TAMPA CITY COUNCIL
THURSDAY, DECEMBER 10, 2020
5:01 P.M.
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05:01:00
05:01:26 >> GUIDO MANISCALCO: GOOD AFTERNOON.
05:06:10 I WOULD LIKE TO CALL THIS TAMPA CITY COUNCIL MEETING TO
05:06:12 ORDER.
05:06:12 IF WE CAN HAVE ROLL CALL, PLEASE.
05:06:14 >>LUIS VIERA: HERE.
05:06:17 >>ORLANDO GUDES: HERE.
05:06:20 >>JOSEPH CITRO: HERE.
05:06:22 >>CHARLIE MIRANDA: HERE.
05:06:23 >>GUIDO MANISCALCO: HERE.
05:06:26 MR. SHELBY?
05:06:28 >>MARTIN SHELBY: YES.
05:06:29 IF THE CLERK CAN ANNOUNCE THAT WE DO HAVE A QUORUM.
05:06:32 IS THAT CORRECT, MR. CLERK?
05:06:33 >>THE CLERK: WE DO HAVE A QUORUM.
05:06:35 WE HAVE NOTICE FROM MR. CARLSON HE WILL NOT BE ABLE TO
05:06:38 ATTEND AND MR. DINGFELDER THAT HE MAY BE LATE FOR THE
05:06:40 MEETING.
05:06:40 >>MARTIN SHELBY: GOOD EVENING, MR. CHAIRMAN, MEMBERS OF
05:06:45 THE TAMPA CITY COUNCIL.
05:06:46 MARTIN SHELBY, THE CITY COUNCIL ATTORNEY.
05:06:48 TONIGHT'S MEETING, THURSDAY, DECEMBER 10, 2020, HEAR AT
05:06:52 THE TAMPA CONVENTION CENTER, ARE FOR QUASI-JUDICIAL AND
05:06:56 OTHER LAND USE RELATED EVENING AGENDA ITEMS HELD DURING
05:07:00 THE COVID-19 STATE OF EMERGENCY.
05:07:03 THIS MEETING IS BEING CONDUCTED LIVE WITH AN IN-PERSON
05:07:06 QUORUM PRESENT WITH THE OPTION OF REMOTE PARTICIPATION
05:07:09 USING WHAT IS REFERRED TO BY THE STATE OF FLORIDA
05:07:11 STATUTES AND RECALLS AS COMMUNICATIONS MEDIA TECHNOLOGY
05:07:14 OR CMT.
05:07:16 THIS MEETING IS BEING HELD IN ACCORDANCE WITH THE
05:07:18 EMERGENCY RULES OF PROCEDURE AS ADOPTED BY RESOLUTION
05:07:21 2020-225 AND AS AMENDED BY RESOLUTION NUMBER 2020-490.
05:07:28 THE PUBLIC AND THE CITIZENS OF TAMPA ARE ABLE TO WATCH,
05:07:31 LISTEN AND VIEW THIS MEETING ON CABLE TV, SPECTRUM
05:07:34 CHANNEL 640 AND FRONTIER CHANNEL 15 AND ON THE INTERNET
05:07:39 AT WWW.TAMPAGOV.NET/LIVESTREAM.
05:07:45 AND SINCE THIS MEETING IS BEING CONDUCTED WITH CMT, THE
05:07:49 FOLLOWING ALTERNATIVE METHODS HAVE BEEN ESTABLISHED FOR
05:07:52 MEMBERS OF THE PUBLIC TO OFFER EVIDENCE OR TESTIMONY
05:07:55 DURING THE PUBLIC HEARING IN PERSON HERE AT THE TAMPA
05:07:58 CONVENTION CENTER AT 333 SOUTH FRANKLIN STREET AT THE
05:08:02 CHANNEL ENTRANCE, SPEAKING REMOTELY DURING THE PUBLIC
05:08:06 HEARING USING CMT AND PREREGISTERING BY E-MAIL OR U.S.
05:08:10 MAIL, AND PARTICIPATING USING CMT AT THE TAMPA CONVENTION
05:08:14 CENTER VIA USE OF A KIOSK OUTSIDE THE MEETING ROOM FOR
05:08:18 THOSE PEOPLE WHO DON'T WANT TO COME INTO THE ROOM.
05:08:21 COUNCIL, WRITTEN COMMENTS RECEIVED BY MAIL OR E-MAIL HAVE
05:08:23 BEEN DISTRIBUTED TO CITY COUNCIL AND WILL ALSO BE
05:08:26 INCLUDED IN THE PROGRAM RECORD OF THE MEETING.
05:08:29 AND ALL PUBLIC COMMENTS TIMELY RECEIVED BY MAIL OR E-MAIL
05:08:33 WILL BE AFFORDED EQUAL CONSIDERATION AS IF THE PUBLIC
05:08:36 COMMENTS WERE MADE IN PERSON.
05:08:39 MAY I JUST INQUIRE FROM MS. WELLS IF YOU WANT TO ADDRESS
05:08:43 COUNCIL AT THIS TIME?
05:08:45 OR 6:00?
05:08:47 6:00.
05:08:47 THANK YOU VERY MUCH, MR. CHAIRMAN.
05:08:48 JUST ONE MORE COMMENT IF I CAN FOR THE PURPOSES OF THE
05:08:50 HEARING.
05:08:52 THE 5:00 HEARINGS.
05:08:53 MY UNDERSTANDING IS THAT THE PETITIONER REFERENCE ITEM
05:08:57 NUMBER 10 IS FOR 5:00. I WANT TO ANNOUNCE TO THE PUBLIC
05:09:03 AND THOSE PRESENT THAT ITEM NUMBER 10 IS TIED AND
05:09:08 ASSOCIATED WITH ITEM NUMBER 16 WHICH IS SET FOR 6:00 SO
05:09:11 ITEM 10 AND 16 WILL BE HEARD TOGETHER AFTER 6:00 P.M.,
05:09:15 AND JUST WANTED TO NOTIFY THE PUBLIC OF THAT FACT.
05:09:19 THANK YOU, SIR.
05:09:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:09:21 BEFORE WE BEGIN, A QUESTION OF THE CLERK.
05:09:24 HOW MANY RECORDED VOICE MAILS DO WE HAVE?
05:09:33 >> THERE ARE NO RECORDED VOICE MAILS FOR THE EVENING
05:09:36 SESSION.
05:09:37 >>GUIDO MANISCALCO: BUT WE DO HAVE ABOUT 60 REGISTERED
05:09:40 SPEAKERS SO IT WILL BE A LONG NIGHT.
05:09:41 ITEM NUMBER 1 IS COUNCIL MEMBER GUDES.
05:09:43 DO YOU WANT TO CONTINUE THIS?
05:09:45 >>ORLANDO GUDES: YES, SIR, MR. CHAIRMAN.
05:09:59 ITEM NUMBER 1, CONTINUE IT TO JANUARY 28, 2021.
05:10:08 WE CAN HAVE HIM BACK HERE AT THAT PARTICULAR TIME,
05:10:11 JANUARY 28th.
05:10:13 >>GUIDO MANISCALCO: SECOND BY COUNCIL MEMBER MIRANDA.
05:10:16 ALL IN FAVOR?
05:10:17 OPPOSED?
05:10:17 ITEM NUMBER 2, WE HAVE A LETTER FROM THE PETITIONER'S
05:10:21 REPRESENTATIVE THAT THE SAID PETITION BE WITHDRAWN.
05:10:26 MAY I HAVE A MOTION TO WITHDRAW ITEM NUMBER 2?
05:10:28 >>CHARLIE MIRANDA: SO MOVED.
05:10:30 >> MOTION FROM COUNCIL MEMBER MIRANDA.
05:10:34 SECOND BY CITRO.
05:10:36 ANY OPPOSED?
05:10:36 >>MARTIN SHELBY: I'M SORRY TO INTERRUPT AND GO BACK TO
05:10:39 COUNCILMAN GUDES' MOTION TO MAKE SURE IT'S CLEAR FOR THE
05:10:42 RECORD.
05:10:42 YOU WANTED THAT AT 5:01 P.M.?
05:10:45 >>ORLANDO GUDES: THE EVENING, YES, SIR.
05:10:47 >>GUIDO MANISCALCO: AND I DID NOT ASK FOR A MOTION TO
05:10:49 OPEN THE PUBLIC HEARINGS.
05:10:51 JUST 5:01.
05:10:53 MOTION FROM GUDES, SECOND BY CITRO.
05:10:56 ALL IN FAVOR?
05:10:56 ANY OPPOSED?
05:10:57 WE GO TO ITEM NUMBER 3.
05:10:59 AND ITEM NUMBER 3 IS CONNECTED TO ITEM NUMBER 19.
05:11:03 SO THAT DOES NOT BEGIN UNTIL 6:00 P.M.
05:11:08 WE'LL HEAR ITEM NUMBER 3.
05:11:09 WE'LL TAKE THAT VOTE.
05:11:10 AT 6 P.M. WE'LL GO TO ITEM NUMBER 19 SO WE CAN MOVE IT
05:11:15 ALONG.
05:11:16 SO ITEM NUMBER 3, GO AHEAD.
05:11:17 >>DAVID HEY: PLANNING COMMISSION STAFF.
05:11:23 THE NEXT ITEM, THE ONLY PLAN AMENDMENT RELATED ITEM THIS
05:11:28 EVENING IS TACPA 20-32.
05:11:33 IF I COULD SHARE MY SCREEN, PLEASE.
05:11:46 ALL RIGHT.
05:11:46 HOPEFULLY YOU ARE ALL SEEING ME ON MY SCREEN.
05:11:50 >>GUIDO MANISCALCO: YES, WE ARE.
05:11:51 GO AHEAD.
05:11:51 >>DAVID HEY: THIS PLAN AMENDMENT IS PART OF THE AUGUST
05:11:59 CYCLE OF PLAN AMENDMENTS.
05:12:00 IT'S LOCATED AT 3121 NORTH NEW PORT.
05:12:05 >>JOSEPH CITRO: MR. CHAIR, I BELIEVE MR. HEY HAS MUTED
05:12:27 HIMSELF.
05:12:28 >>GUIDO MANISCALCO: MR. HEY, WE CAN'T HEAR YOU.
05:12:30 >>DAVID HEY: I DON'T KNOW WHAT HAPPENED THERE BUT I'M
05:12:33 BACK NOW.
05:12:34 CAN YOU HEAR ME?
05:12:35 >>GUIDO MANISCALCO: YES, SIR.
05:12:35 GO AHEAD.
05:12:35 >>DAVID HEY: HOPEFULLY, I DIDN'T MISS MUCH, BUT HEAR IS
05:12:40 THE AERIAL OF THE SUBJECT SITE.
05:12:43 IT'S OUTLINED IN YELLOW.
05:12:47 IMMEDIATELY TO THE EAST OF THE SUBJECT SITE IS THE
05:12:51 UNIVERSITY OF TAMPA CAMPUS.
05:12:54 TO THE WEST IS NORTH WILLOW AVENUE, AND THEN WE HAVE CASS
05:12:58 STREET TWO BLOCKS TO THE NORTH.
05:13:01 THIS IS THE CSX RIGHT-OF-WAY DOWN TO SOUTH TAMPA HERE.
05:13:07 AND THEN KENNEDY BOULEVARD IS TO THE SOUTH.
05:13:10 THIS AREA TYPICALLY HAS A NUMBER OF INDUSTRIAL, LIGHT
05:13:16 INDUSTRIAL USES, WAREHOUSING, OFFICES AND THINGS LIKE
05:13:20 THAT.
05:13:26 HERE WE HAVE A PICTURE OF THE SUBJECT SITE.
05:13:32 HERE WE ARE LAG ON WEST FIG STREET FACING WEST.
05:13:35 THIS IS THE SUBJECT SITE ON THE LEFT.
05:13:40 THIS IS THE INTERSECTION OF NORTH GILCHRIST AVENUE AND
05:13:43 WEST TWIGGS STREET ON THE NORTH SIDE OF THE SUBJECT SITE.
05:13:48 YOU CAN SEE THE LIGHT INDUSTRIAL NATURE.
05:13:56 THEN WE HAVE WEST FIG STREET FACING KIND OF NORTHWEST.
05:13:59 THIS IS THE SUBJECT SITE ON THE LEFT HERE.
05:14:01 AND THERE'S MORE PHOTOS IN YOUR PACKET.
05:14:09 A LITTLE BACKGROUND ABOUT THE REQUEST, IT'S PRIVATELY
05:14:13 INITIATED. THIS MAY LOOK TO YOU.
05:14:15 THIS SITE WAS SUBJECT TO THE URBAN MIXED USE 60 CATEGORY,
05:14:23 TACPA 19-17.
05:14:26 IT IS A SMALL-SCALE, APPROXIMATELY 1.78 ACRES.
05:14:30 AGAIN, THIS SITE CURRENTLY IS DESIGNATED THE URBAN MIXED
05:14:34 USE 60 FUTURE LAND USE CATEGORY, AND THE APPLICANT IS
05:14:37 LOOKING TO GO TO THE REGIONAL MIXED USE 100 FUTURE LAND
05:14:41 USE CATEGORY.
05:14:45 HERE WE HAVE THE CURRENTLY ADOPTED FUTURE LAND USE MAP.
05:14:49 YOU CAN SEE THE SUBJECT SITE AND PROPERTIES BASICALLY TO
05:14:53 THE NORTHEAST AND SOUTHWEST, KIND OF LIGHT PURPLE PINKISH
05:15:04 COLOR HERE.
05:15:05 THAT'S THE URBAN MIXED USE 60.
05:15:08 THE LIGHTER PINK TO THE WEST ALL IN THIS AREA HERE,
05:15:13 THAT'S THE GENERAL MIXED USE 24.
05:15:16 THAT ALLOWS RESIDENTIAL LIGHT INDUSTRIAL AND COMMERCIAL
05:15:21 USES.
05:15:22 THE BLUE REPRESENTS PUBLIC SEMI-PUBLIC, AND THAT
05:15:26 REPRESENTS PROPERTIES HELD BY THE UNIVERSITY OF TAMPA.
05:15:29 AND THEN KENNEDY BOULEVARD IS TO THE SOUTH.
05:15:32 YOU CAN SEE THERE'S SOME REGIONAL MIXED USE 100 DOWN HERE
05:15:36 SOUTH OF THE UNIVERSITY.
05:15:39 AND THEN THERE'S ALSO SOME AT THE NORTHEAST CORNER OF
05:15:43 WEST CASS AND NORTH BOULEVARD.
05:15:47 THE FURTHER WEST YOU GO, IT DOES TAPER DOWN INTO
05:15:50 RESIDENTIAL CATEGORIES.
05:15:52 THIS IS A RESIDENTIAL 20, THIS LIGHT BROWN.
05:15:55 YOU HAVE GOT COMMUNITY MIXED USE 35 AT CASS, THE
05:16:00 SOUTHWEST CORNER OF CASS AND WILLOW.
05:16:02 AND THEN YOU ACTUALLY HAVE SOME RESIDENTIAL 35 FURTHER TO
05:16:06 THE NORTH.
05:16:08 IF THIS AMENDMENT IS APPROVED THE SUBJECT SITE WOULD TURN
05:16:11 TO THAT DARKER PURPLE COLOR WHICH REPRESENTS THE REGIONAL
05:16:15 MIXED USE 100 FUTURE LAND USE CATEGORY.
05:16:22 THE IMPACTS OF THIS PROPOSAL CURRENTLY UNDER THE URBAN
05:16:27 MIXED USE 60, THE SUBJECT SITE COULD BE CONSIDERED FOR A
05:16:31 MAXIMUM OF 106 RESIDENTIAL UNITS FOR 251,992 SQUARE FEET.
05:16:38 THAT'S AT THE MAXIMUM OF 3.25 FLOOR AREA RATIO. UNDER
05:16:42 THE REGIONAL MIXED USE 100, IT DOES INCREASE TO ROUGHLY
05:16:47 178 RESIDENTIAL UNITS OR A MAXIMUM OF 271,000 SQUARE FEET
05:16:54 OF NONRESIDENTIAL.
05:16:56 THAT'S AT 3.5 FLOOR AREA RATIO. IT SHOULD BE NOTED THAT
05:17:03 BOTH THE URBAN MIXED USE 60 AND THE REGIONAL MIXED USE
05:17:07 100, AN APPLICANT CAN UTILIZE FLOOR AREA RATIO FOR A
05:17:13 RESIDENTIAL PRODUCT.
