Tampa City Council
Thursday, August 25, 2016
6:00 p.m. session
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
06:02:07 [Sounding gavel]
06:03:34 >>MIKE SUAREZ: Tampa City Council is now called to order.
06:03:36 Roll call.
06:03:36 >>CHARLIE MIRANDA: Here.
06:03:38 >>YVONNE CAPIN: Present.
06:03:39 >>HARRY COHEN: Here.
06:03:40 >>GUIDO MANISCALCO: Here.
06:03:42 >>LISA MONTELIONE: Here.
06:03:43 >>MIKE SUAREZ: Here.
06:03:44 Before we get into our agenda, I wanted to introduce miss
06:03:48 Rebecca Heinstead, the head of our Mayor's Youth Corp group.
06:03:56 If I could ask you to come up here and have all the members
06:03:58 of the youth core come up and say your name and what school
06:04:01 you are from.
06:04:02 And you get extra points if any of you are from Jefferson
06:04:05 high school.
06:04:06 You get demerits if you are from Leto.
06:04:10 (Laughter).
06:04:10 >> Rebecca Heinstead.
06:04:19 I am prepared to present the other half of the Mayor's Youth
06:04:21 Corps 2016.
06:04:23 >> I'm a senior at Hillsborough.
06:04:25 >> I'm a senior at Tampa Catholic.
06:04:35 >> I'm a junior at Plant High School.
06:04:38 >> I'm also a junior at Plant High School.
06:04:44 >> I am a sophomore at Steinbrenner.
06:04:49 >> I'm a junior at Blake high school.
06:04:54 >> I'm a junior at Freedom high school.
06:04:59 >> I'm a senior at Blake high school.
06:05:04 >> I'm a sophomore at Robinson high school.
06:05:10 >> I'm a sophomore.
06:05:16 >> I'm a senior at Robinson high school.
06:05:19 >> I'm a sophomore at day school.
06:05:27 >> I'm Gabriella, a senior at Christian.
06:05:33 >> I'm a junior at Robinson.
06:05:37 >> I'm a sophomore.
06:05:40 >> I'm a junior at Middleton high school.
06:05:45 >> I'm a sophomore at Robinson high school.
06:05:51 >> I'm a senior at the Christian.
06:05:59 >> I'm also a senior at the Christian.
06:06:02 >> I'm a senior at Jesuit.
06:06:04 >>CHARLIE MIRANDA: Mr. Chairman, I call for an internal
06:06:11 affairs investigation.
06:06:13 We have no one at Jefferson.
06:06:15 >>YVONNE CAPIN: I second it.
06:06:16 >> I third it.
06:06:17 >> Council members from Jefferson, please talk to Jefferson
06:06:20 high school.
06:06:20 We can only pick from the students who apply.
06:06:23 And sometimes --
06:06:28 >> There are seven of us here.
06:06:30 >> I'm very pleased.
06:06:33 Thank you.
06:06:34 >>CHARLIE MIRANDA: We are only joking about that.
06:06:36 >>MIKE SUAREZ: Thank you for joining the Mayor's Youth
06:06:39 Corps.
06:06:41 Tonight's meeting is a little different.
06:06:42 I'm sure that she talked to you a little about land use.
06:06:45 We usually have evening meetings that deal with land use.
06:06:49 It's very specific and is much more like a court case than
06:06:52 you would see normally during the day.
06:06:54 So welcome.
06:06:55 I hope you learn a lot.
06:06:56 And we appreciate you being here.
06:06:58 >>YVONNE CAPIN: We don't send anyone to prison.
06:07:04 (Laughter)
06:07:04 >>MIKE SUAREZ: Okay.
06:07:09 Can I get a motion to open items 1 through 7?
06:07:14 >> So moved.
06:07:14 >>MIKE SUAREZ: I got a motion from Mr. Miranda.
06:07:16 I have a second from Mrs. Capin.
06:07:19 All in favor of that motion?
06:07:21 Any opposed?
06:07:23 Those members that going -- those folks that going to speak
06:07:26 on items 1 through 7, please rise and be sworn in at this
06:07:29 time.
06:07:30 Please raise your right hand and be sworn in.
06:07:33 If you are going to speak, if you think you are going to
06:07:37 speak, please stand up and be sworn in.
06:07:40 Thank you.
06:07:40 (Oath administered by Clerk).
06:07:42 >>MIKE SUAREZ: Item number 1.
06:07:50 Ms. Moreda.
06:07:51 >>GLORIA MOREDA: Council, if you would, we do have items 4
06:07:56 and 5 that have requested a continuance to September 22nd.
06:08:03 The applicant is here if you would like to take that first.
06:08:06 >>MIKE SUAREZ: Petitioner?
06:08:09 >> My name is Grace Yang.
06:08:12 I am with the Gray Robinson law firm, 401 East Jackson
06:08:15 Street, Tampa.
06:08:17 I have been sworn.
06:08:18 Here on behalf of the Tampa Yacht and Country Club.
06:08:22 You should have received our request for continuance last
06:08:25 week.
06:08:25 And I'm here to address any questions you may have.
06:08:28 We would appreciate the continuance to September.
06:08:31 We have been having productive dialogue with the neighbors,
06:08:34 and some of the surrounding owners have expressed concerns,
06:08:37 and we feel that an additional month of time would allow us
06:08:41 some more time to resolve some important issues.
06:08:43 Thank you.
06:08:43 >>MIKE SUAREZ: Thank you.
06:08:44 Is there anyone in the public that would like to speak to
06:08:47 the continuance on item 4 or 5?
06:08:49 Please come forward at this time.
06:08:52 I see no one.
06:08:59 Continue to September 22nd.
06:09:01 Is that correct?
06:09:03 >> 22nd.
06:09:04 >>MIKE SUAREZ: Is it the 22nd you are looking for?
06:09:09 >>MIKE SUAREZ: Yes, sir.
06:09:10 22nd at 6 p.m.
06:09:12 >> I want to let you know that I will not be in attendance
06:09:15 at that meeting.
06:09:16 Okay.
06:09:16 >> We will miss you.
06:09:19 (Laughter).
06:09:22 >> Very excited I am not going to be here on the 22nd.
06:09:28 So Mr. Reddick has made a motion.
06:09:30 Who is the second?
06:09:31 Mr. Cohen second.
06:09:33 All in favor of that motion to continue the public hearing
06:09:36 until September 22nd at 6:00 p.m., please indicate by saying
06:09:39 aye.
06:09:41 Any opposed?
06:09:41 Thank you.
06:09:43 Appreciate it.
06:09:44 Okay.
06:09:47 Ms. Moreda, back to number 1.
06:09:49 >>GLORIA MOREDA: Land development.
06:09:51 This is AB 2-16-17.
06:09:54 It concerns property at 2223 north Westshore Boulevard,
06:10:01 specifically unit D-213.
06:10:04 It is part of the International Plaza shopping center.
06:10:09 The request is for a restaurant, beer, wine liquor,
06:10:14 on-premises consumption only.
06:10:16 They are proposing an inside area of 1,754 square feet,
06:10:23 outside area 294 square feet for a total of 2058 square
06:10:29 feet.
06:10:30 The shopping center has over 6,000 parking spaces, and they
06:10:34 are indicating the hours of operation will be according to
06:10:40 chapter 14.
06:10:42 Everybody, I think, pretty much knows where International
06:10:44 Plaza is.
06:10:47 Off of Boy Scout.
06:10:51 Previously there was early of sandwich at that location.
06:10:59 The back area where the factory S.the request is consistent
06:11:09 with requirements for alcohol beverage, since this is a
06:11:13 large development.
06:11:15 The side is part of the Westshore -- site is part of the
06:11:19 Westshore business center and they are also on Hartline run
06:11:23 15.
06:11:25 Staff has no objections to this request.
06:11:28 >>MIKE SUAREZ: Questions by council of staff?
06:11:35 Petitioner?
06:11:37 >> Anne Pollack with Fisher and Fisher, 501 East Kennedy.
06:11:42 I don't need to repeat much of what Ms. Moreda said.
06:11:45 We are planning to be a restaurant.
06:11:47 We will, of course, make sure that the alcohol sales are
06:11:53 incidental to the food sales.
06:11:56 This is planning to be a lobster themed restaurant.
06:12:00 And hours align with code.
06:12:05 No opposition.
06:12:06 And we are not asking for any waivers.
06:12:08 So we would respectfully ask for your support.
06:12:11 >>MIKE SUAREZ: A lobster restaurant?
06:12:16 >> Yes.
06:12:16 The lobster trap, I believe.
06:12:19 >>MIKE SUAREZ: [Off microphone.] any questions from
06:12:27 council?
06:12:28 Is there anyone in the public that would like to speak on
06:12:30 item number 1?
06:12:31 Item number 1.
06:12:32 I see no one.
06:12:33 >>CHARLIE MIRANDA: Move to close.
06:12:35 >>MIKE SUAREZ: Motion to close from Mr. Miranda.
06:12:37 Second from Mrs. Montelione.
06:12:38 All in favor of that?
06:12:40 Any opposed?
06:12:41 Thank you.
06:12:47 Mr. Clerk?
06:12:52 That was to close.
06:12:53 Okay.
06:12:53 First reading I will give to Mrs. Montelione.
06:12:55 >>LISA MONTELIONE: Thank you.
