TAMPA CITY COUNCIL
THURSDAY, SEPTEMBER 20, 2018
9:00 A.M.
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9:01:06AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIR.
9:02:40AM THIS MORNING, IT IS MY PLEASURE TO INTRODUCE PASTOR JANE
9:02:43AM HILLMAN McDONOUGH.
9:02:45AM SHE IS THE PASTOR OF JIM CREW, WHO IS ONE OF OUR GREAT
9:02:50AM EMPLOYEES OF THE CITY CLERK'S OFFICE.
9:02:51AM SHE SERVES AS SENIOR PASTOR OF FAITH LIFE CHURCH, WHICH SHE
9:02:56AM FOUNDED IN AUGUST OF 1998.
9:02:57AM PASTOR JANE HOLDS A BA IN ELEMENTARY EDUCATION FROM
9:03:01AM SOUTHEASTERN UNIVERSITY IN LAKELAND, FLORIDA.
9:03:03AM SHE RECEIVED HER CREDENTIALS AS AN ORDAINED UNDER THE
9:03:08AM AUSPICES OF THE ASSOCIATION OF FAITH CHURCHES AND
9:03:10AM MINISTRIES.
9:03:11AM SHE IS ALSO A GRADUATE OF RHEMA BIBLE TRAINING CENTER AND
9:03:15AM HOLDS CREDENTIALS FROM THE RHEMA MINISTERIAL ASSOCIATION
9:03:19AM INTERNATIONAL IN TULSA, OKLAHOMA.
9:03:21AM SHE AND HER HUSBAND JEFF HAVE SONS, STEVEN AND ETHAN, WHO
9:03:24AM RESIDE IN THE TAMPA BAY AREA.
9:03:26AM THEY ALSO HAVE THREE DAUGHTERS AND FIVE GRANDCHILDREN LIVING
9:03:29AM IN MINNESOTA.
9:03:30AM PASTOR JANE IS KNOWN FOR HER INSIGHTFUL SERMONS AND SPEAKS
9:03:34AM FROM THE HEART AND FAITH OF LIFE CHURCH, A DIVERSE
9:03:37AM MEMBERSHIP.
9:03:38AM WELCOME, PASTOR JANE.
9:03:40AM PLEASE RISE FOR THE INVOCATION AND REMAIN STANDING FOR THE
9:03:42AM PLEDGE OF ALLEGIANCE.
9:03:47AM >> FATHER, WE JUST THANK YOU FOR THIS OPPORTUNITY THAT WE
9:03:50AM HAVE TODAY TO COME BEFORE YOU.
9:03:51AM LORD, WE JUST ASK YOU FOR YOUR WISDOM.
9:03:54AM YOU PROMISED TO SEND YOUR WORD THAT IF WE ASK YOU FOR WISDOM
9:03:58AM YOU WOULD GIVE IT TO US.
9:03:59AM TODAY, WE PRAY FOR OUR LEADERS THAT YOU WOULD GIVE THEM THE
9:04:02AM WISDOM THEY NEED AS THEY DEAL WITH EVERY SITUATION TODAY.
9:04:05AM LORD, NOT ONLY DO YOU PROVIDE THEM WITH WISDOM, YOU GIVE
9:04:08AM THEM THE INSIGHT AND THE JUDGMENT THEY NEED IN EACH
9:04:11AM SITUATION TO FIND THE BEST PATH FORWARD, THE RIGHT PATH THAT
9:04:14AM WOULD BE HONORING OF YOU, THAT WOULD BLESS THIS COMMUNITY,
9:04:17AM AND WE THANK YOU FOR THAT.
9:04:18AM THANK YOU THAT YOU ARE GOOD, YOU'RE GRACIOUS, AND YOU
9:04:21AM PROVIDE THAT WISDOM, JUDGMENT AND INSIGHT FOR THOSE WHO LEAD
9:04:25AM US TODAY.
9:04:26AM THANK YOU FOR CONTINUING TO BLESS OUR COMMUNITY, ITS PEOPLE,
9:04:28AM AND WE HONOR YOU TODAY AS WE LOOK TO YOU AND WE THANK YOU
9:04:32AM FOR ANSWERING THIS PRAYER, IN JESUS' NAME, AMEN.
9:04:35AM [PLEDGE OF ALLEGIANCE]
9:04:51AM >> ROLL CALL, PLEASE.
9:04:55AM >>MIKE SUAREZ: HERE.
9:04:57AM >>HARRY COHEN: HERE.
9:04:58AM >>GUIDO MANISCALCO: HERE.
9:04:59AM >>YVONNE CAPIN: PRESENT.
9:05:00AM >>CHARLIE MIRANDA: HERE.
9:05:01AM >>LUIS VIERA: HERE.
9:05:02AM >> REDDICK?
9:05:09AM >>CHARLIE MIRANDA: MR. CHAIRMAN, ITEM NUMBER 2, I WOULD LIKE
9:05:11AM TO HAVE A POSTPONEMENT TO A LATER DATE.
9:05:14AM >> SECOND.
9:05:15AM >>LUIS VIERA: WE ARE A MOTION.
9:05:16AM WE HAVE A SECOND.
9:05:17AM ALL IN FAVOR?
9:05:18AM ANY OPPOSED.
9:05:19AM OKAY.
9:05:20AM MOVE FOR APPROVAL OF THE AGENDA AND ADDENDUM TO THE AGENDA.
9:05:24AM >>CHARLIE MIRANDA: SO MOVED.
9:05:25AM >> SECOND.
9:05:25AM >>LUIS VIERA: ALL IN FAVOR?
9:05:27AM ANY OPPOSED?
9:05:28AM OKAY.
9:05:29AM NOW WE MOVE TO CEREMONIAL ACTIVITIES AND PRESENTATIONS FOR
9:05:32AM NUMBER 1 FOR THE MAYOR'S HISPANIC HERITAGE COMMITTEE.
9:05:38AM THE MEMBERS MAY PROCEED.
9:05:48AM >> GOOD MORNING, COUNCIL.
9:05:49AM MY NAME IS JULIO BARRERA, THE CHAIR FOR THE MAYOR'S HISPANIC
9:05:55AM COMMITTEE.
9:05:55AM THESE ARE MEMBERS OF OUR COMMITTEE.
9:05:56AM AND WE WOULD LIKE TO TODAY FORMALLY INVITE YOU TO OUR 30th
9:06:01AM MAYOR'S HISPANIC CELEBRATION FOR OCTOBER THE 23rd.
9:06:05AM SO IT WILL BE HELD AT THE OLD TAMPA THEATRE.
9:06:08AM OUR KEYNOTE SPEAKER THIS YEAR IS GOING TO BE RICHARD
9:06:11AM GONZMART.
9:06:12AM OUR EMCEE WILL BE LINDA HURTADO AGAIN.
9:06:16AM AND OUR ENTERTAINMENT IS GOING TO BE THE FABULOUS ROCKERS.
9:06:19AM AGAIN, WE WOULD LIKE TO INVITE YOU ALL TO COME AND ENJOY THE
9:06:24AM 30th CELEBRATION OF THE MAYOR'S HISPANIC COMMITTEE.
9:06:27AM AND IT'S FREE TO THE PUBLIC.
9:06:31AM SO ANYBODY WHO WANTS TO COME, IT'S OPEN TO THE PUBLIC.
9:06:36AM >>LUIS VIERA: THANK YOU.
9:06:37AM ANY REMARKS FROM COUNCIL?
9:06:39AM >>MIKE SUAREZ: WHEN YOU SAY IT'S OPEN TO THE PUBLIC, THERE'S
9:06:42AM FOOD, TOO.
9:06:43AM IT'S USUALLY SERVED.
9:06:44AM YOU'LL GET A LOT MORE CROWD THEN.
9:06:46AM THANK YOU FOR DOING THIS.
9:06:47AM THANK YOU FOR SERVING ON THE COMMITTEE.
9:06:48AM WE REALLY APPRECIATE IT.
9:06:49AM AND SOMETHING THAT'S ALWAYS FUN EVERY YEAR, I KNOW THAT ALL
9:06:52AM OF MY COLLEAGUES HAVE BEEN THERE AT LEAST ONCE IF NOT MORE
9:06:55AM AND WE REALLY ENJOY IT.
9:06:57AM THANK YOU FOR YOUR HARD WORK.
9:06:58AM >> THANK YOU VERY MUCH.
9:06:59AM OUR FOOD WILL BE FOR THE FIRST 200 THAT SHOW UP.
9:07:01AM [ LAUGHTER ]
9:07:02AM THANK YOU VERY MUCH FOR HAVING US.
9:07:05AM >> I WANT TO SAY THANK YOU ALL FOR YOUR WORK.
9:07:07AM THE CITY OF TAMPA HAS A TERRIFIC HISPANIC HERITAGE THAT I'M
9:07:11AM VERY PROUD OF AND WE HAVE MANY TREMENDOUS HISPANIC FIGURES
9:07:14AM IN THIS COMMUNITY WHO HAVE LIVED HERE, FROM RICHARD
9:07:16AM GONZMART, WHO YOU MENTIONED, JUDGE SALCINES, MANY, MANY OF
9:07:21AM OUR HILLSBOROUGH COUNTY JUDGES, LIEUTENANT BALDOMERO LOPEZ,
9:07:24AM COUNCILMAN CHARLIE MIRANDA, AND MANY, MANY OTHERS WHO MAKE
9:07:28AM US VERY PROUD.
9:07:29AM THANK YOU VERY MUCH.
9:07:35AM >>YVONNE CAPIN: I'M NOT HISPANIC.
9:07:37AM I'M LATIN.
9:07:37AM [ LAUGHTER ]
9:07:40AM >>LUIS VIERA: WELL, MANY OF US HERE.
9:07:41AM I WAS DOING A SURVEY.
9:07:44AM SO THANK YOU.
9:07:45AM THANK YOU VERY MUCH.
9:07:46AM >> THANK YOU.
9:07:50AM [ APPLAUSE ]
9:07:56AM >>LUIS VIERA: OKAY.
9:07:56AM NEXT, WE MOVE TO PUBLIC COMMENT.
9:07:58AM IF ANYBODY WOULD LIKE TO COMMENT ON ANY ITEM ON THE AGENDA,
9:08:02AM YOU MAY COME FORWARD AT THIS TIME.
9:08:10AM >>MARTIN SHELBY: THE TAMPA CITY COUNCIL WELCOMES PUBLIC
9:08:12AM COMMENT AT THIS TIME.
9:08:13AM 30 MINUTES HAVE BEEN SET ASIDE THIS MORNING FOR CITIZENS
9:08:15AM SPEAKING ABOUT MATTERS THAT ARE NOT SET FOR A PUBLIC
9:08:17AM HEARING.
9:08:18AM IF YOU ARE HERE TO SPEAK ON A MATTER THAT IS SET FOR A
9:08:21AM PUBLIC HEARING, YOU WILL HAVE THAT OPPORTUNITY LATER DURING
9:08:25AM TODAY'S MEETING.
9:08:26AM SPEAKERS ADDRESSING ITEMS ON THE AGENDA WILL BE GIVEN
9:08:28AM PREFERENCE BEFORE CITIZENS SPEAKING IS ON NON-AGENDAED
9:08:31AM MATTERS.
9:08:31AM EACH SPEAKER IS GIVEN THREE MINUTES.
9:08:33AM PLEASE BEGIN BY STATING YOUR NAME FOR THE RECORD AND IT IS
9:08:37AM REQUESTED THAT YOUR COMMENTS ARE NOT DIRECTED PERSONALLY TO
9:08:39AM A COUNCIL MEMBER OR A STAFF MEMBER BUT RATHER ISSUES
9:08:43AM DIRECTED TO THE COUNCIL AS A BODY.
9:08:45AM CITY COUNCIL APPRECIATES YOUR COOPERATION IN MAINTAINING
9:08:48AM ORDERLY CONDUCT AND PROPER DECORUM.
9:08:51AM THANK YOU.
9:08:53AM >> GOOD MORNING.
9:08:54AM METEZMA, TAMPA, FLORIDA.
9:08:59AM I WOULD LIKE TO BRING TO THE CITY COUNCIL'S ATTENTION A
9:09:04AM LETTER I SENT TO ALL COUNCIL MEMBERS IN REFERENCE TO
9:09:10AM HARASSMENT BY CODE ENFORCEMENT.
9:09:14AM ONGOING HARASSMENT.
9:09:16AM CODE ENFORCEMENT AND CONSTRUCTION SERVICES.
9:09:21AM WITHIN THAT LETTER, IT'S ALSO AN INVITATION FOR EACH COUNCIL
9:09:31AM MEMBER TO VISIT THE PROPERTY IN WHICH CODE ENFORCEMENT HAVE
9:09:40AM FOR THE PAST TEN YEARS, AT LEAST, HARASSED MYSELF AND MY
9:09:50AM FAMILY.
9:09:50AM EVERYTHING FROM CRAZY CITATIONS TO GIVING US BUILDING
9:09:57AM CITATIONS ON A VACANT LOT.
9:10:02AM THIS HARASSMENT HAS TO STOP, AND THE CITY COUNCIL CAN STOP
9:10:09AM THIS TYPE OF HARASSMENT.
9:10:10AM IT'S RACIALLY MOTIVATED.
9:10:13AM IT'S ALSO INSPIRED BY A MAYOR THAT'S RIGHT DOWNSTAIRS
9:10:18AM PROBABLY RIGHT NOW THAT NO CITY COUNCIL MEMBER THERE HAVE
9:10:24AM STEPPED FORWARD TO PUT IN CHECK FOR CALLING AFRICAN WOMEN,
9:10:30AM BLACK WOMEN, WOMEN OF COLOR BITCHES FOR THE CALLING OF THE
9:10:35AM LYNCHING OF A YOUNG AFRICAN MAN.
9:10:39AM IT'S ONGOING.
9:10:40AM AND SOMEONE IN THAT CITY COUNCIL, SOME MEMBER THERE, HAVE TO
9:10:47AM SHOW SOME TYPE OF COURAGE TO BE ON THE RIGHT SIDE OF THE
9:10:53AM CITIZENRY, JUST AS YOU SEE ALL THESE PEOPLE HERE TODAY, TO
9:10:57AM SAY, HEY, THIS CAN BE DISCUSSED.
9:11:00AM IT CAN BE DISCUSSED IN A CIVIL ENVIRONMENT, BUT YOU HAVE TO
9:11:04AM ATTEMPT TO COME DOWN ON THE RIGHT SIDE OF THE GENERAL PUBLIC
9:11:10AM WHO PUT YOU IN THAT POSITION TO REPRESENT THEIR CONCERNS AND
9:11:14AM THEIR NEEDS.
9:11:15AM THERE'S A LOT OF ISSUES IN SOUTH TAMPA THAT'S NOT
9:11:18AM REPRESENTED.
9:11:18AM ALL THE PEOPLE HERE TODAY IN ONE SINGLE HOUSE ON BAYSHORE,
9:11:22AM BUT WE FLOOD ON BAYSHORE, EVERY LITTLE BIT OF RAIN.
9:11:26AM WE FLOOD ON HENDERSON EVERY LITTLE BIT OF RAIN.
9:11:31AM THAT HAVE TO STOP.
9:11:32AM THIS CITY COUNCIL, IT'S INCUMBENT UPON YOU GUYS TO STEP UP
9:11:36AM TO THE PLATE AND DO THE RIGHT THING.
9:11:39AM THE POLICE DEPARTMENT, OFF THE CHAIN, INSIDE THE BLACK
9:11:44AM COMMUNITY, THAT HAVE TO STOP.
9:11:47AM AND YOU GUYS HAVE TO BE MORE PROACTIVE IN HANDLING SUCH
9:11:50AM ISSUES.
9:11:59AM >>FRANK REDDICK: OUR NEXT SPEAKER.
9:12:09AM >> HELLO.
9:12:09AM NATASHA GOODLEY.
9:12:10AM I RESIDE AT 2705 EAST 24th AVENUE.
9:12:14AM TO MAKE CERTAIN I GET OUT MY ENTIRE POINTS HERE I'M GOING TO
9:12:18AM READ FROM MY LETTER.
9:12:19AM I'M WRITING TO ASK YOUR SUPPORT OF THE REMOVAL OF LOTS 2921
9:12:23AM NORTH 21st STREET, 2919 NORTH 21st STREET AND 2915 NORTH
9:12:28AM 21st STREET AND ADDITIONAL LOTS FROM THE GROUP LOTS GIVEN
9:12:31AM TO DOMAIN HOMES.
9:12:32AM MY NAME IS NATASHA GOODLEY.
9:12:34AM I AM THE ECONOMIC DEVELOPMENT CHAIR FOR THE EAST TAMPA
9:12:36AM COMMUNITY REVITALIZATION PARTNERSHIP.
9:12:38AM OUR COMMUNITY WOULD LIKE TO REVITALIZE OUR PREVIOUS ATTEMPTS
9:12:42AM TO ATTRACT A LOCAL GROCER TO THE COMMUNITY.
9:12:44AM IN THE PAST, THE ETCRP PURCHASED THE ABOVE MENTIONED LOTS
9:12:48AM WITH THE INTENTION OF ATTRACTING A GROCERY STORE TO THE
9:12:51AM AREA.
9:12:52AM UNFORTUNATELY, THE ETCRP WAS UNABLE TO ATTRACT A GROCER AND
9:12:56AM THIS YEAR DECIDED TO GIVE THE LOTS TO DOMAIN HOMES TO BUILD
9:12:59AM HOMES.
9:12:59AM AT THIS TIME, I BECAME A MEMBER OF THE BOARD.
9:13:01AM AS SOON AS I REALIZED SOME OF THE LOTS WE GAVE WERE THESE
9:13:04AM LOTS, I IMMEDIATELY ASKED OUR MANAGER TO PULL THE LOTS BACK
9:13:06AM AND TRY AND ATTRACT A GROCER AGAIN.
9:13:08AM THE QUESTION CAME UP IF I WAS CERTAIN THAT A GROCER WOULD
9:13:11AM EVEN BE INTERESTED IN THE AREA SO I CONDUCTED MY OWN
9:13:14AM RESEARCH.
9:13:15AM FIVE YEARS AGO, THE AREA DID NOT HAVE THE DEMOGRAPHICS
9:13:17AM REQUIRED TO SUSTAIN A GROCERY STORE BUT CURRENTLY WE DO.
9:13:21AM I SPOKE WITH A DEVELOPER WHO REACHED OUT TO PUBLIX FOR THAT
9:13:24AM YOU ARE QUALIFICATIONS TO BUILD A STORE.
9:13:26AM I FIGURED IF WE COULD MEET THE REQUIREMENTS OF PUBLIX,
9:13:28AM SURELY WE COULD MEET THE REQUIREMENTS OF ALMOST ANY LOCAL
9:13:31AM GROCER.
9:13:31AM WE PULLED THE DEMOGRAPHICS IN A ONE-MILE, TWO-MILE,
9:13:34AM THREE-MILE AND FIVE-MILE RADIUS FROM THE STARTING POINT OF
9:13:37AM COLUMBUS DRIVE AND 21st STREET AND DISCOVERED WE CURRENTLY
9:13:40AM MEET THE DEMOGRAPHICS REQUIREMENT.
9:13:42AM THE DEVELOPER ALSO STATED THAT IN HIS OPINION THE LOTS
9:13:45AM BETWEEN 21st AND 22nd STREETS WERE IDEAL BECAUSE IT ALSO
9:13:48AM ALLOWS US TO PULL FROM YBOR CITY.
9:13:49AM WE RESEARCHED THE YBOR AREA AND FOUND OUT THAT THEIR CRA
9:13:53AM WOULD ALSO LIKE TO SEE A GROCERY STORE BUILT IN OUR
9:13:56AM NEIGHBORHOOD.
9:13:56AM USF ALSO ENTERED THE PICTURE BY CONDUCTING A RESEARCH STUDY
9:14:00AM ON FOOD DESERTS AND HOW EAST TAMPA CAN BE CONSIDERED AS
9:14:03AM SUCH.
9:14:03AM LASTLY, THE EAST TAMPA CRA IS ALSO A PART OF THE NEW
9:14:07AM OPPORTUNITY ZONES THAT HAVE EMERGED.
9:14:09AM THIS IS A HUGE DRAW TO DEVELOPERS AND BUSINESSES TO WANT TO
9:14:12AM OPEN A GROCER IN THE HEART OF EAST TAMPA.
9:14:15AM WITH ALL OF THE RESEARCH WE WOULD LIKE TO MOVE FORWARD WITH
9:14:17AM TRYING TO BRING A GROCERY STORE TO OUR COMMUNITY.
9:14:20AM SOUTH OF HILLSBOROUGH AVENUE WE ONLY HAVE THE WINN DIXIE
9:14:23AM STORE ON NEBRASKA, OUTSKIRTS, SAN JUAN HILLSBOROUGH, SAVE A
9:14:27AM LOT ON 50th STREET.
9:14:28AM AGAIN THE OUTSKIRTS OF THE BOUNDARY AND A COUPLE OF SMALLER
9:14:32AM STORES.
9:14:33AM NOTHING IN THE BOUNDARY INCLUDING YBOR CITY AND PALMETTO
9:14:35AM BEACH.
9:14:36AM OUR CRA HAS OTHER LOTS WE WOULD LIKE TO SWAP OUT TO RETAIN
9:14:40AM THE LOTS FOR THE BETTER OF OUR COMMUNITY.
9:14:42AM DURING THE LAST ETCRP MEETING, THE COMMUNITY DISCUSSED
9:14:46AM BUILDING STARTER HOMES ON THE VERY LOTS WE PURCHASED WITH
9:14:48AM THE SOLE INTENTION OF BRINGING A GROCERY STORE TO THE AREA.
9:14:51AM THIS CAN BE FOUND IN THE MEETING MINUTES.
9:14:53AM THE LAND USE COMMITTEE DRAFTED A LETTER TO DOMAIN HOMES THAT
9:14:56AM REQUESTED THE LOTS BACK.
9:14:57AM WE HAVE NOT HEARD ANYTHING BACK FROM THE COMPANY BUT NOTICED
9:14:59AM ON FRIDAY DOMAIN HOMES HAD BUILT FOUNDATIONS FOR TWO HOMES
9:15:02AM ON TWO SEPARATE LOTS.
9:15:04AM THIS WAS DONE BEFORE A WRITTEN RESPONSE WAS RECEIVED
9:15:06AM REGARDING OUR DEMAND AND IF A PERMIT WAS GIVEN THAT PERMIT
9:15:09AM WAS MIRACULOUSLY ISSUED WITHIN ABOUT TWO DAYS.
9:15:13AM THE ETCRP IS SUPPOSED TO ANSWER TO THE INDIVIDUAL TAXPAYERS
9:15:17AM WHO RESIDE WITHIN OUR CRA.
9:15:19AM OUR COMMUNITY HAS SPOKEN AND WE HAVE AN OBLIGATION TO
9:15:21AM LISTEN.
9:15:21AM >>FRANK REDDICK: EXCUSE ME.
9:15:22AM THAT RED LIGHT MEANS TIME UP.
9:15:25AM >> I ACTUALLY HAVE COPIES OF LETTERS AS WELL.
9:15:28AM >>FRANK REDDICK: YOU CAN GIVE IT TO THE ATTORNEY.
9:15:30AM >> WITH THE DOCUMENT.
9:15:37AM >>FRANK REDDICK: NEXT SPEAKER.
9:15:48AM >> LET ME KNOW WHEN MY TIME STARTS, PLEASE.
9:15:57AM >>FRANK REDDICK: AS SOON AS YOU OPEN YOUR MOUTH, THE TIME
9:15:59AM WILL START.
9:16:00AM >> CAN YOU RESET THE TIME, PLEASE?
9:16:02AM YOU NEED TO NOTIFY ME WHEN THE TIME STARTS.
9:16:06AM THE ETCRP IS SUPPOSED TO ANSWER TO THE INDIVIDUAL TAXPAYERS
9:16:11AM WHO RESIDE WITHIN OUR CRA.
9:16:12AM OUR COMMUNITY HAS SPOKEN AND WE HAVE AN OBLIGATION TO LISTEN
9:16:17AM --
9:16:17AM >>FRANK REDDICK: PLEASE STATE YOUR NAME FOR THE RECORD.
9:16:20AM >> -- THE PEOPLE -- MY TIME IS GOING, SO NO.
9:16:24AM >>FRANK REDDICK: PLEASE STATE YOUR NAME.
9:16:26AM >> IF YOU RESTART THE CLOCK I WILL GIVE MY NAME.
9:16:28AM >>FRANK REDDICK: YOU DON'T RUN THIS SHOW.
9:16:31AM >> ARE YOU RESTARTING MY TIME.
9:16:33AM >>FRANK REDDICK: STATE YOUR NAME OR YOU WILL NOT SPEAK.
9:16:36AM >> IS THAT ALLOWED?
9:16:37AM >> YES.
9:16:39AM >> MY NAME IS MARIA JOSE CHAPA.
9:16:41AM I LIVE IN EAST TAMPA.
9:16:42AM I INCLUDED COPIES OF THE DEMOGRAPHIC STUDY THAT WAS DONE, A
9:16:46AM DRAFT OF THE LETTER SENT TO DOMAIN HOMES REQUESTING THE
9:16:48AM RETURN OF THE LOT.
9:16:49AM A PowerPoint PRESENTATION ON OPPORTUNITY ZONES AND HOW WE
9:16:52AM CAN BENEFIT FROM THEM AND A PowerPoint PRESENTATION ON THE
9:16:55AM USF RESEARCH STUDY.
9:16:57AM PLEASE HELP THE PEOPLE WHO RESIDE WITHIN THE EAST TAMPA CRA
9:16:59AM RETRIEVE THOSE LOTS BACK SO WE CAN CONTINUE MOVING ON OUR
9:17:02AM ESTABLISHED PLAN.
9:17:03AM THOSE LOTS WERE SOUGHT AFTER AND PURCHASED WITH THE INTENT
9:17:06AM OF REZONING INTO COMMERCIAL LOTS TO HELP BRING ECONOMIC
9:17:09AM DEVELOPMENT AND GROWTH TO EAST TAMPA.
9:17:10AM PLEASE DON'T LET THE DECISIONS OF A COUPLE OF PEOPLE CHANGE
9:17:14AM THE ESTABLISHED AND DOCUMENTED INTENTION OF THE RESIDENTS OF
9:17:16AM CRA.
9:17:16AM WE ARE ASKING YOU TO ISSUE A CEASE AND DESIST LETTER TO HALT
9:17:21AM DOMAIN HOMES FROM MOVING FORWARD WITH THEIR CONSTRUCTION AND
9:17:23AM A RETURN TO OWNERSHIP OF THOSE LOTS BACK TO THE CRA.
9:17:26AM AS SOMEONE WHO HAS ATTENDED THE CRA MEETINGS RECENTLY, YOUR
9:17:31AM APPOINTED PERSON WHO IS IN CHARGE, I GUESS, OF THE CRA,
9:17:37AM MR. ED JOHNSON, WAS VERY RUDE AND CONDESCENDING TO RESIDENTS
9:17:41AM WHEN THEY WERE INQUIRING QUESTIONS IN REGARDS TO WHEN ARE
9:17:45AM THE MEETINGS FOR CITY HALL.
9:17:47AM AS IF HE DIDN'T WANT US TO KNOW OR DIDN'T WANT US TO ATTEND.
9:17:51AM IT WAS NOTED IN THE MEETING AS WELL THAT IT JUST DOESN'T
9:17:55AM SEEM THAT THEY REALLY WANT TO ASSIST THE RESIDENTS.
9:17:57AM I'VE BEEN LIVING IN EAST TAMPA FOR ONE YEAR NOW.
9:18:00AM AND BECAUSE I HAVE A VEHICLE, I DON'T SHOP AT WINN DIXIE.
9:18:04AM I DON'T SHOP AT WALMART.
9:18:05AM I DON'T SHOP AT THOSE PLACES BECAUSE THE PRICES ARE HIGHER
9:18:09AM THAN WHEN I DRIVE ABOUT 10, 15 MINUTES AWAY TO TRADER JOE'S.
9:18:13AM THE FOOD THERE IS ORGANIC.
9:18:15AM IT'S GOOD QUALITY, AND IT'S A LOT CHEAPER.
9:18:18AM AND THAT'S WHERE I SHOP.
9:18:19AM I'D LIKE TO SEE THAT WE MAKE A CONCERTED EFFORT TO LISTEN TO
9:18:23AM THE RESIDENTS OF EAST TAMPA.
9:18:25AM I'M A TRANSPLANT FROM ST. PETE.
9:18:27AM WE HAVE SOMETHING THAT WE'RE WORKING ON IN ST. PETE IN
9:18:30AM REGARDS TO COOPERATIVE GROCERY STORES.
9:18:33AM IT'S NOT A FOREIGN CONCEPT.
9:18:35AM THERE'S SOMETHING BEING DONE ALL ACROSS THE UNITED STATES
9:18:37AM CALLED COMMUNITY BENEFITS AGREEMENTS WHERE THE ACTUAL
9:18:39AM STAKEHOLDERS, THE PEOPLE IN THE RESIDENCE ACTUALLY HAVE AN
9:18:44AM AGREEMENT WITH DEVELOPERS TO ACTUALLY HAVE SOMETHING THAT IS
9:18:46AM MEANINGFUL AND NOT JUST PUSH ASIDE RESIDENTS FOR THE SAKE OF
9:18:50AM ECONOMIC DEVELOPMENT.
9:18:50AM THANK YOU.
9:18:55AM >> GOOD MORNING, COUNCIL.
9:18:56AM ORLANDO GUDES.
9:18:59AM 4048 EAST HILLSBOROUGH.
9:19:00AM RESIDENT OF EAST TAMPA, COMMUNITY LEADER.
9:19:04AM RECEIVED SEVERAL PHONE CALLS RELATING TO THE DOMAIN HOME
9:19:08AM ISSUE.
9:19:08AM PHONE RINGING OFF THE HOOK.
9:19:10AM AS A PERSON THAT SITS ON VARIOUS BOARDS IN THE COMMUNITY,
9:19:13AM IT'S BEEN AN ONGOING OUTCRY FOR THE PROJECT TO STOP.
9:19:16AM THIS PROJECT, EVEN THOUGH IT MAY BE A THING ABOUT AFFORDABLE
9:19:21AM HOUSING, THE AREA IS NOT A GOOD FIT WHERE THEY WANT TO PUT
9:19:25AM THESE PARTICULAR HOMES.
9:19:26AM IT'S AN AREA THAT HAS BEEN FOR YEARS BEEN STRIVING FOR
9:19:31AM BUSINESS, FOR ECONOMIC DEVELOPMENT.
9:19:33AM AND TO PLACE HOMES ON THIS PARTICULAR PROPERTY WOULD BE A
9:19:37AM DETRIMENT TO THE COMMUNITY.
9:19:40AM IT WOULD KILL IT.
9:19:41AM WE NEED TO MAKE SURE THAT PROPERTY IS FLIPPED TO COMMERCIAL
9:19:44AM LIKE IT WAS INTENDED IN THE MINUTES AND SEVERAL ETCRP
9:19:48AM MEETINGS FOR IT TO BE FLIPPED.
9:19:49AM UNFORTUNATELY, THE ECONOMIC TIMES OF THAT PARTICULAR PAST
9:19:52AM WAS NOT THERE.
9:19:53AM NOW IT IS.
9:19:54AM WE NEED TO MAKE SURE THAT WE ARE ABLE TO GET THOSE
9:19:57AM PROPERTIES BACK.
9:19:58AM THE COMMUNITY IS TRYING ABOUT IT.
9:19:59AM THEY HAVE BEEN CALLING.
9:20:01AM AGAIN, WE JUST HAVE TO DO SOMETHING ABOUT IT.
9:20:03AM AS A LEADER, AGAIN, MY PHONE IS RINGING OFF THE HOOK.
9:20:07AM WHAT ARE YOU GOING TO DO?
9:20:08AM WHAT CAN YOU DO?
9:20:09AM MY THING WAS TO COME TO CITY COUNCIL AND LOOK AT
9:20:13AM INVESTIGATING TO GET THE PROPERTIES BACK FROM DOMAIN HOMES
9:20:16AM AND MAYBE TRADING OUT OTHER PROPERTIES THAT WE MAY HAVE IN
9:20:18AM THE EAST TAMPA AREA.
9:20:19AM THANK YOU FOR YOUR TIME, COUNCIL.
9:20:24AM >> GOOD MORNING.
9:20:26AM GARY CLOY, TRANSIT ACTIVATE FROM NORTH TAMPA AND NEW LIFE
9:20:31AM MINISTRIES.
9:20:32AM I WOULD LIKE TO POINT OUT A COUPLE OF THINGS IN REGARDS TO
9:20:34AM TRANSIT FUNDING HERE IN THE NEXT COUPLE OF MONTHS, THE CITY
9:20:36AM OF TAMPA GETS TO SEE SOME GOOD ADDITIONS.
9:20:39AM THE ADDITION OF THE STREETCAR THAT'S GOING TO BE FREE RIDES
9:20:42AM MONDAY THROUGH SUNDAY STARTING ON OCTOBER 7th.
9:20:44AM AS WELL AS THE CROSS BAY FERRY IN NOVEMBER.
9:20:47AM AS THESE PEOPLE COME ACROSS THE BRIDGE TO VISIT THE CITY OF
9:20:50AM TAMPA AND YBOR CITY, I WANTED TO POINT OUT WHETHER YOU'RE
9:20:55AM TRYING TO GET A CUBAN SANDWICH AT THE COLUMBIA RESTAURANT OR
9:21:00AM A CIGAR ON 7th AVENUE, THE ENTITLEMENT IN HOW YOU ADVOCATE
9:21:03AM FOR ALL THESE TRANSIT-FUNDING ISSUES BECOMES RELEVANT.
9:21:07AM HOW YOU MOVE PEOPLE AROUND THE CITY, CASE IN POINT ON MONDAY
9:21:11AM NIGHT, YOU HAVE A REAL SPORTS DILEMMA IN THE TOWN.
9:21:14AM WHO IS GOING TO GO TO THE RAYS AND YANKEES GAME AS WELL AS
9:21:17AM THE BUCS PLAYING PITTSBURGH?
9:21:19AM THAT ALONE WILL CAUSE TREMENDOUS FRENZY ON HOW YOU MOVE
9:21:25AM PEOPLE MONDAY NIGHT.
9:21:26AM MAYBE SOME ACADEMIC PEOPLE OVER AT USF WILL KIND OF DIVE
9:21:30AM INTO IT, SO TO SPEAK.
9:21:32AM AS THESE FUNDING ISSUES BECOME RELEVANT, ONE OF THE THINGS I
9:21:36AM WANTED TO BRING UP IS THAT THE CITY HAS ALREADY NOTIFIED THE
9:21:39AM FTA IN REGARDS TO THE STREETCAR EXTENSION.
9:21:43AM THEY ARE GIVING THEM A TIMELINE OR FY '2019.
9:21:47AM WE HAVE 29 MONTHS TO THE SUPER BOWL.
9:21:49AM NOW, WITHIN A YEAR, THE CITY SHOULD KNOW PRETTY MUCH HOW THE
9:21:54AM NUMBERS ARE ON THE STREETCAR.
9:21:55AM YOU'RE GIVING THE FTA A REASON FOR ALLOCATED MONIES.
9:21:58AM THE MORE VISIBLE AND THE MORE THAT YOU ADVOCATE IN
9:22:02AM WASHINGTON, D.C. EVERY TIME YOU GO UP THERE, ALL OF A SUDDEN
9:22:06AM YOU'RE STARTING TO GET SOMEBODY'S ATTENTION.
9:22:09AM IT'S WELL DESERVED.
9:22:11AM AND IT'S JUST A TIMING ISSUE.
9:22:13AM AND I HOPE THE NUMBERS WORK IN YOUR FAVOR.
9:22:15AM THANK YOU.
9:22:20AM >> GOOD MORNING.
9:22:21AM I'M JARED NEELEY, REVEREND NEALY, AND I LIVE LARGE PART OF
9:22:27AM MY LIFE AT 3814 22nd STREET, WHICH IS NOW THE POLICE
9:22:33AM SUBSTATION IN THAT NEIGHBORHOOD.
9:22:38AM I'M PROUD OF THE FACT THAT IT'S WHERE I USED TO LIVE.
9:22:43AM SO NOW CONCERNING THE POLICE ACTIVITY FOR THE WELFARE AND
9:22:50AM WELL-BEING AND SAFETY AND BETTERMENT OF OUR COMMUNITY,
9:22:55AM CERTAINLY, THAT'S WHAT I'M HERE TO TALK ABOUT IN TERMS OF
9:23:00AM ECONOMIC DEVELOPMENT.
9:23:02AM AND THIS DOMAIN HOME SITUATION.
9:23:05AM LISTEN, I'VE LIVED IN TAMPA LONG ENOUGH TO BE A PART OF THE
9:23:11AM BEST OF TIMES AND THE WORST OF TIMES.
9:23:13AM I WAS AT 22nd STREET WHEN THE FIRST RIOTS STARTED.
9:23:16AM I'M THE PERSON WHO YELLED OUT A STATEMENT AND A SLOGAN AND
9:23:22AM THEN THE POLICE REACTED.
9:23:24AM I KNOW WHAT IT WAS.
9:23:26AM I KNOW WHAT I SAID.
9:23:27AM I RAN TO MY GRANDMOTHER'S HOUSE AND FOUND REFUGE.
9:23:32AM OKAY?
9:23:32AM NOW, WHAT AM I TALKING ABOUT?
9:23:35AM I'M THE EXECUTIVE DIRECTOR OF THE ECONOMIC DEVELOPMENT GROUP
9:23:37AM HERE IN THE AREA, BAY AREA, AND, LISTEN, WE HAVE GOT TO BE
9:23:43AM INCLUSIVE IN THE ECONOMIC PIE.
9:23:45AM LISTEN, WHEN YOU COME TO THE TABLE AND THE PIE IS BEING
9:23:49AM SLICED AND NOBODY OFFERS YOU THEIR SWORD TO CUT YOUR SLICE.
9:23:54AM SO, LISTEN, WE HAVE TO COME TO THE TABLE AND CUT OUR OWN
9:23:57AM SLICE.
9:23:58AM NOW, SO, I SAID THAT.
9:24:02AM I HOPE I'M COMMUNICATING.
9:24:05AM WE'VE GOT TO HAVE A DIFFERENT PERSPECTIVE, AND WE'VE GOT TO
9:24:12AM HAVE A DIFFERENT OUTCOME.
9:24:16AM AND SO I'M ADVOCATING FOR THE COMMONWEALTH TO BE DISTRIBUTED
9:24:23AM AMONG ALL OF US.
9:24:25AM THANK YOU FOR YOUR TIME.
9:24:26AM DO GOOD.
9:24:31AM >> GOOD MORNING, COUNCIL.
9:24:34AM CONNIE BURTON.
9:24:35AM I'M HERE TO SPEAK SPECIFICALLY IN SUPPORT OF THE EAST TAMPA
9:24:41AM REVITALIZATION PARTNERSHIP.
9:24:44AM THAT IS A GROUP OF HARDWORKING VOLUNTEERS THAT HAVE GIVEN OF
9:24:50AM THEIR TIME TO SHOW HOW WE AS A COMMUNITY CAN MOVE FORWARD IN
9:24:54AM DEVELOPING THE INTERESTS OF OUR COMMUNITY.
9:24:56AM AND I BELIEVE THE EFFORTS OF THE CITIZENS OF EAST TAMPA ARE
9:25:01AM BEING UNDERMINED.
9:25:04AM NOW, WE ALL KNOW THE DOMAIN HOME PROJECT IS HERE.
9:25:07AM 100 LOTS GIVEN TO THEM, PLUS A MILLION DOLLARS.
9:25:11AM I CAN'T THINK OF A BETTER DEAL ANYBODY COULD HAVE GOTTEN.
9:25:14AM BUT WHEN THE COMMUNITY SAYS THAT THEY WANT TO DESIGNATE AN
9:25:18AM AREA IN THE COMMUNITY THAT WILL GIVE A VISION OF
9:25:23AM SELF-DETERMINATION, WE SEE HOW THAT IS BEING UNDERMINED BY
9:25:27AM THIS TOP-HEAVY ADMINISTRATION THAT HAS ITS OWN VISION.
9:25:32AM WE IN EAST TAMPA, WE HAVE A DESIRE TO BUILD A COMMUNITY
9:25:36AM STORE.
9:25:37AM IT IS WITH TAX REVENUE.
9:25:40AM IT SHOULD BE THE DETERMINATION OF THAT COMMUNITY OF HOW WE
9:25:44AM MOVE FORWARD.
9:25:45AM AND NOW OUTGOING MAYORS, ADMINISTRATION THAT ARE IN BED WITH
9:25:49AM DEVELOPERS.
9:25:49AM IN FACT, WE ADAMANTLY DISAGREE WITH THE WHOLE DOMAIN PROJECT
9:25:54AM BECAUSE YOU KNOW WHY?
9:25:55AM THE DOMAIN BRAND IS NOT THE DOMAIN BRAND WHEN IT COMES TO
9:25:59AM THE BLACK COMMUNITY.
9:26:00AM NOW THEY CALL THEMSELVES URBAN 360.
9:26:03AM YOU KNOW WHY?
9:26:04AM BECAUSE IT IS A SMALLER MODEL.
9:26:05AM IT'S AN INSUFFICIENT MODEL.
9:26:08AM IT DO NOT GIVE ANY TYPE OF INCLUSIVE METHODS AS BUILDING
9:26:13AM WITHIN THE DESIGN AND ASPIRATION OF THIS COMMUNITY.
9:26:16AM IT IS SAD TO KNOW THAT IN EAST TAMPA, THE LATEST THREE-STORY
9:26:23AM BUILDING IN EAST TAMPA IS A STORAGE UNIT.
9:26:29AM THE LAST 60 YEARS WE'VE BEEN DEALING WITH THE ISSUE OF
9:26:32AM SOCIAL AND ECONOMIC POVERTY AND ALL WE HAVE IN OUR COMMUNITY
9:26:34AM IS A BUNCH OF POVERTY PIMPS THAT SITS AT THE TABLE, NOD
9:26:38AM THEIR HEAD AND GIVE OUR MONEY AWAY.
9:26:40AM AND WE ARE SICK OF IT.
9:26:42AM WE PLAN ON TAKING OUR CAMPAIGN ALL THE WAY INTO THE NEXT
9:26:46AM ADMINISTRATION, BUT WE HOPE THAT THIS ADMINISTRATION HAVE
9:26:48AM THE COURAGE TO SAY THAT THE DESIRES OF OUR COMMUNITY WILL BE
9:26:52AM MET.
9:26:52AM DOMAIN HOMES CAME TO THE CRA MEETING, LISTENED TO THE WISHES
9:26:57AM OF THE COMMUNITY, AND WITHIN TWO DAYS, THEY WENT AND BUILT A
9:27:02AM FOUNDATION IN THE VERY AREA IN WHICH WE SAY WE WANT A
9:27:07AM COMMUNITY GROCERY STORE.
9:27:08AM THEY HAVE A HUNDRED LOTS.
9:27:09AM WHY WOULD THEY DO IT THERE?
9:27:11AM THEY ARE DOING IT THERE TO SHOW US THEY THINK THEY ARE THE
9:27:13AM BOSS BUT THEY ARE NOT.
9:27:15AM THEY ARE NOT GOING TO BE THE BOSS OF US.
9:27:17AM WE'LL MAKE A DETERMINATION THAT IF THEY BUILD ANY HOMES IN
9:27:20AM EAST TAMPA THEY BETTER DAMN WELL WISH THEY CAN SELL THEM
9:27:24AM BECAUSE WE'LL BE IN PROTEST MODE UNTIL WE GET WHAT WE WANT.
9:27:28AM THANK YOU.
9:27:28AM [ APPLAUSE ]
9:27:33AM >> GOOD MORNING.
9:27:33AM MY NAME IS CAROL RANSOM.
9:27:35AM I'M HERE THIS MORNING TO TALK ABOUT JOBS FOR OUR YOUNG
9:27:39AM PEOPLE IN THE COMMUNITY.
9:27:40AM I'M HERE TO TALK ABOUT OPPORTUNITIES FOR CONTRACTORS,
9:27:44AM TRADESMEN, FOR OTHER PERSONS IN THE COMMUNITY AND THE
9:27:47AM CONSTRUCTION INDUSTRY.
9:27:47AM I'M HERE TO TALK ABOUT INCLUSION.
9:27:50AM I THINK THE PROJECT THAT WAS STARTED WITH DOMAIN HOMES, YOU
9:27:53AM HAVE ENOUGH TIME TO STOP IT.
9:27:55AM YOU'VE GIVEN THEM A MILLION DOLLARS, ALONG WITH A HUNDRED
9:28:00AM LOTS.
9:28:00AM THAT SHOULD HAVE BEEN A STRATEGIC PLAN TO EMPLOY OUR YOUNG
9:28:04AM PEOPLE IN OUR COMMUNITIES BY BUILDING THOSE HOMES, BY
9:28:08AM INVOLVING TRADESPEOPLE FROM THE COMMUNITY, DOMICILE, LOCAL
9:28:14AM CONTRACTORS TO DO THE WORK ON THOSE HOUSES.
9:28:16AM THAT WAS AN OPPORTUNITY TO BRING THOSE DOLLARS BACK INTO THE
9:28:20AM POCKETS OF THE PEOPLE WHO LIVE IN THIS COMMUNITY.
9:28:22AM YOU STILL HAVE A CHANCE TO SAVE OUR COMMUNITY BY STOPPING
9:28:28AM WHAT YOU'VE ALREADY STARTED WITH DOMAIN HOMES TO TAKE BACK
9:28:32AM THE MONEY, THE BALANCE THAT'S LEFT, AND TO EQUALLY DIVIDE IT
9:28:37AM AMONG CONTRACTORS HERE LOCALLY.
9:28:39AM WE COME TO YOU TODAY PRESENTING STRATEGIES FOR YOU TO
9:28:42AM RECONSIDER WHAT'S ALREADY BEEN DONE.
9:28:45AM THIS IS YOUR OPPORTUNITY TO DO WHAT'S RIGHT FOR THE
9:28:47AM COMMUNITY.
9:28:47AM OTHERWISE, PEOPLE OF THE COMMUNITY HAVE NO CHOICE BUT TO
9:28:55AM PROTEST.
9:28:56AM WE REFUSE TO SIT BY AND STAY SLEEP WHILE THE MONIES, THE
9:29:00AM HARD-EARNED DOLLARS WE PAY AS TAXPAYERS TO THIS MUNICIPALITY
9:29:04AM IS HANDED OVER TO MILLIONAIRES WHO ALREADY HAVE EVERYTHING.
9:29:07AM LET'S FACE IT, A HUNDRED LOTS, I COULD GO OUT AND GET A LOAN
9:29:12AM ON THE LOTS AND BUILD THE HOUSES.
9:29:14AM I WOULDN'T EVEN NEED YOUR MILLION DOLLARS.
9:29:16AM BUT YOU THOUGHT IT WAS OKAY TO GIVE THE MONEY, ALONG WITH
9:29:20AM THE LOTS, AND WE'RE ASKING YOU TO RESCIND WHAT YOU'VE
9:29:23AM ALREADY DONE TO MAKE THE NECESSARY CORRECTIONS AND
9:29:26AM RECONSIDER YOUR STRATEGY.
9:29:27AM THAT'S JOBS.
9:29:29AM THAT'S EMPLOYMENT OPPORTUNITIES.
9:29:31AM THAT'S AN OPPORTUNITY FOR BUSINESS PERSONS IN THESE
9:29:34AM COMMUNITIES WHO PAY TAXES AND WHO VOTE TO COME TO THE TABLE
9:29:40AM AND TO SIT WITH YOU.
9:29:41AM THANK YOU.
9:29:51AM [ APPLAUSE ]
9:29:51AM >>FRANK REDDICK: THE NEXT SPEAKER.
9:29:52AM WHEN DO WE HAVE THE WORKSHOP ABOUT AFFORDABLE HOUSING?
9:30:03AM >>MARTIN SHELBY: I THINK IT IS THE NEXT ONE.
9:30:05AM I THINK IT'S OCTOBER.
9:30:07AM THE OCTOBER 25th.
9:30:08AM >>FRANK REDDICK: OCTOBER 25th.
9:30:10AM I'LL YIELD TO MR. VIERA.
9:30:17AM LET ME MAKE A MOTION THAT ED JOHNSON AND BOB McDONAUGH
9:30:23AM APPEAR BEFORE THAT WORKSHOP TO ADDRESS DOMAIN HOMES.
9:30:29AM >>MARTIN SHELBY: OCTOBER 25th AT 9 A.M.
9:30:31AM >> SECOND.
9:30:32AM >>LUIS VIERA: OKAY.
9:30:33AM MOTION BY COUNCILMAN REDDICK, SECONDED BY COUNCILMAN
9:30:36AM MANISCALCO.
9:30:37AM ALL IN FAVOR?
9:30:38AM ANY OPPOSED?
9:30:39AM >>FRANK REDDICK: ALL RIGHT.
9:30:39AM THANK YOU.
9:30:40AM ANYONE ELSE WISH TO SPEAK DURING PUBLIC COMMENT?
9:30:44AM WE HEARD YOU GOOD.
9:30:52AM DO WE HAVE ANY REQUESTS FROM THE PUBLIC FOR RECONSIDERATION
9:30:56AM OF LEGISLATIVE MATTERS?
9:30:57AM HEARING NONE, COMMITTEE REPORTS/CONSENT AGENDA.
9:31:02AM ITEM NUMBER 3.
9:31:04AM IS STAFF HERE?
9:31:13AM >>KRISTIN MORA: KRISTIN MORA, LEGAL DEPARTMENT.
9:31:16AM FORGIVE ME FOR A MOMENT.
9:31:19AM ITEM NUMBER 3, THIS IS AN AMENDMENT TO THE CITY SIGN
9:31:23AM REGULATIONS.
9:31:24AM AS YOU KNOW, WE DID A MAJOR SIGN OVERHAUL LAST YEAR.
9:31:26AM THERE WERE A COUPLE OF CLEANUP ITEMS THAT CAME OUT OF THAT,
9:31:29AM INCLUDING HOW WE REGULATE COMMERCIAL FLAGS AND ALSO MAKING
9:31:35AM SURE THAT WE CLARIFY WHAT'S ALLOWED AS FAR AS MULTIFAMILY
9:31:39AM SIGNS IN THE MULTIFAMILY DISTRICTS.
9:31:41AM IT'S PURELY A CLEANUP MATTER.
9:31:43AM I'M AVAILABLE IF YOU HAVE FURTHER QUESTIONS ON ANY OF IT.
9:31:46AM >>FRANK REDDICK: ANY QUESTIONS, COUNCIL?
9:31:50AM SEEING NONE, MR. SUAREZ, WOULD YOU READ ITEM NUMBER 3?
9:31:54AM >>MIKE SUAREZ: THANK YOU, CHAIR.
9:31:55AM I PRESENT AN ORDINANCE FOR FIRST READING CONSIDERATION.
9:31:58AM AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO
9:32:01AM ALLOWABLE SIGN RESTRICTIONS, MAKING REVISIONS TO CITY OF
9:32:03AM TAMPA CODE OF ORDINANCES CHAPTER 27, ZONING AND LAND
9:32:06AM DEVELOPMENT, AMENDING SECTION 27-289.3, ALLOWABLE SIGNS.
9:32:11AM REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
9:32:14AM THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
9:32:17AM EFFECTIVE DATE.
9:32:18AM >>FRANK REDDICK: MOTION FROM MR. SUAREZ.
9:32:20AM SECONDED BY MR. MANISCALCO.
9:32:21AM ANY DISCUSSION OF THE MOTION?
9:32:22AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:32:23AM OPPOSED?
9:32:26AM >> SECOND READING AND ADOPTION HELD OCTOBER 4th, 2018 AT
9:32:30AM 9:30 A.M.
9:32:31AM >>FRANK REDDICK: ALL RIGHT.
9:32:31AM ITEM NUMBER 4.
9:32:34AM >>KRISTIN MORA: GOOD MORNING AGAIN.
9:32:35AM KRISTIN MORA, LEGAL DEPARTMENT.
9:32:36AM ITEM NUMBER 4 IS A NEW PROVISION IN YOUR ZONING CODE THAT
9:32:41AM WILL PROVIDE FOR REASONABLE ACCOMMODATIONS.
9:32:44AM AGAIN, THIS IS A LITTLE BIT OF A CLEANUP.
9:32:47AM WE HAD SOME PROVISIONS, INCLUDING VARIANCES AND SIGN
9:32:52AM EXCEPTIONS THAT WE WERE UTILIZING TO GET TO THE SAME PLACE
9:32:54AM OF PROVIDING REASONABLE ACCOMMODATIONS WHEN PEOPLE HAVE
9:32:57AM HANDICAPS AND OTHER ISSUES THAT NEED TO BE ADDRESSED IN OUR
9:33:00AM ZONING.
9:33:00AM THIS WILL ALLOW A CLEANER, BETTER PROVISION SO THAT THEY CAN
9:33:05AM GET IMMEDIATE RELIEF, WHETHER IT'S TO PUT IN HANDICAP RAMPS
9:33:09AM OR WHAT HAVE YOU, IF THEY NEED SET BACK REDUCTIONS, THIS
9:33:12AM WILL PROVIDE A BETTER WAY FOR THEM TO ACHIEVE THAT TYPE OF
9:33:15AM RELIEF AND SO WE ARE SUGGESTING THIS LANGUAGE TO YOU.
9:33:19AM I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
9:33:21AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:33:25AM SEEING NONE, MR. COHEN, WOULD YOU READ NUMBER 4.
9:33:28AM >>HARRY COHEN: THANK YOU VERY MUCH, MR. CHAIR.
9:33:30AM I MOVE AN ORDINANCE BEING PRESENTED FOR FIRST READING
9:33:32AM CONSIDERATION.
9:33:33AM AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO
9:33:37AM WRITTEN DETERMINATIONS BY THE ZONING ADMINISTRATOR AND
9:33:39AM ADDING A REQUEST FOR REASONABLE ACCOMMODATIONS, MAKING
9:33:41AM REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27
9:33:45AM (ZONING AND LAND DEVELOPMENT); AMENDING SECTION 27-53,
9:33:49AM WRITTEN DETERMINATIONS BY THE ZONING ADMINISTRATOR
9:33:52AM GENERALLY; TYPES, PROCESSES, LIMITATIONS, CREATING SECTION
9:33:56AM 27-62, REASONABLE ACCOMMODATIONS; AMENDING SECTION 27-62 -
9:34:04AM 27-65 RESERVED; REPEALING ALL ORDINANCES OR PARTS OF
9:34:08AM ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR
9:34:11AM SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
9:34:12AM >>FRANK REDDICK: MOTION BY MR. COHEN.
9:34:14AM SECOND BY MS. CAPIN.
9:34:15AM ANY FURTHER DISCUSSION OF THE MOTION?
9:34:17AM ALL THOSE IN FAVOR, AYE.
9:34:18AM OPPOSED?
9:34:19AM >>THE CLERK: SECOND READING AND ADOPTION WILL BE HELD ON
9:34:22AM OCTOBER 4th, 2018 AT 9:30 A.M.
9:34:26AM >>FRANK REDDICK: ITEM NUMBER 5.
9:34:27AM >> LEGAL DEPARTMENT.
9:34:35AM WE REQUEST THAT COUNCIL APPROVE THIS AMENDMENT TO VACATING
9:34:40AM ORDINANCE.
9:34:40AM THE AMENDMENT AMENDS SECTION B, CONDITION SECTION 7-B IN THE
9:34:47AM VACATING ORDINANCE, WHICH WOULD COMPLY WITH THE DEVELOPMENT
9:34:52AM AGREEMENT PREVIOUS APPROVED BY COUNCIL REGARDING
9:34:56AM CONSTRUCTION IN THE RIGHT-OF-WAY.
9:34:56AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:34:58AM SEEING NONE, MR. MANISCALCO, WOULD YOU READ ITEM 5?
9:35:04AM >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
9:35:05AM I HAVE AN ORDINANCE BEING PRESENTED FOR FIRST READING AND
9:35:08AM CONSIDERATION.
9:35:08AM AN ORDINANCE AMENDING ORDINANCE NUMBER 2018-80 ADOPTED BY
9:35:12AM THE CITY COUNCIL OF THE CITY OF TAMPA ON MAY 17, 2017, WHICH
9:35:15AM VACATED CERTAIN RIGHT-OF-WAY LOCATED SOUTH OF ARCH STREET,
9:35:19AM EAST OF DALE MABRY HIGHWAY, NORTH OF CYPRESS STREET AND WEST
9:35:21AM OF HIMES AVENUE, AMENDING THE CONDITION IN SECTION 7-B,
9:35:25AM PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE.
9:35:27AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MANISCALCO.
9:35:29AM SECOND BY MR. COHEN.
9:35:30AM ANY FURTHER DISCUSSION OF THE MOTION?
9:35:32AM ALL THOSE IN FAVOR SAY AYE.
9:35:34AM OPPOSED?
9:35:36AM >>THE CLERK: SECOND READING AND ADOPTION WILL BE HELD ON
9:35:38AM OCTOBER 4, 2018 AT 9:30 A.M.
9:35:40AM >>FRANK REDDICK: ALL RIGHT.
9:35:41AM WE GO TO COMMITTEE REPORTS.
9:35:42AM PUBLIC SAFETY, MR. MIRANDA.
9:35:44AM >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
9:35:46AM MOVE ITEMS 6 THROUGH 11.
9:35:47AM >>FRANK REDDICK: MOTION BY MR. MIRANDA, SECONDED BY
9:35:49AM MR. MANISCALCO.
9:35:50AM ALL IN FAVOR OF THAT MOTION SAY AYE.
9:35:53AM OPPOSED?
9:35:53AM OKAY.
9:35:53AM PARKS, RECREATION, MR. MANISCALCO.
9:35:57AM >>GUIDO MANISCALCO: I MOVE ITEMS 12 THROUGH 15.
9:36:00AM >>FRANK REDDICK: MOTION FROM MR. MANISCALCO.
9:36:02AM SECONDED BY MR. COHEN.
9:36:03AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:36:04AM OPPOSED?
9:36:05AM PUBLIC WORKS, MS. YOLIE CAPIN.
9:36:09AM >>YVONNE CAPIN: I MOVE ITEMS 16 THROUGH 20.
9:36:12AM >> SECOND.
9:36:13AM >>FRANK REDDICK: MOTION BY MS. CAPIN.
9:36:15AM SECOND BY MR. MIRANDA.
9:36:17AM ALL IN FAVOR, AYE.
9:36:18AM OPPOSED?
9:36:18AM FINANCE COMMITTEE, MR. COHEN.
9:36:19AM >>HARRY COHEN: THANK YOU, MR. CHAIR, I MOVE ITEMS 21 THROUGH
9:36:23AM 25.
9:36:23AM >> SECOND.
9:36:23AM >>FRANK REDDICK: WE HAVE A MOTION BY MR. COHEN.
9:36:25AM SECONDED BY MR. MANISCALCO.
9:36:26AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:36:28AM OPPOSED?
9:36:29AM ALL RIGHT.
9:36:30AM BUILDING, ZONING, MR. VIERA.
9:36:34AM >>LUIS VIERA: I MOVE ITEMS 26 THROUGH 29 AND 31 THROUGH 42
9:36:39AM WITH ITEM NUMBER 30 BEING PULLED FROM THE AGENDA AND TO BE
9:36:43AM SUBMITTED AT A LATER DATE.
9:36:44AM >>FRANK REDDICK: GOT A MOTION FROM MR. VIERA.
9:36:46AM SECONDED BY MR. MIRANDA.
9:36:48AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:36:50AM OPPOSED?
9:36:51AM TRANSPORTATION, MR. SUAREZ.
9:36:55AM >>MIKE SUAREZ: THANK YOU, CHAIR.
9:36:56AM I MOVE ITEMS 43 THROUGH 45.
9:36:59AM >>FRANK REDDICK: MOTION BY MR. SUAREZ.
9:37:00AM SECONDED BY MR. MANISCALCO.
9:37:02AM ALL IN FAVOR OF THE MOTION AYE.
9:37:04AM OPPOSED?
9:37:04AM OKAY.
9:37:07AM MOTION CARRIES.
9:37:10AM >>CHARLIE MIRANDA: MOVE ITEMS 46, 49 --
9:37:13AM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
9:37:15AM SECOND BY MR. MANISCALCO.
9:37:16AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:37:18AM OPPOSED?
9:37:19AM ALL RIGHT.
9:37:21AM ITEM NUMBER 46, ANYONE FROM STAFF HERE FOR THAT?
9:37:32AM >>MARTIN SHELBY: WHAT WE NEED TO DO IS OPEN THE 9:30 PUBLIC
9:37:34AM HEARINGS, ITEMS 50 THROUGH 53.
9:37:40AM >>FRANK REDDICK: ITEM NUMBER 50, ANYONE HERE FOR ITEM NUMBER
9:37:46AM 50?
9:37:47AM >> GOOD MORNING.
9:37:48AM RYAN MANASSE, CITY OF TAMPA LAND DEVELOPMENT.
9:37:53AM >>MARTIN SHELBY: WAS THERE A VOTE TO OPEN THE PUBLIC
9:37:55AM HEARINGS?
9:37:59AM >>FRANK REDDICK: GO AHEAD, SIR.
9:38:00AM ANYONE WISHING TO SPEAK ON ITEMS 50 THROUGH 53, PLEASE STAND
9:38:09AM TO BE SWORN.
9:38:13AM >> DO YOU SOLEMNLY SWEAR OR AFFIRM TO TELL THE TRUTH, THE
9:38:16AM WHOLE TRUTH AND NOTHING BUT THE TRUTH?
9:38:18AM THANK YOU.
9:38:25AM >>FRANK REDDICK: GO AHEAD.
9:38:26AM >>RYAN MANASSE: GOOD MORNING, COUNCIL.
9:38:27AM RYAN MANASSE, CITY OF TAMPA LAND DEVELOPMENT COORDINATION.
9:38:30AM ITEMS 50, 51, AND 53 HAVE CORRECTED SITE PLANS TURNED INTO
9:38:36AM THE CITY CLERK.
9:38:37AM STAFF IS AVAILABLE FOR ANY QUESTIONS.
9:38:39AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:38:40AM IS THE PETITIONER HERE?
9:38:56AM >>YVONNE CAPIN: YES, THANK YOU, MR. CHAIR.
9:38:58AM >>FRANK REDDICK: WHAT'S THE PROBLEM NOW?
9:39:00AM >>MARTIN SHELBY: JUST FOR THE PURPOSES OF THE RECORD, ARE
9:39:02AM YOU GOING TO BE READING THE ORDINANCE AT THIS POINT?
9:39:06AM >>YVONNE CAPIN: YES.
9:39:07AM THAT'S WHAT I WAS REQUESTED.
9:39:08AM >>MARTIN SHELBY: MR. CHAIRMAN, DID YOU ASK IF THERE WAS
9:39:12AM ANYBODY ELSE FROM THE PUBLIC WHO WANTED TO SPEAK ON THE
9:39:14AM PARTICULAR ITEM?
9:39:15AM >>FRANK REDDICK: ANYONE FROM THE PUBLIC WISHING TO SPEAK ON
9:39:18AM ITEM NUMBER 50.
9:39:19AM >> MOVE TO CLOSE.
9:39:20AM >>FRANK REDDICK: ALL RIGHT.
9:39:21AM WE HAVE A MOTION FROM MR. COHEN.
9:39:24AM SECONDED BY MS. CAPIN.
9:39:25AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:39:26AM OPPOSED?
9:39:27AM ALL RIGHT.
9:39:28AM MS. CAPIN.
9:39:29AM >>YVONNE CAPIN: THANK YOU, MR. CHAIR.
9:39:30AM I MOVE FILE AB2-18-16, AN ORDINANCE BEING PRESENTED FOR
9:39:37AM SECOND READING AND ADOPTION, AN ORDINANCE APPROVING A
9:39:39AM SPECIAL USE PERMIT S-2 FOR ALCOHOLIC BEVERAGE SALES, SMALL
9:39:43AM VENUE CONSUMPTION ON PREMISES AND RETAIL PACKAGE SALES FOR
9:39:47AM OFF-PREMISES CONSUMPTION, MAKING LAWFUL THE SALE OF BEER AND
9:39:52AM WINE AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND
9:39:55AM LOCATED AT 3800 NORTH NEBRASKA AVENUE, TAMPA, FLORIDA, AS
9:39:59AM MORE PARTICULARLY DESCRIBED IN SECTION 2, PROVIDING FOR ALL
9:40:02AM ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED;
9:40:07AM PROVIDING AN EFFECTIVE DATE.
9:40:08AM >>FRANK REDDICK: MOTION BY MS. CAPIN.
9:40:10AM SECONDED BY MR. MANISCALCO.
9:40:11AM ALL IN FAVOR OF THE MOTION AYE.
9:40:13AM OPPOSED?
9:40:13AM I'M SORRY.
9:40:21AM PLEASE RECORD YOUR VOTE.
9:40:28AM >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.
9:40:32AM >>FRANK REDDICK: ITEM 51.
9:40:45AM >> YES, SIR.
9:40:45AM >>FRANK REDDICK: DO YOU HAVE ANYTHING YOU WANT TO SAY?
9:40:47AM >> NO, SIR.
9:40:47AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:40:50AM >>MARTIN SHELBY: IS THE PETITIONER?
9:40:52AM >> PRICE GILES.
9:40:53AM >>FRANK REDDICK: YOU ARE THE PETITIONER, RIGHT?
9:40:55AM >> YES, SIR.
9:40:55AM >>FRANK REDDICK: ANYBODY FROM THE PUBLIC WISHING TO SPEAK ON
9:40:59AM ITEM 51?
9:41:00AM >> MOVE TO CLOSE.
9:41:01AM >>FRANK REDDICK: MOTION FROM MR. MANISCALCO.
9:41:02AM SECOND BY MS. CAPIN.
9:41:04AM ALL IN FAVOR OF THE MOTION, AYE.
9:41:06AM OPPOSED?
9:41:06AM ALL RIGHT.
9:41:09AM MR. MIRANDA.
9:41:10AM >>CHARLIE MIRANDA: I PASS, MR. CHAIRMAN.
9:41:13AM >>FRANK REDDICK: MR. VIERA.
9:41:14AM >>LUIS VIERA: YES, SIR, MR. CHAIR.
9:41:16AM I HEREBY MOVE AN ORDINANCE BEING PRESENTED FOR SECOND
9:41:20AM READING AND ADOPTION.
9:41:21AM AN ORDINANCE APPROVING A SPECIAL USE PERMIT S-2 FOR
9:41:24AM ALCOHOLIC BEVERAGE SALES-SMALL VENUE CONSUMPTION ON PREMISES
9:41:29AM ONLY AND MAKING LAWFUL THE SALE OF BEER AND WINE AT OR FROM
9:41:32AM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 614 SOUTH
9:41:36AM HOWARD AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY
9:41:39AM DESCRIBED IN SECTION 2; PROVIDING THAT ALL ORDINANCES OR
9:41:41AM PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDING AN
9:41:44AM EFFECTIVE DATE.
9:41:45AM >> SECOND.
9:41:45AM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. VIERA.
9:41:48AM SECONDED BY MR. MANISCALCO.
9:41:49AM ALL IN FAVOR OF THE MOTION SAY AYE.
9:41:50AM I KEEP FORGETTING IT'S SECOND READING.
9:41:55AM PLEASE RECORD YOUR VOTE.
9:42:02AM >>THE CLERK: THE MOTION CARRIED WITH MIRANDA AND CAPIN
9:42:05AM VOTING NO.
9:42:07AM >>FRANK REDDICK: ALL RIGHT.
9:42:08AM DO WE HAVE ANY STAFF MEMBER HERE FOR ITEMS 60, 61, AND 62?
9:42:14AM ANY STAFF FOR ITEMS 60, 61 AND 62.
9:42:21AM >> I BELIEVE 61 THEY ARE GOING TO REPORT TO US IN WRITING.
9:42:31AM >>FRANK REDDICK: ALL RIGHT.
9:42:31AM ITEM NUMBER 60.
9:42:44AM >> GOOD MORNING, COUNCIL MEMBERS.
9:42:46AM DENNIS FERNANDEZ, ARCHITECTURE REVIEW AND HISTORIC
9:42:48AM PRESERVATION MANAGER.
9:42:49AM I WAS RESPONDING TO A MOTION BY CITY COUNCIL BACK ON
9:42:57AM MAY 3rd.
