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TAMPA CITY COUNCIL EVENING MEETING
THURSDAY, OCTOBER 10, 2019
6:00 P.M.



DISCLAIMER:

THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME
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06:01:53 >>LUIS VIERA: CITY COUNCIL IS CALLED IN SESSION.

06:01:55 ROLL CALL, SIR, PLEASE.

06:02:02 >>JOHN DINGFELDER: YES.

06:02:02 >>ORLANDO GUDES: HERE.

06:02:03 >>GUIDO MANISCALCO: HERE.

06:02:04 >>JOSEPH CITRO: HERE.

06:02:05 >>CHARLIE MIRANDA: HERE.

06:02:06 >>BILL CARLSON: HERE.

06:02:07 >>LUIS VIERA: HERE.

06:02:08 THANK YOU, SIR.

06:02:10 BEFORE WE BEGIN, I KNOW MR. CITRO WANTED TO MAKE AN

06:02:14 ANNOUNCEMENT.

06:02:14 >>JOSEPH CITRO: I DO, BUT I'M SORRY THAT MY NEW LEGISLATIVE

06:02:19 AIDE IS NOT HERE RIGHT AT THIS SECOND.

06:02:21 SHALL WE CONTINUE AND WE'LL DO IT ANOTHER TIME?

06:02:25 >>LUIS VIERA: THAT WE WILL.

06:02:26 YES, SIR.

06:02:27 MR. CARLSON.




06:02:28 >>BILL CARLSON: I INVITED ARIZONA HERE TO JUST SPEAK ON THE

06:02:33 DISABILITY ISSUES THAT WE TALKED ABOUT BEFORE.

06:02:35 I REALIZED, IS THERE A SPECIAL PUBLIC COMMENT SECTION?

06:02:41 >>LUIS VIERA: IF YOU INVITED A GUEST, I HAVE NO PROBLEM.

06:02:45 WHAT IS THE CONTEXT?

06:02:46 >>BILL CARLSON: WE HAD TALKED ABOUT DISABILITY PARKING AND

06:02:49 SOME OTHER ISSUES.

06:02:50 I WAS TALKING ABOUT IT THE OTHER DAY AND HE HAD SOME

06:02:52 OPINIONS HE WANTED TO GIVE.

06:02:53 >>LUIS VIERA: IF HE'S HERE, I HAVE NO PROBLEM WITH THAT.

06:02:56 >>MARTIN SHELBY: FOR WHAT IT'S WORTH, I WANT YOU TO KNOW I

06:03:01 HAD THE OPPORTUNITY TO PARTICIPATE IN A WEBINAR THIS

06:03:03 AFTERNOON RUN BY THE FLORIDA LEAGUE OF CITIES RELATIVE TO

06:03:06 PUBLIC COMMENT.

06:03:07 ONE OF THE THINGS THAT CAME UP WAS THE DISCUSSION ABOUT, IF

06:03:10 YOU OPEN THE DOOR TO ONE PERSON AND YOU START DISCRIMINATING

06:03:14 AS TO WHAT THE CONTENT AND THE BASIS IS, YOU'RE GOING TO RUN

06:03:17 AFOUL OF THE FIRST AMENDMENT AND PEOPLE'S CIVIL RIGHTS.

06:03:21 >>BILL CARLSON: IS THERE A GENERAL PUBLIC COMMENT TIME

06:03:23 TONIGHT OR IS IT ONLY --

06:03:23 >>MARTIN SHELBY: THURSDAY NIGHTS, GENERALLY, NO, SIR,

06:03:25 THERE'S NEVER ANY PUBLIC COMMENT --

06:03:26 >>LUIS VIERA: BUT I'LL RISK IT.

06:03:28 LET ME ASK, IS ANYBODY ELSE GOING TO STEP UP AND DEMAND TO

06:03:31 SPEAK?




06:03:32 I WOULD THINK NOT.

06:03:34 >>MARTIN SHELBY: IF WE CAN, COUNCIL, JUST FOR THE

06:03:36 PURPOSES -- I UNDERSTAND WE HAVE AN EXCEPTION TONIGHT, BUT

06:03:39 JUST SO THAT WE DON'T --

06:03:40 >>BILL CARLSON: IT'S REALLY HARD FOR HIM TO GET HERE.

06:03:42 >>LUIS VIERA: YES, THIS GENTLEMAN TOOK TIME TO GET HERE, SO

06:03:47 I'LL TAKE THE RISK.

06:03:48 YOUR POINT IS WELL MADE.

06:03:51 >>JOSEPH CITRO: TIM, WOULD YOU COME UP TO THE LECTERN,

06:03:54 PLEASE?

06:03:54 THANK YOU.

06:03:58 MR. CHAIR, COUNCIL MEMBERS, AUDIENCE, I'M PLEASED TO

06:04:01 INTRODUCE THAT I HAVE A NEW LEGISLATIVE AIDE.

06:04:04 MS. HARDWICK HAS GONE ON TO OTHER THINGS WITH HART.

06:04:08 I WOULD LIKE TO INTRODUCE EVERYBODY TO MR. TIM HEVELIN.

06:04:13 HE HAS BEEN A FRIEND OF MINE FOR NINE YEARS.

06:04:16 WE'VE KNOWN EACH OTHER VERY, VERY WELL.

06:04:18 I FEEL THAT WE WILL MAKE A GREAT TEAM.

06:04:20 IF ANYBODY EITHER AT HOME OR IN THE AUDIENCE NEEDS TO EVER

06:04:23 GET IN TOUCH WITH ME, TIM WILL BE THE PERSON THAT MAKES SURE

06:04:27 THAT GETS DONE.

06:04:28 TIM, THANK YOU FOR JOINING OUR TEAM.

06:04:30 THANK YOU FOR BEING MY LEGISLATIVE AIDE.

06:04:33 [ APPLAUSE ]

06:04:39 >>LUIS VIERA: WE'RE VERY EXCITED TO HAVE TIM WITH US.




06:04:42 HE'S A TREMENDOUS INDIVIDUAL.

06:04:43 COUNCILMAN CARLSON, IF YOU WANTED TO INTRODUCE YOUR GUEST,

06:04:46 THAT'S FINE.

06:04:47 >>BILL CARLSON: ARIZONA JENKINS FROM A PROMINENT FAMILY IN

06:04:52 TAMPA AND IS AN ACTIVIST, AVID CIGAR SMOKER, WHICH IS HOW I

06:04:57 KNOW HIM.

06:04:57 BUT HE'S ALSO A CONSULTANT ON DISABILITY ISSUES.

06:05:01 I'VE GONE TO A LOT OF EVENTS WITH HIM, INCLUDING EVENTS LIKE

06:05:04 GASPARILLA MUSIC FESTIVAL.

06:05:05 IT'S REALLY INTERESTING.

06:05:09 CHAIRMAN, YOU KNOW MORE ABOUT THE DISABILITY ISSUES THAN I

06:05:12 DO.

06:05:12 BUT IT'S BEEN REALLY INTERESTING LISTENING AND VIEWING HIS

06:05:15 PERSPECTIVE ON GETTING AROUND.

06:05:17 HE HAD SOME THOUGHTS AND IDEA REGARDING PARKING AND SOME

06:05:20 OTHER ISSUES.

06:05:21 I THOUGHT IT MIGHT BE WORTHWHILE TO HAVE HIM SPEAK.

06:05:23 >>LUIS VIERA: THANK YOU.

06:05:24 THANK YOU FOR BRINGING YOUR WONDERFUL GUEST.

06:05:27 FOR PURPOSES OF TIME, ABOUT HOW LONG?

06:05:29 THREE MINUTES?

06:05:30 FIVE?

06:05:31 >>BILL CARLSON: THREE MINUTES.

06:05:32 >>LUIS VIERA: OKAY.

06:05:33 BOOM.




06:05:33 GO FOR IT, SIR.

06:05:36 >> HOW ARE YOU DOING?

06:05:38 THANK YOU FOR HAVING ME ON HERE.

06:05:39 I AM A PART OF THE ADA COMMITTEE.

06:05:45 AS YOU KNOW -- MANY OF YOU ALREADY KNOW WHO I AM.

06:05:52 YOU'VE BEEN DOING A VERY GOOD JOB WITH THE HART PLUS

06:06:05 PROGRAM, WITH THE YELLOW CAB PROGRAM.

06:06:08 TOGETHER SO WE CAN HAVE MORE INDEPENDENCE.

06:06:15 WE WANT TO HAVE MORE INDEPENDENCE.

06:06:16 SO FAR IT'S BEEN GOING PRETTY GOOD.

06:06:26 ABLE TO GO ANYWHERE YOU WANT TO GO AT ALL TIMES OF THE DAY,

06:06:33 ALL TIMES OF NIGHT.

06:06:34 OTHER THAN YBOR CITY, ALL OVER.

06:06:39 I WOULD LOVE -- NEW HORIZONS PEOPLE WITH DISABILITIES.

06:06:49 WHAT WE DO, WE TEACH INDEPENDENCE FOR PEOPLE WITH

06:06:52 DISABILITIES.

06:06:53 SO WE'RE ABLE TO GET TO DO WHAT YOU WANT TO DO.

06:06:59 IF YOU WANT TO GO TO A JOB, THE MOVIES, THE DOCTORS, AND YOU

06:07:03 DON'T HAVE TO CALL 24 HOURS IN ADVANCE, THAT'S PRETTY GOOD.

06:07:08 BUT WE NEED TO HAVE A LITTLE MORE VARIETY.

06:07:13 BETWEEN HART AND YELLOW.

06:07:17 MORE ABILITIES TO JOIN IN SO YOU CAN HAVE A CALLER CHOICE

06:07:27 PROGRAM, SO YOU CAN CALL YELLOW YOU CAN CALL UNITED OR YOU

06:07:32 CAN CALL WHOEVER YOU WANT TO CALL.

06:07:34 THE POINT IS THAT WHEN -- THE IMPROVEMENTS THAT YOU GUYS ARE




06:07:54 MAKING, I WANT TO THANK YOU ALL FOR WHAT YOU'RE DOING.

06:07:57 PEOPLE WITH DISABILITIES DEPEND ON TRANSPORTATION.

06:08:03 THE MORE YOU PUT INTO TRANSPORTATION, THE MORE WE CAN HAVE

06:08:07 MORE VANS, MORE VEHICLES, MORE DRIVERS.

06:08:12 IN ORLANDO, IN MIAMI, THEY WERE 24 HOURS.

06:08:16 WE GIVE YOU THAT.

06:08:21 YOU KNOW ONE DAY YOU MIGHT WANT TO GO TO THE HOSPITAL AND

06:08:27 YOU DON'T WANT TO GET AN AMBULANCE.

06:08:28 YOU CALL YELLOW CAB AND THEY CAN TAKE YOU TO THE HOSPITAL.

06:08:31 YOUR FATHER OR YOUR MOTHER WANT TO GO SOMEWHERE, IF THEY

06:08:37 CAN'T GO, WE DON'T WANT TO BE BOUND BY THE TIME LIMIT OR HOW

06:08:46 LONG YOU CAN GO, WHEN YOU GO.

06:08:48 WE WANT TO GO 24 HOURS.

06:08:51 SO IF YOU CAN DO THAT, THAT WOULD BE GREAT.

06:08:53 THANK YOU FOR ALLOWING ME TO COME.

06:08:57 AND WE HAVE A VISION OF ADA.

06:09:03 IF YOU HAVE ANY QUESTIONS ABOUT ANY ISSUES WITH ADA, FEEL

06:09:09 FREE TO CALL ME.

06:09:09 I WOULD LIKE TO HELP YOU OUT ANY WAY I CAN.

06:09:13 THANK YOU.

06:09:14 >>BILL CARLSON: THANK YOU FOR BEING GENEROUS.

06:09:16 ONE QUICK STORY.

06:09:17 ONE TIME, THE FIRST TIME I WAS WALKING NEXT TO ARIZONA, HE

06:09:21 LOOKED UP AT ME AND SAID, "WHY ARE YOU WALKING SO SLOW?"

06:09:24 I SAID, "BECAUSE YOU'RE IN A WHEELCHAIR."




06:09:31 AND HE SAID, "YOU DON'T HAVE TO WALK SLOW FOR ME," AND HE

06:09:33 HIT THE GAS AND HE ZOOMED WAY DOWN THE SIDEWALK AHEAD OF ME.

06:09:37 [ LAUGHTER ]

06:09:37 >>LUIS VIERA: THANK YOU.

06:09:38 ANYONE ELSE?

06:09:39 >>ORLANDO GUDES: IT TAKES A LOT OF COURAGE TO COME BEFORE

06:09:42 PEOPLE AND TALK.

06:09:43 IT TAKES A LOT OF COURAGE TO GET UP EVERY DAY AND DO WHAT

06:09:51 YOU NEED TO DO.

06:09:52 PEOPLE WITH DISABILITIES NO DIFFERENT THAN ANYBODY ELSE.

06:09:55 THEY GET UP, START THEIR DAY, AND MAKE IT THE BEST DAY THEY

06:10:00 CAN.

06:10:00 I APPRECIATE YOU FOR YOUR EFFORTS OF COMING OUT AND BEING A

06:10:04 FRIEND OF MR. CARLSON AND SHARING YOUR STORY AND YOUR

06:10:07 ADVOCACY.

06:10:07 WE'RE GOING TO DO OUR BEST TO CONTINUE, ESPECIALLY WITH OUR

06:10:11 GREAT CHAIRMAN TO FIGHT FOR THOSE WITH DISABILITIES.

06:10:14 THANK YOU AGAIN, MY FRIEND.

06:10:16 >>LUIS VIERA: ANYONE ELSE?

06:10:17 COUNCILMAN DINGFELDER.

06:10:20 >>JOHN DINGFELDER: I WAS JUST WAVING TO ARIZONA.

06:10:23 GO BACK ALMOST 20 YEARS WITH HARTLINE AND HE'S AMAZING.

06:10:27 THANK YOU SO MUCH.

06:10:28 >>LUIS VIERA: THANK YOU, MR. ARIZONA.

06:10:30 THANK YOU, COUNCILMAN CARLSON, FOR INVITING THIS FINE




06:10:33 GENTLEMAN OVER.

06:10:33 I CAN TELL YOU FROM MY PERSPECTIVE, ALWAYS SAY THAT THE

06:10:37 DEBATE ON TRANSPORTATION, IT'S NOT ABOUT MAKING SURE THAT

06:10:40 THAT ATTORNEY WHO LIVES IN HUNTER'S GREEN CUTS DOWN HIS

06:10:43 COMMUTE FROM 50 MINUTES TO 47 MINUTES.

06:10:46 IT'S MAKING SURE THAT THAT SINGLE MOM A CNA OR SINGLE DAD

06:10:50 WHO IS A CNA OR THE PERSON WORKING AT PUBLIX OR CVS OR THE

06:10:54 INDIVIDUAL WITH SPECIAL NEEDS OR DISABILITIES HAS DIGNITY,

06:11:01 BECAUSE THERE IS A SAYING THAT GOES, IF BY TAKING A FEW

06:11:03 STEPS I CAN HELP YOU GO MILES AND I'LL TAKE THOSE FEW STEPS

06:11:07 ANY DAY.

06:11:08 FOR THE DISABILITY COMMUNITY, WE NEED TO TAKE THOSE STEPS.

06:11:11 IT DOESN'T COST US AS SOCIETY A WHOLE HECK OF A LOT BUT IT

06:11:15 MEANS A LOT TO PEOPLE WHO DON'T HAVE A VOICE.

06:11:17 THANK YOU VERY MUCH FOR COMING.

06:11:18 YOU REALLY MADE AN IMPACT.

06:11:20 THANK YOU, SIR.

06:11:20 THANK YOU.

06:11:21 GOD BLESS YOU.

06:11:21 I'D LOVE TO MEET WITH YOU ANOTHER TIME IF YOU EVER WANT,

06:11:26 JUST -- THANK YOU, SIR.

06:11:29 COUNCILMAN CARLSON, THANK YOU.

06:11:36 OKAY.

06:11:40 WE BEGIN NOW WITH ITEM NUMBER 1.

06:11:44 >>MARTIN SHELBY: MR. CHAIRMAN, THIS ONE IS ALREADY OPEN, BUT




06:11:48 YOU MIGHT AS WELL, IF YOU DON'T MIND --

06:11:50 >>LUIS VIERA: MOTION BY COUNCILMAN MANISCALCO.

06:11:52 SECONDED BY COUNCILMAN GUDES.

06:11:55 ALL IN FAVOR?

06:11:57 ANYONE OPPOSED?

06:11:58 IF ANYONE WILL BE SPEAKING HERE AND TESTIFYING AS THESE ARE

06:12:01 QUASI-JUDICIAL HEARINGS, PLEASE STAND UP IF YOU'RE ABLE TO

06:12:04 DO SO AND RAISE YOUR RIGHT HAND AND BE PREPARED TO BE SWORN

06:12:07 IN.

06:12:09 [OATH ADMINISTERED]

06:12:17 >>MARY SAMANIEGO: MARY SAMANIEGO, PLANNING DESIGN AND

06:12:19 DEVELOPMENT COORDINATION.

06:12:20 WE'LL DO HOUSE KEEPING FOR THE AGENDA FIRST, PLEASE.

06:12:22 THE FIRST ITEM ON THE AGENDA IS REZ 19-50.

06:12:26 THE APPLICANT HAS REQUESTED A CONTINUANCE.

06:12:28 I BELIEVE THE CONTINUANCE REQUEST WAS JUST TO CITY COUNCIL.

06:12:35 >>LUIS VIERA: PUBLIC COMMENT.

06:12:36 IS ANYONE HERE TO PUBLICLY COMMENT ON ITEM NUMBER 1 AS IT

06:12:40 RELATES SOLELY TO THE CONTINUANCE?

06:12:43 IF SO, PLEASE COME FORWARD.

06:12:45 >>MARTIN SHELBY: I BELIEVE MR. GRANDOFF IS HERE.

06:12:47 HE IS THE PETITIONER.

06:12:48 >>LUIS VIERA: I'M SORRY.

06:12:49 IF YOU WANT TO SPEAK TO THE MOTION, YOU MAY AND THEN PUBLIC

06:12:52 COMMENT.




06:12:56 >>JOHN GRANDOFF: GOOD EVENING.

06:12:57 MY NAME IS JOHN GRANDOFF.

06:12:59 ADDRESS IS SUITE 3700, BANK OF AMERICA PLAZA.

06:13:02 I HAVE THE PLEASURE OF REPRESENTING MMS PROPERTIES,

06:13:07 REQUESTING A CONTINUANCE THIS EVENING UNDER THE CODE.

06:13:11 I PROVIDED A LETTER TO MS. SAMANIEGO BACK ON SEPTEMBER 25.

06:13:15 HAVE YOU ALL BEEN ABLE TO READ THE LETTER?

06:13:17 IT INCLUDES MY REASONS FOR THE CONTINUANCE.

06:13:32 >>LUIS VIERA: COUNCIL, EVERYONE GOT THAT LETTER?

06:13:34 OKAY.

06:13:35 YES.

06:13:36 >>JOHN GRANDOFF: I ALSO WANT TO POINT OUT THAT THERE ARE

06:13:38 SOME EXTRAORDINARY CIRCUMSTANCES REGARDING THIS PROJECT, AS

06:13:43 ENUNCIATED IN THE THIRD PARAGRAPH, FOURTH PARAGRAPH OF MY

06:13:47 LETTER.

06:13:47 I ALSO WANT TO POINT OUT TO YOU, I'M REQUESTING A

06:13:51 CONTINUANCE UNTIL MARCH 12th.

06:13:54 THIS IS THE OFFICIAL ZONING SCHEDULE.

06:14:01 YOU'LL SEE THAT THE SEQUENCE I WOULD FALL IN WOULD BE THE

06:14:07 APPLICATION DEADLINE OF NOVEMBER 12.

06:14:11 I'M ASKING FOR THE CONTINUANCE UNTIL MARCH 12th, WHICH

06:14:52 PUTS US IN THE NEXT FILING SEQUENCE, WHICH CLOSES ON

06:14:56 NOVEMBER 12 WITH THE DRC MEETING, FINAL SITE PLANS,

06:15:01 ET CETERA, ET CETERA.

06:15:02 SO WE SIMPLY FALL INTO THE CURRENT SEQUENCE.




06:15:05 AS YOU MAY RECALL FROM THE HEARING, WE HAD AN OPEN ISSUE ON

06:15:09 THE ELEVATION ON THE EAST.

06:15:11 AS I INDICATED IN MY LETTER, BECAUSE OF DELAYS ON THE

06:15:15 NEIGHBORING PROJECT AND MY CLIENT IS ALSO DEVELOPING BECAUSE

06:15:19 OF LABOR AND MATERIAL DELAYS, WE'RE REQUESTING THIS

06:15:23 CONTINUANCE SO SHE CAN REPURPOSE THE BUILDING, ADDRESS THE

06:15:26 ELEVATION, WHICH WAS THE CONCERN OF THE NEIGHBOR TO THE EAST

06:15:29 WHO, IN FACT, HAS SOLD HIS PROPERTY.

06:15:31 AND WE'RE ALSO CONSIDERING REVISING THE BUSINESS PLAN FOR

06:15:35 THE DEVELOPMENT OF THE PROJECT.

06:15:36 MY CLIENT IS NOT A CONTINGENCY DEVELOPER.

06:15:41 SHE OWNS THE PROPERTY.

06:15:42 SHE HAS OWNED IT FOR YEARS.

06:15:44 SHE PLANS ON DEVELOPING IT EITHER ON HER OWN OR IN A JOINT

06:15:47 VENTURE OR PERHAPS SELLING THE PROPERTY IF THE SITE PLAN IS

06:15:52 ACCEPTABLE TO A BUYER.

06:15:54 WE WANT TO FALL IN THE SEQUENCE.

06:15:56 WE WILL RENOTICE THE NEIGHBORHOOD.

06:15:57 WE WILL MEET WITH THE NEIGHBORHOOD AGAIN.

06:15:59 WE WILL ADDRESS THEIR REASONS FOR THE CONTINUANCE THE LAST

06:16:02 TIME.

06:16:03 ESSENTIALLY AN ITEM OF FAIRNESS AND I THINK GOOD POLICY TO

06:16:06 GRANT THE CONTINUANCE.

06:16:07 I ASK THAT IT BE GRANTED THIS EVENING.

06:16:10 >>LUIS VIERA: THANK YOU, SIR.




06:16:11 COUNCILMAN DINGFELDER, GO AHEAD, SIR.

06:16:25 >>JOHN DINGFELDER: I LOOK FORWARD TO HEARING FROM THE FOLKS

06:16:27 THAT ARE HERE.

06:16:28 BUT I JUST HAVE ONE QUESTION, MR. GRANDOFF.

06:16:32 IT'S MORE OF A COMMENT PERHAPS, BUT IF, IN FACT, SHE DOES

06:16:39 DECIDE TO CONTINUE WITH THIS AT SOME FUTURE DATE, WHENEVER

06:16:46 THAT IS, IT CONCERNS ME A LITTLE BIT WHEN YOU SAY AT THE

06:16:50 BOTTOM OF THE FIRST PAGE, PLEASE RECALL THAT THE LAYOUT,

06:16:54 SETBACKS, YARDS, FOOTPRINT OF THE BUILDING IS NOT AN ISSUE,

06:16:57 RATHER THE EAST ELEVATION WAS A PRIMARY TOPIC OF DISCUSSION.

06:17:00 WE'RE CONSIDERING REVISIONS ACCORDINGLY.

06:17:05 MAYBE I'M SPLITTING HAIRS, BUT THAT NIGHT I HEARD A LOT

06:17:08 ABOUT MASS AND BULK.

06:17:12 >>JOHN GRANDOFF: PRIMARILY ON THE EAST ELEVATION.

06:17:14 >>JOHN DINGFELDER: WELL, NO, THE WHOLE STAIR STEPPING AND

06:17:17 ALL THAT.

06:17:17 REVIEW THE TAPES OR WHATEVER.

06:17:20 I JUST WANT TO MAKE SURE THAT IF AND WHEN YOU ALL DO COME

06:17:24 BACK, THAT YOU'RE ADDRESSING MORE THAN JUST THAT ONE SIDE,

06:17:28 WELL, AT LEAST AS I HEARD IT.

06:17:30 TAKE IT AS YOU WISH.

06:17:33 >>LUIS VIERA: COUNCILMAN GUDES.

06:17:34 >>ORLANDO GUDES: IS THIS THE SECOND CONTINUANCE THAT WE'RE

06:17:37 ASKING FOR?

06:17:38 >>JOHN GRANDOFF: NO.




06:17:40 >>JOHN DINGFELDER: WE HAVE THE FIRST CONTINUANCE WAS THAT

06:17:43 NIGHT.

06:17:43 >>JOHN GRANDOFF: RIGHT, RIGHT.

06:17:45 THIS WOULD BE THE SECOND CONTINUANCE.

06:17:48 >>LUIS VIERA: ANYONE ELSE?

06:17:49 MR. SHELBY, WHAT STANDARD DO WE HAVE UNDER CONTINUANCES JUST

06:17:53 WITHIN OUR SOUND DISCRETION?

06:17:58 >> GOOD EVENING.

06:17:59 CATE WELLS, OFFICE OF THE CITY ATTORNEY.

06:18:01 SECTION 27-148 OF YOUR CODE REQUIRES COUNCIL TO TAKE ACTION

06:18:06 ON AN APPLICATION FOR A REZONING WITHIN 180 DAYS OF THE

06:18:10 APPLICATION BEING FILED AND ACCEPTED BY THE ZONING

06:18:14 ADMINISTRATOR.

06:18:15 WHEN WE ARE GETTING BEYOND THAT 180-DAY PERIOD, YOU ARE

06:18:18 ALLOWED TO EXTEND THE TIMELINE IF YOU FIND THAT THERE ARE

06:18:23 EXTENUATING CIRCUMSTANCES.

06:18:25 IF COUNCIL IS INCLINED TO GRANT THE PETITIONER'S REQUEST FOR

06:18:28 AN EXTENSION, I WOULD ASK THAT IN YOUR MOTION YOU STATE WHAT

06:18:31 THOSE EXTENUATING CIRCUMSTANCES ARE.

06:18:33 >>LUIS VIERA: COUNCILMAN CARLSON.

06:18:35 >>BILL CARLSON: SINCE YOU'RE UP, WHEN THERE'S A CONTINUANCE,

06:18:41 I THINK WHAT MARTY ALWAYS SAYS IS THAT THE PUBLIC NEEDS TO

06:18:43 BE -- NEEDS TO WRITE IT IN THEIR OWN CALENDAR BECAUSE

06:18:46 THERE'S NO OTHER NOTICE.

06:18:47 SO THIS WILL BE THE SECOND TIME AND MAYBE SIMILAR ISSUES




06:18:52 HAVE COME UP.

06:18:53 WHAT RIGHTS ARE THERE FOR THE PUBLIC IN REGARD TO THESE

06:19:01 ISSUES?

06:19:01 >>CATE WELLS: IF I READ MR. GRANDOFF'S REQUEST CORRECTLY, HE

06:19:06 IS OFFERING TO RENOTICE.

06:19:07 SO THE BURDEN WOULD NOT BE ON THE PUBLIC TO TRACK THIS

06:19:10 APPLICATION AND BE MINDFUL OF WHEN IT'S GOING TO BE

06:19:12 RESCHEDULED.

06:19:13 HE HAS I BELIEVE IN HIS LETTER OFFERED TO COMPLY WITH WHAT

06:19:18 WOULD BE THE INITIAL NOTICING PROCEDURES.

06:19:20 >>BILL CARLSON: STILL CALLED A CONTINUANCE OR SOMETHING

06:19:22 ELSE?

06:19:23 >> CATE WELLS: HE'S ASKING FOR A CONTINUANCE SO HE DOESN'T

06:19:27 HAVE TO REFILE.

06:19:28 HE'S OFFERING, HE'S VOLUNTARILY OFFERING TO PROVIDE THE

06:19:34 NOTICE REQUIREMENTS THAT WOULD APPLY TO AN INITIAL HEARING.

06:19:40 >>MARTIN SHELBY: IF I COULD FOLLOW UP ON THAT COUNCIL IN THE

06:19:42 PAST HAS ALSO MADE THOSE REQUESTS OF THE PETITIONER.

06:19:46 MR. GRANDOFF HAS DONE SO VOLUNTARILY.

06:19:49 WHEN YOU GET TO THE POINT WHERE YOU'RE FIVE MONTHS OR SIX

06:19:51 MONTHS OUT, COUNCIL CUSTOMARILY IN THE PAST REQUESTED THAT

06:19:57 THE PUBLIC BE RENOTICED, WHETHER RENOTICING AREA.

06:20:03 >>BILL CARLSON: I'M SURE WE'RE GOING TO HEAR THIS IN A

06:20:05 SECOND FROM THE PUBLIC.

06:20:07 BUT I THINK FOLKS THAT ARE WORKING AND HAVE FAMILIES DON'T




06:20:09 LIKE COMING OUT OVER AND OVER AND OVER AGAIN FOR THESE

06:20:13 HEARINGS.

06:20:13 THEY PREPARE AND THEY WANT IT TO BE FINISHED.

06:20:17 DO WE HAVE ANY OBLIGATION OF THE PUBLIC?

06:20:20 HOW DO WE BALANCE THAT?

06:20:21 IS THERE ANY LEGAL GUIDELINE?

06:20:25 >>CATE WELLS: YES, THE STANDARD IN YOUR CODE IS JUST YOU

06:20:26 WOULD HAVE TO MAKE THAT FINDING OF EXTENUATING CIRCUMSTANCES

06:20:31 TO GRANT THE REQUEST FOR CONTINUANCE.

06:20:33 I THINK MR. GRANDOFF IN HIS WRITTEN CORRESPONDENCE HAS

06:20:36 IDENTIFIED WHAT HE FEELS ARE THOSE EXTENUATING CIRCUMSTANCES

06:20:39 ON BEHALF OF HIS CLIENT.

06:20:40 I BELIEVE THERE ARE MEMBERS OF THE PUBLIC THAT WOULD LIKE TO

06:20:43 SPEAK TO THAT AS WELL.

06:20:46 >>LUIS VIERA: ANYONE ELSE?

06:20:47 THANK YOU, MA'AM.

06:20:48 >>CATE WELLS: THANK YOU.

06:20:53 >>JOHN GRANDOFF: TO GO TO MR. CARLSON'S QUESTION, WE WOULD

06:20:55 SIMPLY FALL INTO THE SEQUENCE, WHICH REQUIRES PUBLIC NOTICE

06:21:03 DEADLINE.

06:21:03 SO WE WOULD DELIVER NOTICE AND REPOST THE PROPERTY ON

06:21:07 FEBRUARY 11th.

06:21:08 I THINK WHAT'S IMPORTANT TO KNOW IS WHAT'S THE REASON FOR

06:21:10 THE RULE?

06:21:11 WHY DO WE HAVE THE RULE?




06:21:12 THE RULE IS TO PROTECT APPLICANTS FROM THE CITY TAKING TOO

06:21:15 LONG TO PROCESS AND RULE ON AN APPLICATION.

06:21:18 SO THEY ARE NOT INDEFINITELY IN THE PROCESS.

06:21:23 THIS IS EXTRAORDINARY IN THAT WE WANT TO CONTINUE IN THE

06:21:26 PROCESS AND ASK FOR MORE TIME TO REALIGN THE SITE PLAN, AS

06:21:31 I'VE INDICATED IN THE LETTER.

06:21:33 THESE ARE EXTRAORDINARY CIRCUMSTANCES.

06:21:35 WE'LL SIMPLY FALL INTO SEQUENCE AS IF WE FILED TOMORROW, WE

06:21:39 WOULD HAVE A HEARING -- IF WE FILE A BRAND-NEW APPLICATION

06:21:42 TOMORROW, WE'D HAVE A HEARING ON MARCH 11 -- MARCH 12th,

06:21:45 IT SEEMS TO BE A REASONABLE REQUEST.

06:21:47 I ASK THAT YOU APPROVE IT.

06:21:49 >>LUIS VIERA: THANK YOU, SIR.

06:21:50 ANYONE ELSE?

06:21:51 OKAY.

06:21:53 NOW WE GO FORWARD TO PUBLIC COMMENT ONLY ON THE CONTINUANCE.

06:21:58 SO WE HAVE TWO PEOPLE.

06:21:59 ANYONE ELSE SPEAKING ON THE CONTINUANCE?

06:22:02 JUST TO MAKE SURE.

06:22:03 PLEASE STATE YOUR NAME.

06:22:05 >> GOOD EVENING, COUNCIL.

06:22:05 MY NAME IS KATHY FARZANEGAN.

06:22:09 MY HUSBAND FRED AND I OWN OUR HOME AT 82 COLUMBIA DRIVE

06:22:12 WHICH IS WITHIN A 250-FOOT RADIUS OF 85 DAVIS BOULEVARD.

06:22:16 WE THEREFORE HAVE STANDING.




06:22:18 THE ATTORNEY OF THE OWNER OF 85 DAVIS SENT A LETTER TO

06:22:21 MS. MARY SAMANIEGO ON SEPTEMBER 24th REQUESTING A

06:22:25 FIVE-MONTH CONTINUANCE OF THIS REZONING MATTER FROM TONIGHT

06:22:28 TO MARCH 12th, 2020, STATING THAT EXTENUATING

06:22:33 CIRCUMSTANCES HAVE PREVENTED THEM FROM FOLLOWING THE

06:22:35 DIRECTION OF THE CITY STAFF AND THE COUNCIL AT THE PREVIOUS

06:22:39 HEARING.

06:22:39 AS YOU HAVE SAID, AND AS MR. DINGFELDER EMPHASIZED ON

06:22:43 JULY 18, COUNCIL EXPECTS DEVELOPERS TO MEET WITH NEIGHBORS

06:22:46 ON PROJECTS THAT HAVE A SIGNIFICANT IMPACT ON THEIR

06:22:50 PROPERTY.

06:22:51 NEITHER MR. GRANDOFF NOR THE OWNER HAVE REQUESTED A MEETING

06:22:54 WITH US, EITHER PRIOR TO THE LAST HEARING OR SINCE, AND NO

06:23:00 JUSTIFICATION OR PROJECT NARRATIVE TO SUPPORT THE ZONING

06:23:04 REQUEST FROM RM 24 TO PD HAS BEEN PROVIDED TO US OR CITY

06:23:10 STAFF FOR THE REQUEST TO BE EVALUATED PROPERLY.

06:23:12 THERE IS ALSO A SIGNIFICANT MISREPRESENTATION IN

06:23:16 MR. GRANDOFF'S LETTER ABOUT THE OPPOSITION TO THIS PROJECT.

06:23:20 HE ASSERTS THAT LAYOUT, SETBACKS, YARD, AND FOOTPRINT OF THE

06:23:23 BUILDING WERE NOT IN ISSUE, A STATEMENT THAT BLATANTLY

06:23:26 CONFLICTS WITH THE WRITTEN RECORD AND PUBLIC TESTIMONY ON

06:23:29 JULY 18th.

06:23:31 DAVIS ISLAND RESIDENTS SHOWED UP IN LARGE NUMBERS TO OPPOSE

06:23:35 THIS PROJECT.

06:23:36 MANY HAVE RETURNED THIS EVENING TO SHOW THEIR OPPOSITION TO




06:23:40 THE CONTINUANCE.

06:23:41 WE OFFERED SUBSTANTIAL AND COMPETENT EVIDENCE TO SUPPORT THE

06:23:45 DENIAL OF THIS REQUEST.

06:23:47 MR. GRANDOFF ASKED FOR AND RECEIVED A 60-DAY EXTENSION AT

06:23:51 THAT HEARING IN ORDER TO RECTIFY OUR CONCERNS.

06:23:54 HOWEVER, THEY HAVE TAKEN NO ACTION TO DO SO.

06:23:57 YOU ALL ARE EXTREMELY BUSY AND LIKELY HAVE NOT HAD TIME TO

06:24:01 REVIEW THE RECORD.

06:24:02 SO I'D LIKE TO QUOTE FROM THE TRANSCRIPT.

06:24:05 MR. GRANDOFF SAID, WE WANT TO DO ANOTHER SITE PLAN AND BRING

06:24:08 IT TO THEM AND THAT WILL PROBABLY REQUIRE ANOTHER MEETING

06:24:10 WITH MARY'S STAFF.

06:24:12 I THINK IT WILL TAKE ABOUT 60 DAYS.

06:24:14 MR. CARLSON STATED, I WROTE A LIST OF ABOUT 20 THINGS, AND

06:24:19 THE MASSING WAS PROBABLY THE BIGGEST AND TURNING THE SETBACK

06:24:22 IN FRONT.

06:24:23 I WOULD ENCOURAGE YOU TO SIT DOWN AND HAVE A FULL

06:24:26 DISCUSSION, BRAINSTORM WITH THE ARCHITECTS.

06:24:29 THAT WOULD BE AN IDEAL SITUATION.

06:24:30 MR. GRANDOFF AND THE OWNER MET WITH THE DAVIS ISLANDS CIVIC

06:24:34 ASSOCIATION ONCE PRIOR TO THE JULY 18th HEARING.

06:24:38 DESPITE MISREPRESENTING IT AT THE LAST HEARING, AT NO TIME

06:24:43 HAVE ANY OF US WHO ARE DIRECTLY IMPACTED BY THIS STRUCTURE

06:24:47 BEEN CONTACTED BEYOND THE MANDATORY NOTICE LETTER.

06:24:51 THE PROPOSED STRUCTURE IS ADJACENT TO TWO SINGLE-FAMILY




06:24:54 HOMES AND APPROVING IT WOULD SIGNIFICANTLY IMPACT OUR

06:24:58 PRIVACY, THE EXPECTATION OF SEPARATION BETWEEN OUR

06:25:01 PROPERTIES, AND OUR OVERALL QUALITY OF LIFE.

06:25:04 THE OWNER AND HER ATTORNEY HAVE TAKEN NO STEPS TO WORK WITH

06:25:08 US, TO GRANT THEM THIS SIGNIFICANT CONTINUANCE --

06:25:12 >>LUIS VIERA: I'LL LET YOU FINISH UP.

06:25:13 TEN SECONDS.

06:25:14 >> TO GRANT THIS SIGNIFICANT CONTINUANCE TO MARCH 12th

06:25:20 REWARDS THIS DISRESPECTFUL BEHAVIOR.

06:25:23 MY HUSBAND AND I RESPECTFULLY ASK YOU TO DENY THIS REQUEST.

06:25:26 >>LUIS VIERA: THANK YOU VERY MUCH, MA'AM.

06:25:28 NEXT, PLEASE.

06:25:34 >> GOOD EVENING, MR. CHAIRMAN, COUNCIL MEMBERS, BOB

06:25:37 ABBERGER, 540 BOSPHOROUS AVENUE, DAVIS ISLANDS, AND ALSO

06:25:41 ZONING CHAIR OF THE CIVIC ASSOCIATION.

06:25:44 WE ARE ON RECORD AND HAVE SUBMITTED CORRESPONDENCE

06:25:48 REQUESTING YOUR DENIAL OF THE CONTINUANCE AND OUR

06:25:52 JUSTIFICATIONS FOR THAT REQUEST.

06:25:53 WE FIRST RESPECT YOUR TIME.

06:25:57 WE DIDN'T WANT TO PACK THIS ROOM TONIGHT AND MAKE THIS A

06:26:01 MARATHON.

06:26:02 WE THINK IT IS PRETTY STRAIGHTFORWARD.

06:26:04 I KNOW IT'S JUST A CONTINUANCE.

06:26:06 IT'S JUST A CONTINUANCE.

06:26:08 BUT IF YOU LOOK AT THE MATTER OF THE CONTINUANCE, IF YOU




06:26:13 GRANT THIS ONE, I DON'T KNOW HOW YOU COULD EVER DENY ANY

06:26:18 REQUEST FOR A CONTINUANCE, BECAUSE AT ITS HEART, WE SIMPLY

06:26:23 DIDN'T HAVE TIME.

06:26:25 WE DO FEEL THERE IS AN ABSENCE OF GOODWILL.

06:26:28 MR. DINGFELDER, YOU SPECIFICALLY DIRECTED THE DEVELOPER TO

06:26:31 MEET WITH NEIGHBORS AND THE ASSOCIATION.

06:26:35 WE REACHED OUT ON TWO OCCASIONS TRYING TO BE A FACILITATOR

06:26:39 AND HAD NO REQUESTS, NO RESPONSE, ANYTHING WOULD HAVE GIVEN

06:26:44 US COMFORT OF THEIR INTENT TO TRY AND SATISFY THE CONCERNS.

06:26:49 I WOULD ALSO UNDERSCORE KATHY'S COMMENT THAT I BELIEVE THE

06:26:55 REQUEST IS A MISREPRESENTATION, IF YOU WILL, OF WHAT

06:26:58 OCCURRED THAT EVENING.

06:27:00 THE LIST OF THINGS THAT WE HAD A PROBLEM WITH, WE SIMPLY RAN

06:27:03 OUT OF TIME TO ADDRESS THEM ALL.

06:27:05 SO AT ITS HEART, WE KNOW IT'S JUST A CONTINUANCE.

06:27:15 WE REQUEST YOU DENY IT.

06:27:16 WE DON'T BELIEVE THERE'S JUSTIFICATION FOR THE ORIGINAL PD.

06:27:20 THE ORIGINAL 60 DAYS WAS GENEROUS AND APPROPRIATE.

06:27:25 THIS FURTHER EXTENSION IS WITHOUT JUSTIFICATION, WITHOUT

06:27:30 WARRANT AND SETS A BAD PRECEDENT.

06:27:32 WE REQUEST YOUR DENIAL.

06:27:34 >>LUIS VIERA: THANK YOU, SIR.

06:27:35 ANYONE ELSE?

06:27:36 MR. GRANDOFF, IF YOU WANT TO DO ANY REBUTTAL?

06:27:42 >>JOHN GRANDOFF: YES, I'D LIKE SOME REBUTTAL.




06:27:45 FIRST OF ALL, I TAKE MY PROFESSION VERY SERIOUSLY.

06:27:50 I DIDN'T MISREPRESENT ANYTHING.

06:27:52 I'VE NOT BEEN DISRESPECTFUL TO ANYONE.

06:27:56 MY CLIENT INSTRUCTED ME, "JOHN, WE NEED TO STOP THIS PROJECT

06:28:01 RIGHT NOW.

06:28:01 I NEED TO FINISH THE ONE ACROSS THE STREET, CONCENTRATE ON

06:28:05 THAT ONE."

06:28:06 IT'S WELL KNOWN THAT THERE HAVE BEEN LABOR AND MATERIAL

06:28:09 STOPPAGES AND SHORTAGES IN THE CONSTRUCTION BUSINESS BECAUSE

06:28:12 OF THE STRENGTH OF THE ECONOMY.

06:28:14 SHE SAID, JOHN, I WANT TO GET THIS ONE FINISHED FIRST.

06:28:17 STOP EVERYTHING, DON'T REVISE THE SITE PLAN, NO MEETINGS.

06:28:19 JUST WAIT.

06:28:20 LET'S SEE.

06:28:21 I WANT TO REEVALUATE WHAT I'M DOING.

06:28:23 I SAID WE CAN DO THAT.

06:28:23 THE CODE LET'S YOU DO THAT, BUT WE'RE OUT OF TIME.

06:28:26 WE NEED TO SHOW THAT SOMETHING IS EXTRAORDINARY.

06:28:28 THAT'S THE REASON FOR SEPTEMBER 25 LETTER.

06:28:31 THE NEIGHBORHOOD'S REQUEST IS SIMPLY PUNITIVE.

06:28:35 WE'RE GOING TO COME BACK WITH A REZONING APPLICATION.

06:28:38 WE CAN DO IT A GENTLEMANLY WAY OR WE CAN DO IT THE OTHER

06:28:42 WAY.

06:28:43 JUST GIVE ME THE CONTINUANCE AND WE'LL BE BACK IN ANOTHER

06:28:46 DAY.




06:28:46 SHE OWNS THE PROPERTY.

06:28:49 SHE WANTS TO DEVELOP THE PROPERTY.

06:28:51 I SEE NO REASON TO BE PUNITIVE ABOUT IT.

06:28:53 I DID NOT MISREPRESENT ANYTHING.

06:28:55 THANK YOU.

06:28:57 >>LUIS VIERA: ANY QUESTIONS?

06:28:59 COUNCILMAN DINGFELDER.

06:29:00 >>JOHN DINGFELDER: MR. GRANDOFF, THE ONLY THING LEFT IN MY

06:29:04 MIND IS, DID YOU COMMUNICATE WHAT YOU'VE GOT HERE IN WRITING

06:29:14 TO US, WHAT YOU'VE ASSERTED TO US DURING THE 60-DAY INTERIM

06:29:19 TO MR. ABBERGER OR ANY OF THE AFFECTED NEIGHBORS,

06:29:24 SPECIFICALLY AS RELATED TO THESE EXTENUATING CIRCUMSTANCES?

06:29:29 YOU KNOW, THE FACT THAT YOU DIDN'T HAVE ANY SITE PLAN

06:29:32 BECAUSE YOU DIDN'T ANTICIPATE GOING FORWARD, ET CETERA.

06:29:34 >>JOHN GRANDOFF: NO.

06:29:35 I COPIED THEM ON MY LETTER.

06:29:38 >>JOHN DINGFELDER: I DON'T KNOW WHAT THE DATE OF YOUR LETTER

06:29:40 IS.

06:29:40 >>JOHN GRANDOFF: SEPTEMBER 25.

06:29:41 MY CLIENT SAID, JOHN, I WANT TO FINISH THE OTHER PROJECT

06:29:45 NOW.

06:29:45 WE'LL GET BACK TO THE OTHER SIDE OF BERING LATER IN THE

06:29:51 SUMMER.

06:29:51 SHE WAS ON VACATION FOR AN EXTENDED AMOUNT OF TIME.

06:29:54 SHE CAME BACK, SHE SAYS, I THINK WE'VE GOT TO DO THIS AT




06:29:58 ANOTHER TIME IN THE FALL -- I MEAN IN THE SPRING.

06:30:00 WHAT CAN YOU DO?

06:30:01 I SAID I THINK WE CAN REQUEST A CONTINUANCE UNDER THE RULE,

06:30:04 UNDER EXTRAORDINARY CIRCUMSTANCES.

06:30:05 I PREPARED THE LETTER AND I COPIED THE ASSOCIATION ON THE

06:30:08 LETTER.

06:30:09 THERE WAS NOTHING ELSE TO TELL THEM UNTIL THEN.

06:30:14 THAT'S WHERE WE WERE.

06:30:16 THAT HAPPENS IN THIS BUSINESS.

06:30:18 SOMETIMES YOU GO DORMANT FOR A WHILE ON THE PROJECT.

06:30:20 I'M SURE MR. ABBERGER WENT DORMANT A COUPLE OF TIMES ON HIS

06:30:24 PROJECTS AS A DEVELOPER.

06:30:25 THAT'S WHAT HAPPENS.

06:30:25 YOU PUT YOUR PRIORITIES ON ANOTHER PROJECT.

06:30:27 YOU FINISH THAT ONE UP AND THEN PICK UP THE OTHER ONE.

06:30:29 SOMETIMES RULES ARE MOVING ON YOU AND THIS ONE MOVED ON US.

06:30:35 >>JOHN DINGFELDER: WHAT WOULD YOUR INTENT BE IF WE DENIED

06:30:39 YOUR REQUEST RIGHT NOW.

06:30:42 >>JOHN GRANDOFF: IF YOU DENY THE APPLICATION, THE CODE --

06:30:45 >>JOHN DINGFELDER: IF WE DENY YOUR REQUEST FOR AN EXTENSION.

06:30:48 >>JOHN GRANDOFF: IF YOU DENY THE REQUEST OF EXTENSION, I

06:30:50 WOULD ASK FOR AN UP OR DOWN VOTE.

06:30:52 IF YOU GIVE AN UP-OR-DOWN VOTE AND IF YOU APPROVE THE

06:30:55 PROJECT, TERRIFIC.

06:30:56 IF YOU DENY THE PROJECT, I CAN REFILE NEXT WEEK, IF I




06:31:00 ADDRESS THE REASONS FOR DENIAL, NAMELY THE ELEVATIONS, THE

06:31:04 MASSING.

06:31:04 VIRTUALLY I COULD BE BACK NEXT WEEK.

06:31:07 THAT WOULDN'T HAPPEN.

06:31:08 WE'D NEED SOME TIME TO PREPARE THE SITE PLAN.

06:31:13 >>JOHN DINGFELDER: YOU WOULD ASK FOR UP OR DOWN VOTE BASED

06:31:15 UPON WHERE WE FINISHED LAST TIME?

06:31:17 >>JOHN GRANDOFF: YES.

06:31:18 YEAH, I COULD ASK FOR AN UP OR DOWN TONIGHT IF YOU REMEMBER

06:31:24 THE PROJECT.

06:31:26 I DON'T THINK THAT'S PRUDENT.

06:31:27 I THINK THE MORE INTELLIGENT WAY TO DO IT IS TO GRANT THE

06:31:30 CONTINUANCE.

06:31:31 LET'S GO BACK TO THE DRAWING BOARD.

06:31:33 DO A SITE PLAN THAT ADDRESSES THE ELEVATION AND THE MASSING

06:31:36 ISSUES, AND BRING IT BACK TO YOU IN AN INTELLIGENT HEARING.

06:31:39 IF YOU DENY IT TONIGHT, I CAN REFILE BECAUSE I CAN PROVE TO

06:31:43 THE ZONING ADMINISTRATOR THAT I'VE ADDRESSED THE REASONS FOR

06:31:46 DENIAL AND THAT AVOIDS THE ONE-YEAR PROHIBITION ON REFILING.

06:31:51 THAT'S WHY IT'S PUNITIVE IF YOU DENY IT TO DENY IT.

06:31:55 WE'RE NOT GOING AWAY.

06:31:58 >>LUIS VIERA: ANYTHING ELSE, COUNCILMAN?

06:32:00 CARLSON AND COUNCILMAN GUDES.

06:32:08 >>JOHN GRANDOFF: IF I WITHDRAW IT, JUST SO YOU ALL KNOW, I

06:32:11 WITHDRAW THE APPLICATION, I'M PROHIBITED FOR SIX MONTHS FROM




06:32:14 FILING.

06:32:16 >>ORLANDO GUDES: THAT WAS GOING TO BE MY -- IF WE'RE NOT

06:32:19 READY AND YOU DON'T KNOW WHEN YOUR CLIENT IS ACTUALLY GOING

06:32:21 TO BE READY.

06:32:22 I'M TRYING TO FIGURE OUT WHY TO CONTINUE.

06:32:26 WE SHOULD JUST PULL IT BECAUSE YOU'RE NOT READY.

06:32:28 IS IT A TIME FACTOR?

06:32:32 CAUGHT IN THIS LITTLE WINDOW.

06:32:34 >>JOHN GRANDOFF: I DON'T UNDERSTAND YOUR QUESTION,

06:32:35 MR. GUDES.

06:32:36 >>ORLANDO GUDES: IF YOU'RE SAYING YOU WANT A CONTINUANCE BUT

06:32:38 YOU'RE NOT READY TO MOVE FORWARD BECAUSE OF WHAT IS GOING ON

06:32:44 IN THE MARKET OR WHATEVER, I DON'T UNDERSTAND WHY WE'RE HERE

06:32:48 WITH IT.

06:32:48 >>JOHN GRANDOFF: WE HAVE NOT REVISED THE SITE PLAN AS

06:32:52 DIRECTED BY THE CITY COUNCIL BECAUSE MY CLIENT WAS

06:32:54 CONCENTRATING ON ANOTHER PROJECT ACROSS THE STREET.

06:32:56 I WANT THE CONTINUANCE SO WE CAN NOW DO THE SITE PLAN

06:32:59 REVISIONS AND FALL INTO THE SEQUENCE THAT I SHOWED YOU,

06:33:03 WHICH WOULD BRING US TO HEARING ON MARCH 12.

06:33:06 MS. SAMANIEGO WOULD HAVE THE OPPORTUNITY TO REVIEW THE SITE

06:33:10 PLAN.

06:33:10 WE WOULD RENOTICE THE NEIGHBORHOOD, POST A SIGN ON THE

06:33:15 PROPERTY.

06:33:17 >>LUIS VIERA: ANYONE ELSE FOR MR. GRANDOFF?




06:33:20 AND COUNCILMAN CARLSON.

06:33:22 >>BILL CARLSON: PARDON MY NAÏVETÉ, WHAT IS THE DOWN SIDE OF

06:33:27 YOU JUST WITHDRAWING IT AND APPLYING AGAIN WITH A DIFFERENT

06:33:30 PROJECT?

06:33:30 >>JOHN GRANDOFF: THERE IS A SIX-MONTH PROHIBITION ON

06:33:32 REFILING.

06:33:33 ONCE THE NOTICE IS ISSUED TO THE NEIGHBORHOOD AND YOU

06:33:36 WITHDRAW, YOU'RE PROHIBITED FOR SIX MONTHS.

06:33:38 WE COULD FILE AGAIN IN APRIL AND BE BACK HERE IN AUGUST.

06:33:42 >>BILL CARLSON: IF YOU GET DENIED THE CONTINUANCE, THEN YOU

06:33:45 CAN JUST COME BACK, THEN THAT RELIEVES YOU OF THE SIX-MONTH

06:33:49 PROHIBITION AND YOU CAN COME BACK SOONER.

06:33:51 >>JOHN GRANDOFF: YOU HAVE TO TAKE ACTION TONIGHT.

06:33:53 IF YOU DENY THE CONTINUANCE, YOU HAVE TO TAKE SOME ACTION

06:33:56 TONIGHT.

06:33:56 >>BILL CARLSON: I THINK YOU USED THE SCENARIO, IF WE DENY

06:34:02 THE CONTINUANCE AND WE VOTED NO, THEN YOU COULD COME BACK

06:34:05 NEXT WEEK OR WHENEVER YOU WERE READY.

06:34:08 >>JOHN GRANDOFF: THAT'S CORRECT.

06:34:10 >>BILL CARLSON: LEGAL, IS THERE ANY OTHER DIFFERENCE?

06:34:13 SORRY, THIS IS JUST MY BEING A NEWBIE.

06:34:17 >>LUIS VIERA: I THINK WE ALL HAVE THE SAME QUESTIONS.

06:34:20 >>CATE WELLS: UNDER SECTION 27-150 OF THE CODE, IT ADDRESSES

06:34:24 WHAT HAPPENS IF THERE'S A DENIAL.

06:34:26 IF COUNCIL WERE TO DENY THE REQUEST FOR CONTINUANCE BECAUSE




06:34:31 IT DOES NOT FIND EXTENUATING CIRCUMSTANCES TO SUPPORT SUCH A

06:34:34 CONTINUANCE, THEN THERE ARE A COUPLE OF OPTIONS.

06:34:36 THE APPLICANT CAN WITHDRAW THEIR APPLICATION, AND IN THAT

06:34:39 SITUATION, AS MR. GRANDOFF SAID, THERE WOULD BE A SIX-MONTH

06:34:43 WAITING PERIOD BEFORE THE APPLICATION COULD BE REFILED.

06:34:45 SO THAT WOULD FURTHER DELAY WHEN THAT WOULD ACTUALLY COME

06:34:49 BACK BEFORE YOU.

06:34:50 THE OTHER ALTERNATIVE IS COUNCIL CAN TAKE AN UP-OR-DOWN VOTE

06:34:54 ON THE APPLICATION AND SITE PLAN AS IT WAS ORIGINALLY FILED

06:34:57 AND PRESENTED TO YOU, I BELIEVE, THREE MONTHS AGO.

06:35:01 IN THAT SITUATION, IF IT'S DENIED BASED UPON THE COMMENTS

06:35:07 AND THE TESTIMONY HEARD AT THAT HEARING WHERE CONCERNS WERE

06:35:12 EXPRESSED, THERE IS THEN A PROVISION IN THE CODE THAT THE

06:35:16 APPLICATION CAN'T COME BACK BEFORE YOU FOR A 12-MONTH

06:35:20 PERIOD.

06:35:20 HOWEVER, THE ZONING ADMINISTRATOR MAY WAIVE THAT 12-MONTH

06:35:24 WAITING PERIOD IF THE ZONING ADMINISTRATOR FINDS THAT THE

06:35:26 NEW APPLICATION ADDRESSES THE GROUNDS FOR DENIAL.

06:35:30 SO THERE WOULD -- IT'S NOT THE ABILITY TO REFILE TOMORROW

06:35:34 AUTOMATICALLY AND THE APPLICATION WOULD BE BACK BEFORE YOU

06:35:37 IN MARCH OF NEXT YEAR.

06:35:39 THAT APPLICATION HAS TO ADDRESS THE GROUNDS FOR DENIAL AND

06:35:42 THE ZONING ADMINISTRATOR MUST FIND THAT IT ADEQUATELY DOES

06:35:46 SO.

06:35:47 THERE IS THAT PRELIMINARY ADMINISTRATIVE REVIEW BY STAFF.




06:35:51 >>BILL CARLSON: JUST TELL ME IF I'M HEARING THIS RIGHT.

06:35:54 ONE, IF HE WITHDREW, WHICH DOESN'T SOUND LIKE HE'S GOING TO

06:35:57 DO, BUT IF HE WITHDREW, THEN HE WOULD HAVE TO WAIT SIX

06:36:00 MONTHS.

06:36:00 IF WE DENY AND THEN WE REJECT IT, THEN HE HAS THE CHOICE TO

06:36:07 RESPOND.

06:36:08 AND IF HE COUNTERS THE CRITERIA THAT WE PUT IN THERE, HE

06:36:12 COULD COME BACK RIGHT AWAY.

