TAMPA CITY COUNCIL
Thursday, February 11, 2016
6:00 p.m.
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06:05:12 >>FRANK REDDICK: All right.
06:05:14 Please, if you can, take your seat.
06:05:16 We're going to call this evening meeting to order.
06:05:19 And we will have roll call.
06:05:22 >>CHARLIE MIRANDA: Here.
06:05:25 >>MIKE SUAREZ: Here.
06:05:27 >>HARRY COHEN: Here.
06:05:29 >>GUIDO MANISCALCO: Here.
06:05:30 >>LISA MONTELIONE: Here.
06:05:30 >>FRANK REDDICK: Here.
06:05:32 >>FRANK REDDICK: Mr. Clerk, let me just read for the
06:05:34 record that Ms. Capin will be here but arriving a few
06:05:37 minutes late and that Mr. Miranda will have to leave
06:05:41 around by 7:15 to make, to attend an event.
06:05:46 And he'll be coming back to be a part of the regular
06:05:49 session before we conclude.
06:05:51 Just want to have that stated for the record.
06:05:55 All right.
06:05:58 Please state your commendation.
06:06:00 >>CHARLIE MIRANDA: Mr. Chairman, it's my pleasure and
06:06:35 honorable members of the Tampa City Council to be here
06:06:37 this morning with Kolby R. Miller.
06:06:40 Mr. Miller is a Boy Scout of troop 53.
06:06:44 And he is an individual that has done so much, as you
06:06:48 well know, to do and be in the Boy Scouts and be able to
06:06:53 do public speaking, merit badges by participating in the
06:06:56 American Legion oratorical contest held on January 30th,
06:07:00 2016.
06:07:01 He's an excellent individual.
06:07:06 He's about two inches taller than me.
06:07:07 [ Laughter ]
06:07:09 >>CHARLIE MIRANDA: And got a lot more hair, a lot more
06:07:11 brains, I guarantee you.
06:07:13 He's an individual that I consider are like all of us,
06:07:16 that's what make America great, individuals like this
06:07:19 young man and individuals in this country that dream of
06:07:22 something, go out and do it.
06:07:24 And participate in helping others.
06:07:27 And this is what a country is about.
06:07:30 And it's our pleasure, Mr. Miller, to present you with
06:07:34 this commendation presented by the Tampa City Council,
06:07:38 signed by all 7 members.
06:07:40 And we'd like for you to say a few words.
06:07:42 I know you are anxious to do that.
06:07:45 [ Laughter ]
06:07:46 >>CHARLIE MIRANDA: They like you, not me.
06:07:52 But here it is, your commendation, Mr. Kolby Miller, we
06:07:56 really appreciate everything you've done in the Boy
06:07:58 Scouts and your continuation, not only this city great,
06:08:01 but our country.
06:08:02 We appreciate very much.
06:08:04 I know that with just a big debate, and debate tonight,
06:08:07 if you were there, you'd beat Hillary and you'd beat
06:08:11 Bernie.
06:08:12 [ Laughter ]
06:08:13 [ Applause ]
06:08:14 >> Just wanted to say thank you.
06:08:23 I enjoy Boy Scouts and I hopefully going to serve my
06:08:31 country some day in the military, preferably.
06:08:33 I just thank you.
06:08:37 [ Applause ]
06:08:38 >>CHARLIE MIRANDA: I've got more commendation here than
06:08:48 I've got time to read.
06:08:49 But these are all wonderful young people who have done so
06:08:52 much to make our city the best they can be.
06:08:55 Next one is commendation to Mr. Jake Orlich.
06:09:01 Jake, it is a pleasure again from Tampa City Council to
06:09:06 present you this commendation for receiving the gold
06:09:09 medal at the 2016 district 15 American Legion oratorical
06:09:15 contest held in Tampa, Florida.
06:09:17 Delivering your presentation demonstrates your keen
06:09:20 interest and appreciation for the principles and values
06:09:22 set forth by the constitution of the United States of
06:09:25 America.
06:09:25 And your awareness of the responsibility incumbent upon
06:09:30 each citizen to exercise their rights, for these rights.
06:09:34 And listen, I remember reading the constitution.
06:09:37 But I never memorized it.
06:09:40 They tell me you do a better speech in reciting it than
06:09:44 those that wrote it.
06:09:46 Am I correct?
06:09:47 >> I hope so.
06:09:49 >>CHARLIE MIRANDA: I'll give you an opportunity to do it,
06:09:52 or very part of you because I know you're very good at
06:09:55 this.
06:09:56 Your individuals here have gone through a lot of thing in
06:10:01 American oratorical contest held by post 5 at the
06:10:06 American Legion, right there on Kennedy.
06:10:08 Almost in the corner of Dale Mabry.
06:10:09 We're so proud of you for doing that.
06:10:11 Before I give you this commendation, two individuals
06:10:15 behind you are the ones that are responsible for this.
06:10:18 I'd like for them to say a couple words about their
06:10:21 organization and what they do before I make this
06:10:24 presentation, before you say just a few words about the
06:10:27 constitution.
06:10:27 Identity yourself.
06:10:30 >> Frank Smith from the 15th district oratorical chairman
06:10:33 for this year.
06:10:34 First of all, I'd like to thank the City Council.
06:10:36 Since 2010, the Council has honored our winners every
06:10:42 year.
06:10:42 And we consider everybody that participates a winner.
06:10:46 So we bring the gold, silver, everybody here.
06:10:50 This year I'd also like special recognition to the Gulf
06:10:52 coast Council of the Boy Scouts of America, we partnered
06:10:55 with them in advertising and also for the public speaking
06:10:58 merit badge.
06:11:01 The boys we got this year, that you see tonight, we got
06:11:04 through the Gulf Ridge Council.
06:11:08 This is something we want to continue and also trying to
06:11:11 get the girl scouts involved next year also.
06:11:13 Thank you very much.
06:11:13 [ Applause ]
06:11:15 >>CHARLIE MIRANDA: Thank you, Frank.
06:11:19 Now, Bill, would you say a few words?
06:11:23 >> I'm Bill Hamlin, current commander of American Legion
06:11:26 post 5.
06:11:27 And I am commander for the 15th district of Florida.
06:11:29 Just to give you a little background on the American
06:11:32 Legion, we are about the only veterans organization that
06:11:35 does not have the word veterans in our name.
06:11:38 We are not the oldest, but we are the largest veterans
06:11:43 organization in the world.
06:11:44 USS Tampa post 5 at Kennedy Boulevard is one of the
06:11:50 oldest American Legion posts ever.
06:11:54 We have the only standalone American Legion cemetery left
06:11:59 in the world.
06:12:01 It's the only veterans cemetery in Hillsborough County.
06:12:04 The public is welcome to come out and look at it.
06:12:07 Pretty soon, we're going to do the 100th anniversary of
06:12:10 our name sake, USS Tampa, which was a Coast Guard cutter
06:12:15 that was sunk 45 days before the end of World War I in
06:12:19 Bristol channel.
06:12:20 That was on September 16th, 1918.
06:12:23 I have newspaper clippings from the teens and '20s that
06:12:28 talk about the Tampa.
06:12:29 The Tampa was real big here because every year it lost a
06:12:34 battle to the pirates.
06:12:36 Well, unfortunately, it lost its final battle to the
06:12:40 German submarine.
06:12:41 The hundredth anniversary is coming up and we're planning
06:12:46 a large, I guess you would say celebration.
06:12:51 We're going to have the current USS Tampa here in port
06:12:55 and we want to do a parade and lay wreaths.
06:12:58 So you'll be hearing a lot more from us in the future.
06:13:01 Thank you.
06:13:02 >>CHARLIE MIRANDA: Thank you.
06:13:02 [ Applause ]
06:13:03 >>CHARLIE MIRANDA: We really appreciate everything you do
06:13:08 there at post 5 and the commandership.
06:13:11 But Jake, this is your commendation on behalf of Tampa
06:13:14 City Council and if you don't mind, just part of it,
06:13:17 because these people also want to speak.
06:13:21 >> Well, I have a few words, but I'm afraid that
06:13:23 Councilman Miranda took most of the good parts of it.
06:13:26 [ Laughter ]
06:13:28 >> He does that a lot actually.
06:13:31 >> Thank you so much for taking time out of your busy
06:13:34 schedules to recognize me tonight.
06:13:37 I'd first like to thank Mr. Pendergraft, Mr. Smith and
06:13:40 all the members of the American Legion, in particular,
06:13:43 post 139 and post 5.
06:13:46 As well as all the judges and volunteers who participated
06:13:50 in the American Legion and the oratorical contest.
06:13:54 It's truly amazing that the men and women of the American
06:13:57 Legion and the American Legion auxiliary have given so
06:14:01 much to serve our country and continue to serve by
06:14:05 sponsoring youth programs such as the oratorical contest.
06:14:08 I'd also like to thank all active and retired service
06:14:11 members and their families, thank you for serving our
06:14:14 country, making sacrifices every day to protect our
06:14:19 freedoms.
06:14:19 And for keeping our nation safe.
06:14:21 I feel very fortunate to live in the greatest nation in
06:14:25 the world and the greatest city in the world.
06:14:29 I'm very honored and humbled to accept this recognition
06:14:31 today.
06:14:32 Thank you.
06:14:33 [ Applause ]
06:14:44 >>CHARLIE MIRANDA: Now I'm going to ask Rochelle Mathis
06:14:47 to come forward.
06:14:48 Rochelle is the stand-in for a young man who couldn't be
06:14:53 here today.
06:14:54 He is an outstanding individual, age 11.
06:14:57 He has a final game today, hope he continues to win, but
06:15:04 he's not here today because he's also the quarterback of
06:15:08 his football team.
06:15:10 And from what I hear from all the pro scouts, they can't
06:15:14 win without him.
06:15:15 And he's being looked at right now, one of the
06:15:20 replacements for one of the upcoming guys going to
06:15:23 retire, maybe that guy named Manning, I don't know.
06:15:26 But it's a pleasure on behalf of Tampa City Council to
06:15:28 present to you for exemplary services, Shawn Cochran and
06:15:33 what you've done.
06:15:35 Ms. Mathis, you're the one receiving this reward.
06:15:40 You don't look like a quarterback.
06:15:42 You look like a wonderful nice cheerleader.
06:15:45 What he's done is make straight A's.
06:15:48 He's an individual who is a fantastic guy.
06:15:51 They tell me that if you saw this and heard this young
06:15:57 man speak, none of us would run for office.
06:16:00 That he's unbelievable.
06:16:01 So maybe, I ask you if you'd do us a favor, if you could
06:16:06 bring him one day and Mr. Reddick possibly can give him
06:16:09 three minutes, give a little speech here because they
06:16:11 tell me he is dynamic.
06:16:13 I really appreciate if you would do that.
06:16:16 And he participates in so many things that if I read them
06:16:20 all, we wouldn't have time to hear the people in the
06:16:23 audience today.
06:16:23 So I'd just say he's an outstanding young man.
06:16:27 He's 11 going on 30 something.
06:16:29 And he's a fantastic sports guy and we really appreciate
06:16:32 you being here to receive this award.
06:16:34 And please bring him.
06:16:35 Just call Mr. Reddick's office and he'll make the
06:16:37 arrangements for you to be here.
06:16:39 >> Thank you very much.
06:16:39 [ Applause ]
06:16:40 >>FRANK REDDICK: Would you like to make any comments?
06:16:52 [ Laughter ]
06:16:53 >>FRANK REDDICK: Thank you, Mr. Miranda.
06:16:54 Item number two.
06:16:58 And Mr. Maniscalco.
06:17:01 >>GUIDO MANISCALCO: Thank you, Mr. Chairman.
06:17:03 I believe we have Chief Forward and the city department
06:17:07 of emergency management and department of parks and rec.
06:17:09 If they are here, to discuss the Zika virus.
06:17:16 >> Good evening, Council, Chief Forward, Tampa fire chief
06:17:19 and City of Tampa's emergency manager.
06:17:22 Joining me this evening is Sharisa Hill from the parks
06:17:27 and recreation, members from my office, Chauncia Willis
06:17:30 and John Antopolis.
06:17:33 Also Dr. Douglas Hope the director of infectious disease
06:17:37 and international medicine.
06:17:38 We have Ryan Pedigo from the director of public health
06:17:41 preparedness and Ron Montgomery, operations manager for
06:17:45 the mosquito and aquatics weed control here with us
06:17:48 today.
06:17:48 So obviously, we come and we yield to the Council with
06:17:52 respect to what we're doing regarding the Zika virus.
06:17:57 We have been working very closely with the department of
06:17:59 health, with the county as well, and with the mosquito
06:18:03 control group to ensure that first of all, we get all the
06:18:09 information, the up-to-date information from the DOH
06:18:12 concerning the Zika virus.
06:18:13 You might have already heard there was two additional
06:18:16 cases found in the state of Florida today, which brings
06:18:19 us to a total of 18 cases.
06:18:21 All of these cases, none of them are native borne here.
06:18:25 They're all victims, or individuals that were through
06:18:29 their own travels that were infected by mosquitoes in
06:18:33 central America and areas of that nature.
06:18:36 So we have no cases that are native of Florida at this
06:18:40 point.
06:18:41 As I said again, there's 18 cases for the entire state of
06:18:44 Florida.
06:18:45 And there are 7 counties that have been impacted.
06:18:48 City of Tampa working along with Hillsborough County
06:18:51 department of health and from the state department of
06:18:53 health as well, are working in a preventive posture.
06:18:57 This Saturday, we will start a amnesty, a tire amnesty
06:19:02 program, with City of Tampa solid waste where if you've
06:19:06 got tires laying around your house, you can take those
06:19:09 out to the McKay Bay at the City of Tampa solid waste and
06:19:13 drop those off free of charge.
06:19:16 Also be mindful, we want the community to know, that if
06:19:18 they have tires laying around their homes, that are not
06:19:22 being used, these are absolutely the number one
06:19:25 incubators for mosquitoes to absolutely thrive in those
06:19:29 areas.
06:19:30 Any other water standing posture that you have, tubs and
06:19:35 buckets and things of that nature, stagnant water, these
06:19:39 are obviously nice incubation areas and growing areas for
06:19:44 mosquito larva.
06:19:45 One of the other things that we are encouraging, if
06:19:50 you're out and about, even though the temperatures right
06:19:53 now are generally not really that most conducive.
06:19:57 As I said, I have Mr. Montgomery here from the mosquito
06:20:01 and aquatic weed control can tell you anything greater
06:20:05 about the mosquito infestation and our concerns.
06:20:09 But we want to make certain that our prevention pieces
06:20:11 are going on.
06:20:12 City of Tampa's occupational health nurse has also gone
06:20:15 on the CTTV and made a video to put out to our community,
06:20:22 basically apprising our communities of issues of concern,
06:20:25 preventive things of that nature, using Deet and those
06:20:28 type of insecticide or mosquito spray to keep those off
06:20:34 of you.
06:20:35 If you're out and about, obviously you want to be long
06:20:37 sleeved, socks on, pants and those things, that basically
06:20:43 prevent mosquitoes from biting you.
06:20:48 >>FRANK REDDICK: Ms. Montelione?
06:20:49 >>LISA MONTELIONE: So I have a number of constituents who
06:20:51 live around bodies of water.
06:20:53 The river, you know, the water movement prevents a lot of
06:20:58 mosquitoes from being in those areas.
06:21:01 But those who live on ponds and lakes, what advice, what
06:21:07 would you tell them?
06:21:08 >> If I could, if I could ask Mr. Ron Montgomery to come
06:21:11 up.
06:21:12 Ron is the operations manager and the mosquito aquatic
06:21:15 weed control.
06:21:16 And doc, if you want, and Ryan if you want to come on up.
06:21:20 I'll let Ron speak to the specific also on what we can do
06:21:23 in the event of those type of waters.
06:21:25 >> Good evening.
06:21:26 Ron Montgomery, Hillsborough County mosquito control
06:21:29 operations manager.
06:21:32 Thank you for that he request.
06:21:33 It's a very good question.
06:21:34 Glad you asked it not all water bodies that you see
06:21:40 produce mosquitoes.
06:21:41 Mosquitoes actually thrive in water that's temporary and
06:21:45 it's stagnant.
06:21:46 And that's void of predators.
06:21:48 So if you have a pond or a lake that's got a good
06:21:52 population of natural predators, you typically won't have
06:21:56 a mosquito problem.
06:21:56 Certainly not the mosquito we're concerned about with
06:21:59 regards to Zika virus.
06:22:01 >>LISA MONTELIONE: Thank you.
06:22:02 Luckily it's cold right now, so we don't have a lot of
06:22:09 mosquito issues.
06:22:10 I also know a lot of individuals who have rain barrels.
06:22:15 And I used to make them myself.
06:22:21 And there's a screen that you could put across the top
06:22:24 that's a very fine screen, so water can get in but it
06:22:27 would prevent mosquito larva and also some tablets that
06:22:31 you can actually put in the water that doesn't, you know,
06:22:34 they're not toxic but they prevent mosquitoes.
06:22:37 So, what do you say to people with rain barrels?
06:22:40 >> We'll let Dr. Douglas Holt, the director of division
06:22:44 of infectious disease and international medicine.
06:22:48 >>LISA MONTELIONE: Who wants to field that?
06:22:51 >> Another great question.
06:22:52 That really demonstrates the difference between the
06:22:54 natural pond and an artificial container.
06:22:56 A rain barrel is an artificial container and that is the
06:23:00 type of habitat that this mosquito will thrive in.
06:23:03 Putting a screen over it prevents the adult mosquitoes
06:23:05 from getting in there and laying their eggs.
06:23:08 It's a very good mechanical control.
06:23:10 Or if you want to put some sort of larvicide product in
06:23:13 the water, again, that will provide you control of the
06:23:17 mosquito larvae.
06:23:18 Ideally if it's something you don't want to hold water,
06:23:22 you want to get rid of it.
06:23:24 But a rain barrel is something you may want, so you need
06:23:26 to take that precaution to make it undesirable for
06:23:29 mosquitoes.
06:23:30 >>LISA MONTELIONE: Is there a place on Hillsborough
06:23:31 County's web site where somebody could go and get this
06:23:35 information?
06:23:35 >> I believe if you go to Hillsborough County.org, you
06:23:37 will be able to go to the mosquito control page.
06:23:40 We have some very good information about what the
06:23:43 homeowners can do around their property.
06:23:46 And that will have some tips as well as some strategies
06:23:49 that will help reduce mosquitoes.
06:23:51 >>LISA MONTELIONE: Thank you, Ron.
06:23:55 >>FRANK REDDICK: Mr. Suarez.
06:23:56 >>MIKE SUAREZ: Thank you, chair.
06:23:57 I have a medical question specific.
06:23:59 You made a face.
06:24:00 Are you the doctor?
06:24:02 I hope you're going to be able to answer this.
06:24:04 Doctor, we have heard about how the disease is carried
06:24:09 obviously by mosquitoes primarily.
06:24:10 Most of the indications, the 18 cases that are here in
06:24:12 the U.S. are folks that had already contracted it,
06:24:16 probably contracted it from mosquito carriers in another
06:24:20 country.
06:24:20 >> That's right.
06:24:22 >>MIKE SUAREZ: The question I have is how can it be
06:24:24 spread? We have heard about maybe sexual contact, some
06:24:27 other things that might spread it.
06:24:29 But we're talking a lot about mosquitoes.
06:24:31 How do mosquitoes get it here by virtue of the Zika
06:24:36 virus?
06:24:36 What's the thing that makes it a blood borne device or
06:24:42 disease that then mosquitoes are able to get it?
06:24:44 Do they carry it from person to person?
06:24:46 >> They do.
06:24:47 There are, there are many viruses that are transmitted by
06:24:52 mosquitoes.
06:24:52 There are three that are very similar to Zika virus that
06:24:58 humans are the primary hosts.
06:25:01 So if you had no human that was infected, the mosquitoes
06:25:04 wouldn't be spreading it.
06:25:06 But once you get the population and, that carries the one
06:25:11 of these three viruses, Zika, Dengue you may have heard
06:25:15 of and Chikungunya is the latest.
06:25:18 The ones that we have here that we see periodically over
06:25:22 the years are west Nile virus, some horse-related equine
06:25:28 encephalitis.
06:25:29 They actually live in animals.
06:25:31 Mosquitoes feed on them but then we get bit accidentally.
06:25:34 So in this case, with Zika virus, it's human are the
06:25:40 host, human -- the mosquitoes transmit it and infect the
06:25:43 other person.
06:25:44 >>MIKE SUAREZ: So we don't have to worry about produce
06:25:46 that comes from Central and South America, we don't have
06:25:50 to worry about that specifically.
06:25:51 It really is a blood borne disease that goes from
06:25:56 mosquito from one person to another, or by some of the
06:25:59 other methods which of course we have heard about sexual
06:26:01 activity and some other things.
06:26:04 >> I mean, unless the mosquitoes themselves are
06:26:06 transported, and they are infected and there are
06:26:10 theories, but generally it's people that bring it in.
06:26:13 Mosquitoes then pick it up and spread.
06:26:16 >>MIKE SUAREZ: Thank you.
06:26:17 Thank you, chair.
06:26:19 >> Mr. Chairman, if the doctor could state his name for
06:26:22 the record please.
06:26:24 >> Dr. Douglas Holt.
06:26:27 >>FRANK REDDICK: Ms. Montelione?
06:26:31 >>LISA MONTELIONE: I have a follow-up question to
06:26:32 something you just said, Doctor.
06:26:34 Mr. Suarez was just at the last point there was produce
06:26:38 that comes in from a country in South America or wherever
06:26:43 else they may import produce from.
06:26:47 So, if the eggs are on the produce, and you wash or clean
06:26:53 them or whatever, and you accidentally ingest one, it's
06:26:59 not going to affect you?
06:27:02 >> That's right.
06:27:02 The virus --
06:27:05 >>LISA MONTELIONE: So the follow-up question would be, if
06:27:07 there was a live mosquito somehow that made it all the
06:27:11 way across the trip here, that could infect you?
06:27:19 >> Correct.
06:27:19 The viruses themselves are not borne carrying the
06:27:24 viruses.
06:27:24 The mosquitoes are not born or hatched carrying the
06:27:28 virus.
06:27:28 They are capable of carrying it when they bite and feed
06:27:33 on a person.
06:27:34 So if a mosquito, and this, a lot of speculation, but
06:27:41 they don't know exactly how it jumped across the oceans
06:27:44 and things like that.
06:27:45 The most likely were people that brought it in their
06:27:48 body.
06:27:49 But we do know or speculate that another virus, west
06:27:54 Nile, go back to that one, actually probably hitched a
06:27:57 ride on an airplane, the mosquito itself.
06:28:00 And -- but that's theoretically possible, but unlikely.
06:28:07 >>LISA MONTELIONE: Highly improbable.
06:28:09 >> Highly improbable.
06:28:10 >>LISA MONTELIONE: Thank you, doctor.
06:28:14 >>FRANK REDDICK: Chief, if I may, can I ask the gentleman
06:28:16 who spoke about the pond, I just want to be clear only
06:28:20 this.
06:28:21 I have a pond in my backyard with fish in the pond.
06:28:25 Are you saying that I don't have to be concerned about
06:28:30 that pond with the fish in it?
06:28:32 >> Well, primarily the pond, if it's got fish, typically
06:28:36 you won't find it suitable for mosquitoes.
06:28:40 But there could be part of the pond where there's
06:28:43 vegetation that's grown up, where the fish can't get into
06:28:46 and mosquitoes can find some protection.
06:28:48 So it's hard to say without looking at it.
06:28:50 But in general, it's rare to find a water body that has
06:28:54 fish that also has mosquito larvae because the fish eat
06:28:59 mosquito larvae.
06:29:00 That's like a steak dinner to them.
06:29:02 >>FRANK REDDICK: So if I see my fish floating in the
06:29:04 pond, I know I got a problem.
06:29:06 [ Laughter ]
06:29:07 >>FRANK REDDICK: Okay.
06:29:08 I just wanted to make sure.
06:29:09 Thanks a lot.
06:29:11 Anything else, chief?
06:29:15 >> One other part we wanted to let you know that 59 CDC
06:29:20 mosquito traps have been set around Hillsborough County
06:29:24 and the City of Tampa.
06:29:25 And the reason we haven't gone to an aggressive spraying
06:29:30 posture is because the traps are looking, at least 25
06:29:35 mosquitoes in them, and none of the traps have
06:29:38 accumulated the 25 mosquitoes to warrant it's a condition
06:29:43 that would prompt a more active spraying posture.
06:29:47 So at this point we have not done any spraying due to
06:29:50 both the weather conditions and the fact that we haven't
06:29:53 reached that threshold point of 25 mosquitoes in any of
06:29:56 the traps.
06:29:57 >>FRANK REDDICK: Ms. Montelione?
06:29:59 >>LISA MONTELIONE: Sorry.
06:29:59 When you speak, another question pops up.
06:30:02 So you already spoke about where people can go on the
06:30:04 county's web site to get information about mosquito
06:30:07 control.
06:30:08 But where can they go to get information about the Zika
06:30:12 virus or any updates, cases, precautions, symptoms?
06:30:18 Just to get general questions answered.
06:30:24 >> Good evening.
06:30:26 >>LISA MONTELIONE: Name for the record.
06:30:27 >> Ryan Pedigo, P-E-D-I-G-O.
06:30:32 We actually have that information on multiple web sites
06:30:35 through our local health department web site, the
06:30:37 Hillsborough County communications office also put it out
06:30:40 on their web site.
06:30:41 We also link directly from us to the CDC.
06:30:47 So it's out there.
06:30:49 We have been pushing out that message for quite sometime,
06:30:53 both the city and the county put that information out.
06:30:57 We put out flyers and other types of information
06:31:00 continuously on this.
06:31:01 >>LISA MONTELIONE: So I'm going to post it now.
06:31:03 Thank you.
06:31:04 Hillsborough County health department.
06:31:05 >> Hillsborough County health.org.
06:31:10 >>LISA MONTELIONE: Thank you.
06:31:16 >> And that's our report this evening.
06:31:18 >>FRANK REDDICK: Any other questions from Council,
06:31:19 comments?
06:31:21 Mr. Maniscalco.
06:31:23 >>GUIDO MANISCALCO: Thank you very much for that.
06:31:24 I appreciate it.
06:31:25 >>FRANK REDDICK: Thank you all for coming.
06:31:29 >> Move to open public hearings, items 3 through 14.
06:31:33 >>FRANK REDDICK: Got a motion from Mr. Cohen, second it
06:31:36 by Mr. Maniscalco to open up public hearings 3 through
06:31:39 14.
06:31:39 All in favor of that motion say aye.
06:31:41 Opposed?
06:31:42 All right.
06:31:45 >> Good evening, Council, Abbye Feeley, Land Development
06:31:47 Coordination.
06:31:48 Item number 5 on your agenda this evening was withdrawn.
06:31:54 I have a letter from Truett Gardner requesting that
06:32:00 withdrawal.
06:32:01 So if you could please withdraw that case.
06:32:06 >> You mean item number 6?
06:32:10 >>ABBYE FEELEY: No.
06:32:10 >> You said number 15.
06:32:14 >> 1573.
06:32:15 Did I grab my wrong agenda?
06:32:17 Sorry about that.
06:32:18 >> Did you want to put that it letter, would you give
06:32:23 that letter to the clerk?
06:32:30 >>HARRY COHEN: Do we need a motion -- I'll motion to
06:32:32 remove item 6 from the agenda.
06:32:34 >>FRANK REDDICK: Motion from Mr. Cohen, second bring
06:32:37 Miranda, all in favor of the motion, say aye.
06:32:41 >>HARRY COHEN: Also motion to remove items 10 and 11 from
06:32:43 the agenda as well.
06:32:49 >>ABBYE FEELEY: Item 10 and 11 have been reset for
06:32:51 March 10th.
06:32:52 I just want to state that on the record this evening that
06:32:54 they were reset by our offices at the time we recognized
06:32:57 mis-notice took place in order to keep the cases moving
06:33:05 forward.
06:33:05 If there is anybody on those cases this evening, those
06:33:09 will go next month March 10th at 6:00 p.m.
06:33:13 >>FRANK REDDICK: Motion from Mr. Cohen, second by Mr.
06:33:16 Maniscalco.
06:33:16 All in favor of the motion say aye.
06:33:22 >>FRANK REDDICK: Anyone here wish to speak to item number
06:33:24 10?
06:33:26 Anyone here wish to speak on item number 11?
06:33:29 All right.
06:33:33 >>ABBYE FEELEY: I believe that's it.
06:33:34 Thank you.
06:33:35 >>FRANK REDDICK: All right.
06:33:35 If you're going to speak on item 3 through 14, will you
06:33:39 please stand and be sworn in?
06:33:41 [Oath administered by Clerk]
06:33:42 >>FRANK REDDICK: Can I get a motion to receive all
06:33:57 documents?
06:33:58 >> So moved.
06:33:59 >>FRANK REDDICK: Got a motion from Mr. Suarez, second by
06:34:01 Ms. Montelione.
06:34:01 All in favor of the motion say aye.
06:34:03 Opposed?
06:34:10 >>FRANK REDDICK: Item number 3.
06:34:15 >>JULIA MANDELL: You have in front of you the second
06:34:17 reading for the zoning petition related to St. Joseph's
06:34:21 Hospital.
06:34:23 This case had come to you at first reading as a result of
06:34:27 litigation which had been filed specifically St. Joseph's
06:34:29 Hospital versus City of Tampa, case number 14 CA 000378.
06:34:38 It was in that case, we were asked by order to mediation
06:34:42 by the judge.
06:34:43 As a result of that mediation, we did hold a closed
06:34:46 session as we are allowed to do, pursuant to Florida
06:34:50 Statute.
06:34:51 After that closed session, we brought upon motion of
06:34:56 counsel, we brought back the first reading, public
06:34:59 hearing, mediated settlement site plan and a rezoning
06:35:04 which does need to go through an entire public hearing
06:35:06 process.
06:35:07 You did have your first reading public hearing upon which
06:35:10 it was moved and approved at first reading.
06:35:15 You are here on second reading.
06:35:17 That mediated settlement and the site plan associated
06:35:20 with that mediated settlement.
06:35:22 This is a full public hearing.
06:35:24 There were changes to the site plan between first and
06:35:27 second reading and Ms. Feeley is here to certify the site
06:35:31 plan per your first reading.
06:35:34 I'm available for any questions if you should have any.
06:35:37 >>FRANK REDDICK: Any questions by Council?
06:35:41 >>ABBYE FEELEY: Thank you.
06:35:42 These plans were certified and I do have them available
06:35:46 for inspection.
06:35:47 >>FRANK REDDICK: All right.
06:35:52 Petitioner?
06:35:53 >> Mr. Chairman, members of Council, my name is Scott
06:35:56 McLaren.
06:35:57 I'm at 3700 Bank of America Plaza.
06:36:00 I was not sworn in, but I swear that --
06:36:04 >>FRANK REDDICK: Hold on.
06:36:05 [ Laughter ]
06:36:09 [Oath administered by Clerk]
06:36:09 >>FRANK REDDICK: Jim, before you sit down, let me make
06:36:16 sure.
06:36:16 Anyone else sitting in the audience that plan to speak
06:36:19 that have not been sworn in?
06:36:21 Even think you want to speak.
06:36:26 >> Thank you, sir.
06:36:27 >>FRANK REDDICK: Are you the petitioner?
06:36:28 >> Yes, sir.
06:36:29 Along -- yes, sir.
06:36:30 I really don't have any comments right now other than to
06:36:35 say St. Joseph believes this proposal is in the best
06:36:40 interest of all involved.
06:36:42 And I'd like to reserve the rest of my time.
06:36:44 We think that the staff report, which indicates
06:36:47 consistency with the intent and purpose of the code is
06:36:50 accurate.
06:36:51 And I would like to reserve the rest of my time for the
06:36:54 end of the presentation.
06:36:56 >>FRANK REDDICK: Any questions from Council?
06:36:58 All right.
06:36:58 Anyone in the public wish to speak on item number three?
06:37:03 >>CHARLIE MIRANDA: Thank you, Mr. Reddick, and all
06:37:06 Council members, Charlie Miranda, Tampa, Florida, I'd
06:37:10 like to recuse myself, I haven't signed the form but I
06:37:12 will.
06:37:13 And secondly, I'm not being represented by no attorney.
06:37:16 Just myself.
06:37:17 And I want to full Council six, not five.