9:42:59AM CITY COUNCIL MOTION FOR THE HISTORIC PRESERVATION COMMISSION
9:43:01AM TO REVIEW THE TAMPA HEIGHTS DESIGN GUIDELINES RELATIVE TO
9:43:05AM FENCES AND TO PROVIDE A RECOMMENDATION TO COUNCIL REGARDING
9:43:10AM SAID MATTER.
9:43:11AM ON JUNE 12th, THE TAMPA HEIGHTS CIVIC ASSOCIATION WAS
9:43:14AM INVITED TO THE HISTORIC PRESERVATION COMMISSION PUBLIC
9:43:17AM HEARING TO PARTICIPATE IN THE PRESENTATION AND DISCUSSION OF
9:43:20AM THE EXISTING DESIGN GUIDELINES AS IT APPLIES TO FENCES
9:43:24AM WITHIN THE TAMPA HEIGHTS HISTORIC DISTRICT.
9:43:26AM THE MAIN ISSUE OF THE DISCUSSION PROBABLY BEST ILLUSTRATED
9:43:42AM IN THIS PLAN WHERE WITHIN THE CITY OF TAMPA, OUTSIDE OF THE
9:43:47AM HISTORIC DISTRICT OF TAMPA HEIGHTS, FRONT YARD FENCE IS
9:43:50AM ALLOWED TO BE PLACED BEYOND THE FRONT ELEVATION OF THE
9:43:54AM STRUCTURE AT A MAXIMUM HEIGHT OF FOUR FEET.
9:43:57AM WITHIN THE TAMPA HEIGHTS HISTORIC DISTRICT ON PARCELS THAT
9:44:01AM ARE ON CORNERS, THE FENCE -- THE MAXIMUM FENCE HEIGHT ALONG
9:44:06AM THE FRONT REMAINS AT FOUR FEET HIGH; HOWEVER, THAT EXTENDS
9:44:09AM ALONG THE CORNER TO THE REAR YARD.
9:44:12AM THE SIX-FOOT FENCE AS INDICATED BY THE BLUE LINE CAN ONLY
9:44:17AM OCCUR IN THE REAR YARD WHEREAS OUTSIDE OF THE HISTORIC
9:44:20AM DISTRICT, THAT CAN EXTEND ALONG THE SIDE UP TO THE FRONT
9:44:22AM ELEVATION.
9:44:23AM THE TAMPA HEIGHTS CIVIC ASSOCIATION JOINED IN THE DISCUSSION
9:44:30AM AND INDICATED THAT THEY NEEDED ADDITIONAL TIME TO TAKE BACK
9:44:36AM THE ISSUE TO THE RELEVANT COMMITTEES THAT DEAL WITH PLANNING
9:44:40AM AND HISTORIC PRESERVATION.
9:44:41AM THEREFORE, STAFF ONCE AGAIN MET WITH THE ASSOCIATION AND
9:44:48AM THOSE REPRESENTATIVES FROM THE COMMITTEES ON JUNE 19th.
9:44:52AM ON JUNE 26th, STAFF RECEIVED A LETTER FROM THE TAMPA
9:44:55AM HEIGHTS CIVIC ASSOCIATION ESSENTIALLY ILLUSTRATING THEIR
9:45:02AM SUPPORT FOR THE EXISTING GUIDELINES AND REQUESTING TO ENGAGE
9:45:06AM INTO THE PROCESS IF GUIDELINES ARE MODIFIED.
9:45:08AM THE HISTORIC PRESERVATION COMMISSION HELD A HEARING ON
9:45:13AM SEPTEMBER 11th.
9:45:14AM THE HPC PRESENTATION AND DISCUSSION OF THE EXISTING DESIGN
9:45:19AM GUIDELINES WAS REVIEWED AND REPRESENTATIVES OF THE CIVIC
9:45:21AM ASSOCIATION ATTENDED.
9:45:23AM THE HPC, AFTER RECEIVING PUBLIC COMMENT AND THE LETTER FROM
9:45:30AM THE PREVIOUSLY MENTIONED COMMITTEE HEADS, DID VOTE
9:45:35AM UNANIMOUSLY TO PASS A MOTION TO UPHOLD THE EXISTING FENCE
9:45:38AM STANDARDS IN THE TAMPA HEIGHTS DESIGN -- OR TAMPA HEIGHTS
9:45:41AM LOCAL HISTORIC DISTRICT.
9:45:42AM THEY NOTED THAT THE FENCE STANDARDS WERE ADOPTED WITH THE
9:45:46AM INTENT OF PRESERVING THE HISTORIC INTEGRITY OF THE
9:45:48AM NEIGHBORHOOD.
9:45:48AM I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.
9:45:52AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:45:58AM >>YVONNE CAPIN: WE NEED TO GO BACK TO THE DRAWING BOARD.
9:46:01AM I THINK WE NEED TO MODIFY THIS SO THEY CAN DEFINITELY
9:46:05AM PARTICIPATE.
9:46:05AM I WOULD MOVE THAT WE LOOK AT MODIFYING THE FENCE SETBACKS.
9:46:14AM THAT'S A MOTION I MAKE THAT THAT BE LOOKED AT.
9:46:21AM I KNOW YOU ALL STUDIED THAT AND THAT'S WHAT THEY RECOMMENDED
9:46:24AM BUT THAT'S NOT WHAT'S HAPPENING THERE.
9:46:26AM AND THEREFORE, ONE PERSON WAS BROUGHT UP FOR THEIR FENCE.
9:46:34AM WHEN WE DISCOVERED ACROSS THE STREET, NEXT DOOR, THEIR FENCE
9:46:39AM IS EXACTLY LIKE THAT.
9:46:40AM THEY ALL NEED TO BE TAKEN DOWN OR THEY NEED TO BE
9:46:43AM RETROFITTED, YOU KNOW, RETRO-APPROVED.
9:46:50AM WE HAVE THESE GUIDELINES BUT WE DON'T ENFORCE THEM EXCEPT ON
9:46:59AM ONE PERSON AND THAT CANNOT HAPPEN.
9:47:01AM I WOULD RECOMMEND THAT WHAT THEY ASKED WAS TO BE PART OF THE
9:47:06AM PROCESS IF IT IS MODIFIED, THEN I SUGGEST THAT THAT BE DONE.
9:47:10AM THAT'S MY MOTION.
9:47:15AM >>FRANK REDDICK: WE HAVE A MOTION FROM MS. CAPIN.
9:47:17AM DO WE HAVE A SECOND?
9:47:18AM SECONDED BY MR. MANISCALCO.
9:47:21AM ANY DISCUSSION OF THE MOTION?
9:47:24AM ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
9:47:25AM THOSE OPPOSED?
9:47:31AM >>YVONNE CAPIN: THANK YOU.
9:47:32AM >>FRANK REDDICK: ITEM NUMBER 61.
9:47:35AM >>BOB McDONAUGH: GOOD MORNING.
9:47:36AM BOB McDONAUGH, ECONOMIC DEVELOPMENT.
9:47:39AM AS SUGGESTED, I HAVE A WRITTEN LIST OF SUGGESTIONS
9:47:42AM CONCERNING THE USE OF POLCO BY THE CITY.
9:47:48AM I'LL PASS THAT OUT.
9:47:50AM IF YOU HAVE QUESTIONS, PLEASE FEEL FREE.
9:48:05AM >>FRANK REDDICK: OKAY.
9:48:06AM WE'LL GO TO ITEM NUMBER 62.
9:48:07AM ANYONE FROM THE REAL ESTATE DIVISION?
9:48:14AM >>MIKE SUAREZ: I DON'T SEE ANY OF THE STAFF HERE.
9:48:16AM OH, WAIT.
9:48:17AM HERE IS MONICA.
9:48:17AM SORRY ABOUT THAT.
9:48:19AM BEFORE YOU START, CHAIR, I HAD ASKED MR. PATRICK THORPE TO
9:48:24AM ATTEND.
9:48:24AM I DON'T KNOW IF HE'S HERE IN THE AUDIENCE.
9:48:26AM I DON'T SEE HIM, BECAUSE THE EXPECTATION WAS THAT WE
9:48:28AM PROBABLY WERE GOING TO TAKE THIS UP AFTER 10:30.
9:48:31AM IF I COULD REQUEST THAT WE WAIT UNTIL AFTER THAT, AFTER OUR
9:48:37AM PUBLIC HEARINGS.
9:48:37AM I KNOW IT'S GOING TO BE A LONG TIME, BUT AT LEAST WE'LL GIVE
9:48:40AM THEM SOME OPTIONS.
9:48:41AM THERE WERE A LOT OF OTHER FOLKS THAT WANTED TO SHOW UP HERE
9:48:43AM TO TALK ABOUT THIS PARTICULAR ISSUE, IF THAT'S OKAY WITH
9:48:48AM COUNCIL.
9:48:48AM >>FRANK REDDICK: ITEM NUMBER 62?
9:48:49AM >>MIKE SUAREZ: YES, SIR.
9:48:52AM >>FRANK REDDICK: ALL RIGHT.
9:48:52AM WE'LL HOLD OFF THEN AFTER THE PUBLIC HEARINGS.
9:48:56AM >>MIKE SUAREZ: APPRECIATE IT.
9:48:57AM THANK YOU, CHAIR.
9:49:02AM >>FRANK REDDICK: WE CAN'T DO OUR 10:30, SO WE GO BACK TO
9:49:05AM ITEM NUMBER 52.
9:49:15AM >>ABBYE FEELEY: GOOD MORNING, COUNCIL.
9:49:16AM ABBYE FEELEY, LAND DEVELOPMENT COORDINATION.
9:49:18AM I HAVE BEEN SWORN.
9:49:19AM ITEM NUMBER 52 ON YOUR AGENDA THIS MORNING IS THE SECOND
9:49:23AM READING FOR THE REZONING REZ 18-31, 4621 BAYSHORE BOULEVARD.
9:49:33AM THE SITE PLAN MODIFICATIONS HAVE BEEN MADE.
9:49:34AM THE SITE PLANS HAVE BEEN CERTIFIED AND PROVIDED TO THE CITY
9:49:36AM CLERK.
9:49:36AM I HAVE COPIES AVAILABLE IF YOU HAVE ANY QUESTIONS.
9:49:38AM THANK YOU.
9:49:38AM >>FRANK REDDICK: ANY QUESTIONS FROM COUNCIL?
9:49:40AM ALL RIGHT.
9:49:42AM PETITIONER.
9:50:06AM >>JOHN GRANDOFF: GOOD MORNING, MR. CHAIRMAN, MEMBERS OF CITY
9:50:08AM COUNCIL, MY NAME IS JOHN GRANDOFF, SUITE 3700, BANK OF
9:50:12AM AMERICA PLAZA.
9:50:14AM I HAVE THE PLEASURE OF REPRESENTING MR. RICHARD JENKINS IN
9:50:17AM THIS PROJECT.
9:50:18AM BEFORE WE BEGIN, I WANT TO MAKE SURE WE CAN SET THE GROUND
9:50:24AM RULES FOR PUBLIC PARTICIPATION AND ON THE ORDER OF THESE
9:50:28AM MATTERS.
9:50:28AM I REQUEST THAT THESE MATTERS BE TAKEN ONE AT A TIME.
9:50:32AM THE PD APPLICATION BE CONSIDERED FIRST, A VOTE TAKEN, AND
9:50:38AM THEN THE SPECIAL USE APPLICATION TAKEN, IF NECESSARY,
9:50:42AM AFTERWARDS.
9:50:42AM I THINK THERE IS REVERSIBLE ERROR IN CONSIDERING BOTH
9:50:47AM APPLICATIONS BALLED UP INTO ONE HEARING.
9:50:50AM THERE ARE DIFFERENT STANDARDS OF REVIEW.
9:50:53AM THEY ARE DIFFERENT ELEMENTS OF EVIDENCE THAT MUST BE
9:50:55AM PRESENTED AND I RESPECTFULLY REQUEST THAT THESE BE TAKEN ONE
9:51:00AM AT A TIME THIS MORNING.
9:51:02AM >>FRANK REDDICK: DO YOU ALSO REQUEST THAT THOSE WHO SPEAK,
9:51:05AM SPEAK ON BOTH ITEMS?
9:51:08AM >>JOHN GRANDOFF: NO.
9:51:09AM I'M ASKING THAT WE HAVE THE PD HEARING FIRST.
9:51:13AM >>FRANK REDDICK: IF THEY ARE SPEAKING FOR THE PD, ARE YOU
9:51:16AM ALSO SAYING THEY CAN SPEAK FOR THE ZONING AS WELL?
9:51:19AM >>JOHN GRANDOFF: I DON'T UNDERSTAND YOUR QUESTION.
9:51:22AM >>FRANK REDDICK: IF WE TAKE IT UP SEPARATE, THAT MEANS THEY
9:51:25AM CAN SPEAK TWICE.
9:51:26AM >>JOHN GRANDOFF: THAT'S CORRECT.
9:51:27AM TWO SEPARATE HEARINGS.
9:51:31AM >>FRANK REDDICK: WHAT IS THE WISH OF THE COUNCIL?
9:51:33AM >>CHARLIE MIRANDA: CHAIRMAN, I SEE A LARGE AUDIENCE HERE IN
9:51:36AM THE CHAMBERS.
9:51:37AM I ALSO SEE A COURT REPORTER AND FOR THE CLARITY OF BEING ON
9:51:42AM THE RIGHT SIDE, MAKE SURE WE DON'T MAKE ANY ERRORS ONE WAY
9:51:45AM OR THE OTHER, I WOULD SAY LET THEM HAVE THE THREE MINUTES ON
9:51:51AM EACH ONE AND LET'S HAVE THEM SEPARATELY.
9:51:53AM >>YVONNE CAPIN: I AGREE.
9:51:59AM >>LUIS VIERA: IF I MAY, I AGREE WITH THAT.
9:52:01AM I THINK IT'S BETTER TO ERR ON THE SIDE OF CAUTION, BUT I
9:52:04AM WOULD JUST ASK THAT FOR THREE MINUTES, SPEAK AND LET US KNOW
9:52:11AM EVERYTHING YOU WANT TO HEAR AND GO FROM THERE.
9:52:14AM THANK YOU.
9:52:15AM >>JOHN GRANDOFF: BUT THE PROCEDURE THAT ALLOWS FOLKS TO
9:52:18AM DONATE TIME UP TO 10 MINUTES STILL APPLIES.
9:52:20AM YOU HAVE THREE MINUTES UNLESS YOU ARE ALLOCATED MORE TIME.
9:52:27AM >>FRANK REDDICK: YOU'RE SPEAKING ABOUT THE WAIVER FORM.
9:52:31AM >>JOHN GRANDOFF: YES, IF SOMEONE IS ALLOCATED MORE TIME AND
9:52:36AM THEY ARE PROVIDED THREE MINUTES, THEN THEY CAN SPEAK UP TO
9:52:39AM TEN MINUTES.
9:52:40AM >>CHARLIE MIRANDA: MR. CHAIRMAN, IF I MAY.
9:52:42AM I GOT CAUGHT OFF GUARD.
9:52:44AM THAT WASN'T PART OF YOUR ORIGINAL STATEMENT YOU MADE, SIR,
9:52:47AM AM I CORRECT?
9:52:48AM >>JOHN GRANDOFF: WHAT I MEAN --
9:52:49AM >>CHARLIE MIRANDA: I UNDERSTAND WHAT YOU MEAN BUT THAT
9:52:51AM WASN'T WHAT YOU SAID IN THE BEGINNING.
9:52:54AM SAID WE WOULD DIVIDE IT INTO TWO AND THREE MINUTES EACH.
9:52:57AM >>JOHN GRANDOFF: YES, BUT IF SOMEONE IS IN THE AUDIENCE THAT
9:52:59AM IS GOING TO SPEAK, FOR INSTANCE, MYSELF, I'M ALLOCATED THREE
9:53:04AM MINUTES.
9:53:04AM >>CHARLIE MIRANDA: NO, YOU ARE NOT ALLOCATED THREE MINUTES,
9:53:07AM SIR.
9:53:08AM YOU ARE REPRESENTING THE PETITIONER.
9:53:10AM YOU HAVE 15 MINUTES AND FIVE MINUTES.
9:53:12AM >>JOHN GRANDOFF: NO, MR. MIRANDA, I BEG YOUR PARDON.
9:53:15AM I'M IN OPPOSITION TO THE APPLICATION.
9:53:16AM SO I'M ALLOWED THREE MINUTES, HOWEVER I MAY BE GRANTED AN
9:53:21AM ADDITIONAL SEVEN MINUTES BY PEOPLE IN THE CHAMBER WHO PUT
9:53:25AM THEIR NAME AND ADDRESS ON THE RECORD.
9:53:26AM >>CHARLIE MIRANDA: I UNDERSTAND THAT AND APPRECIATE THAT
9:53:28AM VERY MUCH.
9:53:28AM AND THIS COUNCIL IN THE PAST HAS EVEN SOMETIMES, BECAUSE OF
9:53:31AM THE LARGE ATTENDANCE, GET EVERYBODY IN THE AUDIENCE A CHANCE
9:53:34AM TO SPEAK HAS REDUCED THE TIME FROM THREE MINUTES TO TWO
9:53:38AM MINUTES SO EVERYBODY CAN SPEAK.
9:53:40AM WE'VE ALSO ASKED THE PEOPLE IF THEY HAVE ALREADY HEARD WHAT
9:53:43AM THEY ARE GOING TO SAY, NOT -- BECAUSE WE ALREADY HEARD IT,
9:53:46AM JUST TO SAY I AGREE OR SOMETHING TO THAT MATTER.
9:53:48AM I SIT HERE ALL DAY AND I SPEAK FOR ALL SEVEN OF US.
9:53:52AM WE CAN SIT HERE ALL DAY.
9:53:53AM IT'S NO PROBLEM.
9:53:54AM BUT FOR THE AUDIENCE PART, I DON'T WANT NOBODY ON ONE SIDE
9:53:59AM OR THE OTHER SIDE LEAVING WITHOUT HAVING THE OPPORTUNITY TO
9:54:02AM SPEAK.
9:54:02AM IT'S UP TO THE COUNCIL WHAT THEY WANT TO DO.
9:54:07AM >>YVONNE CAPIN: HE IS CORRECT ABOUT THE TIME UNLESS WE WAIVE
9:54:11AM IT, BECAUSE IT'S OUR PREROGATIVE TO REDUCE THE TIME.
9:54:15AM IT'S OUR PREROGATIVE TO ADD THE TIME.
9:54:18AM COULD YOU LOOK AT THAT AND TELL ME, PLEASE, WHAT WE HAVE ON?
9:54:26AM >>MARTIN SHELBY: YES, COUNCILWOMAN CAPIN.
9:54:29AM JUST A MINUTE, PLEASE.
9:54:29AM WITH REGARD TO SETTING THE TIME, IN MATTERS OF
9:54:37AM QUASI-JUDICIAL MATTERS, THE PETITIONER IS LIMITED TO 20
9:54:44AM MINUTES COMPRISED OF 15 MINUTES OF INITIAL PRESENTATION, 5
9:54:46AM MINUTES FOR REBUTTAL.
9:54:48AM IF A PETITIONER SEEKING REVIEW DOES NOT HOLD AN INTEREST IN
9:54:52AM THE SUBJECT PROPERTY THAN THE HOLDER OF THE PROPERTY
9:54:55AM INTEREST SHALL BE AFFORDED EQUAL TIME TO MAKE A
9:54:57AM PRESENTATION.
9:54:57AM REQUEST FOR ADDITIONAL TIME MAY ONLY BE GRANTED IF THE
9:55:02AM PARTICIPANT MAKING THE REQUEST ESTABLISHES TO THE
9:55:04AM SATISFACTION OF COUNCIL THAT ADDITIONAL TIME IS NECESSARY TO
9:55:06AM AFFORD PROCEDURAL DUE PROCESS.
9:55:09AM COUNCIL MEMBERS MAY BY MAJORITY VOTE GRANT OR DENY THE
9:55:12AM REQUEST AND DETERMINE THE ADDITIONAL TIME NECESSARY, IF ANY.
9:55:15AM IN THE EVENT THAT A PARTICIPANT IN A QUASI-JUDICIAL HEARING
9:55:18AM IS GIVEN ADDITIONAL TIME TO MAKE A PRESENTATION, THEN THE
9:55:22AM PETITIONER MAY REQUEST ADDITIONAL TIME FOR PURPOSES OF
9:55:25AM REBUTTAL AS NECESSARY TO AFFORD PROCEDURAL DUE PROCESS.
9:55:30AM NOW, WITH REGARD TO PUBLIC PARTICIPATION IN GENERAL, THE
9:55:34AM RULES STATE THAT MEMBERS OF THE PUBLIC SHALL BE GIVEN A
9:55:37AM REASONABLE OPPORTUNITY TO BE HEARD AT A TIME BEFORE CITY
9:55:39AM COUNCIL TAKES OFFICIAL ACTION.
9:55:41AM SPEAKERS SHALL FIRST STATE THEIR LEGAL NAMES FOR THE
9:55:44AM PURPOSES OF IDENTIFICATION IN THE RECORD OF THE MEETING.
9:55:47AM NOW TO YOUR POINT, CITY COUNCIL MAY ESTABLISH TIME LIMITS
9:55:50AM FOR MEMBERS OF THE PUBLIC TO ADDRESS COUNCIL, UNLESS SUCH
9:55:53AM TIME LIMIT IS OTHERWISE ESTABLISHED, EACH MEMBER OF THE
9:55:55AM PUBLIC SHALL BE LIMITED TO THREE MINUTES.
9:55:58AM MEMBERS OF THE PUBLIC ADDRESSING COUNCIL SHALL OBSERVE ALL
9:56:02AM TIME LIMITATIONS THAT MAY APPLY.
9:56:06AM WITH REGARD TO DECISIONS, THE CHAIR SHALL DECIDE ALL
9:56:10AM QUESTIONS OF PROCEDURE AND ORDER AND THE DECISION SHALL
9:56:13AM STAND UNLESS REVERSED BY A MAJORITY VOTE OF THE ENTIRE
9:56:16AM COUNCIL.
9:56:17AM FINALLY, DURING PUBLIC HEARINGS, INDIVIDUAL MEMBERS OF THE
9:56:20AM PUBLIC, PROVIDED THEY ARE PRESENT IN THE AUDIENCE, MAY
9:56:23AM DESIGNATE A REPRESENTATIVE SPOKESPERSON TO SPEAK ON THEIR
9:56:27AM BEHALF AT THAT PUBLIC HEARING AND THEREBY RELINQUISH THEIR
9:56:31AM TIME TO THAT SPOKESPERSON.
9:56:32AM THEREAFTER, THEY MAY NOT BE HEARD ON THE AGENDA FOR WHICH
9:56:35AM DESIGNATION WAS MADE.
9:56:36AM SUCH DESIGNATION SHALL BE MADE BY SIGNING A SPEAKER WAIVER
9:56:40AM FORM.
9:56:40AM THE REPRESENTATIVE SPOKESPERSON SHALL BE ALLOWED TO SPEAK
9:56:44AM FOR ONE MINUTE FOR EACH SUCH DESIGNATION UP UNTIL A MAXIMUM
9:56:49AM OF TEN MINUTES.
9:56:51AM AND, FINALLY, COUNCIL, THESE RULES OF PROCEDURE MAY BE
9:56:54AM AMENDED BY A MAJORITY VOTE OF THE ENTIRE COUNCIL AT ANY
9:56:58AM REGULAR MEETING OF THE COUNCIL AFTER HAVING BEEN AT -- THIS
9:57:02AM IS WHAT I MEANT TO READ -- ANY OF THE FOREGOING RULES MAY BE
9:57:05AM TEMPORARILY SUSPENDED FOR THE MEETING THEN IN SESSION BY A
9:57:08AM SUPERMAJORITY VOTE OF FIVE OR MORE MEMBERS OF COUNCIL UNLESS
9:57:11AM SUCH WAIVER IS IN CONFLICT WITH THE CITY CHARTER OR STATE OR
9:57:16AM LOCAL LAW.
9:57:17AM THOSE ARE YOUR RULES.
9:57:18AM >>FRANK REDDICK: ALL RIGHT.
9:57:19AM BEFORE WE MAKE A DECISION ON THAT, LISTEN TO THE PETITIONER.
9:57:23AM MR. SMITH.
9:57:25AM >> THANK YOU VERY MUCH.
9:57:26AM DAVID SMITH, 401 EAST JACKSON STREET, GRAY ROBINSON FOR THE
9:57:29AM APPLICANT.
9:57:30AM WE WOULD LIKE TO BE HEARD ON THIS ISSUE.
9:57:32AM I APOLOGIZE, AS WE KNOW, WE'LL BE CHALLENGED ON PROCEDURAL
9:57:36AM DUE PROCESS GROUNDS.
9:57:37AM I WANT TO MAKE SURE I CREATE THE RECORD TO PROTECT THAT.
9:57:39AM MR. SHELBY HAS CORRECTLY SUMMARIZED YOUR REQUIREMENTS.
9:57:42AM I'D LIKE TO PROVIDE THIS CASE LAW TO THE COUNCIL.
9:57:46AM I WOULD LIKE TO BRIEFLY INDICATE THAT WHAT MR. SHELBY HAS
9:57:56AM SUMMARIZED IS ALSO AN ADEQUATE AND CORRECT STATEMENT OF THE
9:57:59AM DUE PROCESS REQUIREMENTS.
9:58:00AM WHAT IS DUE PROCESS IS A MATTER FOR DETERMINATION WITHIN THE
9:58:03AM CONTEXT BY THE TRIBUNAL THAT TAKES INTO ACCOUNT THE CONTEXT.
9:58:07AM THIS TRIBUNAL IS ABLE TO AVOID DUPLICATIVE AND REPETITIVE
9:58:11AM TESTIMONY.
9:58:12AM IT IS ABLE TO AVOID UNNECESSARY HARASSMENT, HARANGUEMENT AND
9:58:15AM ABUSE.
9:58:15AM SO YOU HAVE AN OPPORTUNITY TO DECIDE WHAT IS AN APPROPRIATE
9:58:19AM AMOUNT OF DUE PROCESS.
9:58:21AM THE U.S. SUPREME COURT IN THE CASE OF MATTHEWS VERSUS
9:58:24AM ELDRIDGE PROVIDED THREE ITEMS OF CONSIDERATION IN THAT
9:58:28AM REGARD.
9:58:28AM THE FIRST IS THE PRIVATE INTERESTS THAT WILL BE AFFECTED.
9:58:32AM YOU'LL FIND IN THE CASE I PROVIDED YOU THE PRIVATE INTERESTS
9:58:35AM THAT WILL BE AFFECTED IS THE PRIVATE INTEREST OF THE
9:58:37AM APPLICANT.
9:58:38AM AND THE APPLICANT AS A PARTY IS ENTITLED TO DIFFERENT DUE
9:58:42AM PROCESS PROTECTIONS THAN A PARTICIPANT THAT MAY NOT MAKE
9:58:46AM PEOPLE HAPPY.
9:58:47AM UNFORTUNATELY, IT'S THE LAW.
9:58:49AM SO YOU HAVE THE ABILITY TO DETERMINE, AS LONG AS YOU PROTECT
9:58:53AM THE PRIVATE INTERESTS AT STAKE, APPROPRIATE PROCEDURES,
9:58:56AM SINCE THE RISK OF AN ERRONEOUS DEPRIVATION IS PART OF WHAT
9:59:01AM YOU SHOULD ANALYZE.
9:59:02AM FINALLY, THE PROBABLE VALUE OF ANY OF THE ADDITIONAL OR
9:59:05AM SUBSTITUTE PROCEDURAL GUIDELINES.
9:59:06AM SO AS LONG AS YOU ARE PROVIDING A FAIR OPPORTUNITY TO BE
9:59:10AM HEARD IN THAT DECISION BY THIS BODY IS REASONABLE AND
9:59:14AM DEFENSIBLE YOU HAVE MET THE DUE PROCESS STANDARD.
9:59:16AM THANK YOU.
9:59:17AM ANY QUESTIONS, I WOULD BE HAPPY TO ANSWER THEM.
9:59:19AM >>CHARLIE MIRANDA: I DON'T HAVE A QUESTION.
9:59:21AM I HAVE A STATEMENT TO OURSELVES HERE.
9:59:23AM WHAT I SEE HERE IS SOMETHING THAT MAY END HERE TODAY, MAY
9:59:26AM NOT END HERE TODAY.
9:59:27AM IT MAY GO TO SOME OTHER TRIBUNAL.
9:59:29AM BUT I'D LIKE TO HAVE ALL THE ATTORNEYS THAT ARE GOING TO
9:59:36AM REPRESENT FOR AND NOT SO FOR, TO COME AND ASK A COUPLE OF
9:59:39AM QUESTIONS TO MAKE SURE WE'RE IN THE SAME BALLPARK AND
9:59:43AM NEITHER ONE OF THEM CAN COME BACK AFTER US.
9:59:45AM MR. GRANDOFF, THE THREE OF YOU, PLEASE.
9:59:49AM THESE ARE THE THREE MAIN ONES I THINK HERE THAT ARE
9:59:54AM REPRESENTING.
9:59:54AM I REMEMBER FROM THE FIRST HEARING.
9:59:56AM WHAT IS IT YOU ALL WANT TO AGREE WITH WITH THE COUNCIL?
9:59:59AM 15 MINUTES TO OPEN, IS THAT CORRECT?
10:00:04AM >> THAT'S FINE.
10:00:05AM >>CHARLIE MIRANDA: THEN YOU HAVE, MR. GRANDOFF, WHAT'S YOUR
10:00:08AM TIME?
10:00:09AM >>JOHN GRANDOFF: I WOULD HAVE TEN MINUTES.
10:00:11AM I'M ALLOCATED THREE.
10:00:12AM I'LL GAIN SEVEN MINUTES FROM PEOPLE IN THE CHAMBER.
10:00:16AM >>CHARLIE MIRANDA: LET ME SAY THIS, AND I WOULD LIKE TO HAVE
10:00:22AM 15 MINUTES, 15 MINUTES AND THEN YOU HAVE 5 MINUTES REBUTTAL
10:00:25AM AND THAT ENDS THE ATTORNEY PART, DO WE AGREE ON THAT?
10:00:38AM >>JOHN GRANDOFF: WHAT ABOUT OTHER ATTORNEYS IN THE
10:00:40AM CHAMBER --
10:00:41AM >>CHARLIE MIRANDA: THE THREE MAIN ONES I REMEMBER ARE RIGHT
10:00:44AM HERE.
10:00:45AM >> THAT'S ACCEPTABLE TO ME.
10:00:47AM >>MARTIN SHELBY: RESPECTFULLY, MR. MIRANDA, I DON'T KNOW
10:00:49AM WHAT THE INTERESTS ARE OF THE PEOPLE WHO ARE REPRESENTED BY
10:00:52AM OTHER COUNSEL.
10:00:54AM SO I WOULD BE CONCERNED THAT WE DO NOT LIMIT THE ATTORNEY
10:01:03AM CONVERSATION AND BY DOING SO PERHAPS AFFECT SOMEONE ELSE'S
10:01:06AM DUE PROCESS RIGHTS.
10:01:07AM I JUST WANT TO BE CLEAR.
10:01:09AM AND THE OTHER THING THAT I ASK COUNCIL IS THE THRESHOLD
10:01:12AM QUESTION IS WHETHER IT'S GOING TO BE HEARD TOGETHER, THE
10:01:16AM ALCOHOLIC BEVERAGE TOGETHER WITH THE REZONING OR WHETHER
10:01:20AM THEY ARE GOING TO BE HEARD SEPARATELY.
10:01:21AM AND I DON'T KNOW THAT THAT'S BEEN RESOLVED YET, AT LEAST I
10:01:24AM HAVE NOT HEARD IT.
10:01:28AM >>CHARLIE MIRANDA: ONE SIDE HAS 15 MINUTES THEN THE OTHER
10:01:31AM SIDE CAN ONLY HAVE 15 MINUTES, NO MATTER WHO REPRESENTS
10:01:34AM THEM, WHO COMES TO SPEAK.
10:01:35AM >>MARTIN SHELBY: NO, SIR.
10:01:36AM QUITE FRANKLY, MAYBE MS. KERT COULD GET INVOLVED IN THAT, IF
10:01:39AM SHE WISHES.
10:01:40AM NOT EVERYBODY HERE IS A PARTY TO THE SITUATION.
10:01:42AM AND BECAUSE NOT EVERYONE HERE IS A PARTY, THEY HAVE
10:01:46AM DIFFERENT RIGHTS UNDER THE LAW.
10:01:49AM SO SOMEONE WHO LET'S, FOR INSTANCE, LIVES IN WEST A TAMPA
10:01:54AM WHO FEELS VERY STRONGLY ABOUT IT DOES NOT HAVE THE SAME KIND
10:01:57AM OF RIGHTS, LET'S SAY FOR PURPOSES OF ILLUSTRATION, AS THE
10:02:00AM PROPERTY OWNER.
10:02:01AM I WANT TO BE CONCERNED THAT THIS RECORD IS NOT JUST FOR THE
10:02:04AM BENEFIT OF THE CLIENTS BEING REPRESENTED BY THESE TWO
10:02:09AM GENTLEMEN, BUT ALSO FOR THE PURPOSES OF MAKING SURE THE CITY
10:02:16AM AFFORDS RIGHTS PROPERLY TO PROTECT THE CITY IN INSTANCES IN
10:02:22AM CASE THIS GOES FORWARD.
10:02:23AM >>CHARLIE MIRANDA: I WOULD NEVER DO NOTHING UNLESS IT
10:02:25AM PROTECTS THE CITY.
10:02:26AM THAT'S NUMBER ONE.
10:02:26AM NUMBER TWO, SOMEBODY FROM WEST TAMPA COMES HERE AND WANTS 15
10:02:30AM MINUTES, THEY ARE IN THE WRONG HALL.
10:02:31AM THEY SHOULD BE IN THE BINGO HALL WITH ME.
10:02:35AM [ LAUGHTER ]
10:02:36AM WHAT I'M SAYING, I'M NOT TRYING TO BE COMICAL, A FACT IS A
10:02:39AM FACT.
10:02:39AM I UNDERSTAND THERE ARE MORE ATTORNEYS, AND I WANT TO GIVE
10:02:41AM THEM ALL THE DUE PROCESSES.
10:02:43AM I WITHDRAW MY MOTION AND SEE WHAT HAPPENS HERE.
10:02:46AM I DON'T MIND BEING HERE UNTIL MIDNIGHT.
10:02:48AM I'M USED TO DOING THAT.
10:02:52AM >> THE ONLY PEOPLE WHO ARE PARTIES UNDER THE CASE LAW IS THE
10:02:54AM GOVERNMENT AND THE APPLICANT.
10:02:56AM EVERYONE ELSE IS A PARTICIPANT.
10:02:57AM THEY ARE NOT A PARTY.
10:03:04AM >>YVONNE CAPIN: I WANT TO BRING UP HE WITHDREW.
10:03:06AM BUT THE FACT THAT MR. GRANDOFF BROUGHT UP THERE ARE OTHER
10:03:11AM ATTORNEYS.
10:03:11AM THAT ALONE STOP THE PROCESS.
10:03:13AM IT STOPPED THE PROCESS IN JUST GIVING THE TWO OR THE THREE
10:03:17AM ATTORNEYS' TIME.
10:03:18AM I THINK THAT WOULD BE PROBLEMATIC DOWN THE ROAD.
10:03:29AM >>JOHN GRANDOFF: I THINK THE COUNCIL HAS POWER TO LIMIT
10:03:32AM REPETITIOUS TESTIMONY.
10:03:34AM >>FRANK REDDICK: WE UNDERSTAND THAT.
10:03:35AM >>MARTIN SHELBY: THAT'S WHAT I WAS GOING TO SAY, MR. CHAIR.
10:03:38AM IT'S OBVIOUSLY VERY IMPORTANT THAT WE AFFORD EVERYONE THAT
10:03:41AM EXPECTS TO SPEAK THE OPPORTUNITY TO BE HEARD.
10:03:44AM I DON'T THINK THERE'S ANY DISPUTE ABOUT THAT ON EITHER SIDE.
10:03:47AM BUT THE CHAIR CERTAINLY HAS THE PREROGATIVE TO, I THINK,
10:03:51AM STOP REPETITIVE AND UNNECESSARY AND EXTRA TESTIMONY IN ORDER
10:03:55AM TO MOVE THINGS ALONG.
10:03:58AM AND I THINK THAT WE CAN COME UP WITH A REASONABLE AMOUNT OF
10:04:01AM TIME TO SET FOR PEOPLE TO SPEAK IN BOTH HEARINGS.
10:04:06AM >>FRANK REDDICK: HERE IS MY CONCERN IS THAT WE DIDN'T CHANGE
10:04:09AM NO RULES FOR THE FIRST READING.
10:04:12AM NOW YOU WANT TO MODIFY THESE RULES FOR SECOND READING.
10:04:15AM I DON'T FEEL COMFORTABLE WITH THAT.
10:04:17AM MS. KERT, DO YOU WANT TO ADD ANYTHING TO THIS?
10:04:23AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
10:04:25AM I BELIEVE THAT YOUR RULES AS THEY ARE WRITTEN AFFORD
10:04:29AM PROCEDURAL DUE PROCESS TO EVERYONE.
10:04:31AM I BELIEVE CITY COUNCIL IS CAPABLE OF HEARING THEM TOGETHER.
10:04:33AM HOWEVER, I DO ALSO BELIEVE IT REMOVES ANY ARGUMENTS TO HEAR
10:04:36AM THEM SEPARATELY AND THERE ARE DIFFERENT STANDARDS.
10:04:38AM THERE'S CERTAINLY NO OBJECTION TO HEARING THEM SEPARATELY.
10:04:41AM BUT THE TIME FRAMES THAT ARE PROVIDED UNDER YOUR RULES ARE
10:04:46AM SUFFICIENT, AND YOU DO ALLOW FOR TWO PUBLIC HEARINGS, WHICH
10:04:49AM IS MORE THAN MOST JURISDICTIONS ALLOW, AND YOU DO ALLOW FOR
10:04:53AM SPEAKER WAIVER FORMS, WHICH ALLOWS PEOPLE TO CONSOLIDATE
10:04:56AM UNDER ONE SPEAKER FOR ADDITIONAL TIME.
10:04:59AM I THINK ALL OF THAT, IF YOU FOLLOW YOUR OWN RULES, I THINK
10:05:01AM YOU ARE IN GOOD STEAD.
10:05:06AM >>JOHN GRANDOFF: I AGREE WITH THAT.
10:05:07AM IF SPEAKER WAIVER FORMS ARE HONORED, THEN WE HAVE NO
10:05:11AM PROBLEM.
10:05:12AM >>FRANK REDDICK: ANY OTHER COMMENTS FROM COUNCIL?
10:05:16AM >> TRUETT GARDNER, NORTH ASHLEY DRIVE ON BEHALF OF THE
10:05:19AM APPLICANT.
10:05:20AM I THINK WE NEED TO BEAR IN MIND THIS IS A SECOND READING.
10:05:23AM WE ARE GOING TO BE AS EFFICIENT AS POSSIBLE IN THAT.
10:05:26AM I JUST WANTED TO MAKE THAT STATEMENT.
10:05:32AM >>MARTIN SHELBY: IF I CAN FOLLOW UP, MR. GARDNER, GENERALLY
10:05:35AM SPEAKING -- AND I THINK MR. GRANDOFF WOULD AGREE -- THAT
10:05:37AM WHAT EVIDENCE AND TESTIMONY WAS PROVIDED AT THE FIRST PUBLIC
10:05:40AM HEARING IT'S CUMULATIVE.
10:05:42AM COUNCIL WILL STILL BE ABLE TO RELY UPON ALL THE INFORMATION
10:05:45AM THAT THEY GATHER FROM THE FIRST PUBLIC HEARING.
10:05:46AM >> CORRECT, AND WE'RE FINE.
10:05:55AM I'M STATING THAT BECAUSE I KNOW WE HAVE -- MR. MIRANDA
10:05:55AM SUGGESTED 15 MINUTES, THAT'S FINE WITH US.
10:05:54AM I THINK OUR CASE IN CHIEF WILL BE FAR SHORTER THAN THAT AS A
10:05:58AM RESULT OF THIS BEING A SECOND MEETING.
10:05:59AM SO WE WOULD ASK FOR ANY ADDITIONAL TIME BE SAVED FOR
10:06:02AM REBUTTAL.
10:06:03AM >>FRANK REDDICK: LET ME ASK YOU, DO YOU HAVE ANY OBJECTION
10:06:05AM TO HEARING THIS SEPARATE?
10:06:15AM >>YVONNE CAPIN: I MAKE A MOTION WE HEAR THEM SEPARATE.
10:06:17AM >>FRANK REDDICK: MOTION BY MS. CAPIN, SECOND BY MR. COHEN.
10:06:20AM ANY FURTHER DISCUSSION OF THE MOTION?
10:06:21AM ALL IN FAVOR OF THE MOTION, AYE.
10:06:23AM OPPOSED.
10:06:24AM YES, SIR.
10:06:26AM >> OUR ONLY EXCEPTION TO THAT IS WE WOULD LIKE TO HAVE
10:06:29AM NEITHER ONE OF THEM VOTED ON UNTIL YOU HEARD BOTH.
10:06:32AM THAT WAY YOU VOTE ON ZONING AS YOU MUST ANYWAY.
10:06:36AM AT LEAST WE HAVE HEARD THE TESTIMONY, SEEN THE INTERACTION
10:06:38AM OF COUNCIL AND CAN MAKE A DETERMINATION OF EXACTLY WHERE WE
10:06:41AM ARE, SO WE'D APPRECIATE AT LEAST THAT COURTESY, WHICH HAS
10:06:44AM BEEN AFFORDED EVERY OTHER JOINT APPLICANT TO MY KNOWLEDGE
10:06:48AM FOR A LONG TIME.
10:06:48AM >>FRANK REDDICK: THANK YOU.
10:06:49AM WILL DO.
10:06:50AM LET'S GET STARTED.
10:06:53AM >>JOHN GRANDOFF: I DON'T UNDERSTAND --
10:07:00AM >> WE DON'T WANT TO REZONE IF WE DON'T GET BOTH.
10:07:03AM WE THINK THIS IS AN EFFORT TO CHANGE THE PROCESS IN ORDER TO
10:07:06AM CREATE IMPROPER PRESSURE ON THE APPLICANT AND THAT IS NOT
10:07:08AM WHAT HAS BEEN THE HISTORY OF THIS COUNCIL.
10:07:11AM THE COUNCIL HAS HEARD BOTH.
10:07:13AM HAS ASKED QUESTIONS, HAS PROVIDED INPUT, HAS ALLOWED AN
10:07:16AM APPLICANT AN ABILITY TO DETERMINE POSSIBLY THEY MIGHT KNOW
10:07:20AM WHERE IT'S GOING.
10:07:20AM THAT'S AN IMPORTANT DUE PROCESS RIGHT THAT THIS APPLICANT IS
10:07:24AM ENTITLED TO AND WE WOULD OBJECT TO CHANGING THAT.
10:07:27AM >>YVONNE CAPIN: YOU DON'T WANT US TO VOTE ON THE FIRST ONE
10:07:30AM UNTIL WE HEAR THE SECOND ONE AND VOTE ON BOTH TOGETHER.
10:07:33AM >> YES, MA'AM.
10:07:33AM THERE COULD BE ISSUES THAT COME UP IN THE SECOND ONE THAT
10:07:36AM CAUSE US TO WITHDRAW.
10:07:37AM I DON'T BELIEVE SO BUT WE HAVE THE RIGHT TO DO THAT AND WE
10:07:39AM WOULD LIKE TO KEEP THAT RIGHT.
10:07:42AM >>YVONNE CAPIN: I UNDERSTAND WHAT HE'S SAYING.
10:07:44AM >>FRANK REDDICK: ANYTHING ELSE?
10:07:48AM IF WE DON'T START THIS SOON, WE'LL GO INTO THE 10:30 ITEMS
10:07:52AM ON THE AGENDA.
10:07:52AM >>MARTIN SHELBY: WITH REGARD TO PROCEDURALLY, I WANT TO BE
10:07:55AM CLEAR, THERE WAS A MOTION AND VOTE ON HEARING THEM
10:07:57AM SEPARATELY.
10:07:58AM THAT BEING SAID, MR. CHAIRMAN, FOR THE PURPOSES OF THE
10:08:01AM PUBLIC, BECAUSE THEY ARE TWO SEPARATE ISSUES AND TWO
10:08:06AM SEPARATE STANDARDS, THAT COUNCIL, AGAIN, BECAUSE OF THE FACT
10:08:11AM THERE WAS A FIRST PUBLIC HEARING WHERE TESTIMONY WAS TAKEN,
10:08:17AM WE ASK THAT FOR PURPOSES OF TIME TO AVOID REPETITION AND TO
10:08:23AM STICK TO THAT PARTICULAR ISSUE THAT IS BEFORE COUNCIL DURING
10:08:26AM THAT PARTICULAR MATTER, THAT PARTICULAR PETITION.
10:08:29AM THANK YOU.
10:08:30AM ALSO, MR. CHAIRMAN, IF I CAN, ONE MORE THING, THE SPEAKER
10:08:34AM WAIVER FORM, AGAIN, THE SPEAKER WAIVER FORM IS AVAILABLE
10:08:38AM OUTSIDE, KIOSK OUTSIDE COUNCIL CHAMBERS.
10:08:42AM PLEASE ONLY ONE SINGLE PAGE WAIVER FORM PER SPEAKER AND,
10:08:48AM AGAIN, PLEASE BE AWARE AND ABIDE BY THE FACT THAT YOUR NAME
10:08:54AM MAY NOT APPEAR ON MORE THAN ONE SPEAKER WAIVER FORM.
10:08:57AM IF YOU HAVE A SPEAKER WAIVER FORM, IF YOU ARE A SPEAKER, IT
10:09:00AM MUST BE SUBMITTED TO ME, TO THE CITY COUNCIL WHEN
10:09:03AM APPROACHING TO SPEAK, AND THOSE WHOSE NAMES -- THIS IS FOR
10:09:06AM THE PEOPLE WHO ARE OUTSIDE THE ROOM, PERHAPS DOWNSTAIRS,
10:09:10AM THOSE WHOSE NAMES APPEAR ON THE WAIVER FORM MUST BE INSIDE
10:09:14AM COUNCIL CHAMBERS TO WAIVE THEIR TIME WHEN YOUR SPEAKER
10:09:17AM SUBMITS YOUR WAIVER FORM.
10:09:19AM THANK YOU.
10:09:20AM >>FRANK REDDICK: ALL RIGHT.
10:09:21AM ANYTHING ELSE?
10:09:24AM >>JOHN GRANDOFF: MR. SHELBY ASKED THAT YOU INSTRUCT THE
10:09:26AM COUNCIL ON RULE 5-G.
10:09:28AM THAT'S ALL I HAVE.
10:09:48AM >>MARTIN SHELBY: NO ONE PRESENT DURING A COUNCIL MEETING
10:09:51AM SHALL ENGAGE --
10:09:52AM >>JOHN GRANDOFF: NO, 5-G.
10:09:54AM >>MARTIN SHELBY: I'M LOOKING AT THE LATEST VERSION.
10:09:57AM ARE YOU REFERRING TO THE FACT THAT -- THAT ALL PERSONS
10:10:04AM APPEARING -- ALL PERSONS -- THIS THE ONE?
10:10:06AM ALL PERSONS APPEARING BEFORE CITY COUNCIL DURING A
10:10:09AM QUASI-JUDICIAL HEARING SHALL FIRST DECLARE THAT THE
10:10:12AM STATEMENTS OR EVIDENCE PRESENTED IS TRUTHFUL BY TAKING AN
10:10:15AM OATH OR AFFIRMATION.
10:10:17AM THAT IS A SIGN UP THERE TO REMIND YOU TO DO THAT.
10:10:20AM >>JOHN GRANDOFF: NO, THAT'S NOT THE RULE.
10:10:21AM >>MARTIN SHELBY: OH, THE ONE OVER HERE.
10:10:24AM G.
10:10:25AM >>JOHN GRANDOFF: IT'S 6-G.
10:10:27AM PARDON ME.
10:10:27AM >>MARTIN SHELBY: ALL PERSONS WHO PROVIDE TESTIMONY,
10:10:30AM INFORMATION, OR OPINION REGARDING A PETITION IN A
10:10:33AM QUASI-JUDICIAL MATTER PENDING BEFORE CITY COUNCIL MUST
10:10:37AM DISCLOSE ANY DIRECT OR INDIRECT BUSINESS OR PERSONAL
10:10:42AM INTERESTS BETWEEN THEMSELVES AND THE PETITIONER OR APPLICANT
10:10:44AM WHICH IS REQUESTING ACTION.
10:10:46AM THE INFORMATION SHALL NOT BE USED TO DENY THE PETITION OR
10:10:50AM MATTER, BUT GOES TO THE WEIGHT OF THE EVIDENCE, INFORMATION,
10:10:53AM OR OPINION PROVIDED.
10:10:57AM >> WE, OF COURSE, HAVE NO OBJECTION TO YOUR RULE.
10:11:00AM ONE PROCEDURAL OBJECTION TO MAKE FOR THE RECORD.
10:11:02AM WE HAVE REVIEWED THE QUASI-JUDICIAL PROCEEDING EX PARTE
10:11:06AM COMMUNICATION FILES THAT YOU HAVE, BOTH THE CLERK'S OFFICE
10:11:09AM AND THOSE IN THE QUASI-BOX.
10:11:10AM WE FIND NO EVIDENCE THAT THERE HAS BEEN A FILING OF A RECORD
10:11:14AM ASSOCIATED WITH THE LETTER OF AUGUST 29, 2018.
10:11:17AM IT WAS THE LETTER PROVIDED BY ATTORNEY SHASTEEN, AND IT
10:11:22AM RAISES A LOT OF ISSUES.
10:11:23AM IF THAT WAS, IN FACT, AN EX PARTE COMMUNICATION, WE OBJECT
10:11:26AM TO ITS CONSIDERATION.
10:11:27AM IF JOHN OR LINDA CAN PROVIDE ME A COPY EVIDENCING THAT IT
10:11:30AM WAS, IN FACT, APPROPRIATELY FILED, WE'LL WITHDRAW THE
10:11:33AM OBJECTION.
10:11:33AM JUST MAKE AN OBJECTION FOR THE RECORD IN CASE WE HAVE TO.
10:11:39AM >>MARTIN SHELBY: YOU SAY THERE WAS A LETTER COUNCIL RECEIVED
10:11:41AM OR YOU DON'T KNOW WHETHER COUNCIL RECEIVED IT?
10:11:43AM >> WE RECEIVED IT AS A PUBLIC RECORD THAT INDICATED IT HAD
10:11:46AM BEEN DELIVERED TO A PUBLIC BODY.
10:11:48AM BUT I CANNOT TELL YOU IF IT WAS ADDRESSED TO COUNCIL.
10:11:51AM AND IT WAS ELSEWHERE IN THE CITY'S OFFICES, WHICH MEANS IT
10:11:53AM WAS AVAILABLE IN A PUBLIC RECORDS REQUEST.
10:11:55AM TWO THINGS.
10:11:56AM IF IT WASN'T DELIVERED, OBVIOUSLY, WE DON'T OBJECT.
10:12:00AM IF IT WAS, IN FACT, PROVIDED DISCLOSURE PROCEEDING TO THE
10:12:04AM CITY'S PROCESS, WE DON'T OBJECT.
10:12:05AM RIGHT NOW, WE HAVE NO EVIDENCE THAT EITHER OF THOSE
10:12:07AM CONDITIONS WERE MET.
10:12:08AM WE JUST WANT TO PRESERVE OUR OBJECTION FOR THE RECORD.
10:12:11AM THAT'S ALL.
10:12:11AM >>MARTIN SHELBY: WHICH LETTER IS THAT?
10:12:15AM >> LETTER FROM MS. SHASTEEN, AUGUST 29, 2018.
10:12:19AM THE DAY BEFORE THE HEARING.
10:12:22AM >>MARTIN SHELBY: THANK YOU.
10:12:23AM ALSO, WHILE I HAVE YOU THERE, MR. SMITH, ARE YOU AWARE OF
10:12:27AM THE LETTER THAT CITY COUNCIL RECEIVED FROM HILL WARD
10:12:29AM HENDERSON DATED SEPTEMBER 19, 2018 FROM JOHN B. GRANDOFF
10:12:35AM ADDRESSED TO ME WITH COPIES TO COUNCIL?
10:12:37AM >> DAVID SMITH: I THINK HE USUALLY --
10:12:43AM >>MARTIN SHELBY: RECEIVED VIA E-MAIL.
10:12:46AM >>David Smith: THEN WE GOT A COPY.
10:12:47AM >>MARTIN SHELBY: THAT LETTER HAS BEEN PROVIDED TO COUNCIL.
10:12:50AM I DON'T KNOW WHETHER IT'S BEEN PUT INTO THE COURT'S FILE.
10:12:54AM I'M TAKING THE ORIGINAL DONE AND HAND DELIVERED TO ME.
10:12:58AM I'M PUTTING IT IN THE FILE.
10:12:59AM >>David Smith: FINE.
10:13:00AM WE JUST WANT THE RECORD TO BE COMPLETE.
10:13:03AM >>MIKE SUAREZ: MR. SHELBY, YOU MADE A COMMENT ABOUT THE TWO
10:13:06AM SEPARATE HEARINGS.
10:13:07AM WERE YOU OPINING THAT ON THOSE TWO SEPARATE HEARINGS THAT
10:13:10AM THOSE ISSUES THAT ARE INCUMBENT IN 52 AND 53 WHICH ARE
10:13:15AM SEPARATE ISSUES, THAT IS HOW SOMEONE IS SUPPOSED TO SPEAK TO
10:13:18AM THOSE PARTICULAR ISSUES?
10:13:20AM IS THAT WHAT YOU WERE SAYING?
10:13:21AM >>MARTIN SHELBY: FRANKLY, IN ORDER FOR SOME TESTIMONY TO BE
10:13:24AM RELEVANT TO YOUR DECISION IN EITHER 52 OR 53 THEY HAVE TO BE
10:13:30AM GERMANE TO THAT PARTICULAR MATTER.
10:13:31AM >>MIKE SUAREZ: MY POINT IS, SOMEBODY COMES UP AND THEY ARE
10:13:34AM TALKING ABOUT BOTH THE S-2 PERMIT IN ADDITION TO TALKING
10:13:37AM ABOUT THE REZONE ITSELF, THOSE ARE TWO SEPARATE ISSUES AS IS
10:13:44AM THE TWO SEPARATE ITEMS.
10:13:46AM DOES THAT MEAN THEY CAN TALK ABOUT ANY OF THE TWO ISSUES
10:13:48AM EVEN THOUGH THEY ARE TWO SEPARATE HEARINGS?
10:13:50AM BECAUSE WHEN WE DID THIS THE FIRST TIME, WE INCLUDED BOTH OF
10:13:55AM THEM.
10:13:56AM THERE WAS NO INTERRUPTION OF THOSE FOLKS COMING UP.
10:13:59AM I WANT TO MAKE SURE THE PUBLIC IS CLEAR IN TERMS OF WHAT
10:14:01AM THEY ARE ALLOWED TO SAY WHEN THEY COME UP TO SAY EITHER
10:14:05AM UNDER 52 OR 53.
10:14:07AM >>MARTIN SHELBY: THAT IS AN EXCELLENT QUESTION AND NOT TO
10:14:10AM SPLIT HAIRS, I POSE THAT QUESTION TO THE PETITIONER'S
10:14:12AM ATTORNEY.
10:14:13AM DO YOU HAVE ANY OBJECTION TO THAT AND DO YOU WAIVE ANY
10:14:15AM OBJECTION -- IF THERE IS OVERLAP IN TESTIMONY BETWEEN THE
10:14:18AM TWO?
10:14:24AM >>MIKE SUAREZ: BEFORE YOU SPEAK, MR. GRANDOFF, THE QUESTION
10:14:26AM IS, WHEN SOMEONE COMES UP TO SPEAK ON ITEM 52, ONLY TOWARDS
10:14:32AM THE REZONE, NOT THE ALCOHOL, CORRECT?
10:14:34AM IS THAT WHAT YOU'RE SAYING?
10:14:36AM >>MARTIN SHELBY: I'M SAYING WHEN YOU HEAR THESE HEARINGS
10:14:39AM SEPARATELY, YOU RELY ON THE COMPETENT SUBSTANTIAL EVIDENCE
10:14:42AM THAT YOU HEAR DURING THAT HEARING IN ORDER TO RELY ON YOUR
10:14:46AM DECISION.
10:14:46AM AND THE ISSUE I DON'T WANT TO HAVE RAISED IF THAT ISSUE IS
10:14:51AM RAISED DURING THE FIRST PUBLIC HEARING BUT IT'S AN ISSUE
10:14:54AM RELATED TO ALCOHOL, AND COUNCIL RELIES ON THAT, THAT THAT
10:14:57AM DOES NOT FORM ANY BASIS FOR A CAUSE OF ACTION.
10:15:00AM >>MIKE SUAREZ: CAUSE OF ACTION ON THAT PARTICULAR ITEM.
10:15:03AM >>MARTIN SHELBY: I WANT TO BE CLEAR ON THAT.
10:15:05AM >>CHARLIE MIRANDA: I AGREE WITH MR. SUAREZ.
10:15:07AM I THINK -- WE SEPARATED THE HEARINGS.
10:15:10AM THEY ARE -- WE'RE GOING TO VOTE ONE HEARING AND THE NEXT
10:15:13AM HEARING.
10:15:13AM IF WE INTERMINGLE AND THIS IS THE CONVERSATION TO HAVE
10:15:16AM CLARITY IN THE RECORD, I SUGGEST THAT THE CHAIR SPEAK VERY
10:15:19AM CLEARLY AND TELL THEM THIS IS 53 AND THIS IS 52 OR THIS IS
10:15:24AM 52 AND 53 AND EITHER SPEAK TO ONLY THE ZONING, WHICH IS THE
10:15:28AM FIRST ONE COMING UP AND YOU CANNOT SPEAK ABOUT ALCOHOL.
10:15:31AM IT IS A DIFFERENT ISSUE COMING BEFORE US.
10:15:34AM >>MIKE SUAREZ: FOR PROCEDURAL PROCESS AND DUE PROCESS
10:15:37AM BECAUSE WE DON'T WANT THAT TO BECOME AN ISSUE IN DUE
10:15:40AM PROCESS.
10:15:43AM >> MR. CHAIR, MAY I BE HEARD --
10:15:45AM >>FRANK REDDICK: WHO ARE YOU?
10:15:46AM >> MY NAME IS LISA SHASTEEN.
10:15:48AM 2920 WEST HARBORVIEW AVENUE.
10:15:51AM I WAS AN ATTORNEY FOR SOME PEOPLE WHO LIVE ON BAYSHORE COURT
10:15:54AM AND I READ A SMALLER INTO THE RECORD THE LAST TIME, YOU MAY
10:15:57AM RECALL.
10:15:58AM AND THEN I READ A LARGER LETTER INTO THE RECORD.
10:16:02AM THE SECOND LETTER I READ INTO THE RECORD IS THE ONE THAT
10:16:05AM DAVID SMITH HAD A PROBLEM WITH.
10:16:08AM AND THE THING IS, I SENT IT IN AS A RESIDENT.
10:16:10AM THAT WAS NOT ON BEHALF OF ANY OTHER PARTY, AND ALSO, I READ
10:16:14AM IT INTO THE RECORD.
10:16:15AM I THINK --
10:16:19AM >> TO THE EXTENT IT'S READ INTO THE RECORD, WE WITHDRAW OUR
10:16:22AM OBJECTION.
10:16:26AM >> I WANTED TO ADDRESS ONE PROCEDURAL POINT, WHICH IS THE
10:16:29AM MINUTE DONORS.
10:16:30AM ARE YOU ACCEPTING SEPARATE MINUTE DONOR SHEETS BECAUSE
10:16:35AM PEOPLE WILL NEED TIME TO MADLY COPY THEIR SHEETS IN ORDER TO
10:16:40AM HAVE A SHEET FOR BOTH HEARINGS?
10:16:42AM OR CAN WE SUBMIT JUST ONE SHEET WHICH WOULD BE MORE
10:16:45AM EFFICIENT?
10:16:46AM >> NO.
10:16:47AM >>FRANK REDDICK: GOT TO DO TWO.
10:16:50AM >> OKAY.
10:16:50AM THANK YOU SO MUCH.
10:16:52AM >>FRANK REDDICK: WHAT ELSE?
10:16:53AM ANYTHING ELSE?
10:16:55AM >>MARTIN SHELBY: YES, SIR.
10:16:59AM >>FRANK REDDICK: YOU HAVE 14 MINUTES OR ELSE WE'RE GOING TO
10:17:02AM 10:30.
10:17:03AM >>MARTIN SHELBY: THIS IS TO FOLLOW UP FOR DISCUSSION.
10:17:05AM THIS IS FOR THE PURPOSES OF THE PUBLIC SO THE PUBLIC IS
10:17:07AM CLEAR.
10:17:07AM >>FRANK REDDICK: MAKE YOUR POINT AND LET'S MOVE ON.
10:17:09AM >>MARTIN SHELBY: THE ISSUE OF ALCOHOL IS NOT RELATED TO THE
10:17:13AM DISCUSSION OF NUMBER 52.
10:17:15AM THAT IS NUMBER 53.
10:17:16AM IF YOU GET UP TO SPEAK ON NUMBER 52, REFRAIN FROM THE
10:17:20AM DISCUSSION OF THE ALCOHOL UNTIL THE NEXT PUBLIC HEARING,
10:17:24AM NUMBER 53.
10:17:25AM THANK YOU.
10:17:26AM >>FRANK REDDICK: THAT'S WHAT MR. SUAREZ SAID.
10:17:28AM >>MARTIN SHELBY: I WANT TO MAKE IT CLEAR FOR THEM.
10:17:30AM >>FRANK REDDICK: GOODNESS.
10:17:31AM ALL RIGHT.
10:17:33AM ITEM NUMBER 52.
10:17:36AM >> TRUETT GARDNER, 400 NORTH ASHLEY DRIVE ON BEHALF OF THE
10:17:40AM APPLICANT.
10:17:41AM I WANTED TO BRIEFLY GO OVER THE PROCESS WE INTEND TO EMPLOY.
10:17:44AM THIS IS A SECOND READING.
10:17:45AM WE INTEND TO TREAT IT AS SUCH.
10:17:47AM WE'RE GOING TO KEEP OUR COMMENTS TO A MINIMUM.
10:17:50AM YOU WERE GRACIOUS TO GIVE US ALMOST SEVEN HOURS A COUPLE OF
10:17:53AM WEEKS AGO, AND WE WOULD LIKE TO CUT DOWN ON THAT TIME.
10:17:56AM WE DO HAVE SUPPORTERS THAT WANTED TO BE HERE.
10:17:58AM WE WELCOME THAT.
10:17:59AM WE TOLD THEM IN ADVANCE THAT WE DO NOT WANT ANY SORT OF
10:18:02AM REPETITIOUS TESTIMONY.
10:18:04AM THAT SAID THERE WERE A COUPLE OF PEOPLE UNABLE OR OUT OF
10:18:07AM TOWN TO MAKE IT TO THE FIRST READING.
10:18:09AM THEY WOULD LIKE TO SPEAK.
10:18:10AM WE TOLD THEM THAT WAS FINE TO DO SO.
10:18:12AM WE ARE NOT GOING TO AGGREGATE TIME AT ALL.
10:18:15AM FINALLY, LAST BUT NOT LEAST, THERE WERE REVISIONS THAT
10:18:19AM REQUIRE BOTH TO OUR PD SITE PLAN AS WELL AS TO THE S-2 SITE
10:18:22AM PLAN.
10:18:23AM THOSE REVISIONS HAVE ALL BEEN MADE.
10:18:26AM THEY WERE TIMELY REFILED WITH THE CITY.
10:18:27AM I BELIEVE THE CITY STAFF IS ACCEPTABLE AND SATISFIED WITH
10:18:30AM BOTH OF THE REVISED SITE PLANS.
10:18:36AM >> ONLY PRESENTATION WE'RE GOING TO MAKE IN OUR CASE IN
10:18:39AM CHIEF IS EXPLAIN ISSUES REGARDING TRANSPORTATION AND RESERVE
10:18:41AM THE REST OF OUR TIME FOR REBUTTAL.
10:18:43AM THERE WAS SOME CONFUSION THE LAST TIME.
10:18:45AM I WANT TO MAKE SURE WE CLARIFY THAT.
10:18:46AM THE REASON A TRAFFIC ANALYSIS IS DONE IS TO DETERMINE THE
10:18:50AM IMPACT OF THE TRAFFIC FROM THE PROJECT ON THE ROAD LENGTHS
10:18:54AM IN THE INTERSECTIONS THAT ARE GOING TO BE IMPACTED BY THAT.
10:18:57AM THE TRANSPORTATION ANALYSIS METHODOLOGY WAS AGREED UPON BY
10:19:00AM THE TRANSPORTATION DEPARTMENT OF THE CITY OF TAMPA AND BY
10:19:04AM OUR ENGINEER.
10:19:05AM YOU WILL ALSO NOTE THAT IT WAS INDICATED BY THE TRAFFIC
10:19:09AM CONSULTANT THEY HIRED TO BE AN ACCEPTABLE METHODOLOGY.
10:19:13AM I WOULD LIKE TO PROVIDE THESE COPIES.
10:19:15AM IT'S A TWO-PAGE LETTER.
10:19:22AM >>HARRY COHEN: MR. SMITH, ARE YOU REFERRING TO THE HEALTH
10:19:24AM CLUB STUDY AS OPPOSED -- AS THE ATHLETIC CLUB AS THE STUDY
10:19:27AM VEHICLE FOR THIS?
10:19:28AM >>David Smith: YES, SIR.
10:19:29AM TO CLARIFY THE CONTEXT, BECAUSE IT WAS RATHER STUPEFYING
10:19:34AM LAST TIME, IT IS EXACTLY THE QUESTION WHETHER THAT IS AN
10:19:36AM APPROPRIATE ITE RATE TO USE.
10:19:38AM YOU WILL NOTE THAT AS I WAS INDICATING, THE CITY
10:19:41AM TRANSPORTATION DEPARTMENT AGREED IT WAS.
10:19:43AM OUR EXPERT AGREED IT WAS.
10:19:44AM THE LETTER IN FRONT OF YOU INDICATES THAT THEIR TRAFFIC
10:19:47AM ENGINEER AGREED IT WAS.
10:19:48AM SO THERE'S UNANIMITY ON THAT ISSUE.
10:19:51AM IN FACT, THE ATHLETIC CLUB AS A METHODOLOGY PROBABLY
10:19:55AM OVERSTATES THE TRAFFIC, BUT THAT'S NORMALLY WHAT YOU DO IN A
10:19:59AM SITUATION LIKE THIS BECAUSE YOU WANT TO MAKE SURE THE
10:20:02AM LENGTHS IN THE INTERSECTIONS DON'T FAIL.
10:20:04AM WE WERE FINE WITH THAT BECAUSE WE KNEW THEY WOULD NOT FAIL.
10:20:08AM THE IMPORTANT CONSIDERATION IS WHETHER THE METHOD AGREED
10:20:10AM UPON RESULTED IN CLEARANCE OF THE LENGTHS OF THE
10:20:13AM INTERSECTIONS AND THEY DID.
10:20:15AM THEREFORE, IT IS OUR POSITION THAT THERE IS NO COMPETENT
10:20:17AM SUBSTANTIAL EVIDENCE FOR DENYING THIS APPLICATION ON THE
10:20:19AM BASIS OF TRAFFIC ANALYSIS.
10:20:21AM WE JUST WANTED TO CLARIFY THAT AT THE OUTSET AND WE RESERVE
10:20:24AM THE BALANCE OF OUR TIME FOR REBUTTAL.
10:20:25AM THANK YOU.
10:20:27AM >>FRANK REDDICK: THANK YOU.
10:20:27AM AT THIS TIME, WE'LL GO TO THE PUBLIC.
10:20:31AM ANYONE WISHING TO SPEAK, PLEASE COME FORWARD?
10:21:10AM >> GOOD MORNING, MR. CHAIRMAN, MEMBERS -- OH, OKAY.
10:21:13AM I COULD USE THE EXTRA SECONDS.
10:21:17AM >>MARTIN SHELBY: MS. CLARK HAS SEVEN NAMES.