06:36:14 AND IF NOT, THEN HE HAS TO WAIT 12 MONTHS.

06:36:19 >>CATE WELLS: IF THERE WAS A DENIAL OF THE CONTINUANCE AND A

06:36:23 DENIAL OF THE APPLICATION, IT'S DENIED, AND HE WOULD HAVE TO

06:36:26 START THE APPLICATION PROCESS ANEW.

06:36:28 HE WOULD HAVE TO PAY THE APPLICATION FILING FEE AND THE

06:36:32 APPLICATION ITSELF WOULD HAVE TO SPECIFICALLY ADDRESS THE

06:36:36 BASIS FOR THE DENIAL.

06:36:38 THE ZONING ADMINISTRATOR MUST FIND THAT THE REVISED

06:36:42 APPLICATION ADEQUATELY ADDRESSES THE BASIS FOR DENIAL TO

06:36:46 ALLOW IT TO COME BACK BEFORE YOU WITHOUT HAVING TO WAIT FOR

06:36:49 A 12-MONTH WAITING PERIOD.

06:36:53 >>BILL CARLSON: WHAT IS OUR REQUIREMENT?

06:36:58 WHAT'S OUR LEGAL THRESHOLD THAT WE HAVE TO MEET TO DENY THE

06:37:02 CONTINUANCE?

06:37:03 DO WE HAVE TO PROVIDE COMPETENT SUBSTANTIAL EVIDENCE OR

06:37:08 SOMETHING LIKE THAT?

06:37:09 OR DO WE SAY WE DENY IT?




06:37:11 >>CATE WELLS: THE STANDARD ON THIS REQUEST FOR CONTINUANCE,

06:37:13 WHICH GETS US BEYOND THE 180-DAY PERIOD IS YOU MUST FIND OR

06:37:17 NOT FIND THAT THERE ARE EXTENUATING CIRCUMSTANCES.

06:37:20 IF YOU FEEL BASED UPON MR. GRANDOFF'S REPRESENTATIONS TO YOU

06:37:23 AND IN THE LETTER THAT THAT LAYS THE GROUNDWORK AND PROVIDES

06:37:27 EXTENUATING CIRCUMSTANCES TO ALLOW CONTINUANCE TO MARCH,

06:37:30 THEN THAT IS YOUR BURDEN OF PROOF.

06:37:32 LIKEWISE, IF YOU FEEL THAT THE REASONS HE HAS PRESENTED TO

06:37:36 YOU DO NOT AMOUNT TO EXTENUATING CIRCUMSTANCES, THEN WE GO

06:37:40 BACK TO, IS THERE AN UP-OR-DOWN VOTE OR WILL HE WITHDRAW THE

06:37:44 APPLICATION?

06:37:45 >>LUIS VIERA: MR. SHELBY.

06:37:46 >>MARTIN SHELBY: JUST TO FOLLOW UP A LITTLE BIT FURTHER.

06:37:51 [MICROPHONE NOT ON]

06:37:56 [INAUDIBLE]

06:38:06 IF COUNCIL DOES DECIDE TO NOT FIND EXTENUATING

06:38:10 CIRCUMSTANCES, NOT GRANT THE CONTINUANCE, AGAIN, AS

06:38:12 MR. GRANDOFF STATED, YOU ARE REQUIRED TO HAVE AN UP-OR-DOWN

06:38:17 VOTE.

06:38:17 AND WHATEVER COUNCIL DECIDES THEN LEGALLY IS CONSIDERED

06:38:21 FINAL ACTION BY COUNCIL, WHICH MEANS THAT IF MR. GRANDOFF

06:38:28 DISAGREES WITH COUNCIL'S BASIS OR HIS CLIENT AGREES WITH

06:38:31 COUNCIL'S BASIS FOR THE DENIAL, THE ISSUE NOT NECESSARILY

06:38:35 WOULD BE ONE OF HOW LONG DO I WANT TO WAIT TO REFILE?

06:38:38 THE ISSUE MIGHT BE ONE OF WHATEVER LEGAL BASIS OR CAUSE OF




06:38:42 ACTION THE PETITIONER MAY FEEL WOULD EXIST THAT WOULD

06:38:47 REQUIRE A WRIT OF CERTIORARI.

06:38:52 >>JOHN DINGFELDER: I DON'T KNOW IF WE NEED TO CLOSE

06:38:55 ANYTHING.

06:38:56 I WOULD SAY WE PROBABLY DON'T.

06:38:59 I'D JUST LIKE TO WRAP THIS UP AND MAKE A MOTION.

06:39:03 UNLESS SOMEBODY ELSE HAD SOMETHING ELSE --

06:39:06 >>LUIS VIERA: I HAD A QUESTION FOR MR. SHELBY.

06:39:08 IF WE DON'T FIND EXTENUATING CIRCUMSTANCES, WE MUST DENY IT?

06:39:14 OR IF WE DON'T FIND THAT IT'S EXTENUATING BUT REASONABLE, IN

06:39:17 OTHER WORDS, IS IT WITHIN OUR DISCRETION?

06:39:19 >>MARTIN SHELBY: IT'S WITHIN YOUR DISCRETION, BUT IT MUST BE

06:39:21 A FINDING AND IT'S A FINDING THAT WOULD BIND THIS COUNCIL ON

06:39:25 ITS DECISION FOR THE PURPOSES OF THE RECORD, IF IT FINDS

06:39:29 IT'S EXTENUATING OR FINDS IT'S NOT.

06:39:32 THE QUESTION AS TO HOW THAT'S INTERPRETED DOWN THE ROAD IS

06:39:36 SUBJECT TO DISCUSSION.

06:39:37 AND SPECULATION AT THIS POINT.

06:39:39 THAT WOULD BE -- MY SUGGESTION WOULD BE THAT IF COUNCIL DOES

06:39:50 NOT GRANT THE CONTINUANCE, THEN THE ONLY COURSE OF ACTION IS

06:39:55 TO MOVE FORWARD WITH THE HEARING, EITHER UP OR DOWN.

06:39:59 >>LUIS VIERA: COUNCILMAN CITRO.

06:40:00 >>JOSEPH CITRO: MY QUESTION WAS ANSWERED, THAT IF WE DENY

06:40:03 THE CONTINUANCE, WE'RE GOING TO HEAR THE CASE AGAIN, NO?

06:40:10 >>MARTIN SHELBY: NO, SIR.




06:40:11 THIS IS A CONTINUED PUBLIC HEARING.

06:40:16 >>JOSEPH CITRO: MR. GRANDOFF CAN PRESENT HIS CASE AGAIN.

06:40:19 >>MARTIN SHELBY: NO, SIR.

06:40:20 THIS IS A CONTINUED PUBLIC HEARING.

06:40:23 EVERYTHING THAT YOU HAVE HEARD UP UNTIL THIS POINT, THE

06:40:25 COMPETENT, SUBSTANTIAL EVIDENCE THAT EXISTS IN THIS CASE IS

06:40:28 SOMETHING UPON WHICH YOU CAN BASE YOUR DECISION.

06:40:30 IF THERE IS ADDITIONAL EVIDENCE THAT IS TO BE PRESENTED AT

06:40:34 THIS POINT, IT WOULD HAVE TO BE BROUGHT FORTH AND LIMITED TO

06:40:37 THE ADDITIONAL EVIDENCE.

06:40:39 AND COUNCIL TRADITIONALLY AND CUSTOMARILY HAS LIMITED PUBLIC

06:40:44 COMMENT TO THOSE WHO HAVE PREVIOUSLY SPOKEN BEFORE AT A

06:40:47 FIRST READING.

06:40:48 THEY DON'T GET A SECOND OPPORTUNITY TO SPEAK AGAIN AT THE

06:40:51 CONTINUED PUBLIC HEARING EXCEPT FOR THAT WHICH HAS BEEN

06:40:56 ADDRESSED NEWLY BEFORE THE COUNCIL AND THE PUBLIC.

06:41:02 AND THEN THAT PUBLIC COMMENT IS LIMITED.

06:41:04 IT'S NOT A SECOND BITE AT THE APPLE FOR A CONTINUED PUBLIC

06:41:08 HEARING FOR BOTH THE PETITIONER AND FOR THE PUBLIC WHO HAVE

06:41:10 ALREADY SPOKEN.

06:41:12 >>LUIS VIERA: THANK YOU, SIR.

06:41:13 COUNCILMAN, YOU CAN MAKE YOUR MOTION, SIR, IF YOU'D LIKE.

06:41:16 >>JOHN DINGFELDER: OKAY.

06:41:17 I'M GOING TO MOVE TO DENY THE REQUEST FOR CONTINUANCE.

06:41:24 I DON'T DO THAT LIGHTLY.




06:41:28 WE OFTEN GRANT CONTINUANCES JUST WHEN A PETITIONER ASKS FOR

06:41:34 IT, WE GRANT IT AND MOVE ON.

06:41:36 HOWEVER, A COUPLE OF THINGS.

06:41:39 PRIMARILY I DO NOT BELIEVE THEY MET THEIR BURDEN.

06:41:43 IT'S NOT OUR BURDEN.

06:41:44 IT'S THEIR BURDEN OF PROVING OR SHOWING EXTENUATING

06:41:48 CIRCUMSTANCES.

06:41:49 BUT LET ME PREFACE THIS BY SAYING IN REGARD TO MR. GRANDOFF,

06:41:53 I RESENT ANYBODY IN THAT AUDIENCE OR PEOPLE WRITING US, OR

06:42:00 WHATEVER, TAKING POTSHOTS AT MR. GRANDOFF AND HIS

06:42:03 PROFESSIONALISM BECAUSE I'VE KNOWN MR. GRANDOFF FOR 25 YEARS

06:42:07 OR MORE PROFESSIONALLY AND PERSONALLY, AND I WOULD NEVER

06:42:10 QUESTION HIS PROFESSIONALISM.

06:42:11 HE REPRESENTS HIS CLIENTS VIGOROUSLY.

06:42:15 IF YOU NEEDED A GOOD LAWYER, THAT WOULD BE ONE TO HAVE.

06:42:18 BUT WITH THAT SAID, I DON'T BELIEVE HIS CLIENT HAS PROVEN OR

06:42:22 SHOWN EXTENUATING CIRCUMSTANCES.

06:42:23 BASICALLY, WHEN I READ THIS LETTER, WHEN I HEAR MR. GRANDOFF

06:42:28 TESTIFY ON BEHALF OF HIS CLIENT OR SPEAK TO THE ISSUES,

06:42:31 BASICALLY WHAT THEY SAID IS WE'RE TOO BUSY.

06:42:33 WE'RE TOO BUSY.

06:42:35 WE'VE GOT ANOTHER PROJECT THAT WE'RE BUILDING.

06:42:38 THIS ISSUE ABOUT PARTS, LABORS AND MATERIAL DELAYS, THAT'S

06:42:41 BEEN GOING ON FOR A COUPLE OF YEARS IN THE INDUSTRY BECAUSE

06:42:45 THINGS ARE TAKING OFF, ESPECIALLY ON MULTILEVEL PROJECTS.




06:42:51 OTHER THAN THAT, HE SAYS WE MIGHT SELL THE PROPERTY.

06:42:56 WELL, OKAY.

06:42:57 THAT MIGHT MAKE THE NEIGHBORHOOD VERY HAPPY.

06:43:02 BUT ANYWAY, THE BOTTOM LINE IS I DON'T SEE THAT.

06:43:05 THE OTHER CONCERN I HAVE IS -- AND I'M NOT SAYING THIS IS

06:43:09 MR. GRANDOFF'S TACTIC AT ALL, BUT SOMETIMES SOME DEVELOPERS

06:43:13 WILL USE A TACTIC TO WEAR DOWN THE OPPOSITION, TO WEAR DOWN

06:43:18 THE COMMUNITY.

06:43:19 AND I THINK MANY OF US HAVE BEEN ON THAT OTHER SIDE OF

06:43:22 THINGS WHERE YOU DO GET WARN DOWN BY HAVING TO COME DOWN TO

06:43:26 COUNCIL, HAVING TO COME DOWN TO COUNCIL.

06:43:28 FRANKLY, I THINK THAT FOR ALL THOSE REASONS, I'M GOING TO

06:43:34 MOVE TO DENY THE CONTINUANCE AND THEN WE'LL GO FORWARD AND

06:43:38 SEE WHAT HAPPENS WITH THE PETITION.

06:43:40 >> SECOND.

06:43:40 >>LUIS VIERA: OKAY.

06:43:41 ANY COMMENTS?

06:43:43 >>CHARLIE MIRANDA: I WANT TO ASK OUR LEGAL DEPARTMENT SOME

06:43:46 QUESTIONS.

06:43:46 I'VE BEEN LISTENING TO THIS AND HAVEN'T SAID A WORD.

06:43:50 WHAT HAPPENS IF THIS COUNCIL DENIES THIS AND THERE'S GOT TO

06:43:55 BE A REASON GIVEN, STATED IN THE RECORD AND THERE'S ALREADY

06:43:58 A RECORD ON THIS CASE, IF I RECALL.

06:44:01 HAD A HEARING BEFORE AND WE CONTINUED IT.

06:44:03 USUALLY COUNCIL GOES THREE TIMES, IN MY EXPERIENCE, BEFORE




06:44:06 WE SAY THAT'S IT.

06:44:07 IT'S DONE AND OVER.

06:44:09 WE'RE NOT GOING TO -- YOU HAVE TO REFILE.

06:44:11 YOU CAN CHECK ALL THE RECORDS. WHATEVER WE SAY TODAY OR

06:44:16 SAID IN THE PAST, THERE'S A RECORD OF WHAT WAS THERE AND I'M

06:44:21 A LITTLE CONCERNED, NOT GREATLY, BUT FOR THE PROJECT ITSELF

06:44:24 I'M CONCERNED ONE WAY OR THE OTHER ENDING UP IN COURT.

06:44:28 I'M NOT AFRAID TO GO TO COURT IF THERE WAS AN UP OR DOWN ONE

06:44:33 TIME.

06:44:33 BUT WHEN YOU START THIS CONVERSATION NOW, THE RECORD THAT WE

06:44:35 HAVE NOW IS PART OF THE RECORD.

06:44:38 WHOEVER DOES THE MOTION TO CONTINUE BETTER HAVE IT ALL DONE

06:44:42 100% RIGHT.

06:44:44 YOU CAN'T ERROR HERE, BECAUSE IF YOU DO, YOU'RE GOING TO BE

06:44:47 LIABLE.

06:44:49 IS THAT CORRECT?

06:44:50 >>CATE WELLS: SO WITH RESPECT TO --

06:44:52 >>CHARLIE MIRANDA: IN OTHER WORDS, HOW MUCH TIME ARE WE

06:44:54 TALKING ABOUT?

06:44:55 THIS SAYS MARCH OF '20?

06:44:57 LOOKING AT THREE MONTHS?

06:44:59 >>CATE WELLS: THE LAND DEVELOPMENT CODE DOES NOT ADDRESS

06:45:02 WHAT WOULD BE AN APPROPRIATE CONTINUANCE UNDER THESE

06:45:05 CIRCUMSTANCES.

06:45:05 I THINK THE REQUEST THAT'S BEFORE YOU IS BASED UPON THE




06:45:11 EXTENUATING CIRCUMSTANCES THEY FEEL THEY HAVE ESTABLISHED.

06:45:16 SO IT'S REALLY WITHIN COUNCIL'S DISCRETION -- IF COUNCIL WAS

06:45:22 INCLINED TO GRANT THE CONTINUANCE BECAUSE THEY FELT OR FOUND

06:45:26 THAT THERE WERE EXTENUATING CIRCUMSTANCES PRESENT HERE, THEN

06:45:30 IT'S COUNCIL'S DECISION AS TO WHAT A REASONABLE PERIOD OF

06:45:33 TIME WOULD BE FOR THAT CONTINUANCE, THAT AMOUNT.

06:45:37 >>CHARLIE MIRANDA: IF THIS WAS TO BE CONTINUED TO MARCH 12

06:45:40 OF 2020, THE OTHER ONE IS GOING TO BE APRIL, MAY, JUNE OR

06:45:44 JULY, THEY CAN COME BACK.

06:45:46 BUT YOU'RE LOOKING AT 90 DAYS.

06:45:49 AM I CORRECT?

06:45:49 DIFFERENCE, LONG-TERM FOR THIS TO COME BACK ONE WAY OR THE

06:45:54 OTHER.

06:45:55 THIS IS MARCH '20, NOVEMBER, DECEMBER, JANUARY, FEBRUARY,

06:45:59 MARCH, FIVE MONTHS.

06:46:00 SO EIGHT MONTHS AND WHAT DO YOU GAIN?

06:46:03 WHAT RISK AND REWARDS DO YOU GET FOR THE CITY?

06:46:07 >>CATE WELLS: I THINK WHAT MR. GRANDOFF HAS PRESENTED TO

06:46:09 COUNCIL IS THE REQUEST TO MARCH IS ALL THE TIME HIS CLIENT

06:46:13 NEEDS TO BE ABLE TO REVISE THE SITE PLAN AND ADDRESS, IN

06:46:17 WHATEVER MANNER, THE CONCERNS THAT WERE EXPRESSED AT THE

06:46:19 INITIAL HEARING.

06:46:20 SO THAT IS THE TIMELINE THAT MR. GRANDOFF HAS PRESENTED TO

06:46:25 COUNCIL.

06:46:26 AT THIS POINT, I WOULDN'T PRESUPPOSE THAT THERE WERE GOING




06:46:28 TO BE ANY FURTHER CONTINUANCES.

06:46:31 FIVE MONTHS IS EVIDENTLY WHAT HE AND HIS CLIENT FEEL WOULD

06:46:36 BE A REASONABLE PERIOD OF TIME TO ADDRESS THE CONCERNS AND

06:46:39 GET THE APPLICATION IN PROPER FORM BEFORE YOU.

06:46:42 THANK YOU.

06:46:44 >>LUIS VIERA: MR. SHELBY.

06:46:45 >>MARTIN SHELBY: ONE OTHER POINT, IF I CAN ASK MS. WELLS TO

06:46:51 ASSIST ME IN OFFERING AN OPINION IF SHE DIFFERS THAN MINE.

06:46:56 COUNCIL, IF THE MOTION TO DENY THE CONTINUANCE PASSES AND

06:47:05 COUNCIL THEN GOES FORWARD WITH THE HEARING, AS I STATED, YOU

06:47:10 HAVE THE RECORD PREVIOUSLY FROM YOUR FIRST READING THAT WAS

06:47:18 CONTINUED.

06:47:18 THE ISSUE IS IF FOR THE SAKE OF DISCUSSION IT IS DENIED AND

06:47:25 ULTIMATELY THERE IS A CAUSE OF ACTION AND IT IS BROUGHT TO

06:47:27 CIRCUIT COURT, WHAT IS THE PRACTICAL EFFECT OF THE SITE PLAN

06:47:33 THAT IS BEFORE YOU TODAY?

06:47:35 IN OTHER WORDS, WHAT IS THE LEGAL EFFECT OF GRANTING A WRIT

06:47:40 OF CERTIORARI UPON THE SITE PLAN THAT YOU HAVE BEING

06:47:45 PRESENTED WITH YOU, BEFORE YOU TODAY, WHICH IS THE PREVIOUS

06:47:50 ONE?

06:47:51 I GUESS MY COMMENT WOULD BE FROM A LEGAL STANDPOINT, IN

06:47:56 TERMS OF AN ADVERSE IMPACT AS A RESULT OF A DENIAL, WHAT

06:48:05 EFFECT WOULD THAT BE UPON THE SITE PLAN BEFORE COUNCIL?

06:48:10 WOULD THAT THEN COME BACK AND THAT WOULD BE IMPLEMENTED IF

06:48:13 THERE WAS A BASIS FOR ACTION?




06:48:16 LET ME REPHRASE THAT?

06:48:17 REPHRASE IT MORE CLEARLY.

06:48:19 I JUST WANT COUNCIL TO UNDERSTAND IF YOU GO FORWARD AND IT'S

06:48:25 DENIED THAT YOU UNDERSTAND THE RAMIFICATIONS OF WHAT IS

06:48:27 POSSIBLE.

06:48:30 >>LUIS VIERA: COUNCILMAN DINGFELDER?

06:48:35 >>JOHN DINGFELDER: I HEAR MR. SHELBY'S CONCERNS, AND WITH

06:48:37 ALL DUE RESPECT TO MY COLLEAGUE, FRANKLY, THIS BODY, BY ALL

06:48:46 INDICATIONS WAS ABOUT READY TO DENY IT LAST TIME.

06:48:49 AND BASED UPON A VERY SOLID RECORD -- I MEAN, THAT'S JUST

06:48:54 THE WAY I SAW IT.

06:48:55 FRANKLY, THAT'S THE WAY THE PETITIONER SAW IT BECAUSE THAT'S

06:48:58 WHY THEY ASKED FOR THE CONTINUANCE.

06:49:01 IN THAT REGARD, THERE'S NOT A WHOLE LOT OF DIFFERENCE

06:49:03 BETWEEN A DENIAL TWO MONTHS AGO AND A DENIAL TONIGHT, IF, IN

06:49:06 FACT, THAT'S WHERE WE'RE HEADED.

06:49:08 I UNDERSTAND YOUR CONCERN.

06:49:10 YOU'RE ALWAYS LOOKING OUT FOR US AND GIVING US THOSE

06:49:14 CONCERNS, BUT I DON'T THINK -- YOU KNOW, WE SHOULD NEVER BE

06:49:17 AFRAID OF OUR OWN SHADOW.

06:49:20 WE HAVE TO MAKE TOUGH DECISIONS.

06:49:22 WE HAVE A RECORD IN FRONT IN FRONT OF US.

06:49:29 MR. GRANDOFF HAS OPTIONS.

06:49:30 I DON'T THINK LITIGATION IS A REAL FACTOR IN THIS CASE.

06:49:33 HE HAS A CLIENT WHO SAYS THEY ARE EXTREMELY BUSY, NUMBER




06:49:35 ONE.

06:49:35 THE COST OF REFILING VERSUS THE COST OF LITIGATING THIS, IF,

06:49:39 IN FACT, THEY WANT TO COME BACK WITH A REVISED SITE PLAN,

06:49:42 IT'S A LOT CHEAPER FOR THEM TO REFILE THAN TO HIRE

06:49:44 MR. GRANDOFF'S LITIGATION TEAM.

06:49:46 ON BALANCE, I'M NOT REALLY CONCERNED.

06:49:52 WHAT I AM FOCUSED ON RIGHT NOW IS MY MOTION WHICH SAYS THAT

06:49:55 THESE ARE NOT THE EXTENUATING CIRCUMSTANCES THAT THE CODE --

06:49:58 I BELIEVE THE CODE SPEAKS TO.

06:50:00 AND THEREFORE I'LL RESTATE MY MOTION TO DENY THE

06:50:04 CONTINUANCE.

06:50:06 >> AND I SECOND.

06:50:06 >>LUIS VIERA: WE HAVE A MOTION -- GIVING MY TWO CENTS, I

06:50:09 GUESS, IF YOU WILL.

06:50:12 WITH REGARDS TO EXTENUATING CIRCUMSTANCES, DOES IT FIT

06:50:15 SMOOTHLY?

06:50:16 NO, I DON'T BELIEVE IT DOES.

06:50:18 DOES IT FIT ENOUGH SO MAYBE THERE IS A GRAY AREA OF

06:50:21 ARGUMENT?

06:50:22 YEAH, I THINK SO.

06:50:23 COUNCILMAN DINGFELDER'S POINTS ARE WELL TAKEN, 110%.

06:50:28 I WILL NOT BE VOTING FOR THE MOTION.

06:50:30 I THINK THIS IS ENOUGH OF A GRAY AREA WHERE I WOULD BE

06:50:33 VOTING NO.

06:50:34 COUNCILMAN DINGFELDER HAS A MOTION ON THE FLOOR -- I'M




06:50:38 SORRY, GO AHEAD.

06:50:39 >>CHARLIE MIRANDA: EVERYONE HAS TWO SHOTS.

06:50:41 LET ME SAY THIS.

06:50:42 I APPRECIATE EVERYONE BEING HERE, BUT I WOULD VOTE THE SAME

06:50:45 WAY EVEN IF THERE WAS NO ONE HERE OR ONE PERSON HERE.

06:50:49 I APPRECIATE YOU BEING HERE AS A GOOD NEIGHBOR AND

06:50:52 TOGETHERNESS.

06:50:53 IT MEANS A LOT.

06:50:54 HOWEVER, I WON'T BE SUPPORTING THE MOTION BECAUSE WHAT WAS

06:50:57 SAID EARLIER -- AND I'M NOT A LAWYER AND I'M NOT A JUDGE,

06:51:03 BUT I'VE GOTTEN BEAT AN FEW TIMES AND I'VE LEARNED SOME

06:51:06 LESSONS, VALUABLE LESSONS ABOUT LIFE.

06:51:08 NOT ABOUT ZONING, ABOUT LIFE.

06:51:10 WHEN YOU SAY THAT SOMEBODY KNEW WHAT THEY WERE GOING TO GET

06:51:14 WHEN NO VOTE WAS TAKEN, WE HAVE A PROBLEM.

06:51:18 LEGAL PROBLEM.

06:51:18 I'M NOT A LAWYER AND I'M NOT A JUDGE, BUT I'VE JUDGED

06:51:22 THOUSANDS OF HORSE RACES, AND I HAD TO MAKE DECISIONS AND

06:51:27 I'VE NEVER BEEN OVERTURNED.

06:51:28 WHY?

06:51:29 BECAUSE I FOLLOW THE PROCEDURES THAT I THINK WILL BE

06:51:34 AMICABLY RESOLVED WITHOUT GOING TO COURT.

06:51:37 AND THERE'S WHERE I STAND.

06:51:39 THAT'S WHY I WILL NOT BE SUPPORTING THE MOTION.

06:51:41 >>LUIS VIERA: COUNCILMAN CARLSON.




06:51:42 >>BILL CARLSON: I JUST WANT TO ASK OUR LEGAL COUNSEL --

06:51:45 SORRY TO MAKE YOU GET UP AGAIN.

06:51:48 THE REASONS THAT WERE SUBMITTED IN THE MOTION, ARE THEY

06:51:52 SUFFICIENT LEGALLY TO JUSTIFY THE DENIAL?

06:51:56 >>CATE WELLS: THAT IS NOT FOR ME TO STATE.

06:51:59 THAT IS A DECISION FOR THIS COUNCIL TO MAKE.

06:52:03 >>LUIS VIERA: ANYONE ELSE?

06:52:04 WE HAVE A MOTION BY COUNCILMAN DINGFELDER.

06:52:06 A SECOND BY COUNCILMAN MANISCALCO.

06:52:07 ALL IN FAVOR?

06:52:08 ANY OPPOSED?

06:52:09 ROLL CALL.

06:52:12 >>THE CLERK: IF I MAY TAKE A ROLL-CALL VOTE.

06:52:16 >>JOHN DINGFELDER: YES.

06:52:18 >>ORLANDO GUDES: YES.

06:52:20 >>GUIDO MANISCALCO: YES.

06:52:21 >>LUIS VIERA: NO.

06:52:22 >>JOSEPH CITRO: NO.

06:52:24 >>CHARLIE MIRANDA: NO.

06:52:24 >>BILL CARLSON: YES.

06:52:27 >>THE CLERK: THE MOTION CARRIED WITH VIERA, CITRO, AND

06:52:30 MIRANDA VOTING NO.

06:52:35 >>LUIS VIERA: OKAY.

06:52:36 SO I GUESS WE PROCEED WITH A HEARING, SIR.

06:52:39 MR. SHELBY, IS IT APPROPRIATE THEN FOR MR. GRANDOFF TO




06:52:42 PROCEED WITH AN UP OR DOWN VOTE?

06:52:44 >>MARTIN SHELBY: I BELIEVE AT THIS POINT IN TIME I'M GOING

06:52:47 TO ASK YOU TO HOLD ITEM NUMBER ONE SO WE CAN DO THE REST OF

06:52:49 THE HOUSE KEEPING AND GET THAT OUT OF THE WAY AND GET ON

06:52:53 WITH THE REST OF THE AGENDA.

06:52:54 >>LUIS VIERA: THAT WAS A LONG HOUSEKEEPING.

06:52:56 GO AHEAD.

06:52:56 >>MARY SAMANIEGO: MARY SAMANIEGO.

06:52:58 ITEM NUMBER 2 ON YOUR AGENDA, SU 2-19-06 DID NOT PERFECT

06:53:03 NOTICE.

06:53:04 SO THAT APPLICATION NEEDS TO BE REMOVED FROM THE AGENDA.

06:53:10 THEY DID RENOTIFY AND THEY SHOULD BE COMING TO YOUR NEXT

06:53:14 MEETING ON THE 24th.

06:53:15 >>LUIS VIERA: I APOLOGIZE.

06:53:16 NUMBER 6 YOU SAID?

06:53:17 >>MARY SAMANIEGO: NO, SIR.

06:53:18 I SAID NUMBER 2.

06:53:19 >>JOHN DINGFELDER: MOVE TO STRIKE.

06:53:21 >> MOTION TO REMOVE.

06:53:22 >>JOHN DINGFELDER: MOTION TO REMOVE NUMBER 2.

06:53:23 >>LUIS VIERA: MOTION BY COUNCILMAN DINGFELDER.

06:53:25 SECONDED BY COUNCILMAN MANISCALCO.

06:53:26 ALL IN FAVOR?

06:53:27 ANY OPPOSED?

06:53:30 >>MARY SAMANIEGO: NUMBER 6 ON THE AGENDA IS A REQUEST TO




06:53:33 CONTINUANCE TO THE NOVEMBER 14 HEARING.

06:53:39 >> FIRST REQUEST?

06:53:40 >>MARY SAMANIEGO: YES, SIR, IT IS THE FIRST REQUEST.

06:53:46 THIS HAS NOT BEEN HEARD.

06:53:47 STAFF DID SET THIS APPLICATION.

06:53:47 HOWEVER, THE SITE PLAN IS NOT READY TO BE HEARD AT CITY

06:53:49 COUNCIL.

06:53:50 WE'RE REQUESTING CONTINUANCE TO NOVEMBER 14.

06:53:52 >>LUIS VIERA: MR. GARDNER, ANY COMMENTS, SIR?

06:53:54 AFTER THAT, WE'LL TAKE PUBLIC COMMENT.

06:53:59 >> TRUETT GARDNER, 400 NORTH ASHLEY DRIVE.

06:54:02 ON THIS ONE WE WANTED TO PROCEED.

06:54:04 WE HAVE AN EPC ISSUE THAT CAME UP AT THE END RIGHT WHEN WE

06:54:07 WERE GETTING READY.

06:54:08 SO YOU WERE NOT PROVIDED YOUR STAFF REPORT OR SITE PLAN SO

06:54:12 WE WERE TOLD THAT WE COULDN'T PROCEED.

06:54:14 SO WE'RE IN THE PROCESS OF TRYING TO WORK THAT EPC ISSUE

06:54:17 OUT.

06:54:18 WE HAVE BEEN IN CONTACT WITH THE NEIGHBORHOOD, AND THEY WERE

06:54:22 THANKFUL THAT WE LET THEM KNOW IN ADVANCE WE WOULD BE

06:54:25 CONTINUING.

06:54:25 NOVEMBER 14 IS OUR REQUEST FOR THE CONTINUANCE.

06:54:28 >>JOHN DINGFELDER: SO MOVED.

06:54:29 >>LUIS VIERA: THANK YOU, SIR.

06:54:30 BEFORE WE PROCEED WITH THAT, ANYONE HERE FROM THE COMMENT




06:54:32 HERE TO COMMENT SOLELY ON THE CONTINUANCE OF ITEM NUMBER 6?

06:54:36 BEING NONE, COUNCILMAN DINGFELDER HAS A MOTION.

06:54:38 DO WE HAVE A SECOND?

06:54:42 MANISCALCO HAS THE SECOND.

06:54:43 ALL IN FAVOR?

06:54:44 ANY OPPOSED?

06:54:44 THANK YOU.

06:54:46 ANY OTHER HOUSE KEEPING?

06:54:48 >>JOHN DINGFELDER: JUST FOR THE RECORD, NUMBER 6 WAS THE

06:54:50 FIRST REQUEST FOR A CONTINUANCE.

06:54:54 >>LUIS VIERA: THANK YOU, SIR.

06:54:55 >>MARY SAMANIEGO: NUMBER 6 HAS NOT BEEN FORMALLY OPENED AND

06:54:59 HEARD.

06:55:00 THAT IS THE FIRST REQUEST FOR CONTINUANCE.

06:55:02 WE'RE READY TO PROCEED BACK TO ITEM 1, REZ 19-50.

06:55:07 FOR YOUR BENEFIT, I DO HAVE A COPY, IN ANTICIPATION OF THE

06:55:11 CONTINUANCE BEING DENIED, I DO HAVE A COPY OF THE STAFF

06:55:15 REPORT FROM THE ORIGINAL HEARING AS WELL AS THE SITE PLAN IF

06:55:18 YOU NEED ANY REFRESHERS OR CLARIFICATIONS.

06:55:21 >>LUIS VIERA: MR. SHELBY, I GUESS ENLIGHTEN US SINCE WE'RE

06:55:26 DEALING WITH PROCEDURAL ISSUES HERE.

06:55:27 SO WE ALLOW MR. GRANDOFF TO COME UP.

06:55:31 >>MARTIN SHELBY: YES, IF WE CAN.

06:55:32 I'D ASK MR. GRANDOFF, NOW THAT WE'RE INTO THE HEARING AND TO

06:55:36 INQUIRE OF HIM ON THE RECORD.




06:55:38 MR. GRANDOFF, NOW THAT THE MOTION HAS BEEN MADE TO DENY THE

06:55:42 CONTINUANCE, WHAT IS YOUR REQUEST IN TERMS OF -- OR DO YOU

06:55:45 HAVE ANY REQUEST TO PROCEED?

06:55:47 HOW DO YOU WISH TO PROCEED?

06:55:49 >>JOHN GRANDOFF: JOHN GRANDOFF, SUITE 3700, BANK OF AMERICA

06:55:54 PLAZA ON BEHALF OF THE APPLICANT.

06:55:56 THE RECORD IS CLOSED SINCE WE CLOSED THE HEARING AT THE

06:56:00 TIME.

06:56:01 >>MARTIN SHELBY: NO, SIR.

06:56:02 IT IS A CONTINUED PUBLIC HEARING IS MY UNDERSTANDING.

06:56:04 >>JOHN GRANDOFF: YOU'D HAVE TO REOPEN THE HEARING.

06:56:08 >>MARTIN SHELBY: IF I CAN, CORRECT ME IF I'M WRONG, BUT I

06:56:11 BELIEVE IT'S LISTED ON THE AGENDA AS A CONTINUED PUBLIC

06:56:13 HEARING.

06:56:14 >>JOHN GRANDOFF: SO NOW THE HEARING IS REOPENED?

06:56:16 >>MARTIN SHELBY: THE HEARING WAS NEVER CLOSED.

06:56:18 WHEN YOU MAKE A CONTINUANCE, THE HEARING IS NOT CLOSED.

06:56:20 >>JOHN GRANDOFF: I RESPECTFULLY REQUEST YOU APPROVE THE SITE

06:56:22 PLAN THAT WAS PRESENTED TO YOU EARLIER THIS SUMMER FOR THE

06:56:26 PD REZONING OF THIS PROJECT, WHICH DEMONSTRATED COMPLIANCE

06:56:32 WITH CHAPTER 27 AND ALSO WAS FOUND TO BE CONSISTENT WITH THE

06:56:37 COMPREHENSIVE PLAN.

06:56:39 IT IS LITERALLY A MIRROR IMAGE OF THE PROJECT ACROSS THE

06:56:42 STREET, WHICH WAS APPROVED BY THE CITY COUNCIL ABOUT TWO

06:56:45 YEARS AGO IN A SIMILAR PD APPLICATION.




06:56:48 THAT'S ALL I HAVE THIS EVENING.

06:56:50 THANK YOU FOR YOUR TIME.

06:56:51 >>LUIS VIERA: THANK YOU, MR. GRANDOFF.

06:56:52 MR. SHELBY, DO WE NEED TO TAKE ANY ADDITIONAL PUBLIC

06:56:55 COMMENT?

06:56:56 I WOULD THINK NOT.

06:56:57 >>MARTIN SHELBY: I DON'T BELIEVE THAT'S NECESSARY.

06:56:59 THE QUESTION I HAVE FOR COUNCIL IS, IS COUNCIL PREPARED THEN

06:57:03 TO TAKE ACTION THIS EVENING BASED ON THE RECORD AS IT

06:57:07 EXISTS?

06:57:08 >>LUIS VIERA: I WOULD THINK SO.

06:57:09 WHAT IS THE PLEASURE OF COUNCIL?

06:57:15 >>CHARLIE MIRANDA: WELL -- [INAUDIBLE] WHAT THE PETITIONER

06:57:22 SAID ABOUT THE RECORD EARLIER THAT THEY WANTED TO DO IT FOR

06:57:29 DIFFERENT VARIATION, WHETHER IT'S FACTUAL OR NOT I DON'T

06:57:32 KNOW.

06:57:32 IT'S ON THE RECORD WHAT THE PETITIONER BROUGHT UP THAT HIS

06:57:35 CLIENT WANTED, FOR WHATEVER REASON, AND NOW THIS COUNCIL IS

06:57:39 GOING TO HEAR A HEARING WITHOUT THOSE REASONS AS MIRRORED BY

06:57:47 THE BUILDING ACROSS THE STREET.

06:57:48 I THINK WE'RE HEADING IN A ONE-WAY STREET AND WE'RE WALKING

06:57:51 AGAINST THE ONE-WAY.

06:57:54 BECAUSE WHAT HE SAID ON THE RECORD NOW MAKES ME THINK THAT

06:57:58 THIS IS GOING TO END UP SOMEWHERE ELSE OTHER THAN HERE.

06:58:00 I'M NOT AFRAID OF THAT IF THE RECORD WAS PURE.




06:58:03 WE DON'T HAVE A PURE RECORD.

06:58:04 THE PETITIONER CAME AND ASKED FOR A CONTINUANCE BASED ON

06:58:09 FACTS.

06:58:09 WHETHER THEY ARE FACTUAL OR NOT, I DON'T KNOW AND I'M SURE

06:58:12 WE DON'T KNOW.

06:58:13 HOWEVER, THEN HE COMES UP AND HE SAYS MIRRORED JUST LIKE THE

06:58:17 ONE ACROSS THE STREET.

06:58:18 THAT MEANS WHAT HE BASED THE PETITION ON BEING BROUGHT TO A

06:58:23 LATER DATE, CONTINUANCE FOR THE THIRD TIME WAS BASED ON

06:58:26 DIFFERENT ELEVATIONS AND DIFFERENT SITE PLAN, WHATEVER

06:58:29 REASON IT WAS, WHICH WE'RE NOT GOING TO HEAR BECAUSE WE'RE

06:58:33 LISTENING TO THE FIRST PETITION.

06:58:34 NOT THE ONE THAT WAS AMENDED.

06:58:36 WE'RE IN DEEP WATER.

06:58:38 THAT'S ALL I'M GOING TO SAY.

06:58:39 THE CITY, NOT THE PUBLIC.

06:58:41 I APOLOGIZE TO THE PUBLIC, I'VE GOT TO SAY WHAT I THINK IS

06:58:46 RIGHT.

06:58:46 >>MARTIN SHELBY: IF I CAN, MR. CHAIRMAN AND IF MS. WELLS

06:58:52 WISHES TO ADD TO IT OR WE CAN MAKE INQUIRIES OF

06:58:54 MR. GRANDOFF, BUT I BELIEVE IN THE MOTION TO DENY AND THE

06:58:58 REASONS FOR THE MOTION TO DENY, THERE WAS DISCUSSION ABOUT

06:59:03 THE FACT THAT THE PROCEDURE BEFORE TONIGHT WAS THAT THE LAST

06:59:11 FIRST READING ENDED UPON PETITIONER'S SPECIFIC REQUEST OF

06:59:16 CITY COUNCIL FOR A CONTINUANCE FOR A SPECIFIC PURPOSE.




06:59:19 AND I BELIEVE THE RECORD WOULD REFLECT THAT.

06:59:22 NOW, THE QUESTION -- AND IT WAS ON THAT BASIS THAT COUNCIL,

06:59:29 AS I RECALL, AS COUNCILMAN DINGFELDER STATED, WAS PREPARED

06:59:34 TO BEGIN TO TAKE ACTION.

06:59:39 SO THAT BEING THE CASE, THE CONTINUANCE THAT WAS DENIED

06:59:49 TONIGHT WAS FOR AN ADDITIONAL ACTION, IN ADDITION TO WHAT

06:59:55 WAS THE PETITIONER'S ORIGINAL REQUEST.

06:59:57 I GUESS MY POINT IS THAT COUNCIL CAN MAKE ITS DECISION ON

07:00:02 THE COMPETENT SUBSTANTIAL EVIDENCE THAT EXISTS IN THE

07:00:04 RECORD, AND THERE WAS NO ADDITIONAL TESTIMONY TONIGHT DURING

07:00:08 THE COURSE OF THE HEARING THAT WOULD NECESSARILY HAVE AN

07:00:13 EFFECT ON THAT.

07:00:14 >>LUIS VIERA: GO AHEAD, SIR.

07:00:15 >>ORLANDO GUDES: BUT THERE ARE TWO DIFFERENT ACTIONS.

07:00:18 WE HAD A CONTINUANCE THAT HE ASKED FOR, AND IT WAS UP TO US

07:00:25 TO SEE IF HE MET THE BURDEN OF HIS CONTINUANCE FOR THE

07:00:28 EXTENSION.

07:00:30 WE FELT THAT WAS NOT MET SO THAT WAS DENIED.

07:00:32 NOW WE'RE COMING BACK TO A SITUATION WHERE A CONTINUANCE WAS

07:00:37 ASKED FOR THE PETITIONER TO GO BACK AND FIX WHATEVER AND

07:00:40 BRING THAT BACK.

07:00:41 WELL, WE DON'T HAVE THAT BACK RIGHT NOW.

07:00:42 WE CAN'T MAKE A DECISION RIGHT NOW BECAUSE HIS DATE IS NOT

07:00:47 DUE TO COME BACK --

07:00:49 >>MARTIN SHELBY: IF I COULD INQUIRE OF MR. GRANDOFF THEN,




07:00:53 SIR.

07:00:53 YOU HAD INDICATED IN YOUR INITIAL REQUEST TO COUNCIL THIS

07:01:02 EVENING IN THE COURSE OF WHAT YOUR OPTIONS, ONE OF YOUR

07:01:06 OPTIONS WAS TO WITHDRAW THE APPLICATION, ADDRESS THE

07:01:09 CONCERNS THAT WERE THE BASIS OF THE REQUEST FOR YOUR

07:01:13 CONTINUANCE INITIALLY AND THEN APPLY TO THE ZONING

07:01:16 ADMINISTRATOR TO BE ABLE TO REFILE AND TO BE ABLE TO ADDRESS

07:01:20 ALL THE CONCERNS THAT YOU FELT NEEDED TO BE DONE.

07:01:23 STILL RENOTICING THE PUBLIC AND STILL HAVING AN OPPORTUNITY

07:01:26 TO BE ABLE TO MEET WITH THE PUBLIC AND BE ABLE TO ADDRESS

07:01:28 THOSE CONCERNS.

07:01:30 IS IT YOUR DESIRE TO REQUEST A WITHDRAWAL?

07:01:33 >>JOHN GRANDOFF: NO, I'M NOT GOING TO WITHDRAW IT.

07:01:35 I'M ASKING FOR APPROVAL BECAUSE THE ZONING ADMINISTRATOR

07:01:40 FOUND THE ENTIRE PROJECT CONSISTENT WITH CHAPTER 27.

07:01:57 >>JOHN DINGFELDER: POINT OF ORDER, MR. GRANDOFF.

07:01:59 I RESPECT YOUR TIME.

07:02:04 YOU RESPECT MY POINT OF ORDER.

07:02:06 IF WE ARE OPENING UP THIS -- ORIGINALLY MR. GRANDOFF SAID, I

07:02:12 ASKED FOR YOUR APPROVAL BASED UPON THE TESTIMONY EARLIER,

07:02:16 END OF STORY.

07:02:16 IF WE'RE OPENING THIS UP TO MR. GRANDOFF, ELABORATING ON

07:02:22 WHAT HE DID BEFORE, WHICH IS EXACTLY WHAT HE JUST SHOWED US.

07:02:24 HE SHOWED US THAT LAST TIME.

07:02:26 IF HE'S GOING TO ELABORATE AND THAT SORT OF THING, THEN I




07:02:29 BELIEVE OUT OF FAIRNESS WE NEED TO OPEN IT UP TO ANYBODY

07:02:32 ELSE WHO WANTS TO SPEAK AGAIN.

07:02:35 OKAY.

07:02:35 WHAT'S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER AS

07:02:38 MR. MIRANDA SAYS, WE'RE TREADING ON THIN ICE IF WE DON'T.

07:02:41 FROM A DUE PROCESS PERSPECTIVE, I THINK WE HAVE TO DECIDE,

07:02:45 ARE WE GOING TO START OVER AGAIN OR JUST BASING OUR DECISION

07:02:49 BASED UPON THE RECORD IN FRONT OF US BEFORE.

07:02:51 >>LUIS VIERA: LET ME SAY, I THINK -- AND THAT IS A POINT

07:02:53 WELL TAKEN.

07:02:54 I THINK THAT MR. GRANDOFF'S RESPONSE WAS NEARLY TAILORED TO

07:02:58 MR. SHELBY'S QUESTION.

07:03:00 ANYTHING FURTHER FROM THAT DOES MAKE THOSE ISSUES RELEVANT.

07:03:02 >>JOHN DINGFELDER: MY POINT OF ORDER IS SORT OF DIRECTED TO

07:03:04 MR. SHELBY'S QUESTION BECAUSE I THINK WE SHOULDN'T BE DOING

07:03:07 THAT.

07:03:07 WE HAVE TO GO ONE WAY OR THE OTHER.

07:03:09 LET'S DO IT ALL OVER AGAIN OR LET'S MAKE OUR MIND UP BASED

07:03:12 ON THE RECORD BEFORE US.

07:03:14 >>MARTIN SHELBY: MR. CHAIRMAN, I'M GOING TO ASK COUNCIL FOR

07:03:16 A FIVE-MINUTE CONTINUANCE TO CONFER -- RECESS.

07:03:20 FIVE-MINUTE RECESS, AND THEN I'LL ASK COUNCIL TO RECONVENE.

07:03:26 >>LUIS VIERA: WE SHALL RECONVENE IN FIVE MINUTES.

07:03:29 [RECESS]

07:03:31 [NO AUDIO]




07:13:16 [ENCODER LOSS OF AUDIO]

07:18:56 [NO ENCODER AUDIO]

07:22:42 [ENCODER DIFFICULTIES]

07:38:13 [CAPTIONER USING AUDIO FROM ONLINE VIDEO]

07:43:49 >> -- WITHIN A 53,589-SQUARE-FOOT BUILDING.

07:43:52 THE PD WAS FURTHER REFINED AND AMENDED IN 2012 WITH Z 11-36.

07:44:00 ORDINANCE 2012-05 TO ALLOW FOR A PHASE 2 PROJECT, WHICH I

07:44:07 WILL SHOW.

07:44:08 HERE WITH THREE MAIN BUILDINGS, PRIMARILY -- AND I KNOW THE

07:44:20 APPLICANT'S REPRESENTATIVE WILL GO OVER THIS IN MORE DETAIL,

07:44:23 BUT A TEN-STORY PARKING GARAGE IT WITH SOME RETAIL USES AND

07:44:30 A SIX-STORY BUILDING FOR VARIOUS USES AS WELL AS A PARKING

07:44:34 GARAGE AND ANOTHER SIX-STORY BUILDING.

07:44:37 WITH THAT ORIGINAL PLAN DEVELOPMENT THAT WAS APPROVED AND

07:44:40 THE CURRENT PD OF RECORD, THE ALLOWABLE USES WERE MEDICAL

07:44:46 OFFICE, BUSINESS PROFESSIONAL OFFICE, TRANSPORTATION SERVICE

07:44:50 FACILITY, RETAIL SALES, SHOPPERS GOODS, DAY CARE, COLLEGE,

07:44:55 AND MULTIFAMILY RESIDENTIAL, AS WELL AS THERE'S A CORRECTION

07:44:57 IN THE REPORT, PRINCIPAL PARKING WAS AN ALLOWABLE USE.

07:45:02 UNDER THE 2011 PLAN.

07:45:03 THE REASON AND THE PURPOSE FOR THE CURRENT PD APPLICATION IS

07:45:10 TO ADD HOSPITAL, MOTEL/HOTEL, CONGREGATE LIVING FACILITY,

07:45:15 LARGE GROUP CARE, AND NURSING, CONVALESCENT AND EXTENDED

07:45:22 CARE FACILITY TO THE LIST OF PERMITTED USES.

07:45:24 NOTHING STRUCTURALLY IS TO CHANGE FROM THE 2011 PLAN.




07:45:36 SO, AGAIN, BACK TO THE PHOTOGRAPHS, THIS IS THE PHASE ONE

07:45:39 PROJECT THAT WAS ALREADY DEVELOPED.

07:45:41 HERE'S THE PARKING LOT.

07:45:44 HERE IS THE PARKING LOT FROM THE MAIN ROAD.

07:45:48 HERE IS ACROSS THE STREET ON KENNEDY.

07:45:52 ACROSS THE STREET ON KENNEDY, LOOKING TOWARDS DOWNTOWN.

07:45:56 HERE IS THE GRAND CENTRAL PROJECT THAT'S ALMOST COMPLETED.

07:46:01 AND THEN THERE IS A MIX OF SMALLER RESIDENTIAL PROPERTIES

07:46:09 THAT WERE CONVERTED INTO OFFICES ON FIELDING.

07:46:14 AS FAR AS STAFF'S REVIEW OF THIS APPLICATION, THERE ARE JUST

07:46:17 TWO MINOR CHANGES.

07:46:21 REQUIRED BETWEEN FIRST AND SECOND READING FOUND ON THE STAFF

07:46:23 REPORT AND REVISION SHEET FROM PLANNING DESIGN AND

07:46:26 DEVELOPMENT COORDINATION AS WELL AS ONE SMALL CHANGE TO THE

07:46:30 PARKING LOT FOR THE FIRE DEPARTMENT TO ENSURE AN FPA

07:46:35 APPROVAL.

07:46:38 OTHER THAN THAT, WAIVERS FROM THE ORIGINAL 2011 -- I'M

07:46:43 SORRY, YEAH, 2011 Z 11-36 WAIVERS CARRY FORWARD WITH THIS

07:46:49 APPLICATION.

07:46:49 THEY ARE DELINEATED IN YOUR STAFF REPORT.

07:46:52 I WENT THROUGH IT.

07:46:54 AND THERE ARE NO NEW WAIVERS WITH THIS NEW PD APPLICATION.

07:46:57 SAYING THAT, THE DEVELOPMENT REVIEW COMMITTEE HAS REVIEWED

07:47:00 THIS APPLICATION AND FOUND IT CONSISTENT WITH THE CITY OF

07:47:01 TAMPA LAND DEVELOPMENT CODE, PROVIDED THOSE REQUIRED




07:47:05 MODIFICATIONS ARE MADE BETWEEN FIRST AND SECOND READING.

07:47:09 THAT CONCLUDES MY PRESENTATION.

07:47:11 >>LUIS VIERA: THANK YOU.

07:47:12 ANY QUESTIONS?

07:47:12 THANK YOU VERY MUCH.

07:47:14 APPLICANT.

07:47:17 >> TRUETT GARDNER, 400 NORTH ASHLEY DRIVE.

07:47:20 I HAVE THE PLEASURE OF REPRESENTING TAMPA GENERAL HOSPITAL.

07:47:23 WITH ME FROM TAMPA GENERAL, CHERYL EGAN, DUSTIN PASTEUR,

07:47:27 ROBIN, AND TAMARA RICE, AND THEN RANDY COEN OF

07:47:31 COEN & COMPANY WHO HAS MORE INSTITUTIONAL KNOWLEDGE OF THIS

07:47:34 PROJECT THAN ANYBODY.

07:47:39 >>LUIS VIERA: MR. GARDNER, FOR ONE SECOND, IF I MAY,

07:47:41 MR. SHELBY, JUST AS A MATTER OF FULL DISCLOSURE, I THINK MY

07:47:44 LAW FIRM MAY REPRESENT TAMPA GENERAL HOSPITAL IN SOME

07:47:47 MATTERS.

07:47:48 IT DOESN'T POSE A CONFLICT TO ME.

07:47:55 I DON'T PERSONALLY REPRESENT THEM.

07:47:56 >>MARTIN SHELBY: THAT BEING SAID, YOU DISCLOSED THAT.

07:48:00 YOUR FIRM IS NOT REPRESENTING THIS PARTICULAR MATTER.

07:48:02 >>LUIS VIERA: NO, SIR.

07:48:05 >>MARTIN SHELBY: AND YOU CAN BE FAIR AND IMPARTIAL AND BASE

07:48:05 YOUR DECISION ON THE EVIDENCE IN THE RECORD.

07:48:13 >>LUIS VIERA: NO, I CAN'T -- JUST KIDDING.

07:48:13 YES, I CAN.




07:48:13 I CAN.

07:48:14 I JUST WANTED TO PUT THAT JUST IN CASE.

07:48:16 >> I WISH MARY WAS HERE TO HEAR THIS.

07:48:20 I WANTED TO COMMEND HER BECAUSE SHE TOOK AN INCREDIBLY

07:48:23 COMPLICATED SITE PLAN AND IN HER STAFF REPORT DID A

07:48:26 WONDERFUL JOB OF SUMMARIZING IT.

07:48:28 I FELT LIKE I LEARNED ABOUT THE SITE PLAN FROM HER STAFF

07:48:33 REPORT.

07:48:34 AND IF I COULD JUST FURTHER DISTILL IT AND MAKE THIS AS

07:48:38 SIMPLE AS POSSIBLE.

07:48:40 AS MARY SAID, IT'S AN APPROVED PD, AND ALL THAT WE ARE

07:48:44 MODIFYING, WHICH I BELIEVE ONLY ENHANCES IT, ESPECIALLY

07:48:47 GIVEN THAT THIS AREA HAS REALLY STARTED TO DEVELOP WITH A

07:48:50 MIXTURE OF USES, I'VE HIGHLIGHTED THE CHANGES.

07:48:53 ONE JUST TO ORIENT YOU.

07:48:55 YOU HAVE MAGNOLIA ON THE EAST, FIELDING ON THE WEST, KENNEDY

07:48:59 ON THE NORTH AND CLEVELAND ON THE SOUTH.

07:49:01 THE ONLY TRUE CHANGES OF ANY SUBSTANCE ARE THE ADDITION ON

07:49:06 BOTH THIS PROPOSED AND ALREADY APPROVED BUILDING AS WELL AS

07:49:10 THIS PROPOSED AND ALREADY APPROVED BUILDING.

07:49:13 I'VE HIGHLIGHTED THE CHANGES WHICH ARE THE ADDITION OF USES

07:49:18 OF HOSPITAL, LODGING, CONTINUING CARE FACILITY AND

07:49:22 INDEPENDENT LIVING FACILITY.

07:49:24 THE SAME AS THIS ALREADY APPROVED BUILDING, AND THEN

07:49:28 SECONDLY, WHICH SHOULD BE AN ENHANCEMENT TO THE LOCAL




07:49:31 STREETS OF MAGNOLIA AND FIELDING IS THE ADDITION OF AN

07:49:34 OUTBOUND LANE THAT WILL GO ONTO CLEVELAND, WHICH SHOULD

07:49:40 SUBSTANTIALLY REDUCE THE TRAFFIC LEAVING THE PROPERTY.

07:49:43 THOSE ARE THE CHANGES.

07:49:45 IF YOU HAVE ANY QUESTIONS, WE'RE HERE TO ANSWER THEM FROM A

07:49:48 TRAFFIC GENERATION STANDPOINT, THIS PROPOSAL DOES NOT

07:49:52 GENERATE ANY ADDITIONAL TRAFFIC, AND, AGAIN, IT'S AN

07:49:56 APPROVED USE.

07:49:57 WE'RE JUST ADDING A FEW USES TO IT AS WELL AS THE EGRESS ON

07:50:02 CLEVELAND.

07:50:07 >>GUIDO MANISCALCO: ALL RIGHT.

07:50:08 ARE THERE ANY QUESTIONS FOR THE PETITIONER?

07:50:09 NO.

07:50:11 SEEING NONE, WE'LL GO TO THE PUBLIC.

07:50:12 I ASSUME EVERYONE THAT IS WISHING TO SPEAK HAS BEEN SWORN

07:50:15 IN.

07:50:16 IF NOT, I THINK WE COVERED EVERYBODY.

07:50:18 IF YOU WISH TO SPEAK ON THIS ITEM, PLEASE APPROACH THE

07:50:21 LECTERN AND STATE YOUR NAME.

07:50:23 SEEING NONE -- OH, SIR.

07:50:33 >> GOOD EVENING, CHAIRMAN, COUNCIL MEMBERS.

07:50:38 MY NAME IS BRAD SOUDERS.

07:50:41 ADDRESS IS 115 SOUTH FIELDING AVENUE, TAMPA, 33606.

07:50:46 I THANK YOU FOR THE OPPORTUNITY TO BE HEARD TONIGHT.

07:50:50 I ALSO FEEL OBLIGATION TO TAMPA GENERAL HOSPITAL TO MENTION




07:50:54 I HAVE THE HIGHEST ADMIRATION AND RESPECT FOR TAMPA GENERAL.