06:12:57 I move an ordinance being presented for first reading
06:13:00 consideration, an ordinance approving a special use permit
06:13:02 S-2 for alcoholic beverage sales, restaurant, consumption on
06:13:06 premises only and making lawful the sale of beverages
06:13:08 regardless of alcoholic content beer wine and liquor on that
06:13:11 certain lot or plot or tract of land located at 27223
06:13:15 Westshore Boulevard unit B-213 Tampa, Florida more
06:13:19 particularly described in section 2, that all ordinances oar
06:13:22 parts of ordinances in conflict are repealed, providing an
06:13:24 effective date.
06:13:24 >> Second.
06:13:26 >>MIKE SUAREZ: Motion by Mrs. Montelione.
06:13:28 I have a second from Mr. Miranda.
06:13:31 All in favor of that motion?
06:13:32 Any opposed?
06:13:33 >>THE CLERK: Motion carried unanimously.
06:13:35 Second reading and adoption will be on September 15th at
06:13:41 9:30 a.m.
06:13:42 >>MIKE SUAREZ: Item 2.
06:13:43 >>GLORIA MOREDA: AB 2-16-20.
06:13:47 The request is for property at 402 South Howard Avenue World
06:13:54 of Beer.
06:13:55 The property is currently zoned CG.
06:13:57 They do have current alcohol permit.
06:14:07 They are proposing to change to a bar beer wine and liquor
06:14:11 for consumption on premises only.
06:14:12 The site plan indicates that the inside area is -- wait a
06:14:17 minute, I think this is the one write think I did it wrong.
06:14:21 The outside area is 2,802 square feet.
06:14:27 The inside area is 17,145 square feet for a total of 3,947
06:14:36 square feet.
06:14:37 The site plan shows nine off-street parking spaces.
06:14:42 They are needing a waiver of a number of things.
06:14:45 As a bar they are required to have a distance separation of
06:14:48 1,000 feet from residential.
06:14:50 They are setback of 84 feet.
06:14:53 Other AB establishments, 1,000-foot separation is required.
06:14:57 They have 144 seats.
06:15:01 The institutional use they are required to have a 1,000-foot
06:15:04 separation.
06:15:04 They are at 931 feet.
06:15:07 They are asking a waiver to allow outdoor amplified sound
06:15:11 between the hours of 6 p.m. and 10 p.m. on Friday and
06:15:16 Saturday, as well as during temporary special events
06:15:21 consistent with section 27-282.16.
06:15:27 In both instances they would be no later than 12 a.m.
06:15:31 They are asking for a parking waiver from 45 spaces to nine,
06:15:38 as well as to allow for access off of Azeele street.
06:15:45 The existing facility has an occupant load of 179 persons.
06:15:52 And they are needing a number of revisions to the site plan
06:15:56 that are detailed in my staff report.
06:16:01 In terms of inconsistent findings, transportation also is
06:16:05 objecting to the reduction of parking as well as the access
06:16:10 to Azeele.
06:16:12 The property is in the South Howard overlay district.
06:16:17 They are considered a mixed use transit emphasis corridor.
06:16:22 Hartline does run on Howard Avenue, generally between, we
06:16:28 say, from 5 a.m. to 1 a.m., weekends 9 a.m. to 10 p.m.
06:16:33 In terms of the distance separation, they are asking for a
06:16:37 reduction.
06:16:38 The nearest is at 2204 west Azeele street.
06:16:43 In terms of the nearest AB location that job the Yard of Ale
06:16:50 at 406 South Howard, and they are near the Montessori
06:16:54 children's house at 2415 west Cleveland.
06:17:00 Staff did find it consistent with code.
06:17:07 I have the general location map.
06:17:12 On the corner of Howard and Azeele.
06:17:24 This is a picture of the back area.
06:17:27 You can tell here, this is the residential that's nearest in
06:17:30 the rear, across the street there is -- that's the building
06:17:36 across the street.
06:17:41 You know, Howard Avenue has a number of commercial
06:17:44 establishments all up and down.
06:17:47 That's another view of the existing facility here.
06:17:53 That's the outdoor station, the ale house.
06:17:57 Do you have any questions?
06:17:58 >>MIKE SUAREZ: Any questions by council at this time?
06:18:01 Petitioner?
06:18:01 >> Michael Horner, 14502 North Dale Mabry highway Tampa
06:18:08 33618 representing World of Beer.
06:18:11 With me tonight is Paul Jacobs who is nursing a bad back.
06:18:16 We try to have him come over after I'm finished.
06:18:21 She gave you a very thorough report.
06:18:23 Council members, this World of Beer has been in existence
06:18:26 since 2007.
06:18:27 The wet zoning has been in place since 2005.
06:18:30 That 2(COP) has existed since that time. This is just an
06:18:34 upgrade to the 4(COP) to allow an additional offering to
06:18:37 their patrons.
06:18:40 Same spaces are remaining.
06:18:42 We are not asking for any less.
06:18:43 We are not providing any more because we are dictated by the
06:18:46 site constraints.
06:18:47 Same number of seats.
06:18:48 Same bar area.
06:18:49 Same hours of operation.
06:18:51 The patrons do not increase in number by virtue of the
06:18:54 offering from the beer and wine to the alcohol.
06:18:57 They just like to have that as an option.
06:19:01 >>MIKE SUAREZ: Ms. Capin.
06:19:03 >>YVONNE CAPIN: It says the same hours of operation but
06:19:06 they are not, because previously it was -- the proposed is
06:19:12 consistent with chapter 14, and now it's 2 p.m. to 1 a.m.,
06:19:16 12 to 3 and 12 to 12 a.m.
06:19:19 That's not what chapter 14 is.
06:19:25 Maybe you can clarify what those hours are.
06:19:27 >> Staff report allows for 7 a.m. to 3 a.m.
06:19:36 Basically Monday through Saturday.
06:19:39 On Sunday 11 a.m. to 3 a.m.
06:19:43 >> We are not changing the hours from the existing hours for
06:19:51 this application.
06:19:51 >>YVONNE CAPIN: It says here that it's proposed to change.
06:19:55 The hours here are not the same as chapter 14.
06:19:59 They had Thursday 2 p.m. to 1 a.m.
06:20:02 Friday, Saturday, 12 p.m. to 3 a.m.
06:20:05 Then Sunday 12 p.m. to 2 a.m.
06:20:09 >> The hours listed in the report are the corrected hours
06:20:11 that we are asking for.
06:20:12 The hours that appear in the site plan --
06:20:15 >>YVONNE CAPIN: I'm sorry, okay.
06:20:16 I'm looking at the staff report.
06:20:18 >> And those are the same hours that exist currently for
06:20:21 World of Beer.
06:20:21 >> Okay, thank you.
06:20:25 I just saw that inconsistency.
06:20:27 >> And we are one of the first establishments out there to
06:20:32 take a lead on the noise ordinance.
06:20:34 I missed the meeting this morning but I did participate on
06:20:37 monitor at least, poked my head in, and I heard some of the
06:20:40 commentary.
06:20:41 We agreed to the final situated judgment.
06:20:44 I think it was e-mailed to you all yesterday.
06:20:47 We have a very strain gentleman operating for both recorded
06:20:51 and live music and we abide by those and I think the
06:20:55 workshop will be held in the future as well.
06:20:58 We reached out to the neighborhood.
06:20:59 We stand before you, I think, with support from the
06:21:02 neighborhood.
06:21:02 We are pleased with that.
06:21:04 There have been a few issues years ago, corporate owned,
06:21:10 corporate managed, and we have, I think, solved all of the
06:21:13 issues that have been brought to our attention.
06:21:16 It's also an opportunity for screening on the eastern side
06:21:19 which is fairly close to some beautiful townhomes, and some
06:21:23 representatives from that HOA might be here as well.
06:21:27 Rather than a another wooden fence we would like to do
06:21:30 something more creative and work through the details with
06:21:33 the HOA.
06:21:36 This is the same location, same size, same operating
06:21:39 conditions.
06:21:40 We do have those waivers in place.
06:21:43 Those waivers have been here for a number of years and the
06:21:45 old operating classifications.
06:21:47 Just to add the alcohol to the component.
06:21:49 >>YVONNE CAPIN: I have a follow-up because I looked at it
06:21:52 on the site plan.
06:21:53 It's the same as the staff report.
06:21:55 >> And we are consistent.
06:21:56 >>YVONNE CAPIN: It does not reference chapter 14 at all.
06:21:59 >> We are consistent with those hours on the plan which is
06:22:03 reflected.
06:22:03 >>YVONNE CAPIN: This is the hours you are open.
06:22:08 But you are under chapter 14 now.
06:22:12 >> The hours that we are --
06:22:14 >>YVONNE CAPIN: You can open anytime between those hours,
06:22:17 but whereas if we grant these hours, they stay, and that's
06:22:21 not something that I look at very fondly.
06:22:28 >> I understand.
06:22:31 I would ask Mr. Jacob to address that specifically, if you
06:22:34 have any other questions, be happy to answer any questions.
06:22:38 Thank you.
06:22:38 >> Good evening.
06:22:43 My name is Paul Jacobs, World of Beer.
06:22:45 And we are located at 402 South Howard Avenue.
06:22:49 We are asking for this to be consistent with our brand.
06:22:52 All of our other taverns in Tampa currently serve spirits,
06:22:57 beer and wine.
06:22:58 We aren't changing the number of people we are servicing.