10:21:19AM PLEASE ACKNOWLEDGE YOUR PRESENCE.
10:21:20AM KAREN J. DALTON.
10:21:22AM THANK YOU.
10:21:23AM SUSAN G. CASPER.
10:21:25AM THANK YOU.
10:21:26AM SALLY WATERSTRAAT.
10:21:28AM THANK YOU.
10:21:28AM REBECCA ESTES.
10:21:32AM THANK YOU.
10:21:32AM REBECCA KEYS.
10:21:34AM THANK YOU.
10:21:35AM CHRIS MONAHAN.
10:21:39AM THANK YOU.
10:21:41AM ROBIN KENNEDY.
10:21:42AM THANK YOU.
10:21:44AM >> GOOD MORNING, MR. CHAIRMAN, MEMBERS OF COUNCIL.
10:21:49AM MY NAME IS CAROL CLARKE.
10:21:50AM I HAVE BEEN SWORN IN.
10:21:52AM MY ADDRESS IS 1650 1st AVENUE WEST IN BRADENTON.
10:21:56AM I AM A CERTIFIED PLANNER AND HAVE BEEN RETAINED BY KEEP
10:21:59AM BAYSHORE BEAUTIFUL TO REVIEW THE APPLICATIONS BEFORE YOU.
10:22:05AM AND PRESENT MY RECOMMENDATIONS.
10:22:07AM WHILE I'M NOT WEARING MY TAP-DANCE SHOES, I DID TRY THAT
10:22:11AM ONCE.
10:22:12AM I'LL TRY AND WORK THROUGH THAT AS WE SEPARATE THESE ISSUES
10:22:15AM AND DO IT THE BEST I CAN.
10:22:17AM TO INTRODUCE MYSELF, I HAVE MY MASTER'S DEGREE IN CITY
10:22:21AM PLANNING FROM THE UNIVERSITY OF PENNSYLVANIA.
10:22:23AM I'M A MEMBER OF THE AMERICAN INSTITUTE OF CERTIFIED
10:22:26AM PLANNERS.
10:22:27AM WHILE THIS SHOCKS ME, IN NOVEMBER, IT WILL BE 40 YEARS THAT
10:22:30AM I HAVE BEEN A PLANNER IN THE TAMPA BAY REGION.
10:22:32AM I'M PAST PRESIDENT OF FLORIDA PLANNING AND ZONING
10:22:35AM ASSOCIATION.
10:22:35AM I'VE BEEN ACCEPTED AS AN EXPERT IN JUDICIAL PROCEEDINGS ON
10:22:39AM BOTH COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
10:22:41AM REGULATIONS.
10:22:41AM I'VE SPOKEN AT AMERICAN PLANNING ASSOCIATION NATIONAL
10:22:44AM CONFERENCES IN DENVER, SAN DIEGO, AND SAN FRANCISCO, AND I
10:22:50AM RECEIVED THE GEORGE SIMON AWARD FOR CONTRIBUTIONS TO
10:22:53AM PLANNING AND ZONING IN THE STATE OF FLORIDA.
10:22:56AM AS HAS BEEN DETERMINED, THE APPROACH HERE IS TO LOOK AT THE
10:23:05AM PLANNED DEVELOPMENT ZONING FIRST.
10:23:08AM MY REPORT HAS BOTH OF THEM COMBINED.
10:23:10AM I'LL DO MY BEST TO SEPARATE THEM FOR YOU FOR CONSIDERATION.
10:23:15AM IN LOOKING AT THE REQUEST -- AND IT IS SOMEWHAT HARD TO
10:23:24AM SEPARATE THEM, BUT I THINK IT IS INCONSISTENT BECAUSE ONE OF
10:23:28AM THE PROPOSED USES IS GOING TO BE THAT NEXT PERMIT THAT
10:23:31AM YOU'RE GOING TO CONSIDER.
10:23:32AM IT IS ASKING FOR DIFFERENT DIMENSIONAL REGULATIONS AND YOUR
10:23:39AM COMPREHENSIVE PLAN AND CODE SAY LOOK AT WHAT YOUR CODE HAS.
10:23:46AM EUCLIDEAN DISTRICTS, WHEN YOU ARE DOING A PLANNED
10:23:49AM DEVELOPMENT AND THAT'S IN THE GUIDANCE IN YOUR PLAN ON PAGE
10:23:53AM 112, ALSO, THE CODE HAS FOR PRIVATE RECREATIONAL FACILITIES,
10:24:00AM WHICH IS WHAT THIS IS CLASSIFIED AS, IT REQUIRES THAT THEY
10:24:04AM HAVE A 25-FOOT SEPARATION FROM RESIDENTIAL, AND THAT IS NOT
10:24:10AM TRUE IN TWO CASES, BOTH ON COACHMAN AND ON THE WESTERN
10:24:15AM BORDER AND I THINK OTHERS MAY BRING THAT UP AS WELL.
10:24:18AM I WANT TO TALK A LITTLE BIT ABOUT PARKING BECAUSE WE ARE
10:24:23AM TALKING ABOUT THE SITE PLAN THAT IS BEING PROPOSED.
10:24:28AM 127129-B-2, AND I THINK THIS IS WHAT YOU LOOK AT FOR SPECIAL
10:24:37AM USE BUT ALSO WHAT YOU LOOK AT WHEN DOING A SITE PLAN FOR
10:24:41AM PLAN DEVELOPMENT.
10:24:42AM AS MR. SMITH SAID AND NICE TO SEE HIM AGAIN.
10:24:45AM IT'S BEEN A LONG TIME.
10:24:47AM AN ATHLETIC CLUB WAS USED FOR THIS PROPERTY.
10:24:51AM AND THE DETERMINATION WAS MADE THAT THERE WOULD BE 73 SPACES
10:24:56AM ALLOCATED FOR THE ATHLETIC CLUB AND 7 SPACES FOR THE
10:25:02AM BED-AND-BREAKFAST.
10:25:03AM NOW, AN ATHLETIC CLUB IS A FIVE SPACES PER 1,000 SQUARE
10:25:11AM FEET.
10:25:12AM BED-AND-BREAKFAST IS 1.25 SPACES PER UNIT.
10:25:16AM IF -- AND I'M NOT SURE THAT ATHLETIC CLUB IS ACTUALLY A
10:25:20AM REALLY GOOD MEASURE OF WHAT'S BEING PROPOSED HERE BECAUSE
10:25:25AM THIS IS GOING TO BE A LARGER VENUE AND THERE'S DIFFERENT --
10:25:30AM LITTLE ON THE OPERATIONAL PLANS FOR US TO UNDERSTAND.
10:25:35AM IF YOU DID THE ANALYSIS BASED ON AN ATHLETIC CLUB USING ALL
10:25:38AM OF THE SQUARE FOOTAGE THAT IS BEING PROPOSED, THE 18,000
10:25:41AM SQUARE FEET BEING PROPOSED, 90 SPACES WOULD BE REQUIRED, NOT
10:25:46AM 80.
10:25:47AM THE SITE, WHEN YOU LOOK AT THE SITE PLAN, IT IS MAXED OUT IN
10:25:50AM TERMS OF PARKING UNLESS YOU WOULD MOVE TO SOMETHING SUCH AS
10:25:54AM STRUCTURE PARKING WHICH WOULD BE CLEARLY INCOMPATIBLE.
10:25:56AM WITH THE COMMUNITY.
10:25:58AM AND WHEN YOU LOOK AT THE PARKING, THAT RAISES QUESTIONS ON
10:26:07AM INGRESS AND EGRESS.
10:26:09AM AN ATHLETIC CLUB WILL HAVE REGULAR DELIVERIES FOR FOOD -- IF
10:26:15AM YOU APPROVE THE ALCOHOL, FOR ALCOHOL AND FOR OTHER KINDS OF
10:26:18AM SUPPLIES FOR PEOPLE THERE.
10:26:19AM THIS IS A LOCATION -- BAYSHORE BOULEVARD IS PROHIBITED FROM
10:26:25AM BEING USED FOR TRUCK TRAVEL WITH THE EXCEPTION OF THOSE
10:26:28AM OCCASIONAL DELIVERIES.
10:26:31AM APPROVAL OF AN ATHLETIC CLUB IS GOING TO CHANGE THE NATURE
10:26:34AM OF THE ACTIVITY THERE.
10:26:35AM IT'S NOT GOING TO BE MY OCCASIONAL DELIVERY FROM PLOW AND
10:26:39AM HEARTH OR ANY OF THOSE OTHER PLACES I LOVE TO GET PACKAGES
10:26:43AM FROM OR AMAZON.
10:26:44AM IT IS GOING TO CHANGE.
10:26:47AM AND THAT WILL INCREASE TRUCK TRAFFIC IN THE NEIGHBORHOOD OR
10:26:50AM ON BAYSHORE WHERE IT IS PROHIBITED.
10:26:53AM FOR THE PATRONS, THERE WAS DISCUSSION AT THE FIRST HEARING
10:26:59AM ABOUT THE MEDIAN.
10:27:00AM IF YOU'RE COMING FROM THE NORTH, YOU'RE COMING FROM THE
10:27:03AM SOUTH, ONE WAY YOU'RE GOING TO HAVE TO MAKE A U-TURN.
10:27:08AM I PERSONALLY TRY TO AVOID THAT AT ALL COSTS SO I WOULD BE
10:27:11AM GOING THROUGH THE NEIGHBORHOOD IF I WERE COMING TO THIS
10:27:18AM ESTABLISHMENT.
10:27:18AM THERE IS A VALET STAND ON-SITE.
10:27:22AM IT'S NOT CLEAR IF VALET WILL BE USED FOR ON-SITE PARKING OR
10:27:25AM ONLY WHEN THERE IS SOMETHING OFF-SITE.
10:27:27AM ONE CAN BELIEVE FROM THE SIZE OF WHAT IS BEING PROPOSED THAT
10:27:31AM THERE ARE GOING TO BE TIMES WHEN THERE ARE GOING TO BE MORE
10:27:34AM THAN 80 PEOPLE COMING TO US -- COMING TO THIS OR 80 CARS
10:27:39AM COMING.
10:27:39AM WHEN YOU HAVE A DELAY, YOU ESSENTIALLY DOUBLE THE TRIPS.
10:27:43AM YOU HAVE THE PATRON COMING UP, GIVING YOUR KEYS.
10:27:45AM YOU HAVE THE VALET TAKING THE CAR, TAKING IT TO AN OFF-SITE
10:27:50AM LOCATION.
10:27:50AM THE VALET RUNS BACK.
10:27:52AM AND THEN WHEN YOU'RE DONE, YOU GIVE YOUR TICKET TO THE
10:27:55AM VALET.
10:27:56AM HE RUNS OUT, GETS THE CAR AND HE COMES BACK.
10:27:59AM INSTEAD OF EXITING AND ENTERING TRIP OR ENDING AND EXITING,
10:28:02AM YOU HAVE TWO EACH WAY.
10:28:03AM I WAS GLAD MR. SMITH MENTIONED THIS BECAUSE ACTUALLY A
10:28:14AM TRAFFIC ANALYSIS IS USED TO DETERMINE WHETHER YOUR SYSTEM
10:28:20AM FUNCTIONS DURING PEAK HOURS.
10:28:22AM IT DOESN'T ANALYZE EVERY SINGLE IMPLICATION FROM
10:28:25AM TRANSPORTATION.
10:28:26AM IT LOOKS AT THE MAJOR THOROUGHFARES AND MAJOR INTERSECTIONS
10:28:33AM AND WHETHER THEY FUNCTION DURING THE PEAK HOURS WHEN THE
10:28:37AM TRAFFIC IS BUSIEST.
10:28:40AM ITE THAT WAS USED FOR THIS, IT SAYS, THE ATHLETIC CLUB, IT'S
10:28:46AM A LIMITED SIZE.
10:28:48AM BE CAREFUL BECAUSE WE DON'T HAVE A LARGE SAMPLE.
10:28:50AM USE CAUTION WHEN YOU APPLY THIS.
10:28:52AM AND ALSO NOTED IN THE APPLICANT'S REPORT THAT THE FACILITY
10:28:55AM WAS OUT OF THE SIZE RANGE.
10:28:58AM BUT REGARDLESS, THEY SHOWED 170 TRIPS EXTRA DURING THE FOUR
10:29:06AM HOURS THAT THEY STUDIED THE PEAK HOURS THAT WERE EVALUATED.
10:29:13AM WE DON'T KNOW NECESSARILY WHETHER THOSE ARE THE PEAK HOURS
10:29:15AM FOR THE ESTABLISHMENT.
10:29:16AM THEY ARE THE PEAK HOURS FOR THE OVERALL COMMUNITY IN YOUR
10:29:19AM SYSTEM.
10:29:19AM BUT WITH THAT NUMBER, ASSUMING IT IS CORRECT -- AND I DON'T
10:29:26AM KNOW THAT, FRANKLY -- THERE IS GOING TO BE INCREASED IMPACT.
10:29:30AM YOU HAVE THE IMPACT FROM THE TRIPS THEMSELVES.
10:29:33AM YOU HAVE ADDITIONAL NOISE FROM THOSE TRIPS.
10:29:37AM ADDITIONALLY -- ADDITIONAL NOISE FROM PEOPLE IN THE PARKING
10:29:40AM LOT AND IMPACTS OF LIGHT IN THE PARKING LOT AND THROUGH THE
10:29:44AM NEIGHBORHOOD STREETS.
10:29:44AM DURING THE FIRST HEARING, THERE WAS DISCUSSION THAT THIS
10:29:56AM COULD BE DONE ADMINISTRATIVELY.
10:29:57AM WE DON'T HAVE TO REZONE TO BE ABLE TO HAVE THIS ATHLETIC
10:30:03AM CLUB, THIS PRIVATE RECREATIONAL FACILITY HERE.
10:30:06AM AND THAT IS TRUE, BUT THERE IS A BIG BUT TO THAT.
10:30:13AM IT IS NECESSARY FOR THE REZONING TO OCCUR FOR THE ALCOHOLIC
10:30:16AM BEVERAGE PERMIT TO BE CONSIDERED.
10:30:19AM THIS IS A MAJOR COMPONENT OF THE APPLICATION.
10:30:20AM AS MR. SMITH SAID, WE MIGHT WITHDRAW IF IT LOOKS LIKE IT'S
10:30:24AM NOT GOING SOMEPLACE GOOD.
10:30:26AM YOUR LARGE VENUE ESTABLISHMENT IS NEVER ADMINISTRATIVE.
10:30:29AM ALSO, THAT THE PLANNED DEVELOPMENT CANNOT BE USED TO WAIVE
10:30:34AM USE AND LIMITATIONS ON LOCATION THAT ARE ESTABLISHED IN YOUR
10:30:39AM COMPREHENSIVE PLAN.
10:30:40AM JUST HAVING IT BE PLANNED DEVELOPMENT DOESN'T OBVIATE THOSE
10:30:48AM STANDARDS.
10:30:48AM AND IT'S ALSO MY OPINION -- AND THIS IS WHAT TAKING BOTH OF
10:30:56AM THEM, BUT WE'RE DISCUSSING THE ZONING RIGHT NOW.
10:31:00AM IT IS INCONSISTENT WITH A NUMBER OF YOUR LAND USE POLICIES
10:31:04AM AND OBJECTIVES RELATING TO COMPATIBILITY.
10:31:08AM I WAS RETAINED TO DO THIS RELATIVELY SHORTLY AGO.
10:31:14AM I HAVE TO TELL YOU, I WAS VERY IMPRESSED READING YOUR
10:31:16AM COMPREHENSIVE PLAN.
10:31:17AM IT'S CLEAR.
10:31:18AM IT IDENTIFIES THE MAJOR ISSUES.
10:31:21AM IT TALKS ABOUT THE IMPORTANCE OF GROWING TAMPA, HAVING IT
10:31:30AM BECOME IN THE FUTURE, HAVING THE VIBRANCY IT'S KNOWN FOR.
10:31:33AM BUT IT ALSO HAS A BEDROCK OF POLICIES FOR RECOLLECTION OF
10:31:38AM THE EXISTING SINGLE-FAMILY NEIGHBORHOODS THAT YOUR RESIDENTS
10:31:42AM HAVE BASED THEIR INVESTMENT DECISIONS ON.
10:31:45AM WITH THAT, I WILL TELL YOU THAT IT'S MY CONCLUSION THIS IS
10:31:49AM INCONSISTENT AND SHOULD BE DENIED.
10:31:52AM RIGHT ON TIME.
10:31:52AM [ LAUGHTER ]
10:32:09AM >>MARTIN SHELBY: THANK YOU.
10:32:11AM MS. SHASTEEN HAS SEVEN NAMES.
10:32:13AM MARY POND.
10:32:16AM OKAY.
10:32:19AM LINDA DAY.
10:32:21AM GARY RIPA.
10:32:24AM JOHN DAY.
10:32:25AM ED GUNNING.
10:32:28AM ARE YOU MR. GUNNING?
10:32:29AM OKAY.
10:32:30AM KARLINE LESTER, AND MARK ZEWALK.
10:32:37AM SEVEN ADDITIONAL MINUTES FOR A TOTAL OF TEN.
10:32:44AM >>FRANK REDDICK: YOU MAY START.
10:32:45AM >> THANK YOU.
10:32:46AM SO JUSTICE IS BLIND.
10:32:50AM IN THE ORDERS OF MICK JAGGER, YOU CAN'T ALWAYS GET WHAT YOU
10:32:53AM WANT.
10:32:53AM WE'RE HERE TO TALK ABOUT LAW TODAY, LEGAL STANDARDS, BURDEN
10:32:59AM OF PROOF.
10:32:59AM THE OPPOSITION ACTUALLY HAS NO BURDEN.
10:33:01AM IT IS REALLY THE DEVELOPER'S BURDEN TO PROVE BY COMPETENT,
10:33:04AM SUBSTANTIAL EVIDENCE THAT THE PROPOSAL IS CONSISTENT WITH
10:33:08AM EACH ELEMENT OF THE LAND USE PLAN AND ZONING REGULATIONS,
10:33:11AM NOT JUST SOME OF THEM.
10:33:11AM THE OPPOSITION COULD SAY AND DO NOTHING, AND IT WOULD STILL
10:33:15AM BE LEGAL ERROR TO APPROVE THESE APPLICATIONS BECAUSE STOVALL
10:33:18AM HAS NOT PRESENTED ANY SUCH EVIDENCE AND, IN FACT, CAN'T SHOW
10:33:21AM THAT IT MEETS THE STRICT LEGAL STANDARDS.
10:33:24AM YOU'RE REQUIRED TO MEASURE THIS PROJECT BY THE SAME LEGAL
10:33:27AM STANDARDS USED FOR EVERY OTHER PROJECT IN THE CITY.
10:33:29AM SEVERAL PRESENTED WELL-KNOWN PEOPLE WHO DON'T LIVE IN THE
10:33:34AM NEIGHBORHOOD WHO SAY THEY LIKE THE DEVELOPER, THEY TRUST THE
10:33:38AM DEVELOPER.
10:33:39AM THEY LIKE OXFORD EXCHANGE.
10:33:41AM ALL OF THOSE THINGS ARE IRRELEVANT, AS IS THE FACT THAT
10:33:44AM TAMPA MIGHT BE A COOLER, MORE HIP PLACE IF WE HAVE A PROJECT
10:33:47AM LIKE THIS.
10:33:48AM THAT'S NOT THE ESTABLISHED LEGAL STANDARD AND NOT
10:33:50AM FACT-BASED, COMPETENT SUBSTANTIAL EVIDENCE.
10:33:54AM IT WASN'T REQUIRED BUT OPPOSING RESIDENTS PRESENTED AMPLE
10:33:58AM FACTS WITH MANY POINTS SHOWING YOU VERY REAL INCONSISTENCY
10:34:01AM AND INCOMPATIBILITY OF THIS PROJECT WITH THE NEIGHBORHOOD
10:34:04AM THEY LIVE IN.
10:34:05AM THE COMPETENT, SUBSTANTIAL EVIDENCE THAT THEY PRESENTED
10:34:08AM CAN'T BE IGNORED.
10:34:10AM SO LET'S RUN THROUGH A COUPLE OF PRELIMINARY POINTS.
10:34:13AM FIRST, YOU CAN'T CALL THE PROJECT A PRIVATE RECREATIONAL
10:34:16AM FACILITY.
10:34:17AM THAT'S CONTEMPLATED BY RES 150 ZONING AND IT SOUNDS LIKE A
10:34:22AM REALLY GOOD RESIDENTIAL USE AND COULD BE CONSIDERED, BUT IT
10:34:27AM SOUNDS COMFORTING BUT IT'S SIMPLY UNTRUE.
10:34:29AM EVEN THE APPLICANT SAYS THAT THE PROJECT IS COMMERCIAL BY
10:34:33AM ADMITTING THAT HE'S TALKING ABOUT A LARGE VENUE.
10:34:37AM AND NOW REZONING IS CONNECTED WITH THE ALCOHOL USE BECAUSE
10:34:40AM WE'RE REZONING TO ALLOW SOME OF THESE THINGS.
10:34:42AM SO WHY DO WE KEEP SAYING THIS IS COMMERCIAL?
10:34:47AM JUST LOOK AT YOUR ZONING CODE FOR ONE EXAMPLE.
10:34:50AM SECTION 27-43 DEFINES A LARGE VENUE IN PLAIN ENGLISH.
10:34:55AM A COMMERCIAL ESTABLISHMENT WITH OVER 299 OCCUPANCY WHICH
10:34:59AM SELLS ALCOHOLIC BEVERAGES.
10:35:01AM THAT'S WHAT THE APPLICANT CALLS IT.
10:35:02AM YOU CAN'T SAY IT'S NOT, YET STAFF ENGAGES IN A FICTION OF
10:35:06AM CALLING THIS ELEPHANT A MOUSE WITH THE NAME OF RECREATIONAL
10:35:09AM FACILITY PRIVATE.
10:35:10AM IT'S COMMERCIAL.
10:35:11AM THIS IS A QUASI-JUDICIAL PROCEEDING.
10:35:14AM YOU HAVE TO CONSIDER WHETHER THE DEVELOPER HAS PROVED EVERY
10:35:18AM LEGAL ELEMENT.
10:35:19AM YOU CAN'T SKIP THE INCONVENIENT ONES.
10:35:21AM THE STANDARDS WERE DESIGNED, AS CAROL CLARKE PRESENTED, TO
10:35:26AM PROTECT RESIDENTIAL OWNERS LIKE US.
10:35:28AM YOU CAN'T AVOID THEM BY ZIPPING THEM INTO A PD, AS SHE
10:35:31AM POINTED OUT.
10:35:32AM THAT INCLUDES -- SO THE UNDERLYING LAND USE PLAN CATEGORY IS
10:35:36AM R-10, LOW DENSITY RESIDENTIAL.
10:35:38AM ZONING TO A COMMERCIAL PD BY DEFINITION WOULD BE
10:35:42AM INCONSISTENT WITH THE UNDERLYING RESIDENTIAL R-10 AND
10:35:45AM THEREFORE ILLEGAL.
10:35:46AM PERMITTING A LARGE VENUE IN THE PD MAKES IT COMMERCIAL.
10:35:51AM EVEN A B & B IS NOT ALLOWED IN THE RES-150 ZONING CATEGORY
10:35:55AM AND IT CAN'T BE AN ACCESSORY USE BECAUSE IT IS NOT A
10:36:00AM PERMITTED USE.
10:36:03AM THE REZONING APPLICATION -- THE AB APPLICATION LATER SHOULD
10:36:04AM BE DENIED.
10:36:05AM LET'S LOOK AT LEGAL STANDARDS.
10:36:07AM THERE IS A MEMORANDUM OF LAW IN YOUR RECORD THAT SETS FORTH
10:36:11AM ESTABLISHED FLORIDA LAW.
10:36:12AM I'M JUST HERE TO TELL YOU ABOUT A FEW HIGHLIGHTS.
10:36:14AM IF YOU LOOK AT THE MA CHADO VERSUS MUSS GROVE CASE, THE
10:36:20AM CIRCUIT COURT VOIDED THE REQUESTED REZONING.
10:36:22AM THIS IS A FLORIDA CASE, THIRD DCA, BECAUSE THE APPLICANTS
10:36:26AM COULDN'T SHOW THEIR PROPOSED COMMERCIAL PROJECT WAS
10:36:28AM CONSISTENT WITH EACH ELEMENT OF THE LAND USE PLAN AND
10:36:31AM FURTHERED THE PLAN OBJECTIVES.
10:36:32AM SAME THING HERE.
10:36:34AM LET'S LOOK AT ALDI VERSUS CITY OF NORTH MIAMI BEACH.
10:36:39AM THIRD DCA OVERTURNED THE COUNCIL'S REZONING FROM RESIDENTIAL
10:36:43AM COMMUNITY FACILITY TO GENERAL BUSINESS BECAUSE ABSOLUTELY NO
10:36:47AM EVIDENCE WAS PRESENTED THAT THE PROPOSED CHANGE WOULD BE
10:36:50AM CONSISTENT WITH AND IN SCALE WITH THE ESTABLISHED
10:36:53AM NEIGHBORHOOD LAND USE PATTERN.
10:36:54AM BY THE WAY, I MENTIONED THAT 27136 DOES NOT MEAN THAT THE
10:37:02AM NEIGHBORHOOD -- THAT THE ARCHITECTURE OF THE PROJECT HAS TO
10:37:05AM BE CONSISTENT.
10:37:06AM WE'RE SAYING THAT THE PROJECT HAS TO BE CONSISTENT.
10:37:10AM THE DEVELOPMENT ITSELF, NOT JUST THE HEIGHT OF THE BUILDING
10:37:12AM AND THE ARCHITECTURE THAT HAS BEEN EMPHASIZED.
10:37:14AM OKAY.
10:37:16AM SO HERE'S WHAT THE COURT SAID, THOSE WHO OWN PROPERTY AND
10:37:19AM LIVE IN A RESIDENTIAL AREA HAVE A LEGITIMATE AND PROTECTABLE
10:37:22AM INTEREST IN THE PRESERVATION OF THE CHARACTER OF THEIR
10:37:25AM NEIGHBORHOOD WHICH MAY NOT BE INFRINGED BY AN UNREASONABLE
10:37:28AM OR ARBITRARY ACT OF THEIR GOVERNMENT.
10:37:31AM ZONING ORDINANCES ARE ENACTED TO PROTECT CITIZENS FROM
10:37:34AM LOSING THEIR ECONOMIC INVESTMENT OR COMFORT AND ENJOYMENT OF
10:37:38AM THEIR HOMES OR BY THE ENCROACHMENT OF COMMERCIAL
10:37:42AM DEVELOPMENT.
10:37:42AM I'M A BROKER.
10:37:43AM I LISTED A PROPERTY AT 2903 BAYSHORE COURT.
10:37:46AM I'M A REAL ESTATE BROKER.
10:37:48AM LET ME PUT IT THAT WAY.
10:37:51AM I GOT A CALL FROM AN APPRAISER.
10:37:55AM FROM GRIFFIN REAL ESTATE APPRAISAL ON BAY STREET, 33606.
10:38:00AM THIS APPRAISER SAID THAT THEY WERE TRYING TO APPRAISE 2910
10:38:04AM COACHMAN.
10:38:05AM AND THEY WONDERED WHAT KIND OF RESPONSE I WAS GETTING TO MY
10:38:08AM LISTING.
10:38:09AM HOW WAS THE STOVALL BEING PERCEIVED IN THE MARKET.
10:38:12AM I SAID, WELL, ACTUALLY, WE'VE GOTTEN NO CALLS.
10:38:16AM ISN'T THAT INTERESTING?
10:38:17AM THE HOUSE NEXT DOOR SOLD RIGHT AWAY.
10:38:19AM NOTHING DIFFERENT ABOUT OUR HOUSE.
10:38:21AM AND SO SHE SAID, I SAID, WELL, HOW ARE YOU TREATING IT?
10:38:25AM SHE SAID WE HAVE NO OTHER TOOLS.
10:38:26AM WHAT WE'RE DOING IS WE'RE TREATING IT AS AN OBSOLESCENCE
10:38:31AM SIMILAR TO HOMES THAT BACK UP TO GANDY BOULEVARD OR TO
10:38:35AM MacDILL, COMMERCIAL.
10:38:36AM OPINION TESTIMONY OFFERED BY STOVALL THAT IT WILL OFFER SOME
10:38:40AM ELITE APPEAL OR MAKE TAMPA COOLER DOES NOT MEET THE
10:38:44AM COMPETENCY STANDARD.
10:38:45AM IT IGNORES THE APPLICABLE LEGAL STANDARD BEFORE THE CITY
10:38:47AM COUNCIL.
10:38:48AM IS THE PROPOSED DEVELOPMENT CONSISTENT WITH THE DENSITY,
10:38:51AM CHARACTER, AND USE OF THE PROTECTED SINGLE-FAMILY
10:38:54AM RESIDENTIAL DESIGNATION ON WHICH IT SITS?
10:38:56AM IT'S NOT.
10:38:57AM NOW, HERE'S A FLORIDA SUPREME COURT CASE.
10:39:01AM ALLAPATTAH COMMUNITY ASSOCIATION VERSUS CITY OF MIAMI.
10:39:05AM THESE ARE ALL IN THE MEMO YOU HAVE.
10:39:09AM THE COURT SAID THOSE WHO OWN PROPERTY AND LIVE IN A
10:39:11AM RESIDENTIAL AREA HAVE LEGITIMATE AND PROTECTABLE INTEREST IN
10:39:13AM THE PRESERVATION OF THE CHARACTER OF THEIR NEIGHBORHOOD AND
10:39:16AM ARE ENTITLED TO LIVE WITHOUT FEAR OF LOSING THE COMFORT AND
10:39:19AM ENJOYMENT OF THEIR HOMES.
10:39:21AM THIRD DISTRICT IN THAT SERIES OF CASES OVERTURNED A REZONING
10:39:26AM FROM RESIDENTIAL TO COMMERCIAL BECAUSE THERE WAS NO EVIDENCE
10:39:29AM THAT THE REZONING WAS NECESSARY TO SAFEGUARD THE
10:39:32AM NEIGHBORHOOD.
10:39:32AM AND BECAUSE STATEMENTS IN THE RECORD THAT THE REZONING IS
10:39:36AM NEEDED TO PROMOTE THE COMMERCIAL DEVELOPMENT OF THE CITY
10:39:46AM WERE SUBJECTIVE, CONCLUSORY AND THEREFORE VALUELESS.
10:39:50AM THAT MEANS THEY DON'T EVEN MATTER.
10:39:52AM THE OPINION TESTIMONY OFFERED BY THE DEVELOPER'S SUPPORTERS
10:39:57AM IN THAT REGARD IS VALUELESS.
10:39:59AM THE STAFF AND PLANNING COMMISSION REPORTS RECOMMENDING
10:40:03AM APPROVAL OF THE APPLICATIONS ARE NOT COMPETENT, SUBSTANTIAL
10:40:06AM EVIDENCE IN FAVOR OF THE PROJECT BECAUSE THE REPORTS FAIL TO
10:40:09AM APPLY THE CORRECT LEGAL STANDARDS GOVERNING THE EVALUATION
10:40:13AM OF THE PROPOSED DEVELOPMENT, I.E., WHETHER THE PROJECT IS
10:40:16AM CONSISTENT WITH THE COMP PLAN, OBJECTIVES AND POLICIES
10:40:19AM PROTECTING THE INTEGRITY, CHARACTER, USE AND DENSITY OF
10:40:23AM SINGLE-FAMILY RESIDENTIAL AREAS.
10:40:24AM INSTEAD, THE REPORTS REACH THE LEGALLY FLAWED AND
10:40:28AM INCOMPETENT CONCLUSION THAT THE COMMERCIAL USE MAY BE
10:40:31AM APPROVED AS A RECREATIONAL FACILITY PRIVATE WITH A
10:40:34AM BED-AND-BREAKFAST ACCESSORY USE EVEN THOUGH THIS DESCRIPTION
10:40:37AM DEFIES -- DEFINES UNLAWFUL USE OF RESIDENTIAL PROPERTY UNDER
10:40:43AM THE GOVERNING RS-150 AND R-10 DISTRICTS WHERE NEITHER A
10:40:48AM BED-AND-BREAKFAST NOR ALCOHOL SALES ARE PERMITTED.
10:40:50AM NOWHERE IN EITHER THE STAFF OR PLANNING REPORTS IS ANY
10:40:56AM ATTEMPT MADE TO DEMONSTRATE HOW THE PROPOSED COMMERCIAL
10:40:59AM ENTERPRISE IS CONSISTENT WITH THE POLICIES AND OBJECTIVES
10:41:05AM PROTECTING SINGLE-FAMILY RESIDENTIAL AREAS IN THE
10:41:05AM COMPREHENSIVE PLAN, WHICH IS THE APPLICABLE LEGAL STANDARD.
10:41:08AM BECAUSE THE PROPOSED COMMERCIAL DEVELOPMENT IS COMPLETELY
10:41:11AM INCONSISTENT WITH THE RESIDENTIAL DISTRICT AT ISSUE.
10:41:14AM THE REPORTS, THEREFORE, ARE ENTITLED TO NO DEFERENCE AND DO
10:41:19AM NOT CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE SUPPORTING THE
10:41:24AM PROJECT.
10:41:25AM THE PROJECT IS INCONSISTENT WITH 27-2B OF THE ZONING CODE
10:41:36AM WHICH SEEKS TO -- AND HERE ARE THE ELEMENTS -- PROMOTE THE
10:41:40AM PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE, PROVIDE A
10:41:45AM WHOLESOME, SERVICEABLE AND ATTRACTIVE COMMUNITY.
10:41:49AM INCREASE THE SAFETY AND SECURITY OF HOME LIFE, PRESERVE AND
10:41:52AM CREATE A MORE FAVORABLE ENVIRONMENT IN WHICH TO REAR
10:41:55AM CHILDREN, STABILIZE, AND ENHANCE PROPERTY AND CIVIL VALUE.
10:42:00AM INCREASE TRAFFIC SAFETY AND EASE TRANSPORTATION PROBLEMS.
10:42:05AM ENSURE COMPATIBILITY OF THE NEW DEVELOPMENT WITH THE
10:42:08AM EXISTING DEVELOPMENT AND OPEN SPACE.
10:42:10AM HOW DOES THE STOVALL PROMOTE PUBLIC HEALTH, SAFETY AND
10:42:15AM MORALS?
10:42:16AM HOW DOES IT INCREASE SAFETY AND SECURITY OF HOME LIFE OR
10:42:18AM CREATE A MORE FAVORABLE ENVIRONMENT TO REAR CHILDREN OR
10:42:21AM INCREASE TRAFFIC SAFETY?
10:42:22AM HOW IS IT COMPATIBLE?
10:42:24AM A CHILD COULD SEE THAT THE VERY HOURS OF OPERATION AND
10:42:27AM NATURE OF ACTIVITIES, FREQUENCY, NATURE, VOLUME OF TRAFFIC,
10:42:31AM NATURE OF LIGHTING, SIGNAGE, SOUNDS AND SMELLS BY DEFINITION
10:42:34AM ARE INCONSISTENT WITH HOME LIFE IN A REGISTRATION
10:42:37AM NEIGHBORHOOD AND PUBLIC PARK.
10:42:39AM STOVALL MEETS NONE OF THE STANDARDS AND VOIDS THEM ALL.
10:42:43AM [ENCODER DROP]
10:42:47AM [ENCODER DROP]
10:43:05AM [ENCODER DROP]
10:43:07AM [ENCODER DROP]
10:43:17AM >> -- WEST BAYSHORE COURT, RESIDENT WHOSE BACKYARD SHARES A
10:43:23AM PROPERTY LINE WITH THE STOVALL HOW THIS.
10:43:25AM YOU TOLD US THIS WAS NOT A STORY OF THE HAVES AND HAVE-NOTS.
10:43:29AM RESPECTFULLY, I DISAGREE.
10:43:31AM IT IS PRECISELY THE WEALTH AND SOCIAL STANDING OF THE CASPER
10:43:34AM FAMILY AND THE FUTURE MEMBERS OF THE STOVALL CLUB THAT WILL
10:43:36AM BUY THEM THE PRIVILEGE OF ENJOYING THE BENEFITS OF THIS
10:43:39AM PROPERTY WHILE NOT PAYING THE PRICE OF THE IMPACT OF THE
10:43:42AM DEVELOPMENT IN THEIR OWN BACKYARDS.
10:43:44AM THE RECORD REFLECTS THAT THE MAJORITY OF THE PROPONENTS OF
10:43:47AM THIS PROJECT, WHO ARE HERE TO SPEAK AT THE LAST MEETING,
10:43:50AM MANY OF WHOM AT THE LAST MEETING EXPRESSED INTEREST IN
10:43:53AM BECOMING MEMBERS OF CASPER'S CLUB, LIVE OUTSIDE THE
10:43:56AM NEIGHBORHOOD.
10:43:57AM THE RECORD ALSO REFLECTS THAT A SIGNIFICANT MAJORITY, NOW
10:44:00AM OVER 80% OF THOSE IN THE IMMEDIATE NEIGHBORHOOD OF THE
10:44:03AM PROJECT VEHEMENTLY OBJECT TO ITS APPROVAL.
10:44:07AM YET FOR REASONS THAT DO NOT APPEAR TO HAVE ANY BASIS IN LAW
10:44:10AM THE APPLICATION THAT FUNDAMENTALLY AND IRREVERSIBLY CHANGES
10:44:14AM THE RESIDENTIAL ZONING OF OUR NEIGHBORHOOD WAS PROVISIONALLY
10:44:17AM APPROVED.
10:44:17AM THE QUESTION WE ALL HAVE IS WHY.
10:44:20AM THE ISSUE BEFORE YOU IS NOT WHETHER MR. CASPER IS A GOOD
10:44:23AM PERSON.
10:44:23AM IT ISN'T WHETHER HE HAS DEVELOPED OTHER SUCCESSFUL PROJECTS
10:44:27AM IN THE CITY.
10:44:28AM IT ISN'T WHETHER WE LIKE THE OXFORD EXCHANGE.
10:44:31AM IT ISN'T WHETHER A FORTUNE 500 CEO MIGHT LIKE TO WAKE UP IN
10:44:34AM THE BEDROOM OF A BED-AND-BREAKFAST.
10:44:39AM THE ONLY QUESTION BEFORE YOU IS WHETHER THE APPLICANT BY
10:44:41AM SUBSTANTIAL, COMPETENT EVIDENCE HAS ESTABLISHED THE FIVE
10:44:45AM ELEMENTS OF CODE SECTION 27-109A AND NONE OF THE ARGUMENTS
10:44:50AM PRESENTED BY THE APPLICANT THUS FAR MEET THAT SUBSTANTIAL
10:44:53AM EVIDENCE, FOR ONE SIMPLE REASON.
10:44:55AM THESE ARGUMENTS HAVE NOTHING TO DO WITH OUR NEIGHBORHOOD.
10:44:58AM THERE'S NO NEXUS BETWEEN MR. CASPER'S CHARACTER OR HIS
10:45:01AM PREVIOUS PROJECTS AND THE IMPACT OF THIS PROJECT ON OUR
10:45:05AM COMMUNITY, ITS CONSISTENCY WITH CONTIGUOUS PROPERTY AND
10:45:08AM SURROUNDING PROPERTIES OR THE REQUIREMENTS OF FLORIDA LAW.
10:45:11AM WHEN IT COMES TO INFORMATION THAT WOULD ESTABLISH THIS
10:45:14AM NEXUS, THE APPLICANT HAS BEEN IMPERMISSIBLY, DELIBERATELY
10:45:22AM VAGUE.
10:45:22AM HE HAS NOT TOLD US HOW MANY MEMBERS THE CLUB WOULD HAVE OR
10:45:24AM WHAT THE MEMBERSHIP CRITERIA OR DUES WILL BE.
10:45:27AM HOW CAN YOU ANALYZE COMPLIANCE WITH THE CODE, CONSISTENCY OF
10:45:29AM USE WITH THE SURROUNDING PROPERTY WHEN, BY HIS OWN
10:45:32AM ADMISSION, MR. CASPER DOESN'T HAVE A BUSINESS PLAN?
10:45:34AM WE CERTAINLY CAN'T REACH THE QUESTION OF WHETHER MITIGATING
10:45:37AM MEASURES PROPOSED BY THE APPLICANT ARE SUFFICIENT IN LIGHT
10:45:39AM OF THE FACT THAT, ONE, THAT NO ONE, INCLUDING IT APPEARS
10:45:43AM MR. CASPER KNOWS WHAT IS GOING TO BE GOING ON AT THIS CLUB.
10:45:47AM SIMPLY PUT, THE APPLICANT CANNOT MEET THE LEGAL AND
10:45:49AM REGULATORY CRITERIA WITH AN INCOMPLETE, VAGUE PLAN WHICH
10:45:53AM BEARS NO NEXT TO US THE PROJECT IN QUESTION AND ITS IMPACT
10:45:57AM ON OUR COMMUNITY.
10:45:58AM IF THE CRITERIA IS NOT MET LEGALLY, YOU CANNOT APPROVE THE
10:46:01AM APPLICATION.
10:46:02AM IN THE INTEREST OF NOT TURNING THIS INTO A STORY OF THE
10:46:04AM HAVES AND THE HAVE-NOTS, I IMPLORE YOU TO APPLY THE LAW AND
10:46:08AM REACH THE ONLY LEGALLY JUSTIFIABLE CONCLUSION THAT BOTH
10:46:12AM APPLICATIONS BEFORE YOU MUST BE DENIED.
10:46:22AM >> I HAVE A SHEET.
10:46:29AM >>MARTIN SHELBY: TWO NAMES.
10:46:30AM LINDA THOMAS.
10:46:32AM THANK YOU.
10:46:32AM AND ROBERT THATZ.
10:46:35AM [NO AUDIO]
10:46:53AM >> -- 4611 SOUTH ESPERANZA AVENUE AND PROUD SON OF PAUL AND
10:47:06AM GEORGIA DANAHY WHO LEAVE EXTREMELY CLOSE TO THE STOVALL
10:47:12AM PROPERTY.
10:47:12AM AS MY ELDERLY PARENTS MAY BE THE TWO MOST IMPACTED BY
10:47:15AM COMMERCIAL DEVELOPMENT AT THE STOVALL, I HAVE AGREED TO COME
10:47:18AM BEFORE YOU TODAY TO READ INTO THE RECORD A BRIEF PREPARED
10:47:21AM STATEMENT FOR MY FATHER.
10:47:24AM AFTER I'M DONE, I'LL BRING IT FORWARD FOR ENTRY.
10:47:26AM THANK YOU.
10:47:27AM I WILL NOW BEGIN READING FROM THE LETTER.
10:47:29AM DEAR MEMBERS OF THE TAMPA CITY COUNCIL, MY NAME IS PAUL W.
10:47:34AM DANAHY JUNIOR.
10:47:36AM NEITHER MYSELF NOR MY WIFE OF 66 YEARS, GEORGIA, WERE ABLE
10:47:40AM TO ATTEND TODAY'S MEETING.
10:47:42AM BUT PLEASE ACCEPT THIS AS MY STATEMENT IN OPPOSITION TO THE
10:47:46AM PROPOSED STOVALL DEVELOPMENT.
10:47:47AM LIVED AT 2902 WEST BAYSHORE COURT FOR NEARLY 50 YEARS.
10:47:54AM WITHIN 200 FEET OF THE STOVALL PROPERTY.
10:47:56AM WHICH IS LOCATED AT 4621 BAYSHORE BOULEVARD.
10:48:01AM BASED UPON THE QUIET AND STRICTLY RESIDENTIAL CHARACTER OF
10:48:05AM THE NEIGHBORHOOD -- HERE, I'VE GOT A LITTLE MAP THAT MIGHT
10:48:09AM SHOW THAT BETTER.
10:48:10AM THE PROPERTY RIGHT THERE.
10:48:14AM BASED ON THE QUIET AND STRICTLY RESIDENTIAL CHARACTER OF THE
10:48:18AM NEIGHBORHOOD AND BECAUSE OF THE HISTORIC AND RESTRICTIVE
10:48:22AM ZONING LAWS, WE CHOSE THIS AS THE SITE TO PUT DOWN ROOTS AND
10:48:26AM TO RAISE OUR FAMILY.
10:48:27AM IT IS THE HOME IN WHICH WE SAFELY AND SUCCESSFULLY RAISED
10:48:30AM OUR THREE CHILDREN, MATT, TOM, AND LAURA, TO WHICH ALL
10:48:37AM GRANDCHILDREN NOW ALSO COME TO STAY.
10:48:40AM IT IS ALSO BECAUSE OF THE COMFORT, PEACEFULNESS AND SAFETY
10:48:43AM OF OUR HOME THAT WHEN WE RETIRED WE MADE THE DECISION THAT
10:48:47AM WE WOULD ALWAYS REMAIN HERE.
10:48:49AM THROUGH THE YEARS AND IN RELIANCE ON OUR LONG-STANDING
10:48:54AM EXPECTATION THAT THE NEIGHBORHOOD WOULD ALWAYS REMAIN
10:48:57AM RESIDENTIAL, WE HAVE CONDUCTED SEVERAL SIGNIFICANT AND
10:49:00AM EXTENSIVE RENOVATIONS.
10:49:02AM IN ALL OUR TIME IN THIS WONDERFUL NEIGHBORHOOD, THERE'S
10:49:06AM NEVER BEEN A COMMERCIAL BUSINESS, PUBLIC ESTABLISHMENT OR
10:49:10AM PRIVATE CLUB ANYWHERE EVEN REMOTELY ALONG BAYSHORE
10:49:13AM BOULEVARD.
10:49:14AM SUDDENLY, AFTER ALL THESE YEARS, THERE IS NOW A PROPOSAL TO
10:49:27AM DEVELOP THIS NEARBY RESIDENTIAL PROPERTY INTO A COMMERCIAL
10:49:31AM BUSINESS, CONSISTING OF AN ENTERTAINMENT SPACE, HOTEL, AND A
10:49:35AM RESTAURANT, NIGHTCLUB AND I'M PARAPHRASING HERE, FOR UNKNOWN
10:49:40AM NUMBERS LATE INTO THE NIGHT.
10:49:41AM WE ARE, OF COURSE, SERIOUSLY WORRIED FOR OURSELVES AND OUR
10:49:46AM NEIGHBORS ABOUT A MULTITUDE OF INCREASED INCONVENIENCES,
10:49:51AM ECONOMIC HARMS AND PERSONAL DANGERS THIS WOULD BRING TO OUR
10:49:53AM VERY DOORSTEP.
10:49:55AM SUCH HARMS INCLUDE AN INCREASE IN CAR AND TRUCK TRAFFIC,
10:49:58AM LOUD NOISES, BRIGHT LIGHTS, SURFACE FLOODING FROM INCREASED
10:50:02AM RUNOFF, AND A HOST OF OTHER UNPLEASANT ACTIVITIES, INCLUDING
10:50:08AM UNPLEASANT SMELLS AND EVEN VERMIN.
10:50:11AM THESE ARE ALL ASSOCIATED WITH HAVING A COMMERCIAL
10:50:14AM DEVELOPMENT AS A CLOSE NEIGHBORHOOD INSTEAD OF A PEACEFUL
10:50:17AM ESTATE HOME.
10:50:18AM I BELIEVE THAT ALL OF THE ABOVE WOULD DECREASE OUR PROPERTY
10:50:23AM VALUE AND MAY WELL CAUSE US TO LOSE A SUBSTANTIAL SEGMENT OF
10:50:26AM THE ECONOMIC INVESTMENTS WE HAVE CONTINUED TO MAKE OVER THE
10:50:29AM YEARS.
10:50:30AM ALSO, WE WOULD SUFFER SUBSTANTIAL DISTRESS WERE WE TO BE
10:50:35AM FORCED NOW TO LEAVE OUR FAMILY HOME OF NEARLY HALF A
10:50:37AM CENTURY.
10:50:38AM ACCORDINGLY, I ASK THAT YOU DO NOT PERMANENTLY DISTURB THE
10:50:43AM LAWS THAT HAVE ALWAYS PROTECTED THE STRICTLY RESIDENTIAL
10:50:46AM CHARACTER OF THIS SPECIAL NEIGHBORHOOD.
10:50:48AM IT IS IN THE INTEREST OF FAIRNESS THAT I REQUEST EACH OF YOU
10:50:52AM NOW VOTE AGAINST THIS PROPOSAL BEFORE YOU.
10:50:54AM RESPECTFULLY SUBMITTED, PAUL W.DANAHY.
10:50:59AM THAT IS THE END OF HIS STATEMENT.
10:51:00AM I WOULD LIKE TO ASK YOU TO PLEASE SERIOUSLY CONSIDER HIS
10:51:04AM WORDS AS HE DID THE MANY LITIGANTS WHO CAME BEFORE HIM AS
10:51:08AM JUDGE OF FLORIDA SECOND DISTRICT COURT OF APPEALS AND OF
10:51:11AM THOSE TESTIFYING DURING COMMITTEE HEARINGS WHEN HE SERVED AS
10:51:13AM A REPRESENTATIVE IN THE FLORIDA HOUSE LEGISLATURE.
10:51:15AM THANK YOU.
10:51:55AM >>MARTIN SHELBY: MR. KUMAGAI HAS TWO NAMES.
10:51:57AM THE FIRST NAME, IS IT DWAYNE -- BRIAN SHEEN.
10:52:02AM WHERE ARE YOU?
10:52:04AM THANK YOU.
10:52:04AM KIMBERLY CORBIN.
10:52:07AM TWO ADDITIONAL MINUTES.
10:52:09AM FIVE MINUTES, PLEASE.
10:52:11AM >> KIRK KUMAGAI.
10:52:12AM 2918 WEST COACHMAN.
10:52:14AM I'VE BEEN PREVIOUSLY SWORN.
10:52:16AM MR. SMITH GOT UP HERE AND SAID WE AGREE WITH THE
10:52:18AM METHODOLOGY.
10:52:19AM COUNCILMAN SUAREZ WAS ABLE TO PICK UP ON IT BUT THEIR
10:52:23AM METHODOLOGY FOR THE TRAFFIC REPORT COUNTED ATHLETIC
10:52:28AM FACILITY.
10:52:28AM IF YOU LOOK AT WHAT THEY ARE PROPOSING, THE 69,700 SQUARE
10:52:32AM FEET, 750 SQUARE FEET THAT'S GOING TO BE THE PRIVATE
10:52:36AM RECREATIONAL FACILITY -- LOOK AT THE POOL.
10:52:41AM THAT IS THE RECREATIONAL USE.
10:52:43AM THAT IS THE ATHLETIC USE.
10:52:44AM EYEBALLED, PROBABLY, MAYBE A THOUSAND SQUARE FEET.
10:52:48AM THAT'S WHAT THEY BASE THEIR TRAFFIC REPORT ON.
10:52:51AM WE, ON THE OTHER HAND, TOOK THEM AT THEIR WORD. SAID WE'RE
10:52:56AM GOING TO ANALYZE IT AS NOT ONLY ATHLETIC FACILITY BUT A
10:53:02AM HIGH-END RESTAURANT, A HIGH-END LOUNGE BECAUSE THE CASPERS
10:53:06AM ARE SPENDING $20 MILLION TO BUY THE PROPERTY AND RENOVATE
10:53:09AM IT.
10:53:10AM OF COURSE, IT WILL BE HIGH-END.
10:53:12AM WE'LL COMBINE ALL THOSE BECAUSE MULTIUSES AT THE SAME TIME
10:53:16AM AND THAT CONCLUSION WAS NOT 853 WHICH THEIR TRAFFIC ENGINEER
10:53:21AM SAID BUT 1277 TRIPS INTO AND OUT OF THIS COMMERCIAL PROPERTY
10:53:26AM ON A DAILY BASIS.
10:53:27AM WE CAN DISPUTE BECAUSE I KNOW MR. SMITH WILL GET UP.
10:53:31AM VERY CAPABLE ATTORNEY.
10:53:32AM I USED TO WORK WITH GRAY ROBINSON AND MR. SMITH IS VERY
10:53:35AM CAPABLE.
10:53:35AM BUT WE CAN ALL AGREE THERE'S GOING TO BE ADDITIONAL TRAFFIC.
10:53:40AM 853 OR USE OURS AT 1277.
10:53:44AM YOUR PLANNING COMMISSION SAID, HEY, YOU GOT TO WATCH OUT FOR
10:53:48AM THESE INSTANCES.
10:53:49AM GASPARILLA.
10:53:50AM I'M GOING TO GIVE YOU MORE.
10:53:51AM YOU CAN'T GET TO THE PROPERTY AT LEAST FOUR DAYS.
10:53:55AM IF THEY USE BAYSHORE BOULEVARD, CAN'T GET THERE IN THE KIDS
10:54:00AM PARADE BECAUSE BAYSHORE BOULEVARD IS CLOSED.
10:54:03AM YOU CAN'T GET THERE ON GASPARILLA BECAUSE BAYSHORE IS
10:54:05AM CLOSED.
10:54:05AM YOU CAN'T GET THERE ON GASPARILLA 15K BECAUSE BAYSHORE
10:54:09AM BOULEVARD IS CLOSED.
10:54:10AM YOU CAN'T GET THERE ON THE HALF MARATHON THE NEXT DAY.
10:54:13AM SO HOW ARE THEY GOING TO GET THERE?
10:54:16AM YOUR PLANNING COMMISSION SAID YOU BETTER COME UP WITH
10:54:19AM MITIGATION FOR THE LARGE-VENUE ITEMS.
10:54:21AM YOU NEED TO ASK THEM WHAT'S THEIR MITIGATION PLAN FOR
10:54:25AM WHETHER IT'S THE 853 OR 1277 OR GOD KNOWS HOW MANY MORE CARS
10:54:28AM ARE GOING TO COME ON GASPARILLA.
10:54:30AM THERE'S ONLY THREE STREETS THAT CAN GET THERE ON THOSE FOUR
10:54:34AM DAYS.
10:54:34AM ASBURY, ALLINE OR MY STREET, COACHMAN AVENUE.
10:54:39AM IT WILL WELCOME A SUPERHIGHWAY ON GASPARILLA.
10:54:43AM WHAT IS THE MITIGATION PLAN?
10:54:44AM THAT'S THEIR JOB.
10:54:45AM WHAT IS THE MITIGATION PLAN.
10:54:47AM YOUR PLANNING COMMISSION SAYS COME UP WITH A MITIGATION
10:54:50AM PLAN.
10:54:50AM I'LL SHOW YOU THE PARKING ISSUE BECAUSE THE PETITIONER AND
10:54:59AM MR. SMITH SAID NOT GOING TO HAPPEN.
10:55:01AM WELL, ON JUNE 26, I LIVE SIX HOUSES, I DRIVE BY THE PROPERTY
10:55:05AM AND DESPITE THEIR PROMISES, THERE'S NOT GOING TO BE ANY
10:55:08AM ON-STREET PARKING.
10:55:10AM THERE'S TWO LIMOS PARKED RIGHT OUTSIDE THE COACHMAN AVENUE
10:55:15AM GATE.
10:55:15AM MIGHT HAVE THE BEST INTENTIONS BUT THOSE LIMO DRIVERS ARE
10:55:19AM GOING TO PARK WHEREVER THEY WANT.
10:55:21AM MORE IMPORTANTLY, REGULATED TRUCK, MAY 18th, RIGHT ABOUT
10:55:28AM NOON, RIGHT OUTSIDE, YOU CAN SEE RIGHT HERE THERE IS A
10:55:31AM COACHMAN AVENUE GATE.
10:55:33AM AGAIN, LOOK AT SECTION 25-182.
10:55:38AM I'LL PUT IT UP.
10:55:39AM IT BASICALLY SAYS THAT.
10:55:42AM I HAVE TO USE PICTURES.
10:55:44AM YOU CAN SEE RIGHT THERE, NO TRUCKS ON BAYSHORE BOULEVARD.
10:55:49AM RIGHT?
10:55:50AM NO TRUCKS ON BAYSHORE BOULEVARD.
10:55:52AM THAT'S NOT ADDRESSED IN THE PLANNING COMMISSION REPORT.
10:55:56AM THEY DON'T CITE, HEY, YOU CAN'T USE BAYSHORE BOULEVARD FOR
10:56:02AM YOUR ACCESS FOR COMMERCIAL VEHICLES.
10:56:04AM THAT'S NOT IN THE PLANNING COMMISSION REPORT.
10:56:06AM IT'S NOT IN THE STAFF REPORT.
10:56:07AM IT'S NOT IN MS. MURPHY'S REPORT.
10:56:10AM SHE DOES SAY THEY ARE NOT GOING TO USE SEMI TRAILERS.
10:56:13AM LET ME PUT UP 125-182.
10:56:17AM IT GOES FROM BAY TO BAY TO BIRD STREET.
10:56:21AM BAYSHORE BOULEVARD IS NOT A DESIGNATED TRUCK ROUTE.
10:56:24AM THEIR PLAN IS ILLEGAL.
10:56:26AM YOU'RE ASKING THOSE TRUCK DRIVERS TO COMMIT ILLEGALITIES.
10:56:33AM WHAT IS A TRUCK?
10:56:34AM VEHICLE WITH SIX OR MORE TIRES.
10:56:36AM THIS IS A REGULATED TRUCK.
10:56:38AM THEY MAY COME UP AND SAY, HEY, WE'LL USE THESE BOX VANS.
10:56:45AM THEY CAN'T CONTROL RIGHT NOW, HOW WILL THEY CONTROL WHEN
10:56:48AM THEY HAVE GASPARILLA?
10:56:49AM HOW ARE YOU GOING TO CONTROL THAT?
10:56:51AM WHAT IS THEIR MITIGATION PLAN?
10:56:53AM IF YOU ARE A COUNCIL IN YOUR WISDOM GOING TO GRANT THIS,
10:56:56AM LOOK AT YOUR PLANNING COMMISSION REPORT.
10:56:59AM ASK THEM SOME HARD QUESTIONS.
10:57:00AM WHAT'S THE MITIGATION PLAN?
10:57:02AM THEY SAID MAYBE LIMIT THE MEMBERSHIP.
10:57:04AM I ASK YOU THIS PLAN IS NOT CONSISTENT BECAUSE IT IS A
10:57:09AM COMMERCIAL USE.
10:57:10AM IT'S INCOMPATIBLE, INCONSISTENT, YOU SHOULD DENY THIS
10:57:14AM PETITION.
10:57:14AM THANK YOU.
10:57:27AM >>MARTIN SHELBY: MR. LEVINE HAS ONE NAME.
10:57:30AM LAURA DELISE.
10:57:31AM THANK YOU.
10:57:31AM FOUR MINUTES, PLEASE.
10:57:43AM >> CHAIRMAN REDDICK, MEMBERS OF THE CITY COUNCIL, MY NAME IS
10:57:46AM DENNIS LEVINE.
10:57:48AM LIFELONG RESIDENT OF THE CITY OF TAMPA AND ATTORNEY FOR 17
10:57:52AM YEARS.
10:57:52AM MY WIFE AND I HAVE OWNED THE PROPERTY LOCATED AT 2902
10:57:56AM COACHMAN THAT IS DIRECTLY BEHIND THE STOVALL PROPERTY, AS
10:58:00AM THE PICTURE INDICATES.
10:58:01AM WE'RE ONE OF ONLY FIVE HOUSES THAT ACTUALLY ABUT THE STOVALL
10:58:04AM PROPERTY, AND WE'LL BE ONE OF THE MOST DIRECTLY AND
10:58:07AM ADVERSELY IMPACTED PEOPLE IF THIS PROJECT IS APPROVED.
10:58:11AM WE STRONGLY OPPOSE THE PROJECT.
10:58:15AM WE CURRENTLY RENT THIS PROPERTY OUT, BUT WE INTENDED TO
10:58:18AM BUILD OUR RETIREMENT HOME HERE IF THIS PROJECT GOES THROUGH
10:58:24AM BECAUSE OF THE INTRUSIVE NATURE OF IT, WE WILL NOT DO SO.
10:58:27AM UNDER THE CITY'S ZONING CODE TO OBTAIN A WAIVER OF
10:58:30AM RESIDENTIAL ZONING PROVISIONS, THE CASPERS HAVE THE BURDEN
10:58:33AM TO SHOW THE WAIVER, IF ALLOWED, QUOTE, WILL NOT
10:58:36AM SUBSTANTIALLY INTERFERE WITH OR INJURE THE RIGHTS OF OTHERS
10:58:39AM WHOSE PROPERTY WOULD BE AFFECTED BY ALLOWANCE OF THE WAIVER.
10:58:42AM YOU DID NOT TELL US AFTER THE HEARING ON AUGUST THE 30th
10:58:48AM WHY THEY MET THAT BURDEN.
10:58:49AM AND I UNDERSTAND IT WAS LATE.
10:58:50AM IT WAS 1:30 IN THE MORNING AND WE DID NOT HAVE A DISCUSSION,
10:58:53AM PERHAPS, BUT I'M ASKING YOU TODAY THAT YOU NEED TO TELL US
10:58:58AM ON THE RECORD WHY IT IS YOU EITHER SUPPORT THIS OR WHETHER
10:59:01AM YOU BELIEVE THIS IS NOT APPROPRIATE.
10:59:03AM THE CONSTITUTION REQUIRES DUE PROCESS, FUNDAMENTAL RIGHTS AS
10:59:07AM A CITIZEN.
10:59:08AM THIS IS A QUASI-JUDICIAL PROCEEDING.
10:59:11AM IN THE COURT PROCEEDING, THE JUDGE HAS TO TELL THE PARTIES,
10:59:14AM THIS IS WHAT THE FINDINGS OF FACTS ARE, THIS IS WHAT THE LAW
10:59:17AM IS, AND THIS IS WHY I RULED THIS WAY.
10:59:19AM THAT'S WHAT I ASKED YOU TO DO FOR US, MY WIFE AND I AND
10:59:23AM OTHER DIRECTLY IMPACTED RESIDENTS.
10:59:25AM EACH OF YOU SHOULD TELL US ON THE RECORD WHY YOU SUPPORT
10:59:30AM THIS OR WHY YOU DON'T SUPPORT THIS, THIS DRAMATIC CHANGE IN
10:59:35AM THIS USE OF THE PROPERTY.
10:59:37AM AT THE AUGUST 30 HEARING, I POINTED OUT THAT THE CASPER'S PD
10:59:40AM DID NOT HAVE A SUFFICIENT SETBACK OF 25 FEET FOR THE 20
10:59:42AM PARKING SPACES, WHICH ARE DIRECTLY ADJACENT TO OUR PROPERTY.
10:59:45AM NOBODY ON THE CITY COUNCIL QUESTIONED THE PETITIONERS ON
10:59:50AM THIS IMPORTANT ISSUE OR EVEN BOTHERED TO ASK THE ZONING
10:59:55AM STAFF ABOUT IT.
10:59:55AM I ASK YOU TO DO THAT TODAY.
10:59:58AM AUGUST 30 I POINTED OUT THE DRAINAGE ISSUES THAT WOULD
11:00:01AM RESULT FROM THE POND BEING FILLED IN AND IMPERVIOUS SURFACES
11:00:05AM OF ALL THE PARKING AND PROPERTIES.
11:00:07AM NOBODY ON CITY COUNCIL QUESTIONED THE PETITIONER ON THIS
11:00:09AM IMPORTANT ISSUE.
11:00:10AM I ASK YOU TO DO THAT TODAY.
11:00:12AM WITH REGARD TO THE PARKING, THERE'S 40 PARKING SPACES WITHIN
11:00:18AM ABOUT 20 FEET OF OUR PROPERTY.
11:00:21AM WHY ARE ALL THESE PARKING SPACES NEXT TO WHERE ALL THE
11:00:24AM RESIDENTS' HOUSES ARE?
11:00:26AM WHY AREN'T THESE PARKING SPACES OUT NEAR BAYSHORE OR ON
11:00:29AM COACHMAN WHERE THEY AREN'T NEXT TO A HOUSE, AS I SHOW HERE?
11:00:33AM NOBODY ON THE CITY COUNCIL QUESTIONED THE PETITIONER ON THIS
11:00:36AM IMPORTANT ISSUE.
11:00:36AM WHY ARE YOU PUTTING THE PARKING NEXT TO ALL THESE PEOPLE'S
11:00:39AM HOUSES?
11:00:40AM WHY DIDN'T YOU PUT IT AWAY FROM THEIR HOUSES?
11:00:43AM COUNCILMAN SUAREZ POINTED OUT, TRAFFIC STUDY APPEARS TO BE
11:00:50AM FLAWED.
11:00:51AM NOBODY ELSE ON THE CITY COUNCIL QUESTIONED THE PETITIONERS
11:00:53AM ON THIS IMPORTANT ISSUE.
11:00:55AM RECENTLY, THE CITY COUNCIL CONSIDERED A REQUEST WHETHER TO
11:00:59AM CHANGE THE ZONING ON A LOT AT 3006 NORTH ALBANY, JUST ONE
11:01:03AM BLOCK OFF OF THE BUSY COMMERCIAL COLUMBUS BOULEVARD.
11:01:06AM A GROUP OF LOCAL RESIDENTS CAME AND OBJECTED.
11:01:09AM THEIR OBJECTIONS WERE STRIKINGLY SIMILAR TO THE OBJECTIONS
11:01:12AM BY KEEP BAYSHORE BEAUTIFUL AND THE IMMEDIATE RESIDENTS.
11:01:15AM THE STAFF FOUND THAT CONSISTENT, BUT YOU AS A CITY COUNCIL
11:01:20AM VOTED AGAINST IT AND VOTED IT DOWN.
11:01:22AM WHAT'S DIFFERENT HERE?
11:01:24AM IN LIGHT OF THE SIGNIFICANT NEIGHBORHOOD OPPOSITION HERE AND
11:01:28AM THE CITY COUNCIL'S RECENT DECISION TO REJECT THAT ZONING
11:01:32AM REQUEST, WE ASK THAT YOU REJECT THIS SIGNIFICANT,
11:01:35AM UNPRECEDENTED COMMERCIAL USE OF THE HOUSE IN A WHOLLY
11:01:38AM RESIDENTIAL NEIGHBORHOOD WHICH ADVERSELY IMPACTS BOTH OUR
11:01:41AM HOUSE AND THE NEIGHBORS.
11:01:42AM AND FOR THOSE WHO SUPPORT THE PROJECT, I ASK YOU TO TELL US
11:01:45AM WHY ON THE RECORD IT IS CONSISTENT WITH THE LAW.
11:01:49AM THANK YOU.
11:02:22AM >> GOOD MORNING.
11:02:23AM I'M ANDY ANDERS, 2932 WEST ALLINE AVENUE.
11:02:27AM I WANT TO THANK MR. SUAREZ AND MR. MIRANDA FOR THEIR
11:02:30AM PREVIOUS NO VOTES AND I ASK THAT ALL OF YOU TAKE A VERY
11:02:33AM CLOSE LOOK AT THIS PROJECT AND SAY NO TODAY.
11:02:36AM AT THE AUGUST 30th HEARING, YOU HEARD MANY PEOPLE SPEAK IN
11:02:39AM FAVOR OF THE PROJECT.
11:02:40AM HOWEVER, THEY ONLY INCLUDED 6% OF THE RESIDENTS THAT LIVE IN
11:02:44AM THE IMMEDIATE NEIGHBORHOOD.
11:02:45AM AFTER YOU SPOKE ON THE 30th, THE OPPOSITION TO THIS
11:02:50AM PROJECT HAS RISEN TO 80% OF THIS NEIGHBORHOOD.
11:02:53AM I HOPE YOU TAKE NOTICE OF THIS INCREASE AND DIG DEEPER INTO
11:02:58AM THIS PROPOSED PROJECT TODAY.
11:03:00AM OVER A THOUSAND PEOPLE CITYWIDE HAVE VOICED THEIR
11:03:03AM OPPOSITION.
11:03:03AM WE HAVE SOME VERY SERIOUS CONCERNS THAT HAVE NOT BEEN
11:03:07AM ADDRESSED, AND WE NEED YOU TO LOOK AT THESE ISSUES AND STOP
11:03:10AM THIS PROJECT FROM IRREVERSIBLY DAMAGING THE CHARACTER OF OUR
11:03:15AM NEIGHBORHOOD.
11:03:16AM LAND USE CATEGORY R-10 STATES THAT THERE SHOULD BE LIMITED
11:03:20AM NEIGHBORHOOD-SERVING COMMERCIAL USES.
11:03:21AM THIS PROJECT IS NOT NEIGHBORHOOD SERVING AND CALL IT WHAT
11:03:26AM YOU WILL, IT IS CLEARLY COMMERCIAL.
