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Tampa City Council

Thursday, September 22, 2016

5:01 p.m. Session



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05:04:06

05:04:10 [Sounding gavel]

05:04:30 >>HARRY COHEN: Good evening, everyone.

05:04:31 Welcome to this evening's session of City Council for

05:04:34 September 22nd.

05:04:36 Roll call, please.

05:04:36 >>CHARLIE MIRANDA: Here.

05:04:43 >>YVONNE CAPIN: Present.

05:04:45 >>HARRY COHEN: Here.

05:04:46 >>GUIDO MANISCALCO: Here.

05:04:50 >>HARRY COHEN: Our first item at 5:01 p.m. is a public

05:04:54 hearing quasi-judicial so anyone who is planning to speak on

05:04:57 this item or on any other item that's going to be heard at

05:05:00 the public hearing tonight, now would be the time to stand

05:05:04 and be sworn in.




05:05:05 (Oath administered by Clerk)

05:05:18 >>CATHERINE COYLE: Planning and Development.

05:05:19 This is a continued case from the July 21st evening

05:05:23 hearing.

05:05:24 This is a public service facility located on the -- 2081

05:05:40 north Himes, continued to work with the water department,

05:05:43 moving the camera, and just for reference it is located

05:05:45 towards the back of the property here.

05:05:48 We did work with the public works administrator as well as

05:05:52 the water department director as well as the applicant and

05:05:58 they all conferred, they will be surrounding the actual site

05:06:07 location fencing with shrubbery, and recorded with the

05:06:11 natural resources coordinator on the exact species to use.

05:06:17 They have been used in many city projects around town.

05:06:20 Essentially, it's very, very drought tolerant, very thick

05:06:26 and actually a very good screening in these situations.

05:06:30 And they have also agreed that the gate at the front, they

05:06:35 will be swapping that out for a solid piece.

05:06:46 The entrance is right here off to the side.

05:06:48 They are going to swap that out with a solid PVC gate to add

05:06:53 additional screening from the street.

05:06:56 All the analysis and the applicant concur with those

05:06:58 additional requirements.

05:06:59 And we have no objections.

05:07:02 >>HARRY COHEN: Is there anything that the applicant would




05:07:09 like to say?

05:07:14 >> I'm happy to answer any questions.

05:07:16 Google Fiber, 2202 North Westshore, Tampa, Florida.

05:07:26 I'm here to answer any questions and we respectfully request

05:07:28 approval of the special use permit.

05:07:30 Thank you.

05:07:30 >>HARRY COHEN: Are there any questions or comments from

05:07:33 council members at this time?

05:07:36 I don't see any.

05:07:37 At the moment.

05:07:38 Is there anyone in the public to speak to this item number

05:07:42 1?

05:07:42 >>CHARLIE MIRANDA: Move to close.

05:07:44 >>HARRY COHEN: We have a motion to close from Councilman

05:07:47 Miranda.

05:07:47 Seconded by Councilman Maniscalco.

05:07:49 All in favor please indicate by saying aye.

05:07:52 Opposed?

05:07:52 Councilman Maniscalco, will you please take item number 1.

05:07:57 >>GUIDO MANISCALCO: I have an ordinance presented for first

05:08:01 reading consideration, an ordinance approving a special use

05:08:04 permit S-2 approving a public service facility in an RS-50

05:08:07 residential single-family zoning district in the general

05:08:09 vicinity of 2081 north Himes Avenue in the city of Tampa,

05:08:13 Florida and as more particularly described in section 1




05:08:16 hereof providing an effective date.

05:08:17 >> Second.

05:08:20 >>HARRY COHEN: A motion from Councilman Miranda.

05:08:24 Second by Councilman -- excuse me, Maniscalco, seconded by

05:08:29 Councilwoman Capin.

05:08:31 All in favor?

05:08:32 Opposed?

05:08:32 >>THE CLERK: Motion carried with Suarez being absent and

05:08:37 with Reddick and Montelione absent at vote.

05:08:41 Second reading and adoption will be on October 6th at

05:08:44 9:30 a.m.

05:08:45 >>HARRY COHEN: We are going to move on now to our

05:08:50 non-quasi-judicial public hearings, items 2 through 8.

05:08:53 And item number 2.

05:09:32 >> Good evening council members.

05:09:34 Melissa Dickens, Planning Commission staff.

05:09:38 I am here this evening to present information on the capital

05:09:41 improvement section schedule traffic update, the annual

05:09:45 update in the comprehensive plan, and tonight is the first

05:09:49 reading of the ordinance.

05:09:58 Chapter 163, Florida statutes, the list of projects

05:10:05 addressing and adopted in the comprehensive plan be updated

05:10:11 on an annual basis.

05:10:12 The update would replace the existing capital improvement

05:10:16 schedule in the comprehensive plan, the schedule in your




05:10:20 packet.

05:10:20 The update is a little unusual for something affecting the

05:10:23 comprehensive plan in that it is accomplished by ordinance.

05:10:27 This is permitted under chapter 163.

05:10:35 At their September 12th regular meeting the Planning

05:10:37 Commission found the capital improvement section schedule

05:10:41 consistent with the Tampa comprehensive plan.

05:10:49 I want to briefly touch on the process for developing the

05:10:52 schedule.

05:10:53 First, city staff identified projects in the capital

05:10:56 improvement programs that affected the level of service in

05:10:59 the comprehensive plan.

05:11:01 Projects were identified which eliminated a deficiency,

05:11:05 maintained level of service, or were planned to serve future

05:11:10 growth.

05:11:10 Consistent with comprehensive plan policy direction, over

05:11:14 95% of funding in the capital improvement section schedule

05:11:18 is for eliminating current deficiencies.

05:11:21 Additionally, in the new comprehensive plan, the Imagine

05:11:25 2040 plan, the plans of other agencies, the MPO and the

05:11:29 school board, are now adopted by reference into the schedule

05:11:33 so you may be used to seeing the project carved out

05:11:38 specifically in the schedule, but because of the new policy

05:11:40 in the comprehensive plan, they are now adopted by

05:11:43 reference.




05:11:47 This is a quick overview of the projects in the schedule.

05:11:51 You can see there are water and transportation projects, and

05:11:56 the total five year funding amount is approximately 51.4

05:11:59 million.

05:12:01 In terms of -- the this evening is the first reading of the

05:12:09 ordinance and the second reading of the ordinance will be

05:12:11 October 6th.

05:12:12 And I am available for any questions.

05:12:13 >>HARRY COHEN: Any questions or comments from council

05:12:17 members?

05:12:19 Is there anyone in the public that would like to speak on

05:12:21 item number 2?

05:12:26 There's a motion to close by Councilman Miranda, seconded by

05:12:28 Councilman Maniscalco.

05:12:30 All in favor please indicate by saying aye.

05:12:32 Opposed?

05:12:33 Councilwoman Capin, could you please take item number 2.

05:12:36 >>YVONNE CAPIN: [Off microphone.] an ordinance being

05:12:40 presented for first reading consideration -- I'm sorry.

05:12:46 Thank you.

05:12:48 I'll start over.

05:12:49 An ordinance being presented for first reading

05:12:50 consideration, an ordinance amending the Tampa Comprehensive

05:12:52 Plan, capital improvements section, by updating the schedule

05:12:57 of projects for fiscal year 2017 through fiscal year 2021




05:13:02 and incorporating by reference into the capital improvements

05:13:06 section the Hillsborough County Metropolitan Planning

05:13:07 Organization, TIP, Transportation Improvement Program,

05:13:15 Hillsborough Area Regional Transit, Hart, Transit

05:13:20 Development Plan, TDP, capital projects, and the

05:13:24 Hillsborough County Public Schools facilities five-year work

05:13:28 program, providing for repeal of all ordinances in conflict,

05:13:31 providing for severability, providing an effective date.

05:13:32 >>HARRY COHEN: We have a motion from Councilwoman Capin,

05:13:38 seconded by Councilman Miranda.

05:13:40 All those in favor?

05:13:41 Opposed?

05:13:42 >>THE CLERK: The motion carried with Suarez being absent.

05:13:45 Second reading and adoption will be on October 6th at

05:13:48 9:30 a.m.

05:13:49 >>HARRY COHEN: Item number 3.

05:13:54 >>DAVID HAY: Planning Commission staff.

05:13:59 This next item should be very familiar to you all, Tampa

05:14:04 comprehensive plan amendment 16-02.

05:14:07 It was the text amendment, the project text amendment to the

05:14:13 objectives and policies related to the development

05:14:17 properties on Rattlesnake Point.

05:14:20 You will remember on June 23rd Tampa City Council did

05:14:23 vote to transmit to our state and regional reviewing

05:14:27 agencies.




05:14:28 We have received all our comments back, and none of the

05:14:32 agencies had any concerns with the proposed request.

05:14:38 I'm available for any questions.

05:14:39 >>HARRY COHEN: I don't see any questions right now.

05:14:46 Petitioner?

05:14:53 >>GINA GRIMES: Law firm of Hill, Ward, Henderson, 101 East

05:14:56 Kennedy Boulevard.

05:14:57 I represent the applicant in this case, viper ventures.

05:15:00 I don't have anything further to add.

05:15:02 I didn't plan on doing another presentation this evening,

05:15:05 given that none of the reviewing agencies had any comments.

05:15:11 I'm available for questions.

05:15:12 Did send all of you a letter earlier this week explaining

05:15:16 that one of the adjacent property owners, alliance

05:15:19 construction, or O'ryan marine construction, right here, had

05:15:25 requested that we make a slight modification to the proposal

05:15:29 to acknowledge that they had the ability to build back their

05:15:36 existing facility in the event it was destroyed.

05:15:38 So I'm happy to hand that language out to you again, give it

05:15:41 to the clerk for the record.

05:15:44 But with this language they are in support of the proposed

05:15:47 comp plan amendment.

05:15:48 >>HARRY COHEN: Are there any additional questions or

05:15:52 comments from council members at this time?

05:15:57 Is there anyone in the public that would like to speak on




05:15:59 item number 3?

05:16:00 >>CHARLIE MIRANDA: Move to close.

05:16:02 >> Second.

05:16:02 >>HARRY COHEN: Hold it.

05:16:04 Item number 3?

05:16:13 >>DAVID MECHANIK: 305 South Boulevard, Tampa, Florida.

05:16:16 I'll be very brief.

05:16:17 I represent the food, one of the property owners on

05:16:23 Rattlesnake Point who would be affected by this plan

05:16:25 amendment language, and we are here to say that we support

05:16:30 the proposed amendments, including the amendment that Mrs.

05:16:35 Grimes just brought to your attention that is proposed at

05:16:40 the request of O'ryan.

05:16:43 And we would just like to ask council support for this plan

05:16:48 amendment request.

05:16:49 Thank you.

05:16:49 >> Elise Batsel, south Ashley drive, we represent O'ryan

05:17:00 manufacturing, marine manufacturing, and we requested the

05:17:03 additional language.

05:17:04 The applicant was very nice to work with us, and we are in

05:17:07 full support of the text amendment presented and would

05:17:10 appreciate fountain you would support it.

05:17:12 Thank you.

05:17:12 >>HARRY COHEN: All right.

05:17:15 >>CHARLIE MIRANDA: Move to close.




05:17:18 >> We have a motion from Councilman Miranda, seconded by

05:17:20 Councilman Maniscalco.

05:17:22 All those in favor please indicate by saying aye.

05:17:24 Opposed?

05:17:25 Councilman Reddick, can you please take item number 3?

05:17:29 >>FRANK REDDICK: Move an ordinance being considered for

05:17:36 first reading, an ordinance amending the Tampa Comprehensive

05:17:38 Plan pertaining to objective and policies for the

05:17:43 redevelopment of the Rattlesnake Point waterfront area

05:17:46 providing for repeal of all ordinances in conflict,

05:17:49 providing for severability, providing an effective date.

05:17:50 >>CHARLIE MIRANDA: Second.

05:17:52 >>HARRY COHEN: I believe, Mr. Shelby --

05:17:55 >> Additional language that Ms. Grimes provided to you.

05:18:00 >>FRANK REDDICK: So moved.

05:18:02 >> Second.

05:18:05 >>HARRY COHEN: (Off microphone.) We have a motion by

05:18:07 Councilman Reddick.

05:18:08 Seconded by Councilman Miranda.

05:18:10 All in favor please indicate by saying aye.

05:18:12 Opposed?

05:18:13 >>THE CLERK: The motion carried with Suarez being absent.

05:18:17 Second reading and adoption will be on October 6th at

05:18:19 9:30 a.m.

05:18:20 >>HARRY COHEN: Thank you.




05:18:29 Item number 4.

05:18:30 >> Melissa Dickens, Planning Commission staff. This is a

05:18:44 public hearing on a text amendment to the comprehensive

05:18:47 plan.

05:18:48 This serves takes ten year work plan amendment and modifies

05:18:53 the potable water.

05:18:55 This is a transmittal hearing for the text amendment.

05:19:04 This is a publicly initiated amendment.

05:19:07 And the ten year water supply facility work plan is required

05:19:10 to be updated following the regional water site plan

05:19:14 adoption by the Southwest Florida Water Management District.

05:19:17 The backup documentation included in your plan amendment

05:19:20 packet a detailed analysis and report that examines

05:19:26 projections.

05:19:30 This report was prepared by Planning Commission staff in a

05:19:33 multi-agency coordination effort with information provided

05:19:36 by the city's water department, Tampa Bay water and the

05:19:42 Southwest Florida Water Management District.

05:19:44 The amendment addresses both the potable water -- section.

05:19:55 A little bit about the purpose and intent of the amendment.

05:19:57 The purpose is to fulfill the statutory requirements to

05:20:00 update the ten year water facilities work plan again within

05:20:05 18 months.

05:20:07 It also adds the work plan table of progress to the potable

05:20:11 water section.




05:20:17 With the Tampa Bay water and southwest Florida water

05:20:21 district they identified a few minor clarifications,

05:20:25 language related to potable water in the capital

05:20:27 improvements section.

05:20:28 The proposed amendments have been reviewed by the City of

05:20:31 Tampa water department staff and have been coordinated with

05:20:35 staff as well.

05:20:42 The Planning Commission found the text amendment consistent

05:20:45 with numerous goals, objectives and policies of the Tampa

05:20:50 comprehensive plan.

05:20:51 Some of the main goals, objectives and policies of

05:20:55 intergovernmental and total water policies related to

05:20:58 consistency of the plan and the Southwest Florida Water

05:21:00 Management District regional water supply plan.

05:21:04 There's consistency with environmental objectives related to

05:21:07 utilizing alternative water supplies, reuse and

05:21:11 conservation, and a potable water policy related to insuring

05:21:15 the systems can satisfy the existing and projected demands.

05:21:25 The Planning Commission recommends that the council find

05:21:30 PACPA 16-04 consistent with the goals, objectives and poses

05:21:35 of the Imagine 2040 Tampa comprehensive plan and transmit

05:21:38 the amendment to state and regional agencies for review.

05:21:41 And I am available for any questions.

05:21:43 >>HARRY COHEN: Are there any questions from council members

05:21:50 at this time?




05:21:51 >>CHARLIE MIRANDA: Mr. Chairman, from way read, the goals

05:21:54 and objectives, we will have about 83 million gallons a day

05:21:58 in 2035 and our population will grow by about 150,000 in the

05:22:05 service area.

05:22:05 >> What's your question?

05:22:09 >>CHARLIE MIRANDA: Not a question, a comment so the public

05:22:11 understands what you are talking about.

05:22:13 By the year 2035, the estimated total water demand in

05:22:17 millions of gallons is 83.9 gallons, and our supplies by

05:22:24 SWFWMD is 82 million gallons a day average.

05:22:27 And by the population demand we'll have an increase of about

05:22:32 150,000.

05:22:42 That's it.

05:22:45 I didn't want to scare you.

05:22:47 I'm the one that's scared.

05:22:48 They are looking at me, not you.

05:22:50 >>HARRY COHEN: Thank you.

05:22:51 Anyone to speak on item number 4?

05:22:53 >> Move to close.

05:22:54 >> Second.

05:22:55 >>HARRY COHEN: Motion by Councilman Montelione.

05:22:57 Seconded by Councilman Maniscalco.

05:23:01 All in favor?

05:23:02 >>CHARLIE MIRANDA: Move to transmit.

05:23:06 >> We have a motion by Councilman Miranda.




05:23:09 Seconded by Councilwoman Capin to transmit item number 4.

05:23:13 All in favor?

05:23:14 Opposed?

05:23:18 Thank you very much.

05:23:19 Item number 5.

05:23:31 >>DAVID HAY: Planning Commission staff.

05:23:34 This next text amendment 16-08 is a transmittal hearing,

05:23:40 also.

05:23:44 The proposed text amendment is properly initiated by the

05:23:48 City of Tampa staff in cooperation with the Planning

05:23:50 Commission staff.

05:23:52 The proposed language provided in your packet proposes a

05:23:55 number of changes to the adopted future land use matrix for

05:23:59 the City of Tampa.

05:24:00 The main change would be the introduction of a tiered floor

05:24:04 area ratio for the community mixed use 35, community

05:24:08 commercial 35, and the urban mixed use 60 future land use

05:24:11 category.

05:24:13 Currently all development is treated similarly where one

05:24:18 used to pass a floor area ratio, a 1.0 floor area ratio and

05:24:26 2.0 floor ratio for the urban 60 future land use category.

05:24:32 You must meet performance measures.

05:24:34 These performance measures are basically a monetary payment

05:24:37 to the city to fund urban improvement and are based on a

05:24:41 formula related to additional square footage.




05:24:44 Proposed change would increase the overall floor area ratio

05:24:47 for vertical mixed use development that would not have to

05:24:50 meet these performance measures.

05:24:52 This in theory will further incentivize mixed use

05:24:56 development along the city's main corridors.

05:24:59 Proposed vertical mixed use development would have to meet

05:25:03 certain requirements to attain the higher floor area ratio

05:25:06 such as being located on an arterial roadway or meeting

05:25:11 minimum acreage standards.

05:25:16 Other changes, proposed clarification to the physical

05:25:19 building, height, description for a number of the

05:25:24 categories.

05:25:24 The typical instructions are for informational purposes and

05:25:29 are not tied to any particular regulation.

05:25:31 Another proposed change clarifies the federal Aviation

05:25:33 Authority's role in determining height on adjacent parcels

05:25:39 within the municipal airport future land use category.

05:25:48 Further changes, the removal of a requirement for a public

05:25:51 hearing for buildings over 120 feet in the central business

05:25:54 district, meeting all requirements of the downtown

05:25:56 development regulation.

05:25:59 The proposed changes also seek to limit the recently created

05:26:03 neighborhood mixed use future land use category, about a

05:26:09 year, year and a half old.

05:26:10 It would limit them, the availability of those categories to




05:26:13 the city's four identified growth areas which include the

05:26:17 city's employment centers, such as Westshore and downtown,

05:26:21 urban villages like Seminole Heights and Tampa Heights,

05:26:24 mixed use corridors and centers like Dale Mabry Highway and

05:26:28 any future transit station areas identified as future

05:26:33 planning efforts.

05:26:35 Your Planning Commission has reviewed the proposed plan

05:26:37 amendment and found the request consistent with a number of

05:26:40 policies related to mixed use vertical integrated

05:26:44 development patterns, for the protection of the viability of

05:26:48 Tampa International Airport.

05:26:49 The promotion of development patterns that promote the

05:26:54 eastern transit and overall neighborhood protection policies

05:26:57 related to development along the city's major corridors.

05:27:01 The specific policies are listed within the provided staff

05:27:05 report.

05:27:06 Therefore, your Planning Commission recommends the Tampa

05:27:08 City Council find Tampa plan amendment 16-08 consistent with

05:27:13 the goals, objectives and policies of the comprehensive plan

05:27:17 and for regional and state reviews.

05:27:22 I'm available if you have any questions.

05:27:24 >>HARRY COHEN: Any questions from council members on item

05:27:25 number 5?

05:27:27 I don't see any.

05:27:28 Is there anyone in the public who would like to speak on




05:27:31 this item, item number 5?

05:27:32 >> Move to close.

05:27:35 >>HARRY COHEN: Motion from Councilman Montelione, seconded

05:27:38 by Councilman Maniscalco.

05:27:40 All in favor?

05:27:45 And again the motion.

05:27:49 Councilman Miranda, seconded by Councilwoman Capin.

05:27:52 All in favor of the transmittal motion?

05:27:54 Opposed?

05:27:57 We are going to move on now to item 6.

05:27:59 >> Jennifer Malone with Planning Commission staff. This is

05:28:12 an amendment to the Tampa comprehensive plan, 16-03-A.

05:28:19 The central Tampa planning district within the West Tampa

05:28:23 urban village.

05:28:26 This is a privately initiated small scale amendment,

05:28:29 approximately 8.12 acres, proposing to go from residential

05:28:35 35 to mixed use 60.

05:28:36 This is the subject site outlined in yellow.

05:28:41 I-275.

05:28:46 This is the Hillsborough River.

05:28:47 This is downtown Tampa.

05:28:49 Right here we have the University of Tampa.

05:28:51 And the preparatory school.

05:28:55 And the Julian B. Lane park and the surrounding areas.

05:29:07 This is west along park street. This is on Cypress Street.




05:29:17 And then Edison Avenue right here.

05:29:21 And last, this is Cass street.

05:29:32 And you start at the bottom where we are on the map.

05:29:37 This is the currently adopted future land use map.

05:29:43 This is outlined in black.

05:29:45 This green is recreational open space.

05:29:47 The darker pink color is RMU 100.

05:29:53 And this blue is the public land use category.

05:29:58 The marine is the future land use category.

05:30:01 The lighter brown is residential 20.

05:30:04 And then I have mixed use 35 along Rome right here.

05:30:08 And then this is Cass to Grand.

05:30:16 This is the proposed future land use map.

05:30:20 The site again indicating that urban mixed use 60 in

05:30:29 different colors.

05:30:31 If approved, this amendment would increase the potential

05:30:34 number of dwelling units from about 284 to 487 and increase

05:30:40 the potential nonresidential footage from approximately 200

05:30:44 that you to over 1 million.

05:30:46 In the proposed future land use category, residential

05:30:49 density would be guided by either the floor area ratio or

05:30:52 dwelling units.

05:30:53 And the typical uses and the urban mixed use category are

05:30:57 medium, high density, with professional offices and

05:31:02 commercial development.




05:31:07 The City of Tampa does support this if approved in

05:31:11 conjunction with 16-03-B which is next on the agenda.

05:31:21 This request does follow many of the objectives of the

05:31:27 InVision Tampa plan which I am sure you are familiar with.

05:31:34 The diversification of multifamily residential areas, also

05:31:40 the comprehensive plan identifies urban villages for higher

05:31:43 density housing, and extended uses and encourages higher

05:31:47 density that will support alternatives, the specific

05:31:52 policies provided in the staff report.

05:31:57 Planning Commission does recommend the proposed is

05:32:02 consistent with the comprehensive plan.

05:32:03 I'm available for any questions.

05:32:04 >>HARRY COHEN: Councilman Reddick.

05:32:08 >>FRANK REDDICK: Is this an extension of the West River

05:32:12 park development for future use?

05:32:14 >> JENNIFER MALONE: That -- David?

05:32:24 >>DAVID HAY: That's a separate planning effort.

05:32:28 This was not part of that West Riverfront planning that the

05:32:34 city staff had undertaken.

05:32:36 This is a private amendment.

05:32:39 >>FRANK REDDICK: I understand that, but based on what you

05:32:41 are indicating what the use might be, it obviously is an

05:32:47 extension.

05:32:48 >>DAVID HAY: I mean, it could be --

05:32:51 >> JENNIFER MALONE: I would say it's cross limited.




05:32:55 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

05:32:58 I believe I got the right location here.

05:33:00 Years ago, there was an individual that sometimes did what

05:33:05 he said, sometimes did what he didn't say.

05:33:09 He was from New York.

05:33:10 I believe he was one of the owners of this area sometime

05:33:13 back, not that he owns it now.

05:33:15 Yes, it's been through changes of -- and I am concerned

05:33:19 about the people who live there now, what are we going to do

05:33:22 for them?

05:33:23 >> The applicant is present and I will have him further

05:33:29 discuss his plans.

05:33:33 >> Adam Harton, one of the owners of the property we are

05:33:49 talking about today.

05:33:51 >>CHARLIE MIRANDA: And I wasn't meaning you when I said.

05:33:53 That it was someone way before you.

05:33:56 >> I understand that.

05:34:15 I thank the staff for the job.

05:34:19 As discussed, the request before you is for future land use

05:34:23 amendment at the western gateway to downtown Tampa.

05:34:29 The property is indicated with in green.

05:34:37 And it includes all the frontage of North Boulevard from the

05:34:42 University of Tampa to the channel 3 construction service

05:34:49 building.

05:34:50 The property fronts Boulevard, which is a truck route, and




05:34:58 across-through street, and it is served by Cass Street on

05:35:02 the south, which is a neighborhood arterial for cypress

05:35:07 which is a regional arterial.

05:35:26 here is a plan showing the lot currently, the improvements

05:35:35 that you have funded in there, Riverfront Park, and Oakhurst

05:35:42 is here, for the relationship.

05:35:46 The highest urban classification of the street, and

05:35:49 transportation plan.

05:35:51 The purple that I realize doesn't present well, cypress, and

05:35:58 the next highest classification.

05:36:12 This is a site plan.

05:36:21 I won't be redundant.

05:36:24 I think that we have been able to acquire this one lot which

05:36:29 is a portion of the companion, and I think that's important

05:36:34 because it allows the street grid to be continued, and I

05:36:39 think as we look to the future we can come back for you to

05:36:42 access some of the possibilities of this UM 60.

05:36:51 I think it's important the street be reconnected.

05:37:10 The site is on a transit corridor.

05:37:14 And I blew this up.

05:37:16 I apologize.

05:37:17 It was out of scale.

05:37:19 The squares are the subject site.

05:37:21 And the bus routes are represented by number 7, number 10

05:37:25 and the number 14.




05:37:27 I think more importantly as we look at the -- and what's

05:37:31 interesting about the future comprehensive plan, this

05:37:38 property occupies a really important gateway tote western

05:37:42 side of downtown as we look to come up with a transit

05:37:45 solution.

05:37:46 It strikes me as somebody who is personally and financially

05:37:52 vested in this area.

05:37:54 And cypress or Haines and Spruce are the two ways that the

05:37:59 Westshore business district would ultimately be connected to

05:38:02 downtown by some type of rapid transit that we have at this

05:38:07 time.

05:38:08 And either way, I think this property occupies a spot with

05:38:14 regard to that if it went down cypress.

05:38:28 I think that is the point I wanted to make to augment the

05:38:32 staff report.

05:38:35 I can answer questions.

05:38:36 >>HARRY COHEN: I believe Councilman Miranda and Councilman

05:38:43 Reddick.

05:38:43 >> I yield to Councilman Reddick.

05:38:45 >>FRANK REDDICK: Thank you.

05:38:47 You basically just stated that for years now about this

05:38:53 urban transit, and by you identifying the areas where it

05:38:57 might be.

05:38:58 Let me say, you co-own the Oakhurst apartment, correct?

05:39:03 >> Yes, sir.




05:39:04 >> What do you plan on doing with that?

05:39:06 >> Well, at this point we are before you for a land use

05:39:09 amendment.

05:39:10 We were able to go and present to neighbors at the West

05:39:14 Tampa community development agency advisory board.

05:39:19 Generally, what we have in mind show Oakhurst department,

05:39:25 200 wood frame and concrete block apartments constructed in

05:39:28 the early 70s.

05:39:30 They are really nearing the end of their functional life.

05:39:33 They currently have a conflict section 8 agreement, housing

05:39:36 assistance program, and deed restriction on the property.

05:39:43 Our near term plan is to identify the comprehensive plan

05:39:47 usage to come up with a specific regional plan for the site,

05:39:54 to use requires the plan developments in the community

05:39:59 engagement that is involved with that.

05:40:02 Additionally, the HUD process for relocating the housing

05:40:08 assistance program is very similar to what went on with the

05:40:14 public housing, both in Encore and in Main Street.

05:40:19 So we would anticipate -- I apologize.

05:40:24 Three or four years, during the next three or four years, we

05:40:27 would like to engage with the neighbors, seek permission for

05:40:34 a relocation plan, come up with a way to incorporate a

05:40:37 portion of the affordable units back on the site and

05:40:40 redevelop the balance somewhere in urban geography and then

05:40:50 develop this site to a more urban density appropriate to the




05:40:56 spot as a western gateway to downtown.

05:41:00 >>FRANK REDDICK: So the bottom line is, in two, three to

05:41:04 four years, those people who have been living there for

05:41:08 five, ten years, they will be gone? That's the bottom line

05:41:11 based on what you are saying now.

05:41:12 >> We would like to recreate a portion of those units, and

05:41:20 the process of relocation of people have to have a place to

05:41:23 live while something new is built.

05:41:25 >>FRANK REDDICK: Right.

05:41:28 >> That is correct.

05:41:29 >>FRANK REDDICK: And just down the street from there a few

05:41:35 blocks, D.O.T. came up with the same thing for TBX

05:41:41 relocating those people.

05:41:42 It seems like it's proper terminology that you are going to

05:41:45 relocate, and we are going to relocate and relocate.

05:41:52 You know, I grew up in that area.

05:41:55 I was there when they built Oakhurst.

05:42:01 And to hear that -- and I know just across the bridge, you

05:42:06 also are developing in the Tampa Heights, there on Palm

05:42:10 Avenue, and you are trying to do development there.

05:42:13 >> Yes, sir.

05:42:14 >>FRANK REDDICK: So it seems to me that you have got to

05:42:20 stretch from Cass Street all the way north, across the

05:42:25 bridge, to palm, and you are getting all of that territory

05:42:37 which is going to allow a lot of people to be relocated, to




05:42:40 use your terminology.

05:42:45 And that bothers me because we just continue to have this --

05:42:54 developers keep thinking that we can keep coming to the

05:42:57 inner city community, and keep relocating people, and

05:43:03 everybody should be happy.

05:43:06 And this bothers me to hear, when I first heard that you

05:43:12 purchased the property, you and some others.

05:43:14 And I understand the HUD requirement.

05:43:17 And I understand the section 8.

05:43:19 But it's those people on section 8, they have to meet

05:43:25 certain requirements to be on section 8.

05:43:29 So if you are going to relocate them, where are these people

05:43:33 going to meet additional section 8 requirements? You are

05:43:36 running out of places in this city; for space available for

05:43:43 these people to go.

05:43:44 They just relocated.

05:43:46 They were almost through.

05:43:48 Relocating all these people in public housing on North

05:43:50 Boulevard.

05:43:54 And a lot of those people are on section 8.

05:43:57 Where are these people going?

05:43:59 And now these units, when I look at the number of units that

05:44:04 you are talking about, and what you plan on doing, and the

05:44:11 mixed use development, it just bothers me that why is it

05:44:20 always poor people got to suffer for rich people?




05:44:23 And this is what it come down to.

05:44:26 Poor people got to continue suffering because you got to

05:44:30 relocate them somewhere else, and take something that they

05:44:35 can barely afford, and using development for profit, going

05:44:44 to develop the property, at the benefit of these poor

05:44:47 people.

05:44:49 And this is the problem I'm having, because you just laid it

05:44:53 out.

05:44:54 One thing you said that I haven't heard from a developer

05:44:57 say, everybody else referred to something else, you said

05:45:01 riverfront land.

05:45:02 That's what we used to say when I was growing up.

05:45:05 And they called it Julian B. Lane and all this other.

05:45:10 >> That's down the street.

05:45:12 >>FRANK REDDICK: Yes.

05:45:14 So my concern is that it's difficult for me to be supportive

05:45:21 of a comprehensive plan that's going to continue to relocate

05:45:25 poor people.

05:45:29 And I'm just tired of every time there's development,

05:45:34 redevelopment, there are always poor people that has to

05:45:40 suffer.

05:45:42 And it's time we stop this foolishness.

05:45:47 So that bothers me.

05:45:48 And I felt the same way when we talked about TBX.

05:45:54 TBX, got rid of the Presbyterian people.




05:45:57 Tampa Housing Authority getting ready to end the housing

05:46:01 project.

05:46:01 They are not Ghana now.

05:46:04 And now Oakhurst, a unit that I saw developed growing up as

05:46:10 a kid, now the next three or four years.

05:46:15 And even though your project won't come along in the next

05:46:18 three to four years, relocation start almost a year or two

05:46:22 in advance.

05:46:23 And so if you approve, when would the relocation process

05:46:29 start?

05:46:29 >> Again, we are before you today with future comprehensive

05:46:36 land use, the process of contract and deed restrictions on

05:46:45 the property is part of what we approve by HUD Jacksonville,

05:46:50 and then once a plan is in place, then that's -- I believe

05:46:55 that this property is our three to four year window, as I

05:47:01 said still, and again, you know, we think the housing

05:47:08 assistance program contract is an asset of the community.

05:47:15 I'm not completely comprehending, and I guess for the

05:47:20 purpose of the hearing today, but we are empathetic to the

05:47:25 situation.

05:47:26 And I developed riverside park in conjunction with a large

05:47:30 national developer, a thousand affordable units in the

05:47:35 tricounty area.

05:47:39 The Heights, building affordable housing.

05:47:43 And this contract is an asset of the community.




05:47:49 We are a donor state.

05:47:50 We are a donor panel.

05:47:52 We send more money -- and the other thing is, she's a would

05:48:01 social worker, and at Oakhurst.

05:48:06 So again, you know, I understand what you are saying.

05:48:12 But they have new housing that's been constructed and Encore

05:48:19 is available to folks at the same price that the obsolete

05:48:23 housing at Oakhurst --

05:48:29 >>FRANK REDDICK: Let me just say, are you aware of the

05:48:34 waiting list at Encore?

05:48:37 There's a huge waiting list.

05:48:39 I don't want to sound like that commercial on TV.

05:48:42 But there's a huge waiting list.

05:48:44 And so everybody can't go to Encore.

05:48:50 And there's a huge waiting list over there.

05:48:52 And there's a lot of people can't even get in there.

05:48:55 So that's not a good example.

05:48:58 But that's all I am going to say at this time, Mr. Chair.

05:49:02 >>HARRY COHEN: Okay.

05:49:04 Before we move on to hear from the public, is there anyone

05:49:07 else on council who has questions for the applicant?

05:49:11 I don't see any at this time.

05:49:12 So we are going now to public comment on this, which is item

05:49:16 number 6.

05:49:17 Is there anyone from the public that wishes to speak on item




05:49:20 number 6?

05:49:24 Yes.

05:49:24 Come on up.

05:49:25 >> Good afternoon.

05:49:29 My name is Delphine Jones, West Riverfront crime watch

05:49:34 group.

05:49:34 And thank you, Councilman Reddick, for that insight.

05:49:42 We are definitely opposed to this request, this amendment.

05:49:49 One of my biggest problems is, what is he going to do if

05:49:53 it's passed?

05:49:55 Okay.

05:49:55 My understanding is that he can go up to even eight stories

05:49:59 high.

05:50:00 We have a low density established neighborhood, of people

05:50:04 who have been there forever, 57 years myself.

05:50:10 But what are we going to do with people who love to stay in

05:50:12 this area, where are they going to go?

05:50:16 Taxes are going to go up.

05:50:17 And the people in the area just feel like they are being

05:50:20 pushed out.

05:50:26 Every day, you don't have identity in your own neighborhood.

05:50:32 Can you imagine what that's like to go to your neighborhood

05:50:37 for the last 13 years?

05:50:39 It's the interstate.

05:50:40 It's this.




05:50:40 It's that.

05:50:41 When you get through one thing with council you fight again.

05:50:44 I was here two weeks ago if you recall.

05:50:46 It's a never-ending story.

05:50:48 So we have a petition here, and we are definitely opposed.

05:50:52 Can we put this in the record, please?

05:50:54 >> Yes, just submit it.

05:50:58 >> And I just want to say, I'm not the poorest and I'm not

05:51:04 the richest, but I will fight for the poorest to the day I

05:51:07 die.

05:51:07 >> Good afternoon, council.

05:51:18 My name is Ted Perry.

05:51:20 I reside at 1160 West Gray Street, Tampa, Florida 33607.

05:51:29 I'm here as a follow-up to the e-mail that I sent you a week

05:51:36 ago in reference to this issue, in which I vehemently oppose

05:51:43 the request to change the land use designation for this

05:51:47 area.

05:51:48 I also stand with the residents of Oakhurst square.

05:51:54 And I'm also the treasurer of the West Riverfront crime

05:52:00 watch association.

05:52:03 And before I continue, I would like to ask the members of

05:52:09 the West Riverfront crime watch association that are here to

05:52:13 please stand.

05:52:17 I have lived in this area for approximately 65 years.

05:52:30 My mother brought me home from the hospital to the home




05:52:33 right across the street from where I live.

05:52:36 And to be quite honest, Oakhurst is a sore thumb for us

05:52:43 right now because it shut down several streets in our

05:52:50 community.

05:52:51 We are no longer able to access North Boulevard from gray,

05:52:56 Nassau, and even LaSalle.

05:52:59 And I think to allow this request for this land use

05:53:07 designation would do nothing but decimate our community.

05:53:12 It seems, though, whenever this development -- developers

05:53:17 want to develop, they always want to encroach upon the urban

05:53:22 core.

05:53:27 And we are talking about Oakhurst.

05:53:29 But let's be for real.

05:53:33 This goes beyond that.

05:53:35 It includes Gilcrest.

05:53:39 It includes Delaware.

05:53:42 It includes Edison.

05:53:46 It goes even beyond Delaware.

05:53:51 If we are talking about the property where Beulah Baptist

05:53:56 is.

05:53:56 So we are talking about coming deep into the neighborhood.

05:53:58 (Bell sounds)

05:53:59 I know my time is about up.

05:54:01 But I got Mr. Paul and Mr. Graham will yield their time if I

05:54:07 may continue.




05:54:08 >>MARTIN SHELBY: Council, that normally requires a speaker

05:54:13 waiver form.

05:54:14 I do have two people -- if you could stand up and identify

05:54:18 yourself, please.

05:54:18 >> Paul Tompkins.

05:54:25 >> Wynn groves.

05:54:32 >>MARTIN SHELBY: And does this council wish to grant two

05:54:34 additional minutes then?

05:54:36 Thank you.

05:54:36 By unanimous consent.

05:54:37 Thank you.

05:54:37 >> I want to talk about riverfront for a moment.

05:54:49 When the first riverfront was built, it was a beautiful

05:54:52 park.

05:54:53 People would come as far as Fort Myers, Orlando, Auburndale,

05:55:01 Lakeland, St. Pete, Tarpon Springs.

05:55:09 Every Sunday, the park would be packed.

05:55:16 If you had nerve enough to venture in and park, it would --

05:55:20 you better be prepared to stay two to three hours because

05:55:23 you couldn't get out.

05:55:25 You had police that had to do the traffic control.

05:55:31 Now, I had no idea when I participated in those meetings to

05:55:37 talk about what the new Riverfront Park would be like.

05:55:42 I didn't know I was getting involved in something that would

05:55:44 decimate my neighborhood.




05:55:47 Now, we don't have any problem with the developer

05:55:50 redeveloping that area under the current land use condition.

05:55:55 But to allow that process to go up eight stories is

05:56:02 unconscionable.

05:56:05 I enjoy walking out my front door and looking at skyline of

05:56:09 downtown Tampa.

05:56:11 From the street which I live on.

05:56:13 And I am going to close now and I just ask that you please

05:56:23 consider leaving the current land use designation as it

05:56:30 currently is.

05:56:31 Thank you.

05:56:31 (Bell sounds)

05:56:40 >> Good evening, City Council.

05:56:48 My name is Ruth McNair, and I am the coordinator of the

05:56:51 West Riverfront neighborhood crime watch association.

05:56:54 And I have lived in West Tampa ever since 1947.

05:57:00 And the house I live in, I lived in since 1958.

05:57:05 I'm right down not too far from where all of this is trying

05:57:09 to take place.

05:57:11 And when I move into my house, it had been very quiet.

05:57:20 And I love where I live.

05:57:22 But changes are coming.

05:57:25 It seems like everybody coming in trying to make us want to

05:57:30 leave.

05:57:30 Well, I love my neighborhood.




05:57:36 So I'm for development, but I don't think we want this to be

05:57:45 two stories, eight story residence that they want.

05:57:49 So if you keep it as it is, I would appreciate it very much.

05:57:55 Keep it as it is.

05:57:58 Thank you very much.

05:58:00 We have some people here.

05:58:05 Would you like to stand, Oakhurst people?

05:58:08 Ladies?

05:58:10 They are here, too.

05:58:11 So we are here to help them, because I don't know where they

05:58:13 are going to go, because like Councilman Reddick, he really

05:58:23 said -- he real said exactly what I would love to have said,

05:58:28 because I don't know where these people are going really, so

05:58:33 much are moving.

05:58:34 So please, let it stay as it is.

05:58:40 Thank you.

05:58:44 >> Good evening, council.

05:59:03 [Off microphone.]

05:59:06 >> Can we have your name for the record, please?

05:59:08 I'm sorry.

05:59:09 >> Your name, please.

05:59:11 >> I'm sorry.

05:59:13 [Off microphone.]

05:59:20 She talked about 57 some years.

05:59:36 I have been 80-some years.




05:59:48 I see the television display of Hyde Park quite often and I

05:59:58 kind of look at it as this place, and it looks different.

06:00:10 We don't want to live in Hyde Park but we want our place to

06:00:13 look and be just as that place is.

06:00:19 But anyway, I don't want anything to change either.

