Tampa City Council
Thursday, August 11, 2016
6:00 p.m. Session
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06:05:19 [Sounding gavel]
06:05:20 >>MIKE SUAREZ: Tampa City Council is now called into order.
06:05:22 Roll call, please.
06:05:23 >>CHARLIE MIRANDA: Here.
06:05:26 >>HARRY COHEN: Here.
06:05:27 >>GUIDO MANISCALCO: Here.
06:05:28 >>LISA MONTELIONE: Here.
06:05:30 >>MIKE SUAREZ: Here.
06:05:33 If I could get a motion to open up items 1 through 10.
06:05:37 I have a motion from Mr. Miranda, a second from Mr. Cohen.
06:05:40 All in favor of that motion indicate by saying aye.
06:05:42 Any opposed?
06:05:43 Okay.
06:05:44 Item number 1.
06:05:44 >>ABBYE FEELEY: Land Development Coordination.
06:05:55 Item number 1 is the second reading of a rezoning that came
06:05:58 before you last month at Grand Central, Cleveland, Magnolia.
06:06:04 It was -- placed this evening given that there is a
06:06:08 development agreement that goes with this item.
06:06:11 That development agreement is item number 2.
06:06:14 It is also before you for consideration for second reading
06:06:17 at this time.
06:06:19 The rezoning site plan has been certified and provided to
06:06:22 the clerk and we do have that if you wish to.
06:06:26 >>MIKE SUAREZ: Before we continue we have to swear in
06:06:30 everyone.
06:06:30 If the clerk would swear in anyone that's going to speak on
06:06:32 items 1 through 10, please rise and be sworn in.
06:06:35 (Oath administered by Clerk).
06:06:42 >>MIKE SUAREZ: Thank you.
06:06:48 >>GINA GRIMES: Law firm of Hill, Ward, Henderson.
06:06:50 We represent Altman Development Corporation, the petitioner.
06:06:52 I'm available if you have any questions.
06:06:54 >>MIKE SUAREZ: Thank you.
06:06:56 Any questions from council on this item?
06:06:59 Is there anyone in the public that would like to speak on
06:07:01 item number 1, REZ 16-47?
06:07:05 >>CHARLIE MIRANDA: Move to close.
06:07:06 >> Second.
06:07:06 >>MIKE SUAREZ: Motion to close from Mr. Miranda, second by
06:07:09 Mr. Cohen.
06:07:10 All in favor of that motion?
06:07:12 Any opposed?
06:07:13 Mrs. Montelione, will you kindly take item number 1.
06:07:16 >> I move an ordinance being presented for second reading
06:07:19 and adoption, an ordinance rezoning property in the general
06:07:21 vicinity of 109, 111, 115 and 117 south Cedar Avenue, 59,
06:07:30 507 west Cleveland street, west Grand Central Avenue and
06:07:35 110, 112, 114, 116 south Magnolia Avenue in the city of
06:07:40 Tampa, Florida more particularly described in section 1 from
06:07:42 zonings district classification CG commercial general, OP
06:07:46 office professional to PD planned development, residential
06:07:48 multifamily, parking and all CG uses providing an effective
06:07:52 date.
06:07:53 >>MIKE SUAREZ: I have a motion by Mrs. Montelione, a second
06:07:56 by Mr. Maniscalco.
06:07:57 Is the board ready to --
06:07:59 >>THE CLERK: No, sir.
06:08:00 We will have a voice roll call vote.
06:08:02 Voice roll call. Miranda.
06:08:05 >>CHARLIE MIRANDA: Yes.
06:08:09 >>MIKE SUAREZ: Yes.
06:08:10 >>HARRY COHEN: Yes.
06:08:11 >>GUIDO MANISCALCO: Yes.
06:08:12 >>LISA MONTELIONE: Yes.
06:08:13 >>THE CLERK: The motion carried with Reddick and Capin
06:08:16 being absent at vote.
06:08:18 >>MIKE SUAREZ: Item number 2.
06:08:21 >> Kristin Mora, legal department. This is the development
06:08:29 agreement that accompanies the rezoning you just approved.
06:08:31 It is here on second reading.
06:08:33 Just for the purposes of clarity, although you have a site
06:08:35 plan attached to it in your packet, that will be subject to
06:08:39 the certain site plan in the city clerk's office.
06:08:42 I'm available if you have any questions.
06:08:43 >>MIKE SUAREZ: Terrific.
06:08:44 Any questions from council?
06:08:46 Petitioner?
06:08:51 >>GINA GRIMES: Law firm Hill, Ward, Henderson representing
06:08:53 Altman, the developer, and in this development agreement.
06:08:56 I made a presentation at the first public hearing, and
06:09:01 incorporate my comments in that hearing, and I'm available
06:09:06 if you have any questions about the development agreement.
06:09:08 >>MIKE SUAREZ: Any questions from council? Is there anyone
06:09:10 in the public that would like to speak on item 27, file E
06:09:14 2016-8-chapter 27?
06:09:16 >> Move to close.
06:09:17 >>MIKE SUAREZ: I have a motion from Mr. Miranda.
06:09:19 I have a second from Mr. Maniscalco.
06:09:21 All in favor of that motion please indicate by saying aye.
06:09:24 Any opposed?
06:09:26 Okay.
06:09:26 We have Mr. Miranda has moved the resolution.
06:09:29 Do I have a second?
06:09:30 Motion by Mr. Miranda.
06:09:31 I have a second from Mr. Maniscalco.
06:09:34 All in favor of that motion please indicate by saying aye.
06:09:37 Any opposed?
06:09:38 >>THE CLERK: The motion carried with Reddick and Capin
06:09:42 being absent at vote.
06:09:43 >>MIKE SUAREZ: Thank you.
06:09:44 Item number 3.
06:09:45 >> Councilman Suarez, if I may for a minute, I do have a
06:09:53 request for a continuance on item 9 and 10.
06:09:59 In the information that staff provided to the applicant,
06:10:05 there was a typo in the address in 7813 North Howard street.
06:10:11 It should have been 812.
06:10:12 I think I was typing a little bit too fast.
06:10:15 And in the interest of notice, public notice and ensuring
06:10:19 all documentation is correct for item number 9, which is the
06:10:22 rezoning, and 10, the associated development agreement there
06:10:30 is a request for those to be continuously.
06:10:32 The issue is that September 13th is full.
06:10:35 So your next available hearing would be September 22nd.
06:10:39 It is an alcohol hearing.
06:10:42 I checked this morning.
06:10:43 There are three alcohol cases set for that night.
06:10:46 If it would be the pleasure of council, if we could continue
06:10:49 this to that night I will make the presentation that evening
06:10:52 for these two.
06:10:53 >>MIKE SUAREZ: What is the pleasure of council?
06:10:56 >>CHARLIE MIRANDA: Let me ask, if I may.
06:10:58 This time it was our mistake?
06:11:01 >>ABBYE FEELEY: Yes, sir.
06:11:03 >>CHARLIE MIRANDA: If we have it at 5:30 and then come back
06:11:05 at six.
06:11:06 That way we don't interfere with anyone.
06:11:08 >>MIKE SUAREZ: Is there any problem with council on that?
06:11:11 >>CHARLIE MIRANDA: Mr. Chairman I move that 9 and 107
06:11:13 unless there's any public dissatisfaction with a
06:11:15 continuation.
06:11:15 >>MIKE SUAREZ: Before we go forward we'll make sure we hear
06:11:21 from the petitioner and from the public.
06:11:22 >> Kristin Mora, legal department.
06:11:25 5:30 would be fine but we will make a substitute resolution.
06:11:29 We need to reset the hearing for the development agreement.
06:11:32 I do have a substitute resolution that is rescinding the
06:11:38 prior resolution and setting those two hearings.
06:11:40 But we could make the amendment with the 5:30 time if it's
06:11:43 the pleasure of council.
06:11:44 >>MIKE SUAREZ: Terrific.
06:11:45 We have a motion from Mr. Miranda.
06:11:47 We have a second from Mr. Maniscalco.
06:11:49 Before we go into that, we are going to hear from petitioner
06:11:52 and the public.
06:11:53 Sir.
06:11:53 >> Michael Horner, 14502 north Dale Mabry Highway
06:11:58 representing applicant.
06:11:59 It's unfortunate we have a notice issue as Abbye mentioned.
06:12:02 We are under time constraints.
06:12:04 If we can get to that September 22nd hearing at 5:30, that
06:12:07 would be much appreciated.
06:12:10 I would be happy to answer any questions.
06:12:12 >>MIKE SUAREZ: Thank you.
06:12:12 No questions from council?
06:12:13 Is there anyone in the public to speak on items 9 and 10 on
06:12:17 the continuance only?
06:12:18 Is there anyone that would like to speak on either of those?
06:12:21 I see no one.
06:12:23 Unfortunately we go ahead and move the motion by Mr.
06:12:25 Miranda.
06:12:25 I have a second from Mr. Maniscalco.
06:12:27 All in favor of that motion please indicate by saying aye.
06:12:31 Mr. Shelby?
06:12:32 >>MARTIN SHELBY: If we could just have that again dated
06:12:35 September 22nd, 2016 at 5:30 p.m.
06:12:38 >>MIKE SUAREZ: Correct.
06:12:39 That is all agreed by the petitioner and by the staff.
06:12:47 >>ABBYE FEELEY: Thank you.
06:12:48 Lastly, item number 6, for anyone in the audience that
06:12:50 wanted to speak on that item this evening, that item notice
06:12:56 was not perfected and cannot move forward this evening.
06:12:58 It will be reset at a later date.
06:13:01 So that being said, the remaining items on your agenda for
06:13:05 this evening would be items 3, 4, 5, 7 and 8.
06:13:10 That would be five cases for this evening.
06:13:12 >>MIKE SUAREZ: Thank you so much.
06:13:14 I am going to ask a question if there's anyone that would
06:13:17 like to speak on item number 6 that's part of the public.
06:13:20 I don't see anyone that wants to speak.
06:13:23 Mr. Grandoff, did you want to speak as petitioner on item
06:13:25 number 6 at all?
06:13:27 >>JOHN GRANDOFF: Yes.
06:13:29 John Grandoff, suite 3700 Bank of America Plaza.
06:13:32 On behalf of ABC capital, we had a disagreement with the
06:13:36 zoning department on the proper notice, and we elected to
06:13:39 continue the hearing until September 8th.
06:13:42 We ask that you do that at 6:00 p.m., please.
06:13:45 >>MIKE SUAREZ: Mr. Shelby, off question?
06:13:47 >>MARTIN SHELBY: I want to state that I believe it would be
06:13:52 appropriate for all members of council to be able to vote on
06:13:54 this because really it's pro forma.
06:13:58 There's nothing substantive so it would be appropriate,
06:14:01 council.
06:14:01 >>MIKE SUAREZ: Okay.
06:14:06 We'll go ahead and we will move this to the next meeting.
06:14:10 I'm not sure what you were saying, Mr. Shelby.
06:14:12 >>MARTIN SHELBY: Whether it's going to be reset or not.
06:14:15 >>MIKE SUAREZ: I think they are going to reset it, yes.
06:14:18 That would be -- yes, that was the understanding that I had.
06:14:21 >>JOHN GRANDOFF: The hearing has been reset by the clerk's
06:14:26 office and we have issued mailed notice, and we have posted
06:14:29 notice also.
06:14:29 >>MIKE SUAREZ: Okay.
06:14:31 >>JOHN GRANDOFF: Filed the affidavit.
06:14:33 >>MIKE SUAREZ: Is there a date for that yet?
06:14:38 September 8th?
06:14:38 We could get a motion.
06:14:40 >>CHARLIE MIRANDA: So moved for September 8th.
06:14:42 This is a night hearing or day hearing?
06:14:45 >>ABBYE FEELEY: It's a hearing meeting, 6:00.
06:14:47 >>CHARLIE MIRANDA: So moved to September 8th, the 2016
06:14:53 at 6 p.m.
06:14:53 >>MIKE SUAREZ: I have a motion by Mr. Miranda.
06:14:55 A second by Mr. Reddick.
06:14:56 All in favor of that motion?
06:14:58 Any opposed?
06:14:59 Thank you.
06:15:00 >>ABBYE FEELEY: Item number 3.
06:15:06 Item number 3, Abbye Feeley, land development.
06:15:09 The case before you tonight is REZ 16-53 located at 203 and
06:15:13 205 east Dr. Martin Luther King Boulevard.
06:15:18 Tampa request is from RS-50 residential single-family to CI
06:15:22 commercial intensive.
06:15:24 This is a Euclidean rezoning request.
06:15:31 And no waivers may be granted or requested through this
06:15:34 application.
06:15:43 It threw me off.
06:15:44 >> Good evening, council.
06:15:55 Jennifer Malone, Planning Commission staff.
06:15:58 This is located in east central Tampa planning district.
06:16:01 It was in the New Tampa Heights urban village.
06:16:04 We received the 2040 comprehensive plan, .22 acres located
06:16:09 on than Martin Luther King Jr. Boulevard.
06:16:12 This is also identified as a transient emphasis corridor by
06:16:15 the comprehensive plan.
06:16:18 First, Tampa, West Tampa, and the university area, and it's
06:16:25 not located with an evacuation zone.
06:16:29 Here is an aerial of the site.
06:16:32 This is Florida Avenue and Martin Luther King Jr. Boulevard
06:16:36 here.
06:16:42 Galaxy Fireworks is located directly north of the site.
06:16:45 There's a single-family residential back here.
06:16:47 And then commercial use west Florida Avenue and the car lot
06:16:52 to the north.
06:16:55 This is the future land use map.
06:17:00 The site.
06:17:01 The red is community commercial 35 which is the future land
06:17:04 use category.
06:17:07 You can see that present along Florida Avenue.
06:17:11 The purple color is community mixed use 35.
06:17:14 This orange is the residential 10 and the brown is
06:17:21 residential 20.
06:17:23 Based on the comprehensive plan and the development pattern
06:17:26 around the site, it is comparable and compatible and
06:17:29 consistent with than the 35 category.
06:17:33 >>MIKE SUAREZ: Thank you.
06:17:36 >>ABBYE FEELEY: Land Development Coordination.
06:17:42 The request before you this evening is from an RS-50
06:17:45 residential single-family CI commercial intensive.
06:17:49 The CI requires 10,000 square foot minimum lot area and
06:17:54 minimum lot width of 100 feet.
06:18:01 As Jennifer said to you, the aerial of the area, the site is
06:18:05 located at the southeast corner of Martin Luther King and
06:18:09 North Florida Avenue.
06:18:13 Notice a single-family residence next to it and the adjacent
06:18:16 property, Galaxy Fireworks to the northeast.
06:18:21 Seminole Heights charter school to the northwest.
06:18:24 Corner.
06:18:24 And then on the southwest corner is the car wash, and
06:18:33 immediately to the west.
06:18:36 There is an alley in between the lot to the west and the
06:18:39 subject property that provides access to the commercial
06:18:43 businesses along North Florida Avenue.
06:18:50 On the zoning atlas you will see here CI, and Martin Luther
06:18:54 King is the dividing line for the form-based portion of the
06:18:58 city, FACI immediately north across an SACG along Martin
06:19:07 Luther King in this area.
06:19:08 There's CI predominantly along this corridor.
06:19:11 And then this pod of RS-50 that's kind of in there,
06:19:18 single-family residences, the lot that we are discussing, I
06:19:21 will show you pictures.
06:19:22 It's currently vacant.
06:19:29 It is owned by the business that is located just a little
06:19:36 further along the alley that fronts on Florida Avenue.
06:19:45 I am going to start on the subject property.
06:19:52 This is the subject property looking west toward Florida.
06:19:57 This is the alley described to you looking south.
06:20:02 This is the residence to the east.
06:20:05 This is the vacant property to the east of the residence.
06:20:10 A look back towards Florida Avenue.
06:20:14 To the north.
06:20:17 MLK.
06:20:19 Heading west.
06:20:24 The northwest corner.
06:20:28 Southwest corner.
06:20:29 Immediately west of the property.
06:20:34 This is going down the alley looking back toward Florida.
06:20:39 This is south of the subject.
06:20:44 Here is another view of the southern boundary.
06:20:54 The property does meet the minimum requirements for the CI
06:20:57 zoning district.
06:20:58 Also under the CP 35 land use you can consider up to a CI.
06:21:04 Therefore staff did find the request consistent with the
06:21:07 zoning.
06:21:07 >>MIKE SUAREZ: Thank you.
06:21:09 Any questions from council?
06:21:12 Petitioner?
06:21:18 Susan Johnson Velez, 607 west Bay Street on behalf of the
06:21:23 applicant.
06:21:23 I don't know what else I can add to that excellent
06:21:26 presentation by staff.
06:21:31 They did summarize our request and all the reviewing
06:21:34 agencies as well as staff found the request is consistent
06:21:37 and compatible with the future land use plan as well as the
06:21:42 zoning.
06:21:43 And so at the risk of saying too little I will ask your
06:21:47 approval and happy to answer any questions you may have.
06:21:49 >>MIKE SUAREZ: Any questions from council?
06:21:53 Okay.
06:21:54 Is there anyone in the public that would like to speak on
06:21:56 item number 3, REZ 16-53?
06:21:59 Come on up, please.
06:22:02 If you could, when you come up, just state your name and
06:22:04 address.
06:22:06 And you will have your three minutes.
06:22:08 >> My name is Gloria Newter and I own the home.
06:22:14 I'm not sure what they are trying to put there.
06:22:20 What they are trying to build next to my home, what they are
06:22:23 thinking about.
06:22:25 203 and 205.
06:22:28 >>MIKE SUAREZ: Well, we can ask them on your behalf.
06:22:30 Is there anything else besides what is going to be there?
06:22:32 Are there any other issues you are going to have?
06:22:34 >> Well, I don't know what issues there will be until I
06:22:36 know.
06:22:40 >> Because there is a lot next to you.
06:22:42 I don't want to take any of your time because if the clerk
06:22:46 will stop the clock, if you step away for a moment, ma'am.
06:22:49 >> I will be happy to answer that.
06:22:54 The applicant doesn't have any immediate plans.
06:22:56 As Abbye noticed, he does own the business that is just to
06:23:00 the south and east.
06:23:05 >>MIKE SUAREZ: That would be along --
06:23:10 >> Opposite from -- right here.
06:23:18 This is the subject parcel.
06:23:20 Doesn't have any immediate plans.
06:23:22 There may be some, you know, companion uses to the existing
06:23:26 business that he has there, but obviously anything that we
06:23:28 do would be subject to review under the current site
06:23:33 development.
06:23:34 >>MIKE SUAREZ: Euclidean zoning has to fit certain
06:23:37 criteria.
06:23:38 And you are saying that that particular property right now
06:23:41 is an ought on repair or auto body?
06:23:44 Because if it is, it does fit in, I believe, looking at
06:23:47 my -- it would fit in to what is allowed under the Euclidean
06:23:52 zoning.
06:23:53 I'm not sure.
06:23:54 But you can double check on that.
06:23:58 On the chart it looks like major minor vehicle repair is
06:24:02 included as part of that.
06:24:04 Thank you.
06:24:05 Ma'am, before I have you come up again I want to ask Mrs.
06:24:09 Feeley a quick question.
06:24:10 Accessory parking in relation to Euclidean zone concerning
06:24:17 this particular -- obviously based on what we are finding
06:24:21 out from the petitioner this is a Euclidean zoning which
06:24:24 means it has to fit in within certain guidelines on our
06:24:28 chart.
06:24:28 And it does have a vehicle repair minor major included.
06:24:32 But can parking be used there as opposed to any other use?
06:24:37 That's what I want to find out.
06:24:39 >>ABBYE FEELEY: Land Development Coordination.
06:24:42 Yes.
06:24:44 And the parking, principal parking, it would be principal
06:24:48 parking if they chose to put parking there, because it
06:24:53 wouldn't meet commercial off-street to go with the other
06:24:56 piece.
06:24:56 So commercial parking could go there.
06:24:59 If it did, they would be required a 6-foot masonry wall and
06:25:03 15-foot buffer adjacent to the neighbor's property.
06:25:07 >> When you say principal parking what do you mean?
06:25:09 >> The parking lot.
06:25:10 >>MIKE SUAREZ: A parking lot.
06:25:13 All right.
06:25:13 >>ABBYE FEELEY: The property is currently under violation
06:25:16 for the cars being parked there for open storage of
06:25:19 vehicles.
06:25:21 And they are RS-50 which is a residential single-family
06:25:25 zoning district.
06:25:27 That is not a permissible use.
06:25:29 So in order to make the use -- and what you see out there
06:25:33 today wouldn't be permitted either.
06:25:35 Once the zoning is changed, then they could apply for
06:25:40 permits to properly allow for a use on the property at which
06:25:44 time all required buffering, landscaping, all that is going
06:25:48 to be required of the property.
06:25:52 And in this case any use under that use you see would
06:25:56 require a six-foot masonry wall and 15 feet of space from
06:26:01 the adjacent residential property.
06:26:02 >>MIKE SUAREZ: Okay, terrific.
06:26:04 Thank you.
06:26:05 Ma'am, I wanted to bring you up again because I wanted to
06:26:08 make sure that you kind of understood what might be
06:26:10 available to them in terms of this zoning classification.
06:26:14 I'm not sure if you understood what was going on, but they
06:26:17 are allowed to have what they already are using it for --
06:26:21 excuse me, what is already part of their business now.
06:26:25 As part of the zoning.