11:03:29AM THIS FACILITY IS A LARGE VENUE WITH A CAPACITY GREATER THAN
11:03:32AM 300, BUT THERE ARE ONLY 80 PARKING SPACES IN THE PROPOSED
11:03:37AM PLAN.
11:03:37AM MR. CASPER STATES THAT THERE WILL BE NO PARKING ALLOWED ON
11:03:41AM OUR RESIDENTIAL STREETS.
11:03:42AM ASIDE FROM THIS BEING UNENFORCEABLE, JUST WHERE DOES HE
11:03:46AM EXPECT HIS EMPLOYEES AND PATRONS TO PARK?
11:03:49AM WHERE IS THIS REMOTE LAW THAT HE SAYS THEY WILL BE SHUTTLED
11:03:53AM FROM?
11:03:54AM IS HIS INTENTION TO TURN NEIGHBORHOOD PROPERTIES INTO
11:03:57AM PARKING LOTS?
11:03:58AM WE DO NOT WANT PARKING ON OUR RESIDENTIAL STREETS OR PARKING
11:04:02AM LOTS IN OUR RESIDENTIAL NEIGHBORHOOD.
11:04:04AM AND KEEP IN MIND THAT SHUTTLE TRIPS ADD TO TRAFFIC VOLUME.
11:04:08AM THE COMPREHENSIVE PLAN STATES THROUGHOUT THAT THE SCENIC --
11:04:12AM STATES THAT THE SCENIC CORRIDOR DESIGNATION SHOULD ATTEMPT
11:04:15AM TO PROTECT ROADWAYS WHICH HAVE PRIMARILY RESIDENTIAL
11:04:19AM CHARACTER.
11:04:19AM THIS INCREASE IN VOLUME ON BAYSHORE IS INCOMPATIBLE WITH THE
11:04:25AM SCENIC CORRIDOR DESIGNATION.
11:04:27AM THE PLAN STATES THROUGHOUT THAT IT IS A GOAL OF THIS CITY TO
11:04:32AM PROTECT LOW DENSITY, SINGLE-FAMILY RESIDENTIAL NEIGHBORHOODS
11:04:36AM AND TO MAINTAIN THEIR CHARACTER.
11:04:38AM THIS PROJECT WILL FOREVER DAMAGE THE CHARACTER OF OUR
11:04:43AM RESIDENTIAL NEIGHBORHOOD.
11:04:44AM PROTECTING RESIDENTIALLY ZONED NEIGHBORHOODS AND ASSURING
11:04:49AM CURRENT AND FUTURE HOMEOWNERS THAT THEIR NEIGHBORHOODS ARE
11:04:52AM VALUED BY THIS CITY WOULD BE A MUCH GREATER ATTRACTOR TO
11:04:56AM TAMPA THAN A HIGHLY EXCLUSIVE ENTERTAINMENT VENUE FOR THE
11:05:01AM WEALTHY FEW.
11:05:02AM YOU HAVE A SECOND CHANCE TO PROTECT THIS NEIGHBORHOOD.
11:05:04AM PLEASE VOTE NO.
11:05:06AM THANK YOU.
11:05:27AM >>MARTIN SHELBY: THANK YOU, MS. NICHOLS HAS ONE ADDITIONAL
11:05:30AM NAME.
11:05:31AM DONOVAN BARNETT.
11:05:33AM THANK YOU.
11:05:33AM FOUR MINUTES, PLEASE.
11:05:35AM >> ZHENYA NICHOLS, 2903 WEST BAYSHORE COURT.
11:05:54AM I LIVE RIGHT NEXT TO STOVALL PROPERTY.
11:05:56AM YES, I NEED TO REARRANGE MY SPEECH BECAUSE I COMBINED
11:06:03AM ALCOHOL.
11:06:05AM FORGIVE ME FOR MY NERVOUSNESS.
11:06:07AM I WANT TO START MY SPEECH WITH REPLYING TO MR. CASPER'S
11:06:12AM REFERENCE TO MY QUOTE WHEN I TOLD HIM IT'S NOT PERSONAL,
11:06:16AM IT'S BUSINESS.
11:06:17AM YES, I DID SAY THAT.
11:06:18AM AND HE SAID, NO, I TAKE IT PERSONALLY.
11:06:21AM IT IS PERSONAL TO ME.
11:06:23AM WELL, HECK, YEAH, IT IS PERSONAL.
11:06:25AM IT IS HIS PERSONAL BUSINESS IN MY BACKYARD.
11:06:30AM IT DOESN'T GET MORE PERSONAL THAN THAT.
11:06:32AM HERE IS THE PICTURE OF MY BEDROOM WINDOW.
11:06:35AM HERE IS THE PICTURE OF STOVALL'S BEDROOM WINDOW.
11:06:47AM WE LITERALLY CAN WAVE TO EACH OTHER IN THE MORNING.
11:06:53AM I'M NOT GOING TO SPEAK ABOUT WHAT THE PLAN FOR THIS
11:07:00AM PARTICULAR HOUSE BECAUSE IT'S NOT THE TOPIC.
11:07:02AM HERE IS MY LINE, AND HERE IS THE BUILDING THAT --
11:07:17AM HERE IS THE GUEST HOUSE THAT MR. CASPER IS GOING TO DEMOLISH
11:07:20AM TO MAKE A PARKING LOT OF 80 PARKING SPACES THAT WILL BE
11:07:25AM ALIGNED ALONG MY RESIDENTIAL BACKYARD.
11:07:31AM IF ANY OF YOU THINK THAT MY PEACE AND QUIET IS NOT GOING TO
11:07:36AM BE DISTURBED, PLEASE BE MY GUEST.
11:07:41AM BE MY BUYER.
11:07:44AM MY HUSBAND AND I MAKE A HARD DECISION TO PUT OUR HOUSE ON
11:07:48AM SALE.
11:07:48AM WE WERE FORCED TO MOVE OUT IF THIS COMMERCIAL ENTERPRISE,
11:07:53AM HUGE COMMERCIAL VENUE IS MOVING OUT INTO OUR NEIGHBORHOOD WE
11:07:57AM WILL HAVE TO LOSE OUR HOMESTEAD AND MOVE OUT OF HERE.
11:08:00AM SO ANY TAKERS AMONG THE SUPPORTERS?
11:08:04AM I WILL GLADLY SWAP MY HOUSE WITH YOU RIGHT NOW.
11:08:06AM >>FRANK REDDICK: MA'AM, MA'AM, TALK TO US.
11:08:10AM >> OKAY.
11:08:11AM ANY TAKERS HERE?
11:08:12AM I'LL TAKE ANY OFFERS.
11:08:14AM WHAT I'M TRYING TO SAY, IT COULD BE A BEAUTIFUL, WONDERFUL
11:08:19AM IDEA.
11:08:20AM IT'S THE WRONG PLACE.
11:08:21AM MR. CASPER AND I HAD THIS CONVERSATION.
11:08:24AM WE AGREED IT'S LIKE A BIG WHITE ELEPHANT, VERY UNIQUE AND
11:08:30AM BIG AND THIS ELEPHANT IS TRYING TO MAKE ITS WAY INTO FRAGILE
11:08:35AM CHINA OF MY NEIGHBORHOOD.
11:08:36AM TO ME, IT IS A TROJAN HORSE.
11:08:38AM IT SNEAKS UP ON YOU AT NIGHT AND DESTROYS YOU FROM INSIDE.
11:08:43AM THAT'S WHAT IS GOING TO HAPPEN BECAUSE MR. CASPER'S
11:08:47AM COMMERCIAL PROPERTY -- I KNOW HE DOESN'T WANT TO HEAR IT,
11:08:51AM BUT HE'S USING PALMA CEIA AND THE YACHT CLUB AS A RESIDENCE.
11:08:56AM WHY NOT THE NEXT PERSON MOVING IN OUR NEIGHBORHOOD AND
11:08:58AM WANTING TO OPEN A NICE BAR NEXT DOOR TO ME WOULD NOT USE HIS
11:09:02AM ENTERPRISE AS A RESIDENT.
11:09:05AM IT IS BREAKING THE DAM OF RESISTANCE OF PEACE, THIS
11:09:14AM BEAUTIFUL --
11:09:22AM ORANGE, RESIDENTIAL NEIGHBORHOOD.
11:09:26AM PLEASE, KEEP US ORANGE.
11:09:43AM >> MY NAME IS LOUIS CONTI.
11:09:45AM I AM AN ATTORNEY PRACTICING IN DOWNTOWN TAMPA.
11:09:48AM I'M A RESIDENT OF 4805 BAYSHORE BOULEVARD, WHICH IS JUST
11:09:51AM DOWN THE STREET FROM THE STOVALL PROPERTY.
11:09:53AM I'M APPEALING TO THE MEMBERS OF THE COUNCIL WHO PREVIOUSLY
11:10:00AM VOTED TO APPROVE THIS REZONING REQUEST TO REVERSE THEIR
11:10:03AM APPROVAL OF THE REZONING REQUEST.
11:10:05AM I DO NOT BELIEVE THERE'S ANY BASIS FOR SHOWING THAT THE
11:10:10AM APPLICANT HAS MET ITS LEGAL BURDEN OF PROOF OF ESTABLISHING
11:10:14AM BY COMPETENT, SUBSTANTIAL EVIDENCE, THAT THIS COMMERCIAL
11:10:17AM PROJECT IS COMPATIBLE WITH A LOW DENSITY RESIDENTIAL
11:10:22AM NEIGHBORHOOD.
11:10:22AM THE APPLICANT I WANT TO REMIND EVERYONE IS STOVALL HOUSE
11:10:28AM LLC.
11:10:29AM IT'S NOT BLAKE CASPER.
11:10:31AM IT'S A FLORIDA BUSINESS ENTITY.
11:10:34AM STOVALL HOUSE LLC IS, IN TURN, MANAGED BY STOVALL MANAGEMENT
11:10:38AM INC., A FLORIDA CORPORATION.
11:10:40AM SO THE OWNER OF THIS PROPERTY IS A BUSINESS ENTITY, MANAGED
11:10:44AM BY A BUSINESS ENTITY.
11:10:46AM MR. CASPER IS IN THE BACKGROUND PULLING THE STRINGS.
11:10:49AM THIS IS NOT A REFERENDUM ON MR. CASPER.
11:10:51AM MR. CASPER LIVES SAFELY ON DAVIS ISLANDS, FAR AWAY FROM THE
11:10:56AM HAVOC THAT WILL BE WREAKED ON THIS NEIGHBORHOOD BY THIS
11:10:59AM COMMERCIAL PROJECT.
11:11:00AM WHY NOT PUT THIS COMMERCIAL PROJECT IN A COMMERCIALLY ZONED
11:11:07AM AREA OF THE CITY?
11:11:08AM WE HAVE PLENTY OF COMMERCIAL ZONES THAT WOULD WELCOME AN
11:11:11AM OPPORTUNITY TO HAVE A WELL-CONSTRUCTED, WELL-PLANNED PRIVATE
11:11:14AM CLUB.
11:11:15AM THIS IS NOT SOME RESIDENT WHO LIVED IN THAT HOME WHOSE
11:11:21AM CHILDREN HAVE GONE AND THEY HAVE NOW DECIDED TO OPEN UP A
11:11:25AM FEW BEDROOMS AS A BED-AND-BREAKFAST AND OFFER BREAKFAST TO
11:11:28AM THEIR FOUR OR FIVE GUESTS THAT MIGHT COME.
11:11:31AM THIS IS A PROJECT THAT IS A BAR, IT'S A RESTAURANT, IT'S AN
11:11:36AM EVENT VENUE.
11:11:38AM HOW MANY EVENTS ARE GOING TO BE HELD THERE?
11:11:40AM AND WHAT IS THE CAPACITY?
11:11:42AM THIS HAS 300 PLUS POTENTIAL PATRONS COMING TO EVENTS.
11:11:48AM CAN YOU IMAGINE IF YOU WOULD PUT YOURSELF IN THE ROLE OF THE
11:11:52AM NEIGHBORS, THESE STREETS ARE ALREADY NARROW.
11:11:56AM THESE STREETS ARE FULL OF PARKING NOW.
11:11:59AM COULD YOU IMAGINE WHAT THE PARKING IS GOING TO BE LIKE?
11:12:02AM COULD YOU IMAGINE THE TRAFFIC COUNT?
11:12:04AM CAN YOU IMAGINE THE NOISE AT NIGHT?
11:12:05AM YOU KNOW HOW QUIET IT IS IN THE EVENING?
11:12:08AM YOU GO OUT BACK, YOU HAVE A COUPLE OF FRIENDS OVER, THE
11:12:12AM NOISE WILL BE MAGNIFIED TENFOLD OR TWENTYFOLD.
11:12:17AM THERE'S NO PEACE AND QUIET FOR THE NEIGHBORHOOD.
11:12:19AM I URGE YOU, PLEASE, CAREFULLY RECONSIDER, CONSIDER THE LEGAL
11:12:27AM BURDEN OF PROOF, CONSIDER THE ZONING AND THE PRECEDENT THAT
11:12:30AM YOU WILL SET WHEN THE NEXT HOUSE ON BAYSHORE GOES UP FOR
11:12:34AM SALE AND ANOTHER LLC OWNED BY MAYBE A FOREIGN NATIONAL COMES
11:12:38AM IN AND BUYS IT AND WANTS TO HAVE THE SAME REZONING APPROVAL.
11:12:43AM THEY'LL COME AND ASK YOU FOR IT.
11:12:44AM THANK YOU FOR YOUR ATTENTION.
11:12:49AM >> GOOD MORNING, CITY COUNCIL.
11:12:51AM MY NAME IS ROBERT SORIANO.
11:12:53AM LIVE AT 2903 WEST BAYSHORE COURT.
11:12:55AM MY PROPERTY ABUTS THE SUBJECT PROPERTY AND FOR THE SAKE OF
11:12:59AM FULL DISCLOSURE, I AM THE HUSBAND OF THE FIERY MS. NICHOLS.
11:13:03AM IT WAS OBVIOUS FROM THE LAST HEARING THAT YOU WEREN'T SWAYED
11:13:08AM BY THE FACT THAT OVER 80% OF THE RESIDENTS OPPOSED THIS
11:13:11AM PROJECT.
11:13:12AM I WANT TO FOCUS ON LAW AND FACTS AND I WON'T REPEAT WHAT A
11:13:15AM LOT OF OTHER PEOPLE SAID.
11:13:16AM I HAD A LONGER PRESENTATION BUT I DON'T THINK I NEED TO MAKE
11:13:19AM IT BECAUSE MY FOCUS WAS ON THE FACT THIS IS A COMMERCIAL
11:13:22AM ENTERPRISE, WHICH I THINK YOU'VE HEARD, AS DEFINED BY THE
11:13:24AM CODE AND, FRANKLY, AS ADMITTED BY THE PROPONENTS WHEN THEY
11:13:26AM WANTED TO COMBINE THESE TWO APPLICATIONS.
11:13:29AM THEY ADMITTED THAT A LARGE VENUE IS, IN FACT, A COMMERCIAL
11:13:33AM ACTIVITY AND THAT THIS IS GOING TO BE A COMMERCIAL
11:13:35AM ENTERPRISE.
11:13:36AM AND, AS YOU KNOW, LARGE VENUE IS 299 PERSON PLUS OCCUPANCY,
11:13:42AM WHICH SELLS ALCOHOLIC BEVERAGES.
11:13:44AM LET ME FOCUS ON THIS.
11:13:45AM LARGE HERE IS AN UNDERSTATEMENT.
11:13:48AM THE PROPOSALS FOR AN ALCOHOLIC BEVERAGE --
11:13:50AM >>FRANK REDDICK: SIR, WE'RE TALKING ABOUT THE ZONING.
11:13:52AM WE'RE NOT TALKING ABOUT THE ALCOHOL PORTION.
11:13:55AM >> I AM TALKING ABOUT ALCOHOL.
11:13:56AM SHOULD I WAIT FOR THE NEXT ONE?
11:13:58AM I WILL.
11:13:58AM >>FRANK REDDICK: YES, IT IS THE NEXT ONE.
11:14:06AM >> GOOD MORNING, FOLKS.
11:14:07AM MY NAME IS JIM CUSACK, 4910 ST. CROIX DRIVE.
11:14:14AM I WANT TO SPEAK IN FAVOR OF THE PROJECT.
11:14:16AM IT'S ALWAYS DIFFICULT WHEN A SMALL GROUP OF PEOPLE COME
11:14:21AM TOGETHER AND TRY TO QUESTION SOMETHING THAT IS BASICALLY A
11:14:27AM QUESTION FOR THE WHOLE COMMUNITY.
11:14:28AM IT IS INTERESTING TO NOTE THAT IN A SIMILAR MATTER, HARRY
11:14:31AM TEASLEY, WHO SUPPORTS THIS PROJECT AND SUBMITTED A LETTER ON
11:14:36AM ITS BEHALF WAS THE LEADER AGAINST THE PROJECT THAT WAS VERY,
11:14:40AM VERY CONTROVERSIAL IN 1994.
11:14:43AM THERE WAS A SMALL GROUP OF PEOPLE THAT WAS GOING TO PUT THE
11:14:47AM CITY IN THE HOTEL BUSINESS.
11:14:49AM YOU FOLKS WERE GOING TO OWN A HOTEL AND THE SMALL GROUP OF
11:14:53AM PEOPLE WAS GOING TO RUN IT.
11:14:54AM HARRY TEASLEY INDEPENDENTLY AT HIS OWN EXPENSE PUT A GROUP
11:14:59AM TOGETHER TO TRY TO OPPOSE IT.
11:15:01AM THAT GROUP, AS A MATTER OF FACT, THE STOVALL HOUSE WAS LIKE
11:15:05AM THE HEADQUARTERS OF THE RESISTANCE.
11:15:06AM HARRY TOOK FULL-PAGE ADS AND SAID THIS IS NOT GOOD.
11:15:11AM IT'S GOOD FOR A SMALL GROUP OF PEOPLE BUT IT'S NOT GOOD FOR
11:15:14AM THE OVERALL COMMUNITY.
11:15:15AM I'LL NEVER FORGET BEING IN THIS ROOM WHEN A GREAT MAN NAMED
11:15:22AM EDDIE CABALLERO STOOD UP AND SAID, I'VE BEEN GETTING A LOT
11:15:27AM OF PRESSURE ON THIS DEAL.
11:15:28AM HE SAID, I'VE BEEN GETTING MORE PRESSURE THAN YOU CAN THINK.
11:15:32AM AND HE WAS A FOUR-TERM COUNCILMAN AND A GREAT MAN.
11:15:35AM AND HE SAID, I'M GOING TO MAKE A FEW PEOPLE MAD, BUT HE
11:15:39AM SAID, I'M GOING TO DO WHAT'S RIGHT FOR THE COMMUNITY BECAUSE
11:15:43AM THAT'S WHAT I WAS ELECTED TO REPRESENT.
11:15:45AM I REPRESENT THE PEOPLE OF TAMPA AND NOT A SMALL GROUP.
11:15:52AM IN THE SPIRIT OF EDDIE CABALLERO AND GREAT DECISIONS THIS
11:15:57AM COUNCIL HAS MADE, I RESPECTFULLY REQUEST YOU TO APPROVE AND
11:16:00AM REAFFIRM YOUR POSITIVE AND CORRECT VOTE ON THIS PROJECT.
11:16:06AM THANK YOU VERY MUCH.
11:16:12AM >> GOOD MORNING.
11:16:13AM I'LL BEGIN BY STATING THAT AS A RULE, I DO NOT SWEAR, BUT AS
11:16:16AM WITH ANY RULE, THERE ARE EXCEPTIONS, AND DEPENDING ON HOW
11:16:20AM YOU VOTE --
11:16:21AM >>FRANK REDDICK: START BY STATING YOUR NAME.
11:16:22AM >> MY NAME IS FRANCINE LEVINE.
11:16:28AM I DO AFFIRM TO SPEAK THE TRUTH.
11:16:29AM MY HUSBAND DENNIS LEVINE SPOKE EARLIER.
11:16:31AM WE OWN THE PROPERTY IMMEDIATELY WEST OF THE STOVALL PROPERTY
11:16:34AM AT 2902 COACHMAN.
11:16:35AM I SENT CORRESPONDENCE TO EACH OF THE CITY COUNCILORS.
11:16:39AM I HOPE YOU READ MY COMMENTS, BUT I HAVE MORE.
11:16:42AM YOU KNOW HOW I FELT AFTER YOUR VOTE THREE WEEKS AGO?
11:16:46AM LIKE I'M PART OF THE LITTLE PEOPLE WHO MUST HAVE OUR RIGHTS
11:16:51AM SUBJUGATED FOR THE GREATER GOOD.
11:16:53AM YOU VOTED THAT THE GREATER GOOD IS FOR A CORPORATION TO GET
11:16:56AM A PRIVATE CLUB FOR THE EXCLUSIVE ENJOYMENT OF ITS MEMBERS.
11:17:00AM THEY WANT TO BRING WORLD-RENOWNED SPEAKERS TO TAMPA.
11:17:04AM WHO IS GOING TO HEAR THE SPEAKERS?
11:17:05AM THE CLUB MEMBERS.
11:17:07AM SEEMS TO ME THE GREATER GOOD WOULD BE TO SPONSOR SPEAKERS AT
11:17:10AM A PUBLIC LIBRARY.
11:17:12AM THEY HAVE WONDERFUL MEETING SPACES WITH PARKING.
11:17:15AM AND SO DOES THE JCC, BY THE WAY, WITH LOVELY RECREATIONAL
11:17:19AM FACILITIES.
11:17:20AM AND BESIDE THE POINT, THEY HAVE THE ABILITY TO SERVE
11:17:24AM ALCOHOL.
11:17:25AM TO APPEASE THE NEIGHBORS, I HEARD A PROMISE TO NOT ALLOW
11:17:29AM PARKING ON OUR STREETS.
11:17:30AM WELL, THE STREETS ARE PUBLIC THOROUGHFARES, AND ANYONE IS
11:17:32AM ALLOWED TO PARK ON THEM.
11:17:34AM YOU KNOW, THE CITY NO LONGER ENFORCES A FIVE-MINUTE PARKING
11:17:38AM IN FRONT OF RESIDENCES.
11:17:39AM I ALSO HEARD THE PLAN TO HAVE DELIVERY TRUCKS USE BAYSHORE
11:17:43AM BUT THEY AREN'T ALLOWED ON BAYSHORE.
11:17:45AM PLEASE CONSIDER THE DANGER OF CARS AND VANS MANEUVERING ON
11:17:50AM BAYSHORE WITH LIMITED ACCESS FOR TURNING.
11:17:53AM OUR STREETS WERE NOT DESIGNED TO WITHSTAND COMMERCIAL
11:17:58AM TRAFFIC.
11:17:58AM WHEN WE INVESTED IN OUR PROPERTY, WE RELIED ON THE ZONING ON
11:18:04AM THE BOOKS FOR THE ENJOYMENT OF OUR PROPERTY THEN AND IN THE
11:18:08AM FUTURE.
11:18:09AM DO THE RIGHT THING, TELL MY KIDS, DO THE RIGHT THING.
11:18:15AM AND HONOR THE EXISTING ZONING BY VOTING NO.
11:18:28AM >> GOOD MORNING, MEMBERS OF COUNCIL.
11:18:30AM MY NAME IS JOHN GRANDOFF.
11:18:31AM ADDRESS SUITE 3700 BANK OF AMERICA PLAZA.
11:18:35AM AS I MENTIONED EARLIER, I REPRESENT MR. RICHARD JENKINS.
11:18:40AM EXCUSE ME.
11:18:41AM I HAVE TO PROVIDE MY SPEAKER WAIVER FORM.
11:18:43AM HOLD ON.
11:18:44AM I BELIEVE I'VE BEEN ALLOCATED 15 MINUTES UNDER THE RULE.
11:19:38AM >>FRANK REDDICK: NO, NO, NO, NO, NO, NO.
11:19:42AM >>JOHN GRANDOFF: TEN MINUTES.
11:19:43AM OKAY.
11:19:44AM >> GOOD TRY.
11:19:44AM [ LAUGHTER ]
11:19:51AM >>MARTIN SHELBY: SEVEN NAMES HERE FOR MR. GRANDOFF.
11:19:53AM SUSAN BOYD.
11:19:55AM >> HERE.
11:19:55AM >>MARTIN SHELBY: THANK YOU.
11:19:56AM PAT HANDILY.
11:19:57AM >> HERE.
11:19:58AM >>MARTIN SHELBY: THANK YOU.
11:19:58AM SHERRY CONNER.
11:20:00AM >> HERE.
11:20:01AM >>MARTIN SHELBY: LANCE CONNER.
11:20:02AM >> HERE.
11:20:02AM >>MARTIN SHELBY: SUSAN LANE.
11:20:04AM >> HERE.
11:20:04AM >>MARTIN SHELBY: NANCY CAMPBELL.
11:20:06AM >> HERE.
11:20:07AM >>MARTIN SHELBY: SYLVIA LA CRUZ.
11:20:09AM >> HERE.
11:20:10AM >>MARTIN SHELBY: THANK YOU, SEVEN MINUTES.
11:20:16AM TEN TOTAL.
11:20:19AM >>JOHN GRANDOFF: MEMBERS OF COUNCIL, JOHN GRANDOFF, SUITE
11:20:22AM 3700 BANK OF AMERICA PLAZA.
11:20:24AM I REPRESENT MR. RICHARD JENKINS WHO IS A LONGTIME CLIENT OF
11:20:29AM OUR FIRM.
11:20:30AM HE IS AN ELDERLY RETIRED MAN WHO LIVES IMMEDIATELY ACROSS
11:20:33AM THE STREET FROM THE STOVALL PROJECT.
11:20:37AM MR. JENKINS' HOME IS RIGHT HERE ON THE CORNER OF COACHMAN
11:20:41AM AND BAYSHORE BOULEVARD TO THE NORTH.
11:20:44AM HE'S 50 FEET AWAY.
11:20:47AM THE 50 FEET IS COACHMAN AVENUE.
11:20:50AM THE PROJECT IS VIRTUALLY ON TOP OF HIM.
11:20:53AM THIS IS A PROJECT THAT WILL MEASURE 18,000 SQUARE FEET WITH
11:20:57AM 80 PARKING SPACES.
11:20:59AM AS A PREFACE, I WANT YOU TO SERIOUSLY CONSIDER THE LETTER
11:21:05AM FROM SENATOR, FORMER SECOND DISTRICT COURT OF APPEAL JUDGE
11:21:10AM PAUL DANAHY THAT WAS READ TO YOU BY HIS SON.
11:21:13AM THAT IS A VERY SUBSTANTIAL AMOUNT OF COMPETENT EVIDENCE, A
11:21:19AM MAN WHO HAS LIVED THERE 50 YEARS.
11:21:21AM MY CLIENT SIMILARLY RETIRED, THIS IS HIS HOMESTEAD.
11:21:26AM THIS IS HIS CASTLE.
11:21:28AM THIS IS A COMMERCIAL PROJECT THAT IS INTERFERING WITH THAT
11:21:32AM WELL-BEING AND SANCTITY.
11:21:34AM THE MEMORANDUM OF LAW PROVIDED BY MY FIRM HAS BEEN RECITED
11:21:40AM SOMEWHAT BY MS. SHASTEEN.
11:21:42AM I ALSO WANT TO EMPHASIZE A FEW POINTS TO YOU.
11:21:46AM FIRST OF ALL, THE DEFINITION OF THE PROJECT, ALTERATION OF
11:21:54AM HISTORIC STRUCTURE -- NEW CONSTRUCTION FOR PRIVATELY
11:21:56AM OPERATED MEMBERSHIP BASED FACILITY PROVIDING INDOOR AND
11:21:59AM OUTDOOR RECREATION ACTIVITIES INCLUDING MEETING ROOMS,
11:22:02AM SOCIAL SPACES, DINING ROOMS, CHEF'S KITCHEN, CATERING FOR
11:22:06AM SPECIAL EVENTS, OPERATIONS OFFICE, SUPPORT HISTORIC SPACES,
11:22:11AM MULTIPURPOSE ROOMS, GREEN HOUSE, FITNESS ROOMS AND OVERNIGHT
11:22:15AM LODGING.
11:22:16AM AND I WILL ADD PARKING FOR WORKERS AND BACK OF THE HOUSE
11:22:20AM EMPLOYEES WHO KNOWS WHERE, FERRIED DOWN COACHMAN AVENUE AND
11:22:26AM BROUGHT IN THROUGH THE COACHMAN AVENUE DRIVEWAY, WHICH WILL
11:22:29AM BE THE BACK OF THE HOUSE DRIVEWAY ACROSS THE STREET FROM
11:22:33AM MR. JENKINS.
11:22:34AM THAT DRIVEWAY WILL BE RIGHT HERE.
11:22:36AM MR. JENKINS LIVES RIGHT HERE.
11:22:38AM THERE IS THE BAYSHORE ENTRANCE.
11:22:39AM NOW, THE PETITIONER HAS ATTEMPTED TO MOLLIFY US ON THIS BY
11:22:43AM SAYING THAT ALL OF THE TRUCK TRAFFIC WILL BE ON BAYSHORE.
11:22:46AM YOU CANNOT USE BAYSHORE BOULEVARD FOR TRUCK TRAFFIC UNDER
11:22:50AM CHAPTER 25 OF THE CITY OF TAMPA CODE.
11:22:53AM YOU DO NOT HAVE AUTHORITY TO WAIVE THAT RULE.
11:22:55AM IT IS A CITYWIDE RULE THAT CAN ONLY BE AMENDED BY LAW, AS
11:22:59AM PROVIDED IN THE LEGISLATION.
11:23:00AM THIS PROJECT IS INCOMPATIBLE AND IS NOT CONSISTENT WITH THE
11:23:07AM OBJECTIVES OF THE TAMPA COMPREHENSIVE PLAN; NAMELY,
11:23:10AM OBJECTIVE 9.5 WHICH REQUIRES THAT YOU MAINTAIN THE STABILITY
11:23:14AM OF EXISTING RESIDENTIAL AREAS WHILE EXPANDING OPPORTUNITIES
11:23:17AM FOR HOUSING CHOICES.
11:23:19AM POLICY 9.51, PROTECT LOW-DENSITY SINGLE-FAMILY AREAS THAT
11:23:25AM PROVIDE OPPORTUNITIES FOR HOME OWNERSHIP THAT ARE ATTRACTIVE
11:23:28AM TO HOUSEHOLDS WITH CHILDREN AND OTHER RESIDENTS, TO PROVIDE
11:23:31AM RESIDENTS WITH PRIVACY AND OPEN SPACES ACCESSIBLE TO
11:23:33AM RESIDENTS.
11:23:33AM POLICY 9.555, THIS IS THE CRUX OF THE CONSISTENCY WITH
11:23:40AM NEIGHBORHOODS REQUIREMENT IN THE COMPREHENSIVE PLAN, YOUR
11:23:44AM LAND USE CONSTITUTION.
11:23:45AM 9.55 SAYS, LIMIT THE NUMBER AND TYPES OF NONRESIDENTIAL USES
11:23:52AM PERMITTED IN SINGLE-FAMILY RESIDENTIAL AREAS TO PROTECT
11:23:57AM THOSE AREAS FROM THE NEGATIVE IMPACTS OF INCOMPATIBLE USES.
11:24:00AM THE COMPREHENSIVE PLAN WAS PASSED DESIGNATING THIS AREA R-10
11:24:04AM TO PROTECT MR. JENKINS, TO PROTECT JUDGE AND MRS. DANAHY, TO
11:24:10AM PROTECT THE FOLKS THAT LIVE ON BAYSHORE COURT, AND COACHMAN
11:24:15AM AVENUE.
11:24:16AM THEREAFTER, YOU PASS CHAPTER 27 TO IMPLEMENT THAT PROTECTION
11:24:21AM AND CHAPTER 27 SAYS, IT IS THE INTENT AND PURPOSE OF THE
11:24:24AM COMPREHENSIVE PLAN IN SECTION 27-2 TO PROMOTE PUBLIC HEALTH,
11:24:31AM SAFETY AND MORALS, INCREASE THE SAFETY AND SECURITY OF HOME
11:24:34AM LIFE, CREATE A MORE FAVORABLE ENVIRONMENT IN WHICH TO REAR
11:24:37AM CHILDREN AND STABILIZE AND ENHANCE PROPERTY AND CIVIC
11:24:40AM VALUES, TO INCREASE TRAFFIC SAFETY, AND EASE OF
11:24:43AM TRANSPORTATION PROBLEMS AND TO ENSURE -- THIS IS THE HOOK --
11:24:48AM COMPATIBILITY OF NEW DEVELOPMENT WITH EXISTING DEVELOPMENT
11:24:50AM AND OPEN SPACE.
11:24:52AM SO 27-2 OF THE ZONING CODE IS LINKED TO 9.55 OF THE
11:24:57AM COMPREHENSIVE PLAN TO ENSURE COMPATIBILITY OF NEW
11:25:01AM DEVELOPMENT.
11:25:02AM THAT IS THE R-10 PLAN CATEGORY, WHICH IS THE SEA OF ORANGE,
11:25:09AM AS ZHENYA NICHOLS SHOWED YOU, ON YOUR PLAN MAP.
11:25:13AM THIS APPLICATION ARRIVES INCOMPATIBLE BECAUSE YOU ARE
11:25:20AM INJECTING A COMMERCIAL USE INTO A RESIDENTIAL PLAN CATEGORY.
11:25:24AM NONE OF THE PROPOSED USES ARE PERMITTED USES OF THE RS-150.
11:25:28AM THE PRIVATE RESIDENTIAL FACILITY THAT IS BEING PROPOSED IS A
11:25:35AM SPECIAL USE ONE.
11:25:36AM THEY BALLED THIS UP INTO A PD AND ASKED YOU TO APPROVE THIS.
11:25:42AM HOWEVER THEY DO NOT MEET ONE OF THE CRITERIA OF PRIVATE
11:25:45AM RECREATIONAL FACILITY, THAT BEING THEY ARE NOT 25 FEET FROM
11:25:49AM ANY PROPERTY THAT'S ZONED RESIDENTIAL.
11:25:51AM THAT IS THE LEVINE'S PROPERTY, DENNIS AND FRANCINE LEVINE,
11:25:56AM RIGHT ON TOP OF THEM.
11:25:57AM AND IT'S NOT 25 FEET AWAY FROM MR. JENKINS' PROPERTY BECAUSE
11:26:03AM IT GOES RIGHT TO THE PROPERTY LINE AND COACHMAN AVENUE IS
11:26:07AM RESIDENTIALLY ZONED PROPERTY.
11:26:08AM THE STOVALL HOUSE HAS MISCONSTRUED THE GOVERNING LEGAL
11:26:20AM STANDARDS AND HEAVY BURDEN OF PROOF AS I STATED TO YOU BASED
11:26:22AM ON THE APPARENT AND ERRONEOUS BELIEF THAT CITY COUNCIL CAN
11:26:25AM APPROVE AN APPLICATION ON THE BASIS OF OPINION TESTIMONY OF
11:26:29AM INDIVIDUALS, MOST OF WHOM DO NOT RESIDE IN THE NEIGHBORHOODS
11:26:32AM IMPACTED BY THE DEVELOPMENT.
11:26:34AM THE CASE THAT LISA HAS CITED TO YOU ARE VERY INSTRUCTIVE.
11:26:41AM EXCUSE ME FOR A MOMENT.
11:26:46AM THE APPLICABLE STANDARD IS WHETHER THE DEVELOPMENT IS
11:26:53AM COMPATIBLE WITH THE GENERAL CHARACTER OF THE SURROUNDING
11:26:56AM NEIGHBORHOOD, NOT WHETHER THE ARCHITECT WILL DESIGN AS
11:27:00AM COMPATIBLE WITH THE ARCHITECTURAL DESIGN OF THE HOME, IT
11:27:02AM SEEKS TO CONVERT 18,000-SQUARE-FOOT RECONVERTED COMMERCIAL
11:27:06AM ENTERPRISE SUPPORTING 80 PARKING SPACES, ACCESSORY
11:27:10AM BED-AND-BREAKFAST, UNBRIDLED ALCOHOL SALES, IS HARDLY
11:27:15AM COMPATIBLE WITH THE CHARACTER OF THE R-10 DISTRICT.
11:27:18AM THEY ARE ASKING FOR WAIVERS.
11:27:19AM DISTANCE WAIVERS.
11:27:20AM THEY ARE ASKING TO ALLOW TRUCK TRAFFIC ON BAYSHORE BOULEVARD
11:27:24AM WHICH IS ILLEGAL.
11:27:25AM THEY ARE THEN TRYING TO BRING IN THE BACK-OF-THE-HOUSE
11:27:28AM TRAFFIC ON COACHMAN AVENUE, WHICH IS ILLEGAL UNDER CHAPTER
11:27:31AM 27-283.
11:27:33AM THEY HAVE NOT JUSTIFIED THOSE WAIVERS.
11:27:36AM THEY HAVE NOT MET THEIR BURDEN TO PROVE THAT THIS PROJECT IS
11:27:40AM COMPATIBLE.
11:27:42AM YOU DO NOT HAVE AUTHORITY TO APPROVE SOMETHING THAT IS NOT
11:27:44AM PROVEN TO BE COMPATIBLE FIRST.
11:27:46AM IT'S NOT OUR OBLIGATION TO COME FORWARD AND PROVE A
11:27:49AM NEGATIVE.
11:27:50AM THEY HAVE TO PROVE THE POSITIVE THAT IT IS COMPATIBLE
11:27:53AM ACCORDING TO THE COMPREHENSIVE PLAN, YOUR LAND USE
11:27:55AM CONSTITUTION.
11:27:56AM PARDON ME ONE MOMENT.
11:28:02AM SPECIFICALLY, THIS IS ON PAGE 21 OF MY MEMORANDUM, BECAUSE
11:28:07AM IT IS IMPOSSIBLE FOR STOVALL HOUSE TO PROVE THAT THE
11:28:10AM PROPOSED DEVELOPMENT IS CONSISTENT WITH THE COMPREHENSIVE
11:28:12AM PLAN, THE ISSUE OF WAIVERS IS IRRELEVANT.
11:28:15AM INDEED, NO WAIVER WILL TURN WHAT IS A GLARING COMMERCIAL USE
11:28:19AM THAT SHOULD HAVE NO LEGITIMATE EXPECTATION OF DEVELOPMENT
11:28:22AM WITHIN THE RS-150 DISTRICT INTO A USE THAT IS SOMEHOW
11:28:27AM CONSISTENT WITH THE COMPREHENSIVE PLAN.
11:28:28AM THE WAIVER SIMPLY IS NOT A REMEDY THAT COULD POSSIBLY CURE
11:28:31AM THE UNLAWFUL PROPOSED DEVELOPMENT.
11:28:34AM A BED-AND-BREAKFAST IS NOT A PERMITTED USE.
11:28:36AM IT'S ILLEGAL.
11:28:39AM CAN'T DO IT.
11:28:40AM PRIVATE RECREATIONAL FACILITY, SPECIAL USE ONE, BUT YOU HAVE
11:28:43AM TO MEET ALL FOUR CRITERIA.
11:28:45AM THEY DON'T MEET THEM.
11:28:45AM PARDON ME ONE MOMENT.
11:28:55AM TRY NOT TO BE REPETITIVE TO OTHER COMMENTS YOU'VE HEARD.
11:29:12AM OKAY.
11:29:14AM THE STAFF'S JUSTIFICATION.
11:29:16AM RECOGNIZING THAT A BED-AND-BREAKFAST -- THIS IS ON PAGE 17
11:29:19AM AT THE BOTTOM.
11:29:20AM RECOGNIZING THAT THE BED-AND-BREAKFAST IS NOT PERMITTED IN
11:29:23AM THE GOVERNING RS 150 ZONING DISTRICT, THE STAFF REPORT
11:29:27AM NEVERTHELESS SEEKS TO JUSTIFY APPROVAL OF THE USE AS
11:29:29AM FOLLOWS.
11:29:30AM QUOTE, THIS IS OUT OF THE STAFF REPORT.
11:29:32AM LISTEN TO THIS.
11:29:33AM THE REQUEST TO REZONE TO PLANNED DEVELOPMENT IS IN CONCERT
11:29:36AM WITH THE APPLICANT'S INTENT TO REQUEST ACCESSORY
11:29:39AM BED-AND-BREAKFAST USE LIMITED TO FIVE ROOMS AND NOT ALLOWS
11:29:44AM THE PRINCIPAL USE, SEE PLAN CONDITION, CLOSE PARENTHESES,
11:29:45AM AND PROCESS THE ASSOCIATED SPECIAL USE APPLICATION FOR
11:29:50AM ALCOHOLIC BEVERAGE SALES ASSOCIATED WITH A PRIVATE
11:29:52AM RECREATIONAL FACILITY, PARENS, QUOTE, PRIVATE CLUB, CLOSE
11:29:57AM PARENS.
11:29:58AM WHAT IN THE WORLD DOES THAT MEAN?
11:30:00AM READ IT AGAIN.
11:30:02AM TOP OF PAGE 18.
11:30:03AM I DON'T KNOW WHAT IT MEANS.
11:30:06AM READ WHAT THAT SAYS AND ANSWER TO YOURSELF, IS THAT
11:30:13AM COMPETENT SUBSTANTIAL EVIDENCE A FINDING THAT SUBSTANTIATES
11:30:17AM THE BURDEN THAT THEY HAVE TO PROVE THAT THIS PROJECT IS
11:30:20AM CONSISTENT.
11:30:21AM I RESPECTFULLY REQUEST THAT YOU VOTE TO DENY THIS PD
11:30:25AM APPLICATION.
11:30:26AM IT IS COMPLETELY OUT OF ORDER.
11:30:27AM THANK YOU.
11:30:31AM >>FRANK REDDICK: ALL RIGHT.
11:30:32AM THE NEXT SPEAKER.
11:30:39AM >> GOOD MORNING.
11:30:40AM SOL J. FLEISCHMAN JUNIOR, 2919 WEST VILLA ROSA PARK.
11:30:47AM I COULDN'T BE AT THE FIRST HEARING, BUT I WANTED YOU TO KNOW
11:30:51AM I STRONGLY SUPPORT BLAKE CASPER'S VISION FOR THE STOVALL
11:30:54AM HOUSE.
11:30:54AM AS A THIRD GENERATION TAMPAN WHO HAS LIVED OVER 43 YEARS ON
11:31:00AM VILLA ROSA PARK, ONE AND A HALF BLOCKS FROM THE STOVALL
11:31:04AM HOUSE, I SIMPLY DON'T BELIEVE THE HYSTERICS ABOUT CUT-THRU
11:31:08AM TRAFFIC, DRUNKEN SPEEDERS, BLARING MUSIC, ET CETERA.
11:31:14AM AS WE HAVE HAPPILY COEXISTED IN SOUTH TAMPA WITH THE TAMPA
11:31:19AM YACHT CLUB AND PALMA CEIA GOLF CLUB FOR DECADES, BOTH HAVING
11:31:25AM LARGE PARTIES AND SERVING ADULT BEVERAGES.
11:31:28AM EVEN THE NOW DEMOLISHED COLONNADE RESTAURANT, WHICH YOURS
11:31:35AM TRULY DESIGNED, HAD A BAR AND LOUNGE SEATING 50 PEOPLE IN
11:31:40AM ADDITION TO THE 300 SEATS IN THE RESTAURANT, AND THEY SERVED
11:31:45AM ADULT BEVERAGES EVERY DAY, SEVEN DAYS A WEEK FOR OVER 40
11:31:50AM YEARS.
11:31:51AM I HAVE GLADLY ADVOCATED FOR THE SAVING OF TAMPA'S HISTORIC
11:31:57AM ARCHITECTURE OVER MY 47 YEARS OF ARCHITECTURAL PRACTICE HERE
11:32:01AM IN TAMPA.
11:32:02AM HECK, I WAS EVEN SUED ALONG WITH CITY OF TAMPA BY LYKES
11:32:06AM BROTHERS FOR OUR FAILED ATTEMPT TO SAVE THE HISTORIC FIRST
11:32:11AM NATIONAL BANK BUILDING, THE TAMPA GAS COMPANY BUILDING.
11:32:15AM AND I WAS THE FOUNDING CHAIRMAN AND SERVED FOR 20 YEARS ON
11:32:18AM THE HISTORIC TAMPA, HILLSBOROUGH COUNTY PRESERVATION BOARD,
11:32:22AM FOUNDING VICE-CHAIRMAN AND SERVED FOR SIX YEARS ON THE TAMPA
11:32:26AM ARCHITECTURE REVIEW COMMISSION.
11:32:28AM I'VE HAD THE HONOR AND PRIVILEGE OF RESTORING MANY OF
11:32:31AM TAMPA'S HISTORIC GEMS SUCH AS THE FORT HOMER HESTERLY
11:32:36AM ARMORY, THE BRYAN GLAZER JEWISH COMMUNITY CENTER, AND YBOR
11:32:41AM CITY'S HISTORICAL BUILDING, THE HISTORIC LEMAN HOUSE IN HYDE
11:32:46AM PARK, THE HISTORIC ROY JENKINS SWIMMING POOL THAT MANY OF
11:32:50AM THE OLD-TIMERS LIKE ME IN THE ROOM LEARNED TO SWIM WHEN IT
11:32:53AM WAS THE DAVIS ISLAND SWIMMING POOL.
11:32:56AM LAST BUT NOT LEAST IS THE BUILDING THAT WE'RE IN RIGHT NOW,
11:32:59AM THE HISTORIC OLD CITY HALL WHICH WE JUST FINISHED THE
11:33:02AM EXTERIOR RESTORATION.
11:33:04AM TAMPA HAS TRAGICALLY LOST SOME OF ITS MOST WONDERFUL,
11:33:09AM HISTORIC HOMES, WHICH CONNECTED US TO THE RICH, RICH HISTORY
11:33:13AM AND TOLD THE STORY OF THE PROMINENT PEOPLE WHO MADE A
11:33:17AM DIFFERENCE IN THE DEVELOPMENT OF TAMPA.
11:33:19AM THE -- REUSE OF THE STOVALL HOUSE AS VISIONED BY BLAKE
11:33:25AM CASPER IS THE PERFECT WAY FOR US TO PRESERVE THIS RICH PART
11:33:31AM OF TAMPA'S HISTORY.
11:33:32AM I URGE YOU TO VOTE FOR THE REZONING.
11:33:34AM THANK YOU.
11:33:37AM >>FRANK REDDICK: IS THERE ANYONE ELSE WHO WISH TO SPEAK AT
11:33:42AM THIS TIME?
11:33:42AM ALL RIGHT.
11:33:43AM PETITIONER.
11:33:44AM YOU GOT YOUR REBUTTAL TIME.
11:34:00AM >> TRUETT GARDNER, ON BEHALF OF THE APPLICANT.
11:34:04AM A LOT OF THE TESTIMONY THAT YOU JUST HEARD WAS ALREADY
11:34:07AM GIVEN, ALREADY ADDRESSED.
11:34:10AM WE DON'T NEED TO RETREAD THAT WATER.
11:34:13AM I DID WANT TO ADDRESS A COUPLE OF THE COMMENTS, ONE FROM THE
11:34:16AM OPPOSITION'S PLANNER, CAROL CLARKE.
11:34:18AM ONE, SHE STATED THE ATHLETIC CLUB SHOULD NOT BE USED AS THE
11:34:22AM METHODOLOGY, AS MR. SMITH STATED, THAT'S WHAT OUR TRAFFIC
11:34:26AM CONSULTANT AGREED TO.
11:34:27AM THAT'S WHAT THE CITY OF TAMPA AGREED TO AND IRONICALLY,
11:34:30AM THAT'S WHAT THE OPPOSITION AGREED TO.
11:34:32AM SECONDLY, WITH RESPECT TO PARKING SPACES SHE STATED THAT WE
11:34:35AM ARE INADEQUATE AND UNDERPARKED.
11:34:37AM IF YOU'LL LOOK AT THE SITE PLAN, WE HAVE CULLED OUT 14,600
11:34:43AM SQUARE FEET OF PRIVATE RECREATIONAL FACILITIES.
11:34:46AM AT FIVE SPACES PER THOUSAND, THAT'S 73 SPACES.
11:34:50AM WE HAVE FIVE GUEST SUITES AT 1.25 SPACES PER SUITE AND IT'S
11:34:55AM A MAXIMUM OF FIVE GUEST SUITES.
11:34:57AM THAT'S 6.25 SPACES.
11:34:59AM IF YOU ROUND THAT UP TO 6.25 TO 7, ADD IT TO THE 73, YOU END
11:35:04AM UP WITH 80 SPACES REQUIRED, 80 PROVIDED.
11:35:07AM SECONDLY, WITH RESPECT TO MS. SHASTEEN, SHE STATED THAT OUR
11:35:13AM SUPPORTERS WHO SPOKE AT THE LAST HEARING DO NOT LIVE IN THE
11:35:15AM NEIGHBORHOOD.
11:35:16AM IF YOU'LL RECALL THAT IS ABSOLUTELY, PATENTLY FALSE.
11:35:19AM I THINK THERE WAS A FAIR BALANCE OF SUPPORTERS IN THE
11:35:22AM NEIGHBORHOOD.
11:35:26AM WITH RESPECT TO MR. LEVINE AND MR. GRANDOFF STATED THE SAME,
11:35:29AM DEALING WITH THE SEPARATION ON THE WEST SIDE BETWEEN THE
11:35:34AM PROPERTY AND MR. LEVINE'S PROPERTY, WHAT THEY FAILED TO
11:35:38AM MENTION IS THERE IS AN EASEMENT BETWEEN THE TWO.
11:35:41AM SECONDLY, WHAT THEY ALSO FAILED TO MENTION IS THAT WHEN YOU
11:35:45AM DO THE MEASUREMENT, WE MEET THE 25 FEET.
11:35:48AM FINALLY, MR. CONTI STATED HOW MANY LARGE EVENTS WILL THERE
11:35:53AM BE?
11:35:53AM THE ANSWER IS ON YOUR SITE PLAN.
11:35:55AM THIS IS WHAT WE AGREED TO WITH THE COMMITTEE.
11:35:57AM IT IS A TOTAL OF FOUR.
11:35:59AM NOBODY ELSE HAS THAT RESTRICTION.
11:36:00AM THAT'S WHAT WE AGREED TO AND THAT'S WHAT WE'RE GOING TO LIVE
11:36:03AM BY.
11:36:03AM LASTLY, THERE IS THE OVERARCHING ISSUE OF COMPATIBILITY.
11:36:09AM WITH RESPECT TO THAT AT OUR LAST HEARING, WE HAD EXPERT
11:36:15AM TESTIMONY FROM SUE MURPHY AND HER MEMO.
11:36:18AM WHAT IT STATES IS VERY CONTRARY TO WHAT MR. GRANDOFF WAS
11:36:22AM STATING.
11:36:22AM THE TAMPA COMPREHENSIVE PLAN DEFINES COMPATIBILITY AS
11:36:27AM CHARACTERISTIC OF DIFFERENT USE OR ACTIVITIES OR DESIGN,
11:36:30AM WHICH ALLOW THEM TO BE LOCATED NEAR OR ADJACENT TO ANOTHER
11:36:34AM USE AND HARMONY.
11:36:36AM SOME ELEMENTS AFFECTING COMPATIBILITY INCLUDE THE FOLLOWING:
11:36:39AM HEIGHT, SCALE, MASS, BULK OF STRUCTURES, PEDESTRIAN OR
11:36:43AM VEHICULAR TRAFFIC, CIRCULATION, ACCESS, AND PARKING IMPACTS,
11:36:47AM LANDSCAPING, NOISE, ODOR, AND ARCHITECTURE.
11:36:50AM THAT'S DIRECTLY FROM THE COMP PLAN WHICH YOU SAID WE DO NOT
11:36:54AM MEET.
11:36:54AM TO ADDRESS A FEW OF THOSE, HEIGHT.
11:36:59AM THE RS-150 AND THE RS-60 HAVE A MAXIMUM HEIGHT OF 35 FEET.
11:37:04AM YOU'LL SEE ON OUR SITE PLAN, THE ONLY THING THAT HAS A
11:37:08AM HIGHER HEIGHT THAN 35 FEET IS THE EXISTING STOVALL HOUSE,
11:37:12AM WHICH I THINK WE ALL WANT TO PRESERVE.
11:37:14AM IT'S 39 FEET.
11:37:15AM SECONDLY, WITH RESPECT TO SCALE, WE DID A STUDY OF ALL THE
11:37:20AM HOUSES IN THE SURROUNDING AREA.
11:37:21AM THE AVERAGE F.A.R. OF A HOUSE IN THE IMMEDIATE VICINITY IS
11:37:27AM AN F.A.R. OF .41.
11:37:29AM WHAT WE ARE PROPOSING IS .16.
11:37:32AM 50% OF THE F.A.R. OF THE STRUCTURES THAT SURROUND US.
11:37:38AM WITH RESPECT TO PEDESTRIAN AND VEHICULAR TRAFFIC, AGAIN, ONE
11:37:41AM OF THE COMP PLAN REQUIREMENTS THAT YOU LOOK AT.
11:37:44AM AT THE TIME MR. CASPER PURCHASED THE PROPERTY, WE
11:37:46AM IMMEDIATELY WORKED WITH CITY STAFF TO GET THE SIDEWALK
11:37:49AM INSTALLED ALONG BAYSHORE BOULEVARD AND TO COMPLETE A
11:37:53AM PEDESTRIAN PATHWAY.
11:37:54AM IN REGARDS TO VEHICULAR TRAFFIC, BAYSHORE BOULEVARD IS THE
11:37:58AM ONLY ALLOWABLE INGRESS AND EGRESS POINT WITH THE EXCEPTION
11:38:01AM OF SOLID WASTE AND EMERGENCY SERVICES WHICH WAS FORCED UPON
11:38:05AM US BY THOSE DEPARTMENTS.
11:38:06AM ARCHITECTURE, AGAIN, ONE OF THE COMP PLAN DESIGNATIONS.
11:38:11AM STOVALL HOUSE WAS CONSTRUCTED IN 1909.
11:38:13AM OUR ARCHITECTS ARE HERE TO TESTIFY BUT YOUR STAFF AGREED
11:38:17AM THAT EVERYTHING THAT WE HAVE PROPOSED IS IN KEEPING WITH THE
11:38:20AM ARCHITECTURAL DESIGN OF THE STOVALL HOUSE.
11:38:23AM FINALLY, I THINK WE NEED TO KEEP THIS WHOLE THING IN
11:38:25AM PERSPECTIVE.
11:38:26AM WHAT THE OPPOSITION WOULD HAVE YOU DO IS DRAW US INTO THE
11:38:29AM MIDDLE OF A NEIGHBORHOOD WHEN THAT SIMPLY ISN'T THE FACT.
11:38:32AM WE ARE ON THE PERIMETER OF A NEIGHBORHOOD.
11:38:34AM WE ARE ON BAYSHORE BOULEVARD, 180 DEGREES OF WHAT WE LOOK AT
11:38:40AM IS ROADWAY, A LINEAR PARK AND WATER.
11:38:43AM THEN LET'S LOOK AT BAYSHORE BOULEVARD, IF THAT'S THE CONTEXT
11:38:46AM WE WANT TO LOOK AT IT.
11:38:48AM IT HAS A LONG HISTORY OF GAS STATIONS, RESTAURANTS,
11:38:50AM SYNAGOGUES, CHURCHES, GARDEN CENTERS, WOMEN CLUB, BOTH OF
11:38:55AM WHICH SERVE ALCOHOL.
11:38:56AM HIGH-RISES.
11:38:57AM WHEN YOU LOOK AT THIS BUILDING, WHAT WE'RE PROPOSING TO DO
11:39:01AM TO KEEP THE BUILDING, TO KEEP THE ESTATE, WE THINK IT FITS
11:39:04AM WITH ZONING, AND WE THINK IT FITS WITH THE COMPREHENSIVE
11:39:08AM PLAN.
11:39:09AM YOUR STAFF BOTH AGREES WITH THAT.
11:39:11AM I'LL SAVE THE REST OF THE TIME TO DAVID SMITH.
11:39:18AM >>David Smith: THANK YOU, TRUETT.
11:39:20AM DAVID SMITH, GRAY ROBINSON, EAST JACKSON.
11:39:23AM ALMOST GOING TO BE IMPOSSIBLE FOR THE TIME I'VE GOT TO REBUT
11:39:26AM SOME OF THE MISINFORMATION, MISCHARACTERIZATIONS AND
11:39:30AM MISREPRESENTATIONS OF THE APPLICABLE REQUIREMENTS.
11:39:33AM LET ME TRY WHAT I CAN AND HIT THE HIGH POINTS.
11:39:36AM MUCH WAS REPETITIVE, SAID LAST TIME.
11:39:39AM THEY DID NOT ABIDE BY THEIR OWN STATEMENT OF KEEPING THE
11:39:41AM ALCOHOL BEVERAGE OUT OF IT.
11:39:43AM THE WAIVER ISSUE IS ALCOHOL BEVERAGE ISSUE.
11:39:46AM LARGE VENUE IS ALCOHOL.
11:39:48AM THEY BOOTSTRAPPED IT UNDER ZONING.
11:39:51AM THAT'S INCONSISTENT WITH WHAT THEY SAID THEY WOULD DO.
11:39:53AM I'D LIKE TO GIVE A SUPPLEMENTAL MEMORANDUM, IF I MIGHT.
11:39:56AM WITH SIX MINUTES TO GO, I THINK WHAT I'D LIKE TO DO IS AT
11:40:05AM LEAST EXPLAIN THE MISCHARACTERIZATION OF THE ISSUES
11:40:08AM REGARDING RESIDENTIAL COMMERCIAL.
11:40:10AM I ALSO HAVE FOR YOUR INFORMATION A SERIES OF PROVISIONS THAT
11:40:16AM ARE APPLICABLE TO THAT.
11:40:17AM I WILL GIVE YOU EACH A COPY FOR THE RECORD.
11:40:21AM THERE'S TWO DIFFERENT SETS OF PACKAGES.
11:40:23AM ONE IS THE COMPREHENSIVE PLAN AND YOUR OWN ZONING CODE.
11:40:26AM THIS IS THE DEFINITION OF RESIDENTIAL USE.
11:40:33AM I WOULD ALSO SUBMIT TO YOU HAVING BEEN INVOLVED IN THE CITY
11:40:36AM FOR A LONG PERIOD OF TIME, IT IS NOT UNCOMMON FOR THE CITY
11:40:39AM OF TAMPA TO HAVE SOMEWHAT OF ABUTTING USES RESIDENTIAL AND
11:40:44AM COMMERCIAL, ALTHOUGH THIS IS NOT A COMMERCIAL USE, IN MY
11:40:46AM OPINION.
11:40:46AM WE'LL EXPLAIN THAT IN A MINUTE.
11:40:48AM OKAY.
11:40:49AM IF YOU LOOK AT WHAT THE COMPREHENSIVE PLAN SAYS, THE R-10
11:40:54AM DESIGNATION -- AND YOU HAVE THIS COMING TO YOU -- INDICATES
11:40:58AM UNDER OTHER CONSIDERATIONS THAT YOU MAY HAVE LIMITED
11:41:00AM NEIGHBORHOOD-SERVING COMMERCIAL USES CONSISTENT WITH
11:41:03AM LOCATIONAL CRITERIA FOR NEIGHBORHOOD COMMERCIAL AND
11:41:06AM RESIDENTIAL OFFICE USES.
11:41:07AM OUR LOCATIONAL CRITERIA, LOCATIONAL CRITERIA INTENDED TO
11:41:11AM MITIGATE THE IMPACT OF RESIDENTIAL USES -- EXCUSE ME, THE
11:41:14AM IMPACT OF COMMERCIAL USES IN RESIDENTIAL AREAS, THAT'S
11:41:16AM EXACTLY WHAT YOU DO WITH A PD.
11:41:18AM YOU PROVIDE CONDITIONS THAT MITIGATE THAT IMPACT.
11:41:21AM ALSO, IT SAYS, R-10, AGAIN, THAT'S YOUR LAND USE CATEGORY.
11:41:24AM IT'S COMPATIBLE WITH PUBLIC, QUASI-PUBLIC, AND SPECIAL USES,
11:41:30AM FOR EXAMPLE, CHURCHES, SCHOOLS, RECREATIONAL, AND DAY CARE
11:41:35AM FACILITIES.
11:41:36AM THEY ARE ALL ALLOWED CONSIDERATION.
11:41:37AM SO THE ASSERTION THAT THIS IS INVALID VIOLATION OF YOUR
11:41:41AM COMPREHENSIVE PLAN AND ILLEGAL IS SIMPLY WRONG.
11:41:44AM THAT'S NOT THE CASE.
11:41:45AM I DON'T HAVE AN OPPORTUNITY TO GO INTO EVERY ASPECT OF THE
11:41:49AM REPRESENTATIONS THAT WERE MADE TO YOU BUT I CAN TELL YOU
11:41:53AM THAT IS FLATLY WRONG.
11:41:55AM THE PLANNING COMMISSION NEVER WOULD HAVE RECOMMENDED
11:41:56AM APPROVAL.
11:41:57AM THE ONLY PEOPLE PROVIDING YOU EXPERT OPINIONS LAST TIME AND
11:42:00AM TODAY WHO ARE NOT BEING PAID FOR THOSE OPINIONS ARE THE
11:42:03AM PLANNING COMMISSION STAFF AND YOUR OWN STAFF.
11:42:05AM THE PLANNING COMMISSION STAFF TOTALLY SUPPORTED THE
11:42:09AM SUBMITTAL AS CONSISTENT WITH THE COMPREHENSIVE PLAN.
11:42:10AM YOUR STAFF HAS EXPLAINED WHY IT IS CONSISTENT WITH YOUR CITY
11:42:13AM CODE.
11:42:14AM AND I SUBMIT THAT YOU SHOULD REALLY RELY ON THOSE, EVEN MORE
11:42:18AM SO THAN RELYING ON ME BECAUSE THEY ARE TRULY THE EXPERTS IN
11:42:20AM THE AREA AND THEY ARE COMPLETELY UNBIASED AND INDEPENDENT.
11:42:23AM YOU'LL ALSO LOOK AT THE DEFINITION OF A RESIDENCE DISTRICT
11:42:29AM IN THE CITY CODE.
11:42:30AM IT SAYS IT MEANS THE TERRITORY CONTIGUOUS TO AND INCLUDING
11:42:32AM THE HIGHWAY, NOT COMPRISING A BUSINESS DISTRICT WHEN THE
11:42:36AM PROPERTY OF SUCH HIGHWAY FOR A DISTANCE OF 300 FEET OR MORE
11:42:40AM IS IN THE MAIN, IMPROVED WITH RESIDENCES OR RESIDENCES AND
11:42:45AM BUILDINGS IN USE FOR BUSINESS.
11:42:47AM THERE IS NO COMPLETE DICHOTOMY OR DIVIDE CONTEMPLATED
11:42:50AM BETWEEN BUSINESS ACTIVITIES OR COMMERCIAL TRANSACTIONS,
11:42:53AM WHETHER IT'S A COMMERCIAL USE OR NOT.
11:42:55AM THAT IS JUST FALLACIOUS.
11:42:57AM I WOULD ALSO SUBMIT TO YOU THAT -- IT'S IN THE SUPPLEMENTAL
11:43:01AM MEMORANDUM THAT I PROVIDED TO YOU -- THE DESIGNATIONS IN
11:43:05AM PARTICULAR, IF YOU LOOK AT THE CONSISTENCY MATRIX I PROVIDED
11:43:08AM YOU, THAT'S SECTION 27-21.
11:43:10AM IT SPECIFICALLY SAYS A PD AND PDA IS ONE OF THE PERMITTED
11:43:14AM USES WITHIN THE R-10.
11:43:15AM THIS IS A PD.
11:43:16AM SECONDLY, IT COMPLIES WITH THE CONSISTENCY MATRIX.
11:43:19AM THE R-10 ALSO ALLOWS FOR COMMERCIAL, AS I INDICATED, AND I
11:43:24AM ALSO INDICATED THE OTHER TYPES OF USES IT PROVIDES.
11:43:26AM IT'S IMPORTANT, HOWEVER, THAT WE LOOK AT A BED-AND-BREAKFAST
11:43:30AM BECAUSE THAT'S ARGUED TO BE A VIOLATION OF A USE.
11:43:32AM IN FACT, IT IS NOT A VIOLATION.
11:43:34AM IT IS A CONSISTENT REQUIREMENT.
11:43:37AM IF YOU LOOK AT THE COMPREHENSIVE PLAN ITSELF, THE
11:43:41AM CONSISTENCY MATRIX, WHICH I DID NOT PROVIDE YOU IN THE
11:43:43AM PACKET BECAUSE I DIDN'T HAVE EXTRA COPIES OF THIS, HAS A
11:43:46AM SCHEDULE THAT TALKS ABOUT THE TYPES OF USES PERMITTED IN THE
11:43:49AM AREA.
11:43:50AM AMONG THOSE IS RO-26, CN-26 AND IF YOU LOOK AT THE
11:43:59AM BED-AND-BREAKFAST, IT'S UNDER THE RO-26 AND THE CN-26, WHICH
11:44:04AM IS THE PERMITTED USE OR POSSIBLE USE UNDER THE LAND USE
11:44:08AM DESIGNATION.
11:44:08AM IT'S NOT A PROHIBITED USE.
11:44:10AM IT IS A USE THAT'S PERMITTED.
11:44:11AM IT'S NOT A HOTEL.
11:44:14AM YOUR CODE DEFINES WHAT A HOTEL IS AND THAT'S 11 MORE UNITS.
11:44:18AM THIS IS 5.
11:44:19AM YOU HAVE A LOT OF MISCHARACTERIZATION AND MISUSE OF
11:44:22AM LANGUAGE.
11:44:22AM I KNOW, TO EFFECTUATE A PURPOSE, TRY TO DEFEAT SOMETHING.
11:44:25AM I THINK IT'S IMPORTANT THAT WE TRY TO APPLY THE LAW AS IT
11:44:29AM EXISTS.
11:44:30AM I WANTED TO PROVIDE A COUPLE MORE INFORMATION.
11:44:33AM ARGUMENTS MADE THAT THIS HAS AN ADVERSE IMPACT ON THE VALUE
11:44:37AM OF THE PROPERTY.
11:44:38AM I WOULD SUBMIT TO YOU -- I THINK THIS WILL SHOW UP THIS WAY
11:44:44AM -- THIS IS A LISTING AGREEMENT.
11:44:46AM THIS IS ACTUALLY THE HOUSE THAT PROBABLY THE CHIEF OPPONENT,
11:44:50AM IT'S JUST BEEN LISTED ON THE MARKET.
11:44:52AM IT'S IN THE BACKUP MATERIAL TO THE MEMORANDUM I PROVIDED
11:44:56AM YOU.
11:44:57AM NOTE, WE'VE BEEN TOLD THAT THIS IS GOING TO BE ABHORRENT TO
11:45:00AM THE VALUES OF THE PROPERTY.
11:45:02AM NOTICE AT THE VERY BOTTOM OF THE LISTING AGREEMENT, IT SAYS
11:45:05AM THAT LANDMARK STOVALL MANSION -- I CAN'T READ THE BOARD --
11:45:12AM WILL BE REIMAGINED BY BLAKE CASPER OF THE OXFORD EXCHANGE
11:45:17AM AND MR. CASPER, THE STOVALL WILL BE AN EXCLUSIVE
11:45:21AM MEMBERS-ONLY CLUB -- AND AFTER MEMBERS EXERCISE DISCUSSION
11:45:26AM AND DINING AND DRINKS, AMENITIES AND FIVE BEDROOM B & B FOR
11:45:31AM OUT-OF-TOWN, SO FORTH.
11:45:33AM IN ESSENCE, IT'S TOUTING THIS PROJECT AS A BASIS FOR SELLING
11:45:39AM THIS HOME.
11:45:40AM IT'S GOING TO BE AN AMENITY IN YOUR NEIGHBORHOOD.
11:45:42AM IT'S ALSO ONE OF THE PRIMARY COMPARABLES USED TO CREATE THE
11:45:46AM VALUE ASSOCIATED WITH THE LISTING.
11:45:48AM FINALLY, IF YOU LOOK AT THE ATTACHED LISTINGS IN THERE
11:45:51AM YOU'LL SEE THIS PROPERTY DID NOT GO DOWN IN PROPERTY.
11:45:53AM IT WAS ACQUIRED IN 2011 FOR 833,000.