06:00:23 I have been there 89 years.

06:00:26 And I'm still trying to make it a place that will be

06:00:32 wonderful.

06:00:33 And speaking about that park.

06:00:37 We were there.

06:00:39 And we had names for that park, too.

06:00:41 And the park is in the area where black people have

06:00:44 businesses and what have you.

06:00:46 And my choice was Dr.

06:00:50 A L. Lewis park.

06:00:52 But when I looked one day they named the park Julian Lane.

06:00:59 But, anyway, you know who I'm talking about.

06:01:07 But, anyway, I want you to know that I appreciate the work

06:01:10 that you do.

06:01:11 And I want to be here to see whatever you are going to do

06:01:15 with that land but I hope you don't do anything that would

06:01:18 9/11 diminish the pleasure that we have living in the tiny

06:01:23 spot where we live.

06:01:24 Okay?

06:01:25 Thank you so very much.




06:01:28 And please, I want you to do the best you can.

06:01:33 And I commend you because I think you said a lot of things

06:01:36 that was said.

06:01:37 I don't need to repeat all of it.

06:01:40 Okay.

06:01:42 So he's tapping me on the shoulder.

06:01:47 (Laughter)

06:01:50 Saying mama, it's time to go.

06:01:52 By the way, I have just written a book and it's about me.

06:01:55 (Laughter)

06:02:01 [ Applause ]

06:02:06 I want each of you, you know, to get one sometime.

06:02:09 (Bell sounds)

06:02:13 Thank you so much.

06:02:14 >>HARRY COHEN: She's going to be a hard acted to follow but

06:02:22 is there anyone else that would like to speak on this item?

06:02:26 All right.

06:02:29 Mrs. Kert.

06:02:30 Oh, I'm sorry, there is.

06:02:32 Excuse me.

06:02:32 >> Good afternoon.

06:02:34 My name is Lou share, 1315 west state street.

06:02:41 Been there about 30 years.

06:02:42 I'm secretary for the West Riverfront neighborhood crime

06:02:46 watch.




06:02:47 And a few years ago, the developer came on state street and

06:02:52 they were able to block off the apartments, and now last

06:02:58 year, we just had condos, built about 250 feet from us, and

06:03:04 down the street on Rome, there's going to be 300 more

06:03:08 apartments.

06:03:09 Where my church burned in new Salem, there's going to be

06:03:13 condominiums built there.

06:03:14 And those condos, they are about three stories high.

06:03:20 And they blocked in our little house.

06:03:25 I cannot imagine what eight to ten stories will look like in

06:03:30 Oakhurst.

06:03:31 So I just want to ask you all to please keep it as three,

06:03:36 four stories high, and we would appreciate keeping our

06:03:39 neighborhood in unity.

06:03:41 Thank you.

06:03:41 >>HARRY COHEN: Are there more?

06:03:48 Come on up.

06:03:56 All right, if that's the end of the speakers for item number

06:03:58 6.

06:03:59 If it is, I believe Mrs. Kert wanted to say something to

06:04:03 City Council.

06:04:03 >>REBECCA KERT: Thank you, City Council.

06:04:05 Before petitioner has rebuttal, I just wanted to talk to you

06:04:08 about the legal parameters for rezoning.

06:04:10 It is a comp plan amendment.




06:04:11 So it's a slightly different animal than what you typically

06:04:15 see.

06:04:16 But your comprehensive plan actually that you adopted states

06:04:19 how you should review these requests, and it does say you

06:04:23 need to take these requests very seriously because you have

06:04:25 already taken a lot of time and effort in these planning

06:04:28 decisions.

06:04:28 And any change you need to identify what has changed to make

06:04:36 the change necessary.

06:04:37 But further than that, it actually spells out specifically

06:04:40 what you are to review when you are assessing a proposed

06:04:45 amendment, and it does state that you are supposed to assess

06:04:49 the merits of the plan, and consider policy implications

06:04:53 that the amendment would have on the future land use map in

06:04:56 the general area of the affected property and the

06:04:58 development pattern and growth policies currently being

06:05:00 pursued there.

06:05:01 And then it says, specifically, you shall review the

06:05:08 following criteria. Mandatory criteria that you must apply.

06:05:13 There's a recent case out of Pinellas County where their

06:05:15 decision was overturned and damages were assessed because

06:05:18 they did not apply these criteria. So whatever your

06:05:21 decision is one way or the other, these are the criteria

06:05:23 that you have to apply.

06:05:24 And it is that the requested land use category meets the




06:05:28 intent of the city's component in which it is being

06:05:31 requested, and approving any requests for land use category

06:05:34 that provides the intensity or broader range of uses --

06:05:39 >>HARRY COHEN: Councilman Capin just mentioned we would

06:05:43 like to have this printed out.

06:05:44 >> I would be happy to do that.

06:05:46 I just didn't have time to run upstairs and do that. I

06:05:49 thought they were in the staff report and they weren't.

06:05:51 I don't know how you want to handle that.

06:05:54 I would prefer to do that as well.

06:05:57 I mean, I can do it during rebuttal.

06:06:02 >>HARRY COHEN: If it's the pleasure of council we can go to

06:06:05 rebuttal and if you come down by the time it's over.

06:06:08 If not --

06:06:11 >>CHARLIE MIRANDA: Mrs. Kert, you are speaking about

06:06:13 certain criteria on 13-03 A, but 13-03-B is a different

06:06:20 animal.

06:06:21 >> No, it will also be a request --

06:06:23 >>CHARLIE MIRANDA: Let me ask before we go there.

06:06:26 And not that the petitioner would do it any other way than

06:06:29 the way he said it, but you can have a piece of property and

06:06:33 sell to the someone else and then someone else, it's

06:06:37 different than the petition we have today.

06:06:39 So what I am saying is, what we are asking here is a

06:06:43 changing -- and I heard all about the density and the use,




06:06:46 and I understand that legally, I can't go by that criteria.

06:06:54 It meets the criteria of the law.

06:06:55 I cannot use that in any form which way I would like to,

06:06:59 whether I like it or not.

06:07:00 I also understand all that, but, however, when you are

06:07:04 speaking about relocation, and what we are asking to do here

06:07:08 is to have a portion of property, whether this one or

06:07:12 somewhere else, and change the parameters of the life no way

06:07:19 without regard to life.

06:07:20 In other words, when I look at the audience and I look at

06:07:22 the age and I look at different things, going to move

06:07:28 somewhere else.

06:07:28 But when you are over 365, 75, you can't move somewhere

06:07:32 else.

06:07:32 Very difficult.

06:07:33 Your income is much lower.

06:07:35 Your abilities to move is less than it was when you were 25,

06:07:38 other than myself.

06:07:38 I'm stronger now than I was 55 years ago.

06:07:41 But what I am trying to say is that what regard do we have

06:07:48 so that the people that live in houses like they do now,

06:07:54 that they are guaranteed a movement, a relocation, somewhere

06:07:59 else?

06:07:59 >>REBECCA KERT: I am familiar William the process that you

06:08:02 are talking about in general but I am not specifically




06:08:04 familiar.

06:08:05 And I would not be the appropriate person to talk about the

06:08:07 relocation that's required when you have this type of

06:08:12 housing that's there currently.

06:08:14 I know that there are standards but I would be misleading

06:08:17 you if I spoke about them in detail.

06:08:18 >> Wait till you bring us back the information.

06:08:24 >>REBECCA KERT: I think I have a couple of people going to

06:08:26 print it out right now so we will have plenty of copies

06:08:30 hopefully.

06:08:30 But the one thing I want to talk to really speak specific

06:08:34 about is there may be a lot of good reasons for, good policy

06:08:39 reasons to deny this, but you need to follow the criteria

06:08:42 that is in your plan, because that is what happened in

06:08:46 Pinellas County.

06:08:46 They felt they had a very good reason to preserve industrial

06:08:49 area but they had failed to adopt that in their plan.

06:08:51 And I don't want City Council to in that position.

06:08:55 So when we get the criteria, just please, whatever your

06:08:58 decision is, one way or the other, just please review it

06:09:01 understood those criteria.

06:09:03 Thank you.

06:09:03 >>HARRY COHEN: We'll go to petitioner's rebuttal and then

06:09:08 we'll go back to council.

06:09:09 >> It sound like there's a lot -- I think that the whole




06:09:19 eight-story thing is a rendering.

06:09:23 We understand it.

06:09:24 I am going to come back before you with a relocation plan

06:09:27 approved by the department of urban housing and development

06:09:31 and a planned redevelopment rezoning, later in this process

06:09:35 is going to require that what we construct, the

06:09:39 transportation standards, stormwater, parking, transition to

06:09:42 the adjacent neighborhood, all those things are going to be

06:09:46 addressed at that time.

06:09:48 So that's not what we are here to talk about today.

06:09:54 And with regards to the criterion for the decision today, I

06:09:59 would point out that the property is in the West Tampa urban

06:10:03 village, and the West Tampa redevelopment area, and for this

06:10:14 area is business centers, transit stations, urban villages.

06:10:18 The urban village goals include that they should contain a

06:10:27 mix of uses, same with multifamily residential,

06:10:30 neighborhood-serving commercial, schools, central gathering

06:10:33 places, mass transit, safe walkable pathways.

06:10:37 You made a good starts on that with the park.

06:10:39 And I had this we are trying to create a place with a nice

06:10:44 transition to downtown and one that can support the cost of

06:10:48 constructing neighborhood serving retail, to get to that

06:10:54 viable point where you can have a corner store and a dry

06:11:00 cleaner, and that this area can become a neighborhood again.

06:11:05 Heights is a desert in the middle of Tampa. This is an




06:11:13 underserved area, medically underserved population.

06:11:18 The first two tenants at the apartments constructed at the

06:11:22 Heights include full service medical clinic, and a fresh

06:11:29 food component.

06:11:30 Additionally, this site is on a transit corridor.

06:11:37 We covered that.

06:11:38 It's served by three passes.

06:11:40 It's bound to be more important future transit corridor, but

06:11:46 today designated transit corridor. This site is directly

06:11:50 across from UR 100 so we are assessing the boundary, and I

06:11:59 think there's a consideration.

06:12:01 That said, at the peril of getting back in the weeds, our

06:12:09 commitment to re-creating a portion of the affordable units,

06:12:14 that still requires relocation.

06:12:16 So we can't reconstruct these functionally obsolete units.

06:12:20 You and I both watched it constructed in 1972 and 73 without

06:12:25 moving the folks out.

06:12:27 The relocation process, as I understand it, is more the

06:12:35 developer pays for the person, and works with the local

06:12:38 housing authorities, and if section will can be turned into

06:12:43 vouchers.

06:12:45 In discussions, I believe there may be an opportunity for

06:12:50 some of these folks, you know, with the new housing that's

06:12:54 going to be in West Tampa.

06:12:59 Again we are empathetic to it and we understand when we




06:13:04 bought this property that it was part of the duty that we

06:13:07 had.

06:13:09 So thank you for your time.

06:13:11 And we look forward to coming back and plan for relocation

06:13:29 thank you.

06:13:29 >>LISA MONTELIONE: Thank you.

06:13:31 I was just trying to review this at the same time I'm

06:13:35 formulating my thoughts.

06:13:37 But when we went through the Imagine 2040 process, and we

06:13:46 went through the InVision process, we went through the Parks

06:13:51 Department went out and bought charrettes for Julian B. Lane

06:13:56 Riverfront Park, all of these plans, InVision took forever.

06:14:03 There was a study done, although this is just outside the

06:14:07 boundary of the CRA for West Tampa.

06:14:10 It was all bill in the area.

06:14:13 There was a lot of discussion with the public, with the

06:14:16 neighborhood, with the individuals who live in the

06:14:18 neighborhood, and that took for years.

06:14:24 >> This property is in the CRA.

06:14:27 >>LISA MONTELIONE: It is in the CRA?

06:14:29 >> Yes.

06:14:29 >>LISA MONTELIONE: I'm not sure where the line was.

06:14:32 So it is in the CRA.

06:14:34 So part of the CRA is to redevelop and bring back -- that

06:14:40 was the whole point -- to bring back to life this area.




06:14:45 And one of the things you have to prove in order to get the

06:14:48 CRA established, as we all know because we just went through

06:14:52 the process a few months back, was slum and blight.

06:14:56 I don't like those two words but that's what's in the law.

06:15:00 Slum and blight.

06:15:03 And everyone participated.

06:15:05 They wanted the CRA.

06:15:06 It was the next best thing since sliced bread and was going

06:15:11 to, you know, bring great posterity to the area which is

06:15:18 right outside of downtown, and one of the policies that is

06:15:22 cited by Mr. Hay in the finding of consistent at the end, it

06:15:29 says it is consistent with the goals, objectives and

06:15:32 policies of the Imagine 2040 Tampa comprehensive plan.

06:15:35 It doesn't say that it's consistent with the plans for the

06:15:39 West Tampa CRA, but that's not part of his review to do

06:15:44 that.

06:15:45 And changes are.

06:15:46 When we take one big lot in South Tampa neighborhood or any

06:15:54 of the other neighborhoods where they are used to certain

06:15:59 development patterns, and now the economy is flourishing,

06:16:05 and the people are building density and dividing lots,

06:16:09 people don't like it.

06:16:10 They come in here, and you have many people who don't like

06:16:17 change.

06:16:18 So this being the first step in the redevelopment of the




06:16:24 West Tampa CRA, we haven't seen any others, other than

06:16:30 city-owned property.

06:16:34 It's going to be the toughest one because it is the first.

06:16:39 And everything that is presented by this comprehensive plan

06:16:45 amendment, and talking about relocation, talking about the

06:16:47 rezoning, talking about meeting all those other standards,

06:16:50 we are getting way ahead of ourselves, because development

06:16:53 takes a long time.

06:16:55 We could pass this tonight, and it cop sit exactly the way

06:16:58 it is for a very long time.

06:17:03 So what has happened in other projects is they have been

06:17:10 passed, they have been approved, and they thought because of

06:17:12 the economy or financing reasons or whatever, and nothing

06:17:15 has happened, even though we approved the comprehensive plan

06:17:18 amendment.

06:17:21 So I'm going to say that I would find it really, really hard

06:17:27 to find reasons to deny this because of all of the planning

06:17:32 that has gone on.

06:17:33 Imagine 2040, InVision, West Tampa CRA, planning for Julian

06:17:38 B. Lane Riverfront Park, they all line up.

06:17:41 And these plans are being worked on for five and a half

06:17:44 years at a minimum.

06:17:47 And what this request is asking for is consistent with all

06:17:50 of those planning efforts that we have been undergoing for

06:17:54 five and a half years plus, because I am sure some of them




06:17:57 started before we took office.

06:17:58 >>HARRY COHEN: Councilman Reddick.

06:18:02 >>FRANK REDDICK: Let me ask you a question and respond,

06:18:11 because I went to all of those meetings in West Tampa, and

06:18:17 not once did I see you there.

06:18:20 And, two, none of those people at the meeting, the majority

06:18:26 of them didn't agree with this InVision plan, for your

06:18:29 information.

06:18:31 Third --

06:18:31 >> It passed.

06:18:32 >>FRANK REDDICK: By the neighborhood, okay.

06:18:38 Third, let me say this, it's easy for someone who is not

06:18:42 going to be relocated to speak up over somebody that got

06:18:47 relocated.

06:18:47 The last thing I want to say, and it's for the legal

06:18:50 department.

06:18:54 Since this is considered now the best use of that community,

06:19:03 this plan is considered the best use of this community

06:19:09 because of the density level, could we request that the

06:19:16 Planning Commission will make the decision to come back with

06:19:19 an ultimate plan, and keep the density at the same level

06:19:23 that it is currently at?

06:19:24 >>REBECCA KERT: If I understand your question, I think what

06:19:30 you are saying is how would you arrive at a way to keep this

06:19:34 comprehensive plan as it is without this amendment.




06:19:38 >>FRANK REDDICK: Correct.

06:19:40 >>REBECCA KERT: Are the way you would doll that is you

06:19:42 would deny that and after you base it, based upon the

06:19:46 criteria, you reach it based on the criteria that's in your

06:19:51 comprehensive plan and how but review proposed amendments to

06:19:54 it.

06:19:54 >>FRANK REDDICK: Okay.

06:19:59 And by this not being comparable or suitable to the

06:20:09 neighborhood, is that one option?

06:20:18 Or to you, Mr. Chairman, anyone you want.

06:20:20 >> A question to me, sir?

06:20:26 Well, basically the criteria for comprehensive plan

06:20:29 amendment is a fairly debatable standard.

06:20:32 You need to make the determination as to whether this plan

06:20:39 or this request is consistent with the plan as you have

06:20:48 heard from the Planning Commission, but also based on your

06:20:51 criteria as to whether or not it is in the best interest of

06:20:57 the city to allow the land use, the future land use, to

06:21:03 change and to increase density, but that is the basis upon

06:21:06 which you must base your decision, is under the review

06:21:12 criteria, and you must make a finding based on something

06:21:16 that is not arbitrary and capricious, something that you can

06:21:20 actually relate to as to the basis for why you believe it is

06:21:25 in the best interest to not grant the request.

06:21:29 >>FRANK REDDICK: I'm trying to read this information that




06:21:35 was handed out to us.

06:21:39 And to reach that determination.

06:21:41 And that's why I was asking the question.

06:21:43 >>HARRY COHEN: Councilman Miranda.

06:21:47 >>CHARLIE MIRANDA: As I read the legal status of the plan,

06:21:50 and you talk about the plan, the individual talks about, oh,

06:21:56 you must be within the site of 1320 feet or quarter of a

06:21:59 mile, that's 1320 of a transit stop or designated emphasis,

06:22:05 or the subject R-6, R-10 subject to site location within 660

06:22:10 or an 8th of a mile and half the distance of a transit

06:22:13 stop.

06:22:15 Those things are so antiquated.

06:22:17 Now why?

06:22:19 Transit stops are considered buses.

06:22:23 And I haven't ridden a bus since 1964.

06:22:28 I don't know how many people in the audience have ridden a

06:22:30 bus.

06:22:31 But if I was to put up -- and I am not going to ask the

06:22:34 public because I don't want to embarrass, but I am

06:22:39 embarrassing myself.

06:22:40 It's been 52 years since I have ridden a bus.

06:22:43 My kids have never ridden a bus.

06:22:45 My grandkids have never ridden a bus.

06:22:48 And we wanted to talk about transportation, you have to

06:22:50 change it from buses to something else.




06:22:53 Like a light rail, something where people like to move fast.

06:22:57 And they adopt want to wait on a bench.

06:23:01 If all we have is transit stops with maybe six seats in it,

06:23:04 that's not considered a transit stop.

06:23:08 We are living in a modern age with old time fashioned ideas

06:23:13 written into this plan.

06:23:14 Transit stops don't mean anything because no one here rides

06:23:22 a bus.

06:23:24 Buses are a thing of the past.

06:23:29 To a lot of degree.

06:23:30 You have to reenergize.

06:23:32 There's a use for them but you have to reenergize transited

06:23:36 in order to have the buses to work.

06:23:39 And it's not going to happen unless we reenergize something.

06:23:44 And that's all I got to say, Mr. Chairman.

06:23:45 >>HARRY COHEN: Round two.

06:23:51 Councilwoman Montelione.

06:23:52 >>LISA MONTELIONE: There is because we voted on things, Mr.

06:23:55 Reddick that was in my district and I don't think you were

06:23:57 at any of the innovation lines meetings that I was in.

06:24:01 I was called out, Mr. Miranda, and I am going to respond.

06:24:03 >> You might be called again.

06:24:07 >>LISA MONTELIONE: I believe the vote for the Julian B.

06:24:10 Lane Riverfront Park plan passed unanimous -- not passed

06:24:15 unanimously.




06:24:15 I voted no.

06:24:17 The InVision comprehensive plan changes were voted on

06:24:20 unanimously.

06:24:21 We all passed those.

06:24:25 The 2040 plan, we have been agreeing.

06:24:32 Not the Planning Commission, but the Planning Commission

06:24:34 passed unanimously and we appointed the individuals to the

06:24:36 Planning Commission to speak on our behalf.

06:24:39 So every vote we have taken here except for me -- I'm the

06:24:44 only one who voted no -- every vote we have taken here has

06:24:48 been in support of establishing a CRA that was unanimous,

06:24:54 has been a unanimous vote.

06:24:56 To approve exactly the plan, the wheels that have been put

06:25:00 in motion to redevelop this area.

06:25:03 That's why the CRA was created.

06:25:05 And if we are not going to redevelop the area, why did we

06:25:12 create a CRA?

06:25:13 I would like a CRA in North Tampa.

06:25:15 We don't have one in North Tampa.

06:25:17 I pushed for it for three or four or five years, and we

06:25:20 don't have one.

06:25:22 I have got slum and blight in North Tampa.

06:25:25 But we approved the CRA in this part of town, means we are

06:25:30 hoping that someone would come in and redevelop.

06:25:33 We have got somebody who has come in to take that first




06:25:36 step, and the first time to move the CRA forward with the

06:25:42 redevelopment in the right oar under our criteria we are

06:25:47 going to say no.

06:25:50 It doesn't make sense.

06:25:52 All the other votes should have been different if we were

06:25:55 going to say no the first time.

06:25:56 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

06:26:00 And I am not responding to anything anyone says.

06:26:03 I am not questioning anyone's vote.

06:26:04 Never has in 20-some years but I guess you are entitled to

06:26:07 whatever you want to play.

06:26:08 I am a not a tea totaller but under the statement just made

06:26:13 if I take one drink I'm an alcoholic.

06:26:15 If you don't vote one way you're wrong.

06:26:17 And everybody here on this board got elected.

06:26:22 Everyone is entitled to their own vote and their own

06:26:24 feelings.

06:26:24 And at any time you try to suppress someone by doing that, I

06:26:28 feel sorry for you.

06:26:29 Thank you, Mr. Chairman.

06:26:30 >>HARRY COHEN: Thank you.

06:26:33 Anyone else?

06:26:36 All right.

06:26:37 I don't see anyone else.

06:26:38 I do hear a motion to close?




06:26:40 >> So moved.

06:26:41 >> Second.

06:26:41 >>HARRY COHEN: We have a motion to close from Councilwoman

06:26:44 Montelione.

06:26:45 Seconded by Councilwoman Capin.

06:26:47 All those in favor please indicate by saying aye.

06:26:50 Opposed?

06:26:52 All right.

06:26:53 What is the pleasure of council?

06:26:58 Councilwoman Montelione.

06:26:59 >>LISA MONTELIONE: I move item number 6, I move an

06:27:04 ordinance being presented for first reading consideration,

06:27:06 an ordinance amending the Tampa comprehensive plan, future

06:27:10 land use map for the property generally located at -- what?

06:27:15 >>CHARLIE MIRANDA: I am not talking.

06:27:16 I'm asking for the other council member to be present.

06:27:18 >>LISA MONTELIONE: All right.

06:27:21 I'll wait.

06:27:28 Do we have hold music?

06:27:30 >>HARRY COHEN: We closed the hearing.

06:27:35 You can go ahead and read the ordinance.

06:27:37 >>LISA MONTELIONE: Okay, once again I move an ordinance

06:27:40 being presented for first reading consideration, an

06:27:42 ordinance amending the Tampa comprehensive plan, future land

06:27:44 use map for the property generally located at 1120 North




06:27:47 Boulevard, 1002 West Cypress street and 902, 906, 912, 914

06:27:54 north Edison Avenue from residential 35, R-35, to urban

06:27:58 mixed use 60, UMU 60 providing for repeal of all ordinances

06:28:03 in conflict providing for severability, providing an

06:28:04 effective date.

06:28:07 Transmitting the staff report regarding said plan map

06:28:10 amendment.

06:28:11 >>YVONNE CAPIN: I am going to second it.

06:28:15 And I understand what it is.

06:28:21 >>HARRY COHEN: We have a motion from Councilwoman

06:28:25 Montelione with a second from Councilwoman Capin.

06:28:27 All those in favor please indicate by saying aye.

06:28:30 Opposed?

06:28:31 >>FRANK REDDICK: On the motion?

06:28:36 Oh, yeah, I vote no.

06:28:37 >>THE CLERK: The motion carried with Suarez being absent

06:28:42 and Miranda and Reddick voting no.

06:28:44 Second reading and adoption will be on October 6th at

06:28:47 9:30 a.m.

06:28:48 >>HARRY COHEN: Thank you very much.

06:28:52 Item number 7.

06:28:53 >> Jennifer Malone, Planning Commission staff, again.

06:29:11 16-03-B as well.

06:29:16 Land use amendment.

06:29:17 >>HARRY COHEN: May I ask you to please do your best to keep




06:29:24 it down?

06:29:24 Because we are conducting a public hearing here.

06:29:26 Thank you.

06:29:27 >> This is also located in the central Tampa planning

06:29:32 district within the West Tampa urban village.

06:29:37 This amendment was publicly initiated, a small scale at 5.23

06:29:42 acres for residential 35, residential 20, general mixed use

06:29:47 24, urban mixed use 60, community mixed use 35 and

06:29:51 neighborhood mixed use 35.

06:29:52 This amendment was initiated by the City of Tampa staff as a

06:29:57 response to development potential proposed under 16-03-A.

06:30:04 City staff and City Commission staff worked together to

06:30:07 ensure the proposed land uses are compatible and complement

06:30:10 the development patterns proposed under 16-03-A.

06:30:17 This is the subjects site outlined in red.

06:30:20 And then the yellow.

06:30:23 This is the subject site of 16-03-A.

06:30:26 And the red under 16-03-B.

06:30:29 Once again, downtown Tampa, Hillsborough River, University

06:30:33 of Tampa, preparatory school, and then the park.

06:30:40 To the north.

06:30:42 Here are some site pictures.

06:30:46 Cass Street.

06:30:46 North Boulevard is out of range but to the east.

06:30:48 Then downtown Tampa in the background.




06:30:50 The current future land use of this is general mixed use 24

06:30:54 and the site is proposed -- the urban mixed use 60.

06:31:00 This is looking southwest at West Lemon Street and Edison

06:31:05 Avenue.

06:31:08 It is proposed urban mixed use 60 as well.

06:31:11 Finally, this is the church on Cypress Street looking

06:31:16 southeasterly.

06:31:18 Current land uses, residential 35, and they are proposing

06:31:22 neighborhood mixed use 35 for this site.

06:31:28 Here is the future land use map.

06:31:30 As you see, you have the residential 20 in the lighter brown

06:31:33 and R-35 in the darker brown.

06:31:35 A very light color.

06:31:37 Here is the general mixed use 24.

06:31:40 And then this is the proposed indicating the community mixed

06:31:45 use 60 -- excuse me.

06:31:48 For the record, I would like to correct the community mixed

06:31:52 use 35, proposed urban 60 right here, and then mixed use 35

06:31:59 in these colors.

06:32:00 I have a proposed future land use map outlining 16-03-A in

06:32:05 bloc black and B in the pink color.

06:32:13 These have been amended as the proposed mixed use 60.

06:32:16 This future land use amendment if approved would increase

06:32:20 the potential number of dwelling units from 148 to 144,

06:32:25 would increase the nonresidential square footage from




06:32:28 205,000 to over 560,000.

06:32:31 It would also increase the uses medium density -- medium

06:32:37 toking high-density multifamily residential, professional

06:32:40 office and commercial development.

06:32:42 It would also provide between the different land uses

06:32:47 between the urban mixed use and neighborhood mixed use 35.

06:32:51 The City of Tampa found this consistent contingent upon the

06:32:56 approval of 16-03-A.

06:32:59 Once again, it does follow many of the main objectives of

06:33:03 the vision Tampa plan, and staff found this consistent, with

06:33:09 a number of comprehensive plan policies, the comprehensive

06:33:12 plan protects the single-family neighborhood by providing

06:33:16 transition and staff finds the neighborhood mixed use

06:33:19 category is an appropriate category for the location.

06:33:23 This is also consistent with the policies of a vibrant area

06:33:29 and the comp plan also seeks to diversify multifamily

06:33:35 residential areas.

06:33:38 Finally, the Planning Commission recommends the Tampa City

06:33:41 Council find Tampa plan amendment 16-03-B consistent with

06:33:46 the goals, objectives and policies of the comprehensive

06:33:48 plan.

06:33:48 And I'm available for any questions, and the City of Tampa

06:33:51 which is the applicant is available for any questions as

06:33:53 well.

06:33:54 >>HARRY COHEN: Any questions?




06:34:03 Is the city available for comments, questions?

06:34:11 >> Good evening, council members.

06:34:14 LaChone Dock, City of Tampa.

06:34:18 The item before you is 16-03-B.

06:34:24 I would like to direct your attention to the map for the

06:34:26 parcels that are identified in color on this map identified

06:34:29 in red, blue and orange are the parcels under this request.

06:34:34 For the general vicinity of this south of 275, North

06:34:38 Boulevard is located east.

06:34:40 This is North Boulevard.

06:34:41 This is Carmen street, the south border. This is Cass

06:34:47 Street. This is Cypress Street.

06:34:49 So the areas identified in red, the request is for urban

06:34:53 mixed use 60, UMU 60 category.

06:34:58 The areas in blue are requests for community mixed use 35.

06:35:02 The area identified in orange, the request is for UMU 35

06:35:07 neighborhood mixed use.

06:35:08 And what I would like to do is just to show you again the

06:35:12 area under the request for 16-03-A, the companion amendment.

06:35:17 The property identified in green are the properties that are

06:35:21 under that request, to orient you on this map, this is

06:35:25 Cypress Street, and this is west Cass Street.

06:35:29 So just to show you the difference, we came in and the red,

06:35:38 "A" to the south, to the south, and then to the west.

06:35:43 This is a view of the map of the parcel that we are




06:35:48 requesting under this application.

06:36:01 This will show you both.

06:36:04 The green is A.

06:36:07 The red is 60 which is on the request B.

06:36:10 Agenda B.

06:36:11 And the orange is under B.

06:36:13 So on this map, this is cypress street. This is North

06:36:15 Boulevard.

06:36:16 And Cass Street is running east-west, and then this is south

06:36:24 boundary, west Carmen street.

06:36:28 And that concludes my comments.

06:36:29 >>CHARLIE MIRANDA: If I heard right the City of Tampa is

06:36:31 the petitioner in this case?

06:36:34 >>CHARLIE MIRANDA:

06:36:36 >> Correct.

06:36:37 >>CHARLIE MIRANDA: Do we own that land?

06:36:39 >> No, we don't.

06:36:40 >>CHARLIE MIRANDA: Why are we doing it?

06:36:43 Why are we making this effort to rezone the property?

06:36:47 >> We came in.

06:36:50 What happened, we had the additional anymorely.

06:36:56 So the city planning staff looked at the request to see and

06:37:00 proposed a companion amendment with the additional parcel so

06:37:04 what we did was May, in early May sent out letters to the

06:37:08 property owners within the boundaries to notify them of the




06:37:13 request.

06:37:17 And so we haven't received any objection from any other

06:37:23 property owners.

06:37:24 >>CHARLIE MIRANDA: I'm not asking you where objections.

06:37:27 I have never in my years of public service have I seen

06:37:30 something like this.

06:37:31 That's why I am asking the question.

06:37:32 There was a petitioner came just ahead of you, and in any

06:37:37 way did the city have a an agreement or some kind of if you

06:37:42 do this, I am going to do that?

06:37:44 Is that what I am hearing?

06:37:45 >> No.

06:37:46 >>CHARLIE MIRANDA: So the --

06:37:50 >> It will remain under the same ownership.

06:37:53 Maybe the Planning Commission could explain a little more.

06:37:56 >>CHARLIE MIRANDA: Yes, please.

06:38:01 >>DAVID HAY: Planning Commission staff.

06:38:04 The applicant came in for the private amendment.

06:38:08 We as staff -- and this has been done before, Ricotto's just

06:38:16 last year, for example, due to a private applicant coming

06:38:20 in, staff looks at and says is it appropriate to continue to

06:38:26 just look at a subject piece, but there may be opportunity

06:38:30 to further the comprehensive plan, you know, based on the

06:38:36 private request.

06:38:37 So that was this case where we looked at the private




06:38:42 request.

06:38:43 We said, you know, there are opportunities to provide a

06:38:46 better transition westward.

06:38:48 You have got that regional mixed use hybrid where the Tampa

06:38:53 prep school is, you have got the private amendment, and then

06:38:56 in discussion was the city, and then with the property

06:38:59 owners, through the city, it was found this second amendment

06:39:05 would provide for that better transition.

06:39:09 To the single-family detached and the lower density

06:39:12 residential to the west.

06:39:13 >>CHARLIE MIRANDA: Again I have never seen one of this

06:39:18 size.

06:39:18 So if someone was to build a big monstrous building across

06:39:22 from a residential you can say that the residential

06:39:24 neighborhood going four or five blocks could also be changed

06:39:28 under that comprehensive plan if you see that might have a

06:39:30 benefit to somebody?

06:39:32 >>DAVID HAY: Well, one of the main objectives of the comp

06:39:37 plan is to provide appropriate transition between uses.

06:39:41 >>CHARLIE MIRANDA: So then if the comp plan has a line down

06:39:43 the center of the lot, let's say the orange lot there, only

06:39:46 half of that should be -- I am just using that example --

06:39:50 only half of that block should be developed under that

06:39:53 certain category?

06:39:54 >>DAVID HAY: Well, remember, the comp plan, every piece of




06:40:00 land within the city has a future land use designation.

06:40:04 If there was any change that was being proposed, it would

06:40:09 have to come through a rezoning. And that's when we see

06:40:12 greater detail in transitions --

06:40:14 >>CHARLIE MIRANDA: I understand the rezoning part, but away

06:40:19 from the orange piece of property I'm looking at, there was

06:40:22 a center line right there drawn, and you say this is where

06:40:25 it ends, and the center line of that comprehensive change

06:40:30 under comprehensive plan change you can only build half of

06:40:33 that.

06:40:33 The other half you can't.

06:40:34 >>DAVID HAY: You are referring to this?

06:40:39 >> Yes, sir.

06:40:40 Just any one.

06:40:41 Pick any color you want.

06:40:42 The question is the same.

06:40:43 If you have a square block and you say this is the center

06:40:46 after new comp plan change, the center of that block, then

06:40:49 that eastern part or western part or whatever which way it

06:40:55 faces you can develop the other part.

06:40:57 That's a very simple question.

06:40:59 You should have an answer being in your position.

06:41:01 >>DAVID HAY: I mean, they could develop the lots based on

06:41:04 what is approved through zoning.

06:41:06 >> The lot or half a lot under the comp plan.




06:41:08 >>DAVID HAY: Well, that lot is the full block.

06:41:15 That block could be fully developed.

06:41:16 >>CHARLIE MIRANDA: But if the comp plan does not go there,

06:41:20 only goes a half a lot, which half do you develop?

06:41:23 Only the one that falls under the comp plan?

06:41:26 >>DAVID HAY: Well, in this instance it's within an urban

06:41:29 village and there's policy language within the comp plan

06:41:31 that allows greater flexibility.

06:41:33 So if you have one parcel that has two future land use

06:41:36 categories, we would look at the entire parcel, the density

06:41:42 with the other category, and then urban village, that

06:41:47 density can be flexed on the entire site.

06:41:50 >>CHARLIE MIRANDA: Urban village, Indian village, Cuban

06:41:55 village, they are all the same.

06:41:57 Thank you very much.

06:41:57 >>HARRY COHEN: Anyone else?

06:42:06 Is there anyone in the public that would like to speak on

06:42:08 item number 7?

06:42:12 Don't all get up at once.

06:42:14 I don't see anyone.

06:42:15 Is there anything additional from council before we move on?

06:42:19 >>CHARLIE MIRANDA: Second.

06:42:26 >> We have a motion to close by Councilman Maniscalco,

06:42:29 seconded by Councilman Miranda.

06:42:30 All in favor? Opposed?




06:42:33 I'm not really sure where we left off in terms of ordinances

06:42:37 but I will go to Mr. Maniscalco.

06:42:39 >>GUIDO MANISCALCO: Thank you very much, Mr. Chairman.

06:42:42 I have an ordinance being presented for first reading

06:42:44 consideration, an ordinance amending the Tampa Comprehensive

06:42:45 Plan, future land use map for the property generally located

06:42:50 at 909, 911, 913, 1006, and 1008 West Cypress street, 1002,

06:42:58 1007, 1010, West Lemon Street, 910, 1001, and 1010 west Cass

06:43:06 street and 707, 711, 903, 095 and 907 north Delaware Avenue

06:43:12 from residential 35 to urban use 60 UMU 60 providing for

06:43:19 repeal of all ordinances in conflict providing an effective

06:43:21 date.

06:43:21 >> We have a motion by Councilman Maniscalco, seconded by

06:43:27 Councilwoman Montelione.

06:43:31 All in favor?

06:43:32 Opposed?

06:43:33 >>THE CLERK: The motion carried with Reddick voting no,

06:43:37 Suarez being absent and Capin being absent at vote.

06:43:40 Second reading and adoption will be on October 6th at

06:43:43 9:30 a.m.

06:43:44 >>HARRY COHEN: Thank you very much.

06:43:47 Item number 8.

06:43:47 >>DAVID HAY: Planning Commission staff.

06:43:52 I have been sworn.

06:43:53 The next plan amendment is map amendment 16-05.




06:44:03 The subject site is located along Florida Avenue in the

06:44:07 university planning district.

06:44:09 >> Excuse me, go ahead.

06:44:18 >>DAVID HAY: The request is a privately initiated map

06:44:23 amendment, approximately .24 acres of a larger .66-acre

06:44:31 site.

06:44:32 The request, the subject site is designated residential 20.

06:44:38 That portion of the subject site.

06:44:40 And the applicant is seeking the portion of the back of the

06:44:46 subject site to be changed to that community commercial 35.

06:44:51 Here we have an aerial.

06:44:52 We are looking north of Florida Avenue.

06:44:55 We have got Waters Avenue to the south.

06:44:57 You can see basically Florida Avenue has a number of

06:45:00 commercial uses, auto related uses, and restaurant uses.

06:45:08 Then to the west and also to the east, basically off the

06:45:13 corridor, you have got a mixture of duplexes and

06:45:17 single-family detached, and even some smaller multifamily

06:45:21 uses.

06:45:23 Here we have an existing land use map based on the property

06:45:26 appraiser's designation.

06:45:29 You can see the subject site is commercial, the pink and red

06:45:32 here are commercial uses.

06:45:34 The yellow is single-family detached, while the orange is

06:45:41 duplex uses.




06:45:43 Here we have the adopted future land use map as it is right

06:45:47 now.

06:45:47 You can see the back portion of the site has that

06:45:52 residential 20 future land use designation.

06:45:55 There was a plan amendment recently on the parcel directly

06:45:58 to the north also that you had approved.

06:46:05 This applicant is almost requesting the same.

06:46:08 The difference would be on the one to the north, in the

06:46:14 rear, remains a developable lot based on city standards in

06:46:18 that residential 20.

06:46:20 This would not provide a developable lot in the back portion

06:46:25 of that R-20.

06:46:27 That's really the only difference between the two.

06:46:33 Here we are looking west of the subject site from Florida

06:46:35 Avenue.

06:46:38 An auto sales and leasing business.

06:46:41 Here we are looking south from Florida Avenue at Wood

06:46:44 Street.

06:46:44 North of the subject site.

06:46:46 The subject site is just behind these cars right here.

06:46:52 Then we are looking north from Florida Avenue at Wood

06:46:55 Street.

06:46:55 North of the subject site.

06:46:56 You see the corridor, commercial in character.

06:47:00 Then we go into the residential looking west from Tampa




06:47:03 street, across from the rear of the subject site.

06:47:08 These people are in the back of the subject site.

06:47:11 This is east from Tampa Street at the rear of the subject

06:47:14 site. This is that plan amendment right here that you

06:47:17 previously approved.

06:47:19 And this is the requested area here.

06:47:23 Moving on looking south and east from Tampa Street behind

06:47:26 the subject site.

06:47:29 And then we are looking north and east from Tampa Street

06:47:32 just south of the subject site.

06:47:35 And again looking north from the intersection Tampa Street

06:47:38 and wood street.

06:47:39 You can see there a residential development pattern on that

06:47:43 section.

06:47:44 Here we have the proposed future land use map, if you choose

06:47:49 to approve it this evening.

06:47:51 You can see the entire site with the remaining piece

06:47:54 remaining at residential 20.

06:47:57 The majority of the site would go to that community

06:48:00 commercial 35.

06:48:02 Again, this is for that portion, just a portion that they

06:48:06 are changing currently.

06:48:07 It can be considered for up to four units based on that

06:48:10 residential 20.

06:48:11 And under that residential 20, it does allow for




06:48:14 consideration for neighborhood and general serving

06:48:17 commercial uses.

06:48:18 What would change under the proposed community partial 35

06:48:22 would be additional density, up to 8 units, and then the

06:48:27 allowance for intensive commercial uses, CI uses.

06:48:34 Also you can see the floor area ratio of those types of

06:48:37 buildings also increase.

06:48:40 The Planning Commission has found that the proposed request

06:48:46 is inconsistent with a number of policies.

06:48:49 Those policies include policies related to that sensitive

06:48:52 transition of usage, overall compatibility with surrounding

06:48:57 development patterns, policies related to the city's

06:49:00 commercial corridors, and the promotion of stable

06:49:04 residential areas.

06:49:06 Those specific policies are provided to you within the staff

06:49:09 report of the there was concerns that since the rear of the

06:49:15 remaining residential 20 would not be a buildable lot, and

06:49:18 it could not provide an appropriate transition to that

06:49:21 residential directly to the west.

