist is cut off to
where they have to come up and block the side
crosswalks.
And I waited a long time to see if he would
recognize me.
And then I started, and he put the accelerator on
and he hit me.
I managed to walk away unhurt.
Two days ago, there was another bad accident just
west of willow and Kennedy.
There are no crosswalks, again, between the
stoplight at willow and Kennedy and Howard and
Kennedy.
It's approximately pretty close to a mile without
crosswalks.
And the workers are behind this.
There's quite a few UT students.
And the demographics of the neighborhood have
changed in terms of these apartments going in, and
there's just -- there are tremendous parking
problems.
So on this particular item, again, I'm really
expecting you to put those crosswalks in there out
of consideration for this development as well.
And I thank you very much.

06:12:37 >>FRANK REDDICK:
All right.
Anyone else wishing to speak on item number 13?
Okay.
We go to number 5.
06:12:45 >>THE CLERK:
Was there a vote on the resolution,
sir?
06:12:49 >>FRANK REDDICK:
Ms. Capin --
06:12:50 >>YVONNE CAPIN:
I did move it.
06:12:52 >>FRANK REDDICK:
We have a motion from Ms. Capin.
Seconded by Mr. Suarez.
All in favor of the motion, aye.
Opposed?
Yes, sir.
06:13:02 >>MARTIN SHELBY:
Mr. Chairman, just a request by
Mr. Garcia.
He had asked that Council ensure that the motion
that was made to set the public hearings on
February 25th at 5:30 p.m. be reflective of the
fact that it is for the November 2015 cycle.
If you could just make a motion to amend that to
make sure that's the case.
He might have, I believe, stated February
incorrectly, but he wanted to ensure that it does
reflect November 2015 in the Council's motion.
Is that by unanimous consent then?

Yes, thank you.
06:13:43 >>FRANK REDDICK:
Item 5.
06:13:45 >>MARY SAMANIEGO:
Mary Samaniego, Land Development
Coordination.
Item number 5 in your agenda is REZ 15-77.
It's a rezoning request for the property at 5417
North Lois Avenue.
It's a request from RS-50 single-family
residential and commercial intensive zoning to
commercial intensive zoning.
06:14:09 >> Good evening, Council members.
David Hay with your Planning Commission staff.
I have been sworn.
Our first case actually begins in the university
planning district.
It's way, way down here in the lower left.
What's in that little arm down there.
It is located within the vicinity of the
intersection of West Hillsborough Avenue and North
Lois Avenue.
It is a .97-acre subject site.
It is within a mixed use corridor as defined by
the Tampa comprehensive plan.
There is transit on Hillsborough Avenue that
connects the subject site to downtown Tampa and

the West Tampa Transfer Center.
And the subject site is not located within an
evacuation zone.
On to the aerial, you can see West Hillsborough
Avenue to the south.
This is Lois Avenue running north-south.
You have Alexander Elementary School.
Across the street, this is the Walgreens.
We've got single-family detached residential to
the north.
And then you're all aware, Hillsborough Avenue has
a lot of heavy commercial uses along the segment.
Dale Mabry is over here to the east.
On to the future land use map, you can see that
the subject site and all these properties within
the red are all that community commercial 35.
You've got the light industrial uses down in Drew
Park to the south, and then you've got the
residential 10 to the north and then
unincorporated county a little farther to the
north.
Currently, a majority of the subject site is
currently zoned commercial intensive.
The proposed rezoning would rezone the remaining
portion located along that north portion right up

near the residential 10.
Overall, the proposed plan development would allow
for the redevelopment of the subject site in
keeping with the commercial character found along
this portion of west Hillsborough Avenue, while
also be sensitive to the residential uses found
just to the north.
So, therefore, based on those findings and the
goals, objectives and policy of the comprehensive
plan, the Planning Commission staff finds the
proposed rezoning consistent with the Tampa
comprehensive plan.
Thank you.
06:16:26 >>MARY SAMANIEGO:
Mary Samaniego.
Again, this is a rezoning request.
Really it's a small strip of property from RS-50,
commercial intensive.
Here is the zoning map.
As you can see, here's the zoning boundary line
between the RS-50 and commercial intensive.
As you can see, there is a strip of land within
this lot that is still in the RS-50.
The applicant, the property owners would like to
exercise full use of the entire property for CI
uses.

Here's an aerial photograph of the subject
property.
Here's the subject property.
It's currently vacant.
Here's a picture within the site.
Currently vacant with some old asphalt.
To the north is a Walgreens.
Across the street being across Lois, there is the
entrance.
This is directly across from the site, the
entrance for the elementary school, which is
Alexander Elementary School.
Back on the same side of Lois, further north
across Comanche from the application site is a
place of religious assembly.
Directly across Comanche from the application site
is a single-family house.
I'm going down this street and back.
Day care.
Coming back to the application site, series of
one-story single-family lots.
And then this is directly south, a small vacant
lot to the application site.
Again, the majority of the site is currently
already zoned CI.

This is just to bring the entire site into one
zoning district so it can exercise development.
The minimum site requirements for the CI zoning
district is a 10,000-square-foot minimum lot area.
The subject lot is almost an acre.
It's .97 acres.
Setbacks are 10 for the front, 10 for the corner.
0 for side, 0 for rear.
The maximum height is 45 feet.
Any future development, when and if the rezoning
is approved, would have to comply with the
requirements of the CI zoning through permitting.
The development review and compliance staff has
reviewed the application and found it consistent
with the City of Tampa Code of Ordinances.
Do you have any questions for me?
06:19:08 >>FRANK REDDICK:
Any questions from Council.
Mr. Miranda.
06:19:10 >>CHARLIE MIRANDA:
Yes, ma'am.
I would like to ask a couple -- I know you
mentioned consistent with the building that's in
front of it, consistent -- and I know this has
very little, nothing to do with it, but the same
subject matter was received calls to my office for
years.

What they had back there was an old vegetable
stand creating chaos.
Is that going to be the same we'll have there,
this is rezone, or will this be some new building
coming up?
06:19:39 >>MARY SAMANIEGO:
The applicant can speak to that.
There was a code enforcement case back in 2013 for
illegal land uses for business on part of the lot
that was zoned residential.
06:19:49 >>CHARLIE MIRANDA:
I understand.
Thank you.
06:19:51 >>FRANK REDDICK:
Any questions from staff?
Petitioner?
06:19:58 >> Good morning, Council.
Jeremy Couch, 5289 Ehrlich road, here representing
the landowner.
Council member Miranda, in the past, the landowner
leased to the vegetable stand operator.
In the past, he leased -- the owner is an older
lady.
06:20:21 >>CHARLIE MIRANDA:
So am I.
Not an older lady, but an older man.
Let me clarify that just in case --
06:20:28 >> In the past, her tenant was the vegetable
stand.

Because of their noncompliance with the code, they
shut down and moved over to another location on
Hillsborough Avenue, MD fruit market.
Essentially, she would like to clean up the
entitlement.
There is a small strip of land that's about
15-foot zoned RS --
06:20:52 >>CHARLIE MIRANDA:
I know it very well.
Took many pictures of the property.
06:20:56 >> Yes, sir.
So the zoning request would strictly just to
extend the zoning north to the northern property
line.
That area would then in the future development
would be a buffer with the masonry wall with
anything they did do there.
There's no application that I know of to open the
fruit stand back up there.
I think it's been closed for three or four years
now.
06:21:18 >>CHARLIE MIRANDA:
Let me ask, if I may,
Mr. Chairman, one question.
If this goes through, does the zoning change,
giving anybody a right to put a fruit stand back
there and any chaos like we had before?

Took years to close it down.
06:21:33 >> No, sir.
Any use would have to comply with the current
code, with required buffering to residential
structures, landscaping, parking lot.
It would have to be a full development, not
someone just setting up.
06:21:44 >>CHARLIE MIRANDA:
Both of you didn't answer the
question.
You can put, yes, a vegetable stand, yes or no?
06:21:55 >> In CI, yes.
06:21:58 >> I have three letters of support from neighbors
that I would like to submit to the clerk.
My client has expressed to me that they believe
the property has greater value.
They were the original owners of the Walgreens
parcel to the south.
They believe this zoning will help attract a
permanent user to the site.
Thank you.
06:22:29 >>FRANK REDDICK:
Any questions for the petitioner?
Anyone in the audience wishing to speak on item
number 5?
Anyone in the audience wishing to speak on item
number 5?