06:26:26 So if they wanted to, though, put any kind of parking there,
06:26:30 they would have to put a buffering wall there.
06:26:34 So again, they have a choice of a lot of different uses that
06:26:38 they could put there.
06:26:39 And we are not saying one or the other.
06:26:41 But because they are a vehicle repair, chances are they may
06:26:44 be using it for that same use for parking or for cars being
06:26:49 there.
06:26:49 >> Storage then?
06:26:52 >>MIKE SUAREZ: I don't think it would be storage per same
06:26:53 but I don't think I can answer for the petitioner.
06:26:56 So again, I wanted you to understand that.
06:26:59 There are certain uses that they are allowed there after
06:27:04 rezone, and some of it is major and minor vehicle repair of
06:27:08 the my sums based on the fact that they are able to do that
06:27:13 at their other location may be part of what they are doing
06:27:16 but they still have to buffer what they do to your property
06:27:19 based on their use.
06:27:20 >> Buffering means --
06:27:23 >> a wall.
06:27:24 A wall.
06:27:26 They would have to put a 6-foot wall between your property
06:27:29 and there's.
06:27:31 >> Where they would store cars --
06:27:34 >> I can't say about storing cars, ma'am.
06:27:36 They would have to put a wall there.
06:27:38 >> So at this point -- I'm not sure what I am supposed to
06:27:46 say.
06:27:46 >> And I can't tell you what to say either.
06:27:49 Obviously, on this type of zoning we don't know the specific
06:27:51 use they are going to have.
06:27:53 There's a lot of different uses they can put there.
06:27:55 And we don't know what they are going to put there.
06:27:57 All we can decide on is whether or not we agree to allow
06:28:01 them to have the zoning or not have the zoning.
06:28:03 We can't say that you are going to have one thing or another
06:28:06 there.
06:28:08 I don't know if it's as clear as mud to you as it is to me
06:28:11 but that's pretty much where we are at.
06:28:15 Mrs. Feeley or Mrs. Kert, if there's anything that I am
06:28:17 messing up please let me know.
06:28:19 But that's where we are at right now.
06:28:21 So I wanted you to have your say based on what we knew
06:28:24 ourselves, too.
06:28:24 >> Correct.
06:28:25 So as far as right now, it's going to stay as it is, going
06:28:30 to park their vehicles during working hours like they have
06:28:33 been doing, pretty.
06:28:35 What you are seeing now.
06:28:36 So if the zoning do go through, they are going to have to
06:28:39 build a brick wall to put whatever cars that they are not
06:28:46 working on, or like a junkyard.
06:28:49 >>MIKE SUAREZ: No, not quite.
06:28:50 But what we are saying is that once they get -- because they
06:28:54 are already in -- they are not in compliance right now.
06:28:57 >> Correct.
06:28:57 >>MIKE SUAREZ: So they would have to put the wall up if
06:28:59 they get the zoning.
06:29:01 If they continue to put cars there that will be worked on.
06:29:05 So that's part of the zoning process.
06:29:07 They can't do it now necessarily.
06:29:10 They need the zoning permission to be in compliance.
06:29:13 That's what they want to do.
06:29:16 And that's everything I have gathered from what both the
06:29:18 petitioner said and much from our staff.
06:29:21 Go ahead.
06:29:22 >>ABBYE FEELEY: Land development.
06:29:23 If I may, maybe I can share with her the use table but a
06:29:26 junkyard is not allowed in CRA.
06:29:30 A junkyard would not be permitted out there where they are
06:29:33 pulling parts off of a car or something.
06:29:35 But open storage would require additional buffering.
06:29:38 A parking lot where employees or others are parking there
06:29:43 right now, that's going to require the wall and 15 feet, and
06:29:47 also require that the lot is improved with wheel stops,
06:29:50 landscaping, you know, and made a legal use on the property.
06:29:53 >> When you say cars, that's all -- it's been months and
06:30:02 years and years.
06:30:03 >> They can't be parked there overnight, though.
06:30:05 >>MIKE SUAREZ: It would be a code enforcement violation.
06:30:08 >> In other words, they couldn't --
06:30:14 >>MIKE SUAREZ: Overnight a little bit too much because
06:30:16 obviously if they are doing vehicle repair you probably
06:30:18 could but you can't have thereto for months and months
06:30:21 without it moving and that kind of thing.
06:30:24 >>ABBYE FEELEY: It will also depend on what legal use they
06:30:26 come in for. If they come in for a parking lot, a principal
06:30:30 parking lot, then they may not park cars there overnight.
06:30:34 So that would not be allowed.
06:30:36 It all depends on what the applicant puts in as a legal use
06:30:39 for permitting.
06:30:42 Once that's established we will be able to answer those
06:30:45 questions better.
06:30:46 >> There are two steps.
06:30:47 One finance we pass the zoning tonight and then for their
06:30:50 particular use they will have to come back and make it part
06:30:54 of that use.
06:30:54 >> So, in other words, it will be another year before --
06:31:00 >>MIKE SUAREZ: Not another year.
06:31:01 It would go administratively through the city.
06:31:03 >> Would I speak on that as well?
06:31:10 >> Not publicly like here.
06:31:12 It would be noticed but they would have to know what it is.
06:31:16 But now that they have certain criteria. They can't just do
06:31:19 whatever they want there.
06:31:20 And that's probably the best way for you.
06:31:23 >> Okay.
06:31:24 >>MIKE SUAREZ: Mr. Reddick?
06:31:28 >>FRANK REDDICK: Thank you.
06:31:29 Let me suggest that the petitioner meet with the property
06:31:36 owner and give her some type of understanding on which
06:31:41 direction you are planning on going.
06:31:42 >> I can't -- I don't know what my --
06:31:47 >>FRANK REDDICK: Do they have a time frame in which they
06:31:50 have to make a decision what they are going to do for the
06:31:52 particular property if it passes tonight?
06:31:56 >>ABBYE FEELEY: Land development.
06:31:57 No.
06:31:57 I mean, once you pass through zoning, it is then a
06:32:01 commercial intensive use of property.
06:32:06 The impetus that brought them here, the code violation of
06:32:08 the parking of vehicles, either they remove those vehicles,
06:32:14 and then there is no longer a violation, or they rezone,
06:32:18 which they are attempting to do this evening.
06:32:21 And then from there they have the right, now, to legally go
06:32:25 ask for a permit or apply for a permit to legally establish
06:32:28 the parking lot, which when I met with the owner and he came
06:32:31 in and we had this discussion about how to proceed, that was
06:32:35 my understanding, was that they had -- his family owned the
06:32:44 property for 40 or 50 years, maybe longer than that.
06:32:47 They have been parking there.
06:32:48 Their employees and other things had to park in there.
06:32:51 They were cited.
06:32:53 How do we rectify?
06:32:54 I said first of all remove the cars.
06:32:56 That's your first choice.
06:32:57 And then that would remove the violation F.that's not your
06:33:01 intent, given you are on Martin Luther King, it is a
06:33:04 commercial corridor, other things are going there, you have
06:33:07 the ability to zone to a commercial category, and once you
06:33:11 are zoned to that commercial category you could apply for a
06:33:14 permit for a commercial parking lot.
06:33:16 You will need to make the improvements at that time
06:33:19 associated with that permit, landscaping, paving, trees, all
06:33:24 of those other, buffers, all of those things.
06:33:27 But you can't apply for that permit until the property
06:33:30 becomes commercial because under our residential it's not
06:33:33 allowed.
06:33:35 So that's how the application got before you this evening in
06:33:38 the way that it did.
06:33:39 >>MIKE SUAREZ: Any other questions from council?
06:33:44 Ma'am, I want to make sure that you have a better
06:33:47 understanding now as to what this hearing is about, part of
06:33:51 the reason Inn stopped you so that we could try to explain
06:33:54 some of it.
06:33:55 And I would suggest that between the first and second
06:33:58 reading, I think if it does go forward, I would suggest to
06:34:04 counsel to meet with her to discuss some of the options that
06:34:09 the owner of the property might be looking at.
06:34:12 >> Be happy to do so.
06:34:14 I hate to box him in though, because he real doesn't --
06:34:17 >> No, in zoning he has a lot of choices but he must have
06:34:21 some idea of what he wants to do.
06:34:22 >> Right.
06:34:23 And it may be a parking locality but he may want to develop
06:34:26 it with a commercial building.
06:34:26 >> I totally understand.
06:34:28 Ma'am, I want to make sure you had enough time to have your
06:34:31 say.
06:34:33 It's a little bit difficult because you didn't understand
06:34:38 what was going on at first but if you have anything else you
06:34:41 can step forward and I will afford you --
06:34:43 >> I understand now.
06:34:45 Thank you.
06:34:46 >>MIKE SUAREZ: Thank you, ma'am.
06:34:47 I appreciate it.
06:34:47 Is therein anyone else in the public that would like to
06:34:49 speak on item number 3?
06:34:51 I have a motion to close from Mr. Maniscalco.
06:34:53 I have a second from Mr. Cohen.
06:34:55 All in favor of that motion please indicate by saying aye.
06:34:58 Any opposed?
06:34:59 Mr. Maniscalco, will you kindly take number 3?
06:35:03 >>GUIDO MANISCALCO: I have an ordinance being presented for
06:35:05 first reading consideration, an ordinance rezoning property
06:35:07 in the general vicinity of 203 and 205 east Dr. Martin
06:35:11 Luther King Boulevard in the city of Tampa, Florida and more
06:35:15 particularly described in section 1 from zoning district
06:35:17 classifications RS-50 residential single-family to CI
06:35:20 commercial intensive, providing an effective date.
06:35:22 >>MIKE SUAREZ: Thank you.
06:35:24 I have a motion from Mr. Maniscalco.
06:35:26 I have a second from Mr. Cohen.
06:35:28 All in favor of that motion?
06:35:30 Any opposed?
06:35:33 >>THE CLERK: The motion carried with Capin being absent at
06:35:36 vote.
06:35:36 Second reading and adoption will be on August 25th at
06:35:39 9:30 a.m.
06:35:40 >>MIKE SUAREZ: Thank you.
06:35:41 Item number 4.
06:35:42 >>ABBYE FEELEY: Land Development Coordination.
06:35:46 Item number 4 on your agenda this evening is REZ 16-71.
06:35:52 It is a request from PD, planned development, residential
06:35:58 single-family, to RS, residential single-family.
06:36:02 And just a little bit background on this case.
06:36:10 This was rezoned for single-family residential in 2006, and
06:36:14 there were some odd conditions on the plan related to
06:36:17 one-car garages that the houses could only have a one-car
06:36:21 garage and a couple other things, that looking back through
06:36:25 the record I could not determine whether or not those were
06:36:28 council conditions, applicant conditions or whatever.
06:36:32 So when the applicant came to me related to the property, we
06:36:36 looked at that since we couldn't figure that out and said,
06:36:40 if you can meet all the requirements of the RS-50, maybe
06:36:44 it's best to just put it to an RS-50, and then it's not a
06:36:47 matter of the one-car garage, two-car garage thing.
06:36:50 So that's what's before you tonight. This was zoned for
06:36:53 three single-family residences.
06:36:56 It's still asking for that under the RS-50 before you this
06:36:59 evening.
06:36:59 >>DAVID HAY: Planning Commission staff.
06:37:06 I have been sworn.
06:37:08 The subject site is located in the South Tampa planning
06:37:12 district, Port Tampa city.
06:37:17 It is located within the coastal high hazard area.
06:37:21 It is of course in the coastal high hazard area, evacuation
06:37:26 level A zone.
06:37:29 Also, the closest public recreation facility is
06:37:33 approximately 600 feet to the northwest.
06:37:35 The southwest Port Tampa park.
06:37:40 Transit is provided by the 19 in the neighborhood.
06:37:47 Onto the aerial.
06:37:48 The subject site, you can see the surrounding area is mostly
06:37:51 wooded.
06:37:53 There is actually some single-family residential north along
06:37:56 south O'Brien street.
06:37:58 And then right here is the border with MacDill Air Force
06:38:01 Base.
06:38:03 Onto the future land use category.
06:38:06 The subject site is right in the center.
06:38:09 The tan color which is subject site designated residential
06:38:14 10.
06:38:14 There is some light industrial plan uses, resident piece as
06:38:19 round there.
06:38:19 But as you can see from the aerial, none are developed.
06:38:22 They are all wooded.
06:38:28 To the south we have the public quasi-public MacDill Air
06:38:31 Force Base.
06:38:31 The comprehensive plan generally promotes the residential
06:38:34 in-fill within the city's established residential
06:38:36 neighborhood.
06:38:38 This portion of the Port Tampa city neighborhood has seen a
06:38:40 number of residential units built over the past 15 years.
06:38:44 The proposed rezoning will continue that trend.
06:38:48 The subject site is located within the coastal high hazard
06:38:51 area.
06:38:53 It does have a density of 8.8 units per acre which is below
06:38:56 of that 10 that is established under the residential 10.
06:38:59 Therefore, overall, Planning Commission staff found the
06:39:02 requested rezoning is comparable and compatible with the
06:39:05 existing neighborhood character and furthers the intent of
06:39:08 the comprehensive plan.
06:39:09 So based on that, staff at this time, the finds Tampa
06:39:13 proposed rezoning consistent with the comprehensive plan.
06:39:19 >>ABBYE FEELEY: Thank you, David.
06:39:22 Abbye Feeley, Land Development Coordination.
06:39:25 The request before you, REZ 16-716 is located at 7707, 7709
06:39:32 and 7711 site O'Brien street.
06:39:35 On the zoning atlas, there is a PD for single-family.
06:39:40 It was these three lots and these two lots that ran together
06:39:46 because the remainder of the area is industrial general.
06:39:49 Interestingly enough, there are single-family residences out
06:39:53 there.
06:39:55 And of course MacDill Air Force Base directly -- the
06:40:03 street is actually an improved street.
06:40:07 You don't get to a street which is north of that.
06:40:12 David showed you the aerial.
06:40:14 Again, there is one single-family residence on the east
06:40:17 side, further towards the base.
06:40:21 There are two directly north so you will get that canal
06:40:25 right-of-way which is not an improved street.
06:40:27 And then single-family residence -- residential.
06:40:33 This is west.
06:40:39 Ashton Woods area and also some newer residential that is
06:40:42 constructed over on Shamrock and further to the east.
06:40:54 I have a few pictures.
06:40:56 The applicant is here this evening.
06:40:59 Here is the property.
06:41:06 The property.
06:41:07 This is the west side of the street.
06:41:12 That's the east side of the street.
06:41:22 There's the east side.
06:41:24 There's the one residence down immediately adjacent to
06:41:26 MacDill.
06:41:27 This is to the north of the subject.
06:41:29 And they are moving some houses kind of like this.
06:41:40 Interesting.
06:41:41 This is in a flood prone area so it does require an
06:41:44 elevated, they kind of raised the foundation, but the garage
06:41:52 is more at the ground level.
06:41:53 So they have a couple of these under construction.
06:41:58 On the same street.
06:42:00 So I just wanted to bring a point of reference.
06:42:16 Staff did find the request consistent as I mentioned.
06:42:18 It was zoned in 2006 for single-family residential.
06:42:22 And they are requesting single-family residential on a 50 by
06:42:25 100 lot.
06:42:26 >> Questions by council? Petitioner?
06:42:40 >> Alliston Frank, the manager of real equity corporation,
06:42:46 and Mr. Warren Rand who couldn't be here today.
06:42:50 As with the last application, I thank the city staff for
06:42:54 their thoughtful submission.
06:42:56 I don't know how much I have to add to that other than to
06:42:59 say that basically real equity corporation has been active
06:43:02 in Tampa since 2012.
06:43:04 About two years ago we started redeveloping the Port Tampa
06:43:08 area, almost exclusively.
06:43:10 In terms of this particular lot, we built 7 houses down
06:43:13 there so far in the last year and a bit. In terms of this
06:43:19 particular -- the only thing I would add is this map shows
06:43:26 land use.
06:43:27 We have already developed these two lots here with similar
06:43:31 houses.
06:43:32 And two more lots down here.
06:43:36 The additional one on the corner.
06:43:40 In that regard we just suggested -- well, we didn't want to
06:43:44 go with the single car garage type of plan. We do suggest
06:43:47 the double car garage and allowing us to develop consistent
06:43:51 where other houses will be more consistent with the uniform
06:43:54 development in the area.
06:43:58 Et cetera.
06:44:01 Other than that, those are my respectful submissions.
06:44:05 I'll take any questions you might have.
06:44:07 >>MIKE SUAREZ: Any questions from council on this
06:44:09 particular petition?
06:44:10 Is there anyone in the audience that would like to speak on
06:44:12 item number 4, REZ 16-717?
06:44:16 >>CHARLIE MIRANDA: Move to close.
06:44:18 >> Second.
06:44:18 >>MIKE SUAREZ: I have a motion to close by Mr. Miranda.
06:44:21 I have a second from Mrs. Montelione.
06:44:23 All in favor of that motion?
06:44:25 Any opposed?
06:44:27 Mr. Cohen.
06:44:32 Kindly take number 4.
06:44:33 >>HARRY COHEN: Move an ordinance being presented for first
06:44:36 reading consideration, an ordinance rezoning property in the
06:44:40 general vicinity of 7707 and 7709 and 7711 south O'Brien
06:44:47 street in the city of Tampa, Florida and more particularly
06:44:49 described in section 1 from zoning district classifications
06:44:52 PD planned development, residential, single-family, to RS
06:44:55 350, residential single-family, providing an effective date.
06:44:57 >> Second.
06:44:59 >>MIKE SUAREZ: Motion by Mr. Cohen.
06:45:01 A second from Mr. Miranda.
06:45:03 All in favor of that motion?
06:45:05 Any opposed?
06:45:05 >>THE CLERK: Motion carried unanimously.
06:45:08 Second reading and adoption will be on August 25th at
06:45:11 9:30 a.m.
06:45:12 >>MIKE SUAREZ: Thank you.
06:45:14 Item number 5.
06:45:14 >>ABBYE FEELEY: Land Development Coordination.
06:45:21 Item number 5 on your agenda is REZ 16-11.
06:45:27 It is located at 3109 and 3115 West Swann Avenue and 3110
06:45:33 and 3112 west DeLeon street.
06:45:37 The request before you this evening is from an RO-1
06:45:41 residential office and RM-24 residential multiple family to
06:45:47 PD, planned development, office, medical and business
06:45:50 professional.
06:45:53 There are three waivers with this request before you
06:45:55 tonight.
06:45:56 The first is to reduce the required parking from 154 spaces
06:46:01 to 115 to be -- waiver needs to be added between first and
06:46:07 second reading.
06:46:07 The second is to allow commercial traffic access to a local
06:46:10 street west of DeLeon street, and the last is to reduce
06:46:14 the required use buffers.
06:46:17 To the west property line from 15-foot with a 6-foot wall to
06:46:20 5-foot with a PVC fence, 192.16 feet.
06:46:27 The west property line from 15-foot with a 6-foot concrete
06:46:31 wall to 4-foot with a PVC fence adjacent to the existing
06:46:35 medical office to be revised in between first and second
06:46:40 reading.
06:46:42 And the third, the north property line 160.89 feet from
06:46:48 15-foot with a 6-foot concrete masonry wall to 5-foot with a
06:46:51 6-foot PVC fence.
06:47:06 >> Jennifer Malone, Planning Commission staff.
06:47:12 It was sent in earlier this year so we had to review it
06:47:15 under our 2025 comprehensive plan.
06:47:17 It's 1.75 acres located on Swann Avenue.
06:47:24 In evacuation zone C.
06:47:28 There is an aerial of the site.
06:47:32 Here is Henderson.
06:47:34 South MacDill.
06:47:36 And Swann Avenue right here.
06:47:48 The area is directly to the north.
06:47:50 I have detached single-family to the south.
06:47:54 Swann Avenue has several medical offices along it.
06:47:57 And then the hospital is located over here.
06:48:01 Here is the future land use map of the site.
06:48:07 The yell or is residential 6.
06:48:11 The dark brown is right here, residential 35, and the blue
06:48:20 is the public quasi-public.
06:48:26 Hospital.
06:48:26 This is the community mixed use 35.
06:48:29 Overall we did find the rezoning comparable and compatible
06:48:33 with the comprehensive plan and with the surrounding area.
06:48:35 I'm available for any questions.
06:48:36 >>HARRY COHEN: Any questions from council members of the
06:48:41 Planning Commission staff?
06:48:44 Mrs. Feeley?
06:48:48 >>ABBYE FEELEY: Thank you, Councilman Cohen.
06:48:51 The request before you as stated was from RO 1 and RM-24 to
06:48:57 PD planned development, office, medical, business
06:48:59 professional.
06:48:59 The site is approximately 1.75 acres and is currently
06:49:03 occupied by two medical offices.
06:49:09 The one medical office on the east of the site -- this is
06:49:15 the site plan before you for consideration this evening.
06:49:18 There is an existing building in this area.
06:49:21 That building would be demolished and a new office building
06:49:24 would be constructed in this location.
06:49:34 The site is occupied by 2001 medical offices, 2750 one-story
06:49:40 building constructed in 1953.
06:49:42 The one I just indicated.
06:49:44 That would be demolished.
06:49:46 Then an 11,044 square foot built in 1988.
06:49:53 The applicant proposes to demolish the 2750 and construct a
06:49:57 three-story, 14,560 square foot business professional office
06:50:03 and/or medical office building on surface parking spaces
06:50:07 adjacent to the north of the building with access on west
06:50:11 DeLeon.
