Tampa City Council Meeting
Thursday, August 27, 2020
5:01 p.m. Session
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17:03:16 >>JOHN DINGFELDER: HERE.
17:03:18 >>JOSEPH CITRO: HERE.
17:03:19 >>CHARLIE MIRANDA: HERE.
17:03:23 >>GUIDO MANISCALCO: HERE.
17:03:27 MAY I HAVE A MOTION TO OPEN THE PUBLIC HEARINGS ON
17:03:31 1-23.
17:03:33 >>MARTIN SHELBY: MR. CHAIRMAN, MARTIN SHELBY.
17:03:35 A COUPLE OF THINGS BEFORE WE BEGIN.
17:03:40 MAY I MAKE MY OPENING STATEMENT?
17:03:42 >>GUIDO MANISCALCO: SURE, GO AHEAD.
17:03:44 >>MARTIN SHELBY, THANK YOU.
17:03:46 AUGUST 27, 2020.
17:03:49 THIS MEETING IS HELD IN ACCORDANCE WITH THE GOVERNOR'S
17:03:58 EXECUTIVE ORDER 20-69 AND 20-193 AS THEY MAY BE
17:04:00 FURTHER ADOPTED AND AMENDED.
17:04:04 IT IS BEING CONDUCTED BY VIDEO TELECONFERENCE, WHICH IS
17:04:06 REMOTE PARTICIPATION REFERRED TO BY THE STATE OF
17:04:10 FLORIDA FLORIDA STATUTES AND RULES AS COMMUNICATION
17:04:11 MEDIA TECHNOLOGY.
17:04:14 THE PUBLIC AND CITIZENS OF TAMPA ARE ABLE TO WATCH
17:04:19 TONIGHT ON CABLE TV AND THE INTERNET AND INFORMATION ON
17:04:22 HOW TO PARTICIPATE IS AVAILABLE TO THE PUBLIC ON THE
17:04:31 CITY'S WEB SITE AT TAMPAGOV.NET/CITYCOUNCIL.
17:04:35 AND REMINDER THAT WE HAVE A CHECKLIST FOR VIRTUAL
17:04:37 PUBLIC HEARINGS.
17:04:40 EACH ONE OF THEM ARE INDIVIDUALLY, AND AS SUCH THEY
17:04:45 HAVE TO BE INDIVIDUALLY OPEN, INDIVIDUALLY SWORN IN,
17:04:49 VISABLY CLOSED, AND WE HAVE TO DO A ROLL CALL VOTE.
17:04:52 CERTAIN THINGS CAN BE DONE BY UNANIMOUS CONSENT.
17:04:54 WITH THAT BEING SAID, MR. CHAIRMAN, I TURN THE MEETING
17:04:55 OVER TO YOU.
17:04:59 >>GUIDO MANISCALCO: INSTEAD OF ANTICIPATING ITEMS 1 TO
17:05:03 23, WE WILL DO THEM ONE BY ONE, THAT IS WHAT I
17:05:04 UNDERSTOOD.
17:05:07 >>MARTIN SHELBY: CLEANUP ON THE AGENDAS.
17:05:09 HOUSEKEEPING.
17:05:14 >>LUIS VIERA: ITEMS 2 AND 11, A REQUEST TO CONTINUE
17:05:18 AND ITEM NUMBER 21 TO BE WITHDRAWN.
17:05:20 >>MARTIN SHELBY: A MOTION BY COUNCIL.
17:05:22 ITEM 2 --
17:05:25 >>LUIS VIERA: CONTINUED THROUGH OCTOBER 22 AT 6 P.M.
17:05:30 >>MARTIN SHELBY: IS STAFF PRESENT ON NUMBER 2?
17:05:33 I BELIEVE YOU RECEIVED A COMMUNICATION.
17:05:35 >>GUIDO MANISCALCO: ANYBODY PRESENT TO DISCUSS ITEM
17:05:41 NUMBER 2 ON THE CONTINUANCE?
17:05:43 ANYBODY?
17:05:46 >>SUSAN JOHNSON-VELEZ: YES, SUSAN JOHNSON-VELEZ.
17:05:48 I HAD TO CHECK AND SEE.
17:05:53 COUNCIL, THIS IS AN ITEM THAT THE QUASI-JUDICIAL
17:05:59 HEARING AND, AS YOU KNOW, COUNCIL IS REQUIRING THAT ANY
17:06:03 APPLICANT IN A QUASI-JUDICIAL HEARING SIGN A WAIVER IN
17:06:06 ORDER FOR THAT TO PROCEED, AND IN THIS CASE, THE
17:06:10 APPLICANT HAS ADVISED US THAT THEY WISH TO PROCEED WITH
17:06:14 AN IN-PERSON HEARING RATHER THAN VIRTUAL HEARING
17:06:16 BECAUSE OF THE NATURE OF THE HEARING.
17:06:20 SO WE ARE ASKING FOR A DATE -- DATE CERTAIN CONTINUOUS
17:06:24 RATHER THAN LEAVING IT OPEN-ENDED IN ANTICIPATION OF
17:06:28 THE COUNCIL TO RESUME IN-PERSON HEARINGS BY OCTOBER 25.
17:06:29 >>GUIDO MANISCALCO: ALL RIGHT.
17:06:30 ANY QUESTIONS?
17:06:31 ANY COMMENTS?
17:06:34 >>JOHN DINGFELDER: I WILL MOVE ITEM 2 TO CONTINUANCE
17:06:39 TO OCTOBER 22 AT 6 P.M.
17:06:41 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN
17:06:42 DINGFELDER.
17:06:49 A SECOND FROM COUNCILMAN VIERA.
17:06:51 >>LUIS VIERA: YES.
17:06:53 >>ORLANDO GUDES: YES.
17:06:55 >>JOHN DINGFELDER: YES.
17:06:57 >>GUIDO MANISCALCO: YES.
17:06:59 >>BILL CARLSON: YES.
17:07:03 >>JOSEPH CITRO: YES.
17:07:05 >>CHARLIE MIRANDA: --
17:07:09 >>CLERK: MIRANDA?
17:07:11 >>CHARLIE MIRANDA: YES.
17:07:14 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:07:15 >> THANK YOU VERY MUCH.
17:07:17 NEXT ITEM IS ITEM NUMBER 11.
17:07:21 AND THAT'S ALSO A CONTINUANCE TO OCTOBER 22.
17:07:23 GO AHEAD, MARY.
17:07:26 >>MARY SAMANIEGO: MARY SAMANIEGO FROM PLANNING DESIGN
17:07:27 COORDINATION.
17:07:30 APPLICANT IS REQUESTING A CONTINUANCE TO OCTOBER 22 AT
17:07:32 6 P.M.
17:07:34 >> CAN WE GET A MOTION TO THAT?
17:07:40 >>CHARLIE MIRANDA: MIRANDA MAKING A MOTION TO BE
17:07:48 CONTINUED TO OCTOBER 22 IN THE YEAR '20 IN WHAT HOUR
17:07:48 --
17:07:50 >> 6 P.M.
17:07:51 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN MIRANDA.
17:07:55 I THOUGHT I HEARD COUNCILMAN GUDES.
17:07:56 ROLL CALL VOTE.
17:07:58 >>LUIS VIERA: YES.
17:08:01 >>ORLANDO GUDES, YES.
17:08:08 >>CLERK: DINGFELDER.
17:08:08 >>JOHN DINGFELDER: YES.
17:08:10 >>GUIDO MANISCALCO: YES.
17:08:12 >>BILL CARLSON: YES.
17:08:13 >>JOSEPH CITRO: YES.
17:08:15 >>CHARLIE MIRANDA: YES.
17:08:20 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:08:21 >> ALL RIGHT, THANK YOU VERY MUCH.
17:08:22 ITEM NUMBER 21.
17:08:27 THERE IS A -- I BELIEVE IT'S A WITHDRAWAL.
17:08:32 IS STAFF HERE -- SUSAN JOHNSON-VELEZ.
17:08:40 DID YOU WANT TO SAY SOMETHING?
17:08:43 >>SUSAN JOHNSON-VELEZ: THE APPLICANT JUST REQUESTED TO
17:08:44 WITHDRAW THIS APPLICATION.
17:08:48 I DON'T KNOW IF A MOTION IS REQUIRED, MR. SHELBY.
17:08:52 >>MARTIN SHELBY: MOVE TO ACCEPT.
17:08:55 >>GUIDO MANISCALCO: WE HAVE A MOTION TO WITHDRAW FROM
17:08:57 COUNCILMAN DINGFELDER AND A SECOND FROM COUNCILMAN
17:08:59 GUDES.
17:09:00 ROLL CALL VOTE.
17:09:02 >>LUIS VIERA: YES.
17:09:03 >>ORLANDO GUDES: YES.
17:09:05 >>JOHN DINGFELDER: YES.
17:09:07 >>GUIDO MANISCALCO: YES.
17:09:10 >>BILL CARLSON: YES.
17:09:13 >>JOSEPH CITRO: YES.
17:09:14 >>CHARLIE MIRANDA: YES.
17:09:17 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:09:19 >>GUIDO MANISCALCO: BEFORE WE BEGIN WITH THE AGENDA,
17:09:22 ITEM NUMBER 20, ARE WE GOING TO LEAVE THAT AT ITEM
17:09:25 NUMBER 20 WHERE IT IS AT OR MOVE IT TO THE LAST ITEM ON
17:09:26 THIS AGENDA?
17:09:29 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIR.
17:09:30 SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT.
17:09:34 WE ASK THAT COUNCIL MOVE THAT TO THE LAST ITEM ON THE
17:09:35 AGENDA FOR THIS EVENING.
17:09:36 >>GUIDO MANISCALCO: I DON'T THINK WE NEED A MOTION FOR
17:09:37 THAT.
17:09:40 WE WILL POP OVER IT AND LEAVE IT FOR THE END OF THE
17:09:40 AGENDA.
17:09:42 ALL RIGHT.
17:09:45 HAVING SAID THAT, WE HAVE OUR FIRST ITEM.
17:09:49 IF I CAN GET A MOTION TO OPEN THE PUBLIC HEARING FOR
17:09:55 ITEM NUMBER 1.
17:09:57 >>ORLANDO GUDES: MOVED.
17:09:58 >>LUIS VIERA: SECOND.
17:10:00 >>GUIDO MANISCALCO: ANY OBJECTION?
17:10:01 HEARING NONE.
17:10:05 THE HEARING FOR NUMBER ONE.
17:10:07 >>SUSAN JOHNSON-VELEZ: GOOD EVENING --
17:10:10 >>MARTIN SHELBY: MR. CHAIRMAN, I AM SORRY.
17:10:16 WE NEED TO HAVE THE WITNESSES SWORN IN.
17:10:20 >>GUIDO MANISCALCO: EVERYBODY SHOULD BE SPEAKING ON
17:10:50 SCREEN TO BE SWORN IN.
17:10:56 >>MARTIN SHELBY: IS THE PETITIONER THERE?
17:10:59 >> MR. MECHANIK NEEDS TO TURN ON HIS MICROPHONE AND
17:11:06 VIDEO.
17:11:11 >> I THOUGHT IT WAS ON ALREADY.
17:11:14 >>GUIDO MANISCALCO: WE HEAR YOU.
17:11:17 >> HERE WE ARE, OKAY, THANK YOU.
17:11:19 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:11:23 DO YOU SWEAR OR AFFIRM THAT YOU PLAN TO TELL THE TRUTH,
17:11:26 THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
17:11:27 >> I DO.
17:11:29 >>GUIDO MANISCALCO: THANK YOU.
17:11:30 WE WILL BEGIN NOW.
17:11:32 >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ --
17:11:35 >>MARTIN SHELBY: SORRY, MR. CHAIRMAN.
17:11:36 >> NUMBER 1.
17:11:39 >>MARTIN SHELBY: MARTIN SHELBY.
17:11:42 I AM ASKING AT THIS TIME, AT THIS POINT AFTER THE
17:11:46 WITNESSES ARE SWORN IF THE COURT WILL STATE IF THERE
17:11:49 ARE ANY WRITTEN COMMENTS TO BE RECEIVED IN THE RECORD.
17:11:52 >>CLERK: NO, THE CLERK OFFICE HAS NOT RECEIVED ANY
17:11:54 RECORDS OR COMMENTS ON THIS ITEM.
17:11:55 >>MARTIN SHELBY: THANK YOU.
17:11:57 >>CLERK: YOU ARE WELCOME.
17:11:59 >> NOW THE CITY STAFF CAN GO.
17:12:02 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIR, SUSAN
17:12:03 JOHNSON-VELEZ, LEGAL DEPARTMENT.
17:12:07 THIS IS A SECOND OF TWO REQUIRED PUBLIC HEARINGS FOR AN
17:12:09 AMENDMENT TO A DEVELOPMENT AGREEMENT.
17:12:13 THIS IS FOR THE ROCKY POINT DEVELOPMENT AGREEMENT.
17:12:16 THE FIRST PUBLIC HEARING THAT YOU HELD WAS ON JUNE 25
17:12:16 OF 2020.
17:12:20 THIS IS THE SECOND OF THE TWO REQUIRED PUBLIC HEARINGS.
17:12:23 THIS IS A FAIRLY STRAIGHTFORWARD AND SIMPLE AMENDMENT.
17:12:26 THE ORIGINAL DEVELOPMENT AGREEMENT CALLED FOR THE
17:12:30 DEVELOPER TO PROVIDE FOR OR PAY THE SUM OF $50,000 FOR
17:12:36 THE CONSTRUCTION AND INSTALLATION OF TWO AREA TRANSIT
17:12:41 STOPS IN THE AREA OF THE ROCKY POINT HOTEL.
17:12:43 THE DEVELOPER -- THAT WAS ONE OF SEVERAL OBLIGATIONS
17:12:46 UNDER THE DEVELOPMENT AGREEMENT.
17:12:49 THE DEVELOPER HAVE OTHERWISE COMPLIED WITH ALL THE
17:12:52 OTHER REQUIREMENTS BUT UNABLE TO COMPLY WITH THIS ONE,
17:12:55 SIMPLY BECAUSE HART HAS NO PLANS TO PROVIDE SERVICE FOR
17:12:59 THE AREA WHERE THE TWO TRANSIT STOPS WERE PLANNED FOR.
17:13:06 AND SO, THE CITY AND THE DEVELOPER DESIRE TO MAKE A
17:13:10 CONTRIBUTION TO THE CITY IN THE AMOUNT OF $50,000 INTO
17:13:15 THE MOBILE FOR THE WESTSHORE DISTRICT IN PLACE OF THAT
17:13:17 ORIGINAL OBLIGATION.
17:13:20 IF COUNCIL IS SUBJECT TO APPROVE THIS, THERE IS A
17:13:23 RESOLUTION YOU WOULD ADOPT THIS EVENING TO EFFECTUATE
17:13:26 THE FIRST AMENDMENT.
17:13:31 >> ALL RIGHT, THANK YOU VERY MUCH.
17:13:32 >> THANK YOU.
17:13:33 >> MR. CHAIRMAN.
17:13:35 >>GUIDO MANISCALCO: GO AHEAD, SIR.
17:13:37 >> MY NAME IS DAVID MECHANIK.
17:13:47 I'M HERE ON BEHALF OF ROCKY POINT HOLDINGS AND LIFESY
17:13:49 HOLDERS, WHO ARE THE OWNERS OF THE PROPERTY.
17:13:53 I DON'T HAVE ANYTHING TO ADD BEYOND WHAT SUSAN HAS
17:13:54 EXPLAINED TO YOU.
17:13:58 WE HAD A FULL HEARING BACK IN JUNE, AND I AM JUST HERE
17:14:04 TO ANSWER ANY QUESTIONS, THANK YOU.
17:14:06 >> ANY QUESTIONS FOR THE GENTLEMAN?
17:14:08 ANY QUESTIONS?
17:14:11 >>JOHN DINGFELDER: I DID WANT TO MAKE A -- LODGE A
17:14:12 COMPLAINT.
17:14:17 MR. MECHANIK HAS A FAN BEHIND HIM AND MAKING ME TRANCE
17:14:17 OUT.
17:14:22 I THINK HE IS TRYING TO HYPNOTIZE US TO VOTE FOR HIM.
17:14:23 >> CORRECT.
17:14:24 THAT IS THE PLAN.
17:14:24 >> I KNEW IT.
17:14:26 THANK YOU VERY MUCH.
17:14:27 >>JOHN DINGFELDER: THANK YOU.
17:14:28 >> ANY OTHER QUESTIONS OR COMMENTS?
17:14:31 DO WE HAVE ANYBODY FROM THE PUBLIC TO WISHES TO SPEAK?
17:14:35 ANYBODY AT ALL FOR PUBLIC COMMENT AT THE CONVENTION
17:14:44 CENTER ANYWHERE?
17:14:44 >> CAN'T HEAR.
17:14:48 >> THERE IS A TEN-SECOND DELAY THERE.
17:14:58 ANYBODY IN THE PUBLIC FROM THE CONVENTION CENTER?
17:15:00 >> SHE SAID THERE IS NO ONE HERE.
17:15:00 >> SOUNDS GOOD.
17:15:03 ANY OTHER QUESTIONS OR COMMENTS FROM COUNCILMEMBERS.
17:15:05 DO WE HAVE A MOTION TO CLOSE?
17:15:08 >>CHARLIE MIRANDA: MOTION TO CLOSE.
17:15:09 >>LUIS VIERA: SECOND.
17:15:13 >>GUIDO MANISCALCO: SECOND TO CLOSE FROM COUNCILMAN
17:15:14 VIERA.
17:15:16 I HEAR NONE.
17:15:18 THE HEARING IS NOW CLOSED.
17:15:19 COUNCILMAN VIERA, WOULD YOU LIKE TO READ THIS
17:15:22 RESOLUTION.
17:15:24 >>MARTIN SHELBY: MR. CHAIRMAN, IT JUST HAS TO BE MOVED
17:15:27 AND A ROLL CALL VOTE.
17:15:28 >>GUIDO MANISCALCO: OKAY.
17:15:32 CAN I GET A MOTION TO MOVE THIS RESOLUTION?
17:15:34 >> I HEREBY MOVE IT.
17:15:36 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN VIERA
17:15:37 SECOND FROM COUNCILMAN GUDES.
17:15:39 ROLL CALL VOTE PLEASE.
17:15:44 >>LUIS VIERA: YES.
17:15:47 >>JOHN DINGFELDER: YES.
17:15:49 >>GUIDO MANISCALCO: YES.
17:15:55 >>BILL CARLSON: YES.
17:15:59 >>JOSEPH CITRO: YES.
17:16:02 >>CHARLIE MIRANDA: YES.
17:16:05 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:16:06 >>GUIDO MANISCALCO: VERY GOOD.
17:16:07 THANK YOU VERY MUCH.
17:16:09 WE NEXT MOVE TO ITEM NUMBER 3.
17:16:11 CAN I GET A MOTION TO OPEN THIS HEARING?
17:16:15 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
17:16:17 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
17:16:18 WHO IS THE SECOND?
17:16:20 >>ORLANDO GUDES: SECOND.
17:16:24 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN GUDES.
17:16:26 HEARING NONE FROM UNANIMOUS CONSENT.
17:16:27 THE HEARING IS OPEN.
17:16:29 WE NEED TO GET EVERYONE ON THE SCREEN.
17:16:33 PETITIONERS, AND ANY PHONE-IN FOLKS TO BE SWORN IN AT
17:16:47 THIS TIME?
17:16:50 >>JOHN DINGFELDER: MR. SHELBY, POINT OF ORDER -- MR.
17:16:53 CHAIRMAN, POINT OF ORDER?
17:16:54 >>GUIDO MANISCALCO: YES, SIR.
17:16:59 >>JOHN DINGFELDER: SO TYPICALLY ON SECOND READING,
17:17:03 USUALLY THE PETITIONER REALLY DOESN'T HAVE MUCH TO ADD.
17:17:06 >>GUIDO MANISCALCO: THAT'S CORRECT.
17:17:09 >>JOHN DINGFELDER: SO I AM JUST WONDER GOING THE
17:17:12 PETITION IS EVEN NECESSARY IF ALL WE HAVE TO ASK IF THE
17:17:15 PUBLIC IS THERE.
17:17:19 IF WE HAVE NO PUBLIC, THEN WE MOVE FORWARD.
17:17:23 >>GUIDO MANISCALCO: MR. SHELBY, THOUGHTS?
17:17:26 >>MARTIN SHELBY: WE -- USUALLY YOU ASK IF A PETITIONER
17:17:29 WANTS TO SAY ANYTHING FOR THE RECORD.
17:17:30 IS THAT CORRECT?
17:17:32 REFRESH MY RECOLLECTION.
17:17:35 I BELIEVE THAT IS THE CASE.
17:17:38 AND I THINK WE NEED TO ACKNOWLEDGE AT LEAST WHETHER THE
17:17:41 PETITIONER IS PRESENT AND VIEWING THIS MEETING OR NOT
17:17:44 IN SOME FORM OR FASHION.
17:17:46 >> YES, MR. CHAIRMAN.
17:17:48 MR. KITZMILLER.
17:17:49 THE PETITIONER IS SIGNED IN.
17:17:51 HE IS A PANELIST.
17:17:55 HE JUST NEEDS TO TURN ON HIS MICROPHONE AND VIDEO.
17:18:00 >>MARTIN SHELBY: IF WE GET IT DOWN TO A SCIENCE.
17:18:03 BUT I REALLY THINK IN ORDER TO HAVE A COMPLETE RECORD,
17:18:06 WE NEED TO AT LEAST KNOW WHO IS PRESENT, PARTICULARLY
17:18:10 IF THERE IS SOMEBODY THERE WHO IS GOING TO BE SPEAKING
17:18:14 EITHER FOR OR AGAINST THE PETITIONER.
17:18:16 WE SHOULD KNOW IF THE PETITIONER IS HEARING THAT.
17:18:20 SO MY RECOMMENDATION WOULD BE, TO SEE IF WE CAN MOVE
17:18:23 THIS AS QUICKLY AS WE CAN AND SEE HOW SMOOTHLY WE CAN
17:18:24 MAKE IT.
17:18:26 >> I'M HERE.
17:18:27 >>GUIDO MANISCALCO: OKAY.
17:18:28 ALL RIGHT.
17:18:29 CAN WE SWEAR IN THE FOLKS.
17:18:32 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:18:34 DO YOU SWEAR AND AFFIRM THAT YOU WILL TELL THE TRUTH,
17:18:36 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
17:18:37 >> I DO.
17:18:40 >>CLERK: THE CLERK'S OFFICE DID NOT RECEIVE ANY
17:18:41 COMMENTS ON THIS ITEM.
17:18:43 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:18:47 WE WILL BEGIN ON THIS ITEM.
17:18:49 >>MARTIN SHELBY: NOW MR. CHAIRMAN, IF YOU CAN, I DON'T
17:18:52 THINK -- UNLESS THE STAFF NEEDS TO MAKE A PRESENTATION,
17:18:55 YOU CAN ASK THE PETITIONER IF THERE IS ANYTHING THAT
17:18:57 THE PETITIONER WISHES TO SAY, AND IF COUNCIL HAS ANY
17:19:01 QUESTIONS FOR STAFF OR THE PETITIONER.
17:19:02 >>GUIDO MANISCALCO: ALL RIGHT.
17:19:05 IF THE CITY HAS ANYTHING TO SAY, SAY IT NOW.
17:19:07 OR WE WILL GO TO THE PETITIONER.
17:19:10 ANYTHING?
17:19:11 ALL RIGHT.
17:19:12 PETITIONER?
17:19:18 IF YOU HAVE ANYTHING TO ADD AT THIS POINT OR SAY?
17:19:21 >> WE CHANGE THE SITE PLAN TO INCLUDE THE HOURS OF
17:19:24 OPERATION FOR THE MUSIC THAT WAS DISCUSSED IN THE FIRST
17:19:24 MEETING.
17:19:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:19:29 ANY QUESTIONS FROM COUNCILMEMBERS?
17:19:30 ALL RIGHT.
17:19:31 I HEAR NONE.
17:19:35 ANYBODY IN THE PUBLIC THAT WISHES TO?
17:19:37 FROM MY UNDERSTANDING, THE CONVENTION CENTER FIXED
17:19:38 THEIR AUDIO.
17:19:41 EVERYTHING SHOULD BE GOOD TO GO.
17:19:45 ANYONE WANT TO SPEAK ON ITEM NUMBER THREE, FILE NO.
17:19:46 AB2-19-24.
17:19:49 >> THIS IS FROM PLANNING DEVELOPMENT AND NO ONE TO
17:19:51 SPEAK ON THIS ITEM.
17:19:53 >>GUIDO MANISCALCO: NO ONE, YOU SAID?
17:19:54 >> NO ONE.
17:19:55 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:20:00 CAN I GET A MOTION TO CLOSE THIS PUBLIC HEARING?
17:20:01 >>JOHN DINGFELDER: SO MOVED.
17:20:03 >>CHARLIE MIRANDA: SECOND.
17:20:07 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN DINGFELDER.
17:20:10 SECOND FROM COUNCILMAN -- WHO IS THE SECOND?
17:20:12 >>CHARLIE MIRANDA: MIRANDA.
17:20:14 >>GUIDO MANISCALCO: ANY OBJECTION TO CLOSING THE
17:20:15 HEARING?
17:20:17 HEARING NONE, THE HEARING IS NOW CLOSED.
17:20:20 WE HAVE AN ORDINANCE PRESENTED FOR SECOND READING.
17:20:26 IF WE CAN HAVE COUNCILMEMBER CARLSON.
17:20:34 IF YOU WOULD LIKE TO READ ITEM NUMBER 3.
17:20:38 >>BILL CARLSON: I LEAN BACK AND FORTH.
17:20:41 FILE NO. AB2-19-24 ORDINANCE BEING PRESENTED FOR SECOND
17:20:46 READING AND ADOPTION AND SUPPORT SPECIAL USE PERMIT FOR
17:20:49 ALCOHOL, BEVERAGE SALES, RESTAURANTS CONSUMPTION ON
17:20:53 PREMISE ONLY AND MAKING LAWFUL THE SALE OF BEER AND
17:21:01 WINE AT OR FROM THAT CERTAIN LOT, PLAT AND 3434 WEST
17:21:07 COLUMBUS DRIVE, SUITES 101 AND 102, TAMPA, FLORIDA, AS
17:21:09 MORE PARTICULARLY DESCRIBED IN EXCEPTION 3, PROVIDING
17:21:14 THAT ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE
17:21:20 REPEALED, REPEALING SPECIAL USE 1, S-1, PROVIDING A
17:21:22 EFFECTIVE DATE.
17:21:26 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN VIERA.
17:21:28 ROLL CALL ROTE.
17:21:29 >>LUIS VIERA: YES.
17:21:30 >>ORLANDO GUDES: YES.
17:21:32 >>JOHN DINGFELDER: YES.
17:21:35 >>GUIDO MANISCALCO: NO.
17:21:37 >>BILL CARLSON: YES.
17:21:40 >>JOSEPH CITRO: NO.
17:21:43 >>CHARLIE MIRANDA: NO.
17:21:48 >>CLERK: THE MOTION CARRIES WITH MANISCALCO, CITRO AND
17:21:50 MIRANDA VOTING NO.
17:21:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:21:53 WE WILL NOW GO TO ITEM NUMBER FOUR.
17:21:56 A MOTION TO OPEN NUMBER FOUR?
17:21:58 >> SO MOVED, SECOND.
17:22:01 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES.
17:22:04 SECOND FROM COUNCILMAN VIERA.
17:22:05 ANY OBJECTION?
17:22:06 HEARING NONE.
17:22:09 ITEM NUMBER 4 IS OPEN.
17:22:10 EVERYONE ON SCREEN.
17:22:22 ANY PARTICIPANTS TO BE SWORN IN FOR ITEM NUMBER 4.
17:22:25 >> MR. MECHANIK ON THE SCREEN IS THE ONLY -- OTHER THAN
17:22:28 STAFF.
17:22:35 >>CLERK: PLEASE SWEAR OR AFFIRM YOU WILL TELL THE
17:22:37 TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
17:22:38 >> YES.
17:22:41 >>CLERK: WE DID NOT RECEIVE ANY COMMENTS ON THIS ITEM.
17:22:42 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:22:43 CITY STAFF.
17:22:45 ANYTHING ON THIS ITEM?
17:22:45 ANYTHING TO SAY.
17:22:47 >>MARY SAMANIEGO: NO, SIR.
17:22:48 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:22:52 PETITIONER, DO YOU HAVE ANYTHING TO ADD TO THIS ITEM?
17:22:57 >> MR. CHAIRMAN, FOR THE RECORD, DAVID MECHANIK.
17:22:59 ON BEHALF OF APPLICANT WE HAVE NOTHING TO ADD AND
17:23:01 RESPECTFULLY ASK FOR YOUR APPROVAL TONIGHT.
17:23:02 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:23:04 ANY QUESTIONS FOR THE PETITIONER?
17:23:05 HEARING NONE?
17:23:08 ANYBODY IN THE PUBLIC WHO WISHES TO SPEAK ON ITEM
17:23:09 NUMBER 4?
17:23:12 ANYONE IN THE PUBLIC WISHES TO PEAK FOR 4.
17:23:16 >> THIS IS FROM PLANNING AN DEVELOPMENT.
17:23:17 NO ONE HERE TO SPEAK ON THIS ITEM.
17:23:18 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:23:20 NO OTHER QUESTIONS OR COMMENTS A MOTION TO CLOSE THIS
17:23:22 PUBLIC HEARING.
17:23:24 MOTION TO CLOSE FROM COUNCILMAN MIRANDA.
17:23:26 DO WE HAVE A SECOND?
17:23:31 SECOND FROM COUNCILMAN GUDES -- I DON'T KNOW IF
17:23:31 DINGFELDER WAS THERE.
17:23:33 BUT GUDES.
17:23:36 ANY OBJECTION TO CLOSING THIS HEARING?
17:23:40 HEARING NONE, THE HEARING IS NOW CLOSED FOR ITEM NUMBER
17:23:41 4.
17:23:44 COUNCILMAN MIRANDA, IF YOU WILL MIND TAKING ITEM NUMBER
17:23:44 4.
17:23:48 >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN, ITEM
17:23:51 NUMBER 4, FILE NO. AB2-19-26.
17:23:55 MOVE AN ORDINANCE FOR ADOPTION OF A SPECIAL USE PERMIT
17:24:01 S-2 FOR SMALL PREMISE CONSUMPTION ON PREMISE ONLY AND
17:24:05 MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF
17:24:12 ALCOHOL CONTENT BEER, WINE AND LIQUOR ON THAT PLAT, LOT
17:24:14 OR TRACT OF LAND MORE PARTICULARLY DESCRIBED IN SECTION
17:24:17 2 PROVIDING ALL ORDINANCES OR PART OF ORDINANCES IN
17:24:23 CONFLICT ARE REPEALED, PROVIDING AN EFFECTIVE DATE.
17:24:24 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
17:24:28 SECOND FROM COUNCILMAN VIERA AND ROLL CALL VOTE PLEASE.
17:24:29 >>LUIS VIERA: YES.
17:24:31 >>ORLANDO GUDES: YES.
17:24:33 >>JOHN DINGFELDER: YES.
17:24:35 >>GUIDO MANISCALCO: YES.
17:24:37 >>BILL CARLSON: YES.
17:24:39 >>JOSEPH CITRO: YES.
17:24:40 >>CHARLIE MIRANDA: YES.
17:24:46 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:24:47 >> THANK YOU VERY MUCH.
17:24:48 ITEM NUMBER 5.
17:24:50 A MOTION TO OPEN THIS HEARING.
17:24:52 >>CHARLIE MIRANDA: SO MOVED, MIRANDA.
17:24:54 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA.
17:24:55 IS THERE A SECOND?
17:24:57 COUNCILMAN VIERA.
17:24:58 ANY OBJECTION?
17:25:00 HEARING NONE, THIS HEARING IS NOW OPEN.
17:25:04 IF WE COULD SEE EVERYONE PARTICIPATING SO THEY WILL BE
17:25:12 SWORN IN.
17:25:16 >>MARTIN SHELBY: SIGNED IN AS THE PETITIONER AND NEED
17:25:19 TO TURN ON HER MICROPHONE AND VIDEO.
17:25:22 >> I BELIEVE MICROPHONE IS ON.
17:25:23 CAN YOU HEAR ME?
17:25:25 >>GUIDO MANISCALCO: WE CAN HEAR YOU.
17:25:28 BUT WE CAN'T SEE YOU YET.
17:25:30 >> IT SAYS MY COMPUTER IS OVERLOADED.
17:25:32 I CAN SEE MYSELF.
17:25:36 CAN YOU SEE ME?
17:25:36 >> YES.
17:25:39 >>GUIDO MANISCALCO: YOU ARE GOOD.
17:25:41 >>CLERK: RAISE YOUR RIGHT HAND.
17:25:44 DO YOU SWEAR OR AFFIRM THAT YOU WILL TELL THE TRUTH,
17:25:47 WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
17:25:48 >> YES, I WILL.
17:25:50 >>CLERK: THE CLERK'S OFFICE DID NOT RECEIVE ANY
17:25:51 COMMENTS ON THIS ITEM.
17:25:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:25:57 IS THERE ANYTHING FROM THE CITY STAFF THAT THEY WOULD
17:26:00 LIKE TO SAY ABOUT THIS ITEM NUMBER 5?
17:26:02 ANYTHING TO ADD?
17:26:04 >>MARY SAMANIEGO: MARY SAMANIEGO, NOTION TO ADD, SIR.
17:26:08 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:26:11 PETITIONER, IF YOU HAVE ANYTHING TO ADD OR SAY AT THIS
17:26:12 POINT?
17:26:15 >> NO, JUST THANKS VERY MUCH.
17:26:19 >> YOUR NAME IS MARY ANGELA, NOT ANGIE.
17:26:22 >> I GO BY THE MIDDLE NAME.
17:26:23 >>GUIDO MANISCALCO: NOW THEY KNOW.
17:26:26 ALL RIGHT, DO WE HAVE ANYBODY?
17:26:30 ANY QUESTIONS FROM COUNCILMEMBERS FOR THE PETITIONER?
17:26:33 HEARING NONE, ANYTHING IN THE PUBLIC WHO WISHES TO
17:26:36 SPEAK AT THIS TIME ON ITEM NUMBER 5.
17:26:39 >> THIS IS FROM PLANNING AND DEVELOPMENT.
17:26:42 NO ONE HERE TO SPEAK ON THIS ITEM.
17:26:43 >>GUIDO MANISCALCO: VERY GOOD.
17:26:46 DO WE HAVE ANY QUESTIONS OR COMMENTS FOR COUNCILMEMBERS
17:26:48 BEFORE WE CLOSE THIS HEARING?
17:26:50 >>CHARLIE MIRANDA: MOVE TO CLOSE MR. CHAIRMAN.
17:26:52 >>GUIDO MANISCALCO: A MOTION TO CLOSE FROM COUNCILMAN
17:26:53 MIRANDA.
17:26:55 SECOND FROM COUNCILMAN GUDES.
17:26:56 ANY OBJECTION?
17:26:59 HEARING NONE, THE HEARING IS CLOSED.
17:27:05 COUNCILMAN CITRO, TAKE ITEM NUMBER 5 FILE NO.
17:27:09 AB2-20-03.
17:27:10 >>JOSEPH CITRO: NOT AT ALL, MR. CHAIR.
17:27:13 THANK YOU VERY MUCH.
17:27:15 FILE NO. AB2-20-03.
17:27:18 ORDINANCE BEING PRESENTED FOR SECOND READING AN
17:27:24 ADOPTION AN ORDINANCE APPROVING SPECIAL USE PERMIT SU-2
17:27:28 FOR ALCOHOL BEVERAGE SALES, SMALL VENUE, CONSUMPTION ON
17:27:29 PREMISE ONLY.
17:27:35 MAKING -- EXCUSE ME, MAKING LAWFUL THE SALE OF BEER AND
17:27:39 WINE AT OR FROM A CERTAIN LOT, PLOT OR TRACT OF LAND
17:27:44 LOCATED AT 6401 NORTH NEBRASKA AVENUE, TAMPA, FLORIDA.
17:27:47 MORE PARTICULARLY DESCRIBED AS SECTION TWO, PROVIDING
17:27:51 FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
17:27:52 OR REPEAL.
17:27:55 PROVIDING AN EFFECTIVE DATE.
17:27:58 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
17:28:01 >>CHARLIE MIRANDA: SECOND.
17:28:03 ROLL CALL VOTE PLEASE.
17:28:05 >>LUIS VIERA: YES.
17:28:07 >>ORLANDO GUDES: YES.
17:28:09 >>JOHN DINGFELDER: YES.
17:28:10 >>GUIDO MANISCALCO: YES.
17:28:12 >>BILL CARLSON: YES.
17:28:14 >>JOSEPH CITRO: YES.
17:28:16 >>CHARLIE MIRANDA: YES.
17:28:18 >>CLERK: MOTION CARRIES UNANIMOUSLY.
17:28:22 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:28:24 >> THANK YOU, MR. CHAIR.
17:28:24 >> THANK YOU.
17:28:26 >>GUIDO MANISCALCO: GO TO ITEM NUMBER 6.
17:28:29 CAN I GET A MOTION TO OPEN ITEM NUMBER 6.
17:28:31 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
17:28:33 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
17:28:34 DO WE HAVE A SECOND?
17:28:36 SECOND TO OPEN THE HEARING?
17:28:38 >>LUIS VIERA: SECOND.
17:28:39 >>GUIDO MANISCALCO: VIERA WITH A SECOND.
17:28:40 ANY OBJECTION?
17:28:42 NO OBJECTIONS?
17:28:43 THE HEARING IS NOW OPEN.
17:28:47 ALL PARTICIPANTS, ALL PETITIONERS ON THE SCREEN TO
17:28:53 SWEAR YOU IN.
17:28:58 >> MR. CHAIRMAN, JIM CREW, CITY CLERK'S OFFICE.
17:28:58 MR. BENTLEY.
17:29:03 >>CLERK: RAISE YOUR RIGHT HAND.
17:29:06 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
17:29:08 WHOLE TRUTH AND NOTHING BUT THE TRUTH.
17:29:08 >> I DO.
17:29:12 >>CLERK: THE CLERK'S OFFICE DID NOT RECEIVE ANY
17:29:13 COMMENTS ON THIS ITEM.
17:29:15 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:29:17 ANYTHING FOR THE CITY STAFF ON THIS ITEM?
17:29:19 >>MARY SAMANIEGO: MARY SAMANIEGO, NOTHING TO ADD,
17:29:20 PLEASE.
17:29:21 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:29:24 PETITIONER, DO YOU HAVE ANYTHING TO SAY, ANYTHING TO
17:29:26 ADD TO THIS ITEM?
17:29:29 >> JUST BRIEFLY, MR. CHAIRMAN, COUNCILMAN, MARK BENTLEY
17:29:34 401 EAST JACKSON, 33602.
17:29:37 IT RELATES TO THE MIDTOWN REDEVELOPMENT PROJECT AND THE
17:29:41 APPROVAL TONIGHT HOPEFULLY WILL ALLOW THE TENANTS TO
17:29:43 PROCEED WITH THEIR BUSINESS PLANS.
17:29:46 TRYING TO OPEN BY SUPER BOWL ASSUMING THAT OCCURS.
17:29:49 WE HAVE STAFF SUPPORT AND COMPLY WITH ALL CITY
17:29:53 REGULATIONS AND SUBMITTED INTO THE RECORD TWO LETTERS
17:29:57 OF SUPPORT ONE FROM THE WESTSHORE ALLIANCE AND THE
17:29:58 TAMPA CHAMBER OF COMMERCE.
17:30:02 WITH THAT BEING SAID WE RESPECTFULLY REQUEST YOUR
17:30:03 APPROVAL.
17:30:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:30:08 DO WE HAVE ANY QUESTIONS FROM PETITIONER AND
17:30:09 COUNCILMAN?
17:30:11 I HEAR AND SEE NONE.
17:30:15 ANYONE WANT TO SPEAK ON ITEM NUMBER SIX, FILE NO.
17:30:16 AB2-20-09.
17:30:18 ANYBODY IN THE PUBLIC?
17:30:21 >>AILEEN ROSARIO: THIS IS AILEEN ROSARIO FROM PLANNING
17:30:24 AND DEVELOPMENT AND NO ONE HERE TO SPEAK ON THIS ITEM.
17:30:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:30:29 >>CHARLIE MIRANDA: MOVE TO CLOSE.
17:30:30 >>GUIDO MANISCALCO: A MOTION TO CLOSE FROM COUNCILMAN
17:30:31 MIRANDA.
17:30:33 SECOND FROM COUNCILMAN VIERA.
17:30:35 IF THERE IS NO OBJECTION, THE HEARING IS CLOSED.
17:30:37 I HEAR NO OBJECTIONS.
17:30:39 SO THE HEARING IS CLOSED.
17:30:43 COUNCILMAN DINGFELDER, WOULD YOU LIKE TO TAKE ITEM
17:30:46 NUMBER 6, FILE NO. AB2-20-09.
17:30:47 >>JOHN DINGFELDER: SURE, MR. CHAIRMAN.
17:30:49 CAN YOU HEAR ME OKAY?
17:30:54 WITH REGARDS TO FILE NO. AB2-20-09, ITEM 6, ORDINANCE
17:30:57 BEING PRESENTED FOR SECOND READING AND ADOPTION.
17:31:01 AN ORDINANCE APPROVING A SPECIAL USE PERMIT SU-2 FOR
17:31:05 ALCOHOL BEVERAGE SALES LARGE BEVERAGE ON PREMISE AND
17:31:09 PACKAGE SALES OFF PREMISE CONSUMPTION AND MAKING LAWFUL
17:31:12 SALE OF BEVERAGE REGARDLESS ALCOHOL CONTENT BEER, WINE
17:31:18 AND LIQUOR AT OR THAT CERTAIN PLOT, TRACT OF LAND 3613,
17:31:31 1615 AND 3609, 3514 WEST ARCH STREET, 1002 NORTH HIMES,
17:31:37 1201 NORTH CLEARVIEW AVENUE, 3611 AND 3605 WEST NASSAU
17:31:49 STREET, 350, 3510, 3512, 3518, 3701, 3720 AND 3725 WEST
17:31:56 GRACE TREAT AND 1001, AND 1101 NORTH DALE MABRY HIGHWAY
17:31:59 AND PROVIDED AN EFFECTIVE DATE.