06:23:03 We are just looking for an opportunity to solve a problem
06:23:06 that our client are looking for.
06:23:09 Are there any direct questions I can answer for you?
06:23:11 >>YVONNE CAPIN: Yes.
06:23:14 Consistent with chapter 14.
06:23:16 That's where you are at now.
06:23:18 And why has it changed?
06:23:20 >> We changed times some time ago.
06:23:24 We have kept consistent with --
06:23:27 >>YVONNE CAPIN: Chapter 14 allows to you open from 5 a.m.
06:23:30 to 3 a.m.
06:23:31 You can operate anytime in between there but if you operate
06:23:34 at those hours, it's different than what chapter shallows,
06:23:37 which doesn't matter.
06:23:39 It just lets you know.
06:23:42 This stays with the land.
06:23:46 >> Okay.
06:23:48 Chapter 14 is Friday and Saturday 12 p.m. to 3 a.m.
06:23:52 Correct?
06:23:53 And 1 a.m.
06:23:54 How are we differing?
06:23:56 >>YVONNE CAPIN: No.
06:23:57 You are differing because these hours will stay, where
06:24:03 chapter 14 allows these hours, but -- should you want to
06:24:08 open -- should you want to open Thursday at 2 p.m. at noon
06:24:15 you can under chapter 14.
06:24:17 You can't with this.
06:24:18 >> Okay.
06:24:21 >>YVONNE CAPIN: And that's what you have now.
06:24:23 >> So if we follow through with chapter 14 it's standard.
06:24:29 >>YVONNE CAPIN: What the city --
06:24:34 >> So we can be consistent with chapter 14.
06:24:37 We can make those provisions.
06:24:39 >>YVONNE CAPIN: Between first and second reading if you
06:24:42 want to.
06:24:42 Fine.
06:24:43 Thank you.
06:24:43 >> On the site plan.
06:24:45 Sorry I wasn't understanding the complete question.
06:24:46 >>YVONNE CAPIN: I thought that you weren't.
06:24:49 Okay.
06:24:49 >> Are there any other questions I can answer for you?
06:24:52 >> You understand what she's saying is that you have the
06:24:54 ability to do chapter 14, which is a more broad --
06:24:58 >> Broader.
06:25:00 >> And are these are hours of operation currently?
06:25:05 >> Currently, yes.
06:25:06 >> It's up to you.
06:25:07 You can make your choice.
06:25:08 >> Right.
06:25:10 Thank you very much.
06:25:11 >>MIKE SUAREZ: Mrs. Montelione?
06:25:16 >>LISA MONTELIONE: And as I always point out -- and I
06:25:19 sympathize with your back.
06:25:20 That's why I am sitting in way because I am having back
06:25:23 issues myself.
06:25:25 >> I feel for you.
06:25:25 >>LISA MONTELIONE: We have been in these chairs a long time
06:25:29 now today.
06:25:32 But if chapter 14 changes, then your hours of operation also
06:25:37 change.
06:25:40 So for clarification sake.
06:25:42 >> Thank you.
06:25:42 >>MIKE SUAREZ: Mr. Cohen.
06:25:44 >>HARRY COHEN: I am very interested to hear what the public
06:25:50 has to say about this, particularly the neighborhood.
06:25:53 I'm a little bit surprised that there would be such
06:25:59 widespread support for it because of the number of waivers
06:26:01 that there are here, and the constant issues that we deal
06:26:06 with on Howard Avenue.
06:26:10 So I'm interested to hear what -- what makes it compelling
06:26:20 to add full liquor to what is an extremely congested and
06:26:24 difficult area to manage right now.
06:26:26 >>MIKE SUAREZ: Any other questions at this time?
06:26:33 Mr. Horner, are you finished with your presentation?
06:26:36 >> We agree to the chapter 14 hours.
06:26:43 Thank you.
06:26:43 >>MIKE SUAREZ: Is there Flynn in the public that would like
06:26:46 to speak to item number 2 at this moment?
06:26:48 Please come forward, state your name, and -- yes, sir.
06:26:51 >> My name is Adam Smith.
06:26:55 Let me correct a couple things.
06:26:56 The closest resident, I live there so I know.
06:27:01 Second, I would like to say speaking for my HOA, but I just
06:27:07 returned to the city a couple of days ago and I haven't had
06:27:10 time to speak to everyone.
06:27:11 I just want you guys to know, a long time ago, about three
06:27:15 years ago, I was in here frequently complaining about World
06:27:18 of Beer.
06:27:19 There were a lot of issues that I had.
06:27:21 I know some of you probably remember me.
06:27:23 And will, anyway, I could tell you, though, from personal
06:27:28 experience they have definitely got significantly better.
06:27:31 And I haven't had a complaint on them at all in over a year.
06:27:37 I remember when this was all going down they said please be
06:27:40 patient with us, woo we are going to correct this problem,
06:27:43 please be patient, and I am not the most patient of all
06:27:48 people so I apologize.
06:27:52 However, I can tell you in a long-term solution they have
06:27:55 definitely done right by the community.
06:27:56 They have done right by me.
06:27:58 And they have done right -- I went through federal service
06:28:04 academy.
06:28:05 It's by New York.
06:28:07 Our motto was acting on VERBA.
06:28:10 And they have abided by that.
06:28:12 They have not stand here and said we are going to be good
06:28:16 neighbors and then done nothing.
06:28:17 They have actually proven that they have earned the right to
06:28:20 have a liquor license.
06:28:21 I personally do not believe that a liquor license is a
06:28:25 right.
06:28:26 It's a privilege.
06:28:27 And they have earned the privilege of receiving a liquor
06:28:30 license, I believe.
06:28:31 And so that is my personal opinion.
06:28:33 I thank you for your time.
06:28:34 >>MIKE SUAREZ: Is there anyone else in the public that
06:28:40 would lake to be speak on item number 2, AB 2-16-207?
06:28:45 I have a motion to close from Mrs. Montelione.
06:28:48 I apologize.
06:28:48 If you want, go ahead, sir.
06:28:50 >>HARRY COHEN: I think that's wonderful.
06:28:53 And I am thrilled to hear that they have been such a good
06:28:56 neighbor.
06:28:57 And that's definitely want we want to encourage.
06:29:00 But this is for us, and we have no parking here, and we are
06:29:04 constantly battling with these issues of noise and
06:29:09 excessive, you know, accepted density of alcohol in this
06:29:13 area.
06:29:15 And, you know, again, I am glad that the vendor has been so
06:29:21 responsible, but I'm not going to be able to support this.
06:29:24 >>MIKE SUAREZ: Any other comments or questions before we go
06:29:29 forward?
06:29:30 Well, hang on a second.
06:29:33 I want to make sure we aren't going to have anyone else.
06:29:36 Let me ask one more time of the public.
06:29:38 Is there anyone else in the public to be speak at this time
06:29:40 on item number 2?
06:29:41 Okay.
06:29:42 What were you going to say?
06:29:44 >>YVONNE CAPIN: Yes, Mr. Cohen, I understand what you are
06:29:47 saying.
06:29:47 But it is now -- it is now with nine parking spaces.
06:29:55 Nothing is changing.
06:29:58 And they seem to be working very well with the neighborhood.
06:30:01 So that is a big plus.
06:30:04 But it's not changing.
06:30:06 It's nothing new.
06:30:07 Okay.
06:30:07 >>MIKE SUAREZ: Any other comments or questions from
06:30:10 council?
06:30:12 Mr. Horner, you have a right to rebuttal.
06:30:16 >> Thank you.
06:30:18 I will be brief.
06:30:19 I would just say Councilman Cohen the moment that I was
06:30:23 monitoring the discussions this morning on the noise
06:30:25 ordinance, I heard you say and others, this has got to be
06:30:30 resolved between property owners and business owners.
06:30:34 That's the challenge.
06:30:35 Some have done that.
06:30:36 Some have not.
06:30:37 And I made a commitment to these neighbors that we would not
06:30:41 file this 4(COP) until such time they could support it.
06:30:45 And that did not come easy.
06:30:48 They held our feet to the fire, and my client, to his
06:30:51 credit, performed.
06:30:52 And we are happy to stand up here.
06:30:54 Doesn't happen too often in SoHo.
06:30:56 We have a support of an HOA or property owner abutting.
06:31:01 And as he said I think we have earned that right.
06:31:03 I'm proud of the World of Beer.
06:31:06 Thank you.
06:31:06 >>MIKE SUAREZ: We had a motion to close from Mrs.
06:31:08 Montelione, a second from Mr. Maniscalco.
06:31:11 All in favor of that motion to close?
06:31:13 Any opposed?
06:31:15 Mr. Maniscalco, will you please take item number 2, sir.
06:31:17 >>GUIDO MANISCALCO: An ordinance being presented for first
06:31:22 reading K an ordinance approving a special use permit S-2
06:31:25 for alcoholic beverage sales, bar lounge couples on premises
06:31:29 only and making lawful the sale of beverages regardless of
06:31:31 alcoholic content, beer, wine and liquor on that certain
06:31:34 lot, plot or tract of land located at 402 South Howard
06:31:39 Avenue Tampa, Florida as more particularly described in
06:31:42 section 2, that all ordinances or parts of ordinances in
06:31:45 conflict are repealed, providing an effective date.
06:31:50 With changes to the site plan between now and second
06:31:53 reading.