06:50:12 The existing 1717 that you square foot building would
06:50:15 remain, and the combination of the two buildings would allow
06:50:18 for a maximum of 25,605 square feet for medical office use.
06:50:25 That being said, the parking would be calculated at the
06:50:29 worst case scenario of all of that being medical, requiring
06:50:32 the 154 spaces required, and there are 115 spaces being
06:50:38 proposed on-site.
06:50:40 The proposed PD setbacks of the building are a 20-foot
06:50:43 front, a 4.4-foot side, and that side is existing here, and
06:50:53 then a rear of 8-foot 4 feet based on the existing
06:50:58 conditions here.
06:51:02 Maximum building height is proposed at 45 feet.
06:51:05 This would be an F.A.R. of .34.
06:51:08 Vehicular access is on Swann and a one way in and one way
06:51:15 out on DeLeon which this is request waiver for access to
06:51:20 the local street.
06:51:24 There's attached single-family residential town home uses
06:51:26 within the RM-24 and PD zoning to the north and west, a
06:51:30 funeral home with RO 1 and zoning to the east and detached
06:51:35 single-family uses to the south along West Swann.
06:51:40 Here is the aerial of the site.
06:51:52 Zoom in a little bit.
06:51:55 South MacDill Avenue to the east.
06:51:57 This is -- you are familiar with.
06:52:03 Also the funeral home is located here with their associated
06:52:06 parking, in and out here.
06:52:08 The subject site is in yellow.
06:52:12 This piece, this is a PD that was done back, I believe, 2010
06:52:19 or '11, townhomes.
06:52:23 Those -- six townhomes have been constructed.
06:52:27 And there is residential surrounding the area.
06:52:34 There is the site.
06:52:42 The zoning atlas of the site.
06:52:45 If it's the split, the RO 1 shown in green.
06:52:49 The RM, that small sliver there.
06:52:51 Commercial general, MacDill, and the dividing line on
06:52:58 Swann, this is Parkland Estates to the south, which you will
06:53:02 see there is a view on Swann.
06:53:07 I have some pictures of those, internal lots that face in,
06:53:17 and the rears on Swann.
06:53:19 There is a series of PDs that did not comply with Parkland
06:53:24 Estates overlay and high pressure the opportunity to PD at
06:53:29 that time.
06:53:29 That's why you see a smattering of PDs within that area of
06:53:32 Parkland Estates.
06:53:36 I will show you pictures of the site.
06:53:41 This is the subject property.
06:53:46 This is the existing that would remain.
06:53:50 This would be demolished.
06:54:02 >>HARRY COHEN: Aside from the fact we are generally not
06:54:04 going to take comments from the audience, that doesn't look
06:54:07 like -- is that a medical building?
06:54:10 >> That's two offices.
06:54:12 >>HARRY COHEN: Is that what that is?
06:54:15 >> Yes.
06:54:15 >>HARRY COHEN: Oh, there we go.
06:54:21 Thank you.
06:54:22 >>ABBYE FEELEY: These are the townhomes, the PD on the
06:54:25 west.
06:54:28 This is an entry -- I'm sorry.
06:54:34 Yes, that is an entry to the subject property.
06:54:37 This is the parking lot to the east of the subject property.
06:54:41 The funeral home.
06:54:44 This is at the northwest intersection of Swann and
06:54:49 MacDill.
06:54:49 This is the northern part of the existing property.
06:54:54 Of the subject site.
06:54:57 This is a look -- that was in this area.
06:55:05 I am now going to show you the rear of the subject property.
06:55:14 This is a view from inside the subject property looking west
06:55:18 toward the existing office building.
06:55:22 And now on Swann looking south across the street from the
06:55:26 subject.
06:55:30 These are along Swann.
06:55:36 And the reason for the subject's request, Land Development
06:55:38 Coordination found the request inconsistent.
06:55:42 It required site plan modifications.
06:55:44 But in addition to that it found the requested parking
06:55:47 reduction of 25% to be excessive in relation to the
06:55:52 surrounding area.
06:55:56 So there were corrections that needed to be made to the site
06:56:00 plan should council approve the parking waiver, that was to
06:56:04 be revise the waiver table on page 1, to revise the site
06:56:08 address to 3109 and 3115 west Swann Avenue and 3110 and 3112
06:56:15 west DeLeon street, to add a note that references the
06:56:18 approval of the alternative driveway design for a minimum
06:56:21 distance requirement per DET-16-000028, and also to revise
06:56:29 the building areas in the site data table.
06:56:34 Natural resources found the request consistent and
06:56:40 transportation found the request inconsistent, they found
06:56:44 the parking reduction and the request for local access to be
06:56:49 inconsistent with code.
06:56:51 They also had changes that needed to be made in between
06:56:55 first and second reading should it be the pleasure of
06:56:59 council to approve the excessive waivers.
06:57:05 Lastly the property has been operated under a board of
06:57:08 adjustment, and board of adjustment use approval from
06:57:14 1992 -- I'm sorry, from 1974 to the conversion of the
06:57:19 existing residential structure to office.
06:57:22 The applicant seeks to demolish that structure and construct
06:57:26 a new three story office building as I have described.
06:57:30 Lastly, it's findings of land development were also under
06:57:34 number 6 on page 5 of your report.
06:57:37 But staff does not support the waiver request for reduced
06:57:41 parking spaces as the use senior necessitating additional
06:57:47 parking.
06:57:48 We are available for any questions.
06:57:49 >>MIKE SUAREZ: Thank you.
06:57:50 Any questions from council at this time?
06:57:52 Petitioner?
06:57:53 >>STEVE MICHELINI: I'm here on behalf of Dr. Degino.
06:58:14 Than the proposal to demolish an existing medical office
06:58:21 building that Abbye referred to from the front portion of
06:58:29 Swann Avenue and to replace it with a three-story
06:58:32 replacement building.
06:58:35 The reason we are in need for a parking waiver is because
06:58:40 the third level of this building is for eye equipment, for
06:58:45 the computers and for the storage of records.
06:58:48 It's not an occupancy area, and we discussed that with
06:58:52 staff, and then last week they advised us that they wanted
06:58:55 us to include that as occupied office space as well.
06:59:00 So if you do not count that, then we meet the parking
06:59:04 requirement.
06:59:06 This is a 1.75-acre site, and we are removing
06:59:11 approximately -- there's one building 27507 square feet, and
06:59:15 then there's another building on DeLeon that faces
06:59:22 DeLeon, about 1200 square feet of space.
06:59:26 We are asking for an access drive.
06:59:29 It's not the principal access drive onto DeLeon.
06:59:32 And this is a view looking to the east from the approximate
06:59:41 location of that driveway.
06:59:42 It would be going eastbound from MacDill which is less
06:59:47 than half a block away and it would be passing other
06:59:50 commercial businesses on the south side and multifamily on
06:59:53 the north side.
06:59:58 This project came about because the existing office building
07:00:07 which in a single-story brick structure is no longer
07:00:12 feasible to be maintained as a medical office.
07:00:16 The appointments that are scheduled for the individuals to
07:00:19 come in allow for staggering of the need for additional
07:00:24 parking.
07:00:25 We also have the parking available all the time.
07:00:29 So when you apply the parking standard of 6 per 1,000, for
07:00:34 all the square footage, 100% of the time, you are requiring
07:00:39 more parking spaces than one actually be used typically on
07:00:43 any given day.
07:00:45 The principal use is medical and general professional
07:00:49 office.
07:00:51 We did receive a design exception on the driveway access
07:00:54 already.
07:00:55 And we will note that in our plan, our revised site plan.
07:01:07 As it exists right now, there is a surface parking that
07:01:09 occurs in this area.
07:01:11 All of that would be improved and become permanent surface
07:01:14 parking.
07:01:16 There is an existing retention pond that would be
07:01:18 incorporated into a vaulted system, or additional
07:01:23 underground and above-ground drainage system.
07:01:27 What we have done is we have taken the grassy parking which
07:01:30 you see.
07:01:38 And that photograph with a retention pond.
07:01:40 And that would be incorporated into permanent parking.
07:01:43 We weren't proposing signage on DeLeon top make that a
07:01:47 principal entrance.
07:01:48 That rather was a safety valve to allow people to get in and
07:01:52 out without backing traffic up on Swann.
07:01:55 Traffic is fairly heavy on Swann.
07:01:58 And we consider that to be more of a hazard than going out
07:02:02 on DeLeon.
07:02:04 In terms of the other waivers regarding the buffer, these
07:02:07 are existing conditions.
07:02:09 Along this side of the property.
07:02:13 That backs up to the funeral home and that's their parking
07:02:16 lot.
07:02:16 So they are not impacted in any respect.
07:02:19 On this side is an apartment building.
07:02:21 And that's an existing wall and fence.
07:02:24 And we were asking for that to remain as well as existing
07:02:27 conditions here.
07:02:29 So in meeting with the staff including the Planning
07:02:32 Commission, we talked about this for several months.
07:02:36 It was recommended that we push the redevelopment project up
07:02:39 into this area alone and push it up towards Swann Avenue.
07:02:45 And then the accesses would be there as well.
07:02:47 Also, it would give immediate access to Memorial Hospital
07:02:52 which is right down the street and also in onto MacDill
07:02:56 up to the women's hospital, and then straight down Azeele if
07:03:01 they were going to Tampa General.
07:03:03 So it's an ideal location for a medical office building.
07:03:08 And we believe that the size, scale of the structure is
07:03:11 compatible with what's already existing in the immediate
07:03:14 vicinity.
07:03:14 I would certainly be happy to answer any questions you might
07:03:17 have.
07:03:17 I reserve comments to address any questions.
07:03:22 >>MIKE SUAREZ: Any questions at this time?
07:03:24 Mrs. Montelione?
07:03:25 >>LISA MONTELIONE: Thank you.
07:03:26 So on this site plan it says unfinished third floor on the
07:03:33 new building that's going to be constructed.
07:03:35 >> That's correct.
07:03:36 >>LISA MONTELIONE: And the other building, the existing
07:03:38 one, says unfinished upper story.
07:03:40 >>STEVE MICHELINI: That's correct.
07:03:41 >>LISA MONTELIONE: So since the existing building is
07:03:44 already there, what is that unfinished upper story, second
07:03:50 floor, third floor?
07:03:52 >>STEVE MICHELINI: It's storage and also medical equipment.
07:03:54 We had to incorporate that square footage plus the
07:03:58 unfinished third floor of both buildings into this plan and
07:04:02 had to count that as medical office square footage.
07:04:05 >>LISA MONTELIONE: It's just medical equipment.
07:04:09 Is that equipment that doesn't work anymore?
07:04:12 Is it equipment --
07:04:13 >>STEVE MICHELINI: No, it's active equipment.
07:04:16 Some of it is stored equipment that they are moving in and
07:04:19 out to different offices.
07:04:22 It's also storage and retention for clients.
07:04:26 It air conditioned storage.
07:04:27 >>LISA MONTELIONE: I have worked in buildings before where
07:04:31 we stored our records up in the attic, and it was
07:04:37 unfinished.
07:04:38 I mean, you know, with the plywood floor and lights and air
07:04:43 conditioning.
07:04:44 So when you said medical equipment, that made me hesitate,
07:04:50 because you don't necessarily visit medical equipment, you
07:04:54 either use it or you sell it.
07:04:56 >>STEVE MICHELINI: Well, I can only tell you what they have
07:05:01 advised me that it was computers, it's office storage,
07:05:04 medical records, with some of the high tech equipment they
07:05:10 require very large generators and things that have to
07:05:15 power --
07:05:16 >>LISA MONTELIONE: I get that.
07:05:18 I was again thrown by the medical equipment.
07:05:21 And I know that we don't -- or staff, I'm sure that has
07:05:28 requested that it stays on the site plan, not that it's
07:05:33 unfinished, but that it's storage.
07:05:37 The problem here, you know --
07:05:40 >> We have to change that as if it were occupied medical
07:05:43 office space.
07:05:44 >>LISA MONTELIONE: Well, right.
07:05:46 And anytime you decide to finish it, and this is already
07:05:50 approved, you can't.
07:05:54 It becomes a site plan, that is -- Abbye, I mean, if it's
07:06:01 going to be storage, it needs to stay storage, correct?
07:06:04 >>ABBYE FEELEY: Land Development Coordination.
07:06:07 When the report came to me for this case from Mary, I
07:06:11 reviewed it.
07:06:12 I looked at that.
07:06:13 I have learned my lesson through enough PDs to know if it's
07:06:17 squire footage we need to call it square footage.
07:06:20 Our parking ratios taken into account that offices have
07:06:24 storage areas, that they have bathrooms, that they have
07:06:28 other things, so I don't feel comfortable calling things out
07:06:34 and limiting them as storage only.
07:06:37 We got away from that because down the road it caused huge
07:06:40 issues where, okay, we showed you a 25,000 squire foot
07:06:46 building.
07:06:47 Yes, that third floor was storage, but now we want it to be
07:06:49 office, and that is a use.
07:06:51 And then we run into a parking problem.
07:06:54 So it's part of the building.
07:06:56 It could potentially be built out.
07:06:57 And it should be accounted for for parking.
07:07:00 And I want the unfinished attention off because it doesn't
07:07:03 need to be that way.
07:07:04 >>LISA MONTELIONE: Well, is there a way -- if they change
07:07:10 the word unfinished storage, if they pulled a building
07:07:16 permit in order to finish off that space, because they would
07:07:21 need to pull a permit for the renovation for interior
07:07:24 commercial renovation, that because the site plan says
07:07:28 storage that it would trigger another process?
07:07:33 >>ABBYE FEELEY: It would trigger rezoning.
07:07:34 So it's better to call it what it is today, account for the
07:07:38 potential parking and ask for the waiver like they would.
07:07:40 If not, I don't believe there is a way.
07:07:43 You know, back in the years when Julie and I were practicing
07:07:48 and say --
07:07:51 >>LISA MONTELIONE: I --
07:07:53 >>ABBYE FEELEY: For legal advice on how to Don Do that.
07:07:57 >>LISA MONTELIONE: Either way, but if -- and I believe, you
07:08:00 know, people are telling the truth when they are sworn in,
07:08:03 because they are sworn in to tell the truth -- and that is
07:08:06 storage space, then if they ever come in for a permit to
07:08:12 build it out, then they would have to get it reap zoned in
07:08:15 order to have that permit approved to do the buildout.
07:08:19 >>ABBYE FEELEY: Storage still has a parking ratio. And if
07:08:24 that's what they would like to do they are going to need to
07:08:26 call the two uses out, have that use listed as an allowable
07:08:30 use on the PD and park it per storage.
07:08:32 I mean, if you are including it as part of the building and
07:08:36 saying --
07:08:37 >> One way or the other.
07:08:38 >> That's what I am saying.
07:08:39 >>LISA MONTELIONE: If the applicant wants to call it
07:08:43 storage and have it be storage, there is provision and a
07:08:48 method for that.
07:08:48 It would be park for storage.
07:08:52 Then when they pull 2 permits to do the buildout then they
07:08:56 would have to come back and build the property all over
07:08:59 again.
07:08:59 >> And the third option is have it as an accessory use but I
07:09:03 believe it exceeds than the 20% of the floor area and would
07:09:06 not be allowed as accessory.
07:09:09 So typically, we process it as a worst-case scenario and put
07:09:14 in the front of you and that way to allow appropriate
07:09:17 waivers --
07:09:17 >>LISA MONTELIONE: Thank you.
07:09:18 I just wanted to ask about the alternate tiffs.
07:09:22 Thank you.
07:09:22 >>MIKE SUAREZ: Is there anything else as part of your
07:09:26 petition?
07:09:27 If not, Mr. Cohen would like to ask a couple questions.
07:09:29 >>HARRY COHEN: Well, I just wanted to add to what
07:09:33 Councilwoman Montelione was saying.
07:09:37 We already have a parking problem in this immediate area.
07:09:41 And it's caused by a lot of different factors but it
07:09:46 definitely exists.
07:09:47 And, you know, that's just the reality when we are dealing
07:09:53 with applications.
07:09:55 And I know the other council members are familiar with the
07:09:59 neighborhood that we are looking at.
07:10:00 And it's one which we get an awful lot of correspondence
07:10:05 related to a lot of unanticipated parking overages in the
07:10:15 neighborhood and existing streets.
07:10:17 It's been a pretty consistent theme for the last couple
07:10:22 years.
07:10:23 >>STEVE MICHELINI: This location is one block west of
07:10:25 MacDill.
07:10:27 It's not typically in the area that you are --
07:10:30 >>HARRY COHEN: Actually, I disagree with you.
07:10:34 It's exactly in the area.
07:10:37 On this side of MacDill, some things we have approved,
07:10:42 actually, that have created some big parking problems.
07:10:46 So we are dealing with this in the context of that.
07:10:51 >>MIKE SUAREZ: Any other --
07:10:58 >>CHARLIE MIRANDA: I think what Mr. Cohen is saying, he's
07:11:01 speaking to location northwest corner of MacDill and
07:11:05 DeLeon, and not to name anything, when there's a funeral,
07:11:12 there's an awful lot of cars.
07:11:14 When there's not a funeral, there's no cars.
07:11:17 And I understand the area.
07:11:24 It became a restaurant on the corner.
07:11:26 Rightly or wrongly but the area is just very popular and I
07:11:32 understand that.
07:11:34 I'm just looking at the size.
07:11:35 And I understand the building, doesn't meet the requirements
07:11:42 that the medical professionals want to use.
07:11:44 And maybe to understand the storage, if it's something for
07:11:49 something that's not going to be used.
07:11:50 I don't know if they are going to -- I would imagine what's
07:11:53 there now and what's just west of it, they sell you the
07:11:59 glasses, and if you want to buy them, there or anywhere
07:12:02 else, I would imagine maybe they put the lenses inside the
07:12:06 frame upstairs.
07:12:08 I don't know what they are going to do.
07:12:11 So that's only a suggestion.
07:12:12 I don't know what that floor is going to be up there.
07:12:14 >>MIKE SUAREZ: Any other questions from council at this
07:12:18 time?
07:12:19 Mr. Michelini, you said something that, you know, woke me up
07:12:23 a little bit in Mrs. Montelione mentioned also, which is the
07:12:28 storage itself.
07:12:29 Right now, we have a building that is approximately 11,000
07:12:35 square feet plus the other building which makes it a total
07:12:38 of, I think, 117,044.
07:12:45 A two-story building.
07:12:47 You say the second building is already being used for
07:12:49 storage.
07:12:49 Obviously, because things have become technology, have
07:12:53 gotten to the point where a lot of these records now are
07:12:56 actually put on electronic type of devices, you know, it's
07:13:03 kind of hard to say if it's going to be storage.
07:13:05 I know a little bit some of the medical offices because they
07:13:09 either put it off site because sometimes it's required by
07:13:12 state law to keep some of these records intact, and some of
07:13:15 the medical records, x-rays, things like that.
07:13:18 But typically don't keep it on-site.
07:13:20 One of the things that we know about doctors is they try to
07:13:23 maximize space primarily in order to see more patients, not
07:13:27 less.
07:13:27 And if you are going to be renting you are going to want to
07:13:30 rent more space, not less.
07:13:31 So my guess is -- and you made a comment -- this is the
07:13:35 comment you made -- about if we were to use that as usable
07:13:40 space, we would be able to meet the parking requirements?
07:13:43 Is that what you said?
07:13:47 >>STEVE MICHELINI: If it weren't counted as storage space,
07:13:50 the storage space that we propose is unfinished.
07:13:53 Last week the staff contacted us and said you can't do that,
07:13:57 we want to count it as usable space.
07:13:59 >>MIKE SUAREZ: Got it.
07:14:01 >>STEVE MICHELINI: Recalculate your numbers, and we are
07:14:03 going to have -- you are going to seek a waiver for the
07:14:07 additional parking.
07:14:07 So up until then, we believed that we were meeting the
07:14:11 parking code.
07:14:12 So at this point we have to go back and revisit that idea
07:14:16 and figure out whether we want to reduce that, eliminate
07:14:21 that, get closer to meeting the parking requirement, or how
07:14:24 we are going to address this.
07:14:27 Because this is a very recent issue.
07:14:30 And quite honestly we weren't expecting to have to pick up
07:14:35 the storage that already existed on the other building as
07:14:37 well.
07:14:38 So we got both of those that we have to deal with.
07:14:40 >>MIKE SUAREZ: Right.
07:14:41 It may be -- and this is just thinking outloud here -- that
07:14:46 the method in which the operation is being used might be
07:14:51 better thought out before coming here to start some of these
07:14:54 processes.
07:14:55 That's my only suggestion, because obviously, you know, I am
07:14:59 not going to tell them how to do their business, but at the
07:15:02 same time when you have that much storage and you are
07:15:04 building a new building doesn't make a whole lot of sense as
07:15:07 to why you are building a new building.
07:15:09 That's just an anecdotal ideal from me, nominate for anybody
07:15:12 else's use.
07:15:14 Secondly, the other thing I wanted to get to -- and this is
07:15:16 a little bit different, which is you are going to have
07:15:19 access onto DeLeon, and, you know, DeLeon seems to be --
07:15:26 is being more and more crowded by virtue of the location of
07:15:29 where you are at.
07:15:32 Have there been any traffic studies to find out if there was
07:15:35 an easier way to be able to go on one of the other major
07:15:38 roads as opposed to going to DeLeon, like Swann or
07:15:42 MacDill? Because, you know, I'm not sure if you did or
07:15:45 did not do it.
07:15:46 I'm just curious.