07:50:58 BUT ON RECEIPT OF THE APPLICATION FOR REZONING, I FELT IT

07:51:06 IMPORTANT AS A DUTY, AS A PROPERTY OWNER ADJOINING THIS

07:51:10 PROJECT, I FELT IT WAS IMPORTANT TO SHARE SOME CONCERNS.

07:51:15 MY CONCERNS ARE THAT WHEN I RECEIVED THE APPLICATION FOR

07:51:20 REZONING, MY CONCERN IS, CONCERNED OF OVERUSE OF THE

07:51:28 PROPERTY, OVERCROWDING, WHICH RESULTS IN MORE TRAFFIC, WHICH

07:51:31 RESULTS IN MORE GRIDLOCK AND POSSIBLY HARM TO THE BUILDING.

07:51:35 IF I CAN JUST SHOW YOU BY WAY OF PICTURE.

07:51:41 >>LUIS VIERA: IF I MAY INTERRUPT FOR ONE SECOND, SIR.

07:51:44 I APOLOGIZE.

07:51:45 AFTER SPEAKING WITH MR. SHELBY OUT OF AN ABUNDANCE OF

07:51:48 CAUTION, DECIDE IT'S PROBABLY BEST THAT I ABSTAIN.

07:51:52 I'M REASONABLY CERTAIN THAT A FIRM I'M INVOLVED IN BEING OF

07:51:56 COUNSEL DOES REPRESENT TAMPA GENERAL HOSPITAL IN MATTERS.

07:52:00 I'M RATHER CERTAIN OF IT.

07:52:01 OUT OF AN ABUNDANCE OF CAUTION I WILL ABSTAIN FROM THIS

07:52:05 VOTE.

07:52:06 I'LL BE BACK.

07:52:10 >> THANK YOU.

07:52:10 THIS IS THE ADDRESS OF 115 SOUTH FIELDING.

07:52:17 OF NOTEWORTHY FROM THE CITY OF TAMPA HISTORIC PRESERVATION,

07:52:24 YOU'LL SEE RIGHT HERE THAT THIS BUILDING, AS SHOWN BY THIS

07:52:31 PICTURE, THIS IS A LOCAL HISTORIC LANDMARK OF THE CITY OF

07:52:36 TAMPA.




07:52:38 I'D ALSO LIKE TO SHOW YOU A FEW OTHER PICTURES, PLEASE.

07:52:43 THIS RIGHT HERE IS THE OVERHEAD.

07:53:02 THE SUBJECT PROPERTY, FIELDING, IS LOCATED RIGHT HERE.

07:53:07 I WOULD JUST NEED TO MENTION THAT ALREADY, EVEN WITHOUT THE

07:53:13 ADDED USES, THAT IF WE LOOK AT FIELDING, WE CAN SEE

07:53:20 FIELDING, THIS BRICK ROAD HAS ALREADY OVERUSE.

07:53:27 I LOST SOME TIME BECAUSE OF THE CHAIRPERSON.

07:53:32 >>THE CLERK: I DID PAUSE THE TIMER.

07:53:35 ADDITIONAL MINUTE?

07:53:37 >>GUIDO MANISCALCO: ANOTHER FULL MINUTE.

07:53:39 >> BRIEFLY.

07:53:40 WE HAVE UNIVERSITY OF TAMPA STUDENTS, FIELDING AVENUE AND WE

07:53:48 ALSO HAVE CONSTRUCTION WORKERS OF ADJOINING CONSTRUCTION

07:53:51 PROJECTS, WHICH HAS CAUSED QUITE A BIT OF PROBLEMS FOR A LOT

07:53:57 OF PEOPLE.

07:53:58 ACTUALLY, WE'VE SEEN ACCIDENTS ON FIELDING.

07:54:01 WE'VE SEEN FIRST RESPONDERS OR FIRE TRUCKS HAVE DIFFICULTY

07:54:05 WITH NAVIGATION.

07:54:07 POLICE HAVE CONSTANTLY BEEN OUT THERE WITH TICKETING FOR

07:54:10 ILLEGAL PARKING UP TO THE CORNER OF CLEVELAND AND ALSO THE

07:54:14 POST OFFICE HAS HAD SOME ISSUES.

07:54:17 YOU SEE THAT DOWN THE STREET, YOU SEE THIS CONSTRUCTION,

07:54:22 WHICH, OF COURSE, IS JUST ONLY ON THE OTHER SIDE OF THE

07:54:25 PROPERTY, SUBJECT PROPERTY THAT'S BEFORE YOU, WHICH IS, OF

07:54:29 COURSE, ADDING A LOT MORE USE.




07:54:31 I WOULD RESPECTFULLY SAY THAT, AGAIN, HIGHEST ADMIRATION AND

07:54:42 RESPECT FOR TAMPA GENERAL.

07:54:44 WE JUST FEEL THAT THE PROPERTY MAY BE ENTERING OVERUSE.

07:54:52 WHEN YOU LOOK AT THE AGENDA --

07:54:55 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.

07:55:00 >> THANK YOU FOR YOUR TIME.

07:55:01 >>GUIDO MANISCALCO: THANK YOU.

07:55:02 WE HAVE A QUESTION FROM COUNCILMAN DINGFELDER.

07:55:06 >>JOHN DINGFELDER: [MICROPHONE NOT ON]

07:55:09 >>GUIDO MANISCALCO: DO WE HAVE ANYONE ELSE FOR PUBLIC

07:55:11 COMMENT?

07:55:11 NO.

07:55:12 ALL RIGHT.

07:55:13 COUNCILMAN DINGFELDER.

07:55:15 >>JOHN DINGFELDER: [MICROPHONE NOT ON]

07:55:18 -- THIS EVENING.

07:55:20 YOU MADE REFERENCE TO.

07:55:23 >> YES.

07:55:26 >>JOHN DINGFELDER: I FEEL YOUR PAIN.

07:55:31 GOOD EVENING.

07:55:31 >> GOOD EVENING.

07:55:34 >>JOHN DINGFELDER: SO ON THE SURFACE, MR. SOUDERS BRINGS UP

07:55:39 SOME INTERESTING POINTS IN TERMS OF ADDITIONAL USES, HOW CAN

07:55:45 ADDITIONAL USES NOT BRING ADDITIONAL TRAFFIC.

07:55:48 MR. GARDNER MADE SOME LOOSE ILLUSIONS TO THE FACT THAT IT'S




07:55:52 A WASH OR A TRADE-OFF PERHAPS.

07:55:54 CAN YOU ELABORATE ON THAT A LITTLE BIT?

07:55:56 AND SPECIFICALLY GO BACK TO THAT OVERHEAD AND TELL US WHERE

07:56:01 THIS TRAFFIC IS GOING IN AND OUT AND WHY IT WOULD NOT IMPACT

07:56:05 MR. SOUDERS' HISTORIC PROPERTY.

07:56:10 >> WELL, LET'S START WITH THE FIRST QUESTION FIRST.

07:56:12 THERE IS A TRADE-OFF MECHANISM THAT'S ALREADY WITHIN THIS

07:56:15 ZONING THAT ALLOWS THE AMOUNT OF VARIOUS USES IN THESE

07:56:17 BUILDINGS TO CHANGE.

07:56:19 WE'RE SIMPLY ADDING FOUR USES TO THE BUILDING.

07:56:23 WE CANNOT PRODUCE ANY MORE TRAFFIC THAN ALREADY APPROVED FOR

07:56:25 THE PROJECT.

07:56:26 THE BUILDING SIZES REMAIN THE SAME AS THEY ARE TODAY,

07:56:30 APPROVED.

07:56:30 THE ONLY REAL CHANGE FROM A TRAFFIC STANDPOINT ON THIS

07:56:33 PARTICULAR PROJECT IS THE ADDITION OF THIS OUTBOUND DRIVEWAY

07:56:38 FROM THE PROJECT ONTO CLEVELAND.

07:56:40 THAT PARTICULAR DRIVEWAY WILL ALLOW UP TO 53% OF THE PROJECT

07:56:44 THAT WOULD USE FIELDING -- TO NOT USE FIELDING, BUT TO

07:56:47 ACTUALLY MOVE IT DOWN HERE.

07:56:49 THE TRADE-OFF MECHANISM, IF WE WANT TO DO FIVE RESIDENTIAL

07:56:54 UNITS, WE LOSE SO MUCH OF OUR OFFICE OR OUR MEDICAL OFFICE

07:56:58 ENTITLEMENT.

07:56:59 THE VOLUME OF THE BUILDING DOES NOT CHANGE.

07:57:01 WE TALKED ABOUT OVERCROWDING.




07:57:03 THERE IS NO CHANGE IN THIS ZONING REGARDING THE SIZE OF THE

07:57:05 BUILDING.

07:57:06 THE HEIGHT, NUMBER OF FLOORS, THE LOCATION OF THEM

07:57:09 ET CETERA.

07:57:09 >>JOHN DINGFELDER: I DON'T THINK I WAS ON COUNCIL WHEN THIS

07:57:11 WAS ORIGINALLY APPROVED, BUT I AM CURIOUS OF WHY WE'RE USING

07:57:14 FIELDING AT ALL.

07:57:16 IT'S SUCH A MAJOR, A MAJOR PROJECT, AND YOU'D HAVE ACCESS TO

07:57:23 CLEVELAND.

07:57:24 I DON'T KNOW WHAT'S ON YOUR BACKSIDE, KENNEDY?

07:57:26 >> ACTUALLY, NORTH IS KENNEDY.

07:57:28 TO THE WEST IS FIELDING.

07:57:29 TO THE EAST IS MAGNOLIA, AND TO THE SOUTH IS CLEVELAND.

07:57:33 >>JOHN DINGFELDER: YOU'VE GOT CLEVELAND AND KENNEDY.

07:57:35 WHY ARE YOU USING THE LITTLE SMALL STREET AT ALL?

07:57:37 >> WE WERE REQUIRED IN THE FIRST ZONING AND THEN REAFFIRMED

07:57:40 IN THE SECOND ZONING TO HAVE OUR ACCESSES ON MAGNOLIA AND ON

07:57:44 FIELDING.

07:57:45 THE D.O.T. WOULD NOT ALLOW ANY ACCESS ONTO KENNEDY BOULEVARD

07:57:51 ITSELF, WHICH IS THE TYPICAL WAY WE FIND OURSELVES.

07:57:53 MORE IMPORTANTLY, BECAUSE YOU HAVE GRAND CENTRAL PULLING OFF

07:57:55 OF KENNEDY BOULEVARD NEAR THE NORTHEAST CORNER OF THIS

07:58:00 PROPERTY.

07:58:01 IT FELT THAT IT WAS VERY APPROPRIATE NOT TO HAVE ANY

07:58:03 DRIVEWAY CONNECTIONS TO KENNEDY.




07:58:05 THAT ISSUE ACTUALLY CAME UP BETWEEN TAMPA GENERAL, THE

07:58:08 D.O.T. AND THE CITY OF TAMPA.

07:58:11 IN THIS REZONING WHERE IT WAS DETERMINED IT WAS NOT A SAFE

07:58:14 CONDITION TO PROVIDE ANY CONNECTION ON KENNEDY BOULEVARD.

07:58:17 HOWEVER, THE CITY DID DETERMINE THAT AFTER LOOKING AT THIS

07:58:21 AGAIN THAT IT WOULD BE APPROPRIATE FOR US TO HAVE OUR

07:58:24 CONNECTION TO CLEVELAND STREET TO LESSEN THE TRAFFIC WE HAVE

07:58:27 ON FIELDING.

07:58:28 THAT'S EXACTLY WHAT WE DID.

07:58:30 >>JOHN DINGFELDER: SO JUST FOR ARGUMENT'S SAKE, WHY NOT JUST

07:58:38 HAVE THE INGRESS FROM FIELDING AND LET YOUR EGRESS GO OUT ON

07:58:46 CLEVELAND, AT LEAST THAT MIGHT MITIGATE SOME OF THE IMPACTS

07:58:50 ON THE LITTLE BRICK STREET.

07:58:52 >> IT ACTUALLY WOULDN'T MITIGATE ANYTHING AT ALL.

07:58:55 IF YOU LEFT THE DRIVEWAY ON EITHER CLEVELAND OR ON MAGNOLIA

07:59:00 AND YOU WISH TO GET TO KENNEDY BOULEVARD, YOU WOULD TAKE

07:59:02 CLEVELAND AND YOU WOULD COME UP FIELDING.

07:59:04 PURE AND SIMPLE.

07:59:06 WHAT WE'VE PROVIDED IS A DRIVEWAY FOR ANYONE WHO DOES NOT

07:59:09 WISH TO USE FIELDING TO HAVE AN OPPORTUNITY NOT TO USE

07:59:13 FIELDING ITSELF.

07:59:14 SO RESTRICTING A DRIVEWAY TO AN INBOUND OR OUTBOUND ONLY ON

07:59:18 FIELDING WOULD NOT CURE THE PROBLEM OF WHAT TRAFFIC THERE

07:59:21 IS.

07:59:22 WHAT WE PROVIDE IS A SOLUTION THAT REDUCES ABOUT 53% OF THE




07:59:25 TRAFFIC THAT WOULD USE THIS FIELDING DRIVEWAY WITHOUT USING

07:59:30 THIS DRIVEWAY HERE.

07:59:31 >>JOHN DINGFELDER: YOU'RE SAYING THIS IS AN IMPROVED

07:59:33 TRAFFIC --

07:59:34 >> SUBSTANTIALLY.

07:59:35 >>JOHN DINGFELDER: -- TRAFFIC FLOW AS COMPARED TO THE

07:59:38 EXISTING PD.

07:59:39 >> YES.

07:59:39 DEFINITELY YES.

07:59:40 ESPECIALLY AT THE INTERSECTION OF FIELDING AND KENNEDY.

07:59:43 IT IS VASTLY BETTER WITH WHAT'S PROPOSED HERE.

07:59:47 >>JOHN DINGFELDER: THAT'S A BAD AREA.

07:59:48 >> YES, IT IS.

07:59:49 >>JOHN DINGFELDER: YOU HAVE STARBUCKS, McDONALD'S, ALL

07:59:51 THAT STUFF.

07:59:52 NOT THAT I EVER GO TO EAT IT.

07:59:56 >>GUIDO MANISCALCO: SIR, YOUR NAME FOR THE RECORD.

07:59:59 >> RANDY COEN, 4121 WEST CYPRESS STREET.

08:00:03 AND I HAVE BEEN SWORN.

08:00:05 >>GUIDO MANISCALCO: ALL RIGHT.

08:00:05 THANK YOU VERY MUCH.

08:00:06 ARE THERE ANY OTHER QUESTIONS, COUNCIL MEMBER CARLSON.

08:00:11 >>BILL CARLSON: THE MEMBER OF THE PUBLIC WHO SPOKE BROUGHT

08:00:13 UP THE PARKING ISSUE AROUND THAT AREA.

08:00:17 WE'RE GOING TO BRING UP AT ANOTHER DATE POSSIBLE RULES FOR




08:00:25 CONSTRUCTION PARKING.

08:00:27 CAN YOU JUST TELL US A LITTLE BIT ABOUT HOW YOU PLAN ON

08:00:30 STAGING THIS?

08:00:34 HOW CAN I SAY THIS WITHOUT BRINGING MORE INFORMATION IN?

08:00:37 YOU SHOWED PICTURES OF HOW -- SOMEBODY SHOWED PICTURES OF

08:00:41 HOW THE ROADS ARE BLOCKED OFF BECAUSE MAGNOLIA AND -- ARE

08:00:45 BLOCKED OFF BECAUSE OF THE CONSTRUCTION OF THE OTHER SITE

08:00:47 AND CONSTRUCTION PEOPLE ARE PARKING ALL AROUND THERE IN THE

08:00:49 PICTURES.

08:00:50 IS IT GOING TO BE THE SAME WITH YOUR PROJECT OR CAN YOUR --

08:00:53 OR YOUR PROJECT IS BIG ENOUGH THEY CAN STAGE IT ON THE

08:00:55 PROPERTY WHILE BUILDING THE STRUCTURE RIGHT OR NO?

08:00:58 >> YES, FROM AN ACREAGE STANDPOINT IT IS BIGGER AND CAN

08:01:02 ACCOMMODATE MORE.

08:01:03 IT WILL PROBABLY BE BUILT IN PHASES AS OPPOSED TO ALL AT

08:01:05 ONCE.

08:01:12 >>BILL CARLSON: HE MENTIONED FIELDING.

08:01:14 WILL YOUR CONSTRUCTION FOLKS BLOCK ALL OF FIELDING WHILE

08:01:17 IT'S BEING CONSTRUCTED AND MAGNOLIA OR WILL IT BE OPEN?

08:01:22 >> NO, THERE ARE TWO SEPARATE BUILDINGS.

08:01:23 ONE FACES KENNEDY BOULEVARD, RUNS FROM FIELDING TO THE EAST.

08:01:26 THERE'S ONE ON MAGNOLIA.

08:01:27 CONSTRUCTION WOULD ONLY BE FOR ONE BUILDING AT A TIME, SAME

08:01:30 WITH THE PARKING STRUCTURE.

08:01:32 LIKELY TO HAVE NO STREET CLOSURES.




08:01:34 IT COULD PERHAPS BE REMOVAL OF SOME PARKING FOR A VERY

08:01:38 LIMITED AMOUNT OF TIME, BUT THIS PROJECT, UNLIKE THE ALTMAN

08:01:42 PROJECT, WHICH I'M VERY FAMILIAR WITH BECAUSE I'M A

08:01:45 CONSULTANT ON THAT PROJECT, THIS PROPERTY ALLOWS FOR YOU TO

08:01:48 DO MOST OF YOUR CONSTRUCTION ACTIVITIES ON-SITE, MOST OF

08:01:51 YOUR DELIVERIES ON-SITE, VERY DIFFERENT THAN WHAT'S GOING ON

08:01:54 WITH THE ALTMAN GRAND CENTRAL.

08:01:56 >>BILL CARLSON: WHAT ABOUT THE PEOPLE WHO WILL BE WORKING

08:02:00 ON-SITE?

08:02:01 WILL THEY BE ABLE TO PARK ON THE SITE ALSO OR PARKING ALL UP

08:02:04 AND DOWN FIELDING?

08:02:06 >> THEY WOULD LIKELY PARK ON-SITE.

08:02:08 TAMPA GENERAL ALSO HAS A NUMBER OF PARKING LOTS IN THIS

08:02:10 IMMEDIATE AREA AS WELL THAT COULD BE UTILIZED.

08:02:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.

08:02:15 ARE THERE ANY OTHER QUESTIONS?

08:02:16 COUNCILMAN MIRANDA.

08:02:18 >>CHARLIE MIRANDA: I JUST WANT TO SAY THAT I UNDERSTAND

08:02:21 WHAT'S GOING ON.

08:02:23 IF YOU LOOK WHERE I LIVE, GUESS WHAT, I LIVE IN FRONT OF AN

08:02:26 800-CAR PARKING GARAGE.

08:02:30 IT WASN'T THERE A COUPLE OF YEARS AGO.

08:02:31 NOW THE OTHER HOSPITAL, ST. JOSEPH'S CLOSED ST. ISABEL

08:02:35 BECAUSE THEY WANT TO BUILD A BRIDGE FROM ONE HOSPITAL TO THE

08:02:38 NEXT ONE WHEN THEY HAVE PROPERTY NORTH OF THE HOSPITAL, THE




08:02:40 CITY GAVE THEM THE RIGHT TO CLOSE IT.

08:02:41 IT'S BEEN FIVE MONTHS.

08:02:42 IT WILL BE A YEAR BY THE TIME --

08:02:43 I DON'T KNOW HOW LONG IT WILL TAKE.

08:02:43 GUESS WHAT HAPPENS.

08:02:43 I GET ALL THE TRAFFIC NOW.

08:02:49 THE DETOUR SIGN IS RIGHT IN FRONT OF MY HOUSE.

08:02:52 I HAVEN'T SAID ONE WORD.

08:02:53 SOMEBODY HAS TO GO TO THE HOSPITAL.

08:02:55 SOMEBODY HAS TO BE TAKEN CARE OF.

08:02:56 THAT'S ALL.

08:02:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH?

08:02:58 ANY OTHER QUESTIONS?

08:02:59 SIR, ANY OTHER COMMENTS?

08:03:03 >> ALL GOOD.

08:03:03 THANK YOU.

08:03:04 >>GUIDO MANISCALCO: ANY MOTIONS TO CLOSE?

08:03:06 WE HAVE A MOTION TO CLOSE FROM COUNCIL MEMBER GUDES WITH A

08:03:09 SECOND FROM COUNCIL MEMBER CITRO.

08:03:11 ALL IN FAVOR?

08:03:12 ALL RIGHT.

08:03:14 COUNCILMAN CITRO, ARE YOU COMFORTABLE WITH TAKING IT?

08:03:17 >>JOSEPH CITRO: FILE REZ 19-65, MOVE AN ORDINANCE BE

08:03:21 PRESENTED FOR FIRST READING.

08:03:23 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF




08:03:27 606 AND 722 WEST KENNEDY BOULEVARD IN THE CITY OF TAMPA,

08:03:31 FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM

08:03:34 ZONING DISTRICT CLASSIFICATION PD, PLANNED DEVELOPMENT,

08:03:38 OFFICE, BUSINESS, PROFESSIONAL, AND MEDICAL TRANSPORTATION

08:03:41 SERVICE FACILITY, RETAIL, RESIDENTIAL, MULTIFAMILY, COLLEGE,

08:03:45 AND DAY CARE NURSERY FACILITY TO PD, PLANNED DEVELOPMENT

08:03:49 OFFICE, BUSINESS PROFESSIONAL AND MEDICAL, DAY CARE, RETAIL,

08:03:53 SHOPPERS GOODS, COLLEGE, RESIDENTIAL, MULTIFAMILY, HOSPITAL,

08:03:57 HOTEL/MOTEL, CONGREGATED LIVING FACILITY, LARGE PUBLIC

08:04:02 GROUP, PRINCIPAL PARKING, NURSING, CONVALESCENT AND EXTENDED

08:04:06 DAY CARE FACILITY, PROVIDING AN EFFECTIVE DATE.

08:04:11 THAT THE PETITIONER HAS MET THE BURDEN OF PROOF AND THIS

08:04:14 WILL BE CONSISTENT WITH ALL PREAPPROVED WAIVERS AND SITE

08:04:18 MODIFICATION PLANS BECAUSE IT IS CONSISTENT WITH THE

08:04:21 COMPREHENSIVE PLAN.

08:04:23 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN CITRO

08:04:25 WITH A SECOND FROM COUNCILMAN MIRANDA.

08:04:27 COUNCILMAN DINGFELDER, YOU HAD SOMETHING TO SAY?

08:04:29 >>JOHN DINGFELDER: YES, MR. CHAIRMAN.

08:04:30 TYPICALLY, I WOULD BE GREATLY CONCERNED ABOUT THE ISSUES

08:04:37 RAISED BY ATTORNEY SOUDERS IN REGARD TO THE HISTORIC

08:04:42 PROPERTY AND THE BRICK STREETS AND THAT SORT OF THING.

08:04:44 BUT IN THIS PARTICULAR CASE, AS THE TESTIMONY FROM MR. COHEN

08:04:48 INDICATED, THE PD ALREADY EXISTS WITH ALL THOSE TRIPS.

08:04:53 THEY ARE NOT ADDING ANY MORE TRIPS, AND THEY ARE ALLEVIATING




08:04:57 SOME OF THAT LOCAL TRAFFIC NOW THAT THEY CAN BUST OUT ONTO

08:05:01 CLEVELAND.

08:05:02 ALL TOLD, I THINK IT'S HOPEFULLY BETTER FROM A TRAFFIC

08:05:06 PERSPECTIVE.

08:05:06 THAT EARLIER CAT IS ALREADY OUT OF THE BAG.

08:05:10 I'LL BE SUPPORTING THE MOTION FOR THAT REASON.

08:05:13 >>GUIDO MANISCALCO: ANY OTHER COMMENTS?

08:05:16 WE HAVE A MOTION FROM COUNCILMAN CITRO WITH A SECOND FROM

08:05:18 COUNCILMAN MIRANDA.

08:05:19 ALL IN FAVOR?

08:05:20 ANY OPPOSED?

08:05:23 >>THE CLERK: THE MOTION --

08:05:25 >>BILL CARLSON: I WANT TO SAY SOMETHING.

08:05:27 WE'RE CLOSED, RIGHT?

08:05:30 >>MARTIN SHELBY: EXCUSE ME.

08:05:31 IT DEPENDS WHAT YOU'RE GOING TO SAY.

08:05:34 THE QUESTION IS, IS IT SOMETHING THAT IS UNRELATED TO THIS

08:05:40 PROJECT AND SOMETHING THAT SHOULD BE BROUGHT UP UNDER NEW

08:05:42 BUSINESS OR IS IT SOMETHING RELATED SOMEWHERE THAT COULD

08:05:45 POSSIBLY CREATE AN ISSUE?

08:05:52 >>BILL CARLSON: I JUST WANTED TO THANK -- AM I ALLOWED TO

08:05:55 SAY THANK YOU?

08:05:57 [ LAUGHTER ]

08:05:59 >>JOHN DINGFELDER: LET'S ANNOUNCE THE VOTE.

08:06:02 >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY WITH VIERA




08:06:04 ABSTAINING.

08:06:06 SECOND READING AND ADOPTION WILL BE ON NOVEMBER 7 AT

08:06:08 9:30 A.M.

08:06:11 >>BILL CARLSON: IF YOU LOOK AT THE CITY HOLISTICALLY, THE

08:06:14 DECISION THAT TGH IS MAKING ALSO HELPS DAVIS ISLANDS.

08:06:19 SO I WANTED TO SAY THANK YOU FOR THAT.

08:06:28 >> YOU GOT IT IN THERE ANYWAY.

08:06:30 [ LAUGHTER ]

08:06:31 >>GUIDO MANISCALCO: ALL RIGHT.

08:06:32 WE'LL GO ON TO NUMBER 5.

08:06:37 >>MARY SAMANIEGO: ITEM NUMBER 5 IS REZ 19-67, REZONING

08:06:41 REQUEST AT 3123 AND 3125 WEST OAKELLAR AVENUE FROM RS-50 TO

08:06:47 PLANNED DEVELOPMENT.

08:06:51 >>JOHN DINGFELDER: JUST AS A POINT OF ORDER AND DISCLOSURE,

08:06:56 TWO THINGS, ONE, THE PETITIONER IS LISTED AS MR. MARC

08:07:00 MOBLEY.

08:07:02 SEVERAL YEARS AGO, I HAD A COUPLE OF REAL ESTATE

08:07:05 TRANSACTIONS WITH MR. MOBLEY.

08:07:07 I DO NOT BELIEVE THAT WOULD IMPOSE ANY TYPE OF CONCERN ON MY

08:07:11 PART AS RELATED TO CONFLICT OF INTEREST.

08:07:14 SIMILARLY, I SEE A DOCTOR IN THE AUDIENCE WHO LIVES ON

08:07:21 OAKELLAR AND PROBABLY IS GOING TO BE SPEAKING ON THIS.

08:07:25 HE WAS MY PHYSICIAN ONE TIME.

08:07:27 I'VE ONLY MET HIM ONE TIME.

08:07:29 DOESN'T HAVE ANY IMPACT ON MY ABILITY TO VOTE FAIRLY ON




08:07:32 THIS.

08:07:33 BUT I WANTED TO DISCLOSE BOTH TO --

08:07:36 >>GUIDO MANISCALCO: YOU CAN BE FAIR AND IMPARTIAL?

08:07:38 >>MARTIN SHELBY: AND YOU HAVE NO FINANCIAL STAKE IN THE

08:07:40 OUTCOME OF THIS PARTICULAR PETITION.

08:07:41 >>JOHN DINGFELDER: THAT IS TRUE.

08:07:57 >> DANNY COLLINS OF YOUR PLANNING COMMISSION STAFF.

08:08:01 I'VE BEEN SWORN IN.

08:08:02 SOUTH TAMPA PLANNING DISTRICT AND SPECIFICALLY THE BAYSHORE

08:08:06 BEAUTIFUL NEIGHBORHOOD.

08:08:08 THE SITE IS IN PROXIMITY TO PUBLIC TRANSIT.

08:08:12 A BUS STOP IS LOCATED ON DALE MABRY HIGHWAY AND GANDY

08:08:16 BOULEVARD.

08:08:17 THE CLOSEST PUBLIC RECREATION FACILITY IS THE SOUTH TAMPA

08:08:20 FAMILY YMCA WHICH IS LOCATED APPROXIMATELY 700 YARDS TO THE

08:08:24 NORTHEAST OF THE SUBJECT SITE.

08:08:26 THE SUBJECT SITE IS IN A LEVEL B EVACUATION ZONE.

08:08:29 THIS IS AN AERIAL OF THE SUBJECT SITE.

08:08:34 THE SUBJECT SITE IS SHOWN HERE IN PURPLE, WEST OAKELLAR

08:08:39 AVENUE.

08:08:40 THIS IS SOUTH MacDILL AVENUE, RUNNING NORTH TO SOUTH.

08:08:43 THIS IS WEST FIELDER STREET.

08:08:46 AND THIS IS SOUTH MOUND AVENUE.

08:08:49 THIS IS THE ADOPTED FUTURE LAND USE MAP.

08:08:58 THE SUBJECT SITE IS DESIGNATED RESIDENTIAL 10.




08:09:01 YOU'LL NOTICE RESIDENTIAL 10 SURROUNDS THE SUBJECT SITE ON

08:09:04 ALL SIDES.

08:09:06 IT'S REPRESENTED IN THIS TAN COLOR.

08:09:08 THIS AREA TO THE SOUTH IN PINK, ON THE SOUTH OF YOUR MAP, IS

08:09:13 CMU-35.

08:09:16 THE PLANNING COMMISSION STAFF HAS REVIEWED THE APPLICATION

08:09:19 AND FOUND NO ADVERSE IMPACTS ON THE SURROUNDING

08:09:22 NEIGHBORHOOD.

08:09:23 THIS REQUEST WOULD ALLOW FOR COMPATIBLE DEVELOPMENT WITHIN

08:09:26 AN AREA PLANNED FOR DEVELOPMENT UP TO TEN DWELLING UNITS PER

08:09:29 ACRE.

08:09:29 THE REQUEST FURTHERS MANY OF THE POLICIES IN THE

08:09:32 COMPREHENSIVE PLANS AS IT RELATES TO HOUSING THE CITY'S

08:09:35 POPULATION.

08:09:35 THE TAMPA COMPREHENSIVE PLAN ENCOURAGES THE DEVELOPMENT AND

08:09:40 DIVERSITY OF HOUSING TYPES TO MEET THE NEEDS OF TAMPA'S

08:09:43 PRESENT AND FUTURE POPULATIONS.

08:09:45 BASED ON THOSE CONSIDERATIONS, THE PLANNING COMMISSION STAFF

08:09:48 FINDS THE REQUEST CONSISTENT WITH THE TAMPA COMPREHENSIVE

08:09:50 PLAN.

08:09:50 >>LUIS VIERA: THANK YOU, SIR.

08:09:51 ANY QUESTIONS?

08:09:53 THANK YOU.

08:09:55 >>MARY SAMANIEGO: THANK YOU.

08:09:56 MARY SAMANIEGO, FOR THE RECORD.




08:09:57 I WILL HAND OUT, IF I MAY, A REVISED STAFF REPORT.

08:10:03 MARY SAMANIEGO, FOR THE RECORD.

08:10:15 I'M SORRY.

08:10:19 THIS IS A REZONING REQUEST FOR A TWO-LOT PLANNED

08:10:28 DEVELOPMENT.

08:10:28 LOT SPLIT.

08:10:29 THE PROPERTY IS CURRENTLY ZONED RS-50.

08:10:33 THIS IS A SCENARIO WHERE IT'S TWO HISTORICALLY PLATTED LOTS,

08:10:38 EACH AT 50 FEET WIDE.

08:10:41 HOWEVER, THE DEPTH IS ONLY A LITTLE OVER 90 FEET.

08:10:44 SO, THEREFORE, IF YOU REMEMBER, WE HAD SEVERAL CASES LIKE

08:10:48 THIS LAST MONTH.

08:10:50 THE SMALLEST MINIMUM LOT SIZE IN THE CITY OF TAMPA UNDER THE

08:10:53 STANDARD ZONING DISTRICT IS THE RS-50 ZONING, WHICH THIS

08:10:56 PROPERTY IS.

08:10:57 HAS A 5,000-SQUARE-FOOT MINIMUM LOT SIZE.

08:10:59 BECAUSE THIS PROPERTY, THE PROPOSED LOTS ARE 50, THEY DON'T

08:11:02 HAVE THE PLATTED DEPTH.

08:11:05 INSTEAD OF 100-FOOT DEEP LOT, THEY ARE ONLY A LITTLE OVER

08:11:09 90.

08:11:10 THEREFORE THE ONLY WAY TO SPLIT OR SUBDIVIDE THE PROPERTY

08:11:13 WOULD BE THROUGH A PLANNED DEVELOPMENT APPROVAL WHERE THEY

08:11:15 COULD CREATE THEIR OWN LOT STANDARDS.

08:11:17 OTHER THAN THAT, THEY ARE MEETING ALL OF THE OTHER RS-50

08:11:23 SETBACKS AND STANDARDS.




08:11:25 THEY HAVE ONE CORRECTION TO THE WAIVER TABLE THAT'S LISTED

08:11:28 ON PAGE 1.

08:11:30 AS FAR AS THE REVISED STAFF REPORT, THEY HAD TWO WAIVERS

08:11:33 LISTED.

08:11:34 ONE IS THE REMOVAL OF ONE NON-HAZARDOUS GRAND TREE.

08:11:37 THE SECOND WAIVER THAT THEY HAD REQUESTED, WHICH IS NOW

08:11:40 GOING TO BE ELIMINATED IS TO PAY INTO THE TREE TRUST FUND

08:11:43 FOR MITIGATION AND REQUIRED TREES.

08:11:45 THROUGH THE APPLICANT'S COORDINATION WITH SURROUNDING

08:11:47 PROPERTY OWNERS AS WELL AS STAFF, THE APPLICANT HAS AGREED

08:11:51 TO PUT ALL REQUIRED AND MITIGATION TREES ON THE SITE.

08:11:56 AS REQUIRED BY CODE.

08:11:59 AND THAT'S REFLECTED ON PAGE 3 OF THE NATURAL RESOURCES

08:12:02 COMMENTS.

08:12:02 THOSE COMMENTS AND NOTES TO THAT EFFECT WILL BE ADDED

08:12:05 BETWEEN FIRST AND SECOND READING IF APPROVED.

08:12:10 AND TRANSPORTATION JUST HAD ONE CORRECTION TO SHOW THE

08:12:16 REQUIRED SIDEWALK INSTALLATION ON OAKELLAR.

08:12:20 OTHER THAN THAT, THERE IS ONLY ONE WAIVER BEING REQUESTED

08:12:25 WITH THE CHANGES BETWEEN FIRST AND SECOND READING, THE

08:12:28 DEVELOPMENT REVIEW AND COMPLIANCE STAFF DID FIND THIS

08:12:31 CONSISTENT WITH THE CITY OF TAMPA LAND DEVELOPMENT CODE.

08:12:36 >>LUIS VIERA: ANY QUESTIONS?

08:12:37 APPLICANT?

08:12:42 >> GOOD EVENING, COUNCIL.




08:12:44 STEVE MICHELINI REPRESENTING MARC MOBLEY. AS THE STAFF HAS

08:12:49 POINTED OUT, THEY FOUND THAT THIS PROPOSAL WAS CONSISTENT

08:12:53 WITH BOTH THE PLANNING COMMISSION AS WELL AS THE CITY STAFF

08:12:56 REVIEWS.

08:12:57 WE ARE RESTRICTED BY THE EXISTING PLAT BECAUSE THE LIGHTS

08:13:03 ARE -- LOTS ARE ONLY 90 FEET DEEP BUT THEY ARE 50 FEET WIDE.

08:13:07 SO THE ONLY WAY TO EFFECTIVELY ACCOMPLISH THE REDEVELOPMENT

08:13:10 OF THIS IS TO APPLY FOR A PD.

08:13:14 IN THAT RESPECT, WE ARE MEETING THE RS-50 DEVELOPMENT

08:13:19 GUIDELINES WITH THE SETBACKS BEING THE SAME AS IF YOU WOULD

08:13:21 HAVE AN RS-50 LOT, AND THAT DEVELOPMENT ON THAT LOT.

08:13:25 74.7% OF ALL OF THE PROPERTIES ALONG OAKELLAR ARE ALREADY

08:13:32 50-FOOT LOTS THAT ARE DEVELOPED, IN THAT DEVELOPMENT

08:13:36 PATTERN.

08:13:36 THEY ARE OUTLINED IN RED.

08:13:38 THERE ARE A COUPLE OF THEM THAT ARE STILL SINGLE-FAMILY THAT

08:13:41 ARE LARGER THAN THAT, BUT THEY ALL ARE 90 FEET DEEP.

08:13:46 THIS IS A TYPICAL DEVELOPMENT PATTERN FOR THIS AREA.

08:13:53 WE DO HAVE TO HAVE THE WAIVER FOR THE REMOVAL OF THE GRAND

08:13:58 TREE.

08:13:58 WE HAD ASKED FOR AND RECEIVED THE REVIEW FROM THE CITY STAFF

08:14:04 REGARDING THE PLACEMENT OF THAT TREE.

08:14:06 I'LL SHOW YOU ON THEIR DOCUMENT THAT IT IS RIGHT IN THE

08:14:10 MIDDLE OF THE LOT.

08:14:13 THIS IS THE CITY OF TAMPA REVIEW.




08:14:15 SO YOUR EFFECTIVE REMOVAL OF THAT TREE AND THE COMPLIANCE

08:14:21 WITH THE CURRENT CODE REGARDING THE DENIABLE USE OF THAT

08:14:26 PROPERTY IS CONSISTENT WITH WHAT YOUR CURRENT CODE SAYS.

08:14:29 YOU HAVE A NUMBER OF CRITERIA THAT YOU HAVE TO MEET FOR A

08:14:34 PD, AND YOU HAVE TO ACKNOWLEDGE THE FLEXIBILITY OF THE

08:14:37 DEVELOPMENT PATTERN AND THAT ARE NOT SELF-CREATED HARDSHIPS

08:14:41 BY THE DEVELOPER OR THE PROPERTY OWNER.

08:14:43 IN THIS CASE, THE PLAT WAS ALREADY ESTABLISHED AT 90 FEET,

08:14:47 AND THESE ARE LEGAL NONCONFORMING LOTS AT THAT DEPTH.

08:14:51 SO WE MEET THAT.

08:14:55 WITH RESPECT TO DEVELOPING PATTERN OF HOMES THAT ARE

08:14:58 CONSISTENT WITH THE HOMES IN THE AREA, THESE ARE THE TWO

08:15:03 HOMES THAT ARE PLANNED FOR THOSE TWO PROPERTIES.

08:15:08 THAT ONE AND THAT ONE.

08:15:11 SO THE CRITERIA THAT YOU'RE LOOKING AT IS TO PROMOTE THE

08:15:19 SUFFICIENT AND SUSTAINABLE USE OF THE PROPERTIES.

08:15:21 AND WE BELIEVE THAT WE MEET THAT.

08:15:23 WE ARE COPYING THE BASIC DEVELOPMENT PATTERN THAT ALREADY

08:15:26 EXISTS IN THE AREA.

08:15:28 WE ARE PROPOSING SINGLE-FAMILY HOMES.

08:15:31 IT IS INTEGRATED INTO THE VARIOUS HOUSES ALONG THIS AREA.

08:15:37 I'VE JUST SHOWN YOU PICTURES OF THE TWO HOMES THAT ARE

08:15:40 SIMILAR IN CHARACTER AND NATURE TO WHAT ALREADY EXISTS.

08:15:46 WITH RESPECT TO PROMOTING DESIRABLE LIVING STANDARDS, THIS

08:15:50 IS A SINGLE-FAMILY NEIGHBORHOOD, AND AS I SAID, THE LOTS ARE




08:15:55 ALREADY PLATTED AT 50 FEET.

08:15:56 SO WE'RE NOT PLANNING TO CHANGE THAT.

08:15:58 WE SIMPLY CANNOT MEET THE DEPTH.

08:16:01 THE ADJACENT PROPERTY OWNERS ON THE OTHER SIDE ARE ALSO AT

08:16:04 90 FEET.

08:16:04 SO THERE'S NO PLACE TO GO WITH RESPECT TO MAKING THE LOTS

08:16:09 ANY DEEPER.

08:16:10 IN TERMS OF THE ARCHITECTURAL FEATURES AND DEVELOPMENT OF

08:16:14 THIS PROJECT, THEY ARE SIMILAR IN NATURE OF SIZE, SCALE, AND

08:16:17 SCOPE OF OTHER PROPERTIES IMMEDIATELY ADJACENT TO THIS AND

08:16:20 UP AND DOWN THE STREET.

08:16:22 PROMOTE THE RETENTION OF HOMES WHERE IT'S APPLICABLE.

08:16:28 IN THIS CASE, THIS AREA IS UNDERGOING A LOT OF PRESSURE FOR

08:16:32 REDEVELOPMENT, AND WE BELIEVE THAT WE HAVE A CONSISTENT

08:16:35 DEVELOPMENT PLAN THAT ENHANCES AND IMPROVES THE

08:16:39 NEIGHBORHOOD.

08:16:39 YOU MIGHT RECALL THAT WHEN A NEW HOME GOES IN, THEY HAVE TO

08:16:44 UPGRADE THE WATER LINES AND THE SEWER LINES IF THEY ARE OVER

08:16:47 CAPACITY -- OR UNDER CAPACITY TO SERVICE ANY OF THE

08:16:50 RESIDENTIAL AREAS.

08:16:51 WE ALSO HAVE TO INSTALL NEW SIDEWALKS.

08:16:55 SO IF THERE'S ANY DEFICIENCY THAT'S DISCOVERED DURING THE

08:16:58 PERMITTING PROCESS, WE HAVE TO PAID FOR THAT OUT OF THE

08:17:04 DEVELOPMENT SIDE AND NOT THE CITY SIDE.

08:17:06 WE BELIEVE THAT THE WAIVER THAT WE ARE REQUESTING IS IN




08:17:08 HARMONY WITH THE CODE.

08:17:10 AS I POINTED OUT, IT'S PART OF THE NEW CODE PROVISION.

08:17:13 THERE'S NO WAY TO RECONFIGURE THE HOMES IN A MANNER THAT

08:17:17 WOULD SAVE THAT TREE.

08:17:19 UNFORTUNATELY, IT'S RIGHT IN THE MIDDLE OF THE LOT.

08:17:21 SO I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

08:17:25 IT DOES NOT ADVERSELY IMPACT OR CAUSE AN ADVERSE CONDITION

08:17:29 FOR ANY OTHER ADJACENT PROPERTY OWNER AS THEY ARE IN SIMILAR

08:17:32 CONDITIONS THAT WE'RE IN.

08:17:33 I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE, AND

08:17:38 I'LL RESERVE ANY TIME THAT I NEED FOR REBUTTAL.

08:17:41 >>LUIS VIERA: ANY QUESTIONS FOR THE APPLICANT BY COUNCIL?

08:17:44 THANK YOU, SIR.

08:17:45 OKAY.

08:17:45 IS ANYBODY HERE FROM THE PUBLIC HERE TO COMMENT ON ITEM

08:17:48 NUMBER 5?

08:17:49 GO AHEAD, SIR.

08:17:52 >> BOB WHITMORE, HAWTHORNE ROAD.

08:18:03 I WANT TO TAKE THE TIME TO THANK THE COUNCIL FOR MEETING ON

08:18:05 THIS.

08:18:06 IT'S A CREDIT TO OUR CITY THAT WE ACTUALLY DISCUSS TREES.

08:18:10 LET ME BE CLEAR, THIS IS ABOUT A TREE, A TREE THAT SITS IN

08:18:14 THIS PROPERTY.

08:18:15 IT'S A MAGNIFICENT EXAMPLE OF OUR GRAND OAKS THAT WE LOVE IN

08:18:18 TAMPA.




08:18:19 THE REAL IRONY HERE, OF COURSE, IS THAT THE VERY REASON

08:18:23 PROPERTY VALUES ARE SO HIGH IN SOUTH TAMPA IS BECAUSE OF THE

08:18:26 TREES.

08:18:27 INDEPENDENT STUDIES HAVE SHOWN 5 TO 15 PERCENT INCREASE IN

08:18:30 PROPERTY VALUE ON HOMES IN TREE-LINED STREETS, AND THAT'S

08:18:35 VERY OBVIOUS IN SOUTH TAMPA.

08:18:38 THE DEVELOPER IN QUESTION WANTS ALL THE BENEFIT OF A

08:18:40 TREE-LINED STREET WITHOUT THE BENEFITS OF THE TREE.

08:18:44 THERE ARE SO MANY BENEFITS TO TREES.

08:18:46 THIS TREE OVER THE COURSE OF ONE SEASON WILL HELP REMOVE

08:18:49 OVER 11,000 GALLONS OF STORMWATER FROM OUR STREETS.

08:18:53 THIS TREE WILL IN ONE SEASON REMOVE 47 POUNDS OF CO2 FROM

08:18:58 THE AIR AND CONVERT IT TO ENOUGH OXYGEN FOR THREE CHILDREN.

08:19:02 THIS TREE WILL HELP SIGNIFICANTLY DECREASE WIND SPEEDS

08:19:06 DURING STORMS, AFFECTING A DISTANCE TEN TIMES ITS HEIGHT.

08:19:10 THIS TREE WILL HAVE A COOLING EFFECT OF 15 ROOM-SIZED

08:19:14 AIR-CONDITIONERS RUNNING 24/7 ALL SEASON LONG, NONSTOP.

08:19:19 I COULD GO ON IF I HAD TIME, TALK ABOUT THE RETURN ON

08:19:22 INVESTMENT IN TREES FOR COMMUNITIES, THE PRESERVATION OF

08:19:25 HABITAT FOR WILDLIFE THAT MAKES IT -- THAT LIVES IN THE

08:19:30 TREES AND TAMPA'S ROLE AS A LEADER IN URBAN FOREST

08:19:34 PRESERVATION.

08:19:35 BUT I'VE BEEN IN FRONT OF BOARDS BEFORE, MOST NOTABLY THE

08:19:39 VARIANCE BOARD.

08:19:40 I KNOW RIGHT NOW ALL WE CARE ABOUT IS REASONABLE USE.




08:19:45 SO I WILL CONCLUDE ON THIS NOTE.

08:19:48 IT IS NOT REASONABLE TO CUT DOWN THIS TREE AND THROW UP TWO

08:19:51 MONOLITHIC BUILDINGS ON THIS PROPERTY TO APPEASE THE GREED

08:19:56 OF A BUILDER AT THE EXPENSE OF THE CITIZENS THAT LIVE ON THE

08:19:58 STREET.

08:19:59 IT IS NOT REASONABLE TO REMOVE ALL THE BENEFITS OF THIS TREE

08:20:01 FOR TWO BUILDINGS THAT DOLLAR FOR DOLLAR WILL GIVE BACK SO

08:20:05 MUCH LESS TO THE COMMUNITY.

08:20:06 IT IS NOT REASONABLE TO CHANGE THE CHARACTER OF THIS

08:20:09 NEIGHBORHOOD AND STEAL FROM THE FAMILIES ON THAT STREET BY

08:20:12 REMOVING SUCH A BEAUTIFUL, VALUABLE, EFFECTIVE TREE.

08:20:17 THESE TREES ARE ENVIRONMENTAL WORK HORSES, AND WE NEED TO

08:20:21 PROTECT THEM.

08:20:22 ALSO, FOR THE CHARACTER AND THE MARKETABILITY OF SOUTH

08:20:26 TAMPA.

08:20:27 WE HAVE TO AS A COMMUNITY BEGIN TO AGREE THAT THE REMOVAL OF

08:20:30 A TREE LIKE THIS IS IN ITSELF ALWAYS UNREASONABLE.

08:20:34 I'VE BEEN IN FRONT OF THIS BOARD BEFORE.

08:20:37 BOARDS LIKE THIS, AND I'VE ALWAYS BEEN TOO LATE TO SAVE A

08:20:41 TREE.

08:20:42 I'VE NEVER BEEN ABLE TO SAY THIS BEFORE AND I WILL SAY IT

08:20:45 NOW.

08:20:45 YOU CANNOT BUILD THESE PROJECTS ON THIS PROPERTY BECAUSE

08:20:50 THERE IS A GRAND OAK THERE AND IT IS PROTECTED.

08:20:53 THANK YOU.




08:20:58 >>CHARLIE MIRANDA: I UNDERSTAND ABOUT TREES AND I'M ALL FOR

08:21:00 TREES.

08:21:00 BUT WHEN YOU HAVE A PIECE OF PROPERTY, THE TREE IS IN THE

08:21:03 MIDDLE OF IT, EVEN IF THIS WAS NOT DIVIDED, WHERE WOULD YOU

08:21:06 PUT THE HOUSE?

08:21:08 OR ARE YOU GOING TO LEAVE THE LOT EMPTY?

08:21:10 >> NO, YOU WILL BUILD ON SMALLER FOOTPRINTS ON THIS

08:21:13 PROPERTY.

08:21:13 YOU DON'T NEED TO PUT THOSE KIND OF MASSIVE BUILDINGS.

08:21:16 >>CHARLIE MIRANDA: I'M THINKING THAT THE LOT IS 100 BY 90.

08:21:20 THE TREE FROM WHAT I SAW IS IN THE MIDDLE BETWEEN THIS 50

08:21:23 AND THIS 50, AM I CORRECT OR WRONG?

08:21:25 >> YOU ARE CORRECT.

08:21:26 IT'S OFF TO THE SIDE JUST A LITTLE BIT.

08:21:29 >>CHARLIE MIRANDA: WHATEVER, TWO FEET OR FIVE FEET OR TEN

08:21:30 FEET --

08:21:31 >> WELL, MORE THAN THAT.

08:21:32 >>CHARLIE MIRANDA: WHAT TYPE OF HOME DO YOU BUILD THAT'S NOT

08:21:35 IN TUNE WITH THE NEIGHBORHOOD THERE?

08:21:37 >> A SMALL HOME WITH A REALLY BEAUTIFUL TREE.

08:21:40 >>CHARLIE MIRANDA: WHO IS GOING TO LIVE IN A SMALL HOME,

08:21:43 JUST A WIFE AND HUSBAND, NO KIDS?

08:21:45 >> YOU CAN BUILD HOMES WITH CHARACTER, MR. MIRANDA.

08:21:49 >>CHARLIE MIRANDA: I APOLOGIZE --

08:21:51 >> THAT'S OKAY.




08:21:52 I'VE BEEN PUT ON THE SPOT BEFORE BY THE TREE BOARD.

08:21:56 >>LUIS VIERA: SIR, THANK YOU VERY MUCH.

08:21:57 WE APPRECIATE IT.

08:21:59 COUNCILMAN DINGFELDER.

08:22:00 >>JOHN DINGFELDER: I APOLOGIZE.

08:22:02 I HAD TO STEP OUT FOR A SECOND AND MAYBE THIS WAS ALREADY

08:22:07 SHOWN.

08:22:08 BUT DOES THE GENTLEMAN HAVE THE SITE PLAN?

08:22:12 THE GENTLEMAN WHO JUST SPOKE.

08:22:27 TO A CERTAIN EXTENT THIS IS IN RESPONSE TO MR. MIRANDA'S

08:22:30 QUESTION, BUT IT'S IN RESPONSE TO MINE AS WELL BECAUSE I

08:22:32 NEED TO KNOW EXACTLY WHERE THE TREE IS.

08:22:34 MR. MICHELINI PUT IT UP.

08:22:40 I SEE ON THE SITE PLAN IT SAYS 47-INCH TREE THAT'S RIGHT

08:22:44 NEXT TO THE RIGHT-HAND GARAGE.

08:22:47 >> THERE IS, FROM WHAT I SEE -- I'M NOT AN ARCHITECT.

08:22:50 I DON'T SEE THE TREE ON THIS DIAGRAM.

08:22:54 >>JOHN DINGFELDER: MR. SHELBY, DO YOU SEE THE GARAGE?

08:22:57 THIS SAYS 47 INCHES BY THE GARAGE.

08:23:07 THE OTHER GARAGE.

08:23:09 >>MARTIN SHELBY: THIS ONE OVER HERE.

08:23:10 >>JOHN DINGFELDER: ALL RIGHT.

08:23:11 MARY.

08:23:13 >>MARY SAMANIEGO: I DO KNOW WHERE THE TREE IS.

08:23:16 SIR, I'M AWARE OF WHERE THE TREE IS.




08:23:19 IT'S RIGHT ON THE SITE PLAN.

08:23:21 THIS IS THE LISTED TREE, 47 INCHES.

08:23:24 IT HAS AN X ON IT SHOWING TO BE REMOVED.

08:23:27 >> IT CERTAINLY ISN'T IN THE MIDDLE.

08:23:30 >>JOHN DINGFELDER: RIGHT.

08:23:33 SO IT APPEARS IT'S HALFWAY ON ONE OF THE -- HALFWAY ON ONE

08:23:37 OF THE LOTS.

08:23:39 IT'S NOT, QUOTE, IN THE MIDDLE.

08:23:41 IT'S IN THE MIDDLE OF ONE OF THE TWO LOTS.

08:23:43 SO DO WE HAVE A TREE PERSON HERE FROM THE CITY?

08:23:46 SIR, I'M DONE WITH YOU.

08:23:48 THANK YOU.

08:23:50 >>MARY SAMANIEGO: NO, WE DO NOT.

08:23:51 >>JOHN DINGFELDER: DO WE HAVE PICTURES OF THE TREE?

08:23:54 IF YOU ALREADY SHOWED THEM, I APOLOGIZE.

08:24:03 >>MARY SAMANIEGO: THIS IS A PICTURE OF THE VACANT PROPERTY

08:24:04 FROM THE ROAD.

08:24:07 >>JOHN DINGFELDER: WHERE IS THAT TAKEN FROM?

08:24:09 >>MARY SAMANIEGO: THE ROADWAY.

08:24:11 >>JOHN DINGFELDER: FROM OAKELLAR?

08:24:13 >>MARY SAMANIEGO: YES, SIR.

08:24:14 >>JOHN DINGFELDER: HAS THE TREE BEEN GRADED BY OUR ARBORIST.

08:24:17 >>MARY SAMANIEGO: YES, SIR.

08:24:19 IT HAS BEEN EVALUATED.

08:24:20 IT'S GONE THROUGH THE TREE EVALUATION PROCESS.




08:24:22 THE TREE TABLE IS ON THE SITE PLAN.

08:24:25 IT HAS BEEN DETERMINED TO BE A NON-HAZARDOUS GRAND OAK.

08:24:29 >>JOHN DINGFELDER: RIGHT.

08:24:30 DO WE HAVE THOSE GRADES ASSOCIATED WITH IT, LIKE AN A-PLUS

08:24:34 OR A-7 OR WHATEVER THOSE NUMBERS ARE?

08:24:37 >>MARY SAMANIEGO: YES.

08:24:38 IT IS ALL LISTED IN THE -- ON THE SITE PLAN.

08:24:42 >>JOHN DINGFELDER: I CAN'T READ THAT.

08:24:47 >>LUIS VIERA: NO, MA'AM, I'M SORRY.

08:24:49 NO.

08:24:49 NOT UNTIL PUBLIC COMMENT.

08:24:55 >>MARY SAMANIEGO: I CAN'T DIFFERENTIATE THE EXACT GRADING

08:24:58 BASED ON THE NEW TREE CODE AT THIS TIME.

08:25:01 IT HAS BEEN DETERMINED TO BE NON-HAZARDOUS.

08:25:04 >>JOHN DINGFELDER: HAS STAFF MADE A DETERMINATION THAT THE

08:25:09 HOUSE THAT'S BEING -- THE HOUSE THAT'S BEING PROPOSED ON LOT

08:25:15 23, OBVIOUSLY, THE HOUSE BEING PROPOSED ON LOT 24 IS WHERE

08:25:20 THE TREE IS.

08:25:21 SO IF YOU WERE GOING TO SAVE THE TREE, YOU COULDN'T BUILD

08:25:25 THAT HOUSE ON LOT 24.

08:25:27 BUT ON LOT 23, IF YOU COULD POINT TO IT, MARY, ON LOT 23,

08:25:32 HAS STAFF DETERMINED THAT WE COULD OR COULD NOT BUILD A

08:25:36 HOUSE ON THAT FOOTPRINT BY ITSELF?

08:25:41 >>MARY SAMANIEGO: THE NATURAL RESOURCES DEPARTMENT HAS

08:25:44 EVALUATED THE APPLICATION WITH THE CREATION OF THE TWO LOTS




08:25:49 IN CONJUNCTION WITH THE REMOVAL OF THE TREE AND THEY FOUND

08:25:52 THIS CONSISTENT.

08:25:52 >>JOHN DINGFELDER: RIGHT.

08:25:53 THAT'S WITH THE PRESUMPTION THAT THE TREE WOULD BE REMOVED.

08:25:56 MY QUESTION IS, HAS ANYBODY EVALUATED THOSE BRANCHES.

08:26:00 SOMETIMES YOU HAVE THESE HUGE BRANCHES THAT EXTEND OVER BOTH

08:26:04 OF THOSE FOOTPRINTS.

08:26:06 DO WE HAVE THAT INFORMATION IN FRONT OF US IN TERMS OF THOSE

08:26:09 BRANCHES, DO THOSE BRANCHES INTRUDE OVER ON THE LOT 23

08:26:14 HOUSE?