06:37:31 >> What's the question?
06:37:43 >>MARTIN SHELBY: Your rules specifically, quasi-judicial
06:37:46 hearing, rule 6, rule C, 6-C states that if a
06:37:51 quasi-judicial public hearing, only four members of City
06:37:55 Council are available to take action, then any petitioner
06:37:58 shall have the right to continue the matter until there
06:38:01 are a minimum of five members.
06:38:02 If there is less than a full City Council, then a
06:38:05 petitioner may request a continue a matter but it will
06:38:09 not be as a matter of right.
06:38:11 So, Council, the rule relates to whether it is the
06:38:16 petitioner making the request.
06:38:18 The way it is drafted.
06:38:22 >>CHARLIE MIRANDA: May I answer that, I understand what
06:38:25 the attorney said on behalf of Tampa City Council.
06:38:27 That's if the petition hasn't been heard.
06:38:29 When you announce to the audience if you're willing to
06:38:32 take the risk of four members, this has been herald.
06:38:35 So mathematically, I and all the neighbors who are here
06:38:38 are disadvantaged because this vote was 4-2.
06:38:41 And that means that if Council, one Councilmember that
06:38:46 voted the affirmative to approve this on first reading
06:38:49 was to change their mind, it still would be 3-2.
06:38:54 And that wouldn't go anywhere.
06:38:55 So in essence of time, I'm putting this on the record,
06:38:59 that I think it would be best, that's just my opinion,
06:39:02 for myself -- I'm not talking on the members that are
06:39:05 being represented by the attorney, that this should be
06:39:09 very well considered by Council and I think Council has
06:39:11 the right to make that decision.
06:39:13 >>FRANK REDDICK: Mr. Cohen?
06:39:14 >>HARRY COHEN: Since we have a full agenda, why don't we
06:39:16 move on to the next item and since we are expecting
06:39:19 Councilwoman Capin, we can come back to item number three
06:39:23 once we have everyone here.
06:39:25 >>FRANK REDDICK: If that's the pleasure of the Council?
06:39:29 Miss Mandell?
06:39:32 >>JULIA MANDELL: It is my understanding that Ms. Capin is
06:39:33 going to be joining us at City Council tonight.
06:39:38 And I've discussed that with the attorney for St.
06:39:40 Joseph's and they're comfortable if we want to go ahead
06:39:43 and wait for her to arrive.
06:39:45 I would just ask upon her arrival at the end of whatever
06:39:48 that public hearing is we move back into this public
06:39:51 hearing, thank you.
06:39:51 >>FRANK REDDICK: So noted.
06:39:52 All right.
06:39:53 Do we need a motion?
06:39:58 Or just move on?
06:39:59 >>MARTIN SHELBY: You can move on, just by unanimous
06:40:02 consent continue this until later.
06:40:04 >>FRANK REDDICK: All right.
06:40:05 Item number 4.
06:40:12 >>ABBYE FEELEY: Item number four on your agenda this
06:40:14 evening is REZ 16-26, it's located at 5109 North Tampa
06:40:19 Street.
06:40:22 The request before you tonight is from SH-RS Seminole
06:40:26 Heights residential single-family detached to SH-RS-A,
06:40:31 Seminole Heights residential single-family attached.
06:40:34 This is a Euclidean rezoning request, formed a section of
06:40:39 the city's zoning code and there are no waivers that
06:40:43 would be requested pursuant to this application.
06:40:46 >> David Hey with your Planning Commission staff.
06:40:52 I have been sworn.
06:40:54 We start the evening out in the central Tampa planning
06:40:56 district, more specifically the Seminole Heights urban
06:40:59 village.
06:41:00 The subject site is located within the south Seminole
06:41:03 Heights neighborhood at the southeast corner of North
06:41:06 Tampa Street and west Frierson Avenue.
06:41:10 It is a .23-acre subject site.
06:41:13 There is transit located within proximity to the site.
06:41:16 And the site is also located within a level D evacuation
06:41:20 zone.
06:41:20 On to the aerial, we have the subject site right in the
06:41:25 middle.
06:41:25 Hillsborough Avenue is on the north.
06:41:28 North Florida Avenue is to the east of the subject site.
06:41:34 Frierson kind of dead ends into North Tampa Street here.
06:41:38 We have commercial uses along Florida and then
06:41:41 predominant single-family detached residential within
06:41:46 surrounding the subject site.
06:41:47 On to the future land use map, you see the subject site
06:41:54 and all the property surrounding it in that tan color are
06:41:59 the residential ten future land use categories.
06:42:01 The red color centered along north Florida Avenue is that
06:42:06 community commercial 35.
06:42:08 And then we have some residential 20 located further
06:42:12 north.
06:42:12 The city's comprehensive plan does recommend a greater
06:42:17 variety of allowable development patterns, which
06:42:19 encourage good community design and reflect the character
06:42:23 of its surroundings.
06:42:24 The proposed rezoning will relate to the future
06:42:26 development pattern of the neighborhood while providing
06:42:29 alternative housing choices.
06:42:31 The rezoning will also allow for infill development and
06:42:34 will meet the design requirements for residential
06:42:36 development within the Seminole Heights neighborhood.
06:42:39 Therefore, based on those findings and the goals,
06:42:42 objectives and policies of the comprehensive plan,
06:42:44 Planning Commission staff finds the rezoning request
06:42:47 consistent with the Tampa comprehensive plan.
06:42:49 Thank you.
06:42:56 >>ABBYE FEELEY: As I mentioned, this is a request from
06:43:01 SH-RS to SH-RS-A.
06:43:03 It was brought to my attention that in the system, it
06:43:09 showed this was showing SH-RM so anyone in the audience
06:43:14 who may be here speaking on this application, as for an
06:43:17 SH-RS.
06:43:17 What the difference is that in SH-RS, which is what
06:43:22 you're familiar to as like RS-50 residential
06:43:25 single-family, you cannot do an attached unit or two
06:43:29 units attached, which would be a typical duplex type
06:43:33 development or two town homes next to each other that
06:43:37 share the side wall.
06:43:39 The SH-RS-A is the residential single-family attached
06:43:44 district of Seminole Heights.
06:43:46 So I did want to clarify that before I proceed with my
06:43:49 presentation and this is for SH-RS-A, not an RM or a
06:43:52 residential multi-family district in this area.
06:43:57 The subject site is approximately 75 by 132 for a total
06:44:01 area of .23 acres.
06:44:03 And the property is bordered by North Tampa Street to the
06:44:07 west, single-family residential to the north, west and
06:44:11 south, and there is Seminole Heights CG, commercial
06:44:15 general district of Seminole Heights immediately to the
06:44:17 east.
06:44:18 Property is one block west of North Florida Avenue.
06:44:22 It does meet the minimum requirements of the SH-RS-A,
06:44:26 which is a minimum 50-foot wide lot and in this area of
06:44:31 the city as I mentioned, there is building placement
06:44:35 lines, the front is done by front yard averaging.
06:44:38 That would be done prior to permitting and it would be
06:44:41 averaged with those properties adjacent to it.
06:44:45 And the interior, the sides would be a zero and the rear
06:44:51 would be a 20-foot.
06:44:53 So -- but standard building code, those sides would be an
06:44:57 average of five foot or more.
06:44:59 David showed you the land use map.
06:45:04 Let me go ahead and show you the zoning map for the area.
06:45:07 It is the site shown here in green.
06:45:13 This is not the typical segment of Tampa street that
06:45:16 you're used to when you think about Tampa street closer
06:45:18 to downtown, which is a one way multi-lane.
06:45:23 This is a smaller segment of Tampa street.
06:45:27 David showed you Hillsborough to the north.
06:45:32 Florida to the east.
06:45:33 Crest to the south.
06:45:37 Frierson and then Tampa shown here.
06:45:40 The aerial -- keeping in mind that CG does come all the
06:45:54 way back adjacent to the subject property.
06:45:57 Again, Florida, Giddens, Tampa.
06:46:02 Go ahead and show you some photos.
06:46:06 I did take these Tuesday morning.
06:46:08 The weather was a little inclement.
06:46:11 I tried to lighten them up for you.
06:46:13 The subject site is shown there to the left of the photo
06:46:21 with the white fence.
06:46:22 Here is another picture of that.
06:46:26 This is immediately south on the east side of Tampa
06:46:29 street.
06:46:30 And this is further south at the corner of Crest and
06:46:39 Tampa there are only five or six lots along this segment
06:46:43 of Tampa in between Giddens and Crest.
06:46:48 This is to the north, immediately north of the subject.
06:46:51 And this is also north of the subject.
06:46:54 On the west side, at the corner, moving back up on the
06:47:03 west side, so actually down here, sorry.
06:47:06 On the west traveling north.
06:47:15 This is immediately across the street at the southwest
06:47:19 corner of Frierson.
06:47:23 And Tampa.
06:47:24 And that is single-family.
06:47:27 This is the northwest corner of Frierson and Tampa.
06:47:33 And this is looking north.
06:47:34 Again, the subject on the right.
06:47:37 And this is to the north.
06:47:40 This is currently under construction to the north at the
06:47:44 corner of Giddens and Tampa street.
06:47:49 That is a small piece of SH-RM as you approach
06:47:57 Hillsborough.
06:47:57 >>LISA MONTELIONE: Nothing, we're just having an identity
06:48:01 crisis there.
06:48:02 [ Laughter ]
06:48:03 >>LISA MONTELIONE: Can I see the photograph of the
06:48:05 subject property?
06:48:07 Thank you.
06:48:31 >>ABBYE FEELEY: Provided in your staff report the request
06:48:34 does meet the minimum lot requirements and will be
06:48:37 subject to all of the build to lines and development
06:48:41 regulation at the time of application.
06:48:43 There are no modifications, this is not site plan
06:48:53 controlled and staff did find the consistent.
06:48:57 I'm available for questions.
06:48:59 >>FRANK REDDICK: Any questions from Council? Petitioner?
06:49:07 >> Fernandez, Dolphin Homes, 3318 South Westshore
06:49:10 Boulevard.
06:49:12 I have been sworn.
06:49:13 I have nothing further to add to Mrs. Feeley's
06:49:16 presentation.
06:49:17 And am available for questions.
06:49:19 Thank you.
06:49:20 >>FRANK REDDICK: Any question from Council?
06:49:21 Anyone in the audience wish to speak on item number 4?
06:49:26 >> Move to close.
06:49:27 >> Second.
06:49:41 >> Good evening, councilmembers, my name is Brian Curry.
06:49:44 I live 108 West Giddens Avenue around the corner from
06:49:48 this property.
06:49:49 We received the notice about this few weeks ago.
06:49:53 After seeing all the photos you've seen tonight, this is
06:49:56 a duplex in the middle of a residential neighborhood.
06:49:59 I live in a 1926 bungalow that has won beautification
06:50:05 award.
06:50:05 Some other houses around there like that too.
06:50:08 After checking online and checking with others about what
06:50:13 a family structure like this or I call it a multi-family,
06:50:16 even though they said it's not, a duplex can do.
06:50:20 We're afraid it's going to lower our property values.
06:50:22 There are some other houses around there that are for
06:50:25 sale.
06:50:25 I live across the street from the construction that's
06:50:28 going on by Lee structures, the four townhouses that have
06:50:32 been put up that we never knew anything about.
06:50:34 Because it's on a commercial side.
06:50:36 Giddens is divided down the middle.
06:50:39 So that just surprised us.
06:50:41 Now we see this around the corner from us.
06:50:43 Understand, we're not against development in Seminole
06:50:45 Heights.
06:50:46 I love the neighborhood.
06:50:47 I've been there 13 years.
06:50:49 We all live there, that's why we're there.
06:50:51 We want to see development, we like variety, like you
06:50:55 said, but I think we all know the history of Sulphur
06:50:57 Springs when duplexes went in there.
06:51:00 East of Nebraska going to the east, more duplexes there
06:51:05 over time.
06:51:06 And you know what we have there.
06:51:08 Duplexes bring people that are not into living in the
06:51:11 neighborhood except on a transient basis.
06:51:14 They pay rents, they do not get involved in neighborhood
06:51:17 associations and all those other things that go with
06:51:19 being a homeowner within a neighborhood.
06:51:21 So, like I said, we're not against development in
06:51:27 Seminole Heights but I think to approve this change for
06:51:31 rezoning to a what would in fact be a duplex on such a
06:51:35 small lot is not in our best interest as people in the
06:51:39 south Seminole Heights neighborhood association.
06:51:42 And I implore you to consider our desires to have it not
06:51:45 change.
06:51:45 Thank you very much.
06:51:47 >>FRANK REDDICK: Next speaker?
06:51:57 >> Good evening, Councilmembers, my name is Donna Starke,
06:52:01 president of south Seminole Heights Civic Association.
06:52:03 I'm before you this evening in regards to REZ 16-26
06:52:07 located 5109 North Tampa Street.
06:52:09 At this time we are requesting either the zoning change
06:52:12 be continued or denied.
06:52:14 While the general rule we are welcoming to new
06:52:16 construction in our neighborhood, we do want to make sure
06:52:18 that conforms involving identity and needs of that
06:52:22 neighborhood.
06:52:23 Our primary concern with this request is the lack of
06:52:25 plans available for this project.
06:52:27 Although from my understanding it's not required for this
06:52:30 zoning change, it is impossible to support this change
06:52:32 without knowing how the finished project will appear and
06:52:35 to require some level of accountability to those plans.
06:52:38 From our firsthand experience, our own board members and
06:52:42 residents know that other changes such as those involving
06:52:44 Euclidean zoning change do require plans to is have
06:52:48 either received approval from city staff or approval by
06:52:51 this Council.
06:52:51 We are also struggling to envision how what is
06:52:55 essentially a multi-family structure will fit on a
06:52:58 75-foot lot and how well it will integrate with
06:53:01 surrounding single-family homes.
06:53:03 While we don't know if the design will have front and
06:53:05 back design or will the side by side in terms of what the
06:53:09 duplex would appear to be, which is what this attached
06:53:12 structure will come across as.
06:53:14 While we are not opposed again to building density close
06:53:17 to our commercial corridors and I think you've seen us
06:53:20 support other projects that have come through, we do
06:53:22 strongly feel that does need to add to our overall
06:53:25 character, quality and value of our residents' lives,
06:53:28 homes and bills and work to integrate all those factors
06:53:31 together.
06:53:32 Again we're not looking to be closed minded.
06:53:34 We want more information though.
06:53:36 Thank you very much.
06:53:37 >>LISA MONTELIONE: Ms. Starke, if I can get Ms. Feeley
06:53:41 who is standing behind you with her iPad, to address
06:53:45 one of the statements that you made.
06:53:46 You saw me shaking my head.
06:53:49 Miss Feeley needs to address that.
06:53:52 I can't.
06:53:53 >>ABBYE FEELEY: Thank you.
06:53:55 Euclidean zoning districts are not site plan controlled
06:53:58 districts and they do not have site plans adopted with
06:54:02 them at the time.
06:54:03 This has been reviewed by urban design because it is in
06:54:07 the form based code section of the city and it has been
06:54:12 not tagged but it is re-reviewed at the time of the
06:54:16 permitting in order to insure compliance with the design
06:54:21 guidelines of this area of the city.
06:54:24 >>LISA MONTELIONE: Do you have some of those guidelines
06:54:26 there?
06:54:27 >>ABBYE FEELEY: I was going to pull them up.
06:54:28 They did provide preliminary comments in the report, but
06:54:32 this is in an eclectic area, so it's open to any of the
06:54:38 design types.
06:54:40 >>LISA MONTELIONE: So could be modern.
06:54:41 Bungalow style.
06:54:44 Could be traditional.
06:54:46 >>ABBYE FEELEY: Right.
06:54:46 But one of the intents of form based code section of the
06:54:49 city is not to have PDs everywhere in order to control
06:54:54 design.
06:54:55 It was to have, and I did provide, if I can put this up
06:55:01 on the Elmo.
06:55:02 This is the code section for this area of the city.
06:55:08 And for the RSA it does show the placement, it does show
06:55:13 the setbacks and what the build to requirements are,
06:55:16 canopies, awnings, fireplaces, different design elements
06:55:21 that would need to be incorporate it.
06:55:23 >>LISA MONTELIONE: That's what I was asking more
06:55:24 specifically.
06:55:26 Do you have handy the design standards?
06:55:28 Because I know when we heard all the testimony on form
06:55:32 based code we were shown lots of different designs that
06:55:36 would be applicable in this area.
06:55:41 >>ABBYE FEELEY: What may be faster is for me to just pull
06:55:43 the Chapter 27 from Mr. Shelby and that way I can put
06:55:47 them up on the Elmo.
06:55:49 >>LISA MONTELIONE: Maybe we can hear the next speaker
06:55:51 while you're doing that.
06:55:52 >>FRANK REDDICK: Next speaker?
06:55:53 >> Good evening, Council.
06:56:02 My name is Richard Clark, I reside 210 West Giddens.
06:56:08 I'm against the duplex, I'd like to see if we could keep
06:56:11 it a single-family dwelling.
06:56:13 In the past, we have had couple houses down from me was a
06:56:17 triplex.
06:56:18 And there's a lot of riff-raff that is coming in.
06:56:22 We actually had drug dealers and prostitution going on.
06:56:25 It took a long time to get them out.
06:56:28 When they finally got them out and sell the property, we
06:56:31 finally had to petition to get it as a single-family
06:56:35 dwelling and now it's great.
06:56:36 If we can keep it single-family dwelling.
06:56:39 Thank you.
06:56:41 >>FRANK REDDICK: All right.
06:56:45 Anyone else wish to speak on item number 4?
06:56:53 >>ABBYE FEELEY: Let me go ahead and put up some of those
06:56:56 criteria real quick.
06:56:57 The other thing I did want to mention is as you know
06:57:00 through zoning, we don't regulate whether or not
06:57:03 something is rental or for sale.
06:57:05 And I'm not sure if Mr. Fernandez would like to speak to
06:57:10 whether or not his units -- I believe typically I've
06:57:15 dealt with him on other projects and they are for sale
06:57:18 units.
06:57:18 But you can have single-family attached and have it be
06:57:22 for sale product.
06:57:23 I'm going to flip through some of these.
06:57:27 This is a section of the city that does have design
06:57:32 standards and does have requirements for facade
06:57:37 treatments and will be reviewed and subject to all of
06:57:40 those requirements at the time of permitting.
06:57:44 So what's before Council right now is whether or not this
06:57:48 close to a quarter of an acre site is appropriate for
06:57:51 single-family attached units.
06:57:53 Which it does qualify for two units.
06:57:58 But here is some of that, national folk --
06:58:01 >>LISA MONTELIONE: Ms. Feeley, could you also explain the
06:58:04 difference between a duplex and a single-family attached?
06:58:11 >>ABBYE FEELEY: It's just nomenclature actually.
06:58:14 >>LISA MONTELIONE: Okay.
06:58:16 >>ABBYE FEELEY: This is the American four square.
06:58:19 This is Queen Anne.
06:58:22 As you can see, when the developer goes in for permit
06:58:26 also, they will need to select which style of this area
06:58:29 they are going to follow and then have that design
06:58:33 reviewed by the urban design prior to any permitting.
06:58:37 There is prairie style.
06:58:38 There is a contemporary modern.
06:58:47 Minimal, traditional.
06:58:49 The request before you tonight is to allow for those two
06:58:51 units to occur and then it would be subject to all of
06:58:55 these designs standards.
06:58:57 >>FRANK REDDICK: Any questions from Council?
06:59:10 Mr. Fernandez?
06:59:12 >> Thank you.
06:59:16 First of all, our intention is to build for sale units,
06:59:21 not rental units.
06:59:23 I don't have any rental units, never have.
06:59:28 And straight for sale developer.
06:59:32 Our intention is to build a two camelback bungalows.
06:59:38 And right now we're investigating sit panels, which is
06:59:42 our intention to go forward.
06:59:43 We haven't crossed those out.
06:59:45 We don't exactly, but this is the first entry into
06:59:49 Seminole Heights.
06:59:50 Typically we have been building in south Tampa for 20
06:59:52 years.
06:59:53 We're a custom home builder.
06:59:55 About three years ago we entered into a more production
06:59:59 home in the South Tampa marketplace.
07:00:02 Seminole Heights, we're very pleased with the activity
07:00:04 that's going on there.
07:00:06 And so, we're very excited about moving into that area.
07:00:09 I'd actually -- I found out Mrs. Starke's name yesterday
07:00:16 and called her to explain what we were doing and actually
07:00:21 posted on the Seminole Heights south web site with
07:00:26 pictures of previous homes that we have done.
07:00:30 In the south Tampa market, specifically two homes that we
07:00:32 did directly across from Kate Jackson park.
07:00:36 One American four square, another one a Spanish Colonial.
07:00:40 And I think our history as building in the City of Tampa,
07:00:46 we respect the neighborhood and try, I feel that the
07:00:50 homes that we have built over the last 20 plus years have
07:00:53 added value to the neighborhoods that we have built in.
07:00:57 Thank you.
07:00:57 >>FRANK REDDICK: All right.
07:00:58 Any questions from Council?
07:00:59 All right.
07:01:00 Any motion to close?
07:01:03 >> So moved.
07:01:05 >> Second.
07:01:06 >>FRANK REDDICK: Got a motion from Mr. Cohen, seconded by
07:01:10 Mr. Suarez.
07:01:11 All those in favor of the motion say aye.
07:01:13 Opposed?
07:01:13 Ms. Montelione, would you read number four?
07:01:20 >>LISA MONTELIONE: An ordinance being presented for first
07:01:21 reading consideration, an ordinance rezoning property in
07:01:24 the general vicinity of 5109 north Tampa street in the
07:01:27 City of Tampa, Florida, more particularly described in
07:01:30 section 1, from zoning district classifications SH-RS
07:01:34 Seminole Heights residential, single-family detached, to
07:01:37 SH-RS-A, Seminole Heights residential single-family
07:01:41 attached, providing an effective date.
07:01:42 >> Second.
07:01:43 >>FRANK REDDICK: Got a motion.
07:01:45 >> Mrs. Montelione, seconded by Mr. Cohen.
07:01:47 All in favor of that motion say aye.
07:01:48 Those opposed?
07:01:51 >> Nay.
07:01:52 >> Motion carried with Maniscalco voting no and Capin
07:01:55 being absent at vote.
07:01:56 Second reading and adoption will be March 3rdnd at
07:02:01 9:30 a.m.
07:02:02 >>FRANK REDDICK: Item number five?
07:02:03 Mr. Cohen?
07:02:05 >>HARRY COHEN: Mr. Shelby I just want to say for the
07:02:07 record, I am a long time member of congregation Rodeph
07:02:10 Sholom and I wish to abstain from voting for this because
07:02:14 of the appearance of a conflict.
07:02:18 >>MARTIN SHELBY: On that basis, Mr. Cohen, you will be
07:02:21 filing the appropriate.
07:02:24 >>HARRY COHEN: Absolutely.
07:02:25 >>MARTIN SHELBY: Thank you, sir.
07:02:28 >>ABBYE FEELEY: Good evening, Council, Abbye Feeley, land
07:02:31 development coordination.
07:02:32 The next question on your agenda is REZ 16-04, located
07:02:37 2801 Bayshore Boulevard.
07:02:39 The request before you tonight is from PD, planned
07:02:42 development, place of religious assembly to RM-24,
07:02:46 residential multi-family.
07:02:47 This is also Euclidean rezoning request.
07:02:52 There is no site plan, there are no waivers and the
07:02:54 application must meet all of the development regulation.
07:03:01 >> Request good evening, councilmembers, David Hey with
07:03:04 your Planning Commission staff.
07:03:05 I have been sworn.
07:03:06 We move down to the south Tampa planning district for
07:03:09 this next case, site is located within the Bayshore
07:03:12 Gardens neighborhood.
07:03:14 It is located at the southwest corner of west Barcelona
07:03:18 street and Bayshore Boulevard.
07:03:19 It's a .41-acre subject site.
07:03:22 It is located within a level B evacuation zone and there
07:03:27 is transit immediately to the west.
07:03:30 Here we have the aerial.
07:03:33 The subject site is right here.
07:03:35 Of course we have Bayshore Boulevard, the temple is
07:03:37 located directly to the north.
07:03:40 We have the Selmon expressway further off to the west.
07:03:44 Bay to Bay Boulevard is down here.
07:03:46 This is the Bayshore center office complex.
07:03:53 There's some multi-family uses scattered throughout also,
07:03:56 the Bayshore Presbyterian tower is located to the north.
07:04:00 On to the future land use map, the subject site and all
07:04:06 the properties along this portion of Bayshore here are
07:04:11 all of that residential 35.
07:04:13 We have got, where the Bayshore center is, the pink is
07:04:16 the community mixed use 35.
07:04:18 We actually have some, back where the Presbyterian tower
07:04:23 is, it's residential A-3.
07:04:29 Which is pretty rare.
07:04:31 Over all activity center is occurring near this Bay to
07:04:34 Bay and Himes and Bayshore, becomes very intense with a
07:04:38 lot of intense land uses.
07:04:41 The requested rezoning to RM-24 if approved would allow
07:04:45 for the development up to nine dwelling units on the
07:04:47 subject site.
07:04:47 It is in compliance with the residential 35 future land
07:04:52 use category.
07:04:54 Considering that the property is surrounded by some
07:04:56 residential uses and multi-family, the RM-24 zoning
07:05:02 district would be compatible with the existing character
07:05:05 in the area.
07:05:06 In addition, the Tampa comprehensive plan does below moat
07:05:09 the use of land resources in an efficient manner by
07:05:12 encouraging infill development on vacant or underutilized
07:05:15 sites.
07:05:16 So therefore, based on those findings and the goals,
07:05:19 objectives and policies of the comp plan, the Planning
07:05:21 Commission staff finds the proposed rezoning consistent
07:05:24 with the Tampa comprehensive plan.
07:05:26 Thank you.
07:05:36 >>ABBYE FEELEY: As I mentioned, 2801 Bayshore Boulevard
07:05:41 from PD to residential multi-family to allow for
07:05:45 residential development, it is 75 by 301 for a total area
07:05:51 of approximately .52 acres.
07:05:54 And it is bordered by Isabella to the west, Barcelona to
07:05:58 the north and Bayshore Boulevard to the east.
07:06:00 It was part of the planned development for Rodeph Sholom
07:06:05 and based on the number of seats currently in the
07:06:08 synagogue and the uses on the property, subject property
07:06:11 is not required to meet the number of required parking
07:06:14 spaces per code.
07:06:15 So, they did a substantial change to the remainder of the
07:06:20 PD to true up what is actually occurring on that and that
07:06:24 was processed through a sub change in our office and
07:06:27 approved, that in order to meet the required code, this
07:06:30 piece of property is not required in the PD.
07:06:33 The minimum site requirement also for the RM-24 is 5,000
07:06:41 minimum square feet, which this property has.
07:06:44 It is 75 by 301.
07:06:46 A 50-foot minimum yard width.
07:06:49 Setbacks would be 25-foot front, 7-foot corner and
07:06:53 20-foot rear.
07:06:54 In the RM district, maximum building height is 60 feet.
07:06:59 Go ahead and show you some pictures of the property.
07:07:04 David mentioned the site is shown here in green.
07:07:28 The RN 24 immediately adjacent to the south.
07:07:33 That contains single-family attached units.
07:07:36 I'll show you some pictures of that.
07:07:38 The office center match's place restaurant, may be
07:07:46 familiar to you, you considered it last week for town
07:07:48 homes on appeal of zoning administrator, CG allows for
07:07:52 residential through and F-1.
07:07:55 And that came before you and was approved last week at
07:08:00 Council during your day time hearing.
07:08:03 PD to the north as well, the rest of the congregation is
07:08:10 in that location.
07:08:11 Aerial of the site.
07:08:18 This site does have many, many large trees.
07:08:21 Those trees will need to be handled as part of
07:08:25 permitting.
07:08:25 There is no request before you this evening to remove any
07:08:28 of those as no request can be made to remove those.
07:08:31 There are several grand trees on-site that will need to
07:08:34 be accommodated as well.
07:08:37 Bay to Bay to the south, Selmon expressway to the west,
07:08:42 Bayshore and then Isabella.
07:08:45 Go ahead and show you some pictures of the property.
07:08:50 This is coming off of Bayshore turning on to Barcelona.
07:08:55 The subject is going to be on the left side of the photo.
07:09:02 The site, photo looking into the property.
07:09:11 This is from Isabela looking back east toward Bayshore.
07:09:18 This is at the rear of the property.
07:09:20 This is from inside the property looking toward Bayshore.
07:09:27 This is from Bayshore, the subject.
07:09:36 Back on Isabela on the backside, this is entry to the
07:09:40 residential development to the south also residential.
07:09:47 Isabela looking south towards Bay to Bay.
07:09:49 The northside, Isabela, parking lot, Selmon expressway,
07:10:00 the office complex.
07:10:01 This is the corner of Barcelona and Isabela.
07:10:05 This was the piece you approved last week.
07:10:08 This is looking back toward the temple.
07:10:14 These are from Bayshore.
07:10:18 This is the property immediately south, the RM-24 piece,
07:10:22 looking south, looking south on Bayshore.
07:10:25 The proposed application did meet all the minimum
07:10:31 requirements and staff did find the request consistent.
07:10:34 We are available for any questions.
07:10:36 >>FRANK REDDICK: Any questions from Council?
07:10:37 All right.
07:10:39 Petitioner?
07:10:47 >> Good evening, Mr. Chairman, members of the City
07:10:49 Council, my name is John Grandoff.
07:10:50 I practice law at Hill Ward Henderson firm and I have the
07:10:54 pleasure of representing congregation Rodeph Sholom this
07:10:58 evening in this rezoning application.
07:10:59 Ms. Feeley and Mr. Hey have summarized their findings of
07:11:05 consistency under the zoning code and under the land use
07:11:08 planning and plan map.
07:11:10 This is simply what I would term zoning housekeeping.
07:11:15 Years ago the congregation did a larger PD, which
07:11:19 included this property.
07:11:20 And the congregation has dwindled.
07:11:23 The property is no longer necessary.
07:11:25 It used to be RM-24.
07:11:27 We did an administrative approval in November, approved
07:11:30 but the zoning department to remove this piece out of the
07:11:32 PD.
07:11:34 So now the congregation parcel, where the sanctuary is,
07:11:37 is a freestanding parcel, and this piece we're simply
07:11:40 going to route it back to the RM-24 district as it
07:11:44 originally was.
07:11:45 That's it in a nutshell.
07:11:46 We have no objections from any of the staff members.
07:11:49 And we respectfully request your approval this evening.
07:11:51 I'll reserve the remainder of my comments for rebuttal.
07:11:55 >>FRANK REDDICK: All right.
07:11:55 Anyone in the audience wish to speak on item number 5?
07:12:00 Anyone in the audience wish to speak on item number 5,
07:12:03 please come forward.
07:12:04 >> Lee Greenslade.
07:12:05 Live 1510 West Bar Drive.
07:12:10 I would like to discuss history.
07:12:13 This property was -- the Jewish synagogue wanted to build
07:12:19 their school.
07:12:20 They gave up a quarter of their parking lot at that time,
07:12:24 which met their requirements, and bought that piece of
07:12:28 property to take care of it.
07:12:30 They have tried to do other plans with it and have never
07:12:34 succeeded with it.
07:12:38 Either jurisdiction or mistakes, they may have shrunk.
07:12:41 The building still stands, it is still capable of seating
07:12:44 the original capacity.
07:12:46 So, I see no reason for it to drop back to where they
07:12:50 lose that as parking space.
07:12:51 If any of you have ever driven by that during a funeral,
07:12:57 a normal stated Saturday meeting, there is very little
07:13:03 parking.
07:13:03 At that I will leave it with you.
07:13:06 You have a good evening, gentlemen and ladies.
07:13:12 >>FRANK REDDICK: Thank you.
07:13:13 Next speaker?
07:13:14 >> Hello, my name is Angelina Hickman and I reside at
07:13:18 2106 (inaudible) and I'd like to thank the members of the
07:13:24 City Council for allowing me the opportunity to speak on
07:13:26 this matter.
07:13:27 I'm here to represent St. Petersburg college and the
07:13:29 public policy and administration program, so I'm actually
07:13:32 doing this as a project, so please forgive me.
07:13:35 I'm here to speak on REZ 16-04, although I do not live in
07:13:42 the area, I'm all for the renovation of it.