Got a motion to close?
06:22:42 >> So moved.
06:22:43 >> Second.
06:22:43 >>FRANK REDDICK:
Got a motion from Ms. Montelione.
Seconded by Mr. Maniscalco.
All in favor of the motion, aye.
Opposed?
Ms. Montelione.
Read item number 5.
06:22:57 >>LISA MONTELIONE:
Certainly sir.
I move an ordinance presented for first reading
consideration.
An ordinance rezoning property in the general
vicinity of 5417 North Lois Avenue in the City of
Tampa, Florida and more particularly described in
section 1 from zoning district classifications
RS-50 residential, single-family and CI commercial
intensive, to CI commercial intensive; providing
an effective date.
06:23:16 >>FRANK REDDICK:
Motion from Ms. Montelione.
Seconded by Mr. Maniscalco.
All in favor of that motion, say aye.
Opposed?
06:23:22 >>CHARLIE MIRANDA:
Nay.
06:23:24 >>THE CLERK:
Motion carried with Miranda voting

no.
Second reading and adoption February 4th at
9:30 a.m.
06:23:30 >>FRANK REDDICK:
All right.
We go to item number 6.
06:23:33 >>MARY SAMANIEGO:
Item number 6 on your agenda is
REZ 15-80.
Application for properties at 6522 and 6514 North
43rd Street from RS-50 and planned development
to RM-18.
06:23:48 >> Good evening, Council members.
David Hay with your Planning Commission staff.
I have been sworn.
First, we'll make a correction on the Planning
Commission staff report.
It says this is located in the central Tampa
planning district.
It is not.
It's in the university planning district.
So that's the first correction.
The subject site is located within the vicinity of
the intersection of East Sligh Avenue and North
43rd Street.
It is a 3.26-acre subject site.
There is transit that runs -- the route 41 runs

along this portion of North 43rd Street connecting
the subject site to Netpark and the West Tampa
Transfer Center.
Since it is a residential zoning district, the
closest public recreational facility would be
Nuccio Recreation Center, which is located
approximately 2,500 feet to the east-northeast in
unincorporated Hillsborough County.
And the subject site is located within a level E
evacuation zone.
On to the aerial, the subject site is right here.
Here is North 43rd Street which turns into East
Sligh.
Up here, we have the River Oaks Apartments.
We have a mix of single-family and vacant.
To the south, we have the Trinity Gospel Church
down here and their lot is mostly vacant, and then
we have Robles Elementary up kind of toward the
northeast of the subject site.
On to the future land use map, part of the subject
site is the residential 20.
There's also another part that this darker brown
is residential 35.
We've got residential 10 further to the west and
then some community mixed use 35 over on North

40th Street and unincorporated county is
directly to the east.
Currently, the subject site does house a religious
establishment and a single-family detached
residential use.
The applicant is requesting a rezoning to the
RM-18.
The RM-18 zoning category would allow for an
overall development of the site that would be
comparable and compatible with that surrounding
development pattern within this portion of the
northeast community neighborhood.
Therefore, based on those findings and the goals,
objectives, and policies of the comprehensive
plan, the Planning Commission staff finds the
proposed rezoning consistent with the Tampa
comprehensive plan.
06:26:24 >>MARY SAMANIEGO:
Mary Samaniego, for the record.
David just showed you an aerial photograph of the
application site.
It currently holds a place of religious assembly,
a day care and a single-family house.
The zoning map for the area, across 43rd is
Hillsborough County jurisdiction.
The subject property is zoned RS-50.

Then the southern portion is planned development.
That planned development was approved in 1986 for
16-unit apartment complex, which was never
developed.
So if this rezoning is approved, that PD will be
voided.
Here is a shot of the existing site with the day
care.
The rear of the property, there are apartments
behind it.
Here is a place of religious assembly, structure
on the subject property.
Here is the existing house.
Here is south of the house on 43rd.
Continuing, there is a large field.
Continuing further south across the street is that
vacant property that David alluded to.
Here is Robles elementary school.
And then directly to the north of the application
site is a pump station.
The existing site is 3.26 acres, and it
encompasses three lots.
As I stated, there is a place of religious
assembly on site constructed in 1941.
Approximately 6,000 square feet.

The day care was from 1971.
It's approximately 4500 square feet.
And the detached house is from 45 and it's 1100
square feet.
If this was to be rezoned to RM-18, minimum lot
size is 5,000 square feet with 50-foot lot width.
Setbacks are 25 front, 7 sides, 15 rear.
Maximum height is 35 feet.
The development review compliance staff has
reviewed this application and found it consistent
with the Land Development code.
Do you have any questions for me?
06:28:52 >>FRANK REDDICK:
Any questions from Council?
Petitioner?
06:29:10 >> Good evening, once again, Mr. Chairman, members
of Council.
My name is Mark Bentley, 201 North Franklin
Street, Tampa, 33602.
I'm pleased to represent Friendship Christian
Academy.
They are the owners and operators of the private
school at the property, which emphasizes Christian
values.
They established the school at this location in
the fall of 2015.

It provides for K-12 for approximately at this
point in time a hundred students and roughly 15
staff members.
The school has been in operation since 1993 and
they just relocated.
As Mary alluded to, in 1971, actually, the City of
Tampa back then they had something called the
board of adjustment, which was a precursor to the
VRB, essentially, but they approved at this
property a kindergarten and day care along with
the place of religious assembly.
Essentially, they are just trying to expand the
operation that's limited right now to day care and
kindergarten.
I'd just like to briefly elaborate on a couple of
points that Mary made.
If you look at the overhead aerial, you can see
directly to the east in unincorporated
Hillsborough County is Robles elementary.
Then where I'm pointing to right here is another
church.
Place of religious assembly.
This portion of the property that Mary told you
about that was zoned I think in 1986 to PD for 16
townhomes, that would be past the area,

approximately 1 acre and serve as buffer to the
scattered single-family homes to the south.
Directly to the west is high density multifamily,
and you can see here, there is a significant
buffer between this school and the multifamily.
And directly to the north, the City of Tampa lift
station, wastewater.
On the zoning map, you can see here, the request
once again is RM-18.
It's really not to develop multifamily at 18 units
per acre.
Actually, for what it's worth, the comp plan would
allow roughly 60 to 65 units on the property, if
it was developed residential.
RM-18 allows a school, K-12 as of right.
And that's the intent of what we're trying to
accomplish tonight.
But you can see to the west, it's all RM-24.
I think Mary covered that territory.
And here's a Google Earth from the prior user of
the property.
It was a Haitian Christian church.
Since then, the client went in and made
substantial renovations.
And here is the exterior of the church I just

showed you.
All new windows, roof, et cetera, and just totally
gutted the interior not only of this building, but
there is a classroom just located adjacent to it
roughly 6,000 square feet.
So there have been no objections from any review
agency.
Absolutely none.
There are no waivers requested.
It's a great use in a very appropriate location,
and we would respectfully request that City
Council approve this petition.
Naturally, if you have any questions, I'll attempt
to answer them.
Thank you.
06:32:28 >>FRANK REDDICK:
Any questions for the petitioner?
Anyone in the audience wishing to speak on item
number 6?
Anyone in the audience wishing to speak on item
number 6?
Please come forward.
06:32:49 >> Good evening.
My name is Amaris Padgett.
I live at 1913 East Jean Street.
I'm a resident of that East Tampa area.

My son has been going to the school for the past
year.
He has learned a lot.
He's in his second year.
He's in kindergarten.
He's reading on a first-grade level, as well as
his math.
Not only does the school have good curriculum, it
has good values.
I remember riding through there on a bus myself
almost 20 years ago.
I did not attended Robles but attended Sligh.
Coming from Thonotosassa, that area has not come
up very much since then.
So I do see that this school being there would be
a positive thing for the community.
There are many things that we do have planned.
We're starting a parent-teacher organization again
to not only get the school involved but the
community involved as well.
If you noticed other schools in the community have
fairs and other things that they would love for
the community to come out and give support, we
want to do things with Robles as well.
We're open-minded.

We want to be involved in the community.
We're located right behind Lowry Park.
We did a lot there.
We want to come to this side of town and do just
as much as well and get more people to see that
the east side of Tampa is not a bad place to be
anymore.
I just hope that you do consider that.
It will make an impact on the students that are
there and the students that are there to come and
we also have dual enrollment now.
With only a hundred students, that's a lot to say
that HCC looked at us and thought that we would be
a school they want to get involved in.
So we are making a positive impact in the
community.
06:34:21 >>FRANK REDDICK:
Anyone else wishing to speak on
item number 6?
06:34:34 >> Good evening.
My name is Zena.
I am a member of the community.
My children both attend Friendship Christian
Academy.
They have learned many things and their morals and
standards have been kept in great standard.

I have a 24-year-old daughter who's in college,
and she's learned so much through this Christian
academy.
And I just want it to be available for other
children in this community.
I believe it would be a great asset to the
community.
We've been going to this school from 2009.
So we were in Lowry Park, as she stated.
And now we're wanting to come into this community
and be a benefit.
I also can speak as a parent with a child with
disabilities, it would make available somewhere in
the community that a child or a family that has
child with disabilities, where they will be
treated fair and equally.
And they have taught at this school to one of the
values, that everyone is a friend.
And there's no cruelty or disrespect to any
children that have disabilities.
That's all I have to say.
06:35:49 >>FRANK REDDICK:
Thank you.
Anyone else wish to speak on item number 6?
06:35:53 >>CHARLIE MIRANDA:
Move to close.
06:35:55 >> Second.

06:35:55 >>FRANK REDDICK:
All right.
Before we vote, let me just say that I hope that
this church will reach out to the neighborhood
association who is doing great things in that
particular area of the community.
Since you're new and going into that area, I hope
you reach out to that neighborhood association and
be a part of that group, because I think you would
benefit from it.
Motion from Mr. Miranda.
Seconded by Mr. Cohen.
Any further discussion?
All those in favor, aye.
Those opposed?
Mr. Maniscalco, will you read the motion?
06:36:41 >>GUIDO MANISCALCO:
Thank you, Mr. Chairman.
I have an ordinance being presented for first
reading consideration.
An ordinance rezoning property in the general
vicinity of 6514 and 6522 North 43rd Street in
the City of Tampa, Florida and more particularly
described in section 1 from zoning district
classification RS-50, residential single-family
and PD planned development, residential,
multifamily, to RM-18, residential, multifamily.