08:26:15 >>MARY SAMANIEGO: THAT INFORMATION IS NOT ON THE SITE PLAN.

08:26:19 >>JOHN DINGFELDER: SO WE DO OR DON'T KNOW IF THAT'S BEEN

08:26:22 EVALUATED.

08:26:23 >>MARY SAMANIEGO: THAT HAS BEEN EVALUATED.

08:26:26 BUT THE INFORMATION IS NOT REQUIRED TO BE ON THE SITE PLAN.

08:26:29 SO I DON'T -- I CAN'T ILLUSTRATE FOR YOU AT THIS TIME

08:26:32 EXACTLY THE PARAMETERS OF WHERE THE DRIP LINE WILL FALL ON

08:26:37 THIS APPLICATION.

08:26:40 THAT DOES NOT SHOW THE DRIP LINE.

08:26:44 >> NO BUT IT SHOWS THE LIMBS.

08:26:46 >>JOHN DINGFELDER: THIS IS NOT FAULTING YOU, BUT IS THERE A

08:26:48 REASON WE DON'T HAVE A TREE PERSON HERE TONIGHT?

08:26:51 >>MARY SAMANIEGO: TYPICALLY IT'S NOT STANDARD PROTOCOL FOR

08:26:54 NATURAL RESOURCES TO COME TO CITY COUNCIL EVENING MEETINGS.

08:26:57 >>JOHN DINGFELDER: FOR A PD THAT INCLUDES THE REMOVAL OF A




08:27:00 NON-PROTECTED GRAND TREE -- I MEAN, A PROTECTED GRAND TREE,

08:27:03 NON-HAZARDOUS?

08:27:05 I THINK WE NEED TO REVISIT THAT PROCEDURE.

08:27:08 THANK YOU, MR. CHAIRMAN.

08:27:08 >>LUIS VIERA: YES, SIR.

08:27:09 THANK YOU.

08:27:10 THANK YOU, MA'AM.

08:27:11 COUNCILMAN CARLSON.

08:27:13 >>BILL CARLSON: THE GENTLEMAN FROM THE PUBLIC THAT SPOKE.

08:27:18 SORRY TO MAKE YOU GET UP ONE MORE TIME.

08:27:21 WHEN YOU SPOKE EARLIER ON THE OTHER MATTER, I THINK YOU

08:27:23 TALKED ABOUT YOUR CREDENTIALS.

08:27:25 DO YOU HAVE, FOR THE RECORD, DO YOU HAVE ANY SPECIFIC

08:27:27 CREDENTIALS RELATED TO TREES THAT YOU COULD TELL US ABOUT?

08:27:30 IT SOUNDS YOU KNOW A LOT ABOUT THEM.

08:27:32 >> I AM THE EXECUTIVE DIRECTOR OF CITY TREE, WHICH IS A

08:27:35 CITIZENS' ACTION GROUP.

08:27:37 IT'S A SMALL, SMALL GROUP THAT'S FORMING TO HELP PROTECT

08:27:41 TREES.

08:27:41 I'VE BEEN IN FRONT OF THE TREE BOARD MANY, MANY TIMES.

08:27:47 >>BILL CARLSON: ANY OTHER CREDENTIALS THAT YOU WANT TO TELL

08:27:49 US?

08:27:50 >> NO, SIR.

08:27:51 >>BILL CARLSON: FOR THE RECORD, THE LAWYERS ARE TELLING US

08:27:54 WE SHOULD ALWAYS ASK FOR CREDENTIALS.




08:27:57 THANK YOU.

08:27:57 >>LUIS VIERA: COUNCILMAN GUDES.

08:27:59 >>ORLANDO GUDES: SO THAT TABLE DOES NOT INDICATE ANYTHING

08:28:02 ABOUT THOSE BRANCHES LEANING OUT, THOSE LIMBS --

08:28:09 >>LUIS VIERA: ARE YOU ASKING MARY?

08:28:11 >>ORLANDO GUDES: YES, MARY.

08:28:12 >>MARY SAMANIEGO: SORRY, SIR.

08:28:13 WHAT WAS THE QUESTION?

08:28:15 >>ORLANDO GUDES: ON THE TABLE ON THE DIAGRAM, IT DOES NOT

08:28:18 INDICATE ANYTHING ABOUT THOSE LIMBS OR ANYTHING OR THE WHOLE

08:28:23 STEM OF THE TREE.

08:28:24 HOW DO WE KNOW HOW IT GRADES OUT?

08:28:27 DO WE KNOW OR SOMETHING ONLY NATURAL RESOURCES CAN TELL US?

08:28:30 >>MARY SAMANIEGO: NO, SIR, IT DOES NOT DIFFERENTIATE HOW THE

08:28:38 -- THE DIAMETER OF THE BRANCHES THAT I SEE.

08:28:50 >>ORLANDO GUDES: THAT WOULD BE FINE, MARY.

08:28:51 THANK YOU.

08:28:52 >>LUIS VIERA: THANK YOU.

08:28:52 ANYONE ELSE?

08:28:53 OKAY.

08:28:54 NEXT, GO AHEAD.

08:28:59 >> GOOD EVENING, COUNCILMEN.

08:29:01 RICK NELSON.

08:29:02 3135 WEST OAKELLAR AVENUE, JUST A FEW HOUSES DOWN FROM THE

08:29:07 SUBJECT PROPERTY.




08:29:08 I'VE LIVED IN TAMPA MOST OF MY ADULT LIFE.

08:29:11 I RAISED MY KIDS HERE AND MY WIFE AND I LIVED IN NEW TAMPA

08:29:15 AND WE JUST MOVED TO SOUTH TAMPA ABOUT A YEAR AGO. A BIG

08:29:19 REASON FOR OUR MOVE TO SOUTH TAMPA WAS LOGISTICS, BUT IT

08:29:22 ALSO HAD TO DO WITH ITS CHARM AND BEAUTY WHICH IS IN NO

08:29:27 SMALL PART DUE TO THE GRAND OAKS THAT ARE EXEMPLIFIED IN THE

08:29:30 AREA.

08:29:31 I HAVE THREE OF THESE GRAND OAKS IN MY NEIGHBORHOOD ALONE OR

08:29:35 MY PROPERTY ALONE, AND IT'S ONE OF THE BIG REASONS WE BOUGHT

08:29:38 THIS PROPERTY.

08:29:39 BUT JUST IN THE LAST COUPLE OF YEARS, AS I'VE BEEN LOOKING

08:29:42 FOR HOUSES AND LIVING IN SOUTH AM AT THAT, I STARTED TO SEE

08:29:45 MORE AND MORE BUILDERS BUYING ONE LOT AND THEN SUBDIVIDING

08:29:50 IT.

08:29:50 IN SOME CASES, THREE, FOUR HOUSES DOWN, SUBDIVIDE IT INTO

08:29:55 THREE LOTS OUT OF ONE LOT.

08:29:57 I'M SEEING THAT IN THE BACK OF MY HOUSE AS WELL.

08:30:00 THAT'S ONE OF THE REASONS I'M HERE TONIGHT.

08:30:02 I'M NOT AGAINST PROGRESS.

08:30:03 I'M NOT A TREE HUGGER.

08:30:05 I KNOW DEVELOPERS LIKE MOBLEY ARE IN THE BUSINESS OF MAKING

08:30:08 MONEY.

08:30:09 BUT WHEN DOES IT CROSS THE LINE AT THE EXPENSE OF THE BEAUTY

08:30:13 OF TAMPA AND ITS RESIDENTS IN INTERESTS OF WHICH ALL OF YOU

08:30:19 ARE HERE SWORN TO PROTECT.




08:30:20 YOU'VE HEARD THAT THIS GRAND OAK IS AN ASSET TO OUR CITY AND

08:30:26 NEIGHBORHOOD AND DOESN'T HAVE TO BE CUT DOWN.

08:30:28 THERE ARE OTHER OPTIONS.

08:30:29 THE PERSON THAT WILL SPEAK AFTER ME WILL SHOW YOU TO YOUR

08:30:32 QUESTION, COUNCILMAN DINGFELDER, ABOUT WHERE IT'S LOCATED,

08:30:39 THERE IS AN OPTION.

08:30:40 COUNCILMAN MIRANDA, YOU COULD PUT THAT GRAND OAK IN A

08:30:42 PERFECTLY GOOD COURTYARD WITH A HOUSE NEXT TO IT.

08:30:46 MY NEIGHBOR IS 91.

08:30:49 HE'S A WIDOW, RETIRED ADVERTISING EXECUTIVE AND NOW AN

08:30:53 ARTIST.

08:30:53 I SEE HIM OCCASIONALLY WALKING AROUND THE NEIGHBORHOOD WITH

08:30:56 HIS CELL PHONE TAKING PICTURES OF GRAND OAKS THAT HE PAINTS.

08:31:02 HIS PAINTINGS HAVE BEEN PUBLISHED.

08:31:04 THIS IS THE FIRST TIME THAT I'VE TAKEN THE TIME TO COME TO A

08:31:08 MEETING LIKE THIS AND LET MY VOICE BE HEARD.

08:31:12 I HOPE THAT SAYS SOMETHING THAT I AND THE REST OF THE

08:31:16 RESIDENTS YOU WILL HEAR FROM, HOW THEY FEEL ABOUT OAKELLAR

08:31:21 AVENUE AND SURROUNDING STREETS.

08:31:22 DON'T APPROVE THIS REQUEST TO DESTROY A PERFECTLY HEALTHY

08:31:26 100-YEAR-OLD TREE FOR THE SAKE OF SIMPLE GREED.

08:31:29 THANK YOU FOR YOUR TIME.

08:31:30 >>LUIS VIERA: NEXT, PLEASE.

08:31:37 >> I HAVE HANDOUTS FOR COUNCIL.

08:31:56 >>LUIS VIERA: THANK YOU, MR. CREW.




08:31:57 WE APPRECIATE THAT.

08:31:58 GO AHEAD, SIR.

08:32:01 >> MY NAME IS DR. GILMAN TYLER.

08:32:03 I LIVE AT 3115 WEST OAKELLAR.

08:32:10 I HAVE BEEN SWORN.

08:32:12 PLEASE NOTIFY ME OF ANY FOLLOW-UP ACTIONS ON REZ 19-67.

08:32:17 I LIVE ON THE PROPERTY THAT IS DIRECTLY TO THE EAST OF THE

08:32:22 TWO LOTS THAT ARE IN QUESTION.

08:32:24 THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK HONORABLE

08:32:28 COUNCIL.

08:32:28 THIS PD WILL CREATE TWO NONCONFORMING LOTS THAT DO NOT MEET

08:32:33 THE CRITERIA FOR RS 50 AND ALLOW BUILDING OF THE LARGEST

08:32:38 HOUSES THAT THE LOTS CAN ACCOMMODATE.

08:32:41 THIS WILL ALSO NECESSITATE THE REMOVAL OF THREE TREES, ONE

08:32:46 OF WHICH IS A GRAND LIVE OAK.

08:32:47 THIS TREE PROVIDES CONSIDERABLE SHADE AND POWER SAVINGS FOR

08:32:52 MY PROPERTY TO THE EAST.

08:32:55 BEFORE YOU IS A CERTIFIED ARBORIST REPORT THAT I

08:33:03 COMMISSIONED, AND I WOULD LIKE TO TURN YOUR ATTENTION TO

08:33:07 PAGE 4 FIRST, AND YOU CAN SEE THE OPINION BRIEFLY STATED

08:33:11 THIS TREE IS HEALTHY, NOT A DANGER TO ANY SURROUNDING

08:33:15 PROPERTIES, AND NO DISEASE FACTORS AT ALL.

08:33:18 I WOULD ALSO TURN YOUR ATTENTION TO PAGE 3 ON THAT REPORT

08:33:26 AND MAKE YOU UNDERSTAND THAT THE SIZE OF THIS TREE IS

08:33:29 CONSIDERABLE.




08:33:30 IT IS A 48-INCH DIAMETER TREE.

08:33:33 ONE OTHER THING I'D LIKE YOU TO SEE ON PAGE 3, THE

08:33:37 PHOTOGRAPHS OF THE PROPERTY, THE WEEDS ON THIS PROPERTY HAVE

08:33:41 GROWN UP TO FIVE TO SIX FEET AND THE PROPERTY HAS BEEN

08:33:44 UNKEPT FOR ALMOST TWO YEARS, DESPITE TWO DIFFERENT

08:33:47 COMPLAINTS TO THE CITY TO CLEAN UP THE PROPERTY, THEY'VE

08:33:50 BEEN UNRESPONSIVE.

08:33:51 REMOVAL OF THIS TREE WILL HAVE OBVIOUSLY A NEGATIVE IMPACT

08:33:57 ON THE NEIGHBORHOOD.

08:33:57 THOSE ISSUES HAVE ALREADY BEEN STATED HERE.

08:34:00 NOT TO MENTION DECREASED PROPERTY VALUES AND SPECIFICALLY

08:34:04 WATER DRAINAGE.

08:34:05 I'M PARTICULARLY CONCERNED ABOUT WATER DRAINAGE ISSUES ON MY

08:34:09 PROPERTY IMMEDIATELY ADJACENT, BUT PRIMARILY, THE BEAUTY OF

08:34:14 THE TREE IS SIGNIFICANT.

08:34:16 AND THESE THINGS ARE ALL CONFIRMED AS FACT BY THE 2016 TREE

08:34:19 CANOPY AND URBAN FOREST ANALYSIS FOR THIS CITY.

08:34:23 ALSO, REMOVAL OF THIS TREE AND PLACEMENT OF A LARGE

08:34:28 TWO-STORY HOME WILL HAVE A SIGNIFICANT NEGATIVE IMPACT ON MY

08:34:35 PRIVACY, PARTICULARLY ON MY POOL AREA IN THE BACK OF MY

08:34:41 HOME.

08:34:41 I WOULD LIKE TO TURN YOUR ATTENTION TO THIS DRAWING.

08:34:52 THIS AREA THAT'S CIRCLED IS DESCRIBED AS A TWO-STORY MASONRY

08:34:57 BUILDING.

08:34:57 THAT IS MY GARAGE.




08:34:58 THAT IS INCORRECT.

08:34:59 MY GARAGE IS ONE STORY, NOT TWO STORIES.

08:35:02 AND THAT'S SIGNIFICANT, BECAUSE THE HOUSE THAT'S BEING

08:35:07 PROPOSED THERE, AND IF YOU'LL TURN TO THE NEXT PAGE, THESE

08:35:13 ARE THE ELEVATIONS OF THAT HOME.

08:35:16 THIS IS THE EAST ELEVATION OF THE HOUSE THAT'S BEING

08:35:22 PROPOSED THERE, AND THERE ARE WINDOWS IN THE BACK THAT WILL

08:35:25 DIRECTLY INFLUENCE THE PRIVACY OF MY POOL DECK.

08:35:28 I WOULD PROPOSE THAT IF THIS PASSES, I WOULD ASK THAT THEY

08:35:37 CONFORM TO THIS DIAGRAM HERE THAT DOES NOT ALLOW WINDOWS IN

08:35:40 THE BACK ON THE EAST ELEVATION OVERLOOKING MY POOL.

08:35:44 IN CONCLUSION, I ASK THAT YOU DENY THIS REQUEST FOR REZONING

08:35:52 AND TREE REMOVAL.

08:35:53 HOWEVER, IF IT IS APPROVED, I WOULD ASK THAT YOU CONSIDER A

08:35:56 FEW STIPULATIONS THAT WILL LESSEN THE IMPACT AND MINIMIZE

08:36:00 THE DISRUPTION ON MY NEIGHBORHOOD AND MY PROPERTY.

08:36:02 I WOULD SUGGEST --

08:36:04 >>LUIS VIERA: WE'LL GIVE YOU 20 SECONDS.

08:36:06 GO AHEAD, SIR.

08:36:06 >> I WOULD SUGGEST ADDITIONAL TREES BEING PLANTED ON THE

08:36:09 PROPERTY, PREFERABLY FIVE-INCH CALIPER SHADE TREES, AND I

08:36:14 WOULD ALSO REQUEST THAT THESE WINDOW ASSIGNMENTS ON THE EAST

08:36:19 ELEVATION OF THE HOUSE CLOSEST TO ME NOT ALLOW A WINDOW ON

08:36:22 THE SECOND FLOOR WITHIN 12 FEET OF THE REAR OF THE HOME.

08:36:26 THANK YOU VERY MUCH.




08:36:26 I APPRECIATE YOUR CONCERN.

08:36:28 >>LUIS VIERA: THANK YOU FOR YOUR TIME.

08:36:30 NEXT, PLEASE.

08:36:54 >> HONORABLE COUNCIL, I'M CYNTHIA DUNCAN, TAMPA, FLORIDA.

08:36:59 PLEASE NOTIFY ME OF ANY SUBSEQUENT ACTIONS ON THIS REZ.

08:37:03 I AM A LAWYER, A MEMBER OF THE FLORIDA BAR.

08:37:05 I AM A YOUNG LAWYER.

08:37:08 ONLY BEEN IN PRACTICE A SHORT TIME.

08:37:10 I'M ALSO AN ENGINEER.

08:37:11 CONDUCTED DOZENS IF NOT HUNDREDS OF SITE SURVEYS.

08:37:13 USUALLY COMMUNICATION DISHES FOR THE MILITARY, NOT TREES.

08:37:17 BUT I'M FAMILIAR WITH SURVEYS.

08:37:19 I'VE ALSO WORKED WITH THE CITY THE PAST YEAR AND A HALF ON

08:37:22 TREE CODE SO I'M FAMILIAR WITH THE TREE CODE.

08:37:24 THIS IS FROM THE URBAN TREE REPORT THAT WAS DONE 2016.

08:37:28 MOST OF YOU HAVE SEEN IT.

08:37:29 I JUST WANT TO PUT IT UP.

08:37:31 THE TREE CANOPY AFFECTS A 500-FOOT SURROUND.

08:37:36 TO REMOVE TREES IT AFFECTS THE VALUES OF THE PROPERTIES IN A

08:37:39 500-FOOT SURROUND, MORE SO THAN THE PROPERTY IT IS ON.

08:37:43 THESE TREES PROVIDE SIGNIFICANT SAVINGS, ALMOST 8.5 MILLION

08:37:49 IN ENERGY FOR RESIDENTIAL HOMES AS MR. TYLER STATED, AND

08:37:54 AVOIDED RUNOFF.

08:37:55 I KNOW THE CITY SPENDS PLENTY OF MONEY ON STORMWATER.

08:37:59 THESE TREES ABSORB THAT WATER BEFORE IT HITS THE GROUND.




08:38:02 BUT I'M NOT HERE TO ASK YOU TO DENY THIS REZ.

08:38:07 I THINK YOU SHOULD APPROVE THIS REZ.

08:38:09 BECAUSE THE TREE IS LOCATED IN THE CENTER OF THE TREE

08:38:12 REMOVAL ZONE, WHICH IS IN THE CURRENT CITY CODE.

08:38:16 SO WHETHER YOU BUILD ONE LARGER HOUSE THE SIZE THAT CAN BE

08:38:19 BUILT ON THE TWO LOTS OR TWO SMALLER HOMES ON THE TWO LOTS,

08:38:24 THAT GRAND TREE, 47 INCHES, I HATE TO SAY IT, IT'S SMACK IN

08:38:28 THE MIDDLE OF THE TREE REMOVAL ZONE FOR TWO SMALL HOUSES OR

08:38:32 ONE LARGER HOUSE.

08:38:33 EVEN THE SMALLER OAK ON THE WEST SIDE IS WITHIN THE TREE

08:38:37 REMOVAL ZONE.

08:38:38 SO ALL THEY'D HAVE TO DO IS GO TO THE CITY, NO VRB UNDER THE

08:38:44 NEW ORDINANCE, AND THE TREE WOULD BE REMOVED.

08:38:46 IT'S UNFORTUNATE.

08:38:47 HOWEVER, IT DOES IMPACT THE NEIGHBORHOOD, SO IT ASKS THAT

08:38:51 YOU GRANT MR. TYLER THE SMALL CONCESSIONS HE'S ASKED FOR.

08:38:55 NO WINDOWS ON THE EAST SIDE OF HIS HOUSE TOWARD THE REAR

08:38:59 OVERLOOKING HIS POOL.

08:39:00 PLANT TREES.

08:39:01 I WORKED WITH BRIAN KNOX AND MS. SAMANIEGO, THANK YOU VERY

08:39:04 MUCH, BEFORE THIS MEETING TO TRY TO RESOLVE SOME OF THE

08:39:08 ISSUES.

08:39:08 I WAS LIKE YOU'RE GOING TO TAKE DOWN THREE TREES AND PLANT

08:39:11 ZERO.

08:39:12 THE BUILDER WAS VERY GRACIOUS, THE APPLICANT TO SAY HEY,




08:39:16 WE'LL PLANT TREES.

08:39:17 WE HAVE THE TREE TRUST FUND, BUT RATHER THAN HAVE THEM WRITE

08:39:19 A CHECK FOR $8700, GIVE OR TAKE, WHATEVER THE AMOUNT IS FOR

08:39:23 29 TREES, I DON'T KNOW IF THEY CAN PLANT 29 TREES ON THAT

08:39:26 LOT.

08:39:26 SO I KIND OF WONDER ABOUT THAT.

08:39:28 MR. KNOX AND I LOOKED AND THERE'S PROBABLY ROOM TO REPLACE

08:39:31 ONE OF THE TYPE 1 SHADE TREES.

08:39:33 IT NEEDS TO BE ON THE LOT OR WITHIN A 500-FOOT SURROUND.

08:39:37 THOSE ARE THE PEOPLE MOST AFFECTED.

08:39:38 THIS IS THE PICTURE FROM YOUR STAFF REPORT.

08:39:45 YOU CAN SEE IT'S WOODED NOW.

08:39:47 A YEAR FROM NOW IT'S NOT GOING TO LOOK LIKE THAT.

08:39:50 WHAT CAN WE DO TO IMPROVE TAMPA'S RESILIENCY, WE CAN PLANT

08:39:55 TREES IN PLACES THEY WILL THRIVE.

08:39:57 UNFORTUNATELY, THIS GRAND OAK IS NOT IN THE RIGHT PLACE.

08:40:01 THANK YOU VERY MUCH.

08:40:02 >>CHARLIE MIRANDA: THAT'S WHY I BROUGHT IT UP, BECAUSE I

08:40:06 WORKED WITH SOME OF YOU ON THE TREE ORDINANCE, WITH THE TREE

08:40:09 HUGGERS AND TREE SOMETHING, SAY SOMETHING, AND ALL GROUPS

08:40:13 GOT TOGETHER, INCLUDING THOSE WHO MAKE MONEY.

08:40:15 YOU KNOW WHAT?

08:40:16 EVERYBODY HAS GOT TO MAKE MONEY.

08:40:18 I'M NOT A PRO DEVELOPER, NOT ANTI-DEVELOPER, NOT TREE

08:40:22 HUGGER.




08:40:22 I CALL THEM AS I SEE THEM.

08:40:24 I MAY BE RIGHT AND I MAY BE WRONG.

08:40:26 IF I REMEMBER THAT ORDINANCE, EXACTLY THE TREE, IF IT'S IN

08:40:34 SOME PROXIMITY OF THE MIDDLE OF THE HOUSE AND THE TREE

08:40:37 CANNOT BE -- IT WAS 20 FEET, I THINK SAID 50 FEET ON THE

08:40:41 OUTSIDE PART OF THE HOUSE THAT THE TREE CAN STAY.

08:40:44 I THINK THEY WANTED 10 AND WE SETTLED ON 15, IF I RECALL.

08:40:48 I MAY BE WRONG.

08:40:49 >> THAT'S ABOUT MOVING THE HOUSES TO SAVE THE TREES.

08:40:52 THIS TREE IS WITHIN THE TREE REMOVAL ZONE.

08:40:55 YOU CAN'T MOVE EITHER ONE BIG HOUSE OR TWO SMALL HOUSES

08:40:59 ENOUGH TO SAVE EITHER OF THESE TREES.

08:41:01 IT'S NOT REASONABLE.

08:41:02 >>CHARLIE MIRANDA: THAT'S WHY I BROUGHT THAT UP.

08:41:04 I UNDERSTAND THE DOCTOR'S PLEA.

08:41:07 HE WANTS PRIVACY.

08:41:07 I UNDERSTAND THAT.

08:41:08 AND WE WORK ON THAT.

08:41:11 WHEN YOU SEE WHAT HAPPENED IN THE AMAZON WITH 20% OF THE

08:41:14 OXYGEN IS GONE, THAT'S WHAT HAPPENED.

08:41:16 I DON'T WANT THAT TO HAPPEN HERE.

08:41:18 IT'S GOING TO HAPPEN BECAUSE IT'S 20% OF THE WORLD'S OXYGEN,

08:41:22 NOT OURS.

08:41:23 I DON'T KNOW HOW MANY DRIVE A HYBRID AND HOW MANY DRIVE AN

08:41:26 ELECTRIC CAR.




08:41:30 WELL, I'D HAVE BOTH OF THEM.

08:41:33 I'D TRY TO SAVE THE ENVIRONMENT.

08:41:34 I DON'T HAVE GRASS.

08:41:35 I HAVE ROCKS AT MY HOUSE.

08:41:37 MAYBE IN MY HEAD.

08:41:38 WHO KNOWS.

08:41:39 BUT IT IS WHAT IT IS.

08:41:41 THAT'S HOW YOU'VE GOT TO LOOK AT IT.

08:41:43 THANK YOU.

08:41:45 >>LUIS VIERA: YES, SIR.

08:41:46 THANK YOU.

08:41:47 COUNCILMAN DINGFELDER.

08:41:48 >>JOHN DINGFELDER: I FOLLOWED -- I FOLLOWED THE ADOPTION OF

08:41:52 THAT ORDINANCE FROM AFAR.

08:41:54 I WAS NOT HERE WHEN YOU ALL PUT IT TOGETHER.

08:41:56 I THOUGHT IT SEEMED LIKE A FAIR COMPROMISE AND COMPROMISE IS

08:41:59 A GOOD THING.

08:42:01 HOWEVER, AND I'LL LET LEGAL COUNSEL, CATE OR MARTY CORRECT

08:42:06 ME IF I'M WRONG.

08:42:08 I THOUGHT WHAT THE ORDINANCE SAYS IS IN REGARD TO BUILDABLE

08:42:11 LOTS, APPROVE BUILDABLE LOTS, THAT IF YOU HAVE A GRAND TREE

08:42:15 IN THE MIDDLE OF AN APPROVED BUILDABLE LOT, THEN AS A LATER

08:42:20 OF RIGHT YOU COULD HAVE THAT REMOVED.

08:42:25 THAT'S NOT THE CASE HERE.

08:42:27 THIS IS NOT AN APPROVED BUILDABLE LOT FOR TWO HOMES.




08:42:33 >> RIGHT, THIS LOT WOULD HAVE TO BE LESS THAN 75 FEET WIDE,

08:42:36 I BELIEVE, TO MEET THE TRZ CRITERIA.

08:42:38 THIS ONE IS 100 FEET WIDE AT THIS TIME.

08:42:42 >>JOHN DINGFELDER: THE BOTTOM LINE IS, MY POINT EARLIER IS

08:42:44 IF WE LOOK AT THE SITE PLAN AND WE LOOK AT THE PROPOSED HOME

08:42:44 ON LOT 23, WE HAVEN'T HEARD ANY EVIDENCE WHATSOEVER THAT

08:42:52 THIS TREE INTRUDES OVER ONTO THAT PARCEL.

08:42:57 YOU TESTIFIED TO IT, BUT I DON'T KNOW THAT YOU HAVE

08:42:59 ARBORISTS CREDENTIALS.

08:43:04 YOU HAVE IMPRESSIVE CREDENTIALS AND EVERYTHING ELSE.

08:43:07 >> IF YOU CAN READ THE SMALL TABLE, THE DIAMETER IS 90 FEET,

08:43:12 SHORTEST DIAMETER AND LONGER DIAMETER ARE 90 FEET.

08:43:16 >>JOHN DINGFELDER: I HAVEN'T HEARD THAT FROM ANY EXPERT.

08:43:18 >> IT'S VERY HARD TO READ THE SMALL CHART.

08:43:20 >>JOHN DINGFELDER: I ASKED MARY THAT, AND, FRANKLY, I THINK

08:43:23 WE'RE OPERATING SORT OF IN A VACUUM BECAUSE WE DO NOT HAVE A

08:43:26 CITY ARBORIST HERE.

08:43:27 SO I THINK WE'RE SORT OF SHOOTING IN THE DARK IN REGARD TO

08:43:31 THIS TREE.

08:43:31 BUT I WANTED TO POINT OUT, UNLESS CATE OR MARTY WANT TO JUMP

08:43:36 UP AND CORRECT ME, THAT THAT CODE SPEAKS TO PROTECTING A

08:43:40 TREE ON AN APPROVED BUILDABLE LOT.

08:43:43 AND THAT SECOND HOUSE ON LOT 24 HAS NOT BEEN APPROVED

08:43:49 BUILDABLE LOCATION.

08:43:51 THAT'S WHY WE'RE HERE, BECAUSE IT'S NOT APPROVED.




08:43:57 ANYWAY, I JUST WANTED TO CLARIFY THAT.

08:44:00 THANK YOU, MA'AM.

08:44:01 APPRECIATE ALL THE TIME YOU PUT INTO IT.

08:44:04 >>LUIS VIERA: OKAY.

08:44:05 REBUTTAL?

08:44:07 CLOSING?

08:44:09 >>STEVE MICHELINI: YOU'VE ASKED A QUESTION ABOUT THE --

08:44:11 >>LUIS VIERA: NAME, PLEASE.

08:44:12 >> STEVE MICHELINI ON BEHALF OF MOBLEY.

08:44:16 THIS IS THE DIAGRAM THAT THE CITY PREPARED.

08:44:20 THIS IS FROM THEIR ARBORIST, AND THESE LINES THAT YOU SEE

08:44:23 GOING OUT HERE ARE THE LIMB SPREADS.

08:44:25 THIS IS THE CENTER OF THE DOUBLE LOT.

08:44:28 THIS IS WHERE THAT TREE IS LOCATED.

08:44:30 AND THEY'RE SHOWING THAT THIS GOES OUT 60 FEET ON ONE SIDE,

08:44:35 AND THEN I CAN'T READ THE DIMENSION HERE, BUT THIS IS A

08:44:38 47-INCH OAK.

08:44:39 IT SHOWS ANOTHER LIMB GOING OUT THIS WAY, AND TO THE POINT

08:44:44 YOU HAVE ANOTHER ONE COMING OUT 37 FEET, YOU HAVE A 20-FOOT

08:44:49 PROTECTIVE RADIUS AROUND THAT TREE.

08:44:52 SO YOU NOT ONLY HAVE THE LIMBS THAT ARE IN CONFLICT, BUT YOU

08:44:55 ALSO HAVE THE PROTECTIVE RADIUS.

08:44:58 THERE ISN'T MUCH YOU CAN BUILD HERE WITHOUT THAT TREE BEING

08:45:00 REMOVED.

08:45:01 NOW, THE CODE ALSO TALKS ABOUT REASONABLE RESTORATION OF THE




08:45:04 TREE CANOPY, WHICH WE'VE COMMITTED TO.

08:45:07 WE'VE COMMITTED TO PUTTING THE TREES BACK ON THE PROPERTY.

08:45:10 AND THEY TALK ABOUT RESTORING THE CANOPY FOR THE LONGER TERM

08:45:13 AND THE RIGHT TREE IN THE RIGHT LOCATION.

08:45:15 THE TREES WILL BE IN THE CORRECT LOCATION.

08:45:18 ONE OF THE COMMENTS WAS, YOU'RE CREATING A NONCONFORMING

08:45:23 LOT.

08:45:23 WELL, YOU'RE NOT.

08:45:24 WE'RE TAKING NONCONFORMING LOTS AND WE'RE MAKING THEM

08:45:27 CONFORMING.

08:45:28 AND IT DOESN'T MATTER, IF YOU HAVE A SINGLE HOUSE OR TWO

08:45:32 HOUSES, THE TREE WILL HAVE TO GO.

08:45:35 YOU CANNOT PROTECT THE TREE AND DEVELOP THE PROPERTY,

08:45:38 WHETHER IT'S ONE HOUSE OR TWO.

08:45:39 YOU ALSO TALKED ABOUT DRAINAGE AND A VARIETY OF OTHER THINGS

08:45:45 THAT WE HAVE TO MEET THE CODE.

08:45:47 WE CANNOT DUMP WATER ON SOMEBODY ELSE'S PROPERTY.

08:45:50 WE CAN'T REMOVE WINDOWS ON A SECOND FLOOR BECAUSE SOMEBODY

08:45:54 SAYS YOU'RE GOING TO BE LOOKING INTO MY BACKYARD.

08:45:57 A WINDOW IS REQUIRED BY CODE FROM THE FIRE DEPARTMENT.

08:46:00 YOU HAVE TO HAVE A WINDOW IN A BEDROOM.

08:46:03 THAT'S THE CODE.

08:46:04 YOU CAN'T JUST SAY, WELL, I DON'T WANT IT.

08:46:06 WE HAVE TO REPLACE THE TREES INCH FOR INCH.

08:46:12 THERE'S NO WAIVER OF THAT, AND WE TALKED ABOUT IS THERE IS A




08:46:17 REASONABLE REQUEST FOR A DEVELOPMENT ON LOTS THAT ARE

08:46:20 SIMILAR SIZE THROUGHOUT THIS WHOLE AREA.

08:46:22 THE ANSWER IS, YES.

08:46:24 WHAT I'D -- WOULD I LIKE TO PROTECT THE TREE AND SAVE IT, IF

08:46:29 WE COULD?

08:46:29 ABSOLUTELY.

08:46:30 WE CAN'T.

08:46:30 IT'S IN THE MIDDLE OF THE LOT.

08:46:32 AS I SAID, THIS IS IN YOUR REPORT.

08:46:36 THIS STAFF REPORT HAS THE ARBORIST REPORT WITH THE LIMB

08:46:39 SPREAD.

08:46:39 THIS FITS THE CODE THAT YOU'VE ADOPTED AND THREE OF THE

08:46:43 COUNCIL MEMBERS, WE WORKED ON THIS DAY AFTER DAY FOR MONTH

08:46:47 AFTER MONTH.

08:46:48 WE MET IN PRIVATE HOMES TO ADDRESS THIS VERY ISSUE.

08:46:51 WHEN CAN YOU TAKE OUT A TREE WHEN IT'S REASONABLE TO DEVELOP

08:46:55 A PROPERTY?

08:46:55 THIS FITS THE CRITERIA A TO Z.

08:46:59 THIS IS NOT AN EXCEPTION.

08:47:01 WE DIDN'T PLANT IT THERE.

08:47:03 I'M SORRY THAT IT'S IN THE MIDDLE.

08:47:06 IT'S GREAT THAT SOMEBODY WANTS YOU TO DEVELOP A SMALLER

08:47:09 PROPERTY BECAUSE IT'S NOT THEIR PROPERTY.

08:47:11 WHERE DO YOU PUT IT?

08:47:12 I SHOWED YOU THE LIMB SPREAD.




08:47:15 WHERE DO YOU PUT THE HOUSE WITH THE PROTECTED RADIUS AND THE

08:47:18 LIMBS THAT ARE THERE?

08:47:19 WE NEVER SAID THE TREE WASN'T HAZARDOUS.

08:47:24 WE SAID IT WAS A NON-HAZARDOUS TREE.

08:47:27 WE'RE REQUESTING REMOVAL IN ORDER TO GO FORWARD WITH THIS

08:47:30 PROJECT.

08:47:30 IT IS A REASONABLE REQUEST.

08:47:32 WE'VE MET THE CODE.

08:47:33 YOU HAD NO OBJECTIONS FROM ANY OF THE STAFF MEMBERS AND, IN

08:47:36 FACT, NATURAL RESOURCES SAID THEY FOUND IT CONSISTENT AND

08:47:39 DID NOT OBJECT AS LONG AS WE PUT THE NOTES ON THERE THAT WE

08:47:42 WERE PLANTING THE TREES BACK ON THE SITE.

08:47:45 WE'VE DONE THAT.

08:47:46 I TALKED TO NATURAL RESOURCES EARLIER THIS AFTERNOON, AND I

08:47:51 SAID, ARE YOU GOING TO SHOW UP?

08:47:53 NO REASON TO COME BECAUSE WE FOUND IT CONSISTENT AS LONG AS

08:47:56 YOU ADD THE NOTE.

08:47:57 AND WE'RE COMMITTING TO ADDING THE NOTE BETWEEN FIRST AND

08:47:59 SECOND READING SHOULD WE BE APPROVED THIS EVENING.

08:48:03 I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

08:48:05 WHEN WE SAY WE HAVE TO MEET THE CODE, WE HAVE TO.

08:48:10 THERE AREN'T WAIVERS.

08:48:11 THE ONLY WAIVER BEING REQUESTED IS FOR THE REMOVAL OF THE

08:48:14 GRAND TREE, AND WE DON'T HAVE ANY CONTROL OVER THAT.

08:48:17 WE FOUGHT THROUGH THIS ISSUE.




08:48:22 CAN TELL YOU THAT WE HAD SOME VERY ACTIVE DISCUSSIONS ABOUT

08:48:27 THE CODE AND WHERE IT WAS GOING.

08:48:31 WE HAD THE SAME MEETINGS ONE ON ONE WITH YOU AS COUNCIL

08:48:34 MEMBERS.

08:48:35 AND THIS IS WHAT THE CODE SAYS YOU CAN DO.

08:48:37 SO WE RESPECTFULLY REQUESTING THAT YOU FOLLOW WHAT WE CALL

08:48:41 AGREED TO.

08:48:42 WE WEREN'T ALL HAPPY ABOUT ALL THE RESULTS BUT WE WENT AWAY

08:48:46 WITH A COMPROMISE AND WE SAID, OKAY, THIS IS WHAT WE HAVE,

08:48:49 THIS IS WHERE WE'RE GOING AND WE AGREE.

08:48:52 I WOULD RESPECTFULLY REQUEST YOUR APPROVAL.

08:48:55 AS I SAID, IT'S BEEN FOUND CONSISTENT BY ALL OF THE AGENCIES

08:48:58 INCLUDING NATURAL RESOURCES.

08:48:59 I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

08:49:02 >>LUIS VIERA: THANK YOU, SIR.

08:49:03 ANY QUESTIONS FROM COUNCIL?

08:49:08 >>CHARLIE MIRANDA: THE GENTLEMAN SPOKE WAS A DOCTOR ABOUT

08:49:10 THE VIEW, AND WHAT KIND OF TREES ARE PLANTED THERE, TO SOLVE

08:49:21 THAT PROBLEM.

08:49:21 >> WELL, I'M NOT A BIG FAN OF LAUREL OAKS BUT LAUREL OAKS

08:49:28 GROW FASTER THAN LIVE OAKS.

08:49:29 WE HAVE TO MATCH WHAT'S ON THE CITY LIST OF COMPATIBLE

08:49:34 TREES.

08:49:35 WE CAN COMMIT TO WHATEVER KIND OF TREE THE COUNCIL WOULD

08:49:38 LIKE US TO HAVE AS LONG AS IT'S ON THE TREE MATRIX.




08:49:43 COULD BE LIVE OAK.

08:49:43 IT COULD BE BAMBOO DOESN'T COUNT.

08:49:46 PALM TREES DON'T SCREEN.

08:49:48 >>CHARLIE MIRANDA: EXCUSE ME.

08:49:51 BAMBOO I KNOW DOESN'T COUNT.

08:49:54 THAT WOULD SOLVE THE PROBLEM -- I GUESS.

08:49:56 I DON'T LIVE NEXT DOOR BUT I CAN TELL YOU I HAVE SEEN HOUSES

08:49:59 ON JULIA AND MacDILL WHERE YOU COULD SEE HOUSE TO HOUSE,

08:50:04 AND THEY PLANTED BAMBOO.

08:50:06 YOU CAN'T SEE ANYTHING.

08:50:07 >>STEVE MICHELINI: I BELIEVE RECENTLY COUNCIL HEAVY A

08:50:11 PETITION THAT BAMBOO VERY QUICKLY AS A SCREEN BETWEEN HOMES.

08:50:16 WE DON'T HAVE ANY PROBLEM.

08:50:17 >>CHARLIE MIRANDA: YOU STILL HAVE TO REPLACE THAT TREE INCH

08:50:20 FOR INCH.

08:50:20 >>STEVE MICHELINI: BAMBOO DOESN'T COUNT AS A REPLACEMENT SO

08:50:24 WE CAN USE THAT AS A HEDGE OR A BUFFER BETWEEN PROPERTY

08:50:27 LINES.

08:50:32 WE WOULD BE HAPPY TO DO THAT ON THE REAR SIDE WHERE HIS

08:50:36 PROPERTY -- WHERE HE'S CONCERNED ABOUT HIS POOL.

08:50:38 >>JOHN DINGFELDER: ONE QUICK QUESTION, AND THEN I HAVE A

08:50:50 STATEMENT.

08:50:51 MR. MICHELINI, ON THE SITE PLAN IT SAYS VACANT LOT FOR BOTH

08:50:57 OF THESE, BOTH OF THESE FOOTPRINTS.

08:51:01 HAS THIS ALWAYS BEEN VACANT OR WAS THERE A HOUSE THERE




08:51:04 BEFORE?

08:51:05 >>STEVE MICHELINI: I DON'T KNOW.

08:51:06 I KNOW THAT MARK MOBLEY TOLD ME THAT THEY HAVE HAD THREE OR

08:51:10 FOUR CONTRACTS WALK AWAY BECAUSE OF THAT TREE.

08:51:13 >>JOHN DINGFELDER: THAT WASN'T THE QUESTION.

08:51:15 >>STEVE MICHELINI: I'M JUST ANSWERING YOUR QUESTION.

08:51:17 I DON'T KNOW.

08:51:18 >>JOHN DINGFELDER: IF YOU DON'T KNOW, THAT'S FINE.

08:51:22 THANK YOU.

08:51:23 MR. CHAIR, HERE IS MY CONCERN.

08:51:25 WE HAVE ONE TREE REPORT FROM ONE EXPERT.

08:51:27 THANK YOU, MR. MICHELINI.

08:51:29 WE HAVE ONE TREE REPORT FROM ONE EXPERT THAT'S BEEN PROVIDED

08:51:31 BY MR. POWER LIVES NEXT DOOR, PAUL CLIFF, A CERTIFIED

08:51:38 ARBORIST.

08:51:39 HE SAYS THIS IS A VERY VALUABLE TREE.

08:51:43 HE SAYS IT'S THRIVING, IT'S FINE.

08:51:46 THAT'S CONSISTENT WITH OUR STAFF.

08:51:48 THE STAFF THAT'S HERE.

08:51:50 THE ONLY OTHER TESTIMONY OFFERED IS MR. MICHELINI'S WHO

08:51:56 FLASHED UP SOME SCRIBBLE FROM THE STAFF REPORT --

08:52:01 >>STEVE MICHELINI: MICKEY OBJECT TO THAT.

08:52:03 IT'S NOT SCRIBBLE.

08:52:04 IT'S A CITY REPORT.

08:52:06 >>JOHN DINGFELDER: I CAN CHARACTERIZE IT AS SCRIBBLE AND I




08:52:08 WAS SAYING IT'S SCRIBBLE FROM OUR STAFF, OKAY.

08:52:11 I'M NOT SAYING IT'S YOUR SCRIBBLE.

08:52:14 >>LUIS VIERA: AND WE'LL GIVE YOU TIME FOR REBUTTAL.

08:52:17 >>JOHN DINGFELDER: MY CONCERN IS THIS, AND I HAVE HAD THIS

08:52:19 CONCERN SINCE WE OPENED THIS HEARING.

08:52:20 WE DON'T HAVE OUR STAFF TO TELL US HOW THESE LIMBS ARE

08:52:23 SPREADING IN REGARD TO LOT 23.

08:52:25 OKAY?

08:52:26 THE CODE DOES NOT SAY THAT WE HAVE TO PROTECT LOT 24.

08:52:30 IT'S NOT WHAT THE CODE SAYS.

08:52:31 ALL RIGHT.

08:52:32 THERE'S BEEN ARGUMENT THAT THAT'S WHAT THE CODE SAYS BUT

08:52:35 THAT'S NOT WHAT THE CODE SAYS.

08:52:37 I BELIEVE WHAT THE CODE SAYS AND WHAT THE CONSTITUTION SAYS

08:52:40 IS THAT WE HAVE TO PROVIDE REASONABLE BENEFICIAL USE FOR

08:52:43 THIS PROPERTY.

08:52:44 REASONABLE BENEFICIAL USE COULD BE ONE HOUSE.

08:52:48 OKAY.

08:52:49 I WOULD LIKE US TO CONTINUE THIS CASE TO ALLOW OUR VERY

08:52:56 COMPETENT ARBORIST STAFF TO COME HERE AND TALK TO US ABOUT

08:52:59 THOSE LIMBS THAT PROTRUDE -- AND I DON'T EVEN KNOW WHAT

08:53:04 DIRECTION THAT IS -- OVER TOWARD LOT 23.

08:53:06 IF THEY TELL US THAT THOSE LIMBS CAN'T BE PRUNED AND MR.

08:53:10 MICHELINI KNOWS THIS, YOU HAVE HAD NUMEROUS CONVERSATIONS

08:53:13 WITH DAVE RILEY OVER THE YEARS WHERE YOU HAVE ASKED HIM, CAN




08:53:16 WE PRUNE THIS, CAN WE PRUNE THAT?

08:53:19 MR. MOBLEY DOES THAT REGULARLY WITH CITY STAFF.

08:53:21 CAN WE PRUNE IT?

08:53:22 OKAY.

08:53:23 THAT'S THE QUESTION I WOULD LIKE TO ASK CITY STAFF.

08:53:26 CAN WE LEAVE THAT TREE, THAT 47-INCH GRAND TREE, AND IF

08:53:31 POSSIBLE MAYBE PRUNE IT AS IT PROTRUDES OUT THERE TOWARD LOT

08:53:35 23?

08:53:36 THEY CAN BUILD ONE BIG HOUSE, BECAUSE MR. MOBLEY DOESN'T

08:53:39 BUILD SMALL HOUSES, ONE BIG HOUSE THERE ON LOT 23.

08:53:42 THAT'S REASONABLE BENEFICIAL USE FOR THIS PARCEL.

08:53:45 BUT I NEED THAT INFORMATION AND I'M SORRY WE DON'T HAVE IT

08:53:48 HERE TONIGHT.

08:53:49 WITH THAT, I WOULD TO CONTINUE SPECIFICALLY AND NARROWLY SO

08:53:55 WE CAN GET THAT ADDITIONAL INFORMATION.

08:53:57 >>LUIS VIERA: AND WE'LL LET COUNCIL MEMBERS SPEAK ON THAT

08:53:59 AND HAVE MR. MICHELINI SPEAK FOR ONE MINUTE.

08:54:02 COUNCILMAN GUDES.

08:54:04 >>ORLANDO GUDES: THAT'S KIND OF WHERE I WAS GOING.

08:54:05 I WAS GOING TO ASK MR. SHELBY FOR AN OPINION SINCE WE HAVE

08:54:08 LACK OF INFORMATION FROM OUR STAFF.

08:54:11 AND I HAD QUESTIONS ABOUT THE LIMB AS WELL.

08:54:16 WOULD IT BE PROPER FOR PETITIONER OR THIS BODY TO GO AHEAD

08:54:19 AND ASK FOR A STAFF REPORT ON THIS ISSUE?

08:54:23 >>MARTIN SHELBY: MR. MICHELINI, DO YOU HAVE ANY OBJECTION




08:54:29 IF THERE'S A REQUEST FOR CONTINUANCE FOR PURPOSE OF AN

08:54:33 EXPERT TO TESTIFY?

08:54:34 >>STEVE MICHELINI: YOU ASKED FOR COMPETENT AND SUBSTANTIAL

08:54:36 EVIDENCE BEING PUT ON THE RECORD.

08:54:37 THE CITY STAFF HAS DONE THAT.

08:54:39 THEY FOUND IT CONSISTENT.

08:54:41 AND YOU HAVE THE GRAND TREE EVALUATION REPORT.

08:54:43 I DIDN'T EVER ARGUE THAT IT WASN'T A NONHAZARDOUS TREE.

08:54:48 I NEVER HAD SAID THAT.

08:54:49 WE AGREE THAT IT IS A NONHAZARDOUS TREE.

08:54:53 IT LIES IN THE MIDDLE OF THE DEVELOPMENT AREA, WHETHER YOU

08:54:57 HAVE ONE LOT OR TWO LOTS OF DEVELOPMENT.

08:55:00 IT'S IN THE MIDDLE.

08:55:02 SO, I MEAN, I WOULD PREFER THAT YOU REFER BACK TO THE CITY

08:55:06 STAFF REPORT AND LOOK AT IT.

08:55:09 I MEAN, I DIDN'T MAKE THIS UP.

08:55:11 WHETHER IT'S SCRIBBLE OR NOT, THIS IS WHAT THEY DO.

08:55:15 AND I TALKED TO BRIAN KNOX ABOUT THIS THIS AFTERNOON AND HE

08:55:19 TOLD ME, CITY STAFF WOULD ADDRESS IT IF THE QUESTIONS CAME

08:55:23 UP REGARDING THE TREE, AND THAT THEY WOULD BE, YOU KNOW,

08:55:26 COMPETENT ENOUGH TO TALK ABOUT IT, AND I THINK THEY HAVE.

08:55:31 >>ORLANDO GUDES: MR. MICHELINI, I RESPECT WHAT YOU ARE

08:55:32 SAYING.

08:55:33 AND I WOULD AGREE YOU HAVE SOMETHING FROM THE STAFF, BUT IT

08:55:36 DOESN'T SEEM ADEQUATE ENOUGH FOR SOMEONE TO MAKE A DECISION




08:55:41 TONIGHT.

08:55:43 I DON'T KNOW WHAT THOSE THINGS MEAN.

08:55:45 I DON'T KNOW WHAT A-8 OR B.

08:55:49 I DON'T KNOW THAT.

08:55:50 AGAIN I RESPECT YOU HIGHLY.

08:55:51 AND I JUST THINK THAT I AM LOOKING FOR STAFF, AND THERE'S A

08:55:58 TREE ISSUE HERE TONIGHT.

08:55:59 I THINK STAFF SHOULD HAVE BEEN HERE TO BE ABLE TO TALK ABOUT

08:56:02 THEIR REPORT.

08:56:02 SO AGAIN I WOULD ASK TO SHOW ME, WHAT IS OUR LEGAL RIGHT AS

08:56:08 A BOARD TO ASK FOR A CONTINUANCE REFERENCE OUR STAFF THAT WE

08:56:12 FEEL DIDN'T DO A COMPLETE JOB IN EVALUATING THIS FOR US?

08:56:15 >>MARTIN SHELBY: I WOULD SUSPECT -- WELL, YOU HAVE TWO

08:56:19 COURSES OF ACTION.

08:56:19 NUMBER ONE, IF YOU WISH TO MOVE THIS FORWARD TO A SECOND

08:56:23 READING AND HAVE THEM PRESENT AT SECOND READING YOU CAN MAKE

08:56:26 YOUR DECISION TONIGHT CONTINGENT ON STAFF BEING HERE AT

08:56:29 SECOND READING.

08:56:30 OR IF COUNCIL FEELS VERY STRONGLY THEY WISH TO HAVE ALL

08:56:32 THEIR QUESTIONS ANSWERS BEFORE A MOTION IS PUT ON THE FLOOR,

08:56:35 THEN IF YOU FEEL THAT YOU DON'T HAVE SUFFICIENT EVIDENCE AS

08:56:38 PROVIDED IN STAFF REPORT, MY RECOMMENDATION WOULD BE TO

08:56:41 GRANT THE CONTINUANCE, UNLESS THERE'S AN OBJECTION FROM MR.

08:56:45 MICHELINI.

08:56:48 >>LUIS VIERA: OKAY.




08:56:48 COUNCILMAN MIRANDA.

08:56:49 >>CHARLIE MIRANDA: I'M SURE THERE WILL BE OBJECTIONS

08:56:51 SOMEWHERE BY SOMEBODY ELSE IN THE FUTURE.

08:56:54 IF THIS HAPPENS ONE TIME IT'S GOING TO HAPPEN AGAIN. THIS

08:56:56 ORDINANCE WAS PASSED AND IT TOOK TWO YEARS TO PASS IT IF I

08:57:00 RECALL.

08:57:02 IT WAS FOR TWO YEARS.

08:57:03 NOT TWO DAYS, NOT TWO MONTHS.

08:57:05 ALMOST TWO YEARS.

08:57:08 PEOPLE IN THIS AUDIENCE WORKED ON IT.

08:57:11 THERE'S THREE COUNCIL MEMBERS THAT WORKED ON IT.

08:57:13 NO ONE WAS HAPPY.

08:57:16 NO ONE OF THE PARTIES WERE HAPPY.

08:57:19 IT WORKED OUT.

08:57:20 WHEN NO ONE IS HAPPY, YOU COME OUT PRETTY GOOD.

08:57:23 WHEN EVERYBODY IS HAPPY, THERE'S SOMETHING WRONG.

08:57:26 SO WHEN I LOOK AT THESE THINGS, I'M NOT OPPOSED TO MR.

08:57:29 DINGFELDER -- IT'S WANT TO SETTLE IT FOR ALL FOR THE FUTURE

08:57:34 WHEN THIS IS DONE.

08:57:35 BUT IF WE ARE GOING TO HAVE THIS, THEN WE HAVE TO ASK THE

08:57:37 ADMINISTRATION TO MAKE SURE THAT THE THREE PEOPLE HERE, ARE

08:57:42 AT EVERY CITY COUNCIL MEETING BECAUSE IT'S GOING TO COME UP.

08:57:45 UNLESS THERE'S ONE WITH NO TREES, BUILD THE HOUSE ON THE

08:57:49 PAVEMENT OR SOMETHING.

08:57:50 BECAUSE IT'S GOING TO COME UP.




08:57:52 AND I WANT TO RESOLVE IT FOR THE FUTURE, TO BE THERE IN

08:57:57 STONE.

08:57:58 SO THAT'S WHY I AM GOING TO SUPPORT MR. DINGFELDER'S MOTION.

08:58:01 WHEN YOU SAY THAT I DON'T EVER RECALL ANY ORDINANCE THAT

08:58:07 SAYS WHAT A BUILDABLE LOT IS.

08:58:10 MY VOTE, THE WAY I THINK, IT TAKES THE OTHER SIX COUNCIL

08:58:16 MEMBERS, IF I SEE A BLOCK THAT IS 35, 40%, I DO NOT VOTE FOR

08:58:21 SPLITTING A LOT.

08:58:21 THIS, WHAT I HEARD IN THE RECORD, WAS 72.5%.

08:58:26 MAYBE THE RECORD IS NOT CLEAN.

08:58:28 THAT'S WHAT I HEARD.

08:58:28 I DON'T KNOW WHAT THE OTHER COUNCIL MEMBERS HEARD.

08:58:31 THANK YOU.

08:58:31 >>LUIS VIERA: YES, SIR.

08:58:33 >>MARTIN SHELBY: MY RECOMMENDATION WOULD BE CONSIDERING

08:58:37 COUNCIL HAS EXPRESSED ITS CONCERNS VERY CLEARLY AS TO A NEW

08:58:40 ORDINANCE, AS TO INTERPRETATION, AS TO HAVING THE NEED FOR

08:58:44 AN EXPERT TO BE PRESENT TO ALLOW YOU TO BE ADVISED, AND YOU

08:58:49 DON'T HAVE THAT OPPORTUNITY TONIGHT, IT'S COUNCIL'S PLEASURE

08:58:52 WHAT YOU WISH TO HAVE DONE.

08:58:54 >>LUIS VIERA: OKAY.

08:58:57 COUNCILMAN CARLSON.

08:58:59 >>BILL CARLSON: ESPECIALLY SINCE LEGAL HAS STEPPED UP, CAN

08:59:01 YOU PLEASE LET US KNOW, IS THE NEW ORDINANCE IN EFFECT AND

08:59:04 DOES THIS ADHERE TO THE NEW ORDINANCE? OR NOT?




08:59:08 AND IF IT DIDN'T, WHY DID IT COME BEFORE US?

08:59:14 >>CATE WELLS: THE NEW ORDINANCE IS IN EFFECT AND FRANKLY, I

08:59:17 WOULDN'T ATTEMPT TO SUMMARIZE HOW THAT ORDINANCE APPLIES

08:59:19 HERE.

08:59:20 THAT REALLY IS SOMETHING MORE APPROPRIATELY DONE BY NATURAL

08:59:24 RESOURCES STAFF.

08:59:25 THE REASON I STEPPED UP, IN YOUR STAFF REPORT ON PAGE 5 THAT

08:59:31 IDENTIFIES WHAT THE CRITERIA IS FOR REMOVAL OF A GRAND TREE,

08:59:34 AND THERE ARE TWO ITEMS, AND I AM HEARING COUNCIL, THAT TWO

08:59:39 OF THOSE CRITERIA YOU DO NOT HAVE ADEQUATE INFORMATION IN

08:59:43 THE RECORD TO MAKE A DECISION ON WHETHER OR NOT THE REQUEST

08:59:46 TO REMOVE THE GRAND TREE COMPLIES WITH THE CRITERIA IN THE

08:59:50 CODE.

08:59:51 AND SPECIFICALLY ADDRESSING SECTION 27-284.2.5.