07:13:45 I understand that the synagogue may not use it and they
07:13:49 are wanting to build a multi-family home at this time.
07:13:51 That may reside for a nine units, about 1800 square feet
07:13:56 each.
07:13:56 I think that is a good thing for young professionals like
07:13:59 myself who venture out to the south Tampa area and we may
07:14:02 want to buy something that's a little more affordable
07:14:05 since, since I'm not able to purchase at this time, but I
07:14:08 was just like to give my opinion on that.
07:14:10 Thank you all for listening.
07:14:12 >>FRANK REDDICK: Thank you.
07:14:13 Anyone else wish to speak on item number five?
07:14:17 >> Move to close.
07:14:19 >> Second.
07:14:20 >>FRANK REDDICK: Got a motion by Ms. Montelione, seconded
07:14:23 by Mr. Maniscalco.
07:14:24 All those in favor of the motion say aye.
07:14:26 Opposed?
07:14:27 Mr. Maniscalco, care to read?
07:14:30 >>GUIDO MANISCALCO: I have an ordinance being presented
07:14:31 for first reading consideration, an ordinance rezoning
07:14:33 property in the general vicinity of 2801 Bayshore
07:14:36 Boulevard in the City of Tampa, Florida and more
07:14:37 particularly described in section 1, from zoning district
07:14:40 classifications PD planned development place of religious
07:14:43 assembly to RM-24 residential, multi-family, providing an
07:14:46 effective date.
07:14:47 >> Second.
07:14:49 >>FRANK REDDICK: Got a motion from Mr. Maniscalco, second
07:14:51 by Ms. Montelione.
07:14:54 Any discussion?
07:14:55 All in favor.
07:14:55 Opposed?
07:14:58 >>THE CLERK: Motion carried with Ms. Capin being absent
07:15:01 at vote and with Cohen abstaining.
07:15:04 Second reading and adoption will be March 3rd at
07:15:08 9:30 a.m.
07:15:09 >> Thank you.
07:15:11 >>FRANK REDDICK: All right.
07:15:12 We go to item number 7.
07:15:17 >>ABBYE FEELEY: Thank you, Council.
07:15:19 Abbye Feeley, land development.
07:15:20 Item number 7:00 is REZ 16-01.
07:15:25 It's located at 3208 West Cass Street and the request
07:15:29 before you tonight is from an RS-50, residential single
07:15:33 family to PD, planned development for residential
07:15:36 single-family detached, two lots.
07:15:39 There are no waivers being requested with this
07:15:44 application this evening.
07:15:47 >> Good evening, councilmembers, David Hey with your
07:15:54 Planning Commission staff.
07:15:55 I have been sworn.
07:15:55 We move back up to the central Tampa planning district
07:15:58 for this next case.
07:15:59 It's a subject site is located within the Oakford Park
07:16:04 neighborhood located on the south side of West Cass
07:16:06 Street between Bradford and Matanzas Avenues.
07:16:09 It is a .22-acre subject site.
07:16:12 There is transit within proximity of the subject site.
07:16:18 Point two miles to the north on West Cypress street and
07:16:21 west cypress street is served by the HART route 10, which
07:16:26 connects downtown to the Westshore Business District.
07:16:30 It is a residential zoning, so the closest public
07:16:33 recreational facilities within one mile, Vila Brothers
07:16:37 Park and Macfarlane Park and the subject site is located
07:16:40 within a level E evacuation zone.
07:16:44 Here we have the subject site, it's kind of hard to see.
07:16:49 Right here right in the center.
07:16:51 Cypress Street is about two blocks to the north.
07:16:54 North MacDill is about two blocks to the east.
07:16:57 You can see that immediately surrounding the subject site
07:17:00 is predominantly all single-family detached.
07:17:03 There are office uses located up on Cypress with some
07:17:07 commercial uses.
07:17:08 And then we have the Kennedy Boulevard and the commercial
07:17:11 uses on the corridor.
07:17:15 On to the future land use map, the subject site and all
07:17:19 of the properties surrounding it in the tan are that
07:17:22 residential 10 future land use category, and then we get
07:17:25 the urban mixed use 60 down on Kennedy and the community
07:17:30 mixed use 35 and the residential 20 along Cypress Street.
07:17:34 The requested planned development promotes utilization of
07:17:40 vacant land for new housing to meet the needs and
07:17:42 preferences of Tampa's growing population.
07:17:44 The proposed infill development is within close proximity
07:17:47 to transit and recreational opportunities.
07:17:50 And overall the subject is a single-family detached
07:17:53 residential uses, would be comparable and compatible with
07:17:56 the surrounding existing development pattern, while also
07:18:00 furthering increased density within the density limits of
07:18:03 the residential 10 future land use category.
07:18:06 Therefore, based on those findings and the goals,
07:18:08 objectives and policies of the comprehensive plan,
07:18:11 Planning Commission stand finds the proposed plan
07:18:14 development consistent with the Tampa comprehensive plan.
07:18:16 Thank you.
07:18:23 >>ABBYE FEELEY: The applicant is proposing to rezone the
07:18:27 property at 3208 west Cass from residential single-family
07:18:32 to PD planned development for residential single-family.
07:18:37 The property contains portions of two plotted lots within
07:18:40 the bar Mac subdivision.
07:18:45 Each lot is proposed at 50.50 feet by 95.
07:18:49 So, an RS-50 lot is 50 by 100.
07:18:55 These are five feet short at 95 feet to qualify as
07:18:58 buildable lots under the RS-50.
07:19:01 They are 4,797 square foot each.
07:19:04 The proposed frontage meets the RS-50 standard.
07:19:09 However, given the lot depth as I just stated, each lot
07:19:14 is 202 square feet short.
07:19:17 The only way to allow for two buildable lots is through
07:19:22 the PD planned development process.
07:19:24 The property is currently occupied.
07:19:28 My report said occupied by a single-family dwelling.
07:19:31 It is vacant.
07:19:32 So I will go ahead and show you some pictures.
07:19:37 As I stated, there are no waivers.
07:19:39 This property is located three blocks west of north
07:19:43 MacDill Avenue.
07:19:44 Here is the zoning atlas.
07:19:55 The property is shown in green.
07:19:56 There is one other PD at the corner of Carmen and
07:20:01 MacDill.
07:20:02 Cypress to the north, Bradford to the west.
07:20:06 Matanzas to the east.
07:20:08 Cass Street to the north.
07:20:09 The aerial of the site, there is a single-family
07:20:18 residence on both sides of the property.
07:20:22 And single-family residence surrounding.
07:20:26 This request is for single-family residence as well.
07:20:31 The picture of the subject property, is also the subject.
07:20:44 Is the property to the east.
07:20:50 Property to the west.
07:20:51 On the northside.
07:20:55 Directly north.
07:20:58 This is to the north.
07:21:04 And then this is also the north of Matanzas and Cass.
07:21:09 There are some minor modifications that need to be made.
07:21:19 Let me go over the setbacks.
07:21:20 The proposed lots again 50.5 by 95.
07:21:24 The setbacks are 20-foot front with a 12-foot setback for
07:21:29 a front porch.
07:21:30 The sides are 7 and the rear is 20 feet.
07:21:33 The setbacks for the east lot are front 25-foot, with a
07:21:39 21-foot setback for the porch.
07:21:42 Side 7.
07:21:45 Five foot east and 15-foot rear.
07:21:48 The setbacks for the east lot are adjusted due to a large
07:21:51 35-inch oak at the front of the property and a 48-inch
07:21:55 oak at the rear of the property.
07:21:56 Maximum building height is proposed at 35 feet.
07:22:00 I have some modifications that need to be made in between
07:22:04 first and second reading.
07:22:06 Should it be the pleasure of council to approve this
07:22:08 application this evening, the correct density needs to be
07:22:12 on the site plan at 9 dwelling units an acre.
07:22:17 And also that the drainage easement is being released
07:22:22 pursuant to ROE 1609.
07:22:25 Natural resources had two site plan modifications.
07:22:29 The site plan shows proposed building and proposed
07:22:32 favored driveway at ten foot off the 35-inch oak.
07:22:36 They would like that to be adjusted and make it 16-foot
07:22:43 drive with a protective radius to provide 12-foot from
07:22:47 the edge of the tree.
07:22:48 And to extent the root pruning line to the west to be at
07:22:51 the edge of the proposed improvement.
07:22:53 And also that the proposed trees cannot be planted within
07:22:57 ten foot of any waterlines.
07:23:00 Added that note to the site plan.
07:23:02 Prior to final design, they are requesting that it would
07:23:06 be, the building would be fixed and they would schedule a
07:23:10 site meeting with natural resources in order to ensure
07:23:13 any can pope con canopy conflict.
07:23:19 If those modifications are made in between first and
07:23:21 second reading, staff finds the request consistent.
07:23:24 Thank you.
07:23:26 >>HARRY COHEN: Questions from Councilmembers before we
07:23:28 move on to the petition senator Councilwoman Montelione?
07:23:31 >>LISA MONTELIONE: Thank you.
07:23:32 I.
07:23:32 >>Reporter: The natural resources section, and I don't
07:23:35 see natural resources staff here.
07:23:37 Am I correct?
07:23:39 Okay.
07:23:39 So it says that the tree a that is there is showing signs
07:23:48 of stress and starting to decline.
07:23:50 But it doesn't say it's a nonhazardous live oak.
07:24:02 It's not grand oak.
07:24:03 And I am hesitant to request a builder to change plans
07:24:10 [Inaudible] tree already declining that is not a grand
07:24:15 tree.
07:24:20 >>ABBYE FEELEY: Yes, it is not located on the private
07:24:24 property.
07:24:25 It is in the right-of-way.
07:24:28 They're just asking that this driveway be moved, just two
07:24:34 feet to be a 16-foot wide drive.
07:24:37 And I had Mary Danielewicz check that with Jonathan Scott
07:24:43 of transportation, that would be acceptable.
07:24:46 And then with I guess more telling is the one also at the
07:24:52 back of the property.
07:24:56 So, I'm not sure, I mean, we could -- I don't know.
07:25:02 [ Laughter ]
07:25:02 >>LISA MONTELIONE: You don't have natural resources here.
07:25:10 >>ABBYE FEELEY: It is a right-of-way tree.
07:25:11 They would apply for the removal given the tree is in the
07:25:14 right-of-way.
07:25:17 >>LISA MONTELIONE: If they were willing to keep the
07:25:19 driveway as is, they could take the chances whether the
07:25:22 tree survives or not.
07:25:23 I mean I've seen a lot of trees survive worse.
07:25:26 So, it's just, I guess up to the builder.
07:25:32 >>ABBYE FEELEY: That is also something we could follow-up
07:25:34 in between first and second reading with natural
07:25:37 resources but I don't know if the applicant is
07:25:39 comfortable with making those site plan changes and could
07:25:42 accommodate their proposed product within that building
07:25:46 envelope.
07:25:47 I think we would still probably be good.
07:25:51 >>LISA MONTELIONE: I no root pruning doesn't come cheap
07:25:53 either.
07:25:55 >>ABBYE FEELEY: I let Mr. Gritton speak to that.
07:26:02 >>HARRY COHEN: Petitioner?
07:26:07 >> Good evening, Roger Gritton, Gritton architect.
07:26:10 Here representing the project.
07:26:12 Since staff has approved this project, I would request
07:26:19 that you approve it as well.
07:26:23 I'm here to answer any questions.
07:26:25 >>HARRY COHEN: I know Councilwoman Montelione has a
07:26:27 question.
07:26:28 >>LISA MONTELIONE: The two questions that I just asked
07:26:30 Ms. Feeley.
07:26:31 >> We'll accommodate whatever the staff wants with the
07:26:34 tree.
07:26:34 I'd rather see the house moved forward a little bit.
07:26:42 >>LISA MONTELIONE: I don't think they were asking for the
07:26:43 house to be moved.
07:26:44 They were asking for the driveway to be narrowed and the
07:26:47 back of the house to have the tree in the back to have
07:26:50 additional root pruning.
07:26:53 >> That's fine.
07:26:53 >>LISA MONTELIONE: And near the waterline.
07:26:55 >> We'll accommodate those requirements.
07:27:05 >>LISA MONTELIONE: All the questions I have.
07:27:06 >>HARRY COHEN: Any other questions from Councilmembers?
07:27:08 Thank you, sir.
07:27:09 Is there anyone from the public that would like to speak
07:27:12 on this item?
07:27:13 Please come forward.
07:27:15 You have three minutes and please give us your name and
07:27:17 address.
07:27:18 >> Amelia G. Ames.
07:27:21 I'm the homeowner at 516 north Matanzas just to the east
07:27:26 of the proposed home to be built.
07:27:28 And I have some other pictures of my property because
07:27:34 there is -- what's that?
07:27:39 [Inaudible]
07:27:42 >> As you know, this area of town is called Oakford Park.
07:27:45 There is no waterfront property in Oakford Park until you
07:27:50 have one or two good rains.
07:27:52 Then a lot of it is waterfront property.
07:27:54 This is the front of my house.
07:27:57 There's a drainage ditch here, which you see has
07:28:00 overflowed.
07:28:01 And there is also one on the opposite side of Matanzas,
07:28:06 which is full if not overflowing.
07:28:09 Also, the front of my house lapping at the front
07:28:18 doorstep, water.
07:28:20 And in the backyard on the west side of the fence is my
07:28:28 property, which the back corner has standing water.
07:28:33 On the right side of the fence is the back of the
07:28:35 property at 3208.
07:28:37 That is usually a pond also and the very middle of the
07:28:43 property is a large pond that always has standing water.
07:28:47 Another picture of the back of the property.
07:28:49 This on the right side here is 3208 lot.
07:28:55 And another one.
07:28:58 So I am concerned that covering a large section of that
07:29:06 lot with concrete and will probably fill it in too will
07:29:11 just make the flooding at my house even worse.
07:29:14 And another issue that I have is the setback on the east
07:29:21 side.
07:29:22 They said that would be five feet.
07:29:23 And I believe the City of Tampa does not have a very
07:29:30 strict noise ordinance, so, I would be only five feet
07:29:35 from the neighboring property.
07:29:37 Also, they showed there's one other planned development,
07:29:44 which I think is on the opposite side of MacDill.
07:29:47 And our neighborhood, I don't believe that there are any
07:29:50 lots smaller than 5,000 square feet.
07:29:52 There's been a lot of new homes go up there lately.
07:29:56 I've checked.
07:29:57 They're large two story homes, but they are on lots that
07:30:01 are at least 5,000 square feet.
07:30:03 >>LISA MONTELIONE: Trying to orient myself here.
07:30:17 So you are on Matanzas and that would be south of Cass.
07:30:28 >> I'm on the corner of Matanzas and Cass.
07:30:32 516.
07:30:33 >>LISA MONTELIONE: So you're immediately adjacent to the
07:30:36 subject property?
07:30:38 >> East of the proposed buildings.
07:30:40 >>LISA MONTELIONE: So I'm looking at the aerial
07:30:42 photograph so I can see your house.
07:30:44 You made a statement about being five feet from the
07:30:47 property.
07:30:48 But there is a, on one side there is a setback of five
07:30:53 feet.
07:30:54 There's got to be a setback to your property.
07:31:00 >> I just know it's five feet from my fence line.
07:31:05 >>LISA MONTELIONE: But not from your house.
07:31:08 Okay.
07:31:08 >> Your driveway comes in there.
07:31:18 And then you have a covered concrete, something in the
07:31:22 back of your property?
07:31:24 >> Right.
07:31:24 >> And this is the five foot setback you're talking to
07:31:27 the new property.
07:31:28 >> Uh-huh.
07:31:31 The minimum should be 7.
07:31:34 >>ABBYE FEELEY: Code actually allows for a nine and a
07:31:36 five for a total of 14, if you're providing a driveway or
07:31:40 a porte cochere or something like that.
07:31:43 So it does allow for a consideration.
07:31:47 They have a nine and a half on the other side.
07:31:50 Her structure appears to be --
07:31:53 >>LISA MONTELIONE: That's the point I was getting here.
07:31:55 So you said you'd be five feet from the property.
07:31:58 I mean technically all property lines are abutting right
07:32:02 against each other.
07:32:03 So at some point your property is going to touch the
07:32:06 other property.
07:32:07 I was thinking you were saying your house was going to be
07:32:09 five feet from the other.
07:32:12 >> No, I meant, the setback was five.
07:32:15 >>LISA MONTELIONE: The issue of the drainage, I'm not
07:32:18 sure what stormwater project has been scheduled in your
07:32:25 area, because this isn't my district, so I'm not as
07:32:28 familiar with the stormwater projects in the area.
07:32:31 But we have a lot of flooding all over the city and
07:32:38 that's one of the reasons why we have passed the
07:32:40 stormwater assessment recently.
07:32:42 And when new buildings are constructed, Miss Feeley --
07:32:50 thank you very much.
07:32:50 Miss Feeley, natural resources, transportation.
07:32:59 >>ABBYE FEELEY: As you know, I was going to recommend
07:33:00 probably that she contact stormwater directly because
07:33:04 those ditches you referred to they may need some
07:33:07 maintenance by the city.
07:33:09 We have had other properties that come in and say oh,
07:33:11 they're going to flood me.
07:33:12 Code requires that all stormwater or any water that this
07:33:16 development would make, they have to take care of it on
07:33:19 their own property through swales and other vehicles for
07:33:25 the stormwater maintenance.
07:33:27 >>LISA MONTELIONE: I think the best advice is if you've
07:33:29 not called stormwater before, is to -- whenever your
07:33:34 property looks like that, and you have photographs,
07:33:38 there's a form you can fill out to stormwater and they
07:33:40 will send a stormwater technician out to your house to
07:33:43 figure out why your property is flooding.
07:33:45 And hopefully have a plan to address it.
07:33:49 >> But don't you think covering most of that lot with
07:33:52 concrete is going to cause worse flooding?
07:33:56 >>LISA MONTELIONE: Not necessarily.
07:33:58 >> Because?
07:33:59 >>LISA MONTELIONE: Because of what Miss Feeley just said.
07:34:02 >>ABBYE FEELEY: Code requires that they take care of that
07:34:04 on their property.
07:34:05 They can't adversely impact your property through their
07:34:09 development.
07:34:09 So we have standards in place in order to ensure that
07:34:11 that does not occur.
07:34:12 But I want you to call our stormwater people first.
07:34:17 >> Okay.
07:34:17 Thank you.
07:34:21 >>FRANK REDDICK: All right.
07:34:22 Anyone else wish to speak on item number 7?
07:34:28 >> Move to close.
07:34:29 >> Second.
07:34:30 >>FRANK REDDICK: Got motion from Mr. Miranda, second by
07:34:33 Ms. Montelione.
07:34:33 All in favor of the motion say aye.
07:34:35 Opposed?
07:34:35 Mr. Cohen, you wish to read number 7?
07:34:39 >>HARRY COHEN: Thank you very much, Mr. Chair.
07:34:41 I move an ordinance being presently for first reading
07:34:44 consideration, an ordinance rezoning property in the
07:34:47 general vicinity of 3208 West Cass Street in the City of
07:34:51 Tampa, Florida and more particularly described in section
07:34:54 1, from zoning district classifications RS-50,
07:34:57 residential single-family, to PD planned development,
07:35:00 residential, single-family detached, providing an
07:35:02 effective date.
07:35:04 >>FRANK REDDICK: Got a motion Mr. Mr. Cohen, second by
07:35:07 Mr. Maniscalco.
07:35:08 All in favor of the motion say aye.
07:35:09 Opposed?
07:35:10 All right.
07:35:12 >>THE CLERK: Motion carried with Capin being absent.
07:35:15 Second reading and adoption March 3rd, 30:00 a.m.
07:35:19 >>FRANK REDDICK: Let me give you notice that Miss Capin
07:35:22 has arrived.
07:35:23 And she will be joining us in a few minutes.
07:35:26 But she is in the building.
07:35:28 So we're going to go to number 8 and hopefully by time we
07:35:31 finish number 8, Miss Capin will be sitting up here next
07:35:35 to me.
07:35:36 All right.
07:35:38 So we go to number 8.
07:35:48 >>ABBYE FEELEY: Item number 8 on your agenda this evening
07:35:53 is REZ 16-02.
07:35:56 It's located at 203 south Renellie Drive and the request
07:36:01 before you tonight, similar to the one you just heard, it
07:36:06 is an RS-75 residential single-family to a PD, planned
07:36:11 developments residential single family detached.
07:36:14 There are no waivers for this application.
07:36:22 >> Good evening, Councilmembers, David Hey with your
07:36:25 Planning Commission staff.
07:36:26 I have been sworn.
07:36:27 We are in the south Tampa planning district for this next
07:36:31 case.
07:36:31 The subject site located within the Beach Park
07:36:34 neighborhood.
07:36:34 It's located at the southwest corner of west Cleveland
07:36:37 street and South Renellie drive.
07:36:40 It's a .38-acre subject site.
07:36:43 There is transit located within proximity of the subject
07:36:48 site up on Kennedy Boulevard.
07:36:49 That route 30 connects downtown to Westshore.
07:36:56 Since this is a residential rezoning request, the closest
07:37:00 public recreational facilities Charles B Williams Park.
07:37:04 Which is approximately 4,200 feet to the northeast of the
07:37:07 subject site on the northside of Kennedy.
07:37:09 And the subject site is located within a level B
07:37:12 evacuation zone.
07:37:13 On to the aerial, the subject site is right here.
07:37:18 We have Cleveland on the north, South Renellie drive
07:37:21 running north-south, on the east side of the subject
07:37:25 site.
07:37:26 Westshore is one block to the west.
07:37:29 This is Kennedy Boulevard.
07:37:31 We have got Westshore Plaza, the urban center.
07:37:34 We have got commercial uses all along Kennedy Boulevard
07:37:37 there.
07:37:40 And then basically the residential area is all
07:37:42 single-family detached.
07:37:44 Request some multi-family further down Kennedy.
07:37:48 Here we have the future land use map.
07:37:51 The subject site and all this yellow is the residential
07:37:56 6.
07:37:56 Immediately to the north, quite a change.
07:38:00 It goes up to RMU 100.
07:38:03 So it's right on the edge of RMU 100 and red six, quick
07:38:09 transition there.
07:38:10 And then we have got the urban mixed use 60 along Kennedy
07:38:15 Boulevard.
07:38:15 Overall the comprehensive plan does promote infill within
07:38:21 the density limits of the designated future land use
07:38:25 category and this case, the residential 6.
07:38:28 Under that residential 6, the site can be considered for
07:38:31 two residential units.
07:38:34 The proposed infill development is again within close
07:38:38 proximity to transit and recreational opportunities.
07:38:40 And overall the single-family detached residential uses
07:38:44 would be comparable and come palatable with the
07:38:46 surrounding existing development pattern while also
07:38:50 furthering increased density within the density limits of
07:38:52 that residential 6 future land use category.
07:38:56 Therefore, based on those findings and the goals,
07:38:59 objectives and policies of the comprehensive plan,
07:39:02 Planning Commission staff finds the proposed plan
07:39:04 development consistent with the Tampa comprehensive plan.
07:39:06 Thank you.
07:39:09 >>ABBYE FEELEY: Thank you, David.
07:39:10 One thing David just said and I wanted to piggy back on,
07:39:24 this is R-6 land use.
07:39:27 R-6 does not allow for consideration of a smaller
07:39:30 Euclidean district than the RS-75.
07:39:33 That's why this is coming as a PD.
07:39:37 This would meet the RS-60 and it would have the amounts
07:39:42 that it is going to have.
07:39:44 These two lots being proposed, one is at 8,000 square
07:39:47 feet, which is 500 square foot more than the RS 375 and
07:39:51 the other is 8600 square feet, which is substantially
07:39:54 larger than the RS-75, but these lots do not meet the
07:39:58 minimum lot width of the RS-75.
07:40:00 So, it could not process before you as an RS-60 because
07:40:04 the R-6 land use does not allow for consideration.
07:40:08 The R-6 land use requires a minimum of 7277 lot area a
07:40:14 unit.
07:40:15 Or a lot, which this has in the 8,000 and 8600.
07:40:20 So I just wanted to go down that path before I show you
07:40:23 the analysis of the area.
07:40:25 The request before you tonight is for two single-family
07:40:30 lots.
07:40:30 The property contains the plotted lots of lot 17 and 18,
07:40:35 block 29 of Beach Park unit 3.
07:40:38 If I may for a minute put up the plot of Beach Park unit
07:40:43 three, and this is actually in your staff report.
07:40:45 The lots we're talking about are those two northernmost
07:40:50 lots here.
07:40:52 And David showed you that's adjacent to the RMU 100 and
07:40:57 also adjacent to two other plots and I will go ahead and
07:41:02 show you those plots.
07:41:03 But given your familiarity to resolution map, once we go
07:41:10 to the rest of this plot, it's a very different character
07:41:13 than what is north of there.
07:41:15 You can see with the different odd shaped lots on the
07:41:19 angle and the larger.
07:41:22 Now, these were all plotted at a 60-foot plat.
07:41:26 So these are typically 60-foot by 132 feet in depth.
07:41:31 And I'll go through that a little bit further.
07:41:34 I do have a little blow-up of the two lots.
07:41:39 And I also have for you the plats of the remainder to the
07:41:47 east is Beach Park annex.
07:41:50 And that was a one block plat.
07:41:53 So that's to the east.
07:41:54 I'm going to show that to you on my red-blue map.
07:41:58 It's right here.
07:41:59 And then on the west side of Westshore is Beach Park unit
07:42:16 number 4, which this block here I picked up as well.
07:42:21 Again, all those plotted at a 60-foot width.
07:42:25 So in the red-blue map, that's in your staff report and
07:42:36 shown for you here, we do do an analysis of the
07:42:41 development pattern surrounding the subject, which to the
07:42:44 north is commercial.
07:42:46 So that would not be included.
07:42:48 Everything shown here in blue is a nonconforming to the
07:42:52 RS-75.
07:42:53 That means that it is a plotted lot of 60-foot.
07:42:56 Everything in red conforms to the RS-75.
07:43:01 We did an analysis of a total of 42 lots.
07:43:06 14 or 33% are conforming to the RS-75.
07:43:11 28 or 67% are nonconforming, meaning they have less than
07:43:18 a width of 75 feet.
07:43:20 On the subject block itself, there are 12 development
07:43:23 parcels and it was a split of 50-50.
07:43:27 Six are at the conforming and six are nonconforming.
07:43:32 Given part of what David was talking about too with the
07:43:38 RMU 100 and the non-residential use directly to the north
07:43:46 and the reestablishment of the plotted lots and they are
07:43:49 plotted and developed directly to the west and south and
07:43:53 east, across the corners, south did find the request for
07:43:57 the reestablishment consistent.
07:44:01 This property, the proposed setback for lot 18 have a
07:44:12 front of 25-foot, side of 7-foot, and a corner of 15-foot
07:44:17 and a rear of 12-foot.
07:44:19 The setbacks for lot 17 is shown on your plan has a front
07:44:23 of 30-foot.
07:44:24 This is an additional setback for the 60-inch grand tree
07:44:27 located at the front of the property.
07:44:29 A side of 7 feet and a rear of 15 feet.
07:44:32 The maximum building height is proposed at 35 feet, which
07:44:37 is consistent with the RS-75.
07:44:39 Go ahead and show you the zoning atlas.
07:44:48 Again, property shown here in green, the Panera, PetCo
07:44:54 and also a gas station immediately north and the shopping
07:44:57 center there.
07:44:58 Office building.
07:45:01 You may recall on Renellie there's a special use for a
07:45:04 parking lot that comes back a little bit further on that
07:45:07 street as well.
07:45:10 So this is on the cusp heading into the Kennedy corridor.
07:45:15 I am going to start my pictures on Renellie and come down
07:45:23 and then come back up and then I'll show you what is
07:45:27 adjacent and surrounding.
07:45:29 This is the subject site.
07:45:32 This is also the subject property.
07:45:40 This is the subject property from Cleveland.
07:45:46 This is immediately south of the subject property.
07:45:56 And if I may, this is on a blue lot.
07:45:59 This is a 60-foot lot.
07:46:01 There are four of them immediately adjacent to the south
07:46:04 on Renellie.
07:46:05 To the south, to the south as well.
07:46:10 This is immediately across the street on the corner of
07:46:23 Renellie and Cleveland.
07:46:25 This is oriented, the house is oriented to Cleveland.
07:46:29 The lot is plotted east-west, so this is the side that
07:46:33 faces Renellie.
07:46:34 So this is moving south again on the east side of
07:46:38 Renellie.
07:46:39 This is a blue lot.
07:46:49 This is also a blue lot.
07:46:51 Shopping center to the north.
07:47:00 This is the side of the shopping center that faces
07:47:02 Renellie.
07:47:03 This is the northeast corner of Renellie and Cleveland.
07:47:08 Subject.
07:47:10 This is immediately to the west of the subject.
07:47:15 So this is on Westshore and Cleveland.
07:47:18 The lot on Westshore and Cleveland immediately to the
07:47:23 west.
07:47:23 If it is the pleasure of the Council to approve this
07:47:29 application this evening, there is one minor modification
07:47:32 that needs to be made to the setback request.
07:47:36 And it's simply what the setbacks are stated as required
07:47:40 and proposed and it needs to be corrected.
07:47:45 From the RS-75 is a 25-foot front and a 20-foot rear.
07:47:53 So that just needs to be corrected.
07:47:55 There is an informational comment from natural resources
07:47:58 in relation to staking any final buildings in relation to
07:48:03 the large trees.
07:48:05 The rest of the findings of my report are on pages 3, 4
07:48:09 and 5 and 6.
07:48:10 And I am available for any questions.
07:48:12 >>FRANK REDDICK: Any questions from Council?
07:48:14 Petitioner?
07:48:36 >> My name is Sebring Sierra and I'm the owner of the
07:48:39 front and I appreciate the opportunity to appear before
07:48:41 you to go through the thoughts behind why we're seeking a
07:48:46 PD and Abbye and David did a great job presenting that.
07:48:51 I just kind of wanted to add a few other things from my
07:48:55 standpoint of the owner to their presentation.
07:48:56 As you know, my request involves a PD planned development
07:49:00 designation, in order to better deal with unique site
07:49:03 specific conditions.
07:49:06 And my opinion as a developer and builder, to ensure
07:49:10 smart growth.
07:49:10 It's a benefit to the city and it is also consistent with
07:49:14 the historical zoning of the area as we saw and also with
07:49:18 the comprehensive plan.
07:49:20 My specific request is to modify the front footage
07:49:23 requirement in order to meet the historical neighborhood
07:49:27 pattern.
07:49:27 And this is a key point, I don't know if it's been
07:49:30 stressed enough in that picture Abbye showed you all,
07:49:33 there's this incredible grand oak tree in lot 17,
07:49:36 southern lot.
07:49:36 This property has been in our family since the 50s.
07:49:39 My mom remember that is tree going over there to visit
07:49:41 her aunt and she told me it's huge and she's right.
07:49:44 It's 60-inch tree.
07:49:45 So, working with Mary at the city and the natural
07:49:49 resource department, we agreed to not only step the
07:49:52 building back that would be built there and that's the
07:49:55 lot I'm looking to build my own home on.
07:49:58 But we would also step the building back.
07:50:01 Earlier when miss Montelione was asking about trees and
07:50:05 root pruning and all that we spent countless hours with
07:50:09 Mary working on how to tier the building back and set it
07:50:13 back in order to be far away from that grand oak, which
07:50:16 under current zoning it would just get the normal
07:50:20 protection.
07:50:20 Not site specific.
07:50:22 Property is unique in it's two separate plotted lots.
07:50:26 This is lot 17 and lot 18 of a plat that was there
07:50:30 basically include chapter 43 zoning.
07:50:33 Both the lots are 11 percent larger than what is required
07:50:36 by zoning.
07:50:37 The proposed front footage based on our calculations,
07:50:41 when you take into account everything to the north, which
07:50:43 I this is forgotten about, it's 87% we're in compliant
07:50:47 with.
07:50:47 Because everything to the north is a 50,000-foot retail
07:50:51 center, Cleveland Street, if you're out there, I had a
07:50:53 neighborhood meeting last week that I'll tell you about.
07:50:55 People are zipping by.
07:50:57 It is a very, very urban commercial area.
07:50:59 The urban center is right across the street.
07:51:01 Additionally, there's a busy arterial Cleveland, I'll
07:51:05 skip that part because I said it.