05:17:16 SO UNIT COUNTS MAY EXCEED THOSE LISTED HERE.
05:17:25 EVEN THOUGH THERE'S NOT A LARGE DIFFERENCE BETWEEN THE
05:17:30 MAXIMUMS UNDER THE URBAN MIXED USE 60, WHICH IS A 3.25
05:17:36 FLOOR AREA RATIO, AND THE MAXIMUM UNDER THE REGIONAL
05:17:39 MIXED USE 100, WHICH IS A 3.5, THERE IS A DIFFERENCE IN
05:17:44 THE BONUS STRUCTURE OF HOW IT'S SET UP UNDER EACH
05:17:47 CATEGORY.
05:17:50 BASICALLY CURRENTLY RIGHT NOW UNDER THE URBAN MIXED USE
05:17:53 60, THE SUBJECT SITE CAN BE CONSIDERED FOR 2.5 FLOOR AREA
05:17:58 RATIO BY RIGHT, AND THEN THEY WOULD NEED TO ENTER INTO A
05:18:02 BONUS AGREEMENT WITH THE CITY TO GET UP TO THAT MAXIMUM
05:18:07 3.25.
05:18:11 THIS SITE DOES NOT MEET THE VERTICAL MIXED USE BONUS, SO
05:18:16 ANY BONUS PAYMENTS WOULD NEED TO BEGIN AT A 2.75 FLOOR
05:18:25 AREA RATIO.
05:18:25 THERE IS NO BONUS CRITERIA, SO THAT CATEGORY ALLOWS A 3.5
05:18:33 BY RIGHT.
05:18:38 AS WE ALWAYS DO, WE REACH OUT TO OUR PARTNER AGENCIES,
05:18:45 AND A FEW OF THEM DID HAVE COMMENTS REGARDING THE
05:18:49 REQUEST.
05:18:50 THE CITY OF TAMPA'S PLANNING AND DEVELOPMENT DEPARTMENT
05:18:52 DID OBJECT TO THE REQUEST, AND I BELIEVE THEY ARE IN
05:18:58 ATTENDANCE, AND WE'LL ADDRESS THEIR OBJECTIONS AFTER THIS
05:19:01 PRESENTATION.
05:19:02 IT SHOULD BE NOTED THAT HILLSBOROUGH COUNTY SCHOOL BOARD
05:19:05 ALSO IDENTIFIED THAT GORRIE ELEMENTARY SCHOOL, WILSON
05:19:10 MIDDLE SCHOOL AND PLANT HIGH SCHOOL CURRENTLY DO NOT HAVE
05:19:13 ADEQUATE CAPACITY.
05:19:14 BUT I SHOULD NOTE THAT THIS IS AN ANALYSIS FOR ADEQUATE
05:19:20 FACILITIES ONLY AND IS NOT A DETERMINATION OF SCHOOL
05:19:24 CONCURRENCY.
05:19:24 A SCHOOL CONCURRENCY REVIEW WILL BE ISSUED PRIOR TO
05:19:28 PRELIMINARY PLAT OR SITE PLAN APPROVAL.
05:19:35 YOUR PLANNING COMMISSION BY 5-4 VOTE DID FIND THAT THE
05:19:41 REQUEST IS CONSISTENT WITH A NUMBER OF COMPREHENSIVE
05:19:44 PLANNED POLICIES.
05:19:47 THE PLANNING COMMISSION FOUND IT CONSISTENT WITH POLICIES
05:19:50 PROMOTING THE HIGHER DENSITY IN-FILL DEVELOPMENT AND IN
05:19:54 APPROPRIATE AREAS, ALSO POLICIES DEALING WITH THE
05:19:56 PROMOTION OF TRANSIT AND WALKING, DEVELOPMENT THAT WOULD
05:20:01 SUPPORT THOSE.
05:20:05 ALSO, THEY DID FIND THAT IT DID SUPPORT POLICY DIRECTION
05:20:11 ABOUT CREATING NEW MIXED USE RESIDENTIAL COMMUNITIES ON
05:20:15 THE WEST SIDE OF THE HILLSBOROUGH RIVER, AND IT ALSO DID
05:20:20 FIND IT CONSISTENT WITH PROJECTS BEING COMPATIBLE WITH
05:20:27 THEIR SURROUNDING COMMUNITY.
05:20:29 SO BASED UPON THAT, YOUR OFFICIAL RECOMMENDATION FROM THE
05:20:34 PLANNING COMMISSION IS THAT THE PROPOSED PLAN AMENDMENT
05:20:37 BE FOUND CONSISTENT WITH THE GOALS, OBJECTIVES, AND
05:20:40 POLICIES OF THE IMAGINE 2040 TAMPA COMPREHENSIVE PLAN.
05:20:45 I'M AVAILABLE FOR ANY QUESTIONS.
05:20:46 AND THAT CONCLUDES MY PRESENTATION.
05:20:48 >>GUIDO MANISCALCO: ANY QUESTIONS AT THIS TIME?
05:20:51 ALL RIGHT.
05:20:51 THANK YOU VERY MUCH.
05:20:52 NEXT.
05:20:53 >> GOOD EVENING.
05:20:58 THIS IS FRANK HALL.
05:20:59 I'M WITH THE CITY'S DEVELOPMENT GROWTH MANAGEMENT
05:21:01 DEPARTMENT.
05:21:02 AND I AM HERE TO MAKE COMMENTS ON BEHALF OF CITY STAFF.
05:21:09 WE CIRCULATED REQUESTS FOR COMMENTS FOR THIS AMENDMENT,
05:21:14 AND BASED ON THE INFORMATION WE HAVE GOTTEN BACK, THE
05:21:18 PROPOSED, WE FEEL THE PROPOSED FUTURE LAND USE CHANGE
05:21:20 DOES NOT MEET THE INTENT OF THE CITY'S FORM FOR THIS AREA
05:21:24 AND BASED ON HISTORICAL DEVELOPMENT PATTERNS FOR THE AREA
05:21:27 AND THE LOCATION OF THE SUBJECT SITE, STAFF BELIEVES THAT
05:21:29 THE TRANSITION TO THE RMU 100 LAND CATEGORY IS NOT IN THE
05:21:33 BEST INTEREST OF THE AREA AND THE CITY AS A WHOLE.
05:21:38 THE CITY STAFF RECOMMENDS A FINDING OF INCONSISTENCY AT
05:21:42 THIS POINT.
05:21:42 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
05:21:48 TIME?
05:21:48 >>JOSEPH CITRO: YES, MR. CHAIR, IF I MAY.
05:21:53 COULD YOU DELVE A LITTLE DEEPER WHY YOU FEIGNED IT
05:21:56 INCONSISTENT?
05:21:56 >> YES.
05:22:00 WELL, AS ALLUDED TO, THE CHANGE WILL INCREASE THE
05:22:04 DENSITY, AND BASED ON HISTORICAL DEVELOPMENT PATTERNS FOR
05:22:08 THE AREA, WE BELIEVE THAT THE CONNECTED STREET SYSTEM, A
05:22:19 GRADE WOULD NOT PROVIDE THE NECESSARY DISTRIBUTION FOR
05:22:22 TRAFFIC ROUTES AND FLEXIBILITY.
05:22:25 AND THE PROPERTY IS LOCATED WE FEEL ADJACENT TO THREE
05:22:29 LOCAL ROADS, TWO OF WHICH ARE DEAD-ENDS.
05:22:32 THE LOCAL ROADS, THE LOCAL DEAD-END ROADWAYS DO NOT
05:22:36 PROVIDE ADEQUATE DISTRIBUTION FOR TRAFFIC TO THE PROPOSED
05:22:40 INTENSITY COMPONENTS.
05:22:41 AND MODIFICATIONS TO ALLOW THE INCREASES IN INTENSITY FOR
05:22:46 THE USE AND SCALE WOULD TECHNICALLY ALLOW UP TO 24
05:22:50 STORIES WHICH IS OUT OF CHARACTER FOR THE EXISTING
05:22:53 PLANNED DEVELOPMENT IN THE AREA.
05:22:54 >>JOSEPH CITRO: ARE YOU BASING THAT ON TODAY'S STANDARD
05:22:59 OR ARE YOU BASING THAT ON FUTURE LAND USE 2040?
05:23:03 >> WE ARE BASING IT ON FUTURE LAND USE.
05:23:06 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
05:23:08 >>GUIDO MANISCALCO: ANY OTHER QUESTIONS?
05:23:09 ALL RIGHT.
05:23:10 HEARING NONE, GO AHEAD.
05:23:12 WE HAVE THE APPLICANT HERE?
05:23:13 >>MICHAEL HORNER: 14502 NORTH DALE MABRY HIGHWAY
05:23:22 REPRESENTING THE APPLICANT AND OWNER, INTEREST ON THE
05:23:27 ACPA.
05:23:29 CAN I REMOVE MY MASK TO SPEAK GIVEN THE SOCIAL DISTANCE?
05:23:33 >>GUIDO MANISCALCO: YES, SIR.
05:23:34 >>LUIS VIERA: I OBJECT.
05:23:35 I'M JOKING.
05:23:37 >>MICHAEL HORNER: IF THERE'S AN OBJECTION I WILL PUT IT
05:23:38 BACK ON.
05:23:40 THIS MASK FILTRATES 98% OF EVERY PARTICLE INCLUDING
05:23:45 OXYGEN.
05:23:46 SO THANK YOU FOR THAT.
05:23:48 MR. CHAIRMAN, AND COUNCIL MEMBERS, I HAVE WORKED ON THIS
05:23:55 PARCEL GOING BACK OVER A YEAR, AND I WENT BACK AND REDID
05:24:02 MY NOTES AND PULLED THE MINUTES OF PRIOR HEARINGS.
05:24:06 THERE ACTUALLY WAS OCTOBER OF 2019 THAT WE FILED THE UMU
05:24:12 60 PLANNED SECTOR THAT DAVID HEY JUST REFERENCED.
05:24:18 WHAT'S INTERESTING IS THAT AT THAT TIME I WAS
05:24:22 REPRESENTING HAMILTON ENGINEERING AND SURVEY.
05:24:26 THEY ARE NO LONGER THE OWNERS OF THIS PROPERTY.
05:24:29 WE ARE REPRESENTING EXCLUSIVE STUDENT HOUSING DEVELOPER.
05:24:34 SO BETWEEN OCTOBER OF 2019 AND TODAY, MAJOR CHANGES HAVE
05:24:39 TAKEN PLACE THAT NECESSITATES REEVALUATION OF THIS
05:24:43 PROPERTY AND THE RECONSIDERATION OF THE COMP PLAN.
05:24:47 IN 2019, WE HAD A PARALLEL DEVELOPMENT TO THE NORTHEAST
05:24:53 CALLED THE WINGSPAN PD.
05:24:56 THAT IS A MULTIFAMILY PD REZONING TO OUR NORTHEAST, 50
05:25:03 FEET TO OUR NORTH.
05:25:04 MY CLIENTS RETAINED ME WITH NO CONTRACT PURCHASE
05:25:08 AGREEMENT FOR DEVELOPERS AND SAID, I THINK THAT'S
05:25:12 REASONABLE, LET'S TRY TO GET WHAT THEY GOT.
05:25:16 AND THAT WAS WHY WE FILED THAT UMU 60.
05:25:21 WINGSPAN IS A MARKET RATE MULTIFAMILY APARTMENT
05:25:29 DEVELOPMENT.
05:25:30 AND MY CLIENT AT THAT TIME, MR. HAMILTON, SAID, THAT'S
05:25:34 PROBABLY A GOOD USE FOR US.
05:25:36 THAT'S WHAT GENERATED AND THAT'S WHY WE FILED THE UMU 60.
05:25:43 ON JUNE 4th, WE PRESENTED THE FIRST READING HERE, AND
05:25:52 THE FINAL WAS JUNE 25th.
05:25:55 BUT I WENT BACK AND PULLED MINUTES OF THE JUNE 4.
05:25:58 I REALIZE MR. DINGFELDER WAS NOT PRESENT.
05:26:01 I JUST WANTED TO BRIEFLY READ A LITTLE BIT OF THE
05:26:03 DISCUSSION THAT WE HAD JUNE 4th BEFORE WE CONCLUDED
05:26:07 THAT HEARING.
05:26:08 AND I WILL BE HAPPY TO FILE THESE IN THE RECORD.
05:26:11 MR. DINGFELDER, WHOLEHEARTEDLY IN SUPPORT OF THE
05:26:16 MODIFICATION TO THE UMU 60, BUT WHEN I LOOKED AT THIS, I
05:26:20 SCRATCHED MY HEAD AND SAID, YOU KNOW, THAT IS TWO BLOCKS
05:26:25 OFF KENNEDY, IT IS NEXT TO THE RAILROAD TRACK, AND IT'S
05:26:29 SURROUNDED BY A LOT OF INDUSTRIAL COMMERCIAL, THAT IS
05:26:32 CLEARLY IN TRANSITION.
05:26:34 I SAID, YOU KNOW, THIS IS AN IDEAL LOCATION IN MY MIND
05:26:38 FOR RMU 100.
05:26:41 I DON'T KNOW WHO THE PETITIONER IS -- IT WAS US ---TO PUT
05:26:46 THIS FORWARD, BUT TO ME -- AND WE HAVE HAD THIS
05:26:48 CONVERSATION BEFORE WITH REGARD TO THE KENNEDY CORRIDOR,
05:26:52 AND TRYING TO INTENSIFY DENSITY WITHIN THE KENNEDY
05:26:54 CORRIDOR FOR PURPOSES OF TRANSIT AND TAKE A LITTLE LOAD
05:26:59 OFF OF RESIDENTIAL AREAS.
05:27:02 BUT I'M JUST WONDERING IF THAT WAS CONSIDERED.
05:27:07 DAVID HEY OPINED ON THE TRANSIT ISSUES AND LOCATIONAL
05:27:11 CONSIDERATIONS, AND MR. DINGFELDER PICKED BACK UP AND
05:27:16 INDICATED, BUT EVEN, I RECOGNIZE YOU CAN'T REALLY WALK
05:27:19 DOWN THE TRACKS TO KENNEDY, BUT IF YOU WALK A BLOCK UP,
05:27:23 YOU ARE ON WILLOW, AND TWO BLOCKS DOWN AT THE CORNER OF
05:27:27 WILLOW AND KENNEDY.
05:27:29 DON'T WE CONSIDER KENNEDY POTENTIAL FOR SIGNIFICANT
05:27:33 TRANSIT CORRIDOR?
05:27:35 DAVID HEY: IT IS RECOGNIZED AS A TRANSIT EMPHASIS
05:27:39 CORRIDOR.
05:27:40 YOU ARE CORRECT.
05:27:41 MR. DINGFELDER: I SEE WE DON'T HAVE MANY OPPORTUNITIES
05:27:43 TO INCREASE DENSITY WITHOUT A HUGE AMOUNT OF NEIGHBORHOOD
05:27:46 OPPOSITION I.DON'T SEE MUCH HERE TONIGHT IN A GOOD
05:27:49 LOCATION THAT HAS THIS PRIME OPPORTUNITY.
05:27:51 IN THIS CASE IT WILL POTENTIALLY DOUBLE THE INTENSITY OF
05:27:57 WHAT IS BEING PROPOSED.
05:28:01 THERE WERE ADDITIONAL COMMENTS, BUT YOU MAY RECALL THAT
05:28:03 HEARING.
05:28:03 PROBABLY NOT.
05:28:04 BUT MR. DINGFELDER AT THAT POINT ASKED IF I WAS WILLING
05:28:10 TO AMEND TO RMU AND CONSIDER THAT OPPORTUNITY.
05:28:15 AND MY RESPONSE WAS, WE DON'T THINK WE NEED RMU.
05:28:21 BECAUSE AT THAT TIME WE WERE NOT PROPOSING STUDENT
05:28:23 HOUSING.
05:28:25 SO THE WINGSPAN DEVELOPMENT AND MARKET RATE HOUSING MADE
05:28:29 ABSOLUTELY PERFECT SENSE.
05:28:30 WE THOUGHT WE WOULD PARALLEL THAT DEVELOPMENT, AND I
05:28:33 ADVISED MR. DINGFELDER, I THINK WE ARE OKAY WITH THE UMU
05:28:36 60.