Providing an effective date.
06:37:06 >> Second.
06:37:06 >>FRANK REDDICK:
Got a motion from Mr. Maniscalco.
Seconded by Ms. Montelione.
All those in favor of the motion say aye.
Those opposed?
06:37:14 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on
February 4th at 9:30 a.m.
06:37:20 >> Thank you very much.
Have a good evening.
Take care.
06:37:22 >>FRANK REDDICK:
All right.
Item number 7.
06:37:25 >>MARY SAMANIEGO:
Mary Samaniego.
Item number 7 is REZ 15-76, rezoning request for
the property located at 1120 and 1208 East Kennedy
Boulevard.
It is a rezoning request from CD-3 to CD-2.
06:37:43 >> Good evening, Council members, David Hay with
your Planning Commission staff.
I have been sworn.
Our next case lies within the central Tampa
planning district.
It's located at the northeast corner of North

Meridian Avenue and West Kennedy Boulevard.
It's a 4.34-acre subject site.
It is located within the Channel District urban
village.
Hartline does have a number of routes that run by
the site, the number 8 and number 46 that connect
it to a number of major activity centers,
including downtown, Brandon, Palm River area, and
Ybor City.
It's also within proximity of the TECO streetcar
line.
It is classified as a mixed use corridor village
as defined by the comprehensive plan.
The closest public recreational facility is
Washington square park, which is located
approximately 175 feet to the south of the subject
site.
And it is located within a level B evacuation
zone.
On to the aerial, you can see the subject site is
right here.
We're all familiar with the Channel District.
A lot of urban development.
Downtown is over here.
To the west we have the Crosstown expressway,

Meridian and Channelside Drive.
On to the future land use map, the subject site
and all these parcels in this reddish color are
all that regional mixed use 100.
We've got the downtown and the CBD future land use
category to the west, and we have some remaining
heavy industrial land uses up near the Crosstown
in Brandon.
The map isn't reflective of the gas works site.
Overall, the purpose of this request is to
recognize an existing approved mixed use
development and to allow for an outdoor plaza
within a portion of the right-of-way of 11th
Avenue.
Outdoor spaces are highly encouraged by the Tampa
comprehensive plan as they are an important
component of a vibrant built environment.
Outdoor plazas serve as gathering places for the
public and help to make neighborhoods a desirable
place to live.
Therefore, based on those findings and the goals,
objectives, and policies of the comprehensive plan
that are outlined in the staff report, Planning
Commission staff finds the proposed rezoning
consistent with the Tampa comprehensive plan.

Thank you.
06:40:15 >>MARY SAMANIEGO:
Mary Samaniego.
I'm here -- here is the zoning map for the
application.
It's currently zoned CD-3.
Request to be CD-2.
The greater channel side area, older developments
you'll see three.
Newer developments, a project currently under
construction.
Here is the subject property.
I'm sure you're all familiar with.
Been in Channelside for about ten years now.
Here is the subject property looking into the main
driveway off of Kennedy Boulevard.
Looking at one of the entries to the existing
parking garage, and here is the existing plaza in
between the two buildings.
If I may, let me back up a moment.
Give you an idea of what this application is
really for.
When this planned development was approved in
2003, there were the two buildings, which were
constructed as planned.
And then this main drive aisle was to go between

Madison Street and Kennedy Boulevard.
Here it comes in ingress and egress off of
Kennedy.
These are the two entrances to the garages for
both of the buildings.
It was to continue through with several parallel
parking spaces.
At some point in 2012, that area that had been
developed according to PD plan was converted to an
outdoor plaza.
Let me go back to the pictures.
Now it's outdoor plaza with some seating.
Looking at it from Madison Avenue.
The driveway access, there is no driveway access
for the project on the Madison Street anymore.
The only access for the entire development is onto
Kennedy.
Across the street from Madison looking to the west
on Madison, to the east.
This is the existing development directly to the
east of the subject property.
Here across Channelside is the port, the training
center, the gas station that is located on the
corner of Channelside at Kennedy.
This is the Amazon hose project, rezoning for

which was approved last year.
And again, existing Channelside developments.
This is what the subject property looks like from
down Channelside -- I'm sorry, Meridian.
The only changes being proposed is to recognize
the creation of that plaza.
The applicant, the property owner came into the
Land Development office and applied for a
non-substantial change review, which is a
staff-level review, which allows for a small --
allows for small changes to occur to a planned
development at staff level.
Because of the changes to the overall traffic
pattern, there were two access points to Kennedy
Boulevard and Madison Street into the development
in the two garages.
Now there is only one access point.
That was determined to be a substantial change.
That's why it's before City Council tonight.
Do you have any questions for me?
06:43:59 >>FRANK REDDICK:
Any questions?
Petitioner?
06:44:02 >>MARY SAMANIEGO:
Thank you.
06:44:06 >> Good evening, Mr. Chairman, members, Andy Mayts
with GrayRobinson, 401 East Jackson Street, 33602.

I have been sworn.
The rezoning here is essentially to just bring
into effect the plaza that's been in existence
since about 2010.
In the spring of 2010, Grand Central Kennedy
was -- put in the pavers, so it's just all
horizontal, to create that outdoor space.
This was talked with, with the city in 2010.
There were plans that were prepared, and those
were provided, and it wasn't thought at that time
that there was any additional permitting that was
necessary.
And so the pavers were put in.
Somewhere in about 2014, there were some issues
with a tenant that were really part of an
underlying Circuit Court litigation,
landlord/tenant dispute.
Suspicions were raised about whether or not the
pavers in the plaza were actually in conformance.
When that came up as was stated, the change
determination was requested because of the
elimination of the access point, change
determination was not deemed to be the proper
venue for handling the courtyard, hence the
rezoning application.

All private funds were used for the pavers and the
improvement.
It's consistent with the comp plan.
There are a couple of waivers that were existing
on the original rezoning that will be added
between first and second reading along with some
issues with regards to location of some fire
hydrants on the plan.
Link & Associates was hired by the owners to
perform a traffic study.
That traffic study was approved as to methodology.
The traffic study showed that the elimination of
that access point had no impact on the flow and
determined that the level of service as a result
of the courtyard and that elimination access point
is acceptable.
We would ask that you favorably consider this
rezoning request.
Again, just a couple of photos.
I think you are very well familiar with the
general nature of the project.
Just a little bit of an overview as to what the
courtyard looks like.
I'd be happy to answer any questions.
06:46:57 >>FRANK REDDICK:
Any questions from Council?

Anyone in the audience wishing to speak on item
number 7?
Please come forward.
06:47:11 >> Good evening, ladies and gentlemen.
Again, I'm Vance Arnett.
I live at 1120 East Kennedy Boulevard, number 733.
I'm here tonight once again representing the
Channel District Community Alliance.
I wanted to let you know that we strongly support
this application.
Whether by design or by accident, sometimes
place-making becomes one of the best things that
can happen in a community.
This has become one of those collection points in
the north end of the Channel District that has
generated so much interest that I think we had a
large group of people turn out for the planning of
the Madison park largely because we have an
opportunity to come down out of our homes and
communicate with each other, recreate with each
other, have meals together.
Have a couple of adult beverages sometimes
together.
And it's just one of those facets that has become
a very important aspect of our community, so we in

the CCAC would urge you, please strongly support
this application.
Thank you.
06:48:07 >>FRANK REDDICK:
Anyone else wishing to speak on
item number 7?
06:48:11 >> Move to close.
06:48:12 >>FRANK REDDICK:
Got a motion to close by
Mr. Miranda.
Seconded by Mr. Cohen.
All those in favor of the motion, say aye.
Opposed?
Mr. Cohen, would you read number 7.
06:48:21 >>HARRY COHEN:
Thank you very much, Mr. Chair.
I move an ordinance being presented for first
reading consideration.
An ordinance rezoning property in the general
vicinity of 1120 and 1208 East Kennedy Boulevard
in the City of Tampa, Florida, more particularly
described in section 1 from zoning district
classifications CD-3, Channel District, to CD-2,
Channel District, providing an effective date.
06:48:45 >>FRANK REDDICK:
Motion from Mr. Cohen.
Seconded by Mr. Maniscalco.
Any discussion?
All those in favor of the motion, say aye.

Opposed?
06:48:53 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on
February 4th at 9:30 a.m.
06:48:58 >>FRANK REDDICK:
Okay.
Thank you.
06:49:04 >>CHARLIE MIRANDA:
Don't leave.
We won't have anyone here.
06:49:07 >> Fine with me.
06:49:11 >>FRANK REDDICK:
Item number 8.
06:49:15 >>MARY SAMANIEGO:
REZ 15-74.
Mary Samaniego.
It's a rezoning request for the property at 1001
North Dale Mabry Highway from PDA planned
development alternative to planned development.
Gasoline and convenience goods with accessory car
wash.
06:49:36 >>DAVID HAY:
Good evening, Council members.
David Hay with your Planning Commission staff.
I have been sworn.
And we move over to the Westshore planning
district for this next case located at the
northeast corner of North Dale Mabry Highway and
West Cypress Street.
It is a .97-acre subject site.