08:59:59 ITEM B IN THAT SECTION ASKS WHETHER THE PROPOSED BUILDINGS

09:00:04 OR STRUCTURES CAN BE REASONABLY RECONFIGURED TO PRESERVE THE

09:00:07 GRAND TREES REQUESTED FOR REMOVAL INCLUDING THE

09:00:10 RECOMMENDATION BY NATURAL RESOURCES COORDINATOR DESIGNEE.

09:00:13 AND I THINK THAT GOES SPECIFICALLY TO COUNCILMAN

09:00:16 DINGFELDER'S QUESTION ABOUT IT, AND I THINK UNDER THAT

09:00:22 SITUATION, THIS IS THE CRITERIA THAT COUNCIL MUST APPLY AS

09:00:26 PART OF THE THIS APPLICATION, WHICH IS REQUESTING A GRAND

09:00:29 TREE REMOVAL THAT A CONTINUANCE WOULD BE IN ORDER, IN ORDER

09:00:33 TO ALLOW STAFF TO ADDRESS AND PROVIDE EVIDENCE THAT IT'S

09:00:36 SPECIFIC TO A CRITERIA IN YOUR CODE.




09:00:41 >>BILL CARLSON: TO CLARIFY WHAT WE'RE SAYING, YOU ARE SAYING

09:00:43 THAT WE DON'T HAVE SUFFICIENT EVIDENCE TO DENY?

09:00:46 >>CATE WELLS: I'M HEARING COUNCIL SAY THAT.

09:00:48 I'M NOT PASSING JUDGMENT ON WHETHER OR NOT YOU HAVE GOT

09:00:51 SUFFICIENT EVIDENCE.

09:00:52 BUFF COUNCILMAN DINGFELDER HAS IDENTIFIED WHAT HE NEEDS TO

09:00:55 HEAR IN ORDER TO BE ABLE TO MAKE A DETERMINATION ON WHETHER

09:00:58 OR NOT THE REQUEST TO REMOVE THE GRAND TREE ADDRESSES THE

09:01:01 CRITERIA IN THE CODE.

09:01:05 >>BILL CARLSON: THANK YOU THANK YOU.

09:01:06 >>LUIS VIERA: COUNCILMAN DINGFELDER, WHAT ARE YOU LOOKING AT

09:01:08 IN TERMS OF A CONTINUANCE TIMEWISE?

09:01:13 >>JOHN DINGFELDER: [OFF MICROPHONE] [OFF MICROPHONE] MR.

09:01:18 MICHELINI, I APOLOGIZE.

09:01:20 I AM GET A LITTLE EMOTIONAL.

09:01:22 I DIDN'T MEAN TO IMPUGN THAT YOU SCRIBBLED THOSE NOTES.

09:01:26 THAT WAS FAST SCRIBBLE AND I APOLOGIZE FOR ANY INSINUATION

09:01:29 IN THAT REGARD.

09:01:32 30 DAYS, 60 DAYS?

09:01:34 >> WHY DON'T WE DEFUSE THE SITUATION, ASK THE STAFF TO COME

09:01:38 IN AND GIVE YOU AN ANALYSIS SO THEY ARE HERE PERSONALLY,

09:01:41 THEN THEY CAN TESTIFY A WHAT THEY HAVE DONE AND WHY THEY

09:01:44 PREPARED THE RECORDS THAT THEY PREPARED.

09:01:45 SO, I MEAN --

09:01:48 >>JOHN DINGFELDER: WHAT TIME PERIOD?




09:01:50 >>MARTIN SHELBY: I HAVE BEEN INFORMED A NIGHT MEETING TWO

09:01:53 MEETINGS FROM NOW.

09:01:57 >>STEVE MICHELINI: I WOULD PREFER A DAY MEETING IF THAT'S

09:01:59 POSSIBLE.

09:01:59 THAT'S FINE.

09:02:00 WHATEVER.

09:02:01 >>LUIS VIERA: I HAVE OF NO PROBLEM WITH A DAY MEETING

09:02:03 ITSELF.

09:02:03 THIS WAS SOMETHING OUT OF THE APPLICANT'S HANDS.

09:02:05 I THINK IN TERMS OF THE OBJECTIONS BEING MADE, AND WE HAVE

09:02:10 GOTTEN THROUGH THE VAST MAJORITY OF IT, I THINK THE END IS

09:02:13 NEAR, ONCE WE GET THAT OPINION.

09:02:17 >>MARTIN SHELBY: GIVEN STAFF'S REQUIREMENTS OF A ONE-WEEK

09:02:21 MOTION ESPECIALLY WITH THE CLERK'S OFFICE HAVE THIS ON NEXT

09:02:24 WEEK'S AGENDA.

09:02:25 IT WOULD NOT REALLY BE FEASIBLE.

09:02:28 >>LUIS VIERA: THAT'S FINE.

09:02:29 SO WHAT WOULD BE THE DATE THEN?

09:02:31 I GUESS TWO WEEKS?

09:02:35 >>JOHN DINGFELDER: WHAT'S THE NIGHT MEETING TWO WEEKS FROM

09:02:36 NOW?

09:02:37 >>MARTIN SHELBY: THE NIGHT MEETING TWO WEEKS FROM NOW --

09:02:40 >>MARY SAMANIEGO: IS OCTOBER 24th AT 6:00 P.M.

09:02:43 >>LUIS VIERA: AND WE'LL PUT THIS AS NUMBER ONE.

09:02:47 OH, YEAH.




09:02:47 >>MARTIN SHELBY: OCTOBER 24th, 2019 AT 6:00 P.M. FIRST

09:02:52 ON THE AGENDA FOR 6:00 AGENDA.

09:02:54 >>JOHN DINGFELDER: SO MOVED.

09:02:57 >>LUIS VIERA: IS THAT OKAY WITH YOU TIMEWISE, SIR?

09:03:00 >>STEVE MICHELINI: YES, SIR.

09:03:01 >>LUIS VIERA: SECOND BY COUNCILMAN GUDES.

09:03:03 ALL IN FAVOR?

09:03:04 ANY OPPOSED?

09:03:05 THANK YOU.

09:03:08 NEXT WE MOVE TO ITEM NUMBER 7?

09:03:11 >>MARY SAMANIEGO: ITEM NUMBER 7 IS RAZE 19-73.

09:03:20 IT'S A REZONE REQUEST FOR THE PROPERTY AT 1101 AND 1115 EAST

09:03:25 HILLSBOROUGH AVENUE FROM SH INTENSIVE TO SH PLANNED

09:03:31 DEVELOPMENT.

09:03:31 >> DANNY COLLINS WITH THE PLANNING COMMISSION STAFF.

09:03:53 I HAVE BEEN SWORN IN.

09:03:53 OUR NEXT CASE IS IN THE CENTRAL TAMPA PLANNING DISTRICT.

09:03:56 MORE SPECIFICALLY THE SEMINOLE HEIGHTS URBAN VILLAGE.

09:04:00 TRANSIT NEAR THE SUBJECT SITE ON BOTH EAST HILLSBOROUGH

09:04:04 AVENUE AND NORTH NEBRASKA.

09:04:05 THE CLOSEST PUBLIC PARK IS GIDDENS PARK LOCATED

09:04:08 APPROXIMATELY ONE BLOCK TO THE SOUTH OF THE SUBJECT SITE.

09:04:10 SUBJECT SITE IS NOT LOCATED WITHIN AN EVACUATION ZONE.

09:04:18 THIS IS AN AERIAL OF THE SUBJECT SITE SURROUNDING PROPERTY.

09:04:21 YOU WILL SEE THE SUBJECT SITE OUTLINED IN PURPLE.




09:04:23 THIS IS EAST HILLSBOROUGH AVENUE.

09:04:29 THIS IS NORTH 12TH STREET.

09:04:31 THIS IS EAST GIDDENS AVENUE.

09:04:34 AND THIS AREA TO THE SOUTH IS GIDDENS PARK.

09:04:42 THIS IS THE ADOPTED FUTURE LAND USE MAP.

09:04:45 YOU WILL SEE THE SUBJECT SITE OUTLINED IN PURPLE.

09:04:48 EAST HILLSBOROUGH AVENUE IS CC 35 COMMERCIAL.

09:04:53 CC 35 IS OUTLINED IN RED.

09:04:55 THIS AREA JUST NORTH OF HILLSBOROUGH AVENUE IS CMU-35.

09:05:02 AS YOU GO NORTH AND SOUTH YOU WILL SEE A MIX OF RESIDENTIAL

09:05:05 20 IS SHOWN IN GREEN.

09:05:10 AND THE RESIDENTIAL 10 JUST NORTH AND SOUTH OF THE SUBJECT

09:05:13 SITE WHICH IS SHOWN IN TAN.

09:05:17 PLANNING COMMISSION STAFF HAS REVIEWED THE APPLICATION AND

09:05:21 FOUND THE REQUEST CONSISTENT WITH LONG RANGE G.PATTERN

09:05:24 ENCOURAGED UNDER THE COMMUNITY COMMERCIAL 35 FUTURE LAND USE

09:05:28 CATEGORY.

09:05:29 SUBJECT SITE IS LOCATED ON INTERSECTION WITHIN THE SEMINOLE

09:05:31 HEIGHTS URBAN VILLAGE.

09:05:33 AND WITHIN A RECOGNIZED COMMUNITY NODE AS OUTLINED IN THE

09:05:37 GREATER SEMINOLE HEIGHTS VISION PLAN.

09:05:38 APPLICANT IS UTILIZING THE ADDITIONAL DENSITY BONUS THROUGH

09:05:41 AN AGREEMENT WITH THE CITY LEGAL DEPARTMENT TO ALLOW AN

09:05:44 ADDITIONAL 27,485 SQUARE FEET OF INTENSITY.

09:05:48 THE PLANNING COMMISSION STAFF FINDS THE ADDITIONAL DENSITY




09:05:53 APPROPRIATE WITH DEVELOPMENT PATTERN FOUND ALONG EAST

09:05:56 HILLSBOROUGH COUNTY AVENUE.

09:05:57 BASED ON THOSE CONSIDERATIONS PLANNING COMMISSION STAFF

09:05:59 FINDS THE REQUEST CONSISTENT WITH THE TAMPA COMPREHENSIVE

09:06:02 PLAN.

09:06:05 THAT'S ALL I HAVE.

09:06:08 >>LUIS VIERA: THANK YOU, SIR.

09:06:09 >>MARY SAMANIEGO: PLANNING DESIGN AND DEVELOPMENT

09:06:13 COORDINATION.

09:06:28 HERE IS THE SUBJECT PROPERTY.

09:06:29 WE ARE ON EAST HILLSBOROUGH AVENUE ADJACENT TO NORTH 12TH

09:06:34 STREET.

09:06:35 THE APPLICANT IS REQUESTING A REZONING TO A PLANNED

09:06:39 DEVELOPMENT TO ALLOW THE AIR CONDITIONED STORAGE USE,

09:06:45 ALLOWABLE ONE F.A.R.

09:06:49 IT'S CURRENTLY ZONED SEMINOLE HEIGHTS, AIR CONDITIONED

09:06:52 STORAGE IS ALREADY A PERMITTED USE UNDER THE EXISTING ZONING

09:06:55 DISTRICT.

09:06:56 ONE OF THE REASONS FOR THE LAND DEVELOPMENT IS TO SEE THE

09:07:00 MINIMUM STANDARD OF R 1 FLORIDA AREA RATIO, REQUESTING A

09:07:04 DENSITY BONUS, F.A.R.

09:07:11 THE LEGAL STAFF HAS REVIEWED AN AGREEMENT ASSOCIATED WITH

09:07:14 THE DENSITY BONUS AND STATED IN YOUR STAFF REPORT ON PAGE 2.

09:07:19 THE ADDITIONAL PREMIUM WILL BE APPROXIMATELY $185,000.

09:07:27 [RUSTLING PAPERS] HERE IS THE SITE PLAN.




09:07:32 THAT THE APPLICANT IS PROPOSING.

09:07:35 TWO MAIN BUILDINGS.

09:07:37 AGAIN, A SOLE USE AIR CONDITIONED STORAGE.

09:07:40 THE TOTAL SQUARE FOOTAGE OF THE BUILDINGS WOULD BE 82,371

09:07:45 SQUARE FEET.

09:07:46 THE PROPERTY IS SURROUNDED BY RESTAURANT TO THE WEST WITHIN

09:07:49 THE SEMINOLE HEIGHTS COMMERCIAL INTENSIVE ZONING DISTRICT,

09:07:52 GIDDENS PARK TO THE SOUTH, RETAIL USE AND DETACHED

09:07:57 SINGLE-FAMILY RESIDENCE TO THE EAST, AS WELL AS A RETAIL USE

09:08:01 A MOTEL TO THE NORTH ACROSS HILLSBOROUGH AVENUE.

09:08:05 THE REQUEST REQUIRES 40 PARKING SPACES AND A TOTAL OF 22 ARE

09:08:10 BEING PROVIDED.

09:08:11 THAT IS ONE OF THE FIVE WAIVERS THAT THEY ARE REQUESTING TO

09:08:13 REDUCE THE REQUIRED PARKING FROM 40 SPACES DOWN TO 22.

09:08:19 THE SECOND WAIVER THAT THEY ARE REQUESTING IS TO HAVE

09:08:23 COMMERCIAL ACCESS ONTO 12TH STREET.

09:08:26 THE CODE REQUIRES ALL COMMERCIAL OR NONRESIDENTIAL ACCESS TO

09:08:30 BE ON ARTERIAL COLLECTORS.

09:08:32 THEY HAVE DUAL IN AND OUT ON HILLSBOROUGH AVENUE, BUT THEY

09:08:36 ARE REQUESTING A DRIVE WAY CULT ON 12TH STREET WHICH IS A

09:08:42 LOCAL STREET.

09:08:42 THAT IS THE SECOND WAIVER THAT THEY ARE REQUESTING.

09:08:48 THE CODE REQUIRES A STANDARD NUMBER OF LOADING SPACES FOR

09:08:54 COMMERCIAL USES.

09:08:55 TYPICALLY YOUR FIRST LOADING SPACE IS 60-FOOT LOADING SPACE.




09:09:03 THEY ARE ASKING FOR A WAIVER TO ALLOW ALL OF THE REQUIRED

09:09:05 LOADING SPACES TO BE 12 BY 30.

09:09:10 AND THEN THE LAST WAIVER THAT THEY ARE REQUESTING, WALL

09:09:13 SIGNS OR BUILDING SIGNS IN OUR CODE PER SECTION 27-289 ARE

09:09:19 REQUIRED TO BE ON STREET FRONTAGES, SO THEY WOULD BE

09:09:26 ELIGIBLE FOR A BUILDING SIGN ON HILLSBOROUGH AS WELL AS

09:09:30 12th.

09:09:30 THEY ARE ASKING FOR ADDITIONAL BUILDING SIGNS FOR BUILDING

09:09:36 A, TO FACE THIS WAY, AND THEY ARE ALLOWING FOR ADDITIONAL

09:09:43 BUILDING ON A TO FACE THE WEST AS WELL.

09:09:48 OTHER THAN THAT, AS FAR AS INDIVIDUAL DEPARTMENTS REVIEW,

09:09:51 PLANNING, DESIGN, JUST HAVE SOME MODIFICATIONS BETWEEN FIRST

09:09:55 AND SECOND READING.

09:09:56 TRANSPORTATION DID FIND IT INCONSISTENT AGAIN BECAUSE OF THE

09:09:59 PARKING REDUCTION OF A 45% PARKING WAIVER AS WELL AS THE

09:10:06 ACCESS ONTO 12TH STREET FOR COMMERCIAL BENEFIT.

09:10:10 THERE ARE CHANGES BETWEEN FIRST AND SECOND READING FROM

09:10:12 TRANSPORTATION THAT WOULD NEED TO BE MADE IF YOU DO IN FACT

09:10:15 APPROVE THIS APPLICATION.

09:10:17 I HAVE PROVIDED THE FINDINGS OF FACT AND THE WAIVER CRITERIA

09:10:21 FOR YOU IN YOUR STAFF REPORT.

09:10:23 AND SO OVERALL THE OVERALL DEVELOPMENT COMPLIANCE STAFF DID

09:10:30 FIND THIS INCONSISTENT BASED ON THE TRANSPORTATION

09:10:33 DIVISION'S INCONSISTENCY BASED ON THE PARKING REDUCTION.

09:10:39 IF YOU DO APPROVE THIS APPLICATION, I WILL REQUEST THAT YOU




09:10:43 INCLUDE IN YOUR MOTION THE REVISION SHEET.

09:10:46 >>LUIS VIERA: THANK YOU, MA'AM.

09:10:49 COUNCILMAN DINGFELDER.

09:10:53 >>JOHN DINGFELDER: MARY, YOU MENTIONED $185,000 PAYMENT BY

09:10:58 THE DEVELOPER TO THE CITY TO ACQUIRE THE ADDITIONAL BONUS

09:11:04 DENSITY, CORRECT?

09:11:07 >>MARY SAMANIEGO: THAT THE DENSITY BONUS AGREEMENT IS IN

09:11:11 THE AMOUNT OF $185,000.

09:11:15 >>JOHN DINGFELDER: HOW MANY ADDITIONAL SQUARE FEET DOES THAT

09:11:17 GET THEM?

09:11:18 >>MARY SAMANIEGO: APPROXIMATELY 27,000 SQUARE FEET.

09:11:21 >>JOHN DINGFELDER: OKAY.

09:11:23 AND THE $185,000 PAYMENT TO THE CITY, IS THAT SPECIFICALLY

09:11:31 TARGETED TO BE RETURNED TO THAT IMMEDIATE NEIGHBORHOOD FOR

09:11:37 SPECIFIC IMPROVEMENTS?

09:11:38 IS THAT THE WAY THE CODE TREATS IT?

09:11:41 >>MARY SAMANIEGO: I WILL ASK CITY LEGAL ATTORNEY TO ADDRESS

09:11:44 THAT SINCE IT WENT THROUGH THE LEGAL DEPARTMENT.

09:11:48 >>CATE WELLS: OFFICE OF CITY ATTORNEY.

09:11:49 THE BONUS PROVISION AGREEMENT THAT THE DEVELOPER HAS AGREED

09:11:53 TO, AND IF THIS IS APPROVED ON FIRST READING, THEN THE

09:11:58 AGREEMENT WOULD COME BEFORE COUNCIL AFTER SECOND READING AND

09:12:01 APPROVAL OF THE REZONING.

09:12:03 BUT THE PROJECT THAT THE DEVELOPER HAD SELECTED IS CIP

09:12:08 NUMBER 100126 WHICH IS DESCRIBED AS 34th STREET NORTH




09:12:13 FROM COLUMBUS DRIVE TO U.S. 92 EAST HILLSBOROUGH AVENUE.

09:12:17 SO IT WOULD BE DEDICATED TO THAT CAPITAL IMPROVEMENT

09:12:20 PROJECTOR.

09:12:24 >>JOHN DINGFELDER: AND THAT'S 34th STREET?

09:12:27 >>CATE WELLS: 34th STREET NORTH FROM COLUMBUS DRIVE TO

09:12:29 U.S. 92 EAST HILLSBOROUGH AVENUE.

09:12:31 >> AND THIS PROJECT IS LOCATED AT 12TH STREET?

09:12:38 IS THAT WHAT SOMEBODY SAID?

09:12:39 11th, 12th STREET?

09:12:44 >>CATE WELLS: 11th AND 12th STREET, YES.

09:12:47 AND THIS IS ONE OF THE PROJECTS IDENTIFIED BY STAFF AS BEING

09:12:50 ELIGIBLE FOR THEIR CONSIDERATION.

09:12:53 >>JOHN DINGFELDER: 20 BLOCKS AWAY.

09:12:54 OKAY, THANK YOU.

09:12:56 OH, ONE OTHER QUESTION.

09:12:57 I'M SORRY.

09:12:58 I DON'T KNOW IF THIS IS LEGAL OR STAFF.

09:13:00 BUT FOR THE BONUS DENSITY, THIS WOULD NOT BE IN FRONT OF US?

09:13:05 IS THAT CORRECT?

09:13:08 OR I GUESS IT'S THE WAIVER ALSO, RIGHT?

09:13:10 THE TRANSPORTATION WAIVER?

09:13:11 >>MARY SAMANIEGO: IT'S NOT FOR THE DENSITY BONUS, THE

09:13:16 PROJECT WOULD BE SUBSTANTIALLY SMALLER AND THEY COULD -- IT

09:13:20 IS STAFF'S PROFESSIONAL OPINION THEY COULD DEVELOP AN AIR

09:13:23 CONDITIONED STORAGE USE AND MEET THE CURRENT CODE AND NOT




09:13:26 HAVE TO DO A PLANNED DEVELOPMENT.

09:13:28 >>JOHN DINGFELDER: JUST COME OUT ON HILLSBOROUGH AND NOT ON

09:13:30 THE SIDE STREET?

09:13:32 >>MARY SAMANIEGO: CORRECT.

09:13:33 >>JOHN DINGFELDER: THANK YOU.

09:13:34 >>LUIS VIERA: ANYONE ELSE?

09:13:35 OKAY.

09:13:36 APPLICANT?

09:13:36 >>JOHN GRANDOFF: GOOD EVENING, MEMBERS, MY NAME IS JOHN

09:13:42 GRANDOFF, SUITE 3700 BANK OF AMERICA PLAZA.

09:13:47 I HAVE THE PLEASURE OF REPRESENTING SAFEGUARD STORAGE THIS

09:13:49 EVENING.

09:13:49 I HAVE A FEW FOLKS I WOULD LIKE TO INTRODUCE FIRST.

09:13:53 THE ENGINEER MR. DAVID BELL WHO PREPARED THE SITE PLAN,

09:13:58 ENGINEER ON THE PROJECT.

09:13:59 DAVID, WOULD YOU RAISE YOUR HAND?

09:14:01 ALSO, MR. MICHAEL YATES, OUR TRANSPORTATION ENGINEER.

09:14:03 HE PREPARED AN OPINION LETTER TO YOU JUSTIFYING THE WAIVER

09:14:07 ON THE PARKING COUNT.

09:14:09 MICHAEL, WOULD YOU PLEASE RAISE YOUR HAND?

09:14:12 AND LAST BUT NOT LEAST I WANT TO THE INTRODUCE TO YOU MR.

09:14:15 STAN BONIA WHO WILL SPEAK LATER IN THE PRESENTATION.

09:14:19 STAN, PLEASE RAISE YOUR HAND.

09:14:21 HE'S A 20-YEAR PLUS VETERAN OF BUILDING AIR CONDITIONED

09:14:24 STORAGE, SPENT A GOOD AMOUNT OF TIME WITH STAN THIS WEEK.




09:14:29 I WILL TELL YOU HE IS AN EXPERT IN HIS FIELD AND A TRUE

09:14:32 INTEREST IN BUILDING QUALITY PROJECTS AND WORKING WITH

09:14:35 NEIGHBORHOODS.

09:14:35 AND I LOOK FORWARD TO HEARING FROM STAN.

09:14:39 PRIMARILY, MR. DINGFELDER, ON THE DEVELOPMENT AGREEMENT,

09:14:45 WHEN YOU NEGOTIATE THE DEVELOPMENT AGREEMENT, TRANSPORTATION

09:14:47 DEPARTMENT PROVIDES CAPITAL IMPROVEMENT PROJECTS IN

09:14:52 TRANSPORTATION THAT NEED HELP IN FUNDING, AND THIS WAS

09:14:57 PICKED OUT AND SELECTED, AND WE AGREED TO PROVIDE A PIPELINE

09:15:02 VIA THE RESOURCES TO 34th STREET TO COLUMBUS DRIVE, EAST

09:15:07 OF THE PROJECT.

09:15:08 I BELIEVE THE OTHER TWO THAT WERE SUGGESTED WERE TO THE WEST

09:15:15 OF INTERSTATE 75, SO THEY WERE WAY BEYOND THE NEIGHBORHOOD.

09:15:24 THE WAIVER.

09:15:28 FOR SOME TIME NOW, IT'S BEEN -- SEVERAL ITEMS HAVE COME TO

09:15:33 CITY COUNCIL REQUESTING WAIVER.

09:15:34 THE PARKING CODE REQUIRES ONE SPACE PER 20 UNITS, WHICH

09:15:38 WOULD 40 PARKING SPACES, FOR AIR CONDITIONED STORAGE.

09:15:45 IN RECENT TIMES, THE CITY COUNCIL HAS CONSIDERED SEVERAL

09:15:49 WAIVERS OF WHAT I BELIEVE IN MY OPINION IS AN EXTRAORDINARY

09:15:54 PARKING RATIO.

09:15:56 RECENTLY ON GANDY BOULEVARD, IN 2018, THE 750 UNITS, 39

09:16:03 PARKING SPACES WERE REQUIRED, ALMOST IDENTICAL TO OUR

09:16:06 PROJECT, 17 WERE PROVIDED, 56% WAIVER.

09:16:12 ON CYPRESS STREET, THIS IS THE FREEDMAN OFFICE STORAGE, 700




09:16:19 UNITS, 36 REQUIRED, 9 PROVIDED, 75% WAIVER.

09:16:24 WESTSHORE AND TYSON, NEAR RATTLESNAKE POINT, 626, 34

09:16:32 REQUIRED, 10 PROVIDED, 29% WAIVER.

09:16:35 THAT WAS A DESIGN EXCEPTION.

09:16:37 FINALLY ON KENNEDY AND ROME, JUST DOWN THE STREET, 800

09:16:41 UNITS, 40 REQUIRED, 17 PROVIDED, 58% WAIVER.

09:16:47 IN OUR PROJECT, WE ARE REQUESTING A 45% WAIVER FROM 40 TO

09:16:55 22.

09:16:56 I HAVE THOSE ORDINANCES THAT HAVE BEEN APPROVED BY YOU AND A

09:16:59 SITE PLAN IF YOU CARE TO REVIEW THOSE.

09:17:02 AND I SUBMIT TO YOU THIS IS DEMONSTRATIVE EVIDENCE THAT

09:17:08 WAIVERS HAVE BEEN PRETTY MUCH THE COURSE OF BUSINESS BECAUSE

09:17:10 OF THE EXTRAORDINARY REQUIREMENT IN THE CODE AND THAT IT IS

09:17:13 INDEED UNREASONABLE.

09:17:16 MICHAEL IS GOING TO COME BEFORE YOU AND EXPLAIN TO YOU HIS

09:17:20 RATIONAL FOR THE WAIVER AND HIS LETTER.

09:17:22 I WOULD ALSO WANT TO POINT OUT ON THE SITE PLAN THAT THIS IS

09:17:28 A UNIQUE PROPERTY IN THAT IT IS CI ZONED ALONG HILLSBOROUGH

09:17:33 AVENUE, A STATE HIGHWAY, AND THEN CI ZONED DOWN ALL THE WAY

09:17:38 TO GIDDEN.

09:17:39 AND THEN THERE'S CI ZONING ADJACENT TO IT AS WELL.

09:17:44 WE ARE INSTALLING A VERY LARGE SIDEWALK ALONG HILLSBOROUGH

09:17:47 AVENUE.

09:17:48 WE HAVE SOFTENED THE CORNER HERE AT THE TURN.

09:17:53 WE ARE PROVIDING THE DRIVEWAY HERE IN THE CODE, THE SEMINOLE




09:17:57 HEIGHTS CODE, REQUIRES THAT DRIVEWAYS NOT EXTEND MORE THAN

09:18:01 100 FEET FROM THE INTERSECTION.

09:18:03 WE ARE AT 186 FEET.

09:18:06 AND THE REASON WHY WE NEED THE EXTRA 186 FEET IS DOT IS

09:18:10 CREATING A DRIVEWAY.

09:18:12 WE HAVE TO MOVE THE BUILDING OVER AND BRING IT DOWN WITHIN

09:18:14 THE ZONING, BUT THAT BRINGS THE BUILDING FURTHER SOUTH AND

09:18:18 BRINGS THE EXIT NURTURE SOUTH.

09:18:19 THIS WILL BE AN EXIT ONLY.

09:18:21 THERE WILL BE SIGNS ON BOTH SIDES INDICATING DO NOT ENTER,

09:18:26 AND ALSO EXIT ONLY, AND THE CURB IS GOING TO BE CREATED AND

09:18:31 CONSTRUCTED BEARING NORTH TO FORCE TRAFFIC FROM GOING SOUTH

09:18:36 ALONG 12TH STREET.

09:18:39 WE WILL INSTALL BUFFERING, HEDGING, FENCE, ALL ALONG THIS

09:18:45 AREA RIGHT HERE AND COMPLIANT WITH THE SEMINOLE HEIGHTS

09:18:47 REGULATION.

09:18:51 PARDON ME ONE SECOND.

09:18:57 WE ARE MEETING THE SETBACKS THAT ARE REQUIRED UNDER THE

09:18:59 SEMINOLE HEIGHTS REGULATIONS.

09:19:02 THE HEIGHT ISSUE -- EXCUSE ME FOR A SECOND -- IS 55 FEET.

09:19:12 WE ARE AT 45 FEET.

09:19:14 I HAVE AN ELEVATION ALSO OF A BUILDING THAT SAFEGUARD HAS

09:19:20 PLANNED.

09:19:20 AND THIS IS STANDING ACROSS HILLSBOROUGH LOOKING SOUTHWEST.

09:19:27 THIS WOULD BE 12th.




09:19:29 HERE IS THE ENTRANCE.

09:19:30 AND THIS IS FURTHER DOWNHILLS BORE AVENUE.

09:19:36 PARDON ME FOR ONE MOMENT.

09:19:45 HOURS OF OPERATION.

09:19:46 9:00 TO 6:00 SEVEN DAYS A WEEK.

09:19:51 THIS PROJECT WILL -- EXCUSE ME ONE SECOND.

09:20:00 IN SUMMARY, THE PERMITTED USE UNDER THE CI DISTRICT WILL

09:20:07 PROVIDE GOOD SERVICE TO THE NEIGHBORHOOD, SIGNIFICANT DEMAND

09:20:10 FOR IT.

09:20:11 FROM WILL BE LESS NOISE, LESS TRAFFIC, LESS TRASH, AN

09:20:15 UPGRADE TO THE NEIGHBORHOOD.

09:20:16 I WOULD LIKE TO NOW INTRODUCE MICHAEL YATES TO ADDRESS THE

09:20:21 PARKING COUNT.

09:20:23 >>ORLANDO GUDES: MR. GRANDOFF, YOU JUST SAID IT WOULD BRING

09:20:26 A SIGNIFICANT IMPACT TO THE NEIGHBORHOOD.

09:20:30 >>JOHN GRANDOFF: YES.

09:20:32 >>ORLANDO GUDES: I'M JUST WONDERING WHAT SIGNIFICANT IMPACT

09:20:34 WOULD IT BRING TO THE NEIGHBORHOOD?

09:20:35 BECAUSE I HAVE GOT SEVERAL OF THESE STORAGE FACILITIES IN MY

09:20:40 DISTRICT, AND I DON'T SEE THE IMPACT IT'S BRINGING TO THE

09:20:44 NEIGHBORHOOD.

09:20:44 SO IF YOU CAN TELL ME HOW IT BRINGS AN ECONOMIC IMPACT.

09:20:48 BECAUSE IT DON'T BRING NO JOBS.

09:20:50 >>JOHN GRANDOFF: WELL, IT DOES BRING JOBS, AND STANLEY WILL

09:20:55 EXPLAIN THAT TO YOU.




09:20:57 IT'S NEW CONSTRUCTION.

09:20:59 THIS IS A BLIGHTED AREA OF HILLSBOROUGH AVENUE, A STATE

09:21:02 ROAD, MAINLY A THOROUGHFARE, AND THERE WILL BE NEW

09:21:07 CONSTRUCTION, NEW JOBS FOR CONSTRUCTION OF THE PROJECT, AND

09:21:10 IT WILL BE A FRIENDLY NEIGHBORHOOD USE THAT IS IN QUITE

09:21:15 DEMAND.

09:21:16 ACTUALLY, DEMOGRAPHICALLY, AND STAN KNOWS THIS BETTER THAN

09:21:20 ME, BUT BRIEFLY NEIGHBORHOODS IMPROVE, THERE IS A DEMAND FOR

09:21:25 SELF-STORAGE, BECAUSE OF THE CHANGE IN THE DEMOGRAPHICS, AND

09:21:28 THE SELF-STORAGE INCLUDING NEIGHBORHOOD, AND THAT IS THE

09:21:31 PHENOMENON WE ARE SEEING IN THE CITY.

09:21:34 LET ME INTRODUCE MICHAEL YATES.

09:21:36 MICHAEL, PLEASE EXPLAIN YOUR JUSTIFICATION.

09:21:38 >> MICHAEL YATES, I WANT TO WALK THROUGH THE TRANSPORTATION

09:21:45 REAL QUICK.

09:21:47 I WILL BE BRIEF.

09:21:50 THE PROJECT IS ESTIMATED TO ATTRACT 124 DAILY TRIPS.

09:21:54 THAT'S 8 A.M. PEAK HOUR TRIPS AND 14 PM PEAK HOUR TRIPS.

09:22:03 THIS IS A REDUCTION IN THE EXISTING ON THE SITE.

09:22:09 THAT IS A REDUCTION OF ABOUT 100 DAILY TRIPS, SIX AM PEAK

09:22:16 HOUR TRIPS AND 11 P.M. PEAK HOUR TRIPS.

09:22:24 PART OF THE CHALLENGE THAT WE HAD IN THE LAYOUT AND WHY THE

09:22:27 SQUARE FOOTAGE IS LAID OUT THE WAY IT IS, AND WHY THE

09:22:30 DRIVEWAY CONFIGURATION IS LAID OUT, IF YOU SEE RIGHT HERE ON

09:22:33 THE SITE PLAN, THIS IS A LIGHTED CROSSWALK ACROSS




09:22:37 HILLSBOROUGH AVENUE, WHICH STOPS TRAFFIC.

09:22:40 SO WHEN WE MET WITH DOT WE HAD ORIGINALLY PROPOSED A

09:22:44 DRIVEWAY ON THE WESTERN PROPERTY BOUNDARY, WHERE THERE IS

09:22:47 ONE TODAY.

09:22:48 HOWEVER, BECAUSE OF THE PROXIMITY OF THAT LIGHTED CROSSWALK,

09:22:53 D.O.T. HAD SOME SAFETY CONCERNS WITH THEM EXITING.

09:22:55 THEY FELT MORE COMFORTABLE WITH THE DRIVEWAY BEING PLACED AT

09:22:58 THE CLOSER TO THE INTERSECTION WHICH OBVIOUSLY THEN CREATED

09:23:04 THE SEPARATION OF THE BUILDINGS THAT YOU SEE HERE.

09:23:09 THE NEXT PART IS THE PARKING WAIVER.

09:23:11 WE BASE THE PARKING ON ITE PARKING GENERATION WHICH IS THE

09:23:18 NATIONAL PUBLICATION.

09:23:19 BASED ON THAT CALCULATION, WHAT IS REQUIRED IS NINE SPACES

09:23:22 FOR THIS DEVELOPMENT.

09:23:24 WE ARE PROVIDING 21 SPACES.

09:23:27 AND AS JOHN PRESENTED EARLIER, THAT IS IN LINE WITH WHAT HAS

09:23:33 BEEN APPROVED PREVIOUSLY THROUGH THE COUNCIL.

09:23:38 THE LOADING WAIVER, WE ARE PROVIDING 12 BY 30 LOADING BAYS.

09:23:45 THE REASON WE ARE NOT PROVIDING THE ONE ADDITIONAL 60-FOOT

09:23:52 BAY IS BECAUSE OF THIS DOES NOT ALLOW DWELLERS TO COME

09:23:58 ON-SITE.

09:23:59 THEY REQUIRE A BOX STRUCTURE FOR ANY OF THE DELIVERIES SO IT

09:24:05 MUST BE A BOX TRUCK OR SMALLER SO THE LARGER TRUCKS WERE NOT

09:24:09 NECESSARY FOR THIS FACILITY.

09:24:11 AND THEN ON THE DRIVEWAY LOCATION, WE HAVE MOVED TO THE




09:24:17 SOUTH.

09:24:17 OBVIOUSLY BECAUSE OF THE BUILDING LAYOUT.

09:24:20 THERE IS EXISTING DRIVEWAYS THAT BASICALLY RUN FROM THE

09:24:23 INTERSECTION ALL THE WAY DOWN TODAY.

09:24:28 THEIR EXISTING COMMERCIAL DRIVEWAYS, THE MEDICAL OFFICE AND

09:24:32 AUTO REPAIR.

09:24:35 AND THEN THERE'S ALSO A DRIVEWAY HERE.

09:24:37 WE ARE TRYING TO GET OUT OF THE IMPACT AREA FOR THE DRIVEWAY

09:24:41 TO THE PAWN SHOP ON THE EAST SIDE OF THE ROAD.

09:24:45 THAT'S ALL I HAVE FOR THIS PRESENTATION.

09:24:46 I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

09:24:48 >>LUIS VIERA: ANY QUESTIONS FROM COUNCIL?

09:24:50 >>JOHN GRANDOFF: THANK YOU, MIKE.

09:24:59 >>ORLANDO GUDES: [OFF MICROPHONE]

09:25:03 >>BILL CARLSON: MR. GRANDOFF, I'M SORRY, IT'S GETTING LATE.

09:25:07 I THINK YOU SAID EARLIER THAT THE MINIMUM REQUIREMENT,

09:25:10 MINIMUM PARKING REQUIREMENT, DID YOU SAY SPECIFICALLY THE

09:25:14 REQUIREMENT IS SPECIFICALLY FOR STORAGE UNITS, OR IS IT IN

09:25:17 GENERAL?

09:25:18 IS IT A REQUIREMENT JUST FOR STORAGE UNITS?

09:25:21 >>JOHN GRANDOFF: FOR STORAGE UNITS, IT'S ONE SPACE, ONE

09:25:25 PARKING SPACE PER 20, WHICH REQUIRES 38 SPACES.

09:25:30 >>BILL CARLSON: SO WHAT YOU AND YOUR EXPERT ARE SAYING IS

09:25:32 THAT THE CRITERIA OVERALL IS WRONG --

09:25:38 >>JOHN GRANDOFF: THE CODE IS TERRIBLY ANTIQUATED IF THAT




09:25:41 MAKES SENSE AND THAT'S BEEN SHOWN BY ALL THE WAIVERS GRANTED

09:25:44 BY COUNCIL BEFORE OPT ON THE SAME EVIDENCE.

09:25:46 IT'S ONE PER 20 WHICH GETS IT TO 38 PLUS ONE PARKING SPACE

09:25:51 FOR EACH EMPLOYEE PER SHIFT.

09:25:53 THAT'S TWO MORE.

09:25:54 THAT CREATES 40.

09:25:56 I WOULD LIKE TO INTRODUCE STANLEY OF SAFEGUARD STORAGE.

09:26:01 >> THANK YOU FOR HAVING US THIS EVENING.

09:26:04 MY NAME IS STANLEY BONIA, 105 MATTRESS ROAD, NEW YORK.

09:26:10 WE HAVE SAFEGUARD HAS 71 PROPERTIES NATIONALLY.

09:26:16 WE HAVE -- I'M SORRY, 71 PROBABLY NATIONAL.

09:26:20 THIS WILL BE OUR SECOND SOUTHERN PROPERTY.

09:26:23 WE HAVE 16 PROPERTIES NOW IN FLORIDA.

09:26:25 CURRENTLY, WE ARE IN SIX CITIES: NEW YORK, PHILADELPHIA,

09:26:30 CHICAGO, FT. LAUDERDALE, MIAMI, I WILL CALL THAT ONE, AND

09:26:36 NEW ORLEANS.

09:26:39 OUR GOAL IS TO OPEN APPROXIMATELY 12 PROPERTIES PER CITY PER

09:26:43 REGION.

09:26:45 WE HAVE KIND OF MAXED OUT IN A LOT OF THOSE CITIES.

09:26:48 WE ARE LOOKING TO EXPAND THROUGHOUT THE EAST COAST OF THE

09:26:50 UNITED STATES.

09:26:51 WE LOOKED AT ALL OF OUR OPTIONS WHERE WE ARE NOT.

09:26:53 BOSTON, WASHINGTON, D.C., CHARLOTTE, TAMPA, ORLANDO.

09:26:59 WE FEEL THAT TAMPA IS WHERE WE WANT TO BE MOST OUT OF ALL

09:27:02 THOSE FOR A NUMBER OF REASONS.




09:27:04 THE SUPPLY IN TAMPA IS VERY OLD.

09:27:07 AS YOU DRIVE AROUND, YOU WILL SEE PERHAPS A LOT OF

09:27:10 SELF-STORAGE BUT A LOT OF DRIVE-UP ANTIQUATED PROPERTIES

09:27:14 WHERE WE ARE REPLACING THAT WITH NEWER FIRST-CLASS SELF

09:27:19 STORAGE PROPERTIES.

09:27:20 OUR GOAL IS TO BUILD THE BEST PROPERTIES IN EVERY MARKET WE

09:27:23 GO INTO.

09:27:24 IF YOU LOOK AT OUR PORTFOLIO, THAT'S WHAT WE BELIEVE WE

09:27:28 ACCOMPLISH.

09:27:28 THE REASON WE CHOSE TAMPA AND WHY WE LIKE TAMPA SO MUCH IS

09:27:32 THE REASON PEOPLE HERE LOVE IT SO MUCH, AND WHY PEOPLE ARE

09:27:35 MOVING HERE.

09:27:36 SO THERE'S GREAT GROWTH RATE, AND THAT'S WHY A LOT OF THE

09:27:40 OTHER -- YOU SEE A LOT OF NEW SUPPLY COMING IN.

09:27:45 AND IN OUR OPINION IT'S ONE OF THE BEST CITIES ON THE EAST

09:27:49 COAST, IF NOT MY FAVORITE CITY IN FLORIDA, BUT THAT'S BESIDE

09:27:54 THE POINT.

09:27:55 WHY EAST HILLSBOROUGH AVENUE?

09:27:57 EAST HILLSBOROUGH, YOU TAKE A TWO MILE RADIUS.

09:28:00 THAT'S WHAT WE FOCUS ON.

09:28:01 SELF-STORAGE IS REALLY BROKEN DOWN INTO MICROMARKETS.

09:28:04 THE NATIONAL AVERAGE OF SUPPLY IS OVER 7 SQUARE FEET OF SELF

09:28:08 STORAGE PER AMERICAN.

09:28:10 RIGHT HERE IF WE DROP A PIN IN 115 EAST HILLSBOROUGH AVENUE,

09:28:16 THERE'S 63,200 PEOPLE WITHIN THAT TWO MILE RADIUS.




09:28:20 THERE ARE FOUR EXISTING SELF-STORAGE PROPERTIES W.THIS NEW

09:28:23 PROPERTY OUR SQUARE FOOT PER CAPITA WILL BE ABOUT 4.8 TO 4.9

09:28:28 SQUARE FEET PER PERSON.

09:28:29 SIGNIFICANTLY BELOW WHAT THE NATIONAL AVERAGE IS.

09:28:32 SO ALTHOUGH YOU MAY BE SEEING A LOT OF PROPERTIES COMING UP

09:28:36 IN THE AREA, THERE'S CERTAINLY A DEMAND FOR IT AND THE

09:28:40 REASON THEY ARE COMING HERE IS BECAUSE THERE IS DEMAND.

09:28:44 THE OTHER THING THAT WE LOOK AT ARE RATES.

09:28:49 THE GOOD THING ABOUT PROVIDING MORE SUPPLY IS THAT THE RATES

09:28:52 COME DOWN, BUT THE RATES IN THIS MARKET CONTINUE TO GO UP

09:28:55 FOR SELF-STORAGE BY ADDING ADDITIONAL FACILITIES STABILIZE

09:29:01 THE RATES.

09:29:01 TO ANSWER YOUR QUESTION, WHAT'S THE ECONOMIC IMPACT?

09:29:04 OUR GOAL IN THIS MARKET IS TO BUILD 12 PROPERTIES IN THE

09:29:10 MSA, IN THE GENERAL AREA. THIS IS THE FIRST ONE THAT WE UP.

09:29:14 WE HAVE FOUR OTHERS?

09:29:15 THREE OTHER CONTRACTS THAT HAVE BEEN SIGNED THAT ARE UNDER

09:29:18 CONTRACT ON AND ONE OTHER WHERE THE CONTRACT IS OUT.

09:29:23 WE ARE ON OUR WAY.

09:29:25 WE HAVE BEGUN TO GROW.

09:29:26 BUT WE WANT TO GET THOSE 12.

09:29:28 SO WE WILL HAVE 60 TO 80 PEOPLE TRADE AND LABOR JOBS ON THAT

09:29:33 SITE THAT FAIR ENOUGH, IT'S GOING TO LAST ONE YEAR, BUT OUR

09:29:37 GOAL IS TO HAVE A FIVE TO SEVEN YEAR JOBS PROGRAM OR

09:29:40 CONSTRUCTION PROGRAM WHERE WE'LL GO FROM ONE SITE TO ANOTHER




09:29:43 SITE TO ANOTHER SITE.

09:29:45 THE IMMEDIATE IMPACT IN THE AREA, WE ARE GOING TO HAVE 780

09:29:49 UNITS.

09:29:50 10 TO 20% OF THOSE UNITS ARE COMMERCIAL UNITS.

09:29:55 THAT'S NEIGHBORS WITHIN THAT 2-MILE AREA THAT ARE WORKING

09:29:58 OUT OF THEIR HOUSE OR HAVE A LOCAL BUSINESS THAT NEEDS SOME

09:30:03 MORE SPACE THAT RENT FROM US.

09:30:05 SO WE ARE GOING TO HAVE ABOUT 136 BUSINESSES THAT ARE ALL

09:30:09 LOCAL NEIGHBORS THAT WE ARE PROVIDING SPACE FOR.

09:30:12 AND THAT'S BASED ON A MONTH-TO-MONTH LEASE.

09:30:16 IT CAN EXPAND AND CONTRACT AS NEEDED, CLOSE AS NEEDED OR

09:30:19 DOUBLE IF NEEDED ON A MONTH-TO-MONTH BASIS.

09:30:22 THAT'S KIND OF THE UNSEEN ECONOMIC IMPACT OR SUPPORT THAT WE

09:30:26 ARE PROVIDING THE NEIGHBORHOOD.

09:30:28 IN ESSENCE I LIKE TO THINK THAT ALMOST AS AN INCUBATOR FOR

09:30:32 SOME OF THESE SMALL BUSINESSES TO ALLOW THEM THE ABILITY TO

09:30:37 START UP AND EXPAND AS NEEDED WITHOUT OVEREXTENDING

09:30:40 THEMSELVES.

09:30:42 THE OTHER THING, THAT WE TRY TO DO IS BE GOOD NEIGHBORS, AND

09:30:46 WE HAVE AN OPPORTUNITY TO MEET WITH THE COMMUNITY

09:30:48 BEFOREHAND, PRESENT OUR PROJECT.

09:30:54 THERE WAS SOME SIGNIFICANT CONCERN AND I WANT TO LISTEN TO

09:30:57 THAT, HEAR WHAT THE NEIGHBORS SAY, AND WE DID AGREE TO A

09:31:00 NUMBER OF THE TERMS INCLUDING SUPPLYING A COMMUNITY CENTER

09:31:06 OUT OF OUR SITE.




09:31:07 WE WANT TO CARVE OUT 1,000 SQUARE FEET AND PROVIDE COMMUNITY

09:31:11 MEETING SPACE.

09:31:11 WE THINK WANT TO PROVIDE A MURAL ON THE BUILDING, PROVIDED

09:31:15 BY THE NEIGHBORHOOD.

09:31:16 WE WANT TO PROVIDE THE COMMUNITY GROUPS WITH STORAGE UNITS,

09:31:21 SO WE AGREED TO GIVE SOME FREE STORAGE UNITS.

09:31:23 AND IF THEY WANTED, WE WOULD SUPPLY ADDITIONAL BUFFERING IN

09:31:27 THE BACK.

09:31:30 WITH THAT I AM DONE.

09:31:31 [BELL SOUNDS]

09:31:32 >>LUIS VIERA: THANK YOU.

09:31:32 APPRECIATE IT.

09:31:33 ANY QUESTIONS FOR THE APPLICANT AT THIS TIME BEFORE WE GO TO

09:31:35 PUBLIC COMMENT?

09:31:36 OKAY.

09:31:36 IF YOU ARE HERE TO COMMENT ON THIS ITEM, PLEASE COME

09:31:39 FORWARD, STAND UP.

09:31:42 LINE UP AND LET'S BEGIN.

09:31:44 AND JUST SO WE KNOW HOW MANY FOLKS ARE GOING TO BE SPEAKING,

09:31:48 IF YOU COULD RAISE YOUR HAND.

09:31:50 OKAY.

09:31:51 GO AHEAD IF YOU ARE GOING TO BE SPEAKING.

09:31:52 GO AHEAD AND LINE UP IF YOU CAN UP AGAINST THE WALL.

09:31:55 GO AHEAD.

09:31:56 YOU MAY BEGIN.




09:31:57 >> GOOD EVENING, COUNCIL.

09:31:59 MY NAME IS STAN LASSITER, I RESIDE AT 913 EAST NEW ORLEANS

09:32:06 AVENUE AND THE CURRENT PRESIDENT FOR SOUTHEAST SEMINOLE

09:32:07 HEIGHTS, THE NEIGHBORHOOD WHERE THIS STORAGE FACILITY IS

09:32:11 GOING.

09:32:12 I HAVE WORKED WITH MOST OF YOU IN SOME CAPACITY FOR MANY

09:32:15 YEARS.

09:32:15 I HAVE BEEN IN MY HOME ACTUALLY LONG ENOUGH TO PAY IT OFF.

09:32:19 I WROTE MY FINAL PAYMENT LAST NIGHT.

09:32:21 SO I HAVE BEEN THERE FOR QUITE SOME TIME AND I AM VERY

09:32:24 EXCITED ABOUT THAT.

09:32:25 SO I AM VERY VESTED IN THE NEIGHBORHOOD.

09:32:28 AND I HAVE TO SAY IF YOU GUYS HAVE WORKED IN SEMINOLE

09:32:30 HEIGHTS, WHICH I KNOW MOST OF YOU HAVE, YOU KNOW THAT WE ARE

09:32:33 VERY VOCAL, WE ARE VERY COMMITTED, AND WE HAVE COMMUNICATE

09:32:38 WITH OUR NEIGHBORS AND WE WORK TOGETHER.

09:32:40 SO WHEN THEY PROJECT CAME UP WITH THE GOOD NEIGHBOR NOTICE I

09:32:43 POSTED IT ON FACEBOOK, SENT IT OUT ON E-MAILS, TOOK IT TO

09:32:47 MEETINGS, LET EVERY NEIGHBOR KNOW ABOUT IT AND I HAVE TO SAY

09:32:50 WITH THE EXCEPTION OF ONE PERSON, NOT ONE PERSON HAD BEEN

09:32:52 FOR THIS PROJECT.

09:32:54 HOWEVER, I HAVE TO SAY THAT AS A NEIGHBORHOOD ASSOCIATION,

09:32:57 WE DO RESPECT AND WE DO VALUE PROPERTY OWNERS' RIGHTS AND WE

09:33:02 KNOW THAT WITH CURRENT ZONING WE KNOW THAT AN AIR

09:33:06 CONDITIONED FACILITY IS ALLOWED THERE FOREGOING THOSE




09:33:11 WAIVERS.

09:33:12 AND I HAVE TO HAVE SAY THE NEIGHBORHOOD, WE DID REACH OUT TO

09:33:14 THE PROPERTY, THE OWNER, CURRENT OWNER THAT'S SELLING.

09:33:18 WE DID GET IN CONTACT WITH THE STORAGE FACILITY AS WELL.

09:33:21 MR. BONIA DID COME IN.

09:33:24 HE IT PRESENTED TO OUR NEIGHBORHOOD ASSOCIATION, ADDRESSED

09:33:26 ANY QUESTIONS HE HAD AND CONCERNS, AND THEY DID OFFER THE

09:33:29 COMMUNITY'S SPACE FOR THE NEIGHBORHOOD SINCE THE CITY TOOK

09:33:32 THE KMC BUILDING FROM US WE DO NOT VERY MUCH A COMMUNITY

09:33:36 CENTER, A REC CENTER, ANYTHING LIKE THAT. SO MEETING SPACE

09:33:39 IS LIMITED.

09:33:39 SO THAT WAS SOMETHING VERY ATTRACTIVE TO THE NEIGHBORHOOD.

09:33:44 THEY DID OFFER LIKE HE SAID THE UPGRADES, THINGS LIKE THAT.

09:33:48 THE ONE THING THAT I AM CONCERNED WITH TONIGHT IS HEARING

09:33:51 THAT THIS 185,000-DOLLAR PAYMENT WILL NOT IMPACT OUR

09:33:56 NEIGHBORHOOD WHATSOEVER.

09:33:58 MAKES ME A LITTLE UPSET, BECAUSE THIS DOES IMPACT OUR

09:34:01 IMMEDIATE NEIGHBORHOOD.

09:34:02 SO IF THE MONEY IS GETTING COLLECTED FROM THE CITY, YOU CAN

09:34:05 BET THAT SEMINOLE HEIGHTS IS GOING TO HAVE A SEAT AT THE

09:34:08 TABLE AND WE ARE GOING TO DEMAND THAT THE MONEY BE SPENT IN

09:34:10 OUR NEIGHBORHOOD BECAUSE THAT'S THE PEOPLE BEING IMPACTED.

09:34:13 WHETHER IT'S FIXING OUR PARKS, PUTTING IN SIDEWALKS, YOU

09:34:16 KNOW, GETTING BETTER LIGHTING ON OUR STREETS, THINGS LIKE

09:34:19 THAT.




09:34:20 WE WILL WANT THAT MONEY IN OUR NEIGHBORHOOD.

09:34:22 34th STREET, IT SOUNDS LIKE IT'S 20 BLOCKS AWAY.

09:34:25 WE ARE TALKING IT'S MAILS AWAY.

09:34:27 SO THAT'S NOT GOING TO BE ACCEPTABLE FOR US TO ACTUALLY WANT

09:34:31 TO MOVE FORWARD WITH THIS.

09:34:32 [BELL SOUNDS]

09:34:32 AND LIKE I SAID, WE ARE ALL FOR WORKING WITH THEM, AND

09:34:37 WORKING AND BEING GOOD NEIGHBORS WITH THEM AND WELCOME THEM

09:34:41 TO THE NEIGHBORHOOD.

09:34:42 BUT I JUST WANT TO MAKE SURE THAT IT'S GOING TO BE SOMETHING

09:34:44 THAT'S GOING TO BENEFIT OUR NEIGHBORHOOD AND IT'S GOING TO

09:34:47 BE SOMETHING THAT'S LONG-TERM AND BENEFICIAL FOR ALL OF US.

09:34:50 THANK YOU.

09:34:50 >>LUIS VIERA: THANK YOU VERY MUCH, SIR.

09:34:52 NEXT, PLEASE.

09:34:52 >> MY NAME IS ANTHONY DEPAULO.

09:34:59 I'M THE CURRENT PROPERTY OWNER AT 1203 EAST HILLSBOROUGH

09:35:03 AVENUE, IN THE HOUSE THAT'S RIGHT NEXT TO IT.

09:35:05 IT'S THE EAST SIDE.

09:35:06 I DIDN'T COME PREPARED.

09:35:07 I HAVE MY PHONE HERE.

09:35:09 I THINK IT MAY WORK UP HERE.

09:35:11 I CAN SHOW YOU.

09:35:14 BUT I JUST WANT TO SHARE SOME OF MY CONCERNS WITH YOU ABOUT

09:35:18 THIS SITUATION.




09:35:21 MY DAD OPENED THIS COMPANY IN 1986.

09:35:25 IT'S ORIGINALLY CITY PAWN.

09:35:27 HE PASSED AWAY IN 2009 AND I TOOK IT OVER.

09:35:30 AND SINCE 2011 UNTIL NOW, YOU KNOW, I HAVE GONE -- I PUT A

09:35:34 LOT OF TIME AND ENERGY IN THIS BUSINESS SO I DO HAVE A

09:35:37 GENUINE CONCERN WITH THE ACTUAL LOCATION OF THIS SITE PLAN.

09:35:42 RIGHT NOW, THE SITE PLAN IS 10 FEET AWAY FROM HILLSBOROUGH

09:35:49 AVENUE.

09:35:49 THIS RIGHT HERE IS MY BUILDING.

09:35:51 AND UNFORTUNATELY THIS LITTLE BLUE THING THAT I WROTE DOWN

09:35:54 THE STOREFRONT, MY STOREFRONT ACTUALLY FACES 12th

09:35:58 STREET.

09:35:59 AND WHAT IT'S GOING TO DO ESSENTIALLY IS BLOCK THE WHOLE

09:36:03 WEST FLOW OF TRAFFIC COMING, THE VISIBILITY MUCH MY

09:36:08 STOREFRONT, WHICH CONCERNS ME.

09:36:11 I'M ALREADY BLOCKED FROM THE OPPOSITE SIDE, WHICH WAS THE

09:36:15 BUILDING HERE, THE MASSAGE PARLOR.

09:36:19 SO THAT'S A BIG CONCERN, THE TIME AND ENERGY THAT I PUT INTO

09:36:22 THE SHOP.

09:36:24 AT THE VERY LEAST, I WOULD RESPECTFULLY REQUEST THAT THEY

09:36:29 ALTER THE SITE PLAN TO AT LEAST MOVE THE PARKING FROM THE

09:36:33 BACK IF THIS IS APPROVED TO THE FRONT, TO REALLY NOT AFFECT

09:36:37 THE VISIBILITY.