07:51:07 There's an acceptable utility school and transportation
07:51:11 capacity that's in the staff report to handle.
07:51:13 This is one net new home.
07:51:15 Also the city's comp plan supports this request since the
07:51:18 lots are actually 14 and a half percent larger than
07:51:21 what's required under R-6.
07:51:22 And all setbacks meet the criteria.
07:51:25 Just a few if I can throw these up there.
07:51:28 This is my property right here and I know Abbye showed
07:51:37 this picture.
07:51:38 Just to show you literally right across the street is
07:51:42 this huge retail center.
07:51:44 Pretty much anybody from Tampa and I'm fourth generation,
07:51:47 you know that center.
07:51:48 I mean it's busy.
07:51:49 There's a lot going on there.
07:51:51 Based on the surrounding development patterns, lot size
07:51:56 criteria and step down and criteria, the PD will allow
07:52:00 that because it's custom for the site.
07:52:02 I talked about the existing live oak, we're setting it
07:52:04 back extra 20 feet the building and tiering that lot
07:52:08 back.
07:52:09 Then lastly and I think is really important.
07:52:11 Is when we sent out the notice, the one that goes out to
07:52:15 everybody within 250 feet, I also included an invitation
07:52:19 personally that gave my cell phone number, my personal
07:52:22 Gmail address and I also held a meeting on Wednesday,
07:52:26 February 3rd.
07:52:27 So just last week.
07:52:29 And I had a few neighbors actually call me.
07:52:32 I had a few email and I actually had a few even show up
07:52:35 believe it or not.
07:52:36 And the important thing was we sent the letter to people
07:52:38 that don't even live on Renellie street.
07:52:41 They live the next street over.
07:52:43 Everybody that showed up to the meeting was from Renellie
07:52:45 street.
07:52:46 One was Jason directly next door.
07:52:48 One was Warren that lives right down the street.
07:52:51 Heather, I believe is a professor at USF that couldn't be
07:52:55 here tonight.
07:52:55 They all came to this meeting and I wanted to have that
07:52:58 meeting because even though we're a builder, when guilt
07:53:00 those notices, the ones that the city requires, they're
07:53:03 kind of scary.
07:53:04 Like you get them and it says what are you doing?
07:53:07 And it's two lots, lot split.
07:53:09 I wanted to provide a little flavor.
07:53:11 I brought the site plan.
07:53:12 And we had a really good dialogue.
07:53:14 One gentleman asked me, what is your house going to look
07:53:16 like?
07:53:17 I said just look at the house next door.
07:53:19 It's at 35 feet.
07:53:20 Abbye showed a picture of it.
07:53:22 It's literally got no setback and it is massing from a
07:53:26 planning standpoint over my lot.
07:53:28 It's casting a shadow it's such a big home.
07:53:30 Every property touching mine is a 60-foot lot.
07:53:33 That he is the way this neighborhood originally was zoned
07:53:35 for 85 plus years before we went to the past chapter 43
07:53:41 zoning.
07:53:41 So at that meeting I received zero complaints.
07:53:43 And I can put the peoples name on the record and I can
07:53:46 give you their address and they were out on Renellie
07:53:49 Street.
07:53:50 I also sent that to the Beach Park HOA and I didn't hear
07:53:55 anything back from them.
07:53:57 I wanted to proactively outreach.
07:54:00 It's never fun to get into a hearing and not know what's
07:54:02 coming.
07:54:03 Sometimes people hear lot split, I see it all the time in
07:54:06 south Tampa, where I live.
07:54:08 It's like it's going on all the time.
07:54:10 Wanted to show this isn't your typical lot split.
07:54:13 There is some neat stuff going on with the PD planning
07:54:16 the city wouldn't get without it.
07:54:18 So I guess in my conclusion, based on the sound planning
07:54:23 principles of smart growth and using existing
07:54:25 infrastructure that has capacity, additional
07:54:28 environmental protection for the grand oak, this is no
07:54:31 doubt a net positive impact.
07:54:32 My aunt's home that's there literally it has before I
07:54:35 bought it, it's got a blue tarp on the roof.
07:54:37 The tree's limb fell through the roof and there's a blue
07:54:41 tarp on it.
07:54:42 This house is not a historic home.
07:54:44 If it was, we would re-do it.
07:54:46 We would make it nice.
07:54:47 It's got structural issues.
07:54:49 And talking about flooding earlier, it's a foot blow the
07:54:53 elevation now required in that area.
07:54:55 So the Thom there it's generating nothing basically for
07:54:57 the city and it's going to have to go at some point.
07:55:00 This is basically my avenue to have it go and build
07:55:04 something nice that fits the character of the street.
07:55:06 And my direct neighbors, their support and also I'm
07:55:11 representing myself.
07:55:12 I don't have an attorney.
07:55:13 But I talked to some land use attorneys and they've
07:55:17 looked at it or I wouldn't have gone forward with this
07:55:20 with my own personal money.
07:55:21 The competent substantial evidence in support of my case
07:55:24 that I'm providing for this, so with all that being said,
07:55:28 I do appreciate your time this evening.
07:55:30 I'm happy to answer any questions.
07:55:31 Like I said, I had a meeting.
07:55:33 I want to answer anybody's questions.
07:55:35 We have tried to be upfront.
07:55:36 I was the first person in on this zoning, to get the
07:55:39 notices to the neighbors.
07:55:42 We have tried to play it right up the middle.
07:55:44 I just ask for your support on this thank you.
07:55:47 >>FRANK REDDICK: All right.
07:55:47 Any questions from Council?
07:55:49 All right.
07:55:50 Anyone in the audience wish to speak on item number 8?
07:55:53 Please come forward.
07:55:54 Item number 8.
07:55:56 Anyone wish to speak on item number 8?
07:56:03 >> I'm kind of new for this.
07:56:05 [Inaudible]
07:56:16 >> For three additional minutes, is Peggy Curlin here?
07:56:19 Susan Rosa.
07:56:20 And Barbara Hudson?
07:56:22 Thank you very much.
07:56:23 Three additional minutes.
07:56:25 >> Before get started, I have a packet for everybody.
07:56:27 How do I disseminate that?
07:56:30 And how many?
07:56:33 Eight.
07:56:34 >>FRANK REDDICK: You may start.
07:57:09 >> John Hudson, 4427 west Azeele.
07:57:12 I am to the south of this property and slightly to the
07:57:16 east.
07:57:17 Basically it's 25-foot short of being two lots.
07:57:20 The fact that there are two platted lots there is, you
07:57:29 know, there are platted lots all over this neighborhood
07:57:32 at various widths, including 50, including 25, including
07:57:35 20.
07:57:36 So, that being out there.
07:57:37 As far as this goes, typically when I've watched these
07:57:43 hearings, the first thing that they want to do is they
07:57:45 want to take one lot and make it 75.
07:57:48 And then what are you left with?
07:57:50 In this case, you're left with 50.
07:57:51 Well, they can't do 50.
07:57:53 So they're wanting to take and make two nonconforming lot
07:57:56 out of one conforming lot when there's no reason to do
07:57:59 that all of our members and the neighbors that have
07:58:02 contacted a us are vehemently opposed to that.
07:58:05 75 feet has been the rule in this neighborhood for over
07:58:08 20 years.
07:58:09 And they are very happy with it.
07:58:12 Work very well for us.
07:58:13 And I'm going to show evidence of that as we continue
07:58:16 along.
07:58:17 Since the year 2000, every redeveloped lot in this area,
07:58:23 I have calculated and have it in a spreadsheet that I'll
07:58:26 get to.
07:58:26 The average lot size for redeveloped low it in Beach Park
07:58:29 is 93 by 139 and median redevelopment lot was 86 by 130.
07:58:35 Redeveloped lots around the subject have lot frontage
07:58:39 consistent with RS-75.
07:58:42 Basing a decision of creating new nonconforming lots in
07:58:45 RS-75 based on 1920's plats sets a dangerous precedent.
07:58:50 This area has 20, 25 and 50-foot wide lots at various
07:58:54 depths and not just 60.
07:58:56 In addition the development plan in this area in the
07:58:58 1950s was a very small one story home.
07:59:01 Today, the redevelopment is of much larger massive
07:59:06 structures.
07:59:07 That's the reason why the adjoining lots are only 60 feet
07:59:10 and why they're built is because there's a small one
07:59:13 story house there.
07:59:14 Not a large massive two story are house.
07:59:17 And the redevelopment pattern is completely different
07:59:19 than the original development pattern.
07:59:21 And basing the decision on the fact that older homes were
07:59:25 built on nonconforming lots is failing to recognize the
07:59:28 redevelopment pattern.
07:59:29 Quickly going through this, on this street, 213 and 215
07:59:35 south Renellie both followed the rules.
07:59:37 They're both on 90 by 132.
07:59:39 201 and 205 south Taft on the very next street.
07:59:46 Again they follow the rules.
07:59:47 117 south Cooper, one street away, is 80 by 136.
07:59:52 4510 and 4518 west Azeele, a stone throw away from this,
07:59:58 are 130 by 120.
08:00:00 And 98 by 120.
08:00:01 Also on a busy street dealing with these same issues.
08:00:05 And my, for some reason my copies didn't go through.
08:00:08 Of the photos, but 5015 west Azeele street, which is on
08:00:12 the other side of Westshore, notorious cut-through from
08:00:15 St. Pete that go right by this.
08:00:17 I took my life in my hands taking the photo.
08:00:19 This lot was just recently built on.
08:00:22 132 by 105 similar to the subject.
08:00:24 The stucco just went up and it's already are sold.
08:00:27 4647 Beach Park, 130 by 132.
08:00:32 These are others that the photos didn't come through.
08:00:34 But the size of the lots is similar to the subject.
08:00:38 This is to the east of us, where RS-60 is the law of the
08:00:44 land.
08:00:44 And you can see what these homes look like compared to
08:00:47 the ones that we were jaws looking at.
08:00:49 And also look at the distance from an existing home with
08:00:53 nonconforming setbacks next to the 60 is, you know, not
08:00:59 acceptable in Beach Park.
08:01:00 Again, this is not Beach Park.
08:01:02 And this is what this gentleman wants to do.
08:01:05 Not consistent with Beach Park.
08:01:07 And these are all the lots that have redeveloped since
08:01:12 2000 in Beach Park.
08:01:14 You can see there's not a whole lot of 60-foot lots in
08:01:17 there.
08:01:17 If there was already a house on a lot, then yes, it's
08:01:20 grandfathered in.
08:01:22 But we're talking about taking a conforming lot and
08:01:24 making two nonconforming lots out of a conforming lot.
08:01:27 This is just finishes the list.
08:01:29 You guys are welcome to review this.
08:01:31 You can again see the average stat, the average lot size
08:01:35 is 93 by 139.
08:01:38 The median lot is 86 by 130.
08:01:40 And can you see the homes that are being built here are
08:01:43 not the 1100 square foot homes that are on the 60-foot
08:01:47 lots that are around this parcel.
08:01:48 And one thing that wasn't mentioned is that there are
08:01:52 20-foot lots in here.
08:01:56 And there's another plat that's included with your packet
08:01:59 that didn't somehow get on this, but there are 25-foot
08:02:02 lots in an adjacent plat as well.
08:02:06 Here, can you see this is on Azeele just further down,
08:02:10 there are 25-foot lots.
08:02:11 So somebody wants to talk about platted lots that were
08:02:14 platted in the 20s, you know, that's hardly got
08:02:17 anything to do with what's been going on with Beach Park.
08:02:21 I would also like to clarify it's been misstated that
08:02:25 urban thinner, that's actually over on Westshore, the
08:02:28 other side, and the gas station is not at the corner of
08:02:31 Renellie and Kennedy.
08:02:33 The gas station is at the corner of Westshore and
08:02:35 Kennedy.
08:02:35 So it's not right up from a gas station.
08:02:37 You know, I understand the request, but you know, it's
08:02:45 our neighbors feel very strongly that we pay a lot of
08:02:48 taxes for our fair share of having our opinion weighed
08:02:52 in.
08:02:52 Basically we like the RS-75.
08:02:56 Worked very well.
08:02:57 There's not a whole bunch of PDs all over this
08:03:00 neighborhood and we don't want to start going there.
08:03:02 I don't know if anybody has any questions for me.
08:03:05 >>FRANK REDDICK: Any questions from Council?
08:03:07 All right.
08:03:07 Next speaker?
08:03:08 >> Margaret Vizzi, 212 South Sherrill Street.
08:03:16 Six months ago I was here with you, it was brought up to
08:03:26 us the fact that we stood here and didn't pose a PD.
08:03:33 However, they failed to say that both of those lots that
08:03:38 were created were over 76-foot width.
08:03:42 And it was because one lot was smaller and one lot was
08:03:46 bigger.
08:03:47 So when it was broken up, it actually became 75.
08:03:51 We have a great concern.
08:03:54 I guess you understood what he was trying to explain was
08:03:59 that if this becomes the norm, that we can go back to the
08:04:06 old plat, these 25-foot lots now have bigger homes on
08:04:13 them.
08:04:13 But if someone bought it and wanted to say, well, let's
08:04:19 break it up because they were all 25, as we understood,
08:04:24 when that was the case, we all got noticed.
08:04:29 What your property was on became an RS-75.
08:04:32 Therefore, zoning -- an RS-75 zoning.
08:04:39 So there's a big concern, from what we understand,
08:04:45 Council got quite a few emails, whatever they send out
08:04:51 now.
08:04:52 Have you all received those?
08:04:53 From many in the neighbor.
08:04:57 >> Yes.
08:04:57 >> Over 50 or so.
08:05:00 So we just hope that you do realize that there is great
08:05:05 concern with the break-up of these two properties.
08:05:10 These are on a residential street.
08:05:14 And as he brought out, I live on Azeele.
08:05:18 And there's traffic that he's talking about makes it a
08:05:22 commercial street because of all the traffic that goes
08:05:26 back and forth and those, believe me, there are
08:05:30 residences and people are looking for places to live in
08:05:37 the area because it's close to the Westshore District.
08:05:41 It's sizable piece of property.
08:05:44 If they want a yard, they can have it.
08:05:47 One of the things is when they break these up, there's
08:05:51 hardly any yard left, if any.
08:05:54 And many times I know that Council and I think I heard
08:05:58 Abbye say that there were no requests to reduce setbacks.
08:06:04 But that doesn't mean they couldn't go to the DRB and ask
08:06:07 for them.
08:06:09 And that's always a concern.
08:06:11 As far as flooding, what I got on somebody else's
08:06:18 property behind me floods on to mine, [Inaudible] then he
08:06:23 told me, that's a lawsuit.
08:06:25 I had to sue the residents.
08:06:28 City has nothing to do with that.
08:06:29 So the city has to either change their tune or really
08:06:35 stop the overbuilding and the flow of water onto other
08:06:39 property.
08:06:40 But that's just an aside.
08:06:43 Not referring to this property.
08:06:44 >>FRANK REDDICK: We thank you.
08:06:54 >>HARRY COHEN: Miss Vizzi, I just want to ask you because
08:06:57 you're here a lot and you know how this process works and
08:07:00 you're obviously very familiar with it.
08:07:02 There are no waivers associated with this application.
08:07:05 And from my read of the development pattern of the block
08:07:11 that we're talking about, it appears that there are more
08:07:18 lots that are under the 75 than are over.
08:07:22 So, I want to ask you what, what competent substantial
08:07:30 evidence would you offer as to why this should be not
08:07:35 approved?
08:07:37 >> Because of the fact that as they are saying -- they're
08:07:41 telling us now actually and when these neighborhood plans
08:07:45 came about where you could actually, like Seminole
08:07:48 Heights did, for example, we asked long ago to please do
08:07:53 us.
08:07:54 And they said well, you really didn't have to worry about
08:07:57 it because you're R-6 and R 75, so you don't have to
08:08:03 really worry, you know, properties won't be like this
08:08:06 because of the zoning.
08:08:07 Well, of course we were way down on the list, they told
08:08:11 us.
08:08:12 So if I may to the aside ask that Council please put us
08:08:17 next on the list to be studied, because we don't want --
08:08:22 he gave you all the pattern of development in a hundred,
08:08:28 I forgot how many homes.
08:08:30 Since 2,000 have all been built on over 75 feet.
08:08:34 So that's the way that things are developing.
08:08:38 And so to now break up a property is not going according
08:08:42 to what zoning says you're supposed to look at the
08:08:45 pattern of development.
08:08:47 And that's not the pattern of development as to what is
08:08:53 happening.
08:08:59 >>FRANK REDDICK: Are you finished?
08:09:01 >>HARRY COHEN: Yes, I'm done.
08:09:02 >>FRANK REDDICK: Ms. Montelione?
08:09:03 >>LISA MONTELIONE: Thank you.
08:09:03 That was part of the question.
08:09:05 Miss Vizzi, you mentioned something about after we do
08:09:08 this, it could go to Variance Review Board.
08:09:11 >> That's right.
08:09:12 I have asked --
08:09:17 >>LISA MONTELIONE: Miss Vizzi, let Miss Feeley answer the
08:09:20 question.
08:09:21 >>ABBYE FEELEY: A site plan controlled zoning may not go
08:09:24 to the VRB for a setback reduction.
08:09:27 First of all, per your new code, any substantial
08:09:30 modification to this PD would require public notice.
08:09:33 That's number one.
08:09:34 Number two is a reduction in perimeter setback is a
08:09:38 substantial change and therefore may not be considered by
08:09:42 another board.
08:09:46 It just doesn't happen.
08:09:47 It's not allowed.
08:09:49 >>LISA MONTELIONE: Thank you.
08:09:50 >> May say that we have asked about that, I've asked the
08:09:53 city attorney and she said they always have to have a way
08:09:57 to ask.
08:09:58 They may not be granted.
08:10:03 >>ABBYE FEELEY: City attorney in the other room.
08:10:06 >>LISA MONTELIONE: We have changed the code, Miss Vizzi.
08:10:09 Few months ago?
08:10:11 >> I hope so.
08:10:15 >>LISA MONTELIONE: It requires notice for them to come
08:10:17 back for substantial change to the PD.
08:10:20 >> They'd have to come to you.
08:10:22 >>LISA MONTELIONE: Right.
08:10:22 The idea they go to the VRB is not a possibility.
08:10:26 >> Well, I'm glad to hear that.
08:10:28 >>LISA MONTELIONE: This has always been this way.
08:10:30 They've always had to come back to a PD.
08:10:32 The notices is the code the change that we passed a
08:10:35 little while ago.
08:10:36 Anyway, that being said, I don't know who to ask this
08:10:40 question of.
08:10:41 Miss Feeley, since you fill so many shoes, the speaker
08:10:51 provided us with, one of the things Miss Feeley
08:10:56 referenced was the list of properties that were developed
08:10:59 since 2000.
08:10:59 So this is 2016.
08:11:02 So 16 years of property data, there's no trend shown
08:11:08 here.
08:11:09 And I'm not sure if we can accept that, Mr. Shelby -- you
08:11:17 can't, sir, I'm asking questions of staff.
08:11:19 I don't know that we can accept that as substantial and
08:11:24 competent evidence because there's not a trend.
08:11:27 It's just 16 years of data.
08:11:29 It's not showing us anything.
08:11:31 >>ABBYE FEELEY: This is the first time I've seen this.
08:11:33 But he did show you all the lot widths.
08:11:36 I mean, I don't know that a statement was accurate
08:11:38 because there's a 68, a 67, a 65, a 60, these are all
08:11:43 built.
08:11:44 The statement was they were all built on lots larger than
08:11:47 75-foot.
08:11:49 And they're not.
08:11:50 68, 65.
08:11:55 >>LISA MONTELIONE: I couldn't put that on the record
08:11:56 myself because I can't testify.
08:11:58 >>ABBYE FEELEY: I just am looking at it because it was
08:12:00 left on the podium.
08:12:02 You know, anybody who has a lot of record, and we have
08:12:05 gone through this.
08:12:06 We have been through this on Lykes, on parkland.
08:12:09 I mean, I've been processing this applications with you
08:12:12 for over 10 years.
08:12:13 So, anybody who has a lot of record out there has a
08:12:19 buildable lot.
08:12:21 That's why you see the four new builds that I showed you
08:12:25 directly south of that and had, you know, Councilman
08:12:28 Cohen owned lot 18 and Councilwoman Montelione,
08:12:33 Councilwoman Montelione owned lot 17 --
08:12:36 >>HARRY COHEN: Gosh, she who's my neighbor now.
08:12:39 [ Laughter ]
08:12:40 >>ABBYE FEELEY: You two would have buildable lots.
08:12:42 And these lots meet the minimum requirements.
08:12:45 They do not meet the minimum law width.
08:12:49 You used to have the 80% rule and the 80% rule would've
08:12:53 made these buildable lots.
08:12:55 The 80% went away.
08:12:57 You cannot go to VRB for a lot width.
08:13:01 And you cannot go back to the VRB for setbacks after you
08:13:06 go to a site plan controlled zoning district.
08:13:09 I want to be clear on that.
08:13:10 There is a note on this plan that says this may either be
08:13:14 one lot or it could be two lots.
08:13:17 But you cannot vary setbacks to a site plan controlled
08:13:22 development once it is approved by you.
08:13:25 Any change that is one of the substantial change
08:13:29 criteria, the change in perimeter setback is a
08:13:32 substantial change and requires that they come back
08:13:36 before you.
08:13:37 >>LISA MONTELIONE: Thank you, Miss Feeley.
08:13:39 That's all the questions I had, sir.
08:13:41 >>FRANK REDDICK: Thank you, Miss Capin?
08:13:43 >>YVONNE CAPIN: Miss Feeley, your map and his map are
08:13:47 incorrect.
08:13:48 I'll tell you why.
08:13:49 On the corner of royal palm way and Dale avenue, you have
08:13:55 a lot there that is a triangular shape that lot was
08:14:00 divided in two and that was after 2002.
08:14:03 And it's not showing there.
08:14:09 >>ABBYE FEELEY: On mine, I didn't go south of Azeele.
08:14:12 This is my red-blue map.
08:14:14 >>YVONNE CAPIN: Well, this is our backup.
08:14:15 This map is in our backup right here and it does not show
08:14:18 it.
08:14:19 I'm looking at them and I'm thinking, this doesn't look
08:14:22 right.
08:14:24 >>ABBYE FEELEY: On this map.
08:14:26 >>YVONNE CAPIN: This page, page four.
08:14:28 This one here.
08:14:31 >>ABBYE FEELEY: That is the original plat of the area
08:14:34 from 1920.
08:14:37 This was the original plat as the lands were cut up.
08:14:42 >>YVONNE CAPIN: Thank you.
08:14:42 That would make sense.
08:14:44 >>ABBYE FEELEY: So this could have -- is this the one?
08:14:49 >>YVONNE CAPIN: Yes, that is split in two and it happened
08:14:51 after 2000.
08:14:53 >>ABBYE FEELEY: This is how the land was laid out in
08:14:55 1932.
08:14:56 And this is what we use because if you had purchased a
08:15:01 lot in 1932 and you purchased this 60 by 132 and your
08:15:05 family's lived on it all these years, and RS-75 is 75 by
08:15:10 a hundred, you have a buildable lot.
08:15:12 So, that's why we just this to give you a comparison in
08:15:15 the red-blue map as to how the area was actually
08:15:18 developed.
08:15:24 >>YVONNE CAPIN: Okay.
08:15:25 I'm just looking at what they, what was brought up.
08:15:28 But I'll keep listening.
08:15:30 I think there's more public to speak.
08:15:33 >>FRANK REDDICK: Sir, you wish to speak?
08:15:35 >> Yes, I do.
08:15:36 >>FRANK REDDICK: All right, let's go.
08:15:37 >> Mr. Chairman, members of the City Council, my name is
08:15:40 Tom McGinnis.
08:15:42 210 South Westshore.
08:15:44 Backside of Renellie.
08:15:46 After I retired from the Hillsborough County school
08:15:49 system, I was in the process of buying this home.
08:15:52 In fact I moved in there shortly after I retired.
08:15:55 It was an estate sale.
08:15:58 I put a lot of time, evident, money, elbow grease, et
08:16:01 cetera bringing it up to an acceptable standard for the
08:16:05 area.
08:16:06 Since then, well, there was a woman to my immediate south
08:16:11 who had a home in about the same size, about 1800 square
08:16:16 feet.
08:16:16 Good size lot.
08:16:18 She passed away.
08:16:20 The new owner put up a very, very large building.
08:16:26 And since we are 8 feet above mean sea level, it had to
08:16:32 be brought up to the flood plain.
08:16:34 So, I have this huge house next to me.
08:16:39 Very nice people.
08:16:40 You know, very good neighbors.
08:16:41 However, the lot does not support the house.
08:16:46 When it rains, the water has nowhere to go.
08:16:50 Okay.
08:16:52 The last heavy rains we had, the water came up from his
08:16:57 property down my property, around my back, almost ran in
08:17:02 the door to the north.
08:17:04 Ran through the neighbor's yard, went into his home.
08:17:08 And started going to the next guy.
08:17:10 He dug a ditch to drain the water off.
08:17:13 I put in kind of a ditchy thing too.
08:17:16 So that my house would not flood.
08:17:19 Now, I understand, if anything takes up over 75% of the
08:17:25 land mass, because face it, that water has to go into the
08:17:29 ground somewhere.
08:17:29 And if it's not going in on that lot, it's going to come
08:17:32 on my lot.
08:17:33 And think based on the proposal for tonight, up at
08:17:37 Renellie, that water has got to go some place too.
08:17:43 And that's going to come back into the four northerly
08:17:47 lots on Westshore.
08:17:49 Which are below that in elevation.
08:17:52 And I think, I don't want to see my home and the homes of
08:17:56 my neighbors turn into a retention pond for a couple
08:18:01 moneymakers.
08:18:01 Thank you.
08:18:02 Any questions of me?
08:18:03 >>LISA MONTELIONE: Yes.
08:18:04 Have you ever called stormwater division about the issue?
08:18:17 >> No, I haven't.
08:18:19 Hold on just a second.
08:18:20 >>LISA MONTELIONE: No, no.
08:18:21 [talking simultaneously [.
08:18:26 >>LISA MONTELIONE: This isn't a back and forth argument.
08:18:29 >> No, I have not.
08:18:30 >>LISA MONTELIONE: So you heard Miss Feeley before in the
08:18:32 previous application.
08:18:33 It is the responsibility of the builder and the homeowner
08:18:35 to take care of the stormwater on their property and if
08:18:38 they're not, that's when you call stormwater division and
08:18:42 you have our city staff enforce the rule.
08:18:45 It's not up to you to do something to your property to
08:18:48 mitigate for somebody else's.
08:18:50 It's not up to another neighbor to do something to their
08:18:53 property to mitigate somebody else's.
08:18:55 It's up to the City of Tampa to enforce our regulations
08:18:58 upon the people who build.
08:19:00 But if you don't call anybody and this I'm speaking to
08:19:04 the general public out there, if you have a stormwater
08:19:06 problem, which we have all over the city, and you don't
08:19:09 call our stormwater staff and our city to take care of
08:19:13 it, we are not aware of the problem.
08:19:16 >> I have a question for you, ma'am.
08:19:18 Isn't it a requirement to have drainage to carry it away
08:19:22 from a new construction?
08:19:25 >>LISA MONTELIONE: We have construction review division
08:19:28 who follows the Florida building code that regulates site
08:19:32 development.
08:19:33 So every property, whether it's Tampa, Hillsborough
08:19:36 County, anywhere in the state of Florida, there is site
08:19:39 plan control, stormwater, transportation, all kinds of
08:19:45 regulations.
08:19:46 So yes, they have to follow the regulations.
08:19:50 They do it when they permit.
08:19:51 They do it when they inspect during the construction
08:19:54 process.
08:19:54 And if there's a problem afterwards, it's up to somebody
08:19:58 to report that problem so we send out staff to reinspect
08:20:03 and say you're not doing what you agreed to do when you
08:20:06 built this property.
08:20:07 >> All right.
08:20:08 Thank you very much, ma'am.
08:20:09 >>LISA MONTELIONE: You're welcome, sir.
08:20:10 >>FRANK REDDICK: Okay.
08:20:10 Mr. Sierra, anything else you want to say?
08:20:14 >> Yes, sir.
08:20:18 Thank you.
08:20:19 I was just taking notes when everybody was speaking and
08:20:29 just kind of broke it down into a few categories to
08:20:32 address.
08:20:32 If it's okay, am I allowed to ask the first speaker, I
08:20:36 wasn't able to catch his name, may I ask what his name
08:20:39 was?
08:20:41 >>FRANK REDDICK: No.
08:20:42 >> It's okay.
08:20:42 It's part of my discussion I guess.
08:20:44 Big picture from a planning standpoint, I get that we can
08:20:52 expand out Beach Park to the south, it's a beautiful
08:20:55 neighborhood.
08:20:55 I think the key to this property is like was shown,
08:20:58 whether it's a plat or not.
08:20:59 It's a fact, where the property is located, everything
08:21:02 north of it is super dense.
08:21:03 So it's kind of how far out do you go and what are you
08:21:07 looking at from a planning standpoint?
08:21:09 That's why I guess I go back to the Planning Commission
08:21:11 and to the planning staff is, they did the red blue
08:21:15 analysis.
08:21:15 We looked at the comp plan.
08:21:18 Took a walk through, basically nonconforming lot.
08:21:21 Every property touching mine is a 60-foot lot with a home
08:21:25 on it.
08:21:25 So I go, you know, to me it's called confirmation by
08:21:29 psychology.
08:21:30 There's information being thrown out here to confirm and
08:21:32 adverse opinion.
08:21:33 When you've got to look at the whole thing.
08:21:36 So the block, we're right at 50%, how far you want to
08:21:39 calculate.
08:21:39 And the whole area, everything's dense if you go south,
08:21:42 it gets less dense.
08:21:43 That's the way things are planned.
08:21:45 Do you a step down approach.
08:21:46 So that's my response to that I guess how far out do you
08:21:50 go?
08:21:50 You go up to north Tampa, you have acre lots.
08:21:52 At some point you have to say what's our defined area?
08:21:56 I understand and again, I was never contacted by anyone
08:22:00 who spoke tonight or by any HOA in Beach Park.
08:22:03 I sent out a letter and frankly I wish that we could've
08:22:06 talked about it ahead of time because I had people off to
08:22:08 the house.
08:22:09 Everybody that came over lived on Renellie Drive.
08:22:12 No one who spoke tonight lives on Renellie as far as they
08:22:15 stated.
08:22:16 They lived on Renellie, they asked questions and we had a
08:22:20 bold discussion.
08:22:21 We talk about the plan, we talked about whatever, I gave
08:22:24 them the phone number for the city.
08:22:26 So I had that meeting and I get that it sounds like there
08:22:29 was a lot of email.
08:22:30 I never got an email.
08:22:32 My email was on the notice.
08:22:35 It's very hard to get people to come to a meeting after
08:22:37 they go to work all day with their kids and everything
08:22:40 and I was able to do that.
08:22:41 And these were my direct neighbors.
08:22:43 Again I provided their names earlier.
08:22:45 They live literally across the street.
08:22:47 These folks down the street, did I that.
08:22:49 Getting sniped by emails at the last minute frankly, I
08:22:53 don't know what to say.
08:22:54 Nobody emailed me, nobody called me or I would've met
08:22:58 with them.
08:22:58 And the HOA was invited to the meeting.
08:23:00 It was said I wasn't consistent with the plan.
08:23:03 Again, think we have tow look at the professionals versus
08:23:07 folks that are not professional planners.
08:23:09 The professionals say I'm consistent.
08:23:12 The neighbors say I don't and I understand that.
08:23:14 I respect the neighbor's opinion but in this area I think
08:23:17 we have got to, for me rely on the professionals.
08:23:20 Transportation was talked about.
08:23:21 I'm net one new home.
08:23:23 The city's transportation department and the Planning
08:23:25 Commission looked at it.
08:23:27 There's no adverse transportation impact.
08:23:29 The flooding if anything with new development and new
08:23:31 standards it has to be better than it is right now.
08:23:33 The property right now, I don't disagree with the
08:23:36 gentleman.
08:23:36 It's a foot lower than it needs to be based on current
08:23:39 FEMA standards.
08:23:41 So is a fixer upper house somebody buys on the road.
08:23:44 When we come in there and build a home, you know, I
08:23:46 recent being called a moneymaker.
08:23:48 I don't know what the other alternative is.
08:23:51 I'm not a moneymaker.