05:28:38 HAD I KNOWN THEN WHAT I KNOW NOW, I WOULD HAVE ACCEPTED
05:28:45 THIS OPPORTUNITY TO CONTINUE THE CASE MS. WELLS SAID YOU
05:28:50 CAN'T AMEND, YOU HAVE TO GO THROUGH NOTICE, WE HAVE THE
05:28:52 BRING THIS BACK, STAFF HAS TO DO AN UPDATED REPORT.
05:28:55 WE PROBABLY WOULD HAVE DONE THAT IF WE HAD KNOWLEDGE OF
05:29:00 STUDENT HOUSING BEING PROPOSED.
05:29:03 SO WHAT TRANSPIRED?
05:29:08 IN THE END OF JUNE, MY CLIENT ENTERTAINED LETTERS OF
05:29:12 INTEREST AND INTENT.
05:29:16 AND IN JULY, IT WAS UNDER CONTRACT.
05:29:19 IT WAS UNDER CONTRACT WITH OUR CLIENTS, CURRENT OWNERSHIP
05:29:23 INTEREST, GREATER HOLDINGS, NORTH NEW PORT LLC.
05:29:31 WE CERTAINLY HAD RAY LIGHAM INVOLVED AND WE PUT A DESIGN
05:29:37 TEAM TOGETHER, AND ALL THROUGH JULY, COUNCIL MEMBERS, WE
05:29:42 WORKED THROUGH DESIGN CHARRETTES AND ANALYSIS AFTER
05:29:46 ANALYSIS, AND IT BECAME ABUNDANTLY CLEAR THAT WITH
05:29:50 STUDENT HOUSING BEING MUCH LARGER PERCENTAGE OF BEDROOMS,
05:29:55 THREE, FOUR, FIVE, SIX BEDROOMS, VERSUS MARKET RATE WHICH
05:30:00 IS MOSTLY TWOS AND THREES, MOSTLY ONES AND TWOS IN THE
05:30:05 URBAN, THAT WE WERE GOING THROUGH UMU 60 ON THE F.A.R. BY
05:30:10 RIGHT.
05:30:11 SO KNOWING THAT WE HAD TO -- BY RIGHT.
05:30:14 SO KNOWING THAT WEIGHED TO HURRY, I REACHED OUT TO THE
05:30:17 PLANNING COMMISSION, AND AS JENNIFER MALONE WAS KIND
05:30:20 ENOUGH ON THAT PHONE CALL TO SAY, TECHNICALLY, YOUR CTA
05:30:31 FAILING DEADLINE WAS THE FIRST WEEK OF AUGUST.
05:30:34 REALIZING THE CONSTRAINTS WE WERE UNDER, SHE MET WITH
05:30:38 STAFF AND ADVISED ME THAT THEY WOULD ACCEPT THE RMU 100
05:30:46 BY THE END OF THAT NEXT WEEK.
05:30:47 ON AUGUST 13th, HERE IS MY TRANSMITTAL COVER LETTER
05:30:50 TO THE PLANNING COMMISSION.
05:30:52 SHE WANTED IT BY FRIDAY.
05:30:54 AUGUST 16th IS A THURSDAY.
05:30:57 AND WE FAILED OUR ENTIRE CPA, RMU 100.
05:31:02 SO WE ARE GRATEFUL TO MS. MALONE FOR THAT CONSIDERATION.
05:31:05 WE KNEW THAT WE HAD TO TRACK THIS RMU 100 WITH THE PD.
05:31:11 THAT WAS THE ONLY WAY TO GIVE YOU CERTAINTY AND CONTROL
05:31:15 OF WHAT THIS PROJECT IS ALL ABOUT.
05:31:22 WE COULDN'T FILE IT AND DO A PD LATER.
05:31:25 THESE TWO CASES HAD TO TRACK TOGETHER SO EVERYBODY KNEW
05:31:28 EXACTLY WHAT WAS BEING PROPOSED.
05:31:30 MY CLIENTS CLOSED ON THIS PROPERTY RIGHT AFTER WE FILED
05:31:35 THAT CPA.
05:31:37 WE PAID $5.4 MILLION.
05:31:41 AND WE WENT FORWARD FROM THAT POINT.
05:31:43 THAT'S A HUGE COMMITMENT IN THAT PART OF A MIXED USE AREA
05:31:49 HAS AN UNDEFINED CHARACTER.
05:31:51 MY CLIENT BELIEVED IN THAT AREA, BELIEVED IN THE CITY OF
05:31:53 TAMPA, AND THEY DIRECTED US TO PROCEED
05:32:00 SO ON AUGUST 16th, THREE DAYS AFTER MY COMP PLAN
05:32:04 FILING, MY MEMORANDUM TO MARY SAMANIEGO FOR THE PD SO
05:32:08 THAT BOTH COULD TRACK CONCURRENTLY.
05:32:11 AND WE WOULD NOT HAVE TO ENTERTAIN A FLOATING, FULL, RMU
05:32:17 WITH NO DEFINED PRODUCT.
05:32:20 AUGUST 16th WAS A SUNDAY.
05:32:24 AND I KNEW ON MONDAY MARY SAMANIEGO WOULD GO THROUGH ALL
05:32:28 THE ACCELA FILINGS AND RECOGNIZE THAT WE MAY NOT HAVE
05:32:32 MADE IT IN TIME WITH YOUR FILING CAN.
05:32:35 SO WE FILED THAT ON A SUNDAY NIGHT, AND WE WERE ALLOWED
05:32:39 IN AND STARTED TRACKING THAT.
05:32:40 I WOULD NOTE FOR THE RECORD THAT MY CLIENTS A CURRENT
05:32:44 PROPERTY APPRAISAL RIGHT NOW HAS LIGHT INDUSTRIAL, IG
05:32:48 USE, IS ON THE TAX ROLLS, AND JUST OVER $1 MILLION.
05:32:53 IT'S AN ANNUAL AD VALOREM REVENUE PAYMENT TO THE CITY OF
05:32:57 TAMPA OF $41,000.
05:33:00 SO I DIDN'T MAJOR IN MATH BUT YOU CAN JUST IMAGINE A BASE
05:33:06 LAND COST OF 5.4 MILLION PLUS THE POTENTIAL FOR A SIX TO
05:33:11 EIGHT-STORY NEW RESIDENTIAL MIXED USE PRODUCT, THE CITY
05:33:16 WILL BE RECEIVING MILLIONS OF DOLLARS IN AD VALOREM
05:33:19 REVENUE FOR YEARS TO COME.
05:33:21 AND MY CLIENT WILL BE PROUD TO MAKE THOSE PAYMENTS.
05:33:27 IF WE CAN QUEUE UP THE POWERPOINT, PLEASE.
05:33:41 COUNCIL, THIS IS A SUMMARY OF THE PRESENTATION AS WELL.
05:33:45 I TOOK IT RIGHT FROM THERE REPORT.
05:33:46 I THINK IT'S CRITICAL TO NOTE THAT AT 1.78 ACRES WHICH WE
05:33:52 ARE, UMU 60, THAT'S 106 UNITS.
05:33:56 WE ARE WELL BEYOND THAT.
05:34:00 THE RMU 100 AT 100 UNITS PER ACRE IS 178 UNITS.
05:34:07 AND WE ARE JUST UNDER THAT BECAUSE WE HAVE LARGER UNITS.
05:34:10 SO WE HAVE FEWER NUMBER OF FEET. THE SQUARE FOOTAGE, THE
05:34:10 DIFFERENCE BETWEEN UMU 60 AND THE RMU 100 IS POINT 25.
05:34:10 SO 20,000 SQUARE FEET. 252,000 SQUARE FEET UMU 60.
05:34:10 272,000 SQUARE FEET RMU 100.
05:34:35 MORE IMPORTANTLY, IF YOU LOOK AT THE ACCESS REQUIREMENTS,
05:34:38 UMU 60 ALMOST PENALIZES YOU FOR HAVING A MIXED USE
05:34:43 COMPONENT.
05:34:44 I CAN'T GET INTO THE ZONING.
05:34:45 BUT IF YOU HAVE TWO VIEWS AND DO NOT HAVE DIRECT ACCESS
05:34:51 TO AN ARTERIAL, YOU LOSE THAT 2.5.
05:34:53 SO IT STARTS TO ADD UP FROM THERE.
05:34:57 YOU WILL ALSO NOTE THAT THE RMU 100 DOES NOT REQUIRE
05:35:00 DIRECT ACCESS TO A COLLECTOR OR ARTERIAL.
05:35:03 WHAT IT DOES REQUIRE IS PROXIMITY OF ACCESS TO COLLECTORS
05:35:08 AND ARTERIALS.
05:35:10 AND WE HAVE THAT.
05:35:11 WE HAVE THOSE AT CASS STREET.
05:35:14 WE HAVE IT AT WILLOW, NORTH BOULEVARD, KENNEDY BOULEVARD.
05:35:17 SO WE QUALIFIED FOR THAT PROVISION.
05:35:20 NEXT SLIDE, PLEASE.
05:35:27 NEXT SLIDE, PLEASE.
05:35:29 SO HERE IS THE AERIAL CONTACT OF PROPOSED CHANGE.
05:35:32 I THINK YOU ALL KNOW THE LOCATION.
05:35:35 WE ARE DIRECTLY NEXT TO THE CSX RAILROAD.
05:35:38 AND WE ARE DIRECTLY ABUTTING UNIVERSITY OF TAMPA.
05:35:42 THAT IS THE ONLY REASON WHY WE ARE HERE TONIGHT AND THE
05:35:47 ONLY REASON WE ARE PROPOSING STUDENT HOUSING.
05:35:49 ANYWHERE ELSE, IT DOESN'T MAKE A LOT OF SENSE.
05:35:52 THAT'S WHY MY CLIENT IDENTIFIED THIS SITE, STEPPED UP TO
05:35:56 THE TABLE, PAID A LOT OF MONEY, AND SAID, WE CAN OFFER A
05:36:01 SERVICE TO THESE STUDENTS THAT OTHERWISE IS NOT
05:36:04 PERMITTED.
05:36:05 THANK YOU VERY MUCH.
05:36:05 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:36:11 DO WE HAVE ANY QUESTIONS?
05:36:15 >> I JUST GOT MY REMOTE CONTROL.
05:36:18 I'M SORRY.
05:36:19 SO HERE IS THE FLU MASTER PLAN.
05:36:21 YOU CAN SEE THE UNIVERSITY OF TAMPA IS RIGHT NEXT TO US.
05:36:24 YOU CAN SEE UMU 100 TO THE NORTHEAST, RMU 100 TO THE
05:36:28 NORTHEAST, AND POCKET TO THE SOUTHEAST.
05:36:32 AGAIN THE F.A.R. DIFFERENCE IS ONLY 20,000 SQUARE FEET
05:36:36 BETWEEN UMU 60 AND RMU 100.
05:36:41 THIS IS JUST AN ILLUSTRATION SHOWING 3.25 AT 251, 3.50 AT
05:36:49 271, ACTUALLY 272 AND CHANGE.
05:36:52 WHAT WOULD CHANGE IF STUDENT HOUSING WAS PROPOSED AS
05:36:57 OPPOSED TO MARKET, MORE SQUARE FOOTAGE, AND YOU HAVE TO
05:37:02 EXPAND THAT F.A.R.
05:37:04 THAT'S WHY THE F.A.R. IS SO CRITICAL TO STUDENT HOUSING
05:37:07 DEVELOPMENT.
05:37:07 IF THIS WAS MARKET RATE LIKE WINGSPAN, THAT ADDITIONAL
05:37:10 20,000 SQUARE FEET MIGHT GET YOU ONE TWO MORE STORIES
05:37:14 UNDER STUDENT HOUSING WOULD ONLY GET YOU ANOTHER STORY.
05:37:18 WHY?
05:37:19 BECAUSE THOSE BIGGER BEDROOM UNITS OCCUPY SO MUCH
05:37:22 ADDITIONAL SQUARE FOOTAGE.
05:37:23 THIS IS THE BUILDING THAT WE ARE APPROVED NEXT TO,
05:37:28 GENTLEMEN.
05:37:28 THIS IS THE WINGSPAN ELEVATION LOOKING EAST, THE WEST
05:37:33 ELEVATION.
05:37:34 THIS IS A PROJECT THAT IS AGAIN MARKET RATE, THAT WE WILL
05:37:38 BE NEXT TO, SO THAT WE HAVE TWO EDGE BUILDINGS, SIMILAR
05:37:43 FORM IN MASS, AND PRODUCT STYLE.
05:37:45 THE DIFFERENCE BEING WE ARE STUDENT HOUSING, THEY ARE
05:37:48 NOT.
05:37:50 FOR CONTEXT, COUNCIL, WE ARE THE BLUE TRIANGLE.
05:37:56 THE WHITE CIRCLE CLOSEST IS A FIVE MINUTE WALKING
05:37:59 DISTANCE.
05:38:00 WHY IS THAT CRITICAL?
05:38:04 STUDENT HOUSING DEVELOPMENT, WALKING IS CRITICAL.
05:38:06 MULTIMODAL OPPORTUNITIES ARE HEAR FOR THE STUDENTS.
05:38:10 SCOOTERS, BIKES, RIDE SHARE, UBER.
05:38:12 THEY DON'T WANT TO GET IN THE CAR AND DRIVE FOR A SNACK.
05:38:16 YOU HAVE THAT MIXED USE OPPORTUNITY HEAR.
05:38:18 THAT IS WHY WE HAVE THIS LOCATION CHOSEN FOR THE STUDENT
05:38:22 HOUSING DEVELOPMENT.
05:38:22 HOW MUCH IS A FIVE MINUTE WALKING DISTANCE?
05:38:25 1300 FEET.
05:38:25 BUT MORE IMPORTANTLY LOOK WHERE IT INCLUDES.
05:38:28 IT EXTENDS NORTH OF JACKSON, EXTEND DOWN TO KENNEDY,
05:38:32 EXTENDS TO NORTH BOULEVARD, CERTAINLY EXTEND WEST.
05:38:39 MOVING IN, YOU CAN SEE THE ORIENTATION OF OUR DEVELOPMENT
05:38:41 IS SOLELY TO THE UNIVERSITY OF TAMPA.
05:38:44 AGAIN, IF IT WASN'T FOR THE UNIVERSITY OF TAMPA, WE WOULD
05:38:46 NOT BE BEFORE YOU THIS EVENING.
05:38:49 THE WINGSPAN DEVELOPMENT IS RIGHT NEXT TO US TO THE
05:38:52 NORTH.
05:38:52 WE HAVE CONNECTIVITY OPPORTUNITIES.
05:38:55 WE HOPE CSX CONVERTS TO A FUTURE RAIL TO RAIL TRAIL.
05:38:59 THAT'S WHAT WE ARE LOOKING FOR.
05:39:01 IT MAKES SENSE.
05:39:03 YOU ARE ON A TRANSIT EMPHASIS CORRIDOR.
05:39:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:39:08 >>MICHAEL HORNER: I WILL JUST JUMP TO MY FINAL
05:39:10 CONCLUSIONS.
05:39:11 >>GUIDO MANISCALCO: ALL RIGHT, CLOSE.
05:39:12 >>MICHAEL HORNER: THIS IS THE CITY OF TAMPA DEVELOPMENT,
05:39:15 UNDERGOING TRANSITION OF LIGHT INDUSTRIAL TO MORE FIX
05:39:18 MIXED USE DEVELOPMENT.
05:39:19 THIS PARCEL IS NOT IN THE COASTAL HIGH HAZARD AREA. THIS
05:39:23 PARCEL IS NOT IN A DESIGNATED FLOOD ZONE.
05:39:25 THIS PARCEL IS NOT IN A TRAFFIC PUD AND WESTSHORE AND
05:39:32 GRAND.
05:39:33 THIS PARCEL IS NOT IN THE MIDDLE OF ANY ESTABLISHED
05:39:37 RESIDENTIAL NEIGHBORHOOD.
05:39:38 WE ARE THE EDGE. THIS PARCEL IS LOCATED TO TWO TRANSIT
05:39:44 STOPS WITHIN 1300 FEET.
05:39:45 UNIVERSITY OF TAMPA IS A REGIONAL MIXED USE, 110 ACRES
05:39:49 AND I THINK THEY ARE RMU 100 INTENSITY.
05:39:54 TO THE NORTH, IT EXISTS TO THE SOUTH.
05:39:56 WE ARE THE WEST.
05:39:57 WE REACHED OUT NUMEROUS TIMES TO THE NEIGHBORHOOD.
05:40:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:40:04 DO WE HAVE ANY QUESTIONS?