11:45:56AM LISTED SUBSEQUENTLY IN 2016 FOR APPROXIMATELY I THINK IT WAS
11:46:00AM MILLION TWO OR MILLION 190.
11:46:02AM NOW LISTED FOR A MILLION SIX.
11:46:04AM THIS IS AFTER THE STOVALL HAPPENED.
11:46:06AM TO GET THIS INTO THE RECORD, THIS IS A SALE THAT OCCURRED
11:46:09AM AFTER THE STOVALL PROJECT CAME ABOUT, SOLD FOR ONE DAY, SOLD
11:46:12AM FOR THE ASKING PRICE AND I SUBMIT TO YOU THAT THE TESTIMONY
11:46:16AM YOU RECEIVED WITH REGARD TO THIS NOT -- BY THE WAY, THE
11:46:19AM LISTING AGREEMENT ON THE PREVIOUS DOCUMENT WAS MS. SHASTEEN.
11:46:21AM SO YOU'RE HEARING FROM PEOPLE WHO ARE TELLING YOU IT'S
11:46:25AM ADVERSELY AFFECTING THEIR VALUE AND TELLING THE PUBLIC
11:46:27AM SOMETHING ENTIRELY DIFFERENT.
11:46:29AM THAT'S FOR YOU TO DECIDE WHAT IMPACT THAT HAS ON
11:46:30AM CREDIBILITY.
11:46:34AM I SUBMIT IT'S A CONTRADICTION.
11:46:34AM THANK YOU VERY MUCH FOR YOUR TIME.
11:46:35AM >>FRANK REDDICK: THANK YOU.
11:46:36AM ALL RIGHT.
11:46:37AM AT THIS TIME, WE WILL HAVE DISCUSSION FROM COUNCIL.
11:46:42AM ANY COMMENTS FROM COUNCIL?
11:46:44AM MR. COHEN.
11:46:45AM >>HARRY COHEN: THANK YOU VERY MUCH, MR. CHAIR.
11:46:46AM I HAVE AN ENORMOUS NUMBER OF QUESTIONS.
11:46:50AM OBVIOUSLY, THE REZONING AND THE ALCOHOL ARE SEPARATE.
11:46:58AM WHEN I WAS DOING SO MY PREPARATION WORK FOR THE HEARING, I
11:47:03AM WAS ASSUMING WE WOULD HEAR THEM TOGETHER LIKE WE DID IN THE
11:47:06AM FIRST HEARING.
11:47:07AM I'M GOING TO TRY TO KEEP THEM SEPARATE THE WAY THAT THE
11:47:12AM PRESENTERS DID.
11:47:13AM I WANTED TO ASK IF MS. FEELEY COULD COME UP FROM OUR LAND
11:47:17AM DEVELOPMENT COORDINATION OFFICE.
11:47:19AM WE'RE ONLY TALKING NOW ABOUT THE REZONING, AND WE'RE NOT
11:47:25AM TALKING ABOUT THE ALCOHOL.
11:47:27AM BUT ON THE REZONING, WE HAVE A STAFF REPORT FROM YOU WHERE
11:47:31AM YOU FOUND IT CONSISTENT AND THERE WERE -- THERE'S ONE
11:47:36AM MINIMAL WAIVER RELATED TO THE HEIGHT OF A WALL THAT ALREADY
11:47:43AM EXISTS, BUT BEYOND THAT, JUST ON THE REZONING, THERE WERE NO
11:47:47AM ADDITIONALLY WAIVERS, AND THERE WERE NO OBJECTIONS FROM ANY
11:47:51AM OF THE CITY DEPARTMENTS.
11:47:52AM THERE WERE SOME ISSUES THAT WERE BROUGHT UP HERE, THOUGH,
11:47:57AM PARTICULARLY BY MR. GRANDOFF.
11:48:00AM AND ONE OF THEM HAD TO DO WITH THE ISSUE OF THE 25 FEET FROM
11:48:05AM THE RESIDENCE AND WHETHER OR NOT THAT WAS SOMEHOW
11:48:10AM DISQUALIFYING IN YOUR ANALYSIS.
11:48:12AM I WANTED TO ASK YOU ABOUT THAT BEFORE I GET INTO THE MAIN
11:48:19AM TOPIC --
11:48:20AM >>ABBYE FEELEY: GOOD MORNING.
11:48:20AM ABBYE FEELEY, LAND DEVELOPMENT COORDINATION.
11:48:23AM THE 25 FEET IS ONE OF THE SPECIAL USE CRITERIA THAT TRAVEL
11:48:30AM WITH THE PRIVATE RECREATION FACILITY.
11:48:33AM >>HARRY COHEN: YOU KNOW WHAT?
11:48:34AM I'M GOING TO GO RIGHT TO THE S-1 BECAUSE THAT IS WHAT I
11:48:39AM WANTED TO QUESTION YOU ABOUT.
11:48:39AM YOU HAVE FOUND THIS CONSISTENT AS A PD.
11:48:42AM I WANT TO ASK YOU WHETHER OR NOT IT QUALIFIES AS A SPECIAL
11:48:48AM USE 1.
11:48:49AM BECAUSE THERE'S BEEN A LOT OF DISCUSSION BACK AND FORTH
11:48:54AM TODAY ABOUT WHETHER OR NOT IT DOES, AND IT'S EXTREMELY
11:48:59AM RELEVANT TO OUR CONSIDERATION.
11:49:01AM BECAUSE IF IT QUALIFIES AS SPECIAL USE 1, IT ALSO QUALIFIES
11:49:06AM ADMINISTRATIVELY.
11:49:08AM IT DOESN'T REQUIRE COMING IN FRONT OF CITY COUNCIL.
11:49:11AM I WANT TO ASK YOU, IS IT A PRIVATE RECREATIONAL FACILITY
11:49:16AM THAT'S BEING PROPOSED?
11:49:17AM AND IF IT IS, WHY DOES IT MEET THE CRITERIA?
11:49:21AM PEOPLE HAVE WRITTEN TO ME OVER AND OVER AND OVER AGAIN
11:49:24AM ASKING HOW CAN SOMETHING LIKE THIS BE PLOPPED INTO THE
11:49:28AM MIDDLE OF A RESIDENTIAL AREA?
11:49:30AM AND I WANT YOU TO EXPLAIN HOW A SPECIAL USE 1 WORKS BECAUSE
11:49:36AM THAT'S MY UNDERSTANDING OF EXACTLY WHAT AN S-1 DOES.
11:49:39AM >>ABBYE FEELEY: OKAY.
11:49:40AM NO PROBLEM.
11:49:41AM S-1s, OR SPECIAL USE 1s, ARE CONDITIONAL USES.
11:49:48AM THE CODE ALLOWS THEM WITHIN ZONING DISTRICT.
11:49:52AM I BROUGHT THE USE TABLE FOR YOU AND I'LL TRY TO LINEARLY
11:49:56AM SHOW YOU WHEN THE APPLICATION COMES IN HOW IT WOULD BE
11:49:59AM PROCESSED.
11:50:00AM THE USE TABLE SHOWS YOU ALL THE DIFFERENT ZONING CATEGORIES
11:50:03AM ACROSS THE TOP AND THE USES THAT ARE ALLOWED.
11:50:06AM I HAVE THE RS-150 HIGHLIGHTED, MUCH LIKE I PROVIDE YOU IN
11:50:11AM ALL YOUR OTHER ZONINGS WITH THE USE TABLE IT HAS THE
11:50:15AM SUBSEQUENT CATEGORY HIGHLIGHTED.
11:50:16AM THE FIRST S-1 THAT WOULD BE ALLOWED ON THE PROPERTY WOULD BE
11:50:21AM A CEMETERY.
11:50:23AM THERE'S A SET OF CONDITIONS IN THE CODE UNDER 27-132 THAT
11:50:28AM RUN WITH EVERY SPECIAL USE, WHETHER IT IS AN S-1 AND
11:50:31AM APPROVED ADMINISTRATIVELY OR IT IS AN S-2 AND COMES BEFORE
11:50:35AM CITY COUNCIL.
11:50:36AM A TYPICAL SPECIAL USE FOR THIS COUNCIL IS A DRIVE-IN WINDOW
11:50:40AM THAT GOES WITH THE RESTAURANT.
11:50:42AM DRIVE-IN WINDOW IN A CI IS AN S-1.
11:50:45AM HAS A SET OF CRITERIA, RESTAURANT MEETS THOSE CRITERIA.
11:50:49AM IT'S APPROVED.
11:50:50AM AND C-G, S-2, SAME SET OF CRITERIA.
11:50:55AM IT COMES BEFORE YOU FOR CONSIDERATION, MEETS THOSE CRITERIA,
11:50:58AM STAFF WOULD FIND IT CONSISTENT.
11:50:59AM >>HARRY COHEN: AND JUST BY WAY OF BACKGROUND FOR PEOPLE, IT
11:51:03AM USED TO BE THAT S-1s CAME TO US, RIGHT?
11:51:06AM >>ABBYE FEELEY: NO.
11:51:06AM >>HARRY COHEN: THEY HAVE NEVER COME TO US.
11:51:10AM I THOUGHT THERE WAS A TIME LONG AGO WHEN THEY DID, BUT I
11:51:13AM KNOW THAT THEY DON'T COME TO US NOW.
11:51:17AM >>ABBYE FEELEY: BASICALLY, WHAT THE CONDITIONAL USES WITHIN
11:51:19AM THE CODE SAY WITHIN THE ZONING CATEGORIES, THESE USES MAY BE
11:51:22AM CONSIDERED EITHER ADMINISTRATIVELY OR THROUGH A PUBLIC
11:51:26AM HEARING PROCESS IF THEY SATISFY THESE CRITERIA.
11:51:31AM AND THEN THE CODE TAKES YOU TO WHAT THOSE CRITERIA ARE.
11:51:36AM IN THIS CASE -- AND LET ME BE CLEAR.
11:51:38AM WHEN YOU GO TO A PD THAT DOES NOT CIRCUMVENT ANY OF THE
11:51:42AM CRITERIA THAT GO WITH THAT USE.
11:51:44AM THOSE CRITERIA STILL COME FORWARD.
11:51:45AM IF I BRING A PD TO YOU FOR A DRIVE-THROUGH WINDOW, THOSE
11:51:48AM CRITERIA ARE STILL COMING WITH THAT.
11:51:51AM A PD DOESN'T LIFT THOSE CRITERIA AWAY OR CIRCUMVENT THEM
11:51:55AM FROM BEING APPLIED TO A PROJECT.
11:51:57AM THEY ARE STILL APPLIED.
11:52:00AM >>HARRY COHEN: LET ME ASK YOU, THE DIFFERENCE BETWEEN A PD
11:52:04AM AND A STRAIGHT S-1 APPROVAL DONE ADMINISTRATIVELY BY YOU IS
11:52:07AM THAT IN A PD COUNCIL HAS THE ABILITY TO IMPOSE CONDITIONS,
11:52:12AM WHEREAS IN AN S-1, WE DON'T, CORRECT?
11:52:14AM >>ABBYE FEELEY: CORRECT.
11:52:15AM IF AN APPLICATION DOES NOT SATISFY ONE OF THOSE CRITERIA ON
11:52:19AM ITS FACE, IT IS IMMEDIATELY DENIED.
11:52:23AM THE APPLICANT THEN HAS AN ABILITY TO APPEAL TO YOU UNDER THE
11:52:26AM S-1.
11:52:27AM YOU TYPICALLY SEE THESE, CONGREGATE LIVING FACILITIES, S-1,
11:52:32AM THEY GET SIX BEDS.
11:52:34AM THEY WANTED TO COME, SEVEN BEDS.
11:52:35AM IF THEY APPLY FOR SEVEN, YOU DON'T MEET THE SIX, YOU'RE
11:52:39AM DENIED, IT WOULD THEN COME BEFORE YOU FOR THAT APPEAL.
11:52:41AM SO THAT WOULD HAVE BEEN THE OTHER AVENUE.
11:52:43AM BUT THIS MEETS ALL OF THE CRITERIA.
11:52:48AM THE CRITERIA ARE ACTUALLY LISTED ON THE SITE PLAN.
11:52:54AM S-1 SAYS RECREATIONAL FACILITY PRIVATE IN THE RS-150 IS AN
11:53:01AM S-1.
11:53:01AM YOU GO TO 27-132, HERE ARE THE FOUR CRITERIA.
11:53:06AM THE FOUR CRITERIA ARE BROUGHT FORWARD ON THE PD PLAN.
11:53:09AM THE FIRST ONE SAYS, WHERE MEMBERSHIP IS NOT LIMITED TO
11:53:12AM RESIDENTS OF ADJACENT RESIDENTIAL AREAS, THE SITE SHALL HAVE
11:53:16AM PRIMARY ACCESS TO AN ARTERIAL OR COLLECTOR STREET AS SHOWN
11:53:19AM ON THE MAJOR STREET MAP.
11:53:20AM >>HARRY COHEN: I WANT TO STOP YOU THERE.
11:53:22AM THAT IS OBVIOUSLY -- THAT IS THE CRUCIAL REASON THAT THIS
11:53:27AM WOULD BE APPROVED AS AN S-1 IS BECAUSE IT HAS INGRESS AND
11:53:31AM EGRESS ONTO AN ARTERIAL OR COLLECTOR.
11:53:34AM SO MY QUESTION IS, ONE OF THE COMMENTS IN OPPOSITION IS THAT
11:53:41AM IS IMPERMISSIBLE BECAUSE BAYSHORE, THE ARTERIAL AND
11:53:44AM COLLECTOR IN THIS SITUATION, IS NOT A DESIGNATED TRUCK
11:53:47AM ROUTE.
11:53:52AM >>ABBYE FEELEY: THE TRUCK ROUTE DISCUSSION -- THE TRUCK
11:54:00AM ROUTE DISCUSSION, JUST BECAUSE SOMETHING IS NOT ON A
11:54:03AM DESIGNATED TRUCK ROUTE DOES NOT MAKE IT ILLEGAL FOR TRUCKS
11:54:07AM TO GO THERE.
11:54:07AM OKAY?
11:54:08AM I HAVE HAD THIS DISCUSSION WITH MELANIE CALLOWAY LEADING UP
11:54:11AM TO THIS FIVE, SIX, SEVEN, EIGHT TIMES.
11:54:14AM >>HARRY COHEN: LADIES AND GENTLEMEN, THIS IS OUR STAFF WHO
11:54:18AM PROVIDES US WITH EXPERT GUIDANCE ON THESE MATTERS.
11:54:21AM LET'S LISTEN TO WHAT --
11:54:22AM >>FRANK REDDICK: WE HAVE PROVIDED YOU A WARNING ONCE.
11:54:25AM NOW, I DON'T WANT TO HAVE TO CALL THE OFFICER IN HERE TO
11:54:28AM IDENTIFY YOU TO PUT YOU OUT.
11:54:29AM THIS IS STAFF TALKING TO THIS COUNCIL.
11:54:34AM YOU NEED TO RESPECT THAT.
11:54:35AM CONTINUE.
11:54:36AM >>ABBYE FEELEY: WHAT THAT MEANS IS THAT A TRUCK WOULD TAKE
11:54:41AM THE MOST DIRECT ROUTE TO A PROPERTY BY FOLLOWING DESIGNATED
11:54:47AM TRUCK ROUTES UNTIL THE POINT THAT IT COULD NO LONGER TRAVEL
11:54:51AM ON THAT.
11:54:51AM I VERIFIED THIS, AND IN THIS CASE, IT WOULD COME DOWN AND GO
11:54:57AM TO EUCLID, COME DOWN EUCLID TO BAYSHORE.
11:55:00AM IT WOULD COME DOWN BAYSHORE AND GO TO THE PROPERTY.
11:55:03AM IT WOULD COME OUT OF THE PROPERTY.
11:55:04AM IT WOULD GET BACK ONTO BAYSHORE.
11:55:06AM IT WOULD MAKE A U-TURN ON BAYSHORE AND GO BACK UP TO EUCLID.
11:55:17AM >>HARRY COHEN: THEN THERE ARE THE OTHER THREE CRITERIA.
11:55:19AM >>ABBYE FEELEY: THE NEXT ONE WHICH SPURRED PART OF YOUR
11:55:22AM QUESTION WAS THAT THE BUILDING SHALL BE CONSTRUCTED AND
11:55:26AM MAINTAINED TO BE COMPATIBLE WITH THE GENERAL CHARACTER OF
11:55:28AM THE SURROUNDING NEIGHBORHOOD.
11:55:29AM THE BUILDING ELEVATIONS PROVIDED ON THIS PD SITE PLAN ARE
11:55:37AM CONSISTENT ARCHITECTURALLY.
11:55:38AM THEY ARE CONSISTENT MASSING DID LOOK AT THE SURROUNDING
11:55:42AM PROPERTIES.
11:55:42AM THE PROPERTY TO THE NORTH HAS I BELIEVE A 9,000-SQUARE-FOOT
11:55:47AM HOME.
11:55:47AM THE PROPERTY TO THE SOUTH IMMEDIATELY ADJACENT HAS A
11:55:50AM 12,000-SQUARE-FOOT HOME.
11:55:51AM THIS PROPERTY, IF BUILT OUT, COULD HAVE 18,000 SQUARE FEET
11:55:55AM AS A HOME.
11:55:56AM THE CODE DOES NOT GIVE ANY FURTHER DIRECTION ON EVALUATING.
11:56:03AM IT'S A PROFESSIONAL OPINION, ON EVALUATION.
11:56:05AM IT DOES MEET SETBACKS.
11:56:07AM IT DOES SUPPLY.
11:56:10AM THAT CRITERIA WAS FOUND TO BE CONSISTENT.
11:56:18AM >>HARRY COHEN: IF THIS WERE FOUND CONSISTENT BY YOU AS S-1
11:56:21AM IT COULD BE APPROVED ADMINISTRATIVELY WITHOUT A HEARING
11:56:24AM BEFORE COUNCIL, THE REZONING, NOT THE ALCOHOL, THE REZONING.
11:56:26AM >>ABBYE FEELEY: YES.
11:56:28AM AND WHEN THEY FIRST CAME TO OUR OFFICE, I TOLD THEM THAT.
11:56:30AM >>HARRY COHEN: AND WE UNDERSTAND FROM THE EXPERT TESTIMONY
11:56:34AM THAT WE HEARD TODAY THAT THE BIG DIFFERENCE BETWEEN THE PD
11:56:37AM AND THE S-1 IS WHETHER OR NOT IT CAN LATER BE ZONED FOR
11:56:42AM ALCOHOL, CORRECT?
11:56:44AM >>ABBYE FEELEY: CORRECT.
11:56:44AM >>HARRY COHEN: CORRECT.
11:56:45AM HOWEVER, IT WAS POINTED OUT IN OUR -- IT WAS POINTED OUT
11:56:53AM CERTAINLY BY THE PETITIONER BUT ALSO POINTED OUT IN EXPERT
11:56:58AM TESTIMONY THAT WE RECEIVED FROM MS. MURPHY, THAT IN ADDITION
11:57:02AM TO THIS PLAN BEING APPROVED UNDER AN S-1, OTHER THINGS COULD
11:57:06AM BE APPROVED UNDER AN S-1 AS WELL.
11:57:10AM SPECIFICALLY, I'M TALKING ABOUT UP TO 40,000 SQUARE FEET OF
11:57:14AM PRIVATE RECREATIONAL FACILITY, IS THAT RIGHT?
11:57:19AM >>ABBYE FEELEY: I DIDN'T DO THE F.A.R. CALCULATION ON THE
11:57:23AM MAXIMUM DEVELOPMENT RIGHTS OF THE PROPERTY.
11:57:25AM >>HARRY COHEN: IT DOES HAVE MAXIMUM DEVELOPMENT RIGHTS.
11:57:28AM >>ABBYE FEELEY: ABSOLUTELY.
11:57:29AM >>HARRY COHEN: IT COULD BE SOMETHING QUITE LARGE.
11:57:32AM CERTAINLY 7, 14 THOUSAND SQUARE FOOT HOMES.
11:57:35AM >>ABBYE FEELEY: ABSOLUTELY.
11:57:37AM >>HARRY COHEN: DEFINITELY UNDER THE R-10, WHICH IS TEN
11:57:40AM RESIDENCES PER ACRE COULD BE UP TO 25 DWELLINGS UNDER THE
11:57:46AM COMPREHENSIVE PLAN, CORRECT?
11:57:49AM >>ABBYE FEELEY: I'M SORRY.
11:57:49AM COULD YOU REPEAT THAT ONE MORE TIME?
11:57:51AM >>HARRY COHEN: IN MS. MURPHY'S ANALYSIS, SHE'S SAYING THAT A
11:57:55AM REQUEST FOR 25 DWELLING UNITS COULD BE APPROVED UNDER THE
11:57:59AM FUTURE LAND USE DESIGNATION HERE.
11:58:00AM >>ABBYE FEELEY: NOT WITHOUT A REZONING.
11:58:03AM >>HARRY COHEN: BUT IT COULD BE APPROVED UNDER THE
11:58:05AM COMPREHENSIVE PLAN.
11:58:06AM >>ABBYE FEELEY: CORRECT.
11:58:06AM >>HARRY COHEN: CORRECT.
11:58:07AM OKAY.
11:58:08AM SO WHERE I'M GOING WITH THIS IS THAT THE ONLY WAY TO IMPOSE
11:58:17AM CONDITIONS ON THIS PROPERTY IS THROUGH A PD, CORRECT?
11:58:22AM I MEAN, A PD IS WHAT ALLOWS US TO GO IN SPECIFICALLY TO A
11:58:26AM UNIQUE PROPERTY AND IMPOSE CONDITIONS ON IT IN ORDER FOR IT
11:58:31AM TO BE DEVELOPED.
11:58:35AM >>ABBYE FEELEY: THE PD PROCESS DOES ALLOW YOU AS THE COUNCIL
11:58:39AM THE ABILITY TO REVIEW THIS ZONING SPECIFIC TO THIS PROPERTY
11:58:44AM AND CONSIDER ADDITIONAL CONDITIONS ABOVE STANDARD CODE FOR
11:58:49AM IMPLEMENTATION THROUGH THE ZONING PROCESS.
11:58:51AM >>HARRY COHEN: THINGS LIKE ADDITIONAL BUFFERING.
11:58:53AM THINGS LIKE PARKING REGULATIONS, THINGS LIKE ACCESS ON
11:58:57AM CERTAIN STREETS, ALL OF THOSE THINGS CAN BE DISCUSSED BY US,
11:59:01AM CORRECT?
11:59:01AM >>ABBYE FEELEY: CORRECT.
11:59:03AM >>HARRY COHEN: NOW, BECAUSE WE'RE NOT GOING TO GET INTO THE
11:59:05AM ALCOHOL DISCUSSION NOW, I'M GOING TO PUT OFF THE DISCUSSION
11:59:14AM OF WHY NOT GO FOR S-1 OR PD OTHER THAN TO SAY THAT UNDER AN
11:59:20AM S-1, THERE IS -- I'M GOING TO REFER TO IT AS A LOOPHOLE, BUT
11:59:24AM I WOULD CALL IT THE CATERING EXCEPTION FOR SERVING ALCOHOL,
11:59:30AM CORRECT?
11:59:30AM >>ABBYE FEELEY: I WILL LET THE LEGAL DEPARTMENT.
11:59:32AM >>HARRY COHEN: MAYBE MS. KERT COULD ANSWER THAT.
11:59:38AM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
11:59:41AM >>HARRY COHEN: OKAY.
11:59:41AM SO THE DIFFERENCE BETWEEN THE PD AND THE SPECIAL USE 1 IS
11:59:46AM THAT THE PD WOULD ALLOW US TO CONSIDER THE ALCOHOL ZONING,
11:59:50AM IF APPROVED.
11:59:51AM ON AN S-1, WE CAN'T -- WE WOULDN'T BE ABLE TO CONSIDER THE
11:59:55AM ALCOHOL ZONING IF APPROVED, CORRECT?
11:59:57AM >>REBECCA KERT: CORRECT.
11:59:58AM >>HARRY COHEN: BUT, THERE IS A WAY FOR THE PROPERTY UNDER
12:00:02PM THAT DESIGNATION TO SERVE ALCOHOL, CORRECT?
12:00:04PM >>REBECCA KERT: CORRECT.
12:00:05PM THE CITY OF TAMPA, FROM A LAND USE PERSPECTIVE, REGULATES
12:00:09PM THE SALE OF ALCOHOLIC BEVERAGES.
12:00:12PM IT DOESN'T REGULATE THE SERVICE.
12:00:14PM THAT IS WHY YOU CAN SERVE ALCOHOL TO FRIENDS IN YOUR HOUSE
12:00:19PM WITHOUT GETTING AN ADDITIONAL LAND USE PERMIT FROM THE CITY.
12:00:22PM FROM THE CITY'S PERSPECTIVE, THERE IS NOT A SALE INVOLVED,
12:00:27PM WE DON'T GET INVOLVED WITH THE SERVICE.
12:00:29PM I THINK THE EXAMPLE YOU USED IS A CATERER.
12:00:31PM PEOPLE HAVE LARGE PARTIES AT EVENTS WHERE THEY SERVE ALCOHOL
12:00:34PM WITH A CATERER ALL THE TIME.
12:00:36PM I DON'T KNOW HOW THE STATE IS GOING TO HANDLE THAT BUT FROM
12:00:39PM THE CITY'S PERSPECTIVE, WE WOULD NOT REGULATE THAT AS A
12:00:41PM SALE.
12:00:42PM >>HARRY COHEN: ARE THERE USES ON BAYSHORE BOULEVARD THAT
12:00:44PM SERVE ALCOHOL THAT WAY?
12:00:46PM >>REBECCA KERT: I AM NOT SPECIFICALLY AWARE OF THAT.
12:00:49PM >>HARRY COHEN: MAYBE MS. FEELEY CAN ANSWER THAT.
12:00:52PM ARE THERE VENUES ON BAYSHORE THAT SERVE ALCOHOL THROUGH THAT
12:01:01PM TYPE OF A CATERING EXCEPTION?
12:01:03PM >>ABBYE FEELEY: I BELIEVE THAT THERE ARE.
12:01:06PM I MEAN, THERE ARE TYPICALLY WEDDINGS HELD AT THE GARDEN
12:01:09PM CLUB.
12:01:09PM THERE ARE TYPICALLY WEDDINGS HELD AT THE WOMEN'S CLUB ON A
12:01:12PM SATURDAY AFTERNOON.
12:01:15PM YOU COULD HAVE AN ALCOHOLIC BEVERAGE THERE, AND THEY ARE
12:01:18PM RESIDENTIAL PROPERTIES.
12:01:19PM AND THEY ARE NOT WET ZONED.
12:01:24PM >>HARRY COHEN: SO MY POINT --
12:01:25PM >>FRANK REDDICK: HOLD ON ONE SECOND.
12:01:27PM LET ME INTERRUPT YOU FOR A SECOND.
12:01:29PM IT'S 12:00 NOW.
12:01:31PM AND I NEED TO -- WE'VE GOT TO HAVE THE SECOND HEARING TO
12:01:36PM THIS AS WELL.
12:01:37PM WE NEED EITHER TO EXTEND THE TIME OR BREAK AND COME BACK AND
12:01:47PM DO THE SECOND HEARING.
12:01:50PM IT'S UP TO COUNCIL, BUT IT'S 12:01 NOW.
12:01:57PM >>YVONNE CAPIN: MOVE WE EXTEND TO 12:30 AND THEN BREAK.
12:02:00PM >> SECOND.
12:02:00PM >>FRANK REDDICK: WE'LL GO TO 12:30.
12:02:02PM WE SHOULD BE ABLE TO WRAP UP NUMBER 52 AND THEN GO TO BREAK
12:02:07PM AND COME BACK FOR THE SECOND.
12:02:10PM BECAUSE IT'S GOING TO TAKE A LITTLE WHILE.
12:02:15PM >> WHEN WERE YOU PLANNING ON COMING BACK?
12:02:18PM >>FRANK REDDICK: PROBABLY 1:30.
12:02:33PM >>YVONNE CAPIN: 2 IS BETTER.
12:02:34PM YES, SIR.
12:02:34PM THANK YOU.
12:02:35PM >>FRANK REDDICK: WHEN WE GET TO 12:30, WE'LL DISCUSS THAT
12:02:38PM PART.
12:02:38PM MOTION FROM MS. CAPIN, SECONDED BY MANISCALCO TO EXTEND TO
12:02:51PM 12:30.
12:02:52PM ALL IN FAVOR OF THE MOTION SAY AYE.
12:02:53PM ALL RIGHT.
12:02:57PM >>HARRY COHEN: THE POINT I'M MAKING WITH THIS IS THAT THE
12:03:00PM ADVANTAGE OF A PD OVER AN S-1 IS THAT THE PD ALLOWS US TO
12:03:06PM SET -- TO SET CONDITIONS WITH THE APPLICANT IN ORDER TO
12:03:11PM AMELIORATE SOME OF THE CONCERNS THAT HAVE BEEN EXPRESSED BY
12:03:15PM THE NEIGHBORHOOD.
12:03:16PM UNDER AN S-1 WITH THE ADMINISTRATIVE APPROVAL, WHICH WOULD
12:03:20PM STILL HAVE THE ABILITY TO SERVE ALCOHOL, WE DON'T HAVE THE
12:03:25PM ABILITY TO IMPOSE ANY CONDITIONS.
12:03:30PM >>ABBYE FEELEY: THAT IS CORRECT.
12:03:32PM >>HARRY COHEN: THAT BEING THE CASE, I DO WANT TO TALK ABOUT
12:03:36PM SOME OF THE CONDITIONS DISCUSSED TODAY BECAUSE THERE HAVE
12:03:38PM BEEN A LOT OF QUESTIONS RAISED ABOUT PARKING, ABOUT TRAFFIC,
12:03:41PM ABOUT THE WAY IN WHICH THIS BUILDING IS GOING TO BE
12:03:43PM SERVICED, AND MAYBE THE APPLICANT CAN HELP US BY SHEDDING
12:03:47PM SOME LIGHT ON SOME OF THIS.
12:03:49PM THE FIRST QUESTION RELATES TO THE PARKING.
12:03:54PM I READ THE REPORT TO READ THAT IT'S GOING TO BE VALET
12:04:00PM PARKING ALL THE TIME FOR BESTS AND MEMBERS OF THIS CLUB.
12:04:07PM IS THAT CORRECT?
12:04:09PM CAN I ASK THE APPLICANT THAT?
12:04:16PM >> THAT IS 100% CORRECT.
12:04:21PM >>HARRY COHEN: YOU HAVE 80 SPACES AND YOU'VE MADE A
12:04:24PM COMMITMENT TO THE NEIGHBORHOOD THAT YOU'RE NOT GOING TO PARK
12:04:27PM VEHICLES ON THE SIDE STREETS.
12:04:29PM WHAT IS GOING TO HAPPEN TO THEM IF THERE IS AN OVERFLOW OF
12:04:33PM GUESTS COMING TO THE FACILITY.
12:04:36PM >> WE HAD TWO THINGS.
12:04:37PM WE HAVE THE CONDITIONS THAT MADE IT TO THE SITE PLAN.
12:04:40PM THERE WERE ALSO CONDITIONS WHICH I BELIEVE I MENTIONED AT
12:04:42PM THE LAST HEARING THAT WERE AGREED UPON BY THE NEIGHBORHOOD
12:04:45PM COMMITTEE.
12:04:46PM AND WHAT THOSE INDICATED, MR. CASPER HAS THE ADVANTAGE HERE
12:04:51PM OF THIS CLUB WILL HAVE RULES AND THE MEMBERS WILL HAVE TO
12:04:54PM LIVE BY THE RULES.
12:04:55PM SO WHAT THE CITY WAS UNCOMFORTABLE WITH WAS A CONDITION THAT
12:04:58PM WE AGREED TO WITH THE COMMITTEE THAT THE MEMBERS OR THEIR
12:05:02PM GUESTS WOULD NOT BE ALLOWED TO PARK ON ANY OF THE OTHER
12:05:06PM STREETS.
12:05:07PM ONE VALET ONLY, TWO NOT ABLE TO DO THAT.
12:05:10PM THE ISSUE RAISED, RIGHTFULLY SO, HOW IN THE WORLD ARE YOU
12:05:13PM GOING TO ENFORCE THAT?
12:05:15PM WHAT WE CAME UP WITH, WHICH WILL BE A RULE OF THE CLUB, IS
12:05:18PM EVERY MEMBER OTHERWISE GUEST WILL HAVE TO PRESENT THEIR
12:05:22PM LICENSE TAG.
12:05:23PM THERE WILL BE CAMERAS AT ALL POINTS, AND IF SOMEBODY MAKES
12:05:27PM THE MOVE AND TURNS DOWN ONE OF THE LOCAL STREETS OR PARKS ON
12:05:35PM ONE OF THE LOCAL STREETS, THEY'LL HAVE ONE WARNING AND THEN
12:05:38PM SUBSEQUENTLY THEY WOULD BE EXPELLED BY THE CLUB IF THEY
12:05:40PM CONTINUE TO DO SO.
12:05:41PM >>HARRY COHEN: I UNDERSTAND THAT.
12:05:42PM MY QUESTION ACTUALLY WAS, WHERE WOULD OVERFLOW PARKING GO?
12:05:47PM WHERE WOULD THE VALETS TAKE CARS IF THERE'S NO LONGER 80
12:05:50PM SPACES LEFT.
12:05:52PM >> TRUETT GARDNER: YOU'LL RECALL ALSO, AND THIS IS ON, IT
12:05:56PM IS A CONDITION THAT MADE ITS WAY TO BOTH THE ZONING SITE
12:06:00PM PLAN AS WELL AS THE SPECIAL USE SITE PLAN, BECAUSE THERE WAS
12:06:05PM A LARGE ISSUE WITHIN THE NEIGHBORHOOD AS WELL AS ON THE
12:06:07PM COMMITTEE OF OUTDOOR EVENTS CREATING NOISE AND IN PARTICULAR
12:06:11PM CREATING ADDITIONAL TRAFFIC.
12:06:13PM WHAT WE DID THERE IS IT'S NOTE 15 ON THE SITE PLAN, NO
12:06:18PM OUTDOOR AMPLIFIED SOUND SHALL BE PERMITTED EXCEPT NO MORE
12:06:22PM THAN FOUR DAYS PER YEAR.
12:06:24PM ONE, THAT'S TO REGULATE THE NOISE.
12:06:26PM TWO, THAT'S TO LIMIT THE TAXATION THAT COULD OCCUR ON THE
12:06:31PM NEIGHBORHOOD WITH THE ADDITIONAL PARKING.
12:06:33PM IN THE EVENT OF THOSE FOUR OCCASIONS, WHAT WILL BE INCUMBENT
12:06:36PM UPON US IS TO FIND ALTERNATE PARKING IN ORDER TO ALLOW FOR
12:06:41PM ONE VALET -- TO ALLOW FOR VALET ONLY AND THEN HOW THE PEOPLE
12:06:46PM GET IN AND OUT OF THE PROPERTY.
12:06:48PM AND TO UNDERSCORE THAT, THE WAY THAT PARKING IS DETERMINED,
12:06:51PM WHICH IS BOTH IN THE CODE AS WELL AS TRANSPORTATION'S
12:06:54PM PROCEDURAL MANUAL, IS STRICTLY ON THE USE.
12:06:57PM SO WE MEET THAT.
12:06:58PM BUT IT'S JUST LIKE IF YOU HAD A HOUSE THAT'S REQUIRED TO
12:07:02PM HAVE TWO PARKING SPACES THAT DOESN'T PREVENT YOU FROM HAVING
12:07:04PM A PARTY, BUT IF YOU'RE A GOOD NEIGHBOR, WHICH MR. CASPER
12:07:08PM WANTS TO BE, AND YOU'RE GOING TO HAVE A PARTY, YOU'RE GOING
12:07:10PM TO MAKE ACCOMMODATIONS FOR THAT AND THAT'S WHAT WE TRY TO
12:07:12PM DRIVE OUT WITH THIS CONDITION AND THAT'S WHEEL DO GOING
12:07:18PM FORWARD -- THAT'S WHAT WE'LL DO GOING FORWARD.
12:07:20PM >>HARRY COHEN: ARE YOU SAYING ONLY FOUR TIMES A YEAR IT'S
12:07:22PM GOING TO OVERFLOW THE PARKING AND ON THE OTHER HAND IT WILL
12:07:25PM NEVER OVERFLOW THE PARKING?
12:07:27PM >>Truett Gardner: CORRECT.
12:07:28PM >>HARRY COHEN: THAT'S WHAT YOU'RE WARRANTING TO US HERE ON
12:07:30PM THE RECORD.
12:07:31PM >>Truett Gardner: YES.
12:07:33PM >>HARRY COHEN: YOU ALSO MADE A COMMITMENT ABOUT LIMITED
12:07:37PM DELIVERY BY USING BOX TRUCKS AND VANS SO AS TO NOT USE BIG
12:07:43PM TRUCKS.
12:07:44PM CAN YOU ELABORATE ON THAT A LITTLE BIT AND HOW THAT'S GOING
12:07:47PM TO WORK?
12:07:48PM >>Truett Gardner: YES.
12:07:49PM EXCELLENT QUESTION, AND THERE ARE TWO COMPONENTS TO THAT.
12:07:51PM MR. CASPER, AS EVERYBODY KNOWS, OWNS A LARGE AMOUNT OF
12:07:56PM McDONALD'S.
12:07:57PM WITH THAT, HE HAS A COLD STORAGE FACILITY.
12:08:00PM WHAT WE HAVE AGREED TO IS THAT ALL DRY DELIVERIES, AND IF I
12:08:04PM COULD, I'VE GOT A PICTURE OF IT.
12:08:09PM THIS IS A SPRINTER VAN.
12:08:31PM WHAT WILL HAPPEN IS ALL DRY GOODS WILL GO TO THEIR FACILITY.
12:08:35PM THOSE GOODS WILL BE UNLOADED, AND THEN PUT IN THESE SPRINTER
12:08:39PM VANS TO BE DELIVERED TO THE PROPERTY.
12:08:42PM SECONDLY, WITH RESPECT TO COLD STORAGE, THIS IS THE VEHICLE
12:08:52PM THAT WILL BE USED.
12:08:53PM AGAIN, ALL DELIVERIES TO THEIR FACILITY OFF-LOADED AND THEN
12:09:00PM ON-LOADED TO THIS TO BE DELIVERED TO THE FACILITY.
12:09:03PM BOTH OF THOSE TRUCKS THAT I JUST SHOWED YOU ARE UNDER
12:09:07PM 10,000 POUNDS.
12:09:08PM THEREFORE, THEY ARE NOT REGULATED TRUCKS.
12:09:10PM THE WHOLE TRUCK ROUTE ARGUMENT GOES AWAY.
12:09:12PM THOSE TRUCKS WILL BE SPECIFICALLY INSTRUCTED NOT TO TRAVEL
12:09:17PM DOWN THE LOCAL STREETS.
12:09:19PM THEY ARE FREE TO USE BAYSHORE AT WILL AND THAT'S WHAT OUR
12:09:23PM CONDITION STATES AND THAT'S WHAT THEY WILL DO.
12:09:26PM YOU MIGHT SAY, YOU KNOW WHAT?
12:09:28PM THIS IS GREAT.
12:09:29PM MR. CASPER CAN DO THAT BECAUSE HE HAS THE FACILITY.
12:09:32PM WHAT HAPPENS, MR. CASPER ISN'T IMMORTAL.
12:09:35PM WHAT HAPPENS IF THERE IS A SUBSEQUENT OWNER AND THEY CAN'T
12:09:38PM DO THAT?
12:09:38PM THAT IS THE OTHER PROVISION WE HAVE ON THE SITE PLAN, WHICH
12:09:40PM SAYS, ONE, WE CAN'T USE ANYTHING OTHER, SO THERE IS A GAP
12:09:44PM BETWEEN AN UNREGULATED TRUCK AND A SEMI-TRAILER, NONE OF
12:09:49PM THOSE ARE ALLOWED AT ALL.
12:09:51PM THEN WE WENT ONE STEP FURTHER.
12:09:53PM THERE WAS A LOT OF TALK ON THE TRUCK ROUTE YESTERDAY.
12:09:56PM AND MR. GRANDOFF THE LAST TIME WAS BASICALLY SAYING IT'S
12:09:59PM INCUMBENT ON US AND FORCES US TO DRIVE THROUGH THE LOCAL
12:10:03PM STREETS.
12:10:03PM THAT IS A MISREADING OF THE ORDINANCE.
12:10:05PM WE WORKED WITH LEGAL AS WELL AS TRANSPORTATION, AND WE
12:10:09PM ACTUALLY NOW HAVE A DEDICATED TRUCK ROUTE.
12:10:12PM AGAIN, THAT ONLY APPLIES IN THE EVENT WE CAN'T DO THIS
12:10:15PM ANYMORE.
12:10:16PM WE WENT ONE STEP FURTHER AND DID THAT.
12:10:18PM THAT TRUCK ROUTE, AS MR. FEELEY ELABORATED, YOU WOULD GO
12:10:21PM EUCLID TO BAYSHORE TO MINIMIZE THE DISTANCE TRAVELED ON
12:10:26PM BAYSHORE.
12:10:26PM SOUTH ON BAYSHORE TO THE PROPERTY, TAKE A RIGHT INTO THE
12:10:29PM PROPERTY, UNLOAD THE GOODS, LEAVE.
12:10:31PM YOU'D HAVE TO TURN AROUND AT THE MEDIAN AT BAYSHORE AND
12:10:35PM BAYSHORE COURT, HEAD BACK SOUTH, RETRACE YOUR STEPS TO
12:10:38PM EUCLID AND OUT.
12:10:40PM SO THERE IS ABSOLUTELY NO TRUCK TRAFFIC THAT WILL BE ON
12:10:45PM THESE LOCAL STREETS WITH THE EXCEPTION OF -- TO BE TOTALLY
12:10:49PM CANDID, SOLID WASTE, EMERGENCY SERVICES WHICH WE CAN'T
12:10:52PM CONTROL, UPS AND FEDEX, WHICH, AGAIN, WE CAN'T CONTROL.
12:10:56PM >>HARRY COHEN: ONE OF THE SPEAKERS ASKED ABOUT THE FOUR DAYS
12:10:58PM A YEAR WHEN BAYSHORE IS CLOSED.
12:11:00PM I SUPPOSE YOU'RE GOING TO HAVE TO -- IF THIS IS APPROVED
12:11:05PM YOU'D HAVE TO COME UP WITH A PLAN TO SUPPLY THE FACILITY
12:11:08PM WITHOUT GOING ON THOSE DAYS.
12:11:11PM I WANT TO ASK YOU ALSO ABOUT THE LANDSCAPING AND BUFFERING
12:11:14PM BECAUSE -- I'VE GOTTEN -- WE'VE ALL GOTTEN A TON OF MAIL AND
12:11:21PM A TON OF QUESTIONS ABOUT THIS.
12:11:23PM AND ONE OF THE MOST SIGNIFICANT AND ONE OF THE BIGGEST
12:11:27PM CONCERNS HAS TO DO WITH SURROUNDING NEIGHBORS AND WHAT IT IS
12:11:30PM THEY ARE GOING TO HEAR AND SEE.
12:11:32PM I WONDER IF YOU COULD TALK A LITTLE BIT ABOUT YOUR
12:11:36PM LANDSCAPING AND BUFFERING PLAN AND HOW IT SPECIFICALLY
12:11:43PM RELATES TO THE CITY CODE IN TERMS OF BUFFERING.
12:11:49PM AND ALSO, YOU KNOW, I THINK THAT THERE WERE SOME MENTION OF
12:11:54PM SOME ISSUES WITH FLOODING RELATED TO THE IMPERVIOUS SURFACE
12:12:00PM THAT IS GOING TO EXIST ON THIS PROPERTY.
12:12:02PM I THINK IT'S IMPORTANT TO LOOK AT THE NATURAL RESOURCE
12:12:06PM CONSEQUENCES OF THE PLAN.
12:12:10PM >>Truett Gardner: SURE, MR. COHEN, A COUPLE OF THINGS THERE.
12:12:13PM I BROUGHT UP OUR ARCHITECT, BRAD COOK, AS WELL AS OUR CIVIL
12:12:17PM ENGINEER.
12:12:17PM AT THE LAST HEARING, WE ACTUALLY HAD THE LANDSCAPE ARCHITECT
12:12:20PM IN ATTENDANCE.
12:12:21PM WORLD-CLASS LANDSCAPE ARCHITECT.
12:12:23PM THIS IS THE PLAN THAT HE HAS COME UP WITH.
12:12:27PM YOU CAN SEE THERE IS ABSOLUTELY AN ABUNDANCE OF BUFFERING.
12:12:34PM THAT WAS, ONE, SOMETHING THAT WE WANTED TO IMPOSE ON
12:12:36PM OURSELVES BUT, TWO, IN WORKING WITH ALL THE NEIGHBORS,
12:12:39PM SOMETHING THEY WANTED AND WE AGREED TO.
12:12:41PM SO THAT IS THE PLAN.
12:12:44PM >>HARRY COHEN: WELL, SINCE YOUR EXPERT ISN'T AVAILABLE,
12:12:47PM MAYBE MS. FEELEY CAN ANSWER --
12:12:50PM >>Truett Gardner: ON THE TECHNICAL ISSUES, ON THE STORMWATER
12:12:52PM THAT YOU MENTIONED, WE ARE VASTLY EXCEEDING CODE.
12:12:59PM IF YOU WANT SOME OF THE EXACT FACTS ON THAT, EITHER BRAD
12:13:02PM COOK OR DAVID CAN ANSWER.
12:13:04PM >>HARRY COHEN: WHY DON'T I ASK MS. FEELEY ABOUT THAT SINCE
12:13:06PM SHE'S HERE AND SHE CAN GIVE ME A STAFF RECOMMENDATION.
12:13:13PM HOW DOES THE BUFFERING THAT IS BEING PROPOSED HERE COMPARE
12:13:16PM TO WHAT'S IN THE CITY CODE?
12:13:18PM AND HOW EFFECTIVE IS IT GOING TO BE IN BUFFERING THIS
12:13:21PM PROPERTY FROM THE NEIGHBORHOOD?
12:13:28PM >>ABBYE FEELEY: I WANT TO SHARE WITH YOU SOME OF THE
12:13:29PM PICTURES WE ORIGINALLY LOOKED AT AT THE FIRST HEARING.
12:13:34PM BECAUSE AS YOU DISCUSSED PRIOR ON A PD, WE SHOW THE TREES,
12:13:38PM THE TREES THAT ARE GOING TO REMAIN, THE TREES THAT ARE GOING
12:13:41PM TO BE REMOVED.
12:13:42PM WE SHOW THE TREE TABLE AND DO AN ASSESSMENT OF WHETHER OR
12:13:45PM NOT IT IS MEETING THE 50% TREES TO BE REQUIRED.
12:13:50PM A LOT OF TIMES YOU SEE WAIVERS COME BEFORE YOU FOR A TREE
12:13:53PM REMOVAL.
12:13:53PM THERE'S NO WAIVER HERE.
12:13:55PM ALL OF THE TREES ARE BEING SHOWN PREDOMINANTLY TO REMAIN.
12:14:00PM ON THE BACK SIDE, WHERE YOU COME AROUND TO COACHMAN, THAT IS
12:14:12PM THE EXISTING BUFFERING AND WALL.
12:14:14PM THE ONE WAIVER THAT THIS APPLICATION DOES HAVE IS FOR THAT
12:14:19PM WALL.
12:14:19PM AND I TALKED A LITTLE BIT ABOUT IT AT THE FIRST HEARING,
12:14:23PM THAT THE WALL, AS CONSTRUCTED A LONG TIME AGO HAS POINTS
12:14:30PM THAT EXCEED THE ALLOWABLE HEIGHT OF SIX FEET.
12:14:34PM THEY ARE ASKING FOR THAT TO REMAIN.
12:14:36PM THIS IS FROM BAYSHORE.
12:14:41PM ALL THIS IS SHOWN TO REMAIN.
12:14:44PM THIS WILL NOT BE REMOVED.
12:14:46PM THIS BUFFER THAT'S CURRENTLY DOWN COACHMAN WILL REMAIN.
12:14:53PM IT'S SHOWN ON THE SITE PLAN TO REMAIN.
12:14:55PM CODE REQUIRES ADJACENT TO RESIDENTIAL 15 FEET AND A SIX-FOOT
12:15:00PM CONCRETE MASONRY WALL.
12:15:02PM ON THE SOUTH SIDE, THIS PROPERTY HAS THAT.
12:15:06PM NOW AS A CONDITION OF THE SPECIAL USE, IT REQUIRES THAT NO
12:15:08PM PARKING OR LOADING OR MECHANICAL BE PLACED WITHIN 25 FEET.
12:15:12PM SO IT HAS THE 15 FEET PLUS THE WALL, PLUS AN ADDITIONAL
12:15:16PM 10 FEET ON THE SOUTH SIDE PER THE SPECIAL USE CRITERIA FOR
12:15:21PM PARKING, LOADING, AND ANY MECHANICAL.
12:15:23PM SO THAT IS APPLICABLE ON THE SOUTH AND THE WEST, AND IT IS
12:15:28PM BEING SATISFIED.
12:15:35PM I HAD AN 11 BY 17 TO SHOW YOU A LITTLE BETTER.
12:15:41PM SO THIS IS THAT SOUTH PROPERTY WHERE IT WOULD BE THE 15-FOOT
12:15:53PM WITH THE WALL.
12:15:54PM THE 15-FOOT WITH THE WALL PLUS GOING TO THE 25-FOOT PER THE
12:15:59PM SPECIAL USE.
12:16:02PM IT SHOWS THE WALL THAT IS GOING TO BE LOCATED THERE, AND
12:16:06PM THEN THE WALL WRAPS AROUND ONTO BAYSHORE.
12:16:10PM THE LANDSCAPE PLAN, THIS IS UP ON THE COACHMAN SITE, SHOWS
12:16:28PM YOU ALL OF THE TREES AND BUFFERING THAT IS SCHEDULED TO
12:16:32PM REMAIN.
12:16:33PM ON THE SOUTH SIDE, IT SHOWS YOU THE TREES AND BUFFERING THAT
12:16:37PM IS EXISTING, THAT IS SCHEDULED TO REMAIN.
12:16:39PM THE TREE REMOVAL THAT IS SCHEDULED IS MORE INTERIOR TO THE
12:16:46PM PROPERTY, BUT IT'S STILL SHOWN FOR PRESERVATION, THE
12:16:52PM CYPRESS.
12:16:53PM PER SOME DISCUSSION AMONG STAFF, ESPECIALLY WITH KATHY BECK
12:16:57PM IN THE NATURAL RESOURCES SECTION, THIS SITE IS REALLY A
12:17:01PM BOTANICAL GARDEN SITE.
12:17:02PM AND EVERYTHING SHOWN ON THIS TREE PRESERVATION PLAN IS
12:17:05PM MAINTAINING THAT BOTANICAL GARDEN, WHICH IS CURRENTLY
12:17:09PM PRESENT ON THE PROPERTY.
12:17:11PM >>HARRY COHEN: AND THERE ARE SOME OTHER --
12:17:13PM >>FRANK REDDICK: LET ME INTERRUPT YOU AGAIN.
12:17:15PM HOW MANY MORE QUESTIONS DO YOU HAVE IN.
12:17:16PM >>HARRY COHEN: JUST A FEW.
12:17:18PM I APOLOGIZE.
12:17:19PM >>FRANK REDDICK: OTHER PEOPLE, 12, 16 MINUTES.
12:17:23PM >>HARRY COHEN: ALSO A CONDITION HERE FOR NO AMPLIFIED MUSIC
12:17:26PM EXCEPT FOR THE FOUR DAYS A YEAR.
12:17:28PM THIS IS THE REASON THAT I BRING THIS UP AND FOCUS ON FOR THE
12:17:34PM MOMENT.
12:17:34PM IF THIS IS APPROVED AS AN S-1, IF THIS IS APPROVED AS A
12:17:39PM SPECIAL USE 1 THROUGH AN ADMINISTRATIVE PROCESS THAT DOES
12:17:44PM NOT COME IN FRONT OF CITY COUNCIL, ALL OF THE ITEMS THAT WE
12:17:47PM JUST DISCUSSED, ALL OF THE MITIGATION THAT WE'RE TALKING
12:17:52PM ABOUT, IT'S NO LONGER A PART OF THE PLAN ANYMORE.
12:17:57PM I'M SIMPLY TRYING TO POINT OUT THAT THERE IS A DANGER IN NOT
12:18:06PM GOING ALONG THE PD ROUTE BECAUSE WE LOSE CONTROL OF THE
12:18:10PM DETAILS OF WHAT COULD OR COULD NOT GO HERE.
12:18:12PM I WANT TO HEAR WHAT EVERYONE ELSE HAS TO SAY.
12:18:16PM >>FRANK REDDICK: ALL RIGHT.
12:18:17PM MR. SUAREZ.
12:18:18PM >>MIKE SUAREZ: THANK YOU.
12:18:19PM I APPRECIATE IT.
12:18:19PM I HAVE A QUESTION FOR MR. HEY.
12:18:22PM SOMETHING WAS BROUGHT UP DURING THE PUBLIC'S PORTION OF THIS
12:18:29PM CONCERNING YOUR REPORT.
12:18:31PM I ASSUME YOU WROTE IT, BECAUSE THAT'S WHY YOU'RE HERE,
12:18:34PM CORRECT?
12:18:35PM >>DAVID HEY: WE ALL TAKE A COLLABORATIVE APPROACH IN WRITING
12:18:38PM IT.
12:18:40PM >>MIKE SUAREZ: I WASN'T GOING TO SAY ANYTHING NECESSARILY
12:18:42PM NEGATIVE ABOUT IT BUT NOW THAT YOU SAY THAT, I KNOW YOU ALL
12:18:45PM DISCUSS THESE THINGS AND KIND OF PUT AN IDEA ON HOW
12:18:48PM EVERYTHING FITS WITHIN THE LAND USE PLAN.
12:18:50PM AND WE'VE HAD THIS DISCUSSION BEFORE, YOU AND I, PUBLICLY
12:18:55PM ABOUT CERTAIN THINGS CONCERNING WHAT IT MEANS TO HAVE A
12:18:59PM COMPREHENSIVE PLAN, THAT IT IS OUR PLAN, MEANING THE
12:19:02PM COUNCIL'S PLAN.
12:19:02PM WE WORK IN CONJUNCTION WITH THE PLANNING COMMISSION TO MAKE
12:19:06PM SURE IT MEETS CERTAIN CRITERIA NEEDS, BOTH COUNTY, STATE, SO
12:19:10PM ON --
12:19:11PM >>DAVID HEY: CORRECT.
12:19:12PM >>MIKE SUAREZ: -- FEDERAL LAWS.
12:19:13PM AND IN ADDITION, IT IS OUR LAND USE PLAN, MEANING THAT --
12:19:17PM MEANING THAT WE DO HAVE A WRITTEN DOCUMENT, BUT WE CAN --
12:19:21PM AND I KNOW THAT MR. SMITH HAD MENTIONED AND I THINK SOME
12:19:24PM OTHER FOLKS HAD MENTIONED THAT WE HAVE EXPERTS.
12:19:27PM SOMETIMES WE GO AWAY FROM WHAT THE EXPERTS SAY AND THAT'S
12:19:31PM OKAY BECAUSE IT'S STILL OUR PLAN, IS THAT CORRECT?
12:19:33PM >>DAVID HEY: YES.
12:19:34PM DAVID HEY, PLANNING COMMISSION STAFF.
12:19:35PM OUR STAFF IS HERE, YOU ARE OUR CLIENT GOVERNMENT, SO WE
12:19:43PM SERVE FOR YOU, AND WE ARE HERE TO MAKE RECOMMENDATIONS OF
12:19:47PM WHAT PROFESSIONALLY THE STAFF BELIEVES IS THE RIGHT APPROACH
12:19:51PM BUT YOU ARE AS CITY COUNCIL THE FINAL DETERMINER.
12:19:54PM >>MIKE SUAREZ: WE ARE THE ARBITER OF WHAT IT IS THAT THE
12:19:56PM LAND USE PLAN IS.
12:19:57PM I HAVE A QUESTION FOR YOU.
12:19:59PM ON PAGE 4 OF YOUR PROPER, AND IT WAS BROUGHT UP THE LAST
12:20:04PM PARAGRAPH, WHICH STARTS WITH, THOUGH THE OVERALL USE IS
12:20:08PM CONSISTENT WITH POLICY DIRECTION CONTAINED WITHIN THE
12:20:10PM COMPREHENSIVE PLAN, THE POTENTIAL EXISTS FOR POSSIBLE
12:20:12PM IMPACTS TO ADJACENT RESIDENTIAL USES DURING ANY PROPOSED
12:20:15PM SPECIAL EVENTS HELD AT THE PRIVATE RESIDENTIAL -- EXCUSE ME,
12:20:18PM RECREATIONAL FACILITY SUCH AS LARGE WEDDING OR DURING
12:20:21PM GASPARILLA.
12:20:22PM NOW, YOU PUT THAT IN THERE BECAUSE YOU'RE TRYING TO PUT
12:20:25PM REAL-WORLD CONDITIONS OR SUGGESTIONS ON WHAT IS ESSENTIALLY
12:20:31PM AN ESOTERIC KIND OF LOOK AT WHAT LAND USE IS, IS THAT
12:20:34PM CORRECT?
12:20:35PM >>DAVID HEY: CORRECT.
12:20:37PM >>MIKE SUAREZ: I'M NOT PUTTING WORDS IN YOUR MOUTH, BUT YOU
12:20:39PM WERE LOOKING AT, WHILE THERE WILL BE ISSUES WITH THIS
12:20:44PM PARTICULAR PROJECT, NOT THAT IT'S INCONSISTENT BECAUSE YOU
12:20:46PM DID FIND IT CONSISTENT, NOT THAT IT'S INCONSISTENT WITH OUR
12:20:49PM LAND USE PLAN, BUT THAT THERE ARE -- EXCUSE ME, THERE ARE
12:20:52PM SOME ISSUES THAT HAVE TO BE WORKED OUT PROBABLY, ESPECIALLY
12:20:55PM DURING LARGER EVENTS, IS THAT CORRECT?
12:20:58PM >>DAVID HEY: CORRECT.
12:20:58PM SIMILAR TO ANY OTHER PRIVATE RECREATION FACILITY IN THE CITY
12:21:02PM OF TAMPA, THERE WILL BE SOME IMPACTS TO ADJACENT
12:21:05PM NEIGHBORHOODS, BECAUSE WITH ANY CHANGE OF LAND OF USE THERE
12:21:09PM IS ALWAYS GOING TO BE A DIFFERENT -- DIFFERENT EFFECTS.
12:21:13PM >>MIKE SUAREZ: RIGHT.
12:21:14PM I APPRECIATE YOU SAYING THAT.
12:21:15PM I'LL ASK MS. FEELEY A QUESTION, TOO.
12:21:18PM MS. FEELEY, I KNOW YOU HAVE TO HOBBLE UP HERE.
12:21:23PM MS. FEELEY HAD AN OPERATION ON HER FOOT A FEW WEEKS AGO AND
12:21:27PM STILL HOBBLED.
12:21:28PM >>ABBYE FEELEY: AND ANOTHER ONE ON MONDAY.
12:21:29PM LET'S KEEP GOING.
12:21:30PM >>MIKE SUAREZ: MS. FEELEY, TAKING INTO CONSIDERATION WHAT
12:21:34PM MR. HEY JUST SAID ABOUT THE LAND USE PLAN AND THE LAND USE
12:21:39PM PLAN IS THE OVERALL DIRECTION AND THEN OUR CODE OF
12:21:42PM ORDINANCES TAKE THOSE OVERALL DIRECTION AND WE PUT IN
12:21:46PM SPECIFICS TO FILL IN THOSE OBJECTIVES, IS THAT CORRECT?
12:21:49PM >>ABBYE FEELEY: YES.
12:21:50PM >>MIKE SUAREZ: OKAY.
12:21:51PM SO I KNOW THAT YOU FOUND THIS ALSO CONSISTENT, BUT THERE ARE
12:21:55PM STILL THINGS WITHIN YOUR REPORT THAT MAKE IT SOUND LIKE --
12:21:58PM EXCUSE ME, I'M NOT GOING TO SAY THAT -- MAKES IT -- YOU
12:22:01PM KNOW, YOU'RE TRYING TO COME UP WITH THE BEST REALISTIC
12:22:06PM DIRECTION THAT THINGS ARE GOING TO HAPPEN BASED ON WHAT BOTH
12:22:08PM THE LAND USE PLAN IS AND WHAT OUR CODE OF ORDINANCES SAY.
12:22:12PM WHEN WE LOOK AT SOME OF THE SUGGESTIONS THAT ARE MADE BY
12:22:15PM MR. HEY AND THE LAND USE, HOW OFTEN DO YOU LOOK AT AND SAY
12:22:19PM HOW DOES THIS FIT IN WITH THAT PARTICULAR PIECE, NOT THE
12:22:23PM OVERALL JUST CONSISTENCY, BUT HOW DOES THAT FIT INTO WHAT WE
12:22:27PM LOOK AT WHEN WE START TO LOOK AT OUR CODE OF ORDINANCES?
12:22:30PM WAS THAT CLEAR?
12:22:33PM MY POINT IS THAT WHEN YOU LOOK AT THE WHOLE REPORT, YOU SEE
12:22:37PM IT'S CONSISTENT.
12:22:38PM YOU CAN SAY, HEY, IT'S CONSISTENT.
12:22:40PM WE'RE GOING ON.
12:22:41PM HERE IS THE LAND USE.
12:22:42PM AGAIN, THAT'S THE REASON I'M ASKING YOU THE QUESTION.
12:22:45PM THEN A PIECE THERE THAT SAYS, OH, WAIT A MINUTE, HERE ARE
12:22:48PM THINGS TO CONSIDER AS PART OF OUR LAND USE PLAN, YOU AS A
12:22:52PM PLANNER FOR THE CITY DOING LAND DEVELOPMENT, YOU GO, ALL
12:22:55PM RIGHT, HOW DOES THIS FIT IN IN TERMS OF CODE OF ORDINANCES
12:22:59PM BASED ON THAT LAND USE SUGGESTION?
12:23:01PM >>ABBYE FEELEY: ABBYE FEELEY, LAND DEVELOPMENT.
12:23:03PM I'VE BEEN PROCESSING REZONING BEFORE THIS COUNCIL FOR CLOSE
12:23:08PM TO 14 YEARS.
12:23:10PM I DID THE YACHT CLUB.
12:23:11PM I WORKED ON THE JCC, OTHER PRIVATE RECREATIONAL FACILITIES.
12:23:17PM I ACTUALLY DRAFTED THE BAYSHORE SCENIC CORRIDOR POLICY
12:23:20PM THAT'S IN THE COMP PLAN.
12:23:22PM I DON'T JUST CHECK BOXES AND LOOK AT CRITERIA AND MAKE --
12:23:28PM >>MIKE SUAREZ: LET ME STOP YOU THERE.
12:23:29PM THAT'S NOT WHAT I'M ASKING.
12:23:31PM I'M ASKING WHEN YOU SEE SOMETHING LIKE THAT IN THE REPORT,
12:23:33PM HOW DOES THAT AFFECT WHAT YOU PUT IN IN TERMS OF THE
12:23:36PM ORDINANCES?
12:23:37PM IT IS NOT A CRITICISM OF YOU AT ALL.
12:23:39PM >>ABBYE FEELEY: NO, NO.
12:23:40PM I DIDN'T TAKE IT THAT WAY.
12:23:41PM >>MIKE SUAREZ: I WANTED TO MAKE SURE YOU KNEW THAT.
12:23:43PM >>ABBYE FEELEY: I DIDN'T TAKE IT THAT WAY.
12:23:45PM I THINK THAT ONE OF THE THINGS THAT DAVID AND I GRAPPLE WITH
12:23:48PM ALL THE TIME, AND WE WORK VERY CLOSELY TOGETHER, IS THAT A
12:23:52PM POLICY ON PAPER IS NOT ALWAYS, YOU DON'T KNOW THE EFFECTS OF
12:23:58PM THAT UNTIL YOU START TO FEEL IT IN ACTION WHEN PROJECTS COME
12:24:01PM THROUGH.
12:24:02PM YOU CAN ONLY PLAN FOR THE FUTURE AS GREAT AS YOU CAN PLAN
12:24:04PM FOR IT AND THEN YOU DON'T ACTUALLY SEE UNTIL THINGS GO INTO
12:24:07PM OPERATION, EITHER MODIFICATIONS TO THAT PLAN THAT COULD BE
12:24:10PM DONE BETTER OR PERHAPS ADDITIONAL REGULATIONS TO THAT PLAN
12:24:14PM TO HELP TO PROVIDE BETTER PROTECTIONS.
12:24:18PM >>MIKE SUAREZ: RIGHT.
12:24:18PM THE REASON I WAS ASKING IN THAT WAY IS BECAUSE IT WAS STATED
12:24:24PM EARLIER BY SOME OF THE OTHER FOLKS THAT YOU ARE AN EXPERT
12:24:26PM BUT IT IS AN ART AND NOT A SCIENCE ALWAYS BECAUSE YOU'RE
12:24:28PM LOOKING, AND YOU MADE THAT COMMENT THAT YOU GRAPPLE WITH HOW
12:24:34PM THESE THINGS ARE PUT INTO PLACE AS OPPOSED TO JUST THE
12:24:38PM ESOTERIC LAND USE, CODE OF ORDINANCES THAT ARE WRITTEN WORDS
12:24:42PM BUT NOT NECESSARILY HOW DOES IT ACTUALLY OPERATE IN REAL
12:24:45PM LIFE.
12:24:45PM I KNOW THAT'S WHAT YOU GRAPPLE WITH BECAUSE IT'S EXTREMELY
12:24:49PM DIFFICULT.
12:24:49PM THAT'S WHAT WE GRAPPLE WITH, TOO, BECAUSE WE'RE MAKING YOUR
12:24:52PM SUGGESTIONS TAKING TO HEART WHAT YOU SAY AND WE MAKE A
12:24:59PM DECISION BASED ON DIFFERENT FACTORS.
12:25:01PM I KNOW WE'RE COMING UP ON THE LAST FIVE MINUTES, CHAIR, I
12:25:03PM THINK THIS WILL BE MY LAST LINE OF QUESTIONING.
12:25:05PM WHEN WE'RE LOOKING AT THE VALET SUGGESTION THAT WAS MADE BY
12:25:11PM THE PETITIONER IN THAT THERE IS GOING TO BE A VALET SERVICE,
12:25:16PM MY GUESS IS THEY'LL HAVE SOMEPLACE TO PARK.
12:25:19PM I ASSUME AFTER THE 80 SPACES ARE FILLED UP, THERE HAS TO BE
12:25:23PM SOMEPLACE ELSE WHICH THEY GO AND THAT COULD CAUSE A PROBLEM
12:25:28PM WITH THE LAND USE AND WHAT WE HAVE IN PLACE.
12:25:30PM CORRECT?
12:25:30PM MEANING THAT THEY'LL HAVE TO FIND SOMEPLACE TO PUT THE CARS
12:25:34PM THAT'S CLOSE ENOUGH FOR THE VALET GUY TO EITHER RUN THERE,
12:25:37PM WALK THERE, MAYBE DRIVE ANOTHER CAR OVER THERE, I DON'T KNOW
12:25:40PM HOW THEY'LL DO IT BUT HOW DOES THAT FIT IN WITH YOUR
12:25:43PM DECISION IN TERMS OF FINDING CONSISTENCY WHEN YOU'RE LOOKING
12:25:46PM AT PARKING?
12:25:48PM >>ABBYE FEELEY: WHEN I'M LOOKING AT PARKING, THIS PLAN
12:25:51PM DOESN'T SAY THAT IT HAS TO BE VALETED.
12:25:54PM WHAT THIS PLAN SAYS IS THIS USE REQUIRES 80 PARKING SPACES
12:25:58PM AND THERE ARE 80 ON THIS PROPERTY.
12:25:59PM THEY ARE NOT ASKING YOU FOR A WAIVER, WHICH TYPICALLY IS
12:26:03PM WHAT SPURS THE DISCUSSION AS TO YOU'RE WAIVING, HOW ARE YOU
12:26:07PM MITIGATING?
12:26:08PM THAT'S NOT WHAT IS OCCURRING HERE.
12:26:10PM I DON'T THEN TAKE A JUMP FORWARD AND SAY, OKAY, THEY ARE
12:26:13PM GOING TO VALET THIS BECAUSE THAT'S NOT WHAT THE REGULATION
12:26:17PM IS.