08:23:52 I'm trying to build a home there.
08:23:53 That to me is very offensive.
08:23:55 That's name calling.
08:23:57 We're going to make it better than it is.
08:23:59 We have to based on current standards.
08:24:00 The last thing I would say is, the gentleman if it was
08:24:04 the president of the Beach Park HOA that spoke, if it's
08:24:07 John Hudson, that's why I asked his name, he lives on
08:24:10 Azeele.
08:24:11 He lives on a 50-foot lot.
08:24:12 His lot and it's in the RS-75, half of Beach Park is on
08:24:19 these lots that are less than the RS-75.
08:24:22 And the gentleman, if he was up here speaking and with
08:24:25 all this data and everything, he's on a 50-foot lot.
08:24:28 You can look at it.
08:24:29 That lot is 36% smaller than what would be required today
08:24:34 and my lot today, besides the front footage is 11 percent
08:24:38 larger than what's required.
08:24:39 So there's literally a 50% difference in the size of my
08:24:42 property versus I think some of the opposition.
08:24:45 So, I don't know, I mean this is really hard to take
08:24:48 because I tried to reach out personally.
08:24:50 I've done everything right.
08:24:51 I noticed early.
08:24:52 This makes sense and I get people don't like it.
08:24:56 But I have to present my case.
08:24:58 Appreciate the Council taking time to look at it.
08:25:01 >>FRANK REDDICK: All right.
08:25:02 Any further questions with Council?
08:25:04 >> Move to close.
08:25:06 >>FRANK REDDICK: Motion from Mrs. Capin, second it by
08:25:08 Cohen.
08:25:09 All in favor of the motion, say aye.
08:25:11 Myself Capin, do you wish to read number eight?
08:25:14 >>YVONNE CAPIN: An ordinance being presently for first
08:25:16 reading consideration, an ordinance rezoning property in
08:25:18 the general vicinity of 203 south Renellie Drive, in the
08:25:22 City of Tampa, Florida and more particularly described in
08:25:25 section 1, from zoning district classification also
08:25:27 RS-75, residential, single-family, to PD, planned
08:25:31 development, residential, single-family detached,
08:25:34 providing an effective date.
08:25:34 With the -- do I have to state that?
08:25:43 The revision sheet between first and second reading.
08:25:47 >>FRANK REDDICK: Got a motion from Miss Capin, seconded
08:25:49 by Mrs. Montelione.
08:25:51 All those in favor of the motion say aye.
08:25:52 Those opposed?
08:25:54 >> Nay.
08:25:56 >>THE CLERK: Motion carried with Maniscalco voting no.
08:26:00 Second reading and adoption on March 3, 9:30 a.m.
08:26:04 >>FRANK REDDICK: All right.
08:26:04 We go back to item number 3.
08:26:14 >>FRANK REDDICK: Before you do that...
08:26:22 Item number three.
08:26:26 Before you do that, just want to make sure anyone came in
08:26:29 after we requested those people who plan to speak to be
08:26:32 sworn in.
08:26:32 If you plan to speak on item number 3, or you're thinking
08:26:37 about it, don't worry, in the next five, 10, 15 minutes,
08:26:41 please stand and be sworn in.
08:26:43 Item number 3.
08:26:54 [Oath administered by Clerk]
08:27:01 >>JULIA MANDELL: As I previously indicated, when this
08:27:04 item was first brought up, this is being brought to you
08:27:07 as a second reading public hearing as a result of a
08:27:10 mediated settlement agreement.
08:27:12 It is a full public hearing.
08:27:13 You are to take evidence and listen to testimony and make
08:27:17 your decision based on competent substantial evidence as
08:27:21 it is placed in the records.
08:27:22 At this point in time I'll turn it back over to the point
08:27:26 where we where are before we waited for a full Council,
08:27:29 which I believe was time for public comments.
08:27:33 Thank you.
08:27:34 >>FRANK REDDICK: Petitioner?
08:27:38 We're restarting.
08:27:49 >> Again, Scott McLaren, 3700 Bank of America tower.
08:27:53 I would just like to state that consistent with the staff
08:27:57 before we believe that this proposal is in the best
08:28:00 interest of everybody involved.
08:28:02 I'd like to reserve the remainder of my time till the
08:28:05 conclusion of the proceeding.
08:28:07 >>FRANK REDDICK: All right.
08:28:07 Thank you.
08:28:07 Anyone in the public wish to speak on item number 3?
08:28:11 Anyone in the public wish to speak on item number 3?
08:28:20 >> Thank you, Mr. Sierra has two names.
08:28:22 Please raise your hands to acknowledge your presence.
08:28:25 Russell Bruno.
08:28:26 Thank you.
08:28:27 And Scott Courtney.
08:28:28 Two additional minutes for a total of five, please.
08:28:34 >> May it place the Council, my name is Michael Sierra.
08:28:37 I'm here representing my son who owns the house at 2909
08:28:43 Heider and as those of you have been on Council all know,
08:28:47 I've represented this neighborhood for over 30 years.
08:28:51 Over 40 years ago, St. Joseph's hospital came in and
08:28:54 purchased my neighbor's homes across the street.
08:28:57 The entire block from, saint Isabel to Lake Avenue.
08:29:00 I've watched them as the kids that played with my kids
08:29:03 moved out with their families and as those hours were
08:29:07 torn down, destroyed and became a derelict lot.
08:29:11 For years we complained about it and finally they took
08:29:13 the rats and snakes and cleaned it out and made it nice.
08:29:16 They've been coming to this Council and your predecessors
08:29:20 for at least 30 years and for at least 30 years I've been
08:29:23 here representing the neighbors.
08:29:25 And please recall that this is a Latino poor
08:29:29 neighborhood.
08:29:30 Their principal asset, the most valuable asset and most
08:29:34 to them is their home.
08:29:36 St. Joseph's Hospital is a multi-million dollar company.
08:29:39 Earns lots and lots of money.
08:29:41 The property across the street from them, across MacDill
08:29:45 Avenue has been available all along.
08:29:48 15, 18, 20 years ago they represented the Council that
08:29:50 they had no place else to go.
08:29:52 They had to infringe into this family neighborhood where
08:29:55 they had no business being.
08:29:57 St. Isabel was always the zone, that's where you stopped,
08:30:01 you don't go beyond that and they just wanted to Pierce
08:30:03 across, somehow they're going to jam through and get
08:30:07 themselves in there.
08:30:07 In fact the property across the street was available to
08:30:10 them all along, is available right now if they want to go
08:30:13 to the Glazers and pay a commercially reasonable price.
08:30:18 They don't want to do that.
08:30:19 They want to take the residential neighborhoods on the
08:30:22 backs of our people who work hard for their money and
08:30:25 take their one asset, their homes, and crush them so they
08:30:28 can do whatever they want with it.
08:30:30 All of you except for one new member has heard these
08:30:34 arguments before.
08:30:34 They've come before you most recently.
08:30:36 Made this presentation, I had more time and gave you more
08:30:40 argument.
08:30:41 I turned over to my esteemed colleague Frank Miranda the
08:30:45 lead on this since I'm an old man.
08:30:48 And he's making just as much money as I have for 30
08:30:51 years.
08:30:51 Zero.
08:30:51 We're representing our neighbors.
08:30:53 We can't afford with St. Joseph does.
08:30:56 If you look around anybody that's come before you, for
08:30:58 St. Joseph's they are all highly paid and they keep
08:31:03 changing laurels.
08:31:04 You got a new one again tonight.
08:31:05 He wasn't here last time and they're going to keep buying
08:31:08 whatever opinions they need.
08:31:09 And you'll recall last time, Mr. Cohen, that you caught
08:31:13 them on one, their expert was saying you take a piece of
08:31:16 lot off, that lots' not part of another lot.
08:31:19 And you told them that's illogical.
08:31:22 Unreasonable.
08:31:23 And you voted with us and we thank you for that.
08:31:25 On another situation, the chairman caught them on a
08:31:29 traffic situation.
08:31:29 You can't inject new traffic into the neighborhood and
08:31:32 say nothing is going to be changed.
08:31:35 Doesn't even take a degree to know that.
08:31:37 It's simple.
08:31:38 We filed a -- they filed their petition for rezoning.
08:31:41 You heard all the evidence, everything else.
08:31:43 They were denied.
08:31:44 Then they went and they said let's do arbitration, let's
08:31:48 do mediation.
08:31:49 Right from the beginning, your city attorney you have
08:31:51 deny -- her position, let's just give up.
08:31:57 Let's give up.
08:31:58 They didn't want us to participate.
08:32:00 They didn't want the neighbors participating.
08:32:02 They came back to you with a settlement.
08:32:04 You turned it down.
08:32:05 You rightfully turned it down.
08:32:07 You did the right thing.
08:32:08 Then they turn around and file a lawsuit against the
08:32:11 city.
08:32:12 And they, the city attorney said, let's come to an
08:32:16 agreement, let's do a settlement without the neighbors
08:32:19 being involved.
08:32:20 The settlement came to you.
08:32:21 You did the right thing.
08:32:22 You turned it down.
08:32:24 Now they're back with the same settlement offer all over
08:32:27 again.
08:32:27 What's the difference?
08:32:28 Since then they've filed a lawsuit and we tried to
08:32:30 intervene, Frank filed a petition to intervene and the
08:32:33 court said no, you can't get involved.
08:32:35 It's only the city and St. Joseph's.
08:32:38 We appealed that.
08:32:38 It's before the appellate court now.
08:32:40 St. Joseph's is supposed to be filing their brief.
08:32:42 And they're not.
08:32:43 Instead they sneak back in here like the serpent coming
08:32:46 in here trying to poison you and let's get this
08:32:49 settlement again.
08:32:50 Nothing has changed.
08:32:51 We're in the same factor.
08:32:53 What the neighbors want you to do is simply let the court
08:32:56 do its function.
08:32:57 Let the court rule on the appeal.
08:32:59 Let's see if the court thinks the people have a right to
08:33:01 be heard.
08:33:02 And if the court allows us to be heard, then no
08:33:05 settlement you can make today would be effective anyway
08:33:08 because it takes all the parties to set it.
08:33:11 What we're asking to you do is do not settle this case.
08:33:14 This could be settled later if the neighbors aren't in,
08:33:17 or if the court rules otherwise, let the courts rule.
08:33:21 You've done your job.
08:33:23 We're proud of you for doing that.
08:33:24 You've done what the people elected to you do.
08:33:28 Don't change your mind and do what St. Joseph's wants you
08:33:32 to do.
08:33:32 We want you to leave it like it is.
08:33:34 Let the court rule.
08:33:35 This has been pending for 40 years.
08:33:37 What's the difference if we wait until two or three
08:33:40 months and let the court rule?
08:33:41 Before it goes back to you.
08:33:43 And therefore, I'm asking you on behalf of the neighbors
08:33:46 and I ask neighbors please stand up, those in opposition.
08:33:49 Let them know what you think.
08:33:51 Thank you.
08:33:51 I'm asking you on their behalf and all the others who are
08:33:55 not able to be here, they work for a living.
08:33:59 Go.
08:33:59 >>FRANK REDDICK: We got your message.
08:34:01 >> Please turn this down, let the court rule and we'll be
08:34:03 back to you then.
08:34:04 Thank you so much.
08:34:07 >>FRANK REDDICK: Anyone else wish to speak at this time?
08:34:15 >>CHARLIE MIRANDA: Honorable Chairman, members, honorable
08:34:18 member of Tampa City Council Charlie Miranda, Lake
08:34:20 Avenue, Tampa, Florida.
08:34:21 You know, there's many hospitals, Memorial Hospital.
08:34:24 Does Memorial Hospital cross Swann Avenue?
08:34:26 Absolutely not.
08:34:28 Does Florida hospital cross Dale Mabry avenue?
08:34:32 Absolutely not.
08:34:33 Well, St. Joseph's not only crosses MLK, it also crosses
08:34:40 Virginia, another block, now they want to go to the other
08:34:43 block, take over between St. Isabel and Lake Avenue.
08:34:46 You know, hospitals when you go back and look at history,
08:34:51 where was St. Joseph's at before?
08:34:54 On Henderson and Florida Avenue, that vicinity.
08:34:56 What happened there?
08:34:57 We're still hoping for the next coming of reconstruction.
08:35:01 Hospitals have a tendency of tearing down neighborhoods.
08:35:06 Why?
08:35:07 Because the neighbors don't keep up their houses.
08:35:09 If you look right at Virginia, not far from what we're
08:35:13 talking at, take a drive from Gomez to Armenia on
08:35:17 Virginia, take a drive from St. Isabel to 2900 block,
08:35:23 Gomez to Armenia, and tell me what you see.
08:35:26 You don't see the same thing what these good neighbors
08:35:29 have.
08:35:30 Every one in this room today has taken care of their
08:35:34 house.
08:35:34 Has added to it.
08:35:35 Has kept it up.
08:35:37 Go look for you yourself.
08:35:39 What you see on those two streets, from Gomez to Armenia.
08:35:43 You don't see the same thing.
08:35:44 Why?
08:35:45 Because it's been little by little eaten up by the
08:35:48 information, I'm sorry, I have a two minute.
08:35:52 Mr. Shelby.
08:35:56 Can you stop the clock for me?
08:35:57 I'm going to lose my two minutes and the minute I got
08:36:01 left.
08:36:14 >>MARTIN SHELBY: Mr. Chairman, Mr. Miranda has a speaker
08:36:16 waiver form.
08:36:17 When you hear your name, please acknowledge your
08:36:19 presence.
08:36:20 Catherine Alexandrina.
08:36:24 And Brock Netter.
08:36:27 Two additional minutes, Mr. Chairman.
08:36:30 >>CHARLIE MIRANDA: Thank you.
08:36:33 I'm sorry, I apologize.
08:36:34 I'm not used to this too much.
08:36:36 [ Laughter ]
08:36:38 >>CHARLIE MIRANDA: Let me say, look at the difference
08:36:40 between those two blocks, what you see on Lake Avenue
08:36:42 from the 2900 block all the way to Armenia.
08:36:45 It's like day and night.
08:36:47 Why?
08:36:47 Not that those people didn't want to keep it up.
08:36:50 But they bought property, they let them run down.
08:36:53 So the next guy says why should I do anything?
08:36:56 Look what I got to live next door to.
08:36:58 We are devaluing, creating a slum.
08:37:01 That's what happens.
08:37:02 When you look around and remember what happened and it
08:37:04 was 1978 this started.
08:37:06 You know, I have all these drafts and everything else,
08:37:10 from 1978 I have them.
08:37:12 When the building was 19,000 square feet.
08:37:16 Then it went to 45,000.
08:37:18 Then it went to 90,000.
08:37:20 Then they wanted 175,000.
08:37:23 1983, the park garage wasn't even built.
08:37:26 It was proposed.
08:37:29 And it was built then.
08:37:31 So St. Joseph's got great doctors, great nurses.
08:37:36 They've had more attorneys than I've had haircuts.
08:37:38 [ Laughter ]
08:37:40 >>CHARLIE MIRANDA: It's getting to be ridiculous.
08:37:41 They don't win, they find this guy, hire another.
08:37:44 They brought them from Miami to Pensacola.
08:37:47 All the experts.
08:37:50 And the problem is the court is going to have to decide
08:37:52 this one way or the other.
08:37:53 We're going to go to court.
08:37:55 A big firm against a little guy with no attorney.
08:37:57 Have one experience over you.
08:38:01 I've been to the Supreme Court.
08:38:03 And won.
08:38:03 In 1972.
08:38:05 Miranda versus Florida.
08:38:08 >>FRANK REDDICK: Mr. Miranda --
08:38:10 >>CHARLIE MIRANDA: I may not have the strength that I had
08:38:14 then.
08:38:15 But guess what I got now?
08:38:17 I got a little money.
08:38:17 And I'm not afraid to spend it.
08:38:19 What the hell am I going to do with it?
08:38:21 Can't take it with me.
08:38:24 Save the neighborhood.
08:38:25 In fact, the sign that I put up, I didn't put them up.
08:38:29 I bought them.
08:38:30 I put up one sign.
08:38:31 Been torn down three times.
08:38:32 This morning at 8:30 I got here, got a call from a
08:38:35 neighbor, all the signs were down in the neighborhood.
08:38:37 I called the city code enforcement.
08:38:40 Did you all pick them up?
08:38:41 I said they mostly were 0 on private property.
08:38:44 They said no 30 minutes later they were delivered to
08:38:48 Nancy's house.
08:38:49 On the corner of Gomez and lake.
08:38:54 How coincidental.
08:38:56 How coincidental that these things happen.
08:38:58 And this isn't in Hispanic.
08:39:01 The signs clearly say St. Joseph's hospital whatever,
08:39:04 anti Hispanic neighborhood.
08:39:06 And I challenge any attorney to tell me that's not a
08:39:08 Hispanic neighborhood.
08:39:10 Anyone.
08:39:12 Let me say another thing.
08:39:13 City hired an attorney.
08:39:16 I forgot his name.
08:39:18 To mitigate this case.
08:39:20 I don't know what happened.
08:39:21 I don't know if you Councilmembers ever seen a report of
08:39:24 a find I have fact.
08:39:26 I wasn't allowed to go into the closed meeting because I
08:39:28 was going to be on this side.
08:39:29 I'd like to see that report.
08:39:31 I want to see the final thing go to court.
08:39:33 I really do.
08:39:34 I appreciate the work that you do not only on this case
08:39:37 but in all cases.
08:39:38 And remember, it's not about me.
08:39:42 They try to make it about me.
08:39:44 It's about the neighborhood.
08:39:45 I don't give a damn what happens to my house.
08:39:47 In fact, I bought another house.
08:39:48 At 4909 Shirley drive.
08:39:52 And I can leave that neighborhood tomorrow.
08:39:54 I bought it in September.
08:39:56 I still haven't moved.
08:39:58 You know what?
08:39:59 I decided not to move.
08:40:01 I decided to fight.
08:40:02 Thank you very much.
08:40:03 >>FRANK REDDICK: Next speaker?
08:40:09 >> Thank you, Charlie.
08:40:10 >> My name is Cynthia Rodriguez, representing 2903 west
08:40:17 Ohio.
08:40:17 I'm here to urge this Council to continue to vote no
08:40:20 against any proposals that bring medical office space and
08:40:23 or parking south of MLK, specifically to this well
08:40:27 established residential community that was there before
08:40:29 the hospital was there.
08:40:31 I know because I lived in it when that hospital was not
08:40:34 there and I remember when that hospital was built.
08:40:36 Why they need 700 spaces in a parking garage is beyond me
08:40:41 because at no time have I ever seen cars parked in the
08:40:45 side, cars parked where they, you know, were run out of
08:40:48 spaces and had to get up into the hospital or whatever.
08:40:52 There has been no issues with parking and I don't know
08:40:55 you can find any on the record.
08:40:57 The Buccaneers actually have been good neighbors to us
08:41:00 because they bought that piece of property, they put up a
08:41:02 fence and they stay on their side of the fence.
08:41:04 They put their little pond there and they keep to their
08:41:07 side and if they wanted to get bigger, they went across
08:41:11 Dale Mabry and went into the parking over there.
08:41:13 I have the unique opportunity to offer you a view of the
08:41:17 northside of MLK because I happen to own one of the
08:41:20 largest parcels north of MLK and Habana where it is zoned
08:41:26 medical office.
08:41:27 And if the gentleman here from St. Josephs needs a ride
08:41:30 down there, there is acres of medically zoned property
08:41:34 that they could use specifically 4600 to park the 700
08:41:38 cars, which at one time St. Joseph's did rent that for
08:41:41 parking and they can park there, there are no cars there
08:41:44 now.
08:41:44 It is acres of land that they can use to park that.
08:41:47 And it is zoned medical office.
08:41:49 It's on five lane street.
08:41:51 It has a middle lane that can turn either way.
08:41:53 Putting 700 car garage in this neighborhood is just
08:41:58 totally incompatible with that neighborhood.
08:42:01 Those two lane streets will not handle 700 cars.
08:42:04 So, I don't know where they think these cars are coming
08:42:07 or going.
08:42:08 I don't know why they think they need 700 more parking
08:42:11 places.
08:42:12 The infrastructure is not there to support 700 other
08:42:15 cars.
08:42:16 We don't have traffic lights.
08:42:17 Those streets don't go anywhere.
08:42:18 They go from Habana.
08:42:20 They go three or four blocks over to another street that
08:42:23 only goes back on to two place.
08:42:25 Two lane Habana and two lane MacDill.
08:42:28 Your real problem there is the school at 2:15, if anybody
08:42:32 has or needs an ambulance, it cannot get by.
08:42:34 That's a problem.
08:42:35 But adding 700 more cars to that is not going to help
08:42:38 anything that's going on in that hospital and there is
08:42:41 plenty of space north of MLK for them to utilize.
08:42:46 It is already zoned medical office for parking.
08:42:48 Thank you for your time and please vote no.
08:42:51 >>FRANK REDDICK: Next speaker?
08:42:53 [ Applause ]
08:42:54 >> Have a waive of people speaking.
08:43:12 At the first reading, I submitted to the court a
08:43:16 transcript of a court hearing and I want to give you
08:43:19 extra to that here.
08:43:54 >> Mr. Miranda has eight names.
08:43:59 If you could just acknowledge that you're present when I
08:44:02 call your name.
08:44:03 I.G. Fonte.
08:44:05 Thank you.
08:44:06 Elsie Betancourt.
08:44:09 Thank you.
08:44:09 Olga Lloyd.
08:44:14 Nancy.
08:44:15 Antoinette brown.
08:44:17 Nelson Fund.
08:44:23 Thank you.
08:44:25 And Lee Greenslade.
08:44:27 If I said that correctly.
08:44:28 I don't see anybody answering to that.
08:44:33 Hector Gregara.
08:44:36 7 additional minutes for a total of ten, Mr. Chairman.
08:44:48 >>FRANK REDDICK: You may start.
08:44:50 >> Frank Miranda, 703 West Swann Avenue.
08:44:53 I represent the residents in this matter.
08:44:55 What I presented to you is, whether you like it or not,
08:45:00 we're in court.
08:45:01 St. Joseph's put us in court.
08:45:03 And what happened is and what's disturbing to the people
08:45:07 here is all we want is fair representation.
08:45:11 We had this smoke and screen, mirrors where the city
08:45:16 hires a private attorney, Brian Bolves, very competent.
08:45:21 I want you to look for a second -- I'm going to jump
08:45:24 around for a second.
08:45:25 I wasn't allowed to intervene in the case.
08:45:28 Which before you is a simple settlement.
08:45:33 Between St. Joseph's Hospital and the City of Tampa.
08:45:36 Everyone was aware I wanted to get in that case.
08:45:39 Okay?
08:45:39 I was denied the right by the trial judge.
08:45:41 I filed an appeal.
08:45:43 Now, if you look at the transcript real quick, on page
08:45:47 21, Mr. Bolves, line 17, when asked if the city has
08:45:54 objective for the citizens to intervene, said he does not
08:45:58 object to intervention by the neighbors.
08:46:00 What he tells the judge.
08:46:01 But Mr. Bolves doesn't call the shots.
08:46:05 So I get precluded from going into litigation and within
08:46:09 30 days, there's a scheduled mediation.
08:46:13 It's held 30 days, pushed through by the city attorney
08:46:18 and lo and behold there's a settlement agreement
08:46:20 presented to you with the same exact terms that you
08:46:22 denied three times.
08:46:24 Three times prior this Council denied the same exact sit
08:46:29 settlement being presently to you today.
08:46:32 And nothing material has changed.
08:46:33 Why hasn't Mr. Mandell instructed Mr. Bolves, who -- is
08:46:39 Mr. Bolves here?
08:46:41 He's not here?
08:46:42 He can't answer the questions for the city, for our
08:46:44 citizens.
08:46:46 He's ironically not here.
08:46:48 Who told him to go ahead and enter into a settlement when
08:46:52 he had no objections to me intervening in the case?
08:46:56 What happen also now if you pass this and the appellate
08:46:59 court, which here is the ruling, okay, St. Joseph's filed
08:47:03 a motion to have the appellate court not have
08:47:09 jurisdiction on this case and send it back to the trial
08:47:11 judge.
08:47:11 How can Mr. Bolves in court say we don't mind
08:47:15 intervention, okay, then later file a motion joining St.
08:47:20 Josephs and doing that, preventing us from an appeal.
08:47:24 What if the appellate court says we want to hear this
08:47:28 case.
08:47:29 Let us talk.
08:47:30 We were shut out of mediation, when everyone knew I
08:47:33 wanted in.
08:47:33 The settlement before you between two parties.
08:47:37 We are three.
08:47:38 They pay tax, just like the people in south of Swann.
08:47:43 We pay taxes.
08:47:44 Why, it's our city attorney not instruct manager Bolves
08:47:48 to do anything?
08:47:49 He didn't file anything in the case.
08:47:50 That's malpractice.
08:47:53 And within days, there's a mediation with the same terms
08:47:56 you denied three times.
08:47:58 We think that's a red flag.
08:48:01 We think that's not fair.
08:48:03 Let it go.
08:48:06 I would encourage you to make a motion to continue this.
08:48:09 Let the appellate court, let them hear us.
08:48:12 You've already decided three times.
08:48:14 Enough is enough for you guys.
08:48:15 Here's another thing.
08:48:17 Anybody out there get notice about this hearing?
08:48:21 Mailed to your house?
08:48:23 [no's from audience]
08:48:25 >> Boy, this sure is an affidavit St. Joseph's filed.
08:48:29 They mailed all these things.
08:48:30 They mailed all these notices.
08:48:32 You're not being told the truth.
08:48:36 For some reason, Mr. Bolves isn't here.
08:48:38 Why isn't he here?
08:48:40 How come he hasn't told you like he's told the court that
08:48:42 I've heard my own ears, that he could win this case?
08:48:46 Have you been told that by Mrs. Mandell?
08:48:51 Have you been provided the opportunity?
08:48:53 I show up at mediation, was asked to leave by St.
08:48:56 Joseph's.
08:48:57 And rightfully so.
08:48:58 But while I was there asked Mr. Bolves, what's that
08:49:01 projector for?
08:49:02 He says I want to show St. Joseph's how I can win this
08:49:05 case.
08:49:05 Have you seen that presentation?
08:49:08 By Mr. Bolves?
08:49:09 This is a winnable case.
08:49:12 Somehow, some way, someone directed, instructed
08:49:17 Mr. Bolves to do nothing.
08:49:18 How did St. Joseph's snow that they were going to reach a
08:49:25 settlement before the mediation?
08:49:29 Highlighted some portions of what the attorney for St.
08:49:32 Joseph's said to the court.
08:49:34 And we're talking about mediation.
08:49:36 Page 21, Mr. McLaren, judge, in terms of the motion to
08:49:41 intervene, generally you know, if the case proceeds to
08:49:44 litigation, we have to lit gait and we can't get the case
08:49:48 resolved at mediation.
08:49:49 I don't anticipate they will have any opposition to
08:49:52 Mr. Miranda's motion to intervene.
08:49:54 However, at this point in time, the case is between the
08:50:00 city and the hospital and I think, I'm very hopeful we
08:50:03 can get it resolved.
08:50:04 And having the neighbors, I mean, you're not parties to
08:50:07 the case yet, but for that reason we would object at this
08:50:10 point in time to intervention by the neighbors.
08:50:13 Turn the page.
08:50:14 Page 25.
08:50:15 Mr. McLaren, talking to the judge, and you know, that's a
08:50:20 public hearing as far as I understand it.
08:50:22 And you know, if Mr. Miranda's clients want to show up or
08:50:25 they want to communicate with their elected
08:50:28 representatives about this proposed settlement, he's
08:50:30 talking about proposed settlement before the mediation 0
08:50:33 curls.
08:50:34 How did that happen?
08:50:35 Let's stop and think about that for a second.
08:50:37 Let's go on to see what he says.
08:50:39 After mediation, then he catches himself, if we could
08:50:43 reach one, that's the appropriate time.
08:50:45 But they're not in the case now.
08:50:47 And you know, if you want to get the case resolved,
08:50:49 judge, I think that involving the neighbors at this
08:50:53 juncture would be counter productive.
08:50:58 That seem fair to you?
08:50:59 Does it seem fair to you that the city attorney hires a
08:51:03 competent lawyer, Brian Bolves, and tells him don't do
08:51:07 anything when he knows he can win the case.
08:51:11 Does it seem fair to you Mr. Bolves isn't here today so I
08:51:15 can question him?
08:51:17 I've asked to talk to Mr. Bolves in the light of day and
08:51:25 been denied.
08:51:25 There's a pending appeal which in my mind you're here for
08:51:32 settlement between two parties.
08:51:33 The appeal is a third intricate party wasn't allowed in
08:51:38 the case.
08:51:39 I can tell you in conversations I've had with the city
08:51:41 attorney, not miss Mandell, but Mr. Bolves, he believes
08:51:48 my appeal is well taken.
08:51:50 But somehow, somehow there is a motion filed that says
08:51:54 he's going to side with St. Joseph's and with the
08:51:57 appellate court to take jurisdiction away from the
08:52:02 people.
08:52:03 And greatly I have denied.
08:52:06 How can you reach a settlement after you think and you
08:52:08 tell a judge, 10, 15 days before the mediation, I don't
08:52:13 care if they come in the deal.
08:52:14 That means intricate, important party isn't part of this
08:52:18 settlement that you're being presented for the fourth
08:52:20 time now.
08:52:21 For the fourth time now.
08:52:25 I can assure you litigation doesn't end tonight.
08:52:27 One way or the other, it does not end tonight.
08:52:31 And the statements, this is best for everybody, does that
08:52:38 ring true?
08:52:39 The reason you denied it for three other times is because
08:52:42 the rhetoric you heard was so full of false accusations
08:52:47 and false promises that you've denied them every time.
08:52:51 How can you claim it's not going to affect traffic?
08:52:54 How can you claim that this settlement is only for
08:52:57 surface parking when it reserves the right to build
08:52:59 vertical?
08:53:00 It's so transparent what they want that you guys have
08:53:03 said, you know what, big corporation, you can't even lie
08:53:07 good.
08:53:07 And you've shot them down.
08:53:10 Why hasn't your lawyer Brian Bolves been here to present
08:53:17 you the same thing he presented at mediation?
08:53:20 I don't think you're being told the whole truth.
08:53:25 I wasn't party of this session.
08:53:27 I want to correct miles.
08:53:28 I wrote two letters to counsel and I don't believe
08:53:30 Mr. Bolves was there.
08:53:32 But I did find out he was there.
08:53:34 I don't know what was talked about.
08:53:35 But I'm betting, I'm betting that no one said Mr. Bolves,
08:53:41 you represent our opinion, can we win this case?
08:53:44 And by you, who we trust, these people trust, can we win
08:53:51 the case?
08:53:52 If no one asked that question, that's legal malpractice.
08:53:56 Maybe not by Mr. Bolves, but someone who directs him to
08:54:00 do so.
08:54:01 How can you lay down on a sword, not protect what you
08:54:05 voted for three times, and turn right around in our faces
08:54:09 and say, this is good for everybody?
08:54:14 Really?
08:54:14 Now, I completely expect that everything when I sit down
08:54:23 is going to be directed at what I didn't appeal and I've
08:54:26 addressed that in my letters to you.
08:54:28 I simply can't appeal everything that they have
08:54:30 manufactured.
08:54:31 Okay.
08:54:31 But it doesn't end tonight.
08:54:33 One way or another, if this doesn't get continued, which
08:54:37 I think it should, for another 90 days, because their
08:54:40 appellate brief is due in probably less than 20.
08:54:42 Let it ride.
08:54:43 The appellate court wants to hear it.
08:54:45 Why are you going to put yourself through this scrutiny?
08:54:49 You denied it three times.
08:54:50 Just continue it.
08:54:51 They can bring it back up later.
08:54:53 You're not being told the truth about what's going on
08:54:55 with this litigation.
08:54:56 Okay.
08:54:57 And Mr. Bolves needs to be asked some serious questions.
08:55:00 >>FRANK REDDICK: Thank you, Mr. Miranda.
08:55:01 All right.
08:55:03 Anyone else wish to speak on item number three?
08:55:06 Anyone else, speak on item number three.
08:55:09 All right.
08:55:10 Petition area?
08:55:18 >> Good evening.
08:55:19 My name is Hector Vagara, 2812 West Lake Avenue and I've
08:55:25 been there 60 years.