05:40:06 >>JOSEPH CITRO: MR. CHAIR, IF I MAY.
05:40:07 >>GUIDO MANISCALCO: GO AHEAD.
05:40:09 >>JOSEPH CITRO: WITH THE URBAN MIXED USE 60, WHAT IS THE
05:40:14 MAXIMUM HEIGHT?
05:40:15 HOW MANY STORIES CAN A BUILDING BE ON THAT?
05:40:18 >>MICHAEL HORNER: GOOD QUESTION, COUNCILMAN.
05:40:21 WITH FUTURE LAND USE CATEGORIES, THERE IS NO HEIGHT
05:40:25 DEFINITION.
05:40:27 AND THAT'S WHY IT'S IMPORTANT TO POINT OUT THAT HEIGHT IS
05:40:30 NOT RELEVANT.
05:40:32 THAT'S WHY THE CITY ALLOWS IT TO BE DRIVEN BY F.A.R.
05:40:36 SO IF YOU LOOK AT THE RMU 100, THE FIRST PAGE, OF THE
05:40:41 STAR REPORT, IT SHOWS THE NUMBER OF SITES WITHIN UMU 60
05:40:46 AND RMU 100, 14 IN RMU 100, 7 IN THE 60, THEY ARE WELL
05:40:52 UNDER THE F.A.R. LIMIT WHICH MEANS THE RMU 100 IS
05:40:56 UTILIZED.
05:40:57 THE HEIGHTS, YOU CANNOT GET THERE FROM HERE BECAUSE THE
05:41:00 ONLY DIFFERENCE IS THAT 20,000 SQUARE FEET. THIS PARCEL
05:41:04 IS 1.78 ACRES.
05:41:06 THAT'S WHY YOU LOOK AT ALL THE RMU 100S.
05:41:09 THERE ARE NO 15, 20, 25 STORY.
05:41:14 CANNOT DO IT, PHYSICALLY NOT POSSIBLE.
05:41:19 >>JOSEPH CITRO: MR. CHAIR, PLEASE ALLOW ME ONE MORE.
05:41:22 SO WITH THE RMU 100, YOU ARE CAPABLE OF HAVING A 26-STORY
05:41:27 BUILDING?
05:41:31 ALLOWABLE?
05:41:33 >>MICHAEL HORNER: AGAIN, IT'S BASED ON F.A.R. AND NOT
05:41:36 HEIGHT.
05:41:37 WE COULD NEVER ACHIEVE ANYTHING OVER A 10 STORY BUILDING
05:41:42 FOR STUDENT HOUSING DEVELOPMENT, LET ALONE AN OFFICE
05:41:46 DEVELOPMENT, BECAUSE WE HAVE LIMITED TRIANGULAR SHAPED
05:41:51 PARCELS.
05:41:52 AND THAT'S WHY WHEN YOU LOOK AT THE OTHER RMU 100S, YOU
05:41:58 WON'T SEE ANY 10, 15, 20, 25 STORY BUILDINGS U.CAN'T DO
05:42:02 THAT WHEN YOU MAKE PARKING SETBACK, MASSING, LANDSCAPING,
05:42:07 STORMWATER, ET CETERA.
05:42:08 >>JOSEPH CITRO: WITH THAT 15 MINUTE WALK CIRCLE YOU
05:42:11 PLACED AROUND THE PROPOSED SITE, YOU THEN MENTIONED, YOU
05:42:16 ARE HOPING TO HAVE A CROSSING ACROSS THE RAILROAD TRACKS.
05:42:20 IF YOU DON'T GET THAT CROSSING ACROSS THE RAILROAD
05:42:22 TRACKS, A STUDENT WOULD THEN HAVE TO GO UP TO CASS OR
05:42:25 DOWN TO KENNEDY TO GET TO THE UNIVERSITY.
05:42:30 >>MICHAEL HORNER: THAT IS CORRECT.
05:42:33 >>JOSEPH CITRO: THEN IF YOU DON'T GET THAT, THEN THEY
05:42:35 ARE GOING TO HAVE TO THINK ABOUT DIFFERENT ALTERNATIVE
05:42:38 FORMS OF TRANSPORTATION OTHER THAN WALKING.
05:42:40 >>MICHAEL HORNER: THAT'S CORRECT.
05:42:41 >>JOSEPH CITRO: THANK YOU.
05:42:42 >>CHARLIE MIRANDA: THANK YOU MUCH.
05:42:44 UNIVERSITY OF TAMPA WAS MENTIONED, AND I JUST WANT TO SAY
05:42:47 THAT IT'S ONE OF THE FINEST GROWING COLLEGES IN AMERICA.
05:42:51 THE ENROLLMENT NOW IS PAST THAT OF WAKE FOREST AND
05:42:56 PRINCETON, HAS STUDENTS FROM I BELIEVE 154 COUNTRIES IN
05:43:00 THE WORLD.
05:43:01 THAT DOESN'T MEAN MUCH FOR THE PLANNING OR ZONING BUT IT
05:43:03 MEANS SOMETHING THAT IS THERE AND DOING FANTASTIC UNDER
05:43:09 PRESIDENT BOCK.
05:43:11 THE CITY MADE SOME OBJECTIONS TO IT, AND IN READING ON
05:43:14 PAGE 9 OF THE REPORT OF THIS PLANNING COMMISSION, LET ME
05:43:19 JUST HIT SOME HIGHLIGHTS AND THEN I WILL GO TO IT.
05:43:23 COMMENT FROM THE HILLSBOROUGH COUNTY METROPOLITAN
05:43:24 PLANNING ORGANIZATION, MPO, HART TRANSIT DEVELOPMENT PLAN
05:43:29 IDENTIFIES THE NEED FOR EXPANDED TRANSIT SERVICE IN THE
05:43:32 AREA.
05:43:32 HOWEVER, AT THIS TIME, THERE IS NO MAJOR TRANSPORTATION
05:43:36 FACILITY OR PLANS FOR A MAJOR TRANSPORTATION FACILITY
05:43:39 CLOSE TO THE SITE.
05:43:42 FURTHER TRANSACTION IMPROVEMENTS IN THE AREA ARE LIMITED
05:43:44 TO A 9-FOOT CYCLE TRACK OWN TRASK AS PART OF THE GREEN
05:43:51 SPINE.
05:43:51 LET ME GO BACK TO THE PLANNING COMMISSION.
05:43:53 PLANNING COMMISSION SUPPORTED THE ADDITIONAL DENSITY AND
05:43:56 INTENSITY BEING DEVELOPED IN THE URBAN CORE, WOULD
05:44:00 PROMOTE WALKING, TRANSIT USAGE, AS WELL AS ADDITIONAL
05:44:03 IN-FILL PROJECTS, AND APPROPRIATE AREAS.
05:44:06 AND IT GOES ON TO THE PLANS.
05:44:09 POLICY 134, AND POLICY 1.1.13, PLANNING COMMISSION STAFF
05:44:14 HAS DETERMINED THAT THE ADOPTED UMU 60 PROVIDES
05:44:20 APPROPRIATE DENSITY AND INTENSITY FOR THE SUBJECT SITE
05:44:23 WHICH IS COMPATIBLE TO THE SURROUNDING AREA.
05:44:27 INCREASING THE DENSITY AND INTENSITY FURTHER WOULD BE OUT
05:44:30 OF CHARACTER FOR THE AREA AND WOULD CREATE AN ISOLATED
05:44:38 PARCEL DESIGNATED RMU 100.
05:44:42 FURTHERMORE, APPROVAL OF THE RMU 100 DESIGNATION AT THIS
05:44:46 TIME WOULD SET A PRECEDENT, ALLOWING OTHER REQUESTS FOR
05:44:51 PARCELS IN THE AREA TO SEEK THE SAME DESTINATION.
05:44:54 DESIGNATION.
05:44:55 THE FIRST DOMINO, THAT'S THE FIRST ONE TO FALL.
05:44:59 THEY ALL FALL.
05:45:00 AND IF YOU GO BACK TO THE STAFF RECOMMENDATION FOR THE
05:45:03 PLANNING COMMISSION, THE PLANNING STAFF OR THE PLANNING
05:45:06 COMMISSION PROPOSED THE LAND DESIGNATED CHANGE FOR THE
05:45:11 CITY OF TAMPA CPA 20-32 FROM URBAN MIXED USE 60 UMU 60 TO
05:45:18 REGIONAL MIXED USE OF 100 RMU 100 ON THIS PLAN, OR 1.78
05:45:25 ACRES WHICH IS INCONSISTENT WITH THE IMAGINE 2040 TAMPA
05:45:28 COMPREHENSIVE PLAN.
05:45:31 AND I UNDERSTAND THERE WAS MADE REFERENCE TO 20,000, ONLY
05:45:38 20,000 SQUARE FEET.
05:45:39 IT'S NOT THE ONLY 20,000 SQUARE FEET.
05:45:42 IT DOES ASK FOR 20,000 ADDITIONAL FEET GIVEN.
05:45:48 AND IF THIS WAS IN TIMBUKTU, NO PROBLEM.
05:45:53 BUT IT'S RIGHT IN THE URBAN CORE.
05:45:54 WHEN YOU HAVE ONE DOMINO FALL, THEY ALL FALL.
05:45:57 AND IT WAS FINE GOING TO RMU 60.
05:46:04 AND NOW, WHATEVER PROCESS -- AND YOU HAVE BEEN HERE A
05:46:07 LONG TIME.
05:46:08 YOU ARE RIGHT, SIR, BEEN HERE FOR SEVEN, EIGHT MONTHS
05:46:11 NOW.
05:46:11 AND THE CITY OF TAMPA, I AND I'M SURE MY COLLEAGUES HAVE
05:46:15 NEVER, EVER TAKEN ON A RESPONSIBILITY OF VOTING FOR,
05:46:18 VOTING AGAINST ON SOMETHING BASED ON TAXES TO THE CITY,
05:46:22 OR WOULD THE INDIVIDUAL PAY FOR THAT PROPERTY.
05:46:26 THAT WAS A PRIVATE MATTER THAT SOMEONE DID ON THEIR OWN
05:46:29 FOR THEIR OWN BENEFIT AND I APPRECIATE THAT.
05:46:31 AND I APPRECIATE PEOPLE DOING THAT, RISKING THEIR MONEYS
05:46:34 TO BETTER THE CITY OF TAMPA.
05:46:37 I APPRECIATE THAT VERY MUCH.
05:46:38 HOWEVER, THIS CONSISTENCY AND THAT PROBLEM THAT QUO
05:46:43 FURTHER BE OUT OF CHARACTER FOR THE AREA, AN ISOLATED
05:46:47 PARCEL THAT OTHERS WOULD SOON TAKE ADVANTAGE OF.
05:46:50 ONCE YOU HAVE ONE, YOU ARE GOING TO HAVE MORE.
05:46:53 THAT'S ALL I GOT TO SAY.
05:46:55 THANK YOU VERY MUCH.
05:46:55 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:46:56 ANY OTHER QUESTIONS?
05:47:01 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
05:47:03 ITEM NUMBER 3?
05:47:04 ANYBODY IN THE PUBLIC?
05:47:06 IF NOT, I KNOW WE HAVE FIVE REGISTERED SPEAKERS.
05:47:14 IF THEY ARE ON THE LINE AND WOULD LIKE TO COME ON, GO
05:47:18 AHEAD.
05:47:18 >>THE CLERK: THEY ARE ON THE LINE.
05:47:47 THEY NEED TO TURN ON THEIR VIDEO AND UP MUTE THEMSELVES.
05:47:51 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME FOR THE
05:47:52 RECORD AND CHRISTOPHER, GO AHEAD.
05:47:55 YOU HAVE THREE MINUTES, SIR.
05:47:56 >> BRYAN SMITH.
05:48:01 I LIVE AT 1332 WEST GRAY STREET UNIT 2 TAMPA, FLORIDA
05:48:05 33606.
05:48:07 I JUST PURCHASED A BEAUTIFUL BRAND NEW TOWN HOME RIGHT
05:48:11 HERE AT THE CORNER OF OREGON AND FIG.
05:48:14 AND I HAVE A GORGEOUS VIEW OF DOWNTOWN FROM MY PATIO.
05:48:19 I AM DEFINITELY IN FAVOR OF DEVELOPING.
05:48:22 I DON'T MIND THE FACT THAT IT'S STUDENT HOUSING.
05:48:25 I DO MIND THE FACT, THOUGH, THAT IT IS FAR TOO TALL.
05:48:30 I WOULD FEEL FAR MORE COMFORTABLE AND HAPPY ESPECIALLY
05:48:34 WITH MY HALF MILLION DOLLAR VOTE. ON MY PROPERTY IF --
05:48:39 >>> WAIT, SIR.
05:48:40 IS YOUR CAMERA ON?
05:48:45 WE CAN HEAR YOU BUT WE CAN'T SEE YOU.
05:48:47 YES, GO AHEAD.
05:48:54 NOW WE CAN SEE YOU.
05:48:55 YES, SIR.
05:48:56 BRIAN SMITH.
05:48:56 >> WELL, IT'S PRETTY MUCH THE SAME MESSAGE, I HAVE A
05:49:03 WONDERFUL TOWN HOME, I HAVE A BEAUTIFUL VIEW OF DOWNTOWN,
05:49:06 IT WILL BE OBSTRUCTED THAT IS SOMETHING OVER FOUR
05:49:08 STORIES, JUST OVER ALL OF OUR UNITS.
05:49:13 AGAIN, I DON'T HAVE ANY PROBLEM WITH WHAT IT'S BEING
05:49:15 BUILT FOR.
05:49:16 IT'S JUST TOO TALL.
05:49:17 I WOULD LIKE THIS TO BE A CAP ON IT, NO HIGHER THAN FIVE
05:49:21 STORIES.
05:49:21 >>GUIDO MANISCALCO: AND YOUR NAME FOR THE RECORD, SIR?
05:49:29 >> BRIAN SMITH.
05:49:31 >>GUIDO MANISCALCO: ALL RIGHT.
05:49:34 THANK YOU.
05:49:35 NEXT SPEAKER.
05:49:38 I SEE CHRISTOPHER SCAIA?
05:49:46 >> IF YOU ARE ABLE TO HEAR ME, GENTLEMEN.
05:49:49 ARE YOU GUYS ABLE TO HEAR ME?
05:49:50 >>GUIDO MANISCALCO: YES, WE CAN.
05:49:51 PLEASE STATE YOUR NAME FOR THE RECORD.
05:49:52 >> THANKS SO MUCH AND THANK YOU FOR YOUR TIME.
05:49:57 MY NAME IS CHRISTOPHER SCAIA, AND I AM A RESIDENT OF
05:50:01 NORTH HYDE PARK AS WELL.
05:50:03 AND A LOT OF THIS IS GOING TO ECHO WHAT COUNCILMAN
05:50:07 MIRANDA HAS JUST SAID, BUT I DO WANT TO STATE FOR THE
05:50:10 RECORD THAT WE ARE FOR DEVELOPMENT IN THIS AREA.
05:50:13 I DON'T THINK ANY OF US PURCHASED HOMES IN THIS AREA WITH
05:50:18 THE AN ADVERTISINGS THAT THAT ENTIRE AREA WOULD REMAIN
05:50:21 INDUSTRIAL.
05:50:22 OUR HOPE IS THAT IT DEVELOPS INTO A MORE RESIDENTIAL TYPE
05:50:25 COMMUNITY.
05:50:27 I THINK THE THING THAT IS CONFUSING TO ME IS WHAT SO MUCH
05:50:31 LAND THERE THAT STILL NEEDS TO BE REZONED AND
05:50:34 REDEVELOPED, I'M NOT UNDERSTANDING WHY WE ARE MAKING
05:50:39 EXCEPTIONS OUT OF THE GATE TO BEGIN WITH.
05:50:42 THEY ALWAYS SAY BEGIN WITH THE END IN MIND.
05:50:44 AND I THINK WE CAN ALL AGREE THERE'S A FINITE AMOUNT OF
05:50:47 DENSITY ESPECIALLY WITH THE ROADWAYS IN THESE BACK AREAS,
05:50:50 SO AS WE CONTINUE TO MAKE EXCEPTIONS FOR MORE AND MORE
05:50:53 INTENSITY NOW, WHAT HAPPENS WHEN THEY WANT TO SELL THEIR
05:50:57 LOT?