07:15:47 >>STEVE MICHELINI: We don't have access onto MacDill.
07:15:51 We have access on Swann.
07:15:52 And our principal entrance and exit was going to be on Swann
07:15:57 with the signage.
07:15:58 And then we weren't proposing any signage on DeLeon, but
07:16:02 rather that that was an easier way for patients to get out
07:16:07 as opposed to trying to turn left onto MacDill.
07:16:10 >>MIKE SUAREZ: All right.
07:16:12 >>STEVE MICHELINI: Eastbound movement.
07:16:16 Did we conduct a traffic study?
07:16:17 No, sir, we didn't.
07:16:18 The other building is currently leased out.
07:16:21 And Dr. Degino wanted to put his principal practice back
07:16:28 into than the new building.
07:16:31 So he has no control over the other building except he's the
07:16:34 landlord.
07:16:36 And that's not part of his operation.
07:16:38 >>MIKE SUAREZ: Okay.
07:16:39 Any other questions from council at this time?
07:16:42 Okay.
07:16:42 Anything else before we go onto the public, sir?
07:16:46 Thank you.
07:16:47 Is there anyone in the public that would like to speak on
07:16:49 item number 5, REZ 16-11?
07:16:53 Please come forward.
07:16:55 State your name and address.
07:16:58 Yes, ma'am.
07:16:59 >> Good evening, ladies and gentlemen of City Council.
07:17:03 My name is Gina Vann, 3208 west DeLeon street.
07:17:09 I would first lake to thank you for the comments you have
07:17:11 made sort of in support of the issues that you know that we
07:17:15 already have in our neighborhood.
07:17:16 Further to that, never wanted to become a community
07:17:20 activist, never wanted to get involved with anything like
07:17:23 this, but I also never thought that some egregious threat to
07:17:27 my quality of life in my little house, and my little happy
07:17:30 life, would come to me.
07:17:31 So here I am for the second time in front of you all.
07:17:34 One of the things that I did want to make note of, I don't
07:17:37 believe that you were shown a picture of the houses on
07:17:43 DeLeon and the neighboring residential units across the
07:17:46 street and to the left of it.
07:17:48 So that's a bit upsetting but I think you probably have seen
07:17:52 the neighborhood so you know that directly across the street
07:17:54 there are townhomes that you should have seen lovely
07:17:57 pictures of.
07:18:00 So that's a little disturbing.
07:18:04 I do have some traffic study information for you, because I
07:18:07 was working with City of Tampa and with TPD, and I can tell
07:18:12 you that TPD put a speed truck on DeLeon for ten days,
07:18:18 they counted 2,679 cars.
07:18:22 The ones that were going over the 25 mile-an-hour speed
07:18:25 limit, 966 were going 31 to 35, 136 were going 36 to 40, 13
07:18:31 were going 41 to 45 and one was going 73.
07:18:35 This is on residential streets that have no traffic calming
07:18:39 devices, that have no sidewalks, that we can't get support
07:18:43 from PD TPD to get in there and sit there with radar guns,
07:18:47 and issue traffic tickets.
07:18:49 Okay.
07:18:49 So that gives you some numbers to work with.
07:18:51 City of Tampa seems to say that 1400 cars a day on our
07:18:55 little residential street is acceptable.
07:18:59 I personally think it's not.
07:19:01 But again, TPD showed in ten days 27,679 cars.
07:19:06 That is only on DeLeon.
07:19:09 Right smack between Matanzas and MacDill.
07:19:15 And we have lost several good neighbors already over the
07:19:18 problems that you kind of discussed the parking, the
07:19:21 speeding, the traffic, and we know of more that are going to
07:19:27 be leaving soon.
07:19:27 And that's a little bit on -- it's disturbing.
07:19:31 And we recognize that our neighborhood is evolving.
07:19:36 But within the neighborhood, it's a neighborhood.
07:19:39 On DeLeon, on Matanzas, and it should be such, not a
07:19:47 business zone.
07:19:48 The business zone is along the corridors of our neighborhood
07:19:50 like they already are, Swann, MacDill, Henderson.
07:19:55 And speaking of inconsistency just like we discussed the
07:19:58 storage on the third floor to become usable space, the
07:20:02 medical complex could be a dollar store in six months.
07:20:06 Do you have that on your street?
07:20:08 (Bell sounds).
07:20:09 Thank you, ma'am.
07:20:10 Those numbers that you had on the traffic study, is there an
07:20:12 e-mail or something from TPD concerning that?
07:20:15 >> I have it as a text message from the officer.
07:20:18 I do have, though, the findings of the City of Tampa's road
07:20:26 that they put out, where they get the 1400 cars from.
07:20:29 >> I was wondering if you had something that you could put
07:20:33 into the record.
07:20:34 You read it into the record.
07:20:35 >> I'm sorry, I don't have in the writing.
07:20:38 >>MIKE SUAREZ: Thanks very much.
07:20:41 Next, please.
07:20:41 >> Andrea Roshaven, DeLeon street, about one block west on
07:20:49 DeLeon.
07:20:50 I have to say that I was alleges concerned that the Planning
07:20:52 Commission found this consistent, because at the moment, the
07:20:56 future land use map shows that the commercial corridors on
07:21:00 Henderson and MacDill, and this is residential, the
07:21:04 fought, and you are letting PD come up onto DeLeon now.
07:21:11 The ingress and egress onto DeLeon, I mean, is two
07:21:17 large -- two large entrances on Swann.
07:21:20 There's no reason to put traffic onto DeLeon.
07:21:24 Tampa 39 spaces that they are asking for a waiver for, I
07:21:27 don't know whether it's cars are going to park if they are
07:21:30 going to need it because there's no parking on the street on
07:21:33 Swann, or MacDill, so that means that they are coming
07:21:36 into our neighborhood to park, and we already have an
07:21:38 overcrowding problem with parking occurring anyway.
07:21:43 The third floor use is not guaranteed.
07:21:45 They could build it out.
07:21:47 So it become more active for more customers, more offices
07:21:53 that's going on, once you have approved this.
07:21:57 Coming back and rezoning it, where do they get the parking?
07:22:00 There's nowhere else for them to go.
07:22:02 And then for I wanted to comment on in the staff, they
07:22:08 indicated that your stormwater staff found that the site
07:22:14 plan didn't have any proposed connection to the city
07:22:17 stormwater system that they were putting up, and they noted
07:22:21 that outfall, they noted questionable.
07:22:27 That scares me.
07:22:32 So if this property -- if they are going to redevelop it and
07:22:36 right now it's grass lot there, at least store some of the
07:22:39 water.
07:22:40 And they have no plans to put stormwater in that's really
07:22:43 going to take care of what their property is generating,
07:22:47 then that's a problem as well.
07:22:48 So that's pretty much what I have.
07:22:53 I hope that you don't approve it.
07:22:55 I don't want to see commercial from MacDill westward
07:22:59 into our neighborhood.
07:23:00 And that's what's going to happen if you approve that parcel
07:23:03 being rezoned to PD.
07:23:05 Thank you.
07:23:05 >>MIKE SUAREZ: Thank you, ma'am.
07:23:06 Next, please.
07:23:07 >> Carol Crow, 3204-A west DeLeon.
07:23:16 I'm about a block away from the DeLeon entrance on the
07:23:21 other side of Matanzes.
07:23:27 From 2012 the neighborhood has been used for overflow
07:23:30 parking for an establishment on MacDill that received a
07:23:33 waiver for 64 spaces.
07:23:34 Plus a restaurant that did not plan sufficiently for
07:23:38 employees parking and take-out business.
07:23:42 And -- 20 to 25 newly constructed townhouses.
07:23:47 Applicant is aware of experiencing the same frustration as
07:23:50 residents.
07:23:51 There's a sandwich board with a smoke house parking
07:23:56 violators towed at the entrance top 3109 West Swann Avenue.
07:24:01 As has already been noted, we have got parking and traffic
07:24:06 problems on DeLeon, adding to that would be a hardship on
07:24:11 the entire neighborhood.
07:24:13 Thank you.
07:24:13 >>MIKE SUAREZ: Thank you, ma'am.
07:24:15 Next, please.
07:24:15 >> Cathy Franco.
07:24:24 I'm in support of my local neighbors.
07:24:26 And you guys actually have already touched on every point.
07:24:30 That needs to be made.
07:24:31 So just to reiterate, transportation says that there's
07:24:36 inconsistencies with the code.
07:24:38 They are asking for a parking waiver.
07:24:40 They already have a -- we already have a parking flow South
07:24:44 Tampa.
07:24:46 The access drive on DeLeon is already a highly traveled
07:24:50 street.
07:24:52 Speaking from where I live, I know what it's like to deal
07:24:54 with be the traffic.
07:24:56 A 3-story building is a 3-story building.
07:25:00 It can be developed in the future.
07:25:04 You know, something used for storage, they can just develop
07:25:07 that at any time.
07:25:10 And you said in the past that there's been things that you
07:25:14 have approved that you have regretted.
07:25:16 So I ask that you seriously think about the consequences of
07:25:20 this and before making your decision.
07:25:23 Thank you.
07:25:23 >>MIKE SUAREZ: Thank you.
07:25:25 Next, please.
07:25:29 >> My name is Sherrie Heinz, 3208-A DeLeon street.
07:25:35 I moved into the neighborhood about 22 years ago.
07:25:38 And I moved there because it was a nice, quiet area.
07:25:42 Because it was a good community feel.
07:25:46 I have seen at least 207 high-rises built in the area.
07:25:49 People have to live someplace.
07:25:51 I understand that.
07:25:53 I have seen parking become disastrous.
07:25:56 I have seen businesses built up all around me mainly on
07:26:00 MacDill and Swann.
07:26:07 The neighborhood has gone from a nice quiet serene
07:26:11 environment where I felt comfortable walking my dog and
07:26:13 playing with my grandson through to a business cut-through
07:26:17 neighborhood where people don't care about the residents
07:26:19 because they don't live there.
07:26:21 If I moved into a neighborhood that had businesses, that
07:26:25 would be one thing.
07:26:26 But I didn't.
07:26:27 And I can't afford to move because the higher taxes, and I
07:26:32 would have to pay for a move.
07:26:35 And even if these documents are consistent, what about us
07:26:39 residents, our taxes, our property maintenance.
07:26:46 We don't move out of there because we love the area.
07:26:49 We love where we live.
07:26:52 Thank you for your time.
07:26:53 >>MIKE SUAREZ: Thank you, ma'am.
07:26:55 Next, please.
07:26:56 >> My name is Bethany and I live about a block and a half
07:27:04 away where they want to put a parking locality which is
07:27:07 currently a grassy lot and a house which I don't think that
07:27:09 was shown today.
07:27:11 All along DeLeon, I live, I guess, in the brown area.
07:27:15 That's what I have been reduced to.
07:27:16 >>MIKE SUAREZ: Ma'am, if you don't mind give us your
07:27:19 address.
07:27:20 >> 3228 west DeLeon street.
07:27:22 My apologies.
07:27:24 I live at the corner of Lincoln and DeLeon so I get a lot
07:27:28 of traffic.
07:27:28 >>MIKE SUAREZ: Thank you.
07:27:29 >> In addition to what everyone else said, I have invested
07:27:36 my money in my house for the last 13 years and mowed it and
07:27:39 paid to maintain it.
07:27:41 Besides the traffic, the crime, can't walk my dogs anymore,
07:27:47 I worry about the value of my house because it's becoming
07:27:50 where it's business on top of home on top of business on
07:27:53 home which it wasn't before.
07:27:55 And it concerns me.
07:27:58 If Dr. Degino, I wish him success.
07:28:05 However to bring that onto DeLeon, that is now in our
07:28:08 territory where the people that we live and we tried to have
07:28:11 a life, which is pretty difficult when it has businesses on
07:28:17 top of it.
07:28:18 Everyone said everything that I feel already.
07:28:20 So I tried to come up with something new to say.
07:28:23 But I want to express my concerns about the parking lot
07:28:26 coming out onto DeLeon.
07:28:28 >>MIKE SUAREZ: Thank you.
07:28:30 Sir.
07:28:34 >> Tracy Franzera, 3228 west DeLeon.
07:28:40 Two additional comments.
07:28:42 One involving the traffic numbers that were presented
07:28:44 earlier.
07:28:44 That does not include the additional residential buildings
07:28:47 that have been put into place since those numbers.
07:28:50 Numerous multifamily units have been put in.
07:28:53 One planned also on DeLeon is going to increase the
07:28:57 traffic flow alone.
07:28:58 Contrary to council's previous statement it's not on
07:29:03 DeLeon, sometimes the traffic, sometimes it's not.
07:29:06 There's constantly traffic on DeLeon.
07:29:08 It's not a question of what time of day it is.
07:29:11 It's all day long.
07:29:12 Putting that onto DeLeon is going to create that to even
07:29:16 worse than that.
07:29:17 The second statement with that traffic, there are no traffic
07:29:22 control measures from DeLeon onto MacDill.
07:29:26 And with the traffic on MacDill, to DeLeon, it's just
07:29:30 going to create more accidents, dangerous for the people
07:29:34 living there, dangerous for the people, and also there's no
07:29:38 pedestrian throughways on DeLeon.
07:29:42 So that's going to create that hazard as well.
07:29:46 The other thing going through Lincoln just my personal
07:29:50 experience with that traffic; we do live on the corner of
07:29:53 Lincoln and DeLeon.
07:29:54 Myself personally responded to numerous accidents.
07:29:57 As you have heard, speeders are frequent.
07:30:00 Great majority of people are speeding through there.
07:30:02 Ignoring stop signs.
07:30:04 Ignoring traffic.
07:30:06 With additional traffic, I am going to be spending most of
07:30:10 my time responding to accidents.
07:30:11 >>MIKE SUAREZ: Next, please.
07:30:15 Before we go to petitioner for rebuttal, is there anyone
07:30:18 else in the public that would like to speak on item 5, REZ
07:30:22 16-1717? Anyone? Mr. Michelini?
07:30:25 >>STEVE MICHELINI: Um --
07:30:30 >>LISA MONTELIONE: Before he has his final remarks, I want
07:30:33 to add something and maybe he needs to address those.
07:30:37 Abbye, can I ask you a question?
07:30:45 One of the speakers mentioned stormwater.
07:30:52 And I'm looking here at my report.
07:31:00 >>ABBYE FEELEY: Land development.
07:31:04 I did look at the site plan.
07:31:06 There is a note that the development complies with City of
07:31:13 Tampa stormwater technical standard, the volume on-site will
07:31:17 be combined with the new volume to determine the total
07:31:21 retention volume required.
07:31:24 >>LISA MONTELIONE: But there's nothing in the staff report
07:31:28 that indicates stormwater has an issue with --
07:31:33 >> No, our stormwater reviewer, directly for me, and there
07:31:38 was not anything -- they typically will ask what stormwater
07:31:43 standard are.
07:31:45 A final calculation for volume are typically done at a time
07:31:48 of permitting.
07:31:49 The PD does require that a commitment be made as to what
07:31:53 type, where it's going to be, and then if there are special
07:31:57 incidents related to red line areas they go on there.
07:32:01 But I am not aware of anything.
07:32:02 >>LISA MONTELIONE: I didn't remember seeing anything from
07:32:09 stormwater.
07:32:09 >> No, that was DRC.
07:32:12 That's typically when they issue the memorandum.
07:32:14 But I would be happy to talk with Randy between first and
07:32:18 second reading as to whether there are outstanding issues
07:32:20 based on what I have seen.
07:32:23 >>LISA MONTELIONE: I would appreciate that.
07:32:24 Thank you.
07:32:31 >>MIKE SUAREZ: Mr. Michelini?
07:32:33 >>STEVE MICHELINI: Council, we certainly don't want to
07:32:37 cause a neighborhood issue.
07:32:39 And in that respect, the accesses that are being proposed
07:32:42 onto DeLeon will be removed.
07:32:45 We will be revising our site plan to reflect that.
07:32:51 And should council to decide that we can go forward with
07:32:54 first reading.
07:32:55 And we will have to recalculate the storage area and perhaps
07:32:59 reduce that or eliminate it entirely depending on what we
07:33:03 need to do in order to become more compliant with the
07:33:06 parking requirement.
07:33:08 Again, we are not trying to do a shell game here and get
07:33:12 something approved and then turn it into occupiable office
07:33:15 space later on.
07:33:18 We would like to have an opportunity to amend our site plan
07:33:22 to reflect those changes.
07:33:26 And in terms of just the traffic volumes and all that and
07:33:31 anything else going onto DeLeon, they will be eliminated.
07:33:34 We did receive the approval from transportation for the
07:33:38 driveway accesses on Swann.
07:33:41 And so those will be configured to take care of the parking
07:33:46 and the drive aisles coming in and out on Swann.
07:33:49 >>MIKE SUAREZ: Mr. Michelini, let me interrupt you.
07:33:55 >>CHARLIE MIRANDA: President Obama I want to make a
07:33:57 statement.
07:33:57 I don't think no one is saying that you or petitioner or
07:34:00 owner or O are people here are playing a shell game.
07:34:05 >>STEVE MICHELINI: No, no, sir, I was talking about I
07:34:08 didn't want to mislead you and say it was going to become an
07:34:12 office later on.
07:34:13 >>CHARLIE MIRANDA: I don't want you to think we think that.
07:34:15 But I can tell you based on what you just said about no
07:34:19 ingress or egress on DeLeon, the reduction or maybe
07:34:23 elimination of the storage area, the neighborhood that is
07:34:30 compatible with this on Swann Avenue, businesses existing
07:34:35 there a long time, to service the needs, that I have seen
07:34:38 there, all of it, is admirable, the doctor, what he's done,
07:34:45 and however you have circumstances that have changed in the
07:34:49 neighborhood.
07:34:50 Especially to the north.
07:34:53 And that's what I think why the neighbors came here to state
07:34:57 how they felt.
07:34:58 And your statement is now that you are not going to have an
07:35:02 ingress and egress on DeLeon, correct?
07:35:05 >>STEVE MICHELINI: Yes, sir.
07:35:06 >>CHARLIE MIRANDA: Your other statement was the reduction
07:35:08 between first and second reading if at all about the storage
07:35:11 area, correct are?
07:35:13 >>STEVE MICHELINI: About the parking requirements?
07:35:15 >> Parking requirements, yes, sir.
07:35:16 >>STEVE MICHELINI: They would be related to that.
07:35:18 If we going to reduce it or eliminate it so we can get very
07:35:22 close to meeting the parking requirement.
07:35:24 I don't know that we can eliminate the need for a waiver.
07:35:27 But we'll get as close as we can.
07:35:30 When you take off basically much -- it's 4800 square feet.
07:35:42 If you take off 1400 of that, which is one of the floors,
07:35:50 14,000, I'm sorry, if you take off one of those floors,
07:35:56 we'll get very close to meeting the code back to where we
07:35:58 were originally.
07:35:59 >>CHARLIE MIRANDA: I understand.
07:36:02 >>STEVE MICHELINI: And I wasn't trying to bring something
07:36:04 before council that, you know, that was going to cause this
07:36:06 issue.
07:36:07 We only became aware of it after the site plan was filed,
07:36:10 and we couldn't make any changes between that time and
07:36:13 coming to you tonight.
07:36:14 >>CHARLIE MIRANDA: I understand that.
07:36:17 Then the other part, although the stormwater, Mrs. Feeley
07:36:26 spoke to the fact the department was doing that, that should
07:36:28 be met, correct?
07:36:30 >>STEVE MICHELINI: Yes, sir.
07:36:31 There are no waivers that you can obtain for stormwater.
07:36:33 You have to meet the code regardless of what -- even if you
07:36:38 put on a plan that you were planning to waive some
07:36:41 stormwater technical standard, it's not enforceable.
07:36:44 You must meet the code.
07:36:46 And I'm standing before you telling you that we will meat
07:36:48 the code.
07:36:49 We will not cause any off-site flooding conditions.
07:36:54 That are --
07:36:56 >>CHARLIE MIRANDA: That your development is note going to
07:36:58 cause any.
07:36:58 But let me say this about stormwater.
07:37:00 We can't control nature.
07:37:02 And I'm not talking about this project.
07:37:03 All we do when we solve stormwater problems, just from this
07:37:07 to that and the volume of water, the tide coming in, I don't
07:37:10 care where you live, you are going to flood if you are
07:37:13 living in an area right next to the bay.
07:37:16 That's it, Mr. Chairman.
07:37:17 >>MIKE SUAREZ: Thank you.
07:37:19 If I could, council, if I could have him finish his
07:37:23 rebuttal, if there's anything else you have.
07:37:25 >>STEVE MICHELINI: I think those are the major issues.
07:37:28 And I received a number of phone calls from neighbors.
07:37:31 To my knowledge I haven't received any from this group that
07:37:34 indicated they had concerns.
07:37:37 I addressed concerns that I received over the last several
07:37:41 weeks and they seemed to be satisfied with my explanation.
07:37:44 Again, had somebody contacted me and said, hey, you know, we
07:37:47 have a lot of heartburn over this DeLeon exit, or some
07:37:50 other issue, I would have addressed it long before coming
07:37:53 here this evening.
07:37:56 And I apologize to you all for, I guess, for not knowing
07:38:00 about it.
07:38:00 >>MIKE SUAREZ: Thank you, Mr. Michelini.
07:38:02 We have a couple of council members that have questions of
07:38:06 staff.
07:38:07 Mr. Cohen, do you want to go ahead?
07:38:09 >>HARRY COHEN: One question of Mrs. Kert, I think.