09:36:40 AT THE SAME TIME, I DO HAVE SOME CONCERNS WITH THE FLOW OF

09:36:43 TRAFFIC COMING OUT OF THE REAR END AND THE 12TH STREET.




09:36:48 HE DID MENTION THAT HE WAS GOING TO PUT A SIGN SAYING PRETTY

09:36:51 MUCH FORCING THE TRAFFIC TO COME OUT ONTO HILLSBOROUGH

09:36:55 AVENUE.

09:36:55 THERE IS REALLY NO WAY TO CONTROL THAT.

09:37:00 SO THAT IS A CONCERN FOR ME BECAUSE THIS IS MY HOUSE TOO

09:37:03 RIGHT HERE.

09:37:07 CURRENTLY ABOUT 850% FINISHED WITH THAT AND I HAVE A WIFE

09:37:10 HERE NOW WITH TWO CHILDREN.

09:37:12 THIS WILL DIRECTLY AFFECT US SIGNIFICANTLY.

09:37:15 AND I DON'T REALLY KNOW HOW.

09:37:18 I DON'T REALLY SEE A BENEFIT COMPLETELY IN TERMS OF THE

09:37:21 ACTUAL LOCATION OF WHERE THIS BUILDING IS BEING BUILT.

09:37:25 IT IS A PRETTY RADICAL CHANGE IN TERMS OF 84,000 SQUARE FEET

09:37:29 AND IT'S THREE STORIES, AND I'M A 4,000 SQUARE FOOT

09:37:32 BUILDING, STAND-ALONE BUILDING.

09:37:34 SO I FELT OBLIGATED TO SHARE MY CONCERNS WITH YOU TODAY.

09:37:37 I WOULD APPRECIATE YOUR CONSIDERATION.

09:37:39 THANK YOU.

09:37:40 >>LUIS VIERA: THANK YOU VERY MUCH, SIR.

09:37:41 NEXT, PLEASE.

09:37:42 >> MY NAME IS ELLIE.

09:37:47 I LIVE AT 1316 EAST ELLICOTT.

09:37:50 I'M HERE.

09:37:51 I AM JUST TO BE CLEAR A MEMBER OF THE SOUTHEAST SEMINOLE

09:37:54 HEIGHTS BOARD.




09:37:55 HOWEVER, TONIGHT I SPEAK JUST FOR MYSELF.

09:37:58 I DO BELIEVE THAT SOME OF YOU HAVE GOTTEN SOME E-MAILS FROM

09:38:02 SOME OF MY NEIGHBORS WHO COULDN'T ATTEND TONIGHT.

09:38:04 I HAVE TO TELL YOU A LITTLE SHOP, SEMINOLE HEIGHTS IS A

09:38:07 BLIGHTED AREA BECAUSE IF ANYONE HAS BEEN THERE LATELY WE ARE

09:38:10 DEFINITELY UP AND COMING.

09:38:11 WE ARE GROWING.

09:38:12 AND THIS FACILITY REQUESTED PARTICULARLY ONE THIS SIZE THAT

09:38:16 EXITS RIGHT NEXT TO A PARK IS A REAL CONCERN FOR US.

09:38:20 IN THIS NEIGHBORHOOD, WE HAVE BATTLED TO MOVE TOWARDS A MORE

09:38:23 PROGRESSIVE NEIGHBORHOOD.

09:38:25 WE HAVE GOT A PARK RIGHT THERE.

09:38:27 THE LAST TWO YEARS, WE HAVE GONE THROUGH A LOT OF INITIALS

09:38:30 SOUTHEAST SEMINOLE HEIGHTS.

09:38:32 WE ARE REALLY TRYING TO PULL THE COMMUNITY TOGETHER AND TO

09:38:34 HAVE A BIG FACILITY LIKE THIS WITH A DRIVEWAY, OFF OF A

09:38:37 MINOR ROAD NEXT TO A LARGE PARK IS A REAL ISSUE.

09:38:42 FOR A MASSIVE BUILDING SUCH AS THIS IT ENDANGERS PEDESTRIANS

09:38:45 AND SUPPORTS A STRICTLY INDUSTRIAL USE.

09:38:48 THE TAXPAYERS HAVE ALREADY MADE A SUBSTANTIAL PUBLIC

09:38:50 INVESTMENT TO FACILITATE URBAN DEVELOPMENT AND I AM NOT SURE

09:38:53 WHY WE ARE GOING BACKWARDS.

09:38:56 WE HAVE BEEN TOLD BY THE DEVELOPER THAT THEY ARE GOING TO

09:38:57 BUILD NO MATTER THE OUTCOME OF TONIGHT.

09:39:00 BASICALLY WE ARE WASTING OUR TIME GETTING UP HERE.




09:39:03 THEY HAVE SHOWN OFFERS TO FREE STORAGE OFFERS AND FREE

09:39:07 MEETING UNIT TO DISCOURAGE US FROM SPEAKING TONIGHT BUT I

09:39:10 DON'T BELIEVE THIS IS THE ACTION OF A GOOD NEIGHBOR.

09:39:12 THE PEOPLE IN SOUTHEAST SEMINOLE HEIGHTS, WE ARE NOT

09:39:15 INTERESTED IN A MASSIVE INDUSTRIAL STRUCTURE THAT EXITS ONTO

09:39:18 A ROAD THAT HAS ITS LARGEST PARK WHEN WE ARE TRYING TO GET

09:39:21 OUR COMMUNITY TO COME BACK TOGETHER.

09:39:23 AND SO I JUST ASK ON BEHALF OF MYSELF AND MY NEIGHBORS THAT

09:39:27 YOU WOULD OPPOSE THIS REQUEST.

09:39:30 THANKS.

09:39:30 >>LUIS VIERA: THANK YOU VERY MUCH, MA'AM.

09:39:31 NEXT, PLEASE.

09:39:32 >> GOOD AFTERNOON.

09:39:39 OR GOOD EVENING.

09:39:43 BE MORE THAN BY THE TIME WE GET OUT OF HERE.

09:39:45 MY NAME IS JULIE HARRIS.

09:39:46 ME AND MY HUSBAND ARE THE OWNERS OF THIS PROPERTY.

09:39:50 AND WE ARE GOOD NEIGHBORS.

09:39:58 MY HUSBAND PURCHASED THIS PROPERTY IN 1992.

09:40:01 SO -- TO GO OVER IT BRIEFLY, THIS IS A CURRENTLY -- DOCTOR.

09:40:09 THIS DOCTOR'S OFFICE BUILT A GERIATRIC MEDICINE NEXT DOOR.

09:40:14 AND WE PURCHASED THE PROPERTY IN 1992 ON HILLSBOROUGH

09:40:25 AVENUE.

09:40:28 WE WANT A RESTAURANT.

09:40:29 WE WANT RETAIL.




09:40:32 WE HAD THAT THERE.

09:40:33 I HAD A COFFEE SHOP ON EAST HILLSBOROUGH AVENUE.

09:40:36 WE WERE THERE FOR ALMOST THREE YEARS.

09:40:38 THE NEIGHBORHOOD DID NOT SUPPORT IT.

09:40:41 MY COMMERCE CAME FROM SOUTH TAMPA.

09:40:44 THEY CAME FROM CARROLLWOOD.

09:40:46 A HANDLE FULL OF THEM MAY HAVE COME FROM THE NEIGHBORHOOD.

09:40:48 BUT WE TRIED TO BE NEIGHBORHOOD RETAIL THERE.

09:40:51 WE START ADD RESTAURANT THERE.

09:40:53 SMALL RESTAURANT, COFFEE SHOP.

09:40:55 NO CUSTOMERS.

09:40:56 WE WOULD OPEN AT FOUR IN THE MORNING AND HAVE CALLS FROM THE

09:41:03 POLICE DEPARTMENT.

09:41:04 NEXT DOOR, WE HAVE AUTOMOBILES, AUTOMOTIVE USES.

09:41:08 THEY LEFT.

09:41:09 THEY GOT TIRED OF THE HARASSMENT OF THE PROSTITUTION IN THE

09:41:13 NEIGHBORHOOD AND THE HOMELESS, CROSSING THE PROPERTY AND

09:41:16 THEY MOVED.

09:41:19 AGAIN WE HAVE THE DOCTOR'S.

09:41:22 THIS BUILDING WAS ORIGINALLY BUILT AS A GAS STATION.

09:41:25 THERE WAS ALSO WE OWNED IT AS THE AREA SHOP AND MORTUARY,

09:41:30 AND A USED CAR SALES.

09:41:32 NO ONE STAYS.

09:41:35 IN THE BACK WE DID HAVE A COMPANY.

09:41:39 THIS IS HOW THEY KEPT THE PROPERTY.




09:41:41 WE EVICTED THEM.

09:41:42 THIS IS OPEN STORAGE AUTOMOTIVE REPAIR.

09:41:46 I DON'T KNOW WHERE THE NEIGHBORHOOD OUTRAGING WAS WHEN WE

09:41:50 HAD THIS BUSINESS IN THE BACK.

09:41:51 MY HUSBAND AND I WERE OUTRAGED AND WE EVICTED THEM.

09:41:57 WE HAVE PROBLEMS IN THE NAME WITH CRIME.

09:41:59 WE ARE CONSTANTLY BEING BROKEN INTO.

09:42:02 THE NEIGHBORS MAY NOT WANT TO HEAR THAT.

09:42:05 TWO WEEKS AGO MY HUSBAND AND I OR A FEW MONTHS AGO MY

09:42:09 HUSBAND AND I WERE VISITING THE PROPERTY.

09:42:10 WE WALKED IN.

09:42:11 WE HAD SOMEBODY STEALING.

09:42:14 THIS MORNING AT 7:00 THIS MORNING THE ALARM GOES OFF.

09:42:17 I HAD HOMELESS PEOPLE CAMPED OUT.

09:42:19 WE HAVE ILLEGAL DUMPING.

09:42:21 WE HAVE PROSTITUTION.

09:42:23 AND MOTEL ACROSS THE STREET.

09:42:26 MANY OF YOU HEARD ME ON THIS.

09:42:27 YOU KNOW, I CALLED CITY COUNCIL NUMEROUS TIMES.

09:42:30 WE HAVE PROSTITUTES UP AND DOWN THE STREETS.

09:42:32 THEY COME TO OUR BUSINESS.

09:42:34 THEY HARASS OUR TENANTS.

09:42:38 SOMETHING HAS TO CHANGE THERE.

09:42:39 [BELL SOUNDS]

09:42:40 >>LUIS VIERA: THANK YOU VERY MUCH, MA'AM.




09:42:41 WE APPRECIATE YOUR TIME.

09:42:43 NEXT, PLEASE.

09:42:43 >> I WOULD LIKE TO SUBMIT THIS FOR THE RECORD, PLEASE.

09:42:48 >> MY NAME IS NORMA BOTRAE, 4099 HILLSBOROUGH AVENUE.

09:43:01 I WORK FOR JULIE HARRIS LONDON FOR A LITTLE OVER A YEAR.

09:43:07 WHILE THIS MAY NOT BE THE BEST SOLUTION, IT CERTAINLY HAS

09:43:15 BEEN, I THINK FOR THE NEIGHBORHOOD, HAS A LOT MORE TO BRING

09:43:20 FOR THE NEIGHBORHOOD, THE PROPOSED MEETING FACILITY.

09:43:28 I'M SURE IF THEY GO FORWARD IN WORKING WITH THE NEIGHBORHOOD

09:43:32 AS FAR AS THE PART TOWARDS GETTING -- IF THEY WORK TOGETHER,

09:43:44 I'M SURE THEY CAN MAKE THIS INSTEAD OF AN EYESORE, WHICH

09:43:48 MANY HAVE COMPLAINED, AND INCLUDING THE MURAL THAT THEY

09:43:55 PROPOSE.

09:43:58 SO RIGHT NOW I THINK IT'S THE BEST SOLUTION THAT HAS BEEN

09:44:02 BROUGHT FORWARD FOR THAT PLACE, AND A SOLUTION THAT IS

09:44:07 WILLING TO WORK WITH THE NEIGHBORHOOD AS OPPOSED TO A FAST

09:44:13 FOOD, THEY WANTED ALSO, FOR EXAMPLE, GAS STATION.

09:44:23 I CAN'T SEE A GAS STATION WILLING TO SUBMIT OR PROPOSE A

09:44:29 MEETING PLACE FOR THE NEIGHBORHOOD ASSOCIATION.

09:44:34 SO FOR ME, THIS, ALTHOUGH IT MIGHT NOT BE THE BEST SOLUTION,

09:44:38 IT IS CERTAINLY COME FORWARD WITH THEM WANTING TO COOPERATE

09:44:45 WITH THE NEIGHBORHOOD.

09:44:46 SO I LOOK FORWARD TO THIS BEING APPROVED.

09:44:50 BY COUNCIL.

09:44:51 THANK YOU.




09:44:51 >>LUIS VIERA: THANK YOU VERY MUCH, MA'AM.

09:44:52 NEXT, PLEASE.

09:44:53 >> CASSANDRA MILLER.

09:44:57 I LIVE AT 1122 EAST IDA STREET 33603.

09:45:03 I LIVE IN SOUTHEAST SEMINOLE HEIGHTS.

09:45:04 ACTUALLY CONVENIENTLY LOCATED NEXT TO ME IS ANOTHER ENORMOUS

09:45:08 STORAGE UNIT, LIFE STORAGE, ON MLK RIGHT THERE ABOUT A MILE

09:45:12 FROM THE ONE THAT THEY ARE PROPOSING CURRENTLY.

09:45:14 SO I'M SURE THEY WANT TO BE HERE BECAUSE IT IS VERY

09:45:19 PROFITABLE AS A BUSINESS, LOW COST DO MAINTAIN, FEW

09:45:23 EMPLOYEES, AND HIGH RETURNS.

09:45:25 BUT IS IT GOOD FOR US?

09:45:28 WE HAVE ENORMOUS STORAGE UNITS.

09:45:30 WE ACTUALLY HAVE ANOTHER ONE .4 MILES FROM THAT ONE SO I'M

09:45:34 NOT SURE THERE'S THIS HUGE NEED ESPECIALLY WHEN IT DOESN'T

09:45:37 KEEP JOBS LONG-TERM.

09:45:38 SIX MONTHS WE HAVE GOT JOBS.

09:45:39 AFTER THAT NOT SO MUCH.

09:45:42 I WANT TO GO OFF WITH SOMETHING THAT THE SPEAKER BEFORE ME

09:45:45 SAID.

09:45:47 IT WAS BROUGHT TO HER ATTENTION THAT FAST FOODS WERE PRINT

09:45:52 INTERESTED AND FOR US THAT'S GREAT, WE NEED FAST CASUAL

09:45:56 DINING.

09:45:57 IT IS LOW INCOME.

09:45:58 THERE ARE A LOT OF REALLY WONDERFUL RESTAURANTS COMING IN




09:46:00 BUT IT'S LIKE FIFTY BUCKS A PLACE SO FAST CASUAL DINING IS

09:46:03 IMPORTANT FOR A LOT OF US WHO LIVE THERE.

09:46:05 I HAVE CHILDREN ACTUALLY.

09:46:06 I HAVE TWO OF CHILDREN.

09:46:07 A SIX-YEAR-OLD NOW.

09:46:08 AND I HAVE SERIOUS SAFETY CONCERNS ABOUT GIANT TRUCKS

09:46:14 BACKING INTO THAT 12th STREET ENTRANCE, DOG PARK IS

09:46:19 RIGHT THERE AS WELL.

09:46:20 WE LOVE THESE PARKS.

09:46:23 WE MADE A LOT OF INVESTMENTS IN THE PAST TWO YEARS AND WE

09:46:26 CAME TOGETHER AS A COMMUNITY AFTER BIG TRAGEDIES.

09:46:29 I KNOW YOU GUYS ARE SUPER TIRED BUT I WOULD REALLY, REALLY

09:46:32 ENCOURAGE YOU TO DENY THIS REQUEST.

09:46:35 I ESPECIALLY STAND BEFORE YOU AND ASK THIS OF YOU AND I AM

09:46:39 GOING TO KEEP IT BRIEF SO WE CAN GO HOME.

09:46:41 >>LUIS VIERA: THANK YOU VERY MUCH, MA'AM.

09:46:45 NEXT, PLEASE.

09:46:45 >> I'M SHARON STEWART, AND I JUST WANTED TO SUPPORT THIS

09:46:54 PROPOSAL.

09:46:55 I DO A LOT OF COMMERCIAL REAL ESTATE IN TAMPA, AND I ALWAYS

09:46:58 HAVE TO LOOK AT HIGHEST AND BEST USE.

09:47:01 WHEN I EITHER WORK WITH A BUYER OR A SELLER.

09:47:05 ULTIMATELY, THAT'S WHAT GETS THE CONTRACT IS THAT YOU COME

09:47:09 TO AN AGREEMENT ON HIGHEST AND BEST.

09:47:12 WE HAVE HAD OFFERS ON THIS PROPERTY THAT ARE FAST FOODS,




09:47:16 DRIVE-THROUGHS.

09:47:18 THAT WOULD ONLY CREATE MORE TRAFFIC ON 12th AND GIDDENS

09:47:21 AND BRING AN ELEMENT TO THE AREA THAT IT COULD BE DAMAGING

09:47:25 TO THE COMMUNITY.

09:47:27 THERE IS -- THE ZONING IS IN PLACE FOR STORAGE.

09:47:31 THE ZONING IS IN PLACE FOR DRIVE-THROUGH.

09:47:34 THE ZONING IS IN PLACE.

09:47:36 WE HAVE COMPANIES WHO WANT TO COME IN AND PUT JUST AIR

09:47:39 CONDITIONING REBUILDING AIR CONDITIONERS THERE.

09:47:42 AND I DON'T THINK THAT WOULD ENHANCE THE HISTORIC VALUE OF

09:47:45 SEMINOLE HEIGHTS.

09:47:46 AND WHEN WE LOOK AT THEIR PUTTING A STORAGE FACILITY IN

09:47:51 THERE, THERE HAS BEEN A DEMAND, AND THESE GUYS HAVE DONE

09:47:54 THEIR HOMEWORK.

09:47:55 I MEAN, THEY ARE PART OF A HUGE ORGANIZATION, AND THEY DON'T

09:47:58 DO ANYTHING WITHOUT CROSSING THE Ts AND DOTTING THEIR

09:48:03 Is.

09:48:03 THE TRAFFIC ON 12TH, I WANT TO POINT OUT, IS COMMERCIAL

09:48:07 TRAFFIC ANYWAY.

09:48:09 SO THAT EXIT THAT YOU SEE THAT DIRECTS THE EGRESS BACK OUT

09:48:14 TO HILLSBOROUGH, IT WOULD BE THERE REGARDLESS, WHETHER IT'S

09:48:20 STORAGE, OR WHETHER IT'S FAST FOOD, OR WHETHER IT'S AN AIR

09:48:23 CONDITIONING COMPANY.

09:48:24 IT IS 90% COMMERCIAL.

09:48:28 AND EVEN WITH THE PAWN SHOP, THEY USE IT FOR EGRESS.




09:48:31 SO I JUST HOPE THAT YOU SEE THE BIG PICTURE.

09:48:35 YES, THEY ARE ASKING FOR A LITTLE BIT OF A VARIANCE, BUT I

09:48:38 DON'T THINK IT'S UNREASONABLE IN LIGHT OF WHAT THEY CAN DO.

09:48:42 THEY WANTED TO PUT THE MURAL TO KEEP THE SEMINOLE HEIGHTS

09:48:46 NOSTALGIA THERE.

09:48:47 THEY ARE TALKING TO THE COMMUNITY.

09:48:49 THEY ARE GIVING THEM SPACE, MEETING SPACE, AND THEY WANT TO

09:48:52 BE A GOOD COMMUNITY.

09:48:54 AND WITH THAT, I JUST HOPE YOU DO GIVE THEM SERIOUS

09:48:57 CONSIDERATION.

09:48:57 THANK YOU.

09:48:58 >>LUIS VIERA: THANK YOU, MA'AM.

09:48:59 ANYONE ELSE HERE FOR PUBLIC COMMENT?

09:49:01 OKAY.

09:49:02 MR. GRANDOFF, REBUTTAL?

09:49:05 >>JOHN GRANDOFF: CAN YOU HOLD MY TIME?

09:49:06 I WOULD LIKE TO GET THE PHOTOGRAPHS THAT MS. HARRIS FILED.

09:49:09 >>LUIS VIERA: SURE.

09:49:14 AND WHILE -- BEFORE YOU BEGIN, COUNCILMAN GUDES HAS A

09:49:19 QUESTION FOR YOU.

09:49:22 BEFORE WE TAKE AWAY FROM YOUR TIME.

09:49:24 GO AHEAD, SIR.

09:49:26 >>ORLANDO GUDES: MR. GRANDOFF, I HAVE A LOT OF PROBLEMS WITH

09:49:28 THE PETITION REFERENCE TO THE COMMUNITY, SPACE, AND ALL

09:49:33 THESE OTHER AMENITIES THEY ARE TALKING ABOUT.




09:49:36 I DON'T SEE YOUR SITE PLAN.

09:49:38 SO MUCH I DON'T KNOW HOW WE ARE TALKING ABOUT -- WHERE IS

09:49:43 ALL OF THIS ON THE SITE PLAN TO BE DONE THAT I CAN SEE?

09:49:46 >>JOHN GRANDOFF: THERE'S A REASON FOR THAT.

09:49:51 THE SITE PLAN WAS FINALIZED A FEW WEEKS AGO.

09:49:54 WE MET WITH THE NEIGHBORHOOD TUESDAY EVENING.

09:49:56 AND HAD A DISCUSSION AT SEMINOLE HEIGHTS UNITED METHODIST

09:50:00 CHURCH TO DISCUSS WHAT THEIR DESIRES WERE.

09:50:05 FROM THAT MEETING, A CONFIRM LETTER TO MR. LASSITER ABOUT

09:50:12 PAINTING THE MURAL ON THE WESTERN FACE OF THE BUILDING.

09:50:17 THE COMMUNITY CENTER, 1,000 SQUARE FEET OF SPACE FOR THE

09:50:21 COMMUNITY.

09:50:22 THE FREE SPACE FOR STORAGE FOR THE COMMUNITY.

09:50:26 THE ADDITIONAL BUFFERING ON THE SOUTH BOUNDARY LINES.

09:50:30 SO THAT CAME TOGETHER THIS WEEK.

09:50:32 WE CANNOT REVISE THE SITE PLAN AT THAT STAGE OF THE PROCESS

09:50:36 UNTIL WE BRING THE MATTER TO YOU TONIGHT.

09:50:38 WE CAN DO IT BETWEEN FIRST AND SECOND READING AND WE PROPOSE

09:50:42 TO DO THAT.

09:50:43 AS TO THE COMMUNITY SPACE, THE CODE, THE PUBLIC USE SPACE,

09:50:54 3.3 PARKING SPACES -- I DON'T KNOW HOW I GOT 3.3, BUT 3.3

09:51:00 PARKING SPACES PER 1,000 SQUARE FEET.

09:51:02 SO FOR THE THOUSAND SQUARE FEET THAT WE ARE GOING TO

09:51:05 DEDICATE TO THE NEIGHBORHOOD FOR FREE, WE HAVE TO ALLOCATE

09:51:08 THREE PARKING SPACES.




09:51:10 I MENTIONED TO YOU THE HOURS OF OPERATION.

09:51:13 THE BUILDING IS GOING TO CLOSE AT 6:00.

09:51:15 THE NEIGHBORHOOD WILL PROBABLY BE MEETING AFTER 6:00.

09:51:18 SO WHEN THE STORAGE CENTER IS CLOSED, WE ARE GOING TO HAVE

09:51:23 22 PARKING SPACES AVAILABLE TO MEET THE REQUIRED FOUR SPACES

09:51:28 THAT WE NEED TO PROVIDE, AND WE COULD PUT THAT IN THE SITE

09:51:31 PLAN CONDITION.

09:51:33 STAN IS WILLING TO PROVIDE A DEDICATED ENTRANCE OFF OF 12TH

09:51:36 STREET FOR THE NEIGHBORHOOD TO COME IN, HAVE THEIR MEETING

09:51:38 IN THE 1,000 SQUARE FEET, PARK IF NECESSARY, HOPEFULLY MANY

09:51:41 OF THEM WILL WALK.

09:51:43 HE IS GOING TO TALK TO A MURAL PAINTER WHO CAME TO THE

09:51:47 MEETING TUESDAY NIGHT.

09:51:48 SHE WANTS TO PAINT THE MURAL.

09:51:50 STAN WANTS TO INVESTIGATE THAT.

09:51:53 IT WILL IMPACT THE INTEGRITY OF THE BUILDING.

09:51:55 HOW WILL IT BE DONE?

09:51:56 WHAT WILL BE THE MATERIALS?

09:51:57 SO WE ARE GOING DOWN THOSE TRAILS ALSO TO IMPROVE THE

09:52:00 NEIGHBORHOOD AS WELL.

09:52:01 SO THAT'S A LONG ANSWER.

09:52:03 IT DIDN'T COME TOGETHER TILL THIS WEEK WHEN WE HAD AN

09:52:05 OPPORTUNITY TO ENGAGE THE NEIGHBORHOOD.

09:52:06 >>LUIS VIERA: THANK YOU, SIR.

09:52:09 YOU MAY BEGIN YOUR REBUTTAL.




09:52:10 >>JOHN GRANDOFF: SO WHAT I WANTED TO MENTION WAS OF THIS

09:52:17 PICTURE, THIS IS WHAT HILLSBOROUGH AVENUE HAS BEEN FOR

09:52:26 YEARS.

09:52:26 THE SEMINOLE HEIGHTS OVERLAY DISTRICT PASSED IN ORDER TO

09:52:34 STOP THIS.

09:52:34 AND NOW THE SETBACK BY CODE IN THE SEMINOLE HEIGHTS CI

09:52:40 DISTRICT, BUILDING PLACEMENT, PRIMARY BUILDING, PRINCIPAL

09:52:46 BUILDING, FRONT 10 FEET.

09:52:50 THEY WANT THE BUILDING PUSHED TO THE FRONT TO CREATE A

09:52:53 STREETSCAPE LIKE YOU HAVE ON HOWARD AVENUE, AND THE PARKING

09:52:56 IN THE BACK.

09:52:58 THAT'S THE HOWARD AVENUE OVERLAY DISTRICT.

09:53:01 IF YOU NOTICE, NEW BUILDINGS ON HOWARD AVENUE HAVE NOW BEEN

09:53:04 PUSHED TO THE FRONT, THE PARKING TO THE REAR, SEMINOLE

09:53:09 HEIGHTS IN TAMPA TO GET TO SAME DEVELOPMENT PATTERN AND

09:53:12 AVOID THESE PARKING LOTS IN THE FRONT IN WHICH WHAT HAS

09:53:15 BLIGHTED HILLSBOROUGH AVENUE FOR MANY YEARS.

09:53:17 AND WE WANT TO PUT A STOP TO THAT.

09:53:22 I WILL RESEARCH WHETHER THE IMPACT MONEY, THE $184,000 CAN

09:53:25 BE PLACED SOMEWHERE ELSE.

09:53:27 AS WE READ THE CODE IT HAS TO BE PLACED UNANIMOUS CAPITAL

09:53:30 IMPROVEMENT PROJECT DICTATED BY TRANSPORTATION DEPARTMENT.

09:53:33 WE WERE GIVEN A CHOICE OF THREE.

09:53:34 WE PICKED 34th STREET WHICH IS THE CLOSEST.

09:53:37 I WILL LOOK AND SEE IF WE CAN PIPE LANE IT RATE TO THIS




09:53:39 NEIGHBORHOOD.

09:53:40 GREAT IDEA.

09:53:41 I DON'T KNOW IF THE ORDINANCE ALLOWS THAT.

09:53:44 STAN IS WILLING TO DO THAT IF WE CAN DO THAT.

09:53:47 AGAIN, THIS IS A PERMITTED USE.

09:53:53 THE DRIVEWAYS ARE STILL ON 12TH STREET.

09:53:55 THE GENTLEMAN THAT HAS THE PAWN SHOP ACROSS THE STREET,

09:53:58 ACCESSES HIS PROPERTY FROM 12TH STREET TO COMMERCIAL USE.

09:54:01 THERE WILL BE LESS TRAFFIC GENERATED BY THIS PROJECT WHICH

09:54:05 JUSTIFIES THE PARKING WAIVER.

09:54:07 AND STAN IN HIS EXPERIENCE OF MANY, MANY YEARS TOLD ME AND

09:54:11 I'M TELLING YOU THAT 80% OF HIS CUSTOMERS ARE RESIDENTIAL

09:54:16 USERS.

09:54:16 IT'S NOT AN INDUSTRIAL USE, NOT AN INDUSTRIAL WAREHOUSE.

09:54:22 PARDON ME FOR A MOMENT.

09:54:33 I WILL GIVE THIS BACK TO MR. SHELBY.

09:54:39 I WOULD LIKE TO FINISH EARLY.

09:54:41 THAT IS ALL WE HAVE.

09:54:42 WE ESPECIALLY REQUEST YOUR APPROVAL THIS EVENING.

09:54:44 WE WOULD LIKE TO IMPLEMENT THESE CHANGES BETWEEN THE FIRST

09:54:48 AND SECOND READING FOR THE REVISED SITE PLAN.

09:54:50 >>LUIS VIERA: THANK YOU VERY MUCH, SIR.

09:54:52 YES, MA'AM?

09:54:52 >>MARY SAMANIEGO: PLANNING DESIGN AND DEVELOPMENT

09:54:59 COORDINATION.




09:55:01 JUST POINT OF CLARIFICATION ON SOME OF THE STATEMENTS THAT

09:55:03 MR. GRANDOFF SAID.

09:55:05 THE CREATION OF THE MURAL IS OUTSIDE THE SCOPE OF LAND

09:55:08 DEVELOPMENT SO THAT'S NOTHING THAT WOULD BE TIED TO A

09:55:11 PLANNED DEVELOPMENT.

09:55:11 HOWEVER, THE ADDITION OF THE COMMUNITY ACTIVITY CENTER,

09:55:15 COMMUNITY MEETING SPACE, WOULD BE THE ADDITION OF THE USE

09:55:18 FOR PLANNED DEVELOPMENT WHICH YOU CANNOT DO BETWEEN FIRST

09:55:21 AND SECOND READING.

09:55:22 IT WAS NOT ADVERTISED FOR THAT USE.

09:55:25 THE ONLY ADVERTISED USE WAS FOR AIR CONDITIONED STORAGE.

09:55:29 SO THAT WOULD BE JUST A COMMITMENT THAT THE APPLICANT WOULD

09:55:31 BE MAKING BUT THEY WOULD COME BACK AT A LATER TIME TO ADD

09:55:35 THAT USE, IF THIS PLANNED DEVELOPMENT IS APPROVED.

09:55:41 I'M SORRY?

09:55:43 >> [OFF MICROPHONE]

09:55:49 >> I'M JUST SAYING THAT'S AT OPTION.

09:55:51 >>LUIS VIERA: THANK YOU, MA'AM.

09:55:54 MAY I HAVE A MOTION TO CLOSE?

09:55:55 >>CHARLIE MIRANDA: SO NOW, LET ME UNDERSTAND THIS.

09:56:05 YOU HAVE A BUILDING THAT'S GOING TO HAVE X AMOUNT OF STORAGE

09:56:09 SPACE.

09:56:11 YOU HAVE A DEVELOPER THAT WANTS TO MAKE A COMMITMENT TO A

09:56:15 NEIGHBORHOOD FOR 1,000 SQUARE FEET, FREE RENTAL.

09:56:22 I DON'T KNOW WHAT THE RENT IS FOR A THOUSAND SQUARE FEET FOR




09:56:25 A COMMERCIAL PROPERTY, FREE RENTAL.

09:56:27 BUT I CAN GUARANTEE YOU, THREE, FOUR, FIVE DOLLARS A SQUARE

09:56:30 FOOT A MONTH, WHATEVER IT IS, $10 A SQUARE FOOT, WHATEVER;

09:56:36 WHICH THEN YOU HAVE A MURAL.

09:56:39 BUT I DON'T THINK NONE OF THAT CAN BE PUT IN THE SITE PLAN.

09:56:42 I THINK THAT'S AN AGREEMENT THAT'S GOT TO BE MADE BETWEEN

09:56:45 FIRST AND SECOND READING IF IT PASSES BETWEEN THE DEVELOPER

09:56:47 AND THE NEIGHBORHOOD.

09:56:48 THAT'S A SIDE DEAL.

09:56:50 THAT'S NOT A CITY DEAL.

09:56:51 THAT'S BETWEEN TWO ENTITIES THAT WE DON'T CONTROL.

09:56:59 I HAVE BEEN HERE LONG ENOUGH TO SEE HILLSBOROUGH AVENUE GO

09:57:01 UP AND STAY DOWN FOR MANY, MANY, MANY YEARS.

09:57:07 WHEN YOU LOOK DOWN HILLSBOROUGH AVENUE, FROM THE FUNLAND

09:57:13 THEATER, THIS WAY, FROM THE RAILROAD TRACKS OF 30th,

09:57:18 WHATEVER IS THIS WAY, TO THE LEFT YOU HAVE GOT THE YUMMY

09:57:21 HOUSE THAT OPENED UP NICE, FARMERS MARKET BEING CLEANED OUT,

09:57:26 AND COMING THIS WAY, YOU HAVE PAWN SHOP, IF MY MEMORY SERVES

09:57:31 ME CORRECTLY.

09:57:32 DRIVE EVERY DAY MANY PLACES.

09:57:34 AS YOU GET DOWN TO 22ND STREET, WHAT DO WE HAVE ON THE

09:57:42 CORNER?

09:57:42 YOU HAVE GOT ANOTHER BIG, BIG, BIG PAWN SHOP.

09:57:48 HUH?

09:57:51 I BUY THERE, TOO, DON'T I?




09:57:53 SO NOTHING WRONG WITH THEM.

09:57:55 DON'T GET ME WRONG.

09:57:56 THEY ARE NEEDED.

09:57:59 SO IT'S A CHANGE.

09:58:00 AND I UNDERSTAND THE NEIGHBORHOOD'S PLIGHT.

09:58:03 BUT WHAT ELSE IS GOING TO GO THERE?

09:58:05 WHAT ELSE COULD FIT IN CI WITHOUT DOING ANY CHANGES THAT YOU

09:58:11 MAY THINK IS BETTER?

09:58:13 IT MAY NOT BE.

09:58:17 FAST FOOD OPERATION THAT HANDLES COUPLE HUNDRED CARS A DAY

09:58:20 MINIMUM.

09:58:23 A GAS STATION.

09:58:28 I'M CAUGHT BETWEEN A ROCK AND A HARD PLACE.

09:58:31 I WANT TO SEE PROGRESS.

09:58:32 I WANT TO SEE AN UPLIFT.

09:58:36 AND CERTAINLY WE HAVE DONE THAT.

09:58:37 THE NEIGHBORS HAVE DONE THAT.

09:58:38 THE HOUSES HAVE BEEN REMODELED.

09:58:42 HOUSES YEARS AGO WAS WORTH 30, 40,000 NOW WORTH 250,

09:58:47 300,000.

09:58:48 AND I APPLAUD YOU FOR THAT.

09:58:50 YOU MADE YOUR LAST PAYMENT.

09:58:51 GUESS WHAT YOU AIN'T NEVER GOING TO PAY FOR THAT HOUSE,

09:58:54 BROTHER.

09:58:54 [ LAUGHTER ]




09:58:56 YOU WILL HAVE PAYMENT GOING FOR THE MORTGAGE.

09:58:58 NOW COMES THE REPAIRS.

09:59:05 LIFE IS WHAT IT IS.

09:59:06 AND I HAVE SEEN STORAGE BUILT IN THIS CITY IN A LOT OF

09:59:10 PLACES.

09:59:12 ONE THAT MR. GRANDOFF POINTED OUT, FOUR OR FIVE OF THEM,

09:59:15 SOME HERE NOW IN DISPUTE, AND PART OF THE CITY THAT I AM NOT

09:59:21 GOING TO MENTION BECAUSE THERE MIGHT BE LITIGATION.

09:59:24 I'M NOT SURE.

09:59:25 BUTTHE WHACKO THING ABOUT IT IS THE AMOUNT OF CARS.

09:59:31 THEY DON'T GO THERE EVERY DAY.

09:59:34 I MEAN, I DRIVE ON CYPRESS THREE TIMES A WEEK.

09:59:41 I HAVEN'T SEEN A CAR THERE YET.

09:59:43 AND MOVING IN SOME MONTHS BACK.

09:59:46 OTHERS, I DON'T LISTEN TO BECAUSE THAT'S CLOSE TO THE HOUSE.

09:59:50 AND I CAN TELL YOU THAT THE TRAFFIC THAT I SEE AND THE

09:59:55 QUALITY OF THE PEOPLE ARE WHAT YOU WANT IN THE NEIGHBORHOOD.

10:00:00 MAYBE NOT THE BUILDING.

10:00:01 BUT I HAVEN'T SEEN ANYONE THAT WOULD BE IN MY MIND THAT I

10:00:06 WOULDN'T WANT AS A NEIGHBOR.

10:00:10 NEXT TO ME IS A DRUG DEALER.

10:00:15 THEY TRIED TO CLEAN HIM UP.

10:00:17 IN FACT A NEIGHBOR DIED OF A DRUG OVERDOSE.

10:00:21 IT'S EVERYWHERE.

10:00:23 NOT IN YOUR NEIGHBORHOOD.




10:00:24 IT'S EVERYWHERE IN AMERICA.

10:00:27 WE HAVE A SICKNESS.

10:00:27 THE SICKNESS IS US.

10:00:32 THEY ARE NOT HAPPY WITH OF WHAT THEY GOT.

10:00:33 THEY HAVE TO FIND ANOTHER, WHATEVER IT IS.

10:00:37 FROM THE LADY WHO OWNED THE PROPERTY, YOU SAW PHOTOGRAPHS OF

10:00:40 WHAT WAS THERE.

10:00:41 I WON'T WANT TO LIVE THERE EITHER.

10:00:45 WHAT I SAW, I HAVE TO ASSUME IT'S FACTUAL.

10:00:50 THE CAR PARTS AND ALL KIND OF INDIVIDUALS THAT ARE NOT

10:00:54 WANTED NEXT TO YOUR HOUSE.

10:00:57 I UNDERSTAND EVERYTHING.

10:00:58 I TRY TO BE ANYWAY.

10:01:03 SO THERE'S AN OLD SAYING.

10:01:04 BE CAREFUL WHAT YOU ASK FOR.

10:01:05 YOU ARE LIABLE TO GET IT.

10:01:08 AND THAT'S MY SAY.

10:01:09 THANK YOU.

10:01:10 >>LUIS VIERA: YES, SIR.

10:01:11 COUNCILMAN DINGFELDER.

10:01:16 >>JOHN DINGFELDER: THIS ONE IS PROBLEMATIC.

10:01:18 ON THE ONE HAND -- AND I WANT TO DISCLOSE, I HAVE KNOWN

10:01:23 JULIE HARRIS AND HER HUSBAND FOR MANY YEARS.

10:01:29 I THINK AS RECENTLY AS THREE OR FOUR YEARS AGO MY WIFE HAD A

10:01:33 MINOR LITTLE BUSINESS RELATIONSHIP WITH THEM.




10:01:36 I THINK SHE CONSIGNED SOME FURNITURE THERE BUT THAT WAS

10:01:39 SEVERAL YEARS AGO.

10:01:40 NO CONFLICT IN MY OPINION, MR. SHELBY, WOULD NOT INFLUENCE

10:01:43 MY VOTE WHATSOEVER.

10:01:45 BUT I WANTED TO DISCLOSE IT.

10:01:48 I DIDN'T REALIZE THIS WAS HER PARCEL UNTIL MRS. HARRIS GOT

10:01:53 UP.

10:01:53 I WANT TO SPEAK OH TO BE SOME OF THE PROS AND CONS AND MAYBE

10:01:56 THERE'S A MIDDLE GROUND THERE.

10:01:57 I HAVE A BIG PROBLEM WITH THE SIDE ENTRANCE.

10:01:59 I DON'T KNOW IF YOU ALL HAVE TAKEN A LOOK AT THE SITE PLAN.

10:02:02 BUT THAT SIDE ENTRANCE TO ME HAS NOT ONLY POTENTIAL IMPACT

10:02:08 AS TESTIFIED TO BY THE GENTLEMAN WHO OWNS -- NOT ONLY THE

10:02:11 BUSINESS, BUT THE HOUSE, GETTING READY TO MOVE HIS FAMILY

10:02:14 INTO THAT HOUSE, DIRECTLY WHERE THAT SIDE ENTRANCE DROPS OUT

10:02:18 TO.

10:02:18 AND BY THE WAY, SIR, THAT'S AN EGRESS.

10:02:21 THAT'S WHERE FOLKS ARE LEAVING.

10:02:22 IT'S NOT AN INGRESS.

10:02:24 SO I DON'T KNOW IF THAT MAKES A DIFFERENCE, BUT THAT'S THE

10:02:28 EGRESS.

10:02:29 SO I HAVEN'T HEARD ANY TESTIMONY AS TO WHY THAT'S NECESSARY.

10:02:34 I'M NOT NECESSARILY ASKING AT THIS POINT.

10:02:36 BUT IT JUST DOESN'T SEEM LIKE IT'S REALLY REQUIRED.

10:02:40 WE HAVE GOT GOOD ACCESS ONTO HILLSBOROUGH AVENUE.




10:02:44 AND I DON'T SEE WHY THAT'S REQUIRED.

10:02:47 OR WHY YOU NEED IT.

10:02:52 FROM A LEGAL PERSPECTIVE, CHARLIE, YOU A LAUDED TO THIS A

10:02:56 LITTLE BIT.

10:02:59 THERE ARE SEVERAL PROVISIONS THAT IF THIS PASSES, THE

10:03:02 NEIGHBORHOOD IS COUNTING ON THAT FRANKLY STAFF HAS INDICATED

10:03:05 WE CAN'T PUT ON THE SITE PLAN, THEREFORE IT'S NOT

10:03:08 ENFORCEABLE, AND IT'S HARDLY WORTH US EVEN DISCUSSING

10:03:13 BECAUSE WE CAN'T HELP -- WE CAN'T HELP THEM.

10:03:17 YOU KNOW, IN TERMS OF ADDING THOSE PROVISIONS, WE CAN'T, YOU

10:03:21 KNOW.

10:03:22 SO YOU ARE RIGHT, CHARLIE, IT'S JUST A SHAKE AND A HANDSHAKE

10:03:25 BETWEEN THOSE FOLKS THAT WE CAN'T EVEN INCLUDE IN OUR

10:03:29 DELIBERATIONS AND/OR OUR SITE PLANS.

10:03:33 AND THE NEIGHBORHOOD PRECEDENT -- PRESIDENT SAID HE REALLY

10:03:37 WANTED TO SEE THAT $185,000 COMING TOTAL IMMEDIATE SOUTHEAST

10:03:42 SEMINOLE HEIGHTS NEIGHBORHOOD, WHICH IS MY POINT FROM THE

10:03:45 BEGINNING AS OPPOSED TO 34th STREET, WHICH IS 20 BLOCKS

10:03:49 AWAY, WHICH IS A LONG WAY AWAY.

10:03:52 AGAIN, I'M NOT BLAMING THE DEVELOPER FOR THAT.

10:03:57 PERHAPS THERE'S A CIP PROJECT THAT'S CLOSER AND MORE

10:04:00 RELEVANT TO THESE FOLKS.

10:04:06 THE MURAL, AGAIN, IT'S LOVELY BUT IT'S NOTHING THEY CAN PUT

10:04:10 ON THE SITE PLAN.

10:04:11 THERE IS A BIG, BEAUTIFUL PARK WHICH IS, WHAT, A BLOCK




10:04:16 SOUTH, RIGHT BEHIND IT?

10:04:18 YOU KNOW, THE GIDDENS PARK.

10:04:20 AND I JUST DROVE BY IT.

10:04:25 OH, DOES IT BUTT UP AGAINST IT?

10:04:27 ALL RIGHT.

10:04:27 SO IT BUTTS UP AGAINST THE PARK.

10:04:30 RIGHT ACROSS THE STREET.

10:04:33 AGAIN, ANOTHER GOOD REASON NOT TO HAVE THAT EXIT, WHICH IS

10:04:37 GOING TO BE RIGHT NEXT TO THAT PARK.

10:04:39 AND THERE WILL BE U-HAULS.

10:04:42 THERE MAY NOT BE COMMERCIAL TRAFFIC BUT WE ALL KNOW WHEN

10:04:44 FOLKS ARE COMING AND GOING OUT OF THESE UNITS, THAT'S A

10:04:47 U-HAUL SITUATION.

10:04:49 U-HAULS.

10:04:50 AND I'M FINE WITH THAT.

10:04:51 LEAVE THEM UP ON HILLSBOROUGH AVENUE BUT IT DOESN'T NEED TO

10:04:54 BE COMING OUT THERE TO 12TH STREET.

10:04:56 JUST A COUPLE OF OTHER POINTS.

10:05:02 I FEEL FOR THE GENTLEMAN WHO HAS THE PAWN SHOP THAT'S NOW

10:05:06 GOING TO BE SWALLOWED UP BY THIS.

10:05:10 I AM NOT SURE -- I AM NOT SURE IF WE CAN PROPOSE SLIDING THE

10:05:15 BUILDING BACK BECAUSE THAT'S CONTRARY TO THE SEMINOLE

10:05:17 HEIGHTS OVERLAY.

10:05:19 HOWEVER, IF IT'S A PD, MAYBE WE HAVE THE DISCRETION TO DO

10:05:22 THAT.




10:05:22 >>MARY SAMANIEGO: THAT IS A 10-FOOT BUILT-TO LINE SO IT HAS

10:05:28 TO BE BUILT AT EXACTLY 10 FEET OR THAT WOULD BE AN

10:05:31 ADDITIONAL WAIVER FOR THIS APPLICATION TO HAVE A SETBACK

10:05:36 DIFFERENT THAN THE 10-FOOT.

10:05:39 >>JOHN DINGFELDER: DOES THE WAIVER HAVE TO BE ADVERTISED?

10:05:41 >>MARY SAMANIEGO: NO.

10:05:42 YOU CAN ADD A WAIVER AT THIS TIME.

10:05:44 >>JOHN DINGFELDER: WE COULD ADD THE WAIVER.

10:05:45 SO IF THEY SLID THE BUILDING BACK A LITTLE BIT, PERHAPS MOVE

10:05:48 SOME OF THOSE PARKING SPACES UP TO THE FRONT, AT LEAST THAT

10:05:54 MIGHT ALLEVIATE THAT NEIGHBOR'S CONCERN.

10:05:59 THAT'S NOT HUGE TO ME.

10:06:00 IT'S UNFORTUNATE FROM HIS BUSINESS PERSPECTIVE BUT I AM MORE

10:06:04 CONCERNED ABOUT PUBLIC SAFETY.

10:06:06 AND DEFINITELY THAT SIDE ENTRANCE.

10:06:11 THAT BONUS DENSITY MONEY, 185,000, JUST POOF.

10:06:17 YOU KNOW, THIS NEIGHBORHOOD WILL NEVER SEE IT.

10:06:24 .

10:06:25 >> YOU DON'T KNOW OF THAT.

10:06:26 >>JOHN DINGFELDER: SO I WOULD LIKE TO SEE SOME CHANGES ON

10:06:32 THIS.

10:06:35 I'M NOT A BIG SUPPORTER OF STORAGE UNITS.

10:06:38 BUT STAFF OPENED UP BY SAYING THAT THIS IS ALLOWED AS A

10:06:42 MATTER OF RIGHT, STORAGE UNIT.

10:06:45 DOESN'T HAVE TO BE THIS BIG.




10:06:47 THEY HAVE ADDED A BONUS DENSITY PROVISION, WHICH ADDED

10:06:51 27,000 SQUARE FEET, WHICH BY MY CALCULATION IS PROBABLY AN

10:06:57 EXTRA THIRD, AN EXTRA THIRD OF WHAT IT WAS, WHAT IT COULD BE

10:07:03 AS A MATTER OF RIGHT.

10:07:04 BUT AT THE SAME TIME, I DO FEEL FOR MS. HARRIS.

10:07:07 I AM FAMILIAR WITH THIS PARCEL AND I DO KNOW THEY HAVE HAD

10:07:10 PROBLEMS FINDING ANY DECENT TENANTS AND FINDING A DECENT

10:07:13 USE, AND YES, IT PROBABLY COULD BE A WORSE USE IF IT WAS A

10:07:17 FAST FOOD DRIVE-THROUGH.

10:07:21 >>LUIS VIERA: ANYONE ELSE?

10:07:23 >>CHARLIE MIRANDA: I CONFESS, 90% OF THE PEOPLE WHO COME

10:07:28 HERE I KNOW.

10:07:28 ONE WAY, A FAMILY MEMBER, SOMEBODY.

10:07:31 I VOTE AS I SEE IT.

10:07:35 WHETHER IT WAS MY OWN MOTHER IF SHE WAS ALIVE AND I WOULD

10:07:39 VOTE OR AGAINST HER BASED ON WAY SEE.

10:07:42 SHE USED TO TELL ME THERE'S A FORK IN THE ROAD, MAKE SURE

10:07:46 YOU TAKE THE RIGHT ONE.

10:07:47 >>LUIS VIERA: WE HAVE A MOTION.

10:07:48 YES, SIR, COUNCILMAN GUDES.

10:07:51 >>ORLANDO GUDES: YOU KNOW, I'M NOT A BIG FAN OF THESE

10:07:54 STORAGE FACILITIES, ESPECIALLY ON THE EAST SIDE OF TOWN.

10:07:56 TO ME TO LOOK AT A BLIGHTED AREA WHICH THEY CALL POOR PEOPLE

10:08:09 AND SO FORTH AND SO ON.

10:08:11 AND THAT'S THE WAY I SEE THESE GIANT STORES.




10:08:16 THEY BRING NO ECONOMIC IMPACT AS FAR AS CREATING JOBS.

10:08:20 AT ALL.

10:08:21 THEY BRING NONE.

10:08:24 TO ME, IT'S A CASH COW BUSINESS, FOR THOSE WITHOUT MONEY

10:08:30 IT'S NOT REALLY BENEFITING THE COMMUNITY.

10:08:32 IS IT A SERVICE?

10:08:33 YEAH, IT'S A SERVICE.

10:08:36 BUT I'M BETWEEN A ROCK AND A HARD SHELL, AND LOOK AT WHAT

10:08:44 THE FACTS ARE.

10:08:45 LEGAL HAS ALREADY TOLD US THAT NO MATTER WHAT WE DO, THEY

10:08:49 FALL WITHIN THE CODE, FOR A STORAGE FACILITY.

10:08:56 MAY NOT BE THIS BIG, OR IF WE WERE NOT TO APPROVE DENSITY

10:09:03 BONUS OR SOME OF THE OTHER THINGS THAT MR. DINGFELDER

10:09:09 BROUGHT OUT WHICH HE HAS CONCERNS.

10:09:11 I THINK HE CAME OUT AND SAID WE'LL DOWN SIZE AND COME RIGHT

10:09:15 IN.

10:09:15 AND NOTHING WE CAN DO ABOUT IT.

10:09:18 BUT THERE ARE SOME CONCERNS.

10:09:20 BUT I JUST WANT TO SAY THAT WE ARE GETTING TOO MANY ON

10:09:25 HILLSBOROUGH AREA.

10:09:26 I CAN TELL YOU THAT.

10:09:27 WE ARE GETTING TOO MANY.

10:09:28 WE ARE NOT GETTING -- MY FEAR IS WE ARE GOING TO GET SO

10:09:31 MANY, WE WON'T BE ABLE TO BRING IN ANY QUALITY TYPE

10:09:36 RESTAURANTS.




10:09:38 ONE DAY I WOULD LIKE TO SEE A CHICK FIL-A ON HILLSBOROUGH

10:09:42 AVENUE.

10:09:45 OFF OF FOWLER AVENUE.

10:09:46 I WOULD LIKE TO SEE SOME OTHER TYPE OF -- MAYBE NOT BIG

10:09:50 FRANCHISE RESTAURANTS BUT A NICE GOOD MOM AND POP RESTAURANT

10:09:54 THAT WE HAVE ON THE EAST SIDE OF TOWN ON NEBRASKA, FLORIDA

10:09:58 AVENUE.

10:10:00 THAT'S WHAT I AM A FAN OF RIGHT NOW.

10:10:02 THOSE ARE CREATING JOBS.

10:10:06 THEY ARE CREATING JOBS.

10:10:08 AND I JUST DON'T KNOW RIGHT NOW, BUT I JUST TELL YOU, MY

10:10:12 HEART DOES BLEED FOR THE COMMUNITY BECAUSE THEY ARE DOING A

10:10:14 GOOD JOB TO TRY TO FIX UP THEIR COMMUNITY, TO BE ABLE TO

10:10:19 QUALITY BUSINESSES TO OUR EAST SIDE OF TOWN.

10:10:23 I TALKED ABOUT THAT THIS MORNING AT CRA.

10:10:26 BRINGING QUALITY BUSINESSES.

10:10:29 LETTING PEOPLE HAVE AN OPPORTUNITY TO BRING A BUSINESS THAT

10:10:31 IS GOING TO BRING JOBS OR HAVE AN ECONOMIC IMPACT, NOT FOR

10:10:35 SIX MONTHS, FOR SOME CONSTRUCTION, BUT LONG TIMES.

10:10:42 AND I KNOW AND I FEEL FOR THE PROPERTY OWNER.

10:10:46 I CAN REMEMBER MY GOOD FRIEND CAROLYN, MR. JOHNSON PASSED

10:10:49 AWAY, THE MORTUARY SERVICE THERE.

10:10:53 WHEN HE START FIRST STARTED I HELPED HIM BRING SOME

10:10:56 EQUIPMENT AND THINGS AND BUILD THAT SHED BACK THERE.

10:10:59 SO I KNOW ABOUT THE BUSINESSES THERE THAT HAVE COME AND




10:11:02 GONE.

10:11:02 I'M A PRODUCT OF THE COMMUNITY.

10:11:05 SO I KNOW WHAT SHE'S GONE THROUGH.

10:11:09 I UNDERSTAND BUSINESSES COME AND GO.

10:11:12 I WISH WE HAD SOME OTHER TYPE OF ENTITY THAT WOULD BE GOING

10:11:18 IN THAT SPACE OTHER THAN A STORAGE FACILITY.

10:11:21 THANK YOU FOR MY TIME.

10:11:23 >>LUIS VIERA: YES, SIR.

10:11:23 MR. SHELBY.

10:11:24 >>MARTIN SHELBY: YES, COUNCIL.

10:11:25 I JUST WANT TO REDIRECT YOUR ATTENTION TO THE CRITERIA UPON

10:11:28 WHICH YOU MUST MAKE YOUR DECISION AND COMPETENT, SUBSTANTIAL

10:11:32 EVIDENCE.

10:11:34 WHAT YOU ARE DISCUSSING MAY BE RELEVANT IN ANOTHER TIME, THE

10:11:39 POLICY DISCUSSION ISSUES, BUT WHAT YOU HAVE BEFORE YOU IS

10:11:42 YOUR CODE, THE CRITERIA, THE STAFF REPORT, AND THE

10:11:44 COMPETENT, SUBSTANTIAL EVIDENCE THAT YOU HEARD TONIGHT

10:11:47 THROUGH TESTIMONY AND THROUGH EXHIBITS.

10:11:48 AND I ASK THAT YOU BASE YOUR DECISION UPON THAT.

10:11:50 THANK YOU.

10:11:51 >>LUIS VIERA: THANK YOU, SIR.

10:11:52 MAY I HAVE A MOTION TO CLOSE?

10:11:53 MOTION TO CLOSE BY COUNCILMAN MANISCALCO.

10:11:55 SECONDED BY COUNCILMAN SILT ROW. ALL IN FAVOR?

10:11:57 ANY OPPOSED?




10:11:58 WHAT IS THE PLEASURE OF COUNCIL?

10:12:02 YES, SIR.

10:12:06 >>JOHN DINGFELDER: MAYBE I SHOULD HAVE SAID THIS BEFORE WE

10:12:07 CLOSED.

10:12:09 BECAUSE FRANKLY, AND I THOUGHT I SAW SOME NODDING HEADS WHEN

10:12:14 I WAS TALKING ABOUT THAT SIDE ENTRANCE, AND PERHAPS THAT

10:12:20 EASTERN BUILDING SOUTH A LITTLE BIT.

10:12:25 SO I DON'T KNOW HOW THE REST OF COUNCIL FEELS, BUT I GUESS I

10:12:30 WOULD LIKE TO ASK PETITIONER IF THEY ARE AMENABLE TO

10:12:35 REVISING --

10:12:37 >>LUIS VIERA: MOTION TO OPEN.

10:12:39 SECOND BY WHOM?

10:12:41 COUNCILMAN GUDES.

10:12:42 MOTION TO REOPEN BY COUNCILMAN MANISCALCO.

10:12:45 SECONDED BY COUNCILMAN GUDES.

10:12:47 ALL IN FAVOR?

10:12:48 ANY OPPOSED?

10:12:49 >>JOHN DINGFELDER: I DON'T HAVE A PROBLEM PERMANENTLY WITH

10:12:50 THE PARKING WAIVER.

10:12:51 I THINK OUR PARKING CODE IS A LITTLE OUT OF WHACK IN THAT

10:12:54 REGARD.

10:12:54 WHAT WAS THE OTHER WAIVER?

10:12:56 OH, THE SIDE ENTRANCE.

10:12:57 I HAVE A PROBLEM WITH THE SIDE ENTRANCE.