06:31:53 >>MIKE SUAREZ: I have a motion by Mr. Maniscalco.
06:31:57 I have a second from Mrs. Montelione.
06:31:59 All in favor of that motion please indicate by saying aye.
06:32:01 Any opposed?
06:32:02 >>THE CLERK: The motion carried with Miranda and Cohen
06:32:07 voting no.
06:32:08 Second reading and adoption will be on September 15th at
06:32:12 9:30 a.m.
06:32:13 >>MIKE SUAREZ: Thank you.
06:32:14 Item number 3.
06:32:15 >>GLORIA MOREDA: Land development.
06:32:17 This is AB 2-16-271.
06:32:21 It is property located at 233 and 235 East Davis Boulevard.
06:32:28 It is -- the request is for a small venue, beer, wine,
06:32:32 liquor, on-premises consumption in package sales consumption
06:32:41 for a restaurant.
06:32:41 The proposed AB sales area is 4,787 square feet inside, 946
06:32:51 square feet outside for a total of 5,733 square feet.
06:32:58 The property is currently approved for alcoholic beverage
06:33:01 permits for a restaurant, beer, wine, liquor consumption on
06:33:06 premises only.
06:33:07 They have on their site plan their hours of operation Monday
06:33:10 through Sunday, 11 a.m. to 3 a.m.
06:33:13 They are needing waivers of distance separation, 250 feet
06:33:20 from other AB sales areas to 14 feet, and 250 feet to 80
06:33:27 feet nearest residential uses.
06:33:29 The property is also needing a waiver of off-street parking
06:33:35 from 135 spaces.
06:33:40 An existing shopping center on Davis Boulevard.
06:33:45 Right at the intersection of Biscayne and Davis.
06:33:48 That area of Davis Boulevard, where you have the angle
06:33:52 parking that's in the public right-of-way.
06:33:54 Normally, transportation division has looked at this area
06:33:59 and treats each of those parcels as a shopping center that
06:34:04 allows them to have the uses of office, retail, personal
06:34:07 service.
06:34:08 But when a restaurant or something else requires more
06:34:12 parking than that it is treated as a change of use.
06:34:15 That is why they are asking for the reduction of off-street
06:34:20 parking from 135 to zero.
06:34:24 The mix of the shopping center, they have about 14,500
06:34:29 square feet, currently have veterinary office, general
06:34:33 office, retail, personal service, and a couple of other
06:34:37 restaurants.
06:34:38 So their parking is based on that mix of uses.
06:34:42 Staff did find the request inconsistent as they are meeting
06:34:49 the separations from both residential and other AB
06:34:52 establishments, as well as the increase in capacity for the
06:34:57 restaurant, will require additional parking.
06:35:01 Their occupant load is estimated to be about 273 persons.
06:35:06 The site plan does require some minor changes before first
06:35:12 and second reading if council is inclined to approve this.
06:35:15 Transportation is also concerned about the waiver of the
06:35:19 parking at this location.
06:35:22 The property is in the future land use, CMU 35 which means
06:35:28 that this is a mixed use corridor, and it is part of Davis
06:35:32 Island urban village.
06:35:34 The nearest AB establishment is a cafe in the same complex
06:35:40 as the nearest residential is at 236 Columbia drive.
06:35:50 I have a photograph of the existing locations and
06:35:53 restaurant.
06:35:54 They are expanding into the neighboring tenant space.
06:35:59 The picture of the property directly off the street on
06:36:02 Davis.
06:36:04 And there's a gas station and 7-Eleven on the other side of
06:36:19 Biscayne.
06:36:19 If you have any questions I'm available.
06:36:21 >>MIKE SUAREZ: Petitioner?
06:36:24 >>STEVE MICHELINI: Here on behalf of John Hart and island
06:36:29 pizza.
06:36:29 This is basically an expansion of their existing pizza
06:36:32 business.
06:36:36 The pizza business has been there for 25 years.
06:36:39 This is a 1200 square foot addition to that, 450 square feet
06:36:44 of that will be additional brand new kitchen, and 750 square
06:36:48 feet will be additional dining area.
06:36:52 If you remember on Davis Island, everything in the 200 block
06:36:55 of east Davis has only on-street parking.
06:37:00 And previously under your other petition, you waived 98
06:37:04 parking spaces.
06:37:05 So when you add the additional square footage here, that's
06:37:08 what if difference is in the waiver.
06:37:10 None of those building establishments can survive without
06:37:13 that on-street parking.
06:37:15 And approximately 10 years ago transportation recognized all
06:37:19 of that parking as existing and to remain as a service area
06:37:24 for the entire commercial center.
06:37:27 The intent here is to allow them to sell craft beers to go.
06:37:33 And that really was the original purpose.
06:37:35 They also had special liquors that they would like to sell
06:37:39 to go.
06:37:40 We certainly would be happy to answer any questions you
06:37:42 have.
06:37:44 As I said, the increase in the square footage of the
06:37:48 addition is what's causing the additional parking waiver.
06:37:52 And you have already waived 98 parking spaces under the
06:37:56 previous petition.
06:37:57 I would be happy to answer any questions you might have.
06:37:59 >>MIKE SUAREZ: Any questions from council at this time?
06:38:02 Is there anyone in the public that would like to speak on
06:38:05 item number 3, file AB 2-16-217?
06:38:09 >>CHARLIE MIRANDA: Move to close.
06:38:11 >> Second.
06:38:11 >>MIKE SUAREZ: Motion to close from Mr. Miranda, second
06:38:14 from Mr. Maniscalco.
06:38:15 All in favor of that motion? Any opposed?
06:38:18 Mr. Cohen, will you kindly take item number 3.
06:38:21 >>HARRY COHEN: I present an ordinance for first reading
06:38:29 consideration, an ordinance approving a special use permit
06:38:33 S-2 for alcoholic beverage sales, small venue couples on
06:38:36 premises and retail package sales offpremises consumption
06:38:40 making lawful the sale of beer wine and liquor at or from
06:38:44 that certain lot, plot or tract of land located at 233 and
06:38:48 235 East Davis Boulevard, Tampa, Florida, as more
06:38:51 particularly described in section 2 that all ordinances or
06:38:54 parts of ordinances in conflict are repealed, providing an
06:38:57 effective date.
06:38:57 >> Second.
06:39:00 >>MIKE SUAREZ: Motion by Mr. Cohen.
06:39:01 Second by Mr. Maniscalco.
06:39:03 All in favor of that motion please indicate by saying aye.
06:39:05 Any opposed?
06:39:06 >>YVONNE CAPIN: No.
06:39:08 >>THE CLERK: Motion carried with Capin voting no.
06:39:11 Second reading and adoption will be on September 15th at
06:39:13 9:30 a.m.
06:39:15 >>MIKE SUAREZ: We have taken care of item number 4 and 5.
06:39:25 They have been continuously.
06:39:26 Item number 6.
06:39:27 >>ABBYE FEELEY: Land Development Coordination.
06:39:32 I'm here tonight with related to 2010 west Morrison Avenue.
06:39:39 Before you this evening is both a rezoning application and
06:39:43 an alcoholic beverage application.
06:39:45 And we can get started.
06:39:49 The request of REZ 1665 located at 2010 west Morrison is
06:39:56 from an RS-60 residential single-family to a CN neighborhood
06:40:01 commercial.
06:40:01 This case is located in the Historic Hyde Park area.
06:40:08 This case did go before the ARC on August 17th for a
06:40:13 recommendation.
06:40:14 That recommendation was for denial.
06:40:16 And that motion is articulated in my staff report.
06:40:22 In addition, I do have hard copies of the motion from the
06:40:26 ARC, but I did want to hand out to council this evening.
06:40:29 One last item before the Planning Commission is that I did
06:40:35 notice before I left my office this evening that the report
06:40:38 that was filed with you was not a full report from me.
06:40:42 It did not include the Planning Commission findings.
06:40:45 I do have a couple of hard sets.
06:40:48 I did bring with me this evening.
06:40:50 And also I have a couple much stand-alone tables that you
06:40:55 can share amongst yourself in the east of not killing too
06:40:58 many trees.
06:40:59 I'll pass those out as well.
06:41:10 >>
06:41:11 >>DAVID HAY: Planning Commission staff.
06:41:12 I have been sworn.
06:41:15 This case is located within the central planning district.
06:41:20 More specifically, the Hyde Park urban village.
06:41:24 This is also located at Abbye said within the historic Hyde
06:41:29 Park, the national and local historic district.
06:41:32 The closest transit stop is approximately 520 feet to the
06:41:36 west on South Howard Avenue, and South Howard Avenue is
06:41:40 served by Hart's route 4 which connects to downtown Tampa
06:41:44 and MacDill Air Force Base and the plaza transfer
06:41:48 station.
06:41:48 The subject site is located within a level D evacuation
06:41:51 zone.
06:41:54 Onto the aerial.
06:41:55 I'm not sure why this is so grainy but here is the subject
06:41:59 site right in the center.
06:42:00 We have Morrison running east-west.
06:42:04 Howard Avenue running north-south located to the west.
06:42:07 This is the CSX right-of-way and the Lee Roy Selmon
06:42:10 Expressway.
06:42:12 Then basically, we have got the commercial corridor of
06:42:15 Howard.
06:42:16 We have got the old square apartments you can make out at
06:42:21 Swann and Howard.
06:42:22 The Winn-Dixie. This whole area is mostly all single-family
06:42:27 detached in character.