07:38:12 Are these the types of changes that can be made between
07:38:14 first and second reading?
07:38:15 >>REBECCA KERT: Legal department.
07:38:17 I have spoken to Mrs. Feeley and she said that the access
07:38:22 and obviously the removal -- I wasn't quite clear what he's
07:38:25 proposing with the second and third floor, but they will
07:38:28 require recalculation of parking so it would need to be
07:38:31 continuously to have those recalculated and they can't be
07:38:34 done here tonight.
07:38:35 >>HARRY COHEN: So the answer is be it has to be at first
07:38:39 reading once it's recalculated.
07:38:40 >>REBECCA KERT: Correct.
07:38:42 >>MIKE SUAREZ: Mrs. Montelione.
07:38:43 >>LISA MONTELIONE: And Mrs. Kert, that's exactly what I was
07:38:47 going to ask you.
07:38:47 I am not clear about what it is you mean by reducing or
07:38:51 removing the storage area, because removing the storage area
07:38:55 would be removing the floor.
07:38:59 >>STEVE MICHELINI: Removing the floor, that is correct.
07:39:05 >>LISA MONTELIONE: And reducing it could be done but again
07:39:07 that would be architectural change to however the building
07:39:11 has been designed.
07:39:14 My question is, whichever route you travel, would have you
07:39:20 be then labeling -- if anything remained, storage, and then
07:39:26 recalculating the parking based on the storage?
07:39:32 >>STEVE MICHELINI: I think based upon the staff's position
07:39:34 that that could be converted to an office.
07:39:40 That's sort of a slippery slope.
07:39:42 So what we are bringing back to you is actual office space
07:39:44 being calculated.
07:39:45 >>LISA MONTELIONE: But the slippery slope would be
07:39:47 eliminated because you would have to pull building permits
07:39:50 in order to finish off the space.
07:39:53 So there is no slippery slope.
07:39:54 >>STEVE MICHELINI: There is in terms of the owner being
07:39:58 tempted to convert something after the fact.
07:40:00 And I don't want to put that burden on someone or a
07:40:05 successive owner who thinks they have a space to use.
07:40:09 I'm respectfully requesting based upon the staff's
07:40:11 determination a continuance, and I respectfully request a
07:40:17 continuance of this hearing so that we can prepare of that
07:40:19 revised site plan.
07:40:20 >>LISA MONTELIONE: Move to continue.
07:40:22 >>MIKE SUAREZ: I think Mrs. Capin also had some questions.
07:40:27 >>YVONNE CAPIN: Thank you.
07:40:29 [Off microphone.]
07:40:36 It's not on.
07:40:38 Thank you.
07:40:42 Possibly reducing, eliminating that third floor.
07:40:48 Then it would have to be recalculated.
07:40:50 But didn't it already, with the existing building that has
07:41:00 the storage -- tell me about --
07:41:03 >>STEVE MICHELINI: It was calculated, the first two floors
07:41:06 were calculated as occupiable space and the parking
07:41:09 calculations were based upon that.
07:41:10 The third floor was identified as unfinished space for
07:41:14 storage, and it was not calculated.
07:41:17 Approximately a week ago, the staff --
07:41:21 >>YVONNE CAPIN: I know, I know.
07:41:22 Okay.
07:41:23 Tell me what needs to be calculated as --
07:41:26 >>STEVE MICHELINI: We are going to go back and try to
07:41:28 figure out how to meet the code, fanned that involves
07:41:30 reducing the size of the building, eliminating a floor, we
07:41:34 are going to have to do that.
07:41:35 I don't want to place a burden on the neighborhood.
07:41:38 The owner doesn't want to place a burden on the
07:41:41 neighborhood.
07:41:41 He's been there for almost 40-something years.
07:41:44 And I believe he's acted responsibly in that area the entire
07:41:52 time.
07:41:52 >>YVONNE CAPIN: Thank you.
07:41:55 If there's no one else to make a motion, I'll make a motion
07:41:58 to continue.
07:41:59 >>LISA MONTELIONE: I just did.
07:42:00 >>MIKE SUAREZ: If we could before we go forward, I have a
07:42:03 question of our legal department before we entertain that
07:42:06 motion.
07:42:07 Mrs. Kert, this is a continuation.
07:42:10 It sound like there may be some very significant changes to
07:42:13 the site plan.
07:42:15 How does that operate in terms of reporting to the public
07:42:18 that there is a continuously public hearing?
07:42:21 Is it a brand new hearing?
07:42:23 How do we work that?
07:42:24 Because all the things that we have talked about seems like
07:42:27 a very significant change in a lot of ways to the plan.
07:42:30 So it's not a small change.
07:42:32 So how do we work that?
07:42:33 >>REBECCA KERT: If you continue the hearing it will be
07:42:38 continuously on the record tonight.
07:42:39 That will be the notice to the neighbors.
07:42:41 Depending upon the changes, certain changes, it has to go
07:42:47 out 30 or 45 days.
07:42:49 So maybe she can speak to that because I don't know the
07:42:52 details of that.
07:42:54 Generally, if it's going to be a new site plan, then you
07:42:57 need to reopen it up to have another full public hearing on
07:43:01 the new site plan.
07:43:02 >>MIKE SUAREZ: That was my question.
07:43:03 I wanted to make sure those members of the public that would
07:43:05 like to speak again on the continuously public hearing,
07:43:08 because the site plan has changed so significantly, will
07:43:11 again have an option to come here and speak begun that new
07:43:14 plan.
07:43:15 >>REBECCA KERT: Yes, sir.
07:43:16 That is correct.
07:43:17 >>MIKE SUAREZ: Terrific.
07:43:17 And I want those members of the public to know now.
07:43:21 Ma'am, you can't speak.
07:43:22 You can't speak.
07:43:23 You can't speak.
07:43:24 No.
07:43:24 Ma'am.
07:43:25 Ma'am.
07:43:25 Ma'am.
07:43:26 You have to -- I'm trying to help you here.
07:43:29 If you listen for a moment.
07:43:30 You will have another shot at talking if we do continue this
07:43:33 hearing.
07:43:34 That is legally what we have to do.
07:43:37 So I just want you to know that you can come back again
07:43:40 whatever the site plan says at that time and make your
07:43:43 opinion known about whatever the new site plan is.
07:43:46 At this time, I believe that the petitioner is asking us to
07:43:49 continue the hearing.
07:43:51 Is that correct, sir?
07:43:52 >>STEVE MICHELINI: Yes, sir.
07:43:52 >>MIKE SUAREZ: That continuation then will probably have a
07:43:56 public notice based on what Mrs. Feeley just said.
07:44:00 Mr. Shelby, what she just said.
07:44:02 Hang on a second.
07:44:03 And then you will have another option to come here again to
07:44:06 speak about the new site plan.
07:44:08 Because he is going to take the site plan off the table
07:44:12 according to him.
07:44:13 So that's where we are at at this point.
07:44:16 So do you have anything else?
07:44:18 Mrs. Feeley, do you have anything else?
07:44:20 >>ABBYE FEELEY: I would need to know from the applicant
07:44:24 when a new site plan could be submitted, because it will
07:44:28 need to go out for a staff review, you know.
07:44:33 If I may for a moment.
07:44:35 You tell me that you are going to close this off now.
07:44:38 There's another reduction in parking.
07:44:41 With the other thing happening.
07:44:43 So at minimum, you would probably be need an October hearing
07:44:50 back with me, in the October evening, in order -- but that's
07:44:55 going to be dependent on when a revised plan can be provided
07:45:01 to staff to allow for review by the review committee.
07:45:09 I think October 13th date.
07:45:12 I believe 30 days prior to that.
07:45:15 I mean, October hasn't come back in yet.
07:45:20 I can check the schedule online as to what date would be
07:45:23 associated with that for a site plan.
07:45:27 An continuance does not require renoticing.
07:45:32 If you request the applicant, I just want to be clear on
07:45:36 that.
07:45:37 Let me check real quick.
07:45:40 >>MIKE SUAREZ: We'll get to that next.
07:45:41 >>STEVE MICHELINI: We'll meet whatever the deadline is for
07:45:46 the October hearing.
07:45:49 I would like to notice the individuals if I can get their
07:45:51 names and addresses for whoever appeared this evening.
07:45:55 We ended up sending out over 500 notices, besides the number
07:45:59 much condominiums, and that's kind of a hardship.
07:46:02 But I would like to meet with them and review that site plan
07:46:06 with them when it's revised if I can get a single contact
07:46:10 person.
07:46:10 >>MIKE SUAREZ: So you are stating now that you will not do
07:46:13 a general notice, you will only want to do a notice to the
07:46:18 individuals that spoke today?
07:46:21 >>STEVE MICHELINI: I would prefer not.
07:46:22 >>MIKE SUAREZ: You would prefer not to?
07:46:23 Mr. Shelby, what is our role in terms of asking him that he
07:46:26 has to do it?
07:46:28 >>MARTIN SHELBY: No, sir, he doesn't.
07:46:29 Normally, your notice to the people who are here today and
07:46:32 the people watching on television is when you announce the
07:46:35 date and the time of the next hearing.
07:46:38 That's legally sufficient, to continue the notice train.
07:46:43 And that's the obligation to the public to be able to let
07:46:47 them know what when the next meeting is.
07:46:50 >>MIKE SUAREZ: Okay.
07:46:51 All right.
07:46:52 Mrs. Feeley, if you could.
07:46:56 >>ABBYE FEELEY: Augusts 19th.
07:46:58 Based on the October 13th cycle, plans are due to us by
07:47:03 August 19th, which is next Friday.
07:47:07 So --
07:47:11 >> November then.
07:47:15 >>ABBYE FEELEY: The next one would be September 16th for
07:47:17 a November hearing.
07:47:18 And then October for a December hearing.
07:47:21 Because those deadlines, you allow for the setting of the
07:47:27 hearing and the 30 days for public notice.
07:47:29 So they run out 42 to 45 days from the time because we have
07:47:34 to be sure it would be able to be set by you.
07:47:40 In order to keep this current, the following Friday, August
07:47:45 25th, time in order to keep it on October and keep it
07:47:52 back before you in a timely manner.
07:47:55 Again, the burden is on the applicant to meet those
07:47:59 deadlines and allow for adequate review by the city.
07:48:01 >>MIKE SUAREZ: Mrs. Capin, any question?
07:48:04 >>YVONNE CAPIN: August 25 would still keep you in October.
07:48:08 Because you do not have the public notice is not necessary.
07:48:13 Okay.
07:48:15 I didn't follow that.
07:48:16 Thank you.
07:48:16 >>MIKE SUAREZ: Mr. Michelini, as to your options, which one
07:48:22 did you want to take so we can move forward and set the
07:48:25 continuously public hearing?
07:48:26 >>STEVE MICHELINI: If I am going to meet with the
07:48:29 neighbors, probably should be November and not October.
07:48:35 I think that we can probably prepare a site plan in time.
07:48:38 But that really wouldn't give us time to have any meaningful
07:48:41 discussion with anyone that's here this evening.
07:48:43 >>MIKE SUAREZ: We greatly suggest that you meet with as
07:48:46 many people as possible in that neighborhood.
07:48:48 Not just the people that are here.
07:48:49 But any of the other ones that have been noticed by mail.
07:48:55 I would suggest -- this is just a suggestion -- that you
07:48:57 find a way to reaching out to as many people as possible.
07:49:01 So the date that you want, sir?
07:49:05 >>STEVE MICHELINI: 11-3?
07:49:08 November 10th?
07:49:09 >>ABBYE FEELEY: November 10th.
07:49:11 I would also asking that typical procedure is for the clerk
07:49:14 to place these items at the end of the agenda of the perhaps
07:49:17 you would ask that that be placed at the beginning so that
07:49:20 these people who were here this evening, you could have this
07:49:26 hearing and they wouldn't have be to sit.
07:49:28 I know our last two cycles have applications of ten new
07:49:33 cases.
07:49:33 And in the interest, that would be your purview as well.
07:49:38 >>MIKE SUAREZ: Mrs. Montelione, you have a question?
07:49:41 >>LISA MONTELIONE: No, just a statement.
07:49:42 Because if it is November 10th, because the way things
07:49:46 are shaping up, you may have only six members of council,
07:49:50 not seven.
07:49:53 That is correct.
07:49:53 >>LISA MONTELIONE: I won't be here.
07:50:00 And I don't know if someone else will be seated in my spot
07:50:03 at that time or not.
07:50:03 >>STEVE MICHELINI: I don't know finance there's another
07:50:06 alternative.
07:50:15 October 3rd --
07:50:16 >>ABBYE FEELEY: November 3rd is the date staff report
07:50:22 is due.
07:50:22 >>LISA MONTELIONE: I was looking and the yellow jumped out
07:50:26 at me.
07:50:27 >>STEVE MICHELINI: I would prefer a full council.
07:50:29 But at the same time I'm not sure what we would do if there
07:50:31 were six members here.
07:50:34 But we have to go forward one way or another.
07:50:40 >>MIKE SUAREZ: Okay.
07:50:41 You are agreed to that then, November 10th.
07:50:43 >>STEVE MICHELINI: Yes, sir.
07:50:44 >>CHARLIE MIRANDA: I move that file number Z-16-11 be
07:50:54 continuously to November 10th, 2016 at 6 p.m. at number
07:50:57 one on the agenda.
07:51:00 To accommodate the neighbors that are here.
07:51:02 >>MIKE SUAREZ: We have a motion by Mr. Miranda.
07:51:05 I have a second by Mr. Maniscalco.
07:51:07 All in favor of that motion?
07:51:09 Any opposed?
07:51:12 Thank you.
07:51:12 >>STEVE MICHELINI: Thank you, council.
07:51:14 >>MIKE SUAREZ: Item number 7.
07:51:35 >>ABBYE FEELEY: Land Development Coordination.
07:51:38 Item number 7 before you this evening is REZ 16-50.
07:51:42 It is located at 91 Davis Boulevard.
07:51:45 The request before you tonight is RM-24 residential
07:51:50 multifamily to PD planned development residential
07:51:54 multifamily.
07:51:55 There is one waiver being requested, and that is to reduce
07:51:59 the required buffer on the eastern property line adjacent to
07:52:04 the single-family residential from 5-foot to 3-foot.
07:52:07 >>DAVID HAY: Planning Commission staff.
07:52:15 I have been sworn.
07:52:17 We are in the central Tampa planning district for this case.
07:52:22 More specifically the Davis Islands urban village.
07:52:26 The subject site is located within the coastal high hazard
07:52:29 area, the whole island is a level A evacuation zone.
07:52:36 Transit is provided on the island by Hart route 19, near the
07:52:43 hospital, and the closest res recreational facility is
07:52:47 Marjorie Park, which is about 200 feet to the east.
07:52:53 Since our aerial at the Planning Commission typically, I
07:52:57 brought up Google.
07:52:58 Here is the subject site here.
07:53:01 We have got Davis Boulevard running north-south.
07:53:05 You can see Marjorie Park to the east.
07:53:10 The corridor has a lot of multifamily uses on it, some
07:53:14 office uses, and commercial starts further to the south, and
07:53:18 then right off the corridor there's a lot of single-family
07:53:21 detached, multifamily in the back, to the east of the
07:53:25 subject site.
07:53:26 The Marisol apartment building is directly across the
07:53:30 street.
07:53:31 Onto the future land use category.
07:53:33 You can see the subject site and all the brown color is the
07:53:37 residential 35 future land use category.
07:53:41 Across the street we have the residential 50 where the
07:53:45 Marisol residential apartments are.
07:53:49 The corridor to the north has the RM 35 also to the south.
07:53:53 The green is recreation open space.
07:53:56 And the yellow to the west is the residential 6.
07:54:05 The applicant is proposing to develop 11 residential units
07:54:09 within a 30,875 square foot multifamily family building with
07:54:15 parking on the ground level.
07:54:16 The subject site is currently developed with 13 multifamily
07:54:20 residential units within a one-story structure built within
07:54:24 1955.
07:54:26 The proposed development will be urban in character.
07:54:28 The comprehensive plan promotes a more urban style
07:54:31 development pattern within the central city neighborhood
07:54:34 especially along the city's arterial and collector corridor
07:54:37 and within the city's urban villages.
07:54:39 Parking will be provided within the structured internal
07:54:43 garage that will be integrated into the overall structure.
07:54:46 The building will be pedestrian oriented with a main lobby
07:54:50 meaning provided along Davis Boulevard.
07:54:52 Overall the proposed development is compatible with
07:54:55 surrounding uses and furthers many of the policies and
07:54:58 objectives within the comprehensive plan.
07:55:01 Based on those considerations, Planning Commission staff
07:55:04 finds the proposed rezoning consistent with provisions of
07:55:06 the Tampa comprehensive plan.
07:55:07 >>ABBYE FEELEY: Thank you, David.
07:55:17 Abbye Feeley, Land Development Coordination.
07:55:19 The request before up tonight at 91 Davis Boulevard is from
07:55:22 RM-24 residential multifamily to PD residential multifamily.
07:55:28 They want rate to construct 11 residential multifamily
07:55:32 dwelling units.
07:55:33 The proposed units are configured in a single four-story
07:55:37 building with a surface parkings located on the ground
07:55:40 floor.
07:55:41 The building is oriented to east Davis and Bering streets.
07:55:49 Telephone proposed setbacks are as follows: North 5.3 feet.
07:55:57 South 33.2 feet.
07:56:01 Corner which is the west 5.4 feet.
07:56:04 And the east, 22.2 feet.
07:56:08 The upper floors on the north and west are requested to have
07:56:11 a setback of zero.
07:56:12 The maximum building height is proposed at 58 feet.
07:56:16 The 11 units are required to have 25 parking spaces
07:56:19 including 3 guest spaces.
07:56:22 And a total of -- that should be 29.
07:56:28 The report says 26.
07:56:29 I believe it's 29.
07:56:30 They are overparked by one space of being provided.
07:56:33 The site configuration has an entry on north Bering and
07:56:39 Davis.
07:56:39 A pedestrian level entry that addresses Davis Boulevard.
07:56:44 The property is on the east side of Davis Boulevard at the
07:56:47 southeast corner much Davis and Bering and constructed by
07:56:52 two buildings constructed in 1975 which contain a total of
07:56:56 13 units.
07:56:57 12 in the main building and one is a smaller efficiency type
07:57:00 unit.
07:57:00 It is surrounded by residential multifamily to the north,
07:57:03 residential multifamily to the east, the Marisol
07:57:10 single-family detached total south and single-family
07:57:13 detached to the east.
07:57:15 There are 13 units out there currently.
07:57:18 They are requesting 11.
07:57:20 The RM 24 -- the R-35 land use could get a total of 14
07:57:30 units.
07:57:38 This is the zoning atlas.
07:57:44 Davis Boulevard coming here to south of the property.
07:57:56 Bering street.
07:57:58 The RM-24 with the property is currently zoned -- continues
07:58:04 on, and I'll show you that.
07:58:07 There's a single-family residence in the RS-60 here.
07:58:12 This is the Marisol and the RM 35.
07:58:16 This is at the apex of where Davis Boulevard is.
07:58:23 There is the aerial.
07:58:28 That's shown here in yellow.
07:58:36 I think many of you are familiar with of this area.
07:58:39 This is a picture of the subject property.
07:58:44 This is taken from Bering.
07:58:49 This is a building facing internal from the site.
07:59:00 This is the parking area.
07:59:03 This is the current -- this is property headed to the east,
07:59:08 single-family town home.
07:59:16 This is the east.
07:59:32 Sorry.
07:59:40 >>MIKE SUAREZ: Is it an alley?
07:59:43 Barometric pressure.
07:59:44 >>ABBYE FEELEY: No, this is approaching Bering.
07:59:46 This is the single-family residence.
07:59:49 This is the existing building here.
07:59:51 And this driveway goes out onto Bering.
07:59:57 This would be the entry in.
08:00:01 You would be coming the opposite direction from Bering into
08:00:04 the site and the building would be roughly in this same
08:00:07 location.
08:00:08 The trees here that they are saving that are off-site trees,
08:00:19 that have been requested to put pervious pavement adjacent
08:00:24 to the single-family here.
08:00:24 That's a picture.
08:00:27 And then the Marisol.
08:00:32 Here is the town home that is immediately next to the
08:00:37 property along Davis.
08:00:42 Here is a view back of the parking area off the street.
08:00:51 Bering.
08:00:54 And this is the residence immediately adjacent to the
08:00:58 property.
08:01:01 There are some minor modifications that are required in
08:01:11 between first and second reading.
08:01:13 And that's a ground level setback, dimensions, exactly to
08:01:18 the building location.
08:01:22 And this sometimes gets difficult on a PD especially when
08:01:25 they say 5.5 feet because if they get out there and
08:01:29 something needs to be engineered just a tiny bit, a
08:01:32 reduction in perimeter setback is considered a substantial
08:01:35 change.
08:01:35 So I like to try to guard a little bit against that by
08:01:38 giving a half a foot or something where it may be able to be
08:01:43 modified for the engineering of the site require that.
08:01:47 So what I requested was that the front north be placed at
08:01:50 5-foot, the east side be placed at 20-foot, the corner west
08:01:55 be placed at 5-foot, and the rear south to be placed at
08:01:59 30-foot.
08:02:03 Secondly, natural resources asked that the multifamily tree
08:02:07 requirement based on the one tree per 1500 square feet of
08:02:11 the parcel minus the VUA and structures, this is going to
08:02:16 require three additional trees be planted on-site that
08:02:19 needed to be corrected.