06:49:27 So the official recommendation of the Planning Commission to

06:49:30 you this evening is to find proposed map amendments

06:49:32 inconsistent with the goals, objectives and policies of the

06:49:35 Imagine 2040 Tampa comprehensive plan.

06:49:39 And that concludes my presentation.

06:49:41 I'm available if you have any questions.




06:49:43 >>HARRY COHEN: Questions of Planning Commission at this

06:49:47 time?

06:49:55 Applicant.

06:50:00 Todd Pressman, 334 East Lake Road, Palm Harbor, Florida.

06:50:04 I do have a Power Point for you if we can go to that,

06:50:07 please.

06:50:07 While we are doing that, I want to introduce you to the

06:50:10 family here tonight. This is Mr. Bruce Quatch and her

06:50:17 mother. This is their property that we have before you this

06:50:20 evening.

06:50:20 So this is family-owned land business, it's worked in

06:50:24 conjunction with property to the north which you approved

06:50:27 about a month and a half ago, approved the zoning just a

06:50:29 couple of weeks ago.

06:50:31 It is used primarily as a preowned vehicle display lot

06:50:34 located in the central northern part of Tampa, and it's

06:50:39 located just north of waters.

06:50:41 This is the site as per the property appraiser that's under

06:50:44 review today.

06:50:45 So we come toll you with a lot of good support.

06:50:47 We did talk to the neighbors.

06:50:48 You can see that we tried to get many of the neighbors in

06:50:52 the immediate area around supporting us.

06:50:55 There are a number of mobile homes.

06:51:00 You can see that in terms of the surrounding abutting




06:51:03 properties, we did talk to neighbors, and we have submitted

06:51:06 a petition for the record in support.

06:51:11 The site which is closer to you in the front is operated

06:51:14 jointly with the property to the north which again this body

06:51:18 approved same exact same use category about a month and a

06:51:22 half ago and you approved the zoning and follow-up.

06:51:25 We would have loved to have brought them in together if we

06:51:27 could have.

06:51:28 And that's pretty much what's been going on with the site

06:51:30 today.

06:51:30 You can see it's pretty.

06:51:32 For vehicle display

06:51:33 This is the site edge.

06:51:35 The Planning Commission indicates this is a very

06:51:38 intensive -- council members know this is a intensive route.

06:51:42 It's no different than what you see up and down Florida

06:51:46 Avenue.

06:51:46 So the current category is residential 20.

06:51:49 We are requesting CC 35 but this is only for a very small

06:51:54 portion of the property.

06:51:54 It's only for about .24 acres.

06:51:58 And you can see in the graphic here, it's just a small part,

06:52:02 actually shows it larger than it is, but again the acreage

06:52:05 is this .24 acres.

06:52:07 Showing you graphic lyrics you approved to the north, and




06:52:11 where today's is, and again it's just 2.24 acres whereby the

06:52:15 changes are sought and it would match exactly what's to the

06:52:19 north and what is approved in recent past.

06:52:26 In support, points in support, there are many for approval

06:52:32 in the past.

06:52:33 We are seeking the same abutting to the north.

06:52:35 One of the staff's basic premises which you.

06:52:38 Heard today is it's rigid and there's that demarcation line

06:52:42 all the way down Florida Avenue as to where intensity line

06:52:45 is.

06:52:46 There's a lot of jiggling and a lot of movement in line, and

06:52:49 as you can see the CI line, commercial intensive does change

06:52:56 and it does move and that's something that we are trying to,

06:52:58 in a sense, match up or work with and work with that

06:53:02 intensity as you look all around Florida Avenue.

06:53:06 The other thing you haven't heard from staff is these first

06:53:09 two parcels, the second one, those are different than

06:53:13 everything to the south.

06:53:14 To the south there's separate ownership so you are not going

06:53:17 to see a precedent, if you want to look at it that way, and

06:53:21 actually runs down to Waters Avenue a couple of blocks.

06:53:24 But the difference to the north where we were a month or so

06:53:27 where we are today is it's one owner going all the way

06:53:30 across the block where to the south it's two separate

06:53:33 owners.




06:53:35 And CC 35, the depth you find across the street goes all the

06:53:38 way across the block.

06:53:39 There have been no problems, been no issues that we have

06:53:42 heard, so certainly on the other side of the street works

06:53:48 fine and that's parted of the historical element of both.

06:53:51 I showed you neighborhood support which we are very proud to

06:53:53 have, and the petitions and signatures are in the file.

06:53:57 We do have a number of policies to look at.

06:53:59 These are some that the staff presented to you and some that

06:54:02 they didn't including policy 22.2.2 that the support

06:54:06 development of state economies in Tampa from poorer

06:54:10 neighborhood, to accomplish it, identify neighborhoods

06:54:12 throughout Tampa, that need additional assistance and there

06:54:15 are a number of employees that work at the site to the

06:54:17 north, and they enjoy walking to their job, and they are

06:54:22 gainfully employed and love the work.

06:54:24 Policy 18.6.1, encourage development of commercial uses in

06:54:32 character or scale with the general look and scale.

06:54:35 Policy 14.1.4 use limited land resources more efficiently

06:54:39 and pursue a development pattern that is more economically

06:54:42 sound, by encouraging in-fill development on vacant and

06:54:45 underutilized sites.

06:54:48 Staff tells you that intensive uses would not fit bull in

06:54:53 reality, it would allow some intensive uses, so to say that

06:54:57 we are going to introduce intensive uses, we feel, is not




06:55:00 correct because some intensive uses could be used on this

06:55:03 site today.

06:55:03 And as your staff told you, you have a criteria in the Tampa

06:55:07 plan that we believe we need.

06:55:09 Criteria one is it meets the intent of the general character

06:55:13 and description of the city's form which is basically

06:55:17 historical development of the neighborhood, and we clear lip

06:55:19 do that, I would take the great liberty to say that you

06:55:22 recognize that on the property north, and we are asking the

06:55:25 same thing to the north and across the street, that line is

06:55:28 very clear throughout the block.

06:55:29 So looking at the zoning line as well, the CI line, we are

06:55:34 following that general intent, the historical nature of the

06:55:39 specific area.

06:55:40 Criteria 2, your city staff says that we meet, which is land

06:55:45 use category, intensity located at least on one side.

06:55:50 I think I beat that horse to death so that's very clear at

06:55:53 this point.

06:55:54 And B, within a quarter mile of designated transited.

06:56:01 And Councilman Miranda of course referred to.

06:56:03 That bull we do meet that criterias a well.

06:56:05 Really in summary, the zoning intense line does shift, only

06:56:10 allows intensive uses, permit per the intensive uses along

06:56:14 the front. This matches it.

06:56:16 We are asking less depth than what you see across the




06:56:20 street.

06:56:20 And outstanding support from abutting and nearby neighbors.

06:56:24 We are happy to answer any questions.

06:56:25 And Mr. Chairman, if I may, I asked Mr. Quatch if he would

06:56:32 make some comments but he was very nervous and asked me if I

06:56:34 would make them.

06:56:35 He put a few words together.

06:56:36 So I will read this on behalf of Mr. Quatch and his family,

06:56:41 his wife and mother.

06:56:43 I wanted to say a few words to you.

06:56:45 One thing I want you toll know that this is not some big

06:56:49 corporation or International company. This is just a very

06:56:51 small piece of property that my family has come to own.

06:56:53 It's something that we again on, something that supports the

06:56:56 family, is a very small business.

06:56:59 This is again Mr. Quatch speaking.

06:57:01 I am here tonight to ask your help and consideration but

06:57:04 mostly help, exclamation point. This is something we still

06:57:07 don't 100% understand, but we have to get approved.

06:57:11 In a one in the neighborhood that we know of is against.

06:57:13 This it's kept very quiet.

06:57:18 Thank you.

06:57:19 Happy to answer any questions you might have.

06:57:21 >>HARRY COHEN: Questions from council members at this time?

06:57:25 We don't see any of the moment.




06:57:27 Perhaps we'll come back to you.

06:57:29 Is there anyone from the public that would like to speak on

06:57:32 this item number 8?

06:57:33 >>CHARLIE MIRANDA: Move to close.

06:57:36 >> Second.

06:57:38 >>HARRY COHEN: We have a motion to close from Councilman

06:57:40 Miranda, seconded by Councilwoman Capin.

06:57:42 All those in favor indicate by saying aye.

06:57:45 Councilman Capin, would you please take item number 8?

06:57:47 >>YVONNE CAPIN: Thank you, Mr. Chair.

06:57:50 I will be glad to.

06:57:52 An ordinance being presented for first reading

06:57:55 consideration, an ordinance amending the Tampa Comprehensive

06:57:57 Plan, future land use map for the property generally located

06:58:01 at 8426 North Florida Avenue from residential 20, R-20, to

06:58:07 community commercial 35, CC-35, providing for repeal of all

06:58:12 ordinances in conflict, providing for severability,

06:58:15 providing an effective date.

06:58:15 >> Second.

06:58:17 >>HARRY COHEN: Motion from Councilwoman Capin, seconded by

06:58:21 Councilman Miranda.

06:58:22 All those in favor please indicate by saying aye.

06:58:25 Opposed?

06:58:25 >>THE CLERK: The motion carried with Suarez being absent

06:58:31 and Montelione absent at vote.




06:58:33 Second reading and adoption will be on October 6th at

06:58:36 9:30 a.m.

06:58:36 >>HARRY COHEN: Thank you.

06:58:37 We are now at our 5:30 public hearings.

06:58:40 Item 9 through 11 are quasi -- quasi-judicial proceedings

06:58:45 requiring witnesses to be sworn in prayer to testimony.

06:58:47 So at this time, anyone who thinks they are going to speak

06:58:51 on any of the remaining items of the evening, 9, 10 and 11

06:58:57 we are opening now but 12, 13 and 14, now is a good time to

06:59:00 get sworn in.

06:59:01 (Oath administered by Clerk)

06:59:14 >>HARRY COHEN: Since it is past 6:00, I would like to

06:59:16 entertain a motion to open the public hearings on items 9

06:59:20 through 14.

06:59:21 >> So moved.

06:59:23 >> Second.

06:59:25 >>HARRY COHEN: We have a motion from Councilwoman Capin,

06:59:28 seconded by Councilman Maniscalco to open the public

06:59:31 hearings.

06:59:31 All those in favor please indicate by saying aye.

06:59:34 Opposed?

06:59:35 All right.

06:59:36 Those hearings are open and we are going to move on now to

06:59:38 item number 9.

06:59:39 >>ABBYE FEELEY: Land Development Coordination.




06:59:44 Item number 9 on your agenda this evening is a request to

06:59:48 rezone, and the request before you is REZ 16-52 located at

06:59:55 808 and 813 North Howard Avenue and 801 and 811 North

06:59:59 Armenia Avenue and 2310 west state street.

07:00:04 The request before you this evening is from CI commercial

07:00:07 intensive to PD planned development, residential

07:00:10 multifamily.

07:00:11 >>DAVID HAY: Planning Commission staff.

07:00:19 I have been sworn.

07:00:20 We start the rezoning portion of this evening in the central

07:00:23 Tampa planning district.

07:00:28 More specifically the West Tampa urban village.

07:00:37 It's within the subject site the of the public recreational

07:00:40 facility is the Villa brothers park located at the southwest

07:00:43 corner much Armenia street and Lemon Avenue.

07:00:46 The park is located less than just 100 feet.

07:00:49 Someone has to walk 800 feet to get to the park because it's

07:00:51 across-walk situation.

07:00:54 So, also, North Howard and North Armenia avenues are

07:00:58 designated transit emphasis corridors.

07:01:01 And the closest Hart bus stop is located approximately 600

07:01:05 feet to the north on cypress so there isn't any transit on

07:01:08 that segment of Armenia or Howard.

07:01:14 Cypress Street, that's served by Hart's route 10 connecting

07:01:18 the subject site to downtown Tampa and the Westshore




07:01:20 business district.

07:01:21 The subject site is also located in a level E evacuation

07:01:27 zone

07:01:27 Onto the aerial.

07:01:29 We have the subject site right in the center.

07:01:35 The site looks familiar.

07:01:36 The armory.

07:01:37 The Jewish Community Center just to the south.

07:01:40 On the other side of the remaining, I guess, armory portion.

07:01:44 Down here.

07:01:45 And then here is the park on the west side of North Armenia

07:01:50 Avenue.

07:01:50 Here is North Howard.

07:01:52 And cypress is up to the north.

07:01:55 You can see that this section is slightly different than

07:01:58 what occurs on either side of Armenia Avenue.

07:02:02 This is more nonresidential development pattern, while to

07:02:05 the east of North Howard and west of North Armenia, you get

07:02:10 into more of that residential development pattern,

07:02:15 single-family detached with some scattered duplexes.

07:02:19 Onto the future land use map.

07:02:22 The subject site and all this red is the community

07:02:27 commercial 35.

07:02:29 The pink to the south is mixed use 35.

07:02:34 To the west we have in the brown color the residential 20.




07:02:38 And then this lighter tannish color, I guess, is the

07:02:41 residential 10.

07:02:43 Overall, the applicant is proposing to develop 198

07:02:48 residential units within a 220,928 square foot multifamily

07:02:54 building with structured parking.

07:02:56 The proposed development furthers the number of objectives

07:02:59 and policies regarding development within the City of Tampa.

07:03:02 The proposed in-fill development will redevelop a number of

07:03:06 existing commercial properties that have been underutilized

07:03:09 for years based on that underlying community commercial 35

07:03:13 future land use category.

07:03:15 That has up to 2.0 floor area ratio and the existing

07:03:19 development is no where near that intensity.

07:03:22 Proposed development will be urban in character and will

07:03:25 utilize the density bonus provision within the development

07:03:28 code.

07:03:28 The comprehensive plan promotes additional density within

07:03:31 the central city neighborhood.

07:03:33 Parking will be provided within a structure internal garage.

07:03:36 There will be integrated into is the T overall structure and

07:03:39 the building will be pedestrian oriented with a main lobby

07:03:44 being provided on north Howard Avenue.

07:03:47 Overall Planning Commission staff did find the overall

07:03:50 development comparable and compatible to the community

07:03:54 commercial 35, and that nonresidential development pattern




07:03:58 occurring in that area.

07:03:59 And based on that Planning Commission staff recommends to

07:04:01 you that plan development be found consistent with the

07:04:06 Imagine 2040 Tampa comprehensive plan.

07:04:09 Thank you.

07:04:10 >> Thank you, David.

07:04:18 As David mentioned, the request before you tonight is for

07:04:20 198 residential multifamily units in a multi-story structure

07:04:27 building with a central structured garage.

07:04:31 There are several waivers being requested.

07:04:34 The first is to allow for payment into the tree trust fund

07:04:37 prior to required trees being planted on-site, 43-inch

07:04:45 trees; second to reduce the required number of loading

07:04:45 berths from two to one; the third is to allow the loading to

07:04:46 occur in more than one continuous maneuver and to allow

07:04:46 maneuvering in the right of way;

07:04:56 Fourth is to reduce the use-to-use buffer along the southern

07:04:59 property line abutting the existing cell phone tower lot and

07:05:03 I'll show that to you.

07:05:04 Some 15 feet with a 6-foot wall, 10 feet with a 6-foot PVC

07:05:09 fence with a perimeter surrounding the cell tower lot.

07:05:14 Last is to reduce the required multifamily green space

07:05:18 requirement from 350 square feet per unit to 136 square feet

07:05:22 per unit for a total waiver of 42,794 square feet.

07:05:29 I will go ahead and show you the site.




07:05:31 The property is 2.83 acres.

07:05:34 And it does encompass a full city block with the exception

07:05:37 of the small cut-out for the cell tower parcel.

07:05:51 David showed you the aerial.

07:05:53 Armenia to the west, Lemon to the south, state to the south.

07:06:00 You do have the armory, and JCC development that is

07:06:05 occurring, brothers park over to the west.

07:06:08 This is the first block before you west of Howard for

07:06:12 redevelopment as multifamily redevelopment that you see

07:06:17 recently.

07:06:18 Over the past couple of years we have done several

07:06:21 applications on the east side of Howard, Lemon, Carmen,

07:06:24 gray, Habana square.

07:06:29 All this would be the east lot --

07:06:32 >>HARRY COHEN: This is not inside the CRA boundaries, is

07:06:34 it?

07:06:35 It's just outside of it, I think.

07:06:38 >>ABBYE FEELEY: I do not believe so.

07:06:39 >>HARRY COHEN: Yes.

07:06:43 >>ABBYE FEELEY: I'm sorry.

07:06:44 Armenia is the western boundary.

07:06:57 This is the zoning atlas shown here.

07:06:59 Property currently CI.

07:07:03 There is RM-16 to the south, and the PD for the Fort Homer

07:07:09 Hesterly armory.




07:07:11 The PD over here was with the place of religious assembly

07:07:15 building, and that was done a few years ago.

07:07:18 This PD over here is five single-family lots.

07:07:21 Three of them have been built.

07:07:23 Two are vacant.

07:07:24 And a host of redevelopment and commercial reutilization of

07:07:30 existing structures along this segment of Howard.

07:07:34 I am going to present to you now the pictures.

07:07:36 I am going to start here.

07:07:40 At the southwest corner, or the northwest corner of Howard

07:07:45 and Lemon.

07:07:46 I am going to come around the block showing you the subject.

07:07:50 And then I'll come around the block showing you the adjacent

07:07:53 properties.

07:07:58 That's the northwest corner of Howard and Lemon.

07:08:04 Now moving west along Lemon, toward Armenia.

07:08:10 Approaching Armenia.

07:08:14 Coming up Armenia now.

07:08:19 This is also from Armenia.

07:08:22 This is at the corner of Armenia and state.

07:08:25 There is the facade that faces state.

07:08:28 Now heading down state towards Howard.

07:08:31 You can see the South Howard there.

07:08:34 That's the small cut-out that's part of the site plan that's

07:08:39 cut out on the site plan before you as well.




07:08:41 This is continuing down state toward Howard.

07:08:47 Approaching Howard.

07:08:51 From Howard.

07:08:53 And now back at that beginning corner on Lemon looking back

07:08:57 south toward the armory.

07:08:59 Again headed down Lemon toward Armenia.

07:09:06 This is the south side.

07:09:11 At Armenia and Lemon, there is Villa brothers on the west

07:09:18 side of Armenia.

07:09:20 This is for the habad that has not been built yet.

07:09:25 This is the northwest corner of State and Armenia.

07:09:29 And now on the north side of State directly across from the

07:09:33 subject headed back toward Howard.

07:09:39 The north side of State headed back toward Howard.

07:09:44 And then the Howard side, those are the two vacant setback

07:09:51 side lots.

07:09:51 These are two houses.

07:09:53 And then south of the site on Howard.

07:10:03 The application before you is 198 residential units on a

07:10:07 2.83-acre site.

07:10:08 As I just showed you, it is surrounded by the family owned

07:10:14 David cigar factory that is currently vacant and special

07:10:18 uses, catering by the family, the JCC to the south and

07:10:24 Beulah brothers to the west as well as single-family.

07:10:27 The project will contain four story multifamily residential




07:10:29 with structurally integrated five level garage located mid

07:10:34 block.

07:10:34 The garage would have access on West Lemon.

07:10:38 The service area is also co-located a vehicular entry along

07:10:45 Lemon.

07:10:46 And I did -- I have a smaller site plan for you to take a

07:10:54 look at.

07:10:55 The building setbacks are proposed as follows.

07:10:59 12-foot north on state, 12-foot south on legal on, 12-foot

07:11:05 west on Armenia, and 20-foot east on Howard Avenue.

07:11:11 Through the KRC process we discussed the building back on

07:11:14 Howard to be respectful of the Davis cigar factory

07:11:18 immediately adjacent to the site to the north.

07:11:22 The proposed maximum height is 352 feet to the top of roof

07:11:26 and 58 feet to the top of the architectural features and the

07:11:30 parking garage.

07:11:31 Based on the proposed number of units, total number of 345

07:11:35 parking spaces are required including guest spaces it.

07:11:39 I'm sorry, including 295 residential spaces and 50 guest

07:11:43 spaces.

07:11:44 A total of 348 spaces are being provided.

07:11:48 The property is in the West Tampa overlay district, and

07:11:51 between two historic landmark structures.

07:11:53 The applicant has committed to comply with all design

07:11:57 standards.




07:11:59 This property has a future land use designation of CC 35

07:12:03 which you all talked about this evening, community

07:12:06 commercial 35, and it allows for consideration of a floor

07:12:09 area ratio up to 2.0.

07:12:14 Once you pass the 1.5, you need a development agreement and

07:12:20 bonus provision.

07:12:21 This project has a proposed F.A.R. of 1.81.

07:12:25 They are asking for a 222,928 square feet.

07:12:29 The three proposed bonus criteria includes the structured

07:12:33 parking, transit stop, enhanced streetscape and entryway.

07:12:38 The associated development is also on your agenda this

07:12:41 evening.

07:12:44 In my staff report on pages 3, 4 and 5, you will find the

07:12:49 findings of Development Review Committee.

07:12:52 From land development, we have some minor modifications we

07:12:56 need made to the site plan.

07:12:59 Including paver entry -- included in the development

07:13:07 agreement -- and there is also a cross section of these that

07:13:11 we have.

07:13:13 This is one of the enhancements.

07:13:15 The contrast to that was these arrows shown in red are all

07:13:21 green space.

07:13:22 As you know, staff has come before you on a couple of

07:13:26 occasions after we did NOHO whereof we did not provide

07:13:30 adequate setback for planting and adequate green space for




07:13:33 planting, and we tried to get a little bit more in this at

07:13:38 the 12-foot setback in order to provide adequate space for

07:13:41 planting in these areas when we have a more urban form of

07:13:46 building.

07:13:49 So we are asking those two modifications be made to the site

07:13:54 plan in between first and second reading, and also that a

07:13:57 cross section of the new wall which is being proposed at

07:14:01 Howard and state and Howard and Lemon also be included on

07:14:04 the site plan.

07:14:06 Urban design had some comments.

07:14:11 They need a notation added that the developer will initiate

07:14:15 the required maintenance use and assumption of risk and hold

07:14:18 harmless agreement.

07:14:19 They need the revised exhibit 4, specialty pavement that I

07:14:23 just showed you, and also colored architectural elevations

07:14:27 for the remaining three sides of the building.

07:14:30 In relation to transportation and natural resources, both of

07:14:33 those departments have a finding of inconsistency.

07:14:37 Transportation -- and Jonathan is here this evening -- has

07:14:41 an inconsistency finding related to the requested reduction

07:14:45 in loading spaces, and also the maneuvering in the

07:14:49 right-of-way.

07:14:53 If it is council's pleasure to approve those two waivers,

07:14:55 they do need a notation added that alternative driveway

07:14:59 configuration on West Lemon was approved via transportation




07:15:03 design exception and the case number.

07:15:07 Lastly natural resources has a finding of inconsistency in

07:15:11 relation to the multifamily green space waiver.

07:15:15 In relation to that, they do not support the waiver, the

07:15:19 plans propose an extensive waiver to the landscaper, 427,974

07:15:26 square feet at the current rate of $8.01 per square foot,

07:15:30 the total in lieu pavement would be $342,780.

07:15:37 In the event that council would grant the green space

07:15:40 waiver, they had two changes that needed to be made in

07:15:43 between first and second reading.

07:15:46 There's one set of trees that is not shown on the plan, and

07:15:49 then secondly, they need notations related to a tree

07:15:53 transplant plan that the developer is proposing for some of

07:15:59 the trees on-site.

07:16:05 Overall staff did find the request inconsistent in reals to

07:16:08 natural resources and transportation, and we are available

07:16:10 for any questions.

07:16:11 >>HARRY COHEN: Thank you very much.

07:16:14 Any questions from council before we move on to the

07:16:17 petitioner?

07:16:18 >>Michael Horner: 14502 North Dale Mabry highway Tampa

07:16:34 363618 and I have been sworn.

07:16:37 Mr. Miranda, you were the motion maker to allow us to come

07:16:41 up first on the agenda after notice issue last month, and we

07:16:44 appreciate that courtesy.




07:16:46 Council, we have been --

07:16:49 >> First on the agenda?

07:16:51 >> We were wondering, at 7:00 to be first and it's still a

07:16:57 privilege.

07:16:57 We appreciate the courtesy.

07:16:59 Tonight we have representative Mr. Jesse WALPES, and Mr.

07:17:05 Lucas Carlos, Mr. Michael gates, with white house group, to

07:17:12 answer any utility engineering questions.

07:17:14 As Abbye said, we have been in this process for a good six,

07:17:17 seven months, and we have worked very, very hard.

07:17:20 To say that staff held our feet to the fair would be an

07:17:24 understatement.

07:17:25 So at that DRC meeting, we had to go back essentially to the

07:17:29 drawing board and redesign this project.

07:17:30 It has not been easy.

07:17:32 But we stepped up to the plate, and we worked with all the

07:17:36 review agencies, and I stand before you tonight with

07:17:39 favorable recommendations.

07:17:40 We are pleased, we worked hard for the finding of

07:17:43 consistency with Planning Commission.

07:17:46 We have, I think, a dressed most if not all of those issues.

07:17:51 Our revisions have been made for the second reading.

07:17:54 Hopefully it will be a second reading.

07:17:56 We have worked hard with staff in the interim period.

07:17:59 Let me go back to what we did between the initial site plan




07:18:03 files and what are now proposing before you tonight.

07:18:09 We reduced 218 to 198.

07:18:14 We increased the open space which essentially was zero and

07:18:17 the first part of the plan, and the first design, to now .62

07:18:23 acres or 27,000 square feet.

07:18:25 We increased the setback as Abbye mentioned of 20 feet on

07:18:29 Howard and 12 feet on the other side elevations.

07:18:32 Reduced the F.A.R. from 2.07 which was the maximum to 1.81.

07:18:38 We also reduced -- excuse me, increased the tree

07:18:43 preservation from zero -- this is an urban density in-fill

07:18:47 project from essentially zero to 56%.

07:18:53 Includes rotating of palms, great extended effort on our

07:18:56 part to work with the city arborist, and now at a 60%

07:19:01 preservation with located palms.

07:19:02 We are pleased we can achieve that.

07:19:06 The elevations, comments from Mr. Fernandez and Mr. Callahan

07:19:10 quite honestly were a little bit harsh.

07:19:12 We took that comment to heart, and we sat back down with our

07:19:17 architects.

07:19:18 We then worked through elevation changes, and revisions to

07:19:21 incorporate some brick veneer into the building structure as

07:19:24 well as banding as well as the arches, and carried that

07:19:27 through dramatically to the entire development, and we stand

07:19:31 before you with their supports in terms of the architectural

07:19:35 elevations.




07:19:37 We also incorporated as Abbye mentioned paver block,

07:19:40 highlights, planning a round the entire site for the

07:19:44 entryway into and out of the building entrance.

07:19:47 No-parking waivers are being sought.

07:19:49 We exceed parking space requirements.

07:19:52 We have all the visitor space accounted for.

07:19:55 And the site plan before you even allows for visitor parking

07:19:58 in the front, which are public parking spaces.

07:20:00 They should be because they are on public streets, Lemon and

07:20:03 State streets.

07:20:05 All access movements are related, restricted to just Lemon

07:20:08 street to the south so those maneuvers are fairly easy to

07:20:11 control, if you want to the go in you take the left, and the

07:20:15 left on Howard. If you want to go southbound Armenia you

07:20:18 take a right out of that garage.

07:20:20 You take a left turn on Armenia.

07:20:22 We comply with all West Tampa overlay design requirements.

07:20:26 We also -- placed all of the stormwater vault under the

07:20:32 building at great expense.

07:20:33 That frees up areas for space internal as well as making

07:20:38 this an outstanding urban in-fill development project.

07:20:41 We have reached out to the CRA advisory committees.

07:20:44 We have reached out to the North Hyde Park, had numerous

07:20:48 meetings with the neighborhood associations, and those have

07:20:50 been very positive, council.




07:20:52 We are pleased that we have been able to meet with them,

07:20:56 review our plans, we have gone through those reductions,

07:20:59 intensity reductions.

07:21:01 We thought that we had unanimous approvals, perhaps being

07:21:05 forthcoming.

07:21:06 I got a letter today from the North Hyde Park alliance that

07:21:09 indicated they had a concern.

07:21:10 This was not a condominium project.

07:21:13 That this is an apartment multifamily development.

07:21:17 Quite honestly, I don't know how to address that because we

07:21:20 are not going to force mortgages on any of the residents.

07:21:23 This has always been planned for a multifamily apartment

07:21:27 rental community.

07:21:29 The Richman Group of Florida that I have had the pleasure of

07:21:32 representing for 15 to 20 years has never done condominiums.

07:21:36 They have always done multifamily developments.

07:21:39 And these are established with rate structures that we think

07:21:45 are reasonable, that people can afford.

07:21:47 It's interesting the dichotomy that the rates are a little

07:21:51 too high for the area.

07:21:53 And then we had comments from the North Hyde Park alliance

07:21:56 that they thought that perhaps we did not establish the

07:22:00 right clientele.

07:22:02 I was shocked to see.

07:22:04 That I don't know how to respond to that except to say this




07:22:07 will be a highly vetted application process.

07:22:10 We hope all those residents that qualify can be certainly

07:22:13 residents of this community.

07:22:15 We encourage that.

07:22:16 This is not subsidized housing.

07:22:21 Those tax credit deals are done by the legislature.

07:22:24 This is solely a market rate development.

07:22:27 I might add this was similar development to the J Square

07:22:32 development project that I stood before you on, I would say,

07:22:35 six months ago, south of Columbus, east of Grady, and came

07:22:38 back in for a follow-up PD and did a 94 unit town home

07:22:41 project to the south.

07:22:42 So that has worked out well.

07:22:44 Richman Group just finished the Aurora development in

07:22:48 downtown City of Tampa and did not require any rezonings so

07:22:51 you are probably familiar with that on a regulatory front.

07:22:54 It's a beautiful project.

07:22:55 This is an ideal transitional parcel.

07:22:58 As Abbye mentioned we are at the epicenter of all these

07:23:02 changes.

07:23:04 We have the Jewish Community Center to the south, Fort

07:23:06 Homerly. It will remain in place, a historical structure.

07:23:11 We have the Samuel Davis cigar factory directly to the

07:23:14 north.

07:23:15 Beautiful structure.




07:23:15 But unfortunately it's in private hands right now.

07:23:18 But I have heard that might be scheduled for some active

07:23:22 participation, redevelopment in the next few years.

07:23:24 We hope that's the case.

07:23:27 We have Cypress Street to the north, the interstate to the

07:23:29 north, Kennedy Boulevard to the south.

07:23:31 These are the only one-way to have that kind of volume that

07:23:34 allow this entire block to actually be developed in a

07:23:38 completely redeveloped opportunity for multifamily

07:23:40 residential units.

07:23:43 We have complete support of the Jewish Community Center, a

07:23:47 letter in the record from them indicating they find it to be

07:23:49 a complementary use.

07:23:51 We have also have support from domain homes who I believe

07:23:54 are also here, the largest volume builder of single-family

07:23:57 homes in the West Tampa area.

07:23:58 We are proud to have their strong support also.

07:24:02 We have a waiver of open space.

07:24:04 Abbye is correct.

07:24:05 We wish we could have more but we have 27,000 square feet,

07:24:09 came up from zero.

07:24:10 And that yields to us a requirement for 342,000-dollar

07:24:17 payment into the tree trust fund.

07:24:18 We offered to take all of those trees and put them right

07:24:21 next door in the Villa Brothers park.




07:24:24 150 feet away.

07:24:25 Makes ideal sense.

07:24:27 That cannot be approved.

07:24:28 So we make the trust fund payment allows.

07:24:33 But that green space that recreational opportunity is 150

07:24:36 feet away on the west side of Armenia.

07:24:38 I expect our residents to take full opportunity of that

07:24:40 amenity.

07:24:45 The ad valorem revenue, council members, I think with the

07:24:49 existing improvement as Abbye mentioned is an assemblage of

07:24:53 five properties, we have warehouses, boat storage, insurance

07:24:56 building.

07:24:57 I think the last research we did a month ago is about

07:25:00 $35,000 ad valorem revenue per year.

07:25:04 After construction and development the ad valorem revenue

07:25:07 increases to 730, to $740,000 ad valorem revenue per year.

07:25:13 If I can go to the overhead briefly.

07:25:16 Council, this is west of the east elevation of Howard.

07:25:26 You can see the incorporation of brick veneer, and based on

07:25:32 the elevation of the cigar factory.

07:25:33 We carried that design theme throughout the elevations.

07:25:36 This is the south elevation on Lemon. This is the north

07:25:39 elevation on state street.

07:25:40 Howard to the east.

07:25:42 And elevation on Armenia Avenue.




07:25:45 You can see the green is the open space now provided.

07:25:49 The courtyard is internal.

07:25:51 Full amenities.

07:25:52 Courtyard internal to the western portion.

07:25:54 This is the sole access.

07:25:56 Ingress and egress into the development.

07:25:58 On the north side actually incorporated eight town home

07:26:02 units.

07:26:04 The stairsteps that go out onto state street to give some

07:26:07 character.

07:26:09 This is the paver brick detail that we have committed to.

07:26:12 All the entryway on the frontages.

07:26:16 We have sidewalk, pedestrian entryway come out to the

07:26:20 right-of-way.

07:26:20 And where will those be?

07:26:22 Again looking north.

07:26:24 All the entryway to the units will be true.

07:26:32 The knee wall detail that Abbye referred to, some people

07:26:36 thought we were doing a 7 to 8 F.W. Woolworth knee wall.

07:26:40 That's not a knee wall, that's an institutional wall.

07:26:46 The tallest part is the column.

07:26:48 Those columns are only five feet 6 inches.

07:26:55 The Jewish Community Center to the south.

07:26:56 8,067,000 square feet.

07:26:58 Community, production, daycare center.




07:27:04 Certainly a catalyst for investment in this neighborhood.

07:27:07 As soon as we saw they were on the books and moving forward,

07:27:10 we sat down with them, looked at their plans, with the same

07:27:14 engineers, compared notes and they are excited to have us on

07:27:16 board for this corridor redevelopment as well.

07:27:21 Council, we have worked hard with staff on the revised

07:27:27 plans.

07:27:28 We have reached out to the greatest extent possible.

07:27:31 Even as late as yesterday and this morning, responses and

07:27:35 traffic study reviews.

07:27:37 Our traffic consultant in speaking with their traffic

07:27:40 consultant in the neighborhood for the last week and a half.

07:27:42 We have shared all of our studies, all of our plans.

07:27:45 We think it's an excellent project for this area.

07:27:48 We appreciate your support.

07:27:50 I am going to ask Jeff if he can come in for just a minute

07:27:54 and speak briefly on the project.

07:27:57 And I will be happy to stand for any questions.

07:27:59 Thank you, Mr. Chairman.

07:28:04 >> Good evening.

07:28:05 My name is Jeff -- with the Richman Group, 477 Rosemary

07:28:12 Avenue West Palm Beach, Florida.

07:28:14 I have been sworn in.

07:28:15 We originally identified this site for a proposed

07:28:18 development.




07:28:19 It's an up and coming potentially awesome area.

07:28:23 The site proximity to I-275 and Kennedy Boulevard makes this

07:28:27 an ideal location for people who work in many different

07:28:30 parts of the area from a community standpoint.

07:28:32 We hope it will bring younger professional demographic in

07:28:37 this area and we believe the development serves as a

07:28:39 catalyst for future development such as after the JCC came

07:28:44 in.

07:28:45 It spurred up to make the investment and jump into this area

07:28:48 as well.

07:28:49 As Mike and Abbye mentioned we completely revamped the

07:28:53 elevations of the building to work with the city and tried

07:28:57 to adjust all the neighborhood groups.

07:28:59 We feel that the changes we made to the elevation to keep

07:29:01 the historic West Tampa overlay feel while also at the same

07:29:04 time providing a brand new high quality residential product

07:29:07 to the area.

07:29:09 The Richman Group has a longstanding relationship with the

07:29:12 City of Tampa.

07:29:13 We have two beautiful projects currently one in downtown,

07:29:16 one in Westshore, as Michael Horner pointed out.

07:29:20 It's because of this long-term relationship with the city

07:29:22 that we see the value in making a $41 million investment in

07:29:26 what we feel is a very high potential exciting new area

07:29:31 coming new area.




07:29:34 We feel that we are proposing a great project in an area

07:29:37 that really could use a great project.

07:29:40 Thank you.

07:29:45 >> We are going to ask you to receive and file this letter.

07:29:50 >>HARRY COHEN: Any questions from the applicant, from

07:29:52 council members, before we go to the public?

07:29:55 I don't see any at this time.

07:29:57 Is there anyone in the public that would like to speak on

07:30:00 item number 9?

07:30:01 >> (off microphone).

07:30:11 >>HARRY COHEN: No, we don't.

07:30:15 McCarthy, Tampa, I have been sworn.

07:30:29 I'm a home builder, expect 23 years in the home bidding

07:30:34 industry, mostly working for big public builders in the

07:30:37 suburban market, and an few years ago went to work for a

07:30:39 local home builder, single-family urban -- single-family

07:30:45 homes.

07:30:45 And one of the areas we were the largest single-family

07:30:50 builder in the city limits.

07:30:52 An area we looked at was north of Kennedy and bringing

07:30:55 families into that area.

07:30:56 We have been successful.

07:30:58 And I just can't imagine a better project to be able the

07:31:03 rest of Howard between Howard and Armenia, that block is

07:31:06 dormant, and to bring in a project like this with the




07:31:11 quality development that the Richman company can do, it's

07:31:14 going to be transitional.

07:31:15 I assure you, you are going to bring in families, bring in

07:31:19 single people, and what happens is they get used to the area

07:31:23 and fall in love with it.

07:31:25 And they are going to fall in love with West Tampa.

07:31:27 I'm telling you, they are going to fall in love with West

07:31:29 Tampa and the proximity.

07:31:32 So it's a no-brainer.

07:31:35 I have never seen -- I have been in Tampa since 1980.

07:31:38 I have never seen a project that will transform an area like

07:31:42 I believe this 186 units will do.

07:31:45 Thank you.

07:31:45 >> Good evening, my name is Blake Frazier, 3002 West

07:32:00 Cleveland Street.

07:32:01 I have been sworn in.

07:32:03 Just like Jim McCarthy said, I believe very strongly in

07:32:08 this project.

07:32:10 I know that they have come a long bay way with the city,

07:32:13 with the design elements.

07:32:17 To go a little bit further on what Jim was saying, and what

07:32:21 Abbye pointed out, was that this is the first development

07:32:25 that's happened west of Howard of this sort.

07:32:31 I see the Richman Group's projects downtown, over in

07:32:36 Westshore, and although they are great urban in-fill




07:32:41 developments, you know, the temporary housing that provides

07:32:47 is not encouraging the potential home ownership and love for

07:32:53 the neighborhoods that Jim McCarthy spoke about no

07:32:58 residential setting like this one would provide.

07:33:02 This is in the heart of Tampa, in the heart of West Tampa.

07:33:06 Some of, I guess, the biggest pride in ownership of

07:33:11 single-family houses.

07:33:13 I see this development as just unbelievable potential for

07:33:17 what it could be for the West Tampa area and the City of

07:33:20 Tampa.

07:33:22 It will bring in young professionals, people who are living

07:33:25 and working in the city to be here long-term.

07:33:29 You know, they are going to put their roots in like Jim

07:33:32 said, and continue to add benefit and value to the city.

07:33:41 I think in closing, the Richman Group has done a great job,

07:33:46 and finding ways to make those waivers that they are asking

07:33:52 for a little less intense, and I would strongly urge you to

07:33:59 consider approving this development.

07:34:01 Thank you.

07:34:01 >>CHARLIE MIRANDA: I just have one question, Mr. Horner.

07:34:06 You spoke begun everything other than the reduction of the

07:34:10 loading space, maneuvering in the right-of-way.

07:34:12 >>Michael Horner: Thank you, Mr. Miranda.

07:34:16 We are requesting the reduction of the loading space because

07:34:19 quite honestly we don't need it based upon our practices.




07:34:23 Our other developments, the two loading spaces simply are

07:34:26 not necessary.

07:34:28 Therefore, add to the waiver.

07:34:31 The maneuvering area has been slightly compress ready.

07:34:34 We worked with Abbye and Jonathan Scott of transportation,

07:34:38 so we have minimized that encroachment into the area.

07:34:41 But it's Lemon street.

07:34:43 It's going to be only for incremental time period,

07:34:47 infrequently, and will not have any impact on the motoring

07:34:50 public because we have on street parking there in any event.

07:34:55 >> So you have no need for loading docks?

07:34:57 >> No, we do, have one loading space but we don't have the

07:35:00 second one is being paved waived.

07:35:03 >> And the loading space is what size?

07:35:07 >>Michael Horner: I want to say 25.

07:35:10 >>CHARLIE MIRANDA: In other words what I am getting at I

07:35:13 don't want to see happening here what's happening in some of

07:35:15 the downtown buildings, in the loading spaces.

07:35:19 30-foot, and the semi is 60-foot so I have half the street

07:35:22 blocked.

07:35:22 >>Michael Horner: I understand.

07:35:26 Our engineered informed me it's 12 feet by 360.

07:35:29 >>CHARLIE MIRANDA: Then you should have no problems with

07:35:33 any street movement of traffic.

07:35:35 >>Michael Horner: And we'll have the same design loading




07:35:38 space as the other two multifamily developments.

07:35:41 >>CHARLIE MIRANDA: Thank you.

07:35:43 >>HARRY COHEN: Anything else?

07:35:44 Is there anyone else from the public that would like to

07:35:46 speak to us about item number 9?