06:42:30 And then we have old Hyde Park village up in the upper
06:42:33 right.
06:42:35 Onto the future land use map.
06:42:37 You can see the subject site in the center.
06:42:40 Again, Lee Roy Selmon Expressway and Morrison Avenue.
06:42:44 The subject site and all the properties to the southeast and
06:42:49 north are all designated residential 10.
06:42:52 And then you can see on the future land use map the
06:42:55 commercial and mixed use land use category were centered
06:43:00 over on Howard Avenue.
06:43:02 The pink being the commercial community mixed use 35 land
06:43:07 use category and the red being the community commercial 35
06:43:12 future land use category.
06:43:13 And then we have got some residential 35 in the Hyde Park
06:43:18 neighborhood.
06:43:19 Planning Commission staff analyzed the proposed rezoning and
06:43:22 found that the request does not meet the commercial
06:43:24 locational criteria for neighborhood commercial uses.
06:43:28 The subject site makes up the entire block of west Morrison
06:43:33 Avenue running from the Lee Roy Selmon Expressway and the
06:43:37 CSX railroad right-of-way on the west to south Albany Avenue
06:43:41 on the east.
06:43:43 The entire block is currently zoned RS-60.
06:43:48 Under that residential 10 future land use category, the
06:43:52 commercial uses can be considered only if 50% or more of the
06:43:58 block face is already zoned commercial.
06:44:00 In this case the entire site is zoned residential.
06:44:07 Commercial zoning is located to the west of the subject site
06:44:10 along South Howard Avenue.
06:44:12 Commercial zoning is current of the expressway and the CSX
06:44:20 railroad right-of-way.
06:44:22 South Howard has long been the corridor.
06:44:29 According to the old Sanborn map.
06:44:31 Just for reference, also, the width of the CSX right-of-way
06:44:34 and the Lee Roy Selmon Expressway is about 240 feet from the
06:44:39 closest commercial use right here.
06:44:42 So this is about 240 feet separation.
06:44:47 Properties to the north, east and south are currently zoned
06:44:49 at residential single-family 60.
06:44:52 Planning Commission staff found that the introduction of a
06:44:54 commercial neighborhood zoning district would not be
06:44:56 comparable with the surrounding residential uses, and
06:45:00 potentially could pose a number of negative impacts on those
06:45:03 residential uses.
06:45:04 The commercial neighborhood zoning district introduce it is
06:45:09 potential for a number of uses that would not be appropriate
06:45:11 along this portion of west Morrison Avenue.
06:45:14 Those uses include clinics, banks, pharmacy, restaurant, and
06:45:20 retail sales and convenience goods.
06:45:22 Also, a number of uses under special use request could also
06:45:27 be considered under that.
06:45:31 A number of these uses potentially could have extended
06:45:33 operating hours or additional traffic impacts beyond what is
06:45:36 currently experienced with the VFW post.
06:45:41 If the intent of the requested commercial neighborhood
06:45:44 zoning district is to recognize the existing VFW post,
06:45:48 Planning Commission staff would recommend that the applicant
06:45:51 file for a planned development.
06:45:53 Restrictions on uses and hours of operation may be provided
06:45:57 through that planned development.
06:45:59 Zoning district so as to recognize the existing VFW post
06:46:04 while also ensuring that any new development on the site is
06:46:08 sensitive to and compatible with the existing historic Hyde
06:46:11 Park neighborhood.
06:46:12 Based on those considerations, the Planning Commission staff
06:46:15 finds the proposed rezoning inconsistent with the positions
06:46:19 of the Imagine 2040 Tampa comprehensive plan.
06:46:23 Thank you very much.
06:46:23 >>ABBYE FEELEY: Land Development Coordination.
06:46:30 Tampa request before you tonight at 2010 west Morrison as
06:46:33 David said is from RS-60 to CN, neighborhood commercial.
06:46:39 In the staff report I did provide to you the VFW which we
06:46:43 are talking about this evening was built on this property in
06:46:45 1948.
06:46:47 Prior to that the land was vacant.
06:46:50 It did bring some historic Sanborn map. This was 1931.
06:46:58 And -- sorry about that.
06:47:01 >>MIKE SUAREZ: Move it up a little.
06:47:03 Thank you.
06:47:03 >>ABBYE FEELEY: 1931 Morrison, Albany, the property here,
06:47:10 lots 1 and 2.
06:47:11 It was vacant.
06:47:12 This is Sanborn from 51.
06:47:16 And it does show that it was built as a hall in that
06:47:20 location.
06:47:20 It has remind in that location.
06:47:22 And it was built in 1948 under the R-3 and allowable use.
06:47:28 So it was legal and allowable when it was constructed in
06:47:32 that location.
06:47:32 As I provided in my report later on --
06:47:37 >>MIKE SUAREZ: Mrs. Feeley that was the railroad that was
06:47:40 crossing there instead of the Crosstown?
06:47:44 >>ABBYE FEELEY: Yes, sir.
06:47:45 >>MIKE SUAREZ: Got it.
06:47:46 Thank you.
06:47:47 >>ABBYE FEELEY: In 1956 -- I'm sorry, the property was
06:47:54 rezoned to R-1-A in 1980 under which that was a use that had
06:48:00 to go before a board of adjustments.
06:48:03 And then later on, in 1987 it became the RS 60.
06:48:10 So it has been there.
06:48:11 It has operated.
06:48:13 Let me go ahead and show you the zoning atlas of the area,
06:48:16 and some pictures of the area.
06:48:21 As David stated, development coordination also finds the
06:48:25 request to be inconsistent.
06:48:27 We agreed that this is the lowest Euclidean zoning that they
06:48:30 could apply for in order to make their use conforming.
06:48:34 However, and allow for the application to the alcoholic
06:48:39 beverage sales, which is part 2 of what's before you this
06:48:42 evening.
06:48:44 But in order to protect the neighborhood, and in relation to
06:48:49 compatibility of the surrounding area, the CN does allow for
06:48:53 uses later down the road that may not be compatible with
06:48:57 this.
06:48:58 Therefore, utilizing a PD in order to restrict the use of
06:49:01 the property as it has been since 1948 would probably be a
06:49:07 more appropriate application.
06:49:08 >> Is there some reason that we are not considering the PD
06:49:16 here today?
06:49:17 >> That would be a question for the applicant.
06:49:19 And the applicant came in counseling.
06:49:22 That's what I always, as you know, and we have done many
06:49:26 zonings together, always give the applicant their option.
06:49:29 Euclidean zoning request is far less and I believe that
06:49:35 therein has been some -- how do we get there quickly and
06:49:38 financially, what would be the cheapest way to get there?
06:49:44 So the CN, the PD, the application fee is greater, it does
06:49:49 require site plan and other things.
06:49:51 So I would defer to the applicant for the answer to that
06:49:54 question.
06:49:54 Here is the zoning atlas.
06:49:58 As David mentioned to you, that Crosstown, CSX, the divider
06:50:04 really is where the RS-60 and Morrison is the divider there,
06:50:10 RS-60 to the south, RS-50 to the north, to the west is where
06:50:14 you have the Tiny Tap, the new development along aletta and
06:50:23 Howard and Morrison which is going to be mixed use
06:50:26 development and then really a commercial corridor at Howard
06:50:28 Avenue.
06:50:33 David shared the aerial with you.
06:50:39 Again, Morrison.
06:50:40 Albany.
06:50:41 Howard.
06:50:42 Crosstown expressway.
06:50:47 And they do have some photos.
06:50:50 And I'm borrowing from Laura this evening.
06:50:58 Here is the subject property.
06:51:01 This is the view of the outdoor area.
06:51:08 This is the parking which is on the western portion of the
06:51:10 site.
06:51:12 That's located in between.
06:51:14 Then you see the Crosstown in the background there.
06:51:18 This is the residence on the south.
06:51:24 From the subject property looking west on Morrison.
06:51:29 Looking south on Albany.
06:51:35 And then the residential directly across the street, north
06:51:39 side of Morrison.
06:51:44 Staff is available for any questions.
06:51:46 Thank you.
06:51:47 >>MIKE SUAREZ: Thank you.
06:51:48 Petitioner?
06:51:48 >> Good evening, Mr. Chairman, members of City Council.
06:52:03 John Grandoff.
06:52:03 My address is suite 3700 Bank of America Plaza.
06:52:08 And I'm joined this evening by Mr. Matt hall, to my left.
06:52:14 He's going to speak in a few moments.
06:52:20 Row
06:52:22 We are most honored to represent the veterans of foreign
06:52:25 wars, VFW post in Hyde Park you heard about this evening.
06:52:31 Matt will have a few words to speak and then I will
06:52:33 illustrate the issues that are involved.
06:52:38 Matt is the senior vice-commander and judge advocate for the
06:52:42 post.
06:52:42 >> I'm the vice-commander for the VFW 4321, I am going to
06:52:54 try to translate some of this language.
06:52:56 That's kind of what my goal is today to translate what the
06:53:00 VFW does to clear up some of the facts, some of the issues
06:53:05 that may be point of confusion.
06:53:06 As you heard, the post has been there since 1948 operating
06:53:11 as a VFW post since that time.
06:53:17 We are a national service organization, a nonprofit
06:53:19 organization.
06:53:20 We have a little over 240 members.
06:53:23 We are also supported by men's and women's auxiliary unit
06:53:27 which will be combined to a single auxiliary this winter.