08:02:20 And second was the informational comment from them, that at
08:02:25 the time of permitting, revisions will be required based on
08:02:29 the rendering of proposed trees on the PD plan with regards
08:02:33 to be providing the minimum required planting space.
08:02:38 Several areas on the site are not sufficient for planting.
08:02:40 So they will work to place those trees in the right location
08:02:44 to provide that 6-foot clear.
08:02:48 With those modifications, to be made between first and
08:02:52 second reading, staff did find the request consistent and we
08:02:54 are available for any questions.
08:02:56 >>MIKE SUAREZ: Thank you.
08:02:58 Questions from council?
08:02:59 Petitioner?
08:03:25 >>JOHN GRANDOFF: I practice law at Hill, Ward, Henderson.
08:03:29 My address is suite 3700 Bank of America Plaza.
08:03:33 I have the pleasure this afternoon and evening of
08:03:36 representing Swan Cay LLC.
08:03:45 Will you please raise your hand?
08:03:46 Also our development professionals Mike and Chris, teamed up
08:03:51 with James Catalano on the site plan.
08:03:53 James is not with us this evening.
08:03:55 But the site plan they prepared is over to my right that you
08:03:58 have before you as well.
08:04:00 I place it here for illustration.
08:04:02 And Mrs. Feeley and the Planning Commission staff, Mr. Hay,
08:04:08 have generously summarized the application and the details.
08:04:14 I'll tell you that we will meat all of the required changes
08:04:17 that Mrs. Feeley has enunciated to you this evening and all
08:04:23 of those are good ideas particularly the changing to make
08:04:28 them represent whole numbers instead of half numbers and we
08:04:31 can certainly do that.
08:04:32 I think your guideline this evening is what is the plan
08:04:36 category?
08:04:37 The planned categories are 35 which is a multifamily
08:04:41 designation.
08:04:42 And if you experienced Davis islands from Seddon Channel
08:04:48 east to the yacht basin behind the Marisol, from park space
08:04:58 transition to single-family to multifamily which is what we
08:05:00 are planning.
08:05:02 That's four floors.
08:05:04 And then the classic, the Marisol, are also RM 35 across the
08:05:10 street from west Davis.
08:05:12 He has a classic transitional space going from east over to
08:05:15 west into the R-35 district.
08:05:20 I'm sure Davis would have complimented it who did all of
08:05:26 Davis Island.
08:05:27 Zoning did not come into vogue until 1964.
08:05:30 I have always marvelled at how many he planned such a
08:05:33 marvelous community and built the Marisol without zoning.
08:05:38 So I think in the tradition of Mr. Davis, Mike and Chris
08:05:42 have prepared this site plan, and we are meeting all the
08:05:44 requirements except the one waiver, which is to the west,
08:05:48 the waiver of the buffer from 5 feet top 3 feet.
08:05:52 And I would like to take a photograph that Mrs. Feeley has.
08:05:56 It's a photograph of the side.
08:06:01 The site plan.
08:06:34 This is pretty much not going to change.
08:06:36 Those trees are going to be -- those trees will be
08:06:39 preserved.
08:06:39 One of the limbs will be trimmed back a little bit to
08:06:42 accommodate the building but this thoroughfare, I am looking
08:06:45 north from the east side of the property to Bering street.
08:06:49 This entrance is going to be about the same.
08:06:52 In fact, we are keeping much of the asphalt in place, more.
08:07:01 So as not to disturb the roots of these trees.
08:07:04 On the site plan this area is right here and this is a
08:07:07 20-foot yard or setback between the building and the
08:07:12 property line to the east.
08:07:14 Remember, we are transitioning from single-family into
08:07:17 multifamily as we head over towards the yacht basin.
08:07:21 And the buffer is simply this is a 3-foot buffer instead of
08:07:26 a 5-foot buffer which is significantly more buffer than is
08:07:30 already existing in that entrance.
08:07:32 As you go on-site.
08:07:34 We are simply demolishing --
08:07:37 >>MIKE SUAREZ: Mr. Grandoff, Mrs. Capin has a question.
08:07:39 >>YVONNE CAPIN: It's about the residence that is shown
08:07:45 there on the right in the photo.
08:07:47 In the photo.
08:07:49 Is that the side, the back, the front of the house?
08:07:55 >>JOHN GRANDOFF: That's probably the back of the side of
08:07:57 the house facing -- is facing Columbia drive.
08:08:02 And Bering.
08:08:03 >>YVONNE CAPIN: So this is not as you find in Hyde Park and
08:08:08 other areas where you have a drive-through and there's
08:08:12 houses facing them.
08:08:14 Basically.
08:08:16 Like little alleys that houses --
08:08:18 >> That's not an alley.
08:08:21 That's the main drive.
08:08:23 Here are things I want to point out on the site plan is you
08:08:25 have parking counts, we are exceeding parking.
08:08:29 You know how sensitive parking is.
08:08:31 We have exceeded the vehicle use area green space.
08:08:34 You have to provide green space for the parking area, and
08:08:39 you have to provide a separate green space calculation per
08:08:41 unit.
08:08:42 We are exceeding those calculations also.
08:08:46 Essentially we are demolishing the old Cadillac apartments,
08:08:49 a 13-unit, and replacing it with a condominium project of
08:08:53 higher quality, higher scale of 11 units, with more parking
08:08:58 than necessary.
08:08:59 The main entrance, pedestrian entrance will be off of east
08:09:03 Davis -- Davis Boulevard.
08:09:05 Planning Commission thought it wags very important to have
08:09:08 pedestrian access from Davis Boulevard to continue the
08:09:12 walkability of Davis Boulevard as you move into what's
08:09:15 called downtown Davis Island.
08:09:17 Now, what I think is compelling about the project is you
08:09:21 have residential to the south.
08:09:23 You have residential to the east.
08:09:25 You have Bering to the north.
08:09:27 You have west Davis to the west.
08:09:29 And you have the Marisol across the street.
08:09:32 We cautiously pushed the building north and west to create
08:09:37 the 30-foot and the 20-foot yard on the east and the south.
08:09:42 And then with this Planning Commission and the zoning
08:09:46 department direction, we have made this a 5-foot yard on
08:09:50 east Davis, because you want to create this brownstone
08:09:55 effect, this urban effect, and we pushed it to the north 5
08:09:59 feet.
08:10:00 Off of Bering also.
08:10:01 So that summarizes the siding of the building.
08:10:07 I think what's important, and a few highlights that are very
08:10:13 compelling.
08:10:16 Natural resources has found the plan consistent, like
08:10:20 landscaping the trees, which is quite an accomplishment to
08:10:22 have all of those consistent.
08:10:24 We have skipping over to page 3, there are several large oak
08:10:29 trees on the east property line that are being retained
08:10:32 through the installation of a feeder system that is a
08:10:35 subterranean feeder system that recharges the roots with
08:10:38 rain water or irrigation water.
08:10:41 Those will be installed on the eastern side.
08:10:44 These are the trees I'm speaking about.
08:10:47 Continuing on page 4, the proposed development will relate
08:10:50 to the site on the surrounding built environment.
08:10:54 There are no requested waivers for green space or vehicular
08:10:57 use area buffers.
08:10:58 There are two off-site oak trees on the eastern property.
08:11:02 The applicant has worked with the guidance of the natural
08:11:05 resources department.
08:11:07 We are in the Davis Island urban village.
08:11:09 On April 5 we had a meeting before the entire Davis Island
08:11:13 community association Board of Directors.
08:11:15 We presented a previous version of this site plan to that
08:11:18 board.
08:11:18 They did not take a vote up or down.
08:11:21 But they received the project.
08:11:23 They had several questions.
08:11:24 Spent about an hour with them.
08:11:26 I delivered this final site plan to Mr. Steven Stanley, the
08:11:30 zoning director of the Davis Island Civic Association on
08:11:32 Tuesday afternoon.
08:11:33 We have not had any further comments from them.
08:11:37 We feel that is a support of the project.
08:11:41 On page -- page 8, the staff report recites the changes we
08:11:50 will submit to.
08:11:52 Skipping into the staff report, from the Planning
08:11:54 Commission, I think it is compelling in the conclusion on
08:12:01 page 4, parking will be provided within a structured
08:12:05 internal garage, will be integrated into the overall
08:12:08 structure.
08:12:08 The building will be pedestrian oriented.
08:12:11 That's huge for planning these days.
08:12:14 With the main lobby being provided on East Davis Boulevard.
08:12:17 Overall the proposed development is compatible with the
08:12:19 surrounding uses, and further many, many of the policies and
08:12:24 objectives on the comprehensive plan.
08:12:25 I'll close at this time and have rebuttal for any further
08:12:31 comments.
08:12:31 And I will close also by saying that I think Mr. Davis would
08:12:35 have approved this project.
08:12:36 He probably would have built this project.
08:12:38 And I ask that you support this project.
08:12:39 >>MIKE SUAREZ: Any questions from council at this time of
08:12:42 petitioner?
08:12:43 Okay.
08:12:44 Is there anyone in the public who would like to speak on
08:12:47 item number 7, REZ 16-50?
08:12:51 If you have been sworn already please come forward and state
08:12:54 your name and address.
08:12:55 >> Gary Mahoney, 94-A Columbia Drive. You have a copy there
08:13:17 if you want to follow along.
08:13:19 A couple of things.
08:13:21 I hope to clarify them.
08:13:23 I will share them with you right now.
08:13:25 Issue number one.
08:13:26 The height of proposed condos four stories above ground
08:13:30 level and three floors.
08:13:31 This is excess of height of this property.
08:13:36 Enabling surrounding property and does not con norm with the
08:13:38 other buildings in close proximity on Davis Boulevard other
08:13:42 than one historic built.
08:13:44 Other multifamily buildings near the proposed construction
08:13:47 on Davis Boulevard do not exceed three stories of living
08:13:52 space.
08:13:52 The resolutions do not allow the height to exceed three
08:13:57 stories above ground level.
08:13:58 Issue number two.
08:13:59 It's requested to zone and allows a much greater density
08:14:04 resulting in larger apartments with more bedrooms, more
08:14:09 cars.
08:14:10 This will result in increased traffic, noise, exhaustion,
08:14:13 et cetera.
08:14:13 All which is detrimental to the neighboring property owners
08:14:17 and will significantly negatively impact our property.
08:14:20 Additionally, this new apartment does not provide enough
08:14:25 parking regardless of what they say.
08:14:27 This currently is designed 26 parking spaces for 11
08:14:32 apartments is not sufficient.
08:14:33 There is a high probability in that area that that will
08:14:36 become a rental place with 33 apartments that will probably
08:14:43 involve individuals of driving age and a potential of 33
08:14:47 cars.
08:14:49 There is no place for three cars to park.
08:14:51 The adjacent road parking is already used by other property
08:14:54 owners or visiting college students or hospital workers.
08:14:59 Currently, there are no more than five cars parked in that
08:15:02 complex at the current time.
08:15:04 The resolution is reduced to no more than eleven two-bedroom
08:15:10 apartments.
08:15:10 Eleven 2-bedroom apartments will hold 22 cars with guest
08:15:14 parking that all fit in the parking garage.
08:15:17 Additionally the building height can be reduced to no more
08:15:21 than two floors above the parking garage.
08:15:24 Issue number 3 which wasn't mentioned, the proposed 6-foot
08:15:28 plastic fence along the property line is unacceptable to the
08:15:33 adjoining property owners. This type much fence as now will
08:15:36 be cured in a few years, provide no visual or sound barrier
08:15:40 from the parking garage.
08:15:44 Is that three minutes?
08:15:45 No, but you have 30 seconds.
08:15:46 >> Currently there are only five cars there.
08:15:48 Additionally, number four, automobile noise, traffic and the
08:15:51 26 cars existing the park along the backside.
08:15:56 That alleyway backs up to all of our property.
08:15:59 That's a driveway with 26 cars with a plastic fence.
08:16:02 All those fumes, all that noise.
08:16:04 Our bedrooms and living rooms back up to that property area,
08:16:08 which is shown in the picture if you show the picture that
08:16:11 you pointed out.
08:16:12 (Bell sounds).
08:16:13 I'll let you finish this one last part.
08:16:15 >> If exterior lighting on the type of building.
08:16:19 Three property owners myself included, are these going to be
08:16:24 telephone pole lights or lights in the garage shrining to
08:16:27 our property.
08:16:27 The little plastic fence isn't going to stop that.
08:16:29 We are asking that lighting be properly placed so it doesn't
08:16:32 shine.
08:16:33 Hopefully the fence will be 8 feet high, at least a:concrete
08:16:37 fence.
08:16:37 >>MIKE SUAREZ: Thank you.
08:16:38 >>LISA MONTELIONE: You said, and you say in your letter,
08:16:45 that these are going to be 3 bedroom apartments, and you are
08:16:49 saying that one car per bedroom, so 373 cars.
08:16:54 But this is an 11 unit complex.
08:16:59 And maybe I misheard you but you said that no more than five
08:17:04 cars?
08:17:04 >> Right now there's only five cars there.
08:17:07 One motorcycle.
08:17:07 >>LISA MONTELIONE: How many bedrooms?
08:17:14 >> One bedroom apartments as I understand it.
08:17:17 There's eleven of them with one little efficiency.
08:17:19 They either take public transportation, they have a couple
08:17:21 cars.
08:17:22 And if you are going to build eleven --
08:17:25 >>LISA MONTELIONE: No, I hear.
08:17:26 I wasn't following your math.
08:17:28 So 13 bedrooms, only equals five cars, I'm not sure how 33
08:17:35 bedrooms -- I mean, how -- yes, 33 bedrooms equals the
08:17:40 number of cars if you follow the equation.
08:17:45 I'm just trying to compare.
08:17:47 >> Yes, put in eleven 3-bedrooms which adults are probably
08:17:53 going to be living there.
08:17:53 >>LISA MONTELIONE: We can't speculate.
08:17:56 >> You can't speculate but that's the reality of it.
08:17:59 >>LISA MONTELIONE: It may be a newborn with be a baby.
08:18:07 >> Not in that area.
08:18:10 I doubt it.
08:18:10 >> Angel Franco, 94-B Columbia drive.
08:18:13 Our townhouse is about 30 feet from the property.
08:18:16 I agree with everything that he said.
08:18:20 The particular concern is the height of this thing.
08:18:22 What is -- I'm glad there are pictures.
08:18:29 There's actually two, one-story homes over here.
08:18:33 This is a four story building that's going to absolutely
08:18:38 loom over these two properties.
08:18:41 I'm actually here also to represent my neighbor who lives in
08:18:44 the house that no one is talking about which is right here.
08:18:49 Not this one.
08:18:50 There's another one right here, one-story home.
08:18:53 And a retired couple --
08:18:55 >>MIKE SUAREZ: If you don't mind telling us their name.
08:18:57 >> I thought I did. Angel Franco. 94 --
08:18:59 >> Not your name, their name.
08:19:01 >> Their name? They sent you an e-mail.
08:19:05 They sent it August 9th at 9:38 p.m.
08:19:08 >> Thank you.
08:19:09 >> I will read in the part.
08:19:12 But in agreement with our neighbor Gary Mahoney, and the
08:19:18 project isn't built at all.
08:19:20 The project is inevitable, and expect progress as a fact of
08:19:23 life.
08:19:23 The project is much more progress than we ever expected or
08:19:27 imagined.
08:19:32 A really sticking point, and the size of the lot and the
08:19:35 area.
08:19:40 So they have been living on this street for 40 years, okay?
08:19:48 And they are retired.
08:19:52 There will be no more privacy in our yard, and their
08:19:56 backyard is a beautiful little sanctuary.
08:19:59 It's an oasis.
08:20:00 And people in the terrace barbecuing over my backyard there.
08:20:05 Will be no more sunshine in the afternoon.
08:20:08 When we go outside our bedroom there is the building.
08:20:17 The apartments that are there now are relatively low-rent.
08:20:21 There's a number of disabled veterans, people who don't
08:20:24 drive.
08:20:24 That's why there's so few cars there right now.
08:20:32 There's a health hazard.
08:20:33 They do sleep about their doors open.
08:20:38 If you increase the project as it is -- the height of the
08:20:45 fencing, the lighting that Gary talked about.
08:20:48 (Bell sounds)
08:20:50 I think the neighborhood can do a little better than that,
08:20:55 right?
08:20:56 Thank you.
08:20:56 >>MIKE SUAREZ: Before you go, I think Mrs. Capin has a
08:20:59 question for you.
08:21:00 >>YVONNE CAPIN: Yes.
08:21:01 You came to speak for them.
08:21:03 >> I am speaking on behalf of myself and --
08:21:06 >>YVONNE CAPIN: And your townhouse is 30 feet away.
08:21:09 Where is your townhouse?
08:21:11 >> Our townhouse in this picture is here.
08:21:15 >>YVONNE CAPIN: How many townhouses?
08:21:18 Attached to what?
08:21:22 Is it like a duplex are?
08:21:24 >> No.
08:21:25 It's townhouses on Columbia drive.
08:21:33 Thank you.
08:21:33 >>MIKE SUAREZ: Upside down.
08:21:36 >> So we have this right here.
08:21:42 That's Mr. Mahoney.
08:21:43 That's us.
08:21:44 And then our neighbors.
08:21:47 >>YVONNE CAPIN: And when did you move in?
08:21:51 >> 207 years.
08:21:56 >>MIKE SUAREZ: Next, please.
08:21:58 >> Jonathan testan, 97-A East Davis Boulevard.
08:22:04 I'm a huge fan of Davis Island zoning.
08:22:06 I'm a fan -- me and my wife live at the home that you guys
08:22:12 are calling east of that building but it's actually south of
08:22:14 it.
08:22:15 We live in the townhouse in the picture over there.
08:22:19 These are single-family townhouses.
08:22:22 If you built something like this, that's going to put our
08:22:25 single-family home, and my neighbors here that are
08:22:28 included, a hotel site type structure.
08:22:33 And they think that the Marisol or whatever is an example
08:22:36 bull the Marisol sits on its own piece of property.
08:22:39 It doesn't sit smack dab in the middle of a bunch of
08:22:43 single-family homes.
08:22:43 It's going to triple the amount of people that live there,
08:22:46 which is going to triple the amount of cars, that's going to
08:22:49 triple the amount of pollution, the same with light
08:22:52 pollution and the same with noise pollution.
08:22:54 It's going to be approximately twice as high as anything
08:22:58 else there.
08:22:58 It's going to tower over single-family homes there.
08:23:02 I can't imagine anybody who lives on a suburban street in a
08:23:05 one or two-story house wanting something like this built
08:23:08 next to their house.
08:23:12 Maybe if it was two stories.
08:23:14 Trying to go from being one bedroom units to three bedroom,
08:23:18 four-story units, it's quite unlike anything else that's on
08:23:23 that street or surrounding it or any other properties.
08:23:26 They are all single -- one-story or two-stories.
08:23:30 I don't think there's anything else quite that high on that
08:23:35 block all the way down to Bering street.
08:23:40 So it's a little bit too big of a project to put right there
08:23:44 where people have been living.
08:23:45 I have been in my house with my wife, my newborn son for
08:23:51 about 10 years have, another baby coming on the way.
08:23:53 I don't plan on moving at the time.
08:23:57 My house cost over $30,000 a year to maintain that house.
08:24:01 I pay triple the amount of property taxes, amount of
08:24:06 property taxes to stay in the neighborhood because it's a
08:24:09 nice, quaint neighborhood.
08:24:10 This is going to make -- the structure is something more
08:24:14 like you would see downtown or in Channelside.
08:24:19 That's all I have to say on the matter at this time.
08:24:21 >>MIKE SUAREZ: Thank you, sir.
08:24:22 I appreciate it.
08:24:24 If you have anything else, please do so but if you are done.
08:24:26 >> 30 seconds.
08:24:31 Let's see.
08:24:34 Yes, light pollution, car pollution, it's going to make the
08:24:40 house unlivable.
08:24:41 The people that live there now are either going to have to
08:24:43 sell for look to the next leveler -- developer or move
08:24:47 along.
08:24:47 I don't want the project built at all.
08:24:49 Definitely not the four story.
08:24:52 And I work for a real estate company that owns real estate
08:24:56 all around town and I would consider this inconsiderate of
08:24:59 the neighborhood to put something like this where it is.
08:25:03 Thank you for your time.
08:25:04 (Bell sounds).
08:25:05 >>MIKE SUAREZ: Thank you, sir.
08:25:07 Next, please.
08:25:08 >> Mike town, Columbia drive.
08:25:11 Just southeast of the zoning.
08:25:14 Our backyard has a complete view of this new project.
08:25:20 We are in a two-story town home and this project being a
08:25:23 four story town home is going to tower everything.
08:25:26 And I'm New Mexico agreement with the statements made prior
08:25:29 by my neighbors.
08:25:31 Again I would wouldn't like to see it built at that size
08:25:36 structure.
08:25:37 I understand progress but something of that size is just
08:25:40 unacceptable.
08:25:42 >>MIKE SUAREZ: Thank you, sir.
08:25:44 Next, please.
08:25:45 >> Jim Jacob.
08:25:49 I got here late so I haven't been sworn.
08:25:51 >>MIKE SUAREZ: Clerk, if you could swear him in, please.
08:25:55 (Oath administered by Clerk).
08:25:56 >> My name is Jim Jacob.
08:26:02 I live at 4701 South MacDill in Tampa.
08:26:06 I wanted to come to have speak in favor of the project
08:26:09 tonight.