10:12:59 >> CALLOWAY, TRANSPORTATION.




10:13:25 >>LUIS VIERA: BY THE WAY, BEFOREHAND, IF I MAY INTERRUPT

10:13:26 OUT, COUNCILMAN, I BELIEVE THE VIDEO AUDIO JUST HAS A

10:13:30 LIMITED -- I THINK I WAS TOLD 25 MINUTES AGO THEY HAVE 40

10:13:34 MORE MINUTES.

10:13:35 SO JUST FYI.

10:13:39 TEN-MINUTE BREAK.

10:13:39 >> MELANIE CALLOWAY: SO THE WAIVER IN SEMINOLE HEIGHTS CODE

10:13:47 DOES ALLOW 100 FEET SO IN THIS CASE IT HAD TO BE 100 FEET

10:13:55 FROM HILLSBOROUGH.

10:13:56 WHAT THEY ARE SHOWING HERE IS 186 FEET SO THAT'S THEY CAN

10:14:02 HAVE ACCESS ON 12TH BUT IT IS PUSHED DOWN FURTHER.

10:14:04 ANOTHER REASON WHY THE EXIT IS NEEDED ACTUALLY FOR SOLID

10:14:08 WASTE COMING HERE.

10:14:10 PICK UP AND LEAVE.

10:14:13 BUT WE HAVE HAD INSTANCES, MR. DINGFELDER, THAT WE HAVE

10:14:20 RESTRICTED ACCESS POINTS FOR SOLID WASTE ONLY.

10:14:24 WE DO HAVE THOSE TYPES OF ABILITIES.

10:14:29 BUT REDESIGNING IT, SOLID WASTE WOULD STILL BE ABLE TO

10:14:35 ACCESS THE SITE.

10:14:37 DID YOU HAVE ANOTHER QUESTION?

10:14:41 >>LUIS VIERA: ANYTHING ELSE?

10:14:44 >>CHARLIE MIRANDA: [OFF MICROPHONE] EGRESS OR NOT MAKE A

10:14:49 RIGHT HAND TURN?

10:14:51 >> THAT DRIVEWAY DOES ALLOW A RIGHT.

10:14:54 IT HAS FULL ACCESS DRIVEWAY.




10:14:56 >>CHARLIE MIRANDA: WHEN YOU COME OUT, YOU COME IN HERE.

10:15:00 AND YOU ARE GOING OUT THIS WAY.

10:15:02 CAN YOU MAKE A RIGHT HAND TURN HERE OR NOT?

10:15:05 >>MELANIE CALLOWAY: YES, SIR.

10:15:06 YES, YOU CAN.

10:15:09 CORRECT.

10:15:09 IT'S ALL MOVEMENT.

10:15:29 >>JOHN DINGFELDER: MR. GRANDOFF, I GUESS THERE WAS A

10:15:31 QUESTION AND YOU TALKED TO YOUR CLIENT, I THINK, A LITTLE

10:15:33 BIT?

10:15:36 >> I WAS TALKING TO MY CLIENT.

10:15:37 YOU SUGGESTED A CONTINUANCE?

10:15:40 >>JOHN DINGFELDER: WELL, SPECIFICALLY TO ADDRESSEE AGREES

10:15:42 AND ALSO SOME OF THESE OTHER POINTS.

10:15:46 YOU GUYS SAY YOU ARE GIVING THINGS TO THE NEIGHBORHOOD.

10:15:49 STAFF SAYS YOU CAN'T PUT THEM IN THE SITE PLAN.

10:15:50 >>JOHN GRANDOFF: I UNDERSTAND THAT.

10:15:54 >>JOHN DINGFELDER: I AM SUGGESTING 185,000 TO A CIP 20

10:15:58 BLOCKS AWAY.

10:15:59 >>JOHN GRANDOFF: I WOULD LIKE TO CHANGE THAT.

10:16:02 I'LL RESEARCH THAT THE 185,000 APPARENTLY HAS TO GO TO ONE

10:16:06 OF THOSE PROJECTS.

10:16:07 I'LL SEE IF WE CAN GO ELSEWHERE.

10:16:10 THE EXIT ON 12TH IS GOING TO BE SIGNED, NO RIGHT TURN, NO

10:16:15 ENTRANCE.




10:16:18 STAN WANTS TO RESTRICT THAT TO FIRE AND SOLID WASTE EXIT

10:16:25 ONLY ON 12TH.

10:16:29 WE WOULD LIKE TO TAKE SOME TIME TO LOOK AT THE SITE PLAN,

10:16:32 SEE IF WE CAN MAKE SOME ADJUSTMENTS.

10:16:34 I DON'T WANT TO LOSE SIGHT OF THE FACT THAT THE SEMINOLE

10:16:39 HEIGHTS OVERLAY DISTRICT WANTS THE BUILDING PUSHED TO THE

10:16:42 FRONT TO CREATE A WALKABILITY.

10:16:45 >>JOHN DINGFELDER: CAN I SAY ONE THING, MR. CHAIRMAN?

10:16:50 YES AND NO.

10:16:51 I KNOW HOW THOSE THINGS CAME INTO PLAY.

10:16:53 THEY CAME INTO PLAY BECAUSE THEY WANTED TO ACTIVATE THE

10:16:56 FRONT OF THE BUILDING LIKE HOWARD AVENUE AND PUT DOORS AND

10:17:00 WINDOWS AND THAT SORT OF THING.

10:17:02 I GOT A FEELING THE STORAGE UNIT IS NOT GOING TO OPERATE

10:17:05 THAT WAY.

10:17:06 IT'S JUST GOING TO BE THREE STORIES OF FLAT CONCRETE BUTTED

10:17:11 UP TEN FEET TO YOUR SIDEWALK.

10:17:13 I THINK YOU ARE BETWEEN A ROCK AND A HARD PLACE IN THAT

10:17:16 REGARD BECAUSE YOU DIDN'T WRITE THAT CODE.

10:17:19 THAT'S WHAT THE CODE SAYS.

10:17:20 BUT THAT'S NOT THE CODE'S INTENT.

10:17:22 >> I UNDERSTAND.

10:17:24 WELL, THAT BRINGS ME TO THE NEXT QUESTION.

10:17:26 WE MAY REQUIRE FURTHER WAIVERS DEPENDING ON WHERE THIS

10:17:29 BUILDING MOVES AROUND.




10:17:31 SO I WANT TO BE PERFECTLY CLEAR.

10:17:33 AND I DON'T KNOW NOW.

10:17:35 DAVID HAS GOT TO LOOK AT IT.

10:17:36 BUT WE MAY COME BACK WITH MORE WAIVERS.

10:17:38 I DON'T KNOW.

10:17:39 WE START PUSHING THE BALLOON ONE WAY, IT GOES OUT ANOTHER

10:17:42 WAY.

10:17:42 SO WE APPRECIATE THE TIME.

10:17:46 STAN WANTS TO TAKE A HARD LOOK AT IT, AND MAYBE 30 DAYS, 45

10:17:50 DAYS.

10:17:51 THAT'S REASONABLE FOR MS. SAMANIEGO.

10:17:59 >>MELANIE CALLOWAY: TRANSPORTATION.

10:17:59 I JUST WANT TO BE CLEAR ABOUT THE PROJECT AND THE BONUS

10:18:02 AGREEMENT.

10:18:03 THIS PROJECT HAS TO BE ON THE CIP.

10:18:06 SO I UNDERSTAND WHAT THE NEIGHBORS WANTED.

10:18:08 SOMETHING IN THEIR NEIGHBORHOOD.

10:18:10 BUT IT HAS TO BE ON A CIP PROJECT.

10:18:13 THAT IS THE CLOSEST CIP PROJECT IN THAT WHOLE IMPACTED

10:18:18 DISTRICT.

10:18:19 >>JOHN DINGFELDER: DOES IT HAVE TO BE TRANSPORTATION CIP?

10:18:21 >> YES, SIR.

10:18:22 >>JOHN DINGFELDER: IT CAN'T BE A PARK CIP?

10:18:24 >> NO, SIR.

10:18:25 >>JOHN DINGFELDER: WHY?




10:18:26 >> THAT'S WHAT THE BONUS AGREEMENT REQUIRES.

10:18:28 BUT YOU DON'T HAVE TO HAVE A BONUS AGREEMENT.

10:18:31 THAT'S WHAT THEY ARE REQUESTING.

10:18:32 I JUST WANT TO BE CLEAR ON WHERE THAT CAME FROM.

10:18:35 >>LUIS VIERA: AND IF I MAY, COUNCIL MEMBERS, IT'S LATE AT

10:18:37 NIGHT BUT PLEASE ASK TO SPEAK.

10:18:42 GO AHEAD.

10:18:44 >>ORLANDO GUDES: I ALREADY KNOW 34th, I KNOW WHAT THAT

10:18:47 PROJECT IS, OKAY?

10:18:48 SO I KNOW THAT.

10:18:49 >>LUIS VIERA: OKAY.

10:18:53 MOTION TO CLOSE.

10:18:58 YES, SIR?

10:18:58 >>MARTIN SHELBY: IS THIS GOING TO BE A REQUEST FOR A

10:19:00 CONTINUANCE?

10:19:01 >>LUIS VIERA: WE'LL SEE WHAT HAPPENS.

10:19:03 >>MARTIN SHELBY: YOU DON'T WANT TO CLOSE IT IF IT'S GOING

10:19:05 TO BE.

10:19:07 >>LUIS VIERA: OH, THERE WE GO.

10:19:08 DO WE HAVE A MOTION TO CONTINUE?

10:19:09 >>MARTIN SHELBY: I THINK THEY ARE CONFERRING.

10:19:11 >>JOHN GRANDOFF: MARY, PLEASE GO AHEAD.

10:19:21 >>MARY SAMANIEGO: IF THE APPLICANT IS REQUESTING A

10:19:26 CONTINUANCE, READVERTISING REQUIRES 30 DAYS PRIOR TO THE

10:19:30 HEARING.




10:19:30 THE NEXT HEARING WOULD BE NOVEMBER 14th.

10:19:34 THE REQUIRED NOTICE WOULD BE NEXT TUESDAY.

10:19:36 SO THEY COULD MAKE THE NOVEMBER 14th, READVERTISE WITH

10:19:40 THE ADDITIONAL USE, IF THAT'S THEIR PLEASURE.

10:19:43 >>LUIS VIERA: HOW DOES THAT NIGHT LOOK, MR. SHELBY?

10:19:48 >>MARTIN SHELBY: IT LOOKS GOOD, SIR.

10:19:49 IT'S SEE ONLY FOR NOVEMBER 14th, FOUR CONTINUED

10:19:54 REZONINGS, ONE REZONING.

10:19:56 IT STARTS AT 5:01 WITH CAPITAL IMPROVEMENTS SCHEDULED

10:20:03 PROJECTS.

10:20:03 IT LOOKS LIKE YOU ONLY HAVE FIVE REZONINGS AFTER 6:00.

10:20:06 >>LUIS VIERA: MR. SHELBY?

10:20:11 >> WELL, WE LIKE TO HAVE A VOTE ON THE PROJECT.

10:20:15 >>LUIS VIERA: OKAY.

10:20:18 >>JOHN DINGFELDER: AS IS?

10:20:19 >>JOHN GRANDOFF: WE EITHER HAVE TO HAVE A VOTE OR -- HE

10:20:31 WILL TAKE A CONTINUANCE.

10:20:33 WITH RENOTICING.

10:20:34 >>MARTIN SHELBY: NOVEMBER 14th?

10:20:39 >>JOHN GRANDOFF: THAT'S TOO TIGHT.

10:20:41 >>MARTIN SHELBY: THE NEXT MEETING IS DECEMBER 12TH AND

10:20:43 THERE ARE ONLY TWO THINGS SCHEDULED FOR DECEMBER 12TH.

10:20:45 I DON'T KNOW HOW MANY THERE ARE THROUGH LAND DEVELOPMENT AT

10:20:47 THIS TIME.

10:20:49 IF COUNCIL WANTS TO DO THAT.




10:20:50 >>MARY SAMANIEGO: WE MAY HAVE TEN CASES OR DECEMBER 12TH.

10:20:56 YOU CAN HAVE THREE ADDITIONAL CONTINUED CASES.

10:20:59 >>LUIS VIERA: THAT'S FINE.

10:21:05 DO WE HAVE A MOTION TO CONTINUE?

10:21:08 OKAY.

10:21:08 >>MARTIN SHELBY: DECEMBER 12TH, 2019, 6:00 P.M.?

10:21:14 >>LUIS VIERA: WE HAVE A MOTION TO CONTINUE BY COUNCILMAN

10:21:16 GUDES.

10:21:17 SECOND BY COUNCILMAN DINGFELDER.

10:21:18 ALL IN FAVOR?

10:21:19 I'M SORRY, WHAT, SIR?

10:21:21 WHAT DO YOU MEAN?

10:21:23 >>JOHN DINGFELDER: [OFF MICROPHONE]

10:21:25 >>LUIS VIERA: OH, SURE, THAT'S FINE.

10:21:26 ALL IN FAVOR?

10:21:27 ANY OPPOSED?

10:21:29 OKAY.

10:21:31 YES, SIR.

10:21:32 DID YOU WANT TO ANNOUNCE THAT?

10:21:34 >>THE CLERK: MOTION CARRIED WITH MANISCALCO VOTING NO.

10:21:36 >>LUIS VIERA: OKAY.

10:21:43 TEN MINUTES, JUST IN CASE.

10:21:46 >>LUIS VIERA: WE ARE BACK IN TEN MINUTES.

10:21:47 SO VIDEO AUDIO NEEDS TO DO SOME WORK.

10:21:49 THANK YOU.




10:21:50 (COUNCIL RECESS)

10:22:05

10:22:06 [NO ENCODER AUDIO]

10:30:12 [SOUNDING GAVEL]

10:38:39 >>LUIS VIERA: CITY COUNCIL IS BACK IN SESSION.

10:38:40 ROLL CALL PLEASE, SIR.

10:38:44 >>ORLANDO GUDES: HERE.

10:38:45 >>GUIDO MANISCALCO: HERE.

10:38:47 >>JOSEPH CITRO: HERE.

10:38:48 >>CHARLIE MIRANDA: HERE.

10:38:50 >>BILL CARLSON: HERE.

10:38:50 >>LUIS VIERA: HERE.

10:38:53 >>JOHN DINGFELDER: HERE.

10:38:54 >>LUIS VIERA: WE ARE ON NUMBER 8.

10:38:56 STAFF PLEASE.

10:38:56 >>MARY SAMANIEGO: PLANNING DESIGN AND DEVELOPMENT

10:39:00 COORDINATION.

10:39:01 ON NUMBER 8 IS REZ 19-75.

10:39:04 IT'S A REZONING REQUEST AT 7702 SOUTH MASCOTTE STREET FROM

10:39:16 INDUSTRIAL GENERAL TO PLANNED DEVELOPMENT.

10:39:17 >>DANNY COLLINS: PLANNING COMMISSION STAFF.

10:39:29 I HAVE BEEN SWORN IN.

10:39:31 OUR NEXT CASE BRINGS US TO THE SOUTH TAMPA PLANNING

10:39:34 DISTRICT, AND MORE SPECIFICALLY THE PORT TAMPA CITY

10:39:36 NEIGHBORHOOD.




10:39:38 THE CLOSEST TRANSIT STOP IS LOCATED MILLION 1500 FEET TO THE

10:39:43 NORTH, INTERSECTION OF SOUTH KISSIMMEE STREET, WEST IDAHO

10:39:48 STREET.

10:39:50 SOUTHWEST PORT TAMPA PARK IS THE CLOSEST PUBLIC RECREATION

10:39:55 FACILITY WHICH IS GENERALLY LOCATED 2300 FEET TO THE WEST OF

10:39:59 THE SUBJECT SITE.

10:40:01 SUBJECT SITE IS WITHIN A LEVEL A EVACUATION ZONE.

10:40:08 THIS IS AN AERIAL OF THE SUBJECT -- OR THIS IS THE AERIAL OF

10:40:11 THE SUBJECT SITE.

10:40:15 YOU WILL SEE THE SUBJECT SITE IS HERE OUTLINED IN PURPLE.

10:40:18 THIS IS SOUTH.

10:40:24 THIS IS MacDILL AIR FORCE BASE.

10:40:25 AND YOU WILL SEE THE MAJORITY OF THE LAND USES IS

10:40:31 SINGLE-FAMILY RESIDENTIAL SURROUNDING THE SUBJECT SITE.

10:40:38 THIS IS THE FUTURE LAND USE MAP.

10:40:42 THE SUBJECT SITE IS HERE.

10:40:44 THE LAND USE IS RESIDENTIAL 10.

10:40:47 IT WAS PREVIOUSLY CHANGED TO RESIDENTIAL 10, I BELIEVE, LAST

10:40:52 MONTH.

10:40:55 THIS TREND IS MOVING TOWARDS THE RESIDENTIAL PLAN IN THIS

10:41:00 AREA. THIS AREA IN THE BLUE IS MacDILL AIR FORCE BASE

10:41:04 AND REPRESENTED BY THE BLUE COLOR, PUBLIC.

10:41:07 THERE'S SOME LIGHT GRAY ON THIS THAT REPRESENTS LIGHT

10:41:12 INDUSTRIAL AND THIS COLOR IS LIGHT INDUSTRIAL.

10:41:18 APPLICANT IS REQUESTING TO REZONE FROM INDUSTRIAL GENERAL TO




10:41:21 PLANNED DEVELOPMENT TO ALLOW THE DEVELOPMENT OF SEVEN

10:41:27 SINGLE-FAMILY DETACHED RESIDENTIAL UNITS.

10:41:30 WEST PORTION OF SOUTH SCOTT STREET IS CURRENTLY UNDER

10:41:33 DEVELOPMENT AS IS THE ATTACHED RESIDENTIAL DEVELOPMENT.

10:41:36 PARCEL VACATED TO THE NORTH AND WEST OF THE SUBJECT SITE

10:41:39 ALLOW SINGLE-FAMILY DETACHED, LOT SIZE TO WHAT IS PROPOSED

10:41:44 IN THE PLANNED DEVELOPMENT.

10:41:46 THE PROPOSED PD IS CONSISTENT WITH THE DEVELOPMENT PATTERN

10:41:49 AND DENSITY ANTICIPATED UNDER THE RESIDENTIAL 10 FUTURE LAND

10:41:52 USE CATEGORY.

10:41:53 BASED ON THOSE CONSIDERATIONS THE PLANNING COMMISSION STAFF

10:41:55 FINDS IT IS CONSISTENT WITH THE TAMPA COMPREHENSIVE PLAN.

10:42:00 >>LUIS VIERA: THANK YOU, SIR.

10:42:01 QUESTIONS BY COUNCILMAN DINGFELDER.

10:42:05 >>JOHN DINGFELDER: PLANNING COMMISSION, YOU GUYS LOOK AT

10:42:07 HIGH HAZARD ZONES IN TERMS OF FLOODING AND THAT SORT OF

10:42:10 THING.

10:42:11 ISN'T THIS AREA PRETTY LOW?

10:42:18 >> DANNY COLLINS: YES.

10:42:21 WE LOOK AT THAT THROUGH THE PLAN AMENDMENT REVIEW.

10:42:24 >>JOHN DINGFELDER: IS THAT PART OF YOUR REPORT?

10:42:25 >> WE TALK ABOUT, YOU KNOW, WE TOUCH UPON EVACUATION ZONES

10:42:32 AS FAR AS WETLANDS AND DRAINAGE.

10:42:35 THAT'S NOT IN OUR PURVIEW.

10:42:40 >>JOHN DINGFELDER: DAVID, DID YOU WANT TO JUMP IN?




10:42:42 >>DAVID HEY: PLANNING COMMISSION STAFF.

10:42:44 IT IS WITHIN THE COASTAL HIGH HAZARD AREA.

10:42:49 IT'S TYPICALLY LOOKED AT PERMITTING THROUGH THE CITY, AND

10:42:53 THEY WOULD HAVE TO PAY -- FIRST THEY NEED TO ENSURE THAT

10:42:56 BUILDINGS ARE CONSTRUCTED CORRECTLY TO THE CODE RELATED TO

10:43:00 THE BUILDING CODE.

10:43:03 AND THINGS LIKE THAT.

10:43:05 AND THEN ANY MITIGATION FEES ARE HANDLED BY THE CITY.

10:43:09 >>JOHN DINGFELDER: HOW ABOUT EVACUATION?

10:43:12 >>DAVID HEY: EVACUATION IS HANDLED THROUGH THE REZONING AND

10:43:15 THE TRANSPORTATION REVIEW.

10:43:21 >>JOHN DINGFELDER: THANK YOU.

10:43:28 >>MARY SAMANIEGO: AGAIN THIS PROPERTY IS 772 SOUTH MASCOTTE

10:43:39 STREET.

10:43:40 HERE IS THE SITE PLAN AGAIN.

10:43:41 THE PROPERTY IS CURRENTLY ZONED INDUSTRIAL GENERAL.

10:43:44 YOU CANNOT HAVE SINGLE-FAMILY RESIDENTIAL DEVELOPMENT IN AN

10:43:46 INDUSTRIAL GENERAL ZONING DISTRICT.

10:43:49 SO THE PROPERTY WOULD HAVE TO BE REZONED.

10:43:53 THE PROPERTY CURRENTLY OR THE APPLICANT IS PROPOSING TO

10:43:57 REESTABLISH THESE 7 HISTORICALLY PLATTED LOTS AS THEY STAND.

10:44:07 THERE IS THE SUBJECT PROPERTY IN RED.

10:44:10 IT'S CURRENTLY UNDEVELOPED.

10:44:12 THIS PROPERTY, THIS PD IS THE LARGER PD THAT WAS APPROVED

10:44:18 APPROXIMATELY TWO YEARS AGO FOR A MASSIVE REDEVELOPMENT, OR




10:44:22 NOT REDEVELOPMENT, DEVELOPMENT OF SECTIONS OF UNDEVELOPED

10:44:26 LAND IN THE PORT TAMPA AREA.

10:44:30 THAT PD APPROVAL AGAIN APPROVED TWO YEARS AGO, THAT

10:44:33 DEVELOPER IS REQUIRED TO IMPROVE THIS SECTION MASCOTTE

10:44:38 STREET AND DEDICATE IT TO THE CITY.

10:44:41 ONCE THAT IS COMPLETED AND THERE ARE NOTES TO THAT EFFECT ON

10:44:44 THE SITE PLAN, THEN THE APPLICANT CAN DEVELOP THEIR PROPERTY

10:44:52 WITH THE SEVEN REESTABLISHED HISTORICALLY PLATTED LOTS.

10:44:56 EACH LOT IS AT LEAST 50 BY 100.

10:44:59 EACH IS 5,000 SQUARE FEET IN AREA.

10:45:01 THE PROPOSED SETBACKS ARE 20 FOR THE FRONT, 5 ON THE SIDES,

10:45:06 AND 15 IN THE REAR WITH A MAXIMUM HEIGHT OF 35 FEET.

10:45:11 THERE ARE TREES CURRENTLY ON THE PROPERTY.

10:45:13 DUE TO THE ELEVATION OF THE SITE, AS WELL AS THE CURRENT

10:45:21 FLOODPLAIN REGULATIONS, AND THE GRADING AND FILLING THAT HAS

10:45:27 HAPPENED IN THE AREA THE SITE WILL HAVE TO BE BUILT

10:45:31 APPROXIMATELY TWO TO THREE FEET OF FILL TO BRING IT UP TO

10:45:35 GRADE WITH THE REST OF THE ADJOINING PROPERTIES AS WELL AS

10:45:38 THE CROWN OF THE IMPROVED MASCOTTE STREET.

10:45:42 TO ANSWER YOUR QUESTION, MR. DINGFELDER, YES, THE SITE WILL

10:45:45 HAVE TO BE FILLED AT LEAST TWO OR THREE FEET.

10:45:48 OTHER THAN THAT, THERE ARE NO WAIVERS BEING REQUESTED WITH

10:45:52 THIS APPLICATION.

10:45:56 THERE ARE SOME MINOR CHANGES BETWEEN FIRST AND SECOND

10:45:59 READING FROM PLANNING DESIGN DEVELOPMENT COORDINATION.




10:46:03 THERE IS NATURAL RESOURCES DID FIND IT CONSISTENT.

10:46:05 THEY WANT A NOTE REGARDING THE SPECIFICATIONS TO THE FILL.

10:46:09 THE FILL REQUIRED FOR THE SITE WOULD REQUIRE REMOVAL OF THE

10:46:13 MAJORITY OF THE TREES OFF-SITE, ALLOWED PER SECTION

10:46:18 27-284.2.4, TREE MITIGATION IS STILL REQUIRED ON THE SITE AT

10:46:24 THE TIME OF PERMITTING, ACT EDUCATION OF PAYMENTS INTO TRUST

10:46:28 FUND AND PLANTING TREES ON-SITE WILL BE REQUIRED.

10:46:31 AND SAINT ARMAND WATER HAD A NOTE THAT THEY WANTED TO ADD

10:46:36 REGARDING THE PROPOSED PONDED STORMWATER SYSTEM WILL HAVE TO

10:46:41 GO THROUGH A REVIEW.

10:46:47 OTHER THAN THAT, THERE ARE NO LOCALLY DESIGNATED LANDMARKS.

10:46:51 THERE ARE NO WAIVERS.

10:46:52 SO THE DEVELOPMENT REVIEW COMPLAINS STAFF DID FIND THIS

10:46:54 CONSISTENT WITH THE CITY OF TAMPA LAND DEVELOPMENT CODE IN

10:46:59 THE PREVIOUS APPLICATION.

10:47:03 PLEASE INCLUDE THE MODIFICATION BETWEEN FIRST AND SECOND

10:47:05 READING IN YOUR MOTION.

10:47:08 >>LUIS VIERA: THANK YOU, MA'AM.

10:47:10 >>MARY SAMANIEGO: ARE THERE ANY QUESTIONS FOR ME?

10:47:12 >>LUIS VIERA: OKAY, THANK YOU, MA'AM.

10:47:14 APPLICANT?

10:47:14 >>STEVE MICHELINI: I'M THE AGENT FOR THIS PROJECT AT 7702

10:47:23 SOUTH MASCOT.

10:47:25 AS THE STAFF HAS POINTED OUT, OUR PROJECT IS SANDWICHED IN

10:47:30 BETWEEN OTHER SINGLE-FAMILY RESIDENTIAL PROJECTS THAT HAVE




10:47:39 ALREADY BEEN DEVELOPED.

10:47:41 IF YOU WILL LOOK AT THE AERIAL, THIS IS THE LAST REMAINING

10:47:49 PARCEL.

10:47:50 AND THIS ENTIRE PARCEL OVER HERE HAS ALREADY BEEN DEVELOPED

10:47:53 BY LENNAR HOMES.

10:47:54 AND THIS PARCEL IS IN THE PROCESS OF BEING REDEVELOPED.

10:47:58 THE ROADWAY THAT MARY WAS TALKING ABOUT IS AN EXTENSION OF

10:48:01 MASCOT WHICH WILL GO SOUTH.

10:48:04 AND THEN YOU HAVE THE NORTH BOUNDARY LINE OF THE MacDILL

10:48:08 AIR FORCE BASE.

10:48:09 THIS IS REALLY A PROJECT IN RESPONSE TO MacDILL'S DESIRE

10:48:13 TO PROVIDE MORE HOUSING FOR ITS EMPLOYEES AND FOR MEMBERS OF

10:48:19 THE ARMED FORCES.

10:48:21 AND THAT'S REALLY DRIVING THE DEMAND.

10:48:26 THIS AREA HAS UNDERGONE EXTENSIVE DEVELOPMENT, IN-FILL

10:48:30 DEVELOPMENT. THIS PETITION REESTABLISHES THE ORIGINAL PLAT

10:48:34 THROUGH A PD.

10:48:35 YOU COULD DEVELOP EIGHT UNITS BY RIGHT.

10:48:38 AND WE ARE PROPOSING SEVEN.

10:48:45 THE PROJECT BASICALLY FOLLOWS A PATTERN SURROUNDING IT ON

10:48:49 ALL SIDES EXCEPT THE MacDILL SIDE. THIS IS AS I SAID

10:48:52 THE LAST REMAINING PARCEL.

10:48:53 AGAIN LET ME SHOW YOU THAT AERIAL.

10:48:57 THE LAST REMAINING PARCEL THAT'S NOT ALREADY ZONED FOR

10:49:00 SINGLE-FAMILY RESIDENTIAL.




10:49:03 IT'S CONSISTENT WITH THE CITY STAFF REVIEW AS WELL AS THE

10:49:08 PLANNING COMMISSION REVIEW.

10:49:09 AND WE ARE RESPECTFULLY REQUESTING YOUR APPROVAL.

10:49:12 WE DO HAVE TO ADD FILL TO ACCOMMODATE THE STORMWATER ISSUES,

10:49:18 AND TO ADDRESS THE FEMA HEIGHT, REGULATIONS REGARDING FLOOD

10:49:22 ZONE.

10:49:23 SO WE'LL ADDRESS ALL OF THAT AT THE PERMITTING STAGE.

10:49:27 AND WE WILL BE REQUIRED TO MEET THE STORMWATER REQUIREMENTS

10:49:30 FOR THE CITY AT THAT TIME.

10:49:33 WE ARE NOT ASKING FOR ANY WAIVERS.

10:49:35 SO WE ARE RESPECTFULLY REQUESTING YOUR APPROVAL.

10:49:39 >>LUIS VIERA: THANK YOU, SIR.

10:49:40 COUNCILMAN CARLSON.

10:49:42 >>BILL CARLSON: STEVE, WHEN IT RAINS, MY OFFICE GETS FLOODED

10:49:46 WITH CALLS.

10:49:49 FROM PEOPLE WHO ARE COMPLAINING THAT AS NEW HOUSES COME IN,

10:49:52 THEY GET PUT HIGHER AND THEN THE WATER RUNS OFF TO THE OTHER

10:49:55 HOUSES.

10:49:56 SO IS THERE SOME WAY TO MITIGATE THAT IN ADVANCE SO THAT WE

10:50:00 DON'T HAVE THE NEIGHBORS ACROSS THE STREET COMPLAINING?

10:50:03 >>STEVE MICHELINI: YES, SIR.

10:50:04 WHAT'S ALREADY HAPPENED IS THAT THESE HOMES HERE AND THESE

10:50:06 HOMES HERE ARE ALREADY ELEVATED.

10:50:08 SO THE REMAINDER THAT WOULD BE GETTING THE COMPLAINTS IS

10:50:11 THIS PARCEL HERE, WHICH IS NOW LOWER THAN ALL OF THE OTHER




10:50:16 PROPERTY SURROUNDING.

10:50:18 AND PART OF THE MITIGATION PLAN FOR THE WHOLE AREA IS THERE

10:50:21 IS A SERIES OF DITCHES THAT WILL TAKE THE STORMWATER OUT TO

10:50:24 THE BAY.

10:50:25 YOU CAN SEE PART OF THAT DITCHING IS HERE AND PART OF IT IS

10:50:29 UP THIS IN HERE.

10:50:31 BUT I DON'T THINK YOU ARE GOING TO GET ANY CALLS FROM THESE

10:50:34 FOLKS BECAUSE THEY ARE AT THE BOTTOM RIGHT NOW.

10:50:38 AND THE OTHER PROPERTIES ARE ALL HIGHER.

10:50:43 >>BILL CARLSON: IT'S NOT CLEAR FROM YOUR MAP, BUT THERE'S

10:50:46 THIS PIECE THAT'S MARKED IN ORANGE.

10:50:48 ON THE OTHER MAP THERE'S ALSO THE LEG THAT GOES UNDERNEATH

10:50:52 ALONG THE FENCE.

10:50:52 YOU ARE NOT PROPOSING BUILDING HOUSE AS LONG THE FENCE?

10:50:55 >>STEVE MICHELINI: NO.

10:50:56 THAT'S PART OF THE BUFFER ZONE FOR THE MacDILL AIR FORCE

10:50:59 BASE.

10:51:00 >>BILL CARLSON: THANK YOU.

10:51:01 >>LUIS VIERA: ANYONE ELSE?

10:51:01 THANK YOU VERY MUCH, SIR.

10:51:03 APPRECIATE IT.

10:51:04 ANYONE HERE TO PUBLICLY COMMENT ON ITEM NUMBER 8?

10:51:06 IF SO, PLEASE COME FORWARD.

10:51:09 MOTION TO CLOSE BY COUNCILMAN MIRANDA.

10:51:11 SECOND BY COUNCILMAN MANISCALCO.




10:51:13 ALL IN FAVOR?

10:51:14 ANY OPPOSED?

10:51:14 I BELIEVE IT'S COUNCILMAN MIRANDA.

10:51:17 >>CHARLIE MIRANDA: I MOVE FILE NUMBER 8, FILE REZ 19-75.

10:51:26 ORDINANCE BEING PRESENTED FOR FIRST READING CONSIDERATION.

10:51:28 AN ORDINANCE REZONING FORGOT PROPERTY IN THE GENERAL

10:51:30 VICINITY OF 7702 SOUTH MASCOTTE STREET IN THE CITY OF TAMPA,

10:51:34 FLORIDA AND MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM

10:51:36 ZONING DISTRICT CLASSIFICATION IG INDUSTRIAL GENERAL TO PD

10:51:40 PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY DETACHED,

10:51:43 PROVIDING AN EFFECTIVE DATE.

10:51:46 THE PETITIONER HAS MET THE BURDEN OF PARAGRAPH PROVIDED

10:51:50 COMPETENT, SUBSTANTIAL EVIDENCE THAT THE DEVELOPMENT MEETS

10:51:53 THE COMPREHENSIVE PLAN AND CITY CODE.

10:51:56 THERE ARE NO WAIVERS.

10:51:59 >>JOSEPH CITRO: SECOND.

10:52:00 >>LUIS VIERA: SECOND BY COUNCILMAN CITRO.

10:52:02 ALL IN FAVOR? ANY OPPOSED?

10:52:04 >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.

10:52:06 SECOND READING AND ADOPTION WILL BE ON NOVEMBER 7th AT

10:52:09 9:30 A.M.

10:52:10 >>STEVE MICHELINI: THANK YOU VERY MUCH.

10:52:12 >>LUIS VIERA: THANK YOU, SIR.

10:52:13 NEXT WE MOVE TO ITEM NUMBER 9.

10:52:15 >>MARY SAMANIEGO: NUMBER 9 IS REZ 19-76, THE REZONING




10:52:20 REQUEST AT 710 AND 712 WEST DR. MARTIN LUTHER KING JR.

10:52:27 BOULEVARD TO RO-1 RESIDENTIAL OFFICE TO PD PLANNED

10:52:33 DEVELOPMENT, MEDICAL OFFICE AND BUSINESS PROFESSIONAL

10:52:35 OFFICE.

10:52:36 >> DANNY COLLINS, PLANNING COMMISSION STAFF.

10:52:45 I HAVE BEEN SWORN IN.

10:52:46 NEXT CASE IS IN THE CENTRAL TAMPA PLANNING DISTRICT.

10:52:50 THE SITE IS GENERALLY LOCATED WEST OF NORTH BOULEVARD, EAST

10:52:52 OF NORTH MYRTLE AVENUE ON MARTIN LUTHER KING HIGHWAY.

10:52:57 THE SITE IS IN PROXIMITY TO TRANSIT WITH SERVICE TO THE

10:53:03 TAMPA INTERNATIONAL AIRPORT, WEST TAMPA, THE SITE IS IN AN

10:53:07 EVACUATION B ZONE.

10:53:10 THIS IS AN AERIAL OF THE SUBJECT SITE.

10:53:12 IT'S OUTLINED IN PURPLE.

10:53:14 THIS IS MARTIN LUTHER KING BOULEVARD.

10:53:17 THIS IS NORTH MYRTLE AVENUE.

10:53:27 THIS IS THE ADOPTED FUTURE LAND USE MAP.

10:53:30 THIS IS THE PINK COLOR IS CMU-35, COMMERCIAL MIXED USE 35.

10:53:35 THIS TAN COLOR IS RESIDENTIAL 10.

10:53:38 MARTIN LUTHER KING BOULEVARD IS A TRANSIT EMPHASIS CORRIDOR.

10:53:44 THE COMMISSION STAFF HAS REVIEWED THE APPLICATION AND FOUND

10:53:46 THE PLAN DEVELOPMENT COMPARABLE TO EXISTING DEVELOPMENT

10:53:50 PATTERN ON THIS PORTION OF MARTIN LUTHER KING BOULEVARD, THE

10:53:54 DEVELOPMENT HAS COMPLIED WITH COMPREHENSIVE PLAN POLICIES

10:53:57 REGARDING DEVELOPMENT ALONG MIXED USE CORRIDORS, PEDESTRIAN




10:54:02 CONNECTIONS HAVE BEEN PROVIDED TO CONNECT BUILDING ENTRANCES

10:54:04 TO PUBLIC RIGHTS-OF-WAY, AND A DOOR HAS BEEN PROVIDED TOWARD

10:54:09 THE PUBLIC RIGHT-OF-WAY.

10:54:11 FURTHERING POLICY MIXED USE CORRIDORS.

10:54:15 BASED ON THOSE CONSIDERATIONS, THE PLANNING COMMISSION STAFF

10:54:17 FINDS THE REQUEST CONSISTENT WITH THE TAMPA COMPREHENSIVE

10:54:20 PLAN.

10:54:20 >>LUIS VIERA: THANK YOU, SIR.

10:54:23 >>MARY SAMANIEGO: AGAIN THIS IS A PLANNED DEVELOPMENT

10:54:32 REQUEST FOR VACANT PROPERTY TO BE DEVELOPED FOR MEDICAL

10:54:35 OFFICE AND BUSINESS PROFESSIONAL OFFICE.

10:54:37 THE PROPERTY IS CURRENTLY VACANT.

10:54:41 HERE IS A SHOT OF THE SUBJECT PROPERTY.

10:54:45 THIS IS DESIGNATED NONHAZARDOUS GRAND TREE THAT IS PROPOSED

10:54:49 FOR REMOVAL WHICH IS ONE OF THE WAIVERS.

10:54:51 AS YOU CAN SEE, THE BOUNDARIES OF THE PROPERTY ARE THE

10:54:59 FENCES IN BACK AND YOU CAN SEE THE BAND AND THE SIZE OF THE

10:55:03 TREE GOES FROM PROPERTY LINE TO PROPERTY LINE.

10:55:06 HERE IS COMMERCIAL PROPERTY TO THE EAST.

10:55:15 DOCTORS' OFFICE TO THE WEST.

10:55:16 AND ACROSS THE STREET A SINGLE-FAMILY RESIDENTIAL PROPERTY

10:55:20 AND THE VACANT PROPERTY.

10:55:25 HERE IS THE APPLICANT'S PROPOSAL.

10:55:28 AGAIN, A ONE-STORY MEDICAL OFFICE AS WELL AS ALLOWABLE FOR

10:55:33 BUSINESS PROFESSIONAL OFFICE USE AS WELL.




10:55:36 THE TOTAL SIZE OF THE PROJECT IS A 3 THAT YOU SQUARE FOOT

10:55:41 BUILDING FOR BOTH USES.

10:55:47 THE PROPERTY IS LOCATED THREE LOTS TO THE WEST, DR. MARTIN

10:55:52 LUTHER KING JR. BOULEVARD AND NORTH BOULEVARD INTERSECTIONS.

10:55:56 THE PROPERTY SURROUNDED AS I SHOWED YOU BY RETAIL AND OFFICE

10:55:59 USES.

10:56:00 THE PD SETBACKS ARE 10 FEET FROM THE NORTH, 20 FEET -- 5

10:56:06 FEET FROM THE SOUTH, 5 FEET FROM THE WEST AND 5 FEET FROM

10:56:10 THE EAST.

10:56:11 THE MAXIMUM HEIGHT IS PROPOSED AT 35 FEET.

10:56:13 THE REQUIRED NUMBER OF PARKING SPACES FOR MEDICAL OFFICE IS

10:56:16 18.

10:56:17 THEY ARE REQUESTING WAIVERS TO GO DOWN TO 16 PARKING SPACES.

10:56:20 THAT IS 11% PARKING WAIVER REDUCTION.

10:56:24 THERE ARE CHANGES TOTAL WAIVER TABLE BETWEEN FIRST AND

10:56:26 SECOND READING.

10:56:28 TRANSPORTATION DID FIND THIS APPLICATION INCONSISTENT

10:56:30 BECAUSE OF THE 11 PARKING REDUCTION FROM 18 SPACES DOWN TO

10:56:36 16.

10:56:38 NATURAL RESOURCES FOUND THIS CONSISTENT.

10:56:39 THERE ARE SOME CHANGES BETWEEN FIRST AND SECOND READ BEING.

10:56:45 THAT NEEDS TO BE DONE TO THE SITE PLAN.

10:56:49 AS FAR AS WAIVERS, THERE ARE FIVE WAIVERS BEING REQUESTED.

10:56:51 THE FIRST IS 27.283.7 TO REDUCE REQUIRED PARKING FROM 18

10:56:57 SPACES TO 16 SPACES, WHICH IS AN 11% REDUCTION.




10:57:02 SECTION 27-284 TO REDUCE THE REQUIRED USE BUFFER ALONG THE

10:57:06 SOUTH PROPERTY LINE FROM A 5-FOOT LANDSCAPE BUFFER OR A

10:57:13 6-FOOT CMU WALL TO A 6-FOOT PVC FENCE SUBJECTS IN LIEU OF

10:57:21 PERMITTING.

10:57:22 THE FINAL WAIVER IS 27-284.3.3 TO REDUCE THE REQUIRED

10:57:26 VEHICLE USE BUFFER ALONG THE SOUTH PROPERTY LINE FROM 8 FEET

10:57:29 TO ZERO FEET SUBJECT TO THE IN LIEU DISTRICT PAYMENT.

10:57:33 ANOTHER WAIVER IS 27-284.4 TO CONTRIBUTE TO THE TREE TRUST

10:57:37 FUND FOR MITIGATION, TREES, AS WELL AS THE REQUIRED TREES.

10:57:41 AND THE LAST WAIVER REQUEST IS 27-284.2.5 TO REDUCE -- TO

10:57:47 REMOVE A NONHAZARDOUS GRAND TREE FOR PROPOSED CONSTRUCTION

10:57:52 ACTIVITY.

10:57:54 OVERALL THE DEVELOPMENT REVIEW COMPLIANCE STAFF DID FIND

10:57:57 THIS INCONSISTENT DUE TO THE PARKING WAIVER REQUEST.

10:58:02 IN THE EVENT CITY COUNCIL DOES CHOOSE TO APPROVE THIS,

10:58:04 PLEASE KEEP IN MIND THE WAIVER REQUEST -- I'M SORRY, KEEP IN

10:58:08 MIND THE MODIFICATIONS BETWEEN FIRST AND SECOND READING IN

10:58:11 YOUR MOTION.

10:58:12 >>LUIS VIERA: COUNCILMAN DINGFELDER.

10:58:16 >>JOHN DINGFELDER: THANK YOU.

10:58:17 TWO THINGS, MARY.

10:58:19 WOULD YOU PUT THAT PICTURE OF THAT TREE BACK UP AGAIN,

10:58:22 PLEASE?

10:58:30 OKAY, NONHAZARDOUS TREE.

10:58:36 AND NEXT, CAN YOU PUT UP THE SITE PLAN AND SHOW US WHERE THE




10:58:39 TREE SITS ON THE SITE PLAN?

10:58:40 >>MARY SAMANIEGO: IT'S RIGHT HERE, SIR.

10:58:55 >>JOHN DINGFELDER: NEXT TO THE HANDICAPPED THING?

10:58:59 OKAY.

10:58:59 >>MARY SAMANIEGO: YES, SIR.

10:59:02 >>JOHN DINGFELDER: AND CAN YOU -- AND I ASSUME THAT THE

10:59:06 ARBORIST HASN'T RUN DOWN HERE TO JOIN US TONIGHT?

10:59:10 >>MARY SAMANIEGO: NO, SIR.

10:59:11 >>JOHN DINGFELDER: OKAY.

10:59:11 SO IT'S A ONE-STORY BUILDING?

10:59:14 >>MARY SAMANIEGO: YES, SIR.

10:59:15 >>JOHN DINGFELDER: DO YOU KNOW HOW HIGH THOSE BRANCHES WERE

10:59:17 AS THEY APPROACH THAT BUILDING?

10:59:19 >>MARY SAMANIEGO: NO, SIR, I DO NOT.

10:59:20 I DON'T KNOW.

10:59:24 >>JOHN DINGFELDER: THEY LOOK PRETTY HIGH TO ME.

10:59:26 >>MARY SAMANIEGO: ACTUALLY, IT'S MY PROFESSIONAL OPINION

10:59:30 THEY LOOK RELATIVELY LOW.

10:59:31 YOU SEE THE BUILDING NEXT DOOR THAT THE ONE STORY, AND THE

10:59:38 BRANCHES ARE DIPPING PRETTY FAR DOWN AND I WAS OUT ON THE

10:59:41 SITE VISIT EARLIER THIS WEEK.

10:59:42 >>JOHN DINGFELDER: RIGHT.

10:59:43 BUT BY THE TIME THEY GOT ACROSS THAT -- THAT'S A GOOD

10:59:49 DISTANCE AT LEAST, WHAT, 15 FEET, THE 20 FEET BEFORE THEY

10:59:53 GET TO THE BUILDING.




10:59:55 AND SO YOU HAVE GOT A RISE.

10:59:56 AND YOU ARE GOING TO PUT THE PICTURE BACK THERE.

11:00:00 YOU HAVE GOT A RISE IN THAT ONE LIMB.

11:00:03 DOESN'T SEEM TO HAVE LOWER LIMBS.

11:00:06 AND WE DON'T HAVE ANYBODY HERE TO TALK TO US ABOUT THE

11:00:08 ABILITY TO SAVE THAT TREE.

11:00:13 PART OF MY CONCERN, COUNCIL, IS WE ARE GOING TO BE LOSING A

11:00:16 TREMENDOUS AMOUNT OF TREES BECAUSE OF WHAT THE STATE DID,

11:00:19 THE PREEMPTION.

11:00:21 AND NOW ON TOP OF THAT, YOU KNOW, I THINK IT'S OUR DUTY TO

11:00:25 TRY AND SAVE THE TREES THAT WE CAN.

11:00:27 I'M NOT SAYING WE SHOULDN'T APPROVE THIS PROJECT.

11:00:29 I'M NOT SAYING WE SHOULDN'T ALLOW THEM TO BUILD A BUILDING.

11:00:33 BUT MAYBE WE CAN SAVE THE TREE AND LET THEM HAVE THE

11:00:36 BUILDING TOO.

11:00:37 BUT WITHOUT AN ARBORIST HERE, HOW DO WE KNOW?

11:00:42 WE ARE BACK IN THAT SAME EXACT SITUATION WE WERE EARLIER IN

11:00:45 THE EVENING.

11:00:46 AND I'M NOT FAULTING YOU, MARY, FOR THAT.

11:00:48 BUT FAULTING THE PROCESS IN REGARD TO WHY WE DON'T HAVE THE

11:00:53 ARBORIST HERE TO ASK THESE QUESTIONS.

11:00:55 >>MARY SAMANIEGO: IF I MAY, SIR, JUST SO YOU KNOW, IT IS

11:01:01 STAFF'S POSITION AS WELL AS THE NATURAL RESOURCES STAFF,

11:01:07 WORKED VERY HARDER TO TRY TO BRING EVERY SITE INTO

11:01:11 COMPLIANCE AND TRY TO SAVE FRANKLY EVERY TREE AND THEY LOOK




11:01:14 AT EVERY TREE, AND SPECIFICALLY LIMB PRUNING, IF LIMBS CAN

11:01:18 BE PRUNED IN ORDER TO SAVE THE TREE.

11:01:22 >>JOHN DINGFELDER: I APPRECIATE THAT BUT WE DON'T HAVE THAT

11:01:24 TESTIMONY IN FRONT OF US AND WE DON'T HAVE THE ABILITY TO

11:01:26 ASK THOSE QUESTIONS.

11:01:27 AND I AM NOT GOING TO ASK YOU THOSE BECAUSE THAT'S NOT YOUR

11:01:30 DEAL.

11:01:31 SO ANYWAY WITH, ALL DUE RESPECT, AGAIN, I AM REALLY

11:01:37 UNCOMFORTABLE WITH THIS ONE JUST FOR THAT REASON.

11:01:39 I'M SURE EVERYTHING ELSE IS FANTASTIC.

11:01:41 >>LUIS VIERA: COUNCILMAN CARLSON.

11:01:48 OKAY.

11:01:52 >> CLAY BRICKLE MEYER, ASHLEY DRIVE.

11:01:57 I'M GOING TO SKIP WHAT WE ARE DOING.

11:01:59 WE ARE BUILDING AN OFFICE BUILDING.

11:02:00 SO I WILL JUST MOVE TO THE WAIVERS.

11:02:03 SPECIFICALLY, MARY, YOU TOOK THE PICTURES.

11:02:13 THAT TREE, PROPERTY LINE TO PROPERTY LINE, AND IT SITS THERE

11:02:21 AS WAS POINTED OUT.

11:02:22 THERE IS NO REASONABLE CONFIGURATION.

11:02:26 IT IS SITTING IN THE MIDDLE.

11:02:27 IF YOU WANT TO WAIVE ALL PARKING EFFECTIVELY AND LET US DO

11:02:31 THE PARKING IN THE FRONT THEN THAT WOULD BE A WAY TO SAVE

11:02:33 THAT TREE.

11:02:34 I LOVE TREES TOO.




11:02:35 I HAVE A GIANT ONE IN MY YARD THAT I TOOK REALLY GOOD CARE

11:02:37 OF.

11:02:38 IT'S NOT GOING TO WORK THIS TIME.

11:02:39 WE ALREADY HAVE THE WAIVERS.

11:02:41 SO THE OTHER WAIVERS, THE USE BUFFER AND THE VEHICLE USE ARE

11:02:45 EFFECTIVELY THE SAME THING BECAUSE IT COMES DOWN TO THIS

11:02:47 POINT.

11:02:49 THERE IS A 10-FOOT ALLEY BEHIND US.

11:02:53 AND THEN A BACKYARD FENCE FROM THE REAR YARD NEIGHBORS.

11:02:56 SO THEY GET ALL THAT EXTRA BUFFERING.

11:02:59 I DON'T THINK THAT'S AN ISSUE.

11:03:00 WE HAVEN'T HEARD FROM ANY OF THEM.

11:03:02 SO I AM HOPING THAT'S A NON-ISSUE.

11:03:06 AND THEN THE PARKING REDUCTION IS SLIGHT.

11:03:09 I MEAN, CANDIDLY, WE HAVE A VERSION OF THIS DRAWN UP WHERE

11:03:13 WE ELIMINATE THIS TREE ISLAND.

11:03:15 BUT THAT WOULD BE A PLACE WHERE WE WOULD BE PUTTING A TREE.

11:03:19 IN ADDITION TO HOPEFULLY WE CAN PUT A COUPLE MORE TREES ON

11:03:22 HERE.

11:03:24 AND WE ARE ALREADY PROBABLY GOING TO HAVE TO PAY TO THE

11:03:27 TRUST FUND JUST BECAUSE THIS SITE IS SO SMALL.

11:03:29 AND THAT IS WHERE WE ARE.

11:03:32 I WOULD POINT OUT, I BROUGHT THIS BECAUSE I AM JUST GOING TO

11:03:35 START SAYING IT.

11:03:36 I UNDERSTAND THERE MAY BE A DIFFERENCE OF OPINION.




11:03:42 THIS IS OUR MEDICAL PARKING RATIO COMPARED TO I DON'T KNOW

11:03:46 HOW MANY I GRABBED THAT ARE KIND OF BENCHMARK CITIES.

11:03:50 FIVE TO ONE IS SORT OF THE STANDARD.

11:03:52 WE WERE RUNNING SIX TO ONE.

11:03:54 YOU CAN SEE MINNEAPOLIS HAS A MAX RATE.

11:03:56 WE MEET ON THIS SITE EVEN WITH ALL THESE CHALLENGES, WE MEET

11:04:01 THE FIVE TO ONE.

11:04:04 SO I AM NOT GOING TO GO ON BECAUSE I'M TIRED AND HUNGRY.

11:04:08 BUT WE THINK WE MEET ALL THE CRITERIA.

11:04:11 I'M HERE FOR QUESTIONS.

11:04:12 >>LUIS VIERA: ANY QUESTIONS FOR THE APPLICANT?

11:04:15 OKAY.

11:04:15 THANK YOU VERY MUCH, SIR.

11:04:17 SEEING NONE WE MOVE TO PUBLIC COMMENT.

11:04:19 IS ANYONE HERE TO PUBLICLY COMMENT ON ITEM NUMBER 9?

11:04:22 IF SO, PLEASE COME FORWARD AT THIS TIME.

11:04:23 >> MOVE TO CLOSE.

11:04:25 >>LUIS VIERA: MOTION TO CLOSE BY COUNCILMAN MANISCALCO.

11:04:27 A SECOND BY COUNCILMAN CITRO.

11:04:29 ALL IN FAVOR?

11:04:30 ANY OPPOSED?

11:04:31 COUNCILMAN CARLSON.

11:04:37 >>JOHN DINGFELDER: I'M OPPOSED.

11:04:38 >>LUIS VIERA: TO CLOSING?

11:04:40 >>JOHN DINGFELDER: YES.




11:04:41 AGAIN I THINK WE SHOULD CONTINUE THIS CASE.

11:04:42 I THINK WE SHOULD HAVE THE INFORMATION WE NEED.

11:04:45 MR. BRICKLEMYER --

11:04:47 >>LUIS VIERA: LET'S OPEN IT.

11:04:49 >>JOHN DINGFELDER: I DON'T KNOW IF WE VOTED.

11:04:51 >>LUIS VIERA: WE DID.

11:04:52 WE HAVE A MOTION TO OPEN.

11:04:55 MANISCALCO MOVED.

11:04:56 SECONDING.

11:04:58 ALL IN FAVOR?

11:04:58 OPPOSED?

11:04:59 GO AHEAD, SIR.

11:05:00 >>JOHN DINGFELDER: AGAIN IT'S THE NOT THE APPLICANT'S FAULT.

11:05:02 BULLET ET DIDN'T -- THEY DIDN'T BRING AN ARBORIST.

11:05:05 WE DIDN'T BRING AN ARBORIST.

11:05:06 WE HAVE NO IDEA WHAT THE HEIGHT OF THOSE BRANCHES ARE AS

11:05:09 THEY APPROACH.

11:05:10 WE CAN WAIVE A COUPLE OF ADDITIONAL PARKING SPACES AND

11:05:13 PERHAPS SAVE THAT TREE.

11:05:14 BUT I'M SPECULATING.

11:05:15 BECAUSE I DON'T HAVE THE INFORMATION.

11:05:17 BUT IT'S THE SAME SITUATION THAT WE WERE IN EARLIER EXCEPT

11:05:20 THE ONLY DIFFERENCE IS THERE'S NO NEIGHBORS IN OPPOSITION

11:05:23 BECAUSE IT'S SITTING -- SO THAT WOULD BE MY MOTION TO

11:05:28 CONTINUE IT.




11:05:28 BECAUSE I DON'T HAVE THE INFORMATION ADEQUATE TO BE ABLE TO

11:05:32 EVALUATE WHETHER OR NOT IT MEETS THE CRITERIA FOR --

11:05:38 >>CHARLIE MIRANDA: WE HAVE A REPORT DON'T WE IN THE FILE?

11:05:41 >>JOHN DINGFELDER: A REPORT ON WHAT?

11:05:43 >>CHARLIE MIRANDA: WELL, THERE'S NO OBJECTION.

11:05:47 CAN I ASK YOU TO COME BACK?

11:05:51 >>MARY SAMANIEGO: YES, SIR.

11:05:52 >>CHARLIE MIRANDA: DID NATURAL RESOURCES SEE THIS PROJECT?

11:05:57 >>MARY SAMANIEGO: YES, SIR.

11:05:58 >> DID THEY EXAMINE IT.

11:05:59 >> YES, SIR.

11:06:00 >> DID THEY LOOK AT THE TREE?

11:06:02 >>MARY SAMANIEGO: YES, SIR.

11:06:03 >> DID THEY MAKE A DETERMINATION?

11:06:04 >> YES, SIR.

11:06:05 >> WHAT WAS THE DETERMINATION?

11:06:06 >>MARY SAMANIEGO: THAT THEY FOUND THIS PROJECT CONSISTENT.

11:06:08 >>CHARLIE MIRANDA: THANK YOU.

11:06:11 >>JOHN DINGFELDER: QUINT WHAT?

11:06:12 WHAT DOES THAT MEAN?

11:06:13 MR. CHAIR, MAY I ASK?

11:06:15 WHAT DOES THAT MEAN, CONSISTENT?

11:06:16 >>MARY SAMANIEGO: IF THEY THOUGHT -- IF THEY THOUGHT THAT

11:06:22 THIS WAS BEING UNNECESSARILY REMOVED FOR A PROJECT, THEY

11:06:25 WOULD HAVE FOUND IT INCONSISTENT.




11:06:28 THAT THE TREE COULD HAVE BEEN SAVED, OR THAT CHANGES TO THE

11:06:30 BUILDING COULD HAVE OCCURRED, AND THAT THE TREE -- THEY

11:06:34 WOULD HAVE FOUND IT INCONSISTENT.

11:06:36 THEY DO THAT VERY OFTEN.

11:06:37 >>JOHN DINGFELDER: BUT THEY ARE NOT HERE TO ANSWER OUR

11:06:39 QUESTIONS.