06:53:31 But we are all nonprofit organizations.
06:53:35 The Articles of Incorporation of the VFW was filed in 1977,
06:53:42 a general nature of the service of this corporation be shall
06:53:46 fraternal, patriotic, historical and educational, to
06:53:50 preserve and strengthen comradeship among its members, to
06:53:53 assist comrades and to perpetuate the memory and history of
06:53:58 our dead and assist which had owes.
06:54:01 Unlike other veteran service organizations, like the
06:54:04 American Legion, the Disabled American Veterans, the DAV, to
06:54:09 be a member of the VFW you must have gone and served
06:54:13 honorably on foreign sail.
06:54:17 Get on a plane, say good-bye to your mom and dad and go
06:54:20 fight for this country knowing there's a good chance you
06:54:23 might not come home.
06:54:24 All of our members meet that qualification, all 246 members
06:54:27 of our right now.
06:54:29 We added a few new members.
06:54:32 Our goal is not to change anything that's hand based on some
06:54:35 misinformation.
06:54:37 For about seven years we have been operating without a --
06:54:42 all we are trying to do is obtain a liquor license which is
06:54:46 limited to clubs and members and guests only.
06:54:49 It's not transferable with the property.
06:54:51 And there's no alter -- ulterior motive.
06:54:58 But a viable use in establishing the comradeship.
06:55:10 We have soldiers on the street, and suicides you can read
06:55:18 all over the place.
06:55:19 By having only the members and guests environment is that
06:55:22 combat veterans can come home and walk in that door and
06:55:26 instantly be brothers with everybody in there and they can
06:55:28 tell stories that they can't even tell their parents because
06:55:31 there's just a lack of communication, a lack of language
06:55:34 barriers.
06:55:34 I have never been in a VFW where asked what is war like, did
06:55:41 you ever kill somebody?
06:55:42 These type of stigmatizing questions that a veteran can
06:55:46 receive are not existent in the VFW.
06:55:52 And not confuse the American Legion with the VFW.
06:55:55 This is the only VFW in South Tampa.
06:55:57 It's been there since 1948.
06:55:59 We are intending to be there for as long as I am there, and
06:56:02 we have got a number of members here and officership.
06:56:08 Three of the six officers, of the eight officers we have are
06:56:12 under 35.
06:56:12 We are a younger growing post.
06:56:15 And we just want to keep things the same as they have been.
06:56:17 We just want to clear up the paperwork.
06:56:20 I am happy to answer any questions.
06:56:23 >>MIKE SUAREZ: Are you a partner?
06:56:27 I mean are you a member of ward and herder son also?
06:56:33 >> I am an associate over there.
06:56:34 >> You did well for your first land use hearing.
06:56:36 >> Hopefully.
06:56:41 (Laughter).
06:56:41 >> Have a little bit more fun.
06:56:45 >>MIKE SUAREZ: We are happy to have you if you want to be
06:56:47 here, but if not it's okay, too.
06:56:49 Thank you, sir.
06:56:50 Mr. Grandoff, do you have anything to add at this moment?
06:56:53 >>JOHN GRANDOFF: We are very proud of Matthew.
06:56:58 He is a very good associate.
06:57:01 In a nutshell, the post has been operating since 1948.
06:57:04 Zoning did not arrive in Tampa until 1956.
06:57:10 In my opinion, the post has operated with a nonconforming
06:57:16 use at that time.
06:57:16 However, in 1989 when we adopted chapter 27, they were
06:57:21 changed to RS 60, and what should have been done at that
06:57:24 time is they should have requested some type of special use
06:57:28 at that time, a special process.
06:57:31 Where that didn't happen so now we are here fast forward.
06:57:34 The reason there is no PD, Mr. Cohen, is simply expense and
06:57:40 time.
06:57:41 And the PD of process is very intensive, very extensive, and
06:57:47 it's a hardship on these ladies and gentlemen who served our
06:57:51 country so well.
06:57:52 I have been attempting to negotiate a compromise with the
06:58:00 Hyde Park neighborhood association.
06:58:02 Lisa is here this evening.
06:58:03 And we are literally on the cusp -- let me describe to you
06:58:07 what I think we can do.
06:58:09 There are two applications pending this evening.
06:58:11 One is to rezone from RS-60 to CN, because we don't have the
06:58:16 proper zoning to do alcohol.
06:58:19 These build upon each other.
06:58:21 And without the proper zoning to serve alcohol you can't get
06:58:24 the state beverage permit.
06:58:25 So we have three government approvals we need going forward.
06:58:30 What we would like to do this evening is have a first
06:58:33 reading to rezone the property from RS VI 0 to CN.
06:58:39 Continue the matter for 60 days.
06:58:43 And Lisa and I -- Lisa, raise your hand.
06:58:46 We will negotiate a restrictive covenant between the post
06:58:50 and between the Hyde Park association.
06:58:53 Is the T city is not part of that H.it would be privately
06:58:56 negotiated, privately enforced.
06:58:59 The restrictive covenant would have the conditions that you
06:59:02 would have in a PD.
06:59:04 I would call it a private PD.
06:59:08 We would record it.
06:59:09 It would have injunctive relief as one of the remedies and
06:59:13 would have an attorney fee provision for anyone that
06:59:16 violates the covenant and it has to go to court to enforce
06:59:19 it.
06:59:19 I will pledge to you these folks are not going to restrict
06:59:22 the restrictive covenant.
06:59:24 Off the top of my head, it will probably have some
06:59:27 termination clause that on the sale of the property, the wet
06:59:32 zoning evaporates.
06:59:34 And you cannot use the property for any uses without coming
06:59:42 back to City Council without the PD.
06:59:47 Again I am going off the top of my head.
06:59:49 We would not hear the alcoholic beverage project tonight.
06:59:55 Hold it in abeyance.
06:59:56 We would come back in 60 days.
06:59:58 We come to terms.
07:00:00 You would hear from Hyde Park.
07:00:01 You would hear from our client.
07:00:05 We'll circulate it to you so you can see it.
07:00:09 We would then have second reading on the CN ordinance.
07:00:13 My hunch is we would have recorded the covenant by then so
07:00:16 you know it's effective and it's law.
07:00:18 We would have a second reading on the CN evening hearing,
07:00:22 and then that evening we have special use application.
07:00:26 But during the 60 days, we will negotiate the special use
07:00:35 site plan to include hours of operation, parking, restricted
07:00:39 areas where we are not going to serve, landscape, all the
07:00:42 usual things you would have in a PD.
07:00:44 Because we have done that site plan.
07:00:45 That one you have to do.
07:00:48 And at the end of that evening, we would have a CN zoning.
07:00:51 We would have a private restrictive covenant that's not your
07:00:55 problem.
07:00:56 It's between us.
07:00:57 And then we would have first reading on the special use
07:01:01 application approving alcoholic beverage permit.
07:01:03 And then we come back two weeks later for the second
07:01:06 reading.
07:01:06 So approximately 90 days to get us through the process.
07:01:11 And these ladies and gentlemen before the holiday season.
07:01:16 It's important the holiday season is coming and that's when
07:01:18 we want to try to make -- we may miss Halloween but we
07:01:24 should get Thanksgiving.
07:01:25 That's off the cuff but that's where we are going.
07:01:27 >>LISA MONTELIONE: Thank you.
07:01:30 Actually this is for Mrs. Mandell.
07:01:34 And thanks for being here tonight, Mrs. Mandell.
07:01:38 It seems like old times.
07:01:39 >>JULIA MANDELL: It does.
07:01:41 Making a special guest appearance.
07:01:44 Back to my land usage.
07:01:49 Julia Mandell, city attorney.
07:01:50 I understand what Mr. Grandoff is describing to you.
07:01:53 I think he made it perfectly clear.
07:01:55 Any restrictive covenant is completely enforceable by the
07:01:58 City of Tampa.
07:01:59 That would be a private agreement between the parties.
07:02:03 It's certainly something that can be considered.
07:02:07 I have some concerns that that doesn't completely alleviate
07:02:10 staff's concerns.
07:02:11 However, it may alleviate City Council's concerns and the
07:02:15 neighborhood concerns.
07:02:17 Clearly you have a property that has been in this condition
07:02:20 and being utilized with this manner for a very long time and
07:02:25 I agree with Mr. Grandoff that at the time that we place RS
07:02:31 360 on the property, it would have been more efficient for
07:02:34 there to have been an opportunity for them to get a special
07:02:37 use so they would become a conforming use.
07:02:39 That did not happen.
07:02:40 And that's just the way it is, and that's what you are
07:02:43 dealing with today, and why this is I think a much more
07:02:45 difficult case because you have a nonconforming use nap
07:02:49 residential area which has alcohol which it has historically
07:02:54 had.
07:02:54 So in terms of moving forward, it is acceptable for council
07:02:58 to move forward in this manner, keeping in mind that
07:03:01 whatever they negotiate is what they negotiate.
07:03:07 So that's where we are right now.
07:03:08 And I think it's probably appropriate to move forward with
07:03:12 the public hearing.
07:03:13 >>LISA MONTELIONE: Since we are usually familiar with the
07:03:19 statement that when we grant an alcoholic beverage permit,
07:03:22 it runs with the land.
07:03:25 Would a restrictive covenant, as Mr. Grandoff mentioned, the
07:03:35 alcohol beverage use would go away upon the sale, or when
07:03:42 the hall ceases to be a new hall?