17:32:01 >> SECOND FROM COUNCILMAN MIRANDA.
17:32:03 ROLL CALL VOTE PLEASE.
17:32:04 >>LUIS VIERA: YES.
17:32:09 >>ORLANDO GUDES: YES.
17:32:11 >>JOHN DINGFELDER: YES -- THERE WAS A NOTE -- THERE
17:32:15 WAS A NOTE AT THE BOTTOM THAT SAID THAT THEY WERE
17:32:17 INCLUDING SOME ADDITIONAL LANGUAGE.
17:32:21 AND SO I WILL INCORPORATE THAT ADDITIONAL LANGUAGE THAT
17:32:24 IS ON MY AGENDA.
17:32:26 >>CHARLIE MIRANDA: SECOND.
17:32:28 >>JOHN DINGFELDER: IS THAT ACCURATE.
17:32:30 >>MARTIN SHELBY: JUST SO THE RECORD IS CLEAR
17:32:33 INCORPORATED BETWEEN FIRST AND SECOND READING, MISS
17:32:36 MARY SAMANIEGO, IS THAT CORRECT?
17:32:38 >>MARY SAMANIEGO: THAT'S CORRECT.
17:32:40 >>MARTIN SHELBY: IT IS NOT NECESSARY, MR. DINGFELDER.
17:32:42 THANK YOU.
17:32:44 >>CLERK: MANISCALCO.
17:32:45 >>GUIDO MANISCALCO: YES.
17:32:47 >>BILL CARLSON: YES.
17:32:48 >>JOSEPH CITRO: YES.
17:32:49 >>CHARLIE MIRANDA: YES.
17:32:55 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:32:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:32:59 MOTION ITEM 7.
17:33:01 >>CHARLIE MIRANDA: SO MOVED.
17:33:03 >>ORLANDO GUDES: SECOND.
17:33:05 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA AND
17:33:06 SECOND FROM COUNCILMAN GUDES.
17:33:09 NO OBJECTION, THIS PUBLIC HEARING IS OPEN.
17:33:13 AT THIS POINT IF WE CAN HAVE PETITIONER AND
17:33:19 PARTICIPANTS FOR THIS ITEM TO PLEASE BE SWORN IN.
17:33:24 >>CLERK: MR. CHAIRMAN, JIM CREW FROM THE CITY CLERK'S
17:33:25 OFFICE.
17:33:28 MR. ROBLES JUST NEEDS TO TURN ON HIS MICROPHONE AND
17:33:30 VIDEO AND BE SWORN IN.
17:33:38 >>GUIDO MANISCALCO: ALL RIGHT.
17:33:39 >> CAN YOU SEE ME?
17:33:41 >>GUIDO MANISCALCO: WE HEAR YOU AND YOUR CAMERA SHOULD
17:33:49 BE COMING ON IF YOU ACTIVATED IT ANY SECOND.
17:33:56 IT'S SLOW.
17:33:58 THERE WE GO.
17:34:02 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:34:05 DO YOU SWEAR OAR AFFIRM YOU WILL TELL THE TRUTH, THE
17:34:07 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
17:34:07 THANK YOU.
17:34:10 CLERK OFFICE HAS NOT RECEIVED ANY COMMENTS ON THIS
17:34:11 ITEM.
17:34:12 >>GUIDO MANISCALCO: VERY GOOD.
17:34:15 CITY STAFF, DO YOU HAVE ANYTHING TO ADD OR SAY ABOUT
17:34:17 ITEM NUMBER 7?
17:34:18 >>MARY SAMANIEGO: MARY SAMANIEGO, NOTHING FURTHER TO
17:34:20 ADD, SIR.
17:34:21 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:34:25 PETITIONER, MR. ROBLES, ANYTHING TO ADD OR SAY ON ITEM
17:34:26 NUMBER 7?
17:34:27 >> NO, I DO NOT.
17:34:30 >>GUIDO MANISCALCO: ANY QUESTION FROM COUNCILMEMBERS
17:34:32 AT THIS TIME?
17:34:33 I HEAR NONE.
17:34:35 IS THERE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
17:34:43 ITEM NUMBER 7, FILE NO. REZ-20-02.
17:34:47 >> THIS IS AILEEN ROSARIO FROM PLANNING AND
17:34:47 DEVELOPMENT.
17:34:50 THERE IS NO ONE HERE TO SPEAK ON BEHALF OF THIS ITEM.
17:34:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:34:53 WE HAVE A MOTION TO CLOSE.
17:34:54 COUNCILMAN MIRANDA.
17:34:56 DO WE HAVE A SECOND?
17:34:58 >>ORLANDO GUDES: SECOND.
17:35:00 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN GUDES.
17:35:04 IF THERE ARE NO OBJECTIONS, THE HEARING IS NOW CLOSED.
17:35:06 ITEM NUMBER 7.
17:35:09 COUNCILMAN GUDES, IF YOU WOULD NOT MIND TAKING ITEM
17:35:09 NUMBER 7.
17:35:14 >>ORLANDO GUDES: YES, MR. CHAIRMAN.
17:35:20 FILE NO. REZ-20-02.
17:35:28 AN ORDINANCE REZONING PROPERTY 1505 NORTH B STREET IN
17:35:31 CITY OF TAMPA, FLORIDA, OF THE REZONING IG, INDUSTRIAL
17:35:35 GENERAL TO RS-50, RESIDENTIAL SINGLE FAMILY PROVIDED AN
17:35:36 EFFECTIVE DATE.
17:35:38 >>JOHN DINGFELDER: SECOND.
17:35:40 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN GUDES.
17:35:42 SECOND FROM COUNCILMAN MIRANDA.
17:35:44 ROLL CALL VOTE.
17:35:45 >>LUIS VIERA: YES.
17:35:47 >>ORLANDO GUDES: YES.
17:35:49 >>JOHN DINGFELDER: YES.
17:35:50 >>GUIDO MANISCALCO: YES.
17:35:54 >>BILL CARLSON: YES.
17:35:55 >>JOSEPH CITRO: YES.
17:35:57 >>CHARLIE MIRANDA: YES.
17:36:02 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:36:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, COUNCILMAN
17:36:05 VIERA.
17:36:08 IS THAT SPRINGSTEEN BEHIND YOU?
17:36:09 >>LUIS VIERA: YES, IT IS.
17:36:13 I USED TO HAVE THAT POSTER BEFORE COVID AND I PUT IT
17:36:15 BACK UP BECAUSE IT WAS JUST A BLANK WALL.
17:36:19 AND I SAID, YOU KNOW, I AM NOT A BLANK WALL KIND OF
17:36:22 GUY, SO I WILL JUST --
17:36:27 >>GUIDO MANISCALCO: EVERYBODY HAS A HUNGRY HEART.
17:36:30 MOTION TO OPEN ITEM NUMBER 8.
17:36:32 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
17:36:34 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA.
17:36:35 A SECOND?
17:36:36 >>ORLANDO GUDES: SECOND.
17:36:39 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN GUDES.
17:36:40 ANY OBJECTION?
17:36:41 ITEM NUMBER 8 IS OPEN.
17:36:45 WE NOW NEED A PETITIONER, ANYBODY PARTICIPATING TO
17:36:48 PLEASE APPEAR ON SCREEN.
17:36:50 WE WILL SWEAR YOU IN.
17:36:53 >>MARY SAMANIEGO: MR. ROBLES AGAIN, SIR.
17:36:57 >>GUIDO MANISCALCO: MR. ROBLES, IS YOUR CAMERA ON.
17:36:58 >> I AM.
17:37:02 >>CLERK: DO YOU SWEAR OR AFFIRM TELL THE TRUTH AND THE
17:37:04 WHOLE TRUTH AND NOTHING BUT THE TRUTH.
17:37:05 >>MARY SAMANIEGO: YES.
17:37:07 >> YES.
17:37:09 >>MARY SAMANIEGO: MARY SAMANIEGO FROM STAFF HAS
17:37:12 NOTHING FURTHER TO ADD.
17:37:13 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:37:16 MR. ROBLES, ANYTHING TO ADD ON THIS ITEM, ITEM NUMBER
17:37:18 8?
17:37:18 >> NO, I DO NOT.
17:37:21 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS FROM
17:37:22 COUNCILMAN.
17:37:24 HEARING NONE, ANYBODY IN THE PUBLIC THAT WANTS TO SPEAK
17:37:29 ON THIS ITEM, ITEM NUMBER 8.
17:37:32 >>AILEEN ROSARIO: AILEEN ROSARIO FROM PLANNING AND
17:37:34 DEVELOPMENT AND NO ONE HERE TO SPEAK ON THIS ITEM.
17:37:36 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS.
17:37:37 A MOTION TO CLOSE.
17:37:38 >>CHARLIE MIRANDA: SO MOVED.
17:37:40 >>ORLANDO GUDES: SECOND.
17:37:42 >>GUIDO MANISCALCO: A MOTION BY COUNCILMAN MIRANDA AND
17:37:44 SECOND BY COUNCILMAN GUDES.
17:37:46 ANY OBJECTION AS SOON AS HEARING NONE.
17:37:49 COUNCILMAN VIERA, WOULD YOU MIND TAKING ITEM NUMBER 8?
17:37:52 >>LUIS VIERA: YES, SIR, MR. CHAIR.
17:37:58 I HEREBY READ AND MOVE FORWARD FILE NO. REZ-20-03 AN
17:38:00 ORDINANCE BEING PRESENTED FOR SECOND READING AND
17:38:01 ADOPTION.
17:38:05 ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
17:38:10 1213 EAST GIDDENS AVENUE IN THE CITY OF TAMPA, FLORIDA,
17:38:16 FROM SECTION ONE SEMINOLE HEIGHTS RESIDENTIAL SINGLE
17:38:21 FAMILY TO SH-PD SINGLE FAMILY PROVIDING AN EFFECTIVE
17:38:21 DATE.
17:38:25 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
17:38:29 SECOND ON ITEM NUMBER 8?
17:38:30 >>BILL CARLSON: SECOND.
17:38:33 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN CARLSON.
17:38:35 >> I THINK I SEE HER WITH REVISIONS.
17:38:40 ANYTHING FURTHER -- TO INCLUDE THE REVISIONS.
17:38:42 >>GUIDO MANISCALCO: A MOTION OF COUNCILMAN VIERA WITH
17:38:44 THE REVISION SHEET.
17:38:45 GO AHEAD, SIR?
17:38:48 >>MARTIN SHELBY: JUST SO THE RECORD IS CLEAR AND MISS
17:38:50 MARY SAMANIEGO CAN CORRECT ME IF I AM WRONG.
17:38:53 THAT IS BETWEEN FIRST AND SECOND READING AND READ BY
17:38:58 TITLE ONLY, IS THAT CORRECT, MISS MARY SAMANIEGO?
17:39:00 >>MARY SAMANIEGO: YES, IT IS.
17:39:03 ALL HAVE BEEN READ SO TITLE ONLY.
17:39:06 >> CHEERFULLY WITHDRAWN.
17:39:07 >>GUIDO MANISCALCO: OKAY, THANK YOU VERY MUCH.
17:39:10 A MOTION FROM COUNCILMAN VIERA, A SECOND FROM
17:39:11 COUNCILMAN CARLSON.
17:39:14 A ROLL CALL VOTE PLEASE.
17:39:14 >> YES.
17:39:18 >>ORLANDO GUDES: NO.
17:39:20 >>JOHN DINGFELDER: YES.
17:39:24 >>GUIDO MANISCALCO: YES.
17:39:27 >>BILL CARLSON: YES.
17:39:29 >>JOSEPH CITRO: YES.
17:39:31 >>CHARLIE MIRANDA: NO.
17:39:33 >>CLERK: MOTION CARRIED WITH GUDES AND MIRANDA VOTING
17:39:37 NO.
17:39:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:39:44 MOTION TO OPEN ITEM NUMBER 9 MICHELINI MIRANDA MOTION.
17:39:45 >>ORLANDO GUDES: SECOND.
17:39:48 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA AND
17:39:52 SECOND BY COUNCILMAN GUDES.
17:39:54 HEARING NONE.
17:39:57 PETITIONER AND PARTICIPANTS APPEAR ON SCREEN SO WE CAN
17:40:02 SWEAR YOU IN.
17:40:05 >> MR. CHAIRMAN, JIM CREW, CITY CLERK'S OFFICE.
17:40:10 MR. MALFIS IS IN THE MEETING AND NEEDS TO TURN ON HIS
17:40:12 CAMERA AND BE SWORN IN.
17:40:15 >>GUIDO MANISCALCO: PLEASE TURN YOUR CAMERA ON,
17:40:49 PETITIONER.
17:40:52 >>GUIDO MANISCALCO: ALL RIGHT, IF YOU CAN TURN YOUR
17:41:03 CAMERA ON.
17:41:04 >> HELLO?
17:41:12 >>GUIDO MANISCALCO: WE CAN HEAR YOU, BUT --
17:41:18 OKAY, VERY GOOD.
17:41:18 >> THANK YOU VERY MUCH.
17:41:20 >>GUIDO MANISCALCO: YES, SIR.
17:41:22 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:41:25 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
17:41:27 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
17:41:28 >> I DO.
17:41:29 >>CLERK: THANK YOU.
17:41:34 THE CLERK'S OFFICE DID RECEIVE A LETTER AND UP FOR
17:41:37 ANYONE TO VIEW ON SIRE.
17:41:40 >>GUIDO MANISCALCO: DO WE NEED TO RECEIVE AND FILE,
17:41:44 MR. SHELBY?
17:41:50 MR. SHELBY, DO WE NEED TO RECEIVE AND FILE OR IS IT
17:41:51 GOOD BECAUSE IT IS ALREADY UPLOADED?
17:41:54 >>MARTIN SHELBY: I BELIEVE IT WILL BE RECEIVED AT THE
17:41:58 END OF THE EVENING WHICH IS WAY IT IS DONE BECAUSE OF A
17:42:01 VIRTUAL MEETING -- MR. WELLS, DO YOU HAVE A DIFFERENT
17:42:04 OPINION ON RECEIVING AND FILE DURING A HEARING.
17:42:07 >>CATE WELLS: I DON'T SEE THE CHANGE OF THE PROCEDURE
17:42:09 THAT COUNCIL HAS BEEN FOLLOWING ALL ALONG.
17:42:10 >>MARTIN SHELBY: GREAT.
17:42:11 THANK YOU.
17:42:13 >>GUIDO MANISCALCO: THANK YOU, CITY STAFF, IF YOU
17:42:15 WOULD LIKE TO BEGIN.
17:42:18 >>MARY SAMANIEGO: MARY SAMANIEGO, I HAVE NOTHING
17:42:19 FURTHER TO ADD, SIR.
17:42:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:42:23 PETITIONER, ITEM NUMBER 9, IF YOU WOULD LIKE TO ADD
17:42:26 ANYTHING, SAY ANYTHING?
17:42:28 >> I HAVE NOTHING TO ADD.
17:42:30 >>GUIDO MANISCALCO: YOU HAVE NOTHING?
17:42:32 ANY QUESTIONS OR COMMENTS FOR THE PETITIONER.
17:42:35 I HEAR NONE, ANYONE IN THE PUBLIC THAT WISHES TO SPEAK
17:42:41 ON ITEM NUMBER 9, REZ-20-04.
17:42:44 >> THIS IS AILEEN ROSARIO FROM PLANNING AND
17:42:44 DEVELOPMENT.
17:42:48 NO ONE HERE TO SPEAK ON BEHALF OF THIS ITEM.
17:42:50 >>GUIDO MANISCALCO: VERY GOOD.
17:42:52 A MOTION TO CLOSE.
17:42:54 >>CHARLIE MIRANDA: MOTION.
17:42:56 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA AND
17:42:59 SECOND BY COUNCILMAN GUDES.
17:43:02 CLOSED WITH UNANIMOUS CONSENT.
17:43:06 COUNCILMAN MIRANDA MIND TAKING ITEM NUMBER 9.
17:43:09 >>CHARLIE MIRANDA: MOVE FILE NO. REZ-20-04, AN
17:43:12 ORDINANCE BEING PRESENTED FOR SECOND READING AND
17:43:16 ADOPTION FOR REZONING IN THE GENERAL HAVE I SIN OF 3801
17:43:21 NORTH 15TH STREET IN THE CITY OF TAMPA, FLORIDA, AND
17:43:25 MORE PARTICULARLY DESCRIBED CLASSIFICATION RO,
17:43:28 RESIDENTIAL OFFICE TO Q G+ COMMERCIAL GENERAL PROVIDING
17:43:29 AN EFFECTIVE DATE.
17:43:33 IN THIS CASE THE PETITION HAS MET THE BURDEN OF PROOF
17:43:35 THAT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
17:43:37 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
17:43:38 >>ORLANDO GUDES: SECOND.
17:43:40 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN GUDES.
17:43:43 ROLL CALL VOTE, PLEASE.
17:43:47 >>LUIS VIERA: YES.
17:43:48 >>ORLANDO GUDES: YES.
17:43:50 >>JOHN DINGFELDER: YES.
17:43:52 >>GUIDO MANISCALCO: YES.
17:43:54 >>BILL CARLSON: YES.
17:44:01 >>JOSEPH CITRO: --
17:44:05 >>CLERK: CITRO?
17:44:10 >>GUIDO MANISCALCO: I THINK YOU ARE MUTED, SIR.
17:44:15 >>JOHN DINGFELDER: JOE, DO YOU NEED CHARLIE'S HELP?
17:44:18 >>GUIDO MANISCALCO: HE SAID HE CAN'T UNMUTE HIMSELF.
17:44:23 >>CHARLIE MIRANDA: THE CROWD WILL BE HAPPY.
17:44:26 >>MARTIN SHELBY: IS JIM CREW ABLE TO UNMUTE HIM?
17:44:30 I AM CURIOUS.
17:44:32 >>JOSEPH CITRO: CAN YOU HEAR ME NOW?
17:44:33 THANK YOU.
17:44:34 SOMEONE FINALLY UNMUTED ME.
17:44:37 YES, MR. CHAIR.
17:44:39 >>CLERK: AND MIRANDA.
17:44:39 >>CHARLIE MIRANDA: YES.
17:44:42 I WILL HELP YOU NEXT TIME, CITRO.
17:44:43 >>JOSEPH CITRO: THANK YOU, CHARLIE.
17:44:47 I NEED ALL YOUR HELP.
17:44:48 >>CLERK: MIRANDA?
17:44:50 >>CHARLIE MIRANDA: YES.
17:44:53 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:44:56 >>GUIDO MANISCALCO: GREAT, ITEM NUMBER 10.
17:44:59 A MOTION TO OPEN ITEM 10.
17:44:59 >>CHARLIE MIRANDA: SO MOVED.
17:45:01 >>ORLANDO GUDES: SECOND.
17:45:03 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA.
17:45:04 SECOND BY GUDES.
17:45:05 NO OBJECTION?
17:45:08 THE ITEM NUMBER 10 IS OPEN.
17:45:11 PETITIONER, PARTICIPANTS APPEAR ON SCREEN, UNMUTE
17:45:13 YOURSELF, AND WE WILL SWEAR YOU IN.
17:45:16 >> MR. CHAIRMAN, JIM CREW, CITY CLERK'S OFFICE.
17:45:20 I DO NOT SEE MARC MOBLEY THE APPLICANT SIGNED IN TO THE
17:45:20 MEETING.
17:45:22 >>MARY SAMANIEGO: MARY SAMANIEGO.
17:45:27 I HAVE BEEN RECEIVING MESSAGES FROM STEVEN MICHELLINI.
17:45:30 HE IS THE REPRESENTATIVE AND HE IS NOT ABLE TO ACCESS
17:45:30 THE MEETING.
17:45:34 BUT HE SAYS -- HE IS HAVING TECHNICAL DIFFICULTIES BUT
17:45:37 HE SAID HE HAS NOTHING TO ADD.
17:45:40 >>GUIDO MANISCALCO: IS THAT LEGALLY SUFFICIENT?
17:45:40 IS THAT OKAY?
17:45:44 >>MARTIN SHELBY: LET ME ASK -- YES, AS LONG AS THERE
17:45:47 IS NO OTHER TESTIMONY OR ISSUES THAT COME UP.
17:45:50 SO THAT BEING THE CASE, MR. CHAIRMAN, I WOULD SAY MOVE
17:45:54 ON AND LET'S SEE HOW THIS PLAYS OUT.
17:45:55 AND I THINK WE CAN GO FORWARD.
17:45:57 >>GUIDO MANISCALCO: SWEAR IN THE FOLKS THAT ARE HERE
17:45:58 NOW, THEN.
17:46:01 >>MARTIN SHELBY: ANYBODY ELSE -- YEAH, I GUESS.
17:46:04 AND THERE IS NO OTHER PARTICIPANTS, MR. CREW, THAT'S
17:46:10 CORRECT?
17:46:12 >> THAT'S CORRECT.
17:46:13 >>MARTIN SHELBY: THANK YOU.
17:46:15 OKAY.
17:46:18 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:46:20 DO YOU SWEAR OR AFFIRM THAT YOU WILL TELL THE TRUTH,
17:46:23 THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
17:46:24 >>MARY SAMANIEGO: YES.
17:46:25 >>CLERK: THANK YOU.
17:46:28 THE CLERK'S OFFICE HAVE NOT RECEIVED ANY WRITTEN
17:46:29 COMMENTS ON THIS ITEM.
17:46:31 >>MARY SAMANIEGO: MARY SAMANIEGO, CITY STAFF.
17:46:34 I HAVE NOTHING FURTHER TO ADD AND I ASK THAT YOU
17:46:35 PROCEED WITH THE HEARING.
17:46:36 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:46:37 WE HAVE NO PETITIONER.
17:46:41 BUT NOTHING WAS ADDED TO THE RECORD HERE AND THE OTHER
17:46:41 TESTIMONY.
17:46:45 ANY OTHER QUESTIONS OR COMMENTS FROM COUNCILMAN?
17:46:46 I HEAR NONE.
17:46:51 ANYONE IN THE PUBLIC THAT WISHES TO SPEAK ON THIS ITEM,
17:46:54 REZ-20-09.
17:46:57 >>AILEEN ROSARIO: AILEEN ROSARIO FROM PLANNING AND
17:47:00 DEVELOPMENT AND INTO ONE HERE TO SPEAK ON THIS ITEM.
17:47:02 A MOTION TO CLOSE.
17:47:04 >>CHARLIE MIRANDA: MOTION.
17:47:05 >>ORLANDO GUDES: SECOND.
17:47:07 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA.
17:47:11 SECOND BY COUNCILMAN GUDES.
17:47:12 ANY OBJECTION?
17:47:17 COUNCILMAN CITRO, DO YOU MIND TAKING ITEM NUMBER 10?
17:47:23 >>JOSEPH CITRO: FILE NO. REZ-20-09, AN ORDINANCE BEING
17:47:26 PRESENTED FOR SECOND READING AND ADOPTION ORDINANCE
17:47:30 REZONING THE PROPERTY IN THE GENERAL VICINITY OF 3112
17:47:33 SAN JOSE STREET?
17:47:36 THE CITY OF TAMPA, FLORIDA, IN MORE PARTICULARLY
17:47:37 DESCRIBED IN SECTION ONE FROM ZONING CLASSIFICATION
17:47:44 RS-60, RESIDENTIAL SINGLE FAMILY AND RM-16, RESIDENTIAL
17:47:49 MULTIFAMILY TO RS-50, RESIDENTIAL SINGLE FAMILY
17:47:53 PROVIDING AN EFFECTIVE DATE.
17:47:55 >>CHARLIE MIRANDA: SECOND.
17:47:57 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN MIRANDA.
17:47:58 ROLL CALL.
17:48:00 >>LUIS VIERA: YES.
17:48:01 >>ORLANDO GUDES: YES.
17:48:02 >>JOHN DINGFELDER: YES.
17:48:04 >>GUIDO MANISCALCO: YES.
17:48:06 >>BILL CARLSON: YES.
17:48:08 >>JOSEPH CITRO: YES.
17:48:10 >>CHARLIE MIRANDA: YES.
17:48:13 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:48:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:48:17 WE NOW MOVE TO ITEM NUMBER 12.
17:48:22 CAN I HAVE A MOTION TO OPEN ITEM NUMBER 12?
17:48:24 MOTION FROM COUNCILMAN MIRANDA.
17:48:26 DO WE HAVE A SECOND?
17:48:28 IF THERE ARE NO OBJECTION.
17:48:30 THE HEARING IS NOW OPEN.
17:48:31 THANK YOU VERY MUCH.
17:48:37 IF THE PETITIONER, PARTICIPANTS CAN APPEAR AND TO BE
17:48:48 SWORN IN.
17:48:50 >> JIM CREW OF THE CLERK'S OFFICE.
17:48:53 MR. NAVARRETE HAS TO --
17:48:57 >> GOOD EVENING, GUYS.
17:48:57 >> HE IS THERE.
17:49:01 >>CLERK: PLEASE RAISE YOUR HAND.
17:49:04 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
17:49:06 WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
17:49:08 >>MARY SAMANIEGO: YES.
17:49:08 >> YES.
17:49:11 >>CLERK: THE CLERK'S OFFICE HAVE NOT RECEIVED ANY
17:49:12 WRITTEN COMMENTS ON THIS ITEM.
17:49:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:49:15 CITY STAFF?
17:49:17 >>MARY SAMANIEGO: MARY SAMANIEGO, NOTHING FURTHER TO
17:49:18 ADD.
17:49:20 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:49:23 PETITIONER, ANYTHING TO ADD OR SAY ON THIS ITEM?
17:49:24 >> NO, THANK YOU.
17:49:26 >>GUIDO MANISCALCO: QUESTIONS OR COMMENTS FROM
17:49:28 COUNCILMEMBERS?
17:49:29 HEARING NONE.
17:49:33 ANYONE IN THE PUBLIC WISHES TO SPEAK ON ITEM NUMBER --
17:49:38 ANY PUBLIC COMMENT?
17:49:41 >> FROM PLANNING AND DEVELOPMENT, NO ONE TO SPEAK ON
17:49:42 THIS ITEM.
17:49:44 >>GUIDO MANISCALCO: A MOTION AND TO CLOSE FROM
17:49:45 COUNCILMAN MIRANDA.
17:49:45 SECOND.
17:49:46 >>JOHN DINGFELDER: SECOND.
17:49:49 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN DINGFELDER.
17:49:51 ANY OBJECTION?
17:49:52 THE HEARING IS NOW CLOSED.
17:49:57 COUNCILMAN CARLSON, IF YOU WOULD MIND TAKING ITEM
17:49:59 NUMBER 12.
17:50:01 >>BILL CARLSON: YES, MR. CHAIR.
17:50:02 THANK YOU.
17:50:06 FILE NUMBER REZ-20-13 ORDINANCE BEING PRESENT TODAY ARE
17:50:09 SECOND READING REZONING PROPERTY IN THE GENERAL
17:50:15 VICINITY 2901-2907 NORTH 21ST STREET IN THE CITY OF
17:50:19 TAMPA, FLORIDA, PARTICULARLY DESCRIBED IN SECTION ONE
17:50:21 OF PLANNED DEVELOPMENT, BUSINESS PROFESSIONAL OFFICE TO
17:50:26 RS-50, RESIDENTIAL SINGLE FAMILY PROVIDING AN EFFECTIVE
17:50:27 DATE.
17:50:29 >>GUIDO MANISCALCO: DO WE HAVE A SECOND.
17:50:30 >>CHARLIE MIRANDA: SECOND.
17:50:32 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN MIRANDA.
17:50:34 ROLL CALL VOTE PLEASE.
17:50:36 >>LUIS VIERA: YES.
17:50:37 >>ORLANDO GUDES: YES.
17:50:39 >>JOHN DINGFELDER: YES.
17:50:41 >>GUIDO MANISCALCO: YES.
17:50:43 >>BILL CARLSON: YES.
17:50:45 >>JOSEPH CITRO: YES.
17:50:46 >>CHARLIE MIRANDA: YES.
17:50:49 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:50:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:50:53 WE WILL NOW MOVE TO ITEM NUMBER 13.
17:50:56 A MOTION TO ITEM NUMBER 13.
17:50:58 >>CHARLIE MIRANDA: SO MOVED.
17:51:00 >>ORLANDO GUDES: SECOND.
17:51:02 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA,
17:51:04 SECOND FROM COUNCILMAN GUDES.
17:51:05 WITHOUT ANY OBJECTION?
17:51:06 ALL RIGHT, HEARING IS OPEN.
17:51:11 ALL PARTICIPANTS FOR THE ITEM APPEAR ON CAMERA AND
17:51:26 UNMUTE YOURSELF SO THE CLERK CAN SWEAR YOU IN.
17:51:27 >> HI, GOOD EVENING.
17:51:31 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:51:34 SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE WHOLE
17:51:36 TRUTH, AND NOTHING BUT THE TRUTH.
17:51:37 >> YES.
17:51:39 >>CLERK: THE CLERK HAS NOT RECEIVED ANY WRITTEN
17:51:42 COMMENTS ON THIS ITEM.
17:51:43 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:51:45 CITY STAFF, ANYTHING ON THIS ITEM.
17:51:47 >>MARY SAMANIEGO: MARY SAMANIEGO, STAFF HAS NOTHING TO
17:51:49 ADD, SIR.
17:51:53 >>GUIDO MANISCALCO: PETITIONER, ANYTHING TO SAY.
17:51:55 >> NOTHING TO ADD BUT WE RESPECTFULLY REQUEST YOUR
17:51:55 APPROVAL.
17:51:58 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS FROM
17:52:00 COUNCILMEMBERS?
17:52:01 HEARING NONE?
17:52:03 ANYONE IN THE PUBLIC THAT WISHES TO SPEAK TO THIS ITEM
17:52:10 13, REZ-20-15.
17:52:14 >>AILEEN ROSARIO: THIS IS AILEEN ROSARIO FROM PLANNING
17:52:15 AND DEVELOPMENT.
17:52:19 NO ONE HEAR TO -- NO ONE HERE TO SPEAK TO THE ITEM.
17:52:21 >>GUIDO MANISCALCO: MOTION AND SECOND.
17:52:24 SECOND FROM COUNCILMAN GUDES.
17:52:25 IN NO OBJECTION.
17:52:27 THIS HEARING IS CLOSED.
17:52:30 COUNCILMAN DINGFELDER, WOULD YOU MIND TAKING ITEM
17:52:31 NUMBER 13.
17:52:32 >>JOHN DINGFELDER: SURE, MR. CHAIRMAN.
17:52:37 I WILL MOVE THE FOLLOWING ITEM FILE NUMBER REZ 20-15.
17:52:40 AN ORDINANCE BEING PRESENTED FOR SECOND READING AND
17:52:40 ADOPTION.
17:52:43 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY
17:52:50 480 AND 4610 INFORM SECTION ONE OF DISTRICT
17:52:55 CLASSIFICATION IG INDUSTRIAL GENERAL TO CI, COMMERCIAL
17:52:57 AND PROVIDED AN EFFECTIVE DATE.
17:53:00 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
17:53:01 >>LUIS VIERA: SECOND.
17:53:04 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN VIERA.
17:53:06 ROLL CALL VOTE PLEASE.
17:53:07 >>LUIS VIERA: YES.
17:53:08 >>ORLANDO GUDES: YES.
17:53:10 >>JOHN DINGFELDER: YES.
17:53:12 >>GUIDO MANISCALCO: YES.
17:53:14 >>BILL CARLSON: YES.
17:53:15 >>JOSEPH CITRO: YES.
17:53:17 >>CHARLIE MIRANDA: YES.
17:53:22 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:53:23 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:53:27 ITEM NUMBER 14.
17:53:28 MOTION.
17:53:29 >>CHARLIE MIRANDA: SO MOVED.
17:53:31 >>ORLANDO GUDES: SECOND.
17:53:33 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA.
17:53:34 SECOND BY GUDES.
17:53:36 ANY OBJECTION?
17:53:38 NO OBJECTIONS.
17:53:45 IF YOU ARE THE PETITIONER, PLEASE APPEAR ON THE SCREEN
17:53:50 AND WE WILL SWEAR YOU IN.
17:53:55 >> MR. CHAIRMAN, MICHAEL HORNER IS AN ANALYST AND NEEDS
17:53:59 TO TURN ON HIS CAMERA AND BE SWORN IN.
17:54:02 >>GUIDO MANISCALCO: IF YOU CAN TURN ON YOUR CAMERA,
17:54:04 UNMUTE YOURSELF AND BE SWORN IN.
17:54:06 >>CLERK: RAISE YOUR HAND.
17:54:08 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
17:54:10 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
17:54:10 >> I DO.
17:54:12 >>MARY SAMANIEGO: YES.
17:54:14 >>CLERK: THE CLERK'S OFFICE HAVE NOT RECEIVED ANY
17:54:16 WRITTEN COMMENTS ON THIS ITEM.
17:54:17 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:54:18 MARY?
17:54:20 >>MARY SAMANIEGO: MARY SAMANIEGO.
17:54:23 CITY STAFF HAS NOTHING TO ADD, SIR.
17:54:26 >>GUIDO MANISCALCO: MR. HORNER, ANYTHING TO ADD OR
17:54:26 SAY.
17:54:29 >> MR. CHAIRMAN, MICHAEL HORNER REPRESENTING THE OWNER
17:54:30 AND APPLICANT.
17:54:31 NOTHING FURTHER TO ADD.
17:54:32 >>GUIDO MANISCALCO: THANK YOU.
17:54:36 ANY QUESTIONS OR COMMENTS FROM COUNCILMEMBERS?
17:54:36 HEARING NONE.
17:54:39 ANYONE IN THE PUBLIC THAT WISHES TO SPEAK ON ITEM
17:54:43 NUMBER REZ 20-18.
17:54:45 ANYBODY IN THE PUBLIC?
17:54:48 >>AILEEN ROSARIO: AILEEN ROSARIO FROM PLANNING AND
17:54:50 DEVELOPMENT AND NO ONE HERE TO SPEAK ON THIS ITEM.
17:54:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:54:54 A MOTION TO CLOSE BY COUNCILMAN MIRANDA.
17:54:56 SECOND FROM COUNCILMAN GUDES.
17:54:58 ANY OBJECTION?
17:55:02 HEARING NONE.
17:55:05 COUNCILMAN DINGFELDER, DID I LEAVE OFF FOR YOU.
17:55:10 COUNCILMAN GUDES, READ ITEM NUMBER 14.
17:55:15 >>ORLANDO GUDES: FILE NO. REZ 20-18.
17:55:20 REZONING PROPERTY IN THE GENERAL VICINITY 1203 EAST
17:55:26 HILLSBOROUGH AVENUE AND 1202 EAST GIDDENS AVENUE IN THE
17:55:31 CITY OF TAMPA FLORIDA, CI, SEMINOLE HEIGHTS, COMMERCIAL
17:55:36 INTENSIVE AND SH-RS, SEMINOLE HEIGHTS, RESIDENTIAL
17:55:39 SINGLE FAMILY DETACHED AND SH-CI SEMINOLE HEIGHTS
17:55:42 COMMERCIAL INTENSIVE PROVIDING AN EFFECTIVE DATE.
17:55:45 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES.
17:55:45 SECOND.
17:55:47 >>LUIS VIERA: SECOND.
17:55:49 ROLL CALL VOTE PLEASE.
17:55:50 >>LUIS VIERA: YES.
17:55:51 >>ORLANDO GUDES: YES.
17:55:55 >>JOHN DINGFELDER: YES.
17:55:57 >>GUIDO MANISCALCO: YES.
17:55:59 >>BILL CARLSON: YES.
17:56:02 >>JOSEPH CITRO: YES.
17:56:04 >>CHARLIE MIRANDA: YES.
17:56:06 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:56:08 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:56:13 NOW MOVE TO ITEM NUMBER 15, GET A MOTION TO MOVE ITEM
17:56:13 15.
17:56:14 >>CHARLIE MIRANDA: SO MOVED.
17:56:17 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
17:56:18 >>ORLANDO GUDES: SECOND.
17:56:22 >>GUIDO MANISCALCO: UNLESS THERE ARE ANY EXCEPTION.
17:56:24 HEARING IS OPEN.
17:56:27 PETITIONER AND PARTICIPANTS UNMUTE YOURSELF AND APPEAR
17:56:38 ON THE SCREEN SO WE CAN SWEAR YOU IN.
17:56:40 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
17:56:43 DO YOU WEAR OR AFFIRM THAT YOU WILL TELL THE TRUTH,
17:56:47 WHOLE TRUTH AND NOTHING BUT THE TRUTH?
17:56:47 >> I DO.
17:56:51 >>CLERK: THE CLERK'S OFFICE HAVE NOT RECEIVED ANY
17:56:55 COMMENTS ON THIS ITEM.
17:56:58 >> NOT SHOWING ON THE SCREEN WHO IS A PARTICIPANT AND
17:57:01 NEEDS TO BE SWORN IN.
17:57:05 >>GUIDO MANISCALCO: POLICE BASIL.
17:57:08 IF YOU CAN TURN ON THE CAMERA AND --
17:57:11 >>MARTIN SHELBY: IS SHE GOING TO BE TESTIFY.
17:57:13 >>CLERK: RAISE YOUR RIGHT HAND.
17:57:16 SWEAR OR AFFIRM THAT YOU WILL TELL THE TRUTH, THE WHOLE
17:57:18 TRUTH, AND NOTHING BUT THE TRUTH?
17:57:19 >> I DO.
17:57:22 >>GUIDO MANISCALCO: MARY, TAKE IT AWAY.
17:57:24 >>MARY SAMANIEGO: MARY SAMANIEGO, CITY STAFF.
17:57:27 WE HAVE NOTHING FURTHER TO ADD, THANK YOU HAVE SIR.
17:57:29 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:57:34 >> ABBYE FEELEY, STEARNS, WEAVER, MILLER.
17:57:35 SWEET 2100.
17:57:41 WE ARE HERE ON THE SECOND READING AT 3612 WEST SWANN
17:57:42 AVENUE.
17:57:45 WE HAVE COMPLETED ALL THE MODIFICATION BETWEEN FIRST
17:57:52 AND SECOND READING AND RESPECTFULLY CAN YOUR APPROVAL.
17:57:55 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS.
17:57:58 MISS BASIL, WILL YOU BE SPEAKING ON THIS TOO.
17:58:00 >> NO, SIR, THANK YOU.
17:58:01 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:58:06 ANYONE THAT WISHES TO SPEAK ON THIS ITEM, ITEM NUMBER
17:58:07 15.
17:58:10 >>AILEEN ROSARIO: AILEEN ROSARIO FROM PLANNING AND
17:58:10 DEVELOPMENT.
17:58:13 NO ONE HERE TO SPEAK ON THIS ITEM.
17:58:15 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:58:17 QUESTION OR COMMENTS?
17:58:20 >>CHARLIE MIRANDA: MOVE TO CLOSE.
17:58:21 >>LUIS VIERA: SECOND.
17:58:23 >>GUIDO MANISCALCO: MOTION AND A SECOND BY COUNCILMAN
17:58:25 VIERA.
17:58:28 BY UNANIMOUS CONSENT, THIS ITEM IS NOW CLOSED.
17:58:35 IF YOU WOULDN'T MIND TAKE REZ-20-29.
17:58:36 >> MY PLEASURE.
17:58:39 ORDINANCE OF SECOND READING ORDINANCE REZONING IN THE
17:58:42 GENERAL VICINITY OF 3612 WEST SWANN IN THE CITY OF
17:58:46 TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION
17:58:51 1 FROM ZONING DISTRICT CLASSIFICATION RO-1 RESIDENTIAL
17:58:54 OFFICE TO PD PLANNED DEVELOPMENT OFFICE AND BUSINESS
17:58:57 PROFESSIONAL OFFICE PROVIDE AN EFFECTIVE DATE.
17:58:58 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
17:59:00 >>CHARLIE MIRANDA: SECOND.
17:59:02 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN MIRANDA.
17:59:03 ROLL CALL.
17:59:08 >>LUIS VIERA: YES.
17:59:09 >>ORLANDO GUDES: YES,
17:59:10 >>GUIDO MANISCALCO: YES.
17:59:12 >>JOHN DINGFELDER: YES.
17:59:13 >>JOSEPH CITRO: YES.
17:59:17 >>CHARLIE MIRANDA: YES.
17:59:19 MOTION CARRIES UNANIMOUSLY.
17:59:21 >> THAT YOU ARE, COUNCIL.
17:59:22 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:59:24 WE MOVE TO ITEM NUMBER 16.
17:59:26 A MOTION TO ITEM NUMBER 16.
17:59:27 >>CHARLIE MIRANDA: SO MOVED.
17:59:30 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
17:59:32 SECOND FROM COUNCILMAN GUDES.
17:59:33 ANY OBJECTION?
17:59:34 >> MR. CHAIR --
17:59:37 >>GUIDO MANISCALCO: THIS ITEM IS OPEN.
17:59:38 COUNCILMAN CARLSON.
17:59:42 >>BILL CARLSON: TURNS OUT I HAVE A POTENTIAL CONFLICT
17:59:45 AND WILL LOG OUT.
17:59:50 >>GUIDO MANISCALCO: MUTE YOURSELF AN DON'T LISTEN TO
17:59:51 ANYTHING.
17:59:53 >>MARTIN SHELBY: CITY COUNCIL ATTORNEY.
17:59:57 ITEM NUMBER 168702 HUNTER LAKE DRIVE.
18:00:01 THAT IS CORRECT?
18:00:03 >> SORRY, I JUMPED THE GUN.
18:00:05 NUMBER 17.
18:00:08 SORRY TO INTERRUPT.
18:00:10 >>GUIDO MANISCALCO: THE HEARING IS NOW OPEN IF YOU
18:00:13 WILL BE PARTICIPATING OR A PETITIONER.
18:00:14 PLEASE APPEAR ON SCREEN.
18:00:17 UNMUTE YOURSELF AND TURN ON YOUR CAMERA SO WE CAN SWEAR
18:00:20 YOU IN.
18:00:23 >> MR. CHAIRMAN, JIM CREW, CITY CLERK'S OFFICE.
18:00:27 MISS MANDEL IS THE APPLICANT AND NEEDS TO TURN ON HER
18:00:29 CAMERA AND BE SWORN IN.
18:00:32 >>GUIDO MANISCALCO: MISS MANDEL, TURN ON YOUR CAMERA
18:00:40 AND WE WILL SWEAR YOU IN.