08:55:27 I was there before Tampa stadium.
08:55:29 Before the Buccaneers and before St. Joseph's Hospital.
08:55:33 And I'm against them moving in to our neighborhood the
08:55:36 way they're doing it.
08:55:39 >> I'm sorry to interrupt.
08:55:40 You're Hector VAGARA.
08:55:45 >> Did you sign Mr. Miranda's waiver form?
08:55:47 >> No, he didn't.
08:55:48 His wife did.
08:55:49 >> I have eight signatures and one gentleman left.
08:55:52 >> And that left -- I called Mr. VAGARA's name.
08:55:58 >> My wife signed.
08:56:00 She's present.
08:56:02 >> I put down Hector's name.
08:56:04 >> You wrote down his name also?
08:56:06 >> Then you are correct, sir.
08:56:09 >> And per your rules, he's waived his time.
08:56:13 >>FRANK REDDICK: All right.
08:56:13 Sir, you cannot speak.
08:56:15 >>FRANK REDDICK: You can stay, but you cannot speak.
08:56:17 >> I can't hear him.
08:56:19 >>FRANK REDDICK: All right.
08:56:26 Anyone else that did not give their time to speak, can
08:56:32 come forward and speak if you choose to.
08:56:34 Anyone else at this time?
08:56:39 >>JULIA MANDELL: I apologize.
08:56:40 Should have the opportunity as the petitioner to have the
08:56:44 last world.
08:56:45 I'm Julia Mandell, city attorney.
08:56:47 I don't want to be in a position of having to defend all
08:56:51 of the allegations that were made, but do I want to say a
08:56:54 few things.
08:56:55 Mr. Bolves was at the first hearing.
08:56:57 I asked him not to come today.
08:56:59 That was my decision.
08:57:00 And it would've not been appropriate for him to talk
08:57:04 about any part of the litigation on the record.
08:57:08 It is pending.
08:57:10 Whatever happens here happens here.
08:57:12 We know there may be additional litigation.
08:57:14 We will continue with this litigation.
08:57:16 As you know, Mr. Bolves was present as part of the closed
08:57:20 session.
08:57:21 That is public record.
08:57:22 And on the record as a release to that particular issue.
08:57:25 As it relates to our opinion on the case, that is
08:57:28 something that we did have under Florida Statutes of
08:57:34 discussing in the closed session in tenth that this
08:57:36 litigation resolves or alternatively the litigation is
08:57:39 over, those all become a public record and those will
08:57:42 become part of this record.
08:57:43 So that is something you would have the opportunity to
08:57:46 look at.
08:57:46 The only other things that I did want to comment on are
08:57:51 the issue with the intervention.
08:57:54 The judge who sent the city and St. Joseph's to
08:58:00 litigation, which is part of every single civil
08:58:04 litigation, [Inaudible] some form of mediation, did
08:58:09 acknowledge that we had the right to settle the case,
08:58:12 notwithstanding the pending appeal.
08:58:15 Intervenors take not full party status, they take subject
08:58:20 to the two parties to the litigation.
08:58:22 And there is nothing inappropriate about us settling at
08:58:26 this time.
08:58:27 This does not preclude any of the neighbors, any of the
08:58:31 intervenors, so long as they meet whatever standards
08:58:35 there are for filing whatever action they want to file.
08:58:39 And whether or not they can continue for the sake of
08:58:41 argument, we do continue moving forward with the
08:58:44 litigation, they would have whatever rights they have or
08:58:46 don't have depending on how this all resolves itself.
08:58:49 To that issue is something I did look at.
08:58:51 I did discuss with Mr. Bolves in terms of moving this
08:58:53 forward and bringing this to you.
08:58:55 And it's something that we can do.
08:58:57 It is my job as the city attorney and just like my job
08:59:02 when I was the attorney that handle also your zoning,
08:59:05 just like avenue attorney in the city attorney's office,
08:59:08 and if there is a settlement offer that comes to you, it
08:59:11 is our rule to bring that to you and give our best
08:59:14 advice.
08:59:14 That is what I did in this instance.
08:59:17 That is what I did in any other instance, including some
08:59:20 of the previous mediations we have had in this matter.
08:59:24 It is fair to say we have had self mediations.
08:59:27 The neighbors per Florida Statute were involved in some
08:59:30 of those mediations.
08:59:32 Those have been discussed and we didn't have to get into
08:59:35 that again.
08:59:36 These are the offer St. Joseph's made.
08:59:38 We have brought it to you.
08:59:39 And you have the absolute right to look at that and make
08:59:42 whatever decision you think is appropriate on the record,
08:59:45 giving whatever competent substantial evidence in the
08:59:48 record that you find.
08:59:49 Only other thing I did want to note and I think there
08:59:51 might be some little bit of confusion about the parcels
08:59:54 that are south of St. Isabel, north of lake, which are
08:59:59 the subject of the PD, which is in front of you, while I
09:00:04 understand that there's portions -- the portion of those
09:00:08 properties are zoned residential.
09:00:09 A portion of that property is not zoned residential.
09:00:12 It is zoned for medical office uses.
09:00:14 In addition our comprehensive plan policies within, which
09:00:18 are the subject of this area, which do provide
09:00:22 consideration for a medical office use.
09:00:25 So that's been part of the record for a long time but I
09:00:28 just wanted to say so that is part of this record today.
09:00:31 I'm available for any questions.
09:00:34 With the exception of any questions that go directly into
09:00:38 this pending litigation other than procedurally where we
09:00:42 are, which I would be very cognizant of not talking about
09:00:45 on the record.
09:00:46 >>FRANK REDDICK: Any questions from Council?
09:00:47 Mrs. Montelione?
09:00:51 >>LISA MONTELIONE: Thank you.
09:00:51 Excuse the way I sound.
09:00:55 I thought I was battling a cold but apparently my DayQuil
09:01:01 has just worn off.
09:01:02 Because we didn't hear the full presentation by the
09:01:06 applicant of this hearing, which I thought actually we
09:01:09 were going to hear the whole thing all over again from
09:01:12 the beginning.
09:01:12 But I do have my file on the site plan which is the
09:01:19 application.
09:01:20 Hired a couple speakers stalk about St. Joseph's Hospital
09:01:24 and crossing Martin Luther King, Jr. Boulevard.
09:01:28 The property in question, or the part of the parcel in
09:01:33 question from my understanding is not anywhere near
09:01:38 Martin Luther King, Jr. Boulevard.
09:01:39 Is that right?
09:01:42 >>JULIA MANDELL: If you could give me one more minute, I
09:01:44 just want to grab...
09:01:46 >> Property although it is exclusive of the entire
09:02:32 property, adjacent MLK, where we're talking about the
09:02:39 property that has been included within that existing PD,
09:02:43 is the property that is south of St. Isabel and north of
09:02:47 Lake Avenue.
09:02:48 >>LISA MONTELIONE: Right.
09:02:48 So I just wanted, because several of the speakers are
09:02:52 talking about encroachment into the neighborhood and
09:02:55 going, jumping across Martin Luther King, we're not
09:02:58 talking about where the subject of what we're talking
09:03:01 about is the parking lot parcel, that one right there.
09:03:06 >>JULIA MANDELL: That is correct.
09:03:08 >>LISA MONTELIONE: I wanted to see if I remembered
09:03:10 something wrong.
09:03:12 >>JULIA MANDELL: No, that is a correct thing.
09:03:14 >>LISA MONTELIONE: I was also going to ask you about
09:03:16 Mr. Bolves, but you seem to have already explained that,
09:03:19 because he is the person who is representing us in the
09:03:22 litigation, it would not be proper for him to be part of
09:03:27 this hearing.
09:03:30 >>JULIA MANDELL: That is correct.
09:03:30 >>LISA MONTELIONE: Because then he would be fulfilling
09:03:32 two roles and that would not be proper for him to do.
09:03:37 >>JULIA MANDELL: The purpose of this public hearing is
09:03:39 for you to review this site plan and associated zoning
09:03:41 with the site plan and determine whether or not, given
09:03:44 the competent, substantial evidence, is approvable.
09:03:47 If there are specific questions relating to the
09:03:48 litigation, that should not be discussed on the record.
09:03:51 >>LISA MONTELIONE: But ultimately Mr. Bolves takes
09:03:54 direction from you?
09:03:56 Or takes direction from us?
09:03:59 >>JULIA MANDELL: That is very accurately.
09:04:02 He does take direction from me.
09:04:04 But he is a very good litigator and that is why we
09:04:07 brought him in.
09:04:08 As we always do, we defend the decisions that come out of
09:04:11 here and out of any decisions that happen within the city
09:04:13 to the best of our ability.
09:04:15 But if we have a settlement that is appropriate to bring
09:04:18 to you, that is what we do.
09:04:20 That is obligation.
09:04:22 >>LISA MONTELIONE: Although Council has denied this
09:04:24 application before, I have not voted in favor of the
09:04:27 denial.
09:04:28 I have voted in favor of approval of this application
09:04:33 because from a planning perspective and, you know, I'm
09:04:39 going to ask you, is there, under our code, are there
09:04:47 substantial competent evidence presented that would
09:04:53 support a denial?
09:04:55 Because not to testify, but do I have experience in these
09:05:00 matters.
09:05:00 Sitting here for five years.
09:05:04 With a planner professionally, that's why I voted to
09:05:07 approve -- I'll vote to approve again.
09:05:10 Because I can't find a reason to deny.
09:05:21 Compatibility being brought up and whether or not this is
09:05:27 detrimental to the character of the neighborhood but we
09:05:34 have a hospital here.
09:05:35 We have a theme park in my district.
09:05:38 We have other very large venues, whether they be
09:05:42 institutional uses, let me put it that way.
09:05:45 In a lot of neighborhoods.
09:05:47 And those venues sometimes expand and sometimes they
09:05:50 contract.
09:05:51 So, in your counsel to us, I haven't heard anything to
09:05:59 make me change from an approval to a denial.
09:06:02 >>JULIA MANDELL: I'm going to concede this because I
09:06:05 think it is something that's been a part of this record
09:06:08 for a long period of time and is something that we have
09:06:12 to look at in terms of what your governing law is for
09:06:17 this case.
09:06:17 And what the governing law for this case happens to be a
09:06:22 very specific policy within the comprehensive plan which
09:06:24 says, policy 19.8.1, and this is what you are considering
09:06:30 as you consider this zoning or any other zoning for this
09:06:36 specific area, this specific to these parcels.
09:06:41 Permit office development to infill on vacant parcels or
09:06:43 redevelop existing parcels in areas adjacent to St.
09:06:47 Joseph's women hospital from the south right-of-way line
09:06:50 of Martin Luther King Boulevard to the south property
09:06:53 boundary of those lots running south right-of-way line of
09:06:57 St. Isabel Street between Armenia and MacDill Avenue.
09:07:03 That for some period of time there's been this policy in
09:07:05 the comprehensive plan, which relating to this particular
09:07:09 group of parcels, not just one parcel, group of parcels,
09:07:13 is part of your consideration in determining whether or
09:07:16 not this particular request is appropriate and meets your
09:07:21 code.
09:07:21 And so I understand the concern of the neighbors, that
09:07:24 this is not being brought forward for residential
09:07:27 development, but you have to look at it in light of that
09:07:30 comprehensive plan policy.
09:07:31 Which provides that as an opportunity.
09:07:35 >>LISA MONTELIONE: Not that I don't believe you.
09:07:36 Is Mr. Hey still here?
09:07:38 The Planning Commission?
09:07:39 To speak on the comprehensive plan?
09:07:46 Mr. Hey, if you're within hearing of my voice.
09:07:49 Although my voice isn't sounding like it usually does.
09:08:05 >> You had a question concerning?
09:08:49 >> I did, policy 19.8.1 of the comprehensive plan.
09:08:53 Miss Mandell just read it to us.
09:08:56 Can you -- I don't want you to read it again because we
09:09:02 just had it read to us.
09:09:04 But coup you in your professional capacity explain to us
09:09:07 what that means?
09:09:10 >> There's a policy dealing with office, office uses that
09:09:16 support major medical facilities and the comp plan has
09:09:21 highlighted this area that's identified by the boundaries
09:09:25 in this policy, as, as an area that would be supportive
09:09:34 of the hospitals for office-related uses.
09:09:38 Because office uses in the City of Tampa have to be, meet
09:09:44 locational criteria.
09:09:46 Well, this area doesn't meet the locational criteria if
09:09:49 someone wanted to do an office type use.
09:09:52 So this was identified as one way to support our, one of
09:09:58 our major medical facilities in the City of Tampa.
09:10:02 >>LISA MONTELIONE: And typically when we find something
09:10:06 inconsistent or incompatible, it's that we're referencing
09:10:12 the comprehensive plan because our code is, land
09:10:14 development code is cut and dry and black and white.
09:10:18 It doesn't have the room for interpretation as the
09:10:21 comprehensive plan does.
09:10:22 But, the comprehensive plan is saying that this area is
09:10:29 supportive of the hospital.
09:10:30 >> Correct.
09:10:30 Under that policy, yes.
09:10:32 >>LISA MONTELIONE: Thank you very much, Mr. Hey.
09:10:34 >>FRANK REDDICK: Petitioner?
09:10:35 >> Let me ask you, the portion of the comprehensive plan
09:10:46 that you're just mentioning, obviously it has been
09:10:49 changed at some point because this was a neighborhood
09:10:51 there.
09:10:52 The neighborhood used to go, you know, of course I think
09:10:55 many of us that know that area very well, where the Bucs
09:10:59 practice, used to be a dairy farm.
09:11:02 There used to be a lot more things around there, not a
09:11:05 hospital.
09:11:05 And the hospital was contained north of MLK.
09:11:09 The question I have is, when was that comprehensive plan
09:11:12 changed?
09:11:13 Or do you know offhand?
09:11:14 >> The policy?
09:11:15 >>MIKE SUAREZ: That particular policy for this particular
09:11:17 area.
09:11:18 >> It pre-dates me.
09:11:19 So, my understanding it was in the late '80s or early
09:11:23 '90s.
09:11:25 >>MIKE SUAREZ: Late '80s or early '90s, that was
09:11:27 changed in order to allow for it to go south of MLK?
09:11:31 >> Yes.
09:11:32 >>MIKE SUAREZ: Thank you.
09:11:33 >>FRANK REDDICK: Petitioner?
09:11:34 >> Thank you, Mr. Chairman.
09:11:36 >> Mr. Chairman, members of Council, thank you very much
09:11:52 for allowing me to present tonight and thank you for your
09:11:56 careful consideration at first reading.
09:12:02 Respectfully, I don't believe there's been any competent
09:12:05 substantial evidence tonight to suggest that your
09:12:09 decision should be changed, or that you were in any way
09:12:12 incorrect in your prior decision.
09:12:14 I've heard tonight suggestion about perhaps there's a
09:12:22 garage going in.
09:12:22 But a review of the site plan demonstrates there is no
09:12:26 garage.
09:12:26 This is surface parking.
09:12:28 The garage is getting torn down.
09:12:29 There's been suggestions about new traffic.
09:12:33 But actually if you look at the site plan, what is
09:12:36 currently on-site is a medical office, which is a traffic
09:12:41 generator.
09:12:41 That medical office is going to be removed.
09:12:44 So there's actually going to be less traffic generators.
09:12:47 There's no new beds.
09:12:49 There's no new traffic generation.
09:12:51 This is simply surface parking to replace existing
09:12:56 parking garage that is obsolete.
09:12:59 There's been a suggestion tonight that the neighbors were
09:13:05 not allowed to participate in this process.
09:13:08 And in the creation of the site plan and zoning
09:13:13 conditions that would resolve the case.
09:13:16 But very respectfully what happened was, as the lawyers
09:13:22 for the neighborhood have indicated, this site plan was
09:13:26 developed a long time ago.
09:13:28 It was developed in 2012 and 2013.
09:13:31 And the documents I provided to you are the documents
09:13:36 that were submitted to the neighborhood in 2012 and 2013.
09:13:40 Inviting them to the sessions where this site plan was
09:13:46 developed.
09:13:46 In fact, Mr. Sierra showed up at one of those meetings
09:13:49 with his clients.
09:13:50 And these issues were all discussed and this site plan
09:13:53 was developed at that point in time.
09:13:56 So to suggest that the neighbors did not have a voice is
09:14:00 simply inaccurate.
09:14:02 If you look also as Ms. Mandell I believe indicated, this
09:14:09 is a ruling of the honorable Paul Huey, who is the judge
09:14:13 in our case.
09:14:14 As you can see, judge Huey has ruled in an order dated
09:14:20 October 21st of this year, that the October 1st, 2015
09:14:25 appeal to the second district court of appeal of the pro
09:14:29 ported intervenors, that is the appeal Mr. Miranda has
09:14:32 referred to, has no effect upon, and turn to the second
09:14:37 page, the ability of plaintiffs and defendant to enter
09:14:40 into a legally binding and enforcement settlement
09:14:44 agreement.
09:14:44 So that was what Ms. Mandell was explaining to you.
09:14:48 Finally, one thing I wanted to close with is a letter
09:14:55 dated December 10th, 2012, which I've submitted into the
09:15:00 record, from the West Tampa Chamber of Commerce.
09:15:03 And it's from a gentleman by the name of Mark Garcia, who
09:15:10 was board chair at that point in time.
09:15:13 And Mr. Garcia advises, Dear Chairperson Miranda, I'm
09:15:18 writing to advise you the board of directors of the West
09:15:21 Tampa Chamber of Commerce unanimously voted on
09:15:23 December 1, 2012 to support St. Joseph Women's Hospital
09:15:29 application Z-12-49 -- which is this rezoning -- to
09:15:38 rezone certain parcels from residential to accommodate
09:15:41 the development of a surface parking lot.
09:15:44 The chairman of the chamber continues, in the last
09:15:48 paragraph on the first page, in this case our review of
09:15:52 this application indicates that the current land already
09:15:55 has a commercial office building on part, a parking lot
09:15:59 on another parcel and the final parcel is vacant.
09:16:02 We understand that the linear park on the south side of
09:16:05 St. Joe's land will remain and that the parking will be
09:16:09 adequately buffered from the adjacent residential
09:16:12 properties.
09:16:13 It seems to us that the application represents a less
09:16:17 intense use of the current property.
09:16:19 And it appears that the application meets the
09:16:22 requirements of the city of Tampa code.
09:16:25 Next page.
09:16:28 Whereas, this is a proper application that will allow St.
09:16:30 Joe's to operate more efficiently and effectively, we
09:16:34 urge that the Tampa City Council approve this
09:16:37 application.
09:16:38 Respectfully, Mark Garcia, President, West Tampa Chamber
09:16:41 of Commerce.
09:16:41 Since that time, Mr. Miranda, Mr. Sierra are correct, the
09:16:48 proposal has not changed that much but it has changed a
09:16:51 little bit.
09:16:51 We have agreed to provide additional green space for the
09:16:55 benefit of the neighborhood.
09:16:57 We have agreed to record a restriction preventing us from
09:17:03 building anything within 70 feet of Lake Avenue.
09:17:07 We have agreed to landscape that entire linear park,
09:17:11 maintain it and build the sidewalk the full length of the
09:17:15 park.
09:17:16 And so, the only manner in which the proposal has changed
09:17:22 since Mr. Garcia and the West Tampa chamber weighed in is
09:17:26 for the benefit of the community.
09:17:28 So, for those reasons, St. Joe's would respectfully
09:17:33 submit and ask that you approve this application.
09:17:37 Thank you very much.
09:17:41 >>FRANK REDDICK: Ms. Montelione.
09:17:42 >>LISA MONTELIONE: Thank you.
09:17:43 I have a question that is going to seem maybe a little
09:17:48 off from my question typically.
09:17:53 But can you explain why St. Joseph's Hospital has had so
09:17:57 many attorneys?
09:17:59 >> Well, I don't know.
09:18:02 You know, I think that, that first of all, you know,
09:18:07 there are land use lawyers and then there are litigation
09:18:10 lawyers.
09:18:11 And I do a little bit of both, but I do more litigation.
09:18:15 So once the case proceeded to litigation, maybe that's
09:18:19 why they hired me.
09:18:20 I can't be certain why St. Joseph's made the decision to
09:18:27 hire other lawyers.
09:18:28 Can't make certain why they hired me.
09:18:31 But I think that basically --
09:18:36 >>LISA MONTELIONE: Is it unusual?
09:18:38 >> Is it unusual?
09:18:40 >> I don't know that it is over this period of time.
09:18:42 I mean it's been a long time.
09:18:44 It's been four years in this process.
09:18:46 And I don't know the answer to your question.
09:18:49 I wish I did.
09:18:51 >>LISA MONTELIONE: Is it possible that some of the
09:18:52 attorneys aren't with the original firms that they had
09:18:55 hired?
09:18:55 Because I know you folks tend to move around a bit.
09:18:58 >> Could be.
09:18:59 I would be speculate being honestly.
09:19:01 I'm sorry.
09:19:02 >>LISA MONTELIONE: Thank you.
09:19:03 >>FRANK REDDICK: Thank you, sir.
09:19:07 >> Thank you very much.
09:19:08 >>FRANK REDDICK: All right.
09:19:08 Any questions by Council?
09:19:15 >>FRANK REDDICK: I have a motion from Ms. Montelione,
09:19:17 seconded by Mrs. Capin.
09:19:19 All those in favor of that motion, say aye.
09:19:21 Those opposed? All right.
09:19:22 This is second reading.
09:19:23 Who wish to take it?
09:19:25 All right, Ms. Montelione?
09:19:34 >>LISA MONTELIONE: I move an ordinance being presented
09:19:35 for second reading and adoption, an ordinance rezoning
09:19:37 property in the general vicinity of 3030 west Dr. Martin
09:19:40 Luther King, Jr. Boulevard, 4102, 4110 and 4220 north
09:19:46 Gomez avenue, 2902 through 2908 and 20905 through 2907
09:19:52 west Isabel street, 2905 West Lake Avenue and 4201-4215
09:20:00 authority MacDill Avenue in the city of, RS-50
09:20:03 residential single-family to RO residential office, and
09:20:07 PD planned development hospital, medical offices, parking
09:20:10 to PD planned development hospital, medical office,
09:20:13 surface parking providing an effective date.
09:20:14 And any changes that would, there are no changes other
09:20:18 than second reading -- never mind.
09:20:21 Strike the last part, Jim.
09:20:22 >>FRANK REDDICK: All right.
09:20:23 Got a motion from police Montelione.
09:20:26 Seconded by Mr. Cohen.
09:20:27 Please record your vote.
09:20:43 >>THE CLERK: The motion carried.
09:20:47 Pardon me.
09:20:54 I'm not able to view -- the motion carried with Reddick
09:20:57 and Capin voting no and Miranda abstaining.
09:21:02 >>FRANK REDDICK: All right.
09:21:03 Go to item number 9.
09:21:06 >>FRANK REDDICK: Before we start, we're going to take a
09:21:16 five minute break.
09:21:17 [recess]
09:31:23 >>FRANK REDDICK: We're going to call this meeting back to
09:31:25 order.
09:31:26 Roll call.
09:31:28 [Roll Call]
09:31:28 >>CHARLIE MIRANDA: Here.
09:31:30 >>MIKE SUAREZ: Here.
09:31:32 >>HARRY COHEN: Here.
09:31:33 >>GUIDO MANISCALCO: Here.
09:31:35 >>FRANK REDDICK: Here.
09:31:38 >>MARTIN SHELBY: I'm sorry, Mr. Chairman, I'll hold my
09:31:41 question, I'll hold it till a different time.
09:31:44 >>FRANK REDDICK: Item nine.
09:31:47 >>ABBYE FEELEY: Thank you, Council.
09:31:48 Item number international is REZ 16-03.
09:31:52 It's located 103 South Howard Avenue and the request
09:31:56 tonight is from PD, planned development, office business
09:31:59 professional to PD, planned development principal parking
09:32:03 lot.
09:32:04 There's one waive being requested.
09:32:07 And that is to reduce the vehicle use area buffer along
09:32:10 the north from 8-foot to 3-foot with the pavement of fee
09:32:17 in lieu at the time of the permitting.
09:32:19 >> Good evening, councilmembers, David Hey with your
09:32:21 Planning Commission staff.
09:32:23 We are in the central Tampa planning district for this
09:32:28 next case, located within the Courier City Oscawana
09:32:33 avenue.
09:32:34 Between West Kennedy Boulevard and west Cleveland street.
09:32:37 It is located along a mixed use corridor.
09:32:42 The subject site is .15 acres in size.
09:32:46 There are two transit emphasis corridors, proximity to
09:32:51 the site.
09:32:52 And transit is provided up on Kennedy.
09:32:57 On to the aerial, here's the subject site right here.
09:33:03 We have got Kennedy Boulevard running east-west to the
09:33:06 north of the site and here's South Howard Avenue.
09:33:08 The extra space storage facility is directly to the
09:33:13 south.
09:33:13 We have a car wash facility to the north.
09:33:16 There's multi-family residential to the west.
09:33:21 And then the circle K up on Kennedy.
09:33:23 On to the future land use map, the subject site and all
09:33:31 this pink down South Howard is the community mixed use
09:33:35 35.
09:33:36 Adjacent to the site to the north is that urban mixed use
09:33:40 60.
09:33:41 And then we have got some residential 35 and residential
09:33:45 20 off the main corridors.
09:33:48 The proposed planned development would allow for the
09:33:51 development of a primary parking lot with a total of 17
09:33:54 parking spaces.
09:33:55 It would serve a restaurant within proximity to the site
09:33:58 located to the southeast.
09:34:00 The site plan does demonstrate the parking lot is
09:34:04 appropriately buffed and screened, especially to the
09:34:07 adjacent multi-family residential to the west and you all
09:34:11 are aware of this, but within urban areas of the city the
09:34:14 comprehensive plan dolls promote the use of off-site
09:34:16 parking areas to assist in promoting redevelopment and
09:34:20 urban infill.
09:34:21 And the parking lot is located within easy walking
09:34:24 distance to two existing signal crosswalks, so they can
09:34:30 get across the street.
09:34:30 That is also supported in the comp plan.
09:34:35 Therefore, based on those findings and goals, objectives
09:34:37 and policies of the comprehensive plan, Planning
09:34:39 Commission staff finds the proposed plan development
09:34:41 consistent with the Tampa comprehensive plan.
09:34:43 Thank you.
09:34:46 >>ABBYE FEELEY: Thank you, David.
09:34:47 Abbye Feeley, Land Development Coordination.
09:34:50 I wanted to look through my file real quick.
09:34:53 I did bring the original PD that is on this property.
09:34:56 The request before you tonight is to construct a 19 space
09:35:01 parking lot, 17 spaces for cars and two spaces for
09:35:04 motorcycles.
09:35:05 It is a 51 by 130 site, as David mentioned, .15 acres.
09:35:12 And it is on the west side of Howard Avenue.
09:35:15 One lot south of west Kennedy.
09:35:17 It's bordered by Howard to the east, an alley to the
09:35:21 north.
09:35:22 The self-storage to the south, minor auto repair, the oil
09:35:27 change and car wash to the north.
09:35:29 And a series of commercial properties as well to the east
09:35:35 across Howard.
09:35:36 It will have ingress on Howard and egress on the alley to
09:35:40 the west.
09:35:41 Courier City Oscawana property is shown in green.
09:35:58 I'll show you some pictures of the surrounding area.
09:36:02 Circle K is at the southeast corner of Kennedy and
09:36:08 Howard.
09:36:11 DG along that corridor, the Howard corridor with some
09:36:16 PDs for nonresidential uses along that corridor.
09:36:20 Here is a picture of the subject site.
09:36:27 So this is looking west.
09:36:35 This is from the back of the lot looking back east toward
09:36:40 Howard.
09:36:40 Southern boundary of the site.
09:36:46 This is the alley on the north of the site.
09:36:50 This is where that buffer reduction is being requested
09:36:53 from the eight to the three.
09:36:55 This is the alley in the back.
09:36:59 These are the fronts of units on the alley.
09:37:08 This is why the code was changed years ago, so that
09:37:15 principal entries now face a street or an interior court
09:37:19 of some sort.
09:37:24 Look down the alley to the south.
09:37:26 Across Howard to the east.
09:37:29 I'm sure you are all familiar with this intersection.
09:37:35 It is heavily traveled.
09:37:38 Looking southbound on Howard.
09:37:39 Self-storage to the south.
09:37:41 A look north.
09:37:42 This was about 9:30 Tuesday morning.
09:37:45 That is what I have there.
09:37:53 As I said, 19 spaces.
09:37:55 I did provide -- this was a PD and prior to this office,
09:38:03 with access, two full accesses on the alley.
09:38:08 What is being proposed tonight, as you'll see in my
09:38:11 report, it has a community mixed use 35 and would allow
09:38:17 for consideration up to a CG.
09:38:20 In the CG principal parking is an S-1.
09:38:24 So, in your report, you have the S-1 criteria because of
09:38:29 PD never circumstance sun vents those criteria.
09:38:34 I did bring those forward, but since it doesn't qualify
09:38:39 for a CG lot, it went PD to PD to handle both the use and
09:38:42 the special use criteria together.
09:38:44 I mean the lot size and special use.
09:38:47 There are two site plan modifications provided by natural
09:38:50 resources.
09:38:51 In the staff report, those would need to be made in
09:38:55 between first and second reading.
09:38:57 And I did not provide a revision sheet on this one, so if
09:39:01 I could just read those into the record.
09:39:03 That would be to revise the tree survey and overlay on
09:39:07 proposed site plan showing all trees within 20 feet.
09:39:09 There's off site Sabal palm on the southwest and off site
09:39:13 Sabal palm on the south.
09:39:14 Just east of the 29-inch.
09:39:16 And then the existing alley pavement that encroached into
09:39:19 the west property boundary must be removed to meet the
09:39:23 buffer on the west.
09:39:24 Those two changes are made.
09:39:26 Staff did find this request consistent.
09:39:29 >>FRANK REDDICK: Any questions from Council?
09:39:31 Petitioner?
09:39:40 >> Good evening, Councilmembers, Richard Davis, I am here
09:39:44 tonight on behalf of my client downtown social LLC.
09:39:48 I'm accompanied by the managing partner of that entity,
09:39:52 Mr. Aldo Troung, as well as Mr. Allen Murphy from Murphy
09:39:56 LaRocca planning group.
09:39:58 We agree with all the conditions of approval, as staff
09:40:01 has developed them.
09:40:02 We certainly agree with staff's recommendation and review
09:40:05 of the site.
09:40:06 I have but one matter to introduce into the record and it
09:40:09 is Mr. Murphy's assessment, which is entirely supportive
09:40:12 of the conditions as well as the planning conclusions.
09:40:15 Both as to consistency with the comprehensive plan and
09:40:18 compatibility with your land development code.
09:40:21 I would respectfully submit this material into the record
09:40:24 of this matter.
09:40:25 At this juncture, Councilmembers, we are available to
09:40:35 respond to any questions you may have.
09:40:38 And would reserve time to respond to any questions in the
09:40:43 audience if there are any.
09:40:46 >>FRANK REDDICK: Any questions from Council?
09:40:49 Anyone in the audience wish to speak on item number nine?
09:40:53 >> Move to close.
09:40:54 >> Second.
09:40:55 >>FRANK REDDICK: I have a motion from Mr. Miranda,
09:40:57 seconded by Ms. Capin.
09:41:00 All those in favor of the motion say aye.
09:41:02 Opposed?
09:41:03 All right.
09:41:04 Motion to close.
09:41:07 Who did?
09:41:11 [ Laughter ]
09:41:14 >>FRANK REDDICK: That break got to me.
09:41:15 Mr. Maniscalco, number nine.
09:41:18 >>GUIDO MANISCALCO: Thank you very much, Mr. Chairman.
09:41:19 I have an ordinance being presented for first reading
09:41:21 consideration, an ordinance rezoning property in the
09:41:24 general vicinity of 103 South Howard Avenue in the City
09:41:26 of Tampa, Florida, more particularly described in section
09:41:29 1, from zoning district classification PD planned
09:41:31 development office, business professional, to PD planned
09:41:34 development, parking, principal, providing an effective
09:41:35 date.
09:41:37 >> Second.
09:41:38 >>FRANK REDDICK: I got a motion by Mr. Maniscalco,
09:41:40 seconded by miss Montelione.
09:41:42 All those in favor of the motion say aye.
09:41:43 Those opposed?
09:41:44 Okay.
09:41:45 >> Motion carried unanimously.