07:03:48 Is that possible?
07:03:49 >>JULIA MANDELL: Well, let me start with it is my
07:03:53 understanding as the special use exists right now there's a
07:03:56 condition on the special use that limits the alcohol use to
07:03:59 only club use, and club is a defined term in the code.
07:04:03 And so not withstanding whatever you first agree to whether
07:04:11 this is a restaurant or a club -- not a club -- that
07:04:16 alcohol, the special use would not run with those other
07:04:20 uses.
07:04:20 It's running with a specific use.
07:04:23 Although all they would be committing to doing as property
07:04:26 owner, VFW or if another club came in, is committing that
07:04:31 they will approach the city about rescinding the special
07:04:34 use.
07:04:36 It can't operate on its own terms without an additional
07:04:39 application with the city because we will not be able to
07:04:42 recognize nor will we be able to enforce that restrictive
07:04:45 covenant.
07:04:46 >>LISA MONTELIONE: So if another, say, service club, say
07:04:55 Tampa junior women's club of Tampa decided to assume the
07:05:01 property, or purchase the property from the VFW, they are
07:05:05 another club, so they would also be able to have the
07:05:09 alcohol, because it would still be in line with the
07:05:12 restrictive covenant, because it's still a club?
07:05:17 >>JULIA MANDELL: I don't know what the restrictive covenant
07:05:21 would say.
07:05:22 The City of Tampa would say if you fall under the definition
07:05:25 is the restriction placed on that alcohol permit, it would
07:05:29 be obligated to recognize it.
07:05:31 >>LISA MONTELIONE: So in this instance -- and I am just
07:05:35 going to call it a service club to differentiate --
07:05:39 >>JULIA MANDELL: Yes, it's confusing.
07:05:40 >>LISA MONTELIONE: So if it were to transfer would transfer
07:05:44 to another service club, then we would be okay if the
07:05:50 property was transferred to any other entity, whether
07:05:54 restaurant or whether it's another just a private
07:05:57 individual, or could turn into a house, then the restrictive
07:06:04 covenant would be enforced and the alcohol would go away?
07:06:07 >>JULIA MANDELL: No.
07:06:10 The way I understand -- and tell me if I am wrong -- the
07:06:15 alcohol application is in front of you today, the AB permit
07:06:20 and the site plan restricts the ability to serve alcohol to
07:06:26 a use which is the service club use.
07:06:28 The City of Tampa does not care whether or not it is the VFW
07:06:33 or some other service club.
07:06:35 There is no differentiation as long as they meet that
07:06:38 definition.
07:06:40 If they have the restrictive covenant then in some way,
07:06:43 shape or form, if the VFW were to sell it to whoever, they
07:06:50 have to -- the alcohol beverage permit would go away.
07:06:54 It would take a specific act on the part of the property
07:06:57 owner to rescind the special use.
07:07:00 It would be an act of the city saying that is in place or
07:07:04 it's not.
07:07:05 We are not interested in the transfer of the property.
07:07:06 We are not interested in the owner of the property.
07:07:08 We are not legally allowed to regulate the ownership
07:07:12 interest.
07:07:12 >>LISA MONTELIONE: So how does one go about rescinding the
07:07:15 alcohol beverage -- do they file an application?
07:07:21 >>JULIA MANDELL: They have to file an application.
07:07:23 It wouldn't be a particularly complicated thing.
07:07:25 We would just do a rescinding ordinance that would rescind
07:07:28 that use.
07:07:30 I can't think of a time in my 12 years that we have -- I'm
07:07:33 just saying --
07:07:35 >>LISA MONTELIONE: I can't either.
07:07:36 Thank you.
07:07:36 >>MIKE SUAREZ: Mr. Cohen.
07:07:37 >>HARRY COHEN: I just want to say regardless of how this
07:07:40 goes, I really commend your creativity as a lawyer, coming
07:07:46 up with this.
07:07:48 (Laughter)
07:07:49 Regardless of where it ends up.
07:07:53 It is very creative.
07:07:54 >>JOHN GRANDOFF: To address Mrs. Montelione's concerns,
07:08:00 because I think I can rest her assured on that.
07:08:04 >>LISA MONTELIONE: I wasn't concerned.
07:08:06 I just wanted to know the process.
07:08:07 >>JOHN GRANDOFF: We would put in the covenant -- and
07:08:11 remember it's recorded so any purchaser would get the
07:08:13 covenant in a title commitment.
07:08:16 That any transfer of title terminates, in the alcoholic
07:08:22 beverage sales.
07:08:22 The code says that after 180 days of nonpouring -- 60 days,
07:08:30 the property dries up anyway.
07:08:31 And so any purchase purchaser is going to be on notice.
07:08:35 >>CHARLIE MIRANDA: I agree with what counselor is saying
07:08:40 but recorded, but you can really not have -- you could say
07:08:46 you had a dollar sale every day and you are still in
07:08:49 business.
07:08:49 >>JOHN GRANDOFF: That's a loophole.
07:08:55 But I think Alysse and I would say that those extensions can
07:09:04 be applied for.
07:09:05 We would close that one.
07:09:06 >>CHARLIE MIRANDA: I understand.
07:09:08 >>MIKE SUAREZ: Any other questions or comments to the
07:09:11 petitioner at this point?
07:09:13 Before the public response, I think we might want to hear
07:09:19 from the attorney that represent it is group, if that is
07:09:21 okay with the public and with everyone else, because since
07:09:26 Mr. Grandoff, you brought that up, I think that if that's
07:09:28 okay, you represent some members of the association,
07:09:33 correct?
07:09:33 >> 100 South Ashley Drive, suite 1900, representing historic
07:09:38 Hyde Park neighborhood association.
07:09:40 So what we agreed to is to negotiate in good faith over the
07:09:43 next 60 days, try to come up with something that works with
07:09:46 the petitioner as well as the neighborhood.
07:09:49 We understand that cost is a big issue.
07:09:53 I'm not sure this is going to be that much after going
07:09:56 through some of the PDs but it's probably a little less
07:09:59 expensive.
07:10:00 But we would negotiate and try to come up with terms that
07:10:04 everybody agrees.
07:10:05 That's where we stopped.
07:10:06 Obviously if we don't come to an agreement, then we will be
07:10:10 right back here again, because, and I don't nonlogisticly
07:10:17 tonight if it's appropriate, Julia, for all of us to speak
07:10:20 for and against.
07:10:21 We want to put on the record our position regardless of the
07:10:26 covenant as well as the VFW putting on their position.
07:10:30 It's just a question.
07:10:31 >> There's a lot of questions that going on here.
07:10:36 >> Could I ask for a five-minute break that I can speak with
07:10:41 counsel for the applicant and council for the homeowners?
07:10:45 I think I might have another solution to this now that I
07:10:47 have heard everything.
07:10:49 And it may make it a little easier.
07:10:51 I would like that opportunity to have that conversation with
07:10:53 them if I can be indulged for five minutes.
07:10:57 I don't specifically like to do that.
07:10:59 >>MIKE SUAREZ: A question before we go to recess.
07:11:01 >>LISA MONTELIONE: [Off microphone.] before going to public
07:11:08 comment, section 8, is -- oh, thank you.
07:11:14 Mr. Grandoff is asking for a continuance, then individuals
07:11:17 would only be speaking to the continuance.
07:11:19 We wouldn't be hearing the pros and cons for and against
07:11:24 this.
07:11:25 We would just be hearing whether or not the continuance.
07:11:28 >> What I understand is he is asking for a first reading.
07:11:31 This is a full public hearing, so that would be appropriate
07:11:34 whether or not there is a will, knowing that there's going
07:11:37 to be a second reading, not withstanding alcohol.
07:11:42 If I can be indulged for five minutes I might have a
07:11:45 solution.
07:11:46 >>MIKE SUAREZ: This council is in recess for five minutes.
07:11:50 (City Council in recess).
07:12:03 - - -
07:25:04 [Sounding gavel]
07:25:05 >>MIKE SUAREZ: Tampa City Council is called back into
07:25:07 order.
07:25:07 Roll call, please.
07:25:08 >>CHARLIE MIRANDA: Here.
07:25:11 >>FRANK REDDICK: Here.
07:25:12 >>YVONNE CAPIN: Present.
07:25:13 >>HARRY COHEN: Here.
07:25:13 >>GUIDO MANISCALCO: Here.
07:25:15 >>LISA MONTELIONE: Here.
07:25:16 >>MIKE SUAREZ: Here.
07:25:17 Mr. Grandoff, did we see White smoke?
07:25:21 >> We have a billowing cloud of white smoke.
07:25:24 >>JULIA MANDELL: City attorney.
07:25:29 >> It was a nonconforming use and we changed the law to make
07:25:55 it a nonconforming use.
07:25:59 It would be my recommendation that I ask City Council to
07:26:02 request the legal department and staff to process this
07:26:07 application as an area-wide rezoning which means the city
07:26:11 would need to process the application as a PD.
07:26:14 Mr. Grandoff has committed to doing the notice.
07:26:18 So that would be something that would fall on the applicant,
07:26:21 that the city would then be processing it in order to deal
07:26:25 with the nonconformity on the property to make it
07:26:28 conforming, thereby limiting it to the existing use as it
07:26:32 stands today.