It is located within the Westshore business
center.
It is also on Dale Mabry, on one of our transit
emphasis corridors.
Hart group 10 and 36 run adjacent to the subject
site connecting the site to a number of the
region's major activity centers between downtown
Tampa, the University of South Florida and MacDill
Air Force Base.
It is in a mixed use corridor, as defined by the
comprehensive plan, and it's a level D evacuation
zone.
On to the aerial, you can see the subject site
right here.
We've got West Cypress Street running east-west.
North Dale Mabry Highway.
We've probably all been stuck in traffic right
here trying to get on the highway.
This is the interchange with 275.
We've got Walmart.
We've got the target and J. Alexander, the
important restaurant in the south there.
On to the future land use map, you can see that
the subject site and really the whole area
surrounding it is also in that regional mixed use

100 future land use category.
There is some red, which represents the community
commercial 35.
And then we've got the residential 10 and the
residential 35 to the south.
The request, if approved, would allow for the
development of a 4,604-square-foot convenience
store with gasoline sales.
The proposed development will maintain the
commercial character of the area.
The applicant has made an attempt to address
several objectives and policies of the
comprehensive plan with regard to pedestrian and
bike circulation, more specifically the plan shows
that the building will have a customer entrance on
the west elevation that will encourage pedestrian
connectivity as well as partial building
orientation toward the street in line with
policies within the mixed use corridor villages.
Therefore, based on those findings and the goals,
objectives and policies of the comprehensive plan,
the Planning Commission staff finds the proposed
rezoning consistent with the Tampa comprehensive
plan.
Thank you.

06:52:12 >>MARY SAMANIEGO:
Mary Samaniego, for the record.
David just showed you an aerial.
Here's the subject property currently zoned PDA,
planned development alternative.
They are requesting to be rezoned to planned
development.
There is commercial intensive across the street,
across Cypress and across Dale Mabry.
There is a photograph of the subject property.
It's currently a gas station with a car wash.
This sign is being requested to be retained with
the current planned development.
Here is a photograph of the subject property from
Gray Street.
Up and down Gray Street and then down Dale Mabry
and then to Cypress.
This is looking down towards the dead end of Gray
Street.
There is a large office across the street on Gray
Street.
The restaurant, looking down Gray Street towards
Dale Mabry.
This is looking -- excuse me, on Cypress Street to
the south is a large parking lot and then a vacant
lot.

This is the parking lot and then a vacant lot
currently.
Across Cypress is a different gas station, and
then across -- sorry, these photographs aren't too
good.
Construction on Dale Mabry, several commercial and
restaurant uses.
The applicant is proposing a completely new gas
station, Circle K, with a completely new car wash
with the existing large --
I'm going to hand out revised revision sheet.
After the staff report, amended revision sheet.
After the staff report came out, the applicant
worked with staff to try to remedy some of the
situations, so I'll hand those out.
It includes revisions to occur --
06:54:43 >>YVONNE CAPIN:
Ingress still is on Dale Mabry --
no, that's Cypress.
06:54:48 >>MARY SAMANIEGO:
Yes, ingress on Cypress Street
and Dale Mabry.
On Gray Street, it's just access for the garbage
trucks.
As far as revisions between first and second
reading, waivers shall read, waiver to section
13-165 to allow contribution into the tree trust

fund for mitigation trees.
Section 27-285, to reduce -- greenspace from 20%
to 15% with payment of fee in lieu.
The last waiver would be to section 27-283-2a,
increase the setback for the fuel canopy from a
maximum building setback of 20 feet to 50 feet on
Dale Mabry Highway.
Again, that is a requirement of the Westshore
overlay district.
There is a small correction from urban design to
be done between first and second reading in
relationship to how the sidewalks are illustrated
on the plan.
And then there are revisions to the tree table as
well as tree preservation that are indicated on
the site plan that I provided.
It was the easiest way -- the whole tree table was
redone.
06:56:06 >>FRANK REDDICK:
Mr. Cohen.
06:56:07 >>HARRY COHEN:
We have had some gas stations in
the Westshore overlay district before, and I
believe that we've allowed them to move back,
namely because of security reasons and wanting to,
you know, like the area and different things like
that.

Is this a similar type of situation?
06:56:28 >>MARY SAMANIEGO:
Yes, sir.
And just for the canopy, the building, as you can
see, is -- for the canopy.
The functionality of the gas station, the trucks
that deliver gas, they have to get around the
canopy.
So they need a large swath in that area.
Let me back up.
So with the amended revision sheet, the
development review and compliance found it
consistent.
Natural resources division removed their
inconsistency and found it consistent provided
these changes on the amended revision sheet are
done.
Do you have any questions for me?
06:57:21 >>LISA MONTELIONE:
Yes, thank you.
A fairly simple one because I think I know the
answer.
On the first elevation sheet that was provided to
us, the bottom photograph, I'm assuming that
rendering number 4, which says side elevation,
that is the side facing Dale Mabry.
06:57:41 >>MARY SAMANIEGO:
A-4?

06:57:43 >>LISA MONTELIONE:
No.
You had the right one up in the first place.
06:57:46 >>MARY SAMANIEGO:
Okay.
I gotcha.
06:57:48 >>LISA MONTELIONE:
Down on the bottom.
So one has fenestration on it and one does not.
I'm guessing the one is the fenestration is the
Dale Mabry side.
06:57:56 >>MARY SAMANIEGO:
Yes.
It is a requirement of the Westshore overlay to
have pedestrian access, so there is the door.
06:58:04 >>LISA MONTELIONE:
Thank you.
It's just it wasn't labeled north, south, east or
west.
It's just labeled "side."
06:58:12 >>FRANK REDDICK:
Any other questions from Council?
Petitioner?
06:58:31 >> Good evening, Council members.
I've not been sworn in.
06:58:35 >>FRANK REDDICK:
All right.
Anyone else out in the audience who has not been
sworn, please stand if you plan to speak.
[Oath administered]
06:58:53 >> I have a presentation, a PowerPoint that I'd
like to share.

06:59:04 >>FRANK REDDICK:
Mr. Shelby, do we have a time
frame?
06:59:14 >>MARTIN SHELBY:
Are you intending to use the
overhead?
06:59:16 >> I can.
I also have printed out.
06:59:18 >>MARTIN SHELBY:
But it's not electronic.
You don't have it on a computer.
You just have it on the overhead?
06:59:24 >> Correct.
06:59:24 >>MARTIN SHELBY:
That would be within his
15-minute presentation.
You'll ask that these be passed out?
06:59:30 >> Please.
06:59:31 >>MARTIN SHELBY:
Thank you.
Is there a copy for the clerk as well?
Thank you.
And please put your name on the record when you
begin.
06:59:43 >> My name is Andrew Marchetti.
I'm a real estate analyst, Florida business unit.
Our Florida headquarters is located at 12911 North
Telecom Parkway here in Florida or here in Tampa,
excuse me.
I also have our director of real estate, Edward

Giunta, our property manager RoseAnn Hammock, and
our engineer, Mark Sullivan from Florida
Engineering.
First, I would like to discuss who we are at
Circle K.
We are the world's preferred destination for
convenience and fuel.
And we've backed it up by saying that we are
actually the largest operator gas stations in the
world.
That gives us 18,000 locations worldwide.
We are actually also the largest operator of
convenience store gas stations in the State of
Florida as well.
A lot of that has to do with City of Tampa.
We have 31 locations here within the city.
I attached a data chart here detailing the -- each
location in the city.
The next page, you'll see a summary of the 31
stores.
We have 31 stores within the city, and they help
us employ 287 people within the stores alone.
That does not include our headquarters.
The 31 stores also contributed last year over
$19 million in taxes.

Seeing as this is a redevelopment of an existing
gas station, previously about 18 months ago, we
redeveloped the northeast corner of Dale Mabry and
Euclid.
There's an aerial right there of the corner.
Here's what it looked like prior to our
redevelopment.
One of our aged assets.
We call them our heritage Circle K's.
Nice way of putting it.
Here's what the store looked like after
redevelopment.
Obviously, a brand-new prototype, new design.
And with the redevelopment comes an economic
impact.
So I have detailed in the next slide, economic
impact of the redevelopment at Euclid.
So we have nearly doubled the amount of employees
at the location.
It's also nearly doubled the amount of taxes the
store contributes.
So now on our subject site, the northeast corner
of Dale Mabry and cypress.
Here's an existing store view from Dale Mabry
Highway.

And from the same view, this is what we're
proposing to build.
This gives you a better look of the side entrance
on the west.
Again, a picture from cypress.
And here's what we'd like to build.
I have a bird's-eye view as well.
That will allow you to see more details of the
site plan.
I wanted to reiterate some of the highlights from
the staff report.
In the report summary of the request, the property
is located within the Westshore overlay district.
In the proposed site configuration and associated
elevations are consistent with the design
deadlines.
With the exception of the setback of the fuel
canopy.
To which we also have a requested waiver for.
Setback from 20 feet to 50 feet.
Urban design staff has reviewed the rezoning
application and finds it consistent with section
27-238, the Westshore overlay district development
standards.
I wanted to make note of policy 13.1.3 and policy

13.3.6 of the comprehensive plan.
Policy 13.1.3 reads, "New buildings and
developments in context with the neighborhood and
community."
Policy 13.3.6 reads, "Appropriate urban areas,
buildings shall be located close or adjacent to
the sidewalk."
Reading from the requirements of the code and
staff findings.
The subject property is currently a gas station
and the redevelopment of the site per the proposed
site plan will allow for the development
appropriate in character and compatible with the
surrounding area.
The new design is consistent with the Westshore
overlay district and has -- and the proposed
convenience store at the northwest corner of the
property with a main entrance on North Dale Mabry
Highway.
We feel our site plan and building design adheres
to both the intent of the comprehensive plan and
the intent of the Westshore overlay district.
We feel we are within the context of the
community.
We are located at the last intersection before the

on/off ramp of interstate 275.
We feel that our location is a prime location for
a modern convenience store and gas station.
Finally, I'd like to read an excerpt from the
staff analysis of our proposal.
It reads the following: Proposed redevelopment
will not only be compatible with the existing
neighborhood, but it will also implement many
pedestrian connectivity elements encouraged in the
Tampa comprehensive plan.
Also, the Planning Commission staff found our
proposed planned development consistent with the
plan -- excuse me, the Tampa comprehensive plan.
I now would like to turn it over to our engineer,
Mark Sullivan.
He will describe what we have done to mitigate
natural resource impacts and various other
details.
07:05:05 >> Good evening, Council.
I'm Mark Sullivan.
I'm with Florida engineering environmental
services, 4519 George road, suite 130, Tampa,
33634.
I just wanted to touch on a few site engineering
items.