05:50:58 IT JUST BECOMES MORE AND MORE CHALLENGING AND WE ARE
05:51:00 GOING TO END UP HANDCUFFING FUTURE DEVELOPERS FROM REALLY
05:51:03 BEING ABLE TO PUT TOGETHER SOMETHING FOR THEM BECAUSE
05:51:08 THEY WON'T HAVE THE DENSITY, THE COST OF THE LAND IS
05:51:10 GOING TO GO UP, ET CETERA, ET CETERA, AS TIME GOES ON.
05:51:13 SO WHAT WE ARE WANTING TO SEE IS JUST SOMETHING MORE
05:51:16 CONSISTENT WITH THE NEIGHBORHOOD.
05:51:16 THIS IS COMPLETELY OUT OF CHARACTER AS IT STANDS RIGHT
05:51:19 NOW.
05:51:21 ANOTHER THING THAT I WANT TO MENTION AS WELL, BECAUSE I
05:51:24 AM NOT SURE THAT I HAVE EVER -- AND I COME FROM A
05:51:27 BACKGROUND OF REGIONAL DEVELOPMENT MYSELF.
05:51:29 I'M NOT SURE THAT I HAVE EVER HEARD A PRESENTATION THAT
05:51:32 WAS SO HEAVILY BASED OF THE SUCCESS ON IT ON A
05:51:36 UNIVERSITY, WHEN THE UNIVERSITY ISN'T EVEN AWARE THAT
05:51:40 THIS PROJECT IS GOING ON.
05:51:42 AND I LITERALLY TOOK THE TIME TO REACH OUT TO THE
05:51:45 UNIVERSITY MYSELF TO FIND OUT IF THIS WAS A PART OF THEIR
05:51:48 PLANS OR IF THIS WAS WHAT THEY WERE TRYING TO DO.
05:51:50 I KNOW THEY HAVE THEIR OWN PROJECTS ON DECK AND I THINK
05:51:53 WE CAN ACTUALLY MAKE AN ARGUMENT THAT A PROJECT LIKE THIS
05:51:56 SO CLOSE TO THE UNIVERSITY WOULD OUT WITHOUT THE
05:51:59 UNIVERSITY AFFILIATION ACTUALLY PROHIBITS THEIR ABILITY
05:52:02 TO GENERATE THEIR OWN REVENUE FROM THE STUDENTS COMING
05:52:04 IN.
05:52:05 AND THE UNIVERSITY IS HERE BUT WITH 100% OF THIS BEING
05:52:11 STUDENT HOUSING, THAT'S ACTUALLY A PROBLEM FOR THE
05:52:14 UNIVERSITY ON SOME LEVELS AS WELL.
05:52:16 UNLESS I AM MISTAKEN AND THERE'S SOMEBODY FROM THE
05:52:18 UNIVERSITY HERE OR READY TO SPEAK THAT'S FOR THE PROJECT.
05:52:22 BUT FROM MY CONVERSATION, THERE WAS ABSOLUTELY NOTHING
05:52:25 THAT THEY WEREN'T EVEN AWARE OF THIS PROJECT.
05:52:29 THE OTHER THING THAT I WILL MENTION AS WELL IS THAT SOME
05:52:32 OF THESE PARAMETERS AND EXCEPTIONS ARE BEING ASKED FOR
05:52:36 BASED UPON THIS BEING A MIXED USE PROJECT.
05:52:40 THE MIXED USE COMPONENT TO THIS IS A 1670 SQUARE FOOT
05:52:45 SUNDRIES OR COFFEE SHOP.
05:52:47 AS A RESIDENT WHO LIVES HERE, I COULD THROW A FOOTBALL
05:52:50 AND HIT THREE DIFFERENT COFFEE SHOPS FROM WHERE I LIVE
05:52:52 I.ADOPT REALLY SEE THAT AS SOMETHING THAT'S BRINGING
05:52:54 ANYTHING TO OUR COMMUNITY.
05:52:56 IT FEELS TO ME LIKE A LITTLE BIT MORE OF A LOOPHOLE AS TO
05:53:00 DO ADDITIONAL THINGS THAT THEY WOULD WANT TO DO VERSUS
05:53:03 ACTUALLY COMING IN WITH A MIXED USE DEVELOPMENT WITH
05:53:06 DIFFERENT USES THAT THE RESIDENTS IN THE AREA WOULD
05:53:10 BENEFIT FROM.
05:53:11 SO THOSE ARE PROBABLY THE BIGGEST CONCERNS THAT I HAVE
05:53:16 HERE.
05:53:17 AND AGAIN, WE ARE PRO DEVELOPMENT TO THE AREA.
05:53:20 I KNOW THAT THERE WAS A PARCEL ACROSS THE STREET THAT WAS
05:53:23 JUST APPROVED FOR SIX STORIES.
05:53:24 THAT FEELS FINE.
05:53:27 YOU KNOW, THAT WOULD BE CONSISTENT WITH THE BUILDING
05:53:29 THERE.
05:53:29 BUT WE HAVE SO MUCH DEVELOPMENT THAT NEEDS TO BE DONE.
05:53:33 WE ARE PUTTING TOO MANY EGGS IN ANY ONE INDIVIDUAL BASKET
05:53:36 AND I BELIEVE WE ARE TRULY --
05:53:40 >>> THANK YOU VERY MUCH.
05:53:41 >> -- TO PUT TOGETHER ANY REMAINING PROJECTS WITH THE
05:53:44 REMAINING LAND.
05:53:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:53:45 NEXT SPEAKER.
05:53:46 WE HAVE JOHN RAYMOND ON THE LINE.
05:53:49 THANK YOU VERY MUCH, SIR.
05:53:49 >> THANK YOU ALL FOR THE TIME TODAY.
05:53:58 I'M JOHN RAYMOND.
05:53:59 I AM ALSO A HOMEOWNER IN NORTH HYDE PARK.
05:54:02 AND I WANT TO ECHO A LOT OF WHAT COUNCILMAN MIRANDA SAID
05:54:06 AND ALSO SPEAK TO SOME OF THE DEVELOPER'S POINTS.
05:54:10 I KNOW IN THE LAST MEETING WITH THE PLANNING COMMISSION
05:54:12 WAS NOT IN FAVOR OF DEVELOPMENT.
05:54:15 THE DEVELOPER STATED HE WISHED HE COULD HAVE REACHED OUT
05:54:18 TO THE NEIGHBORHOOD AND HEARD THE FEEDBACK IN
05:54:21 ANTICIPATION OF THE MEETING.
05:54:23 AGAIN TONIGHT, HE SAID HE HAS REACHED OUT TO THE
05:54:25 NEIGHBORHOOD.
05:54:26 I LIVE HERE.
05:54:27 I OWN A HOME HERE.
05:54:28 I HAVE NOT HEARD ANYTHING FROM THE DEVELOPER.
05:54:31 MEMBERS OF OW COMMUNITY HAVE REACHED OUT TO THE DEVELOPER
05:54:34 DIRECTLY WITH NO FEEDBACK, NO MATERIAL BEING PROVIDED, SO
05:54:41 A BIT OF THE DEVELOPERS IGNORING THE FEEDBACK OF THE
05:54:44 NEIGHBORHOOD HERE AS WELL.
05:54:46 IN ADDITION TO THAT, I'M A BIT CONCERNED WITH EXCLUSIVELY
05:54:51 STUDENT HOUSING COMPLEX FOR U.T. STUDENTS WITH NO FORMAL
05:54:56 AFFILIATION WITH THE UNIVERSITY, ALSO HAVING A PROPERTY
05:54:59 THAT IS KIND OF PUTTING ITSELF TO ONE TENANT IS KIND OF
05:55:07 HURTING THE NATURE OF OUR COMMUNITY WHICH MAKES IT SO
05:55:10 STRONG AND VIBRANT AND ALSO WITH A REGIONAL MIXED USE
05:55:13 DEVELOPMENT, THIS IS A REZONE, THIS IS NOT A PUD.
05:55:17 SO THIS OPENS THE DOORS FOR MUCH MORE THAN WHAT THEY ARE
05:55:21 PROPOSING IN THE EVENT THAT THIS DEVELOPER FALLS THROUGH,
05:55:24 AND EVERYTHING CAN FALL THROUGH, THE NEXT GUY CAN COME UP
05:55:29 AND BUILD A 24 STORY BUILDING HERE WITHOUT HAVING TO COME
05:55:32 TO YOU ALL, WHICH IS EXTREMELY CONCERNING FROM A
05:55:35 NEIGHBORHOOD STANDPOINT.
05:55:36 FROM THE OTHER ITEM, THE REFERENCE TO F.A.R. AS OPPOSED
05:55:40 TO HEIGHT, WITH OVER 570 BEDS IN THIS DEVELOPMENT.
05:55:47 THAT'S 250 PLUS UNITS.
05:55:52 SIGNIFICANT RATE OVER THE DENSITY PROPOSED.
05:55:55 >> I WOULD JUST LIKE TO ADD A COUPLE OF THINGS.
05:56:00 >>GUIDO MANISCALCO: WHAT'S YOUR NAME, SIR?
05:56:01 WHAT'S YOUR NAME?
05:56:02 >> NOT HAVING --
05:56:05 >> WHAT'S YOUR NAME?
05:56:07 WHAT'S YOUR NAME, SIR?
05:56:09 SIR, YOUR NAME?
05:56:10 >> ANECDOTALLY INCORRECT.
05:56:16 AS SOMEONE WHO DOES NOT LIVE HERE, SOMEONE WHO HASN'T --
05:56:22 >>> WE NEED YOUR NAME, SIR.
05:56:23 HAVE YOU REGISTERED, SIR?
05:56:26 HAVE YOU REGISTERED TO SPEAK OR NO?
05:56:28 >> IF SOMEONE IS TRYING TO SPEAK, WE ARE NOT ABLE TO
05:56:33 HEAR.
05:56:34 CAN YOU GUYS HEAR ME?
05:56:37 >>GUIDO MANISCALCO: WE CAN HEAR YOU.
05:56:38 CAN YOU HEAR US?
05:56:40 >> YES.
05:56:40 NOW I CAN.
05:56:41 >>GUIDO MANISCALCO: DID YOU REGISTER TO SPEAK?
05:56:44 >> I DID, YES.
05:56:45 I DID NOT RECEIVE A RETURN E-MAIL, THOUGH.
05:56:48 >>GUIDO MANISCALCO: WHAT IS YOUR NAME?
05:56:50 >> JAMES O'CONNOR.
05:56:51 >>GUIDO MANISCALCO: YOU ARE REGISTERED HERE, SO ALL
05:56:53 RIGHT.
05:56:53 >>GUIDO MANISCALCO: WE ARE GOING TO START YOU FROM THE
05:57:00 BEGINNING AT THREE MINUTES, BECAUSE YOU ARE BOTH ON THE
05:57:04 SAME CAMERA. WE DON'T HAVE CLARIFICATION.
05:57:06 IF YOU CAN START FROM THE BEGINNING AND STATE YOUR NAME.
05:57:08 WE'LL START THE THREE MINUTE CLOCK.
05:57:10 >> YES, ABSOLUTELY.
05:57:12 MY NAME IS SHANE O'CONNOR, ALSO A RESIDENT OF THE HYDE
05:57:17 PARK.
05:57:17 THANK YOU AGAIN FOR TAKING THE TIME.
05:57:20 TO HEAR FROM US FIRST AND FAR MOST, I KIND OF WANT TO
05:57:23 ECHO WHAT MY NEIGHBORS HAVE SAID HERE.
05:57:26 MANY OF US ARE IN REAL ESTATE OR HAVE BEEN IN REAL ESTATE
05:57:29 IN THE PAST, EVEN IN A DEVELOPMENT CAPACITY, AND
05:57:33 EVERYBODY HERE SUPPORTS DEVELOP THIS SIDE OF THE
05:57:37 NEIGHBORHOOD.
05:57:38 NOBODY MOVED HERE THINKING IT WOULD REMAIN AN INDUSTRIAL
05:57:40 SPACE.
05:57:41 SO WE ARE ALL FOR IT.
05:57:43 BUT AGAIN, IN A TRUE MIXED USE CAPACITY, AND WHEN YOUR
05:57:49 MIXED USE COMPONENT IS A PROPOSED COFFEE SHOP EXCLUSIVELY
05:57:52 FOR RESIDENTS, LIKE CHRIS SAID, IT FEELS A LOT MORE LIKE
05:57:55 A LOOPHOLE, VERSUS APPROACHING FROM A DEVELOPER
05:57:58 STANDPOINT AT LOOKING AT THE VALUE OF THE COMMUNITY AS A
05:58:02 WHOLE, WHICH IS OUR PERSPECTIVE, RIGHT?
05:58:04 SO OF COURSE THERE'S THE EMOTIONAL ELEMENT OF THIS IS
05:58:07 YOUR PRIMARY RESIDENCE, YOU WANT TO TAKE CARE OF IT AS
05:58:10 MUCH AS POSSIBLE, BUT THIS IS ALSO NOT THE LARGEST
05:58:13 INVESTMENT THAT ANY OF US WILL MAKE, THE NEXT ONE, AND WE
05:58:18 VIEW IN THE A HOLISTIC CAPACITY AND WE WANT THE
05:58:21 NEIGHBORHOOD AS A WHOLE TO RISE.
05:58:23 THERE ARE A COUPLE OF THINGS THAT THE APPLICANT HAS
05:58:25 MENTIONED THAT I WANT TO MENTION.
05:58:28 I WAS THE GUY THAT REACHED OUT DIRECTLY TWICE, PAID FOR
05:58:32 THE PREMIUM MEMBERSHIP TO MAKE SURE THAT MY MESSAGE GOT
05:58:35 THROUGH.
05:58:36 NO RESPONSE.
05:58:38 I UNDERSTAND THERE IS ALSO A 9% PARKING REDUCTION REQUEST
05:58:43 THAT GOES WITH THIS PROJECT.
05:58:46 TO SAY THAT THIS IS NOT -- THROUGHOUT THE AREA IS
05:58:52 ANECDOTALLY INACCURATE.
05:58:54 YOU ARE NOT FROM HERE, YOU HAVEN'T ASKED.
05:58:56 IT'S ALREADY A PROBLEM.
05:58:57 AND IT WILL GET DRAMATICALLY WORSE WITH THAT KIND OF
05:59:00 DENSITY IN A UMU 100 CAPACITY.
05:59:05 IF THERE WAS NO NEIGHBORHOOD OPPOSITION IN JULY, IT'S
05:59:09 BECAUSE NOBODY KNEW THAT THERE WAS SOMETHING TO HAVE
05:59:12 OPPOSITION TO.
05:59:13 THERE ARE A LOT OF PEOPLE WHO ARE ACTIVELY MOVING IN.
05:59:16 MY NEIGHBORS WHO WERE HERE IN JULY RECEIVED NO INDICATION
05:59:20 WHATSOEVER.
05:59:21 SO AGAIN, THAT FEELS A LITTLE BIT DISINGENUOUS TO MENTION
05:59:26 A DESIGN CHARRETTE THAT NO ONE HERE KNOWS ACTUALLY
05:59:29 HAPPENED.
05:59:30 IN CLOSING, I WOULD JUST LIKE TO SAY THANK YOU.
05:59:33 I VERY MUCH APPRECIATE THE TIME TO SPEAK, AND YOU GUYS
05:59:37 TAKING THE TIME TO TAKE OUR PERSPECTIVE.
05:59:39 THANK YOU, GENTLEMEN.
05:59:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:59:41 THE LAST SPEAKER I HAVE IS CARLOS MOORE.
05:59:48 >>THE CLERK: CARLOS MOORE DID NOT LOG ONTO THE MEETING.
05:59:52 AND THAT WILL CONCLUDE THE REGISTERED SPEAKERS.
05:59:54 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
05:59:56 AND ONE MORE TIME.
05:59:56 IS THERE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
05:59:59 ITEM NUMBER 3?
06:00:04 HEARING NONE DO WE HAVE ANY QUESTIONS OR COMMENTS FROM
06:00:07 COUNCIL MEMBERS BEFORE WE GO TO REBUTTAL?
06:00:09 HEARING NONE, MR. HORNER, DO YOU HAVE ANYTHING IN YOUR
06:00:15 TWO MINUTES?
06:00:16 >>MICHAEL HORNER: THANK YOU, MR. CHAIRMAN.
06:00:25 WE APPRECIATE THE COMMENTS.
06:00:26 AGAIN, MICHAEL HORNER FOR THE RECORD.