09:41:47 Second reading and adoption March 3 at 9:30 a.m.
09:41:53 >>FRANK REDDICK: All right.
09:41:54 We go to item number 12.
09:41:56 >> Thank you, Council, item number 12 on your agenda is
09:42:02 REZ 16-07.
09:42:05 Located at 3708 North Armenia Avenue.
09:42:09 The request before you tonight is from PD, planned
09:42:11 development office business professional to PD planned
09:42:15 development -- principal parking and it should also
09:42:21 contain office business professional.
09:42:24 As it's retaining the original PD as one of the options.
09:42:29 >>FRANK REDDICK: Excuse me.
09:42:34 >>YVONNE CAPIN: Just to clear things up.
09:42:35 I serve on the advisory board of the humane society.
09:42:39 I am a nonvoting member and I have no...
09:42:45 >>MARTIN SHELBY: May I inquire?
09:42:48 >>YVONNE CAPIN: Yes.
09:42:49 >> MARTIN SHELBY: You do not have a financial stake in
09:42:51 the outcome of this case either for or against; is that
09:42:55 correct?
09:42:56 >>YVONNE CAPIN: That's correct.
09:42:57 >>MARTIN SHELBY: And you state you're a nonvoting member.
09:42:59 And let me ask you this.
09:43:01 Can you be fair and impartial and base your decision on
09:43:04 the evidence that you hear?
09:43:06 >>YVONNE CAPIN: Absolutely.
09:43:07 >>MARTIN SHELBY: Well then Florida law, in my opinion,
09:43:09 requires you to have to participate and vote.
09:43:12 >>YVONNE CAPIN: Thank you.
09:43:14 >>FRANK REDDICK: All right, you may continue.
09:43:16 >>ABBYE FEELEY: We'll handle the ordinance discrepancy
09:43:19 after.
09:43:21 This property was actually rezoned in 2013.
09:43:26 We rezoned it for a business professional office.
09:43:29 That was located up at the corner of Braddock and Armenia
09:43:34 with a parking lot on in the back.
09:43:38 There was a vacating associated with it also.
09:43:40 The request before you tonight seeks to retain that as a
09:43:43 development option.
09:43:44 But it does seek to request a principal parking lot on
09:43:50 that piece of property.
09:43:51 So your staff report reflects the three waivers that were
09:43:55 previously approved and three waivers that are being
09:44:01 requested per the parking lot request.
09:44:03 The three new waivers are one to reduce the width of the
09:44:07 external sidewalks adjacent to the arterial collector for
09:44:11 the West Tampa overlay.
09:44:12 From six foot to the existing conditions.
09:44:15 I did take some pictures of those.
09:44:17 They look relatively new.
09:44:19 The second is, and they are five foot.
09:44:22 The second is to allow for surface parking without
09:44:25 lighting.
09:44:26 That's also an overlay standard.
09:44:29 This lot will be secured and will not operate I believe
09:44:33 after dark and the last is to reduce the required 8-foot
09:44:39 vehicle use area buffer for the two ADA spaces that are
09:44:43 located adjacent to Armenia from eight foot to five foot
09:44:47 to accommodate the depth of those spaces.
09:44:49 The remaining portion is eight foot.
09:44:52 And for that small portion adjacent to Braddock street to
09:44:56 three foot for the portion adjacent to the vehicle back
09:44:59 out.
09:45:00 I can show you both those areas.
09:45:07 >> Good evening, Councilmembers, David hey with your
09:45:10 Planning Commission staff.
09:45:12 Losing my voice.
09:45:13 Excuse me.
09:45:14 We are in the central Tampa planning district for this
09:45:17 case.
09:45:18 More specifically the West Tampa urban village.
09:45:21 We are at the southwest corner of the intersection of
09:45:24 north Armenia Avenue and west Braddock street.
09:45:27 It is classified as a mixed use corridor village.
09:45:30 It's a .35-acre subject site.
09:45:35 North Armenia Avenue is a transit emphasis corridor, as
09:45:39 identified within the comprehensive plan.
09:45:40 We'll move on to the aerial.
09:45:44 The subject site is right here.
09:45:46 Here we have north Armenia avenue.
09:45:48 We have west Tampa Bay Boulevard.
09:45:52 We have the humane society right here.
09:45:54 We have got Gulf fabric in this building.
09:45:57 The Marina club.
09:45:59 And then there's some commercial office, all along the
09:46:04 north Armenia Avenue corridor.
09:46:06 And then as you go back into the neighborhood, it becomes
09:46:08 single-family detached with some duplex.
09:46:12 On to the future land use map, the front part of the
09:46:19 subject site and all the properties south of Tampa Bay
09:46:23 Boulevard going down on North Armenia Avenue are all that
09:46:27 community commercial 35.
09:46:29 Represented by the red.
09:46:31 The back part of the site and all the residential parcels
09:46:38 in the back are all at that residential 10 future land
09:46:42 use category.
09:46:43 We have some residential 35s, some residential 20.
09:46:46 And also some community mixed use 35.
09:46:50 The site plan does demonstrate that the parking lot will
09:46:55 be appropriately buffered and screened from the adjacent
09:46:59 single-family detached residential uses located to the
09:47:01 west and southwest of the subject site.
09:47:03 Also, policy direction and the plan regarding standalone
09:47:08 parking areas, they are encouraged to promoting
09:47:14 redevelopment and urban infill.
09:47:16 And as the area continues to intensify, the pedestrian
09:47:19 circulation system within an area should be reviewed to
09:47:23 ensure that potential conflicts between pedestrians and
09:47:26 motor vehicles are minimized.
09:47:29 The Planning Commission staff is aware that the applicant
09:47:32 has worked with City of Tampa staff and will be dealing
09:47:36 with that pedestrian connectivity issue in their
09:47:40 presentation.
09:47:41 So therefore, based on those findings and the goals,
09:47:44 objectives and policies of the comprehensive plan,
09:47:46 Planning Commission staff finds the proposed planned
09:47:48 development consistent with the Tampa comprehensive plan.
09:47:51 >>FRANK REDDICK: Ms. Montelione?
09:47:53 >>LISA MONTELIONE: Thank you.
09:47:53 So in the staff report on page three, it has
09:47:58 transportation inconsistent site plan modifications and
09:48:02 it says that transportation plans and site plan
09:48:04 inconsistent with the Tampa comprehensive plan policies
09:48:07 below.
09:48:08 So, I'm thinking that there have -- there's a site plan
09:48:14 modifications that are going to be made.
09:48:19 >> I haven't done my presentation yet.
09:48:21 Actually I'll let Melanie Callaway address that.
09:48:26 If I can finish my presentation and show you the
09:48:29 pictures.
09:48:31 Maybe we could get to that part.
09:48:33 The request before you tonight at 3708 North Armenia from
09:48:44 PD to PD is to allow for either the construction of the
09:48:50 3,000 square foot strip shopping center with retail
09:48:53 professional office as approved in 2013.
09:48:56 Or the 31 space principal parking lot with ingress and
09:49:00 egress on west Braddock.
09:49:02 And the lot will be secured when not in use, as I just
09:49:05 mentioned.
09:49:06 The zoning atlas as you see, it is PD.
09:49:13 That's what it was in 2013.
09:49:15 Again, on this one with the split land use, they have the
09:49:20 CC 35, they could've gone back to Euclidean district but
09:49:23 it wouldn't have addressed keeping the existing
09:49:26 entitlements or addressing the parking lot.
09:49:28 Here is the site.
09:49:31 Show you some pictures of the site.
09:49:36 Here is the subject property.
09:49:40 Here is the subject property from Braddock.
09:49:51 Look down Armenia.
09:49:55 The site plan immediately adjacent to the property as
09:49:59 well.
09:50:00 Look down Braddock.
09:50:02 This is adjacent, headed west on Braddock.
09:50:06 Immediately north of this property, there is a parking
09:50:12 lot for I believe the West Tampa sandwich shop.
09:50:17 It's signed that way.
09:50:18 Not exactly sure.
09:50:21 There's also a bus stop right behind that truck.
09:50:24 Hart was out there changing out the advertisements the
09:50:27 day I was out.
09:50:29 A look north on Armenia.
09:50:31 Across the street.
09:50:34 And Gulf fabrics.
09:50:40 A look south on Armenia.
09:50:43 It appears the city just put on some on-street parking
09:50:46 and re-striped the bike lanes.
09:50:48 In relation, there are some modifications that will need
09:51:03 to be made to the site plan if it is the pleasure of
09:51:05 Council.
09:51:05 There is an inconsistent finding by transportation.
09:51:09 Melanie Calloway is here this evening to discuss that
09:51:11 finding with you.
09:51:12 So I will defer to her and her presentation.
09:51:28 >> Melanie Calloway, planning division.
09:51:31 Yes, we had an inconsistency in the, on the plan but I
09:51:35 have been working with the petitioner and he has worked
09:51:38 out that they're going to provide some funding for the
09:51:42 pedestrian crosswalk.
09:51:43 So it's going to be safe and transportation has agreed to
09:51:46 also put in funding as a joint together project.
09:51:50 So they can actually provide for them.
09:51:54 Then I talked to transportation today and asked them
09:51:56 about the street lighting, concerned it's a little dark
09:52:01 there.
09:52:01 There's a street light but note that strong a wattage.
09:52:04 So I've looked through our bright lights safe nights
09:52:07 program, they already had it planned but I asked if
09:52:11 they'd be so kind to move up the project, so they are
09:52:14 looking in maybe August, September to be able to provide
09:52:17 that increase in lighting in that area.
09:52:19 So it would be brighter.
09:52:21 So that would help too.
09:52:23 Well, it will be there.
09:52:24 Then the crossing should be in there by the end of the
09:52:26 year, we are hoping.
09:52:28 So the petitioner did agree to provide funding for that.
09:52:31 And I told him about the lighting too.
09:52:33 >>FRANK REDDICK: Mr. Miranda?
09:52:36 >>CHARLIE MIRANDA: I just have a couple of questions.
09:52:37 First of all, Armenia, that's a city or county road?
09:52:40 >> It's a city road.
09:52:42 >>CHARLIE MIRANDA: Armenia is a city road?
09:52:46 >> At that location.
09:52:47 >>CHARLIE MIRANDA: How come the county is the one that
09:52:49 did the paving?
09:52:50 >> Okay.
09:52:51 They might do maintenance of it.
09:52:53 But as street lighting, it is the city.
09:52:55 >>CHARLIE MIRANDA: No, I'm talking about the crosswalk
09:52:57 over the street.
09:52:58 >> Okay.
09:53:00 >>CHARLIE MIRANDA: Crosswalk, you said -- how much
09:53:03 funding?
09:53:05 Why are we asking to do a crosswalk there?
09:53:10 >> Because -- let me explain.
09:53:12 The code says that for a street, for a parking lot that
09:53:16 is for required parking, required parking for a project,
09:53:21 they have to provide a safe, direct pedestrian, safe
09:53:26 direct lit pedestrian --
09:53:29 >>CHARLIE MIRANDA: What does that mean?
09:53:30 >> That means that it has to be a sidewalk with a safe
09:53:35 crossing across the street.
09:53:36 We consider a safe crossing a designated crosswalk.
09:53:39 But if you look at the location of this property, it's
09:53:43 actually -- this is a one-way street, that's two lane,
09:54:00 one way street.
09:54:01 It's not safe for people to just cross mid block with no
09:54:04 type of something to help them cross.
09:54:08 >>CHARLIE MIRANDA: I'm not trying to give you a hard
09:54:09 time.
09:54:10 What is a safety?
09:54:11 Tell me what it is.
09:54:13 >> It is a sidewalk or pedestrian path, meaning something
09:54:16 that is on the side of the roadway, it doesn't always
09:54:20 necessarily have to be paved.
09:54:22 It can be grass area.
09:54:23 But it has to meet the minimum requirement of a sidewalk
09:54:26 and recovery area, which is 7 and a half feet.
09:54:29 >>CHARLIE MIRANDA: Are you talking about a sidewalk on
09:54:30 their property, on Braddock and Armenia, is that what
09:54:33 you're telling us?
09:54:34 >> I'm saying a sidewalk for a pedestrian to safely go to
09:54:36 designated crosswalk to cross the street and come back.
09:54:40 >>CHARLIE MIRANDA: Would is a designated crosswalk?
09:54:42 Something painted on the road?
09:54:44 >> Yes.
09:54:44 Those are crosswalks.
09:54:47 >>CHARLIE MIRANDA: That's going to save a life?
09:54:51 >> Yes, sir.
09:54:52 We hope.
09:54:53 >>CHARLIE MIRANDA: I learned something today.
09:54:57 Paint saves lives.
09:54:58 Loath me fell you about Armenia Avenue.
09:55:03 They speed from there, 40, 50, 60 miles an hour.
09:55:07 See it all the time.
09:55:08 That ain't going to save anybody.
09:55:10 Car going to hit you whether it's painted on the street
09:55:13 or not.
09:55:14 People have to look -- it's a one way.
09:55:17 All you got to look is one way.
09:55:19 And they won't do it.
09:55:20 But, thank you very much.
09:55:26 >>FRANK REDDICK: Petitioner?
09:55:27 >> Good evening, Council.
09:55:31 My name is Morris Massey, 101 East Kennedy Boulevard here
09:55:35 in Tampa here on behalf of humane society of Tampa Bay.
09:55:39 Also on the board.
09:55:40 We have here tonight shear cook executive director of the
09:55:43 humane society, Laura Cayden on the board and several
09:55:46 other people associated with the humane society.
09:55:48 I would like to give Council a little bit of background
09:55:51 why we are coming forward with the zoning request,
09:55:54 seeking principal parking lot at this location.
09:55:56 As many of you probably are aware, our shelter is located
09:55:59 at 3607 Armenia.
09:56:02 And it's been there probably for a hundred years.
09:56:04 The facility there, we're one of the oldest charities in
09:56:07 town.
09:56:07 We have been in West Tampa for about a hundred years.
09:56:11 The facility, shelter there is at least 60 years old.
09:56:15 It's a busy place.
09:56:17 We have maximized it to maximum potential.
09:56:21 But we are now in the planning stages of possibly
09:56:24 building a new shelter at that location.
09:56:26 The board would like to stay in West Tampa.
09:56:28 We also recently built in 2012 a medical clinic at 3809
09:56:32 Armenia which is one block north of Gulf fabrics.
09:56:38 In between the shelter and the medical clinic facility we
09:56:41 opened in 2012.
09:56:42 Because it's such a busy place, parking has always been
09:56:47 an issue.
09:56:48 We lease parking spaces from our neighbor Gulf fabrics.
09:56:52 They've been kind enough to lease it.
09:56:54 Obviously it's a lease hold, not something we have under
09:56:56 total control.
09:56:57 If we did go forward with building a new shelter, it is
09:57:02 going to exacerbate the parking issue.
09:57:06 When this property became available, it seemed to be a
09:57:08 logic Cal way to dealing with parking issues.
09:57:12 We're looking at it primarily for employee and volunteer
09:57:15 parking, which it's primarily during the day.
09:57:19 We're open primarily during daylight hours.
09:57:21 There are times when, like this time of the year when it
09:57:24 gets dark earlier, where there maybe cars there after
09:57:27 dark.
09:57:28 But primarily it will be open only during daylight hours.
09:57:31 It will be secured and gated after that.
09:57:33 So that is the rationale behind why we're asking for this
09:57:39 rezoning.
09:57:41 We worked hard with staff to address as many concerns as
09:57:44 we can.
09:57:44 Relative to transportation, which was the primary
09:57:47 objector, Miss Callaway came up with a series of
09:57:51 improvements that she's recommending at Braddock and
09:57:54 Armenia, which includes the pedestrian flashing lights
09:57:57 that you've seen in town, painted crosswalks and ADA
09:58:02 compliant ramps.
09:58:03 Those are very expensive improvements and we are not for
09:58:06 profit.
09:58:07 But our board did take a electronic vote last night and
09:58:09 the majority voted to contribute $15,000 toward those
09:58:14 improvements with transportation funding the rest.
09:58:17 And we're agreeable to adding conditions to the site plan
09:58:20 to address that.
09:58:21 We're also agreeable to making revisions that staff has
09:58:23 noted in their report as well.
09:58:25 Relative to the lighting issue, we appreciate
09:58:28 Miss Callaway reaching out to TECO and bright lights
09:58:31 program.
09:58:32 Again, it's going to be primarily used during daylight
09:58:34 hours and secured after that.
09:58:36 I've also gone around, looked at the parking lots in West
09:58:39 Tampa area.
09:58:40 Very few are lighted actually at this point in time.
09:58:43 In fact if you look at a city parking lot on Howard
09:58:46 Avenue, teaching tools, how are you going to put this up?
09:58:50 There is no lighting, no pavement, no landscaping,
09:58:55 nothing.
09:58:55 So we feel like we are trying to comply with the bent of
09:58:59 the code in West Tampa overlay, agreeing to landscaping,
09:59:03 agreeing to pay the drive aisles and put gravel in for
09:59:07 the parking spaces except for the handicapped, which will
09:59:09 be paved and complying with the public works standards
09:59:12 for parking lots.
09:59:16 Again we think this merits your approval.
09:59:16 I think Sherry Silk would like to say a few words to you
09:59:19 as well.
09:59:21 That concludes our presentation.
09:59:24 >>FRANK REDDICK: Mr. Miranda?
09:59:25 >>CHARLIE MIRANDA: I'm not looking to say anything, but
09:59:28 just that photo that I saw that turned my stomach inside
09:59:31 out.
09:59:31 We make other people do what we want to do but we
09:59:34 ourselves don't make do with what we make them do, even
09:59:37 though that's the law.
09:59:38 That's why individual like Bernie Sanders and Donald
09:59:41 Trump are gaining so many votes.
09:59:43 >>FRANK REDDICK: Talking about us tonight.
09:59:49 >> Good evening, Sherry Silk, CEO of the Humane Society
09:59:53 of Tampa Bay.
09:59:55 We're excited about building a new shelter.
09:59:57 We need this parking lot for our employees and staff
10:00:00 only.
10:00:00 Will not be used by the public.
10:00:02 We're going to make the improvements of the parking lot.
10:00:05 But frankly, $15,000 and we'll agree to do it if you
10:00:10 agree that we should do it.
10:00:11 But that's a lot of money for a non-profit.
10:00:14 We took in 1800 stray animals.
10:00:16 I reported on a couple weeks ago.
10:00:18 Mostly from residents of City of Tampa.
10:00:20 We have absorbed that cost of medicine, taking care of
10:00:23 them and spay neuter.
10:00:24 It's just a lot of money.
10:00:25 If there's any way we could reduce that amount as a CEO,
10:00:29 I would be very happy.
10:00:30 So that those donated dollars go to help directly to
10:00:33 animals rather than what we're talking about.
10:00:36 But if you so deem we need to do it, we'll be happy to do
10:00:39 it because we really, really need this parking lot for
10:00:42 our new building.
10:00:44 >>HARRY COHEN: I'm very uncomfortable with the idea of a
10:00:47 non-profit having to pay us money as part of this
10:00:53 approval.
10:00:56 It just doesn't feel right to me.
10:01:04 >>REBECCA KERT: From a legal standpoint, maybe I can help
10:01:08 kind of frame the issue that's before you.
10:01:11 Because it's not appropriate to look at who is the intent
10:01:13 that's applying for it from a land use perspective.
10:01:16 But what you have before you is not required parking.
10:01:20 This is optional parking.
10:01:22 What you have before you is a report from your, from the
10:01:26 planning transportation people who have pointed out some
10:01:30 comp plan provisions, with pedestrian safety, that they
10:01:34 feel is a concern and they are saying that in their
10:01:39 opinion, there may be a conflict between those Koch plan
10:01:42 provisions and this.
10:01:45 And what's before you.
10:01:46 You all have the ability to determine that what is
10:01:49 proposed to you without any additions is in compliance
10:01:52 with the comp plan.
10:01:53 That's totally within your purview and therefore, you
10:01:56 wouldn't have to have that added condition.
10:01:58 But I would caution you from waiving it if you think it's
10:02:03 needed for one entity versus another entity based upon
10:02:07 who that entity is.
10:02:08 But you do have the ability to pass this without that
10:02:10 added, because you all are the ones who determine whether
10:02:14 or not this is in compliance with the comprehensive plan.
10:02:19 >>HARRY COHEN: Well, I just had to rethink that.
10:02:26 >>FRANK REDDICK: Mr. Miranda?
10:02:27 >>CHARLIE MIRANDA: Thank you Mr. Chairman.
10:02:28 Long time ago before it was an empty lot, way before, it
10:02:32 was an old dilapidated car automobile repair shop there.
10:02:37 More cars went in and out of that garage that are going
10:02:40 to come out of this parking garage.
10:02:42 Armenia hasn't changed.
10:02:46 Speed still was the same.
10:02:49 And now in essence, in my opinion, we're going to hold up
10:02:53 somebody to put something that we should've done a long
10:02:56 time ago.
10:02:57 If there is a problem closing the street, put them
10:03:01 everywhere.
10:03:01 You know what?
10:03:02 I've been going to see Dick Greg co a couple times.
10:03:06 I travel Fletcher at night.
10:03:08 A lot of blinking lights like they said.
10:03:11 They don't use them.
10:03:13 I almost hit one guy two times.
10:03:15 Because he was in the street waving his hat that he
10:03:18 wanted to cross the street, between the two things.
10:03:20 All he had to do was walk to where that painting is and
10:03:23 cross.
10:03:24 But he wouldn't do it.
10:03:25 And like me, I've seen many others do it.
10:03:29 You know, we invent things for safety.
10:03:32 Make everybody go 25 miles an hour, you ain't going to
10:03:38 have no accidents.
10:03:39 Of course you ain't going nowhere either.
10:03:41 But people got to learn how to look where they're going.
10:03:44 I feel like I'm holding up somebody to get their zoning.
10:03:50 And I don't like it.
10:03:51 I really don't.
10:03:54 >>FRANK REDDICK: Ms. Montelione?
10:03:56 >>LISA MONTELIONE: So, you know, I have mixed feelings
10:03:59 here.
10:04:00 We're number two in the nation for pedestrian deaths.
10:04:04 So whether we bear the cost or somebody else bears the
10:04:07 cost or the person cross the street bears the cost or the
10:04:10 person driving the cost who hits the person crossing the
10:04:14 street bearing the conscious, we're killing 52 people a
10:04:17 year on our streets, somebody is paying the cost.
10:04:20 So, you know, we have needs for pedestrian safety all
10:04:29 over the city.
10:04:30 And you know, I would previous to see the pedestrian
10:04:36 improvement.
10:04:38 If TECO is going to put the bright light safe nights,
10:04:42 that's not going to be a cost.
10:04:44 They're going to bear the cost of putting that in,
10:04:46 correct?
10:04:47 The City of Tampa is going to bear the cost of putting
10:04:50 that in.
10:04:51 So, I'm always going to side on putting in the safety
10:04:58 measures because I don't want to see a life lost,
10:05:01 especially if these are employees of yours, you don't
10:05:05 want to see a life lost.
10:05:06 And even though, you know, it's going to be mostly used
10:05:10 during the day, I'm sure there's going to be an occasion,
10:05:13 especially daylight savings time, it's going to be dark
10:05:16 when somebody goes to that parking lot.
10:05:19 So I'm always going to say do what we can for pedestrian
10:05:22 safety because we can't afford to lose another life.
10:05:25 >>FRANK REDDICK: Mr. Cohen?
10:05:28 >>HARRY COHEN: You know, I don't want to get too down in
10:05:32 the weeds of it.
10:05:33 But I don't -- I object to the language we are killing
10:05:36 people.
10:05:36 I think that's a little bit -- I think that's a little
10:05:41 bit -- it's not fair to blame it all on the government.
10:05:49 The fact of the matter is, as was said earlier
10:05:54 [Inaudible] --
10:05:55 >>HARRY COHEN: As a society we have a lot of people who
10:05:58 aren't paying attention to where they're going.
10:06:00 And that is a big problem.
10:06:02 And we can all tell stories, we can all tell stories on
10:06:06 our way to and from here every day of all the people we
10:06:09 see that are wandering out into the middle of the street
10:06:11 looking at their phone instead of paying attention to
10:06:15 what's going on with the traffic.
10:06:17 And the same is true of people in cars and people on
10:06:20 bicycles.
10:06:20 I just -- I was struck by Councilman Miranda's comment,
10:06:25 is it fair to make somebody else pay for what we
10:06:29 ourselves should be doing as a government?
10:06:31 And you know, I respect what Miss Kert said earlier, that
10:06:40 our evaluation here is really about whether or not this
10:06:43 fits in with the Koch plan or not.
10:06:45 And perhaps we other to bring the discussion back to
10:06:48 that.
10:06:49 But the larger philosophical question of asking whether
10:06:55 it's the private sector or non-profits or private
10:06:58 citizens to pay for the improvements that we as a
10:07:01 government, that we as a community should be making, that
10:07:05 we should have the political will to make, I think that's
10:07:09 a, that's a tough question.
10:07:14 >>CHARLIE MIRANDA: Chairman, just -- I apologize for
10:07:16 taking three bites at a small apple.
10:07:18 This parking lot where we park at, when you go out this
10:07:22 late, Florida Avenue, can anybody raise their right hand
10:07:26 and swear that they can see left, people walking on the
10:07:29 sidewalk or bicycles coming?
10:07:32 The answer is no.
10:07:33 All we have to do is put a mirror so you can see the
10:07:36 traffic coming.
10:07:37 You can't see the people running or walking.
10:07:39 I tell you I almost hit a guy the other day coming out of
10:07:43 this lot.
10:07:43 And I was stopped.
10:07:44 There's a sidewalk, there's a corner building and you
10:07:48 cannot see left.
10:07:49 I don't care who you are.
10:07:51 You just can't do it.
10:07:53 We give money in different forms.
10:07:56 Big development, get big money from TIFs.
10:08:00 Little people get something called riff.
10:08:06 That means we talk about it but don't give them nothing.
10:08:10 And that's what it's all about.
10:08:12 Thank you.
10:08:12 >>FRANK REDDICK: All right.
10:08:13 Any questions, comments from Council?
10:08:15 Anyone in the audience wish to speak on item number 12?
10:08:20 >> I just want to clarify something.
10:08:23 Melanie Calloway from planning.
10:08:27 This is principal parking lot.
10:08:29 This can't have a sign on it.
10:08:31 This is not the required parking.
10:08:33 What happened is when it's their required parking
10:08:35 according to code, they have to provide that safe
10:08:38 pedestrian passage.
10:08:40 The way to doll that is to put in the crosswalk.
10:08:43 When they put in an expansion and this parking lot
10:08:46 becomes required parking, they will have to put in that
10:08:49 crosswalk at their entire own cost.
10:08:52 At this time, it's not required.
10:08:56 But for safety of their employees and the safety for
10:09:00 pedestrians, we, we had an agreement because we know how
10:09:05 much the estimate was.
10:09:07 And we agreed to this.
10:09:08 So I wanted to be clear that if they don't come in and
10:09:12 put an inspection, that becomes the required parking,
10:09:14 they will have to put that in at their entire cost.
10:09:18 It's because as principal parking it doesn't require that
10:09:21 they have safe passage across the street.
10:09:24 >>FRANK REDDICK: Miss Capin?
10:09:32 >>YVONNE CAPIN: And we look at our city lot and we don't
10:09:37 require it of ourselves.
10:09:39 And that is just, it's just nonsense.
10:09:49 We need to have a little common sense here.
10:09:51 I'd like to hear from the petitioner, Mr. Massey.
10:09:58 If you would come up here a second, I want to ask you a
10:10:01 question.
10:10:02 >> Yes, ma'am.
10:10:02 >>YVONNE CAPIN: You just heard what our staff said about,
10:10:07 that required crosswalk, when that building is up.
10:10:12 And that it would be a burden on, on the non-profit.
10:10:19 >> Correct.
10:10:23 >> If it was required parking, there are standards in the
10:10:26 code which Melanie would use to object to that being used
10:10:30 as principal parking at the time we go through
10:10:34 construction permitting and then at that point in time
10:10:36 had would be a requirement that we come up with a safe
10:10:39 way to cross Armenia.
10:10:41 And that's the issue that she is trying to address with
10:10:44 you all today.
10:10:45 We as a board are concerned about safety as well.
10:10:47 I want to make that clear.
10:10:49 That's one of the reasons we agreed to the board to
10:10:52 contribute that amount.
10:10:53 It is a lot of money for a not for profit.
10:10:57 But you know, it is something that we had agreed, we were
10:11:00 agreeable to doing and agreeable to putting on the site
10:11:04 plan.
10:11:04 It kind of comes down, based on the code as it stated now
10:11:11 whether you pay now or paid later.
10:11:14 >>YVONNE CAPIN: Basically what was said, yes.
10:11:16 >> You know, we hear you.
10:11:26 And we understand Miss Callaway's point.
10:11:30 It's not easy situation that we have been placed in.
10:11:37 We're trying to find resolutions to issues as well.
10:11:41 So we're working within this urban environment trying to
10:11:44 figure out where we can expand and stay in West Tampa.
10:11:48 That's the quagmire we're in at this point in time.
10:11:52 >>YVONNE CAPIN: You have stated that you had agreed to
10:11:54 this compromise with the city.
10:11:57 >> Correct.
10:11:59 >>YVONNE CAPIN: On this.
10:12:00 And when is this building?
10:12:03 >> We have no timeframe.
10:12:05 We're just discussing at this point in time, talking to
10:12:10 architects, site planning, engineering.
10:12:12 In order to build a whole new shelter, we're going to
10:12:14 have to raise an extraordinary amount of money.
10:12:17 So it's going to take a long period of time.
10:12:19 So we're likely going to be in existing facility for some
10:12:22 period of time.
10:12:23 So that's some of what we're weighing too, frankly.
10:12:27 We may not be able to afford a new shelter.
10:12:30 We may have to go through a four or five year capital
10:12:33 campaign before we can raise enough money to build an
10:12:35 entire new shelter.
10:12:36 But we do know that we do have needs.
10:12:40 And it's not required parking, that is correct.
10:12:43 This is a stand alone commercial parking lot.
10:12:46 But it's not technically tied to the rest of the humane
10:12:50 society.
10:12:50 So legally, requiring the crosswalk here I think is
10:12:54 somewhat questionable.
10:12:54 But we don't -- as a board, we want to also be sensitive
10:12:59 to the safety of our employees as well.
10:13:05 >>YVONNE CAPIN: Thank you.
10:13:06 >>FRANK REDDICK: All right.
10:13:07 Anyone else in the public wish to speak on item number
10:13:09 12?
10:13:10 >> Move to close.
10:13:11 >> Second.
10:13:12 >>FRANK REDDICK: Got a motion from Mrs. Montelione,
10:13:15 seconded by Mr. Miranda.
10:13:16 All in favor of the motion say aye.
10:13:18 Opposed?
10:13:21 >>YVONNE CAPIN: I'm sorry.
10:13:25 >> Need to be reopened?
10:13:30 >>YVONNE CAPIN: I asked Cindy something.
10:13:32 And she just sent it to me.
10:13:38 Go ahead.
10:13:41 I asked Cindy to look something up for me and she did.
10:13:44 I just got the answer.
10:13:47 >>FRANK REDDICK: Okay.
10:13:48 >>YVONNE CAPIN: Where were we?
10:13:50 >>FRANK REDDICK: We're just closing the public hearing.
10:13:52 And we'll move for someone to read this, the ordinance.
10:13:57 Then we're going to item number 13.
10:14:06 >> All in favor of the motion say aye.
10:14:08 All right.
10:14:09 Mr. Cohen?
10:14:13 Read item 12.
10:14:20 >>HARRY COHEN: I move an ordinance being presented for
10:14:22 first reading consideration, an ordinance rezoning
10:14:24 property in the general vicinity of 3708 North Armenia
10:14:26 Avenue in the City of Tampa, Florida and more
10:14:29 particularly described in section 1, from zoning district
10:14:33 classification PD, planned development, office, business,
10:14:36 professional, to PD, planned development, parking,
10:14:40 principal, providing an effective date.
10:14:43 >>FRANK REDDICK: Motion from Mr. Cohen, seconded by --
10:14:51 [Inaudible]
10:14:58 >>MARTIN SHELBY: Staff had classer about status of the
10:15:01 motion -- you want to be specific?