07:35:48 >> Move to close.

07:35:51 >> We have a motion to close from Councilwoman Montelione,

07:35:54 seconded by Councilwoman Capin.

07:35:56 All in favor?

07:35:58 Opposed?

07:35:59 All right.

07:35:59 Councilman Reddick, can you please take this ordinance?

07:36:06 Oh, excuse me, substitute ordinance.

07:36:07 >>FRANK REDDICK: I move a substitute ordinance being

07:36:14 presented for first reading consideration, an ordinance

07:36:16 rezoning property in the general vicinity of 808, 810, A/B

07:36:21 and 812 North Howard Avenue, 80 and 811 North Armenia

07:36:25 Avenue, 2310 west state street and 2315 West Lemon Street in

07:36:30 the city of Tampa, Florida and more particularly described

07:36:32 in section 1 from zoning district classifications CI

07:36:36 commercial intensive to PD planned development, residential,

07:36:39 multifamily, providing an effective date.

07:36:40 >> Second.

07:36:42 >>HARRY COHEN: We have a motion from Councilman Reddick,

07:36:45 seconded by Councilman Miranda.




07:36:47 All those in favor?

07:36:48 Opposed?

07:36:48 >>THE CLERK: Motion carried with Suarez being absent.

07:36:52 Second reading and adoption will be on October 6th at

07:36:55 9:30 a.m.

07:36:56 >>HARRY COHEN: And item number 10 relates to item number 9.

07:37:03 So we will go ahead and hear that now.

07:37:09 Crystal Moore, legal department.

07:37:12 Item 10 relates to rezoning as you just heard, a

07:37:15 redevelopment to allow a bonus density increase. This is

07:37:19 still under the old revision for the density bonus.

07:37:22 They are providing structured parking, a transit stop, and

07:37:26 pedestrian streetscape improvements.

07:37:29 They meet the criteria under the code.

07:37:31 I am available if you have any questions.

07:37:32 >>HARRY COHEN: Any questions from council members?

07:37:37 Councilwoman Montelione.

07:37:38 >>LISA MONTELIONE: I can't wait for those new provisioning

07:37:41 to kick in.

07:37:42 >> This is one of the last two.

07:37:51 >>HARRY COHEN: We are not actually taking action on this

07:37:54 tonight.

07:37:54 We are just going to continue it to the second public

07:37:56 hearing.

07:37:58 Is there anyone, however, that would like to speak to the




07:38:00 public on this item before we go ahead and do that?

07:38:05 I don't see anyone.

07:38:06 >> Move to continue to October 6th at 9:30 a.m.

07:38:14 >>MARTIN SHELBY: I think it probably would be appropriate

07:38:18 to close it and then have it set for second public hearing

07:38:22 on October 6th.

07:38:24 Is that correct, Mr. Crew?

07:38:27 That's what it appears to be.

07:38:31 >>ABBYE FEELEY: Second reading on that -- I mean, if I may

07:38:40 for a moment.

07:38:40 Rezoning requires two weeks in between.

07:38:43 And October 6th --

07:38:48 >>HARRY COHEN: Two weeks from today.

07:38:49 >>ABBYE FEELEY: Thank you.

07:38:51 I was thinking it was September 29th.

07:38:53 (Laughter).

07:38:53 >>CHARLIE MIRANDA: I have been telling you about that Tampa

07:39:00 water.

07:39:00 >>HARRY COHEN: Don't even joke about that.

07:39:03 All right.

07:39:04 Councilwoman Montelione, could you go ahead and make a

07:39:07 motion to close and then we'll go ahead?

07:39:09 >>LISA MONTELIONE: Move to close.

07:39:10 >> Second.

07:39:11 >>HARRY COHEN: Motion to close from Councilwoman




07:39:13 Montelione.

07:39:14 Seconded by Councilman Miranda.

07:39:15 All those in favor?

07:39:17 Opposed?

07:39:17 All right.

07:39:20 Now we can go ahead and continue.

07:39:24 >>CHARLIE MIRANDA: Move the resolution be presented October

07:39:28 6th, 2016 at 9:30 a.m.

07:39:32 >> We have a motion from Councilman Miranda.

07:39:34 Seconded by Councilwoman Montelione.

07:39:36 All those in favor please indicate by saying aye.

07:39:38 Opposed?

07:39:40 All right.

07:39:41 I have been informed by the clerk that we need to take a

07:39:43 five-minute break.

07:39:44 And we will be back with item number 11 at exactly a quarter

07:39:50 of 8.

07:39:52 (Tampa City Council in brief recess).

07:39:57

07:39:59 [Sounding gavel]

07:50:01 >>HARRY COHEN: Ladies and gentlemen, we are going to get

07:50:03 started again.

07:50:05 Tampa City Council is now going to be called back into

07:50:08 session.

07:50:09 Roll call.




07:50:09 >>CHARLIE MIRANDA: Here.

07:50:14 >>FRANK REDDICK: Here.

07:50:14 >>YVONNE CAPIN: Present.

07:50:16 >>HARRY COHEN: Here.

07:50:19 >>GUIDO MANISCALCO: Here.

07:50:21 >>HARRY COHEN: Just a reminder, we have items 11, 12, 13

07:50:26 and 14 that are open.

07:50:27 We are going to move onto item number 11.

07:50:30 >>ABBYE FEELEY: Land Development Coordination.

07:50:35 Item number 11 on your agenda this evening is a continued

07:50:38 public hearing.

07:50:40 This is REZ 16-60 located at 1300 south Dale Mabry highway.

07:50:46 This was before City Council on September 8th.

07:50:49 It is the Starbuck's rezoning.

07:50:52 It came before you with two different options at that time.

07:50:56 One for the preservation of a grand tree, one with the

07:51:01 removal of a grand tree.

07:51:03 The applicant at that time asked for some additional time to

07:51:09 go back to Starbuck's and talk to them about a third option

07:51:14 that would save the 36-inch grand tree and provide the

07:51:20 required 50-foot buffer to the adjacent residential use to

07:51:26 the east.

07:51:29 Just to refamiliarize you with the site.

07:51:34 Dale Mabry, Neptune.

07:51:41 At the time the initial application came before you, you had




07:51:44 a finding of consistency from the Planning Commission based

07:51:50 on the new option that had been presented.

07:51:53 The Planning Commission has found the application

07:51:56 consistent.

07:51:58 I passed out to you the revised site plans as well as the

07:52:01 revised staff report in relation to this application.

07:52:06 There is currently one single waiver that is being requested

07:52:10 before you tonight.

07:52:11 The latest application, and that is a signage waiver.

07:52:16 That would be for signage to be located on the south side of

07:52:19 the building that is not adjacent to a street frontage so it

07:52:23 would not qualify as signage.

07:52:27 That being said, I would like to briefly go over the plan

07:52:34 that is before you tonight.

07:52:38 And that is a little cut-out.

07:52:57 In the pint of time, what was before you the other night has

07:53:01 an option that has come around back here, and therein was

07:53:06 parking here.

07:53:09 What is before you tonight, on option 3, would ask that

07:53:15 those options be removed and that this the option that would

07:53:19 go forward before you.

07:53:23 The queue line has been moved up to the west.

07:53:26 The 50-foot required separation from the adjacent

07:53:30 residential to the drive-through window operation has now

07:53:35 been achieved.




07:53:37 Within that 50 feet, which you are allowed to have, is the

07:53:44 dumpster location and a couple of parking spaces.

07:53:47 These parking spaces would be for employee only.

07:53:51 And these are above the required parking for the project.

07:53:55 The required parking for the project is being satisfied in

07:53:59 this area here.

07:54:04 This scenario was quickly vetted through staff.

07:54:07 It was an expedited review, got in the last Friday.

07:54:10 We have been working with the applicant at the request of

07:54:13 the applicant, contractual obligations to try to have

07:54:17 something before you tonight for your consideration.

07:54:20 There are a couple of modifications that would be required

07:54:24 in between first and second reading would it be the pleasure

07:54:30 of council to entertain this scenario before you tonight,

07:54:32 and that would be for these spaces need to move over to

07:54:36 achieve the 24-foot backout, and the dumpster, staff report

07:54:44 provided to you, there was some discussion about putting

07:54:47 dumpster over here and flipping these spaces over here.

07:54:51 However, based on a conversation the applicant had with

07:54:55 solid waste this evening, or this afternoon, not solid

07:54:58 waste, land development reviewer but solid waste commercial

07:55:02 collection, I believe that Mr. Gradston will speak to that a

07:55:08 little further and not making that adjustment.

07:55:11 That being said, let me go through and just make sure that I

07:55:16 have covered everything that is in the report.




07:55:23 Just one more clarification.

07:55:26 Nothing to the west of that is related to the building site,

07:55:32 that has not changed.

07:55:33 The parking here and here and adjacent to the building and

07:55:38 then this too now would come closer and you would have the

07:55:41 queue back here.

07:55:44 So it looks like there's approximately 12 or 13 cars that

07:55:47 would stack in prayer to getting to here.

07:55:51 Solid waste had concern as to the pinch point and backing up

07:55:55 of the service vehicle in this area.

07:55:57 But I think that we may have some solutions to that, that we

07:56:02 can propose now at first reading, and then confirm with

07:56:06 solid waste in between first and second reading, and in

07:56:09 something comes up, we would have to go back at that point.

07:56:27 Based on our review of the new development scenario 3 which

07:56:32 retains the 36-inch grand tree as well as meets the 50-foot

07:56:35 separation to the single-family residential to the east, we

07:56:41 do find this request consistent and we would ask for the

07:56:43 following modifications in between first and second reading.

07:56:47 The revision of the waiver table, the removal of sheets 1

07:56:51 through 4, which are those other development scenarios, the

07:56:56 switching of the dumpster enclosure, I am going to let Mrs.

07:57:00 Grimes cover that, but I believe that would stay as is on

07:57:04 the plan, and that would be bullets 3 and 4 would not be

07:57:10 considered in your motion.




07:57:13 Add a general note that the call box and menu board shall be

07:57:18 at least 70 feet from the east property line, correct a

07:57:20 setback for the east 75 feet currently listed on the plan as

07:57:24 10 feet, restate that the front yard setback is 45 feet from

07:57:28 the center line of south Dale Mabry, and move the --

07:57:34 relocate the signature block, attach the two building

07:57:37 elevation sheets tote plan and limit the side bar sheet

07:57:40 titled alternative development scenarios.

07:57:44 In relation to natural resources had modifications that they

07:57:53 found option 3 consistent with the grand tree preservation,

07:57:57 they needed the stormwater dimensions, they needed the two

07:58:01 palms on the south portion, 6 fat protection, they needed to

07:58:05 show the credits and debit of the trees, and to label the

07:58:08 employee parking as pervious and indicate pervious material

07:58:11 for the drive-through as optional.

07:58:15 I believe I may have omitted one.

07:58:19 Give me a second.

07:58:22 Transportation needed to show the stacking length

07:58:26 measurements from the menu board to the right-of-way, update

07:58:29 the parking table to correct high density compact and to

07:58:35 move the three employee spaces which I identified for you

07:58:40 further to the east in order to achieve the required 24-foot

07:58:44 backup.

07:58:46 That being said, staff is available for any questions.

07:58:49 >>HARRY COHEN: Thank you.




07:58:55 There are any questions from council before we move on?

07:59:05 I don't see any.

07:59:10 >>GINA GRIMES: Law firm of Hill, Ward, Henderson, 101 East

07:59:13 Kennedy Boulevard.

07:59:14 And we are happy to be back in front of you tonight with

07:59:17 option 3, which I think was the direction that you had asked

07:59:22 that we head in.

07:59:24 I want to begin by putting the site plan on the Elmo.

07:59:28 >>HARRY COHEN: Mrs. Grimes, would you move that up a

07:59:34 little?

07:59:37 There you go.

07:59:37 Thank you.

07:59:38 And maybe a little over to the right.

07:59:40 There you go.

07:59:50 >>GINA GRIMES: I want to begin by pointing out that have

07:59:52 been we now with option 3 meet or exceed all the current

07:59:56 standards with the exception of the waiver for the sign on

07:59:59 the southern elevation of the building.

08:00:02 That includes the special use standards for the

08:00:04 drive-through wind-

08:00:06 We now meet the 50-foot set back, 50 feet from the eastern

08:00:10 property line.

08:00:12 In fact we are actually 60 feet is where the queue Lane

08:00:15 starts.

08:00:16 So we meet code in that respect.




08:00:18 We also comply with the tree and landscape code.

08:00:21 We are now preserving the 36-inch grand tree in the middle

08:00:24 of the site in the rear.

08:00:26 We comply with the parking requirements.

08:00:28 We were required to have 25 parking spaces.

08:00:30 We actually have 28.

08:00:33 But these three on the northeastern corner are for employee

08:00:37 only because of the conflict that is created with the queue

08:00:41 line.

08:00:43 We also are willing to enhance the landscape above and

08:00:46 beyond what the tree and landscape code requires by planting

08:00:51 bamboo around the perimeter of the dumpster in the rear of

08:00:56 the site.

08:00:59 And I contrast that with the existing conditions of the

08:01:01 site.

08:01:02 Remember, currently, there's an 8-foot wall on this eastern

08:01:08 property line.

08:01:08 And right now you have parking that occurs on along that

08:01:14 wall.

08:01:14 In fact that parking is for some of the employees and they

08:01:18 begin work at like 5 a.m. so they are out there early.

08:01:21 You also have this driveway that extends over to Watrous so

08:01:26 you do have trash, solid waste pickup that uses the access

08:01:31 point and comes down to the site at whatever hour they do

08:01:36 the trash pickup.




08:01:37 And because we will be accessing, will be accessing a long

08:01:42 Dale Mabry, the solid waste truck will no longer travel

08:01:44 along that eastern boundary adjacent to the residential.

08:01:53 Also as far as the aesthetics of the building, that's what's

08:01:57 there right now.

08:01:58 As you can see it's in need of a face lift.

08:02:01 The rear of the building is very unorganized.

08:02:05 There are abandoned trailers on the site, trucks parking

08:02:08 wherever -- parking is really not arranged in any particular

08:02:12 fashion, and there is also an abandoned trailer on the site.

08:02:20 We believe the rezoning will be a substantial improvement to

08:02:23 the existing conditions.

08:02:24 Now, the parking.

08:02:26 This was the area that created the conflict that we had to

08:02:29 go back and discuss with Starbuck's, and there was a lot of

08:02:32 arm twisting that went on with this because Starbuck's

08:02:34 wanted 30 spaces on-site, and as we discussed at the last

08:02:38 hearing, they are very particular about their stores,

08:02:42 especially when it comes to queuing and especially when it

08:02:45 comes to parking.

08:02:46 So as I said previously, not only are we trying to work with

08:02:49 the city staff and all the reviewing agencies including the

08:02:53 Planning Commission, but we also had to comply with the

08:02:56 Starbuck's requirements as well.

08:02:58 So Starbuck's wanted 30 spaces.




08:03:00 They consider our site to only have 25 because of the three

08:03:05 spaces being limited to employees.

08:03:07 So as a result the compromise was for the developer J square

08:03:13 to go out and is going to have to go out and obtain some

08:03:16 spaces off-site for some of the other Starbuck's employees.

08:03:23 But we are now no position where we really can't reorient

08:03:26 the site, especially with respect to the trash and the

08:03:30 dumpster in these parking spaces, the dumpster here, these

08:03:35 parking spaces here.

08:03:36 I know that was a comment by solid waste.

08:03:38 But if we have to do that, and we would lose two additional

08:03:42 spaces if we put swap these three space was the dumpster we

08:03:51 will lose two additional spaces and if we lose those two

08:03:54 additional spaces we will lose Starbuck's as a tenant.

08:03:57 We simply can't go any lower in the parking on-site.

08:04:01 Let me address the solid waste.

08:04:03 It is proposed to be located approximately 25 feet from the

08:04:07 rear forgot line but it will be heavily buffered with

08:04:09 15-foot landscape buffer, which is immediately behind it, as

08:04:14 well as the bamboo trees that I mentioned earlier.

08:04:17 I showed you previously a picture of the bamboo that would

08:04:20 be planted.

08:04:21 It would grow probably close to 20 feet tall.

08:04:24 So it would shield or mitigate for any impact to that

08:04:29 residential area.




08:04:31 Also keep in mind Starbuck's trash. On the other hand

08:04:36 restaurants that could otherwise go on this site under the

08:04:38 CG zoning.

08:04:40 They have a lower trash volumes than most restaurants.

08:04:43 A lot of is it cardboard.

08:04:45 In fact, they have a very strong recycling program that they

08:04:49 have at all their stores.

08:04:50 So it isn't the typical restaurant dumpster that you might

08:04:54 find under the typical CG zoning.

08:04:58 As I mentioned, the city would like us to swap the location

08:05:03 of the -- the city solid waste department had a comment when

08:05:06 they reviewed the plan to swap the two.

08:05:09 And their issue was with the solid waste truck pulling in

08:05:13 and backing out, this could be a conflict with the queue,

08:05:17 and that really was the main issue.

08:05:20 The trash is picked up a couple times a week.

08:05:22 We don't know at this stage exactly how often but we would

08:05:26 be willing to mitigate, and we have agreed to -- and I have

08:05:32 actually drafted some language where we would be willing to

08:05:35 add to our site plan in order to avoid any conflict between

08:05:39 the solid waste pickup, and that drive-through queue Lane

08:05:44 the developer will contract with the city for solid waste

08:05:46 pickup at times off peak of the drive-through queue and or

08:05:51 we will have a restaurant employee on-site and present when

08:05:55 a solid waste pickup occurs and they will control the




08:05:57 drive-through queue line tore avoid any conflict with the

08:06:01 solid waste trucks.

08:06:02 And I presented that language to Ms. Feeley tonight, and we

08:06:07 have already set up a meeting with the solid waste

08:06:10 department in hoping if we go forward with first reading

08:06:13 tonight that they will sign off between first and second

08:06:16 reading on that issue.

08:06:19 The last issue that we discussed at the last hearing was

08:06:23 operating hours.

08:06:24 The hours of operation.

08:06:26 And despite our third attempt in discussing this issue with

08:06:29 Starbuck's, they would not agree to limit their hours of

08:06:32 operation.

08:06:33 But I want you to keep in mind that hours of operation is

08:06:39 not a code requirement.

08:06:41 Also, as far as the site is concerned, and how it impacts

08:06:44 the residential area, not only dough we have the queue Lane

08:06:49 60 feet, which exceeds code requirements, the menu board is

08:06:54 130 feet from the residential, and the pickup window is 230

08:07:00 feet from the residential.

08:07:01 So those activities on-site that would typically generate

08:07:06 noise would be quite a distance from the residential on the

08:07:10 eastern boundary.

08:07:12 And then the other thing I would like you to note is that

08:07:17 there are CG uses to be permitted on this site by right that




08:07:20 would generate -- that are a lot more intensive and would

08:07:24 generate a lot more noise.

08:07:26 Just some examples are a hotel or a motel.

08:07:28 You can have a 24 hour restaurant on this site like a Waffle

08:07:31 House or an I-Hop.

08:07:35 Actually the code allows equipment repair, allows a vet

08:07:39 office, allows a kennel, a pharmacy, a gas station, even

08:07:43 minor vehicle repair.

08:07:44 We think that this proposal is much less intense than any of

08:07:49 those, and that we have mitigated above and beyond what the

08:07:52 code requires.

08:07:53 And so with respect to the hours of operation, we think that

08:07:56 we have sufficiently mitigated with all of these other

08:08:03 conditions that we have agreed to.

08:08:05 I would like to close by saying that we have worked

08:08:07 extremely hard in satisfying everyone requests including

08:08:12 Starbuck's, and again it meets or exceeds code criteria with

08:08:16 the exception of the sign on the southern elevation.

08:08:18 City staff has found it consistent, and I'm pleased to say

08:08:22 that the Planning Commission has also, based on this option

08:08:26 3, which was part of their suggestion at the last hearing,

08:08:30 that they also have now found it consistent.

08:08:32 And with that we one request your approval.

08:08:34 >>HARRY COHEN: Thank you very much, Mrs. Grimes.

08:08:38 Are there any questions, comments from council members




08:08:42 before we hear from the public on this item?

08:08:45 Anyone here in the public that would like to address council

08:08:48 on item number 11?

08:08:56 We have a motion to close from Councilman Maniscalco.

08:09:00 Seconded by Councilman Montelione.

08:09:02 All those in favor please indicate by saying aye.

08:09:04 Opposed?

08:09:06 All right.

08:09:06 Councilman Miranda, would you please take item 11.

08:09:09 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

08:09:13 File REZ 16-60, an ordinance being presented for first

08:09:18 reading consideration, an ordinance rezoning property in the

08:09:20 general vicinity of 1300 South Dale Mabry Highway in the

08:09:23 city of Tampa, Florida and more particularly described in

08:09:25 section 1 from zoning district classifications CG commercial

08:09:28 general to PD planned development, restaurant with drive-in

08:09:31 window, providing an effective date.

08:09:33 Along with the items that Ms. Feeley put into the record

08:09:39 earlier, along with the conversation that Ms. Grimes put in,

08:09:43 between first and second reading regarding the dumpsters and

08:09:45 any others that were discussed.

08:09:47 >> Second.

08:09:48 >>HARRY COHEN: We have a motion from Councilman Miranda,

08:09:51 seconded by Councilman Maniscalco.

08:09:54 All in favor?




08:09:55 Opposed?

08:09:55 >>THE CLERK: The motion carried with Suarez being absent.

08:09:59 Second reading and adoption will be on October 6th at

08:10:01 9:30 a.m.

08:10:02 >>HARRY COHEN: Thank you very much.

08:10:04 We are going to move on now to our 6:00 public hearings.

08:10:07 It's 10 after 8 so we are not doing too bad.

08:10:11 Item number 12 is our public hearing regarding city's

08:10:15 citizenship participation plan.

08:10:17 It is a non-quasi-judicial proceeding.

08:10:19 >> Vanessa McCleary, community management director for the

08:10:31 City of Tampa.

08:10:32 What we are presenting is the citizen participation plan

08:10:35 which is a plan that outlines how we will involve the

08:10:39 community in why use of the grand funds.

08:10:43 The city is a retirement community that service CDBG, HOME

08:10:51 dollars from the federal government and the plan just

08:10:53 outlines how we will didn't those funds and how we will

08:10:56 involve the public in the use of those funds.

08:10:59 And so at this point what we are doing is opening up the

08:11:01 public comment period on the document which just talks about

08:11:06 where different documents will be available, and the

08:11:08 properties that we will use R.

08:11:11 >>HARRY COHEN: Are there any questions for Mrs. McCleary

08:11:14 before we go to public comment on the citizenship




08:11:17 participation plan?

08:11:18 I don't see any questions at this time.

08:11:20 Is there anyone from the public that would like to being

08:11:22 address council on item number 12?

08:11:26 Part of the public hearing.

08:11:33 Motion to close by Councilwoman Montelione, seconded by

08:11:36 Councilman Maniscalco.

08:11:38 All in favor?

08:11:39 Opposed?

08:11:39 All right.

08:11:40 Thank you very much.

08:11:40 >>FRANK REDDICK: [Off microphone.]

08:11:49 >>HARRY COHEN: Actually all the other ones were 5:30, and

08:11:53 this 6:00 one was set for time certain.

08:12:02 In any event, we are to our 6:00 public hearing, items

08:12:07 number 13 and 14.

08:12:08 These are quasi-judicial.

08:12:10 And since a lot of people have comb in just recently, if you

08:12:13 are planning to have speak on item number 13 or 14 and have

08:12:18 not yet been sworn, please take the opportunity now to get

08:12:22 sworn prior to speaking.

08:12:24 So if you haven't been sworn in, pleas stand to be sworn in

08:12:27 at this time.

08:12:28 (Oath administered by Clerk).

08:12:41 >>MARTIN SHELBY: Mr. Chairman, just to inform council that




08:12:45 my understanding is the Mascotte room is open down below on

08:12:48 the first floor and there may be people there who are

08:12:50 watching this who may wish to at some point come up and

08:12:53 testify.

08:12:54 >>HARRY COHEN: Well, it's certainly obvious from the amount

08:12:57 of correspondence we have received and the number of people

08:12:59 that are here tonight that there's a lot of interest in this

08:13:02 matter.

08:13:02 So everyone that needs an opportunity to speak tonight will

08:13:05 have an opportunity, and they will have a chance to be

08:13:07 heard.

08:13:09 With that said, Mrs. Kert, we'll go ahead and begin.

08:13:12 >>REBECCA KERT: I wanted to bring another procedural matter

08:13:16 to your attention.

08:13:18 I know that the petitioner has procedural issues of that

08:13:22 they would like to discuss.

08:13:23 And I know at least one of the representatives for an

08:13:26 opponent does, I don't know who else does.

08:13:28 I don't know if you want to take those issues up when they

08:13:31 come up or set the procedure for the evening at the

08:13:33 beginning.

08:13:33 That's at your discretion.

08:13:35 >>HARRY COHEN: I think we go ahead and set it now so there

08:13:37 won't be any questions about how we are going to proceed.

08:13:39 Why don't we start with the petitioner?




08:13:41 And then we will move on to the other.

08:13:46 >> David Smith, 401 East Jackson Street, from Gray Robinson,

08:13:52 representing Tampa Yacht Club.

08:13:54 What we thought we would do this evening, we have a rezoning

08:13:57 request, a PD, which is a predicate act in order to move

08:14:00 forward with the special use alcohol beverage application.

08:14:04 It probably would make more sense for us to present our case

08:14:07 in chief on each of those issues, and then open it up to the

08:14:12 public participation and those who are pro and con so that

08:14:17 we don't have to have people to stay around for the PD that

08:14:20 have to wait for the SU to speak against.

08:14:22 I think we could facilitate your process, it would allow

08:14:26 everybody to be heard.

08:14:28 They are very much intermingled in terms of the nature of

08:14:32 the activity and I think will find many people speaking to

08:14:35 the issue of the SU application that will also speak to the

08:14:39 nature of the PD application.

08:14:40 So I think it will simplify things in terms of your process.

08:14:45 We all New York you have to vote on the PD first and you

08:14:47 will do that.

08:14:49 You will be instructed by a very capable attorney honor we

08:14:52 think that would be an appropriate way to proceed.

08:14:54 And we think give opportunity for everybody to err heard.

08:14:59 Wee do have a number of people downstairs.

08:15:02 I'm not sure how many because they were outside the door and




08:15:04 in the Mascotte room.

08:15:05 I don't know if you want to the go through that process.

08:15:07 Hopefully they watched on TV and they were sworn in.

08:15:10 >>HARRY COHEN: I would certainly ask that anyone comes up

08:15:13 to speak that hasn't been sworn, identify that fact to us.

08:15:16 But we will intermittently ask if there are additional

08:15:20 people to be sworn in.

08:15:21 Mr. Shelby.

08:15:22 >>MARTIN SHELBY: Thank you, Mr. Chairman.

08:15:23 May I inquire of petitioner how much time they are

08:15:25 requesting to present their case?

08:15:29 >>DAVID SMITH: At this point we have 15 minutes each for our

08:15:31 PD and for our SU.

08:15:34 But we may need additional time in rebuttal as is

08:15:41 contemplated by the rules of procedure that governing City

08:15:44 Council.

08:15:44 So it's kind of hard for me to answer that in abstract.

08:15:47 We would like to try to be as succinct as possible but want

08:15:51 to make sure that you have an opportunity to hear also about

08:15:54 our arguments.

08:15:55 And this is very complicated, as we will a certain during

08:15:58 our presentation in chief.

08:16:00 There's been a lot of let's call it misunderstanding about

08:16:02 what the facts are.

08:16:03 It's very difficult sometimes to unwind that in a very short




08:16:07 period of time.

08:16:07 So if we are going to have an expansion of time for others,

08:16:11 then we may need expansion of time to rebut.

08:16:14 Otherwise we try to stick with our case in chief which is 30

08:16:18 and then our five on rebuttal which is ten.

08:16:20 >>HARRY COHEN: You wanted to speak?

08:16:27 >>LISA MONTELIONE: I did, thank you.

08:16:28 Mrs. Kert?

08:16:29 So what we would do then is open both the PD and the public

08:16:37 for the SU, so they are both open.

08:16:42 We hear from the petitioner statements regarding both, and

08:16:50 we will hear from the public and we will hear from everyone

08:16:52 else on both.

08:16:54 But when we close, we close both hearings, and we just tab

08:16:58 separate votes, one on the PD, one on the SU.

08:17:02 >>REBECCA KERT: Legal department.

08:17:05 Yes.

08:17:05 >>LISA MONTELIONE: You don't need to say your name for the

08:17:09 answer.

08:17:09 >>CHARLIE MIRANDA: I just want to ask the public to leave

08:17:13 exactly how you came, neighbors, friends, and maybe even

08:17:17 relatives.

08:17:18 If you are going to get mad at anyone, get mad at me.

08:17:21 But I want you to stay in your friendship forever.

08:17:26 It's a very short period of time in life.




08:17:29 All that conversation that we have had, I suggest we leave

08:17:31 it at 15 minutes.

08:17:33 But if a councilor representing petition each time we allow

08:17:37 that time, and whatever the opponent counselor is, on the

08:17:41 difference of opinion, they are given the same time. So

08:17:44 that way they we open it for 30 minutes, they may only need

08:17:49 25.

08:17:50 I don't know.

08:17:50 >>HARRY COHEN: I think any grant of additional time will be

08:17:54 by council's vote.

08:17:55 But to provide everyone with due process we need to let

08:17:58 everyone make their argument.

08:17:59 And we will do that certainly.

08:18:01 >> Thank you, my name is Gordon should have, I was going to

08:18:09 make some suggestions.

08:18:12 I am remitting a number of opponents tonight and I think it

08:18:15 would be make sense from an efficiency standpoint and

08:18:18 efficiency standpoint to open both matters like you are

08:18:21 suggesting together, also suggest that the applicant go

08:18:23 first, and then let the proponents go after the applicant,

08:18:26 and then let the opponents go, and then the applicant would

08:18:30 then have the opportunity for rebuttal.

08:18:32 That seems a very fair process.

08:18:35 Otherwise it becomes a very disjointed process, and I also

08:18:39 think it will be a longer process.




08:18:41 I would just ask that you consider that for fair process.

08:18:44 >>YVONNE CAPIN: So it's going to take longer to get to the

08:18:50 procedure than the whole -- (Laughter).

08:18:53 >>CHARLIE MIRANDA: I agree with are some of that.

08:18:56 Some I don't.

08:18:56 There's two sides to this room here.

08:18:58 One the people proponents, one for the opponents and you

08:19:03 take them one at a time.

08:19:04 That's all.

08:19:04 >>FRANK REDDICK: It seems we have a lot of people that want

08:19:11 to speak, and we had a process in a previous meeting that we

08:19:16 make it two minutes per person.

08:19:18 I think there's a whole lot of people downstairs waiting.

08:19:23 We have a whole lot sitting up here.

08:19:25 So I just wanted council, maybe two minutes per person for

08:19:29 public comment.

08:19:31 >>HARRY COHEN: Is that a motion?

08:19:37 Is there a second to that motion?

08:19:38 >>YVONNE CAPIN: I'll second it.

08:19:40 >>CHARLIE MIRANDA: I'll second it for discussion providing

08:19:41 the two attorneys, because I don't want later on in life to

08:19:44 say, well, I want another bite at the apple.

08:19:48 Do you agree with that, sir?

08:19:49 >> I didn't fully hear the discussion, but the one thing I

08:19:53 would suggest is that when I speak, I am going to have




08:19:58 others who speak after me, and it would be, I think,

08:20:02 fundamentally unfair not to let us complete our

08:20:05 presentation.

08:20:07 And so I think -- and that's why I was suggesting this

08:20:10 process.

08:20:11 >>HARRY COHEN: We will do the best we can with that.

08:20:13 The one issue is that oftentimes, we can't control when

08:20:16 people come to the podium.

08:20:18 But we'll do our best to keep the process in order that

08:20:24 people can follow.

08:20:24 >> And I will make sure, Mr. Chair, that you know who is

08:20:29 speaking after me.

08:20:29 I believe it's a matter of fundamental fairness to let us

08:20:32 put our full case forward.

08:20:34 >>HARRY COHEN: Thank you very much.

08:20:35 >>CHARLIE MIRANDA: Mr. Chairman, again, if the petitioner

08:20:38 takes 22 minutes, then the opponent has 22 minutes.

08:20:42 Whether you have one speaker or ten speakers.

08:20:44 You can only give the same amount to each one.

08:20:47 >>HARRY COHEN: With that said let's vote on Councilman

08:20:50 Reddick's motion.

08:20:51 >> Can I be heard on that first, Mr. Chairman? We would

08:20:56 actually prefer the three minutes.

08:20:57 We have many speakers who dedicate add significant amount of

08:21:00 their time to be here this evening.




08:21:02 And many of them will take more than two minutes.

08:21:04 Some of them will take a minute.

08:21:05 But I think for those who have at least three minutes, I

08:21:08 would like to request give them that three minutes.

08:21:11 >>FRANK REDDICK: Sir, you have been dealing with this for a

08:21:13 long time.

08:21:14 Do you mean to tell me those can't speak what they have to

08:21:17 say in two minutes?

08:21:18 >> Many of them will do it in 30 second.

08:21:20 But there are some people that have a little more.

08:21:23 >>FRANK REDDICK: Then there should be no objection to the

08:21:25 two minutes.

08:21:26 >>DAVID SMITH: Well, except for those who have more than two

08:21:28 minutes to speak.

08:21:29 We would like to have them speak.

08:21:30 But if it's the will of the council it's the will of the

08:21:33 council.

08:21:34 >>HARRY COHEN: Is there any other comment on the motion?

08:21:36 We dough have a motion on the floor.

08:21:38 Councilwoman Capin.

08:21:39 >>YVONNE CAPIN: We go with the two minutes, and we if they

08:21:42 want an extra minute we give them the extra minute.

08:21:45 >>HARRY COHEN: With that said let's go ahead and vote on

08:21:47 the motion so we can get started.

08:21:49 All those in favor please indicate by saying aye.




08:21:51 Those opposed?

08:21:52 All right.

08:21:53 Mr. Smith.

08:21:55 Or excuse me, I think we are going to hear from staff first.

08:21:58 Go ahead.

08:21:59 >>ABBYE FEELEY: Land Development Coordination.

08:22:00 I would like 17½ minutes, please.

08:22:05 (Laughter)

08:22:07 Item number 13.

08:22:08 Lucky number 13 on your agenda this evening is REZ 16-54.

08:22:12 Located at 5320, 5321, 5322, Interbay Boulevard, and 5118

08:22:21 south Nichol street.

08:22:23 The request before you tonight is from an RS-60 residential

08:22:27 single-family and RS 150 residential single-family to PD

08:22:32 planned development recreation facility private.

08:22:45 >> Jennifer Malone, Planning Commission staff.

08:22:47 I would like to clarify the Planning Commission only

08:22:49 reviewed the PD.

08:22:50 We did not review the SU petition so I will only be covering

08:22:55 the PD in my brief presentation.

08:22:58 This is located in the South Tampa planning district.

08:23:00 It is in evacuation zone A.

08:23:04 It's located on Interbay Boulevard, south of Gandy

08:23:07 Boulevard, South MacDill.

08:23:10 Here is an aerial.




08:23:11 This is Interbay Boulevard right here.

08:23:14 On Gandy Boulevard, north of the subject site.

08:23:17 The surrounding single-family detached.

08:23:20 And then there's also a public park to the north.

08:23:24 This is the existing land use of the site.

08:23:28 It has three land use categories.

08:23:30 There's a very small sliver of residential 10 in that

08:23:36 orange.

08:23:36 Then the residential 20 in the brown.

08:23:38 And then the recreational in that green.

08:23:41 Then we also have residential 10 in the residential 20 over

08:23:44 here on the side.

08:23:47 The protection of single-family neighborhood in providing

08:23:51 transition is an important component of the comprehensive

08:23:53 plan.

08:23:55 Planning Commission staff highly recommends that the

08:23:57 applicant give careful consideration and recommends the

08:24:03 hours of operation are reasonably determined.

08:24:06 Overall we did find the proposed plan development comparable

08:24:09 and compatible with the uses providing for the appropriate

08:24:12 mitigation of sensitive impact on the surrounding

08:24:14 single-family residential.

08:24:15 I'm available for any questions.

08:24:16 >>ABBYE FEELEY: Land Development Coordination.

08:24:26 The request before you tonight with the zoning from




08:24:29 residential to PD for recreational facility private is to

08:24:34 allow for the expansion of the existing Tampa Yacht Club

08:24:37 facility and for consideration of the associated alcoholic

08:24:41 beverage application.

08:24:43 The 18.77-acre property is located south of Gandy Boulevard

08:24:47 on Interbay.

08:24:48 It is comprised of two parcels.

08:24:50 The western parcel includes the riding stables, riding

08:24:54 track, tennis court, associated tennis center building, and

08:24:58 surface parking, approximately 224 parking spaces.

08:25:03 The eastern part contains the main Yacht Club building,

08:25:06 clubhouse, pool, playground, Marina facility, golf master

08:25:11 score and surface parking approximately 107 parking spaces.

08:25:15 The property is surrounded by single-family residential

08:25:18 along the west and south, Southpointe park to the north and

08:25:22 the Hillsborough bay to the east.

08:25:25 The application seeks approval of the planned improvement to

08:25:30 the existing facility totaling approximately 17,707 square

08:25:36 feet, including clubhouse improvements, and the construction

08:25:41 of the pool.

08:25:42 Pavilion.

08:25:43 If you will allow me for just a moment, and I too have read

08:25:49 some of the articles and heard some of what was on the news.

08:25:53 There's been discussion that there are planned improvements

08:25:55 over in this area.




08:25:57 The planned improvements I just stated to you are in the

08:26:01 pink areas here.

08:26:03 I have calculated exactly the square footages that were on

08:26:06 the plan.

08:26:07 It equals the 17,707.

08:26:11 That's what's shown down in the improvements.

08:26:14 There is to be no new construction on the western parcel.

08:26:19 There is a notation which allows for -- should be existing

08:26:24 buildings be destroyed, for those to be built back in their

08:26:28 current location for their current uses, and no expansion of

08:26:32 those areas or anything less.

08:26:36 Any new construction or new development in this area would

08:26:39 be subject to a rezoning.

08:26:43 No substantial -- there's no construction to take place on

08:26:48 that site.

08:26:50 So the improvement site is outlined, or getting to, would be

08:26:55 on the eastern side as indicated in those areas totaling

08:27:00 that amount of square footage.

08:27:05 There is a proposed relocation of a couple of the

08:27:08 maintenance buildings that are currently on the east side to

08:27:12 the west side.

08:27:14 However, there is no new construction proposed on the west

08:27:16 side.

08:27:17 The property received several special use applications for

08:27:22 the existing facility.




08:27:24 And I have some of those historical ones with me this

08:27:26 evening.

08:27:29 There are included approvals in 1991 for the approval of the

08:27:32 deck, 1992 for clubhouse modification, in 1997 for tennis

08:27:37 courts.

08:27:37 As well as several board of adjustment approvals over the

08:27:41 years in 1983 and 1984.

08:27:44 The property currently has an approval for the sale of

08:27:47 alcoholic beverages through an old state license which is

08:27:51 governed by the 1959 footprint of the building.

08:27:54 In order for the applicant to be approved for a new special

08:27:57 use for alcoholic beverage sales, the zoning must be changed

08:28:00 from the current residential zoning district.

08:28:12 Jennifer just showed you the aerial of the site.

08:28:16 I'll show it to you again here.

08:28:19 Interbay.

08:28:22 Country club Avenue.

08:28:26 Nichol street.

08:28:27 And then Crescent drive to the west.

08:28:30 Ballast Point park.

08:28:34 To the north.

08:28:36 Predominantly, the zoning category on this property is

08:28:40 RS-60, with as Jennifer showed you the exception is the one

08:28:44 sliver in the comp plan that has a lower land use, just one

08:28:49 sliver on the south here is the RS 150.




08:28:54 I will show you some pictures of the property.

08:29:03 Main clubhouse building.

08:29:04 Looking south on Interbay.

08:29:08 On the west side starting up at the north, the riding area.

08:29:14 Coming down south.

08:29:19 South.

08:29:21 Still on the west side.

08:29:25 From the southern-most point looking north of Interbay.

08:29:30 Coming around country club, Nichol.

08:29:35 The west side of the tennis court area.

08:29:40 This is Nichol looking east toward Interbay.

08:29:45 From Nichol looking south.

08:29:48 Toward the western parcel.

08:29:51 From Interbay looking -- yes, looking south.

08:29:59 The corner of Nichol and Interbay.

08:30:06 This is Interbay.

08:30:08 This is the residential just north of Ballast Point park on

08:30:14 the east side there.

08:30:19 The residential just north of the park.

08:30:22 And off the park.

08:30:27 In addition to the limitation on the square footage for the

08:30:30 improvements on the eastern side, the site plan before you

08:30:33 tonight does have a 75-foot vertical construction line that

08:30:37 prohibits vertical construction within 75 feet of all

08:30:41 boundary lines.




08:30:42 And you will see that shown in red on your site plan.

08:30:46 For the western parcel the seatbacks are proposed as

08:30:48 follows: North 7-foot, south 7-foot, west 20 feet, and east

08:30:53 25 feet.

08:30:54 To the eastern parcel the setbacks are proposed as north

08:30:59 zero foot adjacent to the park, south 7-foot, west 15-foot,

08:31:03 and east zero to the water.

08:31:07 The 75-foot setback on both parcels prohibits vertical

08:31:10 construction within 75 feet of the property line.