07:26:32 I do understand that there may be some additional positions
07:26:35 that may be placed on the PD to deal with more of the
07:26:38 compatibility issues, and I leave that to them to discuss.
07:26:42 However, I would be requesting, and I would ask to make sure
07:26:46 that everybody is in agreement with this, that this item as
07:26:49 well as the alcohol item that's running with this be
07:26:52 continuously.
07:26:55 October 13th, and the City Council request the city
07:27:01 legal department and the city staff, this is an area wide
07:27:05 which would allow us to change this over to a PD to be able
07:27:08 to process it as a PD, do the notice in the correct manner,
07:27:11 and allow it to come forward on first reading on October
07:27:14 13th as well as come forward with the alcohol.
07:27:18 So that's my suggestion.
07:27:20 I think we need to hear from Mr. Grandoff.
07:27:23 >>MIKE SUAREZ: Don't worry, we'll get all of that.
07:27:25 Any questions from council yet on this?
07:27:27 Okay.
07:27:27 Mr. Grandoff.
07:27:28 >>JOHN GRANDOFF: Thank you, Mr. Chairman, members of
07:27:30 council.
07:27:34 The suggestion by Mrs. Mandell accomplishes a good result
07:27:36 and saves us more time, less than 60 days, and looking back,
07:27:40 this is what probably should have been done in 1989. We are
07:27:43 all for it.
07:27:46 She's in favor of it.
07:27:47 And I think we can reach some common grounds.
07:27:50 >> Mrs. Sassal, just state that on the record.
07:27:54 >> Yes, sir.
07:27:55 That gives us 45 days to work on conditions and work on the
07:27:57 site plan to make the neighbors and VFW --
07:28:04 >>MIKE SUAREZ: And Mrs. Mandell, as a procedural matter,
07:28:06 should we still ask for any kind of public comment at this
07:28:09 time?
07:28:09 Or just go ahead and make a motion?
07:28:14 >>JULIA MANDELL: The only public comment that would be
07:28:17 appropriate would be on the continuance.
07:28:18 I will also say that I have been requested by staff, October
07:28:23 13th, we have 13 areas for 5:30. Given that it's an
07:28:27 area wide, a process at 5:01 or thereafter.
07:28:31 I think it would be in line with how we traditionally area
07:28:35 our -- handle our area wide.
07:28:38 >>CHARLIE MIRANDA: I just want to say one thing for the
07:28:40 record.
07:28:41 Just because the city is doing this to try to equal out
07:28:43 everything, that does not bind this council or anyone in the
07:28:46 government to vote one way or the other.
07:28:48 >>JULIA MANDELL: Mr. Miranda is absolutely correct.
07:28:52 This is simply a procedural matter and has no bearing own
07:28:56 ultimate decisions that this council makes.
07:28:58 >> Would it be possible to have one person from the public
07:29:10 speak that may not be in agreement with the neighborhood?
07:29:15 >>MIKE SUAREZ: We are going to ask did public to speak
07:29:18 about the continuance only.
07:29:19 So if they want to say they don't want a continuance, or
07:29:22 that they have some kind of other disagreement, that's fine.
07:29:25 I will ask for the public at that time.
07:29:27 Obviously, both sides are represented by council, but there
07:29:31 are other people that may not be represented by council for
07:29:33 whatever reason.
07:29:34 So at this time, is there anyone in the public that would
07:29:37 like to speak on item number 6?
07:29:39 Please come forward, state your name.
07:29:41 >> My name is Patricia Bradstill, 2011 west Morrison Avenue,
07:29:48 right across the street from the VFW.
07:29:52 I came here last week and spoke that I had no problem with
07:29:57 the VFW except for what I heard at this meeting, and that
07:30:02 was that I have been -- and I am going to read it so I don't
07:30:05 go on and on, because I'm very concerned.
07:30:10 I came last week for the hearing.
07:30:13 I had no problem with the VFW.
07:30:15 In fact, my husband, an Air Force veteran from Korea, joined
07:30:18 the VFW.
07:30:24 It thought great, right across the street.
07:30:27 He had a lifetime membership.
07:30:28 Okay.
07:30:29 But this is an inappropriate situation.
07:30:31 And when I heard that they didn't have a license, and the
07:30:39 illustrious co-commander, what is it called?
07:30:44 A member of the bar. He knew they had no license.
07:30:45 They have been selling alcohol there all these years.
07:30:48 They didn't ask, they didn't want to know if we were
07:30:53 members.
07:30:53 Anybody could walk in there and get liquor.
07:30:56 Okay.
07:30:57 That's not nice.
07:30:58 And now we want to add music and violins?
07:31:02 I had a son who spent three years in Afghanistan in the
07:31:05 Army, a lieutenant colonel.
07:31:07 I have a son who was in the Navy, six years in the
07:31:11 submarines and 20 years active reserve.
07:31:14 I have another -- I mean, we are all thankful to the
07:31:21 military.
07:31:21 But should we reward them for obfuscating and for lying?
07:31:26 This was a lie.
07:31:27 I bought that property across the street.
07:31:29 We built two houses there.
07:31:31 They are expensive.
07:31:34 We weren't allowed to do anything else but single family.
07:31:38 We came and asked for three little cottages.
07:31:41 Oh, no, no, no.
07:31:43 It had to be.
07:31:44 And that place didn't have a liquor license?
07:31:47 Can I start serving people and charging them to come in to a
07:31:53 private Bastille club?
07:31:56 It's not right.
07:31:57 I'm not saying that they are bad people.
07:31:59 But they had bad advice, and they ignored -- they knew they
07:32:03 needed a license.
07:32:04 They knew they couldn't sell liquor without it.
07:32:07 What did they do?
07:32:08 How did they pay the city, the state and the county for the
07:32:11 liquor?
07:32:12 Taxes that they are supposed to produce.
07:32:15 But they are tax free.
07:32:17 I am really concerned.
07:32:18 How am I supposed to believe anything they tell us?
07:32:22 I don't care what kind of a legal document they present us.
07:32:26 Can we believe them, that they are not going to move -- the
07:32:33 architect said the first big -- you give them a seat, and
07:32:39 there's going to be a commercial -- that property is not
07:32:44 important, they can tear that house down.
07:32:48 A couple of million bucks and they will be in some other
07:32:50 neighborhood.
07:32:50 (Bell sounds)
07:32:52 And I live across the street, a private home that I spent a
07:32:55 lot of money on, and now -- no. They're nice guys.
07:33:04 >>MIKE SUAREZ: Thank you.
07:33:05 Is there anyone else in the public that would like to speak
07:33:08 on the continuance of this particular item at this point?
07:33:13 Ma'am?
07:33:14 Ma'am?
07:33:14 >> You lied to me.
07:33:16 >>MIKE SUAREZ: Whoa, ma'am.
07:33:19 Is there anyone else in the public that would like to speak
07:33:21 at this time on item number 6?
07:33:25 I do not see anyone.
07:33:27 Okay.
07:33:28 Now, we need a motion.
07:33:33 >>JOHN GRANDOFF: Briefly, my firm does not give bad advice.
07:33:36 I want to let you know as soon as we learned that there was
07:33:39 no state permit, we immediately stepped into action.
07:33:42 Matt researched all of this.
07:33:44 He's done Yeoman's work on this file.
07:33:47 >>MIKE SUAREZ: Well, we understand.
07:33:50 We are not throwing stones right now.
07:33:52 We know that these things have happened many times before
07:33:55 us.
07:33:55 So we are not assigning blame at this point.
07:33:59 Okay.
07:34:05 You have to move it.
07:34:08 Do you have that motion?
07:34:09 Do you need to restate it?
07:34:11 >>THE CLERK: To continue both of these hearings to October
07:34:13 22nd at 5:30 p.m.
07:34:15 >> October 13th.
07:34:20 >> This is an area wide rezoning.
07:34:23 >>MIKE SUAREZ: That's the other part of it.
07:34:28 Okay.
07:34:28 We are clear on that?
07:34:29 We have a motion from Mr. Cohen.
07:34:31 We have a second from Mrs. Capin.
07:34:33 All in favor of that motion please indicate by staying aye.
07:34:36 Any opposed?
07:34:37 Okay.
07:34:38 Thank you very much.
07:34:41 Thank you for attending, Mr. Shelby.
07:34:43 >>MARTIN SHELBY: That was regard W regard to number 6.
07:34:50 I want to be clear.
07:34:54 Thank you.
07:34:54 >>MIKE SUAREZ: Ladies and gentlemen, if you could please be
07:34:57 quiet as you leave.
07:34:58 We would appreciate it.
07:34:59 We still have a meeting going on.
07:35:01 Thank you.
07:35:03 Are we set legally now on this?
07:35:07 You have got it?
07:35:08 Okay.
07:35:08 Information reports, new business from members?
07:35:11 Mr. Miranda, anything?
07:35:13 Mr. Reddick?
07:35:15 Ms. Capin?
07:35:17 Mr. Cohen?
07:35:18 Mr. Maniscalco?
07:35:22 Mrs. Montelione.
07:35:25 Everyone okay.
07:35:25 Can I get a motion to receive and file?
07:35:28 I have a motion by Mr. Cohen.
07:35:29 A second from Mr. Maniscalco.
07:35:31 All in favor of that motion please indicate by saying aye.
07:35:34 Any opposed?
07:35:35 Thank you.
07:35:35 We are now adjourned.
07:35:39
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.