06:00:29 HOWEVER, HEIGHT, AS MR. SMITH NOTED, THE SAME HEIGHT THEY
06:00:35 ACHIEVED IN UMU 60 VERSUS RMU 100.
06:00:39 THE WINGSPAN DEVELOPMENT THAT IS APPROVED UNDER THE UMU
06:00:43 60, I SHOWED YOU THE ELEVATION.
06:00:46 PD PLAN WAS APPROVED AT 77 FEET.
06:00:48 OUR PLAN OF THE PD WITH ONE ADDITIONAL FLOOR.
06:00:52 SO UMU 60, RMU 100 IS THE SAME HEIGHT, FIVE STORIES.
06:00:59 THAT HAS ALREADY BEEN EXCEEDED BY THE WINGSPAN
06:01:01 DEVELOPMENT.
06:01:02 THAT IS WHY WE LOCATED OUR DEVELOPMENT DIRECTLY NEXT.
06:01:08 IN TERMS OF MR. SCAIA DENSITY EXCEPTION, COUNCIL, AS YOU
06:01:15 KNOW, THERE ARE NO REGISTERED PARTICIPATING ORGANIZATIONS
06:01:18 IN THIS AREA.
06:01:21 IN BOTH CPA FILINGS, BOTH UMU 60 AND RMU 100, WE SOCIETY
06:01:27 UP ALL THE NOTICES, HEARD NOTHING, BECAUSE NO ONE REACHED
06:01:31 US.
06:01:33 AT THE PLANNING COMMISSION HEARING, JUST 45 DAYS AGO, SO
06:01:38 OF THESE NEIGHBORS SPOKE OUT, WHICH WE WERE SURPRISED.
06:01:42 JENNIFER MALONE WAS KIND ENOUGH TO SEND ALL THOSE E-MAILS
06:01:45 TO MY OFFICE.
06:01:47 AND I REACHED OUT PERSONALLY TO EVERY SINGLE ONE OF THEM,
06:01:51 GAVE THEM A 30-PAGE DETAILED POWER POINT.
06:01:55 NO, WE DID NOT WALK THE NEIGHBORHOOD.
06:01:59 POWER POINT IN.
06:02:02 WE MADE OURSELVES AVAILABLE.
06:02:04 LIVE ON ACCELA.
06:02:05 WE RESPONDED TO EVERYTHING.
06:02:06 I DIDN'T HEAR ONE WORD, ONE E-MAIL, ONE PHONE CALL, AFTER
06:02:10 SENDING OUT ALL THOSE E-MAILS TO THOSE PARTICIPANTS FROM
06:02:13 THE NEIGHBORHOOD.
06:02:17 MY CLIENT IS NOT A RETAIL DEVELOPER.
06:02:19 MY CLIENT IS NOT AN OFFICE BUILDER.
06:02:21 MY CLIENTS ARE STUDENT HOUSING DEVELOPERS.
06:02:24 IT JUST MADE SENSE TO HAVE A SMALL RETAIL COMPONENT SO
06:02:28 EVERY TIME THEY WANTED SUNDRY ITEMS, COFFEE, THEY COULD
06:02:33 GET IT THERE, OTHER MODE OF TRANSPORTATION AND DRIVE TO
06:02:40 IT.
06:02:41 WE ARE NEXT TO THE UNIVERSITY.
06:02:46 WE ARE NEXT TO A DEVELOPMENT, AND NEXT TO A RAILROAD.
06:02:51 WE BELIEVE IT'S APPROPRIATE THAT THE PLANNING COMMISSION
06:02:54 CERTAINLY BELIEVES IT'S APPROPRIATE AND COMPATIBLE, AND
06:02:58 WE HAVE THEIR APPROVAL, AND WE ASK FOR YOUR APPROVAL
06:03:00 TONIGHT.
06:03:00 THANK YOU.
06:03:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:03:04 ANYTHING ELSE?
06:03:05 ANY OTHER QUESTIONS, COMMENTS FROM COUNCIL?
06:03:07 IF NOT, I WILL ASK FOR A MOTION TO CLOSE.
06:03:09 WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING FROM COUNCIL
06:03:11 MEMBER GUDES.
06:03:12 DO WE HAVE A SECOND?
06:03:15 >>LUIS VIERA: AND THANK YOU, MR. CHAIR.
06:03:17 I JUST -- HOW CAN I BY THE THIS?
06:03:21 JUST SEEING THE SENTIMENTS THAT I SEE ON COUNCIL, I WOULD
06:03:24 JUST SAY IF THE APPLICANT WISHES TO CONTINUE THIS FOR
06:03:27 CHANGES IN ANY WAY, NOW IS THE TIME.
06:03:30 THAT'S ALL.
06:03:31 >>JOSEPH CITRO: MR. CHAIR, I WOULD AGREE WITH COUNCILMAN
06:03:36 VIERA IN ASKING THE PETITIONER IF HE WOULD LIKE AT THIS
06:03:38 TIME, SINCE THERE IS ONLY FIVE COUNCIL MEMBERS PRESENT,
06:03:42 IF HE WOULD PREFER TO CONTINUE THIS.
06:03:46 >>GUIDO MANISCALCO: AND IF THAT WERE THE CASE WOULD WE
06:03:50 NOT ALSO NEED A CONTINUANCE ON THE OTHER ITEM AS WELL?
06:03:55 >> TYLER HUDSON, 401 NORTH ASHLEY DRIVE.
06:03:58 WE AT THIS STAGE WOULD PREFER TO PROCEED WITH A VOTE ON
06:04:03 THIS COMP PLAN AMENDMENT.
06:04:04 WE ARE NOT BLIND TO REALITIES.
06:04:08 AND SO IF THAT IS UNSUCCESSFUL, WE WOULD LIKE TO CONTINUE
06:04:11 THE PD, THE CPA.
06:04:17 WE WOULD NEED TO TALK TO THE CITY ATTORNEY'S OFFICE
06:04:19 F.THAT PROCEEDS IT WILL NEED A BONUS PAYMENT AGREEMENT.
06:04:23 THE BONUS PAYMENT AMOUNT IS KNOWN.
06:04:25 THERE ARE SOME THINGS TO FINISH UP.
06:04:27 AND I DO NOT QUANTITY TO SPEAK TO THE CITY ATTORNEY'S BE,
06:04:30 I KNOW THEY ARE VERY BUSY, BUT THIS IS A STUDENT HOUSING
06:04:33 PROJECT, AND BEING A WEEK LATE, A MONTH LATE, THE SAME AS
06:04:38 BEING A YEAR LATE AND WE ARE ON A VERY TIGHT CONSTRUCTION
06:04:41 TIMELINE IN ANTICIPATION.
06:04:43 PD BEING APPROVED.
06:04:45 SO WE WOULD ASK TO PROCEED WITH THIS COMP PLAN VOTE.
06:04:47 WE WOULD ASK TO CONTINUE THE PD HANDLED AT 6:00.
06:04:53 BUT WE WOULD LIKE TO HAVE THAT CONTINUED TO FEBRUARY
06:04:56 JANUARY OR FEBRUARY, I BELIEVE.
06:04:58 >>GUIDO MANISCALCO: WE'LL GET TO THAT WHEN WE OPEN THE
06:04:59 6:00 BUT WE'LL TAKE A VOTE ON THIS PER YOUR REQUEST.
06:05:04 WE HAVE A MOTION TO CLOSE BY COUNCILMAN GUDES.
06:05:06 SECOND FROM COUNCILMAN CITRO.
06:05:08 ALL IN FAVOR?
06:05:09 ANY OPPOSED?
06:05:11 WHO WISHES TO TAKE THIS ITEM?
06:05:14 >>LUIS VIERA: I'LL READ IT AND SEE.
06:05:17 I MOVE AN ORDINANCE BEING PRESENTED FOR FIRST READING
06:05:19 CONSIDERATION, AND READ AN ORDINANCE AMENDING THE IMAGINE
06:05:23 2040 TAMPA COMPREHENSIVE PLAN, FUTURE LAND USE ELEMENT,
06:05:27 FUTURE LAND USE MAP FOR THE PROPERTY GENERALLY LOCATED AT
06:05:30 311 NORTH NEW PORT AVENUE FROM URBAN MIXED USE 60 UMU 60
06:05:35 TO REGIONAL MIXED USE 100 RMU 100 PROVIDING FOR REPEAL OF
06:05:39 ALL ORDINANCES IN CONFLICT PROVIDING FOR SEVERABILITY
06:05:41 PROVIDING AN EFFECTIVE DATE.
06:05:41 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
06:05:45 DO WE HAVE A SECOND?
06:05:49 IS THERE A SECOND?
06:05:52 HEARING NO SECOND, THE MOTION IS DEAD.
06:05:56 WHO WOULD LIKE TO, THEREFORE, READ THE OPPOSITE OF WHAT
06:06:03 COUNCIL MEMBER VIERA READ?
06:06:08 >>CHARLIE MIRANDA: I DON'T DO MUCH OPPOSITE BUT I WILL
06:06:10 TRY.
06:06:11 THIS IS ONE FOR COMP PLAN, AND I DON'T KNOW EXACTLY WHAT
06:06:15 THE WORDINGS ARE USED, BUT IF GO TO THE PLANNING
06:06:17 COMMISSION ON PAGE 9 OF THE OTHER REPORT, IT SAYS, YOU
06:06:23 KNOW, THE PLANNING COMMISSION IS HERE TO HELP PEOPLE GET
06:06:26 THINGS DONE, AND, YEAH, THE PLANNING COMMISSION
06:06:30 THEMSELVES VOTED 5-4.
06:06:32 I'M GOING TO SAVE TO WHAT I WILL SAY LATER.
06:06:37 BUT THE STAFF RECOMMENDED NOT TO PASS AND WHY?
06:06:40 I WOULD HAVE TO GO BACK TO THAT SAME PAGE, AND I WILL
06:06:42 READ IT AGAIN.
06:06:44 THE PLANNING COMMISSION STAFF HAS DETERMINED THAT THE
06:06:47 ADOPTED UMU 60 PROVIDES APPROPRIATE DENSITY AND INTENSITY
06:06:52 FOR THE SUBJECT SITE THAT IS COMPATIBLE WITH THE
06:06:56 SURROUNDING AREA.
06:06:58 THAT'S THE MOST IMPORTANT PART.
06:07:02 INCREASING THE DENSITY AND INTENSITY FURTHER WOULD BE OUT
06:07:04 OF CHARACTER FOR THE AREA THAT WOULD CREATE AN ISOLATED
06:07:11 PARCEL DESIGNATED RMU 100.
06:07:15 FURTHERMORE, APPROVAL OF THE RMU 100 DESIGNATION AT THIS
06:07:20 TIME WOULD SET A PRECEDENT A LYING FOR OTHER REQUESTS FOR
06:07:25 PARCELS IN THE SAME AREA TO SEEK THE SAME DESIGNATION.
06:07:28 THOSE ARE THE TROUBLING PARTS ABOUT THIS.
06:07:32 AND SO I AM GOING TO MAKE A MOTION TO NOT MOVE TO ALLOW
06:07:38 THIS COMPREHENSIVE PLAN CHANGE FROM RMU 60 TO RMU 100.
06:07:49 >>ORLANDO GUDES: SECOND.
06:07:51 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER
06:07:52 MIRANDA.
06:07:54 A SECOND BY COUNCIL MEMBER GUDES.
06:07:55 >>MARTIN SHELBY: MR. MIRANDA, WOULD THAT BE MORE
06:08:00 SPECIFICALLY A MOTION TO DENY THE PETITION?
06:08:02 >>CHARLIE MIRANDA: A MOTION TO DENY, YES, SIR.
06:08:05 ITEM NUMBER 3.
06:08:06 FOR THE RECORD, ITEM NUMBER 3, FILE TA-CPA 20-32.
06:08:10 >>GUIDO MANISCALCO: MOTION TO DENY FROM COUNCIL MEMBER
06:08:13 MIRANDA WITH A SECOND FROM COUNCIL MEMBER GUDES.
06:08:15 ROLL CALL VOTE.
06:08:16 >>LUIS VIERA: YAY.
06:08:23 >>ORLANDO GUDES: YES.
06:08:25 >>GUIDO MANISCALCO: YES CARL.
06:08:28 >>JOSEPH CITRO: YES.
06:08:29 >>CHARLIE MIRANDA: YES.
06:08:31 >> THE MOTION CARRIED WITH CARLSON BEING ABSENT AND
06:08:36 DINGFELDER BEING ABSENT AT VOTE.
06:08:37 >>GUIDO MANISCALCO: MAY I HAVE A MOTION TO OPEN THE
06:08:40 6 P.M. PUBLIC HEARINGS, 4 THROUGH 21?
06:08:44 MOTION FROM COUNCIL MEMBER GUDES.
06:08:46 SECOND FROM COUNCIL MEMBER VIERA.
06:08:47 ALL IN FAVOR?
06:08:52 THEREFORE, BECAUSE THIS WAS CONNECTED OR ASSOCIATED
06:08:55 PIECE, WE WILL MOVE WITH ITEM NUMBER 19 I BELIEVE MR.
06:09:02 HUDSON, YOU SAID WOULD YOU CONTINUE IT AT THIS POINT?
06:09:06 >> YES.
06:09:07 TYLER HUDSON, 400 NORTH ASHLEY DRIVE.
06:09:10 WE WOULD LIKE TO CONTINUE THIS TO THE SOONEST POSSIBLE
06:09:12 HEARING DATE, EITHER JANUARY 21st OR FEBRUARY 11 DUE
06:09:16 TO CONSTRUCTION TIMING CONSIDERATION.
06:09:18 BUT I HAVE A PERSON THAT WOULD LIKE TO SPEAK.
06:09:24 >>RYAN MANASSE: LAND DEVELOPMENT COORDINATION.
06:09:26 I DO HAVE THE AGENDA SCHEDULE GOING OUT AND I WANTED TO
06:09:29 MAINTAIN THAT TO 10 CASES PER COUNCIL WISHES.
06:09:32 I WILL SAY FEBRUARY 11TH. JANUARY IS TOO SOON. WE WOULD
06:09:37 HAVE TO GET THE BONUS PROVISION AND THE APPLICANT WOULD
06:09:40 NEED TO REVERY WITH THAT BONUS PROVISION AGREEMENT TO
06:09:44 COME BACK TO THE HEARING WITH THAT REZONING ITEM NUMBER
06:09:44 19.
06:09:46 FOR THE RECORD, REZ 20-87.
06:09:52 THERE ARE TEN REZONING CASES, NINE CONTINUED FOR FEBRUARY
06:09:57 25th WHICH IS AN ALCOHOL BEVERAGE NIGHT.
06:09:59 THERE'S THREE AB CASES AND SIX COMP PLAN AMENDMENT.
06:10:03 THE COMP PLANS PLAN AMENDMENT ARE AT 5:01 P.M.
06:10:06 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN, JUST SO THAT
06:10:10 COUNCIL HAS THE FULL UNDERSTANDING, PRESENTLY NOW THAT
06:10:16 YOU ARE BACK IN PERSON, YOU HAVE, I BELIEVE, TEN
06:10:19 REZONINGS AND ONE CONTINUED UNDER YOUR RULES AS THEY
06:10:22 WERE.
06:10:24 YOU ALLOWED FOR TEN NEW, AND THREE CONTINUED.
06:10:29 IF YOU WANT TO HAVE THAT.
06:10:30 AND I BRING IT TO YOUR ATTENTION.
06:10:32 I DON'T KNOW WHEN COUNCIL WANTS TO TAKE WHAT THE
06:10:35 PETITIONER HAS IN CONSIDERATION BUT IF COUNCIL WISHES TO
06:10:39 ADD AN ADDITIONAL REZONING, IT WOULD BE IN ADDITION TO
06:10:42 THE TEN LIMIT THAT YOU HAVE.
06:10:44 BUT IT WOULD BE, AGAIN, AVAILABLE FOR CONTINUED
06:10:51 REZONINGS.
06:10:54 TWO MORE WOULD BE FOR THE 21st IF YOU WANT THE 13.
06:10:57 BUT I WANTED TO LET COUNCIL KNOW.
06:11:00 >>GUIDO MANISCALCO: COUNCILMAN GUDES, DO YOU HAVE ANY
06:11:02 OPINION ON THAT?
06:11:03 >>ORLANDO GUDES: WELL, YOU SAID THE 25th WAS
06:11:05 AVAILABLE, CORRECT?
06:11:07 >> 25th IS AN ALCOHOL NIGHT.