08:31:13 Therefore, establishing a vertical bidding setback line of

08:31:17 75 feet.

08:31:18 There are existing structures within that area, that

08:31:25 notation, a small quadrant of the barn -- I lost my

08:31:33 highlighter.

08:31:34 It's a small section here.

08:31:36 This section here.

08:31:40 And these maintenance buildings here.

08:31:44 Thank you.

08:31:45 I had it highlighted on another sheet.

08:31:48 But as I stated, there is a standard note on the plan that I

08:31:54 may have used existing facility, if destroyed, they could be

08:31:56 built back in the current locations but those are the only

08:31:59 encroachments into that 75-foot line.

08:32:02 The proposed new construction is occurring outside of that

08:32:07 area.




08:32:08 Pursuant to the existing square footage, the property has a

08:32:14 total of 42,574 square feet requiring a total parking of 213

08:32:20 spaces.

08:32:21 Based on the planned improvement, the required parking for

08:32:25 the site will be 301 spaces by code.

08:32:28 The current site plan illustrates a total of 331 parking

08:32:32 spaces being provided including 7 ADA, 251 standard spaces.

08:32:43 The staff report that was filed before City Council from

08:32:47 staff a week ago, there was -- sorry -- related to the

08:33:02 removal of this tree here.

08:33:06 Because there was no waiver for the removal.

08:33:08 It is a healthy grand tree, 50 inches.

08:33:13 That waiver is being removed.

08:33:15 That tree will not be removed.

08:33:17 That tree will be retained.

08:33:20 Cate Beck with natural resources, our natural resources

08:33:24 manager, was out on the site, did confirm that it is

08:33:28 healthy, and it can be preserved, and the applicant will be

08:33:32 modifying the area of improvement to ensure that this is

08:33:37 retained and adequate protection is given.

08:33:40 I do have a few pictures Cathy took this morning.

08:33:49 Of that tree.

08:33:51 There was, over the years, she said she had gone out, and

08:33:58 they have put feeders and other improvements into the

08:34:02 protective Reid radius of that.




08:34:05 There are some -- I will not use the correct technical

08:34:08 term -- things up in the canopy that can be cleaned out and

08:34:12 given -- the tree can be given some additional help.

08:34:15 So they were out today.

08:34:16 They had a conversation, I believe Mr. Smith will address

08:34:18 that further.

08:34:19 In relation to that waiver, that waiver will be removed from

08:34:24 the site plan and the request.

08:34:29 I did do a new revision sheet this afternoon to address that

08:34:33 modification.

08:34:33 And I will provide that to council at the end of my

08:34:36 presentation.

08:34:38 In relation to land development, I do need my first bullet

08:34:44 was in relation to the tree, since that tree is going to be

08:34:48 saved, that finding would be removed from the report.

08:34:50 I would ask that the waiver table as provided in my staff

08:34:55 report be corrected.

08:34:59 One of the other items in that waiver table -- and I should

08:35:05 go through the waivers.

08:35:08 The first was for the grand tree.

08:35:10 That's going to be removed.

08:35:12 The second was special use criteria for the private

08:35:15 recreation facility, section 27-132-A.

08:35:20 To allow access to a local street for private recreational

08:35:24 facility which has membership outside of the immediate




08:35:28 residential area.

08:35:29 That would be Interbay Boulevard.

08:35:31 And to allow for parking within 25 feet of adjacent

08:35:34 residential.

08:35:35 This would be applicable to parking lot A shown on the plan

08:35:38 and parking lot B.

08:35:41 The third waiver listed there was in relation to some

08:35:46 parking dimensions.

08:35:48 And if I may, my staff report actually has a better picture

08:35:55 of that.

08:35:59 Specifically in the area adjacent to the new porte-cochere,

08:36:04 these spaces here and these would not function if the

08:36:13 improvement was developed this way.

08:36:15 What we are going to do they are not going to ask for the

08:36:17 waiver for these to be deficient spaces.

08:36:20 They are going to add a condition that at the time of these

08:36:23 improvements, that any spaces which do not function to code

08:36:27 would be removed, and that the remaining spaces would meet

08:36:32 code.

08:36:33 I did do a preliminary calculation on the removal of those

08:36:36 spaces, and the site will still be overparked in relation to

08:36:40 what code requires.

08:36:44 So that would be waiver 3, sub A, B and C.

08:36:49 Those would not need to be added between first and second

08:36:53 reading.




08:36:53 The fourth waiver is to allow for the existing shell

08:36:56 parking, shell drive aisles as depicted for park lot A

08:37:00 that's located at the south of the western parcel, to remain

08:37:03 and to allow for a waiver of the required protective radius

08:37:07 for the trees located within that area.

08:37:10 This waiver would be to the existing.

08:37:16 Waiver number 5, section 287-214 to reduce the required

08:37:21 number of loading berths from three to zero.

08:37:23 The sixth is to reduce the required use-to-use buffers as

08:37:27 follows.

08:37:29 The first is to reduce the use-to-use buffer on the western

08:37:32 parcel along the southern property line from 15-foot with a

08:37:35 6-foot concrete masonry wall to 10-foot with a 6-foot chain

08:37:40 link fence, and the second is to reduce the use-to-use

08:37:42 buffer on the east parcel along the southern boundary from

08:37:48 15-foot with a 6-foot concreted wall to 10-foot with a

08:37:51 6-foot concrete masonry wall.

08:37:53 And that is the parking is currently 10 feet back so that

08:37:57 would be the 10-foot.

08:38:01 The 7th to reduce the green space air. In my report

08:38:07 this percentage was less from 20% to -- and we did not have

08:38:13 that finalized because I reviewed the plan and it looked

08:38:17 like they were pretty darn close to the 20%.

08:38:20 They did do the calculations, and they are at 17%.

08:38:24 So it would be from 20 to 17.




08:38:27 However, based on the relocation of those maintenance sheds

08:38:30 and some other things, I believe they were asking this

08:38:33 evening for 20% to 15%.

08:38:38 Waiver number 8 would be to reduce the required vehicle use

08:38:41 area buffer from 8-foot to zero.

08:38:43 This is only -- the existing area right here.

08:38:52 That 606 feet right there would be required in 8-foot buffer

08:38:56 in the existing condition has zero.

08:38:57 So that is waiver number 8 there.

08:39:01 And then lastly, waiver number 9 would be to allow for the

08:39:05 dumpster to remain in the existing location, and subsequent

08:39:11 relocation of the dumpster to a location within parking lot

08:39:14 B.

08:39:15 That would meet current code requirements.

08:39:29 In the report on pages 4, 5 and 6 are the findings from Land

08:39:34 Development Coordination, natural resources, and

08:39:38 transportation.

08:39:40 Land development, I just have some site plan modifications

08:39:43 that needed corrections.

08:39:45 I have reviewed those with the applicant in relation to the

08:39:48 grand tree.

08:39:49 Like I said, that's going to be removed.

08:39:53 And they just needed some other corrections to the parking

08:39:58 table, than the fence types and a couple of conditions I

08:40:04 asked be removed that either were incomplete or didn't make




08:40:09 sense in relation to the land development regulations.

08:40:15 Natural resources had a finding of inconsistency in relation

08:40:18 to the tree, now that the tree is being saved that finding

08:40:21 of inconsistency is being removed.

08:40:25 I spoke with both Cathy Beck and Mary Daniel Bryson today.

08:40:29 They do have a couple modifications in between first and

08:40:33 second reading.

08:40:33 Those are the four bullets on page 5.

08:40:36 And transportation needed -- they needed two more waivers in

08:40:45 relation to these five spaces over here.

08:40:54 However, if those five spaces are removed, they would not

08:40:59 need the backup waiver for those spaces.

08:41:02 And I believe it is the intent to remove those spaces, and

08:41:05 the site would still be overparked because they are required

08:41:10 301 and they have 331.

08:41:13 And lastly, transportation needed the driveway down on this

08:41:20 side to just actually show the apron on the plan for that

08:41:25 area.

08:41:27 Also, the sidewalk in lieu, there is a note on the plan

08:41:33 asking for a payment of in lieu for the squawk, and on

08:41:39 Interbay the plan, because there is a sidewalk on the east

08:41:41 side of inter bay, and given the large number of trees on

08:41:44 the west side of Interbay, they are asking for a finding of

08:41:48 impracticality by the council to pay fee in lieu for the

08:41:52 sidewalks on the west side of inter bay, and then on Nichol.




08:42:01 That being said, I think that is the staff findings from

08:42:04 land development, transportation, and natural resources.

08:42:08 On pages 8, 9 and 10, we did evaluate the PD criteria, and

08:42:13 did find the request to be consistent.

08:42:16 >>HARRY COHEN: Do council members have any questions for

08:42:22 Mrs. Feeley?

08:42:24 Councilwoman Montelione.

08:42:25 >>LISA MONTELIONE: I do.

08:42:26 I'm sorry, Mrs. Feeley, I was writing everything down or

08:42:28 trying to keep up with you here.

08:42:31 On waiver number 7, the green space was reduced from 20% --

08:42:39 I don't have the blank number.

08:42:40 What is that number?

08:42:42 >>ABBYE FEELEY: It's going to be 15%.

08:42:44 The calculation right now on-site, it has 17%, which I

08:42:50 thought they were pretty close to the 20 based on existing

08:42:53 conditions.

08:42:55 But when they moved those maintenance sheds and some other

08:42:58 things, they wanted the 5% request.

08:43:02 >>LISA MONTELIONE: I just didn't write it down when you

08:43:05 said it.

08:43:05 Thank you.

08:43:06 >>ABBYE FEELEY: Okay.

08:43:07 >>HARRY COHEN: Ms. Moreda.

08:43:12 >>GLORIA MOREDA: Land development.




08:43:14 The report on AB 2-16-18.

08:43:18 The request is for a large venue beer, wine, liquor,

08:43:23 nonprofit, private club, on premises consumption only.

08:43:27 Within the use being private recreation facility.

08:43:31 As Ms. Feeley said, they are currently licensed as an 11

08:43:38 seat and it just the clubhouse building, the 1959-foot,

08:43:44 approved for alcoholic beverage sales.

08:43:46 The proposal before you is for 13 .44 acres of an AB sales

08:43:51 area.

08:43:53 The parking, I believe it's now going to be 301.

08:43:57 It will be consistent with the PD site plan.

08:44:00 The proposed hours of operation are indoor AB area

08:44:06 consistent with chapter 14.

08:44:08 They are indicating that the outdoor area Monday through

08:44:12 Thursday until 12 a.m., Friday and Saturday until

08:44:17 12:30 a.m., Sunday until 10:30 p.m.

08:44:24 Except for Gasparilla events, New Years, and a maximum of

08:44:28 two temporary special events that will follow the chapter 14

08:44:34 limitations.

08:44:36 So this is going to be the difference between an indoor area

08:44:40 and the outdoor area.

08:44:43 They are asking for a waiver.

08:44:45 The code requires a distance separation from residential

08:44:48 uses of 1,000 feet.

08:44:51 They are adjacent to residential uses as well as the




08:44:56 institutional use, city park, is basically at a zero

08:45:01 setback.

08:45:02 So it's a reduction from 1 that you feet to zero.

08:45:07 The additional waivers indicating that AB sales should not

08:45:11 be located within parking and loading area.

08:45:13 The boundary that they are showing does have some parking

08:45:17 area in that area.

08:45:20 However, there is a condition on the site plan that

08:45:22 indicates that they will have no consumption or sale of

08:45:25 alcoholic beverages within parking or loading area.

08:45:29 Their AB site plan is divided into three parcels.

08:45:36 It's shown right here.

08:45:38 The western parcel, parcel 1, is 5.5 acres.

08:45:45 No AB sales areas will be within 75 feet to the southern

08:45:49 property line, or 150 feet to the western property line.

08:45:55 Parcel 2, which is the main clubhouse area, is on the east

08:46:01 side of Interbay Boulevard, is approximately 2.5 acres.

08:46:08 Generally no AB sales areas will be within 75 feet of the

08:46:12 northwest or southern property line, except for the eastern

08:46:16 60 feet along the southern property line.

08:46:21 Which is generally right in this area here.

08:46:24 And then parcel 3 is the dock area for another 5.4 acres.

08:46:34 The staff found the request inconsistent.

08:46:37 They failed to meet the distance separation requirements for

08:46:40 residential and institutional.




08:46:44 The staff is also concerned just for the size of the

08:46:48 proposed AB sales area.

08:46:50 They are looking at 13.44 acres, and primarily residential

08:46:57 and quite neighborhood.

08:46:59 Staff is urging the applicant to consider shrinking that

08:47:03 area in parcel 1 around the tennis court building, maybe 20

08:47:10 feet around that building is what I would suggest.

08:47:14 As well as around the equestrian office building here around

08:47:19 this area here.

08:47:22 In terms of parcel B, I would suggest that they commit to no

08:47:28 AB sales areas within 75 feet of the south, north or western

08:47:33 property lines.

08:47:34 In terms of parcel A, which is the Marina area, probably

08:47:39 just the north half of that area.

08:47:43 Pulling it away from where residential uses are.

08:47:48 In terms of noise levels, I know they are subject to the

08:47:51 City of Tampa noise regulations.

08:47:54 But looking at how our standards are for adjusting like the

08:47:59 special restaurant, our code limits amplified sound to no

08:48:03 later than 11 p.m., and given the residential character of

08:48:07 the area, I would suggest that that be placed on as a

08:48:11 condition.

08:48:12 I did identify a number of changes to the site plan that

08:48:16 needs to be done which I think they are agreeable to doing.

08:48:22 In terms of the rest of the report, transportation did find




08:48:28 some concerns, but as long as they are addressing the PD it

08:48:33 should be satisfied in that regard.

08:48:36 The residential uses are adjacent on the south side, Ballast

08:48:42 Point park on the north, and that is really the basis for

08:48:46 our concern for this petition.

08:48:48 If you have any questions.

08:48:50 >>HARRY COHEN: Any questions for Ms. Moreda at this time?

08:48:55 All right, thank you very much.

08:48:58 Applicant.

08:49:00 Your turn.

08:49:01 >> Steve grafting, 1909 south Brookline street, Tampa 33629.

08:49:09 It's a great pleasure that I have the commodore at the Yacht

08:49:16 Club.

08:49:17 Tough two applications before you.

08:49:18 Our advisors are going to be presenting our applications in

08:49:21 much more detail.

08:49:22 But as a quick overview, I would just like to say that we

08:49:25 are preserving our ability to operate as we have for

08:49:28 decades, and then allow some minor enhancements and

08:49:32 renovations of the core facilities.

08:49:35 Our site plan covers everything we have now.

08:49:37 It also asks for approval from some projects, that we

08:49:42 contemplate for the future.

08:49:43 So if it's approved, whatever is on our plan is what we

08:49:46 would be able to do and no more.




08:49:48 We know that because some of our detractors have mentioned

08:49:52 some items and projects that we mate do but in fact none of

08:49:57 those are contemplated by the plans.

08:49:59 And I appreciate Mrs. Feeley mentioning some of the things

08:50:02 that we are not doing.

08:50:05 The plan limits us from doing.

08:50:08 Ballast Point is a treasure to the city. We love it, the

08:50:11 brick streets, the waterfront, the trees.

08:50:13 What he want nothing more than to help preserve the quiet

08:50:17 pastoral beauty of the neighborhood for the club, our

08:50:19 neighbors and the city overall.

08:50:20 For decades and decades the Yacht Club has been a home away

08:50:23 for home for many members, including my parents wedding

08:50:26 reception in 1962, and many other families.

08:50:30 It is, however, also a place that provides a home for

08:50:33 Tampa's signature Gasparilla festival and many of our

08:50:36 members host charity events at the club as well.

08:50:38 So on behalf of our 1400 members, I respectfully ask that

08:50:43 you hear our advisors this evening and a favorably consider

08:50:47 our plan.

08:50:48 With that David Smith.

08:50:55 >>DAVID SMITH: 401 east Jackson street, on behalf of

08:50:59 petitioner.

08:50:59 Grace is assisting us in setting up the easel.

08:51:03 She will also provide you shortly an evidently notebook that




08:51:07 we will track in our presentation so you will have a

08:51:09 notebook that has the summary of the things that I will

08:51:11 cover in brief so that we can try to make sure we expedite

08:51:15 this hearing as much as possible.

08:51:18 The expert res plays will be at the back.

08:51:20 The evidence notebook, I will not read through those or

08:51:24 elaborate on them.

08:51:25 You can see what they are.

08:51:26 See what the experts are and what their curricula vitae

08:51:30 show.

08:51:30 I will indicate we have been working closely with staff.

08:51:33 This project as you may not know has gone probably four or

08:51:38 more iterations.

08:51:39 There's been a lot of back and forth with neighbors in

08:51:42 efforts to accommodate neighbors' concerns.

08:51:43 Some of those accommodations were not acceptable from a

08:51:46 legal standpoint because they dealt with restrictions that

08:51:49 you don't typically address in a PD.

08:51:51 So we appreciate the assistance of staff.

08:51:56 And we agree with the staff report.

08:51:58 We are going to -- we should have one more.

08:52:02 Here it is.

08:52:08 And we are not going to remove a healthy grand tree.

08:52:12 There was some concern regarding whether the grand tree at

08:52:15 issue was not healthy.




08:52:18 But there was a visit today as Abbye described, determined

08:52:22 to be healthy, it will be preserved.

08:52:23 We will redesign that area, the porte-cochere, or we will

08:52:29 also reprioritize our capital, so we will make sure that any

08:52:34 healthy grand tree is preserved on-site.

08:52:36 As you will note if you look in the tree report, the back of

08:52:39 the site plan, there are something like 41 grand trees

08:52:43 on-site, all of which will be preserved.

08:52:45 So the perception as some tried to create that an

08:52:51 aggregation is mistaken, we love the trees, we are going to

08:52:54 preserve the trees.

08:52:55 As a matter of fact as you will see in the background

08:52:57 material, there was a grounds committee for many years that

08:53:01 spent thousands of dollars on arborists and other efforts to

08:53:04 preserve the trees.

08:53:05 There's a grand tree at the front entrance that has

08:53:08 struggled because it's old and is a difficult environment.

08:53:10 But we have spent money to preserve that.

08:53:12 So the idea that somehow we are not alert to the

08:53:15 significance of the tree canopy is simply a mistake.

08:53:20 As Steve has indicated we are really simply trying to

08:53:23 memorialize the activities that we currently conduct

08:53:26 on-site, conditions as you will note in the site plan

08:53:30 specifically limit it to a private recreational use.

08:53:34 Some speculated that we are building the Amalie arena south.




08:53:38 I cannot fathom with such a concept that has been generated.

08:53:42 But that's the sort of thing that when people get upset they

08:53:45 say.

08:53:45 You will note in the comp plan you cannot take an ROS and

08:53:51 create a commercial use without doing a comprehensive plan

08:53:54 amendment.

08:53:54 So it's not even possible.

08:53:57 Additionally, the site plan itself says it will be limited

08:54:00 to private recreational use.

08:54:03 The liquor license is an 11-C can only be used for private

08:54:08 use.

08:54:09 We are not for profit entity with a 5:01 C 7 so the concept

08:54:16 that we are somehow doing that is just crazy.

08:54:19 We were told we are going to build multifamily residences,

08:54:23 we are going to build CLS, going to build a commercial

08:54:27 center.

08:54:27 None of that is happening.

08:54:28 That has generate add tremendous amount of some of what you

08:54:33 have received from some of the neighbors.

08:54:34 We had an opportunity to meet with various groups of

08:54:36 neighbors.

08:54:37 One of them on a website and expressed their concerns.

08:54:41 When we sat down and talked with them and they hired a

08:54:43 lawyer and we sat down with his lawyer and we explained what

08:54:45 we were doing, the lawyer is Jim Porter, it whats clear that




08:54:50 what they were being told was not what was happening, and we

08:54:53 reached an accommodation and they shut down the website.

08:54:56 You still have other opponents.

08:54:58 You will hear from them tonight.

08:54:59 But you need to know that some of the earlier information

08:55:01 you received was based upon a campaign that I would say was

08:55:04 not accurate.

08:55:06 These are our friends.

08:55:07 These are our neighbors I.want to try to make sure our

08:55:09 rhetoric does not do anything that injuries the potential

08:55:12 conned friendship and relationship.

08:55:14 I notch in the discussions I have had with the opponents

08:55:17 there's been a tremendous amount of respect for the people

08:55:19 who articulated different views and there's been an effort

08:55:23 to accommodate those.

08:55:24 Can't always arrive at a solution that works for everyone

08:55:26 but we will listen and I think we have accommodated most of

08:55:29 them.

08:55:31 I will not address the SU activities because Grace is part

08:55:35 of the tag team and she will address that issue.

08:55:37 But I will come back later to talk about a little bit.

08:55:42 What I want to do is allow sue Murphy, the expert planner on

08:55:46 our team, to describe to you some issues associated with the

08:55:49 planning analysis.

08:55:51 Sue.




08:55:52 >> Thank you.

08:55:57 Good evening.

08:55:57 For the record my name is Sue Murphy, a C and F consulting

08:56:02 group, 150 Euclid Avenue in Tampa.

08:56:05 I'm here tonight to discuss the land use issues requested to

08:56:08 the PD. The Yacht Club is one of the earliest private

08:56:12 recreation facilities established in the City of Tampa.

08:56:14 The single-family homes existing in the area today were

08:56:17 constructed after the club was initially developed, and over

08:56:20 time the area has evolved into a mixed use urban village

08:56:24 providing variety of housing, recreational and limited

08:56:27 commercial uses.

08:56:28 The city's staff has noted in their reported, quote, the

08:56:32 club has historically been part of the fabric of the Ballast

08:56:35 Point neighborhood and community as a whole.

08:56:39 The primary goal of the planned development is to recognize

08:56:41 the existing development and to identify the modifications

08:56:44 to the clubhouse and to relocate the maintenance facility.

08:56:47 The Planning Commission discussed the land use categories on

08:56:50 the site previously, and I won't go through those again.

08:56:53 All of the fought land use categories contained within the

08:56:56 property on the PD permit private recreation facilities.

08:57:00 The comprehensive plan contains the land use category matrix

08:57:03 that identified the intensity and intensity from the fought

08:57:07 land use category as well as other considerations and key




08:57:11 characteristics of those categories.

08:57:13 Proposed PD is consistent with the land use category matrix

08:57:16 each of the different future land use categories contained

08:57:19 on the site.

08:57:19 The R-20 designation which is where most of the development

08:57:23 is permits an F.A.R. .35.

08:57:26 The total F.A.R. of the preponderance of the evidence

08:57:28 including the future expansion is .12 which is well below

08:57:32 the .35 F.A.R.

08:57:35 I concur with the staff report from the Planning Commission

08:57:38 finding that the PD request is consistent with the overall

08:57:41 plan as well as numerous specific goals, objectives and

08:57:44 policies cited from that report.

08:57:46 The staff report also notes that the maximum development

08:57:48 potential of the site based on the land use planned

08:57:51 categories there are is 341 dwelling units or 375 -- 875

08:58:01 square feet of nonresidential uses under the existing land

08:58:04 use plan.

08:58:06 The PD request does not allow additional dwelling units and

08:58:10 including future expansions of 82,900 square feet.

08:58:13 All of which are private recreation facility uses.

08:58:16 It represents 22% of the allowable development potential

08:58:20 under the comprehensive plan.

08:58:22 I also concur with the city staff report which finds the PD

08:58:26 consistent with the Tampa code of ordinances.




08:58:28 Contrary to arguments made in opposition, this rezoning

08:58:31 request significantly reduces the allowable development

08:58:34 square footage of the site and surrenders residential and

08:58:37 commercial development potential that exists under the

08:58:39 current zoning today.

08:58:41 The majority of the property is currently zoned REZ 60 which

08:58:46 limits a private recreational facility as an S 1 use.

08:58:50 Several other uses as a matter of right.

08:58:52 These uses include single-family homes, small congregate

08:58:56 living and group care, daycare and nursery, temporary film

08:59:00 production, churches and other religious organizations that

08:59:03 include a church, educational facility, administration

08:59:06 building, and sleeping quarters, and the R 20 land use

08:59:10 designation on the site the maximum density of 18 per acre.

08:59:15 The PD request is for a private recreation facility that

08:59:18 does not include any residential or commercial uses. This

08:59:20 provides a guarantee for the neighborhood that use is

08:59:23 permitted under existing zoning district such as

08:59:26 single-family development to not occur and that the facility

08:59:29 will remain a private recreation facility.

08:59:31 The PD also eliminates the need for the S-1 review and

08:59:36 approval, approval of requests waivers from the site will

08:59:39 bring the -- which was developed over several decades and

08:59:42 several differ codes in conformance of now current codes.

08:59:47 Staff also addressed the general standards for PD as well as




08:59:50 the specific standards for private recreation facilities and

08:59:53 found the request consistent with the standard.

08:59:55 With the waivers.

08:59:57 The report states, quote, overall the facility has been part

09:00:00 of the fabric of the neighborhood for over 100 years, since

09:00:03 the original construction in 19005.

09:00:06 This maintains a country club atmosphere and has not

09:00:09 adversely affected property values in the surrounding

09:00:11 neighborhood.

09:00:12 End quote.

09:00:13 All the special uses made over those several decades will be

09:00:17 consistent with private recreation facility.

09:00:19 The buildings of one or two stories that create consistent

09:00:23 with residential uses.

09:00:25 There's 45 feet for an interior portion of the site, but as

09:00:30 Abbye mentioned the PD provides for 75-foot building setback

09:00:34 on all property lines.

09:00:37 The existing property is in excess of code requirements.

09:00:40 The hours of operation of out door activity is being limited

09:00:43 to provide reduced noise levels in the area.

09:00:45 Sidewalks exist along the east side of the Interbay

09:00:48 Boulevard across the entire frontage of the club.

09:00:53 Safety ingress and egress.

09:00:54 Valet parking is provided to reduce any traffic circulation

09:00:57 or parking problems.




09:00:59 Site already has adequate facilities and utilities.

09:01:03 The club has been diligently working with the area residents

09:01:06 and David mentioned, and at a minimum meet all codes and

09:01:11 regulatory requirements for lighting and noise.

09:01:13 Finally it should be noted that the club, the proposed PD

09:01:17 boundary, is approximately one mile of lineal footage, and

09:01:22 of that one mile of lineal footage there is only one

09:01:26 single-family homes that abuts property directly and shares

09:01:28 the 235-foot common property boundary.

09:01:32 Thank you for your time.

09:01:33 That's all my comments.

09:01:35 Thank you.

09:01:39 >>DAVID SMITH: I wanted to briefly pointed out a couple much

09:01:41 conditions that are in the site plan.

09:01:42 Currently some people get confused by what our comprehensive

09:01:46 plan allows and what a zoning legally permits you to do.

09:01:49 I want to make sure we are clear on that.

09:01:50 I want our neighbors to understand exactly what we are

09:01:52 doing.

09:01:53 We are doing what we have been doing, and we are not going

09:01:56 to change that.

09:01:57 There's a modest expansion to accommodate some additional

09:02:00 need for that space.

09:02:01 But if you look at condition number one in the site plan,

09:02:04 and it's in your tab 7, I believe, there's a printout a




09:02:08 little larger, reading the site plan it's difficult, at

09:02:13 least it is for me.

09:02:14 Number one, the permitted use, this is what we can do, will

09:02:17 remain a private recreational facility, as such residential

09:02:21 development including but not limited to multifamily

09:02:24 development shall be prohibited.

09:02:25 The last sentence was added to accommodate a concern by some

09:02:29 of the neighbors, the first group we spoke of, that wanted

09:02:32 to be sure, even though we are private residential doesn't

09:02:36 allow residential, private recreational doesn't allow

09:02:40 residential, we can say the obvious.

09:02:43 We also add a provision that says commercial development is

09:02:45 not allowed either.

09:02:46 Because it isn't.

09:02:48 Number 3.

09:02:49 The planned improvements are as delineated in the remodeling

09:02:53 summary and will be on the site as shown on the site plan.

09:02:57 The site plan governs the use, it governs the location, it

09:03:00 governs the activities.

09:03:02 We can't somehow do something different and take the how

09:03:08 many thousand square feet it is and turn it into Amalie

09:03:11 arena south.

09:03:11 It's going to be used as contemplated.

09:03:14 The barn will be a barn.

09:03:15 The clubhouse will be a clubhouse.




09:03:17 And the tennis and fitness facility will be a tennis and

09:03:20 fitness facility.

09:03:21 I don't know why that concept has been so hard to get

09:03:25 adjusted to but that's exactly what we are doing.

09:03:28 Again in condition 13, the use of all buildings as labeled

09:03:32 on the site plan.

09:03:33 We are committing to what you see on the site plan.

09:03:36 That's what a site plan is.

09:03:37 (Bell sounds)

09:03:38 Also, generated on the property, legally applicable noise

09:03:43 regulations.

09:03:44 We have got to comply with the ordinance.

09:03:46 There's no question about it.

09:03:48 It's not debatable.

09:03:49 It's not optional.

09:03:51 It's the law.

09:03:52 We have to comply with it and we are going to have to do

09:03:54 what we need to do to make sure we comply with it.

09:03:57 It's that simple.

09:03:58 It's not debatable.

09:04:00 We have to comply and we will.

09:04:05 Building setbacks are shown on the site plan.

09:04:07 I also point out that the 75-foot setback was a requirement

09:04:10 asked by neighbors, and we were more than happy to

09:04:12 accommodate them because we are not building anything in




09:04:14 that 75-foot setback because that's not what the current

09:04:17 uses are.

09:04:18 I was going to pass this on to grace now to handle the SU

09:04:22 application to complete our case in chief if that's okay.

09:04:25 I can answer any questions at any time.

09:04:26 >>HARRY COHEN: Are there any questions for Mr. Smith before

09:04:29 we go on to Mrs. Yang's presentation?

09:04:33 >> Thank you very much.

09:04:37 >> My name is Grace Yang.

09:04:41 Lake David Smith I'm with the Gray Robinson law firm, 401

09:04:45 east Jackson street suite 2700 Tampa, Florida 33062 and I

09:04:51 have been sworn.

09:04:52 It's my pleasure to give you the alcohol portion of the

09:04:54 presentation on behalf of our applicant Tampa yacht and

09:04:58 country club.

09:05:00 David, I hope, can help me pass out the notebooks for the

09:05:03 alcohol side.

09:05:05 They are right up there.

09:05:06 And we will didn't those.

09:05:09 I will give you some comfort that it is not as full as Mr.

09:05:14 Smith's is.

09:05:15 I will not go into detailed history of the club.

09:05:17 We will be here all night and nobody wants to be here all

09:05:20 night.

09:05:20 But there are some key things that I do want to specify and




09:05:23 emphasize as part of my presentation.

09:05:27 The clubhouse -- the club was established from 1904.

09:05:32 The clubhouse, the original clubhouse opened in 1905.

09:05:36 And I don't believe there's any dispute that members and

09:05:40 guests were drinking at the clubhouse as early as 1905.

09:05:45 We are aware of license record as far back as September

09:05:51 1945.

09:05:52 And the Yacht Club property was annexed into the city, used

09:05:58 to be parted of unincorporated Hillsborough County, but it

09:06:01 was annexed into the city in 1953.

09:06:08 One of your notebooks provides some introduction and some

09:06:12 background remarks that I have for your consideration to

09:06:14 this effect.

09:06:16 I would like to move on to tab 3 actually and jump over to

09:06:20 tab 3 which talks about the club's dual alcohol and tobacco

09:06:26 license.

09:06:27 As David and others have said already, this is an 11-C state

09:06:32 liquor license.

09:06:33 It allows alcohol consumption on the premises only to club

09:06:39 members and invited guests.

09:06:41 This is not a liquor license for a location that is open to

09:06:45 the general public.

09:06:47 It is a license for a private club with members, and it will

09:06:51 remain so.

09:06:52 And that is our alcohol request.




09:06:55 To continue on as a private members club.

09:07:01 As I also said, the earliest date of the state lay sense

09:07:06 record is September 1949.

09:07:08 The members have been drinking inside and outside of the

09:07:12 country club for decades.

09:07:18 If you go to the second page in tab 3, this is an e-mail

09:07:23 that I received from the Florida department of business and

09:07:27 professional regulation, division of alcoholic beverages and

09:07:30 tobacco, which inspects and regulates businesses that sell

09:07:34 alcohol in the State of Florida.

09:07:36 And you will see in this confirming e-mail from the

09:07:39 department dated today that there has been no enforcement

09:07:44 documents that they have ever seen in this file.

09:07:49 That is extraordinary.

09:07:51 I have been doing alcohol Lou sensing and compliance work

09:07:54 for almost 20 years, and for a licensee to have maintained a

09:07:59 license since September of 19 ha which is when the state

09:08:03 records go back, and to have absolutely no enforcement

09:08:06 documents in their files, is extraordinarily commendable.

09:08:12 Florida does not have a mandatory responsible alcohol vendor

09:08:16 training requirement.

09:08:17 It is voluntary here in the State of Florida for businesses

09:08:20 to train their servers and their bartenders in the

09:08:25 responsible service of alcohol.

09:08:27 I commend the Tampa yacht and country club because they do




09:08:30 train their servers and their bartenders.

09:08:33 They participate in the national restaurant association

09:08:37 program which, and there are materials in tab 7 of your

09:08:43 notebook that give you more background information about the

09:08:46 serve safe training program.

09:08:48 It's a well respected alcohol training program available in

09:08:51 Florida and other states.

09:08:56 If you go to tab 4 in your notebook, this is where I

09:08:59 discussed the separations on the waivers.

09:09:01 As Ms. Moreda stated, we do require two waivers, because we

09:09:08 have first within a thousand feet an institutional use,

09:09:11 which is Ballast Point park to the north.

09:09:14 And the second distance waiver that we need is because we do

09:09:17 have residential property within a thousand feet and that is

09:09:22 to the south on parcel 2.

09:09:25 However, I ask council to bear in mind that the 1,000 foot

09:09:30 separation requirement for distances between alcohol uses

09:09:34 and residential and institutional uses came into effect far

09:09:39 later than the establishment of the club.

09:09:43 Remember, the club has been there since 1905.

09:09:47 The clubhouse.

09:09:48 And the use of the private club has been there since.

09:09:52 The 1,000 fat separation requirement came much later.

09:09:55 And so the residential neighborhood and the park has grown

09:10:01 and developed around the club through the years, and the




09:10:04 club was originally there, it was farm land, and grazing

09:10:09 pasture, from what I understand.

09:10:11 And now you have a full vibrant community and full vibrant

09:10:17 neighborhood in the area.

09:10:19 Further protection with buffers around parcels 1 and 2.

09:10:22 Let me talk about that.

09:10:23 On parcel 2, we are respectfully requesting a buffer area

09:10:32 that looks like this.

09:10:34 We have a 75-foot buffer for alcohol sales and consumption

09:10:38 on the north side here, on the west side we have another

09:10:42 75-foot buffer.

09:10:44 And on the south side we also have a 75-foot buffer, except

09:10:48 for this area which is where the playground is currently

09:10:53 located.

09:10:55 We are respectfully disagreeing with staff's request to

09:10:59 extend the 75-foot buffer over there.

09:11:02 We would like to request that the playground remain in the

09:11:05 wet area so that members may be able to sit on the benches

09:11:12 there, socialize, catch up with friends, have a drink, and

09:11:15 also be able to watch their kids who are playing there on

09:11:17 the playground.

09:11:21 On parcel 1, for the buffers, we have listened to staff's

09:11:25 request to shrink the alcohol sales area, and we have also

09:11:30 been engaged in significant discussions with legal counsel

09:11:34 for Lykes brothers, and we are agreeing -- we are willing to




09:11:39 shrink the buffer area -- excuse me, to shrink the alcohol

09:11:45 beverage area on parcel 1 as a certain condition.

09:11:49 I will let Elise Batsel who is the attorney for Lykes

09:11:54 brothers to discuss the proposed conditions some more during

09:11:57 her time and comments.

09:12:00 Count 5 in your -- tab 5 talks about outdoor music and sound

09:12:05 policies.

09:12:05 The Yacht Club wants to continue to be a good neighbor.

09:12:08 You will hear testimony from many people here in support who

09:12:12 will speak, that the Yacht Club has been a good neighbor.

09:12:16 We are willing to limit the outdoor music hours, the Yacht

09:12:24 Club in tab 5, has given you their outdoor music and sound

09:12:30 policy.

09:12:30 We are especially -- agreeing with staff to limit the

09:12:38 outdoor sound to 11 p.m. because we feel it is too

09:12:42 restrictive for some of the events that happen at the club.

09:12:45 On average there are about 35 events annually, where there

09:12:49 is outside music events, for this event.

09:12:54 We would ask and continue to emphasize that the Yacht Club

09:12:57 will comply with all applicable noise ordinances.

09:13:00 We will follow those ordinances, and we ask not to have

09:13:06 council impose a condition to have outdoor amplified sounds

09:13:09 stop at 11 p.m.

09:13:12 Tab 6 addresses the special use permits.

09:13:17 It is our position in tab 6, and positions laid forth, that




09:13:22 we can comply with the special use permit requirements with

09:13:24 waivers as needed.

09:13:26 And I would like to close by talking about the hours of

09:13:30 alcohol sales.

09:13:31 If you look -- I will put this on the Elmo.

09:13:37 Right now, the club is subject to chapter 14, hours of

09:13:43 alcohol sales, and the chapter 14 hours state, Monday

09:13:49 through Saturday, 7 a.m. to 3 a.m., the following day.

09:13:53 And on Sunday, 11 a.m. to 3 a.m. the following day.

09:13:59 Now, the club is almost never open that late.

09:14:04 But those are what code currently says.

09:14:06 We are agreeing under our proposed alcohol site plan to

09:14:13 further restrict the alcohol hours outside, so that if you

09:14:18 see in condition 3 on your alcohol site plan, Monday through

09:14:22 Thursday, we are proposing to stop outdoor alcoholic sales

09:14:26 and service at midnight.

09:14:28 Fridays and Saturdays we are proposing to stop alcohol sales

09:14:31 at 12:30 a.m.

09:14:34 Sundays we are proposing to stop alcohol sales at

09:14:37 10:30 p.m., with the exception for Gasparilla events, New

09:14:43 Year's Eve party and the maximum of two additional temporary

09:14:46 special events.

09:14:47 We feel that those are good mitigation, self-imposed

09:14:53 conditions that we can offer to continue to be a good

09:14:55 neighbor in the community.




09:15:00 Now I would like to yield my remaining time to the next

09:15:03 speaker, rich Malloy, unless the council has any questions

09:15:06 for me.

09:15:07 >>HARRY COHEN: Any questions for the alcohol section at

09:15:12 this time?

09:15:12 I don't see any.

09:15:13 >> Muellen, Franklin Street, Tampa, Florida.

09:15:25 I am here to talk a little about the community outreach that

09:15:28 the club has undertaken, which is extensive.

09:15:32 And it results from -- the first few steps that the club

09:15:42 took, city code requires 250-foot notice to homeowners that

09:15:49 have a parcel 250 feet.

09:15:51 We went almost ten times that, sent letters to neighbors

09:15:55 within 2,000 feet.

09:15:56 So far beyond.

09:15:58 The territory.

09:16:04 Oh, excuse me.

09:16:17 Special Facebook pages to engage the community to get

09:16:21 accurate information and to hear back from the community.

09:16:23 We built a special website with complete copies of the whole

09:16:27 application so everybody could see what we are doing, so

09:16:29 that everybody could see the transparency.

09:16:31 It was very important to us.

09:16:33 We met directly with neighbors, and so we could hear from

09:16:39 them what they were most concerned about.




09:16:41 And we listened directly to the concerns of neighbors and

09:16:48 incorporated a lot of their ideas.

09:16:50 So I am going to put up here real quick the results of that.

09:16:58 Pretty nice neighborhood support.

09:16:59 We received total approval from Crescent pay condominiums.

09:17:04 We'll hear from them later on.

09:17:08 The Brigintine neighborhood association down the street,

09:17:13 their approval.

09:17:14 Ballast Point neighborhood association, their approval.

09:17:17 Now, I am not here to speak on behalf of Ballast Point.

09:17:22 But what I would do is to thank them.

09:17:25 We were able to engage with them and address their concerns.

09:17:28 They took the step to reach their supporters and tell them

09:17:30 that.

09:17:32 For which we are very thankful.

09:17:36 This is the endorsement from Tampa events.

09:17:42 And to do a little bit of name dropping, essentially some of

09:17:45 those supporters that we heard from along the way, Richard

09:17:48 Gonzmart, rob Taylor.

09:17:52 Now this I wanted -- because I don't believe he could be

09:17:55 here unless he showed up recently.

09:17:57 He lives exactly 18 feet from the property line.

09:18:00 He has eleven years experience, assistant county

09:18:03 administrator, land use and zoning.

09:18:08 Chris walls, past member Hillsborough Planning Commission.




09:18:11 Mayor Greco.

09:18:14 Mayor Freedman.

09:18:20 Lykes family.

09:18:21 Gale and Tyson Lykes.

09:18:24 Admiral, retired, chief of SOCOM.

09:18:30 This one I like in particular because it speaks about the

09:18:33 fundraising that happens at the club.

09:18:35 The million dollars they have been able to raise for

09:18:37 pediatric cancer foundation.

09:18:39 James Ferman.

09:18:41 Charles Lockwood.

09:18:43 John Steinbrenner.

09:18:45 Eric and Bobby Newman.

09:18:47 Rosemary Henderson.

09:18:50 Petero knight.

09:18:52 Rhea Law.