12:26:18PM >>MIKE SUAREZ: BUT, AGAIN, BACK TO WHAT OUR PREVIOUS
12:26:22PM DISCUSSION WAS, WHICH IS THE REAL-WORLD ANSWER IN TERMS OF
12:26:25PM SOME OF THIS STUFF WHICH IS THEY HAD MADE A SUGGESTION THAT
12:26:28PM PUBLIC STREETS WOULD NOT BE PARKED ON, WHICH IS A VERY
12:26:32PM DIFFICULT THING TO DO, EVEN IF YOU HAVE A MEMBERSHIP
12:26:35PM AGREEMENT IT'S VERY DIFFICULT TO STOP PEOPLE FROM PARKING
12:26:37PM THERE.
12:26:38PM AND THERE ARE MAYBE PEOPLE THAT AREN'T MEMBERS THAT PARK
12:26:41PM THERE.
12:26:42PM AGAIN, IT'S SOMETHING THAT WAS STATED IN THE RECORD AND
12:26:44PM THAT'S ONE OF THE REASONS WHY I WANTED TO ASK YOU THIS
12:26:48PM BECAUSE IT'S SOMETHING YOU DON'T LOOK AT EVEN THOUGH
12:26:50PM PRESENTED BY THE PETITIONER.
12:26:51PM THAT'S MY POINT.
12:26:56PM >>ABBYE FEELEY: CORRECT.
12:26:56PM >>YVONNE CAPIN: THEY HAVE TWO AND A HALF ACRES.
12:26:58PM THEY CAN PARK IT SOMEWHERE ON THERE.
12:27:00PM JCC PARKED IN OUR PARKS.
12:27:06PM THEY GOT TWO AND A HALF ACRES OF LAND.
12:27:08PM THEY CAN PARK OVERFLOW ON THAT?
12:27:14PM >>ABBYE FEELEY: THE TWO AND A HALF ACRES IS THIS PROJECT
12:27:15PM SITE, AND IT IS PROVIDED WITH A LAYOUT FOR PARKING WITH A
12:27:20PM LAYOUT FOR BUFFERING AND WITH A LAYOUT FOR THEIR FACILITY.
12:27:24PM THEY HAVE NOT ASKED TO TANDEM PARK IN THOSE AREAS.
12:27:28PM THEY HAVE NOT ASKED.
12:27:29PM THEY HAVE SHOWN YOU 80 SPACES.
12:27:31PM THEY ARE REQUIRED 80 SPACES.
12:27:33PM JCC WAIVED 50% OF THEIR PARKING AND THEY HAVE A PARKING
12:27:38PM PROBLEM.
12:27:38PM I CAN'T TESTIFY BUT I'M GOING TO SAY THERE SHOULD BE CARS IN
12:27:42PM THE SPACES ON THIS PROPERTY AND THAT'S WHERE THEY SHOULD BE.
12:27:46PM >>YVONNE CAPIN: THANK YOU.
12:27:47PM I'M DONE.
12:27:48PM >>FRANK REDDICK: LET'S GO TO 55, 56.
12:27:51PM CAN I GET A QUICK MOTION TO WITHDRAW NUMBER 55.
12:27:55PM MR. GRANDOFF, NO COMMENTS.
12:27:59PM CAN I GET A MOTION TO WITHDRAW NUMBER 55?
12:28:02PM MOTION BY MR. MANISCALCO.
12:28:03PM SECONDED BY MS. CAPIN.
12:28:05PM ALL IN FAVOR OF THAT MOTION, AYE.
12:28:07PM >>MARTIN SHELBY: MR. CHAIRMAN, WHAT WAS THAT?
12:28:13PM I THINK HE'S CONTINUING IT.
12:28:15PM YOU JUST WITHDREW 55?
12:28:49PM >>FRANK REDDICK: CORRECT.
12:28:20PM >>MARTIN SHELBY: AND WITH REGARD TO 56 YOU MOVED A
12:28:24PM SUBSTITUTE ON THAT?
12:28:49PM >>FRANK REDDICK: I'M GETTING READY TO DO THAT.
12:28:20PM >>MARTIN SHELBY: THERE'S ANOTHER REQUEST ON NUMBER 55, AND
12:28:34PM THAT IS TO -- YOU REMOVE THAT AT THE REQUEST OF THE
12:28:38PM APPLICANT, ALSO, CAN YOU REMOVE THE SECOND PUBLIC HEARING
12:28:41PM THAT IS NOW SCHEDULED FOR OCTOBER 4 AT 9:30 A.M., A MOTION
12:28:45PM TO DO THAT?
12:28:46PM >>MIKE SUAREZ: CHAIR, IF I COULD, DID WE OPEN THOSE
12:28:48PM HEARINGS?
12:28:49PM >>FRANK REDDICK: YES, WE DID, EARLIER.
12:28:50PM >>MARTIN SHELBY: THIS IS GOING TO BE WITHDRAWN.
12:28:53PM >>FRANK REDDICK: ALL RIGHT.
12:28:55PM CAN WE OPEN THE HEARING SO WE CAN DO NUMBER 56?
12:28:57PM WE HAVE A MOTION FROM MR. MANISCALCO.
12:29:00PM SECONDED BY MR. SUAREZ.
12:29:03PM >>JOHN GRANDOFF: SIR, CAN I BE HEARD ON POINT OF ORDER?
12:29:05PM >>FRANK REDDICK: NO, SIR.
12:29:06PM ITEM 56.
12:29:06PM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
12:29:09PM I'M HERE ON ITEM 56, WHICH IS A DEVELOPMENT AGREEMENT FOR
12:29:12PM SECOND PUBLIC HEARING WITH SPP AND THE CITY OF TAMPA FOR THE
12:29:17PM WATER STREET DISTRICT.
12:29:18PM WE DID PROVIDE A SUBSTITUTE AGREEMENT.
12:29:19PM AS YOU RECALL LAST TIME, I TOLD YOU THAT THE
12:29:22PM TAMPA/HILLSBOROUGH EXPRESSWAY AUTHORITY HAD ASKED FOR US TO
12:29:25PM MEET WITH THEM AND DISCUSS A COUPLE OF ISSUES.
12:29:27PM THEY DIDN'T OBJECT TO US GOING FORWARD ON FIRST READING BUT
12:29:30PM THEY WANTED TO DISCUSS A COUPLE OF POINTS WITH US AND SPP.
12:29:33PM WE DID MEET WITH THEM AND WE MADE SOME ADDITIONAL CHANGES IN
12:29:36PM THE SUBSTITUTE.
12:29:37PM IT HAS TO DO WITH THEA RETAINING JURISDICTION OF THE
12:29:40PM PROPERTY THEY ALREADY OWN WITH THE CUMBERLAND MERIDIAN
12:29:45PM CONNECTION.
12:29:45PM WE MADE THOSE CHANGES.
12:29:46PM IT'S MY UNDERSTANDING THEY HAVE NO FURTHER OBJECTION.
12:29:51PM IF THEY DO, THEY CAN HAVE OPPORTUNITY TO SPEAK.
12:29:54PM THAT'S THE MAIN CHANGES.
12:29:59PM >> MOVE THE SUBSTITUTE RESOLUTION.
12:30:00PM >>FRANK REDDICK: MOTION BY MR. MANISCALCO.
12:30:02PM SECONDED BY MS. CAPIN.
12:30:03PM ALL IN FAVOR OF THE MOTION, AYE.
12:30:05PM MOTION TO CLOSE.
12:30:08PM MOTION BY MR. SUAREZ.
12:30:11PM SECONDED BY MR. MANISCALCO TO CLOSE THE PUBLIC HEARING.
12:30:13PM ALL IN FAVOR AYE.
12:30:13PM GOT A MOTION FROM MANISCALCO, SECONDED BY MR. COHEN.
12:30:20PM ALL IN FAVOR OF THE MOTION SAY AYE.
12:30:22PM THOSE OPPOSED.
12:30:23PM WE STAND IN RECESS TILL 2:00.
12:30:27PM [RECESS]
12:48:14PM
DISCLAIMER:
THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME
CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE
ACCURACY NOR USED AS A VERBATIM TRANSCRIPT.
ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE
PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER.
2:03:38PM >>FRANK REDDICK: GOOD AFTERNOON.
2:03:39PM WE'RE GOING TO CALL THIS CITY COUNCIL MEETING BACK IN ORDER.
2:03:42PM ROLL CALL.
2:03:45PM >>MIKE SUAREZ: HERE.
2:03:46PM >>HARRY COHEN: HERE.
2:03:47PM >>GUIDO MANISCALCO: HERE.
2:03:49PM >>YVONNE CAPIN: PRESENT.
2:03:50PM >> MIRANDA?
2:03:52PM >>LUIS VIERA: HERE.
2:03:52PM >>FRANK REDDICK: HERE.
2:03:54PM ANY FURTHER DISCUSSION ON ITEM NUMBER 52?
2:04:02PM ALL RIGHT.
2:04:04PM WE'LL GO TO ITEM 53.
2:04:06PM PETITIONER?
2:04:15PM >>RYAN MANASSE: RYAN MANASSE, CITY OF TAMPA OF DEVELOPMENT
2:04:18PM LAND COORDINATION.
2:04:19PM THE CORRECTED SITE PLAN HAS BEEN TURNED INTO THE CITY
2:04:21PM CLERK'S OFFICE AND STAFF IS AVAILABLE FOR ANY QUESTIONS.
2:04:23PM >>FRANK REDDICK: ALL RIGHT.
2:04:24PM ANY QUESTIONS FOR STAFF?
2:04:25PM PETITIONER?
2:04:40PM >>TRUETT GARDNER: 400 NORTH ASHLEY DRIVE ON BEHALF OF THE
2:04:42PM APPLICANT.
2:04:43PM WE BELIEVE AT THE LAST HEARING YOU HEARD ENOUGH COMPETENT
2:04:47PM SUBSTANTIAL EVIDENCE.
2:04:47PM THE VOTE WAS HEARD ON THE ALCOHOL SIDE.
2:04:50PM WE WOULD LIKE -- WE PLAYED THE VIDEO THE LAST TIME.
2:04:54PM THERE WERE A LOT OF MISCHARACTERIZATIONS DURING OUR
2:04:58PM TESTIMONY BEFORE LABELING THIS A NIGHTCLUB, A BAR AND A
2:05:01PM LOUNGE.
2:05:03PM AND I THINK THE BEST WAY TO SHOW WHAT THIS TRULY IS THE
2:05:07PM VIDEO.
2:05:07PM I KNOW MS. CAPIN WAS NOT HERE THE LAST TIME SO SHE DIDN'T
2:05:11PM HAVE THE BENEFIT OF SEEING THE VIDEO.
2:05:12PM WE ASKED CCTV IF THEY WOULD REPLAY IT, ONE, TO REBUT THE
2:05:16PM EVIDENCE THAT WAS GIVEN BEFORE BECAUSE I THINK IT'S A TRUE
2:05:19PM INDICATION OF WHAT MR. CASPER'S INTENT IS WITH THIS
2:05:22PM PROPERTY, AND THAT WILL BE OUR PURE CASE IN CHIEF ON THE
2:05:28PM ALCOHOL SIDE.
2:05:28PM WE'LL RESERVE ANY TIME FOR REBUTTAL.
2:05:31PM >>FRANK REDDICK: YOU WANT THE VIDEO TO BE SHOWN NOW?
2:05:33PM >>TRUETT GARDNER: CORRECT.
2:05:34PM >>FRANK REDDICK: OKAY.
2:05:36PM >> BUILT IN 1909, THE STOVALL HOUSE IS ONE OF TAMPA'S MOST
2:05:42PM ICONIC LANDMARKS.
2:05:43PM IT'S ONE OF THE LAST REMAINING GRAND ESTATES AND HAS SO MANY
2:05:48PM STORIES TO TELL.
2:05:49PM NOW IT'S TIME TO WRITE A NEW CHAPTER, ONE THAT PRESERVES AND
2:05:53PM CELEBRATES ITS RICH HISTORY.
2:05:54PM BUT ALSO OPENS IT UP TO THE TAMPA COMMUNITY AS A MODERN-DAY
2:05:58PM SOCIAL CLUB.
2:06:00PM >> THERE'S SOMETHING REALLY SPECIAL ABOUT REIMAGINED,
2:06:04PM HISTORIC SPACES TAKING ON A NEW USE.
2:06:07PM AND THAT'S SOMETHING THAT BLAKE AND I AND OUR FAMILY IS VERY
2:06:10PM INTERESTED IN.
2:06:11PM >> WE'RE SEEING ALMOST A RENAISSANCE IN HISTORIC
2:06:13PM PRESERVATION AND A REDISCOVERY OF OUR HISTORIC STRUCTURES.
2:06:17PM >> THE PROPERTY IS STUNNING.
2:06:18PM IT HAS SO MUCH HISTORY.
2:06:20PM IT REALLY SEEMED LIKE A PERFECT FIT.
2:06:22PM THE MORE WE STARTED TALKING ABOUT IT THE MORE EXCITED WE GOT
2:06:26PM ABOUT THE IDEA.
2:06:28PM >> WITH THE OXFORD EXCHANGE WE USED INSPIRATION FROM
2:06:31PM DIFFERENT CLUBS, RETAIL SPACES, RESTAURANTS.
2:06:33PM WE'RE TAKING A VERY SIMILAR APPROACH TO THE STOVALL HOUSE.
2:06:36PM THERE'S NO GREATER SATISFACTION AND REWARD THAN HEARING
2:06:40PM PEOPLE TALK ABOUT THE OXFORD EXCHANGE AND SAYING, "HAVE YOU
2:06:43PM SEEN WHAT THEY'VE DONE IN TAMPA?"
2:06:45PM A REIMAGINED STOVALL HOUSE WILL BE THE FIRST OF ITS KIND.
2:06:50PM WE'RE BRINGING THIS VISION TO LIFE IN COLLABORATION WITH OUR
2:06:53PM EXPERT TEAM, THE NEIGHBORHOOD AND OTHERS FROM THE COMMUNITY.
2:06:56PM IT WILL PRESERVE AND COMPLEMENT THE HISTORIC HOME, ENHANCE
2:07:00PM THE ALREADY RICH LANDSCAPE AND ENSURE COMPATIBILITY WITH THE
2:07:03PM SURROUNDING NEIGHBORHOOD.
2:07:05PM >> REALLY, THIS IS A PROJECT THAT NOT ONLY IS GOOD FOR TAMPA
2:07:10PM BUT PROTECTS THE NEIGHBORHOOD.
2:07:11PM AND I THINK PROTECTION OF THE NEIGHBORHOOD IS VERY
2:07:13PM IMPORTANT.
2:07:14PM >> BLAKE AND HIS TEAM FROM DAY ONE HAVE BEEN EXTREMELY
2:07:18PM ACCESSIBLE.
2:07:18PM THEY HAVE OFFERED TO PARTICIPATE IN A NUMBER OF THE
2:07:21PM COMMUNITY MEETINGS.
2:07:22PM THERE WAS INITIAL CONCERN OF WHAT WAS GOING TO BECOME OF
2:07:26PM THIS PROPERTY AND THEN ALL THE ACTIONS THEY'VE TAKEN EVER
2:07:29PM SINCE THEN VALIDATES THE INTEGRITY I THINK THEY HAVE FOR THE
2:07:31PM PROJECT.
2:07:33PM >> WE REALLY LOVE WORKING ON A TEAM, AND WE FEEL THAT THIS
2:07:35PM TEAM IS REALLY SECOND TO NONE.
2:07:38PM >> OUR ARCHITECTS, BRAD AND MARGARET COOK, MOVED BACK TO
2:07:42PM TAMPA BECAUSE OF ALL THE EXCITING THINGS HAPPENING HERE.
2:07:45PM AND OUR LANDSCAPE ARCHITECT, KEITH WILLIAMS, IS ANOTHER
2:07:48PM EXAMPLE OF WORLD-CLASS TALENT COMING TO WORK IN TAMPA
2:07:50PM BECAUSE OF THE QUALITY PROJECTS LIKE THE STOVALL.
2:07:55PM >> THE STOVALL IS THE ANCHOR OF THE PROPERTY.
2:07:57PM IT'S THE MAIN ENTRY POINT FROM THE VALET.
2:07:59PM FROM THERE YOU MOVE AROUND THE COURTYARD TO THE PAVILION
2:08:03PM BUILDING, MULTIPURPOSE ROOM AND PRIVATE DINING SPACE.
2:08:06PM EACH SEAMLESS CLOSE TO THE OUTDOOR ROOMS AND THE WEST
2:08:09PM GARDENS.
2:08:10PM FURTHER AROUND THE COURTYARD IS THE CONSERVATORY, THE MAIN
2:08:15PM DINING SPACE AND THAT WE LIKE TO SEE A HOUSE IN THE GARDEN.
2:08:19PM >> WHETHER SOMEBODY WHO WANTS A BREAKFAST AND NEWSPAPER OR A
2:08:22PM GROUP OF LADIES WANTING TO LUNCH, GLASS OF WINE BEFORE
2:08:26PM DINNER, OUR GOAL IS TO PROVIDE BEAUTIFUL MOMENTS AND
2:08:28PM OPPORTUNITY ALL THROUGHOUT THE DAY.
2:08:31PM >> THESE SOCIAL SPACES ARE CELEBRATED AND SACRED IN THEIR
2:08:35PM COMMUNITIES.
2:08:35PM THE STOVALL HOUSE WILL ONCE AGAIN BE THAT PLACE FOR TAMPA.
2:08:38PM IT WAS A HUNDRED YEARS AGO, AND IT WILL BE AGAIN TODAY.
2:08:43PM >> WHEN YOU REALLY STEP BACK AND TAKE A LOOK AT EVERYTHING
2:08:47PM THIS WILL BRING TO TAMPA AND THE PRESERVATION OF A HISTORIC
2:08:50PM STRUCTURE, THE PROTECTION OF THE NEIGHBORHOOD AND A REALLY
2:08:53PM LOCAL PERSON WHO LIVES HERE, WHO CARES ABOUT TAMPA AND CARES
2:08:57PM ABOUT THE NEIGHBORHOOD, WELL, THEN I THINK IT'S SOMETHING
2:09:00PM WORTHY OF SUPPORT.
2:09:02PM >> TAMPA'S HOME.
2:09:04PM IF YOU CAN'T INVEST IN YOUR COMMUNITY, WHERE ARE YOU GOING
2:09:07PM TO INVEST?
2:09:08PM [END OF VIDEO]
2:09:14PM >>FRANK REDDICK: OKAY.
2:09:17PM WE WILL GO TO -- IS THAT IT?
2:09:32PM OKAY.
2:09:35PM ALL RIGHT.
2:09:44PM >> ARE YOU READY FOR ME?
2:09:45PM >>FRANK REDDICK: NOT YET.
2:09:46PM MR. SHELBY, DO WE HAVE TO SWEAR IN THE PEOPLE AGAIN?
2:09:53PM >>MARTIN SHELBY: NO, BUT IF YOU WANT TO MAKE SURE EVERYBODY
2:09:55PM HAS BEEN SWORN, YOU CAN DO THAT.
2:09:57PM >>FRANK REDDICK: ALL RIGHT.
2:09:58PM IF YOU PLAN ON SPEAKING AND YOU HAVE NOT BEEN SWORN IN,
2:10:01PM PLEASE STAND TO BE SWORN IN.
2:10:08PM [OATH ADMINISTERED]
2:10:15PM >>FRANK REDDICK: ALL RIGHT.
2:10:15PM WE'RE GOING TO PUBLIC COMMENTS.
2:10:18PM KEEP IN MIND, THIS IS ABOUT THE ALCOHOL BEVERAGE.
2:10:23PM NOT THE ZONING.
2:10:25PM WE'RE TALKING ABOUT ALCOHOL NOW.
2:10:33PM >>MARTIN SHELBY: MS. CLARKE HAS SEVEN NAMES.
2:10:35PM JOHN DAY.
2:10:36PM THANK YOU.
2:10:37PM MARY POND.
2:10:38PM THANK YOU.
2:10:38PM GARY RIPA.
2:10:39PM THANK YOU.
2:10:40PM ROBERTA BATSON.
2:10:43PM THANK YOU.
2:10:49PM [ENCODER DROP]
2:10:52PM [ENCODER DROP]
2:11:06PM [ENCODER DROP]
2:11:09PM [ENCODER DROP]
2:11:19PM >> -- ALCOHOL BEVERAGE ESTABLISHMENT.
2:11:21PM WHAT IS BEING PROPOSED IS WET ZONING FOR 69,000 SQUARE FEET
2:11:25PM OF PROPERTY.
2:11:27PM IT IS IN A RESIDENTIAL 10 FUTURE LAND USE CATEGORY, AND I'D
2:11:33PM LIKE TO GO THROUGH SOME OF THE ISSUES THAT ARISE FROM THAT.
2:11:39PM AS WE GO THROUGH THIS, THE FIRST TWO THINGS I'M GOING TO
2:11:42PM TALK ABOUT ARE PART OF THE COMPREHENSIVE PLAN, BUT THERE ARE
2:11:45PM TWO DIFFERENT KINDS OF POLICIES.
2:11:47PM ONE IS ONE THAT I THINK IS MORE BLACK AND WHITE THAN THE
2:11:51PM OTHER.
2:11:51PM THEN AS WE GET INTO THE SECOND ISSUE, IT'S ONE OF THOSE GRAY
2:11:55PM AREAS, AND MAYBE GRAY IS NOT THE RIGHT WORD, BUT REALLY
2:11:59PM WHERE JUDGMENT NEEDS TO APPLY.
2:12:00PM IT'S NOT SAYING THIS IS 50 FEET, YOU MAKE IT OR YOU DON'T.
2:12:03PM YOU HAVE TO EVALUATE WHETHER WHAT'S BEING PROPOSED MEETS THE
2:12:06PM STANDARDS THAT YOU HAVE ADOPTED IN YOUR COMPREHENSIVE PLAN.
2:12:09PM SO R-10 PROVIDES FOR LOW DENSITY USES.
2:12:12PM AND THIS WAS TALKED ABOUT PREVIOUSLY.
2:12:15PM IT'S FOR SINGLE-FAMILY DETACHED, LIMITED TOWNHOMES AND
2:12:20PM DUPLEXES, ACCESSORY SECONDARY UNITS.
2:12:24PM AND THAT'S FROM YOUR LAND USE CATEGORY MATRIX.
2:12:27PM THE QUESTION THEN BECOMES WITH THIS USE, THE LARGE VENUE
2:12:36PM ESTABLISHMENT, HOW DOES R-10 HANDLE COMMERCIAL USES?
2:12:41PM SO THREE QUESTIONS I'M GOING TO ADDRESS.
2:12:44PM ONE IS THIS COMMERCIAL?
2:12:45PM IS IT NEIGHBORHOOD SERVING?
2:12:48PM AND DOES IT MEET THE LOCATIONAL CRITERIA?
2:12:51PM SO LOOKING AT THAT, IT IS, IN MY VIEW, AND I THINK ALSO WHAT
2:12:56PM IS IN YOUR LAND DEVELOPMENT CODE, IT IS A COMMERCIAL USE.
2:13:00PM THE DEFINITION OF LARGE VENUE ALCOHOLIC BEVERAGE SALES LARGE
2:13:04PM VENUE IS A COMMERCIAL ESTABLISHMENT WITH MORE THAN 299
2:13:10PM PERSON OCCUPANCY.
2:13:12PM SO IT IS DEFINED AS A COMMERCIAL ESTABLISHMENT.
2:13:14PM SO I THINK WE'VE ANSWERED THE FIRST QUESTION.
2:13:17PM IT IS COMMERCIAL.
2:13:18PM NOW, YOU CAN HAVE SOME COMMERCIAL IN THE R-10 FUTURE LAND
2:13:23PM USE CATEGORY, BUT IT'S LIMITED.
2:13:25PM IT NEEDS TO BE NEIGHBORHOOD SERVING.
2:13:29PM AND, IN MY OPINION, I DON'T THINK THIS IS A NEIGHBORHOOD
2:13:33PM SERVING COMMERCIAL USE.
2:13:35PM LARGE-VENUE ESTABLISHMENTS ARE NOT PERMITTED IN YOUR
2:13:41PM NEIGHBORHOOD COMMERCIAL ZONING CLASSIFICATION UNDER YOUR
2:13:46PM EUCLIDEAN ZONING.
2:13:48PM THEY ARE NOT PERMITTED AS AN S-2 USE IN NEIGHBORHOOD
2:13:51PM COMMERCIAL.
2:13:51PM THEY HAVE TO BE IN COMMERCIAL GENERAL OR INTENSIVE
2:13:54PM COMMERCIAL BEFORE SOMEONE CAN ASK THAT.
2:13:57PM AND THAT MAKES SENSE BECAUSE THE PURPOSE OF NEIGHBORHOOD
2:14:02PM COMMERCIAL IS AREAS FOR LIMITED RETAIL AND PERSONAL SERVICES
2:14:05PM IN RESIDENTIAL NEIGHBORHOODS.
2:14:07PM THIS DISTRICT SHALL BE PLACED AT APPROPRIATE LOCATIONS TO
2:14:10PM SUPPLY THE DAILY SERVICE NEEDS OF SUCH NEIGHBORHOODS AND
2:14:13PM SHALL NOT BE USED TO PROMOTE STRIP COMMERCIAL DEVELOPMENT.
2:14:17PM THAT IS SECTION 27-156-A-4-A OF YOUR LAND DEVELOPMENT CODE.
2:14:22PM SO, AGAIN, IN MY OPINION, AN ESTABLISHMENT DESIGNED TO SERVE
2:14:28PM ALCOHOLIC BEVERAGES TO MORE THAN 300 PERSONS IS NOT
2:14:33PM NEIGHBORHOOD SERVING BY DEFINITION.
2:14:35PM FINALLY, EVEN IF YOU GET THROUGH THE FIRST TESTS IN THE
2:14:41PM FUTURE LAND USE CATEGORY, THERE ARE LOCATIONAL CRITERIA THAT
2:14:44PM IDENTIFIED WHERE COMMERCIAL CAN BE LOCATED IN R-10.
2:14:47PM AND THEY ARE VERY STRINGENT REQUIREMENTS.
2:14:50PM IT HAS TO BE WHERE 50% OF THE BLOCK FACE IS ALREADY
2:14:55PM COMMERCIAL.
2:14:57PM AND SO THAT YOU CAN MAKE A JUDGMENT THAT THIS WOULD BE
2:15:02PM INFILL AND CLEARLY THAT IS NOT WHAT THE CASE IS IN THIS
2:15:06PM CIRCUMSTANCE.
2:15:07PM THE CLOSEST COMMERCIAL IS 1,000 FEET SOUTH TO THE NORTHWEST
2:15:14PM CORNER AT BAYSHORE AND GANDY.
2:15:16PM SO THIS IS ONE OF THOSE THAT I THINK IS REALLY MORE OF THE
2:15:19PM BLACK-AND-WHITE QUESTION AS WE MOVE FORWARD, GETTING INTO
2:15:26PM ONE OF THOSE THAT IS A LITTLE BIT DISTANT.
2:15:27PM THIS IS YOUR LAND USE POLICY 9.3.6.
2:15:30PM I WANT TO CONGRATULATE YOU ON HAVING THIS IN YOUR PLAN
2:15:34PM BECAUSE IT MAKES SUCH SENSE.
2:15:35PM YOU PUT IN SOMETHING THAT RECOGNIZES WHAT'S REALLY HAPPENING
2:15:41PM OUT THERE.
2:15:41PM AND THIS POLICY RECOGNIZES THAT THE SALE OF ALCOHOLIC
2:15:44PM BEVERAGES CAN HAVE A DELETERIOUS EFFECT ON NEIGHBORHOODS.
2:15:49PM AND IT SAYS THAT IF YOU ARE GOING TO HAVE A CIRCUMSTANCE
2:15:53PM WHERE THAT TAKE PLACE, THERE NEEDS TO BE APPROPRIATE
2:15:58PM MITIGATION FOR ANY WAIVERS THAT ARE REQUESTED.
2:15:59PM YOU HAVE DIFFERENT WAIVER DISTANCES, SEPARATION REQUIREMENTS
2:16:05PM IN VARIOUS PLACES WITHIN THE CITY.
2:16:07PM THIS LOCATION REQUIRES A THOUSAND-FOOT SEPARATION BETWEEN
2:16:14PM THE ESTABLISHMENT SELLING THE ALCOHOL AND RESIDENCES AND A
2:16:19PM THOUSAND FEET TO USES SUCH AS THE PARK.
2:16:22PM OTHER PARTS OF THE CITY DON'T HAVE THOSE SAME REQUIREMENTS.
2:16:26PM THEY ARE EITHER SMALLER OR THEY DON'T HAVE THE SAME SORT OF
2:16:30PM STANDARD.
2:16:30PM SO THIS IS THE MOST STRINGENT DISTANCE REQUIREMENT
2:16:33PM ESTABLISHED IN YOUR CODE, IN THE COMPREHENSIVE PLAN.
2:16:39PM WHAT IS BEING PROPOSED IS A WAIVER OF THAT DISTANCE
2:16:43PM REQUIREMENT FROM A THOUSAND FEET TO 50 FEET FOR RESIDENTIAL
2:16:51PM AND TO 100 FEET FROM THE PARK.
2:16:53PM SO THE THOUSAND-FOOT SEPARATION REQUIREMENT IS BEING REDUCED
2:16:58PM BY 950 FEET FOR THE RESIDENCES IN THE AREA.
2:17:03PM NOW, LOOKING AT WHAT MAY BE MITIGATION FOR THAT, WHAT HAS
2:17:08PM BEEN TALKED ABOUT IS LIMITATION ON THE HOURS OF OPERATION.
2:17:13PM WHAT'S BEING PROPOSED IS THAT THE OUTDOOR SALES AND
2:17:17PM CONSUMPTION BE LIMITED UNTIL 10:00 ON WEEKDAYS, MIDNIGHT ON
2:17:22PM FRIDAY AND SATURDAY.
2:17:23PM THAT CUTS OUT 35 HOURS OF THE 136 HOURS THAT THE CITY
2:17:31PM PERMITS ALCOHOLIC BEVERAGES TO BE SERVED IN THE COUNTY -- OR
2:17:35PM IN THE CITY TO BE SOLD, RATHER.
2:17:36PM BUT THE REMAINDER, THE INTERIOR, THE CODE REQUIREMENTS OF
2:17:44PM ALLOWING UNTIL 3 A.M. STILL IS IN EFFECT.
2:17:49PM SO THE LIMITATION IS OUTSIDE SALES AND CONSUMPTION AT 10:00
2:17:56PM DURING THE WEEK AND MIDNIGHT DURING -- ON WEEKENDS.
2:18:01PM BUT INDOOR IS STILL TO 3 A.M.
2:18:04PM SO THIS IS ONE OF THOSE ISSUES WHERE TO FIND IT CONSISTENT
2:18:09PM WITH THE COMPREHENSIVE PLAN YOU HAVE TO DECIDE WHETHER THAT
2:18:12PM MITIGATION THAT IS BEING PROPOSED MEETS THE TEST, MEETS THE
2:18:17PM STANDARD TO JUSTIFY THAT LEVEL OF A DISTANCE REQUIREMENT.
2:18:22PM NOW, I DID HAVE A QUESTION AND MAYBE WHEN THE APPLICANT GETS
2:18:28PM UP TO REBUT, IT WAS NOT CLEAR TO ME -- THERE WAS DISCUSSION
2:18:30PM ABOUT THE FOUR OUTDOOR EVENTS AND AMPLIFIED MUSIC AND A SORT
2:18:36PM OF MOVED INTO A DISCUSSION OF VALET PARKING.
2:18:38PM I SORT OF HEARD HIM SAYING THAT WE WOULD ONLY HAVE THOSE
2:18:42PM ONLY WHEN THERE WAS AMPLIFIED MUSIC THAT THERE WOULD BE
2:18:45PM OVERFLOW PARKING.
2:18:46PM THAT DOESN'T MAKE SENSE TO ME BECAUSE I THINK IT HAS TO BE
2:18:49PM -- LIKELY THEY WOULD NEED THE OFF-SITE VALET PARKING SO
2:18:53PM PERHAPS THEY CAN ANSWER THAT QUESTION.
2:18:59PM FINALLY -- AND WE WENT THROUGH SOME OF THESE EARLIER.
2:19:02PM ALL SPECIAL USE PERMITS MUST MEET THE CRITERIA IN 127129.
2:19:13PM AGAIN, QUICKLY, BECAUSE I'M GOING TO BE BEEPED AT VERY SOON,
2:19:17PM IT REQUIRES THAT IT BE CONSISTENT WITH YOUR COMPREHENSIVE
2:19:21PM PLAN AND, IN MY OPINION, IT CLEARLY IS NOT CONSISTENT WITH
2:19:25PM THAT.
2:19:25PM IT HAS TO BE COMPATIBLE WITH THE SURROUNDING AREA OR A
2:19:30PM PUBLIC NECESSITY.
2:19:31PM CLEARLY, IT'S NOT A PUBLIC NECESSITY.
2:19:35PM AND THIS IS AN ESTABLISHED SINGLE-FAMILY NEIGHBORHOOD, WHICH
2:19:40PM IS HAVING A COMMERCIAL USE VIA THE S-2 PERMIT BEING
2:19:45PM PROPOSED.
2:19:47PM IT MUST NOT ESTABLISH A PRECEDENT.
2:19:51PM THERE WAS SOME TALK ABOUT THE WOMEN'S CLUB, THE GARDEN CLUB,
2:19:54PM THE COUNTRY CLUBS, WE THINK THOSE CAN BE DIFFERENTIATED FROM
2:19:58PM THIS CIRCUMSTANCE.
2:20:00PM IN SOME CASES THE INTENSITY IS NOT THE SAME.
2:20:04PM IN OTHERS, THE RESIDENCES CAME TO THOSE USES AND DEVELOPED
2:20:08PM AFTER THEY HAD BEEN THERE.
2:20:09PM BUT IF THOSE USES ARE BEING USED TO JUSTIFY THIS ONE AND
2:20:14PM THIS IS APPROVED, CERTAINLY SOMEBODY ELSE WILL LIKELY LOOK
2:20:18PM AT THIS USE AS A MEANS OF ESTABLISHING A PRECEDENT IN THE
2:20:22PM FUTURE.
2:20:23PM WE HAVE DISCUSSED THE INGRESS/EGRESS AND PARKING PREVIOUSLY.
2:20:29PM IT APPLIES HERE AS WELL.
2:20:31PM AND BECAUSE THIS IS FOR A USE FOR 300 OR MORE PERSONS.
2:20:39PM THAT'S WHAT THE DEFINITION OF LARGE VENUE IS.
2:20:42PM SO IN CONCLUSION, I WOULD LIKE TO REITERATE THAT I THINK
2:20:45PM THIS IS INCONSISTENT WITH YOUR COMPREHENSIVE PLAN AND THE
2:20:47PM PROVISIONS OF YOUR LAND DEVELOPMENT CODE AND THANK YOU FOR
2:20:50PM YOUR ATTENTION.
2:20:59PM >>FRANK REDDICK: THE NEXT SPEAKER.
2:21:06PM >> I'M NOT TERRIBLY FAMILIAR WITH TECHNOLOGY, BUT I HOPE IT
2:21:11PM WILL WORK.
2:21:12PM GIVE ME A SECOND TO TRY.
2:21:14PM OTHERWISE I WILL USE MY TELEPHONE.
2:21:16PM >>YVONNE CAPIN: SHE WAS SAYING HER NAME AS SHE CAME UP.
2:21:22PM >> ZHENYA NICHOLS.
2:21:25PM LET ME JUST START.
2:21:31PM THERE WAS A LOT OF TALK ABOUT HOW WONDERFULLY WE ARE GOING
2:21:37PM TO BE BUFFERED BY THE 25 FEET GREENERY.
2:21:40PM AND SOMEHOW IT MIRACULOUSLY IS GOING TO STOP THE SOUNDS FROM
2:21:44PM THE AREA OF OUTDOOR SERVICE THAT THE 10,000 SQUARE FEET
2:21:49PM LARGER THAN THE FOOTBALL FIELD WHICH I PRESUME IS NOT BUILT
2:21:53PM FOR A DOZEN GUYS SITTING AROUND TO BE ALONE SMOKING TO
2:21:56PM CIGARS AND LISTENING TO A STRING QUARTET.
2:21:59PM BUILD IT AND THEY WERE COME OR AS THE RUSSIANS SAY IF YOU
2:22:04PM HANG THE RIFLE ON THE WALL, IT'S GOING TO SHOOT ONE DAY.
2:22:08PM YOU ARE GOING TO BUILD THIS EXTENSIVE AREA AND YOU'RE TRYING
2:22:12PM TO TELL US IT'S GOING TO BE QUIET, I'M HAVING DIFFICULT TIME
2:22:16PM BELIEVING IT.
2:22:17PM NOW, LITTLE STUDY I DID OUT OF MY BEDROOM WINDOW -- AGAIN,
2:22:21PM SORRY, BACK TO MY BEDROOM WINDOW.
2:22:23PM BOTHERS ME.
2:22:24PM ONE OF MY BIGGEST CONCERNS, THIS IS AN EXAMPLE HOW THE SOUND
2:22:29PM TRAVELS FROM BEHIND HUNDRED FEET THROUGH THE CINDER
2:22:37PM BLOCK-BUILT BUILDING OVER MY SIX-FOOT-TALL FENCE THROUGH MY
2:22:44PM SO FAR QUIET YARD INTO MY BEDROOM WINDOW.
2:22:48PM AND THAT'S JUST A SOUND OF THE BLOWER, OF THE LEAF BLOWER.
2:22:55PM YOU CAN ARGUE WITH ME IT'S NOT THE LEAF BLOWER I'M GOING TO
2:22:59PM HEAR EVERY DAY, ALTHOUGH WITH THE MASSIVE VIEW OF THE
2:23:03PM FACILITY, THERE WILL BE SOME KIND OF CLEANING INVOLVED AND
2:23:06PM PROBABLY IF NOT DAILY, SEMI DAILY BASIS.
2:23:11PM LET'S FORGET ABOUT THE BLOWER.
2:23:13PM IT WAS JUST AN EXAMPLE HOW QUICKLY THE SOUND TRAVELS.
2:23:17PM LET'S THINK ABOUT IF ALL OF US WENT TO THE BAR ONCE OR
2:23:22PM TWICE.
2:23:22PM AND THREE OR FOUR GUYS SITTING NEXT TO US, AFTER COCKTAILS
2:23:26PM THEY WERE SO LOUD WE DID NOT NEED TO AMPLIFY THEM.
2:23:30PM SO I WILL BE LOOKING OVER THE PARKING LOT, THE VALET PARKING
2:23:35PM WHICH IS SOMEHOW TO BE THE GREATEST THING IN THE WORLD FOR
2:23:38PM ME AND I'M GOING TO HEAR DOZENS OF GUYS COMING OUT OF THE
2:23:42PM BAR WHO WILL BE STANDING THERE AND SPEAKING LOUDLY.
2:23:45PM THEY DON'T NEED TO BE AMPLIFIED AND PLEASE GIVE ME A CHANCE
2:23:49PM TO SHOW IN THE VIDEO IN JUST A SECOND.
2:23:53PM I'M ASKING FOR -- OH, GOD -- EXCUSE ME.
2:23:58PM ESCAPE, C'MON, TECHNOLOGY.
2:23:59PM DEAL WITH ME.
2:24:00PM JUST GIVE ME SECOND, PLEASE, BECAUSE IT IS TECHNOLOGICAL.
2:24:04PM NO, NO.
2:24:06PM HOLD ON A SECOND BECAUSE I WANT TO SHOW YOU HOW THE SOUND
2:24:10PM TRAVELS THROUGH SUPPOSEDLY 25 FEET GREENERY.
2:24:20PM >>FRANK REDDICK: I'M SORRY, MA'AM.
2:24:22PM WE GAVE YOU TEN SECONDS AND STILL COULDN'T GET IT DONE.
2:24:26PM SO NEXT SPEAKER.
2:24:30PM >> IT WILL TAKE LITERALLY TWO SECONDS.
2:24:32PM THAT'S THROUGH THE GREENERY.
2:24:34PM 35 FEET, GREENERY.
2:24:37PM YOU STILL CAN HEAR IT.
2:24:38PM YOU CANNOT SEE THEM BUT YOU CAN HEAR THEM.
2:24:41PM I MADE MY POINT.
2:24:42PM THANK YOU SO MUCH FOR BEING PATIENT WITH ME.
2:24:44PM I APPRECIATE IT.
2:24:51PM >>MARTIN SHELBY: TWO NAMES.
2:24:53PM KIMBERLY CORBIN.
2:24:55PM THANK YOU.
2:24:55PM ANDRE ANDERS. THANK YOU.
2:24:58PM AND ANDY ANDERS.
2:25:00PM TWO MINUTES, TOTAL OF FIVE, PLEASE.
2:25:04PM >> KIRK KUMAGAI.
2:25:06PM 2918 WEST COACHMAN AVENUE.
2:25:08PM LET'S JUST GO TO STAFF REPORT.
2:25:14PM GREAT VIDEO, BUT WE'RE NOT JUST TALKING ABOUT THE STOVALL
2:25:17PM HOUSE ITSELF.
2:25:18PM PETITIONER IS ASKING TO WET ZONE 69,700 SQUARE FEET ALCOHOL.
2:25:25PM ALCOHOL, LARGE CAPACITY.
2:25:26PM AGAIN, COMMERCIAL VENUE.
2:25:30PM COMMERCIAL ESTABLISHMENT WITH MORE THAN 299 PEOPLE SERVING
2:25:37PM ALCOHOL.
2:25:37PM LET'S JUST DECLARE THAT YOUR STAFF REPORT, THE COMPETENT,
2:25:42PM SUBSTANTIAL EVIDENCE, IN THIS CASE, FOUND IT INCONSISTENT
2:25:45PM FOR TWO REASONS.
2:25:47PM ONE, BECAUSE IT'S WITHIN A THOUSAND FEET OF RESIDENTIAL
2:25:51PM USES.
2:25:52PM WITHIN A THOUSAND FEET OF MY RESIDENT AT 2918 WEST COACHMAN.
2:26:00PM AND IT'S ALSO WITHIN A THOUSAND FEET OF OUR MOST ICONIC
2:26:06PM STREET, LINEAR PARK, BAYSHORE LINEAR PARK.
2:26:10PM AND PRESENTED COMPETENT SUBSTANTIAL EVIDENCE WHY THEY SHOULD
2:26:15PM GET THAT WAIVER.
2:26:15PM NOW, IN THE PREVIOUS SESSION, I BROUGHT UP ALL THESE
2:26:19PM STATISTICS ABOUT THE DANGERS OF THE MISUSE OF ALCOHOL.
2:26:26PM COUNCIL CORRECTED ME.
2:26:27PM HEY, WE CAN'T ASSUME THAT PEOPLE WILL MISUSE AND ABUSE
2:26:31PM ALCOHOL.
2:26:32PM WELL, I'M ASSUMING THAT IF WE'RE TALKING ABOUT ALCOHOL LARGE
2:26:35PM VENUE, THAT ON THE BOTTOM END HAS AT LEAST 853 VEHICLE TRIPS
2:26:42PM THAT SOME OF THOSE PEOPLE ARE GOING TO DRINK.
2:26:45PM THE NATIONAL HIGHWAY SAFETY TRANSPORTATION ADMINISTRATION
2:26:49PM DOCUMENTED IN 2016 THAT 2,017 PEOPLE WERE KILLED BY DRIVERS
2:27:01PM THAT HAD A BAC OF .01, .07.
2:27:06PM A LITTLE BIT ABOUT MYSELF.
2:27:06PM I GRADUATED FROM SEATTLE UNIVERSITY LAW SCHOOL IN MAY OF
2:27:09PM 1998.
2:27:11PM I WAS SUPPOSED TO BECOME A JUDGE ADVOCATE IN THE MARINE
2:27:14PM CORPS.
2:27:14PM THAT'S WHY I WENT TO LAW SCHOOL.
2:27:17PM WELL, THINGS FELL THROUGH.
2:27:18PM MY FIRST JOB OUT OF LAW SCHOOL I BECAME A MUNICIPAL COURT
2:27:21PM PROSECUTOR IN THE CITY OF LAKEWOOD, WASHINGTON.
2:27:23PM AND MY CITY ATTORNEY HAD THE WHEREWITHAL BECAUSE I WAS JUST
2:27:27PM A KNUCKLEHEAD MARINE LOOKING FOR A JOB, HEY, YOU'RE GOING TO
2:27:31PM PROSECUTE DUIs, I'M GOING TO SEND YOU TO DUI SCHOOL.
2:27:35PM I WENT TO WENATCHEE, WASHINGTON, AND FOR A WEEKEND I LEARNED
2:27:39PM HOW TO PROSECUTE DUIs.
2:27:41PM I'M PROBABLY ONE OF THE ONLY ONES IN HERE -- I DON'T KNOW
2:27:44PM MR. SMITH, BECAUSE HE WAS A CITY ATTORNEY, I DON'T KNOW
2:27:46PM ABOUT MR. SHELBY, BUT I GOT TO DO A WET LAB.
2:27:49PM YOU KNOW WHAT A WET LAB IS?
2:27:50PM I GOT TO GET DRUNK IN FRONT OF WASHINGTON STATE PATROL AND
2:27:55PM THEY EVALUATED ME.
2:27:57PM SO I DOWNED A BEER WAITED ABOUT TEN MINUTES.
2:28:01PM HOW DO YOU FEEL?
2:28:02PM I FEEL ALL RIGHT.
2:28:03PM SLIGHT BUZZ.
2:28:04PM THEY DID THE FSTs.
2:28:07PM AND THEY WERE GOOD.
2:28:08PM THE FST IS BASICALLY A -- THEY PINPOINT ABOUT .1, .12,
2:28:18PM SOMETHING LIKE THAT.
2:28:19PM DOWNED ANOTHER BEER.
2:28:20PM HOW DO YOU FEEL?
2:28:21PM I FEEL PRETTY BUZZED, TWO BEERS IN ABOUT 20 MINUTES, MAYBE
2:28:26PM LESS.
2:28:26PM BACK THEN I WAS 20 YEARS YOUNGER.
2:28:29PM THEN THEY SAID HOW DO YOU FEEL?
2:28:31PM WELL, I DON'T KNOW.
2:28:33PM I DON'T KNOW.
2:28:34PM WELL, YOU'RE ABOUT A .6.
2:28:36PM WOULD YOU DRIVE RIGHT NOW?
2:28:38PM I DON'T KNOW.
2:28:38PM PROBABLY RIGHT ON THE EDGE.
2:28:40PM SURE ENOUGH, I HAD THE THIRD BEER.
2:28:42PM WOULD YOU DRIVE NOW?
2:28:43PM OH, NO, I'M BUZZED.
2:28:45PM YOU'RE GOING TO BE ABOUT .85.
2:28:47PM HE WAS ALWAYS CHECKING ME.
2:28:48PM HORIZONTAL GAUGE AND THEN BLOW INTO THE BREATHALYZER.
2:28:52PM AND THOSE GUYS WERE RIGHT ON.
2:28:54PM I'M ASSUMING THAT FHP PROBABLY HAS THE SAME THING.
2:28:59PM IT SCARES ME THAT WHEN WE'RE TALKING ABOUT MITIGATION, WELL,
2:29:07PM WE'RE NOT GOING TO SERVE ALCOHOL IN THE -- OTHER MITIGATION,
2:29:13PM WELL, WE'LL CLOSE OFF ALCOHOL OUTSIDE.
2:29:17PM AGAIN, I'M A MARINE.
2:29:18PM I DON'T GET IT.
2:29:19PM MY UNDERSTANDING OF ALCOHOL, IT AFFECTS YOU THE SAME WHETHER
2:29:22PM YOU'RE DRINKING IT INSIDE OR OUTSIDE.
2:29:24PM IT SCARES ME THAT WHEN THE PETITIONER SAYS HEY, WE WANT
2:29:28PM CHAPTER 14 OF THE CITY CODE TO DRINK FROM 7 A.M. TO 3 A.M.
2:29:33PM EVERY DAY, ALL BUT SUNDAY, WON'T START DRINKING, SERVING
2:29:37PM ALCOHOL UNTIL 11 A.M.
2:29:39PM I'M JUST ASKING TO YOU FOLLOW STAFF REPORT THAT FOUND IT
2:29:48PM INCONSISTENT FOR THOSE TWO REASONS.
2:29:50PM BECAUSE IT'S WITHIN A THOUSAND FEET OF A RESIDENTIAL USE AND
2:29:54PM A THOUSAND FEET OF OUR MOST ICONIC PARK.
2:29:59PM WEST TAMPA IS KNOWN FOR BAYSHORE BOULEVARD.
2:30:05PM THERE'S NO REASON TO HAVE ALCOHOL THERE.
2:30:06PM THANK YOU.
2:30:18PM >> GOOD AFTERNOON.
2:30:20PM STILL WITH US.
2:30:21PM THANK YOU FOR YOUR FORBEARANCE.
2:30:23PM MY NAME IS LOUIS CONTI.
2:30:25PM I WAS HERE THIS MORNING.
2:30:26PM MEMBER OF THE BAR, 3805 BAYSHORE BOULEVARD THREE BLOCKS FROM
2:30:29PM THE PROPERTY.
2:30:30PM I TRIED TO MAKE A POINT THIS MORNING WHICH I APPARENTLY
2:30:35PM FAILED TO MAKE IN CONNECTION WITH THE ALCOHOL BEVERAGE
2:30:37PM LICENSE THAT IS BEING SOUGHT HERE.
2:30:39PM YOU'VE HEARD ABOUT THE SIGNIFICANT IMPACT THAT THE PROPERTY
2:30:44PM IS GOING TO HAVE ON THE NEIGHBORHOOD.
2:30:46PM IT MAY NOT HAVE IMPRESSED YOU AS MUCH AS WE THOUGHT IT
2:30:49PM SHOULD.
2:30:50PM BUT I DO NOT UNDERSTAND HOW THIS COUNCIL CAN IGNORE THE
2:30:55PM FINDINGS OF ITS STAFF, PLACE A 300 PLUS VENUE, COMMERCIAL
2:31:01PM ESTABLISHMENT WITH ALCOHOL SALES THAT START IN THE MORNING
2:31:06PM AND GO UNTIL 3 A.M. AND EXPECT THAT THAT IS NOT GOING TO
2:31:10PM HAVE AN ADVERSE IMPACT ON THE SURROUNDING RESIDENTIAL
2:31:14PM NEIGHBORHOOD.
2:31:15PM I DON'T KNOW WHAT IT WILL TAKE.
2:31:17PM WILL IT TAKE GUYS COMING OUT OF THE PARKING LOT AND
2:31:19PM SIDE-SWIPING A FEW CARS AS THEY TRY TO WEAVE THEIR WAY OUT?
2:31:23PM IS IT GOING TO TAKE PROPERTY DAMAGE WHERE THEY RUN INTO A
2:31:29PM FEW MAILBOXES AND TREES?
2:31:31PM IS IT GOING TO TAKE AN ACCIDENT WHERE SOMEONE IS INJURED OR
2:31:36PM LOSES THEIR LIFE?
2:31:37PM AT WHAT POINT DO YOU DECIDE THAT THE VALUE OF THIS COMMUNITY
2:31:41PM IN ENFORCING ITS ZONING LAWS WHEN IT COMES TO ALCOHOLIC
2:31:46PM BEVERAGES IN A HUGE COMMERCIAL ESTABLISHMENT SHOULD BE OVER
2:31:50PM -- AND THAT THE CONCERNS OF THE APPLICANT, AN LLC, WHO IS
2:31:56PM ONLY INTERESTED IN PROFIT SHOULD OUTWEIGH THE CONCERNS OF
2:32:00PM THE NEIGHBORS IN THE NEIGHBORHOOD.
2:32:03PM AND IF YOU DON'T THINK THIS IS GOING TO BE PRECEDENT, I'VE
2:32:08PM BEEN A LAWYER IN FLORIDA SINCE 1982.
2:32:12PM I HAVE BEEN PRACTICING WITH HOLLAND AND KNIGHT FOR ALMOST 30
2:32:16PM YEARS, THIS WILL BE PRECEDENT.
2:32:19PM SO I CAUTION YOU AND URGE YOU TO PLEASE THINK CAREFULLY
2:32:24PM BEFORE YOU APPROVE THIS ALCOHOL BEVERAGE SALES SPECIAL USE
2:32:29PM FOR THIS PROPERTY.
2:32:31PM THANK YOU.
2:32:38PM >> GOOD AFTERNOON, COUNCIL.
2:32:39PM ROBERT SORIANO.
2:32:40PM 2903 WEST BAYSHORE COURT, TAMPA.
2:32:44PM I'M A MEMBER OF THE FLORIDA BAR.
2:32:45PM THE PROPERTY I LIVE IN IS IMMEDIATELY ADJACENT TO THE
2:32:48PM PROPERTY.
2:32:49PM YOU'VE SEEN THE PICTURES FROM OUR BEDROOM WINDOW.
2:32:51PM I DON'T NEED TO GO INTO THAT.
2:32:53PM I DON'T NEED TO GO INTO A LOT OF THE COMMENTS PEOPLE HAVE
2:32:56PM MADE ALREADY.
2:32:56PM I WANT TO MAKE ONE TECHNICAL POINT AND ONE ANECDOTAL.
2:32:59PM THE TECHNICAL POINT IS THAT THE APPLICANTS HAVE SAID,
2:33:04PM ACKNOWLEDGED, ADMITTED THEY ARE A COMMERCIAL ENTERPRISE
2:33:06PM BECAUSE THEY FILED UNDER LARGE VENUE.
2:33:09PM WE KNOW IT'S REALLY LARGE.
2:33:10PM WE KNOW YOUR STAFF FOUND THAT INCONSISTENT AND BASED ON
2:33:12PM MR. SMITH'S ARGUMENTS EARLIER THIS MORNING, I ASSUME THAT'S
2:33:16PM CONCLUSIVE BECAUSE HE SEEMED TO THINK THE FACT THAT IT WAS
2:33:19PM BEFORE APPLICABLE, CONSISTENT WAS BINDING THEN IT SHOULD
2:33:24PM EQUALLY BE BINDING AND THIS IS INCONSISTENT.
2:33:26PM AND THEN I WANT TO TALK -- THIS IS MY ANECDOTAL.
2:33:30PM WE DID MEET WITH MR. CASPER EARLIER.
2:33:32PM HE TRIED TO FIND A WAY TO EXPLAIN TO US WHY THOUGHT THIS
2:33:35PM WOULD BE A GOOD THING.
2:33:36PM HE SAID WHAT CAN WE DO TO CONVINCE YOU THAT THIS IS GOOD FOR
2:33:39PM THE NEIGHBORHOOD.
2:33:41PM I SAID I'M NOT SURE HOW YOU CAN.
2:33:43PM YOU SEE WHERE I LIVE.
2:33:44PM YOU SEE WE'RE GOING TO HAVE NOISE, ODOR, LIGHT, ALCOHOL
2:33:50PM EVERY SINGLE DAY.
2:33:50PM THIS IS NOT THE WOMEN'S CLUB.
2:33:52PM THIS IS A BUSINESS.
2:33:53PM AND EVENTUALLY, MR. COOK, HIS ARCHITECT ACKNOWLEDGED, HOW
2:33:58PM ARE YOU POSSIBLY GOING TO DO IT?
2:34:00PM I GUESS THE ONLY WAY WE CAN STOP THIS FROM BECOMING AN
2:34:03PM INTRUSION INTO YOUR LIFE IS PUT A BUBBLE AROUND THE PROJECT.
2:34:07PM I DON'T SEE THAT BUBBLE IN THE PLAN AND, THEREFORE, I
2:34:09PM BELIEVE YOU CANNOT ESCAPE THE CONCLUSION THAT IS GOING TO BE
2:34:12PM AN INAPPROPRIATE INTRUSION INTO OUR LIVES AND IT SHOULD NOT
2:34:16PM BE APPROVED.
2:34:17PM THANK YOU.
2:34:26PM >> HELLO.
2:34:27PM LISA SHASTEEN, MEMBER OF THE BAR.
2:34:29PM RESIDENT OF BAYSHORE BEAUTIFUL.
2:34:31PM ALSO, I WANTED TO SAY, BECAUSE I KNOW DAVID SUGGESTED THAT
2:34:38PM EVERYBODY WHO'S A MEMBER OF THE BAR HERE IS GETTING PAID.
2:34:41PM I'M NOT GETTING PAID.
2:34:42PM I HAVEN'T BEEN PAID EVEN WHEN I SPOKE FOR MY CLIENTS I WAS
2:34:46PM NOT PAID.
2:34:46PM I DID THAT OUT OF THE GOODNESS OF MY HEART.
2:34:49PM THEY DID SIGN AN ENGAGEMENT LETTER, HOWEVER.
2:34:52PM SO I WANTED TO CLARIFY THAT.
2:34:53PM FIRST OF ALL, WITH RESPECT TO ALCOHOL, SINCE I'M KIND OF THE
2:34:58PM LAW PERSON HERE, I WOULD LIKE TO READ YOU A FEW MORE
2:35:02PM HIGHLIGHTS FROM THE MEMO YOU MIGHT WANT TO LOOK INTO.
2:35:04PM I WOULD SUGGEST I KNOW THIS IS A REALLY LONG HEARING AND I
2:35:08PM KNOW IT GETS TEDIOUS TO TRY TO LISTEN TO ALL OF THIS BUT
2:35:11PM PLEASE, THERE ARE SOME LEGAL STANDARDS HERE.
2:35:13PM I KNOW DAVID SMITH JUST SAID WE MISCHARACTERIZED EVERYTHING,
2:35:16PM I DON'T THINK SO.
2:35:17PM I THINK YOU NEED TO READ IT FOR YOURSELVES.
2:35:19PM MAKE SURE YOU AGREE.
2:35:20PM HERE'S WHAT WE WANT TO SAY ABOUT ALCOHOL.
2:35:24PM ASSUMING FOR THE SAKE OF ARGUMENT THAT A COMMERCIAL
2:35:27PM ENTERPRISE OF THE TYPE PROPOSED COULD EVER BE PERMISSIBLE
2:35:30PM USE IN R-10 OR RS-50 ZONING DISTRICT, AND IT CAN'T, UNDER NO
2:35:35PM CIRCUMSTANCES SHOULD A DEVELOPER BE PERMITTED TO SELL
2:35:38PM ALCOHOL BEVERAGES IN A COMMERCIAL ESTABLISHMENT IN THE
2:35:40PM MIDDLE OF THE NEIGHBORHOOD POPULATED BY RESIDENTS WHO ARE
2:35:43PM PROTECTED AS A MATTER OF SETTLED FLORIDA LAW FROM SUCH AN
2:35:46PM INFRINGEMENT ON THE COMFORT AND ENJOYMENT OF THEIRS HOMES
2:35:50PM WHICH IS PRECISELY WHAT WILL OCCUR IF THE STOVALL HOUSE LLC
2:35:54PM IS GIVEN AN UNBRIDLED RIGHT TO SELL ALCOHOLIC BEVERAGES ON
2:35:58PM 1.6 ACRES, WHICH IS 62% OF ITS 2.59-ACRE PROPERTY SEVEN DAYS
2:36:03PM A WEEK AND UNTIL LATE INTO THE EVENING HOURS WITHOUT REGARD
2:36:06PM OF THE RIGHTS OF HOMEOWNERS WHO WILL BE ADVERSELY IMPACTED
2:36:10PM BY SUCH ACTIVITIES.
2:36:12PM YOU'LL REMEMBER THE ALLAPATTAH STANDARD STATING THAT THOSE
2:36:18PM WHO OWN PROPERTY AND LIVE IN A RESIDENTIAL AREA HAVE A
2:36:21PM LEGITIMATE AND PROTECTABLE INTEREST IN THE PRESERVATION OF
2:36:25PM THEIR CHARACTER OF THEIR NEIGHBORHOOD AND ARE ENTITLED TO
2:36:28PM LIVE WITHOUT FEAR OF LOSING THE COMFORT AND ENJOYMENT OF
2:36:32PM THEIR HOMES.
2:36:33PM I DON'T KNOW WHAT YOU GUYS DO WHEN YOU GO HOME AT NIGHT BUT
2:36:35PM YOU PROBABLY KICK OFF YOUR SHOES, SWITCH ON THE TV, MAYBE
2:36:39PM EAT DINNER, TRY TO GET SOME SLEEP.
2:36:42PM TRY THAT WITH CARS BEEPING AND BEING DELIVERED AND PEOPLE
2:36:45PM LAUGHING UNDER YOUR WINDOW.
2:36:47PM WHEN ALCOHOL IS INVOLVED, YOU KNOW THIS IS GOING TO HAPPEN.
2:36:50PM THIS IS COMMON SENSE.
2:36:51PM THIS DOES NOT TAKE LEGAL PRECEDENT TO TELL YOU THIS.
2:36:54PM THIS IS WITHIN YOUR EXPERIENCE.
2:36:55PM IT'S IN MY EXPERIENCE.
2:36:58PM WHAT I'M SAYING IS THE MITIGATION THAT IS OFFERED A TINY
2:37:03PM WALL -- BY THE WAY, STAFF CONTINUES TO POINT TO COACHMAN
2:37:06PM AVENUE WHERE THERE'S A WALL.
2:37:08PM THERE'S NO WALL ON BAYSHORE COURT, BY THE WAY.
2:37:11PM THERE'S NOT JUST ONE SIDE TO THIS PROJECT.
2:37:13PM BUT NUMBER TWO, THERE'S A THOUSAND FEET HERE TO MITIGATE.
2:37:17PM GUYS, THIS IS A THOUSAND FEET.
2:37:18PM THAT GOES ALL THE WAY DOWN TO GANDY.
2:37:20PM SO YOU'RE TRYING TO SAY THAT A CONCRETE BLOCK WALL IS GOING
2:37:23PM TO DO IT?
2:37:25PM I DON'T THINK SO.
2:37:25PM THIS IS JUST COMMON SENSE.
2:37:27PM PLEASE DENY THIS ALCOHOLIC BEVERAGE APPLICATION.
2:37:36PM >> MR. CHAIRMAN, MEMBERS OF THE COUNCIL, DENNIS LEVINE.
2:37:39PM I OWN THE PROPERTY AT 2902 WEST COACHMAN, WHICH IS DIRECTLY
2:37:44PM BEHIND THE STOVALL PROPERTY.
2:37:45PM WE WOULD BE THE MOST IMPACTED FOLKS ALONG WITH THE PEOPLE ON
2:37:48PM BAYSHORE COURT.
2:37:51PM UNDER THE ZONING CODE TO OBTAIN A WAIVER OF RESIDENTIAL
2:37:53PM ZONING PROVISIONS, THE CASPERS HAVE THE BURDEN TO SHOW THE
2:37:56PM WAIVER, IF ALLOWED, WOULD NOT SUBSTANTIALLY INTERFERE WITH
2:38:00PM OR INJURE THE RIGHTS OF OTHERS WHOSE PROPERTY WOULD BE
2:38:03PM AFFECTED BY ALLOWANCE OF THE WAIVER.
2:38:05PM I WOULD SUBMIT THAT REDUCING THE ALCOHOL SETBACK FROM A
2:38:09PM THOUSAND FEET TO 50 FEET, THERE IS NO JUSTIFICATION FOR THAT
2:38:12PM AND THAT DOES NOT TAKE INTO ACCOUNT THE IMPACT ON THE
2:38:16PM NEIGHBORS, ESPECIALLY PEOPLE WHO LIVE IMMEDIATELY NEXT DOOR.
2:38:19PM EACH CITY COUNCIL MEMBER SHOULD TELL US ON THE RECORD YET
2:38:24PM BELIEVE THIS -- WHY THEY BELIEVE THIS UNPRECEDENTED REQUEST
2:38:27PM TO REDUCE THE SETBACK FOR ALCOHOL FROM 1,000 FEET TO 50 FEET
2:38:30PM IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD -- AND THERE IS
2:38:33PM NOTHING BUT RESIDENCES AROUND THERE -- WHY THAT SHOULD BE
2:38:37PM COMMITTED.
2:38:38PM JUST BECAUSE THEY MIGHT MEET THE MINIMUM REQUIREMENTS OF THE
2:38:42PM CITY CODE TO ALLOW THEM TO HAVE THIS PD DOESN'T MEAN YOU
2:38:46PM HAVE TO ALLOW THEM TO DO IT.
2:38:49PM YOU HAVE TO TAKE INTO ACCOUNT NOT ONLY WHAT THE NEIGHBORS
2:38:53PM HAVE TO SAY BUT THE IMPACT ON TRAFFIC AND OTHER THINGS.
2:38:56PM BUT LET'S TALK ABOUT THE ALCOHOL.
2:38:58PM THE STAFF REPORT FOUND THE USE OF ALCOHOL WAS INCOMPATIBLE.
2:39:02PM THIS IS THE SAME STAFF WHICH THE PETITIONER TELLS YOU THAT'S
2:39:06PM COMPETENT EVIDENCE, FOLKS.
2:39:08PM YOU HAVE TO TAKE WHAT THE STAFF TELLS YOU.
2:39:10PM WELL, THE STAFF SAYS THIS IS INCOMPATIBLE.
2:39:12PM SO THERE'S NO DISCUSSION OR DEBATE AT THE LAST HEARING AS TO
2:39:15PM WHY ALCOHOL SHOULD BE ALLOWED.
2:39:17PM IT WAS JUST VOTED ON.
2:39:19PM THERE'S NO COMPELLING REASON TO PERMIT ALCOHOL TO BE SERVED
2:39:23PM AT THIS CLUB.
2:39:23PM MR. CASPER WANTS TO HAVE A CLUB, LET HIM HAVE A CLUB, IF
2:39:23PM THAT'S WHAT YOU'RE GOING TO DO.
2:39:24PM I STRENUOUSLY OBJECT TO THAT.
2:39:24PM BUT ALLOWING TO SERVE ALCOHOL, WHY?
2:39:32PM FOR WHAT REASON?
2:39:33PM NOW, THERE ARE PROPERTIES IN THE NEIGHBORHOOD.
2:39:38PM WHEN IS THE LAST TIME THAT A RESIDENTIAL PROPERTY WAS
2:39:40PM REZONED TO ALLOW ALCOHOL?
2:39:42PM NEVER.
2:39:44PM CAN'T DO IT.
2:39:44PM THE LAST PROPERTY YOU DID WAS AT A COMMERCIAL ZONE.
2:39:48PM MacDILL.
2:39:52PM YOU HAVE KOJAK'S RIGHT ON GANDY.
2:39:55PM NOW YOU HAVE THE WOMEN'S CLUB.
2:39:57PM I'M SORRY, THE GARDEN CLUB.
2:39:58PM GREAT.
2:39:59PM ON ONE SIDE IS A SYNAGOGUE.
2:40:01PM THE OTHER SIDE IS A PARK.
2:40:03PM OTHER SIDE IS A STREET AND THE OTHER SIDE IS BAYSHORE.
2:40:06PM THIS IS IN THE MIDDLE OF A RESIDENCE.
2:40:09PM RESIDENCES ARE NEXT DOOR, 50 FEET AWAY.
2:40:12PM NO REASON AT ALL FOR YOU TO ALLOW ALCOHOL SALES AND
2:40:17PM CERTAINLY NOT WITHIN 50 FEET.
2:40:19PM I ADMIRE PAM IORIO, OUR FORMER MAYOR.
2:40:23PM SHE SAID YOUR JOB IS TO PROTECT THE NEIGHBORHOOD.
2:40:25PM A, ALLOWING ALCOHOL SALES AND, B, ALLOWING IT TO BE FROM
2:40:30PM 1,000, WHICH IS YOUR CODE, TO 50 FEET, YOU CANNOT DO THAT.
2:40:36PM AND IF YOU DO, WE NEED TO KNOW WHY.
2:40:41PM THANK YOU.
2:40:52PM >> MEMBERS OF COUNCIL, MR. CHAIRMAN, TOM DANAHY.
2:40:55PM 4611 SOUTH ESPERANZA HERE ALSO REPRESENTING MY PARENTS, PAUL
2:41:00PM AND GEORGIA DANAHY, 2902 WEST BAYSHORE COURT.
2:41:05PM I WOULD LIKE TO RESTATE AND REINCORPORATE MY FATHER'S
2:41:07PM PREPARED STATEMENT ALREADY ENTERED INTO THE RECORD IN WHICH
2:41:10PM HE ALSO OBJECTS TO THE SALE OF ALCOHOL AT THE TOP OF PAGE 2.