11:06:39 WE CAN TALK ABOUT THE CIRCLE AROUND THE TREE.

11:06:42 WE CAN TALK ABOUT THE HEIGHT OF THE BRANCHES.

11:06:44 WE DON'T HAVE ANY OF THAT INFORMATION UNLESS I'M NOT SEEING

11:06:47 IT AND YOU CAN TELL ME WHERE IT IS.

11:06:49 IT'S NOT HERE.

11:06:50 >>MARY SAMANIEGO: I'M NOT ARGUING WITH YOU, SIR.

11:06:54 >>JOHN DINGFELDER: OKAY.

11:06:54 SO JUST BECAUSE THEY, QUOTE, FOUND IT CONSISTENT, THEY ARE

11:06:57 OPERATING UNDER VERY TIGHT CONSTRAINTS, OKAY.

11:07:00 THEY HAVE BEEN GIVEN A SITE PLAN, THE DEVELOPER COMES IN AND

11:07:03 SAYS, HERE IS MY BOX, OKAY, AND IT'S REALLY CLOSE TO THE

11:07:07 TREE, AND THEN UP LOOK AT IT AND THEY GO, YEAH, IT'S REALLY

11:07:10 CLOSE TO THE TREE.

11:07:11 OKAY, IT'S CONSISTENT.

11:07:14 THAT'S THEIR EVALUATION.

11:07:14 >>MARY SAMANIEGO: I'M SORRY.

11:07:16 MARY SAMANIEGO.

11:07:17 I DON'T WANT TO ARGUE, BUT THERE IS EXTENSIVE EVALUATION.

11:07:21 THERE'S QUITE A LENGTHY TREE TABLE AND TREE CODE NOW THAT




11:07:25 THEY ARE ON THE BOOKS THAT'S VERY COMPLICATED.

11:07:28 STAFF GOES OUT AT LEAST TWICE AND MEASURES AND EVALUATES

11:07:30 EVERY GRAND TREE.

11:07:32 >>JOHN DINGFELDER: RIGHT.

11:07:33 AND THESE MY POINT.

11:07:34 THEY ARE NOT HERE TO DISCUSS IT WITH US.

11:07:35 AND THIS IS A CRITICAL ISSUE.

11:07:37 >>CHARLIE MIRANDA: I AM GOING TO SAY SOMETHING.

11:07:41 IN MY 26 YEARS OF PUBLIC SERVICE, I HAVE NEVER GONE TO THE

11:07:44 AUDIENCE TO SPEAK TO ANYONE, PETITIONER OR OTHERWISE.

11:07:48 WHEN THERE WAS A HEARING.

11:07:50 I HAVE WITNESSED NOW THREE TIMES SOMEONE HAS DONE THAT.

11:07:55 NOT ME.

11:07:57 SO I SEE A HEARING BEING HELD.

11:08:00 I SEE THE PEOPLE LEAVE THAT WERE IN OPPOSITION.

11:08:03 AND I SEE THE DEVELOPER LEAVING.

11:08:05 HE CALLS THEM BACK.

11:08:06 AND ASKS THEM, OH, WE CAN WORK THIS OUT.

11:08:09 WHAT?

11:08:10 AND NO ONE HAS EVER SAID ANYTHING.

11:08:11 THE NEXT TIME THAT HAPPENS, I AM LEAVING THIS CITY COUNCIL.

11:08:16 END OF STORY.

11:08:18 THANK YOU.

11:08:18 >>LUIS VIERA: THANK YOU, SIR.

11:08:21 COUNCILMAN GUDES, YOU HAVE A STATEMENT OR A QUESTION?




11:08:27 >>ORLANDO GUDES: WELL, I AM NOT A BIG TREE GAY.

11:08:30 MY AREA OF TOWN WE DON'T DEAL WITH A LOT OF TREE ISSUES LIKE

11:08:35 OTHER PLACES.

11:08:36 BUT I KNOW THAT TREES ARE IMPORTANT.

11:08:39 BUT WHAT I DO SEE ON A CONSISTENT BASIS WHEN THERE ARE

11:08:43 ISSUES FOR WAIVERS, FOR THAT PARTICULAR PROCESS.

11:08:51 I SEE MS. CALLOWAY IN THE BACK.

11:08:53 SHE'S IN HERE.

11:08:54 SO I CAN SEE MR. DINGFELDER'S POINT IS IF THERE ARE TREE

11:08:58 ISSUES, SOMEBODY FROM NATURAL RESOURCES SHOULD BE HERE TO

11:09:02 TALK ABOUT AN ISSUE THAT IS BROUGHT UP.

11:09:08 OR MORE INFORMATION AS RELATES TO THE TREE, SO I DO SEE HIS

11:09:13 POINT AS IT RELATES TO IF THERE IS AN INCONSISTENCY AND A

11:09:19 TREE IS THE ISSUE, SOMEBODY SHOULD BE HERE ESPECIALLY IF YOU

11:09:23 HAVE SOMEBODY ELSE FROM ANOTHER DEPARTMENT WHO CAN SPEAK ON

11:09:25 THE INCONSISTENCY.

11:09:26 SO I THINK THAT'S SOMETHING WE NEED TO LOOK AT IN THE

11:09:29 FUTURE.

11:09:30 BUT I DO SEE HIS POINT OF WHAT HE'S SAYING.

11:09:33 BECAUSE AGAIN WE DON'T KNOW -- I DON'T NOT A LOT ABOUT

11:09:35 TREES.

11:09:36 I SEE TREES -- I DO KIND OF SEE HIS POINT.

11:09:43 >>JOSEPH CITRO: MOVE TO CLOSE.

11:09:44 >>LUIS VIERA: ANYONE ELSE BEFORE WE CLOSE?

11:09:46 AND SIR, DID YOU WISH TO MAKE A MOTION AT ALL?




11:09:49 >>JOHN DINGFELDER: THAT WOULD BE MY MOTION.

11:09:50 THE SAME MOTION WE MADE EARLIER ON THAT OTHER CASE.

11:09:52 IT'S EXACTLY THE SAME SITUATION.

11:09:54 WE HAVE A BIG TREE THAT POTENTIALLY HAS IMPACT BUT WE DON'T

11:09:56 KNOW, WE DON'T HAVE THE INFORMATION, WE DON'T HAVE THE

11:09:59 TESTIMONY.

11:09:59 SO I WOULD ASK FOR A CONTINUANCE SO WE CAN HAVE ADEQUATE

11:10:02 INFORMATION.

11:10:03 OTHERWISE THERE'S NO WAY THAT YOU GUYS CAN EVALUATOR I CAN

11:10:06 EVALUATE THE WAIVER.

11:10:07 >>LUIS VIERA: OKAY.

11:10:08 WE HAVE A MOTION TO CONTINUE BY COUNCILMAN DINGFELDER.

11:10:12 SECONDED -- YES, SIR?

11:10:14 >>MARTIN SHELBY: WOULD YOU LIKE TO HEAR FROM THE PETITIONER

11:10:15 ON THIS?

11:10:17 >>LUIS VIERA: GOOD POINT.

11:10:18 >>MARTIN SHELBY: ALSO YOU HEARD COUNCIL'S CONCERNS IF YOU

11:10:22 WANT TO PUT ANYTHING ON THE RECORD NOW IS THE OPPORTUNITY

11:10:24 AND IF YOU WISH TO HAVE A PARTICULAR DATE THAT WOULD ALSO BE

11:10:26 HELPFUL.

11:10:27 >> I WOULD LIKE TO NOT CONTINUE THIS BECAUSE THE PROBLEM IS

11:10:30 NOT LIMB HEIGHT.

11:10:31 LIMB HIGHLIGHT WILL NOT AFFECT THE PARKING.

11:10:34 THE LOCATION OF THE TREE.

11:10:36 IT'S PATENTLY OBVIOUS TO ME AND COUNTLESS COUNTLESS HOURS




11:10:39 HAVE BEEN SPENT BY THE ENGINEERING TEAM AND TRUST ME, THE

11:10:42 TREE PEOPLE ARE NOT EASY WHEN WE GO THROUGH THESE

11:10:45 PREAPPLICATION PROCESSES.

11:10:47 WE GET RAKED OVER THE COALS.

11:10:49 THIS IS THE PRODUCT OF MANY, MANY HOURS OF CONFIGURING THIS

11:10:52 SITE AND THE BEST WAY POSSIBLE, AND WHAT YOU ARE LEFT WITH

11:10:55 IS A TREE THAT TOUCHES THE GROUND.

11:10:57 LIMB HEIGHT NOT WITHSTANDING.

11:10:59 THE TREE TOUCHES THE GROUND.

11:11:00 YOU HAVE GOT TO PARK IT AND PEOPLE HAVE TO BACK IN AND OUT

11:11:03 AND COME AND GO.

11:11:04 I WOULD REQUEST NO CONTINUANCE AND I WOULD REQUEST YOUR

11:11:07 APPROVAL.

11:11:08 THANK YOU.

11:11:08 >>LUIS VIERA: THANK YOU.

11:11:10 THANK YOU, SIR.

11:11:10 WE HAVE A MOTION TO CONTINUE BY COUNCILMAN DINGFELDER AND

11:11:13 SECOND BY -- COUNCILMAN CARLSON.

11:11:20 ALL IN FAVOR? ANY OPPOSED?

11:11:22 >> ASK FOR A ROLL CALL VOTE.

11:11:30 >>JOHN DINGFELDER: AYE.

11:11:31 >>ORLANDO GUDES: AYE.

11:11:32 >>GUIDO MANISCALCO: AYE.

11:11:33 >>LUIS VIERA: NAY.

11:11:35 >>JOSEPH CITRO: NAY.




11:11:36 >>CHARLIE MIRANDA: NO.

11:11:37 >> THE MOTION CARRIED WITH VIERA, CITRO AND MIRANDA VOTING

11:11:46 NO.

11:11:48 OKAY.

11:11:49 AND COUNCILMAN DINGFELDER, SIR, DO YOU HAVE A DATE FOR THAT?

11:11:52 >>JOHN DINGFELDER: I HAVE TO ENTERTAIN ONE.

11:11:54 IT CAN BE AS SOON AS POSSIBLE.

11:11:55 I AM NOT TRYING TO HOLD UP A DEVELOPER BY ANY MEANS.

11:12:08 MR. BRICKLEMYER, WE ARE LOOKING FOR A DATE THAT WILL WORK ON

11:12:11 YOUR CALENDAR.

11:12:12 LIKE YOU SAY I AM NOT TRYING TO HOLD YOU UP.

11:12:16 YOU MAY WELL BE RIGHT.

11:12:17 >>MARTIN SHELBY: MR. BRICKLEMYER, THERE IS A NIGHT MEETING

11:12:27 TWO WEEKS FROM TONIGHT ON THE 24th, I BELIEVE IS THE

11:12:34 DATE.

11:12:34 >> BRICKLEMYER: THURSDAY THE 24th.

11:12:39 >> HOW DOES YOUR CALENDAR LOOK, SIR?

11:12:43 >> IT LOOKS CLEAR.

11:12:45 >>LUIS VIERA: WE'LL MAKE YOU NUMBER TWO, SIR.

11:12:51 OKAY, GREAT.

11:12:52 >>MARTIN SHELBY: OCTOBER 24th, 2019.

11:12:55 THE SECOND ITEM AT 6:00 P.M.

11:13:01 >>LUIS VIERA: OKAY.

11:13:02 WE MOVE NEXT TO ITEM NUMBER 10.

11:13:05 IS STAFF HERE FOR NUMBER 10?




11:13:07 >>MARY SAMANIEGO: ITEM NUMBER 10 IS REZ 19-79, A REZONING

11:13:17 REQUEST AT 711 SITE DALE MABRY HIGHWAY FROM PLAN DEVELOPMENT

11:13:21 TO PLANNED DEVELOPMENT FOR BANK WITH DRIVE-IN WINDOW,

11:13:24 BUSINESS PROFESSIONAL OFFICE, MEDICAL OFFICE, AND CLINIC.

11:13:26 >> DANNY COLLINS: PLANNING COMMISSION STAFF.

11:13:40 I HAVE BEEN SWORN.

11:13:41 NEXT CASE IS IN THE SOUTH TAMPA PLANNING DISTRICT.

11:13:44 THE SITE IS AT 711 SOUTH DALE MABRY HIGHWAY.

11:13:49 TRANSIT IS AVAILABLE IN PROXIMITY TO THE SUBJECT SITE.

11:13:55 SOUTH DALE MABRY HIGHWAY TRAFFIC EMPHASIS CORRIDOR IN A

11:13:59 MIXED USE CORRIDOR.

11:14:00 THIS IS IN A C EVACUATION ZONE.

11:14:06 THIS IS AN AERIAL OF THE SUBJECT SITE.

11:14:07 SUBJECT SITE OUTLINED IN PURPLE.

11:14:11 THIS IS SOUTH DALE MABRY HIGHWAY.

11:14:13 YOU WILL SEE COMMERCIAL AND OFFICE USES UP ALONG DALE MABRY.

11:14:18 AND THEN YOU WILL SEE RESIDENTIAL USES TOWARD THE EAST AND

11:14:22 WEST OF THE SUBJECT SITE.

11:14:29 THIS IS THE ADOPTIVE FUTURE LAND USE MAP.

11:14:33 THE SITE IS CURRENTLY DESIGNATED COMMERCIAL MIXED USE 35.

11:14:39 THAT'S SHOWN IN THE COLOR PINK.

11:14:42 ON THE FUTURE LAND USE MAP.

11:14:44 SMU 35 GOES DOWN HENDERSON BOULEVARD, SOUTH DALE MABRY

11:14:49 HIGHWAY.

11:14:51 AS YOU MOVE AWAY FROM DALE MABRY, YOU WILL SEE RESIDENTIAL




11:14:54 20 IN THE GREEN, AND TAN COLOR IS RESIDENTIAL 10.

11:14:59 THE PLANNING COMMISSION STAFF HAS REVIEWED THE APPLICATION

11:15:02 AND FOUND THE PLANNED DEVELOPMENT COMPARABLE TO THE EXISTING

11:15:05 DEVELOPMENT PATTERN ALONG SOUTH DALE MABRY HIGHWAY.

11:15:09 THE PD IS VERY SUPPORTIVE OF THE COMPREHENSIVE PLAN POLICIES

11:15:13 REGARDING SIDEWALKS AND PEDESTRIAN CONNECTIONS AND DESIGN.

11:15:17 SIDEWALKS, CROSSWALKS, FACILITATE A SAFE PEDESTRIAN

11:15:21 CONNECTION FROM SOUTH DALE MABRY HIGHWAY TO BUILDING

11:15:24 ENTRANCES AND THE ELEVATION SO IT'S TRANSPARENT AND

11:15:27 FRIENDLY -- FRIENDLY ENTRANCE.

11:15:31 BASED ON THOSE CONSIDERATIONS PLANNING COMMISSION STAFF

11:15:33 FINDS THE REQUEST CONSISTENT WITH THE TAMPA COMPREHENSIVE

11:15:36 PLAN.

11:15:36 >>LUIS VIERA: THANK YOU VERY MUCH.

11:15:38 ANY QUESTIONS?

11:15:38 >>MARY SAMANIEGO: PLANNING DESIGN AND DEVELOPMENT

11:15:45 COORDINATION.

11:15:50 IN THIS PROPERTY, LET ME SHOW YOU.

11:15:55 THIS PROPERTY IS LOCATED ON DALE MABRY AND TO THE SOUTH, AND

11:16:04 THERE ARE SOME TOWNHOMES TO THE NORTH, A SMALL OFFICE

11:16:08 DIRECTLY TO THE WEST, AND A SCHOOL DO IT SOUTH.

11:16:28 THIS PROPERTY WAS ORIGINALLY DEVELOPED AS A PLANNED

11:16:30 DEVELOPMENT BACK IN 2004.

11:16:32 IT WAS 464 TO ALLOW FOR A BANK WITH A DRIVE-IN WINDOW.

11:16:38 THAT PROJECT WAS DEVELOPED AND THAT PROJECT IS CURRENTLY




11:16:41 ON-SITE.

11:16:42 THE APPLICANT IS PROPOSING WITH THIS CURRENT PLANNED TWO

11:16:48 OPTIONS.

11:16:48 AND THESE ARE REFLECTED IN SITE PLANS SO THAT OPTION 1 AND

11:16:53 OPTION 2.

11:16:54 OPTION 1 IS TO KEEP THE EXISTING ENTITLEMENTS OF THAT WERE

11:16:57 APPROVED UNDER D-0464.

11:17:00 SO THAT WOULD BE OPTION 1 THAT THEY COULD RETAIN

11:17:04 ENTITLEMENTS PREVIOUSLY APPROVED.

11:17:07 OPTION 2 IS A SLIGHT REMODELING OF THE PROPERTY.

11:17:13 THE PARKING GARAGE, THE MAIN BUILDING WOULD REMAIN THE SAME.

11:17:19 THEY WOULD DO A VERY SMALL ADDITION TO THE FRONT.

11:17:22 AND SOME MINOR REMODELING ADDITION KIND OF INTERIOR BETWEEN

11:17:27 THE PARKING GARAGE AND THE BUILDING.

11:17:29 THOSE INCREASED SQUARE FOOTAGE WOULD BE APPROXIMATELY 3,000

11:17:37 SQUARE FEET OF ADDITIONAL BUILDING.

11:17:40 ALSO, THE EXISTING RETENTION POND WOULD BE COVERED AND THERE

11:17:45 WOULD BE A SYSTEM IN PLACE FOR STORMWATER AND ADDITIONAL

11:17:48 PARKING WILL BE IN PLACE.

11:17:50 BUT BASICALLY, THE PARKING GARAGE WOULD BE THE SAME,

11:17:55 MAJORITY OF THE BUILDING WOULD BE THE SAME, THE DRIVE-IN

11:17:58 WINDOW WOULD BE DRIVE-THROUGH LANE WOULD BE REMOVED AND A

11:18:01 SMALL ADDITION.

11:18:02 AND THEN OPTION 2 WOULD ALLOW FOR BUSINESS PROFESSIONAL

11:18:05 OFFICE USES, MEDICAL OFFICE USES AND PARKING.




11:18:12 FOR THE NEWLY PROPOSED PLANNED DEVELOPMENT OPTION 2 THE

11:18:16 SETBACKS ARE 10 FROM THE FRONT, ZERO FROM THE SIDE, 14 FROM

11:18:20 THE REAR.

11:18:21 THE MAXIMUM BUILDING HEIGHT IS 40 FEET.

11:18:23 THE EXISTING OPTION 1 REQUIRED 88 PARKING SPACES AND 161

11:18:29 WERE PROVIDED IN THE COMBINATION OF THE SURFACE PARKING AND

11:18:32 A PARKING GARAGE, WITH OPTION NUMBER 2, WHICH IS THE ONE YOU

11:18:35 SEE BEFORE YOU WHICH IS FOR THE NEW CONSTRUCTION, 182 SPACES

11:18:39 ARE REQUIRED AND 183 ARE PROVIDED.

11:18:44 THERE ARE SOME MINOR CHANGES BETWEEN FIRST AND SECOND

11:18:47 READING WITH PLANNING AND DEVELOPMENT AND DESIGN.

11:18:50 THERE'S ONE CHANGE BETWEEN FIRST AND SECOND READING FROM

11:18:53 TRANSPORTATION.

11:18:55 TRANSPORTATION DID FIND THIS INCONSISTENT BECAUSE OF ACCESS

11:18:59 TO A LOCAL STREET, McKAY AVENUE IS CONSIDERED A LOCAL

11:19:02 STREET.

11:19:04 AND BECAUSE THEY ARE ADDING USES TO THIS PLANNED DEVELOPMENT

11:19:08 RECONSIDERATION TO ALL DRIVEWAY CUTS ARE REQUIRED BY CODE,

11:19:12 SO CITY COUNCIL MUST REEVALUATE A WAIVER REQUEST FOR ACCESS

11:19:17 TO THE LOCAL STREET FOR NONRESIDENTIAL TRAFFIC.

11:19:24 THE PREVIOUSLY APPROVED WAIVERS LISTED ON YOUR SITE PLAN --

11:19:27 I'M SORRY, THE STAFF REPORT, AND THEN NEW WAIVERS ARE ACCESS

11:19:31 TO A LOCAL, McKAY STREET, TO REDUCE THE REQUIRED NUMBER OF

11:19:35 LOADING BERTHS FROM 3 LOADING BERTHS TO ZERO AND CONTRIBUTED

11:19:39 TO THE TREE TRUST FUND FOR ANY APPLICABLE MED MITIGATION OF




11:19:43 REQUIRED TREES.

11:19:46 OVERALL THE DEVELOPMENT WOULD BE IN COMPLIANCE.

11:19:48 STAFF DID FIND THIS INCONSISTENT WITH THE CITY OF TAMPA

11:19:51 DEVELOPMENT CODE PRIMARILY FOR THE ACCESS TO THE LOCAL FOR

11:19:57 NONRESIDENTIAL TRAFFIC.

11:19:58 IF CITY COUNCIL DOES APPROVE THE WAIVERS AND THE PD SITE

11:20:01 PLAN, PLEASE MAKE NOTE OF THE MODIFICATIONS BETWEEN FIRST

11:20:06 AND SECOND READING.

11:20:08 DO YOU HAVE ANY QUESTIONS FOR ME?

11:20:10 >>LUIS VIERA: ANY QUESTIONS?

11:20:11 THANK YOU, MA'AM.

11:20:12 APPLICANT, PLEASE.

11:20:21 >>MORRIS MASSEY: 101 EAST KENNEDY BOULEVARD SUITE 3700 HERE

11:20:25 IN TAMPA.

11:20:25 I HAVE BEEN SWORN REPRESENTING APPLICANT IN CONNECTION WITH

11:20:28 THIS PETITION.

11:20:30 FIRST, THE REASON FOR THE TWO SITE PLAN ALTERNATIVES ARE

11:20:34 CONTRACTUALLY WE HAVE THE PROPERTY UNDER CONTRACT.

11:20:37 CONTRACTUALLY THIS IS THE GEHTE FEDERAL CREDIT UNION ON

11:20:41 SOUTH DALE MABRY.

11:20:42 THEY ASKED THAT WE KEEP THE REMAINING PD IN PLACE IN THE

11:20:45 EVENT WE THINK DON'T CLOSE SO THAT THEY HAVE EXACTLY WHAT

11:20:48 WAS APPROVED BACK IN 2004.

11:20:51 WITHOUT ANY ADDITIONAL REQUIREMENTS OR CONDITIONS APPLICABLE

11:20:55 TO THAT PROJECT.




11:20:56 SO THAT'S THE REASON FOR ALTERNATIVE 1.

11:21:00 RELATIVE TO ALTERNATIVE 2, WHICH IS REALLY WHY WE ARE HERE

11:21:03 TONIGHT, WE ARE PROPOSING TO CONVERT AN EXISTING 26,000

11:21:10 SQUARE FOOT BUILDING FROM FINANCIAL AND BANK OFFICES TO A

11:21:15 MEDICAL OFFICE BUILDING WITH THE POTENTIAL OF IN THE FUTURE

11:21:20 ADDING A 2500 SQUARE FOOT URGENT CARE FACILITY IN THE FRONT

11:21:24 BETWEEN THE EXISTING BUILDING AND DALE MABRY HIGHWAY.

11:21:29 ONE OF THE GREAT ATTRIBUTES OF THIS SITE IS WITH THE 150

11:21:32 SPACE PARKING GARAGE IN THE REAR ON THE WEST SIDE OF THE

11:21:35 BUILDING, AND THE PARKING THAT'S AVAILABLE ON THE FRONT, WE

11:21:40 CAN MEET THE MEDICAL OFFICE PARKING REQUIREMENTS ON-SITE.

11:21:47 SO THAT IS ONE OF THE PRIMARY REASONS WHY THIS SITE IS SO

11:21:50 ATTRACTIVE.

11:21:55 REFERENCE TO THE WAIVERS AND THE FINDING OF INCONSISTENCY,

11:21:58 LET ME PUT UP THE SITE PLAN HERE.

11:22:05 I WILL WALK THROUGH IT.

11:22:07 HIGHLIGHTED IN YELLOW IS THE POSSIBLE EXPANSION IN THE

11:22:09 FUTURE.

11:22:10 THIS IS THE PARKING AREA THAT WILL BE ADDED WITH THE DRY

11:22:14 RETENTION POND.

11:22:15 WE ARE NOT CHANGING THE ACCESS DRIVEWAY NOW.

11:22:18 THIS IS WHAT WAS APPROVED IN 2004.

11:22:21 THE PROPERTY DOES FACE DALE MABRY.

11:22:23 THERE IS ONE DRIVEWAY FROM DALE MABRY INTO THE SITE BUT IT

11:22:27 IS A RIGHT-IN ACCESS POINT NOW, AND IT WILL BE A RIGHT-IN




11:22:31 ACCESS POINT ONLY IN THE FUTURE.

11:22:33 FDOT WILL NOT ALLOW THAT TO BE A FULL INCREASE SO IT'S

11:22:40 RIGHT-IN ONLY.

11:22:41 SO NO ACCESS TO THE PARKING IN THE FRONT, TO UTILIZE IT, IN

11:22:47 THIS ALTERNATIVE 1.

11:22:49 IN ALTERNATIVE 2 YOU HAVE TO BE ABLE TO EXIT THE PARKING LOT

11:22:52 ONTO McKAY HERE, AN EXISTING DRIVEWAY, AND WE ARE

11:22:55 INDICATING THIS WILL BE AN EXIT ONLY DRIVEWAY LOCATION.

11:22:59 THEN OBVIOUSLY THE PARKING GARAGE, WHICH FACES McKAY, THE

11:23:03 ONLY WAY YOU CAN ACCESS THIS PARKING LOT IS FROM McKAY.

11:23:07 SO AGAIN WE ARE AGREEING TO CERTAIN MODIFICATIONS TO THE

11:23:10 DRIVEWAY HERE SO IT WOULD BE AN ENTRY ONLY IN THIS LOCATION.

11:23:15 THIS SEGMENT OF McKAY BETWEEN DALE MABRY AND CHURCH, THERE

11:23:19 ARE NO RESIDENTIAL USES WHATSOEVER.

11:23:24 TV GTE BUILDING OCCUPIES MOST OF THE NORTHERN SIDE OF THE

11:23:27 PROPERTY.

11:23:28 THERE IS AN SMALL LAW OFFICE BUILDING HERE THAT FACES CHURCH

11:23:31 STREET, BUT IT'S ALL NONRESIDENTIAL US ON THE NORTH SIDE.

11:23:36 ON THE SOUTH SIDE, IT'S CHRIST THE KING CHURCH, SCHOOL AND

11:23:40 SCHOOL.

11:23:40 WE MET WITH THEM EARLY IN THE PROCESS.

11:23:44 THEY HAVE NO OBJECTION TO OUR APPLICATION.

11:23:47 OUR CURRENT DRIVEWAY CONNECTIONS TO McKAY.

11:23:49 WE ALSO HELD A NEIGHBORHOOD MEETING AT CHRIST THE KING

11:23:52 CHURCH ABOUT 30 DAYS AGO, AND WE GOT ONE PERSON SHOWED UP.




11:23:56 SO I DON'T THINK THIS IS A MAJOR ISSUE FOR THE NEIGHBORHOOD.

11:24:00 ANOTHER WAIVER INVOLVES ERODING AREA IN THE CODE FOR THESE

11:24:08 TYPES OF USES, MEDICAL OFFICE, WE REALLY DON'T NEED MAJOR

11:24:11 TRUCKS COMING IN, AND THAT WOULD BE DISTURBING TO THE

11:24:14 NEIGHBORS.

11:24:14 SO WE DON'T REALLY NEED THAT AT ALL.

11:24:17 WE ARE ASKING THAT TO BE WAIVED.

11:24:18 THE OTHER REQUIREMENT, THE OTHER WAIVER WE ARE SEEKING, WE

11:24:22 THINK THAT IN THE EVENT THAT WE DO THE SMALL ADDITION HERE

11:24:25 AND WE WILL HAVE TO REMOVE PROTECTED, NONGRAND BUT A COUPLE

11:24:30 PROTECTED TREES.

11:24:31 WE MAY BE ABLE TO REPLACE THEM ON-SITE.

11:24:33 BUT WITH THE PARKING GARAGE AND THE BUILDING AND THE

11:24:37 DRIVEWAY INTO THE SITE, WE ARE LIMITED WHERE WE CAN PLANT

11:24:40 THE TREES.

11:24:41 SO WE ARE ASKING THE ABILITY TO BAY TO THE TREE TRUST FUND.

11:24:44 WITH THAT, THAT REALLY IS MY PRESENTATION.

11:24:47 IF YOU HAVE ANY QUESTIONS FEEL FREE.

11:24:49 I'M HERE TO ANSWER.

11:24:50 WE HAVE GOT FOLKS IN THE BACK WHO WILL BE HAPPY TO ANSWER

11:24:53 ANY QUESTIONS FOR YOU.

11:24:54 THANK YOU.

11:24:55 >>LUIS VIERA: ANY QUESTIONS BY COUNCIL?

11:24:57 OKAY.

11:24:59 IS ANYONE HERE FROM THE PUBLIC HERE TO SPEAK ON ITEM NUMBER




11:25:01 10?

11:25:02 IF SO, PLEASE COME FORWARD.

11:25:03 THREE MINUTES PER PERSON.

11:25:04 >> I DON'T HAVE TO CATCH A PLANE TILL 4.

11:25:12 I DON'T CARE.

11:25:13 I REALLY DON'T.

11:25:14 >>LUIS VIERA: DID I HEAR A MOTION TO CLOSE?

11:25:19 OKAY, WE HAVE A MOTION TO CLOSE BY COUNCILMAN MANISCALCO.

11:25:22 A SECOND BY COUNCILMAN GUDES.

11:25:23 ALL IN FAVOR?

11:25:25 ANY OPPOSED?

11:25:26 OKAY.

11:25:28 I BELIEVE COUNCILMAN CARLSON, ARE YOU COMFORTABLE TAKING

11:25:31 THIS ONE, SIR?

11:25:34 NUMBER 10.

11:25:40 >>BILL CARLSON: FILE NUMBER REZ 19-79.

11:25:44 MOVE AN ORDINANCE PRESENTED FOR FIRST READING CONSIDERATION,

11:25:47 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF

11:25:49 711 SOUTH DALE MABRY HIGHWAY IN THE CITY OF TAMPA, FLORIDA

11:25:52 AND MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING

11:25:55 DISTRICT CLASSIFICATION PD PLANNED DEVELOPMENT, BANK WITH

11:25:59 DRIVE-IN AND BUSINESS PROFESSIONAL OFFICE TO PD, PLANNED

11:26:02 DEVELOPMENT, BANK WITH DRIVE-IN, MEDICAL OFFICE, BUSINESS

11:26:06 PROFESSIONAL, OFFICE, CLINIC, PROVIDING AN EFFECTIVE DATE.

11:26:09 >>CHARLIE MIRANDA: SECOND.




11:26:12 >>LUIS VIERA: WE HAVE A MOTION BY COUNCILMAN CARLSON.

11:26:14 A SECOND BY COUNCILMAN MIRANDA.

11:26:18 >>BILL CARLSON: PLUS THE AMENDMENT FOR SECOND READING,

11:26:20 ET CETERA.

11:26:21 AND THE REVISION SHEET.

11:26:22 >>LUIS VIERA: OKAY.

11:26:24 ALL IN FAVOR?

11:26:25 ANY OPPOSED?

11:26:28 >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.

11:26:30 SECOND READING AND ADOPTION WILL BE ON NOVEMBER 7th AT

11:26:32 9:30 A.M.

11:26:38 >>LUIS VIERA: OKAY.

11:26:38 WE ARE DOWN TO THE FINAL COUNTDOWN.

11:26:41 WE HAVE NUMBER 11.

11:26:42 >>MARY SAMANIEGO: PLAN AND DESIGN DEVELOPMENT COORDINATION.

11:26:45 NUMBER 11 IS REZ 19-80, REZONING REQUEST FOR 624 SOUTH

11:26:49 MACDILL AVENUE FROM CG AND RM 24 TO PD FOR MEDICAL OFFICE

11:26:55 AND BUSINESS PROFESSIONAL OFFICE.

11:26:57 624 SOUTH MACDILL.

11:26:59 >> DANNY COLLINS: PLANNING COMMISSION STAFF.

11:27:14 I HAVE BEEN SWORN IN.

11:27:15 THIS IS OUR LAST CASE, BRINGS US TO THE CENTRAL TAMPA

11:27:18 PLANNING DISTRICT.

11:27:21 THE SITE IS GENERALLY LOCATED SOUTH OF WEST DeLEON STREET,

11:27:25 NORTH OF WEST SWANN AVENUE, TRANSIT IS AVAILABLE ALONG SOUTH




11:27:30 DALE MABRY, SOUTH MACDILL AVENUE AND WEST SWANN AVENUE.

11:27:34 THE SITE IS IN A C EVACUATION ZONE.

11:27:40 THIS IS AN AERIAL OF THE SUBJECT SITE.

11:27:42 YOU WILL SEE SOUTH MACDILL AVENUE.

11:27:46 YOU WILL SEE SWANN EAST AND WEST.

11:27:50 YOU WILL SEE THIS AREA SOUTH OF SWANN IS RESIDENTIAL.

11:27:56 AND THEN ON MacDILL YOU WILL SEE COMMERCIAL AND OFFICE

11:28:00 USES.

11:28:04 THIS IS THE ADOPTED FUTURE LAND USE MAP.

11:28:09 THE SITE IS SHOWN HERE OUTLINED IN PURPLE AS FUTURE LAND USE

11:28:13 CATEGORIES, COMMERCIAL MIXED USE 35, WHICH IS SHOWN IN PINK.

11:28:17 AND IN THE DARK GREEN COLOR IS RESIDENTIAL 35 WHICH IS SHOWN

11:28:25 IN THIS PORTION OF THE SUBJECT SITE.

11:28:27 THE SITE IS SURROUNDED BY RESIDENTIAL 35, CMU-35 ALONG SOUTH

11:28:32 MACDILL, AND THEN THIS YELLOW SOUTH OF SWANN IS THE

11:28:38 RESIDENTIAL 6.

11:28:41 PLANNING COMMISSION STAFF HAS REVIEWED THE APPLICATION.

11:28:43 WE FOUND THE REQUEST FOLLOWED MANY TAMPA COMPREHENSIVE PLAN

11:28:47 POLICIES, REVITALIZE AND REDEVELOP AN EXISTING BUILDING,

11:28:52 WHICH IS ENCOURAGED BY THE COMPREHENSIVE PLAN.

11:28:55 THE PD WILL NOT ALTER THE ESTABLISHED DEVELOPMENT PATTERN

11:28:59 ORIENTATION WHICH PROMOTES SEVERAL OF THE PLANNED POLICIES.

11:29:03 THE PROPOSED PD IS PROVIDING A MASONRY WALL EASTERN PORTION

11:29:08 OF THE SUBJECT SITE WHICH WILL BUFFER THE SITE FROM ANY

11:29:11 RESIDENTIAL USES TO THE EAST.




11:29:14 BASED ON THESE CONSIDERATIONS, THE PLANNING COMMISSION STAFF

11:29:16 FINDS THE REQUEST CONSISTENT WITH THE TAMPA COMPREHENSIVE

11:29:19 PLAN.

11:29:19 >>LUIS VIERA: THANK YOU, SIR.

11:29:21 APPRECIATE IT.

11:29:21 ANY QUESTIONS?

11:29:22 >>MARY SAMANIEGO: PLANNING AND DEVELOPMENT COORDINATION.

11:29:35 HERE IS THE SUBJECT PROPERTY.

11:29:37 CURRENTLY A VACANT RETAIL USE ON MacDILL AVENUE.

11:29:48 WE ARE AT MacDILL AVENUE.

11:29:54 MULTIFAMILY BEHIND THE PROPERTY.

11:29:59 IF YOU CAN SEE THE EXISTING PROPERTY -- AND I AM GOING TO

11:30:02 SHOW YOU PICTURES -- IS A RETAIL BUILDING THAT HAS BEEN

11:30:06 ADDED ON TO SEVERAL TIMES OVER THE COURSE OF THE YEARS.

11:30:11 THIS IS THE LENGTH OF THE SUBJECT PROPERTY WITH THE

11:30:16 APPLICANT IS PROPOSING IS IN EFFECT TO DEMOLISH A PORTION,

11:30:21 THE REAR PORTION OF THE EXISTING BUILDING AND THEN

11:30:25 REHABILITATE THE FRONT PORTION FOR MEDICAL AND BUSINESS

11:30:31 PROFESSIONAL OFFICE USES.

11:30:32 SO LIKE I SAID, THE BUILDING CURRENTLY GOES BACK INTO THIS

11:30:36 AREA.

11:30:36 OF THAT WOULD ALL BE DEMOLISHED.

11:30:38 AND THEN THE EXISTING REMAINING PORTION WOULD BE

11:30:40 REHABILITATED FOR THE NEW USES IF APPROVED, AND THEN THE

11:30:44 SURFACE PARKING LOT WOULD BE WHERE THE END OF THIS BUILDING




11:30:48 CURRENTLY IS.

11:30:56 HERE IS THE BUSINESS PROFESSIONAL MEDICAL OFFICE USES.

11:30:59 BASED ON THE SQUARE FOOTAGE OF THE PROPOSED BUILDING WHICH

11:31:02 IS 8500 SQUARE FEET, A DOLT OF 25 PARKING SPACES ARE

11:31:06 REQUIRED FOR MEDICAL OFFICE USES.

11:31:08 THEY ARE PROPOSING 24 SPACES, A 4% PARKING REDUCTION.

11:31:12 TRANSPORTATION DID FIND THIS INCONSISTENT FOR THE PARKING

11:31:15 REDUCTION.

11:31:19 AND THE WAIVER THAT'S BEING REQUESTED IS IF USE ALONG THE

11:31:23 EAST PROPERTY LINE, BECAUSE IT IS UP AGAINST MULTIFAMILY

11:31:26 DEVELOPMENT.

11:31:27 THE CODE REQUIRES 15 FEET OF LANDSCAPE BUFFER WITH A 6 FAT

11:31:33 HIGH MASONRY WALL, AND TO BRING THE SITE AS CLOSE TO PARKING

11:31:38 AS NECESSARY.

11:31:40 THE 15-FOOT BUFFER.

11:31:44 IN LIEU OF THAT REQUIREMENT INSTEAD OF A 15-FOOT LANDSCAPE

11:31:48 BUFFER WITH A 6-FOOT HIGH WALL THE APPLICANT IS PROPOSING A

11:31:50 WAIVER TO A 6-FOOT LANDSCAPE BUFFER WITH AN 8-FOOT HIGH CMU

11:31:56 WALL.

11:32:22 >>LUIS VIERA: THANK YOU VERY MUCH.

11:32:23 APPLICANT.

11:32:23 >> I THINK I'M GOOD.

11:32:28 >> CLAYTON BRICKLEMYER AGAIN, 601 ASHLEY.

11:32:35 HAPPY TO REPORT THE SITE HAS NO TREES.

11:32:42 [ LAUGHTER ]




11:32:46 AGAIN, I'M GOING TO SKIP TO THE WAIVERS BECAUSE I WANT TO GO

11:32:48 HOME.

11:32:49 THE WAIVER ON THE USE BUFFER, I JUST WANT TO BE CLEAR.

11:32:51 I'LL SHOW YOU THIS REAL QUICK.

11:32:53 MARY SORT OF DESCRIBED IT.

11:32:54 IT'S REALLY HARD TO CATCH IN A PICTURE.

11:32:56 BUT THE CURRENT STRUCTURE IS AN INDUSTRIAL BUILDING.

11:32:58 THESE ARE ALL LIKE METAL BUILDINGS AND WHATNOT.

11:33:07 ALREADY AN EIGHT-FOOT WALL IN PLACE THAT RUNS DOWN TO THIS

11:33:10 MASONRY BUILDING, WHICH IS RIGHT UP ON THE PROPERTY LINE.

11:33:14 AS A RESULT, WE SHOW ON THIS PLAN, WE'RE PATCHING THAT

11:33:18 EIGHT-FOOT WALL.

11:33:19 VERY NICE COUPLE OWNS BOTH THIS DUPLEX AND THIS DUPLEX.

11:33:24 I HAD A NICE CHAT WITH THEM, AND THERE IS A SUPPORT LETTER

11:33:26 IN THE FILE.

11:33:27 THEY ARE EXCITED THAT THIS IS GOING TO GET A LOT NICER.

11:33:32 IT'S ADAPTIVE REUSE, THE PARKING WAIVER.

11:33:35 WE MANAGED TO WORK REALLY HARD AND GET IT DOWN TO JUST THE

11:33:38 ONE SPOT.

11:33:39 I THINK WE MEET ALL THE CRITERIA, AND I'M AVAILABLE FOR

11:33:43 QUESTIONS.

11:33:43 >>LUIS VIERA: ANY QUESTIONS FROM COUNCIL?

11:33:45 OKAY.

11:33:47 THANK YOU VERY MUCH.

11:33:47 ANYBODY HERE -- COUNCILMAN DINGFELDER, YOU HAVE A QUESTION,




11:33:51 SIR?

11:33:51 >>JOHN DINGFELDER: NO, YOU GUYS HAVE TO INDULGE ME.

11:33:54 WHEN I WAS 16 YEARS OLD, I WORKED IN THIS BUILDING.

11:33:56 I DON'T KNOW IF CHARLIE REMEMBERS, IT USED TO BE A LAUNDRY.

11:34:00 I WORKED IN THERE, AND IT WAS A LAUNDRY AND WE GOT SHEETS, I

11:34:04 GUESS, FROM TAMPA GENERAL HOSPITAL.

11:34:06 AND I LITERALLY HAD NO FINGERPRINTS BY THE END OF THE SUMMER

11:34:09 BECAUSE THOSE SHEETS WERE SO HOT.

11:34:11 THEY BURNED IT ALL.

11:34:13 CAN I BE FAIR AND IMPARTIAL?

11:34:17 >> WAS THAT YOUR FIRST JOB?

11:34:18 >>JOHN DINGFELDER: IT WAS PROBABLY MY FIRST REAL JOB.

11:34:21 >>LUIS VIERA: MINE WAS KASH 'N KARRY.

11:34:29 ANYBODY HERE TO COMMENT ON NUMBER 11?

11:34:31 IF SO, PLEASE COME FORWARD AT THIS TIME.

11:34:38 >>JOSEPH CITRO: MOTION TO CLOSE.

11:34:39 >>LUIS VIERA: WE HAVE A MOTION TO CLOSE BY COUNCILMAN CITRO,

11:34:42 SECONDED BY COUNCILMAN MANISCALCO.

11:34:44 ALL IN FAVOR?

11:34:44 ANY OPPOSED?

11:34:44 MR. DINGFELDER, DO YOU, SIR, FEEL COMFORTABLE TAKING ITEM

11:34:46 11?

11:34:53 >>JOHN DINGFELDER: SURE.

11:34:55 I WILL -- IS THIS A PD?

11:34:59 I MOVE REZONING FILE REZ 19-80, ITEM 11.




11:35:07 MOVE THE ORDINANCE FOR APPROVAL FOR FIRST READING, ORDINANCE

11:35:12 REZONING PROPERTY IN THE GENERAL VICINITY OF 624 SOUTH

11:35:15 MacDILL AVENUE IN THE CITY OF TAMPA, FLORIDA, MORE

11:35:18 PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT

11:35:20 CLASSIFICATION CG (COMMERCIAL GENERAL) AND RM-24

11:35:24 (RESIDENTIAL, MULTIFAMILY) TO PD (PLANNED DEVELOPMENT,

11:35:27 MEDICAL OFFICE AND BUSINESS/PROFESSIONAL OFFICE); PROVIDING

11:35:30 AN EFFECTIVE DATE.

11:35:32 SPECIFICALLY WOULD NOTE THAT THE PETITIONER HAS MET THE

11:35:35 BURDEN OF PROOF PROVIDING COMPETENT, SUBSTANTIAL EVIDENCE

11:35:37 THAT THE DEVELOPMENT AS CONDITIONED AND SHOWN ON THE SITE

11:35:39 PLAN IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE CITY

11:35:44 CODE AND INCLUDING THE REVISION SHEETS.

11:35:46 >>LUIS VIERA: WE HAVE A MOTION BY COUNCILMAN DINGFELDER.

11:35:48 SECONDED BY COUNCILMAN MANISCALCO.

11:35:50 ALL IN FAVOR?

11:35:50 ANY OPPOSED?

11:35:52 >>THE CLERK: THE MOTION CARRIED UNANIMOUSLY.

11:35:56 SECOND READING AND ADOPTION WILL BE ON NOVEMBER 7 AT

11:35:57 9:30 A.M.

11:35:59 >>LUIS VIERA: WE ARE FINISHED ON LAND USE HEARINGS.

11:36:01 COUNCILMAN CARLSON, ANY MOTIONS OR COMMENTS, SIR?

11:36:06 >>BILL CARLSON: IT SOUNDS LIKE WE SHOULD HAVE A WORKSHOP OR

11:36:10 SOMETHING ON TREES SO WE CAN HAVE A BROADER CONVERSATION.

11:36:12 I'LL LEAVE THAT TO SOMEBODY ELSE.




11:36:14 THERE IS SOMETHING THAT CAME UP DURING THE BREAK THAT I

11:36:20 WANTED TO BRING UP.

11:36:21 SORRY.

11:36:22 I KNOW IT'S LATE.

11:36:24 THE TAMPA/HILLSBOROUGH ECONOMIC DEVELOPMENT CORPORATION HAS

11:36:28 PROPOSED TODAY OR YESTERDAY THAT THEY CHANGED THE NAME TO

11:36:32 TAMPA BAY EDC.

11:36:34 AND IT SET OFF A FIRESTORM IN THE REGION.

11:36:37 THE OTHER EDCs ARE ANGRY ABOUT IT.

11:36:39 THE REASON IS THAT THE TERM "TAMPA BAY" HAS ALWAYS MEANT TO

11:36:44 REPRESENT THE REGION, AND THE TAMPA BAY PARTNERSHIP,

11:36:48 REMEMBER WAS EVEN CONTROVERSIAL 20 YEARS AGO, BUT THEY WERE

11:36:51 REPRESENTING THE REGION.

11:36:52 IN THIS CASE, THERE IS A VERY GOOD EDC IN PINELLAS COUNTY

11:36:55 THAT'S PROBABLY EVEN BETTER THAN THE ONE IN HILLSBOROUGH.

11:36:57 AND THEY TAKE OFFENSE TO IT.

11:36:59 THEY SAY WE HAVE A GREAT RELATION OF PARTNERING AND WE DON'T

11:37:03 WANT THEM TO IMPLY THAT THEY REPRESENT THE WHOLE REGION WHEN

11:37:06 THEY'RE ONLY REPRESENTING TAMPA-HILLSBOROUGH.

11:37:08 I BRING THIS UP BECAUSE WE GIVE THEM $500,000 A YEAR.

11:37:12 I JUST SAW THIS, SO I DON'T HAVE ANY FANCY RESOLUTION

11:37:15 PREPARED.

11:37:15 BUT I WONDER IF WE COULD EITHER PASS A RESOLUTION OR

11:37:17 SCHEDULE IT FOR NEXT TIME TO RECOMMEND THAT THE

11:37:21 TAMPA-HILLSBOROUGH ECONOMIC DEVELOPMENT CORPORATION NOT




11:37:25 INCLUDE THE TERM "TAMPA BAY" IN ITS NAME.

11:37:28 >>CHARLIE MIRANDA: I AGREE WITH YOU.

11:37:30 I DON'T THINK TAMPA BAY SHOULD BE INCLUDED.

11:37:32 >>LUIS VIERA: I AGREE.

11:37:32 COUNCILMAN DINGFELDER.

11:37:34 >>JOHN DINGFELDER: WHAT'S THE TIMETABLE ON THIS, NUMBER ONE?

11:37:36 AND NUMBER TWO, MAYBE WE COULD HEAR FROM THAT GROUP THAT WE

11:37:43 GIVE MONEY TO AND/OR OUR STAFF TO SEE IF THERE'S ANY --

11:37:48 >>BILL CARLSON: THEY ARE GOING TO ROLL IT OUT AT THEIR

11:37:50 ANNUAL MEETING, WHICH I THINK IS IN TWO WEEKS.

11:37:53 >>LUIS VIERA: IF I MAY, HOW ABOUT INSTEAD OF A RESOLUTION,

11:37:56 MAYBE YOU COULD DO IT FASTER AS A LETTER.

11:38:00 FROM ALL OF US.

11:38:01 >>BILL CARLSON: IF WE PUT IT -- YOU ALL TYPICALLY WILL DO AN

11:38:07 ACTION NOTICE.

11:38:07 IF WE JUST HAVE THAT, WE COULD FORWARD IT TO THEM.

11:38:10 IF WE COULD JUST MAKE A STATEMENT THAT WE RECOMMEND DO IT,

11:38:14 IT GOES BACK TO THE THING ABOUT REGIONAL COOPERATION AND

11:38:17 COLLABORATION.

11:38:17 IT SENDS A VERY AGGRESSIVE, NEGATIVE SIGNAL TO THE REGION.

11:38:20 >>JOHN DINGFELDER: WHY ARE THEY DOING IT?

11:38:22 >>BILL CARLSON: I THINK SOME MARKETING PERSON IS THINKING IT

11:38:24 IS A GOOD IDEA.

11:38:25 BY THE WAY, THE TAMPA CHAMBER IS DOING THE SAME THING BUT WE

11:38:28 DON'T GIVE MONEY TO THEM.




11:38:29 THAT WAS ANNOUNCED TODAY, TOO.

11:38:31 WE DON'T HAVE INFLUENCE OVER THAT.

11:38:32 IF WE'RE PUTTING 500,000 IN, WE SHOULD NOT BE SUPPORTING

11:38:38 SOMETHING THAT WILL HURT OUR PARTNERS ACROSS THE BAY.

11:38:40 >>CHARLIE MIRANDA: THERE IS NO CITY.

11:38:42 TAMPA BAY IS A BODY OF WATER.

11:38:43 NOTHING ELSE.

11:38:44 YOU DON'T SEE MIAMI BEACH BAY.

11:38:46 YOU DON'T SEE SAN FRANCISCO BAY.

11:38:49 YOU DON'T SEE NONE OF THAT STUFF.

11:38:51 >>BILL CARLSON: THE TERM "TAMPA BAY" IS GOING TO HAVE NO

11:38:54 VALUE.

11:38:54 I SPEND A LOT OF TIME IN ST. PETE, THEY ARE ALREADY PUSHING,

11:38:57 AND YOU'LL SEE IN THE STORY, PUSHING FOR TAMPA, ST. PETE,

11:39:00 CLEARWATER AGAIN.

11:39:01 THEY WILL STOP USING TAMPA BAY.

11:39:03 IF TAMPA BAY -- IF THE TAMPA CHAMBER AND TAMPA ECONOMIC

11:39:07 DEVELOPMENT GROUPS CAN USE TAMPA BAY THAT MEANS TO THEM IT

11:39:09 REPRESENTS TAMPA, NOT THE REGION.

11:39:11 IT WON'T HAVE ITS MEANING ANYMORE.

11:39:14 >>LUIS VIERA: WHAT DO YOU SUGGEST, SIR?

11:39:16 A LETTER?

11:39:17 A RESOLUTION?

11:39:18 >>BILL CARLSON: I WOULD LIKE TO MAKE A MOTION THAT WE SEND A

11:39:23 SHORT LETTER THAT JUST SAYS THAT WE RECOMMEND THAT THEY NOT




11:39:27 USE THE TERM TAMPA BAY IN THEIR NAME.

11:39:29 >> SECOND.

11:39:30 >>LUIS VIERA: WE HAVE A MOTION BY COUNCILMAN CARLSON.

11:39:32 A SECOND BY COUNCILMAN MANISCALCO.

11:39:34 ALL IN FAVOR?

11:39:35 ANY OPPOSED?

11:39:35 AND COUNCILMAN CARLSON, IF YOU EITHER WANT IT TO COME FROM

11:39:40 THE CHAIR OR YOU CAN COME FROM YOUR OFFICE SAYING THAT

11:39:43 YOU'VE BEEN DESIGNATED --

11:39:45 >>BILL CARLSON: IF IT COULD COME FROM YOU, THAT WOULD BE

11:39:48 GREAT.

11:39:48 >>LUIS VIERA: IF YOU COULD HAVE JASON GET WITH BRANDON

11:39:51 TOMORROW AND WE'LL GET IT TOGETHER.

11:39:53 ANYTHING ELSE?

11:39:53 COUNCILMAN MIRANDA?

11:39:54 COUNCILMAN CITRO?

11:39:56 COUNCILMAN MANISCALCO.

11:39:56 >>GUIDO MANISCALCO: I'M NOT GOING TO MAKE A MOTION TONIGHT,

11:39:59 BUT I'M THINKING ABOUT POSSIBLY IN THE FUTURE, NEAR FUTURE,

11:40:02 DOING A WORKSHOP ON LIMITING STORAGE FACILITIES.

11:40:04 WE HAD THE DISCUSSION EARLIER THIS EVENING, BUT ESPECIALLY

11:40:07 HOW THEY IMPACT THE URBAN NEIGHBORHOODS.

11:40:13 YOU KNOW, WHILE LOOKING AT THE CODE, PERHAPS DOING A

11:40:16 MORATORIUM BUT I'M NOT MAKING A MOTION NOW.

11:40:25 >>LUIS VIERA: ANYTHING ELSE, SIR?




11:40:27 COUNCILMAN GUDES?

11:40:28 >>ORLANDO GUDES: I HAD A DISCUSSION WITH JEAN DUNCAN AND

11:40:34 BRAD EARLIER THIS WEEK.

11:40:36 HAD A LOT OF CONSTITUENTS TALKING ABOUT THE ROUNDABOUTS IN

11:40:40 COMMUNITIES.

11:40:40 I HAD TOLD HIM I WAS GOING TO MAKE A MOTION TONIGHT FOR AN

11:40:44 OVERVIEW OF IT.

11:40:45 TONIGHT, I WOULD LIKE TO MAKE A MOTION THAT THE DIRECTOR OF

11:40:48 TRANSPORTATION COME BEFORE THE TAMPA CITY COUNCIL AND GIVE A

11:40:50 DETAILED OVERVIEW OF THE ROUNDABOUT PROJECT SLATED FOR EAST

11:40:52 TAMPA AND THE CITY OF TAMPA AS A WHOLE.

11:40:55 OVERVIEW POINT OF THIS CONCEPT WITH START DATES AND

11:41:00 COMPLETION DATES, COST OVERVIEW AND FUND SOURCES FOR EAST

11:41:03 TAMPA PROJECT, CITY PROJECTS.

11:41:04 THIS OVERVIEW SCHEDULE DATE OF NOVEMBER 21st, 2019.

11:41:09 >> SECOND.

11:41:11 >>LUIS VIERA: WE HAVE A MOTION BY COUNCILMAN GUDES.

11:41:13 A SECOND BY COUNCILMAN MANISCALCO.

11:41:15 ALL IN FAVOR?

11:41:15 ANY OPPOSED?

11:41:16 ANYTHING ELSE, SIR?

11:41:17 COUNCILMAN DINGFELDER, ANYTHING SIR.

11:41:19 >>JOHN DINGFELDER: NOTHING, SIR, THANK YOU.

11:41:20 >>LUIS VIERA: IF I MAY VERY BRIEFLY, JUST QUICKLY, I

11:41:23 MOTION -- A NICE LADY IN NEW TAMPA, FRANCES BRASSEY TURNED




11:41:29 107 YEARS OLD.

11:41:32 >> IS THIS THE LADY THAT STILL DRINKS COKE EVERY DAY?

11:41:36 >>LUIS VIERA: 1912, THE YEAR WOODROW WILSON WAS ELECTED

11:41:40 PRESIDENT.

11:41:40 THAT'S SOMETHING ELSE.

11:41:41 I'M GOING TO PRESENT HER WITH A COMMENDATION, IF I MAY.

11:41:45 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN VIERA.

11:41:47 SECOND FROM COUNCILMAN GUDES.

11:41:49 ALL IN FAVOR?

11:41:50 ALL RIGHT.

11:41:50 >>LUIS VIERA: AND THEN, GENTLEMEN, I APOLOGIZE FOR BRINGING

11:41:54 WITH SOME VERY CONTROVERSIAL, LATE AT NIGHT.

11:41:57 A MOTION FOR A COMMENDATION FOR FRIENDS, NONPROFIT FOUNDED

11:42:01 BY THE PARENTS OF CHILDREN DOWN SYNDROME WEST FLORIDA --

11:42:06 THAT IS A JOKE OBVIOUSLY -- COMMENDATION PRESENTED

11:42:11 OCTOBER 26 AT THEIR EVENT.

11:42:13 >>GUIDO MANISCALCO: ALL IN FAVOR?

11:42:15 >>LUIS VIERA: AND NOTHING ELSE.

11:42:16 >>GUIDO MANISCALCO: MOVE TO RECEIVE AND FILE.

11:42:18 >> SECOND.

11:42:21 >>LUIS VIERA: IT PASSED.

11:42:24 >>MARTIN SHELBY: I DON'T THINK YOU CALLED FOR A VOTE.

11:42:26 >>LUIS VIERA: MAY I HAVE A VOTE ON THAT?

11:42:27 OKAY.

11:42:28 THE AYES HAVE IT.




11:42:29 >>MARTIN SHELBY: AND WE ADJOURN, SIR.

11:42:31 >>LUIS VIERA: WE ARE ADJOURNED.

11:42:32 >>MARTIN SHELBY: THANK YOU.

11:42:33 [ADJOURNED]

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