Point out about the difference between the
existing site and what we're proposing, what's
before you tonight.
With regard to vehicular access, the existing site
driveway onto the site, Dale Mabry Highway is
under the jurisdiction of F.D.O.T.
The proposed side driveway that you're looking at
almost exactly replicates what is there today.
We've had preliminary discussions with F.D.O.T.
They are fully in acceptance of what you see in
front of you today.
With regard to Cypress Street, that's under the
jurisdiction of the city.
The location of the driveway on the proposed land
has been reviewed and matches very well with the
Cypress Street improvements that the city is
currently having designed.
And just to point out the location of the driveway
onto cypress provides for greater clearance from
the corner at Dale Mabry, which is a really safety
upgrade.
With regard to pedestrian access, you'll note on
the plan that, of course, we do comply with the
Westshore overlay with regard to wider sidewalks
on both cypress and on Dale Mabry.

And pedestrian access from the front of the store
is directly to the sidewalk along Dale Mabry.
We're fully ADA compliant from both that access
point as well as the one that goes up to west side
store entrance.
Again, this goes towards safety upgrades from what
is existing today to what is proposed.
With regard to landscaping, proposed improvements
going to enhance the landscape features of the
site or what is there today.
This will include on-site plantings, trees and
hedges, and any required contributions to the tree
trust fund that will be worked out with staff
during the permitting process.
And that's provided for as part of the waiver
request as far as the -- contribution.
With regard to the utilities, the site is
currently served by water and wastewater.
The city facilities.
The services will be continued with adjustments as
needed based on the building locations.
Any upgrades -- enhancements will be pursuant to
city policy.
Locations, meter size, things like that, that will
all be worked out during the permitting process.

With regard to stormwater, the site will be
undergoing permitting through the city F.D.O.T.
and S.W.F.W.M.D.
In compliance with the requirements of all the
agencies is going to certainly enhance the
stormwater treatment and attenuation
characteristics of what is there today.
Positive in all respects from the -- standpoint.
I'm happy to answer any questions you have.
07:08:15 >>FRANK REDDICK:
Any questions from Council?
All right.
07:08:19 >> Turn it back over to Andrew.
07:08:23 >> Important to note we received no opposition
regarding our petition.
Also, I wanted to thank staff on their efforts the
last few months working with what we feel is an
agreeable site plan.
I also want to personally thank staff.
This is my first project, so I apologize if I ask
questions two or three times.
Thank you.
07:08:43 >>FRANK REDDICK:
Thank you.
Anybody in the audience wishing to speak on item
number 8?
07:08:54 >> Move to close.

07:08:55 >>FRANK REDDICK:
Got a motion by Mr. Miranda.
Seconded by Ms. Montelione.
All in favor, aye.
All right.
I'm going to ask Mr. Miranda, would you read
number 8?
07:09:06 >>CHARLIE MIRANDA:
Thank you, Mr. Chairman.
Move file REZ 15-74, ordinance presented for first
reading, an ordinance rezoning property in the
general vicinity of 1001 North Dale Mabry Highway
in the City of Tampa, Florida and more
particularly described in section 1 from zoning
district classification PD-A planned development
alternative to PD planned development, retail
sales, gasoline and convenience goods with
accessory car wash.
Providing an effective date.
07:09:34 >>FRANK REDDICK:
Motion by Mr. Miranda.
Seconded by Mr. Cohen.
All in favor, aye.
Opposed.
07:09:38 >>THE CLERK:
Motion carried with Suarez being
absent at vote.
Second reading and adoption will be on
February 4th at 9:30 a.m.

07:09:44 >>FRANK REDDICK:
All right.
Go to item number 9.
07:09:46 >>MARY SAMANIEGO:
Mary Samaniego, item number 9 is
REZ 15-78.
It's for Jesuit High School rezoning from RS-60
and planned development to planned development to
add one additional lot ...
07:10:04 >> Good evening, Council members.
David Hay with your Planning Commission staff.
I have been sworn.
We're in the central Tampa planning district for
the next one.
We all know where Jesuit High School is.
The southeast corner of West Osborne and North
Himes Avenue.
It is within the plaza terrace neighborhood.
The whole site total is about 34 acres.
There is transit out on Himes, and it's not within
an evacuation zone.
On to the aerial, the property that's being added
is up in the -- probably the northeast kind of
corner of the subject site.
As you can see, the neighborhood is basically
single-family detached.
We have Himes Avenue on the west, Al Lopez park,

and then we have the Tampa Bay Park, which is an
office park to the south and St. Joseph's.
Overall, schools are recognized use within all the
future land use categories.
The PD -- helps if I put up the future land use
map.
It is under that public/quasi-public category, so
it is a recognized use.
There are no real changes occurring within the PD,
except to add that property.
So, therefore, based on those findings and the
goals, objectives and policies of the
comprehensive plan, Planning Commission staff
finds the proposed rezoning consistent with the
Tampa comprehensive plan.
Thank you.
07:11:35 >>MARY SAMANIEGO:
Thank you, David.
Mary Samaniego.
I'll make this quick.
The only changes to the previously approved plan
development which was REZ 14-23, is the -- this
one house, purchased by Jesuit High School and is
being incorporated into the overall planned
development.
Because the boundary of the planned development is

expanding, it has to come back before you.
No other changes to the planned development are
occurring.
Beyond what it says in your staff report.
The Development Review Compliance staff finds it
consistent, and there are no revisions between
first and second reading.
There are no new waivers and the previously
approved waivers, the two of them will continue
forward.
Do you have any questions?
07:12:34 >>FRANK REDDICK:
You say you found it consistent.
07:12:36 >>MARY SAMANIEGO:
Yes, sir.
Consistent, no waivers, no changes.
07:12:39 >>FRANK REDDICK:
Thank you.
Any questions from Council?
Petitioner.
07:12:46 >> I just have one question for the petitioner.
Is this such a simple change that you didn't even
bring us a book?
[ LAUGHTER ]
07:12:54 >> I was going to say, look, no book.
No book.
07:12:59 >> The trees thank you, Ms. Grimes.
07:13:04 >> Ms. Montelione pointed out to me she thought I

was being excessive as far as killing trees.
But I saw your book for your Council meeting.
I think you got me beat.
07:13:16 >> Touché.
[ LAUGHTER ]
07:13:20 >>LISA MONTELIONE:
If we had the technology, I
would be using it.
We seem a little behind in that department.
07:13:26 >> Gina Grimes with the law firm of Hill Ward
Henderson, 101 East Kennedy Boulevard here tonight
representing Jesuit High School.
And staff has been accurate and succinct so I'm
not going to add any more to it other than to say
this one lot along Osborne, this is Himes down
here, Himes Avenue down at the bottom here.
This is Osborne.
This area is proposed to be a parking lot.
Staff has found it consistent.
I also want to put into the record a letter from
the president of the Neighborhood Association,
plaza terrace, saying that they have no opposition
to the request and they are in support.
07:14:15 >>FRANK REDDICK:
Any questions from Council?
Mr. Suarez.
07:14:19 >>MIKE SUAREZ:
Ms. Grimes, that space there, is

that going to additionally be parking or is that
just going to be more for setback for the building
use and stuff?
07:14:28 >> This space right here?
07:14:29 >>MIKE SUAREZ:
Yeah.
The space that's being acquired and put in there.
07:14:32 >> This whole area here was designated back in
June when you approved the overall PD as a parking
area, but it's just that this lot was not yet
owned by Jesuit.
We're just adding it to --
07:14:46 >>MIKE SUAREZ:
Not changing it at all.
Just added on to the parking lot.
07:14:50 >> Right.
And all kind of buffering and fencing that go
along Osborne when that parking lot is
constructed.
07:14:56 >>MIKE SUAREZ:
Thank you very much.
And thank you for not bringing a book and killing
more trees.
07:15:01 >>FRANK REDDICK:
Any additional questions from
Council?
Seeing none, anyone in the audience wishing to
speak on item number 9?
07:15:08 >> Move to close.

07:15:09 >>FRANK REDDICK:
We got a motion from Mr. Miranda.
Seconded by Mr. Cohen.
All in favor of the motion, aye.
Mr. Suarez, would you read number 9.
07:15:20 >>MIKE SUAREZ:
Thank you, chair.
I present an ordinance for first reading
consideration.
An ordinance rezoning property in the general
vicinity of 4701 North Himes Avenue, 3320, 3322,
3402, 3404, 3406, and 3408 west Osborne Avenue and
4612 and 4616 North Emerald Avenue in the City of
Tampa, Florida, and more particularly described in
section 1 from zoning district classification
RS-60, residential single-family, and PD, planned
development, school, to PD planned development
school, providing an effective date.
07:15:56 >>FRANK REDDICK:
Motion by Mr. Suarez.
Seconded by Mr. Maniscalco.
Any discussion?
All in favor of the motion, aye.
Any opposed?
07:16:04 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on
February 4th at 9:30 a.m.
07:16:10 >>FRANK REDDICK:
Item number 10.