18:00:41 >> THERE WE GO.
18:00:43 GOOD EVENING, COUNCIL.
18:00:46 >>CLERK: PLEASE RAISE YOUR RIGHT HAND.
18:00:49 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
18:00:52 WHOLE TRUTH AND NOTHING BUT THE TRUTH?
18:00:53 >> YES.
18:00:56 >>CLERK: THE CLERK'S OFFICE HAVE NOT RECEIVED ANY
18:00:57 WRITTEN COMMENTS ON THIS ITEM.
18:00:59 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:01:00 MA'AM?
18:01:02 >>MARY SAMANIEGO: MARY SAMANIEGO, CITY STAFF.
18:01:04 NOTHING FURTHER TO ADD.
18:01:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:01:10 MISS MANDELL.
18:01:14 >> JULIA MANDELL, 401 EAST JACKSON.
18:01:18 I'M HERE ON BEHALF OF ADVENT HEALTH THE APPLICANT FOR
18:01:18 THIS ITEM.
18:01:22 I DON'T HAVE ANYTHING TO ADD AND AVAILABLE FOR ANY
18:01:23 QUESTIONS AND THANK YOU FOR YOUR SUPPORT IN THIS
18:01:25 MATTER.
18:01:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:01:28 ANY QUESTIONS OR COMMENTS FROM COUNCIL?
18:01:30 I HEAR NONE.
18:01:33 ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK TO ITEM
18:01:38 NUMBER 16, REZ 20-40.
18:01:41 >>AILEEN ROSARIO: AILEEN ROSARIO FROM PLANNING AND
18:01:41 DEVELOPMENT.
18:01:43 NO ONE HERE TO SPEAK ON THIS ITEM.
18:01:45 >>GUIDO MANISCALCO: ANYTHING ELSE?
18:01:46 A MOTION TO CLOSE THIS PUBLIC HEARING.
18:01:48 >>CHARLIE MIRANDA: MOVE.
18:01:49 >>ORLANDO GUDES: SECOND.
18:01:53 >>GUIDO MANISCALCO: MOVED BY UNANIMOUS CONSENT.
18:01:55 ANY OBJECTION, THIS HEARING IS NOW CLOSED.
18:01:58 COUNCILMAN MIRANDA IF YOU DO NOT MIND TAKING ITEM
18:01:59 NUMBER 16.
18:02:00 >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
18:02:06 REZ 20-40 MOVE AN ORDINANCE FOR SECOND READING AND
18:02:11 ADOPTION ORDINANCE REZONING 8702 HUNTER LAKE DRIVE IN
18:02:13 THE CITY, TAMPA, FLORIDA, AND MORE PARTICULARLY
18:02:19 DESCRIBED IN ZONING CLASS IF I COMPASSION PD A PLANNED
18:02:23 DEVELOPMENT ALTERNATIVE RELIGIOUS ASSEMBLY TO PD
18:02:25 PLANNED DEVELOPMENT MEDICAL OFFICE.
18:02:29 IN THIS CASE THE PETITIONER HAS MET OTHER REQUIREMENTS
18:02:33 REGARDING THE ZONING CLASSIFICATION AND ALSO THE
18:02:36 MINIMUM WAIVERS WERE THERE AT ONE TIME.
18:02:39 AND HAVE BEEN APPROVED BY -- SUGGESTED BY THE CITY OF
18:02:44 TAMPA CODE AND ALSO THE PLANNING COMMISSION.
18:02:47 >>GUIDO MANISCALCO: YOU WANT A SECOND?
18:02:48 >>JOSEPH CITRO: SECOND.
18:02:51 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN CITRO.
18:02:52 ROLL CALL VOTE.
18:02:53 >>LUIS VIERA: YES.
18:02:56 >>ORLANDO GUDES: YES.
18:02:57 >>JOHN DINGFELDER: YES.
18:02:59 >>GUIDO MANISCALCO: YES.
18:03:00 >>BILL CARLSON: YES.
18:03:02 >>JOSEPH CITRO: YES.
18:03:05 >>CHARLIE MIRANDA: YES.
18:03:07 >>CLERK: MOTION CARRIED UNANIMOUSLY.
18:03:12 >>GUIDO MANISCALCO: ITEM NUMBER 17.
18:03:15 A MOTION TO OPEN THE PUBLIC HEARING.
18:03:17 MOTION BY COUNCILMAN MIRANDA.
18:03:20 SECOND BY COUNCILMAN GUDES.
18:03:24 MR. CARLSON, WAS THIS AN ITEM YOU NEED TO BE RECUSE?
18:03:27 >>BILL CARLSON: I WILL FILE THE PAPER WORK.
18:03:29 >>MARTIN SHELBY: MR. CARLSON, IF YOU CAN, STATE THE
18:03:32 NATURE OF YOUR CONFLICT BEFORE YOU ABSTAIN.
18:03:34 >>BILL CARLSON: I BELIEVE THERE MAY BE A CONFLICT
18:03:41 BETWEEN THE APPLICANT AND MY COMPANY, MY EMPLOYER.
18:03:45 THANK YOU.
18:03:48 >>GUIDO MANISCALCO: IF YOU WERE GOING TO BE
18:03:51 PARTICIPATING OR A PETITIONER ON THE ITEM, UNMUTE
18:03:54 YOURSELF, TURN ON YOUR CAMERA AND WE WILL SWEAR YOU IN.
18:03:55 >> MR. CHAIRMAN, JIM CREW.
18:03:59 I DO NOT SEE EITHER PETITIONER ELIZABETH ALBERT OR
18:04:04 GENESIS HEALTH SIGN IN TO THE MEETING.
18:04:06 >>MARTIN SHELBY: MR. CREW, ANYONE ELSE WHO IS
18:04:10 REGISTERED TO SPEAK ON THIS ITEM?
18:04:12 >> THERE ARE NONE.
18:04:13 >>MARTIN SHELBY: OKAY, THANK YOU.
18:04:16 >>GUIDO MANISCALCO: PLEASE BE SWORN IN THOSE WHO WILL
18:04:18 BE PARTICIPATING WHO ARE HERE.
18:04:20 >>CLERK: RAISE YOUR RIGHT HAND.
18:04:22 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
18:04:25 WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
18:04:26 >> YES.
18:04:28 >>CLERK: THE CLERK'S OFFICE HAVE NOT RECEIVED ANY
18:04:30 WRITTEN ITEMS ON THIS.
18:04:31 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:04:33 MARY, DO YOU HAVE ANYTHING?
18:04:35 >>MARY SAMANIEGO: MARY SAMANIEGO, CITY STAFF.
18:04:38 I ASK THAT YOU PROCEED WITH THE HEARING.
18:04:39 NOTHING FURTHER TO ADD.
18:04:41 >>GUIDO MANISCALCO: ANYBODY IN THE PUBLIC WHO WISHES
18:04:47 TO SPEAK ON NUMBER 17, SU 2-20-02.
18:04:51 >> THIS IS AILEEN ROSARIO FROM PLANNING AND
18:04:51 DEVELOPMENT.
18:04:55 NO ONE HERE TO SPEAK TO THE ITEM.
18:04:57 >>CHARLIE MIRANDA: MOVE TO CLOSE.
18:04:58 >>ORLANDO GUDES: SECOND.
18:05:00 >>GUIDO MANISCALCO: ANY OBJECTION?
18:05:03 HEARING NONE FROM UNANIMOUS CONSENT.
18:05:04 THE HEARING IS CLOSED.
18:05:09 COUNCILMAN CITRO, MIND READING ITEM NUMBER 17.
18:05:13 >>JOSEPH CITRO: THANK YOU MR. CHAIR, SU 2-20-02,
18:05:17 ORDINANCE BEING PRESENTED FOR SECOND READING AND
18:05:21 ADOPTION, APPROVING SPECIAL USE PERMIT SU-2, APPROVING
18:05:28 COMMERCIAL, OFF-STREET PARKING IN AN RM-24 RESIDENTIAL,
18:05:34 MULTIFAMILY ZONING DISTRICT, IN THE GENERAL VICINITY OF
18:05:38 214 SOUTH MOODY AVENUE IN THE CITY OF TAMPA, FLORIDA,
18:05:41 AND MORE PARTICULARLY DESCRIBED IN SECTION 1 HEREOF
18:05:43 PROVIDING AN EFFECTIVE DATE.
18:05:47 >> MR. CHAIRMAN, I BELIEVE THAT WAS 214 SOUTH MOODY?
18:05:49 >>JOSEPH CITRO: 214.
18:05:51 DID MY DYSLEXIA KICK IN?
18:05:55 >>MARTIN SHELBY: EITHER YOURS OR MINE.
18:05:56 >>JOSEPH CITRO: OKAY.
18:05:57 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
18:05:59 >>CHARLIE MIRANDA: SECOND.
18:06:03 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN MIRANDA IF
18:06:05 QUICK GET A ROLL CALL VOTE.
18:06:06 >>LUIS VIERA: YES.
18:06:08 >>ORLANDO GUDES: YES.
18:06:10 >>JOHN DINGFELDER: YES.
18:06:13 >>GUIDO MANISCALCO: NO.
18:06:15 >>BILL CARLSON: --
18:06:18 >>CLERK: CITRO.
18:06:20 >>JOSEPH CITRO: YES.
18:06:22 >>CLERK: AND MIRANDA.
18:06:32 >>CHARLIE MIRANDA: ONE SECOND HERE, NO.
18:06:34 >>GUIDO MANISCALCO: YOU SECONDED THE MOTION.
18:06:37 >>CHARLIE MIRANDA: YOU CAN STILL SECOND THE MOTION AND
18:06:38 VOTE NO.
18:06:40 THAT IS WHAT I WAS TOLD BY ATTORNEYS.
18:06:44 >>MARTIN SHELBY: YOU ARE CORRECT, MR. MIRANDA.
18:06:47 >>CLERK: MOTION CARRIED WITH MANISCALCO AND MIRANDA
18:06:51 VOTE NOTHING AND CARLSON OBTAINING.
18:06:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:06:55 WE ARE ITEM NUMBER 18.
18:06:58 CAN I GET A MOTION TO OPEN ITEM 18.
18:07:00 >>CHARLIE MIRANDA: SO MOVED.
18:07:01 >>ORLANDO GUDES: SECOND.
18:07:03 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN MIRANDA,
18:07:06 SECOND BY COUNCILMAN GUDES.
18:07:07 ANY OBJECTION?
18:07:10 HEARING NONE, OPEN BY UNANIMOUS CONSENT.
18:07:13 IF YOU WILL BE PARTICIPATING, PETITIONER, ANYBODY,
18:07:16 PLEASE TURN YOUR CAMERA AND MICROPHONE ON SO WE CAN
18:07:31 SWEAR YOU IN.
18:07:31 >> I HAVE TURNED IT ON.
18:07:33 I DON'T KNOW IF YOU CAN HEAR ME OR NOT.
18:07:36 >>GUIDO MANISCALCO: WE CAN HEAR YOU, BUT IT'S LOADING.
18:07:40 >> YOU PROBABLY DON'T WANT TO SEE ME ANYWAY.
18:08:32 >>GUIDO MANISCALCO: WE NEED TO SEE YOU.
18:08:37 >> DID IS IT STILL LOAD ON THE PART.
18:08:39 >> ARE WE WAITING FOR.
18:08:42 >>MARY SAMANIEGO: WE CAN HEAR YOU BUT CAN'T SEE YOU,
18:08:42 STEVE.
18:08:47 >> THE CAMERA SHOWS ON AS DOES THE MICROPHONE.
18:08:53 I SEE MYSELF ON MINE BUT NOT ON YOURS.
18:08:55 >>MARTIN SHELBY: DO YOU INTEND TO TESTIFY.
18:08:56 >> NOTHING ELSE TO SAY.
18:08:58 >>MARTIN SHELBY: DO YOU HAVE ANY OBJECTION OF MOVING
18:09:03 FORWARD WITHOUT US BEING ABLE TO SEE YOU.
18:09:03 >> NO, SIR.
18:09:05 >>GUIDO MANISCALCO: WE SHOULD PROCEED.
18:09:08 SWEAR IN WHO NEEDS TO BE SWORN IN AT THIS POINT.
18:09:09 MR. CLERK.
18:09:10 MADAM CLERK.
18:09:12 >> PLEASE RAID YOUR RIGHT HAND.
18:09:14 DO YOU SWEAR AND AFFIRM YOU WILL TELL THE TRUTH, THE
18:09:17 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
18:09:18 >> YES.
18:09:21 >> THE CLERK'S OFFICE HAVE NOT RECEIVED ANY WRITTEN
18:09:21 COMMENT ON THIS ITEM.
18:09:23 >>MARY SAMANIEGO: MARY SAMANIEGO WITH CITY STAFF.
18:09:26 I ASK THAT YOU PROCEED WITH THE HEARING.
18:09:29 I HAVE NOTHING FURTHER TO ADD.
18:09:31 >>GUIDO MANISCALCO: PETITIONER, DO YOU HAVE ANYTHING
18:09:35 TO ADD OR SAY ON ITEM NUMBER 18?
18:09:35 >> NO, SIR.
18:09:37 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS FROM
18:09:37 COUNCILMAN MEMBERS?
18:09:38 I HEAR NONE.
18:09:41 ANYONE IN THE PUBLIC WHO WISHING TO SPEAK ON ITEM
18:09:45 NUMBER 18?
18:09:50 >>AILEEN ROSARIO: THIS IS AILEEN ROSARIO -- NO ONE HERE
18:09:52 TO SPEAK ON ITEM.
18:09:53 >>GUIDO MANISCALCO: VERY GOOD.
18:09:54 A MOTION TO CLOSE.
18:09:57 >>CHARLIE MIRANDA: MOTION TO CLOSE.
18:09:58 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN
18:09:59 MIRANDA.
18:10:00 A SECOND?
18:10:02 >>JOSEPH CITRO: SECOND.
18:10:04 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN
18:10:07 CITRO.
18:10:08 ANY OBJECTION.
18:10:11 HEARING NONE.
18:10:14 COUNCILMAN CARLSON, IF YOU WOULDN'T MIND READING ITEM
18:10:15 NUMBER 18.
18:10:17 >> THANK YOU, MR.CHAIR.
18:10:22 SU-2-20-04 ORDINANCE FOR SECOND READING AND ADOPTION
18:10:26 APPROVING A SPECIAL USE PERMIT SU-2 APPROVING A BANK
18:10:30 WITH DRIVE-IN A CG COMMERCIAL GENERAL ZONING DISTRICT
18:10:35 IN THE GENERAL VICINITY OF 5002 EAST FOWLER, AVENUE, IN
18:10:37 THE CITY OF TAMPA, FLORIDA, AS MORE PARTICULARLY
18:10:43 DESCRIBED IN SECTION 1, HEREOF, PROVIDING AN EFFECTIVE
18:10:45 DATE.
18:10:48 >>GUIDO MANISCALCO: A SECOND BY COUNCILMAN MIRANDA,
18:10:49 ROLL CALL VOTE PLEASE.
18:10:51 >>LUIS VIERA: YES.
18:10:53 >>ORLANDO GUDES: YES.
18:10:54 >>JOHN DINGFELDER: YES.
18:10:57 >>GUIDO MANISCALCO: YES.
18:11:00 >>BILL CARLSON: YES.
18:11:02 >>JOSEPH CITRO: YES.
18:11:04 >>CHARLIE MIRANDA: YES.
18:11:07 >> MOTION CARRIED UNANIMOUSLY.
18:11:09 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:11:12 MAY I HAVE A MOTION TO OPEN ITEM NUMBER 19.
18:11:15 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
18:11:17 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
18:11:20 SECOND FROM COUNCILMAN GUDES.
18:11:22 ANY OBJECTION?
18:11:24 THIS IS NOW OPEN.
18:11:27 PETITIONER, PARTICIPANTS, TURN ON YOUR CAMERA AND
18:11:36 UNMUTE YOURSELF SO WE CAN SWEAR YOU IN.
18:11:39 >> MR. CHAIRMAN, JIM CREW, CITY CLERK'S OFFICE.
18:11:46 MATTHEW CAMPO IS THE APPLICANT AND NEEDS TO TURN ON HIS
18:11:47 CAMERA AND MICROPHONE.
18:11:49 >>GUIDO MANISCALCO: IF YOU CAN TURN ON YOUR CAMERA AND
18:12:03 MICROPHONE AND WE WILL SWEAR EVERYONE IN.
18:12:11 >> IT LOOKS LIKES HE IS OFFLINE.
18:12:17 >> ANYONE ELSE, MR. CREW?
18:12:19 >> NO, SIR.
18:12:21 >>MARTIN SHELBY: MR. CHAIRMAN, WHY DON'T YOU MOVE
18:12:24 FORWARD AND SEE IF THERE IS ANYBODY AT THE CONVENTION
18:12:27 CENTER THAT STAFF WISHES TO SPEAK.
18:12:29 >>GUIDO MANISCALCO: LET'S SWEAR EVERYBODY IN AT THIS
18:12:31 POINT, PLEASE.
18:12:32 >> RAISE YOUR RIGHT HAND.
18:12:35 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
18:12:37 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
18:12:39 >>MARY SAMANIEGO: YES.
18:12:40 >> THANK YOU.
18:12:43 WE DID NOT RECEIVE ANY WRITTEN COMMENTS, BUT WE DID
18:12:47 RECEIVE FOUR REGISTERED SPEAKERS ON THIS ITEM.
18:12:49 >>GUIDO MANISCALCO: OKAY.
18:12:51 GO AHEAD, MARY.
18:12:52 >>MARY SAMANIEGO: MARY SAMANIEGO.
18:12:56 STAFF HAS NOTHING FURTHER TO ADD AND ASK THAT YOU
18:12:57 PROCEED WITH THE HEARING PLEASE.
18:12:58 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:13:00 THE PETITIONER IS NOT ON LINE.
18:13:03 BUT WE HAVE FOUR REGISTERED SPEAKERS.
18:13:06 IF WE CAN BEGIN WITH THOSE.
18:13:08 >> ACTUALLY CORRECTION.
18:13:10 THAT IS FOR NUMBER 20.
18:13:16 I AM SORRY, REZ 19-77 REGISTERED SPEAKERS.
18:13:18 >>GUIDO MANISCALCO: NO PROBLEM.
18:13:20 ANYBODY IN THE PUBLIC AT THE CONVENTION CENTER WILLING
18:13:31 TO SPEAK ON ITEM NUMBER 19, THIS IS AILEEN ROSARIO WITH
18:13:32 PLANNING AND DEVELOPMENT.
18:13:35 NO ONE HERE TO SPEAK ON THE ITEM.
18:13:38 >>GUIDO MANISCALCO: QUESTIONS OR COMMENTS?
18:13:39 A MOTION TO CLOSE.
18:13:42 >>CHARLIE MIRANDA: MOTION.
18:13:45 >>GUIDO MANISCALCO: MOTION AND A SECOND.
18:13:50 MOTION BY COUNCILMAN MIRANDA AND SECOND BY CITRO.
18:13:53 COUNCILMAN DINGFELDER, WOULD YOU MIND TAKING ITEM
18:13:55 NUMBER 19.
18:13:56 >>JOHN DINGFELDER: BE GLAD TO.
18:14:06 MR. CHAIRMAN, I WILL MOVE FILE NO. SU 2-20-06 ORDINANCE
18:14:12 APPROVING A SPECIAL USE PERMIT S2 TO APPROVE BANK,
18:14:17 DRIVE-IN AND CG COMMERCIAL GENERAL IN 2792 EAST FOWLER
18:14:19 AVENUE IN THE CITY OF TAMPA, FLORIDA, MORE PARTICULARLY
18:14:23 DESCRIBED IN SECTION HEREOF PROVIDING AN EFFECTIVE
18:14:24 DATE.
18:14:25 >>CHARLIE MIRANDA: SECOND.
18:14:26 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN
18:14:27 DINGFELDER.
18:14:29 SECOND FROM COUNCILMAN MIRANDA.
18:14:30 ROLL CALL VOTE, PLEASE.
18:14:32 >>LUIS VIERA: YES.
18:14:34 >>ORLANDO GUDES: YES.
18:14:36 >>JOHN DINGFELDER: YES.
18:14:37 >>GUIDO MANISCALCO: YES.
18:14:39 >>BILL CARLSON: YES.
18:14:41 >>JOSEPH CITRO: YES.
18:14:44 >>CHARLIE MIRANDA: YES.
18:14:49 >> MOTION CARRIED UNANIMOUSLY.
18:14:53 >>GUIDO MANISCALCO: I STATED EARLIER, WE WILL LEAVE
18:14:55 ITEM 20 ON THE LAST ITEM.
18:14:57 WE ARE MOVING SO QUICKLY AND SMOOTHLY.
18:14:59 LET'S GO TO ITEM NUMBER 22.
18:15:02 A MOTION TO OPEN NUMBER 22.
18:15:04 >>CHARLIE MIRANDA: SO MOVED, MR. CHAIRMAN.
18:15:06 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
18:15:08 SECOND FROM COUNCILMAN GUDES.
18:15:09 ANY OBJECTION?
18:15:12 HEARING NONE BY UNANIMOUS CONSENT.
18:15:14 ITEM NUMBER 22 IS OPEN.
18:15:16 IF YOU WERE PARTICIPATING ON THE ITEM OR ARE THE
18:15:18 PETITIONER, PLEASE UNMUTE YOURSELF.
18:15:24 TURN YOUR CAMERA ON SO WE CAN SWEAR YOU IN.
18:15:26 >> PLEASE RAISE YOUR RIGHT HAND.
18:15:28 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
18:15:30 WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
18:15:30 >> I DO.
18:15:32 >> I DO.
18:15:34 >> THANK YOU.
18:15:37 THE CLERK'S OFFICE HAVE NOT RECEIVED ANY WRITTEN
18:15:39 COMMENTS ON THIS ITEM.
18:15:41 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:15:41 CITY STAFF.
18:15:44 >> GOOD EVENING, RYAN MANASSE, PLANNING DESIGN
18:15:45 DEVELOPMENT COORDINATION.
18:15:55 THE ITEM IN ITEM NUMBER 22, FILE NUMBER SU 2-20-07.
18:15:58 906 EAST SENECA.
18:16:02 RESIDENTIAL SINGLE FAMILY AND COMMERCIAL OFF STREET
18:16:02 PARKING.
18:16:04 LIKE TO GO TO DAVID HEY WITH THE PLANNING COMMISSION
18:16:07 AND RETURN BACK TO ME.
18:16:10 >> GO AHEAD, MR. HEY.
18:16:14 >>DAVID HEY: DAVID HEY, PLANNING COMMISSION STAFF.
18:16:21 IF YOU CAN SHARE MY SCREEN, PLEASE.
18:16:25 THANK YOU.
18:16:27 YOU CAN SEE THE SCREEN, CORRECT?
18:16:28 >>GUIDO MANISCALCO: YES, YOU CAN.
18:16:32 GO AHEAD, SIR.
18:16:35 >> WE START OFF THE EVENING IN THE UNIVERSITY PLANNING
18:16:36 DISTRICT.
18:16:42 THE NORTH TAMPA NEIGHBORHOOD.
18:16:44 HERE WE HAVE THE AERIAL OF THE SUBJECT SITE.
18:16:46 IT IS IN THE CENTER.
18:16:51 YOU CAN SEE NORTH NEBRASKA AVENUE RUNNING NORTH-SOUTH.
18:16:55 YOU CAN SEE THE COMMERCIAL USES THAT LINE THAT SEGMENT
18:16:56 OF NORTH NEBRASKA.
18:17:00 IMMEDIATELY TO THE SOUTH, YOU SEE A MOBILE HOME PARK.
18:17:05 AND THEN THE REST OF THE RESIDENTIAL AREA TO THE NORTH
18:17:10 AND TO THE EAST ARE PREDOMINANTLY SINGLE FAMILY
18:17:14 DETACHED WITH SOME DUPLEXES.
18:17:16 HERE WE HAVE THE FUTURE LAND USE MAP.
18:17:20 THE SUBJECT SITE AND ALL THE PROPERTIES WITHIN THIS
18:17:24 BROWN ARE THE RESIDENTIAL.
18:17:27 THE DARKER BROWN IS RES-35.
18:17:32 AND THEN THE RED ALONG NORTH NEBRASKA AVENUE IS THAT
18:17:39 COMMUNITY COMMERCIAL 35.
18:17:45 THE CITY OF TAMPA DOES REQUIRE OFF-STREET PARKING
18:17:46 WITHIN THE URBAN SETTING.
18:17:50 200 FEET OF NORTH NEBRASKA AVENUE A MIXED USE CORRIDOR
18:17:53 AND PREDOMINANTLY COMMERCIAL IN CHARACTER CURRENTLY.
18:17:56 THE PROPOSED PARKING WOULD SUPPORT THE ADJOINING
18:18:01 COMMERCIAL USE TO THE WEST OF THE SUBJECT SITE.
18:18:07 THIS WAS CONSIDERED FOR COMMERCIAL OFF-STREET PARKING
18:18:09 THROUGH SPECIAL USE 2.
18:18:11 AT THE TIME OF THAT PETITION, THE PLANNING COMMISSION
18:18:14 STAFF PRESENTED CONCERNS ABOUT THE INTRUSION OF
18:18:16 COMMERCIAL TRAFFIC INTO THE SURROUNDING RESIDENTIAL
18:18:20 AREA BY PATRONS USING THE PROPOSED PARKING LOT.
18:18:24 IN APRIL 2020, PLANNING COMMISSION STAFF REITERATED
18:18:29 THOSE CONCERNS, EXCUSE ME, IN THE DEVELOPMENT REVIEW
18:18:32 COMMITTEE REPORT AND RECOMMENDED VEHICULAR CROSS-ACCESS
18:18:37 BE PROVIDED THROUGH THE EXISTING DRIVEWAY TO THE WEST
18:18:40 OF THE SUBJECT SITE AND LIMITING ACCESS TO EAST SENECA
18:18:44 AVENUE DUE TO THE MOBILE HOMES DIRECTLY TO THE SOUTH.
18:18:47 THE PROPOSAL DOES CURRENTLY ADDRESS THOSE CONCERNS AND
18:18:50 DOES PROVIDE CROSS-ACCESS THROUGH THE ADJOINING PARCEL
18:18:56 TO THE WEST THUS DISCOURAGING TRAFFIC ON TO THAT EAST
18:18:57 SENECA AVENUE.
18:19:02 BASED ON THOSE CONSIDERATIONS AND THAT THE APPEAR DID
18:19:06 VERY RESPOND TO -- APPLICANT DID RESPOND TO PLANNING
18:19:07 COMMISSION CONCERNS.
18:19:11 THE PLANNING COMMISSION SAYS IT CONSISTENT WITH THE
18:19:12 IMAGINE 2040 COMPREHENSIVE PLAN.
18:19:15 >>GUIDO MANISCALCO: ANY QUESTIONS FROM COUNCILMEMBERS?
18:19:17 HEARING NONE.
18:19:18 MR. RYAN MANASSE.
18:19:19 >>RYAN MANASSE: THANK YOU, SIR.
18:19:23 LET ME SHOW MY SCREEN.
18:19:25 PLEASE LET ME KNOW IF YOU SEE -- IS IT ON?
18:19:28 >>GUIDO MANISCALCO: YES, SIR, WE DO.
18:19:32 >>RYAN MANASSE: THE APPLICANT ASKING THE SPECIAL USE
18:19:39 906 EAST SENECA FOR OFF-STREET COMMERCIAL PARKING.
18:19:43 PROVIDING -- OFF-STREET PARKING FOR THE OFFICE
18:19:47 WAREHOUSE USE AND A RESIDENTIAL RS-50 ZONING
18:19:51 DESIGNATION AND FUTURE LAND USE OF R-20 AS DAVID
18:19:51 POINTED OUT.
18:19:54 ALLOWING CONSIDERATION FOR THE SPECIAL USE ACTION.
18:20:01 THE SUBJECT PROPERTY IS .21 ACRE ON EAST SENECA AVENUE
18:20:03 AND NORTH NEBRASKA INTERSECTIONS.
18:20:07 THE SUBJECT APPLICATION PROPOSAL A TOTAL OF NINE -- I
18:20:09 AM SORRY EIGHT PARKING SPACES.
18:20:12 NINE ON-SITE PLAN, THAT IS A CORRECTION THAT WILL BE
18:20:13 BETWEEN FIRST AND SECOND READING.
18:20:16 THE PROPOSED DRIVEWAY WILL CONNECT TO THE PROPERTY TO
18:20:19 THE WEST WHICH IS ACCESS TO EAST SENECA AVENUE WHICH IS
18:20:20 A LOCAL ROAD.
18:20:24 COMMERCIAL USE WILL SERVE -- IS THE OFFICE USE AND THAT
18:20:28 IS ZONED PD, PLANNED DEVELOPMENT AND COMMERCIAL
18:20:31 INTENSIVE, CI, THAT IS TO THE WEST OF PROPERTY.
18:20:35 THE SITE IS BORDERED BY A DETACHED SINGLE FAMILY OF THE
18:20:39 NORTH AND EAST IN THE RS 20 ZONING DISTRICT.
18:20:45 TO THE PARK AND COMMERCIAL USE -- COMMERCIAL USE TO THE
18:20:47 SUBJECT SPECIAL USE WILL BE SERVING TO THE WEST IN THE
18:20:49 PD ZONING DISTRICT.
18:20:52 THE SITE PLAN THAT IS ON THE SCREEN SHOWS YOU THE
18:20:53 SUBJECT PROPERTY.
18:20:55 IT IS ACTUALLY OUTLINED IN GRAY.
18:20:58 THE PETITION BEFORE YOU IS FOR 906 EAST SENECA.
18:21:00 WHAT WE DO IS SHOW YOU THE PROPERTY THAT IS SERVING TO
18:21:01 THE WEST.
18:21:05 AND THAT IS OUTLINED IN THE CHECKERED DASHES.
18:21:08 AND IT IS IN THE WHITE AND THIS WILL ZOOM IN A LITTLE
18:21:11 MORE THE PARKING LAYOUT AND THE ACCESS INTO THE
18:21:14 EXISTING OFFICE USE WHICH IS THE EXISTING ACCESS ON TO
18:21:16 SENECA AVENUE.
18:21:21 CITY STAFF DID FIND THIS CONSISTENT.
18:21:26 THERE WERE NO HISTORICAL LANDMARK STRUCTURES OF THE
18:21:30 PROPERTY BOUNDARY OF 1,000 FEET AND REVISION SHEET
18:21:33 ATTACHED TO THE STAFF REPORT FOR YOUR REVIEW.
18:21:35 THESE MODIFICATIONS WOULD BE REQUIRED BETWEEN FIRST AND
18:21:36 SECOND READING.
18:21:40 SO TO -- IN CLOSING, THIS DEVELOPMENT REVIEW HAS
18:21:43 REVIEWED THE APPLICATION AND FIND IT CONSISTENT WITH
18:21:45 THE CITY OF TAMPA LAND DEVELOPMENT CODE.
18:21:48 SHOULD IT BE THE PLEASURE OF THE CITY COUNCIL TO GRANT
18:21:53 THE WAIVER AND REQUEST CONSISTENT, THE MODIFICATION
18:21:55 BETWEEN FIRST AND SECOND READING OF THE ORDINANCE.
18:21:59 A COUPLE OF PICTURES FROM THE SITE PLAN -- EXCUSE ME
18:22:03 THE AERIAL MAP AND DAVID HEY HAD A SIMILAR ONE.
18:22:08 THE AERIAL SITE IN THE RED CHECKER AND THE ACTUAL --
18:22:09 AND --
18:22:09 [INAUDIBLE]
18:23:33 -- ON SENECA.
18:23:38 >> AND NORTH AND EAST TO ALLOW A SIX-FOOT FINAL FENCE.
18:23:42 THIS IS THE SAME THAT WE ASK FOR IN THE PRIOR
18:23:43 2017APPROVAL.
18:23:45 WE ASK FOR YOUR APPROVAL AND MAKE THOSE CHANGES BETWEEN
18:23:47 FIRST AND SECOND READING.
18:23:48 HAPPY TO ANSWER ANY QUESTIONS.
18:23:50 >> DO YOU HAVE ANY QUESTIONS FOR THE PETITIONER FROM
18:23:52 ANY COUNCILMEMBERS?
18:23:54 >>JOSEPH CITRO: MR. CHAIRMAN, IF I MAY.
18:23:58 >>GUIDO MANISCALCO: COUNCILMAN CITRO, IF I MAY.
18:24:00 >>JOSEPH CITRO: MR. HORNER, WHAT IS THE HOURS OF THE
18:24:01 OPERATION OF THIS BUSINESS.
18:24:03 AND THE REASON WHY I ASK.
18:24:07 IF YOU ARE ASKING FOR WAIVERS -- REDUCTION OF THE
18:24:13 BUFFER, THIS BUSINESS -- IS IT GOING TO CLOSE DOWN AT
18:24:15 6:00 OR 7:00?
18:24:16 >> YES, SIR.
18:24:17 THESE ARE THE HOURS.
18:24:20 WE REACHED OUT TO THE NEIGHBORS SUPPORTING THIS ASK FOR
18:24:21 A NUMBER OF YEARS.
18:24:23 WE ARE LOOKING FORWARD TO GET THIS PARKING LOT IN
18:24:23 PLACE.
18:24:25 IT IS FOR THE EMPLOYEES.
18:24:28 WE ARE THERE FROM 6:30 IN THE MORNING UNTIL ABOUT 5:30
18:24:30 IN THE EVENING.
18:24:32 >>JOSEPH CITRO: I UNDERSTAND -- THANK YOU FOR
18:24:34 UNDERSTANDING MY QUESTION.
18:24:36 I WOULD RATHER NOT HAVE REDUCTION OF WAIVERS AND THIS
18:24:39 FENCE IF -- IF OPERATIONS OF THE BUSINESS WOULD BE
18:24:40 LASTING INTO THE EVENING.
18:24:43 THANK YOU, MR. CHAIR.
18:24:46 >>GUIDO MANISCALCO: ANY OTHER COUNCILMEMBERS HAVE
18:24:49 QUESTIONS AT THIS TIME?
18:24:51 I HEAR AND SEE NONE.
18:24:52 PUBLIC COMMENT.
18:24:54 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK
18:25:02 ON THIS ITEM WHICH IS 22 SU-20-07.
18:25:04 ANYBODY IN THE PUBLIC?
18:25:07 >>AILEEN ROSARIO: THIS IS AILEEN ROSARIO FROM PLANNING
18:25:07 AND DEVELOPMENT.
18:25:09 THERE IS NO ONE HERE TO SPEAK ON THIS ITEM.
18:25:11 THANK YOU.
18:25:13 >>GUIDO MANISCALCO: HEARING NO PUBLIC COMMENT.
18:25:15 DO WE HAVE A MOTION TO CLOSE?
18:25:17 >>CHARLIE MIRANDA: MOTION TO CLOSE.
18:25:20 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA IS
18:25:22 A SECOND FROM COUNCILMAN DINGFELDER.
18:25:23 ANY OBJECTION?
18:25:23 HEARING NONE.
18:25:27 THIS HEARING IS NOW CLOSED.
18:25:29 COUNCILMAN GUDES, WOULD YOU MIND READING ITEM NUMBER
18:25:33 22.
18:25:36 >>ORLANDO GUDES: YES, MR. CHAIRMAN.
18:25:41 FILE NUMBER SU 2-20-07.
18:25:45 PUBLIC HEARING ON APPLICATION MICHAEL D. HORNER
18:25:50 REQUESTING A SPECIAL USE-2 FOR COMMERCIAL OFF-STREET
18:25:54 PARKING -- SORRY.
18:25:58 BEING PRESENTED FOR FIRST READING, ORDINANCE OF SPECIAL
18:26:03 PERMIT ISSUE COMMERCIAL OFF-STREET PARKING IN AN RS-50
18:26:05 RESIDENTIAL SINGLE FAMILY ZONING DISTRICT IN THE
18:26:10 GENERAL VICINITY IN 906 EAST SENECA AVENUE, IN THE
18:26:12 CITY OF TAMPA, FLORIDA, AND AS MORE PARTICULARLY
18:26:16 DESCRIBED IN SECTION 1 HEREOF PROVIDING AN EFFECTIVE
18:26:17 DATE.
18:26:23 >>MARTIN SHELBY: MR. CHAIRMAN, COUNCILMEMBER GUDES,
18:26:28 THE CORRECTIONS OF FIRST AND SECOND READING.
18:26:29 >>ORLANDO GUDES: YES.
18:26:32 I HAD SMALLER PRINT ON THE SOUTHERN SIDE, THAT'S WHY I
18:26:34 DIDN'T SEE IT.
18:26:34 >>JOSEPH CITRO: SECOND.
18:26:40 >>GUIDO MANISCALCO: LET'S HAVE A ROLL CALL VOTE
18:26:40 PLEASE.
18:26:41 >>LUIS VIERA: YES.
18:26:47 >>ORLANDO GUDES: YES.
18:26:49 >>JOHN DINGFELDER: YES.
18:26:51 >>GUIDO MANISCALCO: YES.
18:26:54 >>BILL CARLSON: YES.
18:26:56 >>JOSEPH CITRO: YES.
18:26:58 >>CHARLIE MIRANDA: YES.
18:27:02 >> MOTION CARRIED SECOND READING AND ADOPTION WILL BE
18:27:06 HELD ON SEPTEMBER 24 AT 6 P.M.
18:27:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:27:09 WE ARE MOVING THROUGH THE AGENDA SO QUICKLY THAT I AM
18:27:10 WORRIED.
18:27:15 ITEM NUMBER 12.
18:27:18 MOTION TO OPEN ITEM 23.
18:27:20 >>CHARLIE MIRANDA: MOTION.
18:27:21 >>JOSEPH CITRO: SECOND.
18:27:23 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
18:27:25 SECOND FROM COUNCILMAN CITRO.
18:27:26 ANY OBJECTION?
18:27:28 BY UNANIMOUS CONCEPT.
18:27:31 PETITION IS OPEN.
18:27:36 PETITIONER, PARTICIPANTS TAKING PLACE IN FILE NO. RE
18:27:40 Z-20-42.
18:27:44 UNMUTE YOURSELF AND TURN ON YOUR CAMERA SO WE CAN SWEAR
18:27:44 YOU IN.
18:27:46 >>MARTIN SHELBY: THE PETITIONER IS SIGNED IN TO THE
18:27:47 MEETING.
18:27:50 I AM NOT ABLE TO MOVE HIM OVER AS A PANELIST FOR SOME
18:27:51 REASON.
18:27:57 I WILL NEED TO CONTACT -- AND ASK FOR THEIR ASSISTANCE.
18:28:00 >>GUIDO MANISCALCO: COUNCILMEMBERS, WHAT SHOULD WE DO?
18:28:04 WAIT A FEW ITEMS FOR ITEM NUMBER 23 AND ITEM NUMBER 20.
18:28:07 REMEMBER THAT ITEM NUMBER 20 HAVE FOUR REGISTERED
18:28:08 SPEAKERS.
18:28:09 >>MARTIN SHELBY: NEVER MIND.
18:28:12 HE IS ON THE SCREEN NOW.
18:28:13 >>GUIDO MANISCALCO: NEVER MIND.
18:28:15 ITEM NUMBER 23.
18:28:19 GO AHEAD.
18:28:22 >>CLERK: PLEASE RAISE YOUR RIGHT HAPPENED.
18:28:25 DO YOU SWEAR OR AFFIRM THAT YOU WILL TELL THE TRUTH,
18:28:29 THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.
18:28:31 >> I DO.
18:28:34 >>CLERK: THE CLERK'S OFFICE HAVE NOT RECEIVED ANY
18:28:35 COMMENTS ON THIS ITEM.
18:28:39 >>RYAN MANASSE: RYAN MANASSE, PLANNING DEVELOPMENT.
18:28:46 PROPERTY LOCATE AT 20910 WEST FRIERSON AVENUE.
18:28:51 PD FROM RESIDENTIAL MULTIFAMILY TO RS-50 RESIDENTIAL
18:28:53 SINGLE FAMILY.
18:28:58 I WILL DEFER TO DAVID HEY AND THEN MRS. RETURN TO ME.
18:29:00 >>DAVID HEY: DAVID HEY, PLANNING COMMISSION STAFF.
18:29:03 YOU SHOULD BE SEEING MY SCREEN, HOPEFULLY?
18:29:10 YES.
18:29:12 >> YES, WE CAN SEE YOUR SCREEN.
18:29:13 >>DAVID HEY: THANK YOU VERY MUCH.
18:29:16 WE MOVED DOWN TO THE CENTRAL TAMPA PLANNING DISTRICT
18:29:20 FOR THIS CASE, MORE SPECIFICALLY THE PLAZA TERRACE
18:29:20 NEIGHBORHOOD.
18:29:26 THE CLOSEST PUBLIC RECREATIONAL FACILITY IS WELLS WOOD
18:29:29 PARK LOCATED APPROXIMATELY ONE MILE OF EAST OF THE
18:29:30 SUBJECT SITE.
18:29:34 TRANSIT SERVICE IS PROVIDED FROM THE NORTH OF THE
18:29:36 SUBJECT SITE AT THE CORNER OF WEST HILLSBOROUGH AVENUE
18:29:38 AND NORTH HABANA AVENUE.
18:29:41 AND THE SUBJECT SITE IS NOT LOCATED WITHIN AN
18:29:44 EVACUATION ZONE.
18:29:47 HERE WE HAVE THE AERIAL.
18:29:51 YOU CAN SEE THIS IS THE SUBJECT SITE.
18:29:56 WE HAVE GOT, YOU KNOW, MULTIFAMILY TO THE EAST OF THE
18:29:57 SUBJECT SITE.
18:30:02 THERE IS ALSO COMMERCIAL LOCATED FURTHER THE NORTH UP
18:30:04 ON HILLSBOROUGH AND SOME ON HABANA.
18:30:09 AND THEN AS YOU MOVE WESTWARD, THE PREDOMINANT PATTERN
18:30:14 IS SINGLE FAMILY DETACHED.
18:30:17 HERE WE HAVE THE FUTURE LAND USE MAP.
18:30:22 THIS SITE HAS TWO FUTURE LAND USE DESIGNATIONS.
18:30:28 APPROXIMATELY .06 ACRES OF THE WESTERN PIECE IS THAT
18:30:29 RESIDENTIAL 10.
18:30:32 THAT IS THE TAN COLOR HERE.