06:11:10 THERE ARE THREE AT 6:00 P.M. AND SIX COMP PLAN AMENDMENT
06:11:14 AT 5:01 P.M.
06:11:15 >>ORLANDO GUDES: I HATE TO PUT MR. HUDSON UNDER THE GUN
06:11:18 BUT THIS COUNCIL DID APPROVE A LIMIT AND WE CAN'T JUST
06:11:21 KEEP SAYING WE WOULD SURPASS THAT.
06:11:24 I AM GOING TO BE A STICKLER ON THIS ONE HERE.
06:11:27 I LOOK AT THE 25th.
06:11:29 I DON'T KNOW ABOUT OTHER COUNCIL MEMBERS HERE BUT THE
06:11:32 25th PER OUR COUNCIL RULES TO TEN.
06:11:36 >>LUIS VIERA: WHAT IS THE FIRST AVAILABLE THAT'S MORE OR
06:11:40 LESS, OR AS WE SAY IN SPANISH, MANO Y MANO?
06:11:47 >> FEBRUARY 11 WE HAVE TEN REZONINGS.
06:11:49 WE TYPICALLY TAKE TEN NEW CASES, THREE CONTINUED.
06:11:52 SO THERE'S NINE NEW ONES ON FEBRUARY 11 AND ONE
06:11:55 CONTINUED.
06:11:56 AS MR. SHELBY WAS POINTING OUT, IT DID GO ALONG THAT
06:12:00 LINE.
06:12:01 IF YOU HAVE MORE THAN TEN, BUT YOU HAVE THREE CONTINUED.
06:12:07 SO TYPICALLY THERE'S 13 CASES.
06:12:09 >>LUIS VIERA: UNDER THAT, AND I RESPECT THE HECK OUT OF
06:12:11 MY GOOD FRIEND COUNCILMAN GUDES, I'M FINE WITH FEBRUARY
06:12:15 11, JUST AS A COURTESY FOR SOMETHING THAT WE HAVE ALREADY
06:12:18 HEARD SOMETHING OF AND MAY NOT TAKE AS MUCH TIME, I WOULD
06:12:21 THINK.
06:12:22 BUT THAT'S MY POSITION.
06:12:24 I'M FINE WITH FEBRUARY 11th.
06:12:26 >>RYAN MANASSE: FOR THE RECORD, AND JUST TO BE SURE,
06:12:34 WHATEVER DATE IT'S CONTINUED TO, THEY DO HAVE TO BE NOTED
06:12:39 AND STAFF WOULD HAVE TO GIVE THAT FINAL DRAFT BONUS
06:12:42 PROVISION AGREEMENT APPROVED THROUGH LEGAL, BECAUSE THAT
06:12:45 IS PART OF THAT PUBLIC NOTICE.
06:12:46 SO THERE ARE SOME CONTINGENCIES THAT MR. HUDSON IS AWARE
06:12:49 OF.
06:12:53 SO STAFF WOULD BE WAITING ON THAT FINAL DRAFT.
06:12:56 >>MARTIN SHELBY: I KNOW THE MOTION.
06:12:59 WAS THERE A SECOND?
06:13:01 WAS THERE A SECOND TO COUNCILMAN GUDES' MOTION?
06:13:03 >>ORLANDO GUDES: IT'S JUST DISCUSSION AT THIS POINT.
06:13:18 I AM GOING TO SHOW A LITTLE DEFERENCE.
06:13:21 >>LUIS VIERA: I REFER TO YOU, NOT HERE BUT IN GENERAL.
06:13:24 >>JOSEPH CITRO: IS FEBRUARY 11th ENOUGH TIME FOR YOU
06:13:27 TO GET THINGS PREPARED?
06:13:30 >> ABSOLUTELY.
06:13:31 WE WILL WORK VERY HARD TO GET IT DONE BUT WELL BEFORE
06:13:34 THAT.
06:13:35 >>JOSEPH CITRO: REZ 20-82, I MOVE FOR A CONTINUANCE
06:13:38 UNTIL FEBRUARY 11, 2021.
06:13:41 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
06:13:43 WE HAVE A SECOND FROM COUNCILMAN --
06:13:47 >>JOSEPH CITRO: 6:00.
06:13:48 >>GUIDO MANISCALCO: 6, FEBRUARY 11th.
06:13:51 SECOND FROM COUNCILMAN GUDES.
06:13:52 ALL IN FAVOR?
06:13:54 ANY OPPOSED?
06:13:56 GREAT.
06:13:56 THANK YOU VERY MUCH.
06:14:00 OKAY.
06:14:01 WE ARE NOW AT ITEM NUMBER 4.
06:14:04 >>MARTIN SHELBY: DID YOU WANT TO TAKE CARE SOME OF
06:14:08 HOUSEKEEPING?
06:14:14 MS. WELLS DOES HAVE A STATEMENT AND ADVISE THE PUBLIC AND
06:14:17 COUNCIL.
06:14:18 GO AHEAD.
06:14:18 >>RYAN MANASSE: IF YOU DON'T MIND, I CAN CLEAN UP A FEW
06:14:22 ITEMS AS WELL.
06:14:24 >>GUIDO MANISCALCO: SURE, GO AHEAD.
06:14:27 RYAN RUIN ITEM NUMBER 11, WATTS ON THE AGENDA AS REZ
06:14:30 20-37.
06:14:32 THIS WAS RECEIVED REDRAWING THE ZONING REQUEST SO THE
06:14:38 REQUEST IS TO BE WITHDRAWN.
06:14:40 >>CHARLIE MIRANDA: SO MOVED TO WITHDRAW NUMBER 11.
06:14:43 >>GUIDO MANISCALCO: MOTION TO WITHDRAW FOR ITEM NUMBER
06:14:45 11.
06:14:46 COUNCILMAN MIRANDA.
06:14:47 SECOND FROM COUNCILMAN CITRO.
06:14:49 ALL IN FAVOR?
06:14:50 ANY OPPOSED?
06:14:51 OKAY.
06:14:51 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
06:14:53 ITEM NUMBER 15, REZ 20-80, STAFF DID RECEIVE THE
06:15:00 CONTINUANCE REQUEST FROM MR. HUDSON.
06:15:03 THEY ARE REQUESTING JANUARY 21st, 2021.
06:15:06 AND JUST FOR THE RECORD ON OUR AGENDA, JANUARY 21st,
06:15:10 WE HAVE FOUR COMP PLAN AMENDMENT AT 5:01 AND FOUR
06:15:13 REZONINGS SO THERE IS SPACE.
06:15:14 >>GUIDO MANISCALCO: OKAY.
06:15:15 DO WE HAVE A MOTION TO CONTINUE ITEM NUMBER 15?
06:15:18 REZ 20-80?
06:15:20 MOTION FROM COUNCILMAN GUDES.
06:15:21 SECOND FROM COUNCILMAN CITRO.
06:15:23 ALL IN FAVOR?
06:15:23 >>MARTIN SHELBY: AGAIN THE TIME PLEASE FOR THAT?
06:15:27 >>JOSEPH CITRO: 6 P.M.
06:15:28 >>RYAN MANASSE: ITEM NUMBER 17, THIS WAS ORIGINALLY ON
06:15:35 MY DASHBOARD AS BEING MOVED TO FEBRUARY 11, 2021.
06:15:39 I BELIEVE THEY DID NOT PERFECT NOTICE SO THEY WERE MOVED
06:15:42 TO THE NEXT CYCLE.
06:15:43 FEBRUARY 11th.
06:15:44 IT DOES HAVE 10 REZONINGS.
06:15:46 >>MARTIN SHELBY: WHAT NUMBER WAS THAT?
06:15:54 >>GUIDO MANISCALCO: NUMBER 17.
06:15:56 REZ 20-84.
06:15:58 >>CHARLIE MIRANDA: SO MOVED TO FEBRUARY 11, 2021 AT
06:16:00 6:00 P.M.
06:16:01 >>GUIDO MANISCALCO: SECONDED BY COUNCILMAN CITRO.
06:16:03 ALL IN FAVOR?
06:16:04 ANY OPPOSED?
06:16:05 OKAY.
06:16:05 >>RYAN MANASSE: THE LAST ONE, CHAIR, ITEM NUMBER 10, I
06:16:09 WANT TO MAKE CLEAR THAT THE VACATING 20-66, IT GOES ALONG
06:16:13 WITH NUMBER 16 WHICH SO IT'S THE PLEASURE OF CITY COUNCIL
06:16:19 TO HEAR IT AFTER THE VACATING, I JUST WANT TO MAKE YOU
06:16:23 AWARE OF THAT.
06:16:23 >>GUIDO MANISCALCO: YOU WANT TO HEAR 10 AND 16 AFTER THE
06:16:27 FACT?
06:16:27 OKAY.
06:16:28 AND THEN WHAT ABOUT 7 AND 8?
06:16:44 >>MARTIN SHELBY: YOU ALSO HAVE 6 AS WELL.
06:16:46 >>GUIDO MANISCALCO: AND NUMBER 6, THERE'S A REQUEST FOR
06:16:48 A CONTINUANCE.
06:16:50 >>ERIC COTTON: LAND DEVELOPMENT COORDINATION.
06:16:52 NUMBER 6 WILL BE APPLICANT JUST WAITING FOR A FULL
06:16:57 REGULAR COUNCIL WITHOUT THE HYBRID.
06:17:04 EVERYBODY IN PERSON.
06:17:08 SO WHENEVER THAT MAY BE IN THE FUTURE.
06:17:10 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
06:17:22 I WAS GOING TO SAY, I DID SPEAK WITH MS. WATKINS EARLIER
06:17:25 THIS WEEK, AND IT WAS MY UNDERSTANDING SHE WAS GOING TO
06:17:28 BE HERE, SO SHE'S HERE TO SPEAK TO HER REQUEST FOR A
06:17:30 CONTINUANCE.
06:17:30 BUT I WILL SAY THAT THIS REQUEST, WHAT YOU ARE REVIEWING
06:17:34 IS A REQUEST TO CONTINUE USING AN ACCESSORY STRUCTURE AS
06:17:37 A DWELLING UNIT.
06:17:38 AND SO MAYBE BEING PRESENTED OUT, SO I JUST WANT COUNCIL
06:17:46 TO BE AWARE OF THAT.
06:17:48 ALSO, ALONG WITH THE FACT THAT THERE'S REALLY A LOT OF
06:17:51 UNCERTAINTY ABOUT WHEN COUNCIL WILL RESUME FULLY WITH NO
06:17:55 VIRTUAL COMPONENT TO THEIR MEETING.
06:17:58 SO AT THIS POINT I WOULD MAYBE SUGGEST THAT COUNCIL
06:18:00 CONSIDER CONTINUING IT TO A DATE CERTAIN RATHER THAN IN
06:18:04 THE EVENT.
06:18:09 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
06:18:10 >>ORLANDO GUDES: I WAS GOING TO ASK A QUESTION BUT GO
06:18:15 AHEAD.
06:18:15 >>JOHN DINGFELDER: OKAY.
06:18:16 THE YOUNG LADY IS HERE, WHOSE PETITION IT IS?
06:18:20 WOULD YOU LIKE TO SPEAK TO YOUR REQUEST?
06:18:22 >>MARTIN SHELBY: I DON'T KNOW WHETHER SHE'S ADDRESSED
06:18:27 COUNCIL PREVIOUSLY.
06:18:28 MS. JOHNSON-VELEZ, HAS IT BEEN BEFORE COUNCIL PREVIOUSLY?
06:18:31 >>SUSAN JOHNSON-VELEZ: IT WAS NOT.
06:18:38 IT WAS CONTINUED FROM THE SEPTEMBER 21st HEARING BUT
06:18:40 IT'S MY UNDERSTANDING FROM THE CLERK'S OFFICE THAT NOTICE
06:18:43 HAS NEVER BEEN PERFECTED ON THIS APPLICATION.
06:18:44 >>MARTIN SHELBY: WAS NOTICE PERFECTED TO YOUR KNOWLEDGE
06:18:47 ON TONIGHT'S APPLICATION?
06:18:48 >>SUSAN JOHNSON-VELEZ: NOT TO MY KNOWLEDGE IT WAS NOT.
06:18:50 >>MARTIN SHELBY: SO THEN WOULD YOU AGREE THAT AS A
06:18:53 MATTER OF LAW WE WOULD NOT BE ABLE TO GO FORWARD TONIGHT?
06:18:57 >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT.
06:18:58 NOTICE HAS NOT BEEN SENT.
06:18:59 >>MARTIN SHELBY: THEN MAYBE WE WANT TO INQUIRE OF THE
06:19:01 PETITIONER AS TO A DATE, AND THE NECESSITY OF NOTICE.
06:19:05 >>CHARLIE MIRANDA: I AGREE WITH THAT, MR. CHAIRMAN.
06:19:10 LET THE PETITIONER SET HER REQUEST FOR THE DATE ANYWAY,
06:19:13 BECAUSE WE DON'T KNOW WHEN THIS IS GOING TO CHANGE.
06:19:15 >>JOHN DINGFELDER: THE PROPERTY, MS. JOHNSON-VELEZ, IS
06:19:21 CURRENTLY UNDER CITATION?
06:19:22 IT'S BEEN CITED?
06:19:25 NO?
06:19:27 >> WE DON'T BELIEVE THAT THERE'S A CITATION ON IT
06:19:30 CURRENTLY.
06:19:31 NO.
06:19:31 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME FOR THE
06:19:33 RECORD.
06:19:33 >>MARTIN SHELBY: ALSO, MR. CHAIRMAN, WOULD YOU MIND
06:19:36 SWEARING HER IN, PLEASE?
06:19:38 >>GUIDO MANISCALCO: IF YOU COULD PLEASE RAISE YOUR RIGHT
06:19:40 HAND AND WE'LL SWEAR YOU IN.
06:19:44 ANYBODY ELSE?
06:19:45 (OATH ADMINISTERED BY CLERK).
06:19:46 >> I DO.
06:19:49 >>GUIDO MANISCALCO: YES, MA'AM.
06:19:57 IT SAYS HERE YOU WOULD LIKE TO CONTINUE THIS TO THE NEXT
06:19:59 COMPLETELY IN PERSON MEETING SO BACK TO WHERE WE WERE
06:20:01 BEFORE ALL OF THIS.
06:20:02 WE DON'T KNOW WHEN THAT'S GOING TO BE.
06:20:04 THEY HAVE ASKED FOR A DATE CERTAIN.
06:20:06 WE CAN ONLY ASSUME AT THIS POINT.
06:20:11 WHEN WOULD YOU BE COMFORTABLE?
06:20:13 THE SUMMERTIME, THE LATE SPRING?
06:20:14 >> PART OF THE REASON WHY I CAN'T DO IT TONIGHT WAS
06:20:19 BECAUSE MY WHOLE HOUSE IS HACKED UP.
06:20:21 I'M ACTUALLY STAYING IN THE STRUCTURE WHILE THE FLOORS
06:20:26 ARE BEING REFINISHED.
06:20:28 I WOULD PREFER TO HAVE NO VIRTUAL COMPONENT IF IT'S
06:20:33 POSSIBLE.
06:20:33 IF NOT,.
06:20:43 >>GUIDO MANISCALCO: WE JUST DON'T KNOW WHAT DATE THAT
06:20:45 WILL BE.
06:20:46 WE CAN ASSUME JULY OR MAY OR APRIL.
06:20:48 IF NOT, I GUESS WE'LL JUST HAVE TO CONTINUE IT FROM
06:20:51 THERE, TO A FUTURE DATE.
06:20:56 IT NEVER REALLY ENDS.
06:20:57 >>MARTIN SHELBY: MR. CHAIRMAN, MAY I ADVISE THE COUNCIL
06:21:01 AND TO THE PETITIONER THAT IN ORDER FOR SOMETHING TO GO
06:21:05 FORWARD, ASSUMING EVEN IF IT IS, IN APRIL, AND BY THE
06:21:09 WAY, IT'S BEEN BROUGHT TO MY ATTENTION THAT YOUR CALENDAR
06:21:13 ONLY PRESENTLY GOES UP TO APRIL.
06:21:15 WE CAN ASSUME WHAT DATES YOU ARE GOING TO HAVE IF WE GO
06:21:17 PAST APRIL, AND WE CAN MAKE THAT ASSUMING THE SECOND
06:21:22 EVENING MEETING OF THE MONTH AT 6:00 P.M. IF COUNCIL
06:21:26 WANTS TO DO IT PAST APRIL.