08:26:14 I have lived in South Tampa my entire life.
08:26:16 It's very, very rare that you see a project like this
08:26:19 project where someone who has density, you are going down in
08:26:23 density in terms of the number of units than what you
08:26:26 currently have.
08:26:27 Davis Island has certainly changed a great deal.
08:26:31 I think it's a very, very good project.
08:26:34 It's on a very busy street.
08:26:37 On Davis Island.
08:26:38 And I think with the petitioner's representative has said
08:26:42 here about the way Davis Island originally was developed, my
08:26:46 grandparents lived in the Marisol when they came to Tampa.
08:26:52 If dwarfs everything around it, but the whole scale, the
08:26:56 scale of the proposed project when compared with the
08:26:59 property that Tampa project the Marisol is, certainly is
08:27:04 less intent.
08:27:06 But I think it's exactly what we are looking for in terms of
08:27:10 redevelopment.
08:27:13 Traditional development, and a lot of people that live
08:27:19 there, we manage a lot of properties, our company does.
08:27:22 In South Tampa, on Davis Island, and not on Davis Island,
08:27:25 and a lot of young people today don't have cars.
08:27:28 A lot of them get around either by Uber or bicycles or some
08:27:32 other way.
08:27:33 It's just changing.
08:27:36 That's why I am here to speak in favor of it.
08:27:38 >>MIKE SUAREZ: Thank you.
08:27:40 Is there anyone else in the public that would like to speak
08:27:43 on item 7, REZ 16-50?
08:27:47 There's no one else there.
08:27:48 Petitioner, you have rebuttal.
08:27:51 Before you go forward I think Mrs. Capin has a question of
08:27:53 staff.
08:27:54 >>YVONNE CAPIN: I do.
08:27:56 The height of the building.
08:27:58 [Off microphone.]
08:28:00 >>JOHN GRANDOFF: 50 feet.
08:28:06 >>YVONNE CAPIN: I'm sorry.
08:28:08 I thought my voice was so loud.
08:28:10 Okay.
08:28:11 58 feet.
08:28:12 That is not oh ---that's not a waiver.
08:28:19 >>JOHN GRANDOFF: The zoning code speaks in terms of feet.
08:28:25 The current zoning is RM-24, which has a height of 45 feet.
08:28:30 >>YVONNE CAPIN: Mrs. Feeley?
08:28:38 >>ABBYE FEELEY: Land Development Coordination.
08:28:40 RM-24, the existing zoning on this property one allow for a
08:28:44 building of up oh to 60 feet.
08:28:46 >>YVONNE CAPIN: Thank you.
08:28:49 >>ABBYE FEELEY: However, however, when the building reaches
08:28:52 30 feet, it must be set back at 8-foot per foot.
08:28:57 So creating a wedding cake effect.
08:29:00 Everything that the first 30 feet may be set as a setback.
08:29:05 Then you go to 31 feet you now have to set back and you may
08:29:14 reach up to 60 if you achieve those setbacks.
08:29:17 So if it was at 35 feet at building above 30 feet has to
08:29:21 come back five feet.
08:29:22 >>YVONNE CAPIN: Five feet.
08:29:25 Okay.
08:29:25 All right.
08:29:26 That's what I wanted to know.
08:29:27 Thank you.
08:29:28 >>MIKE SUAREZ: Any other questions before we go forward
08:29:32 with petitioner's rebuttal?
08:29:35 >>HARRY COHEN: I want to encourage the Petitioner to
08:29:37 address some of the issues that were raised in the public
08:29:39 comment.
08:29:41 And I just wanted to point to two.
08:29:44 One is the use of the plastic fence instead of some kind of
08:29:48 masonry.
08:29:49 And then the other is the issue of the light and where the
08:29:54 lights are going to be placed and how they are going to --
08:29:58 where they are going to shine.
08:29:59 And I did note on the site plan, I think the waste
08:30:03 receptacle is in the middle of the property.
08:30:06 But if I am incorrect about that, perhaps you could advise
08:30:11 us.
08:30:13 In the building itself.
08:30:14 >>JOHN GRANDOFF: Let me back up to Mrs. Capin's comments
08:30:21 initially.
08:30:22 I was wrong, it's not 45 feet.
08:30:27 But it is 60 feet.
08:30:29 If you can obtain 60 feet with a setback.
08:30:33 We were able to obtain 58 feet.
08:30:36 Also limited by the Peter O. Knight airport.
08:30:42 >>YVONNE CAPIN: 50 feet -- the setback?
08:30:48 >>JOHN GRANDOFF: Yes, because we are meeting the setback.
08:30:50 >>YVONNE CAPIN: Mrs. Feeley.
08:30:52 Excuse me, Mrs. Feeley.
08:30:54 58 feet.
08:31:02 >>ABBYE FEELEY: On that setback to this building, and in
08:31:05 some places, the setback is less than the RM-24.
08:31:10 I am not clear as to what Mr. Grandoff is making in respect
08:31:17 to the.
08:31:19 Sometimes it is larger than the RM 24 and in some areas they
08:31:22 are not.
08:31:22 So he has setback reductions.
08:31:25 And the building, the massing of the building does not set
08:31:29 back at 30 feet.
08:31:30 The entire massing is at 58 feet.
08:31:32 >> Correct.
08:31:33 >>YVONNE CAPIN: Okay.
08:31:35 The entire massing.
08:31:37 Okay.
08:31:37 I got it.
08:31:38 Thank you.
08:31:38 >>JOHN GRANDOFF: What we did, we felt, why don't we do a
08:31:42 study in which we literally place the new building on the
08:31:44 footprint of the old building.
08:31:46 And that's what we did.
08:31:47 We were able to mimic the 30-foot yard in the back and the
08:31:51 20-foot yard on the east.
08:31:58 Now, the question Mr. Cohen raised --
08:32:01 >>HARRY COHEN: I'm confused.
08:32:02 >>MIKE SUAREZ: Hang on. Mrs. Capin has the floor.
08:32:06 Go ahead.
08:32:06 >>YVONNE CAPIN: Yes, I just want to reference, Mrs. Feeley,
08:32:13 apparently myself and Mr. Cohen one like more clarification.
08:32:16 You can draw for it.
08:32:29 (Laughter)
08:32:30 >>ABBYE FEELEY: Okay.
08:32:31 So typically on a PD I don't take Tampa RM-24 and put the
08:32:39 setback on there.
08:32:45 I was actually pulling up -- there is no wall required on
08:32:49 this project.
08:32:50 So I know that came up as a discussion point.
08:32:55 The 5-foot buffer that's required between this and the
08:32:58 adjacent properties.
08:32:59 But there is no per-code a wall required.
08:33:02 In relation to the RM-24 standards, RM 24 has a setback --
08:33:27 RM-24 has a setback -- I want to be correct on this.
08:33:34 Okay.
08:33:37 The RM-24 has a --
08:33:43 >> If you can move it up just a tad.
08:33:48 There you go.
08:33:49 >>ABBYE FEELEY: The RM-24 has a setback of 25 feet.
08:33:55 Okay.
08:33:55 Per the zoning code, the front setback on this would be on
08:34:00 Bering.
08:34:02 The zoning law gets the fence.
08:34:06 So that would be a 25-foot setback required.
08:34:09 And they are at 5 feet.
08:34:13 Okay.
08:34:16 The side, which would be -- this would be the side.
08:34:21 This would be the corner.
08:34:22 And the rear is off of the front, okay.
08:34:26 This side would be required at 7-foot.
08:34:30 They have 22.2.
08:34:35 The rear is 20 feet.
08:34:40 Per code.
08:34:41 Sorry.
08:34:42 Per code it is 20 feet.
08:34:44 The rear being shown here is 33 at the ground.
08:34:51 29 at the floors above.
08:34:54 >>MIKE SUAREZ: Let her finish what she's talking about.
08:35:02 You can't speak anymore.
08:35:03 >> If I may for a moment to allow this to make sense to the
08:35:09 public, per zoning code, a lot is defined as the shortest
08:35:12 part of the front.
08:35:15 Opposite the front is the rear.
08:35:17 Okay?
08:35:17 This is a corner yard.
08:35:19 This is aside yard.
08:35:21 I understand orientation and how you see the project.
08:35:25 But per the regulation, that is how this reads.
08:35:31 So this per zoning code front, per zoning code rear.
08:35:38 The code requires what I just showed you at 20.
08:35:41 This is 33.2 at 28.
08:35:44 The corner yard, code requires 7 feet.
08:35:48 This is being proposed at 5 feet.
08:35:51 So in relation to the RM-24 standards, in some places there
08:35:57 are larger setbacks, in some places there are smaller
08:35:59 setbacks.
08:36:01 As far as the massing, what code is saying to you, as long
08:36:11 as you are at the setbacks -- and please excuse -- this is
08:36:20 Davis.
08:36:22 This would be front.
08:36:25 Extend all the way across.
08:36:30 Back.
08:36:31 Okay?
08:36:35 This is saying at those setbacks, you are permitted 30 feet.
08:36:41 Anything above -- we are going vertical now -- anything
08:36:46 above 30 must now step in at a one to one.
08:36:53 So at 31 feet, you have to be -- be required setback.
08:37:03 So at 31 feet you have to be at 8 feet.
08:37:06 At 32 feet you have to be at 9 feet which cleats the wedding
08:37:10 cake effect.
08:37:15 Stepping the building back, creating more of a smaller
08:37:20 massing as you reach the top.
08:37:22 Typically, obviously no building that's not done on a one to
08:37:26 one, where you have a diagonal building so typically it's
08:37:30 done at 5-foot increments or 10-foot increments where at 40
08:37:34 feet that massing would step back 10 feet from the required
08:37:39 yard.
08:37:40 At 7-foot side yard, if you are at 40 feet you are going to
08:37:43 be at a 17-foot setback.
08:37:47 If you step back 10 feet to meet the 10 feet in height.
08:37:52 Does that make sense?
08:37:56 >>MIKE SUAREZ: Go ahead, if that's okay, Mrs. Capin.
08:37:59 >>YVONNE CAPIN: It does.
08:38:03 Because of the -- looking at the side yard.
08:38:08 Okay.
08:38:08 So what is existing there now is 7 feet.
08:38:13 No, it's 22.
08:38:15 So what is proposed.
08:38:19 >> What is proposed is not an alley.
08:38:22 That's an access driveway into that property.
08:38:25 But that that is not a plotted alley or right-of-way or
08:38:28 street.
08:38:30 >>YVONNE CAPIN: That is their property.
08:38:35 Opposed to 22?
08:38:36 What is that again?
08:38:37 So what you are saying to me, that's three times the seven
08:38:42 foot.
08:38:42 Does that make a difference on the height?
08:38:44 >> When you utilize the planned development you are asking
08:38:47 that those regulations that run with the RM-24 be lifted.
08:38:51 They are asking for these.
08:38:53 You use those as a barometer as to what would be permitted
08:38:57 on the property.
08:38:57 >>YVONNE CAPIN: Okay.
08:39:00 >>ABBYE FEELEY: So at 58 feet you would need to be
08:39:03 accounting for the additional 28 feet above the 30.
08:39:07 So 7 plus the 28 you would be at 35 feet for your setbacks.
08:39:14 If you are at an RM-24.
08:39:16 Which is what really forced this application into a PD
08:39:21 because they are asking for relief from the setbacks.
08:39:25 We don't list that as a waiver because it has never been
08:39:31 processed that way.
08:39:32 But in reality, it would be required set back above 30.
08:39:41 >>YVONNE CAPIN: Thank you.
08:39:42 And much appreciated.
08:39:45 Yeah.
08:39:52 I was interested in the lighting also.
08:39:54 >> Code requires that lighting does not spill onto other
08:39:59 properties.
08:39:59 It has to be nonfill.
08:40:01 It has to be directed into your own property.
08:40:04 It requires --
08:40:05 >>YVONNE CAPIN: That's what I thought because I remember
08:40:07 the restaurant on Kennedy.
08:40:10 And the lighting.
08:40:11 Okay.
08:40:11 >>HARRY COHEN: So I -- here is the difficulty that I'm
08:40:19 having here.
08:40:21 I understand PD application is to ask for relief from the
08:40:26 letter of the code.
08:40:29 But much the way that you have explained it, if we are
08:40:34 trying to make a calculation as to whether or not -- I
08:40:38 understand that the setbacks on some parts of the property
08:40:42 are larger than what is required.
08:40:44 So, therefore, that would be factored in if you are trying
08:40:50 to sort of figure out an equivalency to what would be
08:40:53 allowed without setbacks.
08:40:56 And what I am trying to figure out is how close is this
08:41:00 to -- if it were setbacks meeting the requirements, how far
08:41:08 is it outside?
08:41:10 >>ABBYE FEELEY: Well, on the Bering side, it could be at 20
08:41:14 feet.
08:41:16 It's only at 5.
08:41:17 >>HARRY COHEN: but that's a very small percentage of the
08:41:20 overall facia of the building.
08:41:24 >> So now you are not only talking about setbacks.
08:41:29 You are talking about proportion.
08:41:32 >>HARRY COHEN: That's exactly right.
08:41:35 >>ABBYE FEELEY: What would be allowed is 30 feet.
08:41:37 That's the best way I can answer that for you.
08:41:40 Anything above that would be to come back --
08:41:44 >>HARRY COHEN: But I am asking whether or not --
08:41:51 >> Perhaps our architect could answer for you the portion of
08:41:54 the massing that is within the allowable answer and the
08:41:57 portion of the massing that is being requested for the
08:41:59 exception.
08:41:59 >>HARRY COHEN: I am wondering whether -- that's where I am
08:42:06 trying to go.
08:42:07 Because I think if they come close to one another and
08:42:10 meeting the spirit, and the point -- the neighbors are
08:42:14 making that it doesn't, and I am trying to get my arms
08:42:17 around sort of where it is.
08:42:21 >>MIKE SUAREZ: Mr. Cohen, I think that based on what Mr.
08:42:24 Grandoff has said earlier on trying to lay it on top of the
08:42:29 footprint, I take Mrs. Feeley's point that probably you have
08:42:32 to add -- perhaps the architect would like to do that.
08:42:39 Thank you.
08:42:40 Mr. Grandoff, you can continue your rebuttal.
08:42:43 >>JOHN GRANDOFF: I think they cancel each other out,
08:42:47 because as of right we can build on the east side at 7 feet.
08:42:51 We are providing 20 feet on the south, could be designed at
08:42:58 20 feet, we are providing 30 feet.
08:43:00 So what we did is said, well, how are you achieving this?
08:43:04 And still have a marketable building.
08:43:06 The setback creates really a building to plan at the market
08:43:11 so shove it north and east, mimic those yards, increase it
08:43:17 from 7 to 20, and increase it from 20 to 30 in the rear and
08:43:21 the east, and that should be compatible.
08:43:24 The finding on the staff report and the Planning Commission
08:43:27 report is that it's compatible.
08:43:28 On the lighting pollution -- [Off microphone.] the standard
08:43:42 for parking area.
08:43:45 And that's a code violation.
08:43:50 Mr. Cohen, on the fencing to the south, the PVC, that could
08:43:54 be substituted.
08:43:55 I have spoken to Mrs. Cover and we could add that to the
08:44:01 site plan.
08:44:02 You had a third question.
08:44:03 I can't remember what it was.
08:44:04 >>HARRY COHEN: Just to make sure.
08:44:07 Reading your site plan accessible under the building itself.
08:44:13 Roll-out.
08:44:13 >> Right now the trash is collected on the south side of the
08:44:17 building.
08:44:18 It will be put inside and very sanitary, out of the way and
08:44:24 out of sight.
08:44:26 The folks that -- can I have our aerial again?
08:44:34 The solid waste will be collected inside the building.
08:44:49 And then by management would be pushed out.
08:45:04 Right now here is the current building.
08:45:07 It will be interior.
08:45:08 It will be brought out by management to east Davis to be
08:45:10 retrieved by solid waste.
08:45:13 Well, out to Bering.
08:45:15 The other site plan.
08:45:16 They roll it out for collection.
08:45:22 Okay?
08:45:26 The parking meets code.
08:45:28 We had to be bring the building up to get the parking
08:45:30 underneath the building.
08:45:32 Stormwater.
08:45:33 No one has talked about stormwater.
08:45:37 But the stormwater, you have to get the stormwater
08:45:40 underneath.
08:45:43 You have to have some relief.
08:45:45 You have to bring the building up top account for what you
08:45:48 are losing on the horizontal scale at grade.
08:45:51 >>HARRY COHEN: You said you were going to replace the
08:45:56 6-foot plastic fence with concrete.
08:45:58 >>MIKE SUAREZ: I'm sorry, said concrete, didn't he?
08:46:06 Finished concrete.
08:46:07 >>HARRY COHEN: I know that the neighbors asked for
08:46:10 something higher than 6 feet by my understanding 6 feet is
08:46:14 still under code, correct?
08:46:18 >> Without a variance.
08:46:20 It will be complementary to the structure of the building.
08:46:24 I'm sure it will be spectacular.
08:46:27 My colleague is making a lot of notes on that.
08:46:29 It will not be rental.
08:46:31 It will be condominiums.
08:46:32 Maria is developing the project.
08:46:34 She's going to live at the project.
08:46:35 She's basically building her home and will have ten
08:46:38 neighbors with her.
08:46:41 These comments from the people who live on Columbia drive,
08:46:49 they face out to Marjorie Park marina.
08:46:51 By the way, Marjorie Park, one of Mr. Davis' first wives.
08:46:58 Let me look at my notes.
08:47:01 Most of these comments are just conclusory, objective.
08:47:10 "I don't want to see the project built at all."
08:47:13 That is not competent substantial evidence.
08:47:16 We have met the code.
08:47:17 We have full approvals from all reviewing staff.
08:47:19 The Davis Island Civic Association likes this project.
08:47:23 I submit to you that this is good for Tampa.
08:47:26 It's good for Davis Island.
08:47:27 I ask for your approval this evening.
08:47:29 >>MIKE SUAREZ: Any other questions of petitioner at this
08:47:32 time?
08:47:33 >> Move to close.
08:47:36 >> Second.
08:47:36 >>MIKE SUAREZ: Motion to close -- before we go.
08:47:40 Mrs. Feeley?
08:47:41 >>ABBYE FEELEY: I just need to understand that masonry
08:47:44 wall, going with the modification to the site plan, because
08:47:47 that wasn't something that came finished on both sides.
08:47:53 >>MIKE SUAREZ: Mr. Grandoff, you said --
08:47:56 >>JOHN GRANDOFF: It will be on the south side of the site.
08:48:02 And we will delete the 6-foot PVC fence.
08:48:07 That will be deleted.
08:48:08 It will be substituted, beginning and ending from the two
08:48:11 corners of the property.
08:48:12 It will be finished masonry.
08:48:16 In architectural style complementary to the architectural
08:48:20 style of the building.
08:48:26 Right here.
08:48:28 Note where it says at the beginning of the 6-foot fence.
08:48:31 >> Yes.
08:48:33 So that will be substituted.
08:48:34 And there's language in the code that talks about the
08:48:36 finished masonry.
08:48:38 I'll find that verbatim and we'll put that on the site plan.
08:48:44 Mrs. Feeley?
08:48:47 >>ABBYE FEELEY: I can certain at modification.
08:48:49 >>MIKE SUAREZ: Anything else, Mrs. Feeley, before we go
08:48:52 forward?
08:48:53 >>ABBYE FEELEY: No.
08:48:54 There were other revisions that were included in the staff
08:48:56 report.
08:48:58 We just ask that you go ahead and add that modification.
08:49:02 I don't believe there was anything else.
08:49:07 >>JOHN GRANDOFF: The codifications are made -- excuse me.
08:49:17 Page 8 of Mrs. Feeley's report.
08:49:20 >>YVONNE CAPIN: Okay.
08:49:24 >>MIKE SUAREZ: Okay.
08:49:26 We have a motion from Mrs. Montelione, and who was the
08:49:31 second?
08:49:31 I apologize.
08:49:33 It was Mrs. Capin.
08:49:35 A motion -- Mrs. Capin.
08:49:41 All in favor of that motion please indicate by saying aye.
08:49:44 Any opposed?
08:49:45 Mrs. Capin, if you could take item number 7, please.
08:49:48 >>YVONNE CAPIN: An ordinance being presented for first
08:49:52 reading consideration, an ordinance rezoning property in the
08:49:54 general vicinity of 91 Davis Boulevard in the city of Tampa,
08:49:57 Florida and more particularly described in section 1 from
08:50:00 zoning district classifications RM-24 residential
08:50:03 multifamily to PD planned development, residential,
08:50:06 multifamily, providing an effective date, including revision
08:50:11 sheet REZ 16-50.
08:50:16 Oh, that's the application.
08:50:17 Revision sheet that Mrs. Feeley alluded to on page 8, and
08:50:21 then also include the changes on the fence to have been a
08:50:33 concrete finished wall.
08:50:35 >>MIKE SUAREZ: We have a motion by Mrs. Capin do. We have
08:50:39 a second?
08:50:41 And we have a second from Mrs. Montelione.
08:50:43 All in favor of that motion indicate by saying aye.
08:50:46 Any opposed?
08:50:49 Okay.
08:50:49 >>THE CLERK: The motion carried with Maniscalco voting no.
08:50:52 Second reading and adoption will be on August 25th at
08:50:55 9:30 a.m.
08:50:56 >>MIKE SUAREZ: Okay.
08:51:00 Item number 8.
08:51:01 >>JOHN GRANDOFF: Thank you.