2:41:14PM YOU'VE HEARD FROM THE APPLICANTS AND YOUR STAFF HOW ALCOHOL
2:41:19PM SALES ARE CONSISTENT WITH THE TYPES OF PLANNED DEVELOPMENT
2:41:21PM OR SPECIAL USE ZONING CHANGES.
2:41:23PM BUT ALTHOUGH SUCH LAND USE CHANGES ARE NO WAY AGREED TO AND
2:41:28PM ARE NOT APPROPRIATE OR THAT ANY SPECIAL USE WOULD BE GIVEN
2:41:33PM IF THE PLANNED DEVELOPMENT IS DENIED, IT IS ALSO NOT AGREED
2:41:37PM THAT A LICENSE TO SELL ALCOHOL IS EFFECTIVELY THE SAME AS
2:41:40PM USING A CATERING LICENSE TO SERVE ALCOHOL TO THE GUESTS.
2:41:44PM WHATEVER THE DENIAL OF COMMERCIAL USE ARGUMENT TO SUPPORT
2:41:47PM THE DEVELOPMENT IS INDEFENSIBLE TO ARGUE THAT A LICENSE TO
2:41:52PM SELL ALCOHOL DOES NOT MEAN OTHERWISE.
2:41:56PM MY PARENTS MOVED TO THEIR HOME NEARLY 50 YEARS AGO PRECISELY
2:41:59PM BECAUSE THERE WERE NO COMMERCIAL BUSINESSES NEARBY AND HAVE
2:42:02PM SINCE PUT IN EXTENSIVE RENOVATIONS, DECIDED TO REMAIN THERE
2:42:05PM WELL INTO THEIR GOLDEN YEARS BECAUSE OF THIS.
2:42:09PM THIS ALCOHOL LICENSE PROVIDING A COMMERCIAL USE IS OBJECTED
2:42:16PM TO AS BEING IN DIRECT CONFLICT WITH THE STRICTLY RESIDENTIAL
2:42:20PM CHARACTER OF THIS NEIGHBORHOOD.
2:42:21PM UNDER FLORIDA LAW, YOU HEARD MY PARENTS HAVE A RIGHT TO
2:42:25PM EXPECT THE RESIDENTIAL CHARACTER NOT BE CHANGED WITHOUT
2:42:28PM THEIR APPROVAL.
2:42:29PM AND THEY OBJECT HERE.
2:42:32PM I ASK YOU TO REFUSE THE APPLICATION AS YOU SHOULD DO AND I
2:42:37PM HOPE THAT YOU WILL.
2:42:38PM THANK YOU VERY MUCH.
2:42:44PM >> GOOD AFTERNOON.
2:42:46PM KSENIA MAIBROUGH.
2:42:46PM 2903 WEST BAYSHORE COURT.
2:42:49PM I'LL KEEP MY COMMENTS BRIEF.
2:42:51PM TWO THINGS I WANTED TO POINT OUT TO YOU.
2:42:53PM ONE WAS, THERE WAS A DISCUSSION EARLIER OF THE LISTING OF
2:42:57PM OUR PROPERTY AND THE INCLUSION OF THE DISCLOSURE REGARDING
2:43:00PM THE STOVALL HOUSE IN THAT PROPERTY LISTING.
2:43:03PM I DO HAVE TO BRING TO YOUR ATTENTION THAT THAT DISCLOSURE IS
2:43:06PM REQUIRED BY LAW.
2:43:08PM SO ANYTHING THAT COULD MATERIALLY AFFECT THE VALUE OF THE
2:43:11PM PROPERTY, WHETHER THAT'S UPWARDS OR DOWNWARDS IS REQUIRED TO
2:43:15PM BE INCLUDED IN THE PROPERTY LISTING.
2:43:17PM NOW THE BROKER, LISA SHASTEEN MADE THE DECISION TO INCLUDE
2:43:21PM THAT IN THE LIGHT SHE FELT WAS MOST FAIR TO THE ACTUAL
2:43:26PM EVENTS OF WHAT'S GOING ON.
2:43:27PM SO THAT WAS ONE POINTED I WANTED TO COVER AND CLARIFY
2:43:30PM BECAUSE I DO WANT TO MAKE IT VERY CLEAR THERE WAS NOT AN
2:43:33PM ADVERTISEMENT ON OUR BEHALF FOR THIS PROJECT AND WE WERE
2:43:36PM REQUIRED BY LAW TO MAKE THAT DISCLOSURE.
2:43:38PM THE SECOND THING I WANTED TO COVER IS THE CONCEPT OF
2:43:42PM HISTORICAL PRESERVATION.
2:43:43PM WE SAW A NICE LITTLE VIDEO.
2:43:46PM SOME PEOPLE HAVE ENTERED TESTIMONY REGARDING THE NECESSITY
2:43:49PM TO PRESERVE THE STOVALL PROPERTY AS HISTORICALLY VALUABLE
2:43:53PM PROPERTY FOR THE CITY OF TAMPA.
2:43:54PM I COMPLETELY AGREE WITH THAT BUT MY QUESTION TO YOU IS, IF
2:43:58PM WE ARE CONCERNED WITH THE HISTORICAL PRESERVATION, WHY DOES
2:44:01PM THE STOVALL HOUSE NEED TO BE REIMAGINED?
2:44:04PM WHY DOES IT NEED TO BE REIMAGINED WITH THE ADDITION OF AN
2:44:07PM ALCOHOL LICENSE?
2:44:08PM IN FACT, WE KNOW FOR THE LAST 20 OR MORE YEARS, THE PREVIOUS
2:44:13PM OWNERS OF THE PROPERTY OWNED IT, MAINTAINED IT AS A PRIVATE
2:44:16PM RESIDENTIAL PROPERTY, RENOVATED IT AND KEPT IT TRUE TO ITS
2:44:20PM HISTORIC CHARACTER.
2:44:21PM I SUBMIT TO YOU THAT THE ADDITION OF OVER 60,000 SQUARE FEET
2:44:25PM OF ALCOHOL SALES IN NO WAY, SHAPE, OR FORM SUPPORTS THE
2:44:29PM HISTORIC CHARACTER OF THIS PROPERTY.
2:44:31PM IT WILL REQUIRE THE INTRODUCTION OF RENOVATIONS SUCH AS
2:44:35PM COMMERCIAL KITCHENS, SUCH AS ALCOHOL SERVICE AREAS, AND WILL
2:44:39PM EXPOSE THE PROPERTY TO THE DANGERS OF DESTRUCTION BY DRUNK
2:44:42PM PEOPLE.
2:44:43PM DO WE WANT THAT?
2:44:43PM IS THAT NECESSARY?
2:44:45PM IS IT CONSISTENT WITH THE NEIGHBORHOOD?
2:44:48PM AND IS IT SOMETHING IN THE BEST INTEREST OF THE CITY OF
2:44:50PM TAMPA?
2:44:51PM THANK YOU.
2:45:05PM >>MARTIN SHELBY: MR. GRANDOFF HAS SEVEN NAMES.
2:45:08PM MARY ESTES.
2:45:11PM THANK YOU.
2:45:11PM SUSAN CASPER.
2:45:12PM THANK YOU.
2:45:13PM SALLY WATERSTRAAT.
2:45:16PM THANK YOU.
2:45:16PM NANCY CAMPBELL.
2:45:17PM THANK YOU.
2:45:18PM LAURA LEE WESTER.
2:45:22PM THANK YOU.
2:45:23PM CYNTHIA MURRAY.
2:45:24PM AND SUSAN BOYD.
2:45:27PM THANK YOU.
2:45:30PM TEN MINUTES TOTAL.
2:45:34PM >>JOHN GRANDOFF: THANK YOU, MR. SHELBY.
2:45:36PM JOHN GRANDOFF, SUITE 3700, BANK OF AMERICA PLAZA.
2:45:40PM ON BEHALF OF MR. JENKINS WHO LIVES RIGHT HERE ON COACHMAN.
2:45:47PM AND YOU MAY ASK, WHAT IS 50 FEET TO A MAN WHO IS RETIRED,
2:45:53PM LIVING THE GOLDEN YEARS ACROSS THE STREET FROM THIS PROJECT?
2:45:57PM WHAT IS 50 FEET?
2:45:59PM 50 FEET IS ABOUT FROM THE GREAT DEAL OF THE CITY TO THAT
2:46:04PM SECOND ROW, WHERE MR. DANAHY IS STANDING.
2:46:08PM THAT'S 50 FEET.
2:46:13PM LESS THAN THAT TO NICHOLS AND SORIANO'S HOME.
2:46:20PM YOU SAW THE PHOTOGRAPH.
2:46:23PM HUNDRED FEET TO THE BAYSHORE LINEAR PARK.
2:46:26PM WELL, ALMOST TO THE END OF THE ROOM, THERE'S THE HUNDRED
2:46:31PM FEET.
2:46:31PM 69,000 SQUARE FEET, 1.6 ACRES, LARGE FACILITY, THE
2:46:42PM PETITIONER HAS NOT DISCLOSED, HAS REFUSED TO DISCLOSE, WILL
2:46:46PM NOT DISCLOSE THE MAXIMUM OCCUPANCY OF THIS FACILITY.
2:46:50PM THEY TOLD YOU THE PARKING REQUIREMENTS.
2:46:54PM THEY SAY THEY MEET THOSE, BUT THEY WILL NOT TELL YOU WHAT
2:46:57PM THE FIRE MARSHAL WILL PERMIT AS MAXIMUM OCCUPANCY.
2:47:00PM YOU KNOW FROM PREVIOUS ALCOHOL BEVERAGE APPLICATIONS, YOU
2:47:03PM HAVE TO POST ON THE PREMISES, ON THE WALL MAXIMUM OCCUPANCY.
2:47:12PM WHY WON'T THEY TELL US WHAT IS THE MAXIMUM OCCUPANCY?
2:47:15PM PLEASE ASK THAT QUESTION.
2:47:17PM MS. CAPIN WAS THE ARCHITECT OF THE ORDINANCE.
2:47:19PM THE REQUIRED MAXIMUM OCCUPANCY TO BE POSTED IN THE FACILITY
2:47:23PM THAT'S SERVING ALCOHOLIC BEVERAGES.
2:47:25PM STILL A MYSTERY.
2:47:27PM THE VIDEO IS NOT EVIDENCE.
2:47:29PM IT'S ALL FLUFF.
2:47:30PM IT'S VERY NICE.
2:47:32PM IT DOES NOT PROVE ENTITLEMENT TO THE WAIVERS.
2:47:37PM MR. CASPER SAYS IN THE VIDEO, QUOTE, SOCIAL SPACES ARE TO BE
2:47:41PM CELEBRATED AND SACRED IN TAMPA.
2:47:43PM CELEBRATED AND SACRED.
2:47:45PM WHAT ABOUT THE HOME OF MR. RICHARD JENKINS 50 FEET AWAY?
2:47:52PM THE HOME OF RETIRED STATE REPRESENTATIVE AND COURT OF
2:47:57PM APPEALS JUDGE PAUL AND MRS. DANAHY ON BAYSHORE COURT?
2:48:01PM THE HOME OF FRANCINE AND DENNIS LEVINE, ALSO WITHIN 50 FEET
2:48:06PM AND THE OTHERS WITHIN 50 FEET?
2:48:11PM ARE THEY NOT SACRED AND CELEBRATED?
2:48:13PM I WOULD SUBMIT TO YOU THAT THEY REACH A HIGHER LEVEL OF
2:48:17PM SACREDNESS AND CELEBRATEDNESS WAY ABOVE A COMMERCIAL
2:48:20PM APPLICATION CALLED STOVALL HOUSE, LLC.
2:48:23PM THE SITE PLAN PROVIDES NO INDICATION OF THE REQUIRED SECOND
2:48:38PM FRONT YARD ON COACHMAN.
2:48:40PM IT'S NOT FAIR.
2:48:41PM IN FACT, THE CROSSHATCH SHOWS THAT THE SALES GO ALL THE WAY
2:48:47PM TO THE PROPERTY LINE.
2:48:48PM COACHMAN HAS A SECOND FRONT YARD OF 30 FEET CORRESPONDING
2:48:52PM WITH THE 30 FEET THAT THEY HAVE SHOWN ON BAYSHORE.
2:48:55PM THERE'S NO INDICATION OF THAT ON THE SITE PLAN.
2:48:57PM THEY ARE VIOLATING THE BAYSHORE SECOND YARD ON COACHMAN.
2:49:03PM [ENCODER DROP]
2:49:10PM [ENCODER DROP]
2:49:12PM [ENCODER DROP]
2:49:22PM [ENCODER DROP]
2:49:28PM -- PROBABLY WHAT A HUNDRED FEET IS.
2:49:29PM LET'S LOOK AT A THOUSAND FEET.
2:49:31PM THIS GOES UP TO CHAPIN AND DOWN TO GANDY BOULEVARD AND TO
2:49:37PM MacDILL.
2:49:41PM REMEMBER THE MAP THAT ZHENYA NICHOLS SHOWED YOU ABOUT THE
2:49:43PM R-10 PLAN CATEGORY, THESE ARE SACRED AREAS.
2:49:46PM THESE ARE THE RESIDENTIAL DISTRICTS, THE RESIDENTIAL PLANNED
2:49:50PM CATEGORIES THAT MUST BE PROTECTED FROM ALCOHOLIC BEVERAGE
2:49:53PM SALES.
2:49:53PM RESIDENTS WHO ARE PROTECTED AS A MATTER OF SETTLED FLORIDA
2:50:00PM LAW FROM SOME INFRINGEMENT ON THE COMFORT AND ENJOYMENT OF
2:50:03PM THEIR HOMES IS PRECISELY WHAT WILL OCCUR IF STOVALL HOUSE IS
2:50:06PM GIVEN AN UNBRIDLED RIGHT TO SELL ALCOHOLIC BEVERAGES ON 1.6,
2:50:11PM 62% OF ITS 2.59-ACRE PROPERTY SEVEN DAYS A WEEK UNTIL LATE
2:50:16PM IN THE EVENING HOURS WITHOUT REGARDS TO THE RIGHTS OF
2:50:19PM HOMEOWNERS, ADVERSELY AFFECTED BY ACTIVITIES.
2:50:23PM REFERENCING THE ALLAPATTAH CASE ON PAGE 23 OF MY MEMO.
2:50:27PM PAGE 24, THE TOP BULLET POINT ON THE INTENT AND PURPOSE OF
2:50:30PM THE PLAN IS TO PROMOTE PUBLIC HEALTH, SAFETY, MORALS,
2:50:34PM CONVENIENCE, COMFORT, AMENITIES, PROSPERITY AND GENERAL
2:50:37PM WELFARE OF THE CITY.
2:50:39PM CONTINUING I SUMMARIZE ON PAGE 25, WAIVERS CONSTITUTE A
2:50:46PM DEPARTURE FROM THE ESSENTIAL REQUIREMENTS OF THE LAW.
2:50:49PM I JUST READ TO YOU THE ESSENTIAL REQUIREMENTS OF THE LAW FOR
2:50:54PM A MULTITUDE OF REASONS INCLUDING THE OBVIOUS FACT THAT THE
2:50:57PM PERMITTING ALCOHOL CONSUMPTION WITHIN 50 FEET OF
2:50:59PM MR. JENKINS' HOME AND WITHIN A HUNDRED FEET OF BAYSHORE
2:51:03PM BOULEVARD BEARS NO SUBSTANTIAL RELATIONSHIP TO THE PUBLIC
2:51:07PM HEALTH, SAFETY AND WELFARE.
2:51:09PM IT ALMOST BEGS THE QUESTION THAT A 950-FOOT WAIVER IS
2:51:13PM ADVERSE TO THE NEIGHBORHOOD.
2:51:15PM IF IT WAS THE REVERSE AND 950 FEET AWAY, YOU MIGHT
2:51:19PM UNDERSTAND WITH SOME EXTRA BUFFERING AND A WALL AND HOURS OF
2:51:23PM LIMITATION, BUT 50 FEET AWAY FROM THIS GENTLEMAN'S PRIDE,
2:51:31PM THAT IS NOT COMPETENT, SUBSTANTIAL EVIDENCE.
2:51:33PM PARDON ME FOR A MOMENT.
2:51:43PM THE PETITIONER HAS PUT ON NO EVIDENCE TO YOU THIS AFTERNOON
2:52:05PM THAT SHOWED YOU A VIDEO PHOTOGRAPH OF WHAT THEY DREAM IT TO
2:52:09PM BE.
2:52:10PM THAT IS NOT COMPETENT, SUBSTANTIAL EVIDENCE.
2:52:12PM IT IS NOT DEAL WITH THE OFF-SITE EFFECTS OF THE PROJECT.
2:52:16PM IT STILL LEAVES THE TRUCK ROUTE ISSUE WIDE OPEN BECAUSE
2:52:19PM TRUCKS WILL HAVE TO COME TO BRING THE ALCOHOLIC BEVERAGES TO
2:52:24PM AND FROM THE FACILITY, PLUS THE TRUCKS TOTING THE EMPTY
2:52:28PM BOTTLES OFF THE PROPERTY COMING RIGHT ACROSS THE STREET FROM
2:52:31PM MR. JENKINS HOME ON COACHMAN AVENUE.
2:52:35PM THE LANDSCAPE PLAN DOES NOT CURE THAT.
2:52:38PM HOURS OF OPERATION DO NOT CURE THAT.
2:52:44PM THEY'RE 50 FEET AWAY.
2:52:45PM I SUBMIT TO YOU THAT THE EVIDENCE IS SEVERELY LACKING.
2:52:47PM IT IS NOT COMPETENT.
2:52:48PM IT IS NOT SUBSTANTIAL.
2:52:49PM I RESPECTFULLY REQUEST THAT YOU DENY THE APPLICATION OF THE
2:52:53PM ALCOHOLIC BEVERAGE USE ON THIS PROPERTY.
2:52:55PM THANK YOU FOR YOUR TIME.
2:52:59PM >>FRANK REDDICK: ANYONE ELSE WISH TO SPEAK AT THIS TIME?
2:53:02PM ALL RIGHT.
2:53:04PM REBUTTAL.
2:53:10PM >> GOOD AFTERNOON.
2:53:11PM >>DAVID SMITH: DAVID SMITH, 401 EAST JACKSON STREET AGAIN.
2:53:15PM I WOULD LIKE TO COVER A COUPLE OF ISSUES BEFORE I GO THROUGH
2:53:19PM OTHER THINGS I THINK WE NEED TO CLARIFY.
2:53:21PM FIRST OF ALL, THERE'S CONFUSION REGARDING MAXIMUM OCCUPANCY.
2:53:23PM THAT IS A CATEGORY OF ANALYSIS THAT WAS MORE OR LESS IMPOSED
2:53:27PM UPON US BY STAFF BECAUSE THEY LOOK AT THE POTENTIAL.
2:53:30PM BEAR IN MIND, JUST LIKE THE YACHT CLUB WE ARE REZONING OR
2:53:34PM WET ZONING AREAS THAT ARE OUTSIDE SO THAT PEOPLE DO NOT WALK
2:53:37PM AROUND WITH A BEVERAGE IN THEIR HAND AND VIOLATE THE LAW.
2:53:41PM YOU HAVE TO WET ZONE OR HAVE A SPECIAL USE APPROVAL FOR ANY
2:53:44PM PROPERTY ON WHICH YOU INTEND TO SERVE OR SALE ALCOHOLIC
2:53:47PM BEVERAGES.
2:53:47PM SOMEONE WALKING OUTSIDE WITH A GLASS OF CHAMPAGNE AT A
2:53:51PM WEDDING WOULD BE IN VIOLATION IF WE DIDN'T INCLUDE THAT
2:53:54PM WITHIN THE S-2 PROPERTY.
2:53:55PM THIS IS NOT GOING TO BE SOME HUGE VENUE.
2:53:58PM IT IS GOING TO BE A FACILITY THAT'S USED PRIMARILY AS HAS
2:54:03PM BEEN PROMOTED AND ADVOCATED TO YOU.
2:54:05PM IT'S VERY RARE, IF EVER, WE'RE GOING TO HAVE MUCH MORE THAN
2:54:08PM 150 PEOPLE OUT THERE.
2:54:09PM THE OCCUPANCY IS NOT YET DETERMINED.
2:54:11PM THAT'S AN ITERATIVE PROCESS.
2:54:14PM EVEN BEEN -- ANYONE WHO HAS BEEN THROUGH THE PROCESS KNOWS
2:54:16PM THAT WE HAVE TO GO OUT THERE WITH THE FIRE MARSHAL.
2:54:19PM WE HAVE TO TALK ABOUT INGRESS AND EGRESS AND LOCATION OF
2:54:21PM INDIVIDUALS AND DETERMINE AN OCCUPANCY THAT'S PERMITTED
2:54:24PM UNDER THE FIRE MARSHAL.
2:54:25PM THAT IS A MAXIMUM NUMBER.
2:54:27PM SO THE IDEA THAT SOMEHOW WE'LL BE RUNNING 299 PEOPLE THROUGH
2:54:30PM THERE ON A CONSTANT BASIS, THAT IS A MISNOMER.
2:54:33PM THAT'S NOT ACCURATE.
2:54:34PM MAYBE ON THE FOUR EVENTS A YEAR, YES, AGAIN, DEPENDING UPON
2:54:38PM WHAT THE FIRE MARSHAL SAYS.
2:54:40PM I THINK WE NEED TO BE CAREFUL ABOUT THAT.
2:54:42PM ONE THING THAT I THINK IS IMPORTANT IS TO UNDERSTAND EXACTLY
2:54:47PM WHAT IT IS WE'RE SEEKING.
2:54:48PM YES, WE ARE SEEKING A WAIVER FROM A THOUSAND-FOOT
2:54:51PM REQUIREMENT, JUST LIKE MOST S-2 APPLICATIONS THAT COME
2:54:56PM BEFORE YOU, PARTICULARLY IN SOUTH TAMPA, BUT OFTEN IN THE
2:54:58PM CITY, BECAUSE WHAT HAS HAPPENED IN OUR GROWING COMMUNITY IS
2:55:02PM YOU HAVE DEVELOPMENT, SO YOU HAVE COMMERCIAL AND OTHER
2:55:05PM SOURCES OF ALCOHOL USES THAT ABUT UP AGAINST RESIDENTIAL.
2:55:08PM THIS IS NOT UNCOMMON.
2:55:09PM AS A MATTER OF FACT, AS YOU KNOW, YOU'VE GOT THE COLONNADE
2:55:12PM THAT USED TO BE ON BAYSHORE THAT HAD THAT VERY SITUATION.
2:55:16PM WE HAVE THE WOMEN'S CLUB ADVERTISING FOR THEIR OKTOBERFEST
2:55:19PM RIGHT NOW.
2:55:20PM BY THE WAY, IT WAS CONSTRUCTED IN 1971 AND IS AN RS-75
2:55:24PM DESIGNATION FOR ZONING PURPOSES.
2:55:26PM YOU'VE GOT THE GARDEN CLUB AND I'VE EVEN HAD A BEVERAGE AT
2:55:29PM SYNAGOGUE SHALOM.
2:55:32PM IT'S NOT UNCOMMON.
2:55:34PM LET'S LOOK AT HOW IT RELATES TO THE NEIGHBORHOOD.
2:55:36PM THIS IS A MAP OF THE NEIGHBORHOOD AND YOU'LL SEE THAT
2:55:48PM CIRCLE.
2:55:48PM THAT CIRCLE IS DETERMINING A DISTANCE FROM OUR SITE.
2:55:52PM IF YOU LOOK AT ALL OF THE PROPERTIES IN BLUE, ESSENTIALLY
2:55:55PM ALMOST A HALF OF THE NEIGHBORHOOD IS ALREADY WITHIN A
2:56:00PM 1,000-FOOT RADIUS OF OTHER ALCOHOL SERVING ESTABLISHMENTS.
2:56:05PM THIS IS NOT A UNIQUE SITUATION FOR NEIGHBORHOODS IN TAMPA.
2:56:08PM IT'S NOT EVEN A UNIQUE SITUATION FOR THIS NEIGHBORHOOD.
2:56:11PM IN FACT, YOU'LL NOTICE ON THE BOTTOM OF THIS, THE REMAINING
2:56:15PM PROPERTIES, I.E., THOSE THAT DO NOT HAVE SUCH A DISTANCE
2:56:20PM CLOSENESS ALREADY ARE 44% OF THE PROPERTIES OUT THERE.
2:56:23PM TO SUGGEST THAT THIS IS SOMEHOW AN ANOMALY THAT'S NEW TO
2:56:26PM THIS NEIGHBORHOOD DOESN'T SEEM TO COMPORT WITH THE REALITY
2:56:30PM OF THE DATA.
2:56:30PM IN ADDITION TO THAT, THERE HAS BEEN ARGUMENT MADE THAT WE
2:56:35PM HAVE NOT STATED THE BASES FOR MEETING THE CRITERIA.
2:56:40PM THAT'S NOT ACCURATE.
2:56:41PM YOU HAVE YOUR STAFF REPORT THAT HAS ANALYZED WHAT WE'RE
2:56:45PM DOING, THAT ESTABLISHES THAT WE, IN FACT, MEET THE CRITERIA.
2:56:48PM YOU HAVE THE ANALYSIS BY SUSAN MURPHY.
2:56:50PM IN ADDITION TO THAT YOU'VE GOT SEVERAL OTHER FACTORS.
2:56:53PM FOR EXAMPLE, IF YOU LOOK AT THE MITIGATION REQUIREMENTS THAT
2:56:59PM APPLY TO THE WET ZONING, AND I THINK YOU HAVE THOSE, WE'LL
2:57:05PM TALK ABOUT IT.
2:57:06PM WE'LL TOUCH BASE.
2:57:07PM NO AMPLIFIED NOISE OUTSIDE, HOURS OF OPERATION, LIMITATION
2:57:10PM ON OUTDOOR SALES, THE VARIETY OF THINGS YOU'VE HEARD AS
2:57:13PM SOMEHOW NOT INADEQUATE ARE, IN FACT, MITIGATED MEASURES.
2:57:15PM I WOULD SUBMIT TO YOU BASED UPON THE OTHER TYPES OF
2:57:18PM ESTABLISHMENTS IN OUR COMMUNITY THAT HAVE THESE KINDS OF
2:57:21PM THINGS IT IS AN ADEQUATE MITIGATIVE MEASURE.
2:57:23PM IN ADDITION TO THAT, YOU'VE GOT THE CRITERIA -- BY THE WAY,
2:57:26PM I OFTEN DON'T STICK TO THE ZONING BUT TRY TO STICK TO AB.
2:57:30PM ALTHOUGH YOU'VE GOT THE CONDITIONS ON THE SITE PLAN FOR
2:57:32PM ZONING, THEY ALSO SERVE AS MITIGATIVE MEASURES FOR ALCOHOL
2:57:35PM BEVERAGES.
2:57:35PM I'M TALKING ABOUT THE LIMITATIONS ON THE DRIVING OF TRUCKS
2:57:38PM AND THINGS OF THAT NATURE.
2:57:39PM SO WE HAVE SUBSTANTIAL MITIGATIVE MEASURES AND WE BELIEVE
2:57:44PM BASED UPON ALL THE ANALYSIS THAT YOU RECEIVED FROM YOUR
2:57:46PM STAFF, FROM OUR EXPERT AND THE TESTIMONY IN THE FIRST
2:57:49PM READING AND THIS READING, THE USE IS, IN FACT, COMPATIBLE
2:57:52PM WITH THE NEIGHBORHOOD, PARTICULARLY GIVEN THE CONCURRENT
2:57:55PM STATUS OF THE NEIGHBORHOOD.
2:57:57PM WHAT DOES COMPATIBLE MEAN?
2:57:58PM IT IS CAPABLE OF EXISTING TOGETHER IN HARMONY.
2:58:01PM CAPABLE, WITH THE RIGHT MITIGATIVE MEASURES, WITH THE RIGHT
2:58:04PM OPERATION, WITH THE RIGHT MANAGEMENT, WITH THE RIGHT
2:58:06PM ACTIVITY, AND I THINK WE KNOW THIS FACILITY WILL BE USED
2:58:09PM FOR.
2:58:09PM IT'S NOT GOING TO BE THIS HUGE EVENT CENTER LIKE YOU MIGHT
2:58:12PM HAVE OUT NEAR 56th STREET WHICH SERVES FOR GATHERINGS.
2:58:17PM THIS IS GOING TO BE PRIMARILY -- IT'S A PRIVATE CLUB WHICH
2:58:20PM IS ANOTHER HUGE MITIGATIVE MEASURE.
2:58:23PM YOU WON'T HAVE THE PUBLIC DECIDING AS THEY DRIVE DOWN
2:58:25PM BAYSHORE LET'S STOP IN FOR A POP.
2:58:27PM THAT'S NOT GOING TO HAPPEN.
2:58:28PM YOU CAN'T STOP IN FOR A POP.
2:58:30PM YOU HAVE TO BE THERE FOR AN EVENT SCHEDULED.
2:58:32PM YOU HAVE TO BE THERE BECAUSE YOU ARE A MEMBER OR GUEST.
2:58:35PM THESE ARE NOT A BUNCH OF JOE SIX-PACKS SITTING AROUND
2:58:38PM YELLING AT THE FOOTBALL FIELD.
2:58:40PM THIS IS A DIFFERENT TYPE OF USE.
2:58:41PM IT IS A USE THAT WE AS CITIZENS OF THE COMMUNITY I THINK
2:58:43PM WOULD WANT TO ENCOURAGE AND I THINK IT IS A USE
2:58:46PM SUBSTANTIALLY MITIGATED IN TERMS OF ITS IMPACT WITH THE
2:58:49PM SURROUNDING NEIGHBORHOOD.
2:58:50PM YES, THE PLUSH LANDSCAPING IS A HUGE FACTOR, AND IT IS IN
2:58:54PM ITSELF A SIGNIFICANT MITIGATION, BUT WE WILL HAVE TO COMPLY
2:58:58PM WITH THE NOISE ORDINANCE NO MATTER WHAT WE DO.
2:59:01PM IT'S A MISNOMER TO SUGGEST THIS SHOULD SOMEHOW NOT BE
2:59:05PM APPROVED BECAUSE IT'S GOING TO INCREASE THE NOISE.
2:59:09PM IT'S GOT TO COMPLY WITH THE NOISE ORDINANCE YOU ESTABLISHED
2:59:12PM AND WE HAVE TO COMPLY WITH AND PROVIDE ADDITIONAL MEASURES.
2:59:16PM I KNOW TRUETT HAS A FEW THINGS TO SAY.
2:59:19PM DO WE GET THE FULL 15?
2:59:23PM >>MARTIN SHELBY: DID THAT INCLUDE THE FIVE INITIAL?
2:59:25PM IT WAS JUST THE 15, WHAT WAS LEFT OF THE 15 WITHOUT THE
2:59:30PM FIVE.
2:59:32PM >>TRUETT GARDNER: I'LL BE BRIEF.
2:59:35PM AT THE FIRST READING, COUNCIL ASKED A QUESTION OF CITY
2:59:40PM ATTORNEY KRISTIN MORA, WHICH WAS CAN DRUNK DRIVING OR NOISE
2:59:43PM VIOLATIONS BE CONSIDERED IN YOUR DETERMINATION?
2:59:46PM THE ANSWER TO THAT WAS NO.
2:59:47PM WITH RESPECT TO MR. SMITH MENTIONED ALL OUR MITIGATING
2:59:51PM FACTORS, THE ISSUE OF NOISE WAS BROUGHT UP.
2:59:53PM AGAIN, YOU CAN'T CONSIDER THAT, BUT WE WENT ONE STEP
2:59:57PM FURTHER, AND THIS IS THE TYPE OF PERSON THAT BLAKE IS AND AS
3:00:01PM MANY PEOPLE SAID, CHARACTER SHOULDN'T MATTER, I THINK
3:00:06PM CHARACTER DOES MATTER AND THIS IS WHAT WE DID.
3:00:08PM WE ENGAGED A SOUND CONSULTANT.
3:00:12PM HE WANTED TO MAKE SURE THAT WITH WHAT HE WANTED TO DO IT
3:00:17PM WOULD NOT NEGATIVELY IMPACT THE NEIGHBORS.
3:00:19PM THE SOUND CONSULTANT WENT OUT AND DID A BASELINE
3:00:23PM DETERMINATION ON JUNE THE 14th AND THEN WENT BACK OUT
3:00:25PM AGAIN ON JUNE THE 26th.
3:00:27PM ON JUNE THE 26th WAS A DIRECT SIMULATION OF WHAT HE
3:00:31PM INTENDS TO DO.
3:00:32PM THERE WAS OUTDOOR MUSIC.
3:00:34PM THERE WERE OUTDOOR BARS.
3:00:35PM THERE WERE OUTDOOR FOOD STATIONS.
3:00:38PM WHAT THE DETERMINATION WAS ON BOTH THE BASELINE WITH NO
3:00:40PM EVENT AND WITH THE EVENT, THE DECIBEL LEVEL WAS KEPT TO
3:00:44PM 60-DECIBEL LEVELS.
3:00:45PM YOU ASKED WHAT THAT MEANS, THIS IS THE CHART, THAT IS A
3:00:50PM CONVERSATIONAL LEVEL.
3:00:51PM WE WILL COMMIT TO THAT LEVEL AND CITY STAFF WOULDN'T ALLOW
3:00:58PM THAT TO BE ON THE SITE PLAN BUT THAT'S OUR COMMITMENT.
3:01:01PM THAT IS THE CHARACTER OF MR. CASPER, AND I THINK HE WANTS TO
3:01:03PM CLOSE THIS HEARING.
3:01:10PM >> HI.
3:01:11PM BLAKE CASPER.
3:01:14PM MY WIFE AND I OWN THE PROPERTY AT 4621 BAYSHORE BOULEVARD.
3:01:18PM THANK YOU ALL FOR HEARING ALL OF THIS TESTIMONY FOR AND
3:01:22PM AGAINST.
3:01:23PM IT'S A REAL LESSON FOR ME TO SEE OUR CITY GOVERNMENT IN
3:01:27PM ACTION AND SEE HOW THOUGHTFUL AND HOW THOROUGH THE QUESTIONS
3:01:31PM AND HOW THOROUGH THIS PROCESS IS.
3:01:33PM WE CHOSE TO GO THIS ROUTE.
3:01:38PM WE CHOSE TO GO THE ROUTE.
3:01:43PM TRUETT WAS NICE ENOUGH TO TELL ME, GOSH, BLAKE, MAYBE YOU
3:01:47PM SHOULD DO THE SPECIAL PERMIT ROUTE.
3:01:49PM I SAID, NO, WE'LL GO THE PUBLIC ROUTE.
3:01:51PM I WANT THIS TO BE A PUBLIC DECISION AND I WANTED TO PUT IT
3:01:55PM FORWARD TO THE CITY COUNCIL TO DECIDE, IS THIS A GOOD THING
3:02:00PM FOR OUR CITY?
3:02:03PM IS THIS THE RIGHT THING FOR IT?
3:02:04PM YOU'VE HEARD FROM A LOT OF PEOPLE AGAINST AND YOU HEARD THE
3:02:09PM OTHER NIGHT A LOT OF PEOPLE THAT ARE FOR THIS.
3:02:11PM WHY I'M FOR IT, WHY MY WIFE IS FOR IT, WHY WE THINK THIS IS
3:02:15PM IMPORTANT IS THAT IT DOES SAVE A CREDIBLE ESTATE INTACT.
3:02:22PM SAVES A PIECE OF TAMPA HISTORY.
3:02:24PM I THINK IT PUTS IT TO A USE -- WHILE IT IS A PUBLIC AND THE
3:02:31PM PRIVATE RECREATIONAL SPACE IS NOT WHAT THE RESIDENTS ARE
3:02:34PM USING IT FOR TODAY, IT IS A VERY INTIMATE AND WILL BE A VERY
3:02:41PM PRIVATE SPACE.
3:02:44PM AND THE QUESTION OF PARKING CAME UP AND COUNCILMAN COHEN
3:02:47PM ASKED ABOUT THE PARKING SPACES, THERE'S ONLY 75 DINING
3:02:51PM SPACES IN THE DINING ROOM.
3:02:52PM SO 80 PARKING SPACES, WE'RE NOT GOING TO HAVE AN OVERFLOW OF
3:02:58PM PEOPLE IN THIS SETTING.
3:03:01PM AND WE CAN FOR GASPARILLA AND THESE BIG EVENTS, WE CAN JUST
3:03:05PM SHUT DOWN.
3:03:06PM WE'RE NOT OPEN.
3:03:07PM WE DO THE SAME THING AT THE OXFORD EXCHANGE.
3:03:10PM WE'RE NOT OPEN ON GASPARILLA.
3:03:11PM THAT'S THE KIND OF THING WE CAN DO AS THE OPERATORS OF
3:03:14PM SOMETHING LIKE THIS.
3:03:17PM SO WE HAVE THAT ABILITY.
3:03:19PM WE HAVE THAT ABILITY TO MAKE SURE THAT THE MEMBERS ARE NOT
3:03:22PM VIOLATING THE CONCERNS AND VIOLATING THE RULES THAT WE'RE
3:03:28PM GOING TO SET FORTH.
3:03:29PM YOU HAVE MY WORD THAT THIS WILL BE AN INCREDIBLE ASSET TO
3:03:36PM TAMPA AND THAT WE WILL OPERATE IT IN SUCH A MANNER AND WE
3:03:44PM WILL ENSURE THAT THE NEIGHBORHOOD IS PROTECTED.
3:03:48PM WITH THAT, I HOPE THAT WE CAN GET YOUR SUPPORT.
3:03:51PM THANK YOU.
3:03:53PM >>FRANK REDDICK: ALL RIGHT.
3:03:54PM COUNCIL, WE HAVE DISCUSSION.
3:04:02PM MS. CAPIN.
3:04:03PM >>YVONNE CAPIN: YES, MS. MOREDA.
3:04:14PM WE HAVE INDOOR SPACE OF 18,000 SQUARE FEET.
3:04:30PM CAN YOU TELL ME WHAT THAT CAPACITY IS PER OUR RULES?
3:04:35PM >>GLORIA MOREDA: YOU'RE TALKING ABOUT AS IT RELATES TO
3:04:38PM PARKING?
3:04:39PM >>YVONNE CAPIN: NO, AS IT RELATES TO OCCUPANCY.
3:04:42PM >>GLORIA MOREDA: THE OCCUPANCY INFORMATION ON THIS USE WOULD
3:04:45PM BE EVALUATED AT THE TIME OF PERMITTING.
3:04:47PM WE HAVE NOT DONE THAT REVIEW AT THIS POINT.
3:04:49PM >>YVONNE CAPIN: THAT WOULD BE LATER.
3:04:52PM >> THAT'S CORRECT.
3:04:54PM >>YVONNE CAPIN: THEY NEED TO UNDERSTAND WHAT THE FIRE
3:04:56PM MARSHAL ALLOWS AND WHAT WE ALLOW COULD BE VERY DIFFERENT
3:04:59PM THINGS.
3:05:00PM THAT'S WHY WE HAVE THE RULE TO POST WHAT THE OCCUPANCY TO
3:05:05PM SERVE ALCOHOLIC BEVERAGE IS, NOT WHAT THE FIRE MARSHAL SAYS,
3:05:10PM BUT WHAT WE DECIDE IT'S GOING TO BE.
3:05:13PM >> AS IT RELATES TO THIS USE, THE PARKING, WE EVALUATED FOR
3:05:20PM PARKING COMPLIANCE AND IT'S BASED ON THE FIVE PARKING SPACES
3:05:24PM PER THOUSAND, FOR THE RECREATIONAL FACILITY AS WELL AS THE
3:05:31PM BED-AND-BREAKFAST COMPONENT.
3:05:32PM THAT'S HOW PARKING IS EVALUATED FOR THIS PARTICULAR USE.
3:05:38PM WE DID NOT EVALUATE IT FOR OCCUPANCY LIKE A RESTAURANT WOULD
3:05:43PM BE.
3:05:43PM IN TERMS OF THE USE, THE LARGE VENUE, IT ALLOWS FOR OVER 300
3:05:54PM OCCUPANCY.
3:05:55PM >>YVONNE CAPIN: THE INDOOR OR THE ENTIRE SPACE?
3:06:00PM >> THE SPECIAL USE CATEGORY THAT THEY'VE ASKED FOR, THE
3:06:03PM LARGE VENUE, ASSUMES THAT THEY ARE GOING TO BE OVER 300.
3:06:09PM >>YVONNE CAPIN: OKAY.
3:06:10PM IT ASSUMES THAT.
3:06:11PM THE DINING ROOM HE SAID IS SEATING FOR 75 OR 75, THE DINING.
3:06:26PM >>FRANK REDDICK: BEFORE YOU DO THAT, MS. MOREDA, WOULD YOU
3:06:28PM STATE YOUR NAME FOR THE RECORD?
3:06:31PM >>GLORIA MOREDA: GLORIA MOREDA, LAND DEVELOPMENT.
3:06:33PM >>YVONNE CAPIN: THANK YOU, GLORIA.
3:06:35PM I'M SORRY.
3:06:35PM I GOT THE HORSE --
3:06:37PM >>RYAN MANASSE: RYAN MANASSE, LAND DEVELOPMENT.
3:06:39PM AGAIN, LIKE MS. MOREDA SAID, WE'RE NOT BASING OFF THE FLOOR
3:06:42PM PLAN OF THE RESTAURANT FOR THE PARKING.
3:06:44PM THAT WOULD BE THE APPLICANT PROVIDING YOU THE INFORMATION IN
3:06:48PM HIS STATEMENT.
3:06:49PM FOR OUR REVIEW, IT WASN'T RELEVANT.
3:06:54PM >>YVONNE CAPIN: THANK YOU.
3:06:55PM BUT HE DID MAKE THAT STATEMENT.
3:06:56PM I UNDERSTAND THERE'S NO OUTDOOR AMPLIFIED SOUND.
3:07:01PM >>RYAN MANASSE: THEY STATED THAT ON THE SITE PLAN.
3:07:04PM IT'S NOT PART OF THE SPECIAL USE CONDITIONS REQUIRED.
3:07:06PM I BELIEVE THE APPLICANT DID THAT THROUGH SOME MEETINGS WITH
3:07:10PM THE NEIGHBORS MINUS A FEW OF THE DAYS STATED ON THE SITE
3:07:14PM PLAN FOR TEMPORARY SPECIAL EVENTS.
3:07:26PM >>YVONNE CAPIN: IT WAS STATED, AND I TEND TO AGREE THAT IT
3:07:30PM IS VERY DIFFICULT IN THE CITY TO APPLY THE 1,000 FEET.
3:07:37PM IT IS VERY, VERY DIFFICULT.
3:07:39PM WE'VE HAD THAT DISCUSSION WITH STAFF PRIVATELY WHEN THEY
3:07:45PM COME TO US TO EXPLAIN DIFFERENT ASPECTS OF WHAT'S GOING ON.
3:07:51PM IT'S ALMOST IMPOSSIBLE.
3:07:52PM SO THAT HAS HAPPENED BEFORE.
3:07:56PM SO IT'S NOT SOMETHING THAT'S NEW TO THIS COUNCIL.
3:08:00PM WE HAVE IN THE PAST WAVERED THE THOUSAND FEET BECAUSE IT'S
3:08:08PM ALMOST IMPOSSIBLE.
3:08:11PM AS FAR AS ONE OF THE THINGS THAT CAME TO MY MIND BEFORE IT
3:08:14PM WAS EVEN STATED WAS THE COLONNADE, WAS THE YACHT CLUB.
3:08:19PM ALL OF THOSE LOCATIONS.
3:08:20PM I'M NOT ASKING YOU.
3:08:21PM I'M STATING.
3:08:23PM I'M STATING, HEARING ALL THE DISCUSSION THAT HAS GONE ON.
3:08:27PM I APPRECIATE THE NO OUTDOOR AMPLIFIED SOUND.
3:08:34PM THAT'S ONE OF THE THINGS THAT WHEN IT COMES TO NEIGHBORHOODS
3:08:37PM I'M VERY STICKLER ABOUT.
3:08:40PM AND AS FAR AS ALCOHOL, YOU KNOW, I REMEMBER WHEN DATZ CAME
3:08:48PM TO US AND HIS COMMENT TO US WAS THEY WANTED TO PROCEED --
3:08:53PM THEY HAD BEER AND WINE.
3:08:55PM THEY WANTED SPIRITS BECAUSE COCKTAILS.
3:08:57PM YOU KNOW WHAT HE SAID TO US?
3:08:59PM BECAUSE COCKTAILS ARE THE AMERICAN WAY.
3:09:01PM PEOPLE SERVE ALCOHOL IN THEIR HOMES.
3:09:05PM THEY HAVE PARTIES IN THEIR HOMES.
3:09:07PM WE CANNOT SIT HERE AND PRESUME THAT SOMEONE IS GOING TO GET
3:09:15PM DRUNK AND DRIVE.
3:09:16PM WE CAN'T DO THAT.
3:09:18PM IT IS THE LAW.
3:09:20PM IT IS ALLOWED.
3:09:21PM THE HOURS OF OPERATION IS CONSISTENT WITH THE CHAPTER 14.
3:09:27PM THAT IS WHAT WE ALLOW IN THE CITY OF TAMPA.
3:09:30PM I'VE SAID TO MY COLLEAGUES, YOU WANT TO CHANGE IT, CHANGE
3:09:34PM IT.
3:09:34PM IT'S NOT CHANGED, THAT THAT'S WHAT IT IS.
3:09:38PM I'M A PROPONENT OF FOLLOWING THAT.
3:09:39PM BECAUSE SHOULD WE CHANGE IT, THAT HAS TO GO ALONG.
3:09:43PM WHEN YOU GRANT CERTAIN HOURS ON THE SITE PLAN, THEY STAY
3:09:48PM WITH THOSE HOURS.
3:09:49PM THIS CAN CHANGE AT ANY TIME.
3:09:51PM MAYBE, MAYBE NOT.
3:09:52PM BUT I WANT EVERYONE TO KNOW THAT THAT IS WHAT IS ALLOWED IN
3:09:56PM THE CITY OF TAMPA.
3:09:57PM THAT'S WHAT WE ALLOW.
3:09:58PM IF THEY WANTED TO ADD HOURS OF OPERATION, I DON'T KNOW.
3:10:03PM I DIDN'T SEE ANYTHING ON THERE THAT THEY PROPOSE HOURS OF
3:10:08PM OPERATION.
3:10:09PM >>RYAN MANASSE: AND THEY ARE NOT REQUIRED.
3:10:12PM >>YVONNE CAPIN: NO, THEY ARE NOT.
3:10:13PM I NOTICED THAT.
3:10:14PM THAT'S WHAT I'VE TAKEN AWAY FROM HERE.
3:10:16PM I'M DONE.
3:10:19PM THANK YOU.
3:10:20PM >>FRANK REDDICK: MR. MANISCALCO.
3:10:21PM >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
3:10:23PM A LOT OF THE QUESTIONS THAT I HAD WERE ASKED PREVIOUSLY BY
3:10:27PM COUNCILMAN COHEN AND SOME OF THE CONCERNS THAT I HAD, NUMBER
3:10:30PM ONE, THE PARKING, OF COURSE, THAT WAS ANSWERED WITH THE
3:10:34PM VALET.
3:10:35PM NO AMPLIFIED MUSIC, ANOTHER CONCERN, EXCEPT FOR THE FOUR
3:10:38PM DAYS WHEN THEY WOULD BE ALLOWED TO DO SO.
3:10:42PM THE TRUCKS GOING IN AND OUT.
3:10:44PM WE HEARD THE COLD STORAGE AS AN OFF-SITE LOCATION SO THE
3:10:50PM FOOD ITEMS AND WHATNOT WOULD BE BROUGHT IN BY THE SMALLER
3:10:53PM TRUCKS THAT WERE SHOWN.
3:10:54PM THAT'S REALLY IT.
3:10:57PM I THINK OF THE COLONNADE THAT WAS BROUGHT UP, AS
3:11:00PM COUNCILWOMAN CAPIN BROUGHT UP, THAT WAS ALWAYS PACKED
3:11:04PM GROWING UP.
3:11:05PM SERVING RIGHT ON BAYSHORE.
3:11:06PM SERVING ALCOHOL.
3:11:07PM TYPICAL COMMERCIAL RESTAURANT.
3:11:09PM SO SAYING THAT IT CREATES A PRECEDENT WHEN WE'VE ALREADY HAD
3:11:12PM THIS IN THE PAST, YOU KNOW, I DON'T FOLLOW THAT.
3:11:17PM THAT'S IT.
3:11:18PM THANK YOU.
3:11:23PM >>CHARLIE MIRANDA: JUST LOOKING AT IT, NO ONE IS QUESTIONING
3:11:26PM ANYONE'S INTEGRITY OR WHAT THEIR INTENTION IS OR WHAT IT IS.
3:11:31PM DURING THE HEARING I KEPT TELLING MYSELF, WHERE ELSE WOULD
3:11:33PM IT FIT?
3:11:34PM PUT IT IN HARBOUR ISLAND?
3:11:35PM ANSWER CAME BACK NO.
3:11:38PM PUT IT ON DAVIS ISLAND?
3:11:39PM ANSWER CAME BACK, NO.
3:11:40PM CULBREATH ISLE, ANSWER CAME BACK NO.
3:11:43PM CAN YOU EVEN PUT IT IN WEST TAMPA?
3:11:45PM THE ANSWER CAME BACK NO.
3:11:46PM CAN YOU PUT IT IN EAST TAMPA?
3:11:48PM NO.
3:11:49PM WELL, WHERE CAN YOU PUT IT AT?
3:11:52PM I LOOK AT BAYSHORE BOULEVARD AS ONE OF THE MOST SCENIC
3:11:57PM ROUTES MAYBE IN THE COUNTRY.
3:11:58PM IT HAS AMBIENCE OF TAMPA, MAJOR CORRIDOR TRAFFIC-WISE,
3:12:07PM ST. PETE AND THE WESTERN-MOST PART OF THE GREAT AREA THAT WE
3:12:10PM LIVE IN COMING, ABOUT 43,000 CARS GO THROUGH THERE EVERY
3:12:14PM DAY.
3:12:15PM I SYMPATHIZE AND TELL MYSELF, I DON'T UNDERSTAND THE
3:12:21PM PERIMETERS OF WHY, WHEN, AND WHERE.
3:12:25PM I CAN ONLY TELL YOU THAT I JUST HAVE A FEELING THAT THE
3:12:28PM COMMERCIAL USE WITHIN A RESIDENTIAL DISTRICT IS NOT THE BEST
3:12:33PM USE FOR THAT PROPERTY.
3:12:35PM WHEN YOU LOOK AROUND AND YOU SAY WHAT ARE YOU GOING TO DO
3:12:39PM AND HOW ARE YOU GOING TO FIX IT?
3:12:41PM YOU KNOW, THE PLANNING COMMISSION AND THE CITY STAFF, THEY
3:12:45PM MAKE RECOMMENDATIONS.
3:12:46PM THEY DON'T MAKE APPROVALS.
3:12:49PM THIS WAS EVIDENCE OF NOT TOO LONG AGO, ONE OF THEM APPROVED
3:12:53PM IN WRITING SOMEWHERE IN THE GOOD AREA OF CAUSEWAY AND
3:12:59PM HEADING TO CLEARWATER, LAND THAT WAS UNDERWATER TO BE FILLED
3:13:03PM AND DRAINED AND BUILT.
3:13:06PM THAT WAS A RECOMMENDATION.
3:13:08PM THIS COUNCIL DID NOT APPROVE THAT.
3:13:12PM I'M NOT ASKING ANYBODY TO VOTE.
3:13:13PM I VOTE FOR MYSELF.
3:13:14PM AS I LOOK AROUND, WHEN SOMETHING HAS TO BE DEBATED FOR MAYBE
3:13:20PM SIX AND A HALF, SEVEN HOURS AND NOW AGAIN, FOUR OR FIVE
3:13:23PM HOURS, AND THAT DOESN'T BOTHER ME.
3:13:25PM WHAT I'M CONCERNED ABOUT IS WHEN YOU HAVE THIS DEBATE --
3:13:32PM THIS MUCH DEBATE, THERE'S SOMETHING WRONG SOMEWHERE AND I
3:13:34PM CAN'T QUITE FIGURE IT OUT.
3:13:36PM THERE'S SOMETHING THAT DOESN'T JIBE.
3:13:38PM WHEN YOU SEE THE AMOUNT OF PARKING, 80 OR AMOUNT OF PEOPLE,
3:13:41PM WHATEVER IT IS, THAT'S BASED ON TODAY.
3:13:45PM BUT WHEN YOU ALCOHOL ZONE A LAND, THAT IS FOREVER.
3:13:49PM AND NONE OF US LIVE FOREVER.
3:13:51PM BUT THE ALCOHOL ZONING STAYS FOREVER.
3:13:53PM AND THAT'S WHAT BOTHERS ME, THAT PRESENT OWNERS, I AND ALL
3:14:02PM COUNCIL MEMBERS, WE'RE NOT GOING TO BE HERE IN THE NEXT 50,
3:14:05PM 100 YEARS.
3:14:06PM MAYBE IN MY CASE IT'S 5 MINUTES.
3:14:09PM [ LAUGHTER ]
3:14:09PM BUT WHAT I'M TRYING TO SAY THAT IS FOREVER.
3:14:14PM SO FOREVER IS REALLY FOREVER.
3:14:19PM BUT WHAT DO YOU DO THEN?
3:14:21PM WHAT HAPPENS WHEN THE NEXT ONE COMES IN?
3:14:23PM THERE'S ALWAYS THE NEXT ONE.
3:14:25PM I DON'T TAKE THE HOUSE NEXT DOOR, THE ADVERTISING, WHATEVER
3:14:30PM THEY WANT TO SELL IT FOR, I DON'T CONSIDER THAT EVIDENCE FOR
3:14:33PM OR AGAINST.
3:14:34PM THAT'S SOMEBODY ELSE'S PROPERTY THAT'S NOT LISTED TODAY FOR
3:14:36PM US TO DEBATE.
3:14:37PM I LOOK AND I TELL MYSELF, 69,000-SQUARE-FOOT AREA IS A LOT
3:14:45PM OF LAND.
3:14:47PM AND ALL OF IT WILL BE CALLED ALCOHOL ZONE.
3:14:51PM WHAT HAPPENS TOMORROW?
3:14:52PM ANYBODY GOT AN ANSWER?
3:14:55PM YOU BETTER NOT BECAUSE YOU'RE NOT GOING TO BE HERE.
3:14:59PM THAT'S WHAT BOTHERS ME.
3:15:01PM THANK YOU, MR. CHAIRMAN.
3:15:06PM >>LUIS VIERA: WE CAN SPEAK ON BOTH ORDINANCES NOW.
3:15:08PM THAT'S WHAT I THOUGHT.
3:15:09PM SOMETHING THAT COUNCILMAN MIRANDA'S POINTS GET TO, A LOT OF
3:15:12PM THE THINGS WE VOTE ON IN THIS BODY, IT'S NOT NECESSARILY
3:15:16PM BLACK AND WHITE.
3:15:17PM THERE'S GRAY.
3:15:18PM THERE ARE A LOT OF THINGS YOU HAVE TO JUDGE AND WEIGH AND
3:15:20PM YOU'RE NOT DEALING WITH THINGS 100% ON ONE SIDE OR 100% ON
3:15:25PM THE OTHER SIDE.
3:15:26PM YOU HAVE TO HAVE A BALANCING TEST AND USE OUR OWN JUDGMENT
3:15:30PM IN ACCORDANCE WITH THE FIELD OF LAW, ET CETERA, THAT WE HAVE
3:15:34PM TO CONSIDER THAT.
3:15:36PM ULTIMATELY, I BELIEVE THAT NUMBER ONE, SOMETHING THAT
3:15:38PM MR. LEVINE HAD INDICATED WHICH IS WE OWE THE PUBLIC A VERY
3:15:44PM SPECIFIC EXPLANATION FOR WHY WE VOTE AND HOW WE PLAN TO VOTE
3:15:48PM TODAY AND OUR RATIONALE, ET CETERA.
3:15:50PM OBVIOUSLY, FOR THE LAST HEARING WE ENDED AT ABOUT 1:30.
3:15:54PM EMOTIONS WERE RUNNING HIGH.
3:15:55PM I THINK WE DID OUR VOTE.
3:15:57PM CERTAINLY, I KNOW I SPEAK FOR ALL MY COLLEAGUES WHEN I SAY
3:16:00PM OBVIOUSLY THAT WAS NO DISRESPECT TO ANYBODY BECAUSE I NOTED
3:16:03PM THAT, HEARD A FEW TIMES.
3:16:05PM PERSONALLY, I BELIEVE THAT THE COMPETENT SUBSTANTIAL
3:16:08PM EVIDENCE HERE SUPPORTS THIS ENDEAVOR.
3:16:10PM I'VE LOOKED AT ALL THE MATERIALS THAT WE'VE HAD HERE BEFORE
3:16:14PM US ET CETERA AGAIN.
3:16:15PM THIS IS NOT A MATTER OF BEING BLACK OR WHITE.
3:16:18PM THERE CERTAINLY IS GRAY.
3:16:19PM THAT IS THERE ARE DIFFERENT AREAS ON BOTH SIDES.
3:16:23PM THE CONDITIONS AND PROTECTIONS THAT HAVE BEEN PLACED TO
3:16:26PM PROTECT THE NEIGHBORHOOD BY THE APPLICANT CANNOT BE IGNORED.
3:16:30PM I BELIEVE THEY ARE VERY, VERY SUBSTANTIAL AND WILL REALLY,
3:16:33PM REALLY GO A LONG WAY IN ORDER TO ADDRESS SOME OF THE
3:16:36PM CONCERNS THAT HAVE BEEN BROUGHT UP TODAY.
3:16:38PM VERY EARNEST CONCERNS BY THE NEIGHBORHOOD THAT CANNOT AND
3:16:41PM WILL NOT BE IGNORED.
3:16:42PM THE PROJECT ITSELF IS ONE THAT IS CERTAINLY AMBITIOUS.
3:16:46PM IT IS ONE THAT ASIDE FROM THE COMPETENT AND SUBSTANTIAL
3:16:49PM EVIDENCE THAT WE HAVE HERE TODAY I THINK CERTAINLY MOVES ALL
3:16:54PM OF OUR CITY FORWARD, INCLUDING THE BAYSHORE AREA.
3:16:57PM WHEN WE LOOK AT BAYSHORE, IT'S REALLY ONE OF THE -- IT'S
3:17:01PM PROBABLY THE CROWN JEWEL OF THE CITY OF TAMPA SINCE I'VE
3:17:04PM BEEN A KID I'VE ALWAYS MARVELED -- AND I GREW UP IN TEMPLE
3:17:07PM TERRACE -- BUT I ALWAYS MARVELED AT THE BEAUTY OF BAYSHORE.
3:17:11PM IT'S A PERFECT COMBINATION OF ENVIRONMENTAL STEWARDSHIP AND
3:17:14PM SOUND RESIDENTIAL PLANNING.
3:17:16PM AND I THINK THAT THIS ENDEAVOR IN NO WAY WILL ULTIMATELY
3:17:20PM UNDERMINE THAT.
3:17:21PM IT IS SOMETHING THAT MOVES US FORWARD.
3:17:24PM LIKE A LOT OF ENDEAVORS LIKE THIS, IT'S SOMETHING THAT IS
3:17:27PM CONTESTED.
3:17:28PM IT'S SOMETHING THAT IS DIVISIVE AS WE'VE SEEN HERE TODAY AND
3:17:32PM AT THE LAST HEARING, BUT ULTIMATELY IT'S UP TO ELECTED
3:17:35PM OFFICIALS WITH CONSTITUENTS, INFORMATION, GUIDANCE,
3:17:40PM ET CETERA, AND GUIDED BY THE CODE, ET CETERA, TO MAKE THAT
3:17:44PM DECISION, WE ARE A CITY THAT LISTENS.
3:17:47PM WE ARE A CITY THAT ALSO HAS ACCOUNTABILITY.
3:17:50PM ACCOUNTABILITY FROM CONSTITUENTS TO ELECTED OFFICIALS FOR
3:17:53PM THE DECISIONS WE MAKE HERE TODAY.
3:17:55PM WE SHOULD BE HELD ACCOUNTABLE FOR THOSE DECISIONS.
3:17:58PM AND I CERTAINLY INCLUDE MYSELF IN THAT.
3:18:00PM THE PETITIONER AND THE APPLICANT SHOULD ALSO BE HELD
3:18:05PM ACCOUNTABLE FOR THE PROMISES MADE TO THE NEIGHBORHOOD, A
3:18:08PM NEIGHBORHOOD THAT IS A JEWEL OF THE CITY OF TAMPA.
3:18:10PM IT REALLY IS, AND THAT ACCOUNTABILITY SHOULD CERTAINLY BE
3:18:14PM AFFIRMED THROUGHOUT THIS PROCESS.
3:18:16PM SO THAT'S MY HOPE.
3:18:18PM THAT'S SOME OF MY RATIONALE.
3:18:21PM I'LL PROBABLY CHIME IN A LITTLE BIT BUT JUST MY ADDITIONAL
3:18:24PM THOUGHTS.
3:18:25PM THANK YOU.
3:18:25PM >>FRANK REDDICK: MR. COHEN.
3:18:27PM >>HARRY COHEN: THANK YOU VERY MUCH.
3:18:28PM A LOT HAS BEEN SAID HERE.
3:18:35PM I REALLY WRESTLED WITH THE QUESTION ALL SUMMER LONG SINCE
3:18:38PM THE PROPOSAL FIRST CAME AND I READ THE STAFF REPORT WITH
3:18:41PM GREAT INTEREST.
3:18:43PM AFTER OUR LAST HEARING, I WANT EVERYONE TO KNOW I WENT BACK
3:18:46PM TO THE VERY BEGINNING AND REVIEWED EVERYTHING AGAIN,
3:18:48PM INCLUDING ALL OF THE LETTERS I'VE GOTTEN AND ALL OF THE
3:18:52PM CORRESPONDENCE THAT HAVE COME AND SOME HAVE BEEN REALLY
3:18:56PM DIFFICULT FOR ME TO READ, AS I'M SURE YOU MIGHT IMAGINE.
3:18:59PM I WANT TO GO BACK, THOUGH, TO THE ISSUE THAT I RAISED
3:19:03PM EARLIER ABOUT THE LOOPHOLE THAT I WAS TALKING ABOUT FOR
3:19:06PM CATERING SERVICES TO PROVIDE ALCOHOL AT THESE TYPES OF
3:19:12PM VENUES.
3:19:12PM IT OCCURS NOW ON BAYSHORE AND IT OCCURS IN PLENTY OF OTHER
3:19:17PM PLACES IN THE CITY.
3:19:18PM I WENT TO A COMMUNITY EVENT RECENTLY AT A CITY-OWNED
3:19:22PM RECREATIONAL CENTER AND A CATERER WAS PROVIDING ALCOHOL WITH
3:19:26PM ABSOLUTELY NO RESTRICTIONS.
3:19:27PM THE CONDITIONS THAT WE TALKED ABOUT THAT ARE ATTACHED TO THE
3:19:33PM ALCOHOL APPROVAL, WHICH SPECIFICALLY INCLUDE THE NO
3:19:38PM AMPLIFIED SOUND, THE RESTRICTION ON THE HOURS OF CONSUMPTION
3:19:44PM OUTSIDE 10 P.M. DURING THE WEEK AND MIDNIGHT ON FRIDAY AND
3:19:49PM SATURDAY, THOSE RESTRICTIONS WOULD NOT EXIST IF THIS WERE TO
3:19:54PM GO THE ROUTE OF THE CATERING COMPANY PROVIDING THE ALCOHOL.
3:19:59PM THE ONLY WAY TO DEAL WITH SOME OF THE CONCERNS THAT HAVE
3:20:05PM BEEN RAISED BY THE NEIGHBORHOOD IS BY THIS TYPE OF AN
3:20:11PM APPROVAL.
3:20:11PM IF WE DENY IT, IF WE DENY IT, THERE IS A WAY TO SELL ALCOHOL
3:20:17PM ANYWAY AND TO DO SO WITHOUT RESTRICTION AND IN A WAY THAT WE
3:20:21PM CANNOT REGULATE.
3:20:23PM COUNCILMAN MIRANDA SAID THAT THIS IS PERMANENT, THAT THIS IS
3:20:27PM FOREVER.
3:20:28PM HOWEVER, IF THESE CONDITIONS ARE NOT LIVED UP TO, CITY
3:20:31PM COUNCIL HAS THE RIGHT TO REVOKE THE APPROVAL.
3:20:35PM WE DO NOT HAVE THE RIGHT TO GO IN AND DO ANYTHING ABOUT A
3:20:39PM CATERING SERVICE THAT PROVIDES ALCOHOL AND VIOLATES THE
3:20:42PM RULES.
3:20:42PM WE HAVE ABSOLUTELY NO ABILITY TO REGULATE IT AT ALL.
3:20:46PM I'M VERY, VERY TORN BECAUSE I UNDERSTAND THAT BENEATH THE
3:20:52PM EMOTION OF THIS SITUATION, THE REALITY IS THAT WITHOUT
3:20:56PM IMPOSING CONDITIONS AND DOING IT UNDER THIS TYPE OF A
3:21:00PM FORMULATION WE'RE GOING TO TOTALLY LOSE CONTROL OF THE
3:21:03PM SITUATION.
3:21:04PM SO MY BELIEF IS THAT IT'S BETTER TO SET THE GUIDELINES HERE,
3:21:08PM SET THEM IN A WAY THAT IS CONCRETE AND ENFORCEABLE BY THE
3:21:15PM CITY AS OPPOSED TO JUST ALLOW NATURE TO TAKE ITS COURSE AND
3:21:19PM ALLOW THIS CATERER TO COME IN THIS WEEK THAT ONE TO COME IN
3:21:22PM THIS WEEK, MAYBE THIS ONE KNOWS THE RULES, MAYBE THAT ONE
3:21:25PM DOESN'T KNOW THE RULES.
3:21:26PM I THINK IT'S MUCH BETTER TO HOLD THE OWNER AND THE OPERATOR
3:21:31PM ACCOUNTABLE.
3:21:31PM THE CONDITIONS UNDER WHICH THIS IS GOING TO EXIST HAVE BEEN
3:21:37PM EXPLAINED VERY CLEARLY.
3:21:39PM LIKE I SAID EARLIER, IF THERE IS AN ENFORCEMENT ISSUE, THERE
3:21:44PM IS A MECHANISM FOR DEALING WITH IT.
3:21:46PM IF THIS THING SLIPS AWAY FROM US, ALCOHOL IS GOING TO BE
3:21:50PM SERVED ANYWAY, BUT THERE'S NOT GOING TO BE ANY KIND OF A
3:21:53PM REMEDY IF THERE IS A VIOLATION OF THE RULES.
3:21:57PM AND I THINK THAT FOR ME, THAT IS THE ISSUE THAT ULTIMATELY
3:22:04PM PUSHES --
3:22:05PM >>FRANK REDDICK: ARE YOU ASKING THAT WE PUT SOME CONDITIONS
3:22:13PM ON THE SITE PLAN --
3:22:14PM >>HARRY COHEN: THERE ARE CONDITIONS ON THE SITE PLAN.
3:22:16PM >>FRANK REDDICK: YOU WANT TO MAKE IT MORE EXTENSIVE THAN
3:22:19PM WHAT THEY HAVE?
3:22:21PM >>HARRY COHEN: WHAT I WOULD SAY IS THIS.
3:22:22PM ON THE SITE PLAN NOW IS THE NO AMPLIFIED SOUND CONDITION, IS
3:22:27PM THE OUTDOOR ALCOHOL SALES AND CONSUMPTION SHALL END AT
3:22:30PM 10 P.M. DURING THE WEEK AND AT MIDNIGHT ON FRIDAY AND
3:22:34PM SATURDAY.
3:22:34PM IF THERE ARE OTHER THINGS THAT COUNCIL WOULD LIKE TO SEE PUT
3:22:38PM ON THERE IN ADDITION TO THE THINGS THAT WERE ALREADY ON THE
3:22:41PM PD THAT WE TALKED ABOUT IN OUR EARLIER DISCUSSION, NOW WOULD
3:22:45PM BE THE TIME TO DO THAT.
3:22:48PM BUT WITHOUT THIS GOING FORWARD, WE'RE NOT GOING TO HAVE ANY
3:22:50PM CONDITIONS ON ANYTHING.
3:22:51PM >>FRANK REDDICK: OKAY.