07:16:11 >>MARY SAMANIEGO:
Item number 10 is REZ 15-79, a
rezoning request for the property located at 3006
North 50th Street from RM-16, multi-family
residential 16, to planned development for retail
sales, shopper's goods.
07:16:31 >>DAVID HAY:
Good evening, Council members.
David Hay with your Planning Commission staff.
We move over to the central Tampa planning
district for the next case.
It is -- the subject site is located in the East
Tampa urban village.
It's a .86-acre subject site.
It's located at the northwest corner of North
50th Street and Melbourne Boulevard.
It is located within the Highland Pines
Neighborhood.
The site is located on a mixed use corridor as
defined by the comprehensive plan.
There is transit service along this portion of
North 50th Street and Melbourne, the route
number 6 connecting the subject site to downtown
Tampa Netpark and the university area.
And there is -- it is not located within an
evacuation zone.
Here we have the aerial, the subject site is in

the middle.
We've got North 50th Street running north-south.
Melbourne Boulevard kind of veers off to the west.
We've got interstate 4 to the south and old
Columbus Drive and Columbus Drive intersection
that's further to the south.
In the area, this part of North 50th Street,
there are a number of hotel uses.
There is a Days Inn directly across the street.
There are heavy commercial uses.
You have the auto auction here, facility up there
kind of to the northeast.
And then back adjacent to the site along North
49th Street, there are a number of single-family
and duplex uses.
On to the future land use site, the front part of
the site located on North 50th Street is running
right here, that is the community mixed use-35
future land use category.
It runs along North 50th Street.
In the back, we've got the residential -- I
believe category.
Residential 10 further back, the red is the
community commercial 35.
Overall, the petitioner's request, if approved,

would allow for the development of a
7,381-square-foot retail store.
The petitioner's application does provide a
sensitive transition to the adjacent neighborhood
while maintaining the character of the area.
The petitioner has made an attempt to implement
policy 16.1.2 by placing the building close to the
roadway and orienting parts of the entrance toward
street.
The redevelopment of the site provides for a
stable neighborhood and continued economic
vitality along the 50th Street corridor.
Therefore, based on those findings and the goals,
objectives and policies of the comprehensive plan,
the Planning Commission staff finds the proposed
rezoning consistent with the Tampa comprehensive
plan.
Thank you.
07:19:35 >>MARY SAMANIEGO:
Thank you.
Mary Samaniego.
Here is the zoning map for the subject property.
The subject property is in green.
It's currently zoned RM-16.
One lot to the north is commercial general and
then further to the north is a recently approved

Dollar General which I'll show you pictures of.
This property is owned by D.O.T.
And then across 21st is commercial general
property.
There are two houses on the subject property which
will be demolished.
Here's one of the houses that faces 50th Street.
And then the other house that faces 50th Street,
all that will be removed.
This is looking down Melbourne Avenue.
I'm going to go around the block.
This is utility station on Melbourne and 19th,
49th.
Across 49th is a small grocery store.
This is looking northward up 49th Avenue.
I'll go up here and then come around the block.
There are a couple of duplexes on 49th.
A series of single-family houses up and down the
street.
Here is the Dollar General.
It was recently constructed.
Again, it's right here, this planned development
on 23rd and 50th.
I will note that this site, the application site
as well as the Dollar General site is located in

the East Tampa overlay district.
One of the overriding concepts of that overlay
district as well as many of our other overlay
districts is to try to bring the buildings
forward.
As you can see, this building is forward with the
sidewalk and then the road.
This is between the Dollar General and application
site a single-family house.
And then myriad of office and light manufacturing
uses across 50th Street and a hotel.
The applicant is proposing an AutoZone.
Specialty retail store.
Here is the site plan.
There is an access, dual access ingress and egress
off of 50th Street.
They have worked with D.O.T. to get that as far
north as possible, away from the intersection of
50th and Melbourne.
They are also asking for a second two-way access
onto 49th Street, which is a local road and
which requires a waiver.
The building area is approximately 7400 square
feet.
There's a series of parking, solid waste

dumpsters.
They are providing pedestrian connections within
the site.
Both sides of the building, as well as connecting
into the pedestrian network for the rights-of-way.
There are four waivers being requested to 2728312j
for access to a local 49th Street.
27284 to revise the UC use buffer on the north.
It should say the north, not the west.
On the north from 15 feet with six-foot high
concrete masonry wall to six-foot high PVC fence.
Asking to put a PVC fence instead of the concrete
masonry wall.
To relocate the building signage from the west
side of the building on 49th Street to the south
side of the building.
Because there is D.O.T.-owned property, it's not
right-of-way.
It's property owned by D.O.T. and utility, they
aren't eligible for wall signs on this part of the
building because they don't have street frontage.
But they are eligible for street wall signs on
this side, 49th Street because, again, it has
direct street frontage.
This is kind of a residential area.

They are asking for a waiver to move the sign that
they could put here to this outside.
The last waiver they are requesting is from 1349 G
6 to remove three non-hazardous grand trees
on-site.
And that's to be revised between first and second
reading.
As you can see, the existing site with the two
older single-family houses has significant trees
kind of dotted throughout the site.
I do know the applicant has worked closely with
natural resources to try to protect the best trees
on-site.
There are revisions between first and second
reading to revise the waiver table.
Urban design just had a couple of notes that they
wanted to add and natural resources just a note to
add to identify all the grand trees specifically.
Because of the access to the local street being
49th, transportation did find this inconsistent.
All the other agencies did find it consistent.
However, the overall plan is inconsistent because
of transportation.
But should it be the pleasure to approve the
waivers, adopt the revisions as stated in the

report.
Do you have any questions?
07:25:36 >>FRANK REDDICK:
Any questions from Council?
Petitioner?
07:25:50 >> Hello.
Jason Kinney, Kinney engineering, 2573 74th
Avenue, St. Petersburg, Florida.
I'd like to start off by thanking staff for their
time and assistance on this project.
They have been very helpful, and we appreciate
that.
Basically, just as Ms. Samaniego summarized, we
are proposing to bring in a new retail
development.
It is an AutoZone store, as shown on your
packages.
I do not believe that they put up the building
elevations, so I would like to show that, if I
may.
I do like this elevation, and I think it falls
pretty consistent with the area.
The building elevation was prepared by AutoZone.
They've included some architectural enhancements
so that it would fall within the nature of the
neighborhood.

The building has also been placed up along the
50th Street corridor to make it more urban and
pedestrian friendly.
And as well as that includes some of the facade
enhancements, such as the -- I'm sorry, parapet
walls and the stucco and the brick textures.
As shown on the bottom elevation here, this is the
sign that we are requesting the waiver for.
The sign would be allowed along this rear wall
here.
We're simply requesting to move it over to the
south wall.
The front entranceway is along -- is up here, and
that is the one that is along 50th Street.
The waivers that we are requesting include the
removal of three grand trees.
We have worked with the natural resources with the
city along with our arborist.
We've gone through to identify upwards of 11 grand
trees on-site.
Two of which were deemed hazardous so that leaves
us with nine that we were working with.
What we did is we maneuvered the site plan around
a little bit in order to preserve the best quality
trees that we could, as well as sometimes that did

come at the expense of another, for example, one
of the trees is almost dead center in the middle
of the site.
But we found that by moving that one, that allowed
us to move the building further to the south and
maintain some trees along the north property line
that are grand trees.
The same thing along the west property line, there
are a series of six oak trees along there, five of
which are the grand.
Of those six there, one was a hazardous.
That was removed out.
One was an undesirable, and then three -- I'm
sorry -- one is desirable, someone hazardous, and
that left three trees that we could keep by
putting the driveway in a location that eliminated
one.
And the one that was eliminated was the one that
was next to the undesirables and hazardous trees.
We did try to locate things as well as possible to
incorporate and to preserve the other remaining
trees on-site.
The other waivers there, the wall, request a
waiver to go from a wall to a fence along the
north property line.

This is solely for the purpose of the protection
of the trees that are along that property line.
The fence would be less likely to impose on the
roots.
And then the last waiver is for the commercial
traffic access onto a local roadway.
This waiver, if granted, would allow a driveway
onto 49th Street.
That we feel this driveway is important for the
circulation on the on-site retail, mainly to allow
for larger vehicles, delivery vehicles, if
necessary, to make maneuvering to back up into the
loading area and exit the site.
I do want to note that the driveway at that
location, the parcel across 49th street is, in
fact, a commercial zoned parcel, CG zoning, and
that's the neighborhood market that is right there
at the rear portion.
So that driveway would not be adjacent to the
actual residential zoning.
With that, I'm happy to answer any questions you
might have.
07:30:34 >>FRANK REDDICK:
Any questions from Council?
Anyone in the audience wish to speak on item
number 10?

07:30:41 >> Move to close.
07:30:42 >>FRANK REDDICK:
Got a motion to close from
Mr. Miranda.
Second by Ms. Montelione.
To the petitioner, because I didn't hear anything
about part of the presentation, are you aware that
this project that you're working on is within the
boundaries of the CRA?
For East Tampa?
07:31:02 >> I was not, no.
07:31:04 >>FRANK REDDICK:
Okay.
The boundary ends south of Columbus Drive.
So you're within the boundaries of the CRA for the
East Tampa project.
07:31:14 >> Oh, yes, yes.
07:31:15 >>FRANK REDDICK:
Okay?
All right.
07:31:18 >> Repeat the thing about the trees again.
07:31:20 >>CHARLIE MIRANDA:
I'm just joking with you.
[ LAUGHTER ]
07:31:24 >>FRANK REDDICK:
Got a motion from Mr. Miranda.
Seconded by Montelione.
Okay.
All those in favor of the motion, aye.
Those opposed?