09:18:55 Brad King in case you are wondering about support from

09:18:58 nonmembers, one thing that we are very grateful of is when

09:19:03 we did several mailers out, a lot of members are right there

09:19:08 but there are a lot of nonmembers that live right there.

09:19:11 So I didn't print it out all for you but it is a sample of

09:19:18 50 non-members, and a lot of them of the country club.

09:19:25 (Bell sounds)

09:19:29 So the last thing I wanted to talk about.

09:19:32 Is the fact so far by count, there are more than 950.




09:19:43 >>HARRY COHEN: Thank you.

09:19:45 We have all received those.

09:19:47 And we can attach the correspondence that we have received

09:19:52 on all sides of the matter and all of it will be placed in

09:19:54 the quasi-judicial box.

09:19:56 (Bell sounds).

09:19:58 >> We did receive one addressed to honorable Robert Francis

09:20:02 Buckhorn, mayor, and it is a non-member.

09:20:08 Yes.

09:20:08 And it's really quite something.

09:20:10 >> And everybody has a green folder.

09:20:16 >>HARRY COHEN: Okay, thank you very much.

09:20:24 I think it is the pleasure of council, it would be

09:20:27 appropriate now to hear from the stated opposition that

09:20:30 spoke earlier.

09:20:31 If you have certain people you would what like to follow

09:20:33 you, that would be fine.

09:20:35 And then we will open it up to general public comment.

09:20:41 And I'm sure if Mr. Schiff wants to take the time signs down

09:20:46 or someone wants to take the signs down, maybe the

09:20:48 applicant, that would be helpful.

09:20:49 >> Gordon Schiff: If I can take a minute here to get set

09:21:35 up.

09:22:00 >>GORDON SCHIFF: Gordon.

09:22:03 >>MARTIN SHELBY: Mr. Schiff, did you want to address --




09:22:17 >>GORDON SCHIFF: I think there's a couple of procedural

09:22:19 matters we would like to at least state on the record.

09:22:22 1211 North Westshore Boulevard, Tampa, Florida 33607.

09:22:26 I represent Tom and Kay Rankin, Howard and Patricia Jenkins,

09:22:31 Charles P. Lykes, Jr., John and Susan Buehler, Mallory Lykes

09:22:36 and David Belcher, Jack and PT.

09:22:42 And before I start our presentation I am asking City Council

09:22:46 to as a matter of taking judicial notice of a file the city

09:22:53 has, FDN-15-647 concerning an application requesting a

09:22:57 formal determination as to the alcohol status of Tampa yacht

09:23:01 and country club including but not limited to all petitions,

09:23:04 responses, filings, electronic fails, staff files, e-mails,

09:23:08 draft documents and notes, and I have -- I would just ask

09:23:16 that council take judicial notice of that file as parted of

09:23:18 this proceeding.

09:23:19 >>HARRY COHEN: Mrs. Kert, is that something you would like

09:23:23 us to take notice of by motion or did we just knowledge it

09:23:26 into the record?

09:23:28 >>REBECCA KERT: I don't think you can take judicial notice

09:23:30 of it but certainly you can take notice of it and if it

09:23:33 would -- and incorporate it into the record, what I believe

09:23:38 he's trying to do is incorporate that file into the record.

09:23:40 I don't have any objection to that.

09:23:44 I don't flow if petitioner has any objection to that.

09:23:46 As to putting in the record the relevancy of it is certainly




09:23:49 up for discussion, but not necessarily as far as --

09:23:54 >>HARRY COHEN: This is a very large record.

09:23:56 There's an awful lot of documents that have been taken into

09:23:58 it.

09:23:58 Mr. Smith.

09:24:00 >>DAVID SMITH: On behalf of the applicant.

09:24:01 Just so I am on the record we do object.

09:24:04 We don't think it's relevant to the application before you.

09:24:06 It was a previous application filed by the applicant, for an

09:24:11 administrative determination, which we would do because we

09:24:14 realize even if we won that determination, we wouldn't get

09:24:17 the sort of relief we need with respect to the property.

09:24:20 So the fact that it was failed, the fact that was withdrawn,

09:24:23 the fact that was never finalized, an opinion was never

09:24:28 rendered, it is just at that point speculative and not

09:24:32 relevant to your task.

09:24:33 Your task is to evaluate the application and make a

09:24:36 determination based upon your code.

09:24:38 So we object and I want to make sure I am on the record

09:24:41 objecting.

09:24:41 >>HARRY COHEN: What is the pleasure of council?

09:24:46 >>CHARLIE MIRANDA: My personal opinion is this.

09:24:48 I have no determination legally.

09:24:50 Anything that we receive in the city is public record.

09:24:53 That's already somewhere.




09:24:55 So I personally have no objections to the record that's

09:25:00 somewhere in space or somewhere in some file somewhere.

09:25:02 It's never been heard by us.

09:25:04 So it's part of the unofficial record that you can certainly

09:25:09 bring up in a legal matter if you so choose.

09:25:12 >> We have put everything we received in this matter into

09:25:16 the record.

09:25:18 It is an enormous record.

09:25:19 So we'll enter it in with all the other documents.

09:25:28 >>GORDON SCHIFF: Thank you, Mr. Chair.

09:25:29 I rise tonight on behalf of my clients to object to this

09:25:32 commercial PD rezoning and alcoholic expansion plans.

09:25:35 I will provide at the end of my presentation a 4-point plan,

09:25:39 and the 4-point plan will address and resolve the four

09:25:43 significant neighborhood issues that exist before you

09:25:46 tonight.

09:25:47 If the club is unwilling to incorporate the 4-point plan,

09:25:51 then we would ask that you deny the petitions.

09:25:56 At the outset, Tampa Yacht Club should not be rewarded for

09:26:01 violating the law and for inappropriate behavior.

09:26:04 The Yacht Club has been openly violating state and local

09:26:08 alcohol laws by selling, serving and consuming alcohol

09:26:12 throughout its property, 18 acres, when they are only

09:26:16 licensed as you heard from your staff and others to do so

09:26:19 within a portion of the inside of the clubhouse.




09:26:21 They have continued to violate the license even after the

09:26:25 state confirmed in the writing to their lawyers.

09:26:28 I will provide an exhibit that supports my statements.

09:26:31 They also violate the city noise ordinance, EPC noise rule

09:26:35 with out door parties and events.

09:26:37 They violate the city code by parking buses and delivery

09:26:40 trucks in the right-of-way and on sidewalks rate next to

09:26:43 no-parking signs.

09:26:45 Mr. Chair, they have tainted the entire process by having

09:26:48 multiple inappropriate communications with city staff.

09:26:52 I will provide this exhibit as well for the record.

09:26:55 For these application it is commodore sent an e-mail blast

09:26:59 to the entire membership of Tampa Yacht Club asking the

09:27:02 members to, and I quote, contact any City Council members

09:27:06 with whom you have a personal relationship, exclamation

09:27:10 point.

09:27:11 Why would you approve and legitimize this unlawful and

09:27:15 inappropriate behavior?

09:27:17 They say they are seeking approval of what they have always

09:27:20 done.

09:27:20 They also say they are grandfathered.

09:27:23 We keep hearing grandfathered.

09:27:24 For what?

09:27:25 If you violate your annual state liquor license for years

09:27:29 and you don't get caught, that is not grandfathered.




09:27:33 That is violation of a license.

09:27:36 They say they are just confirming -- you are hearing the

09:27:39 terms qualifying, that they are updating their paperwork,

09:27:43 that they are seeking to limit alcohol.

09:27:45 They are not seeking to limit alcohol.

09:27:47 None of that is accurate.

09:27:50 None of that requires a rezoning if that were accurate of

09:27:53 the

09:27:55 Privately they say otherwise.

09:27:56 They say they want broad flexibility for the future and

09:27:59 never once come back to City Council to ask for anything

09:28:02 again.

09:28:03 The unreasonable and extreme variances and extreme variances

09:28:08 from the norm, I will note a few.

09:28:11 Alcohol distance requirement, the norm in a residential area

09:28:13 is a thousand feet away.

09:28:15 They want zero.

09:28:18 For parks, it's a thousand feet away.

09:28:19 They want zero.

09:28:21 For the area for sale of alcohol, the norm in a residential

09:28:25 zoning district is it's prohibited.

09:28:27 They are seeking 13 acres.

09:28:30 That is more than five times larger than the area they

09:28:33 claimed in the item you just took judicial notice of when

09:28:36 they claimed they had best advice and grandfathering for




09:28:39 2.6-acre parcel.

09:28:41 Five times more.

09:28:47 They propose 161 patron outdoor bar.

09:28:54 The norm no residential area is outdoor bars are prohibited.

09:28:57 Regarding noise, they ask you to allow them to have outdoor

09:29:00 amplified music every day and night of the week, 365 days a

09:29:05 year.

09:29:06 The norm for noise protection is to require that the noise

09:29:10 be kept inside the building.

09:29:13 The Yacht Club is located on a dimly lit local street.

09:29:17 The street cannot possibly handle the congestion that will

09:29:20 occur and there are safety issues.

09:29:22 The Yacht Club advertises events where they invite other

09:29:25 clubs.

09:29:26 Upwards of 5,000 people to events.

09:29:30 If they only had 331 parking spaces, please do the math.

09:29:35 They publicly advertised the weddings and events.

09:29:38 Just Google "can I have my wedding at Tampa Yacht Club?"

09:29:41 You will be directed to a Yacht Club website which publicly

09:29:44 advertises for weddings and events, provides phone numbers

09:29:47 and offers private consultations.

09:29:48 The web page says Tampa Yacht Club, quote, offers and ideal

09:29:53 destination for any event, and, quote, can accommodate a

09:29:56 lavish wedding reception for 400.

09:29:59 Recently on August 13th, the same night that the




09:30:02 commodore sent and e-mail blast to the club members saying

09:30:05 the Tampa Yacht Club is quote nothing but a club, a public

09:30:08 event advertised on the Internet where anyone can buy a

09:30:11 ticket was occurring at Tampa Yacht Club, the same night.

09:30:15 That is operating a commercial event.

09:30:20 The plans would increase the event space, they expand the

09:30:23 clubhouse, add an outdoor bar and expand alcohol areas

09:30:27 substantially and would allow for multiple events to occur

09:30:30 at the same time pursuant to the approval.

09:30:34 This is not about Gasparilla.

09:30:36 They can have Gasparilla today.

09:30:39 To temporary expand for Gasparilla day, it's a simple

09:30:42 process.

09:30:43 You apply, you get a permit, you expand.

09:30:46 It's simple.

09:30:47 This is not about Gasparilla.

09:30:49 However, under this permanent expansion proposal, they could

09:30:52 have Gasparilla there every day.

09:30:56 The board of Tampa Yacht Club board changes regularly so the

09:31:00 verbal commitments tonight or otherwise mean nothing and are

09:31:04 not binding on future boards.

09:31:06 Alcohol runs with the land which means that the Yacht Club

09:31:10 could sell all or part of the land along with the alcohol

09:31:12 approval to another private recreational facility or

09:31:15 facilities.




09:31:16 My clients object because these proposals would

09:31:19 fundamentally change the neighborhood.

09:31:21 Introducing noise, congestion, incompatible uses.

09:31:25 Why would you approve a plan that violates your noise

09:31:28 ordinance?

09:31:29 I do have petitions from the neighborhood.

09:31:32 I will submit them.

09:31:33 The neighborhood association had a vote.

09:31:36 We were there.

09:31:37 They had 17 votes when they achieved or what they achieved

09:31:43 with Tampa Yacht Club.

09:31:44 We have received 125 signatures from the Ballast Point

09:31:48 residents who are against this proposal, and out of all the

09:31:51 petitions received back, only four were in favor.

09:31:54 So there's a total -- and then a total of 151 petitions,

09:31:57 some from other areas.

09:31:59 Tonight I got four more.

09:32:00 So there are 155 petitions against.

09:32:02 We'll submit those into the record.

09:32:04 I should say is Stella could not be herd tonight.

09:32:08 She apologized for that but she asked that I submit a letter

09:32:13 into the record objecting to these which I do at the end of

09:32:16 my presentation.

09:32:17 I offer three experts.

09:32:19 The first will be power acoustics as an expert in sound and




09:32:22 noise.

09:32:22 The sound being Robert Lilkendey, an expert in traffic and

09:32:29 circulation, and Ethel Hammer will be the third of

09:32:31 Englehart, Hammer and Associates as an expert in planning

09:32:34 and zoning.

09:32:37 I will provide you the books at this time with CVs, and

09:32:42 past experience, as well as written reports of each of these

09:32:44 experts.

09:32:46 And as I said in the beginning of my presentation, we have a

09:32:51 4-point plan.

09:32:52 I will pass the 4-point plan out to you but let me just give

09:32:56 you the four points.

09:32:57 One, the proposed alcohol beverage area should be reduced to

09:33:02 2.13 acres.

09:33:04 Two, the hours of operation need to be reduced to a

09:33:07 residential type of hours.

09:33:10 We will present those hours in this table.

09:33:14 Three, the outdoor open air bar needs to be eliminated.

09:33:18 Four, the outdoor noise after a grace period we suggest two

09:33:22 years needs to move back in the building.

09:33:25 Those are -- that's our four-point plan.

09:33:28 I'll provide that to City Council as I finish here.

09:33:31 And I will then -- I also have a condition which I can

09:33:34 submit into the record now or later which is a noise

09:33:37 condition for monitoring because you think monitoring would




09:33:39 be appropriate after we demonstrate that they are violating

09:33:42 the noise ordinance.

09:33:43 And with that, I will introduce my experts one at a time and

09:33:47 I will pass out some and put all these documents into the

09:33:50 record that I spoke about.

09:34:11 >> I'm Dave parson, power 36, 2730 North Tampa Ave.,

09:34:18 Orlando, Florida.

09:34:19 And I was asked to look at the sound levels at the

09:34:27 residential property immediately south of the Tampa yacht

09:34:32 country club, address 5324 Interbay Boulevard.

09:34:38 And we performed two studies.

09:34:40 One last year in August, August 20th through 23rd,

09:34:46 where are we left a sound level monitor at the property line

09:34:49 for a period of four days, just to get an idea of what the

09:34:54 ambient sound levels are with and without music events

09:34:58 occurring at the yacht and country club.

09:35:03 We looked at that.

09:35:04 We prepared a report.

09:35:05 We found that sound levels were in excess of the Tampa noise

09:35:10 ordinance by quite a bit.

09:35:13 We also provided an addendum to that sound level study that

09:35:18 basically looked at the sound levels relative to the new

09:35:22 sound ordinance that was just recently passed.

09:35:27 And we also did a study in April of this year, and again it

09:35:32 was about a period of about four days, three days.




09:35:36 And this was largely just to go back and take a look at

09:35:40 music events and just make sure that the one event that we

09:35:43 did look at in August of last year wasn't just a fluke, in

09:35:49 that we had representative data that typically occurred when

09:35:53 music events were going on.

09:35:56 We also prepared an addendum to that sound study that looked

09:36:00 at the current Tampa noise ordinance.

09:36:04 And then we have also got a summary report, and that's what

09:36:08 we are going to kind of talk a little bit in detail, and

09:36:12 that is, I guess, tab F in your books.

09:36:21 In figure 1 of that summary report, it shows where we put

09:36:24 our monitors, and they were high point precision equipment

09:36:29 that is accurate to plus or minus 1 decibel.

09:36:33 It measured both the A weighted and C weighted sound.

09:36:37 The A weighted sound is typical of what you measure for

09:36:40 sounds when we are talking.

09:36:41 C weighted sound is representative of more like the bass

09:36:44 sounds that you hear, the thumping that occurs from music.

09:36:49 The locations are shown in figure 1 of that summary report.

09:36:56 We used two monitors for redundancy just to make sure we had

09:37:00 good data, in case one monitor shut off.

09:37:05 Going to figure 2, figure 2 is a time history.

09:37:11 Remember we took this data over a period of days.

09:37:15 This is a time history that shows about an hour on each side

09:37:20 of the music event that occurred, and Friday, August




09:37:24 21st, 2015.

09:37:26 So this is last year.

09:37:28 It was an event called the Carolla beach party by the bay.

09:37:34 The two plots there show what the sound levels were prior to

09:37:38 the music starting.

09:37:40 You looking at the one that's relative to the current Tampa

09:37:43 noise ordinance, the one that's on the right was the

09:37:46 previous Tampa noise ordinance that was in effect when we

09:37:51 took the data.

09:37:52 But if you look at the chart on the left, of figure 2, what

09:37:58 you see is before music starts, sound levels in that area

09:38:01 are below the C weighted criteria, again the thumping sound,

09:38:06 the low frequency sound criteria, and all of the A weighted

09:38:11 sounds.

09:38:12 As soon as the music begins, it's a live music performance,

09:38:16 the sound levels that we measured from the band went up by

09:38:22 13 or so decibels, above the Tampa noise ordinance

09:38:27 requirements for C weighted sound.

09:38:29 Also slightly exceeded the A weighted sound during that time

09:38:33 also.

09:38:34 You can see in the plot there was a break where the band

09:38:38 took a break for about 20 minutes and the sound levels

09:38:41 dropped considerably.

09:38:43 There was probably some additional sound from recorded music

09:38:46 going on and the crowd that was there.




09:38:47 But as soon as the band started again the levels popped back

09:38:50 up and again shall they are 10, 12, 13 DB above the C

09:38:55 weighted thumping sound criteria that the Tampa ordinance

09:38:59 has.

09:39:01 When you move to figure 3, this is sound levels that we

09:39:05 measured this year, and this one happens to be on April

09:39:08 15th and it was a band on the patio, I believe its would

09:39:11 be the event was called.

09:39:13 And very, very similar results occur.

09:39:15 You see when the music begins, the sound levels come up.

09:39:19 They are above the noise ordinance considerably.

09:39:22 That's the blue line you will see on the curve there, and

09:39:25 again look at the one on the left.

09:39:26 That's an ordinance.

09:39:30 And they stay consistently above the Tampa noise ordinance

09:39:34 for the whole event.

09:39:35 And then when the music ends at midnight, miraculously the

09:39:40 levels drop down by 15 decibels.

09:39:43 5 decibels below what the noise ordinance allows for.

09:39:47 It's just clear evidence that when the music is playing,

09:39:50 they are well above the Tampa noise ordinance.

09:39:53 When the music stops, the levels drop well below.

09:39:58 There was another event on that same weekend.

09:40:01 And it was a DJ for a wedding.

09:40:07 (Bell sounds)




09:40:08 And that's shown in figure 4.

09:40:10 If you flip to figure 4, you see exactly the same pattern

09:40:13 when the music occurs, the sound levels are well above the

09:40:18 ordinance, allowable ordinance levels.

09:40:21 When the music stops at 11:30, it drops well below.

09:40:28 That's I guess all my time.

09:40:30 So if you have questions I will be glad to answer.

09:40:42 >>HARRY COHEN: (off microphone).

09:40:51 >>GORDON SCHIFF: At this time Robert will talk.

09:40:58 >> My name is Robert, I'm a principal with Gulf coast

09:41:01 consulting, 13825 Icott Boulevard, in Clearwater.

09:41:07 I'm an certified planner and professional transportation

09:41:11 planner.

09:41:11 My reports are in tab 2 of your notebooks.

09:41:15 I was requested to evaluate the proposed PD zoning

09:41:18 application from the perspective of transportation related

09:41:21 issues.

09:41:22 Particularly traffic impact, parking adequacy and internal

09:41:26 circulation.

09:41:29 In summary, item number 1, no transportation evaluation is

09:41:33 provided with the application.

09:41:34 Section 27-138 of the code requires a traffic study per the

09:41:40 transportation impact analysis and mitigation procedures

09:41:43 manual for any development exceeding 100 net new daily

09:41:48 trips.




09:41:48 We believe this expansion would exceed 100 net new daily

09:41:52 trips.

09:41:53 As a matter of fact on page 2 of my report, the planned

09:41:57 improvements leading to transportation engineer trip

09:41:59 generation calculations, we think it could generate an

09:42:03 additional 1500 daily trips.

09:42:05 Parking calculations are unclear.

09:42:07 There is no confirmation that adequate parking is provided

09:42:11 for the expansion.

09:42:12 Again, please refer to my report page 2, paragraph 4.

09:42:16 It eliminates parking for the horse barn.

09:42:20 We believe there's some reasonable estimate of parking

09:42:23 spaces assigned for the horse barn.

09:42:29 Point 3.

09:42:30 Capacity of parking lot does not match the number of spaces

09:42:33 shown.

09:42:34 The site plan stated 309 parking spaces provided.

09:42:37 I believe your staff had stated 331.

09:42:41 We believe the actual figure is more in the line of 301

09:42:44 spaces.

09:42:46 Again, I ask you to refer to page 2, paragraph 4 of my

09:42:50 report.

09:42:50 There are several locations where the actual parking spaces

09:42:53 are below the number of reported on the plan.

09:42:56 Parking lot A, they report 73 spaces at the shell lot.




09:43:02 Based on standard parking dimensions of the parking space

09:43:06 and drive isles, we believe 54 should be provided and still

09:43:10 be able to work around the trees and the root line of the

09:43:14 trees, to protect them.

09:43:17 In addition parking lot D of the porte-cochere, they

09:43:22 mentioned 74 on the plan.

09:43:23 We believe the actual number is 66.

09:43:25 Once you remove the parking spaces underneath the

09:43:28 porte-cochere and that number may be reduced even further

09:43:32 based on staff's presentation tonight.

09:43:37 The right-of-way not shown on the site plan.

09:43:39 Those conditions should be clarified.

09:43:41 Sidewalk, we understand is not being provided on Nichol

09:43:44 street.

09:43:45 Pavement in lieu of sidewalk is being implemented.

09:43:48 We believe that payment in lieu of sidewalk fee proposed for

09:43:52 Interbay Boulevard based on staff's, that should be

09:43:56 clarified.

09:43:58 Number 6, circulation in the northern parking lot does not

09:44:02 appear to function properly particularly with the

09:44:03 porte-cochere.

09:44:05 I refer to page 3, paragraph 5 in my report.

09:44:10 That the parking space under the porte-cochere need to be

09:44:16 removed.

09:44:16 There are also three parking spaces accessed by the drive




09:44:20 aisle on the northern expanse of the clubhouse. We believe

09:44:23 a diagram in the northern parking area should be provided

09:44:26 particularly where the proposed vacant buildings are

09:44:29 supposed to be removed.

09:44:30 We should be what I believe to be see what's going object

09:44:32 there.

09:44:33 And also porte-cochere we would assume would have some

09:44:36 support columns, and those usually have islands around them,

09:44:40 and that would further inhibit circulation.

09:44:44 Circulation of all ingress and egress points should be shown

09:44:47 and several locations appear to be too narrow for two way

09:44:50 traffic so we think the flow should be shown on the plan.

09:44:53 Finally the capacity for outdoor alcoholic sales and

09:44:56 consumption is not quantified could lead to a parking

09:44:59 deficiency.

09:45:00 We believed a parking analysis should be provided.

09:45:05 On page 3 of my report, they are proposing 13.47 acres of

09:45:10 alcohol sales and consumption.

09:45:12 Within these areas the number of people, parking

09:45:17 requirements should consider maximum occupants at events

09:45:20 occurring simultaneously and considering normal occupancy

09:45:24 rates for such events.

09:45:25 That concludes my presentation.

09:45:27 I am happy to answer any questions.

09:45:29 >>HARRY COHEN: Council member Montelione.




09:45:33 >>LISA MONTELIONE: Thank you.

09:45:36 So the parking spaces you said, there's a discrepancy

09:45:42 between what is there, what is stated as being there

09:45:45 currently, and what's on the plan?

09:45:49 And what was in the staff report.

09:45:52 Did I hear you correctly say there was discrepancy between

09:45:54 the numbers?

09:45:56 >> Yes, and parking lot A, the plan shows 73 spaces.

09:46:03 That is the shell lot on the plan.

09:46:08 And the shell lot, with the large oak trees in it, and based

09:46:13 on looking at standard parking lot, or parking space

09:46:18 requirement 9 by 18, and drive aisles for circulation in

09:46:22 there, we believe you can only gets 54.

09:46:24 It's not shown on the plan.

09:46:27 It's shown on the plan as 73.

09:46:30 There is a location in parking lot B where they show 75

09:46:34 spaces up on the northern end by the proposed porte-cochere.

09:46:38 They show 73 spaces in the triangle, and -- or 75 spaces in

09:46:45 the triangle, and really when you eliminate some of the

09:46:48 parking spaces underneath the porte-cochere, we believe that

09:46:52 number is 66, a slight reduction but nudges a reduction.

09:46:57 And based on the staff report its appears that there's an

09:47:00 additional 14 spaces that may be lost just to the north of

09:47:03 the porte-cochere.

09:47:05 We would just like to see that clarified.




09:47:06 >>LISA MONTELIONE: Jonathan, Abbye, somebody?

09:47:15 >>ABBYE FEELEY: Land Development Coordination.

09:47:17 I counted every space on the site plan.

09:47:22 I am not sure what assumptions their expert made in relation

09:47:25 to what's being removed for the porte-cochere.

09:47:28 I did check all of the calculations.

09:47:31 There were other spaces.

09:47:35 This is my own working document.

09:47:40 There were other spaces that were captured that I did not

09:47:44 include.

09:47:46 We did not go back through and recalculate for them a

09:47:50 dimension for spaces within lot A -- I cannot validate

09:47:56 whether what he's saying as far as whether it's 55 versus

09:47:59 73.

09:48:00 I would let the applicant speak to that.

09:48:04 They are use that.

09:48:07 Their engineered provided there were 73 spaces in that lot.

09:48:11 So that's what was counted there.

09:48:14 They asked for a waiver for that lot, to not have the

09:48:17 protective radius.

09:48:18 So I don't know what assumptions he made when he was

09:48:21 calculating to get you down to that other number.

09:48:24 I did say in my report that it needed to be cleaned up, but

09:48:28 I didn't say it needed to be cleaned up by his numbers.

09:48:31 >>LISA MONTELIONE: Well, you said they were overparked.




09:48:33 >> 331 to 301.

09:48:37 Would you like me to show you where those 331 are?

09:48:41 I can get that information for you while you take other

09:48:43 testimony.

09:48:43 >>LISA MONTELIONE: Well, I was just counseled counting

09:48:47 spaces.

09:48:49 >>ABBYE FEELEY: Some of the little triangles are a little

09:48:54 difficult to see.

09:48:55 >>LISA MONTELIONE: I counted parking lot B and its says

09:48:59 that the 32 spaces and I think I only counted 31.

09:49:03 >>ABBYE FEELEY: In a, there is 7, 5 and 20.

09:49:06 That would be 32.

09:49:11 I spent an afternoon counting and making sure that everyone

09:49:14 they count --

09:49:16 >>LISA MONTELIONE: You figured --

09:49:19 >>ABBYE FEELEY: The 5 is to the west of the R 20 future land

09:49:22 use right here.

09:49:24 7, 5, 20.

09:49:26 >>LISA MONTELIONE: Because I counted four where you counted

09:49:29 five.

09:49:34 That's all right.

09:49:37 I was just curious as to what the differences were between

09:49:41 the 331, the 301 and what they were saying.

09:49:45 Thank you.

09:49:45 >> Ethel Hammer will be our next expert to speak.




09:49:51 And then Tom Rankin will speak.

09:49:53 And then John Muellen will speak.

09:49:55 And that will be the end of our presentation.

09:49:56 >>HARRY COHEN: And then we will move on to public comment.

09:50:01 You have about ten minutes left.

09:50:03 >> Mr. Chair, we are going to need more than ten minutes.

09:50:10 We need approximately 15 minutes.

09:50:12 >>HARRY COHEN: We will let your two speakers speak with the

09:50:15 two-minute added for the time allowed.

09:50:19 Then we are going to move on to public comment.

09:50:23 >>GORDON SCHIFF: It may take a couple more minutes but if

09:50:25 you would indulge, they are prepared to speak.

09:50:27 >> My name is Ethel Hammer.

09:50:30 I'm a land use planner.

09:50:31 I have been a land use planner in the Tampa Bay area for

09:50:35 over 35 years, and I have been qualified as a land use

09:50:38 planner in over 30 jurisdictions in the State of Florida.

09:50:45 My comments this evening are going to focus on the

09:50:48 compatibility, and with the use, with the surrounding

09:50:54 neighborhood, and the proposed intensification use and how

09:51:01 it will affect that neighborhood.

09:51:02 The proposed wet zoning that is requested by the club is too

09:51:07 large.

09:51:08 We agree with your staff.

09:51:12 The legal descriptions that were submitted with their




09:51:14 application includes the children's playground, it includes

09:51:18 a portion of the barn, the entire riding ring, a portion of

09:51:23 the tennis courts, their maintenance buildings and all of

09:51:28 the all of the submerged part of Hillsborough bay that is

09:51:33 within their ownership.

09:51:34 The enormous extent of this area significantly increases the

09:51:38 intensity and the negative impacts of this proposed

09:51:43 expansion on the residential neighborhood.

09:51:46 Approval of over 13 acres for wet zoning enables the

09:51:52 occurrence of multiple events that could occur at the same

09:51:56 time, east and west of inter bay Boulevard.

09:52:02 The club is proposing expanded hours of operation.

09:52:06 Over 13 acres of unlimited outdoor activity with amplified

09:52:12 sounds till midnight, Monday through Thursday, till 12:30 in

09:52:17 the morning Friday and Saturday is just simply incompatible

09:52:23 with the surrounding neighborhood.

09:52:27 These proposed hours go way beyond the past operating hours

09:52:31 of the club.

09:52:34 They list their current hours of operation in their monthly

09:52:39 newsletter which I have included in my report.

09:52:43 Amplified outdoor noise at such late hours severely impacts

09:52:48 the ability of the neighbors to not only enjoy the safety

09:52:56 and the integrity of their own home, but the entire

09:53:00 neighborhood.

09:53:02 These hours are also not supported by your staff.




09:53:06 The Tampa Yacht Club site plan requests approval for a

09:53:10 structure that is near the pool, that is labeled on their

09:53:13 site plan as planned improvements, 1860 square feet.

09:53:19 That structure is going to be an outdoor bar.

09:53:23 Prior permit drawings they submitted to the city indicate

09:53:27 that this will accommodate 161 people.

09:53:31 The design of the bar includes multiple TV screens,

09:53:36 providing the capability of showing multiple TV shows or

09:53:42 sporting events at one time.

09:53:44 This structure will provide an additional venue for

09:53:46 amplified outdoor sound.

09:53:51 An outdoor bar or a televised event center is simply not

09:53:56 compatible with the residential neighborhood.

09:54:00 If the Yacht Club plans to operate as they always have, an

09:54:05 expansion and intensification of their evented space would

09:54:09 be unnecessary.

09:54:11 They are requesting an additional 17,700 square feet of

09:54:17 additional space which is 27% greater than the current

09:54:23 improvements on the property now.

09:54:27 As I already mentioned, the wet zoned area will go from

09:54:30 approximately a quarter of an I can acre which is the only

09:54:33 area that they have approved for alcohol use now, which is

09:54:36 inside the clubhouse to over 13 acres.

09:54:40 The club verbally states there are no plans to increase the

09:54:44 membership.




09:54:45 However, there is no limitation included in their

09:54:49 application or in the conditions of approval to limit the

09:54:52 number of members.

09:54:54 There is no limit on the number of events that can occur

09:54:57 simultaneously.

09:54:59 There is no restriction on the number of people that can

09:55:02 attend events at the property at any one given time.

09:55:06 My point is, there are no limits whatsoever on the intensity

09:55:12 of the proposed club expansion.

09:55:15 Limits on intensity are important given the fact that no

09:55:19 parking demands were calculated for the Marina which

09:55:24 functions as a separate use.

09:55:26 The barn and stables which function as a separate use, to in

09:55:30 creased amount of outdoor space which, in and of itself, may

09:55:36 function as a separate destination, separate from the

09:55:41 clubhouse itself.

09:55:43 We have already heard that there is no loading space for the

09:55:47 club.

09:55:47 They are asking to build a requirement of three to zero.

09:55:51 So any trucks that make deliveries park in the right-of-way.

09:55:56 Major events bring participants to the club on buses.

09:56:00 They also park in the right-of-way.

09:56:02 Given the substandard condition of Interbay Boulevard,

09:56:06 congestion from all of these things is illegal first of all

09:56:12 by parking in the right-of-way that it creates a problem for




09:56:14 the neighborhood.

09:56:16 I analyzed the PD application, the AB application, both

09:56:21 applications have deficiencies with respect to the submittal

09:56:26 requirements.

09:56:28 There are also numerous errors on the site plans and the

09:56:32 surveys which I have detailed and is included in my

09:56:35 analysis.

09:56:37 I have analyzed it relative to the goals, objectives and

09:56:40 policies of the comprehensive plan.

09:56:42 I find that this intensification of the Yacht Club's

09:56:48 expansion is inconsistent with many of the goals, objectives

09:56:52 and policies that try to maintain the character and

09:56:56 integrity of residential neighborhoods.

09:57:00 The unlimited and uncontrolled expansion of the Yacht Club

09:57:04 to a 13.5-acre outdoor event center is incompatible with

09:57:09 surrounding land uses, will be inconsistent with the

09:57:12 character of the neighborhood, will generate impacts that

09:57:16 are commercial in nature, and create an intensity such that

09:57:21 the off-site impacts cannot be mitigated.

09:57:25 We request that you review the four point plan that Mr.

09:57:30 Schiff entered into the record by doing the following.

09:57:32 Number one, reduce the area of the wet zoning to the area

09:57:37 that was initially requested by the Yacht Club, which is a

09:57:41 little over two acres.

09:57:43 We agree with your staff that what they have requested is




09:57:48 way too big.

09:57:49 Number two, require that the amplified sound be taken

09:57:53 indoors.

09:57:54 You have heard expert testimony that they are already

09:57:58 violating the noise ordinance.

09:58:00 Why would you allow them to continue?

09:58:04 Number three, reduce the hours of operations that they are

09:58:09 requesting.

09:58:10 Midnight, 12:30 in the morning is just too late.

09:58:15 It is incompatible.

09:58:16 And lastly, eliminate the outdoor bar.

09:58:19 The negative impact of outdoor bars have already been

09:58:23 documented by neighbors in the Howard Avenue corridor.

09:58:27 The request to operate an outdoor bar every night, every day

09:58:31 of the week, most nights until midnight, will be heard

09:58:36 throughout the neighborhood.

09:58:38 Don't introduce this incompatible use to Ballast Point.

09:58:43 Thank you.

09:58:43 >>HARRY COHEN: Are there any questions for Mrs. Hammer from

09:58:49 council members before we hear from the remaining two

09:58:52 speakers before we go to public comment?

09:58:57 >>LISA MONTELIONE: Mrs. Hammer, is that information of your

09:59:00 suggestion in one of these books?

09:59:01 >> Yes, ma'am, it is.

09:59:04 I have a very detailed analysis of what sections did not




09:59:08 meet the seminal requirements of code --

09:59:13 >>LISA MONTELIONE: No, I heard the last part of your

09:59:15 testimony there.

09:59:16 >> The four point plan that I handed out in the single page.

09:59:20 >> It's not in the binder?

09:59:24 >>GORDON SCHIFF: No, that's correct, Councilwoman.

09:59:25 >> Thank you.

09:59:27 >> Good evening.

09:59:34 My name is Tom HANIKEN, Interbay Boulevard, 33611.

09:59:40 Ballast Point is our home.

09:59:43 When I was born, I was brought home toll my grandmother's

09:59:45 house in Ballast Point which is built in 1895.

09:59:49 My great aunt built the Ballast Point home that we raised

09:59:53 our two children in and that we live in today.

09:59:57 A family Yacht Club sits between city park and our home.

10:00:01 These proposals before you totally conflict with our

10:00:04 established residential neighborhood.

10:00:06 The club is asking you to sanction noise, commercialization,

10:00:11 expansion, and congestion.

10:00:12 We object.

10:00:14 To be clear, this is not about Gasparilla.

10:00:17 The club does not need any approvals for you to continue

10:00:20 hosting Gasparilla.

10:00:22 Instead, this is about extreme overreach.

10:00:26 It's about incompatible commercial expansion.




10:00:29 The club described needing flexibility.

10:00:35 That is double speak for asking you to give them carte

10:00:38 blanche for a loud outdoor event center.

10:00:42 Noise is not a provision of Tampa Yacht Club except of

10:00:47 course one morning each year where all celebrate Gasparilla.

10:00:51 The noise of Gasparilla at the club ends by 10:30 in the

10:00:54 morning.

10:00:57 The current plans for having staff monitor the noise level

10:01:00 of nighttime outdoor parties and events.

10:01:03 Do you really think that having the wait staff using little

10:01:06 hand held devices is equivalent to professional noise

10:01:08 monitoring by a third party?

10:01:10 Do you really think the wait staff is going to shut down a

10:01:14 wedding or party of those who pay their wages? Staff does

10:01:18 not work, has not worked and will not work.

10:01:21 (Bell sounds)

10:01:22 If allow the club to have outdoor noise they will violate

10:01:27 the noise ordinance.

10:01:29 They have told us privately that of they know they have

10:01:32 noise problems.

10:01:33 They have also told us they know the solution is to move the

10:01:35 noise inside.

10:01:36 >>HARRY COHEN: Mr. Rankin, I am going to ask that you take

10:01:40 an additional two minutes because we are over the 30

10:01:44 minutes.




10:01:44 You have two minutes.

10:01:45 >> The club violates noise ordinance on a regular basis.

10:01:47 We are here.

10:01:49 The noise rattles the windows in our homes and wakes up at

10:01:54 night.

10:01:55 Calling or e-mailing the club is not a solution and has

10:01:58 proved to be futile.

10:01:59 The club told us if we don't like noise, call the police.

10:02:02 The police line is a nonemergency number with a 72 hour

10:02:06 response window.

10:02:07 This is all very wrong.

10:02:09 This is a nuisance.

10:02:10 The neighborhood should not have been to call the police.

10:02:12 The neighborhood should not have to police.

10:02:16 The Tampa Yacht Club board members who sit before you today

10:02:21 say they love Ballast Point.

10:02:23 But not a single one of their 16 officers and governors

10:02:27 lives in Ballast Point.

10:02:29 Not one.

10:02:31 They don't have than to experience the noise of the beer

10:02:33 truck blocking the road, when buses are idling and blocking

10:02:37 the sidewalks, they don't have flashing blue lights shining

10:02:40 in their living room at night, they don't have to deal with

10:02:42 the congestion and the unsafe situation they are causing for

10:02:45 drivers, walkers, bikers and strollers.




10:02:49 They just gets in their car, leave Ballast Point and go

10:02:52 home.

10:02:56 Why is the club before City Council?

10:02:57 It is here asking you not to legitimize its -- is not only

10:03:01 to legitimize its ongoing unlawful and inappropriate actions

10:03:05 and behavior, but the club expanding actions and behavior.

10:03:10 What is the public purpose of allowing a noisy outdoor event

10:03:14 venue or allow outdoor bar in the quiet established

10:03:18 residential neighborhood?

10:03:19 We say the public purpose is to stop this noise.

10:03:23 We are proposing a four point plan.

10:03:26 One part of our plan is to require the club to move its

10:03:29 noise back inside this building which used to be its

10:03:33 tradition.

10:03:33 We understand this may take a little time, but the noise

10:03:36 must go.

10:03:37 Please preserve and protect historic Ballast Point from

10:03:41 these Ringling Brothers extremely intrusive commercial and

10:03:44 nonhistorical proposals.

10:03:46 Thank you very much.

10:03:46 (Bell sounds).

10:03:51 >>HARRY COHEN: Mr. Mueller, you have four minutes as well.

10:03:53 >> I have been working here all day and waiting here for

10:03:57 three minutes.

10:03:58 Thank you very much.




10:03:58 My name is John Mueller, Lykes Lane, Tampa, Florida 33611.

10:04:04 I have lived on Ballast Point for nearly 30 years.

10:04:08 I am a member of the Yacht Club.

10:04:09 At least as of this moment I am.

10:04:13 Our neighborhood has experienced increased issues with

10:04:15 noise, traffic and congestion related to activity at the

10:04:18 club.

10:04:18 Just this morning on my way to work, I drove by the Yacht

10:04:22 Club and there's a huge tractor trailer blocking Interbay

10:04:26 Boulevard, one Lane of it, and people have to go around it.

10:04:29 Couldn't even see around it.

10:04:31 More over, I was driving home a recent Saturday afternoon,

10:04:35 and to avoid a tractor trailer beer truck coming down

10:04:39 Interbay Boulevard from the club, had to drive onto the

10:04:42 sidewalk.

10:04:43 And I have always been privileged to listen to music and

10:04:46 celebrations from the club while lying in bed at home trying

10:04:50 to sleep.

10:04:50 I live south of Mr. Rankin on Lykes Lane.

10:04:55 Giving the club the authority to expand its alcohol sales an

10:04:58 showers will operation will contribute to additional noise

10:05:01 and more traffic congestion.

10:05:02 I oppose giving the club authority to build a more permanent

10:05:04 outdoor bar on the waterfront with multiple television

10:05:07 screens.




10:05:08 More over, we don't want to have Gasparilla every day or

10:05:13 night of the week.

10:05:15 We ask you not to allow the creation of another SoHo.

10:05:18 We want you to take care of the problem now rather than us

10:05:21 having to come back in a year and saying, oh, my God, we

10:05:24 have noise problems, can you help us?

10:05:28 So here is the four point plan one more time.

10:05:31 It's on a legal sheet of paper that was handed out to you to

10:05:35 resolve all of this.

10:05:36 First of all, limit the sale of alcohol to the area on which

10:05:40 the club has traditionally served alcohol.