18:30:37 AND THEN THE DARK BROWN, WHICH MAKES UP ROUGHLY .12
18:30:44 ACRES, THAT IS THE RESIDENTIAL 35, WHICH GOES DOWN
18:30:45 HABANA.
18:30:49 AND THEN TO THE NORTH, THERE IS THAT COMMUNITY MIXED
18:30:56 USE 35 REPRESENTED BY THE KIND OF PINKISH COLOR.
18:30:59 THE APPLICANT IS REQUESTING TO REZONE FROM THAT PLANNED
18:31:03 DEVELOPMENT THAT ALLOWED MULTIFAMILY TO THE RESIDENTIAL
18:31:08 SINGLE FAMILY 50 ZONING DISTRICT, THE SURROUNDING AREA
18:31:11 IS CHARACTERIZED BY A MIXTURE OF RESIDENTIAL DWELLINGS
18:31:16 DEVELOPED AT VARYING DENSITIES WITH THE UNDERLYING
18:31:20 FUTURE LAND USE CATEGORIES.
18:31:23 MULTIFAMILY DEVELOPMENT IS LOCATED DIRECTLY TO THE EAST
18:31:28 AND SINGLE FAMILY DETACHED TO THE WEST.
18:31:31 ALSO, THE PARCEL IS LOCATED TO THE BEST OF THE SITE
18:31:37 ALONG THE FRIERSON AVENUE ARE ALREADY ZONED THE RS-50.
18:31:40 THE REQUEST WOULD NOT BE OUT OF CHARACTER WITH THE
18:31:40 SURROUNDING NEIGHBORHOOD.
18:31:45 AND THE COMPREHENSIVE PLAN SUPPORTS THE PROTECTION OF
18:31:48 SINGLE FAMILY AREAS AS WELL AS PROVIDING ENOUGH HOUSING
18:31:52 FOR TAMPA'S SHARE OF THE REGIONAL HOUSE HOLD GROWTH.
18:31:55 THE SUBJECT IS WITHIN AN ESTABLISHED RESIDENTIAL
18:31:57 NEIGHBORHOOD WITH ACCESS TO OPEN SPACE AND
18:31:58 TRANSPORTATION OPTIONS.
18:32:01 THE PROPOSED REZONING IS COMPATIBLE WITH THE
18:32:04 SURROUNDING USES AND FURTHERS MANY OF THE POLICIES AND
18:32:08 OBJECTIVES OF THE COMPREHENSIVE HEN SIEVE PLAN.
18:32:10 BASE AND THAT, THE PLANNING COMMISSION STAFF RECOMMENDS
18:32:13 TO YOU THIS EVENING THAT THE REZONING BE FOUND
18:32:15 CONSISTENT WITH THE PROVISIONS OF THE IMAGINE 2040
18:32:17 TAMPA COMPREHENSIVE PLAN.
18:32:18 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:32:20 ANY QUESTIONS?
18:32:22 COUNCILMAN DINGFELDER, YES, SIR.
18:32:23 >>JOHN DINGFELDER: QUICK QUESTION.
18:32:27 DAVID, CAN YOU PUT THAT BACK UP FOR A SECOND?
18:32:28 >>DAVID HEY: WITH THE SCREEN?
18:32:33 >>JOHN DINGFELDER: THE MAP.
18:32:35 >>DAVID HEY: CAN YOU SEE IT?
18:32:35 >>JOHN DINGFELDER: YES.
18:32:37 I THINK YOU MIGHT HAVE MENTIONED IT BUT I DIDN'T
18:32:38 UNDERSTAND IT COMPLETELY.
18:32:43 THE SUBJECTED LOT IS ACTUALLY SPLIT BETWEEN TWO COMP
18:32:48 PLAN DESIGNATIONS?
18:32:50 >>DAVID HEY: YES, THIS BROWN, THIS LINE --
18:32:53 >>JOHN DINGFELDER: HOW DID THAT HAPPEN?
18:32:55 >>DAVID HEY: THAT -- THERE ARE A LOT OF PARCELS IN THE
18:32:57 CITY THAT HAD THAT.
18:33:00 REMEMBER WHEN THEY DREW THE LINES ORIGINALLY, THE CITY
18:33:02 HAD A FLEX PROVISION.
18:33:07 SO LINES COULD BE DRAWN, AND YOU WILL SEE A LOT OF THEM
18:33:10 ARE ALREADY USUALLY STRAIGHT, BECAUSE WHEN THEY WERE
18:33:15 ORIGINALLY DRAWN, APPLICANTS COULDN'T REQUEST A FLEX TO
18:33:18 MOVE THE LINE TO COVER.
18:33:22 THE CITY -- A PREVIOUS CITY COUNCIL REMOVED THAT OPTION
18:33:25 OUT OF THE COMPREHENSIVE PLAN, SO YOU HAVE -- YOU HAVE
18:33:29 THESE LOTS THAT ARE SPLIT.
18:33:33 USUALLY HOW APPLICANTS NOW IF THEY CHOOSE TO RECTIFY
18:33:36 THAT SITUATION, THEY HAVE TO GO THROUGH A PLAN
18:33:39 AMENDMENT PROCESS.
18:33:40 >>JOHN DINGFELDER: WOW.
18:33:41 OKAY, THANK YOU.
18:33:43 >>DAVID HEY: SURE.
18:33:45 >>GUIDO MANISCALCO: ANY OTHER COUNCILMEMBERS WITH
18:33:45 QUESTIONS?
18:33:47 SEEING NONE.
18:33:48 MR. RYAN MANASSE.
18:33:52 >>RYAN MANASSE: MR. CREW, CAN I PLEASE SHOW MY SCREEN?
18:33:55 PLEASE LET ME KNOW IF YOU SEE MY POWERPOINT.
18:33:56 EXCELLENT.
18:34:00 ITEM -- RYAN MANASSE, PLANNING AND DEVELOPMENT
18:34:00 CORPORATION.
18:34:07 ITEM NUMBER 23, REZ-20-42.
18:34:11 2910 WEST FRIERSON AVENUE FROM PD PLANNED DEVELOPMENT
18:34:17 CURRENTLY MULTIFAMILY TO RS-50 RESIDENTIAL SINGLE
18:34:17 FAMILY.
18:34:23 THE PROPERTY 75 X 104 TO ARE .1 ACRES.
18:34:26 THE APPLICANT IS PROPOSING ONE ZONING LOT.
18:34:30 THE PROPERTY IS CURRENTLY VACANT AND THE PD WAS NEVER
18:34:31 DEVELOPED.
18:34:35 LOCATED THREE LOTS TO THE WEST OF WEST FRIERSON AVENUE
18:34:37 AND NORTH HABANA STREET INTERSECTION.
18:34:41 IT IS SURROUNDED BY DETACHED SINGLE FAMILY AND
18:34:46 MULTIFAMILY IN THE RM-24 ZONING DISTRICT DETACHED TO
18:34:51 THE SOUTH AND RS-50 AND RM-24 ZONING DISTRICT AND RM-24
18:34:54 IN THE ZONING DISTRICT AND DETACHED SINGLE USE IN THE
18:34:57 RS-50 ZONING DISTRICT.
18:35:01 OBVIOUSLY WITH THIS EUCLIDIAN REZONING, NO WAIVERS ARE
18:35:05 ALLOWED TO BE REQUESTED AND APPROVED AND MUST ADHERE TO
18:35:08 CITY OF TAMPA LAND DEVELOPMENT REGULATION AT TIMES OF
18:35:09 PERMITTING.
18:35:14 ON THE IS THE AERIAL, SUBJECT SITE LITTLE DIFFERENT
18:35:17 THAN DAVID'S AND OUTLINED IN RED AND NO HISTORIC
18:35:22 LANDMARK OR LOCAL STRUCTURES WITHIN THE 1,000 FEET
18:35:24 BUFFER OF THIS PROPERTY.
18:35:28 LIKE TO SHOW YOU SOME PICTURES OF THE SUBJECT SITE,
18:35:34 2910 WEST FRIERSON AVENUE AND 2912 WEST FRIERSON
18:35:34 AVENUE.
18:35:36 SINGLE FAMILY DETACHED.
18:35:42 NORTH NEIGHBOR 2913, AND MULTIFAMILY AT 2911 WEST
18:35:44 FRIERSON.
18:35:48 EAST NEIGHBOR IS THE HOLIDAY OAKS, MULTIFAMILY AND
18:35:52 PICTURE ON THE RIGHT EAST FRIERSON.
18:35:55 TOWARD HABANA MULTIFAMILY AND COMMERCIAL USES.
18:35:58 AND LOOKING WEST ON WEST.
18:36:51 YOU WILL SEE.
18:36:55 >> AND --
18:36:57 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME BEFORE YOU
18:36:58 BEGIN.
18:36:59 >> MY NAME?
18:37:02 >>GUIDO MANISCALCO: YES.
18:37:05 >> MANNY PEREZ.
18:37:05 >>GUIDO MANISCALCO: GO AHEAD.
18:37:08 YOU MAY BEGIN YOUR PRESENTATION.
18:37:16 >> HOLD ON ONE SECOND, I DON'T SPEAK ENGLISH VERY WELL.
18:37:18 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME.
18:37:23 >> ILENES PEREZ.
18:37:25 >>GUIDO MANISCALCO: GO AHEAD.
18:37:27 >> HE DOESN'T HAVE ANYTHING TO ADD.
18:37:30 >>GUIDO MANISCALCO: ANY QUESTIONS FROM COUNCILMEMBERS?
18:37:31 ALL RIGHT.
18:37:34 IS THERE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
18:37:42 ITEM NUMBER REZ 20-42?
18:37:46 >> THIS IS AILEEN ROSARIO FROM PLANNING AND DEVELOPMENT
18:37:48 AND NO ONE HERE TO SPEAK ON THIS ITEM.
18:37:49 THANK YOU.
18:37:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:37:52 ANY OTHER QUESTIONS FROM COUNCILMEMBERS?
18:37:54 ANYTHING?
18:37:56 >>JOHN DINGFELDER: MOVE TO CLOSE.
18:37:58 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN
18:37:59 DINGFELDER.
18:38:03 SECOND FROM COMMENDATION GUDES.
18:38:04 ANY OBJECTION?
18:38:05 BY UNANIMOUS CONSENT.
18:38:10 ITEM NUMBER 23 IS CLOSED.
18:38:12 I FORGET TO READ THE LAST ITEM.
18:38:15 WAS COUNCILMAN VIERA WHO READ THE LAST ITEM?
18:38:20 WOULD YOU LIKE TO READ IT IN YOU ARE NEXT?
18:38:24 >> THANK YOU, MR. CHAIR, CONSIDERATION OF REZONING
18:38:30 PROPERTY IN THE GENERAL VICINITY OF 2910 WEST FRIERSON
18:38:32 AVENUE IN THE CITY OF TAMPA, FLORIDA, AND MORE
18:38:35 PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING,
18:38:38 DISTRICT CLASSIFICATION, PD PLANNED DEVELOPMENT
18:38:42 RESIDENTIAL MULTIFAMILY TO RS-50 RESIDENTIAL SINGLE
18:38:45 FAMILY PROVIDING AN EFFECTIVE DATE.
18:38:49 MAN MANISCALCO SECOND BY COUNCILMAN MIRANDA.
18:38:50 >>LUIS VIERA: YES.
18:38:51 >>ORLANDO GUDES: YES.
18:38:53 >>JOHN DINGFELDER: YES.
18:38:55 >>GUIDO MANISCALCO: YES.
18:38:58 >>BILL CARLSON: YES.
18:39:00 >>JOSEPH CITRO: YES.
18:39:02 >>CHARLIE MIRANDA: YES.
18:39:04 >>CLERK: MOTION CARRIED.
18:39:06 SECOND READING AND ADOPTION WILL BE HELD SEPTEMBER 24
18:39:08 AT 6 P.M.
18:39:10 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:39:13 WE JUST WENT THROUGH 20 ITEMS IN LESS THAN TWO HOURS.
18:39:15 THIS IS 2020.
18:39:16 IT CAN'T THAT BE EASY.
18:39:23 SO WE GO TO THE LAST ITEM OF THE NIGHT BEFORE 7:00.
18:39:25 ITEM NUMBER 20.
18:39:31 A MOTION TO OPEN ITEM NUMBER 20.
18:39:32 FROM COUNCILMAN MIRANDA.
18:39:34 SECOND FROM COUNCILMAN GUDES.
18:39:35 ANY OBJECTION?
18:39:38 BY UNANIMOUS CONSENT, ITEM NUMBER 20 IS OPEN.
18:39:42 ANYONE WHO WISHES TO SPEAK ON THIS ITEM, PETITIONER,
18:39:45 ANYBODY, WHOMEVER IT IS PLEASE TURN YOUR CAMERAS AND
18:39:50 YOUR MICROPHONES AND BE SWORN IN.
18:39:54 >>CLERK: RAISE YOUR RIGHT HAND.
18:39:56 DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
18:39:58 WHOLE TRUTH AND NOTHING BUT THE TRUTH.
18:40:01 >>MARY SAMANIEGO: YES --
18:40:03 >>CLERK: WE DID NOT RECEIVE ANY WRITTEN COMMENT.
18:40:07 AS WE MENTIONED EARLIER WE RECEIVED FOUR SPEAKERS --
18:40:09 REGISTERED SPEAKERS.
18:40:11 >> MR. CHAIR, IF I MAY.
18:40:12 >>GUIDO MANISCALCO: YES, SIR.
18:40:18 >> MY SON IS BEING DROPPED OFF AT THE HOUSE IN ABOUT
18:40:20 FIVE OR TEN MINUTES AND I WILL HAVE TO SLIP AWAY FOR
18:40:22 FIVE MINUTES WHILE CONTINUING TO HEAR IT.
18:40:24 YOU WON'T BE ABLE TO SEE ME.
18:40:29 IT WILL TAKE FIVE MINUTES WHENEVER I DISAPPEAR BUT I
18:40:30 WILL BE RIGHT BACK.
18:40:31 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
18:40:31 THE CLERK HAS SPOKEN.
18:40:32 CITY STAFF.
18:40:33 COUNCILMAN DINGFELDER.
18:40:34 >>JOHN DINGFELDER: YEAH, IT LOOKS LIKE MR. RUIZ IS STILL ON.
18:40:37 I JUST WANTED THEM TO BE AWARE --
18:40:41 >>GUIDO MANISCALCO: MR. RUIZ, IF YOU COULD TURN YOUR CAMERA
18:40:43 OFF.
18:40:47 ALL RIGHT.
18:40:49 OKAY.
18:40:52 VERY GOOD.
18:40:57 >>JOHN DINGFELDER: AT LEAST FOR FIRST READING.
18:40:59 THEY HAVE TO COME BACK FOR SECOND READING.
18:41:00 >>GUIDO MANISCALCO: YEAH, THEY ARE GOOD FOR TONIGHT.
18:41:03 ALL RIGHT.
18:41:03 CITY STAFF, WHOEVER WISHES TO SPEAK ON THIS, GO AHEAD WITH
18:41:07 ITEM NUMBER 20.
18:41:08 >> THANK YOU MR. CHAIR, COUNCIL.
18:41:11 SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT.
18:41:13 THIS ITEM IS BEFORE COUNCIL THIS EVENING BASED ON A DEMAND
18:41:15 FOR RELEASE FILED BY THE APPLICANT PURSUANT TO SECTION 70.51
18:41:19 FLORIDA STATUTES OTHERWISE KNOWN AS THE FLORIDA LAND USE AND
18:41:23 ENVIRONMENTAL DISPUTE RESOLUTION ACT.
18:41:25 AT YOUR NOVEMBER 14, 2019 MEETING, CITY COUNCIL DENIED
18:41:30 REZONING APPLICATION NUMBER REZ 19-77 FOR PROPERTY LOCATED
18:41:34 AT 5105 WEST TYSON AVENUE.
18:41:38 THE APPLICATION REQUESTED A REZONING FROM IG, INDUSTRIAL
18:41:42 GENERAL, TO PLAN -- TO PD, PLANNED DEVELOPMENT IN ORDER TO
18:41:46 DEVELOP A MULTIFAMILY PROJECT CONTAINING 358 DWELLING UNITS
18:41:50 WITHIN 13 BUILDINGS AND A FOUR-STORY PARKING GARAGE ON 11.93
18:41:55 ACRES.
18:41:56 THE DEMAND WAS ORIGINALLY FILED WITH THE CITY ON DECEMBER 6,
18:42:00 2019.
18:42:01 IN THE DEMAND, CLAIMS FOR DAMAGES UNDER THE BERT HARRIS
18:42:07 JUNIOR ACT.
18:42:08 THEY REQUESTED RELIEF UNDER SECTION 163.3215 FLORIDA
18:42:13 STATUTES, ALSO RELIEF UNDER SECTION 42 USC SECTION 1983 THE
18:42:21 FEDERAL CIVIL RIGHTS ACT AND ALSO REQUESTED RELIEF UNDER THE
18:42:24 EQUAL PROTECTION CLAUSE OF THE 14th AMENDMENT TO THE U.S.
18:42:27 CONSTITUTION.
18:42:29 FINALLY, THEY REQUEST RELIEF UNDER THIS STATUTE 7051 FLORIDA
18:42:34 STATUTES.
18:42:35 AS MY OFFICE EXPLAINED IN OUR MEMO TO YOU SUMMARIZING THIS
18:42:38 MATTER, THE DEMAND IS AN ADMINISTRATIVE PROCEEDING WHICH
18:42:41 INVOLVES A TWO-STEP PROCESS WHICH I WILL DESCRIBE TO YOU IN
18:42:44 A MOMENT.
18:42:45 IN ADDITION TO THE DEMAND -- THE CITY WITH ANOTHER SEPARATE
18:42:50 LEGAL ACTION, A PETITION FOR WRIT OF CERTIORARI AND A
18:42:54 COMPLAINT SEEKING DECLARATORY RELIEF, INJUNCTIVE RELIEF AND
18:42:58 DAMAGES RELATING TO THE DENIAL OF THE APPLICATION.
18:43:01 THE PETITION, WHICH IS A LAWSUIT FILED IN CIRCUIT COURT
18:43:05 SOUGHT THREE SEPARATE THINGS.
18:43:06 NUMBER ONE, QUASH CITY COUNCIL DECISION TO DENY THE
18:43:09 APPLICATION, ASSERTING THAT THE DECISION WAS NOT SUPPORTED
18:43:12 BY COMPETENT, SUBSTANTIAL EVIDENCE AND DEPARTED FROM THE
18:43:16 ESSENTIAL REQUIREMENTS OF LAW.
18:43:17 SECONDLY, THE LAWSUIT SEEKS A DECLARATORY JUDGMENT UNDER
18:43:22 SECTION 163.3215 FLORIDA STATUTES, THAT THE DENIAL OF THE
18:43:28 APPLICATION WAS INCONSISTENT WITH THE CITY'S COMPREHENSIVE
18:43:30 PLAN TOGETHER WITH AN INJUNCTION, DAMAGES, ATTORNEYS' FEES,
18:43:34 COSTS AND INTEREST.
18:43:36 AND FINALLY, THE LAWSUIT SEEKS DAMAGES, ATTORNEYS' FEES,
18:43:40 COSTS AND INTEREST UNDER 42 USC SECTION 1983 CLAIMING A
18:43:46 VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE 14th
18:43:48 AMENDMENT TO THE U.S. CONSTITUTION.
18:43:49 -- HAS NOT INDICATED THE AMOUNT OF DAMAGES THEY ARE SEEKING
18:43:55 OTHER THAN TO ALLEGE DAMAGES IN EXCESS OF THE JURISDICTIONAL
18:43:58 AMOUNT OF $15,000.
18:43:59 THE LAWSUIT IS CURRENTLY STAYED, MEANING IT'S ON HOLD,
18:44:04 PENDING THE CONCLUSION OF THE ADMINISTRATIVE PROCEEDING
18:44:07 UNDER SECTION 7051 FLORIDA STATUTES.
18:44:10 RETURNING -- WE'RE TURNING YOUR ATTENTION TO THE
18:44:13 ADMINISTRATIVE PROCEEDINGS UNDER SECTION 7051, THE FIRST
18:44:16 STEP REQUIRES THAT A SPECIAL MAGISTRATE CONDUCT AN INFORMAL
18:44:20 MEDIATION DURING THE CITY AND THE APPLICANT CONSIDER
18:44:24 ALTERNATIVE DEVELOPMENTS RESPONSIVE TO COUNCIL'S DECISION TO
18:44:28 DENY THE APPLICATION.
18:44:29 IN THIS CASE, THE SPECIAL MAGISTRATE CONDUCTED TWO INFORMAL
18:44:33 MEDIATION SESSIONS.
18:44:34 THE FIRST WAS HELD ON FEBRUARY 25th, 2020, AND THE SECOND
18:44:38 WAS ON JUNE 23rd, 2020.
18:44:41 THE CITY DID NOT AGREE TO THE PROPOSAL OFFERED AT THE FIRST
18:44:45 MEDIATION SESSION.
18:44:47 BETWEEN THOSE TWO MEDIATION DATES -- CONTINUED TO OFFER
18:44:50 SEVERAL VARIATIONS AND THE SPECIAL MAGISTRATE CONTINUED TO
18:44:53 WORK WITH THE PARTIES IN AN EFFORT TO COME UP WITH A MORE
18:44:56 APPROPRIATE SITE PLAN.
18:44:57 WHEN WE WERE ABLE TO RECONVENE AT THE SECOND MEDIATION
18:45:00 SESSION IN JUNE, FURTHER NEGOTIATIONS RESULTED IN THE
18:45:04 SETTLEMENT PROPOSAL THAT IS BEFORE YOU THIS EVENING.
18:45:06 TONIGHT'S HEARING IS PART OF THE FIRST STEP OF THE
18:45:10 ADMINISTRATIVE PROCESS AND REQUIRES CITY COUNCIL TO CONSIDER
18:45:13 THE MODIFICATION AS A PROPOSED SETTLEMENT AND AS DEPICTED ON
18:45:18 THE REVISED SITE PLAN.
18:45:20 HOWEVER THE REVISED SITE PLAN MUST MEET ALL THE CITY'S LAND
18:45:23 DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN REQUIREMENTS.
18:45:25 IF CITY COUNCIL REJECTS THE MEDIATED RESOLUTION, THE PROCESS
18:45:30 WILL RETURN TO THE SPECIAL MAGISTRATE TO HOLD A SEPARATE
18:45:34 HEARING TO CONSIDER THE FACTS AND CIRCUMSTANCES SET FORTH IN
18:45:37 THE DEMAND AND ANY OTHER INFORMATION TO DETERMINE WHETHER
18:45:42 CITY COUNCIL NOVEMBER 2019 DENIAL OF THE APPLICATION IS
18:45:46 UNREASONABLE OR UNFAIRLY BURDENS THE PROPERTY.
18:45:50 DURING THE FINAL MEDIATION SESSION ON JUNE 23rd, THE
18:45:54 APPLICANT PRESENTED A PROPOSAL INTENDED TO ADDRESS THE BASIS
18:45:57 FOR DENIAL.
18:45:59 COMMENTS WERE RECEIVED FROM THOSE MEMBERS OF THE PUBLIC WHO
18:46:01 WERE ELECTED TO PARTICIPATE AND ALSO FROM CITY
18:46:04 REPRESENTATIVES.
18:46:05 AT THE CONCLUSION OF THAT MEDIATION SESSION, THE CITY, THE
18:46:08 APPLICANT AND SPECIAL MAGISTRATE FELT THAT ENOUGH PROGRESS
18:46:13 HAD BEEN MADE AND WE AGREED TO COOPERATE IN FINALIZING THE
18:46:16 SITE PLAN THAT IS BEFORE YOU THIS EVENING.
18:46:17 THE APPLICANT FILED A REVISED SITE PLAN ON JULY 16, 2020,
18:46:22 INCLUDING PROPOSED CONDITIONS OF APPROVAL.
18:46:24 THE SPECIAL MAGISTRATE BY ORDER ISSUED ON JUNE 29, 2020,
18:46:29 RECOMMENDS THAT CITY COUNCIL ACCEPT THIS PROPOSAL.
18:46:33 THE PROJECT BEFORE YOU IS DIFFERENT THAN WHAT WAS DENIED
18:46:36 LAST NOVEMBER.
18:46:37 THE ORIGINAL SITE PLAN WHICH WAS PRESENTED TO YOU LAST
18:46:40 NOVEMBER PROPOSED 358 UNITS IN 13 BUILDINGS AND A FOUR-STORY
18:46:45 PARKING GARAGE.
18:46:46 IN ADDITION, THE PREVIOUS SITE PLAN REQUESTED TWO SEPARATE
18:46:50 WAIVERS INCLUDING A REQUEST TO REDUCE THE REQUIRED NUMBER OF
18:46:52 LOADING BERTHS FROM 5 TO 0 AND TO ALLOW GROUND FLOOR
18:46:57 ENTRANCES, THAT MEANS FRONT DOORS, OF BUILDINGS ONE THROUGH
18:47:01 EIGHT TO FACE AN INTERNAL DRIVE AISLE AND NOT A STREET
18:47:04 RIGHT-OF-WAY.
18:47:05 THOSE TWO WAIVERS, HOWEVER, REQUESTS WERE NOT SIGNIFICANT IN
18:47:09 TERMS OF CITY COUNCIL'S DISCUSSION ON THE ORIGINAL
18:47:11 APPLICATION OR ON THE DENIAL.
18:47:13 THE DENIAL WAS BASED IN PART ON THE APPLICANT'S FAILURE TO
18:47:17 MEET ITS BURDEN OF PROOF, ESTABLISHING COMPLIANCE WITH THE
18:47:21 COASTAL MANAGEMENT ELEMENT OBJECTIVE 1.2, WHICH REQUIRES THE
18:47:25 MAINTENANCE AND REDUCTION OF HURRICANE EVACUATION --
18:47:30 THE SITE PLAN FOR YOUR CONSIDERATION THIS EVENING PROPOSES A
18:47:35 TOTAL OF 325 MULTIFAMILY DWELLING UNITS, SO THAT'S A
18:47:39 REDUCTION OF OVER 30 DWELLING UNITS, LOCATED WITHIN 11
18:47:43 BUILDINGS AND A FOUR-STORY PARKING GARAGE.
18:47:46 IN ADDITION, THE DEVELOPER HAS AGREED TO SEVERAL ADDITIONAL
18:47:51 CONDITIONS WHICH ARE INCLUDED ON THE SPECIAL MAGISTRATE'S
18:47:54 RECOMMENDATION THAT IS PART OF YOUR AGENDA PACKET AT PAGES 2
18:47:59 AND 3.
18:48:00 I'LL GO OVER THEM VERY BRIEFLY.
18:48:02 FIRST, AT THE TIME OF APPROVAL OF A BUILDING PERMIT, THE
18:48:07 OWNER OF THE REDESIGN PROJECT, SHOULD YOU APPROVE IT, SHALL
18:48:11 CONTRIBUTE $250,000.
18:48:14 THAT IS A QUARTER OF A MILLION DOLLARS TO THE CITY OF TAMPA
18:48:17 TO BE UTILIZED FOR THE DESIGN AND/OR IMPROVEMENT OF TYSON
18:48:21 AVENUE BETWEEN ITS INTERSECTION WITH WESTSHORE BOULEVARD AND
18:48:23 THE WESTERNMOST LIMIT OF THE SUBJECT PROPERTY.
18:48:28 SECOND, THE OWNER AT THE TIME OF ANY CERTIFICATES OF
18:48:33 OCCUPANCY WILL ENTER INTO A CONTRACT WITH A PRIVATE
18:48:38 TRANSPORTATION SERVICE TO PROVIDE PRIVATE EVACUATION SERVICE
18:48:41 IN THE EVENT OF A HURRICANE OR SIMILAR THREATENING, FLOODING
18:48:44 OR WIND EVENT WHEN AN EVACUATION ORDER IS ENTERED.
18:48:48 THIS OBLIGATION WILL LAND WITH THE RUN AND OBLIGATE ANY
18:48:51 SUBSEQUENT OWNER.
18:48:52 THIRD, THE OWNER AT THE TIME OF OCCUPATION OF THIS PROPERTY
18:48:57 AGREES TO PROVIDE TO THE EVENTUAL OCCUPANTS ON-SITE
18:49:03 EVACUATION INFORMATION AND GUIDANCE REGARDING EVACUATION
18:49:06 ROUTES, PLANS, THE EXISTENCE AND AVAILABILITY OF THE PRIVATE
18:49:11 EVACUATION SERVICE AND THE FACT THAT THE UNITS ARE LOCATED
18:49:15 WITHIN THE COASTAL HIGH HAZARD AREA AT THE TIME THEY MOVE
18:49:18 INTO THE UNIT.
18:49:18 THIS OBLIGATION WILL ALSO RUN WITH THE LAND AND OBLIGATE ANY
18:49:22 SUBSEQUENT OWNER OF THE PROPERTY.
18:49:25 FOURTH, THE OWNER AGREES TO MAKE THE REQUIRED HURRICANE
18:49:29 SHELTER MITIGATION PAYMENT AT THE TIME AND AS REQUIRED BY
18:49:32 THE COMPREHENSIVE PLAN AND CITY CODE.
18:49:34 FINALLY, THE OWNER AGREES TO MAKE THE TRANSPORTATION
18:49:37 CONCURRENCY EXCEPTION AREA PAYMENT AT THE TIME AND AS
18:49:40 REQUIRED BY THE CODE.
18:49:43 IF THE REVISED SITE PLAN IS APPROVED THIS EVENING, I WOULD
18:49:45 ASK THAT THE PROPOSED CONDITIONS BE ADDED BETWEEN FIRST AND
18:49:48 SECOND READING.
18:49:49 TONIGHT, COUNCIL MEMBERS, I HAVE SPECIAL MAGISTRATE SCOTT
18:49:55 STEADY TO BE AVAILABLE.
18:49:56 HE WILL MAKE BRIEF REMARKS ON THE 7051 PROCESS WE FOLLOWED
18:50:02 AND STAFF WILL MAKE A PRESENTATION ON THE PROJECT, INCLUDING
18:50:04 THE CHANGES BEING PROPOSED AS PART OF THE MEDIATION.
18:50:07 SUPPLEMENTAL STAFF REPORTS PREPARED BY THE CITY AND BY THE
18:50:10 PLANNING COMMISSION HAVE BEEN UPDATED TO REFLECT THE CHANGES
18:50:12 PROPOSED BY THE REVISED SITE PLAN.
18:50:14 THE APPLICANT WILL ALSO MAKE A PRESENTATION TO YOU ON THE
18:50:17 PROJECT AND WILL HAVE TO JUSTIFY THE WAIVERS THAT THEY ARE
18:50:20 ASKING FOR, AS WELL AS THEIR COMPLIANCE WITH THE LAND
18:50:22 DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN.
18:50:26 COUNCIL MEMBERS, IN A REGULAR REZONING HEARING, LIKE ALL OF
18:50:29 THE OTHER HEARINGS YOU HAVE HAD THIS EVENING, YOU WOULD BE
18:50:32 LOOKING AT SOLELY WHETHER THE APPLICANT HAS DEMONSTRATED BY
18:50:35 SUBSTANTIAL, COMPETENT EVIDENCE THAT THE PROJECT MEETS THE
18:50:39 CITY'S REGULATIONS AND IS CONSISTENT WITH THE COMPREHENSIVE
18:50:41 PLAN.
18:50:43 BUT, BECAUSE THIS IS A SETTLEMENT PROPOSAL, THERE ARE OTHER
18:50:46 FACTORS THAT COUNCIL MUST TAKE INTO CONSIDERATION.
18:50:50 RECALL THAT I MENTIONED THE LAWSUIT THAT IS CURRENTLY
18:50:53 PENDING BUT ON HOLD IN HILLSBOROUGH COUNTY CIRCUIT COURT.
18:50:57 SO SEVERAL -- IN THAT LAWSUIT INCLUDE DAMAGES CLAIM.
18:51:03 SO COUNCIL SHOULD ALSO CONSIDER IN CONSIDERING THE
18:51:07 SETTLEMENT PROPOSAL, THE CITY'S EXPOSURE TO UNKNOWN AND
18:51:10 UNKNOWN DAMAGES CLAIM AND THE UNCERTAINTY OF HOW THE CIRCUIT
18:51:14 COURT WOULD RESOLVE ANY SUCH CLAIM.
18:51:17 THERE ARE ALSO ATTORNEY FEES' CLAIMS AS PART OF THE LAWSUIT.
18:51:21 AGAIN, THE CITY HAS EXPOSURE TO AN UNKNOWN AMOUNT OF
18:51:24 ATTORNEY FEES' CLAIMS AS WELL AS THE UNCERTAINTY OF HOW
18:51:27 CIRCUIT COURT WOULD RESOLVE IT.
18:51:32 AS A PART OF THE RECOMMENDATION, IF COUNCIL FINDS THAT THE
18:51:35 APPLICANT HAS MET ITS BURDEN OF PROOF AND THE APPLICATION
18:51:38 FOR REZONING IS APPROVED, THEN THE LAWSUIT PENDING IN CASE
18:51:43 19-ZA-012689 IN HILLSBOROUGH COUNTY CIRCUIT COURT WILL BE
18:51:49 DISMISSED WITH PREJUDICE AND EACH PARTY BEARING ITS OWN
18:51:54 ATTORNEY FEES' AND COSTS.
18:51:56 COUNCIL HAS THREE OPTIONS ON ACTIONS THEY CAN TAKE WITH
18:52:00 REGARD TO THE RECOMMENDATION OF THE SPECIAL MAGISTRATE.
18:52:03 IF AFTER HEARING ALL OF THE EVIDENCE AND TESTIMONY, CITY
18:52:07 COUNCIL FEELS THE APPLICANT HAS NOW DEMONSTRATED BY
18:52:10 SUBSTANTIAL AND COMPETENT EVIDENCE THAT THIS PROJECT MEETS
18:52:13 THE CITY'S REGULATIONS AND IS CONSISTENT WITH THE
18:52:16 COMPREHENSIVE PLAN AND AFTER TAKING INTO CONSIDERATION THE
18:52:19 OTHER RELEVANT MATTERS IN THE PENDING LITIGATION I JUST
18:52:23 DETAILED, COUNCIL MAY ACCEPT THE SPECIAL MAGISTRATE'S
18:52:26 RECOMMENDATION AND PROCEED TO IMPLEMENT THAT RECOMMENDATION.
18:52:30 IN THIS CASE, THAT MEANS APPROVING THE PROJECT ON FIRST
18:52:33 READING AND THE SECOND READING AT SECOND FULL PUBLIC HEARING
18:52:37 WILL STILL BE REQUIRED.
18:52:39 IF CITY COUNCIL FEELS THAT THE APPLICANT HAS STILL FAILED TO
18:52:42 MEET ITS BURDEN AND AFTER TAKING INTO CONSIDERATION THE
18:52:45 OTHER RELEVANT MATTERS IN THE PENDING LITIGATION, THEN CITY
18:52:48 COUNCIL MAY REJECT THE SETTLEMENT AFTER IDENTIFYING THOSE
18:52:52 SECTIONS OF THE CODE OR THE COMPREHENSIVE PLAN THAT ARE NOT
18:52:55 MET.
18:52:56 FINALLY, CITY COUNCIL CAN MODIFY THE SPECIAL MAGISTRATE'S
18:53:00 RECOMMENDATION AND IMPLEMENT THE MODIFIED RECOMMENDATION
18:53:05 WITH THE APPLICANT'S ACCEPTANCE AND APPROVAL.
18:53:08 I WILL NOW ASK SCOTT STEADY, THE SPECIAL MAGISTRATE, TO MAKE
18:53:13 A FEW BRIEF REMARKS.
18:53:15 >> YES, CHAIRMAN, MEMBERS OF CITY COUNCIL, CAN YOU HEAR ME?
18:53:18 >>GUIDO MANISCALCO: YES, WE CAN.
18:53:20 >> GOOD EVENING.
18:53:21 I'M GOING TO BE BRIEF.
18:53:22 I THINK SUSAN DID A VERY GOOD JOB OF SUMMARIZING THE
18:53:25 PROCESS.
18:53:26 WE HAD TWO BASICALLY FIVE-HOUR SESSIONS.
18:53:29 ONE IN FEBRUARY PRE-COVID AND THEN AFTER IN JUNE.
18:53:35 JUST A COUPLE OF COMMENTS.
18:53:37 WE HAD NUMEROUS SIDEBAR DISCUSSIONS BETWEEN THOSE TWO
18:53:41 MEETINGS.
18:53:42 IN THE GOING TO HAPPEN, IT WAS PRETTY EVIDENT THAT THE
18:53:44 APPLICANT FELT THAT THEY HAD INITIALLY MET AND -- MET THE
18:53:48 STANDARDS AND COMPLIED WITH BOTH THE CODE AND THE
18:53:50 COMPREHENSIVE PLAN, BUT I THINK AFTER SOME LENGTHY
18:53:54 DISCUSSIONS, IT WAS ACKNOWLEDGED THAT SOME CHANGES COULD BE
18:53:57 MADE TO IMPROVE THE PROJECT.
18:54:00 OBVIOUSLY, REDUCING SOME UNITS, BUT I WOULD SAY WHEN IT CAME
18:54:04 TO TYSON, I THINK IF ANYONE HAS BEEN ON THERE, THEY
18:54:08 RECOGNIZE IT NEEDS SOME IMPROVEMENT.
18:54:11 I WAS ON A COUPLE OF PHONE CALLS WITH STAFF, WITH YOUR
18:54:13 TRANSPORTATION DEPARTMENT.
18:54:15 WHAT WE WERE TRYING TO FIND IS WHAT IS A CONTRIBUTION THAT
18:54:19 WOULD ACTUALLY MAKE SOME CHANGES THERE?
18:54:24 REALLY KIND OF IGNITE OR REALLY FUND SOME GOOD CHANGES TO
18:54:28 TYSON TO MAKE A DIFFERENCE.
18:54:31 SO THERE'S NO MAGIC TO THE 250,000 OTHER THAN THAT WAS
18:54:35 PRETTY MUCH ACKNOWLEDGED THAT WOULD BE A SIGNIFICANT
18:54:37 CONTRIBUTION TO MAKE CHANGE THERE.
18:54:39 AT THE SAME TIME, TRYING TO BALANCE SOMETHING THAT WOULD BE
18:54:43 REASONABLE IN LIGHT OF THE PROJECT.
18:54:48 AFTER DISCUSSIONS, WE CAME TO AGREEMENT, IT IS BEFORE CITY
18:54:55 COUNCIL, AND I APPRECIATE YOUR TIME.
18:54:57 I'LL ANSWER ANY QUESTIONS.
18:54:58 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
18:54:59 MR. CREW, IS THERE ANYTHING YOU NEED TO SAY, MR. CREW?
18:55:32 >>GUIDO MANISCALCO: ALL RIGHT.
18:55:34 THANK YOU VERY MUCH.
18:55:35 MS. JOHNSON-VELEZ.
18:55:38 COUNCILMAN GUDES.
18:55:47 >>ORLANDO GUDES: ASK THE MAGISTRATE ANY QUESTIONS?
18:55:49 >>GUIDO MANISCALCO: YOU CAN ASK.
18:55:50 >>ORLANDO GUDES: THANK YOU FOR JOINING US.
18:55:54 I'M WONDERING, DURING THE MEDIATION PROCESS, DID WE HAVE ANY
18:55:57 COMMUNITY LEADERS OF THE COMMUNITY THAT YOU SPOKE WITH OR
18:56:00 TAKING TESTIMONY?
18:56:02 >> YES, ESPECIALLY AT THE FIRST MEETING THAT WAS IN MY
18:56:04 OFFICE, THERE WERE SOME INDIVIDUALS.
18:56:07 I DON'T HAVE THEIR NAMES, BUT THEY ARE PRETTY ACTIVE SOUTH
18:56:10 OF GANDY, AND THEY ATTENDED.
18:56:12 AND IN THE END, BASICALLY FROM MY UNDERSTANDING THAT THEY
18:56:17 WERE -- I SAID BEST DESCRIBED NOT OBJECTING TO WHAT'S BEING
18:56:21 PROPOSED.
18:56:22 >>JOSEPH CITRO: MR. CHAIR, IF I MAY?
18:56:28 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
18:56:29 >>JOSEPH CITRO: I HAD SOME CONCERNS WITH THIS.
18:56:33 >>JOHN DINGFELDER: IT LOOKS LIKE THE CLERK HAS A QUESTION.
18:56:36 >>GUIDO MANISCALCO: GO AHEAD, CLERK.
18:56:39 >>THE CLERK: DO I NEED TO SWEAR SCOTT IN?
18:56:43 MR. STEADY.
18:56:45 >>MARTIN SHELBY: MR. STEADY, WERE YOU SWORN IN PREVIOUSLY?
18:56:50 >> NO, I WASN'T SWORN.
18:56:51 BUT I DIDN'T SEE MYSELF AS TESTIFYING.
18:56:54 BUT I'M HAPPY TO SWEAR MYSELF.
18:56:57 WHATEVER THE CLERK WANTS.
18:56:59 >>MARTIN SHELBY: DO YOU HAVE ANY OBJECTION FOR MR. STEADY
18:57:03 NOT HAVING BEEN SWORN IN?
18:57:05 DO YOU WISH --
18:57:07 >> WE DO PREFER IF HE IS SWORN, IF YOU DON'T MIND.
18:57:10 THANK YOU.
18:57:11 >>THE CLERK: PLEASE RAISE YOUR RIGHT HAND.
18:57:13 DO YOU SWEAR OR AFFIRM YOU WOULD TELL THE TRUTH, WHOLE TRUTH
18:57:17 AND NOTHING BUT THE TRUTH?
18:57:18 >> I DO.
18:57:21 >>MARTIN SHELBY: WOULD YOU REAFFIRM, NOW THAT YOU HAVE BEEN
18:57:24 SWORN, AS TO YOUR PREVIOUS STATEMENTS.
18:57:27 >> YES, I WAS JUST GOING TO DO THAT.
18:57:30 I REITERATE EVERYTHING I SAID PREVIOUSLY HAVING BEEN SWORN
18:57:34 IN.
18:57:43 >>SUSAN JOHNSON-VELEZ: I THINK STAFF WOULD MAKE THE
18:57:45 PRESENTATION NOW ON THE SITE PLAN.
18:57:49 >>MARTIN SHELBY: DID MR. CITRO WANT TO SPEAK?