08:51:06 >>ABBYE FEELEY: Item number 8 is REZ 16-51 located at 4907
08:51:18 West Cypress street.
08:51:20 The request before you tonight is M.A.P. 1, airport
08:51:25 compatibility to PD, planned development for air conditioned
08:51:29 self-storage.
08:51:30 There are three waivers being requested with this
08:51:35 application.
08:51:36 The first is section 27-283.7 to reduce required parking
08:51:42 from 32 to 10.
08:51:44 69% reduction.
08:51:46 The second is section 27-283.12 J to allow commercial
08:51:52 traffic access to a local street, Grace Street.
08:51:56 And the third is to allow the total square footage of
08:51:58 allowable footing signage to be distributed along the
08:52:04 building rather than limited to the two facades along
08:52:08 cypress and Grace.
08:52:11 >> Jennifer Malone, Planning Commission staff.
08:52:16 We are in the Westshore district tonight.
08:52:21 Planning district and the reviewed under the 2040
08:52:25 comprehensive plan.
08:52:26 It's .28 F acres located on-site res street, just west of
08:52:31 Westshore Boulevard.
08:52:36 It is located in evacuation zone B.
08:52:39 Here is an aerial of the site.
08:52:43 The interstate to the south.
08:52:45 Here is the site right here.
08:52:46 West shore Boulevard.
08:52:47 And Cypress Street.
08:52:50 There is commercial within the vicinity of the site.
08:52:53 There are several hotels.
08:52:55 There's Jefferson high school up here.
08:52:56 Here is the future land use map of the site.
08:53:02 It is in the municipal airport category.
08:53:04 That's the Grace.
08:53:06 This darker pink is RMU 100.
08:53:10 The blue is the public high school.
08:53:15 Staff did find it consistent.
08:53:16 It has addressed several of the objectives of policies of
08:53:20 the comprehensive plan as well as the Westshore business
08:53:22 center and it's compatible with the municipal airport
08:53:25 category.
08:53:26 Thank you.
08:53:35 >>ABBYE FEELEY: Land development.
08:53:36 Than the request at 4907 West Cypress is from airport
08:53:40 compatibility to PD to construct a 78,550 square foot,
08:53:45 3-story air conditioned self-storage facility.
08:53:49 That is approximately 600 units.
08:53:52 The 1.23-acre property is located on the north side of West
08:53:55 Cypress, east of ward, west of Westshore Boulevard.
08:54:02 The proposed -- this site is cone figured with two full
08:54:10 vehicular access points.
08:54:11 One on Grace and one on West Cypress.
08:54:14 Parking is located along the southwest portion of the
08:54:16 property.
08:54:17 The loading zone and a covered loading area located in the
08:54:20 secure gated area north of the parking spaces.
08:54:25 The future land use of M.A.P. an louse for a floor area
08:54:31 ratio of 1.5 and the project is proposed at 1.49.
08:54:35 The reason that this is being rezoned is due to the F.A.R.
08:54:39 The M.A.P. does not allow for the full F.A.R. consistent
08:54:45 with the underlying land use.
08:54:47 So that is one of the main reasons that this is being
08:54:52 rezoned.
08:54:53 However, it is also needs waivers requested related to
08:54:58 parking and the aspect to the local street.
08:55:03 And then there was a signage waiver requested as well.
08:55:08 I will go ahead and show you pictures of the property.
08:55:14 You will see here the zoning atlas, cypress to the south,
08:55:19 ward to the west, Occident to the east, Westshore just a
08:55:24 little further east.
08:55:25 There are some PDs, OP-1s along to the east.
08:55:31 Everything to the west of Occident and north of this midline
08:55:35 here is all the M.A.P. 1.
08:55:39 M.A.P. 3.
08:55:44 What's interesting, the local access, Tampa transportation
08:55:51 portion of the code goes from collector to collector.
08:55:54 So it goes from Westshore to the next collector roadway.
08:55:58 There is no residential directly on this selling segment of
08:56:03 Grace between Florida and Occident but there is residential
08:56:07 further down on Grace.
08:56:08 That is why the waiver is needed for the access to the local
08:56:12 street.
08:56:20 If I may make one other comment real quick.
08:56:25 When this first came into the building was on the western
08:56:28 side.
08:56:28 There are a series of large trees here, and I will show you
08:56:32 a brief picture of them.
08:56:34 Natural resources-- in order to preserve these trees and
08:56:41 give them adequate protection.
08:56:42 And that was done after the BRC. This is the overlay
08:56:50 district and it does comply with the Westshore standard.
08:56:54 There is a side view from cypress.
08:57:00 There are also -- they are also going to work with staff
08:57:03 when they put in the 10-foot sidewalk as required along
08:57:06 Westshore to save one of these right-of-way trees if
08:57:10 possible.
08:57:10 There is a larger one.
08:57:14 Children's cancer.
08:57:20 Children's cancer.
08:57:21 Foundation.
08:57:24 Located to the west.
08:57:27 I mean the east.
08:57:33 Here are those lovely trees along the west.
08:57:36 And this is from the cypress side.
08:57:38 This is the office building.
08:57:41 There are several office buildings immediately to the south
08:57:44 along cypress.
08:57:49 And then along Grace, there is very large ditch immediately
08:57:58 adjacent to the property, and they are asking that they be
08:58:02 able to pay sidewalk in lieu of this section.
08:58:09 This is the property to the west.
08:58:12 This is immediately north.
08:58:19 On Grace.
08:58:20 This is on Grace as well.
08:58:24 This is looking west on Grace.
08:58:26 It's predominantly the segment is industrial in nature.
08:58:32 And as I mentioned before, there is just one or two
08:58:36 residential further to the west on Grace which is the
08:58:39 requirement for the local street access, because it does not
08:58:43 fall -- the residence is located within the affected
08:58:47 segment.
08:58:49 That being said --
08:58:59 I think staff found that the request was appropriate and the
08:59:09 use was appropriate.
08:59:10 The parking reduction was excessive.
08:59:14 The way our code currently reads, they are done by units.
08:59:19 So there are a certain number of units.
08:59:23 And in this case there is nothing -- there is more available
08:59:28 space on the property to provide some additional parking
08:59:30 spaces.
08:59:31 The property is only required 32.
08:59:34 They are providing 10.
08:59:35 And they are requesting a waiver of 69%.
08:59:39 So transportation and land development both found that an
08:59:44 excessive reduction, would require additional justification,
08:59:47 or suggest that additional parking spaces be provided.
08:59:53 I know from other cases additional information was provided
08:59:56 to you.
08:59:56 We did one on Kennedy where the demand is different, because
09:00:01 this is currently what our code requires.
09:00:05 We need the setbacks corrected.
09:00:08 Transportation did find the request inconsistent in relation
09:00:11 to local street access, also found it inconsistent related
09:00:15 to the parking reduction.
09:00:19 In relation to site plan modification, they do have several
09:00:22 that would need to be made in between first and second
09:00:25 reading if it was the pleasure of council to approve Tampa
09:00:28 project than the way that it is placed before you this
09:00:30 evening.
09:00:34 Lastly, urban design and natural resources worked together
09:00:39 on that 22-inch live oak in the right-of-way along cypress.
09:00:43 They would like a notation added that the developer will
09:00:46 work with urban design and natural resources at the time of
09:00:50 permitting for the preservation of that right-of-way tree.
09:00:53 Lastly, natural resources high pressure a few site plan
09:00:58 modifications.
09:01:00 They need pervious surface on the loading zone as to not
09:01:04 impact protective radius of the west side of the property.
09:01:07 The trees removed for the sidewalk on cypress will be
09:01:10 replanted with four inch replacement according to the
09:01:14 overlay.
09:01:14 And then they do also support the preservation of that
09:01:18 22-inch.
09:01:20 And they have received permits from urban design.
09:01:24 Lastly, stormwater had an informational comment that this
09:01:27 property is on the city stormwater red line list with a
09:01:31 record flood elevation of ten eight or approximately 9.395,
09:01:37 AVD and compensation will need to be provided for any fill
09:01:42 brought onto the site.
09:01:43 That being said, I think there are some additional
09:01:45 modifications that Mr. Mineer wishes to provide during his
09:01:53 presentation.
09:01:54 Staff is available for any questions.
09:01:55 >>MIKE SUAREZ: Questions at this time? Petitioner before
09:01:57 you go forward, Mr. Shelby, if you could, based on our
09:02:01 present conversation, my proximity to this property, if you
09:02:06 don't mind, finding out if there's any issues concerning my
09:02:09 voting on this particular issue.
09:02:11 >>MARTIN SHELBY: Let me ask you this.
09:02:13 I understand that you work on an adjoining property?
09:02:17 >>MIKE SUAREZ: That's correct.
09:02:18 4915.
09:02:20 >>MARTIN SHELBY: Do you have any financial interest in that
09:02:21 property?
09:02:21 >>MIKE SUAREZ: I do not.
09:02:23 >>MARTIN SHELBY: Do you have any financial interest in the
09:02:25 outcome of this case?
09:02:27 >>MIKE SUAREZ: I do not.
09:02:28 >>MARTIN SHELBY: Can you be fair and impartial in this
09:02:29 matter and base your decision solely upon the evidence?
09:02:30 >>MIKE SUAREZ: I can.
09:02:31 >>MARTIN SHELBY: Then it's my opinion that you have no
09:02:33 voting conflict and you are required to vote.
09:02:35 >>MIKE SUAREZ: Thank you, Mr. Shelby.
09:02:37 Petitioner.
09:02:46 >> Good evening.
09:02:47 Thank you for all staying this late.
09:02:49 I appreciate that.
09:02:50 Kevin Mineer.
09:02:55 1,000 Ashley drive, suite 900 Tampa.
09:03:02 I represent the applicant in the construction of their
09:03:04 newest climate controlled mini warehouse on cypress and
09:03:07 Westshore.
09:03:08 We are in the airport district as well as the Westshore
09:03:10 overlay and will meet all rules and regulations, or
09:03:14 literally just south of Tampa runway.
09:03:17 So it's very appropriate use within this area.
09:03:20 That's why it's designated.
09:03:24 I have renderings of our design.
09:03:26 And I have extra copies if you want to have your own copy.
09:03:31 And I appreciate the staff working with us.
09:03:33 Unfortunately, staff has found our site plan inconsistent
09:03:36 for two items and we are hoping that we can resolve tonight.
09:03:39 The first concerns access to a local street.
09:03:42 We have proposed to use cypress as the main entrance but
09:03:45 with an exit on Grace to the north.
09:03:47 Grace is apparently considered a local street, and by
09:03:50 policy, staff cannot support access to a local street
09:03:54 without a waiver.
09:03:54 I respectfully ask that you approve our waiver request for
09:03:57 the following reasons:
09:04:00 Grace is three blocks long within our particular area, about
09:04:04 2 thousand feet wide, and Grace really works as a commercial
09:04:09 street.
09:04:09 On our street we counted 16 separate businesses that use
09:04:14 Grace as their access today including ours.
09:04:17 We are a parking lot today.
09:04:20 We are currently using Grace today.
09:04:22 All of our neighbors use Grace today.
09:04:25 For the several businesses to the north of us, it is their
09:04:27 sole access.
09:04:28 So I do not know how they would get to their businesses
09:04:31 except by Grace.
09:04:33 The entire area zoned in comp plan M.A.P. municipal airport
09:04:38 compatibility which only allows commercial in industrial
09:04:40 uses.
09:04:41 Therein should be no activity on the street that are
09:04:43 residential.
09:04:44 Only commercial and industrial businesses can use that
09:04:46 street.
09:04:47 If we GOP by watch is allowed in zoning.
09:04:50 So like it or not, it's basically a commercial street.
09:04:55 Number 3.
09:04:55 We are proposed proposing a mini wear project and U-Haul
09:04:59 trucks are expected to visit the site.
09:05:02 If we can't use Grace, it would involve the truck backing
09:05:06 and forward, backing and forward, nine separate movements to
09:05:09 turn that U-Haul truck around in our parking lot to come
09:05:13 back out onto cypress.
09:05:14 Likewise, the garbage trucks, the way we designed it and got
09:05:18 it signed off by people that do the garbage, the dumpster,
09:05:23 this way works.
09:05:25 So on Grace, go out on -- cypress, come out on Grace.
09:05:30 I have a graphic that shows the turning movements finance we
09:05:33 cannot get out on Grace.
09:05:34 Lastly, Abbye is absolutely correct, there are three houses
09:05:37 on Grace, but they are over a thousand feet away.
09:05:40 So I doubt our traffic will ever impact them or even drive
09:05:44 past them.
09:05:45 They are way over to the west of us.
09:05:47 And they are in an M.A.P.
09:05:49 The M.A.P. is Tampa Airport district.
09:05:52 It's supposed to be for nonresidential uses.
09:05:55 Based on the zoning the clear intense use of this area is
09:06:01 supposed to be for commercial use.
09:06:02 So we really need access to Grace to make it work.
09:06:05 I respectfully request that waiver if you all saw fit.
09:06:10 The second waiver is to deuce the minimum park requirements.
09:06:13 We are required to provide 32 parking spaces and we are
09:06:16 providing 10.
09:06:17 We respectfully request that you grant our waiver for a
09:06:19 couple of different reasons.
09:06:21 We are providing two very large loading zones, twice the
09:06:25 width and twice the length of mechanism requirements.
09:06:31 That's where most of the people are going to park when they
09:06:33 are loading and unloading their stuff.
09:06:36 So we feel that's where all the activity is going to be, not
09:06:40 in the parking spaces.
09:06:42 We estimate that these loading zones are loading zones on
09:06:46 steroids, it's called, are equivalent to ten parking spaces
09:06:50 so in effect we have 20 parking space than on-site, not ten
09:06:54 because we have such big loading zones.
09:06:56 Number two, according to the 2012 self-storage almanac, one
09:07:00 of the trade journals that we use in our industry, a
09:07:03 self-storage facility our size on average only needs 10 to
09:07:07 11 spaces.
09:07:08 I have a copy of that table I can provide.
09:07:12 For you to take a look at that.
09:07:14 Number 3, hour client built these around Florida and we
09:07:17 never had a parking problem with the ratio that we are
09:07:19 proposing.
09:07:20 So we would like to have that waiver.
09:07:25 That's kind of where that is.
09:07:28 Questions?
09:07:28 Finally, we have a couple of changes to the plan we would
09:07:31 like to enter into the record.
09:07:33 We are proposing a shaded loading zone, and that's very good
09:07:38 for our business.
09:07:38 That's very popular.
09:07:40 You pull in, in the shade.
09:07:42 You are not odd unloading in the sun.
09:07:44 It's like a porte-cochere.
09:07:47 We struggled to find a way to design it without getting hit
09:07:53 by a U-Haul truck offer whatever.
09:07:56 We would like to add to the plan a porte-cochere, and to be
09:08:03 able to design in the a way that we don't need posts but we
09:08:06 really like that shaded area.
09:08:08 It's very, very popular.
09:08:10 And we would like to add a note to the plan that says it may
09:08:13 be designed a little bit differently to eliminate the posts.
09:08:17 The second thing as Abbye mentioned in her report, in our
09:08:20 discussion was the stormwater people in the red line
09:08:22 district, right now we are proposing an maximum height of 47
09:08:27 feet.
09:08:27 Based on our original design.
09:08:29 We may need to elevate this building a little bit.
09:08:32 So we respectfully ask top F we change our plan between this
09:08:36 and the next hearing to make it 50 feet in height, not 47
09:08:39 feet.
09:08:39 Give us an extra 3 feet so if we have to elevate it, our
09:08:43 building more than originally planned, it still makes it
09:08:47 work.
09:08:48 Can R a airport standards an Lowry Park us to go to 50 feet
09:08:54 so we are not asking for any waivers to the airport
09:08:56 standard.
09:08:57 And with that hopefully I can answer any questions.
09:08:59 >>MIKE SUAREZ: Any questions from council at this time?
09:09:03 Okay.
09:09:04 Is there anyone in the public that would like to speak on
09:09:07 item number 8?
09:09:08 Item number 8.
09:09:10 REZ 16-571.
09:09:13 I see no one.
09:09:13 >> Move to close.
09:09:15 >>MIKE SUAREZ: I have a motion to close from Mr. Miranda.
09:09:17 Second from Mrs. Capin.
09:09:19 All in favor of that motion please indicate by saying aye.
09:09:21 Any opposed?
09:09:23 Mr. Reddick, would you mind taking item number 8?
09:09:26 Oh, wait a minute.
09:09:27 Do we have to open it again?
09:09:29 >> Cop the revisions with Mr. Mineer, the 50 feet and the
09:09:36 notation related to the canopy that is not on your revision
09:09:40 sheet.
09:09:40 So are if you could verbally address both of those items
09:09:43 when you make your motion I would greatly appreciate it.
09:09:45 Thank you.
09:09:46 >>MIKE SUAREZ: Clerk, did we take a vote on the closing of
09:09:50 the --
09:09:51 >>THE CLERK: I don't believe so.
09:09:53 >>MIKE SUAREZ: We still have a motion from Mr. Miranda.
09:09:55 We do have a second from Mrs. Capin.
09:09:57 All in favor of that motion please indicate by saying aye.
09:10:00 Any opposed?
09:10:02 Mr. Reddick, would you kindly take number 8?
09:10:05 >>FRANK REDDICK: Move an ordinance being presented for
09:10:07 first reading and consideration, an ordinance rezoning
09:10:09 property in the general vicinity much 4907 and 4909 West
09:10:12 Cypress street in the city of Tampa, Florida and more
09:10:15 particularly described in section 1 from zoning district
09:10:18 classification M.A.P. 17 airport compatibility to PD planned
09:10:24 development, air conditioned self-storage, providing an
09:10:27 effective date, including the revisions that was made by the
09:10:32 petitioner and approved by staff.
09:10:34 >> Second.
09:10:35 >>MIKE SUAREZ: I have a motion from Mr. Reddick.
09:10:37 I have a second from Mr. Maniscalco.
09:10:39 All in favor of that motion?
09:10:41 Any opposed?
09:10:42 Thank you.
09:10:43 >>THE CLERK: The motion carried unanimously.
09:10:46 Second reading and adoption will be on August 25th at
09:10:49 9:30 a.m.
09:10:50 >>MIKE SUAREZ: Terrific.
09:10:51 We already cleared up items number 9 and 10.
09:10:54 Information reports.
09:10:55 New business.
09:10:56 Mr. Miranda.
09:10:56 >>CHARLIE MIRANDA: Honorable chairman, I need to make a
09:11:01 commendation to the fine young man hop earned the rank of
09:11:06 Eagle Scout.
09:11:07 He is a member of the Boy Scouts of America troop 53 and
09:11:12 scheduled in Palma Ceia United Methodist Church at 3723 west
09:11:16 bay top bay Boulevard at 3 p.m. on September 37, 2016.
09:11:21 >> Second.
09:11:23 >>MIKE SUAREZ: I have a second from Mr. Maniscalco.
09:11:25 All in favor of that motion?
09:11:27 Any opposed?
09:11:29 Anything else, sir?
09:11:30 >> That's it.
09:11:31 >>FRANK REDDICK: Just one item.
09:11:32 I want to make a motion to present a commendation to Tony
09:11:37 Dungy hop was just enshrined into the than national Hall of
09:11:44 Fame football, and.
09:11:50 >> We have a motion from Mr. Reddick, second by Mr.
09:11:53 Maniscalco.
09:11:54 All in favor?
09:11:55 Anything else, sir?
09:11:57 Mrs. Capin?
09:11:58 >>YVONNE CAPIN: None.
09:11:59 >> Mr. Cohen.
09:12:01 >>HARRY COHEN: No, thank you.
09:12:03 >>GUIDO MANISCALCO: Unanimous.
09:12:04 >>MIKE SUAREZ: Mrs. Montelione.
09:12:06 >>LISA MONTELIONE: Yes.
09:12:07 On Tuesday evening, a very important community leader passed
09:12:12 away, Mohammed Abu Hussein who was a leader in the Muslim
09:12:21 community, not just here in Tampa but all of Tampa Bay, and
09:12:25 he worked to bring all faiths together, and work towards a
09:12:28 better more peaceful understanding between all.
09:12:31 So I would ask that Tampa chair draft a letter of condolence
09:12:38 to be delivered -- at the appropriate time, delivered to his
09:12:41 wife, and her children, to show our respect for his work in
09:12:48 the community, and offer condolences on our behalf.
09:12:55 >> A motion from Mrs. Montelione, second by Mr. Cohen.
09:12:59 All in favor?
09:13:00 Any opposed?
09:13:01 Anything else, Mrs. Montelione?
09:13:04 >>LISA MONTELIONE: That's all.
09:13:04 >>MIKE SUAREZ: Can I get a motion to receive and file?
09:13:07 >> So moved.
09:13:08 >> Second.
09:13:08 >>MIKE SUAREZ: If there's nothing else before us is there
09:13:11 anyone that --
09:13:13 >>THE CLERK: There was no vote on that motion.
09:13:15 >>MIKE SUAREZ: I apologize.
09:13:16 All in favor of that motion to receive and file.
09:13:18 Did we get one?
09:13:21 Did you get the maker and the seconder?
09:13:24 >>THE CLERK: No, I did not.
09:13:25 >>MIKE SUAREZ: The maker was Mrs. Montelione.
09:13:28 The seconder was Mr. Cohen.
09:13:30 All in favor?
09:13:32 Thank you very much.
09:13:33 (Council meeting adjourned.)
09:13:37
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