10:05:42 Or at least a year ago that was the area that they claimed

10:05:45 that they always served alcohol on.

10:05:47 When they filed the vested rights petition.

10:05:50 Number two, require that outdoor alcohol sales at the

10:05:53 already constructed outdoor pavilion or outdoor stop at

10:05:57 9 p.m. Monday through Thursday, 10 p.m. on Friday and

10:06:01 Saturday, and 1 a.m. on special event nights.

10:06:04 Three, no new outdoor bars.

10:06:07 Totally inappropriate.

10:06:08 Four, amplified sound outdoors.

10:06:11 We are willing to give a grace period for two years so the

10:06:14 club can move that noise --

10:06:16 >>HARRY COHEN: Thank you.

10:06:17 We have that.




10:06:17 Thank you.

10:06:17 >> That's our presentation, Mr. Chairman.

10:06:22 >>HARRY COHEN: Thank you very much.

10:06:23 We are going to, unless council members have questions, move

10:06:26 onto the public comment portion of the hearing at this

10:06:29 point.

10:06:30 As council's earlier determination, two minutes per speaker,

10:06:34 and we would just ask that speakers line up and try to get

10:06:38 in front of us as expeditiously as possible.

10:06:40 I am going to ask again anyone planning on speaking if you

10:06:43 have not been sworn, now is an opportune time to go ahead

10:06:48 and be sworn. If there are people downstairs that can

10:06:50 lawyer this, perhaps they will take this opportunity to come

10:06:54 up and be sworn if they will alert us if they weren't when

10:06:57 they get here.

10:06:58 >>THE CLERK: Anyone to be sworn? Finance so raise your

10:07:11 rate hand.

10:07:12 (Oath administered by Clerk)

10:07:16 Thank you.

10:07:16 >>HARRY COHEN: Before everyone begins let me remained you,

10:07:21 you don't have to use the whole two minutes.

10:07:23 And we certainly -- we certainly appreciate brevity and the

10:07:28 ability to make succinct comments when necessary.

10:07:31 Councilwoman Montelione.

10:07:32 >>LISA MONTELIONE: Mrs. Feeley has the parking calculation




10:07:34 for me.

10:07:36 >>ABBYE FEELEY: Just very quickly.

10:07:37 I did recount everything in all the lots.

10:07:40 There is a total of 331.

10:07:42 And finance we make the adjustments that staff described to

10:07:45 you in our presentation and remove those spaces, it would be

10:07:51 313, and they are required 301.

10:07:54 So it still would be overparked.

10:07:55 >>LISA MONTELIONE: Okay.

10:07:56 >> First up.

10:08:01 >> My name is Hank Ennis, 288 Marlin Avenue in Ballast

10:08:08 Point.

10:08:09 My wife and I lived there for 25 years and we raised two

10:08:12 children in Ballast Point.

10:08:14 I'm a member of the Ballast Point neighborhood association

10:08:16 board, served as its president for a couple of years, and my

10:08:20 wife and I are members of the Yacht Club.

10:08:23 Ballast Point board is made up of volunteers who live in

10:08:27 Ballast Point for many years.

10:08:29 We represent a total ever 245 years living in the

10:08:34 neighborhood, among eight board members.

10:08:37 And we represent everybody in the neighborhood including the

10:08:40 neighbors surrounding the club.

10:08:43 Just as with any planned development, the Ballast Point

10:08:46 Yacht Club plan and special use. We went over each issue




10:08:52 raised by the neighborhood.

10:08:54 Jerry Miller our president is here to speak and he will give

10:08:57 you more detail.

10:08:58 But we had two major issues.

10:08:59 One with the 50-inch oak tree.

10:09:04 We don't want that removed and is very glad to hear the

10:09:08 Yacht Club will save that.

10:09:09 Two, regardless of where or how alcohol is served, the noise

10:09:14 ordinance must be met.

10:09:16 And we have every confidence that the leadership of the

10:09:19 Yacht Club will meet the noise ordinance requirement.

10:09:22 We didn't have any other concern.

10:09:24 We felt that the Yacht Club planned development and special

10:09:28 use as submitted is reasonable, and it was very clear at the

10:09:34 Yacht Club board that the club not -- and I am going to go

10:09:41 for one minute here, and I know Gordon talking to people in

10:09:46 the Ballast Point neighborhood but the people in Ballast

10:09:48 Point are not opposed to the Yacht Club plan, only your

10:09:52 client.

10:09:53 And Ethel -- to say that the Yacht Club is a parking issue

10:10:00 that point is untrue.

10:10:01 It's a wonderful, wonderful park.

10:10:02 It's being misused.

10:10:04 And we need to tackle that issue together.

10:10:06 Thank you very much.




10:10:08 [ Applause ]

10:10:10 (Bell sounds).

10:10:10 >>HARRY COHEN: Ladies.

10:10:13 Ladies.

10:10:16 This is very -- listen, it's going to be a long night.

10:10:20 I would really like to ask you not only the applaud and call

10:10:22 out because it only makes the night go longer.

10:10:25 Go ahead.

10:10:25 >> My name is Don pleasant, 5222 south Crescent drive. I

10:10:32 have been sworn.

10:10:33 We live on Crescent drive.

10:10:35 Our backyard is approximately 130 feet from the Yacht Club

10:10:40 stables.

10:10:40 I think we contained of have agreement here.

10:10:45 May not seem like it but nobody objects, I do not think, to

10:10:49 the Yacht Club improving their property by building more

10:10:52 building.

10:10:53 What we object to is imposing the function within the

10:10:55 building such as noise on the rest of the neighborhood.

10:11:02 Addressing what my good friend Dave Smith mentioned a couple

10:11:08 of points.

10:11:09 He said the barn will stay a barn. If so why do we need

10:11:12 alcohol service there?

10:11:13 The setbacks, 1,000 feet is what's currently required.

10:11:21 Reduce to 75 feet.




10:11:23 What a tremendous reduction.

10:11:25 What an imposition on the surrounding homeowners.

10:11:28 Relative to the surrounding homeowners, truly the Yacht Club

10:11:32 was there before we built our homes.

10:11:34 However, the other side of that coin is we built the homes

10:11:39 on the reliance of the function of the Yacht Club as it

10:11:42 exists, not with alcohol sales and entertainment 75 feet

10:11:47 from our property lines.

10:11:51 I think that covers it.

10:11:52 Thank you.

10:11:52 >> My name is Lee Williams.

10:12:03 I live at 2414 west country club Avenue.

10:12:07 I have lived in Ballast Point neighborhood for 33 years, and

10:12:11 for the last 22 years have been 200 feet from the Yacht Club

10:12:16 property.

10:12:17 I have been going to the Yacht Club for as long as I can

10:12:19 remember.

10:12:21 My father, a former club commodore, is a life-long avid

10:12:25 boater and our times on the water together are some of my

10:12:29 fondest memories.

10:12:31 It's the only tradition now includes my children.

10:12:34 Three generations of my family have enjoyed everything the

10:12:37 club has to offer.

10:12:39 I hope that tradition continues.

10:12:41 I have been become increasingly alarmed by the misleading




10:12:45 claims led by the group opposed to the Yacht Club plan.

10:12:51 One claim which has been repeatedly made here tonight also,

10:12:58 is that the plans and alcohol expansion would result in the

10:13:04 creation of a commercial -- that's not true.

10:13:12 And as far as the bigger than Amalie arena property is just

10:13:17 sort of boggles mind mind

10:13:21 A website created by those opposed showed 7 congestion

10:13:27 photos.

10:13:29 These I believe are supposed to show an increase in traffic

10:13:32 already caused by the Yacht Club.

10:13:34 In fact three of those photos are of cars parked along

10:13:41 people visiting Ballast Point park.

10:13:43 This I consider to be the biggest problem our neighborhood

10:13:47 is having these days.

10:13:49 The invasion of Pokemon Go players -- and a serious parking

10:14:00 problem is worse and resulted in trespassing effecting the

10:14:03 surrounding neighbors including the Yacht Club.

10:14:07 And for serving alcohol --

10:14:09 (Bell sounds).

10:14:10 >>HARRY COHEN: Thank you very much.

10:14:11 I appreciate it.

10:14:12 Next.

10:14:12 >> Good evening.

10:14:23 I'm representing -- tonight that owns the property directly

10:14:28 south.




10:14:30 Directly south of what is identified in the PD as parcel 1.

10:14:36 They have agreed to conditions in connection with

10:14:40 withholding our objections tonight and we want to put it on

10:14:43 the record and also confirm for you that they have agreed to

10:14:45 those conditions.

10:14:46 They relate specifically -- and forgive my chicken

10:14:50 scratch -- they relate to -- this is parcel 1 specifically

10:14:56 which is west of Interbay.

10:14:58 The first is a reduced alcoholic beverage area on parcel 1.

10:15:02 It's going to be -- this is the first area.

10:15:05 This big black area with a small amount of red.

10:15:08 That represents the area around the equestrian facility

10:15:13 outside of the ring where people I believe look to watch

10:15:16 what's happening in the rink.

10:15:17 And then the second area is around the tennis facility, and

10:15:21 it also includes two tables that go further south.

10:15:25 So the boundary that you see on your original plan is 75

10:15:29 feet from the southern boundary. This would push that

10:15:32 boundary up to about 150 feet with the exception of those

10:15:35 two tables.

10:15:37 So that would be the first condition.

10:15:38 They have also agreed to a path only between the two parcels

10:15:45 being no more than eight feet wide, so folks can go from one

10:15:49 of the alcohol beverage areas to the other.

10:15:51 (Bell sounds)




10:15:52 The second point, no amplified bands on parcel 1.

10:15:58 DJs would be permitted -- I north you want -- we agreed to

10:16:03 amplified sounds.

10:16:05 DJs are permitted up to four times a year only on the

10:16:08 equestrian wet zoned parcels.

10:16:10 That's the second point.

10:16:11 And the third is that the hours of alcoholic beverage sales

10:16:15 are limited on parcel 1 to be more restrictive than the

10:16:18 overall alcoholic beverage requests.

10:16:23 Monday through Thursday and Sunday ads 9 p.m. and Friday and

10:16:26 Saturday 11 p.m.

10:16:28 Grace, can you confirm that's the agreement?

10:16:30 >> Grace Yang, counsel for club.

10:16:37 We are willing to agree to those conditions, and the smaller

10:16:40 AB area on parcel 1.

10:16:42 We thank Elise and Lykes brothers for negotiating and

10:16:46 discussing this with us.

10:16:46 >>HARRY COHEN: Councilwoman Montelione has a question.

10:16:50 >>LISA MONTELIONE: Thank you.

10:16:52 Do you have that in writing for us?

10:16:56 >> If you can read my writing, I trade to.

10:17:01 >>LISA MONTELIONE: Maybe we can get a copy of that for all

10:17:05 search of us.

10:17:06 Mr. Shelby can handle that.

10:17:08 >>HARRY COHEN: We are going to move on with public




10:17:10 comments.

10:17:15 Next.

10:17:16 Ladies and gentlemen, we are open for business here.

10:17:22 (Laughter).

10:17:23 >> My name is Jerry Miller, 2815 praise Avenue, president of

10:17:27 Ballast Point neighborhood association.

10:17:29 And I am here tonight on behalf of the association.

10:17:33 We understand and recognize and respect that some of our

10:17:38 neighbors object to this plan.

10:17:40 However, we have been involved in meeting with the Yacht

10:17:42 Club very early on.

10:17:45 Early on, we had several, several suggestions.

10:17:49 Every one of those suggestions has been met to our

10:17:51 satisfaction.

10:17:52 Therefore, the Board of Directors the other night voted

10:17:55 unanimously to offer support for this plan, which is

10:17:59 unusual.

10:18:00 Very seldom do we support a rezoning plan.

10:18:02 Also they requested we support the liquor license

10:18:05 application.

10:18:06 Three also asked that I be here tonight to express that

10:18:09 support.

10:18:10 I have done so and I thank you for your patience.

10:18:12 >>HARRY COHEN: Thank you.

10:18:14 Next.




10:18:15 >> My name is Arthur savage and I have been sworn N.I have a

10:18:23 letter that I would like to put into evidence to the

10:18:26 neighbors in a 2 that you foot radius.

10:18:28 I'm sorry I did not make seven copies but I do have one.

10:18:32 >>HARRY COHEN: I believe it's already in our record because

10:18:35 I know I have seen it but we would be happy to take a copy

10:18:37 into the record.

10:18:38 >> I will just paraphrase.

10:18:48 Short little history lesson, in 1852 my great great

10:18:55 grandfather James McKay purchased approximately 158 acres

10:18:58 on a point of land from levi collard, the first U.S. pioneer

10:19:06 in Tampa.

10:19:07 The land we call Interbay was wilderness.

10:19:10 McKay brought his cattle to feed and load on the ships for

10:19:13 export to Cuba.

10:19:16 It's believed the ships would drop balance last rocks from

10:19:20 that point.

10:19:21 When the deep water Port Tampa was developed, he ended up

10:19:25 selling that land in 1886 to his daughter's husband's

10:19:30 family, the Lykes.

10:19:32 A few years later in 1892, around 50 acres on the north end

10:19:37 went to Mr. Chester Chapin who had consumers electric.

10:19:42 His wife Amelia was credited with owning the entire

10:19:46 subdivision and is an avid reader of Jules Verne helped

10:19:50 designate the nearby space Jules Verne park which we now




10:19:54 call Ballast Point park.

10:19:57 The land was later leased and then later sold to the Tampa

10:20:05 Yacht Club.

10:20:05 (Bell sounds)

10:20:07 I mention that because I'm one of many that have a deep love

10:20:11 for that area.

10:20:11 I don't live there.

10:20:13 I never lived on Ballast Point but I grew up on Ballast

10:20:16 Point on our boat with our friends.

10:20:18 And I'm not unique.

10:20:21 There's a lot of people are in that club, in that

10:20:23 neighborhood, that absolutely love it and would never prone

10:20:26 anything that threatened the community.

10:20:28 So thank you.

10:20:29 And we would appreciate your support.

10:20:31 (Bell sounds).

10:20:33 >>HARRY COHEN: Next.

10:20:34 >> Wellman Martin, and I want to say a few words.

10:20:43 I'm a native South Tampan.

10:20:46 I won't tell you how many years.

10:20:47 But I have been a member of the Yacht Club over 60 years.

10:20:51 My husband Charlie was a commodore as his brother Fred.

10:20:55 So we have always enjoyed the Yacht Club.

10:20:58 And then about 22 years ago, we built a home right across

10:21:03 from the tennis courts.




10:21:05 And I have always thought that the Yacht Club was such an

10:21:09 asset to the neighborhood, but not only that, to the City of

10:21:12 Tampa.

10:21:13 And I just have so many good memories.

10:21:18 And I just hope sincerely that we can work everything out

10:21:24 amicably.

10:21:25 Thank you.

10:21:25 >> Mr. Chairman, members of council, my name is Steve

10:21:34 Reynold, 5810 south Gordon Avenue in Ballast Point.

10:21:39 I have been in the neighborhood for about 35 years.

10:21:44 I had the privilege of being the first president of the

10:21:48 neighborhood association.

10:21:49 I made the mistake of going to the first meeting.

10:21:52 It took me six years to find a replacement.

10:21:56 But during that time and since, I have always found the

10:21:59 Yacht Club to be a caring member of the neighborhood.

10:22:03 They have been interested in the neighborhood.

10:22:05 And they have been a good steward of their part of the

10:22:07 neighborhood.

10:22:10 It's a family oriented club, a place where people want to go

10:22:14 on Mother's Day.

10:22:15 They want to go on Easter and they want to go celebrate an

10:22:18 important birthday, whether it's the first one or the

10:22:20 100th one.

10:22:22 I hope that you will approve both petitions that are before




10:22:26 you this evening.

10:22:27 They are important to the continuation of the neighborhood

10:22:29 as we know it.

10:22:30 Thank you very much.

10:22:31 >>HARRY COHEN: Thank you.

10:22:33 >> Good evening.

10:22:41 Scott Fairbanks, I live at 4007 west San Rafael street.

10:22:45 I'm the general manager of the Tampa yachted and country

10:22:48 club.

10:22:48 I have been employed by the club for 25 years starting as a

10:22:51 summer intern during college, eleven years as assistant

10:22:56 manager and now general manager for the past ten years.

10:22:58 I have seen Tampa grow during these years due to the hard

10:23:01 work and dedication of leaders such as yourselves.

10:23:03 During this time the Tampa yacht and country club has not

10:23:07 intensified its use as some may suggest but rather has

10:23:10 worked very hard to remain relevant to the 1450 members and

10:23:14 their families. We employ 74 full time individuals

10:23:17 intelligence an additional 50 plus part time employ that's

10:23:20 rely on the club to support their families in return for

10:23:24 their ability to provide the membership with the highest

10:23:26 level of please and efficient service.

10:23:28 We have a team who is proud to be part of the Tampa yacht

10:23:31 and country club family.

10:23:32 They are also proud of history, traditions, as well as the




10:23:37 role of the club has played within the Ballast Point

10:23:40 community.

10:23:41 Like me, many stay at the club because the family

10:23:46 atmosphere.

10:23:46 It is rewarding to play a role in the life celebrations of

10:23:50 so many generations of members and their families.

10:23:54 You heard neighbors concern about outdoor sounds.

10:23:56 I'm here to tell you that my management team and I, not

10:24:00 waiters as some my suggest, take readings at the property

10:24:04 line whenever there is an outdoor music event.

10:24:07 And to ensure that we comply with the local noise

10:24:10 ordinances.

10:24:11 We log the decibel readings and we have a sound policy with

10:24:17 consequences for the host bands and my team should we not

10:24:19 comply.

10:24:20 I don't want to lose my job over a loud band but it could

10:24:23 happen.

10:24:24 Members can be fined for up to a thousand dollars for

10:24:27 violating this policy, and bands can be shut down if they

10:24:30 violate, which has happened.

10:24:32 You may have heard the club wanted extended hours and serve

10:24:35 drinks till 3 a.m.

10:24:37 Please allow me to impress upon you over the past 24 years

10:24:40 I have been part of the time and closing hours have been

10:24:43 remained the same. The Yacht Club is not a commercial




10:24:47 establishment.

10:24:47 Only members and their guests may visit.

10:24:49 Providing for severability parties must be sponsored by

10:24:51 members of the club.

10:24:52 QITC status is a 501(c)3 status.

10:24:57 We do not want to lose that status.

10:25:00 >>HARRY COHEN: Thank you.

10:25:00 >> 401 south Crescent, two blocks from the club in either

10:25:21 direction of the tennis courts or the main building.

10:25:24 I have been a member of the club for over 30 years.

10:25:26 My daughters grew up there.

10:25:28 It's a private club.

10:25:31 It has a limited membership.

10:25:32 We don't want a commercial facility.

10:25:36 Pleas don't buy into the high hyperbole espoused by the

10:25:43 opposition.

10:25:43 Thank you.

10:25:43 >> My name is Brent Jones.

10:25:48 I live on Jules Verne.

10:25:50 I lived in Ballast Point for about 20 years.

10:25:53 Approximately about 200 feet from the west property line of

10:25:57 the Yacht Club.

10:25:58 I am a member of the Yacht Club.

10:26:00 And certainly the Yacht Club and the park is certainly a gem

10:26:07 for the area.




10:26:08 We would do nothing to jeopardize the neighborhood.

10:26:11 It is consistent with the use.

10:26:14 And certainly we use it.

10:26:16 It's family establishment.

10:26:18 We use the pool.

10:26:19 We go to events. We go to the kids' party, the Halloween

10:26:23 party at the stables.

10:26:25 I assume that has something to do with the AB application

10:26:27 and the wet zone for the stables.

10:26:31 So certainly, being in the neighborhood, we certainly have

10:26:37 seen a number of mailings that I have been disappointed to

10:26:40 see, and highly inaccurate, really describing what this

10:26:45 application is about.

10:26:46 It really is disappointing.

10:26:48 I think it's intended to inciting the reaction it has with

10:26:52 misinformation.

10:26:53 And I don't think that's appropriate.

10:26:55 I think if they have a complaint, if it's about noise,

10:26:58 that's what they should be saying and telling the

10:26:59 neighborhood and the neighborhood can make a decision, does

10:27:01 it affect them or not?

10:27:03 And respond appropriately.

10:27:05 Not about building apartments, not about Amalie west.

10:27:11 It's not surprising why people have been under the

10:27:13 misunderstanding.




10:27:15 They just have to read what was mailed out to the

10:27:17 neighborhood.

10:27:17 Thank you.

10:27:17 >>HARRY COHEN: Thank you.

10:27:20 >> My name is Rodney, 2003 north village Avenue.

10:27:29 I am a native, historian.

10:27:31 I am not a member of the Yacht Club but I am an interested

10:27:34 party in that historic preservation, preservation of

10:27:39 historic uses.

10:27:41 And a lot about history today.

10:27:46 Just to show everybody, the Yacht Club building, 1905, is

10:27:51 when this chart was made, Hillsborough bay and Tampa Bay.

10:27:54 And this was Tampa. This was Port Tampa.

10:27:56 And this was all the country, and that's Ballast Point and

10:28:00 that's where the Yacht Club was and is located.

10:28:04 This photograph taken the year after.

10:28:06 That's what Ballast Point looked like.

10:28:09 This is a pavilion who owned the property and eventually

10:28:14 went to Tampa Electric.

10:28:15 Part of it went to the Yacht Club.

10:28:16 This is a home, likely the original Lykes home.

10:28:19 The Yacht Club is around the cove inside between those two

10:28:24 secures structures.

10:28:25 And that was the original Yacht Club building out over the

10:28:27 water.




10:28:28 That one burned.

10:28:30 And another one as well.

10:28:34 So you can see, inside and outside uses here with the large

10:28:39 wrap around porches, and the space between these two

10:28:42 buildings.

10:28:43 So not only was this used, but the upland was used as well.

10:28:50 This believe it or not is around Gandy and Bayshore. This

10:28:54 was the late 19-teens.

10:28:57 (Bell sounds)

10:28:58 So while it was being used there was nothing else around.

10:29:00 Somebody mentioned farms, and cattle ranches.

10:29:03 That was what was around there.

10:29:06 This is looking from the south to the north.

10:29:08 1923, 24.

10:29:10 And you can see there is really nothing there.

10:29:12 Of course, there were some homes.

10:29:14 The homes, some farms, and of course Ballast Point and the

10:29:17 Yacht Club.

10:29:18 And so I think all they are trying to do is preserve what

10:29:21 they had there for 111 years and I think they can do it.

10:29:25 Thank you all so much.

10:29:26 >>HARRY COHEN: Thank you very much.

10:29:28 Next.

10:29:29 >> Good evening.

10:29:33 My name is Tom Rankin, 514 Rivera drive, 33606.




10:29:40 I was raised next door to the Tampa Yacht Club and my

10:29:44 parents are the closest neighbor.

10:29:45 The Tampa Yacht Club, the club is a boisterous neighbor.

10:29:51 You think Howard Avenue is loud, try sleeping in my parents'

10:29:55 house while a band party next door.

10:29:57 People asked if my parents would consider moving due to the

10:29:59 noise, congestion, intensification of the club.

10:30:03 Recently a member asked are if my parents would consider

10:30:05 installing sound resistant windows as a solution to the

10:30:08 problem.

10:30:09 Moving from a neighborhood, moving from the home my parents

10:30:11 have lived in for over 40 years and a home my family has

10:30:15 owned for over three generations is unacceptable.

10:30:17 The club has presented the case and just wants to continue

10:30:20 doing what they have since 1904.

10:30:23 However, there was a time when bands were inside, the party

10:30:28 was temporary and outside bars were an exception.

10:30:30 These things are now the norm.

10:30:32 I want to make this clear.

10:30:33 Tradition is not an excuse to be noisy.

10:30:37 Tradition is not an excuse to violate code.

10:30:40 Tradition is not an excuse in our neighborhood.

10:30:44 I ask that City Council find a solution that would enable

10:30:46 the club to thrive while ensuring neighborhood compatibility

10:30:51 into the future.




10:30:51 My parents have been neighborly for over 40 years, and now

10:30:55 it's time for the club to act accordingly.

10:30:58 These are reasonable requests.

10:31:00 And I feel that everyone in this room would feel the same

10:31:02 way if this were happening in their neighborhood.

10:31:05 Thank you.

10:31:05 (Bell sounds).

10:31:08 >> 9112 south Oregon Avenue.

10:31:18 [Off microphone.]

10:31:21 It's been quite a day.

10:31:22 I had two board meetings in between as well.

10:31:24 With I wrote a letter and I'm standing here to tell you will

10:31:27 that I am in support of both the zoning and the rezoning and

10:31:30 the wet zoning application.

10:31:32 Taken together or singly, they are not seeking to join the

10:31:35 operational practices of the club.

10:31:37 The applications are not going to drive additional traffic

10:31:41 into the neighborhood.

10:31:41 The membership is around 150 families.

10:31:46 Talk about improving the quality of the experience for the

10:31:48 money that we pay to belong to the club, not about drumming

10:31:51 up more members.

10:31:52 The club has been more than conscientious in monitoring its

10:31:55 noise level.

10:31:56 There's a documented including noise meters that are




10:31:59 collected with the results logged every 30 minutes when

10:32:02 there's an event.

10:32:02 There's never been a police report but citation regarding

10:32:07 noise level or alcohol consumption on the property.

10:32:09 The club should be commend commended for where are the

10:32:14 collaboration with neighbors in the community.

10:32:15 As immediate past president historic Hyde Park and my many

10:32:18 years as active citizen in zoning and compliance, I have

10:32:21 never seen this level of true cooperation.

10:32:26 The includes a buffer zone around the property for alcohol

10:32:31 consumption, limited hours for amplified music, speaks to

10:32:34 retain the stables, the parking garage does not include an

10:32:38 event center, it further beautifies the streetscape as green

10:32:42 space, trees, built on the track record of preserving its

10:32:45 grand oaks.

10:32:46 These are all allowable uses, all the allowable uses are

10:32:49 quite specific in the end.

10:32:51 If they wanted to do something more, it requires public

10:32:53 participation, due process and council getting involved

10:32:57 again.

10:32:57 It is not open ended. While I am a relatively new member of

10:33:03 Tampa Yacht Club I use it extensively.

10:33:06 My husband and I go for date night, my kids ride at the

10:33:09 stables, we go to tennis clinics, we swim, and spend an

10:33:15 extensive amount of time researching this application.




10:33:17 And in summary please support us.

10:33:20 I find it to be a respectful business relative to the health

10:33:25 safety and welfare.

10:33:26 It's a neighborly business.

10:33:31 Thank you.

10:33:31 >> My name is Kent Evans, 2504 Tyson Avenue.

10:33:37 I'm a neighbor. I live about as close to the Yacht Club as

10:33:41 anyone can except for the Rankins, and some of the Lykes.

10:33:48 I do want to make clear that you have heard a lot about the

10:33:50 opposing neighbors and such.

10:33:52 Really, there's two groups.

10:33:54 There's the neighbors that live in what I call the Lykes'

10:33:57 compound, and then the rest of the neighbors that live sort

10:34:00 of in the surrounding neighborhood, single-family homes, and

10:34:03 I'm one of them.

10:34:04 And I am one.

10:34:05 Ones that received a lot of mail in a mail campaign

10:34:08 describing what's going to happen to our neighborhood,

10:34:10 because of these club plans.

10:34:12 And I am also a commercial real estate appraiser.

10:34:15 In fact, the city is one of my clients.

10:34:18 And they hire me occasionally on valuation issues.

10:34:23 And it's my job, one part of my job is to read PDs and plans

10:34:29 like that.

10:34:29 And I read the Yacht Club in great detail.




10:34:33 And I can tell you, what was being sent in the mailings and

10:34:39 what's really in that plan are very, very different.

10:34:42 And I just want to say that from those neighbors that I

10:34:47 know, like in the block that I live, the overwhelming -- and

10:34:52 I am saying this under oath -- the overwhelming majority do

10:34:55 support the Yacht Club's plan.

10:34:57 And I just encourage you to support the plan, and I thank

10:35:02 you very much.

10:35:02 >> Good evening.

10:35:08 My name is Susan Mueller.

10:35:10 I live at 5420 Lykes Lane.

10:35:13 I wasn't planning to talk tonight but I wanted to make a few

10:35:18 quick points.

10:35:20 I'm a member of the Yacht Club.

10:35:21 All these people are my friends.

10:35:23 I grew up at the Yacht Club.

10:35:25 I lived on Ballast Point for almost all of my 68 years.

10:35:28 And it isn't the country.

10:35:32 It is a neighborhood.

10:35:33 I walked to Ballast Point school as a little girl in the

10:35:37 third grade.

10:35:40 An elementary school there and there were children living

10:35:42 and going to school.

10:35:44 But I just want to say that the club has met with the

10:35:47 neighbors.




10:35:49 It has made some accommodations.

10:35:53 If these issues had not been raised, those accommodations

10:35:56 may not have been made.

10:35:58 And so I don't think there's any point in finger pointing at

10:36:02 this stage of the game.

10:36:03 I would urge you to consider the four point plan that has

10:36:06 been put forward to protect the neighborhood by limiting the

10:36:11 hours of operation and the hours of outdoor operation, in

10:36:15 particular, because that's how you will control the noise

10:36:17 and the traffic.

10:36:20 Sound carries over water.

10:36:22 We hear it when there's parties at the Yacht Club.

10:36:25 No, we don't call the police on our club.

10:36:27 Because we are good neighbors.

10:36:29 Okay.

10:36:30 And because we don't think the police can do much in time

10:36:35 for us to get a good night's sleep.

10:36:37 I gave a party, a big wedding party last year at the Yacht

10:36:41 Club.

10:36:41 We had 300-plus guests.

10:36:44 We had a band.

10:36:45 We had a ball.

10:36:46 And it was all indoors at the Tampa yacht and country club

10:36:50 and it was a beautiful party.

10:36:53 Thank you for your time.




10:36:54 >> My name is Bobby canto, I have been sworn, and I live at

10:37:06 5,000 south Crescent drive.

10:37:08 I have been there for 20 years. This is my neighborhood.

10:37:10 I know it.

10:37:12 If you will, we have the north side which is Lykes compound

10:37:15 as I heard it referred to.

10:37:18 And in my neighborhood, my daughter's window looks out onto

10:37:22 Ballast Point park, and the Yacht Club.

10:37:25 The Yacht Club are great neighbors.

10:37:28 They have been respectful.

10:37:30 They have been conscientious.

10:37:31 The place is always kept up.

10:37:34 Our problem is Ballast Point park.

10:37:37 And to sit here and to say that this plan is going to

10:37:42 disrupt the neighborhood, effect traffic, these people are

10:37:46 out of touch.

10:37:46 They need to come on a Saturday when Pokemon Go is going on.

10:37:53 That's the problem we have experienced on our side.

10:37:55 The Yacht Club can be accuse them of anything but exemplary

10:37:59 conduct is just unfair.

10:38:00 And I wonder, I got the mailers, too, extreme, intrusive,

10:38:05 commercial?

10:38:05 It's misleading.

10:38:07 And why do that?

10:38:09 I question, what is the agenda?




10:38:11 Why mislead us like this?

10:38:14 I strongly encourage you to approve it.

10:38:17 My dad told me when you -- to me they have been throwing

10:38:23 dirt, and so thank you.

10:38:33 >> Richard park, Jr., 5139 south Nichol, Tampa 363611.

10:38:38 I have not yet been sworn in.

10:38:40 >>HARRY COHEN: If we need to swear anybody in or who came

10:38:48 from downstairs. Also if you are watching downstairs.

10:38:54 (Oath administered by Clerk)

10:38:55 >> I do live in Ballast Point.

10:39:02 You live across the street from the Yacht Club.

10:39:05 I can throw a rock and hit the stable.

10:39:07 I lived there for 15 years.

10:39:09 I am also the president of Crescent Place Condominium

10:39:12 Association.

10:39:13 I have been president for up to four years.

10:39:15 I have been on the board for 14 years.

10:39:17 The one thing I can tell you is that those 14 years, we have

10:39:21 never ever had a resident who said anything to me about

10:39:24 noise.

10:39:25 They have complained about other things, but I can't do

10:39:27 anything about the POKEMON and things like that and they

10:39:33 ever never complained about noise.

10:39:34 I have never had a noise problem with the Yacht Club.

10:39:37 I never heard anything.




10:39:38 I have never been bothered.

10:39:41 My board voted unanimously all six of us in support of the

10:39:45 Yacht Club.

10:39:46 My neighbors, my unit owners, who I polled personally voted

10:39:51 overwhelmingly for the Yacht Club.

10:39:53 I ask you very much to favor the Yacht Club with a positive

10:39:57 decision.

10:39:58 Thank you.

10:39:58 >> Good evening.

10:40:03 My name is Jennifer Galloway, a member of the Tampa Yacht

10:40:06 Club and I'm also a resident of Ballast Point, 5801 -- the

10:40:13 president of my homeowners association, lived there about 12

10:40:16 years.

10:40:16 And my son is going to speak and it is a school night.

10:40:22 Thank you for hearing us tonight.

10:40:23 I just want to say that him also proud to --

10:40:28 >> What is your homeowners association?

10:40:30 >> Town reserve association.

10:40:32 >> You didn't mention it.

10:40:33 >> Sorry about that.

10:40:35 South town reserve.

10:40:38 I am a member of the Tampa Yacht Club and have been since I

10:40:41 was little.

10:40:42 I learned to drive boats by driving my father's boat in the

10:40:45 bay from there.




10:40:46 When my son learned to drive a boat at age six.

10:40:49 It is a wonderful family Yacht Club that provides such great

10:40:53 opportunities to so many family members there.

10:40:55 And it would just be a shame to see them not get the permit

10:40:58 to move forward.

10:41:00 I am proud to say I am the first female fleet captain.

10:41:03 There really enjoyed serving on the board.

10:41:08 And was on the board and we worked through the noise

10:41:10 ordinance.

10:41:13 Noise internal requirements and the decibel readers.

10:41:15 And we worked really hard on that.

10:41:17 And I found as a representative of the board at the time

10:41:20 that it was a great result.

10:41:25 Scott and team worked really hard to make sure it is solid

10:41:27 and I just ask that you support these initiatives and grant

10:41:30 them a in favor of the country club.

10:41:34 Thank you.

10:41:34 >> Hi.

10:41:41 My name is Jay and I am 13 years old.

10:41:44 I have been at the Yacht Club for most of my life.

10:41:47 And I have learned to do many things there, and have a lot

10:41:52 of fun with friends and family.

10:41:58 I would one day like to raise my kids there, too.

10:42:00 Thank you.

10:42:01 >>HARRY COHEN: Thank you very much.




10:42:05 [ Applause ]

10:42:05 >> My name is Teresa cannon, South Westshore Boulevard.

10:42:14 I'm a receptionist at the Yacht Club.

10:42:16 I have been a team member for the last five years.

10:42:18 I retired from the county school district of 36 years.

10:42:21 My mother, and my niece and my granddaughter are there now.

10:42:26 As a receptionist, I am many times the first impression that

10:42:30 many of them, contact for members and their guests as well

10:42:34 as vendors and employees.

10:42:35 The members and my co-workers of the Lykes family, the club

10:42:39 provides a home away from home atmosphere for the members,

10:42:42 the families and guests to relax and socialize.

10:42:45 The club provides us with an opportunity to be a part of a

10:42:48 wonderful organization, and many wonderful tradition.

10:42:53 The Yacht Club is also listened to the concerns of the

10:42:56 members and neighbors.

10:42:57 The Yacht Club is not a commercial establishment.

10:43:00 Only members.

10:43:03 I enjoy my work there and it allows me to bring home a good

10:43:06 paycheck.

10:43:07 But I'm afraid if the applications are not approved, that

10:43:10 may not the case in the future.

10:43:12 So I respectfully ask the City Council to please approve the

10:43:15 application.

10:43:18 Thank you.




10:43:19 >> Good evening.

10:43:34 Maybe I should say good morning.

10:43:36 I'm here to support the Yacht Club.

10:43:40 Serving alcoholic beverage application.

10:43:42 My family and I have not been members as long as many of the

10:43:47 other people who have spoken here.

10:43:50 The club has made a significant impact on us.

10:43:54 It's a home.

10:43:55 And we frequent it very often.

10:43:59 I think I would be aware of any excessive noise and I am

10:44:04 not.

10:44:05 My daughter and my son were so impressed with the club that

10:44:09 they eventually applied for membership and we were fortunate

10:44:13 enough to receive membership in the club.

10:44:14 My daughter is politically active, she travels extensively

10:44:19 in the United States.

10:44:19 But when she comes home, it's a little -- her first comment

10:44:28 is, dad, let's get our friends together and go to the club.

10:44:33 The club is home to her.

10:44:34 I think that's the real value of the club for members like

10:44:37 us.

10:44:37 It's home.

10:44:38 My son who is also a member did not use the club very often

10:44:45 in the last, oh, 10 or 12 months.

10:44:49 That's because he was deployed in a combat zone.




10:44:52 And when he mobilized, in Texas, he called and said, hey,

10:45:01 dad, I'm coming home, sometime in the next couple of weeks,

10:45:04 and we have got to go to the club.

10:45:06 So after 10 months in a combat zone, what he wanted was to

10:45:11 come home to the club.

10:45:14 I'm sure he as well as Mace have experienced loud noises in

10:45:19 our time.

10:45:21 We don't experience that at the club.

10:45:25 What we experience is a real family environment, our

10:45:27 friends, the staff, the management, other members.

10:45:32 It is home.

10:45:32 (Bell sounds)

10:45:33 And I would hate to see anything happen with respect to the

10:45:38 rezoning proposal that would somehow restrict the ambience

10:45:43 that the club has supported my family and others.

10:45:46 >>HARRY COHEN: Thank you for your comments.

10:45:48 Next.

10:45:48 >> Hello.

10:45:52 My name is John Philip.

10:45:54 I worked at the dining room manager at country club for 28

10:45:59 years.

10:45:59 I consider the Yacht Club a family of main.

10:46:02 I started as a busboy.

10:46:04 And now the dining room manager.

10:46:06 I have worked hard to gets that spot.




10:46:10 It allows me to know the members of the family.

10:46:15 The great leadership, the major was a great mentor of mine,

10:46:22 for about 30 years.

10:46:24 He showed me a lot of values, quality, to succeed not only

10:46:28 in the club but life as well.

10:46:29 Also, I grew up at Ballast Point.

10:46:35 My son Quincy at Ballast Point, I played and fished at

10:46:39 Ballast Point pier.

10:46:41 I love the serenity and the peacefulness of the area.

10:46:45 Not only do I live there, I work there.

10:46:48 I want to retire there.

10:46:50 And anything we can do to -- it is a private club, not a

10:46:57 commercial club.

10:47:00 Also, the traditions that we offer to our members.

10:47:11 Thank you very much.

10:47:11 >> Good evening.

10:47:17 Patricia Jenkins, a retired certified industrial hygienist.

10:47:21 I'm very familiar with the noise standard, EPA, and I find

10:47:27 it to be very confusing.

10:47:29 The greatest protection you can give the neighborhood is

10:47:34 time.

10:47:35 Everyone understands how to read a clock.

10:47:37 If you go ahead and give a residential restriction on hours

10:47:40 of operation, it is the easiest, cleanest, matter to protect

10:47:45 the neighborhood.




10:47:45 Thank you.

10:47:46 >> My name is drew Eckhoff and I have a green folder which

10:47:57 means I am supporting the Yacht Club.

10:47:59 The last time I was here this late is when about ten years

10:48:03 ago I think Hyde Park was considering adding condominiums

10:48:07 and various things.

10:48:07 We had a lot of the same discussion.

10:48:10 Most of it had to do with density.

10:48:12 I live a block wherever that area so that's why I was here.

10:48:15 This isn't that type of issue.

10:48:17 I can tell you as a member of the Yacht Club, if I had any

10:48:21 inclination that this was going to be taken advantage of in

10:48:25 a way that would adversely affect the neighbors because of

10:48:28 my experiences coming here before and having that type of

10:48:31 experience, I likely wouldn't support that.

10:48:35 I can empathize with the neighbors that are there.

10:48:37 You are never going to have a perfect situation but the

10:48:40 members here of this club drive what happens at the club,

10:48:44 and I think what you will see and what the record has shown

10:48:47 is that very responsible with its behavior and we intend

10:48:53 doing that in the future.

10:48:54 I thank you and hope that you support the Yacht Club's

10:48:57 proposals.

10:48:57 >> My name is Cindy Murphy Thomas.

10:49:06 My husband Michael Thomas is a former commodore and I have




10:49:09 lived within 50 feet of the Tampa Yacht Club for over 30

10:49:12 years.

10:49:13 The Yacht Club has always been a good neighbor and an asset

10:49:16 to the Ballast Point community.

10:49:18 None of the noisy neighborhood.

10:49:21 We have never encountered any problems whatsoever from

10:49:25 parties or activities.

10:49:27 I know the Yacht Club wants to keep Ballast Point a nice

10:49:30 quiet neighborhood and see the applications as sensible

10:49:34 planning and therefore I enthusiastically support both

10:49:38 applications.

10:49:38 There's one thing I want to say about residential at 11:00.

10:49:43 If purchase everything a weddin' or a party, I got 11:30

10:49:48 which some of the parties I believe have to stop, and we

10:49:52 have the sound meters.

10:49:55 I don't hear it on the street. I don't know what they hear

10:50:01 on the water but I don't hear it and I think you can still

10:50:03 get a good night's sleep after 11:30 at night.