18:57:51 >>JOSEPH CITRO: YES, PLEASE, IF I MAY, MR. CHAIR.
18:57:53 >>GUIDO MANISCALCO: GO AHEAD, SIR.
18:57:54 >>JOSEPH CITRO: THANK YOU VERY MUCH.
18:57:55 YES, I DID HAVE A FEW CONCERNS ABOUT THE MAGISTRATE AND
18:57:59 MS. JOHNSON-VELEZ HAS ANSWERED A MULTITUDE.
18:58:04 MR. SHELBY, IF I MAY ASK, THERE WAS LITIGATION BETWEEN THE
18:58:12 PROPERTY OWNER, SLASH, DEVELOPER WITH ANOTHER CORPORATION
18:58:15 THAT I WAS VERY CONCERNED WITH.
18:58:17 AM I ALLOWED TO ASK FOR THE OUTCOME OF THAT LITIGATION?
18:58:22 >>MARTIN SHELBY: WELL, IF I CAN INQUIRE OF MS. JOHNSON-VELEZ
18:58:25 OR MR. STIGALL AS TO THE RELEVANCE AND THE RISK TO HAVING
18:58:32 DISCUSSED THAT.
18:58:33 IS THAT A RELEVANT DISCUSSION IN WHAT'S BEFORE COUNCIL THIS
18:58:36 EVENING?
18:58:41 >>SUSAN JOHNSON-VELEZ: I'M GOING TO DEFER TO OUR LITIGATOR.
18:58:44 >> FIRST OF ALL, I'M NOT SURE WHICH LITIGATION MR. CITRO IS
18:58:48 REFERRING TO.
18:58:49 ONGOING LITIGATION REGARDING THIS SPECIFIC DENIAL OF
18:58:52 REZONING.
18:58:55 >>JOSEPH CITRO: I WILL ASK MY QUESTION AT FIRST READING.
18:58:57 IT WAS JUST LITIGATION BETWEEN CSX AND THE PROPERTY OWNER
18:59:00 AND DEVELOPER.
18:59:02 >> I'M SORRY, MR. CITRO.
18:59:03 YES, THERE IS ONGOING LITIGATION BETWEEN THOSE TWO PARTIES.
18:59:07 IT HAS BEEN -- SUMMARY JUDGMENT HAS BEEN ENTERED IN FAVOR OF
18:59:11 THE DEVELOPER HERE, AND THERE IS A TRIAL SCHEDULED FOR
18:59:17 SEPTEMBER 28 ON JUST DAMAGES ALONE.
18:59:22 >>JOSEPH CITRO: THANK YOU VERY MUCH, SIR.
18:59:23 THANK YOU, MR. CHAIR.
18:59:24 >>GUIDO MANISCALCO: YES, SIR.
18:59:24 ALL RIGHT.
18:59:25 THE CITY IS GOING TO MAKE THEIR PRESENTATION NOW.
18:59:27 GO AHEAD.
18:59:33 >>MARY SAMANIEGO: MARY SAMANIEGO, IF YOU COULD SHARE MY
18:59:36 SCREEN, PLEASE.
18:59:37 THANK YOU.
18:59:39 AGAIN, THIS IS CASE REZ 19-77.
18:59:44 FOR THE RECORD, MS. JOHNSON-VELEZ COVERED A LOT OF THE
18:59:46 COMPONENTS THAT ARE IN MY PRESENTATION, SO I WILL NOT REPEAT
18:59:49 THEM TO KEEP THE RECORD CLEAR.
18:59:52 AGAIN, THIS IS A REZONING FROM IG TO PD FOR MULTIFAMILY
18:59:57 RESIDENTIAL AND ATTACHED SINGLE-FAMILY RESIDENTIAL.
19:00:01 THE BACKGROUND, AGAIN, THIS CASE WAS DENIED IN NOVEMBER 14,
19:00:05 2019.
19:00:06 THE MAIN CHANGES ARE THAT THEY ARE GOING FROM 358
19:00:11 MULTIFAMILY DWELLING UNITS AND 13 BUILDINGS.
19:00:15 THAT PROJECT WAS DENIED.
19:00:18 CHANGES ARE 358 UNITS, TO 325 UNITS AND SOME GENERAL NOTES,
19:00:23 AGAIN, AS MS. JOHNSON-VELEZ STATED FOR THE RECORD, TO BE
19:00:27 PLACED ON THE SITE PLAN BETWEEN FIRST AND SECOND READING.
19:00:34 SOME OF THE REQUESTS, AGAIN, 325 MULTIFAMILY UNITS, AND
19:00:39 SINGLE-FAMILY ATTACHED UNITS WITHIN 11 BUILDINGS AND A
19:00:42 PARKING GARAGE.
19:00:43 THE SITE IS 11.94 ACRES.
19:00:45 THE PROPERTY, CURRENTLY ZONED INDUSTRIAL GENERAL.
19:00:49 PROPOSED SETBACKS ARE NORTH 25 FEET, SOUTH 15 FEET, EAST 25
19:00:54 FEET AND WEST 20 FEET.
19:00:56 THE MAXIMUM PROPOSED BUILDING HEIGHT OF 60 FEET.
19:00:59 BASED ON THE PROPOSED NUMBER OF DWELLING UNITS AND BEDROOMS,
19:01:02 TOTAL OF 595 PARKING SPACES ARE REQUIRED AND 689 ARE BEING
19:01:09 PROVIDED.
19:01:09 HERE IS THE PROPOSED SITE PLAN THAT IS FOR YOUR REVIEW
19:01:16 TONIGHT.
19:01:17 THERE ARE EIGHT SINGLE-FAMILY ATTACHED UNITS.
19:01:20 ALL THE DOORS FACING THE INTERNAL PRIVATE DRIVE, WHICH
19:01:24 RESULTS IN THE FIRST WAIVER REQUEST.
19:01:27 THEN THERE ARE ONE, TWO, THREE MULTIFAMILY BUILDINGS WITH A
19:01:33 LARGE PARKING GARAGE IN THE MIDDLE TO SERVE THOSE USES.
19:01:38 THERE ARE TWO POOLS PROPOSED.
19:01:40 THERE IS A DESIGNATED DOG PARK AREA ON THE SOUTHWEST CORNER
19:01:45 OF THE PROPERTY.
19:01:46 AND THEN THERE IS ALSO A LARGE OPEN SPACE AREA ON THE
19:01:49 SOUTHEAST PORTION OF THE PROPERTY.
19:01:51 THE APPLICANT IS MEETING ALL REQUIRED VEHICLE USE AREA
19:01:54 BUFFER SCREEN SPACE REQUIREMENTS AS WELL AS THE REQUIRED
19:01:57 MULTIFAMILY GREENSPACE REQUIREMENTS.
19:02:02 HERE IS THE PLAN.
19:02:04 YOU CAN ASK ANY QUESTIONS.
19:02:06 HERE IS THE PARKING GARAGE LAYOUT FOR FLOOR.
19:02:09 AGAIN, THE RECREATIONAL AREA THEY ARE PROVIDING IN THE
19:02:12 SOUTHEAST.
19:02:13 IN THE SOUTHWEST IS THE DOG PARK.
19:02:15 PARKING GARAGE, EIGHT TOWNHOMES AND THEN ONE, TWO, AND THEN
19:02:21 THREE APARTMENT BUILDINGS.
19:02:24 AND THEN THEY ARE IN COMPLIANCE WITH REQUIRED TREE
19:02:27 PRESERVATION AND LANDSCAPING AT THIS STAGE.
19:02:31 BUILDING ELEVATIONS AGAIN, JUST FOR MASSING AND SCALE OF THE
19:02:36 PROPOSED DEVELOPMENT.
19:02:43 THERE ARE SOME MINOR CHANGES BETWEEN FIRST AND SECOND
19:02:46 READING FROM PLANNING, DESIGN AND DEVELOPMENT STAFF JUST
19:02:49 MAKING SURE THAT THE APPROPRIATE NOTES WHICH CAME OUT OF THE
19:02:54 MEDIATION ARE ON THE SITE PLAN.
19:02:57 THERE ARE SOME CHANGES BETWEEN FIRST AND SECOND READING WITH
19:03:00 TRANSPORTATION.
19:03:00 AGAIN, JUST CLARIFYING SOME NOTES.
19:03:02 THIS PROJECT DID GO THROUGH A COMPLETE DEVELOPMENT REVIEW
19:03:06 COMMITTEE REVIEW, AND THIS IS WHAT IS RESULTING IN THE
19:03:10 CHANGES BETWEEN FIRST AND SECOND READING.
19:03:12 NATURAL RESOURCES HAS SOME NOTES BETWEEN FIRST AND SECOND
19:03:15 READING TO ADD AS WELL AS SOLID WASTE.
19:03:17 BUT OVERALL, THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF DID
19:03:19 FIND THIS CONSISTENT WITH THE CITY OF TAMPA LAND DEVELOPMENT
19:03:22 CODE.
19:03:23 I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
19:03:24 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS?
19:03:26 I HEAR AND SEE NONE.
19:03:31 >>MARY SAMANIEGO: THANK YOU.
19:03:33 >>GUIDO MANISCALCO: WHO'S NEXT?
19:03:37 >>SUSAN JOHNSON-VELEZ: THE APPLICANT WILL BE NEXT, MR.
19:03:39 CHAIR.
19:03:40 >>GUIDO MANISCALCO: GO AHEAD, APPLICANT.
19:03:42 >> DID YOU WANT DAVID HEY FROM PLANNING COMMISSION TO GIVE
19:03:46 HIS REPORT BEFORE ME?
19:03:47 >>GUIDO MANISCALCO: MR. HEY, DO YOU HAVE ANYTHING?
19:03:51 >>DAVID HEY: I'LL SHOW MY SCREEN.
19:03:55 THE PLANNING COMMISSION STAFF WAS GIVEN AN OPPORTUNITY TO
19:03:58 REVIEW THE PROPOSED PLAN AND SIMILAR TO OUR ORIGINAL
19:04:06 RECOMMENDATION, WE ARE CONTINUING TO RECOMMEND THAT THIS BE
19:04:09 FOUND CONSISTENT BASED ON THE POLICY DIRECTION WITHIN THE
19:04:12 PLAN AND THE UNDERLYING COMMUNITY MIXED USE 35 FUTURE LAND
19:04:16 USE CATEGORY.
19:04:18 I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
19:04:19 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FOR MR. HEY?
19:04:23 I HEAR AND SEE NONE.
19:04:25 APPLICANT, GO AHEAD.
19:04:30 >> THANK YOU.
19:04:30 ELISE BATSEL WITH STEARNS, WEAVER, MILLER, 401 EAST JACKSON
19:04:34 STREET, SUITE 2100, IF YOU COULD SHARE MY SCREEN, PLEASE.
19:04:45 >>GUIDO MANISCALCO: ALL RIGHT.
19:04:51 IT'S LOADING.
19:04:52 OKAY.
19:04:55 GO AHEAD.
19:04:57 WE SEE IT.
19:05:28 WE SEE THE SCREEN.
19:05:30 WE SEE THE PRESENTATION.
19:05:31 MS. BATSEL, GO AHEAD.
19:05:41 >>MARY SAMANIEGO: SIR, IT APPEARS THAT SHE'S FROZEN.
19:05:46 >>GUIDO MANISCALCO: UH-HUH.
19:05:47 WE WERE DOING SO WELL.
19:06:08 DOES SHE HAVE TO LOG OUT AND LOG BACK IN?
19:06:21 >>MARTIN SHELBY: MAYBE MR. CREW CAN UPDATE COUNCIL.
19:06:32 >>THE CLERK: I DO NOT HAVE THE ABILITY TO SIGN HER BACK IN.
19:06:36 SHE WOULD NEED TO SIGN BACK INTO THE MEETING.
19:06:38 I CAN DISMISS HER FROM THE MEETING, IF SHE IS LISTENING, AND
19:06:43 THEN SHE WOULD NEED TO SIGN BACK INTO THE MEETING.
19:06:49 >>GUIDO MANISCALCO: IF SHE CAN HEAR US, MS. BATSEL, WE'LL
19:06:54 DISMISS YOU FROM THE MEETING AND IF YOU WOULD LOG BACK IN
19:06:58 AND WE CAN RESTART AND GO THROUGH THE PRESENTATION FROM
19:07:01 THERE.
19:07:06 >> DOES STAFF HAVE A NUMBER FOR HER?
19:07:10 >> I'M LOOKING IT UP RIGHT NOW.
19:07:12 I'LL TRY TO CALL HER.
19:07:14 >> I'M BACK.
19:07:15 >>GUIDO MANISCALCO: THERE SHE IS.
19:07:17 ALL RIGHT.
19:07:17 WE SEE THE PRESENTATION, IF YOU WOULD LIKE TO GO AHEAD.
19:07:21 >> SURE.
19:07:21 BEAR WITH ME JUST A SECOND.
19:07:25 LITTLE BIT OF TECHNICAL DIFFICULTY HERE.
19:07:28 WE'LL DO THIS AGAIN.
19:07:29 >>GUIDO MANISCALCO: ALL RIGHT.
19:07:30 WE'LL START THE CLOCK NOW.
19:07:46 >> CAN YOU SEE MY SCREEN?
19:07:48 >>GUIDO MANISCALCO: WE CAN SEE IT.
19:07:49 WE SEE THE SLIDE THAT SAYS CITYWIDE POLICIES AND THEN
19:07:53 RATTLESNAKE POINT.
19:07:58 >> IT APPEARS TO BE FROZEN.
19:07:59 >>MARTIN SHELBY: IT LOOKS LIKE THE SLIDE SHOW HAS NOT
19:08:02 STARTED.
19:08:02 IT LOOKS LIKE IT'S NOT SET FOR A SLIDE SHOW.
19:08:06 >>GUIDO MANISCALCO: LET'S RELOAD.
19:08:08 NOW PD REZONING APPLICATION WITH YOUR COVER PAGE.
19:08:12 >> EXCELLENT, I APOLOGIZE.
19:08:13 >>GUIDO MANISCALCO: ALL RIGHT.
19:08:14 WE'LL START THE TIMER NOW.
19:08:15 GO AHEAD.
19:08:16 >> THANK YOU.
19:08:17 AS YOU KNOW, THIS IS ON RATTLESNAKE POINT JUST SOUTH OF
19:08:24 GANDY BOULEVARD WEST OF WESTSHORE.
19:08:27 SPECIFICALLY, THIS IS ON THE NORTH SIDE OF TYSON ON
19:08:30 RATTLESNAKE POINT.
19:08:31 WE'LL TALK A LOT ABOUT THAT LATER, 11.9 ACRES.
19:08:35 THE CURRENT FUTURE LAND USE, WHICH IS VERY IMPORTANT, IS
19:08:38 COMMUNITY MIXED USE, WHICH REFLECTS THE TRANSITION OF
19:08:41 RATTLESNAKE POINT FROM INDUSTRIAL TO A MIXED-USE
19:08:47 DEVELOPMENT.
19:08:48 AS ALREADY STATED, WE HAVE REDUCED THE DENSITY ON THIS
19:08:52 PROJECT FROM 358 UNITS TO 325 MULTIFAMILY OR TOWNHOME UNITS.
19:09:00 DECREASED THE DENSITY FROM 29.99 UNITS TO 27.23 UNITS PER
19:09:06 ACRE.
19:09:08 THE COOL STUFF ASSOCIATED WITH THIS DEVELOPMENT IS THAT IT'S
19:09:11 A MIX OF TYPES OF RESIDENTIAL, BOTH TOWNHOMES AND
19:09:16 APARTMENT-STYLE DWELLINGS.
19:09:17 AS YOU'LL SEE HERE IN THE SOUTHEAST CORNER, WE HAVE ADDED A
19:09:22 RECREATIONAL AREA WHERE THERE ONCE WERE BUILDINGS.
19:09:25 WE ALSO HAD CREATED THE CENTRAL MAIN STREET.
19:09:29 ALL OF THE ROADS WITHIN THE DEVELOPMENT ARE PRIVATE DRIVES.
19:09:34 AS WE HAD PREVIOUSLY, THERE IS A PEDESTRIAN WALKWAY THAT
19:09:37 RUNS THE ENTIRE EASTERN AND NORTHERN SIDE OF THE
19:09:40 DEVELOPMENT.
19:09:41 THIS TIES IN DIRECTLY TO LENNAR'S DEVELOPMENT TO THE EAST
19:09:45 AND NOW THAT THAT IS BUILT, THERE IS ACTUALLY FURTHER EAST
19:09:48 PUBLIC PARKING BY WHICH THEY CAN UTILIZE ALL OF THE PATHWAY
19:09:52 TO GET ALL THE WAY AROUND BOTH DEVELOPMENTS.
19:09:54 THE FIRST WAIVER WE ASKED FOR ORIGINALLY WAS THE BUILDING
19:10:01 ORIENTATION WAIVER.
19:10:02 THIS IS A VERY UNIQUE SITE BECAUSE IT'S BOUNDED ON TWO SIDES
19:10:05 BY WATER AND CSX RAILWAY ALONG TYSON AVENUE.
19:10:09 SO WE ORIENTED THIS TOWARDS THE PRIVATE ROADWAYS.
19:10:13 THOSE PRIVATE STREETS REALLY CREATE THE FRONTAGE IN LIEU OF
19:10:16 THE PUBLIC RIGHTS-OF-WAY. THE SECOND WAIVER IS A WAIVER OF
19:10:22 LOADING BERTHS.
19:10:23 AS YOU KNOW, THE ONLY REAL LOADING BERTHS THAT ARE NEEDED IN
19:10:26 A RESIDENTIAL SETTING ARE FOR MOVING IN AND MOVING OUT.
19:10:29 SO WE USE THE LARGEST TEMPLATE THAT WE COULD.
19:10:32 THAT IS AN SU-30 TRUCK TEMPLATE.
19:10:35 THAT'S BIGGER THAN A GARBAGE TRUCK AND BIGGER THAN THE
19:10:38 LARGER U-HAUL, AND YOU CAN SEE FROM THE EXHIBIT IN RED AND
19:10:41 BLUE THAT EVERY BUILDING CAN NOW GET ACCESS.
19:10:46 WILL ALSO USE THE PARALLEL PARKING SPACES FOR MOVING IN AND
19:10:50 MOVING OUT AS WELL.
19:10:53 YOU'VE HEARD A LOT OVER THE PAST, THE TRANSITION OF
19:10:57 RATTLESNAKE POINT AND THIS AREA.
19:10:59 BUT JUST TO SUMMARIZE FOR YOU, CITY COUNCIL HAS MADE A
19:11:03 NUMBER -- GOING BACK TO THE 1980s WHEN THIS WAS THE GANDY
19:11:07 GATEWAY, BUT MORE RECENTLY, FROM 2002, THE WESTSHORE MARINA,
19:11:13 ALL THE WAY UP TO THE NEW DEVELOPMENTS THAT ARE UMU 60 HERE
19:11:18 WHERE YOU SEE MY CURSOR.
19:11:20 FROM 2002 THROUGH 2006, A MAJORITY OF THE PROPERTY ALONG
19:11:25 RATTLESNAKE POINT AND TO THE EAST OF RATTLESNAKE POINT
19:11:28 TRANSITIONED TO CMU-35.
19:11:30 MOST RECENTLY IS OUR PROPERTY.
19:11:33 THIS BOARD IN 2018 ALSO DESIGNATED THIS PROPERTY CMU-35,
19:11:38 REFLECTING THE TRANSITION THAT'S WITHIN THE COMPREHENSIVE
19:11:41 PLAN.
19:11:42 FOR JUST A MOMENT, I'D LIKE TO INTRODUCE KEVIN MINEER WHO IS
19:11:49 OUR LAND PLANNING EXPERT.
19:11:50 HE WILL TALK FOR A FEW MINUTES.
19:11:52 >> THANK YOU.
19:11:53 I'M KEVIN MINEER, PROFESSIONAL PLANNER WITH OVER 30 YEARS OF
19:11:57 EXPERIENCE.
19:11:57 I WANT TO DISCUSS COMPATIBILITY AND CONSISTENCY.
19:11:59 OUR PARCEL IS SURROUNDED BY NEW RESIDENTIAL AND SUPPORT
19:12:02 COMMERCIAL CONSTRUCTION.
19:12:03 IN A RESPONSE WE'RE PROPOSING RESIDENTIAL PROJECT IDENTICAL
19:12:06 TO OUR NEIGHBORS TO THE EAST ARE DOING.
19:12:09 RATTLESNAKE POINT IS FINALLY TRANSFORMING FROM AN INDUSTRIAL
19:12:11 TO A RESIDENTIAL MIXED USE WATERFRONT COMMUNITY.
19:12:14 IN FACT, SO MUCH HAS HAPPENED THE LAST FEW YEARS, ONE COULD
19:12:17 CONSIDER OUR EXISTING INDUSTRIAL ZONING NOT COMPATIBLE AS
19:12:21 ALL ARE -- ARE NOT INDUSTRIAL USES.
19:12:26 HERE ARE TWO MARKETING PICTURES OF THE WESTSHORE MARINA.
19:12:30 OUR NEXT-DOOR NEIGHBOR, FULLY PERMITTED AND UNDER
19:12:33 CONSTRUCTION TODAY WITH LEFT PICTURE, OUR PARCEL IS TO THE
19:12:36 LEFT.
19:12:36 SOUTH OF THE THREE HIGH-RISES IN THE MIDDLE.
19:12:38 THESE ARE BEING BUILT RIGHT NOW, THE THREE HIGH-RISES IN THE
19:12:42 MIDDLE BEING BUILT RIGHT NOW.
19:12:43 THE RIGHT PICTURE, THE PUBLIC BOARDWALK IS DEPICTED -- AS
19:12:48 DEPICTED IS UNDER CONSTRUCTION.
19:12:50 WE WILL CONNECT TO THIS AND BE EXTENDING AN IDENTICAL
19:12:54 BOARDWALK ALONG OUR ENTIRE SEAWALL.
19:12:56 WHAT IS THE APPEAL?
19:12:57 WELL, FOR THE PAST 30 YEARS, GOING BACK TO EVEN WHEN IT WAS
19:13:01 BRANDED GANDY GATEWAY, COMP PLAN DESIGNATED RATTLESNAKE
19:13:04 POINT AS AN APPROPRIATE AREA FOR REDEVELOPMENT WITH SPECIFIC
19:13:07 POLICIES TO ALLOW ITS TRANSITION.
19:13:09 WE MEET ALL OF THESE POLICIES.
19:13:11 I WANT TO FOCUS ON A FEW.
19:13:12 WE MEET POLICY 8.11.4 WHICH REQUIRES PUBLIC ACCESS ON THE
19:13:17 WATERFRONT.
19:13:18 WE MEET OR EXCEED 8.11.5 WHICH ENSURES THAT NEW PROJECTS ARE
19:13:22 PROPERLY DESIGNATED AND MEET SPECIFIC CRITERIA.
19:13:25 FINALLY, WE MEET OR EXCEED POLICY 8.11.6, 8.11.7, REQUIRE
19:13:32 ADEQUATE MITIGATION FOR TRANSPORTATION AND HURRICANE
19:13:35 SHELTER.
19:13:35 TO SUM UP, WE ARE COMPATIBLE AND CONSISTENT AND YOUR
19:13:39 PROFESSIONAL PLANNING STAFFS AGREE WITH US.
19:13:41 NOW I WOULD LIKE TO TURN IT OVER TO STEVE HENRY TO DISCUSS
19:13:44 TRAFFIC.
19:13:45 >> MR. MINEER, HOW LONG HAVE YOU BEEN A CERTIFIED LAND
19:13:49 PLANNER?
19:13:50 >> 30 YEARS, MORE THAN 30 YEARS.
19:13:52 >> IS IT YOUR PROFESSIONAL OPINION THAT THIS PROJECT IS BOTH
19:13:54 COMPATIBLE AND CONSISTENT WITH THE LAND DEVELOPMENT CODE AND
19:13:56 THE COMPREHENSIVE PLAN CITY OF TAMPA?
19:13:58 >> YES, MA'AM, IT IS.
19:13:59 >> THANK YOU.
19:14:04 >> STEVE HENRY, LINCKS & ASSOCIATES.
19:14:07 5023 WEST LAUREL, TAMPA, 33607.
19:14:10 I AM A PROFESSIONAL ENGINEER REGISTERED IN THE STATE OF
19:14:13 FLORIDA.
19:14:13 THIS SITE IS WITHIN THE TRANSPORTATION CONCURRENCY EXCEPTION
19:14:16 AREA OF THE CITY OF TAMPA.
19:14:18 WE CONDUCTED AN ANALYSIS FOR THIS PROJECT BASED ON THE
19:14:21 PROCEDURES MANUAL FOR THE CITY OF TAMPA.
19:14:26 THE METHODOLOGY AND THE ANALYSIS WERE BOTH REVIEWED BY YOUR
19:14:29 STAFF AND APPROVED BY YOUR STAFF.
19:14:31 THE RESULTS SHOW THAT WE HAVE ABOUT A $43,000 POP SHARE TO
19:14:37 MITIGATE THE IMPACT OF THE PROJECT.
19:14:39 IN ADDITION, WE'LL PAY OUR IMPACT FEES AND ALSO, AS
19:14:42 INDICATED PREVIOUSLY, WITH THE MEDIATION AGREEMENT, THERE
19:14:46 WILL BE AN ADDITIONAL $250,000 TOWARDS TRANSPORTATION
19:14:49 IMPROVEMENTS ALONG TYSON.
19:14:52 I WANT TO GO THROUGH VERY QUICKLY SOME OF THE IMPROVEMENTS
19:14:55 THAT ARE HAPPENING IN THE AREA.
19:14:56 WE'VE GOT BRIDGE STREET THAT IS NOW CURRENTLY OPEN.
19:15:01 IT EXTENDS FROM GANDY BOULEVARD DOWN TO TYSON.
19:15:04 IN ADDITION, THERE IS THE ELEVATED LANES THAT ARE CURRENTLY
19:15:07 UNDER CONSTRUCTION ALONG GANDY BOULEVARD AND IN ADDITION TO
19:15:10 THAT, YOU'VE GOT THE INTERSECTION IMPROVEMENTS THAT ARE A
19:15:14 CITY PROJECT THAT WERE AGREED TO BE DONE AS A PART OF THE
19:15:17 GANDY ELEVATED LANES.
19:15:19 AND THOSE IMPROVEMENTS AT THE INTERSECTION OF WESTSHORE AND
19:15:22 GANDY ARE CURRENTLY UNDER CONSTRUCTION.
19:15:24 ALSO THEN, THERE IS THE SIGNAL AT TYSON AND WESTSHORE.
19:15:29 ONCE THAT MEETS SIGNAL WARRANTS, THERE ARE MULTIPLE PROJECTS
19:15:32 IN THE AREA THAT HAVE THE REQUIREMENT TO PAY INTO A PROP
19:15:37 SHARE TO FUND THAT SIGNAL.
19:15:39 THIS IS A DOCUMENT THAT WAS DONE AND IT STATES WHAT THE
19:15:45 IMPACT OF THE ELEVATED LANE.
19:15:47 AS IT SHOWS HERE, THE REDUCTION IN DELAY AT THE INTERSECTION
19:15:51 OF GANDY AND WESTSHORE WILL BE 40% IN THE A.M. AND 30% IN
19:15:55 THE P.M. PEAK POINT.
19:15:59 THIS IS JUST SHOWING THE IMPROVEMENT, THE WESTSHORE
19:16:02 IMPROVEMENT THAT I ALREADY DISCUSSED.
19:16:04 FINALLY, JUST LIKE TO GO OVER REAL QUICKLY, AS MR. MINEER
19:16:09 HAD INDICATED, THE SITE IS CURRENTLY ZONED IG.
19:16:12 COULD DEVELOP UP TO -- 500,000 SQUARE FEET ON THE PROPERTY.
19:16:16 IN GREEN, WE INDICATED WHAT COULD BE THERE AS AN IEG
19:16:21 PROJECT, THE AMOUNT OF TRAFFIC.
19:16:22 THE A.M. PEAK HOUR IS ON THE LEFT.
19:16:25 P.M. PEAK HOUR IS ON THE RIGHT.
19:16:27 THE GREEN SHOWS WHAT COULD BE -- THE AMOUNT OF TRAFFIC THAT
19:16:31 COULD BE THERE BASED ON THE EXISTING ZONING.
19:16:33 THE BLUE SHOWS WHAT WOULD BE THERE BASED ON WHAT WE'RE
19:16:36 PROPOSING TO YOU TONIGHT.
19:16:37 AS YOU CAN SEE, THERE IS A SIGNIFICANT DECREASE IN THE
19:16:40 AMOUNT OF TRAFFIC THAT COULD BE GENERATED BY THE SITE BASED
19:16:43 ON WHAT WE'RE PROPOSING AS OPPOSED TO WHAT IS CURRENTLY
19:16:46 ZONED.
19:16:47 THAT CONCLUDES MY PRESENTATION, UNLESS YOU HAVE ANY
19:16:49 QUESTIONS.
19:16:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:16:51 ANY QUESTIONS FROM COUNCIL MEMBERS?
19:16:55 >> WE HAVE JUST A FEW MORE SLIDES FOR YOU.
19:16:56 >>GUIDO MANISCALCO: OKAY.
19:17:00 GO AHEAD.
19:17:01 >> SO I WANT TO ADDRESS THE COASTAL HIGH HAZARD AND THE
19:17:04 OBJECTIVES THAT WERE THE BASIS OF THE DENIAL AND ORIGINAL
19:17:07 REZONING.
19:17:08 FIRST, I WANT TO TAKE OUT ONE OF THE GUIDING PRINCIPLES.
19:17:12 SORRY, A TYPO THERE.
19:17:14 THIS COMES DIRECTLY FROM YOUR COMPREHENSIVE PLAN, AND IT
19:17:17 TELLS YOU HOW DO YOU READ THE COMPREHENSIVE PLAN.
19:17:19 IN SUCCESSFUL CITY BUILDINGS, EVERYTHING IS INTERCONNECTED
19:17:23 IN CONTEXT TO EVERYTHING ELSE.
19:17:25 A COMPREHENSIVE PLAN IS SUPPOSED TO BE A GENERAL GUIDE TO DO
19:17:29 JUST THAT.
19:17:29 ONE COMPONENT OF THE PLAN CANNOT BE VIEWED SINGULARLY
19:17:33 WITHOUT TAKING ALL THE FACTS OF THE PLAN INTO CONSIDERATION.
19:17:36 THAT IS THE NATURE AND INTENT OF THE COMPREHENSIVE PLAN.
19:17:40 SO IF WE GO SPECIFICALLY TO THE TWO OBJECTIVES THAT WERE AT
19:17:44 ISSUE, OBJECTIVE NUMBER 1.1 SAYS TO DIRECT FUTURE POPULATION
19:17:48 CONCENTRATIONS AWAY FROM THE COASTAL HIGH HAZARD AREA AS TO
19:17:52 ACHIEVE A NO NET INCREASE IN RESIDENTIAL DENSITY.
19:17:55 THAT SEEMS VERY STRAIGHTFORWARD, BUT IT'S VERY IMPORTANT
19:17:58 THAT YOU UNDERSTAND THAT THE POLICIES UNDERNEATH THE
19:18:02 OBJECTIVES ARE WHAT IMPLEMENT THAT OBJECTIVE.
19:18:07 THAT IS A VERY LARGE OBJECTIVE.
19:18:08 YOU TAKE IN DIFFERENT POLICIES AND YOU SAY IN DIFFERENT
19:18:11 SITUATIONS, HOW ARE WE GOING TO IMPLEMENT THAT OBJECTIVE?
19:18:14 IN THIS PARTICULAR SITUATION, 1.1.6 SAYS YOU LIMIT NEW
19:18:19 DEVELOPMENT IN THE COASTAL HIGH HAZARD AREA TO USES THAT ARE
19:18:23 VESTED OR SHOWN ON THE FUTURE LAND USE MAP AND DEFINED IN
19:18:27 THE URBAN DESIGN AND LAND USE ELEMENT.
19:18:30 THAT'S US.
19:18:30 OUR PROJECT IS REFLECTED AT 35 UNITS PER ACRE.
19:18:35 THE GUIDANCE THAT WE GET FROM OBJECTIVE 1.1 IS TO LIMIT THAT
19:18:39 DEVELOPMENT TO 35 UNITS PER ACRE OR LESS.
19:18:44 THE SAME GOES FOR OBJECTIVE 1.2.
19:18:48 YOU MAINTAIN AND REDUCE HURRICANE CLEARANCE TIMES WITHIN THE
19:18:51 CITY, COMPONENT OF MAINTAIN AND REDUCING EVACUATION TIMES
19:18:56 FOR HILLSBOROUGH COUNTY AND THE REGION, ANOTHER VERY LARGE
19:18:59 GOAL.
19:18:59 BUT YOU HAVE A NUMBER OF POLICIES UNDERNEATH THAT OBJECTIVE
19:19:03 IN DIFFERENT SITUATIONS, AND THERE IS A SPECIFIC POLICY FOR
19:19:07 REZONINGS.
19:19:09 WHAT THAT SAYS IS REZONINGS IN THE COASTAL PLANNING AREA
19:19:12 THAT INCREASE THE NUMBER OF RESIDENTIAL UNITS SHALL MITIGATE
19:19:15 THE IMPACT ON SHELTER SPACE DEMANDS BASED ON LEVEL OF
19:19:20 SERVICE.
19:19:21 THAT'S SHELTER SPACE LEVEL OF SERVICE.
19:19:23 THERE IS A COMPLETELY DIFFERENT STANDARD THAT INVOLVES
19:19:25 HURRICANE EVACUATION TIMES FOR COMP PLAN AMENDMENT, BUT WE
19:19:28 ARE NOT COMP PLAN AMENDMENT.
19:19:30 SO WHAT IS OUR CURRENT LEVEL OF SERVICE?
19:19:33 THIS INFORMATION WAS OBTAINED FROM YOUR STAFF ON TUESDAY,
19:19:36 AND IT SHOWS THAT BASED ON THE 2020 STATEWIDE EMERGENCY
19:19:39 SHELTER PLAN FOR 2020, HILLSBOROUGH COUNTY HAS A DEMAND OF
19:19:44 52,316 SPACES, AND WE CURRENTLY HAVE A SUPPLY OF SHELTER
19:19:49 SPACES OF 77,309 SPACES.
19:19:54 AS OF TODAY, THERE'S ADEQUATE SPACE.
19:19:57 NOW, SHELTER SPACE MITIGATION PAYMENTS ARE MADE IN
19:20:00 ACCORDANCE WITH 27-282.19 AT THE TIME GO IN PERMIT.
19:20:06 BECAUSE THIS COULD CHANGE BEFORE WE START BUILDING.
19:20:08 THERE IS A METHODOLOGY SET UP FOR THAT HURRICANE SHELTER
19:20:11 SPACE THAT WE WILL FOLLOW.
19:20:15 AGAIN, THERE ARE DIFFERENT REQUIREMENTS AND STANDARDS UNDER
19:20:18 OBJECTIVE 1.2.
19:20:20 THERE'S REZONING REQUIREMENTS.
19:20:21 THAT'S TO MITIGATE YOUR SHELTER SPACE LEVEL OF SERVICE.
19:20:24 AND THERE ARE COMP PLAN REQUIREMENTS, COMP PLAN AMENDMENT,
19:20:28 AND THAT IS WHAT SAYS ANYTHING THAT INCREASES DENSITY WITHIN
19:20:31 THE COASTAL PLANNING AREA SHALL DEMONSTRATE NO NEGATIVE
19:20:35 IMPACTS ON HURRICANE EVACUATION.
19:20:37 THAT MAKES SENSE.
19:20:39 IT IS A MUCH BIGGER, BROADER DECISION IN A REZONING.
19:20:44 IT'S REALLY IMPORTANT FOR US TO SORT OF LOOK AT THE LEGAL
19:20:47 FRAMEWORK FOR COMP PLAN GUIDANCE.
19:20:50 FIRST OF ALL, AN OVERARCHING THEME AMONG THE FLORIDA SUPREME
19:20:53 COURT AND YOUR OWN COMP PLAN GUIDING PRINCIPLES THAT ONE
19:20:57 COMPONENT OF THE COMPREHENSIVE PLAN CANNOT BE TAKEN WITHOUT
19:20:59 THE WHOLE.
19:21:00 I'VE LISTED TWO SUPREME COURT CASES AND SUPPORTING CASES AND
19:21:04 HERE'S WHAT THE CASES SAY, AND I HAVE THOSE TO VIEW, IF YOU
19:21:07 WOULD LIKE.
19:21:07 A STATUTE SHOULD BE INTERPRETED TO GIVE EFFECT TO EVERY
19:21:10 CLAUSE IN IT AND ACCORD MEANING AND HARMONY TO ALL OF ITS
19:21:14 PARTS.
19:21:14 ESTABLISHED STATUTORY MAXIMUM EMPHASIZES THAT ALL PARTS OF A
19:21:19 COMPREHENSIVE PLAN SHOULD BE GIVEN EFFECT IN ORDER TO
19:21:22 ACHIEVE A HARMONIOUS WHOLE.
19:21:25 ALSO A PROVISION IN FLORIDA SUPREME COURT CASES THAT TALK
19:21:29 ABOUT THE FACT THAT STATUTORY INTERPRETATION SAYS THAT THE
19:21:31 MORE SPECIFIC PROVISIONS CONTROL OVER MORE GENERAL
19:21:34 PROVISIONS.
19:21:35 FLORIDA SUPREME COURT SAYS WHEN YOU'RE RECONCILING STATUTES
19:21:39 THAT MAY APPEAR TO SAY DIFFERENT THINGS, I.E., NO NET
19:21:42 INCREASE VERSUS LET'S PUT COMMERCIAL IN RESIDENTIAL ON
19:21:45 RATTLESNAKE POINT, LOOK AT THE MORE SPECIFIC OVER THE MORE
19:21:50 GENERAL.
19:21:50 SO WHEN RECONCILING STATUTES, THE RULES OF STATUTORY
19:21:54 CONSTRUCTION PROVIDE THAT A SPECIFIC STATUTE WILL CONTROL.
19:21:58 AND THERE ARE -- THERE IS CASE LAW IN FLORIDA SAYING THAT
19:22:00 RULES OF STATUTORY CONSTRUCTION ARE APPLICABLE TO THE
19:22:03 INTERPRETATION OF COMPREHENSIVE PLAN.
19:22:06 SO WHAT ARE OUR GENERAL POLICIES, RIGHT?
19:22:08 THEY APPLY TO EVERY PIECE OF PROPERTY BUT THEY ARE THE MIXED
19:22:12 USE CENTERS AND CORRIDORS.
19:22:13 THEY ARE THE COASTAL MANAGEMENT ELEMENTS, AND THEY ARE THE
19:22:16 OVERALL RESIDENTIAL DEVELOPMENT AND REDEVELOPMENT
19:22:18 PROVISIONS.
19:22:19 BUT THE SPECIFIC AREA POLICIES TALK SPECIFICALLY ABOUT
19:22:23 RATTLESNAKE POINT, AND THERE ARE VERY SPECIFIC COMPREHENSIVE
19:22:26 PLAN POLICIES THAT DIRECT RESIDENTIAL AND COMMERCIAL MIXED
19:22:30 USE DEVELOPMENT TO THAT POINT.
19:22:33 LAND USE POLICY 8.11.7 SAYS ALSO RESIDENTIAL DEVELOPMENT
19:22:37 WITHIN THE RATTLESNAKE POINT WATERFRONT AREA SHALL BE
19:22:40 REQUIRED TO MITIGATE IMPACT ON HURRICANE SHELTER SPACE.
19:22:44 SO THIS POLICY EMPHASIZES WHAT'S ALSO UNDER THE COASTAL
19:22:48 MANAGEMENT ELEMENT WITH RESPECT TO REZONINGS ON RATTLESNAKE
19:22:52 POINT.
19:22:54 THE SPECIAL MAGISTRATE HAS RECOMMENDED CITY COUNCIL
19:22:57 FAVORABLY CONSIDER THIS PROJECT.
19:23:01 PLANNING COMMISSION STAFF HAS FOUND IT CONSISTENT WITH THE
19:23:03 COMPREHENSIVE PLAN.
19:23:04 YOUR PLANNING STAFF HAS ALSO FOUND IT CONSISTENT WITH THE
19:23:08 LAND DEVELOPMENT CODE.
19:23:09 WE BELIEVE THAT WE HAVE PROVEN OUR BURDEN BY COMPETENT,
19:23:12 SUBSTANTIAL EVIDENCE TONIGHT AND THAT THIS PROJECT IS
19:23:15 COMPATIBLE WITH THE SURROUNDING AREA -- WITH THE
19:23:19 COMPREHENSIVE PLAN.
19:23:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:23:20 >> YES, IF YOU WOULD RESERVE ANY REMAINING TIME FOR
19:23:23 REBUTTAL, WE WOULD APPRECIATE IT.
19:23:27 >>GUIDO MANISCALCO: YOU REACHED THE 15 MINUTES AND 11 SECOND
19:23:30 MARK.
19:23:30 THANK YOU VERY MUCH.
19:23:31 ANY QUESTIONS FOR COUNCIL MEMBERS?
19:23:33 COUNCILMAN CITRO, GO AHEAD, SIR.
19:23:34 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
19:23:36 MS. BATSEL, WONDERFUL PRESENTATION.
19:23:39 I AM HAPPY WITH THE CONCESSIONS THAT HAVE BEEN MADE BY YOU
19:23:44 AND THE COMPANY.
19:23:45 BUT I GO BACK TO MY QUESTION THAT I ASKED MONTHS AGO, AND
19:23:50 YOU WERE UNABLE TO ANSWER IT DUE TO THE LITIGATION WITH CSX.
19:23:55 YOU HAVE ONE PRIVATE ROAD INTO THIS DEVELOPMENT, CORRECT?
19:24:02 >> THAT'S CORRECT.
19:24:03 THERE ARE TWO ACCESS DRIVEWAYS, ACTUALLY, BUT YES, SIR.
19:24:05 >>JOSEPH CITRO: BASICALLY ONE FOR ENTERING AND EXIT.
19:24:10 BUT MY QUESTION WAS TO YOU, CAN I HAVE THE ASSURANCE THAT
19:24:15 THERE WILL NOT BE TRAIN CARS ON THIS ENTRANCE ROAD IN THE
19:24:20 EVENT OF AN EVACUATION?
19:24:22 ARE YOU ABLE TO ANSWER THAT NOW THAT YOU'VE GONE THROUGH
19:24:25 LITIGATION WITH CSX?