10:15:08 >>ABBYE FEELEY: I need to know if that condition related
10:15:09 to the $15,000 is going on the site plan, if that's the
10:15:14 desire of Council to place that on there as part of what
10:15:17 was presented to you tonight?
10:15:19 I have a different revision sheet if that is the case.
10:15:22 I don't know.
10:15:23 I couldn't get a read for what was going on.
10:15:26 So, if it's not and you're going to let it go the way it
10:15:29 is, then that's in the revision sheet in your package is
10:15:33 correct.
10:15:33 If it is your desire in between first and second reading
10:15:36 or based on the testimony you heard that that condition
10:15:38 is going on there, then I need to know that so I give you
10:15:41 the right revision sheet.
10:15:44 >>MARTIN SHELBY: If I can also ask, if the ordinance time
10:15:47 read.
10:15:48 >>ABBYE FEELEY: We're going tow need to substitute the
10:15:49 title of the ordinance between first and second reading.
10:15:53 >>HARRY COHEN: If I could just be clear.
10:15:55 The ordinance that I just read did not include the
10:15:58 $15,000, correct?
10:16:00 Because it's with the original revision sheet.
10:16:04 >>ABBYE FEELEY: Correct.
10:16:05 And the title is wrong because it did not bring forth the
10:16:09 business professional office retail center that was
10:16:12 originally approved as one of the options.
10:16:16 >>REBECCA KERT: Correct.
10:16:17 To be clear it would read as written except instead of
10:16:19 two PD planned development parking principal it would
10:16:22 read to PD planned development parking principal, office
10:16:26 and business/professional.
10:16:29 And that will need to be substituted between first and
10:16:31 second reading.
10:16:32 >>HARRY COHEN: Okay.
10:16:33 I'm going to ask that that be incorporated into what I
10:16:36 just read and that, which was seconded.
10:16:41 The substitution from the title.
10:16:46 Did not include the $15,000 because it was with the
10:16:54 original revision sheet rather than the substitute
10:16:56 revision sheet.
10:16:57 Correct?
10:16:58 So this motion does not include the $15,000 payment.
10:17:05 >> Thank you very much.
10:17:14 >>FRANK REDDICK: All right.
10:17:15 We have a motion, substitute motion made by Mr. Cohen,
10:17:19 seconded by miss Montelione.
10:17:21 All those in favor of the motion say aye.
10:17:23 Those opposed?
10:17:24 Okay.
10:17:26 >>THE CLERK: Motion carried unanimously.
10:17:27 Second reading and adoption March 3, 9:30 a.m.
10:17:31 >>FRANK REDDICK: All right.
10:17:31 We'll go to item number 13.
10:17:44 >>ABBYE FEELEY: REZ 16-08, located 5103 east Fowler
10:17:49 Avenue.
10:17:49 The request before you tonight is from CG commercial
10:17:52 general and PD planned development to PD planned
10:17:56 development restaurant with drive-in window and strip
10:17:59 shopping center with commercial general uses.
10:18:01 There are four waivers associated with this request
10:18:06 tonight.
10:18:07 Section 1345 G to remove one nonhazardous grand tree.
10:18:13 Section 27-283-12 to allow the existing access to a local
10:18:18 street north 51st street to remain.
10:18:21 This waiver for the access to the local is going to be
10:18:24 removed in between first and second reading as FDOT has
10:18:28 denied access on east Fowler Avenue.
10:18:30 The third is 2728314, to reduce the required number of
10:18:35 loading berths from two to zero.
10:18:39 Fourth, section 27285 E, to reduce the vehicle use area
10:18:42 buffer from eight foot to five foot along the northern
10:18:45 and western property line with payment of fee in lieu at
10:18:48 the time of permitting.
10:18:50 Number 4 would need to be revised in between first and
10:18:52 second reading.
10:18:53 There would be three waivers requested with this
10:18:56 application.
10:19:01 >> Good evening, councilmembers, David Hey with your
10:19:04 Planning Commission staff.
10:19:05 We move up to the University Planning District for this
10:19:08 next case.
10:19:09 The subject site located at the southeast corner of east
10:19:13 Fowler Avenue and north 51st street.
10:19:17 It is located within, on a mixed use corridor village.
10:19:22 Starting to get tired.
10:19:24 It's a 1.49-acre subject site.
10:19:27 It is also on a transit emphasis corridor.
10:19:30 And transit services provided by HART's route 6
10:19:33 connecting the subject site to the university of south
10:19:35 Florida and downtown Tampa.
10:19:37 The site is not within an evacuation zone.
10:19:39 On to the aerial.
10:19:41 Here is the site plan in the center.
10:19:47 We're all pretty familiar with this stretch of Fowler
10:19:50 from here over, basically all commercial uses,
10:19:52 supermarkets, drugstores.
10:19:54 We have got the beginning of the USF campus up to the
10:19:58 northwest and MOSI about two blocks to the west.
10:20:04 On to the future land use map, the subject site and all
10:20:11 those properties on east Fowler Avenue are all that's
10:20:18 community mixed use 35.
10:20:20 And then we have got some residential 35 right behind it.
10:20:24 We have got public, quasi-public in the blue.
10:20:27 The white is unincorporated Hillsborough County.
10:20:30 The applicant site is located within on that mixed use
10:20:37 corridor village and along a transit emphasis corridor.
10:20:41 The comprehensive plan does promote the use of public
10:20:44 transit through building design and pedestrian amenities
10:20:47 on those transit emphasis corridors.
10:20:51 Proposed site design does include sidewalk along north
10:20:54 51st street which connects to the sidewalk along Fowler,
10:20:57 providing safe pedestrian access to the HART bus stop.
10:21:00 The proposed floor area ratio of .13 is well below the
10:21:05 maximum of 2.0 floor area ratio under mixed use 35.
10:21:11 Overall proposed rezoning is comparable and compatible to
10:21:14 existing development pattern within the vicinity of the
10:21:16 applicant site.
10:21:17 It should not create any negative impacts on adjacent
10:21:20 uses.
10:21:21 And therefore based on those findings, the goals,
10:21:23 objectives and policies of the comprehensive plan,
10:21:25 Planning Commission staff finds proposed plan development
10:21:29 consistent with the Tampa comprehensive plan.
10:21:31 Thank you.
10:21:33 >>ABBYE FEELEY: 5103 east Fowler from CG and PD to PD to
10:21:40 allow for the construction of a restaurant with a
10:21:43 drive-in window and retain an existing strip shopping
10:21:47 center.
10:21:47 The site has an existing 4,886 square foot strip shopping
10:21:52 center and a Meineke car care center.
10:21:57 The application seeks to retain the existing center and
10:21:57 to demolish the Meineke car care center.
10:22:00 A new restaurant with drive-thru window, 3700 square foot
10:22:04 would be constructed on the western portion of the
10:22:06 property where the auto repair center was located.
10:22:09 There is currently ingress and egress on north 51st
10:22:13 street and this access is being requested for retention.
10:22:16 Controls access with the commercial retail center to the
10:22:19 east.
10:22:19 There was a small PD that we did on this property for
10:22:24 little Twistee Treat drive-in ice cream that was never
10:22:29 constructed.
10:22:29 So I'll go ahead and show you the zoning atlas.
10:22:35 As David pointed out to you, we are at the end of the
10:22:38 world -- at the end of the City of Tampa -- it's far out
10:22:44 there.
10:22:44 So here is the small PD for the Twistee Treat.
10:22:54 The PD on our mapping system actually goes to the center
10:22:58 lines of the roadway.
10:22:59 So that's why it goes out there.
10:23:00 But it was just a small portion here.
10:23:02 I'll go ahead and show that to you.
10:23:04 The rest in the remaining area along Fowler is CG.
10:23:07 There's a PD immediately to the south of this
10:23:10 residential.
10:23:11 And RO-1 and RM-24 and RM-35, little mix of stuff.
10:23:15 Since the site, you'll see in the pictures I show you,
10:23:24 there is a large grade change at the beginning in the
10:23:27 front of this property.
10:23:28 There are also some large trees on the property.
10:23:31 We were able to work with the applicant to save one of
10:23:34 the larger trees in the center of the property.
10:23:37 What's being proposed here is a Pollo Tropical restaurant
10:23:41 on the western side.
10:23:43 And this center here is being retained.
10:23:46 Show you some pictures of the site.
10:23:52 This is actually where the little twisty treat had been
10:23:59 approved.
10:24:01 Nevada constructed.
10:24:03 The subject property.
10:24:04 Here you'll see is that change in grade in those larger
10:24:10 trees on the front of the site there.
10:24:12 This I believe is the tree we're retaining.
10:24:15 This is a look to the east down Fowler.
10:24:19 Look to the west down Fowler.
10:24:21 Property immediately to the west.
10:24:23 There is a gas station.
10:24:26 This is just some other use.
10:24:30 Front of the site.
10:24:32 Northside of Fowler.
10:24:35 I did have some building elevations.
10:24:45 What is being proposed there, this does have a drive-in
10:24:48 window.
10:24:49 There's one site plan modification.
10:24:57 I do need the waives to change to reflect as I stated on
10:25:00 the front page and read into the record.
10:25:02 The local access would be taken off as they have been
10:25:05 denied access.
10:25:07 And the vehicle use area buffer waiver is incorrectly
10:25:11 identified on the plan currently.
10:25:13 So that needs to be revised.
10:25:15 Those modifications, staff did find the request
10:25:18 consistent and I'm available for any questions.
10:25:22 >>FRANK REDDICK: All right.
10:25:22 Any questions from Council?
10:25:24 Petitioner?
10:25:30 >> Good evening, Lucas Carlo, 3409 west lemon street.
10:25:36 We agree with staff findings and recommendations.
10:25:38 I just want to go over one of the waivers regarding the
10:25:42 grand tree removal.
10:25:43 The tree that was removed is in, unfortunately in the
10:25:50 center of the driveway that we're proposing.
10:25:53 We did work with Mary in natural resources to save one of
10:25:56 the other grand trees.
10:25:57 There's another one to the south, which we kept all the
10:26:00 buffer trees from the multi-family project with the
10:26:03 masonry wall.
10:26:04 So we do have a credit of trees but we did save some, one
10:26:08 of the bigger trees here with some pavement and reducing
10:26:12 some parking spaces.
10:26:13 We're not overparked.
10:26:15 We're right at the minimum requirement.
10:26:16 So there's no additional parking that we have requested
10:26:20 on this project.
10:26:21 Any questions, I'll be free to answer.
10:26:26 >>FRANK REDDICK: Any questions from Council?
10:26:27 Ms. Montelione?
10:26:29 >>LISA MONTELIONE: Because it's late, it's the 40-inch
10:26:33 grand oak tree number three?
10:26:36 >> Number three, yes.
10:26:37 >>LISA MONTELIONE: That's being taken out?
10:26:39 >> Yes.
10:26:40 The 36 one in the middle is the one we worked with staff
10:26:44 to save.
10:26:45 And we're saving all the tree, the one on the south
10:26:48 property line with all the rest of the trees along that
10:26:51 20-foot buffer.
10:27:04 >>LISA MONTELIONE: 40-inch nonhazardous grand oak, it's
10:27:07 kind of hard.
10:27:09 >> It's within, like in bowl, retention pond.
10:27:13 He tried.
10:27:14 >>LISA MONTELIONE: It's in a bowl.
10:27:40 >>LISA MONTELIONE: That's the only consternation I have
10:27:43 is losing a 40-inch grand oak that's nonhazardous.
10:27:47 But you know, the berth and the reduced vehicle area, the
10:27:55 waiver, that's the only one I have a concern about.
10:27:59 >>FRANK REDDICK: Miss Capin?
10:28:01 >>YVONNE CAPIN: Yes.
10:28:03 The grand oak is very fine.
10:28:06 But we heard earlier today of a 60-inch grand oak with a
10:28:11 branch went through the roof of the house.
10:28:13 So, they can be hazardous.
10:28:17 In my neighborhood, I've seen a tree fall on the house
10:28:22 and totally crush it.
10:28:23 So, they can be hazardous.
10:28:25 And that is, you know, I understand your plight.
10:28:35 >>FRANK REDDICK: All right.
10:28:37 Any additional questions to the petitioner?
10:28:39 Anyone in the audience wish to speak on item 13?
10:28:44 >> Motion from Mr. Miranda, second by Ms. Montelione.
10:28:47 All in favor.
10:28:48 All right.
10:28:49 Miss Capin, will you read number 13.
10:28:55 >>YVONNE CAPIN: Ordinance being presented for first
10:28:56 reading consideration, an ordinance rezoning property in
10:28:59 the general vicinity of 5103 east Fowler Avenue in the
10:29:03 City of Tampa, Florida, more particularly described in
10:29:05 section 1, from zoning district classification CG
10:29:08 commercial general to PD planned development to PD
10:29:12 planned development restaurant with drive-in window and
10:29:15 strip shopping center with commercial general uses,
10:29:18 providing an effective date.
10:29:20 >> Second.
10:29:21 >>FRANK REDDICK: I got a motion from Miss Capin, seconded
10:29:23 by Mr. Maniscalco.
10:29:24 All in favor of the motion say aye.
10:29:26 Opposed?
10:29:29 It includes -- what you say?
10:29:32 >> Revision sheet.
10:29:35 >>YVONNE CAPIN: Are there revisions?
10:29:37 >> The revisions were the waivers.
10:29:39 They just needed to clean up the waiver, take off the
10:29:42 waive to access local.
10:29:43 Adjust the one to the vehicle use area.
10:29:48 Just as they were stated on the front page of the report.
10:29:51 >>YVONNE CAPIN: To include the revisions between first
10:29:52 and second reading.
10:29:54 >>FRANK REDDICK: Okay.
10:29:55 >> Motion carried unanimously.
10:29:56 Second reading and adoption will be March 3, 30:00 a.m.
10:30:00 >>FRANK REDDICK: All right.
10:30:00 Final item, item 14.
10:30:04 >>ABBYE FEELEY: Item number 14, is REZ 16-25.
10:30:09 It's located at 2102, 2210 and 2266 east Fowler Avenue.
10:30:14 The request before you tonight is from CG commercial
10:30:18 general to PD, planned development, commercial general
10:30:23 uses and restaurant with drive-in window.
10:30:26 There are three waivers being requested.
10:30:30 This parcel is an out parcel at the University Mall.
10:30:35 There are three waivers being requested.
10:30:38 The first is to reduce the required number of loading
10:30:41 berths from two to zero.
10:30:43 The second is to allow the total square footage of
10:30:46 allowable building sign area approximately 412 square
10:30:51 feet to be distributed among the thee a building facades,
10:30:55 not to exceed what would be permissible individually.
10:30:59 This for the south and west.
10:31:02 The south and west both qualify for signage.
10:31:04 The east does not.
10:31:05 This would be to allow to distribute the allowable copy
10:31:09 area to the three facades.
10:31:11 And the last is increase the permitted size of the sign
10:31:15 copy area on the east of the building from 163 to 309.
10:31:23 And that is I believe due to the mural that is contained
10:31:35 [Inaudible]
10:31:36 On the east side of the building.
10:31:43 >> Good evening, Councilmembers, David Hey with Planning
10:31:49 Commission staff.
10:31:51 I have been sworn.
10:31:52 Still in that University Planning District at the
10:31:55 northeast corner of the intersection of east Fowler
10:31:57 Avenue and north 19th street.
10:32:00 We are again on a mixed use corridor village.
10:32:04 It's a 2.55-acre subject site.
10:32:07 East Fowler Avenue is a transit emphasis corridor so
10:32:11 buildings are to be designed to be conducive to best
10:32:15 pedestrian movement and getting them through the
10:32:18 corridor.
10:32:18 Also there's multiple transit routes running on that
10:32:24 section of Fowler Avenue.
10:32:28 HART's 12 and 45.
10:32:30 On to the future land use map, this corridor is always a
10:32:37 little difficult because you've got unincorporated county
10:32:40 on the north.
10:32:42 That's that big white area up there.
10:32:45 But right along Fowler Avenue is the City of Tampa and
10:32:49 all that red is the community commercial 35.
10:32:53 Along east Fowler.
10:32:55 The site is right here, highlighted in red.
10:32:57 Below the tracks is residential 10.
10:33:06 University Mall.
10:33:06 Let's use the aerial.
10:33:15 It's getting late.
10:33:16 Here we have the University Mall.
10:33:18 The subject site.
10:33:19 Again, there's a little segment of 19 right along the
10:33:23 west, but the corridor is basically all commercial.
10:33:26 The request if approved would allow that development of a
10:33:31 9,020 square foot drive-thru restaurant near the
10:33:38 University Mall.
10:33:38 Post development will maintain the commercial character
10:33:40 of the area.
10:33:41 The applicant has made an attempt to address self
10:33:44 objectives and policies of the Tampa comprehensive plan
10:33:46 with regard to overall site design as well as pedestrian
10:33:51 bike circulation.
10:33:52 One comment that was highlighted in the, because this is
10:33:57 such a unique area, the reviewer commented on sidewalks
10:34:01 along 19th because once the University Mall is
10:34:05 redeveloped, we would want to ensure that pedestrians are
10:34:09 able to access the mall from numerous, such a large
10:34:13 campus, numerous public rights-of-ways that are adjacent
10:34:17 to the mall campus.
10:34:19 There should be pedestrian connections especially on
10:34:21 19th.
10:34:22 Overall the proposed redevelopment will not only be
10:34:25 compatible with the existing neighborhood character but
10:34:28 will also implement the pedestrian connectivity elements
10:34:31 encouraged in the Tampa comprehensive plan.
10:34:33 That's on 19.
10:34:34 Therefore, based on those findings and the goals,
10:34:38 objectives policies of the comp plan, planning commission
10:34:39 staff finds the proposed plan development consistent with
10:34:44 the Tampa comprehension plan.
10:34:51 >>ABBYE FEELEY: The request before you tonight from CG to
10:34:56 PD to allow for the construction of a restaurant with a
10:35:00 drive-in window, the applicant has also requested all
10:35:04 uses permitted in the CG zoning districts are allowed
10:35:07 within the planned development.
10:35:09 This site is an out parcel in a larger University Mall
10:35:12 development that includes property in both the City of
10:35:14 Tampa and Hillsborough County.
10:35:17 The PD zoning lot is approximately 2.56 acres with
10:35:22 .62 acres in the City of Tampa and the remaining 1.94 in
10:35:27 Hillsborough County.
10:35:28 Hillsborough County will review for compliance that
10:35:34 portion of the site in that jurisdiction.
10:35:36 The lot was previously a Firestone store and is currently
10:35:40 vacant.
10:35:41 The applicant proposes to construct a 9,020 square foot
10:35:46 structure for restaurant use with a double drive-thru
10:35:49 window section of.
10:35:51 Current ingress and egress on east Fowler and north
10:35:54 19th street.
10:35:55 19th is a local but there is no residential uses on that
10:35:58 segment, therefore there is no waiver for access to local
10:36:01 street.
10:36:01 The parking lot layout has been reconfigured and two
10:36:04 ingress egress driveways on east Fowler has been reduced
10:36:08 to one.
10:36:09 Similarly the alignment of north 19th into the site has
10:36:12 been altered to accommodate the proposed double
10:36:15 drive-thru lanes.
10:36:16 Here is the subject property.
10:36:20 Jurisdictional line.
10:36:23 Aerial.
10:36:24 CG and I on the south side of Fowler in that area.
10:36:32 The end of world again.
10:36:38 [ Laughter ]
10:36:44 >>ABBYE FEELEY: Here is a picture of the property.
10:37:01 Turned in off of Fowler and this is the site to the left.
10:37:05 Has been demoed.
10:37:07 Pad ready.
10:37:07 They're ready to get moving.
10:37:10 I'll let Mr. Gardner tell you who will be making their
10:37:13 Tampa debut.
10:37:15 >>LISA MONTELIONE: We already know.
10:37:17 It's been reported in the news as well.
10:37:27 >>ABBYE FEELEY: Here are some other views of the site and
10:37:29 the circulation area.
10:37:30 They're in the long horn there.
10:37:31 This is the look down Fowler.
10:37:33 And this is a look at 19th and coming in, there was a
10:37:38 gentleman walking while I was out taking pictures there.
10:37:41 And so there is a lot of activity in those connections.
10:37:45 This is the south side.
10:37:52 There are some site plan modifications that need to be
10:37:55 made in between first and second reading.
10:37:57 They need to revise the waiver table as stated on page
10:38:00 one.
10:38:00 Revise the legal description as reflected on their
10:38:04 revision sheet attached, revise the note to scale one to
10:38:09 30.
10:38:09 Label the building elevations, state maximum building
10:38:13 height is 45 feet.
10:38:14 State the proposed use, commercial general uses in
10:38:16 restaurant with drive-in.
10:38:18 Transportation site plan modifications to revise the
10:38:22 waiver for the loading berths from two to zero as I read
10:38:25 it into the record.
10:38:26 To show the site data table as requiring to.
10:38:29 And add a note on the site plan that prior to the
10:38:33 issuance of the first building permit a mitigation
10:38:36 payment of $4,144 shall be paid to transportation
10:38:41 planning for improvements in the area.
10:38:42 The comments from natural resources is that tree
10:38:53 protection Hillsborough County portion must meet the
10:38:56 Hillsborough County land development regulations and
10:38:58 irrigation must be provided.
10:39:00 I think that should read site plan modifications.
10:39:04 Mary wrote this report, not inconsistent because they did
10:39:07 not have inconsistent finding.
10:39:09 Mary's findings are on pages four and five.
10:39:13 Staff did find the request consistent and we're available
10:39:15 for any questions.
10:39:16 Thank you.
10:39:17 >>FRANK REDDICK: Any questions from Council?
10:39:19 All right.
10:39:20 Petitioner?
10:39:26 >> Truett Gardner, 400 north, we are amenable to all of
10:39:31 the changes, one point I wanted to make is the reduction
10:39:34 of ingress egress points.
10:39:36 Which I'm have are grateful for because by my count,
10:39:39 Mr. Miranda has almost hit three people recently.
10:39:42 We're going to reduce those.
10:39:44 >>CHARLIE MIRANDA: You might be the fourth.
10:39:45 [ Laughter ]
10:39:46 >> As far as trees, the site looks like Afghanistan now.
10:39:51 And we will be planting trees in the landscape bounds.
10:39:57 If you have any questions, this is the worst kept secret
10:40:00 obviously, Portillo's hotdogs, which I've never been to.
10:40:08 But been told it's the greatest thing in the world.
10:40:13 >>FRANK REDDICK: Ms. Montelione?
10:40:15 >>LISA MONTELIONE: Myself Capin was first.
10:40:16 >> No, you're first.
10:40:18 >>LISA MONTELIONE: Okay.
10:40:19 Whatever.
10:40:19 So the required numbers spaces is 28.
10:40:25 You're providing 184.
10:40:26 That's a wee built over parked sir.
10:40:28 >> I noticed that.
10:40:29 I think distinction there, as you draw that
10:40:32 jurisdictional line, about 25% of the site is in the city
10:40:35 and remainder is the county.
10:40:37 So I think that count is being bifurcated between the
10:40:41 city and the county.
10:40:42 So collectively the requirement is going to be more in
10:40:45 the 104 range.
10:40:46 But in the city's portion of the property, only 28 space.
10:40:51 >>LISA MONTELIONE: So that leads to my next question.
10:40:53 I'm really familiar with this whole status of -- am I
10:41:03 allowed to ask questions?
10:41:05 Is there a problem?
10:41:08 >>CHARLIE MIRANDA: Unless you have a guilty conscience.
10:41:12 >>LISA MONTELIONE: I thought I heard grumbling.
10:41:15 Yawning, I understand that.
10:41:17 Been doing that myself.
10:41:18 The Hillsborough jurisdictional line.
10:41:23 >> Yes.
10:41:24 >>LISA MONTELIONE: So when Miss Feeley says that
10:41:26 Hillsborough County would be reviewing for consistency.
10:41:30 >> Correct.
10:41:30 >>LISA MONTELIONE: Please tell me you don't have to go
10:41:32 through this process at Hillsborough County as well?
10:41:35 >> So the agreement we reached there is they want to make
10:41:38 sure there's not a conflict between county code and city
10:41:42 code.
10:41:43 County has already come back and said there is no
10:41:45 conflict at all.
10:41:46 So they're fine.
10:41:47 We are actually on the alcohol side again going to be to
10:41:51 be approved by both the city and the county.
10:41:54 >>LISA MONTELIONE: So, I guess I was under the
10:42:00 impression, correct me, I'm sure you will, but if the
10:42:03 majority of the property sat in one or the other, that
10:42:08 would be the jurisdiction that had.
10:42:11 >> No, the conclusion of the county attorney and city
10:42:14 attorney's office, they don't have the jurisdiction to
10:42:20 cede the jurisdiction over to the other.
10:42:23 So that's why we have to go through this bifurcation.
10:42:26 What we should be doing is annexing the property.
10:42:29 Then we'd only have one government to deal with.
10:42:32 >>LISA MONTELIONE: That's been brought up before.
10:42:34 Not the city, but not the city annexing it into the
10:42:39 county.
10:42:39 I have heard discussion that the county is considering
10:42:41 annexing this part into the county.
10:42:46 >> Makes sense.
10:42:48 >>LISA MONTELIONE: Depends on who the tax revenue
10:42:50 collection goes to.
10:42:51 Okay.
10:42:53 That's it.
10:42:53 Thank you.
10:42:54 >>FRANK REDDICK: All right.
10:42:55 Any other questions?
10:43:01 All right.
10:43:02 Anyone in the audience want to speak to item number 14.
10:43:05 >> Move to close.
10:43:06 >> Second.
10:43:06 >>FRANK REDDICK: Got a motion from Mr. Miranda, second by
10:43:10 Mr. Maniscalco.
10:43:11 All in favor of the motion say aye.
10:43:13 Opposed?
10:43:20 >>MIKE SUAREZ: I present ordinance first reading
10:43:21 consideration, ordinance rezoning property in the general
10:43:24 vicinity of 2102, 2210 and 2266 East Fowler Avenue in the
10:43:29 City of Tampa, Florida, and more particularly described
10:43:31 in section 1, from zoning district classification, CG,
10:43:34 commercial general, to PD, planned development,
10:43:37 commercial general uses and restaurant, drive-in,
10:43:40 providing an effective date.
10:43:41 And including, we have some revisions, including revision
10:43:45 sheet as presented by staff.
10:43:46 >>FRANK REDDICK: Got a motion from Mr. Suarez.
10:43:48 Seconded by Maniscalco.
10:43:50 All in favor of the motion say aye.
10:43:52 Those opposed?
10:43:54 All right.
10:43:54 Motion carries.
10:43:57 >>THE CLERK: Motion carried unanimously.
10:43:58 Second reading and adoption March 3, 30:00 a.m.
10:44:02 >>FRANK REDDICK: All right.
10:44:02 We thank you.
10:44:03 Information and reports.
10:44:05 Ms. Montelione?
10:44:08 >>LISA MONTELIONE: Thank you, sir.
10:44:09 I would request that staff provide a report, an inventory
10:44:14 of city facilities, particularly parking lots that do not
10:44:18 meet with our code.
10:44:22 >> When would you like to see that?
10:44:25 >>LISA MONTELIONE: Don't have the calendar in front of
10:44:27 me.
10:44:27 >> Want 60 days?
10:44:29 >>LISA MONTELIONE: It's going to take them a while to do
10:44:31 that, so I say give them 60 to 90 days.
10:44:36 >>HARRY COHEN: How's April 21st?
10:44:38 >>LISA MONTELIONE: Hey, that's my birthday week.
10:44:40 Sounds good.
10:44:42 >>HARRY COHEN: Under staff reports.
10:44:55 >>FRANK REDDICK: Got a motion from miss Montelione,
10:45:00 seconded by Miss Capin.
10:45:02 All in favor of the motion say aye.
10:45:04 Anything else?
10:45:05 >>LISA MONTELIONE: No.
10:45:07 >>FRANK REDDICK: Mr. Maniscalco?
10:45:09 >>GUIDO MANISCALCO: Knows.
10:45:10 >>HARRY COHEN: Two brief items.
10:45:11 First of all, I would like tow ask for a staff report
10:45:14 from Jean Duncan on April 7th, to unveil and present the
10:45:21 Howard Avenue corridor study to Council.
10:45:24 She will provide us with a copy of it and also a
10:45:28 PowerPoint and also then it will be made available to the
10:45:31 public so they can comment on it.
10:45:34 >> Second.
10:45:34 >>FRANK REDDICK: Got a motion from Mr. Cohen, seconded by
10:45:38 Mr. Maniscalco.
10:45:39 All in favor of that motion say aye.
10:45:46 Okay.
10:45:47 >>HARRY COHEN: Then the second item is, there has been
10:45:50 numerous reports done this week on television about the
10:45:55 towing situation in the city.
10:45:58 And one of the things that has been brought to light is
10:46:01 that our ordinance that allows people who are too
10:46:05 inebriated to drive home, to leave their cars, is often
10:46:10 being either ignored or not followed exactly correctly by
10:46:13 the towing companies.
10:46:14 And there are a lot of different issues that are
10:46:16 surrounding this.
10:46:18 But I had thought back to something Councilwoman Capin
10:46:21 did a number of years back related to the bars and
10:46:24 posting the conditions at the bar of when exactly they
10:46:28 were allowed to sell an when they had to close.
10:46:32 And my thought is that it would be a good idea for any
10:46:36 establishment that sell also alcohol in the City of Tampa
10:46:39 for on premise also consumption, to have posted our
10:46:43 ordinance that informs people that if they are too
10:46:47 inebriated to drive, that they can leave their car
10:46:50 without fear of it being towed until 12 noon the next
10:46:55 day.
10:46:55 I'd like to ask that staff come back on March 17th under
10:46:59 staff reports and tell us about the feasibility of adding
10:47:03 to our code a requirement that all of these
10:47:06 establishments post this information.
10:47:08 >>FRANK REDDICK: Got a motion from Mr. Cohen, seconded by
10:47:11 Miss Capin, you want a discussion?
10:47:15 All right.
10:47:15 Motion from Mr. Cohen, second it by miss Capin.
10:47:20 Discussion?
10:47:21 >>LISA MONTELIONE: I just wanted to say I mean, you
10:47:23 mentioned people who are inebriated.
10:47:26 The ordinance doesn't say you have to be inebriated in
10:47:29 order to leave your car.
10:47:30 It's just, if the establishment sells alcohol, that
10:47:35 parking lot adjacent, you can leave your car there.
10:47:38 You don't have to be inebriated.
10:47:41 >>HARRY COHEN: The reason I asked for a staff report
10:47:43 rather than dictating what we should say, they can then
10:47:46 come to us with some options.
10:47:48 >>LISA MONTELIONE: I just wanted to clarify.
10:47:51 You don't have to be inebriated.
10:47:55 >>FRANK REDDICK: Just be drunk.
10:47:57 [ Laughter ]
10:47:58 >>FRANK REDDICK: Be blunt all those in favor of the
10:48:05 motion say aye.
10:48:06 Those opposed?
10:48:07 Okay.
10:48:08 Anything else?
10:48:09 >>HARRY COHEN: That's it.
10:48:09 >>FRANK REDDICK: Ms Capin?
10:48:15 >>YVONNE CAPIN: One short motion.
10:48:16 For commendation to be presented honoring the woman's
10:48:20 history month celebration at the March 17th Council
10:48:24 meeting.
10:48:24 >> Second.
10:48:25 >>FRANK REDDICK: Motion from Miss Capin, seconded by
10:48:29 Mrs. Montelione.
10:48:30 It's late.
10:48:33 All in favor of the motion aye.
10:48:36 Okay.
10:48:37 Anything else?
10:48:38 >>YVONNE CAPIN: That's it.
10:48:40 >>FRANK REDDICK: Mr. Suarez?
10:48:41 >>MIKE SUAREZ: One thing.
10:48:42 This weekend is the Sant'yago Knight parade in Ybor.
10:48:45 Hope everybody is able to go.
10:48:50 Also celebrate Valentine's Day on Sunday.
10:48:52 I'm doing it on Saturday.
10:48:54 Everyone have a great time.
10:48:59 >>FRANK REDDICK: Mr. Miranda?
10:49:00 >>CHARLIE MIRANDA: Nothing, Mr. Chairman.
10:49:01 Only new business I have is receive and file.
10:49:05 >> Motion by Mr. Miranda, seconded by Mr. Cohen.
10:49:07 All in favor of the motion.
10:49:09 All right, we stand adjourned.
10:49:10
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