Okay.
Ms. Montelione.
Would you read number 10?
07:31:44 >>LISA MONTELIONE:
I move an ordinance being
presented for first reading consideration, an
ordinance rezoning property in the general
vicinity of 3006 North 50th Street in the City
of Tampa, Florida, and more particularly described
in section 1 from zoning district classification
RM-16, residential, multifamily, to PD, planned
development, retail sales, shopper's goods,
providing an effective date.
07:32:08 >> Second.
07:32:11 >>LISA MONTELIONE:
And any revisions presented by
Ms. Samaniego.
07:32:13 >>FRANK REDDICK:
Motion from Ms. Montelione --
07:32:17 >>MARY SAMANIEGO:
Mary Samaniego.
As well as the revision to the waiver for the PVC
fence on the north side, not the west side.
07:32:25 >>LISA MONTELIONE:
Right.
That would have been included in all the revisions
presented by Ms. Samaniego.
07:32:31 >>FRANK REDDICK:
Motion from Ms. Montelione.
Seconded by Mr. Maniscalco.
Any further discussion of the motion?

All those in favor of the motion, aye.
Opposed?
07:32:38 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on
February 4th at 9:30 a.m.
07:32:43 >>FRANK REDDICK:
All right.
Our final, last item of the night.
Number 11.
07:32:49 >>MARY SAMANIEGO:
Mary Samaniego.
Item 11, REZ 15-81, rezoning request from
commercial general to planned development for all
commercial general uses at property at 4015, 4017,
4023, 4027, and 4055 South Dale Mabry.
07:33:09 >>DAVID HAY:
Good evening, Council members.
David Hay with your Planning Commission staff.
I have been sworn.
Our last case, we travel down to South Tampa
Planning District.
It is a 3.5-acre subject site.
It's located in the vicinity of the southwest
corner of South Dale Mabry Highway and west of Bay
Vista Avenue.
It is located on a transit emphasis corridor, Dale
Mabry Highway.
It is also located on a mixed-use corridor as

defined by the comprehensive plan.
There is transit on that portion of Dale Mabry
connecting the subject site to MacDill Air Force
Base and up to the Carrollwood area and over to
the Britton Plaza transfer center, which is
directly kind of to the northeast of the subject
site.
And the subject site is located within that level
C evacuation zone.
On to the aerial, the subject site is right here
as usual, right in the middle.
Got Dale Mabry Highway, Bay Vista, Euclid is up
here.
Britton Plaza is to the northeast.
We've got the Selmon Expressway, the Lowe's.
The Grand Key Condos directly to the south.
And then we've got single-family detached
residential basically to the west.
Directly to the north is a bank and American
Legion Post 139.
On to the future land use map, you can see that
the subject site kind of makes up a larger
activity center near the interchange of Selmon
expressway and Dale Mabry highway and Gandy.
The subject site is that community mixed use-35.

Future land use category, which is in the pink,
directly across the street is that community
commercial 35.
That allows up to CI uses.
And then the tan that basically surrounds the area
is that residential 10 land use category.
The proposed rezoning would allow for the
redevelopment of existing strip shopping center.
The existing buildings, which recently were
demolished was set to the rear of the subject site
within mixed use corridors, buildings are
encouraged to be located adjacent to public
rights-of-way.
Though the proposed buildings are separated from
the public right-of-way by one row of parking, the
proposed location of the buildings are an
improvement over existing conditions and would
further a number of comprehensive plan goals,
objectives and policies regarding development
along mixed use corridors.
They have also included direct pedestrian
connections between the building entrances and the
public sidewalks, which there's policy language
that supports that within the comprehensive plan.
Overall, the proposed planned development would

provide for a development that is comparable and
compatible with the existing development pattern
found along this portion of South Dale Mabry
highway.
Therefore, based on those findings and the goals,
objectives and policies of the comprehensive plan,
the Planning Commission staff finds the proposed
rezoning consistent with the Tampa comprehensive
plan.
Thank you.
07:36:19 >>MARY SAMANIEGO:
Thank you.
Mary Samaniego.
Here's the aerial photograph of this site.
Again, as David stated, it's kind of a much older
development, strip commercial shopping center,
like an L shape and miscellaneous retail building,
which have all been demolished.
The application site is in a large commercial
general area.
So it's already zoned commercial general.
They are asking for all commercial general uses.
Commercial general for Britton Plaza across the
street, and then it goes back into a
long-established residential neighborhood, RS-60
down Bay Vista.

Here is the subject property currently under
construction.
Let me give you a brief history on this site.
The applicant came in to pull building permits,
and it was determined that even though -- this is
the planned development site.
This access point to Bay Vista has existed since
the '80s, because they are completely
redeveloping that site, they have to ask for that
access to the local again.
So that's why the planned development is before
you.
And that's one of the waivers to access to a local
west Bay Vista Avenue.
Because of that, they elected to get a building
permit just for this property without that.
So it's currently under construction.
If the application tonight is denied, then they
would just use the two access points onto Dale
Mabry however they like to retain the Bay Vista
access point.
So they filed for a plan development, and they are
before you tonight.
We have reviewed the site plan again.
To review codes beyond what was reviewed with the

building permit.
The building permit did include this one-acre
site.
We did not include it in the planned development
because they had no building plans for it at the
time.
This is the driveway in question that accesses Bay
Vista.
The local driveway.
Part of the American Legion angled parking is off
of this.
07:39:01 >> On the corner there is a Walgreens, right?
They already have access to Bay Vista from
commercial.
07:39:10 >>MARY SAMANIEGO:
Directly across the street is
access to Walgreens, across the street from this
proposed driveway.
Here is the driveway, and then it goes back into
the residential neighborhood.
A house, catty-corner.
This is directly to the south.
This is the American legion parking lot that uses
that driveway for part of their angled parking.
This is looking north.
There is a light at the corner of Bay Vista and

Dale Mabry.
So traffic coming out of this development
professionally would say would go north to the
light as opposed to cutting back in the
neighborhood.
This is the intersection of Dale Mabry and Bay
Vista.
Looking at Britton Plaza.
As far as waivers being requested, again access to
the locals from Bay Vista.
Along the same lines, to reduce the required use
buffer on the west from 50 feet with six-foot high
masonry wall to five feet with six-foot high
masonry wall.
They are in compliance with most of the site.
It's just for where the driveway is.
This distance is not 15 feet.
They can't make it 15 feet and not violate the
driveway width requirements.
So that's a waiver.
The last waiver, which I'm going to verbally
end, is to 1345 G 6 to reduce the required tree
retention from 50% to 28%, which is a 72% removal
with fee in lieu payment paid at the time of
permitting.

There are several trees on-site.
Let me show you an aerial.
That kind of were the function of landscape
islands for the older 80s development and then
some along the property.
Because of the new configured site plan, they are
completely redoing the parking lot as well.
Many of the trees are requested to be removed.
So that's the nature of that waiver request.
There are modifications to the waiver table to be
done between first and second reading as well as a
couple of notes as far as greenspace, impervious
area, stormwater just had one note to correct.
Transportation found it inconsistent for the
access to the locals.
Natural resources found it inconsistent because of
removing more than 50% of the trees on-site.
And we're still waiting for written confirmation
from EPC as to possible wetland to the south of
the property.
Other than that, they are requesting a total three
building pads.
One to the south.
This is not in an overlay, but they did try to
move some of the buildings forward.

This large building to the south would be a
fitness center, and then two buildings built,
suites to be rented out for any commercial general
uses further to the east.
In the surrounding parking lots.
Because of the inconsistent finding from natural
resources and transportation, the development
review and compliance staff did find it
inconsistent, however, if the City Council chooses
to approve the plan, the revisions -- on the
revision sheet as well as verbally change
revisions can be done.
Do you have any questions for me?
07:43:06 >>FRANK REDDICK:
Any questions from Council?
Petitioner?
07:43:16 >> Good evening, Gregory Roth from Bohler
Engineering.
3820 Northdale Boulevard.
I have been sworn in.
I appreciate your time this evening, and I greatly
appreciate Ms. Samaniego and Mr. Hay's report.
I find it accurate.
We have been working very closely with staff for
what feels like a year now.
I appreciate the patience.