19:24:27 >> I CAN'T.
19:24:28 I CAN TELL YOU WHAT CSX POLICIES ARE.
19:24:32 CSX HAS A POLICY ON THIS ROUTE THEY ONLY RUN THREE DAYS A
19:24:35 WEEK, I BELIEVE TUESDAY, THURSDAY, SUNDAY NIGHTS FROM 12 AT
19:24:39 NIGHT TO 6 IN THE MORNING.
19:24:40 AT THE TIME THEY COME UP -- THEIR PROCEDURES MANUAL SAYS
19:24:45 THEY COME UP TO A STOP.
19:24:47 THEY GET OUT.
19:24:48 THEY LIGHT CANDLES.
19:24:49 THEY BLOW THEIR HORN AND IF NO ONE IS COMING ACROSS, THEY
19:24:52 WILL PROCEED ACROSS.
19:24:54 SO THEY DON'T STOP IN FRONT OF ENTRANCES.
19:24:57 THEY MOVE THROUGH ENTRANCES.
19:24:58 THAT'S THEIR POLICY.
19:25:00 SCOTT, I DON'T KNOW IF YOU WANT TO ADD ANYTHING TO THAT?
19:25:03 >> WELL, I CAN, JUST VERY BRIEFLY, MR. CHAIR, MEMBERS OF
19:25:08 COUNCIL, SCOTT MCLAREN, 101 EAST KENNEDY BOULEVARD, WITH
19:25:14 RESPECT TO THE CSX LITIGATION, THE COURT RULED THAT OUR
19:25:19 ACCESS RIGHTS ARE SUPERIOR TO THOSE OF THE RAILROAD TO
19:25:25 UTILIZE THAT TRACK.
19:25:28 ALONG WITH WHAT MS. BATSEL SAID -- WOULD HAVE SUPERIOR
19:25:33 RIGHTS.
19:25:35 CSX WOULD NOT HAVE THE RIGHT TO BLOCKADE OR BLOCK THAT
19:25:37 ACCESS.
19:25:38 THANK YOU.
19:25:44 >>JOSEPH CITRO: THANK YOU VERY MUCH, BECAUSE EVACUATION
19:25:45 WOULD BE USELESS IF PEOPLE COULDN'T GET IN AND OUT OF THAT
19:25:48 DEVELOPMENT.
19:25:48 THANK YOU, MS. BATSEL.
19:25:48 THANK YOU, MR. CHAIR.
19:25:49 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:25:50 ANY OTHER QUESTIONS FROM COUNCIL MEMBERS BEFORE WE GO TO
19:25:52 PUBLIC COMMENT?
19:25:53 MR. DINGFELDER, GO AHEAD, SIR.
19:25:58 YOU ARE MUTED, SIR.
19:26:13 MR. DINGFELDER?
19:26:23 >>JOHN DINGFELDER: SORRY ABOUT THAT.
19:26:24 >>GUIDO MANISCALCO: GO AHEAD, SIR.
19:26:25 >>JOHN DINGFELDER: I WAS NOTING THAT NEVER HAVE WE HAD SO
19:26:28 MANY SCOTTS ON THE SCREEN AT ONE TIME.
19:26:31 WE WELCOME YOU SCOTT STEADY.
19:26:34 WE APPRECIATE YOUR HELP IN GETTING THROUGH THIS AND SCOTT
19:26:36 STIGALL, AS WELL AS SCOTT McLAREN.
19:26:41 BUT ON A SERIOUS NOTE, AND I WANTED TO ASK SUSAN
19:26:44 JOHNSON-VELEZ THIS, MS. BATSEL, TAKING THE OPPORTUNITY THIS
19:26:50 EVENING TO SORT OF RELITIGATE THE CASE IN REGARD TO THE
19:26:55 CONTROVERSIAL ISSUES ABOUT HOW WE INTERPRET COASTAL HIGH
19:26:59 HAZARD ZONE, AND I HAVE NO PROBLEM WITH THAT.
19:27:02 THAT'S HER RIGHT.
19:27:03 MY CONCERN IS IF WE SUPPORT THIS PARTICULAR PETITION, DOES
19:27:12 THAT MEAN WE ARE BOUND BY THE INTERPRETATIONS THAT SHE HAS
19:27:14 MADE TONIGHT.
19:27:15 IN OTHER WORDS, DOES THAT CREATE SOME LEVEL OF PRECEDENT FOR
19:27:22 OTHER PROJECTS DOWN THE ROAD AS RELATED TO THOSE PROVISIONS?
19:27:28 BECAUSE RIGHT NOW, THOSE PROVISIONS ARE STILL ON THE BOOKS.
19:27:32 I RESPECT MS. BATSEL TREMENDOUSLY.
19:27:35 GREAT ATTORNEY.
19:27:36 I MIGHT DIFFER WITH HER ON SOME OF THESE ISSUES.
19:27:39 BUT I DON'T CARE TO DIFFER WITH HER TONIGHT, BUT I DO HAVE
19:27:45 THOSE CONCERNS IN REGARD TO ANY KIND OF PRECEDENT DOWN THE
19:27:50 ROAD, ESPECIALLY AS RELATED TO WHAT IS THE DEFINITION OF NO
19:27:54 NET INCREASE AND HOW IT COULD BE APPLIED AND THAT SORT OF
19:27:57 THING.
19:27:58 AGAIN, PERHAPS MR. STEADY CAN EVEN HELP US A LITTLE BIT
19:28:02 HERE.
19:28:06 I THINK YOU UNDERSTAND MY CONCERN, MS. VELEZ OR MR. STIGALL.
19:28:16 >>SUSAN JOHNSON-VELEZ: WELL, THE APPLICANT HAS PRESENTED
19:28:18 EVIDENCE FOR YOUR CONSIDERATION, AND IT'S UP TO COUNCIL TO
19:28:26 DETERMINE WHETHER THE EVIDENCE, GIVE THE APPROPRIATE WEIGHT
19:28:30 TO THE EVIDENCE THAT YOU BELIEVE THAT IT DESERVES.
19:28:33 >>JOHN DINGFELDER: RIGHT.
19:28:36 I DON'T NECESSARILY HAVE A PROBLEM WITH APPROVING AND VOTING
19:28:39 IN FAVOR OF THIS SETTLEMENT AGREEMENT, OF THIS REZONING AS
19:28:45 IT RELATES TO THE SETTLEMENT AGREEMENT.
19:28:49 I THINK IT WAS A GOOD SETTLEMENT.
19:28:50 I THINK MR. STEADY DID A GOOD JOB.
19:28:52 I THINK EVERYBODY DID A GOOD JOB INCLUDING MS. BATSEL IN
19:28:56 COMING TO A REASONABLE SOLUTION.
19:28:57 MY ONLY CONCERN IS EVERYTHING PLACED ON THE RECORD, KIND OF
19:29:01 RELITIGATE THE ISSUE ABOUT NO NET INCREASE AND HOW SHE
19:29:06 INTERPRETS THE COMPREHENSIVE PLAN BY US APPROVING IT AND
19:29:09 VOTING FOR IT, DOES IT CREATE A PRECEDENT IN REGARD TO HOW
19:29:13 WE ADDRESS THESE SAME ISSUES IN OTHER COASTAL HIGH HAZARD
19:29:20 PETITIONS?
19:29:28 >>SUSAN JOHNSON-VELEZ: I DON'T BELIEVE SO, SIR.
19:29:31 SHE HAS PRESENTED -- MADE HER CASE, SIMILAR TO STAFF HAS
19:29:34 PRESENTED THEIR OPINION AND EXPERT OPINION FOR THE
19:29:38 APPLICANT.
19:29:39 SO, AGAIN, COUNCIL'S JOB TO DETERMINE WHAT AMOUNT OF WEIGHT
19:29:46 TO GIVE TO THE RELATIVE TESTIMONY THAT YOU'VE HEARD THIS
19:29:49 EVENING.
19:29:50 >>JOHN DINGFELDER: OKAY.
19:29:52 I'M COMFORTABLE WITH THAT.
19:29:53 THANK YOU.
19:29:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:29:54 COUNCILMAN GUDES.
19:29:59 >>ORLANDO GUDES: MR. STIGALL IS THE LITIGATOR, CORRECT?
19:30:06 >> MR. STIGALL IS THE LITIGATOR, YES.
19:30:10 >>ORLANDO GUDES: IN LIGHT OF THAT AND WHAT MR. DINGFELDER'S
19:30:12 QUESTION, WHAT'S HIS OPINION AS WELL SINCE WE HAVE THE
19:30:15 LITIGATOR HELP LITIGATE THE CASE?
19:30:19 ARE WE SETTING A PRECEDENT?
19:30:21 I THINK IT'S A VALID QUESTION.
19:30:24 I'M ASKING MS. VELEZ, ASK YOU, SINCE YOU ARE THE LITIGATOR
19:30:36 AND YOU LITIGATED THIS CASE APPARENTLY, TO MR. DINGFELDER'S
19:30:40 QUESTION, WOULD WE BE SETTING A PRECEDENT IN CASE WE COME
19:30:43 ACROSS THIS AGAIN IN ANOTHER HIGH COASTAL AREA?
19:30:47 >> I DON'T BELIEVE SO, SIR.
19:30:49 THE CASE HAS BEEN STAYED, SO IN TERMS OF THE LITIGATION,
19:30:52 NOTHING HAS REALLY OCCURRED OTHER THAN THE CASE WAS FILED
19:30:55 WITH THE VARIOUS CLAIMS.
19:30:57 THE VARIOUS CLAIMS ALREADY MEDIATED AS PART OF THE 7051
19:31:03 RESOLUTION.
19:31:04 SO THAT HAS NOT GONE ANYWHERE YET.
19:31:08 CREATE ANY TYPE OF PRECEDENT THAT YOU'RE SAYING.
19:31:10 IN TERMS OF THE CITY COUNCIL MAKING A DECISION TODAY, I
19:31:13 MEAN, OBVIOUSLY THE FACTS OF THIS PARTICULAR PROPERTY ARE
19:31:15 GOING TO BE INDEPENDENT OR DEPENDENT ON THESE PARTICULAR SET
19:31:20 OF FACTS AND THE LOCATION.
19:31:23 CITY COUNCIL, AS YOU ALL KNOW, CAN MAKE ANY DECISION IT
19:31:26 WANTS AT ANY GIVEN TIME.
19:31:28 IT WILL NOT CREATE A PRECEDENT FROM A LEGAL POSITION IN
19:31:31 TERMS OF IF THE CASE GETS RESOLVED TODAY AND IS SETTLED, IT
19:31:35 IS A SETTLEMENT OF THE CASE.
19:31:37 NOTHING OCCURS ON THE RECORD WITHIN THE CASE ITSELF.
19:31:39 NO PRECEDENTIAL VALUE IS CREATED AT ALL.
19:31:42 THE CASE WOULD SIMPLY BE DISMISSED AS A RESULT OF IT BEING
19:31:45 SETTLED HERE TODAY.
19:31:49 >>ORLANDO GUDES: MY LAST QUESTION, MR. CHAIRMAN, GOING BACK
19:31:53 TO MR. CITRO'S QUESTION, I THINK THE LITIGATION IS GOOD WITH
19:32:00 THE MEDIATION, BUT I DO HAVE A CONCERN, I HOPE I'M NOT GOING
19:32:05 TOO FAR OFF, THE CSX, MAKING SURE -- I'M CONCERNED IF THAT'S
19:32:14 A POLICY THAT THE COURT -- SOMETHING WE NEED TO BE LOOKING
19:32:19 AT TO MAKE SURE IT IS A PART OF THIS SITUATION.
19:32:22 I'M JUST CONCERNED, A TRAIN BLOCKING THAT ENTRANCE WAY AND
19:32:26 FOLKS CAN'T GET OUT DURING AN EVACUATION OCCURRENCE.
19:32:35 >> SOMEONE NEED ME TO ANSWER THAT OR A QUESTION FOR SOMEONE
19:32:38 ELSE?
19:32:39 >>ORLANDO GUDES: YOU OR MS. VELEZ.
19:32:47 >> SUSAN, DO YOU WANT TO TAKE THAT?
19:32:49 I CAN TAKE IT.
19:32:51 >>SUSAN JOHNSON-VELEZ: YES, GO AHEAD, I WOULD DEFER TO YOU.
19:33:00 >> ALL RIGHT.
19:33:03 I WAS TRYING TO LISTEN TO PART OF THE QUESTION.
19:33:05 UNFORTUNATELY, I'M BEING DISTRACTED AROUND HERE.
19:33:08 IF I UNDERSTAND CORRECTLY, YOU STILL HAVE THIS QUESTION WITH
19:33:11 REGARD TO THE RAILROAD TRACKS.
19:33:13 I'M TRYING TO MAKE SURE I UNDERSTAND THE QUESTION.
19:33:15 >>ORLANDO GUDES: TO MR. CITRO'S POINT, I KNOW HE SAID
19:33:18 THROUGH THE OTHER LITIGATION, THEY ARE LITIGATING THAT NOW.
19:33:21 I WANT TO KNOW AT THIS PARTICULAR POINT DOES THIS COUNCIL
19:33:25 NEED TO LOOK AT THAT?
19:33:27 BECAUSE WE'RE CONCERNED, A TRAIN BLOCKS THE ENTRANCE WAY
19:33:32 DURING AN EVACUATION.
19:33:34 CERTAIN HOURS, BUT IS THAT GOING TO BE SOMEHOW WRITTEN INTO
19:33:38 OUR PLAN SAYING THAT THIS IS MAKING SURE WE HAVE THAT
19:33:41 PROVISION KNOWING THAT CSX IS NOT GOING TO HAVE A TRAIN COME
19:33:45 THROUGH.
19:33:46 SOME KIND OF PROVISION OR STRICTLY WHAT THEY ARE DOING WITH
19:33:49 THE OTHER LEGAL COURT CASE?
19:33:54 >> -- NECESSARILY DETERMINED BY CSX PROCEDURES AS YOU
19:33:57 ALREADY HEARD FROM PETITIONER'S COUNSEL IN TERMS OF THE WAY
19:34:01 THE RAILROAD TRACKS WORK.
19:34:03 IN TERMS OF THIS SETTLEMENT, WE AS THE CITY HAVE TO MAKE
19:34:07 SURE WE HAVE APPROPRIATE ACCESS TO THE PROPERTY.
19:34:10 WE BELIEVE THAT THERE IS APPROPRIATE ACCESS TO THE PROPERTY,
19:34:14 THAT IT WILL NOT BE IMPACTED AS A RESULT OF THE RAILROAD
19:34:18 SCHEDULE.
19:34:19 BOTH CITY STAFF AND THE PLANNING STAFF HAVE LOOKED AT THE
19:34:22 SAME ISSUE AND HAVE DETERMINED THAT IN THIS PARTICULAR
19:34:25 SITUATION, IT WOULD BE CONSISTENT WITH BEING ABLE TO HAVE
19:34:30 ACCESS SAFE AND COMPLETE ACCESS TO THE PROPERTY, YES.
19:34:33 >>ORLANDO GUDES: MR. CHAIRMAN, I YIELD BACK.
19:34:36 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:34:36 COUNCILMAN CARLSON, YES, SIR.
19:34:41 >>MARTIN SHELBY: MR. CHAIRMAN, I WANT TO MAKE ONE COMMENT
19:34:44 JUST BEFORE WE CONTINUE, NOT KNOWING WHAT DIRECTION MR.
19:34:48 CARLSON IS GOING TO TAKE, BUT I JUST WANTED TO REMIND
19:34:51 COUNCIL THAT THERE ARE PUBLIC SPEAKERS, MEMBERS OF THE
19:34:54 PUBLIC THAT HAVE YET TO SPEAK.
19:34:56 SO MY SUGGESTION IS THAT YOU DON'T MAKE ANY CONCLUSORY
19:35:02 COMMENTS UNTIL YOU HEAR THE ENTIRE CASE.
19:35:04 IF YOU HAVE ANY QUESTIONS, TO ASK THE QUESTIONS OF THE
19:35:07 PETITIONER PRESENT AND IF YOU HAVE ANY COMMENTS AFTERWARDS,
19:35:11 THEN BEFORE THE HEARING CLOSES, YOU CAN CORRECT THEM THEN.
19:35:14 >>GUIDO MANISCALCO: COUNCILMAN CARLSON, REMEMBER, AFTER
19:35:17 PUBLIC COMMENT, THERE IS THE FIVE-MINUTE REBUTTAL AND THEN
19:35:20 WE CAN GO FROM THERE.
19:35:21 >>BILL CARLSON: ONE OF THE THINGS WE'RE ACCUSED OF IS
19:35:24 LISTENING TO THE PUBLIC AND NOT LISTENING TO EXPERTS.
19:35:26 I THINK IT'S A GOOD POINT TO ASK THE EXPERTS BEFORE WE HEAR
19:35:29 FROM THE PUBLIC SO THAT WOULDN'T HAPPEN AGAIN.
19:35:32 MR. STIGALL, WHETHER WE APPROVE OR REJECT THIS, ARE WE
19:35:38 CONFINED TO THE REASONS WE USED TO REJECT IT LAST TIME OR
19:35:42 ARE WE ABLE TO PUT NEW COMPETENT SUBSTANTIAL EVIDENCE INTO
19:35:45 THE RECORD?
19:35:48 >> IT'S A NEW PLAN.
19:35:49 IT'S A NEW PROPOSAL.
19:35:51 IN ADDITION TO BEING A PROPOSAL THAT MEETS THE CODE
19:35:54 REQUIREMENTS, IT'S ALSO A PROPOSAL TO SETTLE A CLAIM THAT'S
19:35:58 IN THE PUBLIC INTEREST.
19:35:59 WE'RE OBVIOUSLY TRYING TO STAVE OFF THE POSSIBILITY OF
19:36:03 POTENTIAL TAX DOLLARS BEING SPENT ON LITIGATING THIS MATTER
19:36:06 AND POTENTIAL BAD RESULT, NOT SAYING THAT WOULD OCCUR, BUT
19:36:10 THOSE ARE WHAT WE'RE TRYING TO CONSIDER.
19:36:12 YES, TODAY, YOU ARE LOOKING AT A DIFFERENT PROCEDURE, A
19:36:17 DIFFERENT HEARING THAN YOU HAVE BEFORE.
19:36:19 YES, YOU ARE LOOKING AT AND EVALUATING THE PROPOSAL THAT'S
19:36:24 BEFORE YOU TODAY VERSUS WHAT WAS DONE BEFORE WAS A DIFFERENT
19:36:29 SITUATION.
19:36:29 YES, YOU HAVE NEW FACTS, NEW PATTERN AND A NEW PROPOSAL FROM
19:36:33 THE PETITIONER.
19:36:35 >>SUSAN JOHNSON-VELEZ: I ALSO WANT TO REMIND YOU OF THE
19:36:42 THREE OPTIONS THAT I OUTLINED FOR YOU DURING MY PRESENTATION
19:36:46 OF WHAT ACTION YOU COULD TAKE WITH REGARD TO THIS PROPOSAL.
19:36:49 YOU CAN ACCEPT THE PROPOSAL, YOU CAN REJECT IT, OR YOU CAN
19:36:52 MODIFY IT WITH THE APPLICANT'S CONCURRENCE TO ANY
19:36:57 MODIFICATIONS YOU MAY HAVE.
19:36:59 THERE MAY BE SOME MODIFICATIONS YOU WOULD LIKE THE APPLICANT
19:37:01 TO CONSIDER THAT WOULD ADDRESS THE CONCERNS THAT YOU ALL ARE
19:37:07 -- AND THAT'S CERTAINLY SOMETHING THAT'S ALLOWED UNDER THE
19:37:10 70.51 STATUTE.
19:37:13 >>BILL CARLSON: IF I COULD ASK MR. HEY ONE QUESTION REAL
19:37:17 FAST.
19:37:17 MR. HEY, COULD YOU TELL US ONE OF THE THINGS IS THAT THIS IS
19:37:24 UNDER INDUSTRIAL DESIGNATION RIGHT NOW.
19:37:31 TELL ME IF I'M NOT ALLOWED TO ASK THE QUESTION, BUT IS
19:37:34 INDUSTRIAL DESIGNATED LAND, IS IT SCARCE CITYWIDE OR --
19:37:40 SOMEBODY IS TALKING -- AND THEN SECOND, THOUGH, IT SAID THAT
19:37:43 IT WAS STATED EARLIER THAT THE FUTURE COMPREHENSIVE
19:37:46 DESIGNATION IS SOMETHING -- IS NOT INDUSTRIAL.
19:37:49 SO WHAT WOULD BE THE TRIGGER THAT WOULD CAUSE IT TO GO FROM
19:37:52 ONE TO THE OTHER?
19:37:54 WOULD CITY COUNCIL HAVE TO MAKE THAT DECISION OR IS THAT AN
19:37:57 AUTOMATIC THING THAT WOULD HAPPEN AT SOME POINT IN THE
19:38:00 FUTURE?
19:38:04 >> LET ME PROVIDE SOME CONTEXT.
19:38:06 YEARS AGO THAT PENINSULA, RATTLESNAKE POINT, WAS ALL
19:38:11 INDUSTRIAL.
19:38:12 IT HAD AN INDUSTRIAL LAND USE CATEGORY.
19:38:15 OVER THE LAST 15, 20 YEARS, I THINK THE APPLICANT HAS SHOWN
19:38:21 THIS IN THEIR PRESENTATION, THERE'S BEEN A SHIFT ON THAT
19:38:25 PENINSULA TO CHANGE THE FUTURE LAND USE DESIGNATIONS TO A
19:38:33 COMMUNITY MIXED USE-35 TO ALLOW OTHER DEVELOPMENT BESIDES
19:38:42 INDUSTRIAL.
19:38:44 THERE'S ALSO SPECIFIC LANGUAGE IN THERE DEALING WITH THE
19:38:48 RATTLESNAKE POINT DEVELOPMENT AREA.
19:38:52 THAT WAS ORIGINALLY DEVELOPED THROUGH A SETTLEMENT AGREEMENT
19:38:56 WITH PROPERTY OWNERS IN THE CITY LEGAL DEPARTMENT YEARS AGO,
19:39:01 THAT THAT LANGUAGE HAS BEEN CHANGED I THINK TWO OR THREE
19:39:05 TIMES SINCE THEN BY PRIVATE APPLICANTS, YOU NOW HAVE THE
19:39:11 SPECIFIC LANGUAGE YOU SEE IN THERE TODAY.
19:39:13 BUT WHEN WE LOOK AT INDUSTRIAL LANDS, WE DON'T VIEW THIS
19:39:19 PARCEL AS INDUSTRIAL LONG TERM ANY LONGER.
19:39:24 ONCE THE UNDERLYING FUTURE LAND USE HAS BEEN CHANGED, IT IS
19:39:29 NOT REALLY INDUSTRIAL OR TO REMAIN INDUSTRIAL INTO THE
19:39:34 FUTURE.
19:39:35 NOW, YOU'VE GOT AN EXISTING ZONING DISTRICT ON THERE THAT'S
19:39:38 A REMNANT FROM WHEN IT WAS INDUSTRIAL, AND IT WAS USED FOR
19:39:44 INDUSTRIAL UP UNTIL PROBABLY A YEAR AGO IS MY UNDERSTANDING.
19:39:49 AND PART OF THAT SPECIAL LANGUAGE WITHIN THE COMPREHENSIVE
19:39:54 PLAN DOES ALLOW FOR PROPERTY OWNERS JUST ON RATTLESNAKE
19:39:58 POINT TO CONTINUE TO DO INDUSTRIAL DEVELOPMENT AND USES IN A
19:40:03 CMU-35 DISTRICT, TYPICALLY ANYWHERE ELSE IN THE CITY THAT
19:40:08 WOULD NOT BE PERMITTED.
19:40:10 SO, YES, INDUSTRIAL LAND IS LIMITED, BUT THAT DECISION WAS
19:40:16 MADE YEARS AGO TO REMOVE THIS PROPERTY OUT OF INDUSTRIAL
19:40:21 CONSIDERATION BY A PREVIOUS CITY COUNCIL.
19:40:23 HOPEFULLY THAT ANSWERS YOUR QUESTION.
19:40:26 >>BILL CARLSON: THANK YOU.
19:40:28 >>GUIDO MANISCALCO: COUNCILMAN CITRO, YES, SIR.
19:40:31 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
19:40:33 THEN TO FOLLOW-UP, MR. HEY, TO FOLLOW-UP ON COUNCILMAN
19:40:37 CARLSON'S QUESTIONS, OUT OF ALL THE INDUSTRIAL USE ON
19:40:40 RATTLESNAKE POINT, HOW MANY INDUSTRIAL BUSINESSES ARE THERE
19:40:45 NOW?
19:40:47 >>DAVID HEY: WELL, I DON'T HAVE A SPECIFIC NUMBER.
19:40:50 I DO BELIEVE THAT A NUMBER OF THE PARCELS DESIGNATED
19:40:54 COMMUNITY MIXED USE-35 ARE STILL OPERATING SOME SORT OF
19:40:59 INDUSTRIAL USES.
19:41:01 SOME HAVE TRANSITIONED OUT.
19:41:03 WE'VE SEEN RESTAURANTS OPENING OUT THERE ON THE RATTLESNAKE
19:41:07 POINT.
19:41:08 SO THE PLAN DOES GIVE THESE PROPERTY OWNERS FLEXIBILITY TO
19:41:12 CONTINUE EITHER DOING INDUSTRIAL OR TO TRANSITION INTO THAT
19:41:17 MORE MIXED USE PATTERN THAT'S NOW ENVISIONED UNDER THE
19:41:24 COMPREHENSIVE PLAN AND HAS BEEN APPROVED BY PREVIOUS
19:41:28 COUNCILS.
19:41:28 >>JOSEPH CITRO: THANK YOU, MR. HEY.
19:41:32 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:41:34 LET'S GO TO PUBLIC COMMENT.
19:41:36 WE HAVE FOUR SPEAKERS, I BELIEVE, WAITING TO SPEAK.
19:41:41 GO AHEAD AND, OF COURSE, STATE YOUR NAME AND ADDRESS FOR THE
19:41:45 RECORD.
19:41:48 >>THE CLERK: JIM CREW, CITY CLERK'S OFFICE.
19:41:50 WE DO HAVE FOUR INDIVIDUALS REGISTERED TO SPEAK.
19:41:52 I WILL BRING THEM INTO THE MEETING INDIVIDUALLY TO BE SWORN
19:41:57 IN AND SPEAK.
19:41:58 OUR FIRST SPEAKER IS RON NOBLE, WHO I WILL BRING INTO THE
19:42:04 MEETING NOW.
19:42:06 >>GUIDO MANISCALCO: YOU WILL SWEAR THEM IN AS YOU SAID
19:42:09 INDIVIDUALLY.
19:42:11 >>THE CLERK: I DO NOT HAVE THE ABILITY TO MAKE HIM A
19:42:17 PANELIST.
19:42:18 LET ME MOVE ON TO THE NEXT ONE.
19:42:23 STEPHANIE POYNOR.
19:42:24 STEPHANIE, IF YOU'LL TURN ON YOUR MICROPHONE AND CAMERA AND
19:42:33 BE SWORN IN, PLEASE.
19:42:43 >> CAN YOU SEE ME?
19:42:45 >>GUIDO MANISCALCO: WE CAN HEAR YOU.
19:42:48 >> YOU CAN HEAR ME.
19:42:55 >>GUIDO MANISCALCO: NOT YET.
19:42:56 IT SHOULD BE LOADING.
19:43:00 >> I'M OLD, AND I CAN'T SEE.
19:43:01 I THINK MY CAMERA SHOULD BE ON.
19:43:13 WAIT, WAIT, THERE WE GO.
19:43:15 CAN YOU SEE ME?
19:43:19 >>GUIDO MANISCALCO: CAN EVERYONE SEE HER?
19:43:21 NO.
19:43:30 >> OKAY.
19:43:31 HOLD ON.
19:43:32 I DIDN'T PUSH THE BUTTON YET.
19:43:33 >>GUIDO MANISCALCO: THERE WE GO.
19:43:34 NOW WE CAN SEE YOU.
19:43:36 GO AHEAD.
19:43:37 >> SORRY.
19:43:37 >>GUIDO MANISCALCO: THE CLERK IS GOING TO SWEAR YOU IN NOW.
19:43:40 >>THE CLERK: PLEASE RAISE YOUR RIGHT HAND.
19:43:44 DO YOU SWEAR OR AFFIRM YOU WOULD TELL THE TRUTH, THE WHOLE
19:43:47 TRUTH AND NOTHING BUT THE TRUTH?
19:43:50 >> I DO.
19:43:50 >>THE CLERK: THANK YOU.
19:43:56 >> IS IT TIME?
19:43:57 >>GUIDO MANISCALCO: YES, GO AHEAD.
19:43:59 YOU HAVE THREE MINUTES.
19:44:00 >> MY NAME IS STEPHANIE POYNOR.
19:44:02 AND I LIVE AT 7709 LANDCARE LANE IN SOUTH TAMPA, SOUTH OF
19:44:07 GANDY.
19:44:07 I JUST WANT TO SAY THAT I THANK THE LEGAL TEAM FOR THE CITY
19:44:15 FOR ALL THEIR WORK IN MEDIATION.
19:44:17 I'D ALSO LIKE TO SAY THAT THEY HAVE REALLY DONE A FANTASTIC
19:44:22 JOB IN REPRESENTING THE CITY.
19:44:25 BUT I'D LIKE TO ALSO REACH OUT FOR A COUPLE OF THINGS.
19:44:29 ONE, IT'S BETTER THAN IT WAS.
19:44:31 TWO, WE'RE STILL NOT HAPPY ABOUT IT.
19:44:37 TWO, I DIDN'T LISTEN TO THE ENTIRE MEETING BECAUSE I WAS
19:44:40 DOING MY JOB, AND WE NEVER, EVER HEARD FROM THIS DEVELOPER
19:44:49 OUTSIDE OF BEING INVITED TO MEDIATION.
19:44:53 MR. STEADY SPOKE TO US AT THE MEETING, WHICH WE ALL CAME TO.
19:44:58 THAT WAS THE ONLY TIME THAT WE SPOKE WITH ANYONE OUTSIDE OF
19:45:02 EVERYONE EMPLOYED BY THE CITY.
19:45:04 IF THEY SAID WE APPROVED AND WE THOUGHT IT WAS A GREAT IDEA,
19:45:10 MAYBE THEY SHOULD CHECK ON WHO WAS THERE, BECAUSE WHEN WE
19:45:14 WENT TO THE MEETING, IT WAS ME AND JEAN STROHMEYER.
19:45:18 THAT WAS IT.
19:45:18 SO I DON'T KNOW WHO THEY TALKED TO, BUT IT WASN'T THE TWO OF
19:45:22 US.
19:45:23 I'D LIKE TO SAY THAT NO ONE WHO LIVES IN THAT COMMUNITY
19:45:28 THOUGH IS PAYING THAT MUCH MONEY FOR RENT WHO HAS A CAR IS
19:45:32 EVER GOING TO TAKE A BUS OUT OF SOUTH TAMPA.
19:45:35 THEY ARE NOT GOING TO LEAVE THEIR CAR SITTING IN A GARAGE.
19:45:39 ON AND ON AND ON ALL DAY LONG, BUT THE BOTTOM LINE IS WE
19:45:43 DON'T LIKE THIS PLAN.
19:45:45 WE APPRECIATE ALL OF THE HARD WORK FROM THE LEGAL COUNSEL IN
19:45:49 THIS SITUATION.
19:45:50 WE APPRECIATE THAT THEY HAVE QUASHED DOWN SOME OF THIS.
19:45:55 WE DO NOT APPRECIATE THAT THERE'S NOT A MIXED USE IN THIS.
19:45:59 I CANNOT UNDERSTAND WHY THESE DEVELOPERS FAIL TO SEE THE
19:46:04 VALUE IN MAKING THESE COMMUNITIES WHO ARE WATERFRONT
19:46:08 SOMETHING THAT'S USABLE BY THE ENTIRE COMMUNITY SUCH AS WHAT
19:46:13 THEY HAVE DOWNTOWN AT RIVERFRONT.
19:46:16 WHY CAN WE NOT MAKE THIS A WALKABLE SITUATION?
19:46:20 IT WOULD ACTUALLY ADD VALUE TO THEIR COMMUNITY.
19:46:23 AND WHEN MR. STEADY CAME TO SPEAK TO US, HE SAID WOULD YOU
19:46:26 LIKE TO SEE SOME RETAIL SPACE?
19:46:28 AND WE'RE LIKE, YES, THAT WOULD MAKE IT MORE AGREEABLE.
19:46:31 BUT PLEASE DO NOT THINK BY ANY STRETCH OF THE IMAGINATION
19:46:34 THAT ANYONE ON THE DEVELOPMENT SIDE HAS EVER REACHED OUT TO
19:46:39 US PERSONALLY, PROFESSIONALLY, OR OTHERWISE.
19:46:43 WE HAVE NEVER HEARD FROM ANYONE, AND THAT GOES FOR ME, JEAN
19:46:48 STROHMEYER, CARROLL ANN BENNETT, AND IT ALSO GOES FOR MR.
19:46:52 MEADOWS, WE ALL TALK TO EACH OTHER.
19:46:56 I DON'T KNOW WHO THEY TALKED TO, BUT IT WASN'T ANYBODY
19:47:00 INVOLVED IN THE SITUATION AND STANDING UP IN FRONT OF CITY
19:47:02 COUNCIL.
19:47:04 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:47:06 >> THANK YOU.
19:47:07 >>GUIDO MANISCALCO: ALL RIGHT.
19:47:08 NEXT SPEAKER, PLEASE.
19:47:17 >>THE CLERK: THE NEXT SPEAKER WILL BE CARROLL ANN BENNETT,
19:47:20 WHO I AM MOVING INTO THE PANELIST POSITION.
19:47:23 NOW.
19:47:26 MS. BENNETT, IF YOU'LL TURN ON YOUR MICROPHONE AND CAMERA
19:47:33 AND BE SWORN IN, PLEASE.
19:47:37 >>GUIDO MANISCALCO: ALL RIGHT.
19:47:38 WE SEE YOU.
19:47:46 >> OKAY.
19:47:47 YOU CAN SEE ME?
19:47:49 >>GUIDO MANISCALCO: WE CAN SEE YOU AND WE CAN HEAR YOU.
19:47:51 >> OKAY.
19:47:52 I'M READY TO BE SWORN IN.
19:47:54 >>MARTIN SHELBY: I CAN'T SEE HER.
19:47:55 I'M SORRY.
19:47:56 >>GUIDO MANISCALCO: OKAY.
19:47:57 SHE APPEARED ON MY SCREEN.
19:48:02 >>ORLANDO GUDES: SHE WAS THERE AND BLANKED OFF.
19:48:06 >>MARTIN SHELBY: MR. CREW, HOW MANY PEOPLE CAN APPEAR ON THE
19:48:10 SCREEN?
19:48:10 WHAT'S THE MAXIMUM NUMBER OF PEOPLE.
19:48:13 IF I TURN MYSELF OFF, DOES THAT MAKE ROOM FOR HER?
19:48:17 >>BILL CARLSON: I THINK WE NEED TO HELP MS. POYNOR SIGN OFF,
19:48:22 TOO.
19:48:22 >> YES, PLEASE.
19:48:27 >>THE CLERK: WE CAN HAVE 25 INDIVIDUAL PANELISTS ON THE
19:48:31 SCREEN AT ANY TIME.
19:48:32 >>THE CLERK: PLEASE RAISE YOUR RIGHT HAND.
19:48:40 DO YOU SWEAR OR AFFIRM YOU WOULD TELL THE TRUTH, THE WHOLE
19:48:43 TRUTH AND NOTHING BUT THE TRUTH?
19:48:46 >> YES, I DO.
19:48:47 >>THE CLERK: THANK YOU.
19:48:48 >>GUIDO MANISCALCO: GO AHEAD.
19:48:49 YOU HAVE THREE MINUTES.
19:48:50 >> BEFORE YOU START MY TIME, I WAS INSTRUCTED THAT I NEED TO
19:48:54 LET SOMEONE KNOW THAT AT SOME POINT I WANT TO SHARE MY
19:48:58 SCREEN.
19:48:58 I NEED TO LET YOU KNOW THAT.
19:49:01 ALSO, I WAS INSTRUCTED THAT NORMALLY AT A CITY COUNCIL
19:49:05 MEETING PEOPLE CAN DONATE MINUTES.
19:49:08 THERE'S NO PROVISION FOR THAT HERE.
19:49:10 IF THERE WERE A PROVISION, I COULD HAVE GOTTEN A DOZEN
19:49:13 PEOPLE TO DONATE MINUTES AND GOTTEN THE MAXIMUM TIME.
19:49:16 BUT THERE'S NO PROVISION FOR THAT, BUT I WAS TOLD I COULD
19:49:20 ASK FOR EXTRA TIME, AND THAT WAS AT YOUR DISCRETION TO GRANT
19:49:24 THAT TO ME.
19:49:26 >>GUIDO MANISCALCO: MR. SHELBY, WHAT DO YOU THINK ABOUT
19:49:28 THAT?
19:49:32 WE DON'T HAVE THE LIVE SITUATION FOR PEOPLE TO RAISE THEIR
19:49:35 HAND --
19:49:36 >>MARTIN SHELBY: COUNCIL ADDRESSED THAT WHEN IT PASSED
19:49:39 RESOLUTION 220-490 ON AUGUST 6th, AND BASICALLY WHAT IT
19:49:47 SAID WAS THIS, REFERRING TO RULE 5C OF THE RULES OF
19:49:50 PROCEDURE, WHICH YOU KNOW AS THE SPEAKER WAIVER FORM, THE
19:49:56 RESOLUTION SAID THAT RULE 5C, THE USE OF A SPEAKER WAIVER
19:50:02 FORM IS SUSPENDED.
19:50:04 REPRESENTATIVES OF ORGANIZATIONS OR ASSOCIATIONS AT PUBLIC
19:50:07 HEARINGS MAY REQUEST ADDITIONAL TIME IN THE SOLE DISCRETION
19:50:12 OF CITY COUNCIL.
19:50:13 IN QUASI-JUDICIAL MATTERS, RULE 6B APPLIES.
19:50:17 I'D LIKE YOU TO HEAR WHAT RULE 6B SAYS.
19:50:21 THIS HAS COME UP IN THE PAST.
19:50:22 IT SAYS REQUESTS FOR ADDITIONAL TIME MAY ONLY BE GRANTED IF
19:50:26 THE PARTICIPANT MAKING THE REQUEST ESTABLISHES TO THE
19:50:30 SATISFACTION OF COUNCIL THAT ADDITIONAL TIME IS NECESSARY TO
19:50:34 AFFORD PROCEDURAL DUE PROCESS.
19:50:37 COUNCIL MEMBERS SHALL BY MAJORITY VOTE GRANT OR DENIAL THE
19:50:43 REQUEST AND DETERMINE THE ADDITIONAL TIME NECESSARY, IF ANY.
19:50:48 IN THE EVENT THAT A PARTICIPANT IN A QUASI-JUDICIAL PUBLIC
19:50:52 HEARING IS GIVEN ADDITIONAL TIME TO MAKE A PRESENTATION,
19:50:55 THEN THE PETITIONER MAY REQUEST ADDITIONAL TIME FOR THE
19:50:59 PURPOSES OF REBUTTAL, AS NECESSARY, TO AFFORD PROCEDURAL DUE
19:51:04 PROCESS.
19:51:05 SO IT APPEARS THAT MS. BENNETT IS MAKING THE REQUEST.
19:51:09 I DON'T KNOW FOR HOW MUCH TIME SHE'S REQUESTING, AND, AGAIN,
19:51:15 IT IS AT THE DISCRETION OF COUNCIL BY MAJORITY VOTE,
19:51:18 ASSUMING THERE IS A MOTION MADE BASED ON WHAT COUNCIL'S
19:51:21 FINDING IS.
19:51:22 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:51:23 HOW MUCH TIME WOULD YOU NEED EXTRA BEYOND THE THREE MINUTES?
19:51:28 >> COULD I GET FOUR EXTRA MINUTES?
19:51:31 >>GUIDO MANISCALCO: YOU WANT A TOTAL OF SEVEN MINUTES?
19:51:33 >> SURE.
19:51:34 >>GUIDO MANISCALCO: ALL RIGHT, COUNCIL, HOW DO YOU FEEL
19:51:36 ABOUT THAT AND CAN WE GET A MOTION TO APPROVE?
19:51:38 >>JOHN DINGFELDER: DINGFELDER MOVES TO GIVE HER SEVEN
19:51:42 MINUTES.
19:51:43 I THINK OUT OF FAIRNESS IN THIS CIRCUMSTANCES, IT WOULD
19:51:47 SATISFY DUE PROCESS.
19:51:48 >>GUIDO MANISCALCO: OKAY, DO WE HAVE A SECOND?
19:51:50 >>BILL CARLSON: SECOND.
19:51:51 >>GUIDO MANISCALCO: WE HAVE A SECOND FROM COUNCILMAN
19:51:52 CARLSON, YES, MR. SHELBY.
19:51:55 >>MARTIN SHELBY: I WONDER IF THERE'S SOMETHING MS. BATSEL
19:51:58 WISHES TO STATE OR PUT ON THE RECORD OR SHOULD WE MOVE
19:52:01 FORWARD AND IF YOU NEED ADDITIONAL TIME, YOU CAN MAKE THAT
19:52:04 REQUEST OF COUNCIL AS WELL?
19:52:05 IS.
19:52:06 >> YES, I'M COMFORTABLE WITH THE ADDITIONAL TIME PROVIDED,
19:52:08 THAT WE'RE ALSO PROVIDED THE ADDITIONAL TIME AS WELL.
19:52:14 >>MARTIN SHELBY: WITH THAT BEING SAID, MR. CHAIRMAN, THERE
19:52:16 IS A MOTION AND SECOND ON THE FLOOR.
19:52:19 >>GUIDO MANISCALCO: IS THERE ANY OBJECTION TO THE SEVEN
19:52:21 MINUTES?
19:52:22 I HEAR NO OBJECTION.
19:52:24 SO BY UNANIMOUS CONSENT, WE HAVE SEVEN MINUTES FOR THE
19:52:28 SPEAKER.
19:52:28 I'M TIMING IT.
19:52:30 I HAVE THE TIMER HERE.
19:52:32 ALL RIGHT.