3:22:52PM MR. SUAREZ.
3:22:52PM >>MIKE SUAREZ: THANK YOU, CHAIR.
3:22:54PM FIRST OF ALL, I'D LIKE TO THANK EVERYONE THAT'S BEEN HERE
3:22:57PM TODAY.
3:22:57PM AND THE OTHER MEETING TWO WEEKS AGO.
3:22:59PM IT IS NOT AN EASY PROCESS TO GO THROUGH.
3:23:02PM I HOPE THAT YOU HAVE A LITTLE BIT MORE OF AN APPRECIATION OF
3:23:05PM WHAT CITY COUNCIL GOES THROUGH ON THESE TYPE OF DECISIONS.
3:23:09PM THERE ARE A LOT OF THEM THAT ARE GRAY AREAS.
3:23:11PM SOME BLACK AND WHITE BUT VERY FEW OF THOSE ARE.
3:23:13PM AND THESE DECISIONS ARE VERY TOUGH BECAUSE WE'RE NOT SITTING
3:23:17PM HERE AS ELECTED REPRESENTATIVES.
3:23:19PM WE'RE SITTING HERE AS ELECTED JUDGES OF WHAT THE
3:23:22PM COMPREHENSIVE PLAN IS.
3:23:23PM AND THAT MAKES IT EXTREMELY DIFFICULT FOR US BECAUSE AS I'VE
3:23:27PM MENTIONED BEFORE AND SOME OF THE QUESTIONS I HAD, THIS IS AN
3:23:30PM ART AND NOT A SCIENCE.
3:23:32PM LOTS OF THINGS THAT WE PUT INTO OUR REPORTS, WHETHER THROUGH
3:23:34PM THE STAFF OR THROUGH OPPOSITION TO THE STAFF REPORT, ARE
3:23:38PM VERY WELL THOUGHT OUT, WELL REASONED TYPES OF DECISIONS
3:23:43PM ABOUT WHAT THE COMPREHENSIVE PLAN ACTUALLY SAYS.
3:23:46PM SO AT THE END OF THE DAY, WE HAVE TO MAKE THAT DECISION
3:23:49PM OURSELVES IN RELATION TO ALL THAT EVIDENCE THAT'S BEEN
3:23:53PM PRESENTED TO US.
3:23:54PM THAT'S THE TOUGH PART FOR US BECAUSE THERE'S LOTS OF
3:23:58PM CONFLICTING EVIDENCE AND SOMETIMES IT COMES OUT PRETTY
3:24:01PM REASONABLY.
3:24:01PM SOMETIMES IT DOESN'T.
3:24:02PM SOMETIMES IT'S RIGHT DOWN THE MIDDLE.
3:24:04PM FOR ME, I VOTED AGAINST THIS THE FIRST TIME BECAUSE OF SOME
3:24:08PM OF THE ISSUES I HAD BOTH WITH THE PARKING ISSUES AND I MEAN
3:24:14PM REALISTIC PARKING, NOT JUST WHAT WE HAVE ON THE SITE PLAN.
3:24:18PM THE SECOND THING WAS, THE NATURE OF THE NEIGHBORHOOD AND OUR
3:24:23PM RIGHTS AS HOMEOWNERS TO ENJOY OUR HOMES IN QUIET ENJOYMENT,
3:24:31PM THAT'S AN IMPORTANT PART OF THIS.
3:24:33PM FOR ME, WHEN I WAS LOOKING AT SOME OF THE ASPECTS THAT WERE
3:24:35PM BROUGHT UP BOTH BY THE OPPOSITION AND BY THE PETITIONER, I
3:24:39PM DID NOT SEE THAT THAT BALANCE HAD BEEN STRUCK SO WE COULD GO
3:24:44PM FORWARD AND SAY THIS IS A PROJECT THAT SHOULD BE AT THIS
3:24:47PM LOCATION.
3:24:47PM THERE IS NOTHING WRONG WITH THE PROJECT ITSELF.
3:24:49PM I ACTUALLY LIKE THE PROJECT.
3:24:50PM I THINK IT'S A GREAT IDEA.
3:24:51PM I JUST DON'T THINK THAT THIS PARTICULAR NEIGHBORHOOD AND
3:24:56PM THIS PARTICULAR PROJECT FITS THE NATURE OF THE NEIGHBORHOOD.
3:24:58PM THAT'S PART OF THE PROBLEM.
3:24:59PM HOW DO WE -- HOW DO WE GO FORWARD AS A SOCIETY OR AS A CITY
3:25:03PM WHEN WE HAVE THESE THINGS THAT COULD BE GOOD IDEAS BUT ARE
3:25:09PM IN THE WRONG SPOT?
3:25:10PM MUCH OF THE TIME WHEN THERE IS AN INCREDIBLY TOUGH LAND USE
3:25:13PM DECISION IT'S BECAUSE IT IS THE LAST PERSON THAT HAS COME IN
3:25:16PM AFTER IT'S BEEN SEVERAL OTHER TIMES BEFORE.
3:25:18PM IN THIS CASE, THIS IS THE FIRST PERSON THAT'S COMING IN ON
3:25:21PM SOMETHING THAT IS EXTREMELY UNIQUE.
3:25:22PM YOU HAVE A HISTORIC HOME IN A HISTORIC NEIGHBORHOOD ALONG A
3:25:25PM SCENIC ROAD THAT HAS LOTS OF OTHER COMPLICATIONS.
3:25:31PM IT IS NOT THE RIGHT SPOT FOR IT IN MY MIND.
3:25:35PM I DO THINK THERE WAS COMPETENT AND SUBSTANTIAL EVIDENCE
3:25:38PM PRESENTED BY FOLKS IN THE OPPOSITION DEALING WITH THAT,
3:25:40PM ESPECIALLY WHEN IT CAME TO THE REAL-LIFE PROBLEMS WE'LL HAVE
3:25:45PM WITH PARKING, THE REAL-LIFE ISSUES I THINK WE'LL HAVE WITH
3:25:49PM THE DISTURBANCES IN THE NEIGHBORHOOD.
3:25:51PM I TAKE THAT TO HEART.
3:25:52PM I THINK THAT MY COLLEAGUES HAVE DONE A WONDERFUL JOB IN
3:25:55PM TRYING TO BALANCE THAT OUT.
3:25:57PM WE SOMETIMES COME OUT ON DIFFERENT SIDES OF THINGS, BUT IT
3:26:00PM DOES NOT MEAN THAT WE'RE NOT DOING OUR JOBS.
3:26:02PM WE ALL ARE.
3:26:04PM I THINK THAT ONE OF THE GREAT THINGS ABOUT SERVING ON
3:26:06PM COUNCIL FOR THE LAST SEVEN AND A HALF YEARS IS WE DO HAVE
3:26:08PM REALLY GOOD PEOPLE WHO SERVE WITH US.
3:26:10PM I'M PROUD TO KNOW THEM AS PEOPLE AND PROUD TO KNOW THEM AS
3:26:16PM COUNCIL MEMBERS BECAUSE THEY TAKE A LOT OF TIME AND EFFORT
3:26:18PM TO MAKE UP THE DECISIONS.
3:26:20PM SOMETIMES, UNFORTUNATELY, WE ARE ON OPPOSITE SIDES.
3:26:23PM I AM NOT GOING TO SUPPORT THIS, AS I HAVE NOT PREVIOUSLY.
3:26:25PM AND I THINK THAT IF THIS DOES GO FORWARD, I THINK THAT
3:26:30PM MR. COHEN'S WORDS FALL -- THEY DON'T FALL ON DEAF EARS.
3:26:36PM THEY FALL ON ALL OF US TO MAKE SURE THAT THE PETITIONER IS
3:26:40PM GOING TO BE FOLLOWING WHAT IS ON THAT SITE PLAN.
3:26:42PM WE WANT TO MAKE SURE THAT THE NEIGHBORHOOD STAYS INVOLVED
3:26:45PM WITH THIS TO MAKE SURE THAT THEY DO STAY INVOLVED IN TERMS
3:26:48PM OF WHAT THEY'RE DOING AND REPORT IT BACK TO US IF FOR SOME
3:26:52PM REASON THIS DOES PASS.
3:26:54PM I KNOW I'M NOT GOING TO SUPPORT IT, BUT I DO APPRECIATE
3:26:56PM EVERYTHING MY COLLEAGUES HAVE DONE AND ALL OF THE FOLKS THAT
3:26:59PM HAVE BEEN HERE TODAY.
3:27:00PM THANK YOU.
3:27:00PM >>FRANK REDDICK: QUESTION TO THE PETITIONER.
3:27:02PM I HAVE HEARD IT COMING MORE THAN ONCE FROM THE COUNCIL
3:27:15PM MEMBERS IN THEIR DELIBERATION, WHAT IS YOUR COMMITMENT TO
3:27:22PM THIS PROJECT?
3:27:22PM TO THIS CITY AND TO THIS NEIGHBORHOOD?
3:27:28PM >> MY COMMITMENT IS TO --
3:27:29PM >>FRANK REDDICK: ARE YOU PLANNING TO FOLLOW THROUGH ON THE
3:27:32PM CONDITIONS AND THE THINGS THAT HAVE BEEN LAID OUT HERE
3:27:34PM TODAY?
3:27:35PM >> ABSOLUTELY.
3:27:35PM ABSOLUTELY, COUNCILMAN.
3:27:37PM THE OTHER THING WE DIDN'T TALK ABOUT WAS WE HAVE OFFERED --
3:27:43PM THE BIANNUAL MEETING FOR BAYSHORE BEAUTIFUL HOMEOWNERS
3:27:48PM ASSOCIATION TO ACTUALLY BE ON THE PROPERTY WHICH I THINK
3:27:51PM WOULD ALLOW FOR THAT DIALOGUE THAT COUNCILMAN SUAREZ WAS
3:27:54PM JUST TALKING ABOUT FOR THE FEEDBACK, IF WE'RE NOT DOING OUR
3:27:57PM JOB, IF WE'RE NOT LIVING UP TO THESE COMMITMENTS, THERE WILL
3:28:01PM BE THAT FEEDBACK MECHANISM SO THAT THE NEIGHBORHOOD HAS ITS
3:28:07PM SAY IN HOW WE'RE DOING, AND THAT WAS -- WE JUST HADN'T HAD A
3:28:12PM CHANCE TO BRING THAT UP, BUT THAT HAS BEEN OFFERED TO THE
3:28:16PM BAYSHORE BEAUTIFUL HOMEOWNERS ASSOCIATION.
3:28:20PM >>FRANK REDDICK: LET ME ASK LEGAL, MS. KERT, A QUESTION
3:28:23PM BEFORE WE MOVE FORWARD.
3:28:24PM MS. KERT --
3:28:35PM >>REBECCA KERT: REBECCA KERT, LEGAL DEPARTMENT.
3:28:37PM >>FRANK REDDICK: IF YOU DISCOVERED THAT THE PETITIONER
3:28:41PM DIDN'T FOLLOW THROUGH ON THEIR COMMITMENT AS A PART OF THE
3:28:44PM CONDITION OF THE SITE PLAN, WHAT IS THE COUNCIL'S
3:28:49PM RESPONSIBILITY FROM THAT STANDPOINT?
3:28:51PM WHAT ACTION CAN BE TAKEN?
3:28:53PM >>REBECCA KERT: FOR THE REZONING AND THE CONDITIONS THAT ARE
3:28:56PM PART OF THE REZONING, IF THERE ARE VIOLATIONS, THOSE WILL GO
3:28:59PM THROUGH THE CODE ENFORCEMENT PROCESS.
3:29:01PM WE HAVE A NUMBER OF DIFFERENT TOOLS UNDER THAT.
3:29:03PM AND DEPENDING UPON WHAT THE VIOLATION WAS, THE PEOPLE WHO
3:29:06PM HANDLE CODE ENFORCEMENT COULD DETERMINE WHAT IS THE
3:29:09PM APPROPRIATE MECHANISM.
3:29:11PM IS IT TO GO BEFORE A HEARING OFFICER?
3:29:13PM IS IT TO ISSUE A CITATION.
3:29:16PM IF IT WAS A VERY DRASTIC REMEDY, WE COULD POTENTIALLY GO TO
3:29:19PM COURT.
3:29:19PM WE HAVE A NUMBER OF DIFFERENT REMEDIES.
3:29:21PM FOR THE SPECIAL USE PORTION OF IT, THAT'S A LITTLE BIT
3:29:24PM DIFFERENT.
3:29:24PM IF THERE ARE VIOLATIONS OF THE ALCOHOL BEVERAGE SPECIAL USE
3:29:29PM 2 PERMIT, THOSE VIOLATIONS, IN ADDITION TO THE OTHER CODE
3:29:32PM ENFORCEMENT REMEDIES THAT WE ALSO HAVE, THAT COULD BE
3:29:36PM SCHEDULED BEFORE CITY COUNCIL FOR A SUSPENSION, REVOCATION
3:29:41PM HEARING.
3:29:42PM THE FIRST HEARING WOULD NOT BE A REVOCATION.
3:29:44PM IT'S A GRADUAL PROCESS.
3:29:48PM IN ADDITION TO THE REMEDIES ON THE ALCOHOL BEVERAGE PERMIT,
3:29:51PM THE ADMINISTRATION HAS THE ABILITY TO BRING THOSE TO CITY
3:29:53PM COUNCIL FOR HEARING ON THOSE AND POTENTIALLY SUSPEND OR
3:29:56PM REVOKE THE ALCOHOLIC BEVERAGE PERMIT.
3:29:58PM >>FRANK REDDICK: THANK YOU.
3:29:59PM ANY FURTHER COMMENTS FROM COUNCIL?
3:30:02PM WHAT'S THE PLEASURE OF THE COUNCIL?
3:30:09PM >> MOTION TO CLOSE.
3:30:11PM >> BOTH HEARINGS.
3:30:12PM >>FRANK REDDICK: WE HAVE A MOTION TO CLOSE BOTH HEARINGS.
3:30:14PM MANISCALCO SECONDED.
3:30:16PM >>CHARLIE MIRANDA: JUST FOR THE RECORD, MR. CHAIRMAN, I
3:30:18PM THINK PUT THE NUMBERS OF THE HEARINGS ON THE RECORD.
3:30:20PM THAT WOULD BE ITEM 52.
3:30:25PM REZ 18-31 AND ITEMS 53, FILE AB2-18-06.
3:30:33PM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA, SECONDED
3:30:35PM BY MR. MANISCALCO ALL IN FAVOR AYE.
3:30:45PM >>LUIS VIERA: I MOVE AN ORDINANCE BEING PRESENTED FOR SECOND
3:30:47PM READING AND ADOPTION, ORDINANCE REZONING PROPERTY IN THE
3:30:50PM GENERAL VICINITY OF 4621 BAYSHORE BOULEVARD IN THE CITY OF
3:30:53PM TAMPA, FLORIDA AND MORE PARTICULARLY DESCRIBED IN SECTION 1
3:30:55PM FROM ZONING DISTRICT CLASSIFICATION RS-150 RESIDENTIAL,
3:30:59PM SINGLE-FAMILY, TO PD, PLANNED DEVELOPMENT, PRIVATE
3:31:02PM RECREATIONAL FACILITY, BED-AND-BREAKFAST, RESIDENTIAL,
3:31:05PM SINGLE-FAMILY DETACHED, PROVIDING AN EFFECTIVE DATE.
3:31:07PM >>FRANK REDDICK: MOTION FROM MR. VIERA, SECONDED BY
3:31:10PM MR. MANISCALCO.
3:31:11PM PLEASE RECORD YOUR VOTE.
3:31:19PM >>THE CLERK: MOTION CARRIED WITH MIRANDA AND SUAREZ VOTING
3:31:22PM NO.
3:31:26PM >>FRANK REDDICK: OKAY.
3:31:26PM WE'LL GO TO ITEM NUMBER 53, MR. MANISCALCO.
3:31:29PM >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
3:31:30PM I HAVE AN ORDINANCE BEING PRESENTED FOR SECOND READING AND
3:31:34PM ADOPTION.
3:31:34PM AN ORDINANCE APPROVING A SPECIAL USE PERMIT S-2 FOR
3:31:37PM ALCOHOLIC BEVERAGE SALES LARGE VENUE CONSUMPTION ON PREMISES
3:31:40PM ONLY AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF
3:31:42PM ALCOHOLIC CONTENT, BEER, WINE AND LIQUOR ON THAT CERTAIN
3:31:45PM LOT, PLOT OR TRACT OF LAND LOCATED AT 4621 BAYSHORE
3:31:49PM BOULEVARD, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
3:31:52PM SECTION 2, THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
3:31:56PM CONFLICT ARE REPEALED, PROVIDING AN EFFECTIVE DATE.
3:31:58PM >>FRANK REDDICK: MOTION FROM MR. MANISCALCO, SECONDED BY
3:32:01PM MS. CAPIN.
3:32:02PM PLEASE RECORD YOUR VOTE.
3:32:09PM >>THE CLERK: MOTION CARRIED WITH MIRANDA AND SUAREZ VOTING
3:32:11PM NO.
3:32:12PM >>FRANK REDDICK: ALL RIGHT.
3:32:18PM >>MARTIN SHELBY: MR. CHAIRMAN, BEFORE WE CLOSE THE HEARING,
3:32:20PM IF YOU CAN PLEASE BE QUIET, LADIES AND GENTLEMEN.
3:32:23PM FOR THE PURPOSES OF THE PUBLIC'S KNOWLEDGE AS WELL AS
3:32:26PM COUNCIL KNOWING THIS, COUNCIL HAS TAKEN ACTION JUST TO
3:32:31PM ENSURE THAT THERE IS NO ADDITIONAL COMMENTS BY CITY COUNCIL
3:32:36PM RELATIVE TO THIS MATTER, WE DO HAVE A 30-DAY APPEAL PERIOD.
3:32:40PM I WOULD CAUTION COUNCIL ABOUT COMMUNICATING WITH THE GENERAL
3:32:43PM PUBLIC.
3:32:44PM I HOPE THE PUBLIC DOES UNDERSTAND THAT AS WELL WITH THE
3:32:47PM PRESS DURING THIS APPEAL PERIOD.
3:32:49PM THANK YOU VERY MUCH.
3:32:51PM >>FRANK REDDICK: DID WE OPEN UP 54 THROUGH 59?
3:32:56PM WE JUST OPENED UP 56, RIGHT?
3:33:04PM CAN WE GET A MOTION --
3:33:06PM >>CHARLIE MIRANDA: 54 THROUGH 59.
3:33:09PM >>FRANK REDDICK: MOTION BY MR. MIRANDA.
3:33:10PM SECONDED BY MR. MANISCALCO TO OPEN UP 54 THROUGH 59.
3:33:14PM ALL IN FAVOR OF THAT MOTION SAY AYE.
3:33:16PM OPPOSED.
3:33:17PM LET'S STAND IN RECESS FOR THREE MINUTES AND LET THE ROOM
3:33:46PM CLEAR OUT.
3:33:47PM [RECESS]
3:34:01PM >>FRANK REDDICK: ROLL CALL.
3:41:28PM >>MIKE SUAREZ: HERE.
3:41:28PM >>HARRY COHEN: HERE.
3:41:29PM >>GUIDO MANISCALCO: HERE.
3:41:31PM >> CAPIN?
3:41:33PM MIRANDA?
3:41:33PM >>CHARLIE MIRANDA: HERE.
3:41:35PM >>LUIS VIERA: HERE.
3:41:35PM >>FRANK REDDICK: HERE.
3:41:36PM WE'LL GO TO ITEM 54.
3:41:41PM >> GOOD AFTERNOON, COUNCIL.
3:41:43PM COLIN RICE, LEGAL DEPARTMENT.
3:41:45PM ILL TRY TO BE BRIEF.
3:41:47PM THIS IS THE SECOND AND FINAL PUBLIC HEARING BEFORE CITY
3:41:50PM COUNCIL FOR A PROPOSED BROWNFIELD DESIGNATION FOR AN AREA OF
3:41:55PM MADISON STREET PROPERTY.
3:41:59PM THE CITY ADMINISTRATION IS PROPOSING THIS DESIGNATION TO
3:42:01PM ASSIST IN THE ASSESSMENT AND REMEDIATION OF ENVIRONMENTAL
3:42:04PM IMPACTS THAT EXIST ON THE PROPERTY.
3:42:07PM CITY STAFF HAS DETERMINED THAT ALL STATUTORY AND PUBLIC
3:42:09PM NOTICE REQUIREMENTS HAVE BEEN MET AND RECOMMENDS CITY
3:42:12PM COUNCIL APPROVE THIS DESIGNATION.
3:42:14PM I AM AVAILABLE FOR ANY QUESTIONS.
3:42:16PM WE HAVE DAN FAHEY, JOSH ELLIS FROM STAFF AS WELL FOR ANY
3:42:22PM QUESTIONS.
3:42:22PM AT THE CONCLUSION OF THE PUBLIC HEARING, YOU'LL HAVE THE
3:42:24PM OPPORTUNITY TO PASS A RESOLUTION DESIGNATING THE MADISON
3:42:26PM STREET PARK PROPERTY AS A BROWNFIELD CONSISTENT WITH CHAPTER
3:42:31PM 376 FLORIDA STATUTES.
3:42:33PM >>FRANK REDDICK: ALL RIGHT.
3:42:33PM ANY QUESTIONS FOR STAFF?
3:42:34PM ANYONE IN THE PUBLIC WISHING TO SPEAK ON ITEM NUMBER 54.
3:42:39PM >> MOVE TO CLOSE.
3:42:40PM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
3:42:42PM SECONDED BY MR. MANISCALCO TO CLOSE.
3:42:44PM ALL IN FAVOR OF THAT MOTION SAY AYE.
3:42:46PM OPPOSED.
3:42:47PM >> MOVE THE RESOLUTION.
3:42:48PM >>FRANK REDDICK: MOTION FROM MR. MIRANDA.
3:42:50PM SECONDED BY MR. SUAREZ.
3:42:51PM ALL IN FAVOR OF THE MOTION SAY AYE.
3:42:52PM OPPOSED?
3:43:03PM >>FRANK REDDICK: NUMBER 55.
3:43:05PM WE HAVE TO MAKE A MOTION TO REMOVE THAT.
3:43:10PM >>MARTIN SHELBY: IT'S ALREADY BEEN PREVIOUSLY WITHDRAWN.
3:43:12PM WHAT WE'RE ASKING NOW IS A SECOND MOTION TO REMOVE FROM THE
3:43:15PM AGENDA ON OCTOBER 4, THE SECOND READING ON THAT ITEM.
3:43:18PM >> SO MOVED.
3:43:19PM >> SECOND.
3:43:19PM >>FRANK REDDICK: MOTION FROM MR. MANISCALCO.
3:43:21PM SECONDED BY MR. SUAREZ.
3:43:22PM ALL IN FAVOR OF THE MOTION SAY AYE.
3:43:24PM OPPOSED?
3:43:25PM >>MARTIN SHELBY: THANK YOU.
3:43:26PM >>FRANK REDDICK: ITEM NUMBER 57.
3:43:29PM >>MARTIN SHELBY: ITEM 57, COUNCIL, I DON'T SEE MR. MICHELINI
3:43:33PM HERE.
3:43:34PM >>KRISTIN MORA: KRISTIN MORA, LEGAL DEPARTMENT.
3:43:36PM I SPOKE WITH MR. MICHELINI YESTERDAY.
3:43:38PM MY UNDERSTANDING WAS HE WAS GOING TO REQUEST A CONTINUANCE
3:43:41PM OF ITEMS 57 AND 58.
3:43:43PM I DO NOT SEE HIM HERE.
3:43:44PM I DON'T KNOW IF THE CLERK'S OFFICE RECEIVED THAT CONTINUANCE
3:43:47PM REQUEST.
3:43:48PM >>MARTIN SHELBY: I BELIEVE THEY RECEIVED THAT REQUEST.
3:43:51PM HE'S REQUESTING A DATE SOMEWHERE AFTER OCTOBER 15th.
3:43:54PM THE DATE OF OCTOBER 15 IS NOT A COUNCIL DATE.
3:43:57PM NEXT CLOSEST DATE WOULD BE OCTOBER 18 AT 10:30 A.M. FOR BOTH
3:44:01PM ITEMS 57 AND 58.
3:44:02PM IF COUNCIL SO CHOOSES.
3:44:09PM >> [INAUDIBLE]
3:44:15PM >>MARTIN SHELBY: 10:30 A.M.
3:44:17PM ON THE 18th OF OCTOBER.
3:44:22PM 18th AT 10:30.
3:44:31PM OCTOBER 18th AT 10:30 A.M.
3:44:35PM >>CHARLIE MIRANDA: MOVE ITEM 57 AND 58 TO OCTOBER 18,
3:44:40PM 10:30 A.M.
3:44:42PM >>FRANK REDDICK: WE HAVE A MOTION FROM MR. MIRANDA.
3:44:44PM SECONDED BY MR. MANISCALCO.
3:44:45PM ALL IN FAVOR OF THE MOTION SAY AYE.
3:44:47PM ALL RIGHT.
3:44:49PM ITEM NUMBER 59, THEY REQUESTED A CONTINUANCE.
3:44:57PM >>JOHN GRANDOFF: I FILED A LETTER REQUESTING A CONTINUANCE
3:44:59PM ON THIS MATTER.
3:45:00PM I WOULD ASK IT BE SET AFTER EITHER NOVEMBER 1 OR LATER,
3:45:07PM PLEASE.
3:45:07PM NOVEMBER 1, THAT'S FINE.
3:45:21PM >> [MICROPHONE OFF]
3:45:24PM >>FRANK REDDICK: MOTION BY MR. COHEN.
3:45:26PM SECONDED BY MR. MIRANDA.
3:45:27PM ALL IN FAVOR OF THE MOTION, AYE.
3:45:29PM >>JOHN GRANDOFF: THANK YOU VERY MUCH.
3:45:30PM >>FRANK REDDICK: ITEMS REMOVED FROM CONSENT AGENDA, IF ANY.
3:45:33PM NONE.
3:45:33PM ALL RIGHT.
3:45:34PM WE GO TO INFORMATION REPORTS.
3:45:42PM >> ITEM 62.
3:45:43PM >>MIKE SUAREZ: I HAD ASKED FOR THIS ITEM PRIOR TO SOME
3:45:46PM THINGS THAT HAD HAPPENED.
3:45:49PM I THINK MR. SNELLING WAS HERE.
3:45:51PM I COULDN'T SEE YOU, MR. MARTIN WAS IN THE WAY.
3:45:57PM DURING THE TIME WE HAD AN ISSUE WITH THE COLON CEMETERY
3:46:03PM THERE IN WEST TAMPA, THERE WAS AN ISSUE WITH THE ZONING
3:46:05PM ADMINISTRATOR HAVING DENIED A PETITION IN ORDER TO REZONE
3:46:10PM THE PROPERTY FOR USE FOR HOMES.
3:46:13PM A GENTLEMAN HAD STEPPED UP BETWEEN THE TIME I HAD MADE THE
3:46:17PM MOTION TO DO IT NOW AND MR. PATRICK THORPE.
3:46:21PM I WANTED HIM TO COME HERE AND TELL US WHAT HIS PLANS ARE
3:46:25PM WITH THE PROPERTY HE PURCHASED.
3:46:26PM MR. THORPE, DO YOU MIND COMING UP AND TELLING US WHAT'S
3:46:30PM GOING ON RIGHT BY THE CEMETERY?
3:46:32PM >> ABSOLUTELY.
3:46:33PM THANK YOU FOR THE OPPORTUNITY.
3:46:34PM MY NAME IS PATRICK THORPE, ALLEGEDLY.
3:46:36PM I AM AN ARCHITECT.
3:46:42PM I DO HAVE SOME INFORMATION TO SHARE WITH COUNCIL.
3:46:47PM WHAT YOU ARE RECEIVING NOW IS A COPY OF THIS MAP YOU CAN SEE
3:46:53PM HERE WHICH WAS PULLED YESTERDAY FROM THE PROPERTY
3:46:55PM APPRAISER'S WEBSITE WHICH OUTLINES ALL OF THE PARCELS THAT
3:46:59PM ARE PRESENT AT CURRENTLY AT COLON CEMETERY.
3:47:03PM THE PARCEL THAT I HAVE PURCHASED, 180128 AND 180138 TOTALING
3:47:11PM 2.1 ACRES.
3:47:12PM CURRENTLY, SITE NUMBER 180128 IS ZONED RS-50 AND 180138 IS
3:47:21PM CG.
3:47:21PM TO BE COMPLETELY FRANK WITH YOU, I DO NOT HAVE MUCH INTEREST
3:47:26PM IN A LOT OF THE PROPERTY THAT I HAVE PURCHASED.
3:47:28PM MY INTEREST LIES STRICTLY IN THIS SMALL UNDEVELOPED AREA
3:47:35PM THAT WE SEE AT THE BOTTOM OF PORTION 180138.
3:47:39PM MY INTENT IS TO CONTINUE DEVELOPING A NEW TYPE OF CEMETERY
3:47:44PM ON THIS PROPERTY.
3:47:44PM IT'S COME INTO QUESTION WHY I WOULD WANT TO DO THAT.
3:47:50PM AND LET ME GIVE YOU A LITTLE BIT OF BACKGROUND ABOUT MYSELF.
3:47:53PM WHEN I STUDIED ARCHITECTURE AT FLORIDA INTERNATIONAL
3:47:56PM UNIVERSITY, I DID WRITE A MASTER'S THESIS TITLED "DEATH IN
3:48:02PM THE FAST LANE, A CONTEMPORARY URBAN CEMETERY."
3:48:04PM AND THIS IS MY WORKING COPY THAT I HAVE RETAINED FOR SEVERAL
3:48:08PM YEARS.
3:48:09PM ALSO, I WOULD LIKE TO SHOW, THIS IS A COPY OF THE FCCFA
3:48:14PM CHRONICLE, WHICH IS THE FLORIDA CEMETERY CREMATION FUNERAL
3:48:18PM ASSOCIATION, OF WHICH I AM A MEMBER.
3:48:20PM AND I WOULD LIKE TO POINT OUT THIS PICTURE SPECIFICALLY.
3:48:24PM FCCFA LEADERS IN THE FLORIDA HOUSE CHAMBER AT OUR
3:48:28PM LEGISLATIVE DAYS WHERE WE GO TO TALLAHASSEE AND TALK ABOUT
3:48:32PM ISSUES OF COMPLIANCE AND REGULATION THAT ARE IMPORTANT TO
3:48:36PM CEMETERIES AND BURIALS.
3:48:38PM AS A BUSINESS OWNER, OVER THE PAST TWO YEARS, I HAVE PUSHED
3:48:43PM MYSELF TO OFFER SERVICES TO THE FUNERAL INDUSTRY, MOSTLY IN
3:48:48PM REDESIGNING FUNERAL HOMES.
3:48:51PM I HAVE A LONG HISTORY AND INTEREST IN THIS AREA.
3:48:56PM MY INTENT AGAIN IS TO CONTINUE TO DEVELOP A CEMETERY ON THIS
3:49:00PM SITE.
3:49:01PM I AM ALSO REGISTERED FOR CLASSES AT ST. PETE COLLEGE, WHICH
3:49:05PM START IN JANUARY, WHICH WILL ALLOW ME TO OBTAIN MY STATE
3:49:09PM LICENSURE AS A DIRECT DISPOSER SO I WILL COME INTO
3:49:13PM COMPLIANCE IN ORDER TO OPERATE A FACILITY ON THIS SITE.
3:49:17PM >>MIKE SUAREZ: TERRIFIC.
3:49:18PM I APPRECIATE THE FACT THAT YOU STEPPED UP AND PURCHASED IT
3:49:20PM BECAUSE THERE WAS A LOT OF CONSTERNATION IN NEIGHBORHOODS
3:49:24PM BECAUSE SO MANY OF OUR RELATIVES ARE BURIED IN THAT CEMETERY
3:49:27PM AND THE THOUGHT OF HAVING IT BEING DEVELOPED, WHETHER IT WAS
3:49:31PM THE PORTIONS THAT YOU PURCHASED OR EVEN SOME OF THE OTHERS,
3:49:34PM REALLY HAS PUT A LOT OF PEOPLE'S MINDS AT EASE.
3:49:38PM I DID WANT TO ASK A QUESTION OF STAFF ABOUT YOUR PARTICULAR
3:49:41PM PLAN AND THAT REMAINING PORTION OF THE PROPERTY.
3:49:45PM I WASN'T SURE WHO WAS GOING TO ANSWER.
3:49:48PM ANYBODY AS WELL DRESSED AS YOU, I'M GOING TO ASK A LOT OF
3:49:54PM QUESTIONS.
3:49:55PM MR. MARTIN, YOU HAVE THE OTHER PARCEL, WHICH IS 180137, DO
3:50:03PM YOU HAVE ANY INFORMATION ABOUT THAT PARCEL OR WHETHER OR NOT
3:50:05PM -- I KNOW MR. THORPE DOES.
3:50:07PM >> 137, WHICH IS THE SOUTHERNMOST.
3:50:09PM >>MIKE SUAREZ: YES, THE SOUTHERNMOST, THE CORNER IS MATANZAS
3:50:13PM AND ST. JOHNS.
3:50:15PM >> WESTERN-MOST PARCEL AT THE SOUTH END IS OWNED BY COLON
3:50:23PM CEMETERY BOZA FAMILY.
3:50:28PM ALL THE OTHER ACQUISITIONS HAVE OCCURRED AS A RESULT OF THE
3:50:33PM PURCHASE OF ASSESSMENT DEEDS FROM THE CLERK OF THE COURT FOR
3:50:37PM FAILURE TO PAY STORMWATER ASSESSMENT.
3:50:41PM >>MIKE SUAREZ: TERRIFIC.
3:50:43PM >> YOU HAVE ONE, TWO, THREE PRIVATE OWNERS, THE CITY OF
3:50:48PM TAMPA OWNS THE NORTH PARCEL ADJACENT TO COLUMBUS AND THEN
3:50:52PM THE LAST SMALL PARCEL ON ST. JOHN IS STILL A BOZA FAMILY
3:50:58PM CONCERN.
3:50:59PM >>MIKE SUAREZ: NOW, THAT HAS NOT FALLEN INTO ANY KIND OF
3:51:03PM LIEN SITUATION OR TAX SITUATION, CORRECT?
3:51:06PM >> NOT BASED ON OUR LATEST REVIEW OF TITLE FOR THAT
3:51:10PM PROPERTY.
3:51:10PM >>MIKE SUAREZ: HAS THERE BEEN ANY MOVEMENT BY THE
3:51:14PM ADMINISTRATION TO EITHER PURCHASE OR DO ANYTHING ELSE WITH
3:51:16PM THAT PARTICULAR PARCEL IN ORDER TO MAKE SURE THAT THE REST
3:51:19PM OF IT IS CONTIGUOUS AS A CEMETERY?
3:51:21PM >> NOT THAT I'M AWARE OF.
3:51:23PM WE HAVE MAINTAINED THE ENTIRE UNIT AS ONE BASED ON CITY
3:51:35PM COUNCIL AND STAFF DIRECTIVES DATING BACK INTO I BELIEVE THE
3:51:42PM '80s.
3:51:42PM I TAKE THAT BACK.
3:51:44PM IN THE 1990s, '93, '94, THE PARKS DEPARTMENT WAS GIVEN A
3:51:54PM DIRECTIVE BY THE CITY TO MAINTAIN THE ENTIRE COLON CEMETERY
3:52:03PM UNIT DESPITE THE FACT THAT THERE ARE NOW SEVERAL DIFFERENT
3:52:08PM OWNERS AND SOME PORTIONS WHICH ARE USED AS CEMETERY AND SOME
3:52:12PM ARE NOT TO BE USED AS CEMETERY.
3:52:15PM >>MIKE SUAREZ: THE REASON I'M ASKING THE QUESTION, WE WANT
3:52:18PM TO AVOID THE KIND OF SITUATION THAT HAPPENED EARLIER THIS
3:52:21PM YEAR.
3:52:23PM THANKFULLY, MR. THORPE IS SOMEONE INTERESTED IN KEEPING IT A
3:52:26PM CEMETERY.
3:52:26PM IF NOTHING ELSE, MAYBE EVEN WORK WITH THE OTHER OWNERS,
3:52:31PM MAYBE THE BOZA FAMILY.
3:52:33PM WE CAN TALK ABOUT HOW THEY MIGHT BE ABLE TO DEED IT OVER TO
3:52:37PM THE CITY AND MAYBE WE CAN DESIGNATE IT AS EITHER A PARK OR
3:52:42PM SOMETHING ELSE.
3:52:43PM I'M NOT SURE.
3:52:45PM MR. THORPE HAS AN ANSWER.
3:52:46PM COME ON UP BECAUSE HE HAS LOTS OF IDEAS.
3:52:49PM >> PATRICK THORPE.
3:52:50PM IN RESPONSE TO YOUR QUERY ABOUT LOT 180137, I HAVE REACHED
3:52:58PM OUT TO THE BOZA FAMILY, AND THEY HAVE NO INTEREST IN DOING
3:53:01PM ANYTHING WITH THE PROPERTY.
3:53:02PM THE WAY THAT THE LAND WAS DEEDED, HOWEVER, WAS IN A TRUST.
3:53:06PM SO BY STATE LAW, THIS CAN ONLY EVER BE DEVELOPED AS A
3:53:11PM CEMETERY.
3:53:11PM IT IS TAX EXEMPT.
3:53:13PM SO IT CAN ALSO NEVER BE PUT UP FOR SALE FOR ANY REASON.
3:53:17PM AGAIN, TO FURTHER MY POINT ABOUT LOT 180138, MY INTENT WOULD
3:53:23PM ALSO BE TO FORM A LAND TRUST SO THAT WE COULD PROVIDE A
3:53:27PM SIMILAR SITUATION AS TO THE ADJACENT PARCEL SO THAT WAY IT
3:53:32PM IMMEDIATELY REMOVES ANY OPPORTUNITY FOR THIS TO BE ANYTHING
3:53:35PM OTHER THAN A CEMETERY.
3:53:36PM >>MIKE SUAREZ: WHAT IS THE TIME FRAME FOR YOU TO SET THAT UP
3:53:41PM AS A LAND TRUST?
3:53:43PM >> THAT WOULD BE DONE PRIOR TO THE END OF NEXT YEAR.
3:53:47PM >>MIKE SUAREZ: YOU'LL FINISH CLASS SO THAT YOU CAN THEN USE
3:53:49PM IT.
3:53:50PM I ASSUME THAT'S WHAT YOU'RE PLANNING.
3:53:52PM >> YES, SIR.
3:53:52PM >>MIKE SUAREZ: TERRIFIC.
3:53:55PM >> AND TO FURTHER THAT POINT, YOU AND I HAD SPOKEN ON THE
3:53:58PM PHONE ABOUT POTENTIALLY OFFERING A REFERENDUM TO TURN THIS
3:54:00PM INTO A PARK.
3:54:01PM THE UPSIDE TO MAKING THIS A LAND TRUST, AS YOU DISCUSSED
3:54:07PM PREVIOUSLY WITH THE ALCOHOL ISSUE, THAT THIS IS PERMANENT.
3:54:10PM IF 75 OR 100 YEARS FROM NOW SOMEONE DECIDES WE WANT TO
3:54:13PM OVERTURN THE REFERENDUM, THEY WILL HAVE THE OPPORTUNITY.
3:54:16PM BUT IF THIS IS A TAX-EXEMPT LAND DEED, THEY WILL NOT HAVE
3:54:21PM THAT OPPORTUNITY.
3:54:23PM >>MIKE SUAREZ: DOES THAT SOUND RIGHT, MR. MARTIN?
3:54:26PM >> WELL, HE KNOWS A LOT MORE -- [NOT SPEAKING INTO A
3:54:29PM MICROPHONE]
3:54:37PM >>MIKE SUAREZ: WELL, THAT'S GOOD TO HEAR.
3:54:39PM THANK YOU, MR. THORPE.
3:54:40PM I APPRECIATE IT.
3:54:41PM BY THE WAY, THANK YOU SO MUCH FOR DOING THIS BECAUSE THERE
3:54:43PM WERE SO MANY PEOPLE THAT WERE UP IN ARMS ABOUT IT PRIOR TO
3:54:47PM OUR ZONING ADMINISTRATOR DENYING THE APPLICATION TO BUILD,
3:54:52PM AND WHAT WAS GOING TO HAPPEN NEXT?
3:54:55PM WAS THERE GOING TO BE ANOTHER COMPANY THAT WOULD COME IN?
3:54:58PM ANOTHER PERSON THAT WOULD PURCHASE IT AND DO SOMETHING NONE
3:55:03PM OF US WANTED?
3:55:04PM I'M GLAD TO SEE YOU'RE DOING SOMETHING ALREADY DONE THERE
3:55:06PM AND I APPRECIATE THAT YOU HAVE THE BACKGROUND.
3:55:08PM WHEN I CALLED MR. THORPE ON THE PHONE, I ASKED HIM WHAT WAS
3:55:11PM HIS INTEREST, AND HE TOLD ME, SOMEBODY HAD A MASTER'S DEGREE
3:55:16PM IN BURIALS THAT KIND OF ARCHITECTURE I FOUND VERY
3:55:21PM FASCINATING.
3:55:22PM I APPRECIATE THE FACT THAT YOU DID THAT, SIR.
3:55:25PM >>FRANK REDDICK: I KNOW WHERE TO GO IF I NEED ONE.
3:55:28PM >>MIKE SUAREZ: EVERYBODY IS GOING TO GET IT.
3:55:31PM >> AND PROVIDE CLARIFICATION, I WOULD LIKE TO ALSO REMIND
3:55:35PM COUNCIL THAT 366 DAYS AGO, OAK LAWN CEMETERY IN DOWNTOWN
3:55:39PM TAMPA WAS ADDED TO THE NATIONAL REGISTER OF HISTORIC PLACES.
3:55:43PM I WAS ONE OF THE INDIVIDUALS WHO WAS INSTRUMENTAL IN
3:55:46PM REIGNITING THAT CONVERSATION WITH THE COMMUNITY IN ORDER TO
3:55:49PM MOVE THAT PARCEL ONTO THE NATIONAL REGISTER.
3:55:52PM WITH THAT, I WOULD LIKE TO CONTINUE THE DISCUSSION WITH
3:55:55PM COUNCIL AT A LATER DATE TO INCLUDE PORTIONS OF THE CEMETERY
3:55:59PM THAT I HAVE PURCHASED AND IN SOME WAY GIVING THAT BACK TO
3:56:02PM THE CITY TO HELP MAKE A MORE COMPLETE CEMETERY AND THEN
3:56:06PM WORKING AGAIN WITH PROPERTY AT 180100, WHICH WAS RECENTLY
3:56:13PM PURCHASED LAST MONTH FOR $4,000.
3:56:16PM MY ASSUMPTION IS THAT OWNER PURCHASED THAT PROPERTY
3:56:21PM UNBEKNOWNST OF WHAT IT WAS AND THEY PROBABLY STILL DO NOT
3:56:25PM REALIZE WHAT IT IS THEY HAVE.
3:56:27PM MY INTENT IS TO WORK WITH THE CITY CONTINUALLY TO GATHER ALL
3:56:30PM OF THESE PARCELS AND EVENTUALLY MOVE IT ALL INTO ONE
3:56:34PM CONTIGUOUS PIECE AND MOVE THAT ENTIRE CEMETERY ONTO THE
3:56:38PM NATIONAL REGISTER OF HISTORIC PLACES.
3:56:39PM >>MIKE SUAREZ: WE REALLY APPRECIATE THAT, BECAUSE THAT WILL
3:56:43PM PUT A LOT OF PEOPLE AT EASE AS TO WHAT WILL HAPPEN NEXT.
3:56:46PM THANKS.
3:56:46PM I APPRECIATE IT.
3:56:47PM THANK YOU FOR BEING HERE AND THANK YOU FOR YOUR PATIENCE
3:56:49PM BEING HERE ALL DAY.
3:56:51PM >> IT'S WHAT IT TAKES.
3:56:52PM >>MIKE SUAREZ: THANK YOU.
3:56:53PM >>CHARLIE MIRANDA: MR. THORPE, I DON'T KNOW MUCH ABOUT
3:56:57PM CEMETERIES.
3:56:57PM I ASSUME HOW THE CITY BECAME INVOLVED -- I GUESS WHEN YOU'RE
3:57:05PM IN THE CEMETERY BUSINESS, YOU HAVE TO HAVE SOMEBODY FOR
3:57:10PM MAINTENANCE OF THE CEMETERY AFTER YOU BURY THEM AND DO WHAT
3:57:13PM YOU DO.
3:57:14PM I DON'T KNOW.
3:57:14PM HOW MUCH LAND IS IT?
3:57:18PM 108138?
3:57:20PM YOU SAY YOU'LL MAKE A CEMETERY?
3:57:24PM >> YES THE PORTION THAT I HAVE AN INTEREST IN WILL BE
3:57:27PM APPROXIMATELY SHY OF ONE ACRE.
3:57:30PM >>CHARLIE MIRANDA: LIKE 207 BY 207?
3:57:34PM >> I CANNOT GIVE YOU AN EXACT DIMENSION YET.
3:57:38PM I HAVE NOT HAD A SURVEY COMPLETED OF THE PROPERTY.
3:57:42PM >>CHARLIE MIRANDA: IF YOU MAKE IT A CEMETERY, ARE YOU GOING
3:57:44PM TO SET UP A TRUST TO MAINTAIN IT?
3:57:47PM >> YES, SIR.
3:57:47PM YOU ARE REQUIRED BY STATE LAW TO HAVE $50,000 IN TRUST IN
3:57:51PM ORDER TO OPERATE A CEMETERY.
3:57:53PM SO THAT LAND WOULD HAVE TO HAVE $50,000 ATTACHED TO IT.
3:57:57PM >>CHARLIE MIRANDA: WHERE DOES THAT TRUST MONEY GO TO?
3:58:00PM >> WHAT DOES IT GO TO?
3:58:02PM IT IS THE GUARANTEE THAT IF SOMETHING DOES HAPPEN, THEN YOU
3:58:05PM HAVE AN ENDOWMENT FUND THAT CAN CONTINUE THE MAINTENANCE.
3:58:08PM >>CHARLIE MIRANDA: I'M NOT QUESTIONING YOU.
3:58:10PM I'VE JUST GOT TO ASK.
3:58:11PM YOU HAVE A TRUST, YOU PUT IT INTO A TRUST OF THE STATE, I
3:58:14PM DON'T KNOW.
3:58:18PM >> THERE ARE STILL SOME THINGS I NEED TO FIGURE OUT AND
3:58:20PM RESEARCH I NEED TO DO INTO MR. BOZA'S TRUST.
3:58:23PM THESE ARE THINGS THE STATE CAN HELP ME DETERMINE AS THEY
3:58:27PM HAVE THE MECHANISMS TO SET IT UP.
3:58:28PM >>CHARLIE MIRANDA: YOU DON'T KNOW EITHER.
3:58:30PM >> NOT AT THIS TIME, NO.
3:58:36PM >>YVONNE CAPIN: I WAS JUST LOOKING AT IT AND JUST FOR THE
3:58:39PM RECORD, PARCEL 179824, MY GREAT GRANDMOTHER, I CAN SEE IT
3:58:46PM FROM HERE IS BURIED RIGHT THERE.
3:58:48PM RIGHT THERE.
3:58:50PM ANYWAY.
3:58:53PM I'M GLAD IT'S GOING TO CONTINUE AS A CEMETERY.
3:58:56PM >>FRANK REDDICK: MR. MANISCALCO.
3:58:57PM >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
3:58:58PM I KNOW YOU AND TRUST YOU AND I'M GLAD IT'S IN YOUR HANDS,
3:59:02PM CONSIDERING THE CIRCUMSTANCES.
3:59:03PM I SPEND A LOT OF TIME IN CEMETERIES AND ONE DAY I'LL SPEND
3:59:07PM ALL THE TIME I WANT IN A CEMETERY, BUT YOU KNOW MORE THAN I
3:59:11PM DO.
3:59:12PM YOU'RE DOING THINGS THE RIGHT WAY.
3:59:14PM I'M GLAD YOU BROUGHT UP OAK LAWN AND WHAT HAPPENED JUST OVER
3:59:17PM A YEAR AGO.
3:59:18PM THIS IS AN IMPORTANT PART OF OUR HISTORY AND IMPORTANT PART
3:59:22PM OF WEST TAMPA'S HISTORY BECAUSE THERE ARE SO MANY FAMILIES
3:59:25PM THAT HAVE LOVED ONES HERE.
3:59:26PM THERE ARE SOLDIERS THAT DIED FOR THIS COUNTRY.
3:59:30PM THERE ARE PEOPLE'S GREAT-GRANDPARENTS.
3:59:32PM IT GOES ON AND ON.
3:59:34PM THE IMPORTANCE OF THIS TO THE COMMUNITY, YOU KNOW, THERE ARE
3:59:37PM NO WORDS.
3:59:38PM I KNOW THAT YOU WILL TAKE CARE OF IT AS IT SHOULD HAVE BEEN
3:59:43PM TAKEN CARE OF FOR A LONG TIME BEFORE.
3:59:45PM THANKS.
3:59:46PM >> THANK YOU.
3:59:46PM >>FRANK REDDICK: ANYONE ELSE?
3:59:52PM >>LUIS VIERA: COUNCILMAN MANISCALCO AND I JOKE ABOUT HOW WE
3:59:55PM LIKE TO FREQUENT HISTORIC GRAVE SITES.
3:59:57PM IT'S KIND OF FUNNY IN THAT REGARD.
3:59:59PM I WANT TO SALUTE YOU FOR THE WORK YOU'RE DOING.
4:00:01PM NOT LONG AGO I WENT TO SOMEWHERE IN PASCO COUNTY, I BELIEVE
4:00:05PM CARMEL CEMETERY.
4:00:06PM DOES THAT RING A BELL AT ALL?
4:00:09PM >> YES.
4:00:09PM >>LUIS VIERA: IT'S A HISTORIC CEMETERY WITH AFRICAN
4:00:19PM AMERICANS, MANY OF WHOM LIVED DURING -- THEY WERE SLAVES.
4:00:19PM I WAS AGHAST AT THE CONDITION OF THAT AREA WHERE YOU HAD
4:00:20PM LIKE PLASTIC PIPES REFLECTING WHERE DEAD BODIES WERE BURIED.
4:00:25PM I WAS SHOCKED.
4:00:27PM IT'S GOOD TO SEE PRESERVING OUR HISTORY, AND I COMMEND YOU
4:00:32PM FOR THE WORK YOU DO BECAUSE THERE IS A LOT TO BE SAID HOW WE
4:00:35PM HONOR THOSE WHO CAME BEFORE US AND THOSE WHO LIVED DURING
4:00:39PM TIMES THAT WE JUST MARVEL AT TODAY.
4:00:42PM THANK YOU.
4:00:42PM >> IT HAS BEEN STATED HOW A SOCIETY TREATS ITS DEAD IS
4:00:46PM INDICATIVE OF HOW IT TREATS ITS LIVING.
4:00:50PM THIS IS A VERY SPECIFIC ISSUE AND IT DOES REQUIRE PATIENCE
4:00:53PM AND DIRECT INFLUENCE.
4:00:56PM >>FRANK REDDICK: THANK YOU.
4:00:57PM ANYTHING ELSE?
4:01:02PM >> I'D LIKE TO COMMENT ON THE GRAVEYARD THING.
4:01:04PM ANTHONY TAMARGO.
4:01:06PM I GREW UP RIGHT BEHIND THE ON THE CORNER OF ST. JOHN AND
4:01:11PM MATANZAS.
4:01:12PM MY FATHER FOUGHT TO CLEAN THIS GRAVEYARD BACK IN '97, '98.
4:01:17PM MY QUESTION IS, I CAME UP HERE WITH A TOTAL DIFFERENT
4:01:21PM MIND-SET UNTIL I MET THIS GENTLEMAN.
4:01:23PM IT'S GREAT THAT HE STEPPED UP.
4:01:26PM MY QUESTION IS, WHY DID THE CITY LET THIS HAPPEN?
4:01:30PM AND WHAT ARE WE DOING -- WHAT ARE YOU ALL DOING TO STOP IT?
4:01:34PM YES, HE OWNS TWO OF THE PARCELS.
4:01:36PM SOMEONE ELSE OWNS ANOTHER PARCEL, BUT WHO'S TO SAY NEXT WEEK
4:01:41PM ANOTHER SLIVER ISN'T GONE?
4:01:44PM WHAT CAN THE CITY DO TO STOP IT RIGHT NOW TILL THIS
4:01:49PM GENTLEMAN GETS HIS STUFF TOGETHER AND COME TOGETHER TO STOP
4:01:55PM IT?
4:01:56PM BECAUSE AS OF LAST MONTH, THERE WERE THREE OR FOUR OWNERS.
4:01:59PM NOW THERE'S FIVE.
4:02:00PM NOW HE'S A NEW OWNER.
4:02:02PM I THINK IT NEEDS TO BE STOPPED BEFORE WE MOVE FORWARD.
4:02:08PM IT REALLY DOES.
4:02:09PM WHOSE FAULT IS THAT?
4:02:15PM WHAT DEPARTMENT DO I CALL TO FIND OUT?
4:02:17PM >>MIKE SUAREZ: IT'S NOT ANYBODY'S FAULT.
4:02:20PM WE'RE SITTING HERE TRYING TO FIGURE OUT WHAT TO DO NOW AFTER
4:02:23PM EVERYTHING ELSE HAS BEEN DONE.
4:02:24PM SO MANY OF THE CEMETERIES WERE PURCHASED BY THE PEOPLE THAT
4:02:28PM WERE BURYING FOLKS.
4:02:30PM THEY HAD CONTROL OVER IT.
4:02:32PM I WAS ON THE BOARD OF CENTRO ASTURIANO.
4:02:38PM WE WERE OPERATING AN ILLEGAL CEMETERY FOR ALMOST 80 YEARS,
4:02:41PM AND WE HAD TO CLEAR THAT UP.
4:02:43PM MY POINT IS, THERE'S VERY LITTLE WE CAN DO WHEN THERE'S
4:02:46PM PRIVATE OWNERSHIP OF SOME OF THESE.
4:02:47PM I THINK MR. MARTIN WOULD TELL ME THE SAME THING BECAUSE HE'S
4:02:50PM OUR LAWYER AND WOULD PROBABLY SAY THAT.
4:02:52PM BUT THERE ARE SOME RULES, AS MR. THORPE JUST MENTIONED IN
4:02:55PM TERMS OF WHEN YOU PUT IT INTO A PUBLIC TRUST, THERE ARE
4:02:58PM STATE RULES CONTROLLING CEMETERIES.
4:03:00PM SO IF WE CAN GET AS MANY OF THE PARCELS INTO A CEMETERY-TYPE
4:03:05PM OF TRUST, I THINK WE'RE GOING TO SOLVE THIS PROBLEM.
4:03:09PM I THINK MOST OF THEM, IF NOT ALL OF THEM, THE ONES YOU SEE
4:03:12PM TO THE NORTH NEAR COLUMBUS DRIVE, ALMOST ALL OF THOSE ARE
4:03:15PM ALREADY CEMETERIES.
4:03:16PM THERE IS A CITY-OWNED LOT YOU SEE UP THERE.
4:03:19PM THEN THERE IS THE TECO PROPERTY THAT ALSO IS A CEMETERY.
4:03:23PM I'M SURE THEY CAN'T JUST CHANGE THE LAND USE OF IT ANYTIME
4:03:26PM THEY WANT.
4:03:27PM AND THAT WOULD BE A LITTLE BIT MORE OF A DIFFICULT PROCESS.
4:03:31PM >> -- THE POINT OF THE --
4:03:33PM >>MIKE SUAREZ: LAND USE IS EVERYTHING.
4:03:36PM >> THEY ARE NOT GOING TO RAISE THE DEBT.
4:03:40PM IT TAKES A LONG TIME TO DO THAT.
4:03:41PM SOMEBODY IS WILLING TO PAY THE MONEY, YEAH, BUT THEY JUST
4:03:44PM CAN'T GO THERE AND START DIGGING THEM UP.
4:03:47PM MY THING IS, LET'S KEEP IT A GRAVEYARD.
4:03:50PM DO WHATEVER WE HAVE TO DO TO KEEP IT A CEMETERY.
4:03:53PM MY OTHER QUESTION IS, BEFORE THIS GENTLEMAN BOUGHT IT, THE
4:03:57PM OTHER GENTLEMAN OWNED IT FOR A YEAR AND A HALF.
4:04:00PM SO WHEN IS THE CITY GOING TO START CUTTING MY GRASS BECAUSE
4:04:03PM THAT MAN JUST MADE MONEY ON THAT PARCEL.
4:04:08PM WHEN IS THE CITY -- THE CITY IS PAYING A THIRD-PARTY COMPANY
4:04:12PM TO MAINTAIN THAT WHOLE PROPERTY BUT YET IT'S PRIVATELY OWNED
4:04:17PM PARCELS IN THERE.
4:04:18PM WHEN IS THE CITY GOING TO START CUTTING MY GRASS FOR FREE?
4:04:22PM >>MIKE SUAREZ: WHEN YOU HAVE A CODE ENFORCEMENT VIOLATION, I
4:04:25PM GUARANTEE WE'LL CUT YOUR GRASS AND THEN YOU OWE US MONEY.
4:04:29PM YOU'RE ASKING A LOT OF QUESTIONS THAT WE DON'T HAVE ANSWERS
4:04:34PM TO.
4:04:34PM I THINK YOU KNOW THAT.
4:04:35PM YOU CAME HERE WITH THE QUESTIONS KNOWING WE DIDN'T HAVE THE
4:04:38PM ANSWERS.
4:04:38PM >> NO, I CAME HERE TO SAY I'M NOT GOING TO STOP COMING HERE
4:04:43PM UNTIL SOMETHING HAPPENS.
4:04:45PM WE DON'T NEED -- LET'S LET THESE PEOPLE REST, BECAUSE YOU
4:04:48PM GUYS ARE GOING TO BE IN A GRAVEYARD ONE DAY AND I HOPE MY
4:04:52PM KIDS DON'T HAVE TO GO THROUGH THIS TO PROTECT THE PEOPLE
4:04:55PM THAT BUILT THIS CITY.
4:04:57PM BEST THING THAT COULD HAPPEN IS THIS GENTLEMAN STEP UP AND
4:05:04PM BUY THE PROPERTY THAT THE CITY NEVER SHOULD HAVE LET GO.
4:05:08PM IT IS WHAT IT IS.
4:05:09PM THANK YOU VERY MUCH FOR YOUR TIME.
4:05:11PM >>MIKE SUAREZ: YOU'RE WELCOME.
4:05:15PM >>FRANK REDDICK: AT THIS TIME, WE'LL GO INTO INFORMATION
4:05:17PM REPORTS.
4:05:18PM MS. SUAREZ.
4:05:19PM >>MIKE SUAREZ: I HAVE TWO ITEMS.
4:05:21PM FIRST, REQUEST A COMMENDATION TO BE PRESENTED TO MELISSA
4:05:24PM TAYLOR AS A 2018 AWARD-WINNING WATER-WISE LANDSCAPE IN THE
4:05:30PM CITY OF TAMPA.
4:05:31PM AND THAT WILL BE UNDER CEREMONIAL ACTIVITIES ON
4:05:34PM OCTOBER 4th AT THIS COUNCIL.
4:05:36PM >> SECOND.
4:05:37PM >>FRANK REDDICK: MOTION BY MR. SUAREZ.
4:05:39PM SECONDED BY MR. COHEN.
4:05:40PM ALL IN FAVOR OF THE MOTION, AYE.
4:05:42PM OPPOSED?
4:05:44PM >>MIKE SUAREZ: SECOND THING, CHAIR, I FOUND OUT BISHOP SCOTT
4:05:47PM HAD BEEN IN THE HOSPITAL FOR A FEW DAYS.
4:05:49PM THANKFULLY, HE'S OKAY.
4:05:51PM HE HAD A VIRUS.
4:05:52PM I THINK HE WAS IN THE HOSPITAL FOR ABOUT THREE OR FOUR DAYS.
4:05:55PM OF COURSE, ALL OF US KNOW HIM AND FRIENDS WITH HIM AND WE
4:05:58PM WISH HIM A SPEEDY RECOVERY.
4:06:00PM I THINK HE'S DOING BETTER NOW.
4:06:01PM >>FRANK REDDICK: EATING TOO MUCH CHICKEN.
4:06:02PM MR. COHEN.
4:06:07PM MR. MANISCALCO.
4:06:12PM MS. CAPIN.
4:06:13PM >>YVONNE CAPIN: YES.
4:06:14PM I HAVE A STATEMENT.
4:06:16PM IT REGARDS RICHARD GONZMART AND THE ULELE.
4:06:21PM DANIEL RUTH'S PIECE HAS GOT TO BE ONE OF THE BEST PIECES HE
4:06:24PM WROTE AND THEY ARE FINALLY CALLING THE MAYOR OUT EXACTLY ON
4:06:27PM WHAT THEY SHOULD HAVE BEEN DOING FOR A LONG TIME.
4:06:30PM HERE IS THE OTHER THING, RICHARD GONZMART IS A FOURTH
4:06:34PM GENERATION.
4:06:34PM I'M A FOURTH GENERATION HERE.
4:06:37PM THE COLUMBIA GROUP.
4:06:40PM HE OWNS 13 RESTAURANTS.
4:06:41PM SEVEN COLUMBIA RESTAURANTS INCLUDING CHA CHA COCONUTS,
4:06:45PM ULELE, GOODY GOODY, CAFE CON LECHE IN TAMPA AND IN YBOR.
4:06:51PM HE'S BEING NAMED PART OF MORE THAN A HUNDRED AWARDS.
4:06:55PM HE IS OFFICIALLY NAMED LUMINARY VISIONARY PHILANTHROPY OF
4:06:58PM THE YEAR.
4:06:59PM OUTSTANDING CITIZEN OF THE YEAR.
4:07:01PM TAMPA POLICE CITIZEN OF THE YEAR.
4:07:03PM INDUCTED INTO FIVE ALWAYS OF FAME.
4:07:05PM MOST RECENTLY THE DISTINGUISHED RESTAURANTS OF NORTH
4:07:07PM AMERICA.
4:07:08PM HE HAS SERVED DOZENS OF NONPROFIT BOARDS, ORGANIZATIONS AND
4:07:11PM TAMPA GENERAL'S HOSPITAL GOVERNING BOARD.
4:07:13PM WHAT I'D LIKE TO LOOK AT IS THIS IS A TRIBUTE TO NATIVE
4:07:20PM AMERICANS THAT WE IGNORE AND WE HAD THIS IN OUR HISTORY IN
4:07:27PM EMBRACING THIS ULELE.
4:07:30PM WHAT I WOULD ALSO LIKE TO PUT OUT THERE IS TRY TO IMAGINE
4:07:33PM TAMPA WITHOUT THE COLUMBIA OR RICHARD GONZMART.
4:07:38PM IT'S HARD.
4:07:39PM AND I THINK MR. RUTH IS RIGHT, THERE SHOULD BE A STREET
4:07:43PM NAMED AFTER THIS MAN.
4:07:47PM I REMEMBER HIM ASKING ME, INVITING ME OUT TO THE WATER
4:07:55PM WORKS, TO THE BUILDING BACK IN 2012.
4:07:58PM I MET HIM THERE AT 8:00 IN THE MORNING.
4:08:00PM I WALKED IN AND I LOOKED AT THAT BUILDING AND I THOUGHT,
4:08:05PM THANK YOU FOR TAKING IT -- LEASING IT FROM THE CITY.
4:08:09PM HE DESCRIBED WHAT WAS GOING TO HAPPEN THERE, WHERE THE GRILL
4:08:13PM WAS GOING TO BE.
4:08:14PM WHERE THE BAR WAS GOING TO BE.
4:08:17PM I THOUGHT.
4:08:17PM OKAY WHEN YOU ARE RENOVATING SOMETHING, IT NEVER REALLY
4:08:20PM WORKS OUT THE WAY YOU FIRST THOUGHT.
4:08:22PM WHEN I WALKED INTO THAT OPENING, WHICH HAPPENED TO BE MY
4:08:26PM KICKOFF FOR MY LAST CAMPAIGN, THE GRILL WAS EXACTLY WHAT HE
4:08:30PM SAID IT WAS GOING TO BE TWO YEARS EARLIER.
4:08:33PM HE INVESTED $5 MILLION PLUS, AND THAT WAS A CATALYST FOR ALL
4:08:39PM OF THAT AREA THERE.
4:08:40PM AND THIS IS HOW WE THANK HIM.
4:08:45PM IT'S EMBARRASSING.
4:08:48PM THIS IS AN EMBARRASSMENT.
4:08:49PM I CANNOT EVEN IMAGINE THE AUDACITY THAT IT TOOK TO MAKE THIS
4:09:00PM MAN PICK UP THAT BRONZE AND MOVE IT, WHEN HE HAS
4:09:05PM CONTRIBUTED -- THEY EVEN TAKE CARE OF THE NORTH END PROPERTY
4:09:10PM OF OUR WATER WORKS PARK.
4:09:12PM HE MAINTAINS IT.
4:09:13PM FREE TO THE CITY.
4:09:21PM IT'S AN EMBARRASSMENT.
4:09:24PM >>FRANK REDDICK: IT IS THE LITTLE MAN NEXT DOOR.
4:09:26PM >>YVONNE CAPIN: IF IT WAS HIS BUST, YOU'D LIGHT IT UP.
4:09:30PM WHEN THEY TELL ME THEY WANT TO KEEP THE RIVERWALK -- THE
4:09:36PM RIVER UNCLUTTERED TO CALL THAT BRONZE CLUTTER, THAT'S,
4:09:42PM AGAIN, THE AUDACITY OF SOMEONE THAT DIDN'T LIKE WHAT
4:09:46PM HAPPENED WITH THE CHARACTERS FROM THE FAIRYLAND AND LET ME
4:09:54PM TELL YOU, THIS IS AN EXAMPLE OF WHO THAT MAN IS NEXT DOOR.
4:09:58PM THANK YOU.
4:09:59PM >>FRANK REDDICK: MR. MIRANDA.
4:10:00PM MR. VIERA?
4:10:03PM >>LUIS VIERA: YES, MR. CHAIR, BRIEFLY, I'D LIKE TO PRESENT
4:10:06PM FOR OCTOBER, BREAST CANCER AWARENESS MONTH, AT THEIR
4:10:09PM OCTOBER 4th MEETING TO HOPE IN HIGH HEELS, CITY COUNCIL
4:10:13PM COMMENDATION FOR THEIR YEARS OF WORK AND SERVICE FOR BREAST
4:10:16PM CANCER AWARENESS AND IN PARTICULAR TO ADRIANA PABON, THEIR
4:10:18PM FOUNDER AND PRESIDENT.
4:10:20PM >>FRANK REDDICK: MOTION FROM MR. VIERA.
4:10:23PM SECONDED BY MR. MANISCALCO.
4:10:24PM ALL IN FAVOR OF THE MOTION, AYE.
4:10:25PM >>LUIS VIERA: THANK YOU VERY MUCH.
4:10:26PM AND JUST WANTED TO JUST NOTE VERY BRIEFLY THAT A MAN WHO I
4:10:30PM THINK WE ALL KNOW AND ADMIRE, ED NARAIN PASSED THE FLORIDA
4:10:36PM BAR.
4:10:37PM WE CONGRATULATE FORMER REPRESENTATIVE FOR THAT GREAT
4:10:40PM ACHIEVEMENT.
4:10:42PM ALSO A YOUNG MAN WHO SOMETIMES COMES BEFORE US AND SOMETIMES
4:10:46PM SPEAKS HIS MIND, ASHER EDELSON GRADUATED FROM THE UNIVERSITY
4:10:50PM OF SOUTH FLORIDA.
4:10:51PM ASHER IS A YOUNG MAN WHO HAS HAD A LOT OF CHALLENGES IN LIFE
4:10:55PM AND NEVER LETS THE CHALLENGES HOLD HIM BACK TO GETTING WHERE
4:10:58PM HE WANTS TO BE.
4:10:59PM NOW HE IS LIKE SO MANY OF US, A USF GRADUATE.
4:11:03PM CONGRATULATIONS TO ASHER.
4:11:05PM >>FRANK REDDICK: MOTION TO RECEIVE AND FILE.
4:11:07PM MOTION BY MR. MIRANDA.
4:11:08PM SECONDED BY MR. MANISCALCO.
4:11:09PM ALL IN FAVOR, AYE. OPPOSED.
4:11:11PM WE STAND ADJOURNED.
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