What seemed to be an easy CG building permit and
site redevelopment for a commercial center, which
when presented seemed to be a good upgrade and
redevelopment came along with a little bit of
hair, but that's all redevelopment processes these
days.
So, again, staff being patient, worked with us.
We looked at a few different options of how to
address a small sliver of property that's only
30 feet wide that has an existing access to a
local collector.
Looked at a couple of different options of whether
we would deed the property over to American
legion.
For whatever reason, they are not in the process
of acquiring and obtaining property.
I don't blame them.
We didn't want to adversely impact the American
legion by removing the access because they do back
out onto it.
After much head scratching, we decided the best
route was go down the PD process and ask for a
rezone.
We do agree with the changes that Mary had
mentioned throughout her report, and we will be

making those between first and second reading.
With that, I will keep it brief and open it up to
any questions you may have.
07:44:37 >>FRANK REDDICK:
All right.
Any questions from Council?
Anyone in the audience wishing to speak on item
number 11?
07:44:44 >> Move to close.
07:44:45 >> Second.
07:44:46 >>FRANK REDDICK:
Motion by Mr. Miranda.
Seconded by Mr. Cohen.
All in favor of the motion, aye.
Opposed?
All right.
Mr. Maniscalco, would you read item number 11.
07:44:56 >>GUIDO MANISCALCO:
Thank you very much,
Mr. Chairman.
I have an ordinance being presented for first
reading consideration.
An ordinance rezoning property in the general
vicinity of 4015, 4017, 4023, 4027, and 4055 South
Dale Mabry highway in the City of Tampa, Florida,
and more particularly described in section 1, from
zoning district classifications CG commercial
general to PD planned development, all CG uses,

providing an effective date.
07:45:25 >> Second.
07:45:25 >>FRANK REDDICK:
All right.
Got a motion from Mr. Maniscalco.
Seconded by Mr. Suarez.
All in favor of the motion say aye.
Opposed?
07:45:34 >>THE CLERK:
Motion carried unanimously.
Second reading and adoption will be on
February 4th at 9:30 a.m.
07:45:39 >>FRANK REDDICK:
All right.
Information and reports?
Mr. Miranda.
07:45:41 >>CHARLIE MIRANDA:
Thank you much, Chairman.
Requesting a commendation to be presented to
Richard S. Caldevilla, Senior at the annual George
Guida Memorial Outstanding Citizen of West Tampa
Award on February 11, the year 2016.
07:45:55 >>FRANK REDDICK:
Motion from Mr. Miranda.
Seconded by Mr. Maniscalco.
All in favor, aye.
Mr. Suarez.
07:46:02 >>MIKE SUAREZ:
Thank you, chair.
The only thing I have to say is Monday is MLK day,
and just, please, remember the ideals that he

embodied and lived for, eventually died for.
And that we do something good in the community.
I know we have a heritage celebration at Curtis
Hixon Park this weekend.
And a parade that I think, if not all of us, most
of us are going to be in.
I hope everyone enjoys the holiday on Monday.
Thank you.
07:46:28 >>FRANK REDDICK:
Mr. Miranda, bring the cigars.
[ LAUGHTER ]
Ms. Capin.
07:46:35 >>YVONNE CAPIN:
Yes, I'd like to make a motion for
a five-minute presentation by Dale Gordon, the
Tampa-Hillsborough Film Commission -- from the
Tampa-Hillsborough film commission, regarding the
state of filming industry in the State of Florida.
And I'd like that five-minute presentation to be
on January 21 at 9 a.m.
07:46:56 >> Second.
07:46:57 >>FRANK REDDICK:
Motion by Ms. Capin.
Seconded by Mr. Suarez.
All in favor of the motion, aye.
07:47:03 >>YVONNE CAPIN:
I would also like to put on the
record that the next Cultural Assets Committee
report to City Council is May 12th at 5:45.

07:47:16 >>FRANK REDDICK:
p.m.
07:47:19 >>YVONNE CAPIN:
Oh, p.m.
Yes.
07:47:21 >>FRANK REDDICK:
Motion by Ms. Capin.
Second by Mr. Cohen.
All in favor of the motion, aye.
07:47:28 >>YVONNE CAPIN:
Thank you.
07:47:29 >>FRANK REDDICK:
I'm requesting a commendation to
be presented to the Annual Tampa Organization of
Black Affairs (TOBA) Breakfast on January 18,
2016.
07:47:41 >> We have a motion from Chairman Reddick.
Seconded by Councilman Maniscalco.
All those in favor, please indicate by saying aye.
Opposed?
All right.
07:47:49 >>FRANK REDDICK:
I'm requesting commendation to be
presented to the City of Tampa Black History Month
Committee to be presented at their program on
February the 8th, 2016.
07:48:04 >>HARRY COHEN:
We have a motion from Councilman
Reddick, seconded by councilwoman Montelione.
All in favor, aye.
07:48:12 >>FRANK REDDICK:
The next item is to request
Celeste Gibbons Peoples, Chairman of the City of

Tampa Black History Committee, to be scheduled to
come before Tampa City Council 9:00 a.m.
January 21st to provide an overview of City of
Tampa Black History Month Program to be held on
February 8.
07:48:32 >> Motion by Councilman Reddick.
Seconded by councilwoman Montelione.
All in favor, aye.
Opposed?
07:48:39 >>FRANK REDDICK:
The final item is a motion to
request the Legal Department to prepare a
resolution granting permission to use the Official
Seal of the City of Tampa on programming
materials, digital print, broadcast advertisements
as it relates to the Black History Month
activities hosted by the City of Tampa Black
History Committee during the month of February,
which are as follows: The 28th Annual City of
Tampa Black History Celebration; and also
requesting permission to use the seal of City of
Tampa for programming materials and advertisements
related to City of Tampa Black History Committee
Scholarship Awards Ceremony scheduled for May of
2016.
07:49:15 >> Second.

07:49:17 >>HARRY COHEN:
We have a motion from Councilman
Reddick.
Seconded by Councilwoman Montelione.
All those in favor, please indicate by saying aye.
Opposed?
07:49:26 >>FRANK REDDICK:
That's it.
07:49:28 >>HARRY COHEN:
None for me.
Thank you.
But I'll be in the parade.
07:49:33 >>FRANK REDDICK:
Mr. Maniscalco.
07:49:39 >>GUIDO MANISCALCO:
Visit Tampa Bay is in the
process of bidding for the 2018 Annual Meeting of
the National Society of Hispanic MBAs.
And I'd like to make a request that we as Tampa
City Council do send a letter of moral support, if
that's all right with you.
07:49:56 >> Second.
07:49:57 >>FRANK REDDICK:
Motion from Mr. Maniscalco.
Seconded by Ms. Capin.
All in favor of the motion, aye.
Opposed?
Okay.
07:50:05 >>GUIDO MANISCALCO:
As Councilman Suarez has
already mentioned, Monday we honor the legacy and
remember Dr. Martin Luther King, and I would like

to leave everybody with what I think is one of his
best quotes:
Darkness cannot drive out darkness.
Only light can do that.
Hate cannot drive out hate.
Only love can do that.
That's it.
07:50:29 >>FRANK REDDICK:
Thank you. Ms. Montelione.
07:50:30 >>LISA MONTELIONE:
Yes, sir.
I'll make up for some of the days that I said I
had nothing.
I would like to have a status report from the
Tampa Police Department on the Department of
Justice Community Policing Report that we expected
to have sometime the end of December.
So as we are nearing the end of January, I would
like to find out if they know where that report
is.
So if we hear that, have that item on February
4th at 9 a.m.
07:51:01 >>FRANK REDDICK:
We have a motion by
Ms. Montelione.
Seconded by Mr. Suarez.
All in favor of the motion, aye.
07:51:09 >>LISA MONTELIONE:
I would also like to have TPD

give us a status of the outreach programs that
were discussed during our discussion of the
bicycle ticketing issues.
I guess the same day.
February 4th, 2016 at 9 a.m.
07:51:25 >>FRANK REDDICK:
All right.
Motion from Ms. Montelione.
Seconded by Mr. Suarez.
All in favor of the motion say aye.
Opposed?
Okay.
07:51:32 >>LISA MONTELIONE:
Thank you.
I would like to have Vanessa McCleary from
Affordable Housing give us a report on the
estimates of affordable housing shortages within
the city limits for low and very low income
citizens and the impacts of the North Boulevard
Homes residents' relocation by the Tampa Housing
Authority on their waiting list.
And I would also request the Tampa Housing
Authority be present for that.
I would also request a report from her regarding
the same topic from the Affordable Housing
Advisory Board.
07:52:11 >> When do you want that?

07:52:13 >>LISA MONTELIONE:
Oh, let's have that -- the
18th looks pretty packed.
How about March 3rd at 9 a.m.?
07:52:21 >>FRANK REDDICK:
All right.
Got a motion from Ms. Montelione.
Seconded by Mr. Maniscalco.
All in favor of the motion, aye.
Opposed?
07:52:29 >>LISA MONTELIONE:
I would, lastly, like to
request the Tampa Hillsborough Homeless Initiative
to be present and give a report and ten-minute
presentation after the "Point in Time Homeless
Count" is completed.
The date for the homeless count is
February 25th, so if they could appear
March 17th at 9 a.m.
07:52:56 >>FRANK REDDICK:
All right.
Motion from Ms. Montelione.
Seconded by Mr. Maniscalco.
All in favor of the motion say aye.
Opposed?
All right.
07:53:03 >>LISA MONTELIONE:
And I would like to announce
that they are looking for volunteers for the
homeless point in time count that will take place.

Unfortunately for us, it's hard for us to
participate because they do it on a Thursday.
Thursday, February 25th, 2016.
If you would like to offer your hands in
volunteering, it is a 24-hour process, and you can
visit THHI.org for more information on
volunteering.
Thank you very much, sir.
07:53:33 >> But we will be here both morning and night on
that day.
07:53:36 >>LISA MONTELIONE:
On that day, yes.
It makes it very difficult for us, unless we want
to go three or four in the morning.
I'm not sure what kind of shape we'll be in at 9.
07:53:46 >>FRANK REDDICK:
Motion to receive and file by
Mr. Miranda.
Seconded by Ms. Capin.
All in favor of the motion say aye.
Opposed?
Thank you.
We stand adjourned.