19:52:33 GO AHEAD.
19:52:33 I BELIEVE SHE HAS A PowerPoint THAT WE CAN SHARE HER
19:52:40 SCREEN AS WELL.
19:52:41 >> ONE POINT I WILL HIT THAT WHEN I'M READY TO DO THAT.
19:52:44 THANK YOU.
19:52:46 >>GUIDO MANISCALCO: WE'LL BEGIN THE TIME NOW.
19:52:47 GO AHEAD.
19:52:48 >> MY NAME IS CARROLL ANN BENNETT.
19:52:50 I'M A LIFE LONG RESIDENT OF SOUTH TAMPA.
19:52:52 FIRST, I WANT TO JUST SAY THAT THE COASTAL HIGH HAZARD AREA
19:52:56 SAYING NO TO NET INCREASE IN DENSITY SEEMS PRETTY SPECIFIC
19:52:59 TO ME.
19:53:00 NOT A LAWYER, BUT I DO HAVE SOME COMMON SENSE.
19:53:04 WE ARE ONE OF THE MOST VULNERABLE POPULATIONS FOR A
19:53:07 HURRICANE.
19:53:08 THE FACT THAT WE HAVEN'T BEEN HIT BY A MAJOR HURRICANE IN 99
19:53:11 YEARS IS JUST DUMB LUCK.
19:53:13 STATISTICALLY, WE ARE FRIGHTENINGLY OVERDUE.
19:53:18 TAMPA REGIONAL PLANNING COUNCIL RECENT HURRICANE SIMULATION
19:53:21 SAYS IF WE GET HIT BY A CAT 5, ALL SOUTH TAMPA AND DOWNTOWN
19:53:25 WILL BE UNDER 12 FEET OF WATER.
19:53:27 THE COAST UNDER 21 FEET OF WATER.
19:53:29 BUT THE EXPERTS SAY YOU DON'T NEED A CAT 5 TO BRING TAMPA
19:53:32 BAY TO ITS KNEES.
19:53:34 THE LAST CAT 3 LEVELED OUR REGION.
19:53:37 11-FOOT STORM SURGE FLOODED DOWNTOWN TAMPA AND TURNED
19:53:40 ST. PETE INTO AN ISLAND.
19:53:41 WHEN HURRICANE MICHAEL HIT, THE EYE OF THE STORM WAS 300
19:53:45 MILES AWAY FROM TAMPA YET BAYSHORE BOULEVARD WAS FLOODED IN
19:53:49 2018.
19:53:49 THE COST OF REBUILDING AFTER HURRICANE ANDREW WAS
19:53:52 STAGGERING.
19:53:53 BUT INSURANCE COMPANIES DID MEET THE COST.
19:53:55 THE DEVELOPERS WHO MADE SCADS OF MONEY DIDN'T PAY THE PRICE.
19:54:00 I PAID THE PRICE, AS DID EVERY PERSON WHO LIVES IN FLORIDA.
19:54:04 OUR HOMEOWNERS INSURANCE RATES SKYROCKETED.
19:54:08 STATE FARM AND ALL STATE, ALL STATE DROPPED LOTS OF PEOPLE,
19:54:12 INCLUDING ME.
19:54:13 WE COULDN'T GET REPLACEMENT COVERAGE, SO CITIZENS INSURANCE
19:54:16 HAD TO BE CREATED.
19:54:17 THE COST OF ONE HURRICANE TURNED HOMEOWNERS INSURANCE UPSIDE
19:54:22 DOWN IN THE ENTIRE STATE OF FLORIDA.
19:54:24 AND THE INSURANCE COMPANIES AND THE DEVELOPERS WALKED AWAY
19:54:27 WITH THEIR PROFITS.
19:54:30 SUBSTANTIAL AND COMPETENT EVIDENCE TO DENY THIS REZONING ARE
19:54:33 ON PAGES 223 AND 226 OF THE COMP PLAN.
19:54:36 CM 1.1 AND 1.2 SAY HURRICANE CLEARANCE TIME SHOULD BE
19:54:40 MAINTAINED AND REDUCED.
19:54:42 AND THEY SAY THERE IS TO BE NO NET INCREASE OF OVERALL
19:54:46 RESIDENTIAL DENSITY IN COASTAL HIGH HAZARD AREA.
19:54:49 VERY SPECIFIC.
19:54:51 PEOPLE IN THIS COMMUNITY THEY ARE DEVELOPING, THEY ARE NOT
19:54:55 GOING TO TAKE THE BUS WHEN THEY EVACUATE.
19:54:56 THEY'LL DRIVE EVERY CAR THEY OWN OUT OF THERE ON THAT
19:54:59 TWO-LANE HIGHWAY AND THEY ARE NOT GOING TO BE ABLE TO GET
19:55:01 OUT WHETHER THERE IS A TRAIN OR NOT BECAUSE WESTSHORE IS
19:55:04 GOING TO BE A PARKING LOT AND PRIMARILY DUE TO ALL THE OTHER
19:55:07 DEVELOPMENT THAT THEY SO PROUDLY SHOWED UP AS A REASON TO
19:55:09 FURTHER INCREASE THE DENSITY.
19:55:12 FURTHER COMPETENT AND SUBSTANTIAL EVIDENCE IS FLORIDA HOUSE
19:55:15 BILL 7121 WHICH REQUIRES GROWTH MANAGEMENT TO BE TIED TO
19:55:19 EVACUATION.
19:55:20 I'M SURE YOU ALL REMEMBER THE TRAFFIC DISASTER THAT OCCURRED
19:55:23 IN SOUTH TAMPA LAST FEBRUARY WHEN CSX CLOSED SOME STREETS.
19:55:27 IT WAS A TINY FRACTION OF THE HORROR SHOW WE WILL EXPERIENCE
19:55:31 IF WE TRY TO EVACUATE THIS PENINSULA.
19:55:34 DALE MABRY IS THE OFFICIAL EVACUATION RATE AND IT FLOODS
19:55:37 DURING REGULAR RAINSTORMS.
19:55:38 IN ADDITION THE OFFICIAL EVACUATION ROUTE OF ST. PETE IS
19:55:41 THROUGH SOUTH TAMPA.
19:55:42 THIS PROJECT IS IN THE COASTAL HIGH HAZARD AREA AND
19:55:46 EVACUATION ZONE A.
19:55:47 AT SOME POINT, COMMON SENSE NEEDS TO BE USED.
19:55:50 COMMON SENSE NEEDS TO BE THE MOTIVATION INSTEAD OF PROFIT
19:55:54 AND POWERFUL POLITICAL LOBBYISTS.
19:55:57 SERIOUSLY, DOES IT TAKE ANY KIND OF COMMON SENSE TO SAY THAT
19:56:00 IT'S A GOOD IDEA TO INCREASE DENSITY IN EVACUATION ZONE A OF
19:56:04 THE COASTAL HIGH AREA?
19:56:06 THERE IS ONLY ONE MOTIVATION FOR THIS -- GREED.
19:56:09 THIS PENINSULA IS SHAPED LIKE A COKE BOTTLE AND HAS ONLY ONE
19:56:12 WAY OUT.
19:56:13 I WANT TO KNOW HOW MANY PEOPLE CAN BE SAFELY EVACUATED OFF
19:56:15 OF IT.
19:56:16 I KNOW A HUNDRED PEOPLE CAN.
19:56:17 I KNOW A MILLION PEOPLE CAN'T.
19:56:19 SO THE NUMBER IS SOMEWHERE IN THE MIDDLE, BUT NO EXPERT HAS
19:56:23 GONE ON THE RECORD AND SAID WHAT THE NUMBER IS.
19:56:26 ISN'T THAT INCREDIBLY BASIC KNOWLEDGE?
19:56:29 ISN'T THAT CITY PLANNING 101?
19:56:32 HOW CAN YOU KEEP INCREASING THE DENSITY WITHOUT THAT
19:56:34 INFORMATION?
19:56:35 I WAS THE ONLY PERSON ON THE MAYOR'S CONSTRUCTION SERVICES
19:56:38 COMMITTEE THAT WAS A RESIDENT, NOT A PROFESSIONAL PERSON.
19:56:43 I ASK THAT EVALUATION TIMES BE TAKEN INTO CONSIDERATION IN
19:56:47 THE APPROVAL PROCESS.
19:56:49 CAROLE POST TOLD ME WE CAN'T STOP PEOPLE DEVELOPING THE
19:56:52 PROPERTY AS IT IS ZONED.
19:56:53 I AGREED AND SAID WHEN THEY COME TO THE CITY ASKING FOR
19:56:56 EXCEPTIONS AND REZONINGS AND VARIANCES, THE CITY CAN DENY
19:56:59 THE SPECIAL TREATMENT.
19:57:00 I HEARD CITY ATTORNEY GINA GRIMES SAY RECENTLY, RECENT LAW
19:57:05 SAYS THE ZONING IS PRESUMPTIVELY CORRECT.
19:57:08 WHEN PROPERTY IS BOUGHT WITHOUT A CONTINGENCY FOR REZONING,
19:57:11 IT IS A CASE OF BUYER BEWARE.
19:57:14 UNFORTUNATELY, EVEN THOUGH I WAS TOLD MY RECOMMENDATION
19:57:16 WOULD BE IN THE FINAL REPORT, IT IS NOT THERE, AS FAR AS I
19:57:18 KNOW.
19:57:19 THE COMPREHENSIVE PLAN SAYS THERE ARE SIX LEVELS OF
19:57:22 INTENSITY TO INDICATE WHERE DEVELOPMENT SHOULD BE FOCUSED.
19:57:24 SOUTH TAMPA CLASSIFIED LEVEL ONE.
19:57:26 THERE IS NO LEVEL ZERO.
19:57:28 SOUTH TAMPA IS IN THE LOWEST LEVEL FOR DEVELOPMENT.
19:57:31 LEVEL ONE IS SUPPOSED TO HAVE NO SIGNIFICANT CHANGE.
19:57:35 THOSE ARE THE EXACT WORDS IN THE COMPREHENSIVE PLAN.
19:57:37 ACCORDING TO PLAN HILLSBOROUGH, SOUTH TAMPA POPULATION HAS
19:57:39 INCREASED BY OVER 23,000 PEOPLE FROM 2010 TO 2019.
19:57:44 THAT IS A 34% INCREASE IN DENSITY.
19:57:47 AND IT HAS GROWN SUBSTANTIALLY MORE IN THE LAST YEAR AND A
19:57:51 HALF.
19:57:52 HOW DOES A 34% INCREASE IN DENSITY EQUAL THE LOWEST LEVEL OF
19:57:56 DEVELOPMENT OR NO SIGNIFICANT CHANGE?
19:57:59 ON FEBRUARY 6, JEAN DUNCAN SHOWED YOU A MAP WITH CIRCLES
19:58:02 AROUND THE AREA WHERE THE CITY SHOULD BE GROWING.
19:58:07 CAN YOU SEE -- I WAS TRYING TO SHARE MY SCREEN.
19:58:10 CAN YOU SEE MY MAP?
19:58:11 >>GUIDO MANISCALCO: YES, WE CAN.
19:58:13 >> YOU'LL SEE NONE OF THE CIRCLES INCLUDE ANY PART OF SOUTH
19:58:16 TAMPA.
19:58:16 THE COMPREHENSIVE PLAN, FLORIDA STATE LAW, THE TAMPA BAY
19:58:19 REGIONAL PLANNING COUNCIL AND THE CITY TRANSPORTATION
19:58:21 DEPARTMENT ALL PROVIDE COMPETENT AND SUBSTANTIAL EVIDENCE TO
19:58:25 DENY THIS AND COMMON SENSE MANDATES THAT YOU DENY.
19:58:29 THANK YOU.
19:58:31 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
19:58:34 ALL RIGHT.
19:58:36 NEXT SPEAKER, PLEASE.
19:58:38 THAT WAS FIVE MINUTES AND 45 SECONDS.
19:58:41 NEXT SPEAKER.
19:58:42 >>THE CLERK: MR. CHAIRMAN, WE HAVE TWO MORE SPEAKERS.
19:58:50 ONE IS HAVING TECHNICAL DIFFICULTIES AND DOES NOT HAVE A
19:58:54 LAPTOP TO SIGN ON.
19:58:57 SIGNED IN ON A MOBILE PHONE.
19:58:59 SHE ASKED A SHORT PARAGRAPH, WHICH IS ALL HE WANTED TO SHARE
19:59:02 MAY BE READ INTO THE RECORD.
19:59:04 MR. SHELBY AND YOUR DECISION.
19:59:08 CAN I READ IT OR AT A QUASI-HEARING, I DON'T KNOW IF THAT'S
19:59:12 PERMISSIBLE.
19:59:13 PLEASE ADVISE.
19:59:16 >>GUIDO MANISCALCO: MR. SHELBY, WE CAN PERHAPS READ IT BUT
19:59:20 NOT INCLUDE IT IN EVIDENCE, CORRECT?
19:59:22 >>MARTIN SHELBY: NO, WELL, I CAN'T -- I'D SAY THERE IS A
19:59:25 RISK IN DOING THAT.
19:59:30 FROM A DUE PROCESS STANDPOINT, TO READ IT NOW -- WERE THERE
19:59:36 OTHER THINGS RECEIVED IN WRITING, MADAM CLERK?
19:59:42 >> NO, SIR.
19:59:42 >>MARTIN SHELBY: OKAY.
19:59:46 MS. BATSEL, DO YOU HAVE AN OPINION ABOUT THAT BASED ON THE
19:59:51 FACT THAT THERE ARE TECHNICAL ISSUES?
19:59:54 >> I DO SINCE THE OPPONENT DID HAVE THE OPPORTUNITY TO
19:59:59 SUBMIT DOCUMENTATION JUST LIKE WE DID PRIOR TO THE HEARING.
20:00:02 INSTRUCTIONS WERE SENT OUT.
20:00:04 I DON'T KNOW WHO THIS PERSON IS, AND IT'S IMPOSSIBLE TO
20:00:07 VERIFY WITHOUT HAVING HIM VISIBLE ON THE RECORD WHERE HE
20:00:11 STATES HIS NAME.
20:00:13 I'M SORRY, BUT I OBJECT TO THAT.
20:00:15 >>GUIDO MANISCALCO: WELL, THEN WE SHOULD NOT READ THE
20:00:18 PARAGRAPH BEING THAT WE CAN'T IDENTIFY THE PERSON BY VIDEO
20:00:23 AND AUDIO THAT WE'RE DOING WITH ALL THE PUBLIC SPEAKERS.
20:00:27 IN THAT CASE, TO KEEP THE RECORD CLEAN, WE SHOULD AVOID
20:00:31 READING THAT.
20:00:32 >>MARTIN SHELBY: THANK YOU, MR. CHAIRMAN.
20:00:36 >>THE CLERK: THERE'S ONE MORE SPEAKER.
20:00:38 KEITH MEADOWS, WHO I WILL MOVE INTO THE MEETING NOW.
20:00:41 MR. MEADOWS IF YOU COULD TURN ON YOUR MICROPHONE AND CAMERA
20:00:51 AND BE SWORN IN, PLEASE.
20:01:21 >> CAN YOU SEE ME AND HEAR ME?
20:01:25 >>GUIDO MANISCALCO: WE CAN SEE YOU AND HEAR YOU.
20:01:27 >> I NEED TO BE SWORN IN, PLEASE.
20:01:29 >> PLEASE RAISE YOUR RIGHT HAND.
20:01:32 >> OKAY.
20:01:33 >>THE CLERK: DO YOU SWEAR OR AFFIRM YOU WOULD TELL THE
20:01:35 TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
20:01:38 >> I DO.
20:01:39 THANK YOU.
20:01:39 >> CARROLL ANN BASICALLY COVERED MOST OF WHAT I WAS GOING TO
20:01:52 MENTION, SO I'M GOING TO LARGELY SHOOT FROM THE HIP.
20:01:55 ULTIMATELY, I THINK THE FUTURE LAND USE CODES ARE -- THEY
20:02:02 NEED AMENDING.
20:02:04 THE FACT THAT WE'RE 23,000 PEOPLE OVER WHAT THE PROJECTION
20:02:11 WAS FOR 2040, AND WE'RE AT 2020, I THINK THAT THEY NEED TO
20:02:17 REEVALUATE ALL OF THE STUFF.
20:02:22 THE WAY THE DEVELOPERS ARE GOING, BY THE TIME THEY GET
20:02:26 FINISHED WITH RATTLESNAKE POINT, THERE WILL BE 10,000 PEOPLE
20:02:29 ON RATTLESNAKE POINT BECAUSE THIS PROPERTY ISN'T THE ONLY
20:02:32 PROPERTY.
20:02:34 THERE IS A PROPERTY TWO DOORS TO THE WEST THAT'S ALL UP FOR
20:02:37 THE SAME THING, AND NOW WE'VE HEARD THAT THE BERTRAM BOAT
20:02:44 COMPANY IS PULLING OUT.
20:02:45 THAT MEANS THAT PROPERTY IS GOING TO BE PROBABLY UP FOR
20:02:49 DEVELOPMENT, PLUS THE FACT THAT THERE ARE TEN ACRES, OR SIX
20:02:53 ACRES, THAT'S GOING TO GET THREE MORE TOWERS IN THE
20:02:55 WESTSHORE YACHT CLUB THAT'S ULTIMATELY JUST GOING TO STRESS
20:03:00 THE WHOLE GANDY CORRIDOR FOR THE REST OF OUR LIFETIMES.
20:03:09 ULTIMATELY, STUDIES SAY THAT THE ROADS ARE INADEQUATE THE
20:03:14 WAY THEY ARE NOW, AND SO I THINK THAT WHILE THEY DO AN
20:03:20 EXCELLENT JOB AT DESIGNING APARTMENTS AND AMENDING
20:03:28 APARTMENTS AND EVERYTHING THEY DO IS TOP-NOTCH, BUT THE
20:03:31 REALITY OF IT IS NOT FOR THIS NEIGHBORHOOD.
20:03:34 THEY ARE JUST STRANGLING THE SOUTH OF GANDY OR THE GANDY
20:03:40 CORRIDOR IN GENERAL, AND I'M OPPOSED TO THAT TYPE OF
20:03:45 DEVELOPMENT ON THAT PROPERTY.
20:03:48 THANK YOU.
20:03:48 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:03:53 ALL RIGHT, MR. CREW, THAT CONCLUDES OUR SPEAKERS, CORRECT?
20:03:56 DO WE HAVE ANYBODY AT THE CONVENTION CENTER THAT WISHES TO
20:03:59 SPEAK FROM THE PUBLIC?
20:04:00 IS THERE ANYBODY THERE?
20:04:05 >> AILEEN ROSARIO FROM PLANNING AND DEVELOPMENT.
20:04:08 AND THERE IS NO ONE HERE TO SPEAK TO THIS ITEM.
20:04:12 >>GUIDO MANISCALCO: THANK YOU.
20:04:13 THANK YOU VERY MUCH.
20:04:13 ALL RIGHT, PETITIONER OR MS. BATSEL, YOU HAVE REBUTTAL TIME.
20:04:19 I KNOW ONE OF THE SPEAKERS DID GET SEVEN MINUTES.
20:04:22 THE SPEAKER USED FIVE MINUTES AND 45 SECONDS.
20:04:25 YOU USUALLY HAVE FIVE MINUTES IN REBUTTAL, DO YOU NEED MORE
20:04:29 TIME AT THIS POINT?
20:04:31 >> I WILL TRY TO FINISH IN FIVE MINUTES.
20:04:33 IF I NEED MORE TIME, I'LL ASK AT THAT TIME.
20:04:35 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:04:36 >>MARTIN SHELBY: MR. CHAIRMAN, I'M SORRY.
20:04:41 I'M GOING TO ASK COUNSEL IF THERE ARE ANY QUESTIONS --
20:04:47 COUNCIL, IF THERE ARE ANY QUESTIONS, NOT STATEMENT, ANY
20:04:49 QUESTIONS YOU HAVE THAT YOU NEED TO HAVE ANSWERED,
20:04:53 PARTICULARLY BY ANY OF THE EXPERTS OR BY THE WITNESSES AND
20:04:56 THE PETITIONER AND BY MS. BATSEL.
20:04:59 MY SUGGESTION IS PLEASE DO THAT BEFORE REBUTTAL RATHER THAN
20:05:03 HAVING HER HAVE IT REOPENED AND ANOTHER OPPORTUNITY FOR
20:05:07 THAT.
20:05:08 THE TIME FOR QUESTIONS NOW -- THE TIME FOR QUESTIONS IS NOW.
20:05:13 >>GUIDO MANISCALCO: COUNCIL MEMBERS, DO YOU HAVE ANY
20:05:15 QUESTIONS?
20:05:15 COUNCILMAN DINGFELDER, CITRO, GUDES, ANYONE?
20:05:22 COUNCILMAN GUDES.
20:05:24 >>ORLANDO GUDES: MR. SHELBY, STOP ME IF I'M GOING DOWN THE
20:05:27 WRONG LANE.
20:05:29 REALLY NOT PERTAIN TO THIS CASE --
20:05:36 LET'S SAY GOING FORWARD THIS DOES PASS.
20:05:40 DOES COUNCIL HAVE THE PURVIEW ANY FUTURE DEVELOPMENT NOT TO
20:05:44 BE DEVELOPED -- BECAUSE OF THE INTERCOASTAL, BECAUSE OF THE
20:05:51 MAGNITUDE OF THE FOLKS DOWN THERE WITH THE POPULATION AT
20:05:58 THIS TIME?
20:05:59 DOES THIS COUNCIL HAVE THAT PURVIEW AFTER THIS CASE TO GO
20:06:02 BACK AND SAY WE FEEL THAT THERE SHOULD NOT BE ANY MORE
20:06:06 DEVELOPMENT DOWN AT --
20:06:10 >>MARTIN SHELBY: COUNCIL, THIS CASE, LET ME SAY THIS, MR.
20:06:13 GUDES, THIS CASE IS INSTRUCTIVE AS TO WHAT CAN HAPPEN WHEN
20:06:19 COUNCIL TAKES, LET'S SAY THE POSITION THAT IT DID, AND YOU
20:06:23 CAN SEE NOW THE POSTURE WHERE YOU STAND AS TO WHAT RESULTED
20:06:28 FROM IT.
20:06:29 NOW, YOU HAVE YOUR LITIGATORS.
20:06:35 YOU HAVE YOUR LEGAL DEPARTMENT, AND YOU HAVE A MEDIATOR WHO
20:06:41 ACTED AS A MEDIATOR AND MADE A RECOMMENDATION.
20:06:46 THERE ARE SIGNIFICANT LEGAL ISSUES THAT HAVE BEEN RAISED,
20:06:52 AND YOU SAW HOW MANY WAYS THAT THE PETITIONER IS CHALLENGING
20:06:59 THIS DECISION.
20:07:00 IT'S NOT JUST ONE CASE.
20:07:01 IT'S NOT JUST ONE COURT.
20:07:03 I'M NOT ANSWERING YOUR QUESTION.
20:07:06 I'M SAYING TO YOU IS IT'S NOT APPROPRIATE AT THIS POINT TO
20:07:11 BE ABLE TO ENGAGE IN THAT BECAUSE THAT IS BEYOND THE SCOPE
20:07:19 OF WHAT YOU HAVE TO DEAL WITH WITH REGARD TO THE ISSUES THAT
20:07:21 HAVE BEEN PRESENTED BY THE MAGISTRATE'S REPORT AND
20:07:26 RECOMMENDATION.
20:07:27 SO MY SUGGESTION WOULD BE THAT COUNCIL, YOU ARE ALSO BOUND
20:07:35 BY DECISIONS OF PREVIOUS CITY COUNCILS.
20:07:39 AND MR. HEY HAS MADE REFERENCE TO THAT IN HIS REPORT, AND
20:07:42 YOU'VE HEARD THAT SAID BEFORE.
20:07:47 YOU ARE IN THE SITUATION YOU ARE TODAY AS A RESULT OF
20:07:51 DECISIONS THAT HAVE BEEN MADE UP UNTIL THIS POINT.
20:07:55 I CANNOT ANSWER YOUR QUESTION.
20:07:57 IT WOULD BE INAPPROPRIATE TO ANSWER YOUR QUESTION.
20:07:59 MY SUGGESTION IS IF YOU HAVE QUESTIONS SPECIFIC TO THE
20:08:03 LITIGATION WITHIN THE SCOPE OF WHAT THE LITIGATORS ARE ABLE
20:08:06 TO TALK WITH YOU ABOUT AT THIS PUBLIC FORUM, I SEE
20:08:10 MS. JOHNSON-VELEZ RAISING HER HAND AND MAYBE SHE CAN ADD
20:08:14 SOMETHING THAT YOU MIGHT FIND USEFULNESS.
20:08:17 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. SHELBY.
20:08:20 SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT.
20:08:23 I WANTED TO REMIND COUNCIL, IN A PORTION OF MY REMARKS THAT
20:08:28 TONIGHT'S HEARING IS PART OF STEP ONE OR THE FIRST STEP IN
20:08:33 THE 70.51 PROCEEDINGS.
20:08:35 SO THIS IS A DIFFERENT ANIMAL THAN YOUR GARDEN VARIETY
20:08:40 REZONING HEARING.
20:08:41 I DID WANT TO GO BACK ALSO AND MENTION A SUBSECTION OF THAT
20:08:45 STATUTE, 70.51, SUBSECTION 20 THAT SPEAKS TO THE FACT THAT
20:08:51 THE SPECIAL MAGISTRATE'S RECOMMENDATION IS A PUBLIC RECORD
20:08:54 UNDER CHAPTER 119, BUT ACTIONS OR STATEMENTS OF ALL
20:08:57 PARTICIPANTS IN THE SPECIAL MAGISTRATE PROCEEDING, INCLUDING
20:09:02 TONIGHT'S HEARING, ARE EVIDENCE OF AN OFFER TO COMPROMISE
20:09:06 AND INADMISSIBLE IN ANY PROCEEDING WHETHER JUDICIAL OR
20:09:10 ADMINISTRATIVE.
20:09:10 I THINK THAT ADDRESSES MR. DINGFELDER'S CONCERNS EARLIER IN
20:09:13 THE HEARING.
20:09:14 BUT I ALSO, AGAIN, WANTED TO STRESS THAT YOUR TYPICAL
20:09:19 REZONING HEARING IS NOT PART OF A KIND OF NEGOTIATION
20:09:23 SETTLEMENT PROCESS LIKE TONIGHT'S HEARING IS.
20:09:26 THIS IS A PARTICULAR PROCEEDING UNDER THE STATUTE AND IT'S
20:09:30 PART OF THE PROCEEDINGS UNDER THE STATUTE.
20:09:32 SO IT IS DIFFERENT THAN OTHER REZONING THAT WILL COME BEFORE
20:09:36 YOU IN THE FUTURE.
20:09:38 ON RATTLESNAKE POINT.
20:09:39 >>ORLANDO GUDES: ALL RIGHT.
20:09:40 I THANK YOU FOR THAT.
20:09:42 MAYBE ANOTHER COUNCIL WILL TAKE THIS UP AS A REFERENCE TO
20:09:46 THE ZONING DOWN THERE AT RATTLESNAKE.
20:09:51 >>MARTIN SHELBY: MAYBE, IF I CAN, MR. CHAIRMAN, WITH YOUR
20:09:54 INDULGENCE, MS. JOHNSON-VELEZ AND PERHAPS MR. STEADY WISHES
20:09:59 TO ADD TO IT, I THINK IT'S IMPORTANT TO RECOGNIZE WHAT, IN
20:10:03 FACT, HAPPENS, WHAT STAGE TWO IS AND WHAT THE RESULT OF WHEN
20:10:07 IT GOES BACK TO MR. STEADY WHO TAKES OFF HIS MEDIATOR HAT
20:10:12 AND PUTS ON AN ARBITRATOR HAT.
20:10:15 DID I CHARACTERIZE THAT CORRECT, MR. STEADY?
20:10:18 COME BACK WITH A FINDING.
20:10:21 >> I AGREE WITH YOU.
20:10:23 >>MARTIN SHELBY: WHAT DOES THAT MEAN THEN?
20:10:24 THAT MEANS, IF YOU CAN EXPLAIN TO COUNCIL JUST WHAT WOULD
20:10:28 HAPPEN IF COUNCIL WERE TO, LET'S SAY, MAKE A DECISION THAT
20:10:34 WOULD REQUIRE THIS TO GO TO STAGE 2.
20:10:37 >> WELL, FIRST OF ALL, YOU'RE RIGHT.
20:10:40 IT'S MORE OF AN ARBITRATION WHERE I MAKE A MORE FIRM
20:10:43 RECOMMENDATION TO CITY COUNCIL.
20:10:45 CUT TO THE CHASE, IT'S STILL NOT BINDING ON CITY COUNCIL.
20:10:48 IT'S JUST A MORE FORMAL PROCESS WHERE INSTEAD OF MEDIATING I
20:10:54 ACTUALLY COME BACK, IF I FIND THAT THE DECISION TONIGHT WAS
20:10:59 UNREASONABLE, THEN I'D COME BACK TO CITY COUNCIL WITH THAT
20:11:03 FINDING.
20:11:03 BUT AT THIS POINT, I'M NOT PREPARED AND CAN'T MAKE ANY
20:11:08 JUDGMENTS TONIGHT BECAUSE I HAVE TO GO FORWARD AS A NEUTRAL
20:11:12 BASICALLY TO THE NEXT PROCESS, IF THE CITY COUNCIL DENIES
20:11:16 THIS THIS EVENING.
20:11:17 >>MARTIN SHELBY: THANK YOU.
20:11:19 I'D LIKE TO ADD JUST ONE MORE POINT TALKING ABOUT PRECEDENT,
20:11:23 COUNCIL, I THINK MS. JOHNSON-VELEZ TOLD YOU THAT YOUR ACTION
20:11:27 TONIGHT DEPENDING ON WHAT YOU DO HAS SIGNIFICANTLY LESS
20:11:32 PRECEDENTIAL VALUE AND EFFECT THAN WHAT A VERDICT WOULD DO,
20:11:38 THAN WHAT A COURT'S HOLDING WOULD DO TO YOU IN TERMS OF
20:11:43 PRECEDENT.
20:11:44 THAT WOULD BE OBVIOUSLY, IF IT'S ADVERSE TO THE CITY, IT
20:11:51 WOULD HAVE TO BE WEIGHED AS TO THE COST OF AN APPEAL AND
20:11:54 ULTIMATELY WHAT WOULD BE THE ULTIMATE PRECEDENT TO THE CITY.
20:11:57 SO THIS IS AN OPPORTUNITY THAT THE FLORIDA LEGISLATURE GIVES
20:12:02 A PETITIONER IN THIS CASE REPRESENTED BY MS. BATSEL TO BE
20:12:05 ABLE TO MEDIATE A SETTLEMENT WITHOUT HAVING TO TAKE THIS TO
20:12:10 LITIGATION.
20:12:11 SO THAT'S THE POSTURE AND IT'S FOR YOUR CONSIDERATION.
20:12:17 >>ORLANDO GUDES: THANK YOU, MR. SHELBY.
20:12:20 I HAVE ONE OTHER QUESTION.
20:12:21 I'LL WAIT UNTIL MS. BATSEL DOES HER REBUTTAL BEFORE I ASK
20:12:26 THE QUESTION.
20:12:26 >>GUIDO MANISCALCO: OKAY.
20:12:27 ANY OTHER COUNCIL MEMBERS HAVE QUESTIONS AT THIS TIME?
20:12:29 COUNCILMAN CARLSON.
20:12:30 >>BILL CARLSON: I COULD ASK A QUICK QUESTION AND THE LEGAL
20:12:35 TEAM CAN CUT ME OFF IF IT'S NOT APPROPRIATE QUESTION.
20:12:38 AS I UNDERSTAND IT, THE DECISION WE MADE DID NOT TAKE AWAY
20:12:41 ANY ENTITLEMENTS.
20:12:42 THE REQUEST IS TO GET ADDITIONAL ENTITLEMENTS.
20:12:44 IF I'M WRONG IN THAT PREMISE, LET ME KNOW.
20:12:47 BUT IF THERE SEEMS TO BE AN ENTITLEMENT TO NEW ENTITLEMENTS,
20:12:53 WHAT'S THE PURPOSE OF THIS PROCESS?
20:12:56 AND IS THE ONLY WAY TO DEFEND THE POSSIBILITY OF NEW
20:13:00 ENTITLEMENT TO GO THROUGH LITIGATION?
20:13:02 WHY IS IT THAT WE HAVE A PROCESS TO ASK FOR NEW ENTITLEMENTS
20:13:07 IF THAT REQUEST CAN BE -- [INAUDIBLE]
20:13:14 >>SUSAN JOHNSON-VELEZ: I DIDN'T HEAR THE LAST PART, IF THE
20:13:16 REQUEST CAN EASILY BE.
20:13:18 >>BILL CARLSON: BREACHED.
20:13:21 >>SUSAN JOHNSON-VELEZ: WELL, THIS IS PART OF THE PROCESS,
20:13:25 THE RECOMMENDATION THAT YOU HAVE BEFORE YOU IS TO -- FOR
20:13:29 COUNCIL TO FAVORABLY CONSIDER OR APPROVE THIS RECOMMENDATION
20:13:32 FROM THE SPECIAL MAGISTRATE REGARDING THIS REDESIGNED SITE
20:13:37 PLAN.
20:13:38 HOWEVER, COUNCIL MUST STILL DETERMINE WHETHER OR NOT IT
20:13:42 MEETS THE CRITERIA OF THE CODE AND JUST LIKE YOU HAVE TO DO
20:13:46 WHENEVER AN APPLICANT COMES IN TO REZONE.
20:13:50 THERE IS STILL THAT REQUIREMENT.
20:13:51 CITY COUNCIL CAN'T JUST AGREE TO REZONE A PARTIAL PROPERTY.
20:13:55 THERE STILL HAS TO BE THAT DEPTH OF SHOWING THAT IT COMPLIES
20:13:58 WITH YOUR LAND DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN.
20:14:02 THIS IS JUST AN OPPORTUNITY, IF YOU CHOOSE TO AVAIL
20:14:05 YOURSELVES OF IT, TO SETTLE THIS DISPUTE ABOUT WHAT ZONING
20:14:12 IS APPROPRIATE AND WHAT SITE PLAN IS APPROPRIATE ON THIS
20:14:14 PARTICULAR PROPERTY.
20:14:18 GIVING CONSIDERATION ALSO TO THE EXPOSURE TO THE CITY, TO
20:14:24 THE CLAIMS THAT ARE STILL PENDING IN THE LITIGATION.
20:14:33 >>GUIDO MANISCALCO: OKAY.
20:14:34 ANY OTHER QUESTIONS?
20:14:35 ANY OTHER COMMENTS?
20:14:36 THANK YOU VERY MUCH.
20:14:40 MS. BATSEL, I WILL START THE TIMER.
20:14:42 YOU HAVE FIVE MINUTES, WHENEVER YOU WISH TO BEGIN.
20:14:46 GO AHEAD.
20:14:47 >> THANK YOU.
20:14:48 ELISE BATSEL, STEARNS WEAVER MILLER.
20:14:51 WITH RESPECT TO THE COMMENT THAT THE ROADS ARE INADEQUATE,
20:14:54 WE ARE FOLLOWING ALL PROVISIONS OF THE LAND DEVELOPMENT
20:14:57 CODE.
20:14:57 WE ARE PAYING A MITIGATION PAYMENT.
20:15:00 WE ARE CONFIRMING THAT WE ARE PAYING AN ADDITIONAL 250,000
20:15:03 AS WELL AS PAYING IMPACT FEES.
20:15:05 THE DEVELOPER IS MEETING ALL OF THE REQUIREMENTS FOR
20:15:09 TRANSPORTATION.
20:15:11 MS. BENNETT TALKED A LOT ABOUT HURRICANE EVACUATION.
20:15:15 AND I LOOKED A LOT AT THIS BETWEEN NOVEMBER OF LAST YEAR AND
20:15:19 NOW.
20:15:20 AND HURRICANE EVACUATION TIMES ARE A STATEWIDE, THEY ARE A
20:15:25 REGIONAL WIDE, AND THEY ARE A COUNTYWIDE ISSUE, AS WELL AS A
20:15:29 CITY OF TAMPA ISSUE.
20:15:30 I SPOKE TO HART TODAY, AND OUR EVACUATION TIMES ARE AFFECTED
20:15:35 BY EVERYONE ELSE COMING FROM DIFFERENT JURISDICTIONS, COMING
20:15:38 THROUGH OUR AREA.
20:15:39 SO WE CAN'T LOOK FOR HURRICANE EVACUATION TIMES BY LOOKING
20:15:43 AT AN INDIVIDUAL REZONING REQUEST.
20:15:46 A, IT'S NOT WHAT YOUR COMPREHENSIVE PLAN CONTEMPLATES.
20:15:49 I'M NOT SAYING IT'S NOT A BIGGER DISCUSSION THAT THE BOARD
20:15:52 MIGHT WANT TO HAVE.
20:15:53 CERTAINLY, WE WANT TO MAKE SURE THAT IT IS CONSISTENT.
20:16:02 WITH RESPECT TO THAT POINT, LET ME JUST REALLY QUICKLY SHARE
20:16:06 MY SCREEN, IF YOU DON'T MIND.
20:16:08 >>GUIDO MANISCALCO: GO AHEAD.
20:16:09 >> CAN YOU SEE THIS?
20:16:12 NOT YET.
20:16:20 >>GUIDO MANISCALCO: OKAY.
20:16:21 YOUR SCREEN IS NOW LOADING.
20:16:23 >> THIS IS THE COASTAL MANAGEMENT OBJECTIVE 1.2.
20:16:26 YOU CAN SEE I'VE HIGHLIGHTED THE STANDARD FOR REZONINGS, BUT
20:16:29 IF YOU LOOK RIGHT UNDERNEATH THAT, THAT IS A CITY
20:16:32 REQUIREMENT.
20:16:32 IT SAYS CONDUCT AN ANNUAL REVIEW OF NEW DEVELOPMENT IN THE
20:16:36 COASTAL PLANNING AREA AND COORDINATE WITH HILLSBOROUGH
20:16:38 COUNTY AND THE TAMPA BAY REGIONAL PLANNING COUNCIL TO
20:16:41 MONITOR THE IMPACTS ON SHELTER CAPACITY AND EVACUATION
20:16:44 TIMES.
20:16:45 I UNDERSTAND FROM YOUR STAFF AND FROM THE COUNTY THAT THAT
20:16:48 HASN'T BEEN DONE YET.
20:16:49 THAT MIGHT BE AN INSTRUMENTAL TOOL TO GET THE CITY TO REALLY
20:16:54 UNDERSTAND THE IMPACT, RATHER THAN LOOKING AT IT ON THE
20:16:56 REZONING-BY-REZONING CASES, AND THAT IS A REQUIREMENT OF
20:16:59 YOUR COMPREHENSIVE PLAN.
20:17:01 WE HAVE MET OUR REQUIREMENT WITH RESPECT TO HURRICANE
20:17:06 EVACUATION, AND THAT IS PREVIOUSLY DISCUSSED, SUBSTANTIAL
20:17:09 COMPETENT EVIDENCE THAT WE INDICATED WE HAVE APPROPRIATE
20:17:14 LEVEL OF SERVICE AND WE WILL MITIGATE AT THE TIME, IF
20:17:17 NECESSARY.
20:17:18 I ALSO HEARD CONCERNS ABOUT POPULATION INCREASES.
20:17:22 I UNDERSTAND THAT THERE ARE A NUMBER OF POLICIES IN THE
20:17:25 COMPREHENSIVE PLAN, NOT ONLY OUR COMPREHENSIVE PLAN IN THE
20:17:28 CITY OF TAMPA, BUT STATE COMPREHENSIVE PLAN THAT REQUIRE YOU
20:17:31 TO PLAN FOR THAT FUTURE GROWTH.
20:17:33 I'D LIKE TO ASK DAVID HEY A QUESTION, IF I MAY.
20:17:36 DAVID, CAN YOU CONFIRM THAT THERE ARE A NUMBER OF POLICIES
20:17:41 IN OUR COMPREHENSIVE PLAN THAT DO REQUIRE THAT WE PLAN FOR
20:17:45 FUTURE POPULATION GROWTH?
20:17:47 >>DAVID HEY: YES, YOU ARE CORRECT.
20:17:50 >> THANK YOU.
20:17:51 AND WITH RESPECT TO THE OBJECTIVES 1.1 AND 1.2 THAT WE
20:17:57 DISCUSSED EARLIER AND THE FACT THAT, FIRST OF ALL, LET'S GO
20:18:02 THROUGH 1.1.
20:18:04 IS YOUR UNDERSTANDING OF THE POLICY 1.1.6 THAT THE ONLY
20:18:08 THING IN THE COMPREHENSIVE PLAN THAT'S REQUIRED OF A
20:18:11 REZONING APPLICANT BASED ON 1.6 IS THAT OUR DEVELOPMENT IS
20:18:17 ALREADY SHOWN ON A FUTURE LAND USE MAP?
20:18:21 >>DAVID HEY: LET ME JUST -- ARE YOU REFERRING TO CM POLICY
20:18:24 1.1.6?
20:18:27 >> I APOLOGIZE.
20:18:27 1.1.6.
20:18:29 >>DAVID HEY: REPHRASE --
20:18:31 >> SURE.
20:18:32 MY UNDERSTANDING OF DIRECTING AWAY FROM THE OVERALL
20:18:36 RESIDENTIAL DENSITY OUT OF THE COASTAL HIGH HAZARD AREA IS
20:18:39 THAT 1.1.6 SAYS IN NEW DEVELOPMENT, WE WANT TO STAY WITHIN
20:18:44 THE LIMITS OF WHAT'S ALREADY SHOWN ON THE FUTURE LAND USE
20:18:47 PLAN, AND IN THIS CASE IT'S 35 UNITS PER ACRE.
20:18:49 AM I CORRECT?
20:18:50 >>DAVID HEY: YOU ARE CORRECT, YES.
20:18:52 >> THANK YOU.
20:18:53 AND THEN GOING TO OBJECTIVE -- COASTAL MANAGEMENT OBJECTIVE
20:18:57 1.2, IS IT YOUR UNDERSTANDING BASED ON THE POLICY 1.2.2 AS
20:19:04 WELL AS SIMILAR POLICY IN THE RATTLESNAKE POINT
20:19:07 COMPREHENSIVE PLAN SECTION, THAT THE ONLY REQUIREMENT FOR
20:19:11 HURRICANE MITIGATION IS THAT WE SHOW MITIGATION ON SHELTER
20:19:14 SPACE LEVELS OF SERVICE?