10:50:06 And they have always been very respectful, and also when

10:50:10 they talk about the liquor license and being able to have

10:50:13 liquor, why do you need it?

10:50:16 Well, I play tennis and I think it's nice to sit on the

10:50:19 porch with my tennis players and have a wine cooler or have

10:50:21 a bare.

10:50:22 And it's not that it's going to be multiple parties going




10:50:25 on.

10:50:25 That's not going to happen.

10:50:26 Never has.

10:50:27 It's not the situation at all.

10:50:30 Thank you for your consideration.

10:50:31 >> I'm Bo Harry.

10:50:40 I live at 5210 Interbay at the BRIGANTINE, the neighbor to

10:50:48 the north.

10:50:49 And I have been the president of the association for most of

10:50:50 the last ten years.

10:50:55 With when I talked to the other eight families that live

10:51:01 there, there have been no issues in the last ten years.

10:51:04 So we are about directly across the street from the stables

10:51:07 and about 200 yards from the front gate.

10:51:11 Problem one has not occurred.

10:51:12 So I'm empowered by the board at the BRIGANTINE to offer our

10:51:17 endorsement for both plans.

10:51:19 Thank you very much.

10:51:20 >>HARRY COHEN: Thank you.

10:51:23 >> George Stafford, 709 south Willow Avenue, tan.

10:51:31 I want you to know there are still dozens and dozens of

10:51:34 people downstairs in the Vrooms that are here in support of

10:51:36 the Tampa Yacht Club's zoning proposal and liquor license

10:51:40 proposal.

10:51:41 But I am going to make your night.




10:51:42 Because they do not want to come up and get in line.

10:51:45 But they do wanted you to know that they are down here, they

10:51:48 are here in moral support, including several non-members.

10:51:51 Thank you.

10:51:56 >> I'm Don Barnes, and I'm not a member of the Yacht Club

10:52:00 but I am the executive officer for ye mystic Krewe

10:52:04 Gasparilla and I want to take a second and talk about the

10:52:06 unique relationship between the Tampa Yacht Club and Ye

10:52:10 Mystic club.

10:52:13 Both were established from 1904.

10:52:15 Both comprised of some of the leading citizens of the City

10:52:17 of Tampa.

10:52:23 Currently, we boast fourth generation members who grew up on

10:52:29 the grass going behind the Tampa yacht and country club

10:52:32 watching the fathers and their grand fathers getting ready

10:52:36 to invade this great city, but they were formed for the same

10:52:40 reason, to support and promote the City of Tampa, what began

10:52:42 in 1900 when the population of Tampa was only 16,000 people.

10:52:48 They said Tampa yacht and country club and ye mystic krew of

10:52:52 Gasparilla came up with a way to support this city.

10:52:56 They had 50 pirates riding into the city on horseback from

10:53:00 the Yacht Club, turned into an event that's participated by

10:53:04 20,000 individuals and seen by half a million people around

10:53:07 the world.

10:53:09 Ye Mystic Krewe couldn't do this without the enormous




10:53:12 partnership of Tampa yachted and country club.

10:53:15 Over the years we held over 1200 events and held eleven

10:53:19 afteryear.

10:53:20 We lost the site for officials luncheon where hundreds ever

10:53:25 people came out and we honor them whether they are

10:53:28 firefighters, civil service members that are supporting.

10:53:31 It's just a wonderful relationship.

10:53:32 And I'm so very proud to stand before you here today and

10:53:36 highlight some of the great support and tell you that with

10:53:38 your support, the relationship that we have forged for over

10:53:41 a century can continue for a century.

10:53:46 Thank you.

10:53:46 >> I'm Jim hoffen, prospect road.

10:53:52 I have been sworn.

10:53:53 I'm a club member and fortunate to be in leadership of the

10:53:56 club.

10:53:56 As a number of my family members.

10:53:59 Two relevant points to make tonight.

10:54:01 One of those, my father who has been the architect of the

10:54:04 club since 1950s, many of the drawings you talked about he

10:54:08 drew.

10:54:09 Many improvements that he talked about he designed.

10:54:11 He's focused on keeping those.

10:54:13 He couldn't be here tonight.

10:54:14 But in keeping with the neighborhood and the tradition of




10:54:16 the club.

10:54:18 I have the privilege now of being chair of the master

10:54:20 planning committee for the club.

10:54:22 And we do have some plans that hopefully we will be able to

10:54:24 go forward after tonight's meeting.

10:54:26 And I can assure you that those plans are going to be in

10:54:29 keeping with what has been out there for the many years that

10:54:33 the club has been in existence.

10:54:34 Those improvements that have been made, and appropriate

10:54:36 scale and tradition with the neighborhood.

10:54:38 So thank you.

10:54:39 >>LISA MONTELIONE: Sir?

10:54:49 Come back.

10:54:51 So if you are the chair of the planning committee, and you

10:54:56 mention that some of those plans if this were to be approved

10:55:01 would come to fruition, and that they were in keeping with,

10:55:05 you know, tradition, it would be really helpful if maybe you

10:55:09 shared some of those plans with us.

10:55:11 >> Sure.

10:55:11 I would be happy to if you would like me to.

10:55:13 >>LISA MONTELIONE: Just don't tap too long.

10:55:15 >> No, I won't.

10:55:16 I won't.

10:55:18 (Laughter)

10:55:18 The plans we are focused on are what we call our upland




10:55:23 plans.

10:55:24 We substantially have redone or Marina.

10:55:28 If you ever seen that, it's still in progress.

10:55:30 We are desperately in need frankly of the last improvements

10:55:35 played to our clubhouse were almost 25 years ago.

10:55:37 And we need to expand some of the uses and change some of

10:55:41 the uses within our clubhouse.

10:55:44 We have two larger areas for formal dining.

10:55:48 Not enough areas for family and informal dining.

10:55:52 We want to switch some of those things around.

10:55:54 Our members, if you see on the north side of the plan,

10:55:57 there's an expansion up towards that oak tree we have been

10:56:00 talking about.

10:56:01 That's to expand the room that has become a very popular

10:56:06 dining room area for our members.

10:56:08 That was originally designed just as a cocktail lounge.

10:56:10 And our adult members very much want to expand that use.

10:56:15 We also do have the outside pavilion, Marina bar area.

10:56:20 It's been shown.

10:56:22 That's in keeping with a desire particularly amongst many of

10:56:25 our members including family members that want more access

10:56:29 to the outside that we have there, and the great view we

10:56:32 have, and frankly the Marina, we fixed it up, we are taken

10:56:37 down the sheds.

10:56:38 It's a very nice place to be.




10:56:39 >>LISA MONTELIONE: [Off microphone.]

10:56:43 >> Well, I am not as familiar with the sail pavilion but to

10:56:50 take advantage of the outside area.

10:56:52 It would be an open area -- air area.

10:56:55 It does contemplate some televisions.

10:56:57 I think the contemplation there, though, is those would have

10:57:01 to be turned up and be a place where people could gather and

10:57:04 be outdoors.

10:57:05 Those are the maker major things that we have talked about.

10:57:07 We also have talked about it was a concern about traffic.

10:57:12 Reworking substantially our loading dock areas, our kitchen

10:57:16 delivery areas so that we can get trucks offer the street,

10:57:18 and ingress-egress particularly on the north side of the

10:57:23 club for members at Ballast Point, the gate areas coming in

10:57:26 and out of the club L will be much better in terms of

10:57:28 getting traffic in and out off Interbay.

10:57:32 So those are some of the things we have talked about.

10:57:33 >>YVONNE CAPIN: Are these changes within the footprint that

10:57:38 is there now?

10:57:40 Or are you adding?

10:57:42 >> Yes and no on the footprint.

10:57:45 The footprint would be expanded to the north -- I'm sorry I

10:57:48 don't have the square footage out toward the tree that we

10:57:51 have talked about.

10:57:53 There would also be the Marina bar that's talked about in




10:57:57 the outdoor pavilion area that's outside.

10:58:01 Those are the two significants expansions of the clubhouse

10:58:03 footprint, if you will.

10:58:05 >>YVONNE CAPIN: And all the others are within the

10:58:08 footprint?

10:58:10 >> A lot of swapping around with the footprint.

10:58:16 And there are would be -- thank you there.

10:58:18 Would be on the south side, there would be some expansion.

10:58:23 There are some offices and some restrooms.

10:58:25 The restrooms have to be reworked on the south side of the

10:58:28 club to comply with the Americans with Disabilities Act.

10:58:31 And so there would be modest expansion.

10:58:35 It's what's being shown I think in the pink areas of the

10:58:38 plan that you all have.

10:58:39 >>YVONNE CAPIN: All right.

10:58:43 >> I hope that's helpful.

10:58:45 >>YVONNE CAPIN: Yes, it is.

10:58:46 >>HARRY COHEN: Thank you very much.

10:58:47 Next speaker.

10:58:48 >> I'm a member of the Yacht Club.

10:58:53 I have been sworn in.

10:58:54 I'm at 5107 south Nichol street.

10:58:57 We walk to the Yacht Club.

10:58:58 We really have found them to be extraordinary neighbors.

10:59:02 21 years ago, when we lived off of Bayshore, the City of




10:59:05 Tampa sent me to the Yacht Club to be see what they were

10:59:08 doing to save that oak tree that you are still talking

10:59:11 about.

10:59:12 They were one of the first places to do the drain in the

10:59:15 driveway area to help the root system of the tree.

10:59:19 So I think the Yacht Club, I walk by there just about every

10:59:22 single day.

10:59:23 With all the traffic that they have, they are maintaining

10:59:27 it, they are great neighbors.

10:59:28 I haven't had a problem with noise.

10:59:29 But one of the things that I have had to handle, and my

10:59:34 townhouses, they were built in the 80s, but I did have to

10:59:39 upgrade and put in better doors and windows that had good

10:59:44 sound protection, not because of the Yacht Club but the

10:59:47 noise from Gandy and the planes from MacDill. But

10:59:49 that's just because the area has grown tremendously.

10:59:52 I don't think that everyone realizes that south of Gandy

10:59:55 looks really good now.

10:59:56 But it didn't.

10:59:57 This Yacht Club has been there for 100 years.

10:59:59 I left some of the those initial pictures.

11:00:02 But if looked at the Yacht Club, the Ballast Point area in

11:00:06 the sixth, 70s, 80s, I want to thank the Yacht Club for

11:00:11 anchoring this area during some real depressed times when

11:00:15 that market was not so wonderful.




11:00:16 Right now Ballast Point has a horrible, horrible problem

11:00:19 with Ballast Point, the POKEMON situation.

11:00:24 Thank you very much.

11:00:25 (Bell sounds)

11:00:29 I guess I have to wrap up.

11:00:31 Thank you.

11:00:31 >> Good evening.

11:00:32 Thank you.

11:00:33 Andrew galaveze, I have been sworn in, west San Nicholas,

11:00:39 33629.

11:00:42 I am in favor of approval of the Yacht Club.

11:00:44 I have been a member for a number of years.

11:00:46 My wife third generation.

11:00:49 Actually got married there outdoors.

11:00:51 It was a wonderful time.

11:00:52 The tent was taken down the next day.

11:00:55 I have also been to plenty of outdoor weddings at Palma

11:00:58 Ceia, women's club, Davis Island, et cetera, et cetera.

11:01:02 In listening to opposition tonight, they are contained of

11:01:06 basing everything on hypotheticals.

11:01:08 They say that we are creating Gasparilla 365 days a year.

11:01:13 Or are open to that.

11:01:16 If you look at our track record for 112 years.

11:01:19 We haven't done that.

11:01:20 We only do it once a year.




11:01:22 If you look at the variance, they are asking that we are

11:01:27 shrinking that.

11:01:28 We are not shrinking that.

11:01:30 We are actually wanting to do what we have always done.

11:01:34 They say that we are creating a new SoHo.

11:01:38 I don't think anyone in here is going there tomorrow night

11:01:43 so I can certainly say we are not a Howard crowd.

11:01:47 They are saying that we are increasing the trip counts by

11:01:51 1500.

11:01:52 I know personally my wife and I, even if we have a new bar

11:01:57 outdoors, we are not going to bring our 20 month old to the

11:02:00 bar and hang out because there's a new bar.

11:02:03 We simply bring our child to the pool, to learn how to swim,

11:02:07 and have fun with him, whether there's a bar or not we are

11:02:10 going to be there.

11:02:11 Thank you.

11:02:13 I appreciate your time.

11:02:14 >> Patrick Willis, 2908 west Villa Rosa park, a couple

11:02:22 blocks north of Ballast Point.

11:02:24 But still in the neighborhood regularly.

11:02:27 I am a member of the Yacht Club, and in support of their

11:02:29 application.

11:02:31 You know, it just seems to me that the misconceptions sorted

11:02:34 of continue to be perpetuated even here tonight, some new

11:02:37 ones came up.




11:02:39 But again, the size of the drinking request isn't because we

11:02:45 want to have a party on 13 acres every night.

11:02:48 The size is that if I am walking from the pool to go check

11:02:52 on my nephew, who is 13 and at the playground or my niece

11:02:56 who is 10 and at the playground I don't wanted a police

11:02:59 officers to be able to cite me because I walked to the

11:03:01 playground to collect on someone who is old enough to be

11:03:05 there and play on their own.

11:03:07 Same with the stables.

11:03:07 Same with the tennis courts.

11:03:09 We are not having rages on the tennis courts.

11:03:14 We are going to have a beer maybe when we finish tennis.

11:03:19 We want to comply with the law so some of us are just old

11:03:22 enough to be passed being the South Howard crowd, that we

11:03:27 are not the SoHo Gasparilla every night crowd.

11:03:30 Actually some of the older members are still in the South

11:03:32 Howard crowd.

11:03:35 It was also characterized that our board has no continuity

11:03:38 in the leadership an the club has no continuity.

11:03:41 That was said several times.

11:03:42 And I happen to be the intermediate liaison to the board so

11:03:46 represent the members, 37 and younger.

11:03:48 I have been amazed by the continuities on the board.

11:03:50 The board members before your commodore here on the board

11:03:53 for five or six years.




11:03:55 So there is amazing continue knot on the board.

11:03:58 So I want to say that.

11:03:59 Finally just in closing, we joined the Yacht Club for the

11:04:02 tennis, for the he quested ran, for the trees, the oak

11:04:06 canopy, the beauty of the neighborhood.

11:04:08 And as this continuity on the board continues, and as this

11:04:13 club gets passed down from the -- shall we call them the

11:04:17 more experienced members to the less experienced members, we

11:04:21 intend to maintain the partnership between the neighborhood

11:04:25 and the club and maintain the beauty of that neighborhood

11:04:27 that is paramount to us to the younger members.

11:04:32 Thank you.

11:04:32 >> Paul Schmitt is the Stein, Tampa.

11:04:38 I have been sworn in.

11:04:39 My wife and I, 33 years ago this month, celebrated our

11:04:44 wedding and our reception was held at Tampa Yacht Club.

11:04:48 Her parents had their reception at Tampa Yacht Club before

11:04:50 that.

11:04:51 And my daughter last November had her wedding reception

11:04:54 there as well.

11:04:56 I am not here to take you on a trip down memory Lane.

11:05:01 My point is that the Yacht Club is very serious about the

11:05:05 sound issues, that before she could have her wedding

11:05:08 reception, I had to sign a form saying you will comply with

11:05:12 all sound ordinance issues, as well as having the band that




11:05:15 performed sign the same form.

11:05:17 We both agreed that if we violated that, each could be find

11:05:23 up to a thousand dollars.

11:05:24 So the Yacht Club is very serious.

11:05:26 My son and future bride had their wedding recension there

11:05:31 next February so we'll go through the same process again.

11:05:33 So I am just hear to reaffirm the Yacht Club is serious

11:05:37 about the sound issue.

11:05:38 Thank you for your support.

11:05:39 >> Bob Martinez, 4647 west San Jose street, Tampa, Florida.

11:05:49 I'm a member but don't live near the club and I don't have a

11:05:52 budget to present to the City Council.

11:05:55 (Laughter)

11:06:01 I think you heard some wonderful statements from people very

11:06:06 respective of their neighborhood from both sides of the

11:06:09 issue.

11:06:10 I don't think there's anything left out that should be said

11:06:12 here tonight.

11:06:14 What I would like to spend time on is that field behind you

11:06:17 that I have been living in for the last several hours

11:06:24 created a great city.

11:06:25 Oddly enough, Port Tampa got a city charter.

11:06:29 17 years later, the Yacht Club was born.

11:06:33 In essence, the Yacht Club and the city have grown together.

11:06:37 It's been a partnership that we both are as a city, as a




11:06:42 recreational area.

11:06:44 It has great leadership. Always has.

11:06:46 The bulk of the people that belong there are in love with

11:06:49 the city.

11:06:51 Most -- not most but tremendous numbers are mates.

11:06:56 Many of us involved in one community organization or

11:06:59 another.

11:06:59 We always respect the city, respect the City Council,

11:07:02 respect the mayor of the City of Tampa.

11:07:05 There's no desire for us as a club to do anything outside of

11:07:08 the law.

11:07:09 But we lake is being in compliance with law.

11:07:13 And that's what this whole thing is about.

11:07:15 What we have been doing in the past, we have been doing for

11:07:18 over a hundred years.

11:07:19 And over that 100 years, there has been no, absolutely no

11:07:24 complaint about what's been happening there.

11:07:28 I think to codify what's happening over all these years

11:07:32 simply puts us under the auspices where we can better

11:07:35 regulate, notice what the rules are.

11:07:37 We know what the rules are and I think all of you will be

11:07:41 much happier.

11:07:42 Thank you.

11:07:42 It's a late night for you. It's a late night for me as

11:07:46 well.




11:07:46 Thank you.

11:07:46 >> Good evening, ladies and gentlemen of the council.

11:07:51 I have three minutes to try to talk very quickly.

11:07:56 My name is John C. Kim he will and I reside at 3013 west

11:08:01 Hawthorne road Tampa 33601.

11:08:03 I was commodore from May of 2014 to May of 2014 when all of

11:08:10 this was getting started, and served on the board of

11:08:13 governors for six years prefer to be that and still on the

11:08:15 board today two years later.

11:08:18 So I have going on nine years of service, and argued that we

11:08:24 do not have continuity.

11:08:27 After all that you heard this morning you may be wondering

11:08:29 if all we need is just a little bit more time to discuss

11:08:32 this issue or maybe if we could just give a little bit more

11:08:36 that we would be able to work out a solution.

11:08:38 I can assure you that we have spent countless hours, and

11:08:41 more time or more will accomplish absolutely nothing.

11:08:47 We have been bent over backwards three years and exhausted

11:08:52 every conceivable approach we as neighbors no matter what we

11:08:55 offered it was never enough.

11:08:57 For each new solution the goal posts were moved further

11:08:59 away. In mid April last year after almost a year of

11:09:03 negotiation as group of us met with are Mr. Rankin and his

11:09:06 attorney for over six hours.

11:09:07 I was nearing the end of my term as commodore, wanted to be




11:09:10 a good neighbor while representing the very reasonable needs

11:09:12 of our membership and really wished to put all of this

11:09:16 behind us.

11:09:16 The meeting ended with a draft document just over four pages

11:09:19 long but handshakes all along me thinking, hoping we had

11:09:25 finally reached an agreement.

11:09:28 I gave my board of governors a high degree of optimism that

11:09:32 issues had been resolved.

11:09:33 When we received a where he write of the agreement under the

11:09:35 guidance of their attorney who is frankly the real

11:09:38 instigator and culprit behind much this colossal waste of

11:09:43 time and energy, a four-page document and more than tripled

11:09:46 in length with grocery overreaching demands, in the spirit

11:09:50 of cooperation we were happy to accommodate to the realm of

11:09:55 dictating what type of movie we could play for our children,

11:09:58 on move night by the pool.

11:10:00 We indicated everything -- we would abide with more than a

11:10:04 few concessions but they would not accept it.

11:10:07 As their attorney said --

11:10:09 >>HARRY COHEN: You are out of time but you can turn the

11:10:12 statement in and it will become part of the record.

11:10:13 >> Thank you very much.

11:10:14 >>HARRY COHEN: All right.

11:10:16 >>HARRY COHEN: If you like you can hand to the Mr. Shelby.

11:10:22 >> Truett Gardner, north Ashley drive.




11:10:24 I had the privilege coming before you for 18 years as a land

11:10:27 use attorney and am before you tonight in a different

11:10:29 capacity.

11:10:29 This is my fifth year on the club's Board of Directors and

11:10:33 hear on behalf of the alcohol and zoning petitions.

11:10:35 I have been intimately involved with zoning efforts for

11:10:38 three years and now with three different commodores, John

11:10:41 Tim he will, Arthur savage and.

11:10:45 The priorities of the board have always been the same.

11:10:47 Number one, protect the club and its operations.

11:10:50 Number two, pursue a modest expansion that will allow us to

11:10:53 better serve our current members and continues to attracted

11:10:56 new members.

11:10:56 And number three, as representative of the club, conduct

11:11:00 ourselves with integrity and show a willingness to work with

11:11:03 our neighbors.

11:11:04 Working closely with these three commodores each of whom has

11:11:08 a different personality we have never wavered from these

11:11:12 priorities especially our desire to try to accommodate any

11:11:14 questions or concerns.

11:11:15 In fact the reason it has taken us three years to gets to

11:11:18 this point is because we devoted our time to work with our

11:11:21 neighbors.

11:11:23 We have had countless meetings with neighborhood and

11:11:24 homeowners associations and we are proud that these




11:11:28 associates have spoken in support of us.

11:11:30 We worked through today and are happy to reported that we

11:11:33 have satisfied Lykes brothers incorporated concerns.

11:11:36 We are down to a small handful of people who still oppose us

11:11:40 and quite frankly we have worked harder and longer to try to

11:11:43 appease them than anyone else combined.

11:11:46 There are so many accommodations in our site plan, the most

11:11:51 complicated site plan I have ever been a part of.

11:11:54 (Bell sounds)

11:11:56 The four point plan is simply overreaching.

11:11:59 We just agree to a reduction of the alcohol area and I in

11:12:04 conclusion this this hardest and most difficult outreach

11:12:09 effort I have ever been a member of.

11:12:11 While I feel we have been like 99% successful we simply

11:12:15 cannot appease the remaining 1%.

11:12:17 While this is the disappointing I have complete respect for

11:12:20 this council and its ability to properly weigh these things

11:12:23 and arrive at a conclusion for the Yacht Club and as well as

11:12:29 for the community as a whole.

11:12:30 Thank you.

11:12:31 (Bell sounds)

11:12:32 >> Good evening.

11:12:37 My name is Jim, saint Croix drive.

11:12:43 I am speaking as I was sitting here, it probably appears for

11:12:46 the last 35 years before this group.




11:12:50 Many things have changed.

11:12:51 The only thing that hasn't is Charlie Miranda is still here.

11:12:54 (Laughter)

11:12:55 Same hair-do, Charlie.

11:12:59 You know, I want to commend the council.

11:13:02 Many of the changes that we see around, every one of them

11:13:07 want great improvements in this community.

11:13:09 Every one of them had to come before this board and be

11:13:12 improved.

11:13:12 And there was always opposition.

11:13:14 There's going to be opposition to progress wherever we have

11:13:17 it.

11:13:18 And I was thinking back when I did my first zoning, and the

11:13:24 name is always going to come out.

11:13:26 I remember sitting there with Tom Henderson, our lawyer and

11:13:30 one of the neighbors came in.

11:13:32 We said maybe we are going to have some opposition.

11:13:34 Maybe our project will be killed.

11:13:37 The name was Bobby Elliott, president of Jesuit high school,

11:13:44 and revered in the community.

11:13:46 And he stood up.

11:13:47 We didn't know hundred he was going to testify.

11:13:49 And he said, I speak in behalf of the society of Jesus.

11:13:55 Had to bring God into it.

11:13:57 But at any rate, Father Elliott said, I'm a neighbor, we own




11:14:04 a lot of property downtown.

11:14:05 And I don't know how it's going to affect our property.

11:14:10 But what they are doing is in the best interest of the

11:14:12 community.

11:14:13 I would ask you to follow the advice of Father Elliott and

11:14:17 do what's in the best interest of the community.

11:14:20 Thank you so much.

11:14:20 >>HARRY COHEN: Thank you.

11:14:23 And to what I can see, that is the end of our public comment

11:14:28 on this matter.

11:14:29 And we thank everyone who took the time to speak to us about

11:14:32 it tonight.

11:14:33 Councilwoman Capin, you asked for the floor.

11:14:35 You have some questions.

11:14:36 >>YVONNE CAPIN: Yes, about the outdoor amplification.

11:14:39 And most people know how I feel about outdoor amplification.

11:14:43 So if the question could be answered.

11:14:46 Apparently, it seems to be the hours are not prohibited.

11:14:54 What I wanted to ask, one of the things that has been

11:15:01 considered in other places is whereby they adjust the

11:15:04 speakers so that they are not facing toward a neighborhood

11:15:10 or toward an open area, and that helps a lot.

11:15:14 I'm just wondering if that's something that you all have

11:15:18 considered.

11:15:23 That is resounding -- you know, with the people who support.




11:15:30 >> Yes, ma'am.

11:15:31 I think I can probably address some of the issues in my

11:15:33 rebuttal.

11:15:34 I assume that we have approximately 10 minutes in rebuttal.

11:15:37 >>HARRY COHEN: You will have rebuttal.

11:15:40 At the end. But we are going to go to council members

11:15:43 questions first.

11:15:43 >>YVONNE CAPIN: But you haven't answered.

11:15:49 >> I have an expert on that.

11:15:57 What that letter says is there are four or five different

11:16:01 ways you can solve a noise problem, orient your speakers,

11:16:04 turn down the volume, build structures around it, it

11:16:12 automatically regulates.

11:16:13 There's a variety of things that can be done.

11:16:15 You can tell by this letter the Yacht Club is looking into

11:16:18 the kinds of things we can do.

11:16:21 We do not have an option.

11:16:22 I cannot stress that more emphatically.

11:16:25 We have to comply, and we will comply.

11:16:27 And we are getting an expert to assist us and we will do it.

11:16:33 And I will wait for my rebuttal.

11:16:35 >>YVONNE CAPIN: Yes.

11:16:38 That 55-decibel.

11:16:42 That was just my concern, and what was said about adjusting

11:16:47 the speakers would probably work very well.




11:16:49 >>HARRY COHEN: Anything else from council members before we

11:16:55 go to the applicant's rebuttal?

11:16:57 Mr. Miranda.

11:16:58 >>CHARLIE MIRANDA: Chairman, I just wanted, we will receive

11:17:01 this and I want to make sure that the young lady, the

11:17:03 attorney representing, I guess, the Lykes brothers, without

11:17:08 objection, with changes made between first and second

11:17:11 reading, if anyone on was anyone privy to this on city

11:17:17 staff.

11:17:33 >>HARRY COHEN: Anyone else before we go to the applicant's

11:17:35 rebuttal?

11:17:36 All right, Mr. Smith.

11:17:40 >>DAVID SMITH: I would like to request to receive and file

11:17:42 this which is a letter.

11:17:50 He's a traffic engineer that does much work in this area.

11:17:53 He basically supports your staff.

11:17:54 Your staff has said there's not a traffic analysis

11:17:56 necessary.

11:17:57 They provided the analysis pursuant to the ITE rates.

11:18:00 Randy's analysis corroborates that.

11:18:03 You heard a lot of things said.

11:18:05 I do not have time to disabuse you of all the mistaken

11:18:09 notions that occurred. But what I wanted to do is tell you

11:18:12 what happens and why this came about this way.

11:18:14 I think I finally understand.




11:18:16 The original application clubhouse submitted, we weren't

11:18:19 interested in rezoning the eastern portion of the property.

11:18:22 That portion from the western boundary of the clubhouse to

11:18:25 the water.

11:18:27 That's where we thought was the appropriate area.

11:18:30 But guess what.

11:18:31 When we sat and talked to your staff, Gloria Moreda who is

11:18:35 incredibly bright goes, what happens when your guy walks out

11:18:38 to the boat with his beer?

11:18:40 He's violated the open container law.

11:18:41 Why don't you include that in your application?

11:18:43 Oh, what happens when a person walks out to watch a match

11:18:49 with somebody else, also the open container law.

11:18:53 It was suggested to us we consider wet zoning, excuse the

11:18:56 term, 18.77 acres.

11:18:59 Yes, that included the water.

11:19:00 Are we really going to swim in the water and drink?

11:19:02 No.

11:19:03 Are we going to drink in the parking lots?

11:19:05 No.

11:19:05 We are not allowed to.

11:19:06 So the point was to avoid creating problems for our

11:19:10 neighbors so they would not be in violation of the law, if

11:19:13 they happened to take their bloody Mary from lunch to go

11:19:17 over to see Becky sue in the playground.




11:19:21 So what you got was an expense of application.

11:19:25 Is it really expansive use of the property?

11:19:26 No, it isn't.

11:19:27 And everybody knows that.

11:19:29 I also provided you in my record a history of what we have

11:19:32 done.

11:19:33 You will look in the history portion.

11:19:35 Now I have three different Yacht Clubbers.

11:19:40 The same Yacht Club hours as the 2016, and like 12 or 12:30,

11:19:46 10:00 or whatever it was during the week, yeah, the law

11:19:49 allows us to stay open till 3:00.

11:19:51 We don't do that.

11:19:52 So at some point in time, you have to factor in a little bit

11:19:55 of understanding of the people you are dealing with.

11:19:58 The neighbors need to factor that in as we do with them.

11:20:02 Mr. Rankin is right, he's entitled to a quiet house and we

11:20:05 are going to have to do that.

11:20:06 But they need to exercise some common sense as well.

11:20:11 For 112 years.

11:20:12 Granted the footprint has changed. We haven't done the

11:20:15 kinds of things they are talking about.

11:20:16 The one issue mentioned about somebody who put a public

11:20:19 advertisement out for -- by the way, a Sinatra party, the

11:20:24 man was sanctioned.

11:20:25 It was not proper.




11:20:26 He jeopardized our 501 (C) 7 license, to come to a Sinatra

11:20:33 party.

11:20:33 You can't do that.

11:20:35 Guests can invite their friends but you can't submit it to

11:20:39 the public at large.

11:20:40 That would violate our obligations. So we are not going to

11:20:44 are be and do not intend to be a commercial event center.

11:20:49 We just don't want our members to violate the law when they

11:20:52 walk from one area of the property to the other carrying a

11:20:56 beer, going out, checking on their boat, whatever it is they

11:20:58 are doing.

11:20:59 Yes, it's a big piece of property.

11:21:00 Our original application, by the way, was for two and a half

11:21:04 or whatever acres it was east of the facade.

11:21:07 And we said, give us 10 or 12 temporary permits on the west

11:21:10 side because we have events periodically.

11:21:14 That wouldn't work.

11:21:14 They didn't realize there was beer in the tennis facility so

11:21:17 we needed to at least wet zone that.

11:21:19 But he will what happened.

11:21:21 By talking with the Lykes brothers, people immediately to

11:21:23 the south, we are shrunk the area on the west side, what we

11:21:27 call parcel 1.

11:21:28 It serves an area around the equestrian center where people

11:21:32 gather and maybe sip mimosas and champagne and a riding




11:21:39 event and people who gather after a tennis event.

11:21:42 This is not the raucous wild-wild west.

11:21:45 This is a private country club doing what private country

11:21:48 clubs do and doing what this one has done for 112 years and

11:21:52 protecting the members by providing an application.

11:21:54 Yes, on its face it looks expansive.

11:21:56 And what we have heard is the objective intensification.

11:22:00 You can argue that.

11:22:01 And you heard that argument.

11:22:02 But at some point you have to temper that with an

11:22:05 understanding of the nature of the people you are dealing

11:22:07 with, the character they have evidenced over 112 years, and

11:22:12 the way they behave day to day and night to night.

11:22:15 And that's not the kind of behavior that exists out there.

11:22:18 And I ask you to take that into account and approve these

11:22:22 applications so that the club can move forward with what

11:22:25 they are doing.

11:22:25 I'll tell you one other thing about the little improvement

11:22:28 in the restaurant area.

11:22:29 I have seen that area.

11:22:30 It's one of those things when you stand up you can't move

11:22:33 from the table without bunching somebody at the next table.

11:22:35 They need to expand that area so it functions a little

11:22:38 better, as a casual dining experience. Sorry for the

11:22:41 graphic description.




11:22:44 But it's been amazing to me.

11:22:46 I'm being paid to do what I do.

11:22:48 These people are not.

11:22:49 They work day and night.

11:22:51 I get e-mails all the time.

11:22:53 I get it on the weekends.

11:22:59 Steve works in an automobile business.

11:23:01 They work their jobs, and they are still communicating with

11:23:04 me like they are doing my job.

11:23:06 This is a commitment to an organization and to a club that I

11:23:09 have never seen before.

11:23:11 It's an admirable commitment.

11:23:13 And I hope that you honor that, and you will provide them

11:23:16 the approval that they need in order to make it move forward

11:23:21 in the future.

11:23:22 Thank you very much.

11:23:22 If you have any questions I am happy to answer.

11:23:24 >>HARRY COHEN: Councilman Montelione.

11:23:32 >>LISA MONTELIONE: Thank you.

11:23:34 You have agreed to the proposal that is presented a few

11:23:42 minutes ago.

11:23:44 >>DAVID SMITH: Yes, ma'am.

11:23:45 >>LISA MONTELIONE: The only thing -- you have already

11:23:48 agreed to it.

11:23:49 But for me, to be as specific as having an 8-foot or less




11:23:55 walkway connecting the equestrian AB area to the tennis AB

11:24:00 area means somebody wonders off the AB, I mean, just drawing

11:24:06 a rectangle around the whole thing --

11:24:10 >> We had that originally.

11:24:11 We had the rectangle.

11:24:13 And I do not know the inner thought processes of Lykes

11:24:16 Brothers but we agreed to that.

11:24:18 We had the same question you had.

11:24:19 >>LISA MONTELIONE: Two rectangles, one north and south of

11:24:23 each other.

11:24:23 Can't we do one big rectangle?

11:24:26 I mean, that needs to be a little -- I won't use that word

11:24:34 either.

11:24:36 And the DJs and permitted up to four times a year on the

11:24:43 equestrian area, and no amplified bands on parcel one.

11:24:49 DJs can be a lot louder than amplified bands.

11:24:51 >> They can.

11:24:52 We really have two basic events.

11:24:54 I know we have a Halloween party and Christmas party in the

11:24:58 stables.

11:24:58 And there's maybe two others.

11:25:01 But we understand that.

11:25:02 But still, the overriding thing here is we still have to

11:25:07 adhere to the noise ordinance.

11:25:10 >>LISA MONTELIONE: It doesn't seem to matter to me whether




11:25:13 it's an amplified band or a DJ.

11:25:17 It's going to be noise.

11:25:19 It's going to be outside.

11:25:22 And it's going to be four times a year.

11:25:25 >>DAVID SMITH: I can only tell you when you engage in

11:25:27 negotiations of this nature for the duration which we have

11:25:30 been engaged in, you begin to learn people.

11:25:35 You will never understand them.

11:25:36 You won't explain them.

11:25:37 You won't disabuse them.

11:25:40 We have agreed to that not as an ideal solution but as a

11:25:43 solution that they would accept and we could live with.

11:25:46 That's why I would hope that you would support that even

11:25:49 though in many ways it's not ideal.

11:25:51 >>LISA MONTELIONE: Understood.

11:25:53 That's all I have.

11:25:54 >>CHARLIE MIRANDA: Chairman, I just want to make an

11:26:00 observation.

11:26:01 Yesterday we passed a budget of 905 million, almost 906

11:26:08 million.

11:26:09 There was one person that showed up.

11:26:11 (Laughter).

11:26:15 One person spoke.

11:26:23 One person.

11:26:25 I'm really confused.




11:26:27 I understand the issue here.

11:26:29 And I understand the agreements.

11:26:34 Maybe it's not perfect but that's what the two parties

11:26:36 agreed to.

11:26:40 I don't know what else to say, Mr. Chairman, other than if

11:26:44 you are ready to close the hearing so am I.

11:26:46 >>HARRY COHEN: We have a motion to close from Councilman

11:26:50 Miranda, seconded by Councilman Reddick.

11:26:52 All those in favor please indicate by saying aye.

11:26:56 Opposed?

11:26:57 All right.

11:26:57 What is the pleasure of council?

11:26:59 >>LISA MONTELIONE: I'll take the item, sir.

11:27:07 I move an ordinance being presented for first reading

11:27:09 consideration, an ordinance rezoning property in the general

11:27:11 vicinity of 5320, 5321 and 5322 Interbay Boulevard and 5118

11:27:20 south Nichol street in the city of Tampa, Florida and more

11:27:23 particularly described in section 1 from zoning district

11:27:25 classifications RS-60 residential single-family and

11:27:28 residential 150 residential single-family to PD planned

11:27:30 development recreational facility private, providing an

11:27:33 effective date, including the revisions between first and

11:27:36 second reading as suggested by -- as stated by staff and

11:27:39 including the negotiated -- [Off microphone.]

11:27:51 >>HARRY COHEN: We have a motion on the floor from




11:28:02 Councilwoman Montelione.

11:28:04 Seconded by Councilwoman Capin.

11:28:07 All those in favor please indicate by saying aye.

11:28:10 Opposed?

11:28:10 >>THE CLERK: The motion carried with Suarez being absent.

11:28:15 Second reading and adoption will be on October 6th at

11:28:18 9:30 a.m.

11:28:19 >>HARRY COHEN: Councilman Maniscalco, please take item

11:28:24 number 14.

11:28:25 >>GUIDO MANISCALCO: I have an ordinance being presented for

11:28:28 first reading consideration, an ordinance approving a

11:28:30 special use permit S 2 for alcoholic beverage sales, large

11:28:34 venue, consumption on premises only, and making lawful the

11:28:38 sale of beverages regardless of alcoholic content, beer,

11:28:41 wine and liquor, on that certain lot, plot or tract ever

11:28:44 land located at 5320, 5321 and 5322 Interbay Boulevard,

11:28:51 Tampa, Florida, and 5118 south Nichols street, Tampa,

11:28:56 Florida, as more particularly described in section 2, that

11:28:58 all ordinances or parts of ordinances in conflict are

11:29:01 repealed, providing an effective date, as well as the

11:29:06 agreement that's already on record.

11:29:09 >>HARRY COHEN: We have a motion by Councilman Maniscalco,

11:29:14 seconded by Councilwoman Capin.

11:29:16 All those in favor please indicate by saying aye.

11:29:19 Opposed?




11:29:19 >>THE CLERK: Motion carried with Suarez being absent.

11:29:23 Second reading and adoption will be on October 6th at

11:29:25 9:30 a.m.

11:29:26 >>HARRY COHEN: Ladies and gentlemen, we still have a bit of

11:29:35 business to conduct so I would appreciate it if everyone

11:29:37 could leave as quietly as possible.

11:29:42 Mrs. Moreda.

11:29:42 >>GLORIA MOREDA: I talked about the November and December

11:29:45 hearing.

11:29:46 And was curious if council made a decision.

11:29:50 >>HARRY COHEN: What Mrs. Moreda is asking has to do with

11:29:55 our calendar in November and December.

11:29:58 We do not have any alcohol beverage hearings scheduled in

11:30:01 the evening.

11:30:02 And she was suggesting to us that we need to give her a date

11:30:07 that she can schedule the four items that I believe she has.

11:30:11 I was going to suggest December 1st combining them.

11:30:15 Instead of having a November and December, just have one.

11:30:18 Let's have it on December 1st.

11:30:21 Ladies and gentlemen, please.

11:30:22 We have an awful lot that we need to continue to do here at

11:30:25 11:30.

11:30:26 I was going to suggest doing it on December 1st.

11:30:29 We have a day meeting that day.

11:30:31 >>YVONNE CAPIN: So not having another one.




11:30:35 >>HARRY COHEN: Not having another one.

11:30:38 And if that's acceptable.

11:30:39 Okay.

11:30:39 That is moved by Councilman Miranda.

11:30:41 Seconded by Councilman Maniscalco.

11:30:43 All those in favor pleas indicate by saying aye.

11:30:47 Okay.

11:30:47 So we'll do those on December 1st.

11:30:51 We have a motion to receive and file by Councilman Miranda,

11:30:54 seconded by Councilman Reddick.

11:30:56 All those in favor pleas indicate by saying aye.

11:30:58 Opposed?

11:30:59 >>MARTIN SHELBY: Just for clarification, you are setting it

11:31:05 during the day.

11:31:05 >>HARRY COHEN: We set it during the day.

11:31:09 That's correct.

11:31:09 >>LISA MONTELIONE: As part of what's received and file I am

11:31:13 supporting AB memorandum voting conflict from the day

11:31:19 meeting we had last week.

11:31:20 >>HARRY COHEN: We are going to move now to information

11:31:27 reports.

11:31:27 We can go left to right.

11:31:29 Councilwoman Montelione.

11:31:30 >>LISA MONTELIONE: I think I had some but I forgot what

11:31:32 they were.




11:31:32 >>HARRY COHEN: Okay.

11:31:34 We'll take that as a no.

11:31:36 >>LISA MONTELIONE: That's a no.

11:31:37 >>GUIDO MANISCALCO: We finished three and a half hours

11:31:41 earlier than I expected.

11:31:42 >>HARRY COHEN: Councilwoman Capin.

11:31:45 >> No.

11:31:49 >>FRANK REDDICK: No.

11:31:51 >>CHARLIE MIRANDA: None, sir.

11:31:53 >>HARRY COHEN: With that we are adjourned and we will see

11:31:56 you on October 6th.

11:31:59

11:32:37 (City Council meeting adjourned.)





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