20:19:17 >>DAVID HEY: CORRECT.
20:19:19 >> THANK YOU VERY MUCH.
20:19:24 I DID WANT TO ADDRESS THAT MRS. POYNOR SAID SHE NEVER HEARD
20:19:29 FROM US OUTSIDE OF MEDIATION.
20:19:31 BECAUSE WE WERE IN A MEDIATION SETTING, IT WOULD HAVE BEEN
20:19:35 INAPPROPRIATE FOR US TO CONTACT HER OUTSIDE OF THAT
20:19:37 MEDIATION.
20:19:38 SHE WAS INVOLVED IN THE MEDIATION.
20:19:40 SHE WAS THERE.
20:19:40 MR. STEADY WAS THE MEDIATOR AND THAT'S WHY THAT SYSTEM IS
20:19:44 SET UP.
20:19:45 WE CERTAINLY WOULDN'T HAVE FELT COMFORTABLE CONTACTING HER
20:19:49 OUTSIDE OF THAT PROCESS, PARTICULARLY WHEN WE'RE IN
20:19:51 LITIGATION.
20:19:52 >>GUIDO MANISCALCO: MS. BATSEL, YOU HAVE REACHED THE
20:19:54 FIVE-MINUTE MARK.
20:19:55 HOW MUCH MORE TIME WOULD YOU NEED?
20:19:58 >> JUST A COUPLE OF MINUTES, PLEASE.
20:20:00 >>GUIDO MANISCALCO: ALL RIGHT.
20:20:00 WE'LL GIVE YOU ANOTHER TWO MINUTES.
20:20:03 GO AHEAD.
20:20:03 >> THANK YOU.
20:20:04 I ALSO HEARD CONCERNS ABOUT WALKABILITY.
20:20:08 I DON'T REMEMBER WHO MENTIONED THOSE.
20:20:09 BUT REMEMBER, WE'RE CONTRIBUTING $250,000 FOR THE
20:20:14 IMPROVEMENT OF TYSON.
20:20:16 THAT COULD BE USED FOR SIDEWALKS.
20:20:17 THOSE SIDEWALKS COULD CONNECT TO THE PEDESTRIAN PATHS THAT
20:20:21 WE ACTUALLY ARE PROVIDING ON OUR DEVELOPMENT AS WELL AS
20:20:23 THOSE FURTHER TO THE EAST TO ENHANCE THAT WALKABILITY.
20:20:28 I ALSO WANTED TO SAY THAT WITH RESPECT TO CONCERNS ABOUT
20:20:35 COMMERCIAL, WE DID TALK ABOUT THAT.
20:20:37 THOSE WERE ALL VOICED DURING THE MEDIATION, AND MR. STEADY
20:20:41 DID COME OUT WITH A RECOMMENDATION THAT THIS APPROVED PLAN
20:20:44 IS FAVORABLE AND WOULD ASK CITY COUNCIL TO APPROVE THAT.
20:20:47 THE OTHER THING I THINK THAT WE HAVE TO REMEMBER, JUST
20:20:50 BECAUSE OF THE SITUATION THAT WE'RE IN, IS THE BURDEN
20:20:53 SHIFTING THAT HAPPENS IN A SITUATION LIKE THIS.
20:20:56 BECAUSE YOUR COMP PLAN IS SO SIGNIFICANTLY POINTING TOWARD
20:21:00 RATTLESNAKE POINT, CONVERTING FROM INDUSTRIAL TO MIXED USE,
20:21:05 AND THAT'S BEEN THAT WAY SINCE THE 1980s, WITH MULTIPLE,
20:21:08 MULTIPLE, MULTIPLE CITY COUNCILS MAKING MULTIPLE DECISIONS
20:21:12 SAYING THAT'S WHAT NEEDS TO HAPPEN ON RATTLESNAKE POINT, IF
20:21:15 YOU DO DENY, THE BURDEN THEN SHIFTS TO THE CITY, AND
20:21:18 MS. VELEZ JOHNSON -- SORRY, JOHNSON-VELEZ CAN SPEAK MORE
20:21:22 ABOUT THIS.
20:21:23 BUT YOU WOULD HAVE TO SHOW THAT KEEPING IT INDUSTRIAL WAS
20:21:27 CONSISTENT WITH THE COMPREHENSIVE PLAN.
20:21:28 AND I DON'T KNOW BASED ON THE COMPREHENSIVE PLAN THE WAY
20:21:32 THAT IT'S WRITTEN TODAY, THAT YOU WOULD BE ABLE TO DO THAT.
20:21:35 SO I WOULD ASK YOU TO CONSIDER ALL OF THOSE THINGS.
20:21:38 REALLY QUICKLY, I WANT SCOTT McLAREN TO END.
20:21:42 WE JUST WANT TO SAY A COUPLE OF WORDS TO CONCLUDE.
20:21:50 >> SCOTT McLAREN, 101 EAST KENNEDY.
20:21:53 THE 70-51 PROCEDURES -- FLORIDA LAND USE AND ENVIRONMENTAL
20:21:59 DISPUTE RESOLUTION ACT, AND THE PROCESS WORKED.
20:22:04 WE HAD ATTENDEES FROM THE PUBLIC.
20:22:08 WE HAD SPECIAL MAGISTRATE.
20:22:10 WE HAD THE CITY AND THE CITY STAFF.
20:22:12 WE HAD OUR CLIENT THERE WITH THEIR PROFESSIONALS, MANY OF
20:22:15 WHICH HAVE TESTIFIED TONIGHT.
20:22:16 WE WORKED HARD TO REACH A RESOLUTION, A RESOLUTION THAT WAS
20:22:20 SENSITIVE TO THE CONCERNS EXPRESSED OF CITY COUNCIL AT THE
20:22:23 PRIOR HEARING AND ALSO TO THOSE OF THE MEMBERS OF THE PUBLIC
20:22:28 THAT PARTICIPATED.
20:22:30 SO WE RESPECTFULLY REQUEST THAT WE ALLOW THE PROCESS TO
20:22:34 WORK.
20:22:35 ONE FINAL POINT, I DON'T WANT TO MAKE A BIG DEAL ABOUT THIS.
20:22:39 THIS STATUTE IS RELATIVELY NEW.
20:22:41 THERE'S NOT A LOT OF CASE LAW INTERPRETING THIS STATUTE.
20:22:44 BUT MY UNDERSTANDING OF THE PROCEDURE IS WE'RE HERE ON THE
20:22:48 SPECIAL MAGISTRATE'S RECOMMENDATION.
20:22:51 SECTION 70-51, SECTION 24, SUBSECTION 24 PROVIDES THAT ONCE
20:22:57 THE GOVERNMENTAL ENTITY ACTS ON THE SPECIAL MAGISTRATE'S
20:23:01 RECOMMENDATION, THE OWNER MAY ELECT TO FILE SUIT IN A COURT
20:23:05 OF COMPETENT JURISDICTION INVOKING PROCEDURES OF THIS
20:23:08 SECTION NOT A CONDITION PRECEDENT -- WE ALREADY FILED A
20:23:14 LAWSUIT.
20:23:15 MY UNDERSTANDING OF THE WAY THIS WORKS, AGAIN, JUST MY
20:23:17 READING OF THE STATUTE, I'M NOT CERTAIN, BUT MY READING OF
20:23:20 THAT IS IF WE DON'T GO BACK TO THE SPECIAL MAGISTRATE.
20:23:24 UNDER THE STATUTE, WHAT WOULD HAPPEN IF THIS IS NOT APPROVED
20:23:28 OR WHATEVER TONIGHT, WE WOULD END UP BACK IN CIRCUIT COURT.
20:23:33 SO I JUST WANTED TO MAKE THAT CLARIFICATION AND MAKE SURE WE
20:23:37 DON'T CONCEDE ANYTHING ON THAT FRONT.
20:23:39 THANK YOU.
20:23:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:23:41 ALL RIGHT.
20:23:44 COUNCIL MEMBERS, YOU'VE HEARD REBUTTAL.
20:23:46 YOU'VE HEARD PUBLIC COMMENT.
20:23:48 YOU'VE ASKED YOUR QUESTIONS.
20:23:49 DO YOU HAVE ANY MORE QUESTIONS BEFORE WE WRAP UP?
20:23:52 >>ORLANDO GUDES: THIS IS MY LAST QUESTION, MR. CHAIRMAN.
20:23:54 >>GUIDO MANISCALCO: GO AHEAD, COUNCILMAN GUDES.
20:23:56 >>ORLANDO GUDES: I HEARD MS. BENNETT AND MR. STEADY TALK
20:24:02 ABOUT CONVERSATIONS WERE HELD ABOUT RETAIL.
20:24:06 AM I CORRECT ON THAT?
20:24:12 >>GUIDO MANISCALCO: IS THERE SOMEONE TO ANSWER COUNCIL
20:24:14 MEMBER GUDES' QUESTION?
20:24:17 >> THIS IS SCOTT STIGALL FROM THE CITY.
20:24:20 THAT WAS DISCUSSED AS A PART OF THE RESOLUTION OF THE
20:24:22 MATTER.
20:24:22 THE CITY LOOKED AT THAT ALONG WITH MANY OTHER ISSUES THAT
20:24:25 WERE INVOLVED IN TRYING TO GET THIS MATTER RESOLVED.
20:24:30 AS YOU KNOW, JUST BECAUSE IT IS A MIXED USE, WE BELIEVE THAT
20:24:33 THE CITIZENS WERE OF THE BELIEF THAT IF YOU HAVE MIXED USE,
20:24:37 YOU HAD TO HAVE DIFFERENT USES.
20:24:40 WE EXPLAINED TO THEM HOW THAT REALLY WORKED.
20:24:42 AND WHEN WE TRIED TO IMPLEMENT SOME OF THE COMMERCIAL USES
20:24:48 IN THERE, IT DID NOT LOOK LIKE IT WAS GOING TO BE AN
20:24:50 EFFECTIVE USE OF THE PROPERTY.
20:24:52 IT WOULD BE A SMALL AMOUNT OF COMMERCIAL THAT WOULD MOSTLY
20:24:56 SERVE THE RESIDENTS OF THE CENTER, THAT REALLY DIDN'T
20:24:59 BELIEVE THAT WAS GOING TO BE MUCH OF A USE THERE.
20:25:01 YES, WE LOOKED AT THAT.
20:25:03 WE CONSIDERED THAT, GIVEN ALL THE OTHER CONDITIONS THAT WE
20:25:06 LOOKED AT, WE BELIEVE THAT THOSE WERE MORE IMPORTANT,
20:25:10 GETTING THE QUARTER MILLION DOLLARS FOR THE CITY TO HELP
20:25:12 DEVELOP THE PROPERTY OUT THERE, DEVELOP TYSON OUT THERE TO
20:25:17 IMPROVE THAT PROPERTY.
20:25:18 WE BELIEVE WE'RE MORE IMPORTANT -- MORE IMPORTANT ISSUES FOR
20:25:23 THE CITY, BENEFICIAL TO THE CITY AND TO THE RESIDENTS OF THE
20:25:25 CITY.
20:25:29 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:25:30 ANY OTHER COUNCIL MEMBERS?
20:25:32 CAN WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING?
20:25:38 >>LUIS VIERA: SO MOVED.
20:25:39 VIERA.
20:25:39 >>GUIDO MANISCALCO: COUNCILMAN VIERA WITH THE MOTION.
20:25:42 DO WE HAVE A SECOND?
20:25:43 SECOND FROM COUNCIL MEMBER GUDES.
20:25:46 IS THERE ANY OBJECTION TO CLOSING THE HEARING?
20:25:49 >>JOHN DINGFELDER: JUST BEFORE YOU CLOSE, MR. CHAIRMAN, IN
20:25:53 LIGHT OF THE FACT THAT MR. SHELBY WANTS US TO SPEAK BEFORE
20:25:59 WE CLOSE, I JUST WANT TO SAY I'M VERY TORN ON THIS.
20:26:06 ON THE ONE HAND, I HEAR MS. BENNETT AND MS. POYNOR AND THE
20:26:11 OTHER FOLKS WHO HAVE EXPRESSED THEIR OPINIONS IN THE PAST.
20:26:16 AND I THINK THEIR ARGUMENTS ARE VERY SOUND, AND WE HAVE SOME
20:26:24 SIGNIFICANT AND SEVERE EVACUATION CONCERNS, TRAFFIC
20:26:28 CONCERNS, ET CETERA.
20:26:31 YOU KNOW, A LOT OF PEOPLE SAY, OH, YOU CAN'T DENY REZONINGS
20:26:35 BECAUSE YOU'RE UNDER LITIGATION.
20:26:40 LIKE MR. VIERA, I'VE LITIGATED MY WHOLE CAREER, 20 PLUS
20:26:44 YEARS.
20:26:44 AND ALSO LIKE SCOTT, ET CETERA.
20:26:49 I'M NOT AFRAID OF LITIGATION.
20:26:52 I THINK THAT SOMETIMES WHEN IT'S IN THE COMMUNITY'S BEST
20:26:56 INTEREST, YOU DENY SOMETHING, AND IF THE DEVELOPER WANTS TO
20:26:59 TAKE THEIR LEGAL RIGHT TO SUE, THEN SO BE IT.
20:27:03 IN THIS CASE, THAT'S WHAT HAPPENED.
20:27:07 AND THEN WE WENT INTO THE STEADY HANDS OF SCOTT STEADY, AND
20:27:12 HE BROUGHT US AROUND TO I THINK SOME REASONABLE SETTLEMENT
20:27:18 OPPORTUNITIES.
20:27:19 I WAS VERY PLEASED THAT THE DEVELOPER WAS OFFERING A QUARTER
20:27:22 MILLION DOLLARS TO RELIEVE SOME OF THE LOCAL TRAFFIC
20:27:26 CONCERNS AND REDUCING SOME OF THE NUMBER OF UNITS, NOT
20:27:29 TREMENDOUSLY, BUT PARTIALLY, WHICH WILL MITIGATE SOME OF
20:27:34 THOSE HURRICANE EVACUATION CONCERNS.
20:27:38 IT'S NOT PERFECT.
20:27:41 LITIGATION AND MEDIATION AND SETTLEMENT IS NEVER PERFECT.
20:27:46 BUT I BELIEVE THAT -- I'M NOT GOING TO SAY HOW I'M GOING TO
20:27:50 VOTE.
20:27:50 MR. SHELBY DOESN'T LIKE THAT.
20:27:53 I'VE ALSO BEEN VERY -- I WAS VERY CONCERNED AND I STATED
20:27:57 EARLY ON THAT IT WORRIES ME ABOUT THIS DISCUSSION AND
20:28:01 MS. BATSEL'S TESTIMONY, ET CETERA, ABOUT HER LEGAL ANALYSIS
20:28:05 COULD CREATE A BAD PRECEDENT FOR FUTURE REZONINGS THAT MIGHT
20:28:11 BE COMING IN IN COASTAL HIGH HAZARD ZONE, AND WE'VE BEEN
20:28:16 ADVISED BY MS. JOHNSON-VELEZ AND OTHER ATTORNEYS THAT THAT'S
20:28:19 NOT THE CASE, THAT WE'RE IN A UNIQUE SITUATION HERE IN THIS
20:28:23 CHAPTER 71 PROCESS, AND THAT OUR STATEMENTS AND OUR VOTES
20:28:27 ARE NOT PRECEDENT SETTING.
20:28:30 SO IN LIGHT OF THAT, YOU KNOW, I'M COMFORTABLE WHERE WE ARE
20:28:36 RIGHT NOW, AND THAT'S ALL I HAVE TO SAY.
20:28:38 THANK YOU.
20:28:38 >>GUIDO MANISCALCO: COUNCILMAN VIERA, YES, SIR.
20:28:42 >>LUIS VIERA: THANK YOU VERY MUCH.
20:28:44 I WAS GOING TO SPEAK DURING THE VOTING TIME, BUT RELYING ON
20:28:47 MR. SHELBY'S WORDS, I'LL SAY SOMETHING NOW, IF I MAY, OR I
20:28:52 GUESS THE REPRESENTATION.
20:28:53 I'LL JUST SPEAK NOW REGARDLESS.
20:28:55 >>MARTIN SHELBY: I WANT TO BE CLEAR.
20:28:56 SORRY TO INTERRUPT, MR. VIERA.
20:28:58 THE ONLY THING I'M CONCERNED ABOUT IS CLOSING A PUBLIC
20:29:02 HEARING AND THEN HAVING AN OPPORTUNITY AFTER REBUTTAL TO
20:29:05 HAVE TO REOPEN IT.
20:29:06 AND ALSO, THE OTHER THING I'M CONCERNED ABOUT, I WANT TO PUT
20:29:09 IT IN THE RIGHT CONTEXT, IS TO NOT MAKE ANY CONCLUSIONS
20:29:13 UNTIL YOU'VE HEARD ALL OF THE TESTIMONY AND YOU'RE AT THAT
20:29:15 POINT NOW.
20:29:16 WHETHER YOU DISCUSS IT NOW OR DISCUSS IT WITH THE MOTION ON
20:29:19 THE FLOOR, TYPICALLY IT'S DONE WHEN THE MOTION IS ON THE
20:29:23 FLOOR BUT COUNCIL CERTAINLY IN ITS PAST HAS DONE IT THIS
20:29:26 WAY, TOO.
20:29:27 >>LUIS VIERA: THANK YOU, MR. SHELBY.
20:29:29 I THANK COUNCILMAN DINGFELDER FOR HIS WORDS AND LEADERSHIP.
20:29:33 ULTIMATELY HERE WE HAVE WHAT IS A COMPROMISE.
20:29:36 LIKE COUNCILMAN DINGFELDER AND ALL THE OTHER LAWYERS HERE, I
20:29:39 DON'T KNOW HOW MANY MEDIATIONS I'VE DONE THROUGHOUT --
20:29:43 AMAZING, 17 YEARS OF PRACTICING LAW.
20:29:46 TIME GOES PAST WHEN YOU'RE BILLING BY THE SECOND, BY THE
20:29:50 POINT ONE.
20:29:51 THE BEST MEDIATIONS AND WE'VE HEARD THIS A MILLION TIMES ARE
20:29:55 THE KIND OF MEDIATIONS WHERE BOTH SIDES LEAVE A LITTLE BIT
20:30:01 AGGRAVATED.
20:30:02 YOU NEVER HAVE A MEDIATION WHERE YOU LEAVE AND YOU GO, THAT
20:30:05 WAS A SLAM-DUNK, I REALLY SHOWED THEM.
20:30:08 I VERY RARELY GET THOSE, THAT'S FOR SURE, WHENEVER I AM
20:30:13 REPRESENTING MY CLIENT.
20:30:14 THAT'S WHAT WE HAVE HERE.
20:30:15 I APPRECIATE THE CONCERNS OF THOSE INDIVIDUALS WHO HAVE COME
20:30:17 HERE FROM THE NEIGHBORHOOD.
20:30:19 I APPRECIATE THOSE CONCERNS, AND I KNOW THAT THEY REPRESENT
20:30:23 THE SENTIMENTS OUT THERE.
20:30:25 AND THOSE SENTIMENTS, BY THE WAY, ARE NOT UNREASONABLE.
20:30:29 THE TRUTH IS, THOSE THAT WE HAVE TO WORK WITH THE CODE THAT
20:30:33 WE HAVE, I KNOW STEPHANIE, WHO IS A WONDERFUL PERSON, CAME
20:30:38 TO US A COUPLE OF MONTHS AGO REQUESTING TO CHANGE THE
20:30:42 APPLICABLE CODE ON SIMILAR AREAS.
20:30:46 SOMETHING WITHOUT GETTING INTO THE WEEDS THERE THAT
20:30:48 CERTAINLY WE CAN LOOK AT SO THAT WE DON'T HAVE CONFLICTS
20:30:53 LIKE THIS AS MUCH.
20:30:55 ULTIMATELY, WE PLAY WITH THE RULES THAT WE HAVE.
20:30:58 AND I THINK THE RULES THAT WE HAVE HERE ARE VERY, VERY
20:31:01 CLEAR.
20:31:01 I WANT TO BE VERY CLASSICALLY WHAT I SAY HERE IN THIS
20:31:04 REGARD, WITH REGARDS TO LITIGATION, BUT THIS COULD BE OUR
20:31:09 LAST CHANCE BEFORE THAT TRAIN LEAVES THE STATION, OUR LAST
20:31:14 CHANCE POWER DRIVE, SO TO SPEAK, BEFORE THE TRAIN LEAVES THE
20:31:18 STATION.
20:31:19 HAVE A PLAN THAT HAS THE OKAY FROM CITY OF TAMPA, FROM
20:31:22 PLANNING COMMISSION, WE TAKE THAT TO COURT WITHOUT AND,
20:31:26 AGAIN, SOMEBODY STOP ME IF I'M BEING IMPROPER, WE'RE
20:31:29 CERTAINLY TAKING OUR CHANCES.
20:31:31 A YES VOTE ON THIS MAY NOT BE THE MOST POPULAR THING TO DO,
20:31:37 BUT ULTIMATELY I THINK THE FACTS WITHOUT MAKING CONCLUSORY
20:31:41 STATEMENT SHOW THAT IT'S THE RESPONSIBLE LONG TERM THING TO
20:31:45 DO, AND I THINK THAT'S WHAT WE HAVE TO BE CONCERNED WITH,
20:31:48 PLAYING WITH THE RULES WE HAVE IN A SITUATION LIKE THIS.
20:31:51 THE SOLUTION FOR ME IS NOT TO EXPOSE THE CITY TO LITIGATION.
20:31:55 LITIGATION THAT MAY VERY WELL GET AWAY FROM US.
20:31:59 LITIGATION THAT MAY BE SIX MONTHS DOWN THE ROAD, NINE MONTHS
20:32:02 DOWN THE ROAD, WE LOOK BACK AND GO, AFTER WE SEE THE
20:32:06 DAMAGES, WE SEE THE ATTORNEYS' FEES' BUILD UP, WE GO, WISH
20:32:10 WE WOULD HAVE LOOKED AT IT DIFFERENTLY WHEN WE GET TO SEE
20:32:13 THE REPORT IN CITY COUNCIL AND OUT IN THE MEDIA.
20:32:18 AGAIN, THIS IS CERTAINLY NOT SOMETHING THAT IS PERFECT FOR
20:32:22 ALL PARTIES CONCERNED.
20:32:24 IT'S A COMPROMISE.
20:32:27 BUT, AGAIN, IT'S OUR LAST CHANCE TO BE ABLE TO HAVE A SAY IN
20:32:31 IT BEFORE THAT TRAIN LEAVES THE STATION.
20:32:34 WHEN THE TRAIN LEAVES THE STATION, I DON'T KNOW IF THIS
20:32:36 CASE, I PLEAD IGNORANCE, IF THIS GOES IN FRONT OF A JURY OR
20:32:40 A BENCH TRIAL.
20:32:41 IF IT'S A JURY, YOU'RE GOING TO HAVE SIX PEOPLE WHO WE'VE
20:32:44 NEVER MET IN OUR LIVES, WHOSE ONLY QUALIFICATION TO SIT
20:32:47 THERE IS GOING TO BE A DRIVER'S LICENSE, NOT EVEN REGISTERED
20:32:51 VOTERS.
20:32:52 A DRIVER'S LICENSE.
20:32:53 THEY ARE GOING TO BE IN CHARGE OF THIS CASE.
20:32:55 IT'S OUR LAST CHANCE BEFORE THAT TRAIN LEAVES THE STATION
20:32:58 AND WE DON'T KNOW WHERE THAT TRAIN IS GOING.
20:33:00 JUST MY THOUGHTS ON IT.
20:33:02 THANK YOU, MR. CHAIR.
20:33:02 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:33:04 COUNCILMAN MIRANDA, YOU ARE MUTED.
20:33:05 >>CHARLIE MIRANDA: I'M NOT MUTED.
20:33:09 >>GUIDO MANISCALCO: I'M SORRY.
20:33:10 GO AHEAD, SIR.
20:33:10 >>CHARLIE MIRANDA: MY BRAIN IS MUTED, BUT NOT ME.
20:33:15 LET ME SAY THIS, THE THINGS THAT I'VE LISTENED VERY
20:33:18 CAREFULLY TO WHAT'S BEEN GOING ON AND LISTEN TO BOTH
20:33:21 CONVERSATIONS.
20:33:22 CERTAINLY THE NEIGHBORHOOD HAS THE RIGHT TO FEEL THE WAY
20:33:24 THEY DO.
20:33:24 I APPRECIATE IT.
20:33:25 I THINK THEY PRESENTED THE CASE ON THEIR BEHALF.
20:33:33 -- HEARD FROM THE PEOPLE THAT WERE SPEAKING ABOUT IT, IS
20:33:35 THIS ZONING GOING TO BE SOMETHING THAT CATAPULT OTHER FUTURE
20:33:41 ZONINGS IN THE SAME DIRECTION OR, THEN I HEARD WHAT HAPPENS
20:33:45 IF THE COURT, IF THIS IS APPEALED TO THE COURT, WE GO TO
20:33:48 COURT AND WE LOSE AUTOMATICALLY, YOU'RE GOING TO GET WHAT
20:33:52 SOMEBODY MAY NOT LIKE DUE TO MORE DEVELOPMENT.
20:33:55 THAT'S WHAT MY UNDERSTANDING WAS.
20:33:57 I'M NOT A LAWYER.
20:33:59 I'VE NEVER BEEN A LAWYER.
20:34:00 ONLY BEEN INVOLVED IN ONE CASE, AND IT WENT ALL THE WAY TO
20:34:03 THE SUPREME COURT.
20:34:04 AND THAT WAS 1972.
20:34:07 SO LOOK IT UP.
20:34:08 MIRANDA VERSUS FLORIDA.
20:34:11 I WAS LOOKING AT THIS AND I'M SAYING TO MYSELF, WHAT HAPPENS
20:34:15 HERE?
20:34:16 NOT THE $250,000 THAT I THINK IS THE GREATEST THING IN THE
20:34:21 WORLD IS THE UNKNOWN OF WHAT CAN HAPPEN, IF IT DOES HAPPEN,
20:34:26 WHAT AMOUNT IS THAT GOING TO BE, AND NOT ONLY DO YOU HAVE TO
20:34:30 PAY, YOU'RE GOING TO HAVE TO MORE LIKELY -- IF THE COURT
20:34:34 RULES IN THE FAVOR OF THE DEVELOPER, THEN THE BARN DOOR IS
20:34:42 OPEN, AND NO MATTER WHAT, THIS COUNCIL OR ANY FUTURE COUNCIL
20:34:45 SAYS, IT WILL NOT BE HELD AS NOT PASSIBLE.
20:34:49 IT WILL PASS BECAUSE THE COURT HAS ALREADY RULED ON IT.
20:34:53 SO THOSE ARE THE THINGS THAT I'M CONCERNED ABOUT.
20:34:55 I REALLY APPRECIATE EVERYONE'S CONCERN.
20:34:58 I BELIEVE THE NEIGHBORS DID A MARVELOUS JOB IN PRESENTATION.
20:35:02 I ALSO BELIEVE THE DEVELOPER DID A PRESENTATION AND THE CITY
20:35:06 MADE THEIR CASE.
20:35:07 SO WE ARE, US SEVEN, ARE THE ONES THAT ARE GOING TO
20:35:12 DETERMINE WHAT THIS IS ALL ABOUT.
20:35:16 AS YOU WELL KNOW, IT GOT 7-0 I BELIEVE IT WAS IN THE FIRST
20:35:19 GO-AROUND AND WE ENDED UP HERE TODAY SAYING THAT WHAT
20:35:24 HAPPENED, THAT THIS COUNCIL IN THE EYES OF THE GENTLEMAN WHO
20:35:29 SPOKE EARLIER, SAYS THAT WE INCORRECTLY DID IT WITHOUT
20:35:33 SAYING IT, THAT'S WHAT THEY SAY.
20:35:35 I'LL WEIGH MY FEELINGS UNTIL WE VOTE.
20:35:40 I DON'T WANT TO MAKE ANY STATEMENTS LIKE THIS, BUT I JUST
20:35:43 WANT TO SAY THAT WHAT I HEARD WAS NOT VERY COMPLEMENTARY
20:35:47 TOWARDS THE CITY.
20:35:49 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:35:51 ANYBODY ELSE?
20:35:51 CAN WE GET A MOTION TO CLOSE THE PUBLIC HEARING?
20:35:55 MOTION TO CLOSE FROM COUNCILMAN MIRANDA.
20:35:57 DO WE HAVE A SECOND?
20:35:58 COUNCILMAN GUDES.
20:35:59 ANY OBJECTION?
20:36:01 HEARING NONE, BY UNANIMOUS CONSENT THIS PUBLIC HEARING IS
20:36:04 NOW CLOSED.
20:36:05 WHAT IS THE PLEASURE OF COUNCIL?
20:36:09 WE HAVE SEVERAL OPTIONS HERE TO ACCEPT, REJECT, OR MODIFY,
20:36:15 OF COURSE, WITH FURTHER DETAIL.
20:36:19 WHOMEVER WISHES TO TAKE THIS AND MOVE ON THIS.
20:36:21 >>CHARLIE MIRANDA: MR. CHAIRMAN, I'LL TAKE A STAB AT IT, ONE
20:36:26 WAY OR THE OTHER.
20:36:26 THERE WERE THREE THINGS THAT WERE SAID EARLIER ABOUT QUASH,
20:36:26 DECLARATORY JUDGMENT, AND DAMAGES, THOSE ARE THE THREE
20:36:32 THINGS THAT MS. VELEZ SPOKE TO EARLIER.
20:36:35 AND AFTER LISTENING TO A VERY WELL-PRESENTED CASE ON BOTH
20:36:41 SIDES, ON BOTH SIDES, IT IS MY OPINION THAT WE SHOULD READ
20:36:46 THE ORDINANCE AND ACCEPT THE HEARING -- THE SUGGESTION OF
20:36:52 THE HEARING OFFICER.
20:36:57 >>LUIS VIERA: SECOND.
20:36:57 SORRY, SORRY.
20:37:00 >>CHARLIE MIRANDA: WHAT DO I DO NOW?
20:37:03 COMBINATION OF SCOTT STEADY AND I DON'T KNOW THE WORDING
20:37:08 BECAUSE IT'S NOT SOMETHING YOU READ EVERY DAY.
20:37:10 >>MARTIN SHELBY: MS. JOHNSON-VELEZ, ARE YOU ABLE TO ASSIST
20:37:13 IN HOW CITY COUNCIL SHOULD PROCEED?
20:37:18 >>SUSAN JOHNSON-VELEZ: WELL, COUNCIL NEEDS TO, THEY NEED TO
20:37:25 ANNOUNCE THEIR VOTE WHETHER THEY ARE ACCEPTING -- LIKE TO
20:37:30 MODIFY THE RECOMMENDATION OF THE SPECIAL MAGISTRATE.
20:37:32 >>MARTIN SHELBY: SO THEN THE FIRST STEP THEN WOULD BE -- AND
20:37:35 CORRECT ME IF I'M WRONG -- THE FIRST STEP THEN WOULD BE A
20:37:38 MOTION AS TO WHETHER TO ACCEPT OR REJECT OR MODIFY, AND THEN
20:37:44 HAVE A SECOND ON THAT, HAVE A VOTE ON THAT, AND DEPENDING ON
20:37:48 WHAT THAT IS WHETHER OR NOT THE ORDINANCE GETS READ FOR
20:37:54 FIRST READING CONSIDERATION.
20:37:55 >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT.
20:37:59 >>CHARLIE MIRANDA: I'LL TAKE A STAB AT IT.
20:38:01 LET ME TELL YOU WHY I READ THIS.
20:38:06 LIKE MR. VIERA SAID, YOU HAVE INDIVIDUALS IN THE COURT WHO
20:38:08 ARE GOING TO HEAR IT WHO DON'T KNOW MUCH ABOUT US OR THE
20:38:12 CITY AND THEY ARE THE ONES THAT MAKE THE JUDGMENT.
20:38:14 BUT WE WENT FROM 13 BUILDINGS TO 11.
20:38:17 358 UNITS TO 325.
20:38:21 THERE'S MONETARY THING FOR THE IMPROVEMENTS IN TYSON.
20:38:27 MY MOTION IS TO APPROVE THE MAGISTRATE'S REQUEST TO SETTLE
20:38:34 THIS THING THAT SCOTT STEADY IS THE ONE WHO DID THE SPECIAL
20:38:39 MAGISTRATE THAT HEARD THIS RELIEF AND THAT --
20:38:46 >>GUIDO MANISCALCO: COUNCILMAN VIERA, DO YOU STILL SECOND
20:38:48 THAT?
20:38:48 >>LUIS VIERA: YES, SIR.
20:38:52 >>GUIDO MANISCALCO: LET'S TAKE A ROLL-CALL VOTE.
20:38:54 >>MARTIN SHELBY: IS THERE ANY FURTHER DISCUSSION ON THE
20:38:56 MOTION BEFORE YOU TAKE A VOTE?
20:38:58 >>GUIDO MANISCALCO: ANY DISCUSSION BY COUNCIL MEMBERS ON
20:38:59 THIS MOTION?
20:39:00 >>MARTIN SHELBY: ROLL-CALL VOTE, PLEASE.
20:39:02 >>THE CLERK: VIERA?
20:39:04 >>LUIS VIERA: YES.
20:39:04 >>ORLANDO GUDES: YES.
20:39:06 >>JOHN DINGFELDER: HOLD ON.
20:39:10 YES.
20:39:14 CAN YOU HEAR ME?
20:39:15 >>THE CLERK: YES.
20:39:17 MANISCALCO.
20:39:17 >>GUIDO MANISCALCO: NO.
20:39:19 >>BILL CARLSON: NO.
20:39:21 >>JOSEPH CITRO: NO.
20:39:29 >>CHARLIE MIRANDA: YES.
20:39:30 >>THE CLERK: THE MOTION CARRIED WITH MANISCALCO, CARLSON AND
20:39:33 CITRO VOTING NO.
20:39:36 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:39:38 THAT CONCLUDES THE AGENDA.
20:39:39 >>MARTIN SHELBY: NO, SIR.
20:39:41 IT'S NOT OVER YET, SIR.
20:39:43 I BELIEVE THEN WHAT IS NECESSARY THEN IS FOR THE ORDINANCE
20:39:47 TO BE READ ON FIRST READING CONSIDERATION.
20:39:50 AM I CORRECT ABOUT THAT, MS. JOHNSON-VELEZ?
20:39:52 >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT, MR. SHELBY.
20:39:54 >>GUIDO MANISCALCO: WHO WOULD LIKE TO READ THIS ORDINANCE?
20:39:56 COUNCILMAN MIRANDA, GO AHEAD.
20:40:05 >>CHARLIE MIRANDA: THE ORDINANCE IS FILE NUMBER REZ 19-77,
20:40:11 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF
20:40:14 5105 WEST TYSON AVENUE IN THE CITY OF TAMPA, FLORIDA AND
20:40:18 MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING
20:40:20 DISTRICT CLASSIFICATION IG INDUSTRIAL GENERAL TO PD PLANNED
20:40:24 DEVELOPMENT, RESIDENTIAL, MULTIFAMILY AND RESIDENTIAL,
20:40:27 SINGLE-FAMILY ATTACHED; PROVIDING AN EFFECTIVE DATE.
20:40:31 SHOULD I SAY ALONG WITH THE RECOMMENDATION OF THE
20:40:33 MAGISTRATE?
20:40:35 >>SUSAN JOHNSON-VELEZ: YOUR PRIOR VOTE --
20:40:39 >>CHARLIE MIRANDA: ALL RIGHT.
20:40:40 I'LL LEAVE IT LIKE THAT.
20:40:41 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
20:40:42 >>LUIS VIERA: VIERA.
20:40:44 >>GUIDO MANISCALCO: VIERA WITH A SECOND.
20:40:45 ANY DISCUSSION?
20:40:47 >>MARTIN SHELBY: MR. CHAIRMAN, MR. MIRANDA, COULD YOU ADD
20:40:51 THE LANGUAGE WITH REGARD TO THE COMPLIANCE AND THE -- THAT
20:40:55 THE FINDINGS THAT HAVE BEEN MADE --
20:40:59 >>CHARLIE MIRANDA: LET ME SEE IF I FIND THAT PAPER BECAUSE I
20:41:02 HAD PUT IT AWAY ALREADY.
20:41:03 I APOLOGIZE TO MY COLLEAGUES AND TO EVERYONE LISTENING.
20:41:11 I HAD THE FORM HERE AND I DISCARDED IT, I BELIEVE.
20:41:15 >>MARTIN SHELBY: IF YOU CAN, THE FACT THAT IT COMPLIES WITH
20:41:20 THE COMPREHENSIVE PLAN AND THE CITY OF TAMPA CODE WITH
20:41:26 REGARD TO --
20:41:29 >>CHARLIE MIRANDA: IT COMPLIES WITH THE CITY OF TAMPA CODE
20:41:31 AND WITH THE PLANNING COMMISSION'S RECOMMENDATION, I BELIEVE
20:41:33 ALSO.
20:41:35 >>MARTIN SHELBY: THANK YOU, SIR.
20:41:37 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:41:38 THE SECOND ONE IS FROM COUNCILMAN VIERA.
20:41:41 >>LUIS VIERA: YES.
20:41:44 >>GUIDO MANISCALCO: LET'S HAVE A ROLL-CALL VOTE.
20:41:45 >>LUIS VIERA: YES.
20:41:48 >>ORLANDO GUDES: YES.
20:41:48 >>JOHN DINGFELDER: YES.
20:41:51 >>GUIDO MANISCALCO: NO.
20:41:54 >>BILL CARLSON: NO.
20:41:56 >>JOSEPH CITRO: NO.
20:41:58 >>CHARLIE MIRANDA: YES.
20:42:02 >>THE CLERK: THE MOTION CARRIED WITH MANISCALCO, CARLSON,
20:42:06 AND CITRO VOTING NO.
20:42:08 SECOND READING AND ADOPTION WILL BE HELD ON SEPTEMBER 24th
20:42:11 AT 6 P.M.
20:42:13 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:42:16 >> THANK YOU FOR YOUR TIME.
20:42:17 >>GUIDO MANISCALCO: THAT CONCLUDES OUR AGENDA.
20:42:20 >> I HAVE A QUESTION FOR MARTIN SHELBY.
20:42:23 >>MARTIN SHELBY: WHO IS ASKING THE QUESTION?
20:42:26 >>GUIDO MANISCALCO: CARROLL ANN BENNETT FROM PUBLIC COMMENT.
20:42:28 SHE IS STILL ON.
20:42:29 >>MARTIN SHELBY: WELL, I WOULD SAY THE HEARING IS CLOSED AND
20:42:31 I WOULD ALSO SAY -- FIRST OF ALL, IT'S STILL IN TERMS OF A
20:42:36 QUASI-JUDICIAL STATUS, YOU STILL HAVE A SECOND READING
20:42:40 COMING UP.
20:42:40 I WOULD ADVISE COUNCIL TO NOT DISCUSS THIS OUTSIDE THE
20:42:46 PUBLIC HEARING, AND LIKEWISE, ASSUMING, DEPENDING ON WHAT
20:42:51 HAPPENS AT SECOND READING, YOU'D STILL HAVE AN APPEAL PERIOD
20:42:55 EVEN AFTER THAT.
20:42:55 THAT WOULD BE MY ADVICE.
20:42:58 >>GUIDO MANISCALCO: BETTER TO WAIT UNTIL SECOND READING TO
20:43:00 SPEAK.
20:43:00 THERE WILL BE ANOTHER OPPORTUNITY.
20:43:02 THIS PUBLIC HEARING IS CLOSED.
20:43:04 >>MARTIN SHELBY: I WOULD PREFER THAT WE TALK OFF LINE ABOUT
20:43:07 IT.
20:43:08 THE PUBLIC HEARING IS CLOSED.
20:43:11 I APPRECIATE THAT.
20:43:12 THANK YOU.
20:43:12 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:43:13 INFORMATION AND REPORTS, NEW BUSINESS BY COUNCIL MEMBERS?
20:43:17 COUNCIL MEMBER VIERA?
20:43:19 >>LUIS VIERA: NOTHING, SIR.
20:43:20 >>ORLANDO GUDES: NOTHING, SIR.
20:43:23 >>JOHN DINGFELDER: JUST WANTED TO COMPLIMENT YOU, MR.
20:43:29 CHAIRMAN, ON A GREAT MEETING.
20:43:31 THESE ARE VERY TOUGH.
20:43:32 YOU'RE DOING A GREAT JOB.
20:43:34 WE APPRECIATE IT.
20:43:35 NOTHING ELSE.
20:43:35 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:43:36 COUNCIL MEMBER CARLSON?
20:43:38 >>BILL CARLSON: SAME.
20:43:39 THANK YOU FOR YOUR LEADERSHIP AND THANK YOU FOR STAFF FOR
20:43:42 WORKING ON THIS SO DILIGENTLY.
20:43:43 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:43:45 COUNCIL MEMBER CITRO.
20:43:46 YOU'RE ON MUTE, SIR.
20:43:49 UNMUTE YOURSELF.
20:43:50 >>JOSEPH CITRO: ANYWAYS, THANK YOU, MR. CHAIR.
20:43:55 NOTHING THIS EVENING.
20:43:56 THANK YOU VERY MUCH.
20:43:56 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
20:43:59 COUNCILMAN MIRANDA.
20:44:00 >>CHARLIE MIRANDA: NOTHING SIR.
20:44:01 THANK YOU VERY MUCH, APPRECIATE IT.
20:44:02 >>GUIDO MANISCALCO: MOTION TO RECEIVE AND FILE ALL
20:44:04 DOCUMENTS?
20:44:04 >>CHARLIE MIRANDA: RECEIVE AND FILE.
20:44:05 >>GUIDO MANISCALCO: MOTION BY COUNCIL MEMBER MIRANDA.
20:44:07 SECONDED BY COUNCIL MEMBER GUDES.
20:44:09 ANY OBJECTION?
20:44:10 HEARING AND SEEING NONE, THE MOTION PASSES.
20:44:12 WE ARE ADJOURNED.
20:44:13 THANK YOU VERY MUCH.
20:44:14 GOOD NIGHT.
20:44:14 SEE YOU NEXT THURSDAY.
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