06:21:28 BUT IRRESPECTIVE OF WHATEVER DATE IS SET, THE PUBLIC
06:21:33 NEEDS TO GET THE NOTICED AREA NEEDS TO BE AND LEGALLY
06:21:43 SUFFICIENT KNEADS NOTICE NEEDS TO BE PROVIDED AND PROOF
06:21:45 OF THAT IN AN AFFIDAVIT TO THE CLERK'S OFFICE SO WHEN
06:21:48 THIS PERSON, EXCUSE ME, THIS PETITIONER COMES BACK,
06:21:50 COUNCIL CAN LEGALLY HEAR IT.
06:21:52 AS OF RIGHT NOW, NO NOTICE HAS BEEN GIVEN UP TO THIS
06:21:54 DATE.
06:21:54 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
06:21:56 >>: YES, MA'AM, THAT WAS GOING TO BE MY QUESTION, AND
06:21:59 MR. SHELBY INDICATES THE NOTICE.
06:22:01 YOU ARE FAMILIAR WITH THE NOTICE.
06:22:02 HAVE YOU BEEN TOLD HOW TO DO IT AND THAT SORT OF THING?
06:22:06 >> I HAVE HAD TO NOTICE BEFORE WITH THE CITY.
06:22:10 >>JOHN DINGFELDER: SO MAKE SURE THAT WHATEVER DATE WE
06:22:12 PICK THAT YOU NOTICE, AND CONTINUANCE AFTER CONTINUANCE
06:22:17 ISN'T GOOD.
06:22:18 >> I UNDERSTAND.
06:22:19 >>ORLANDO GUDES: MR. SHELBY, I WILL GO AHEAD GO AHEAD
06:22:25 AND TAKE THE VOTE BUT I WANT TO MAKE SURE LEGAL HAS A
06:22:31 CLEAR UNDERSTANDING AS TO VIRTUAL AND A QUORUM.
06:22:33 I AM NOT UNDERSTANDING.
06:22:35 BUT I WILL ASK THAT AFTER WE FINISH HER BECAUSE I WANT
06:22:37 CLARIFICATION ON WHAT DOES THAT REALLY MEAN.
06:22:42 WHEN WE ARE ASKING FOR A CONTINUANCE, AND I WANT NO
06:22:46 VIRTUAL, I DON'T UNDERSTAND THAT, IF WE HAVE A FULL BODY
06:22:49 OR QUORUM, WHAT DOES VIRTUAL HAVE TO DO WITH US MEETING
06:22:52 IN PERSON?
06:22:53 SO I DON'T UNDERSTAND.
06:22:54 >>MARTIN SHELBY: WELL, THAT MIGHT BE A VERY GOOD
06:22:56 QUESTION TO ASK THE PETITIONER, WHAT DIFFERENCE WOULD IT
06:22:58 MAKE TO THAT PETITIONER AS TO WHY, WHAT HAS BEEN UP TO
06:23:02 THIS POINT SUFFICIENT TO GO FORWARD WITH CMT, YOU KNOW,
06:23:08 REMOTE PARTICIPATION.
06:23:10 MAYBE SHE HAS A REASON AS TO WHY SHE WANTS IT IN PERSON
06:23:15 MEETING.
06:23:16 MAYBE SHE CAN PROVIDE THAT TO COUNCIL SO THAT YOU HAVE
06:23:18 THAT INFORMATION.
06:23:19 >>ORLANDO GUDES: ARE YOU ABLE TO DO THAT, MA'AM?
06:23:21 BECAUSE WE HAVE A FULL QUORUM.
06:23:23 AND IF YOU ARE SAYING YOU WANT THE NEXT NO VIRTUAL, I
06:23:26 DON'T KNOW LEGALLY IF WE HAVE A FULL QUORUM GOING
06:23:29 FORWARD.
06:23:30 >> I UNDERSTAND.
06:23:30 SO WHEN THEY NOTICED ME, THAT THIS HEARING WAS COMING UP,
06:23:35 THEY GAVE THE OPTION TO NOT DO IT VIRTUALLY, WHICH IS WHY
06:23:42 I ASKED FOR THE CONTINUANCE.
06:23:45 I MEAN, IF I HAVE TO DO IT, I WILL.
06:23:47 I JUST PREFER NOT HAVING A VIRTUAL COMPONENT.
06:23:52 >>ORLANDO GUDES: WELL, I WILL --
06:23:56 >> IT WASN'T AN OBJECTION.
06:23:59 I WOULD RATHER -- IN PERSON.
06:24:01 >>ORLANDO GUDES: I DON'T HAVE A PROBLEM GIVING YOU A
06:24:04 CONTINUANCE IF WE HAVE A NOTICE PROBLEM.
06:24:06 I HAVE A PROBLEM GOING FORWARD IF YOU ASK FOR A
06:24:08 CONTINUANCE AGAIN, AND YOU SAY YOU DON'T WANT VIRTUAL,
06:24:11 AND WE ARE ALL MEETING, YOU ARE HERE IN PERSON AND YOU
06:24:13 CAN MAKE YOUR PRESENTATION OR WHATEVER, YOUR CASE, AND WE
06:24:16 ARE ALL HERE MEETING IN PERSON.
06:24:18 I WOULD HAVE A PROBLEM WITH THAT.
06:24:19 >> OKAY.
06:24:20 SO IF YOU DO THE CONTINUANCE AND AS OF THAT DATE IT'S
06:24:24 STILL A HYBRID, THEN --
06:24:27 >>ORLANDO GUDES: I'M JUST LETTING YOU KNOW THAT I WOULD
06:24:29 NOT BE IN FAVOR OF GIVING YOU ANOTHER CONTINUANCE, IF YOU
06:24:32 SAY YOU WANT NO VIRTUAL, I WOULD HAVE A PROBLEM WITH THAT
06:24:37 WHEN WE ARE ALL MEETING IN PERSON WITH A FULL QUORUM.
06:24:40 >> I UNDERSTAND.
06:24:41 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:24:43 SO HOW ABOUT WE SHOOT FOR APRIL JUST -- BECAUSE WE DON'T
06:24:46 KNOW WHAT'S GOING TO HAPPEN BUT SO WE KNOW FROM HERE ON A
06:24:50 CERTAIN DATE, MEETING IN APRIL, MR. SHELBY?
06:24:53 >>MARTIN SHELBY: ACTUALLY, YOUR APRIL --
06:24:57 >>CATE WELLS: CHIEF ASSISTANT CITY ATTORNEY.
06:24:59 IF I MAY.
06:24:59 GIVEN THAT THIS WAS PREVIOUSLY SCHEDULED FOR A HEARING IN
06:25:02 SEPTEMBER, AND I UNDERSTAND MS. WATKINS CONCERNS ABOUT
06:25:05 THE HEARING BACK IN SEPTEMBER, BECAUSE AT THAT POINT IT
06:25:07 WAS ALL VIRTUAL.
06:25:08 BUT AS WE HAVE NOTICED SINCE NOVEMBER 1st WE HAVE
06:25:11 BEEN HAVING IN PERSON MEETINGS AND WHILE OTHERS CAN
06:25:14 PARTICIPANT VIRTUALLY CITY COUNCIL HAS BEEN PRESENT IN
06:25:16 PERSON AT EVERY MEETING.
06:25:18 SO WE WOULD, THE CITY OBJECTS TO A RESCHEDULING OUT TILL
06:25:24 APRIL.
06:25:24 THIS WAS ORIGINALLY SCHEDULED TO BE HEARD BY COUNCIL IN
06:25:26 SEPTEMBER.
06:25:28 IT WAS RESCHEDULED FOR THIS EVENING, AND SHE HAS NOT YET
06:25:33 PERFECTED NOTICE.
06:25:34 BUT TO MOVE THIS NOW FIVE MONTHS OUT, WHEN THIS IS WITH
06:25:39 REGARD TO A ZONING ADMINISTRATOR'S DECISION ON A CURRENT
06:25:43 USE OF THE PROPERTY, SO WE WOULD REQUEST THAT IT BE
06:25:46 RESCHEDULED FOR FEBRUARY.
06:25:47 THAT WOULD ALLOW HER PLENTY OF TIME TO PERFECT NOTICE.
06:25:51 I ALSO WANTED TO MENTION FOR THE RECORD THAT IF IT IS
06:25:54 MISNOTICED AGAIN, OUR POSITION WOULD BE THAT CITY COUNCIL
06:25:57 SHOULD APPROPRIATELY DENY THE REQUEST.
06:25:59 THANK YOU.
06:26:00 >>GUIDO MANISCALCO: OKAY.
06:26:06 AND FEBRUARY IS WHAT OUR ATTORNEY IS SAYING BECAUSE IT
06:26:08 WAS PREVIOUSLY SCHEDULED IN SEPTEMBER.
06:26:10 SO NOT APRIL.
06:26:12 I MEAN, IT IS FIVE MONTHS OUT.
06:26:15 SO FOR FEBRUARY WHEN, MR. SHELBY?
06:26:18 >>MARTIN SHELBY: WELL, I BELIEVE THESE REVIEW HEARINGS
06:26:20 NOW ARE GOING TO BE SCHEDULED FOR THE DAYTIME.
06:26:23 >>GUIDO MANISCALCO: YES.
06:26:23 >>MARTIN SHELBY: MR. CHAIRMAN, I BELIEVE COUNCIL HAD
06:26:27 PREVIOUSLY SAID 1:30 IN THE AFTERNOON AT THIS POINT.
06:26:33 >>GUIDO MANISCALCO: OKAY.
06:26:34 >>MARTIN SHELBY: SO YOU HAVE A MEETING ON FEBRUARY
06:26:36 4th AND YOU HAVE A MEETING ON FEBRUARY 18th.
06:26:38 AND MIND YOU, COUNCIL, AND THE PETITIONER SHOULD KNOW
06:26:42 THIS, THAT SHE WOULD NEED AT LEAST 30 DAYS OUT TO BE ABLE
06:26:46 TO GET THOSE NOTICES OUT TIMELY.
06:26:48 SO IF COUNCIL WISHES --
06:26:51 >>> 60 PLUS DAYS OUT.
06:26:53 >>MARTIN SHELBY: RIGHT.
06:26:53 SO I WOULD LET HER KNOW THAT THE NOTICES WOULD HAVE TO GO
06:26:56 OUT IN JANUARY, IF COUNCIL WISHES IT, IT'S AVAILABLE ON
06:26:59 THE 4th OR THE 18th AND PRESENTLY COUNCIL IS
06:27:03 SCHEDULING THOSE FOR 1:30 IN THE AFTERNOON.
06:27:05 >>GUIDO MANISCALCO: 1:30 IN THE AFTERNOON FEBRUARY
06:27:07 18th.
06:27:08 >> OKAY.
06:27:08 >>MARTIN SHELBY: IS THAT A MOTION, PLEASE?
06:27:11 >> SO MOVED TO THE 18th AT 1:30 OF THE YEAR 2021 AT
06:27:16 1:30.
06:27:17 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN MIRANDA.
06:27:19 SECOND FROM COUNCILMAN GUDES.
06:27:21 ALL IN FAVOR?
06:27:22 ANY OPPOSED?
06:27:22 THANK YOU VERY MUCH.
06:27:23 FEBRUARY 18th AT 1:30 P.M.
06:27:25 WE SET THOSE.
06:27:26 IT WON'T BE EXACTLY AT 1:30 BUT JUST SO YOU HAVE AN IDEA.
06:27:31 >> MAY I SAY SOMETHING?
06:27:32 THE HEARING IN SEPTEMBER WAS NOT CHANGED BY ME.
06:27:39 IT WAS CANCELED BECAUSE COVID CAME ALONG AND I WANTED YOU
06:27:45 TO BE AWARE OF THAT.
06:27:46 >>MARTIN SHELBY: A QUESTION, MR. CHAIRMAN, IF I CAN.
06:27:51 >>GUIDO MANISCALCO: YES.
06:27:51 >>MARTIN SHELBY: WAS THE SEPTEMBER MEETING EVER NOTICED
06:27:54 OFFICIALLY?
06:27:55 WAS THE NOTICES SENT OUT FOR THE SEPTEMBER MEETING?
06:27:58 >> NO.
06:28:00 >>MARTIN SHELBY: IT WASN'T.
06:28:01 SO WHEN IT CAME IN SEPTEMBER, IT COULDN'T HAVE BEEN HEARD
06:28:03 AT THAT POINT BECAUSE IT WOULD HAVE NOT BEEN NOTICED.
06:28:05 >> RIGHT, BUT THAT'S NOT THE REASON WHY IT WASN'T HEARD.
06:28:10 >>GUIDO MANISCALCO: JUST MAKE SURE THAT YOU HAVE THE
06:28:13 NOTICES SENT OUT.
06:28:14 >> AND IF I HAD KNOWN THAT I NEEDED TO DO THE HYBRID, AND
06:28:17 I DIDN'T HAVE A CHOICE, THAT'S WHAT WAS WRITTEN TO ME IN
06:28:20 THE E-MAIL, I WOULD HAVE THEN GONE THROUGH WITH THE
06:28:24 HEARING AND NOTICED, YOU KNOW, A MONTH AGO.
06:28:27 >>GUIDO MANISCALCO: OKAY.
06:28:28 WE'LL SEE YOU IN FEBRUARY.
06:28:30 THANK YOU VERY MUCH.
06:28:31 ITEM 7 AND 8 CANNOT BE HEARD.
06:28:33 DO WE NEED A MOTION TO REMOVE THOSE ITEMS?
06:28:36 >>CHARLIE MIRANDA: SO MOVED.
06:28:38 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
06:28:41 I'LL DO THEM SEPARATELY.
06:28:42 ITEM NUMBER 7 WAS ORIGINALLY SCHEDULED FOR NOVEMBER
06:28:45 21st OF 2019 IT'S BEEN CONTINUED TO FIVE DIFFERENT
06:28:51 HEARINGS INCLUDING THIS EVENING.
06:28:53 SO UNDER YOUR CODE, COUNCIL MAY EDEMA PETITION WITHDRAWN
06:28:57 AND DISMISS THE PETITION IF ON MORE THAN TWO OCCASIONS
06:29:00 THE MATTER IS PROPERLY SET BEFORE CITY COUNCIL WHICH IT
06:29:03 HAS BEEN FOR THIS APPLICATION ON SIX INDICATIONS, AND THE
06:29:07 PETITIONER EITHER FAILED TO APPEAR AT THE HEARING,
06:29:10 REQUESTED A CONTINUANCE OR FAILED TO PERFECT PUBLIC
06:29:12 NOTICE.
06:29:12 AND THERE HAS NEVER BEEN PUBLIC NOTICE THAT HAS BEEN
06:29:15 PERFECTED ON THIS APPLICATION SO WE WOULD RECOMMEND THAT
06:29:16 COUNCIL DEEM THIS PETITION WITHDRAWN AND DISMISS IT.
06:29:19 >>GUIDO MANISCALCO: ALL RIGHT.
06:29:20 A MOTION TO WITHDRAW --
06:29:22 >> SO MOVED.
06:29:23 >> SECOND.
06:29:23 >>MARTIN SHELBY: BY YOUR MOTION TO DEEM IT DISMISSED
06:29:28 BECAUSE OF THE WITHDRAWAL.
06:29:30 >>ORLANDO GUDES: THAT'S CORRECT.
06:29:31 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN GUDES.
06:29:33 THE SECOND WAS COUNCILMAN CITRO.
06:29:36 ALL IN FAVOR?
06:29:37 ANY OPPOSED?
06:29:38 OKAY.
06:29:38 ITEM NUMBER 8.
06:29:39 >>SUSAN JOHNSON-VELEZ: NUMBER 8, SENIOR ASSISTANT CITY
06:29:43 ATTORNEY, COUNCIL MEMBERS, THIS ITEM WAS SCHEDULED FOR
06:29:46 THE APRIL 16th HEARING WHICH OF COURSE WAS DEFERRED.
06:29:49 IT WAS THEN RESCHEDULED FOR JUNE 23rd, AND SEPTEMBER
06:29:53 21st, AND NOTICE HAS NOT BEEN PERFECTED ON THIS
06:29:56 APPLICATION AS WELL.
06:29:57 SO PURSUANT TO THE SAME PROVISIONS OF THE CODE THAT I
06:29:59 JUST DESCRIBED TO YOU, MY RECOMMENDATION THAT COUNCIL
06:30:02 DEEM THIS PETITION WITHDRAWN AND DISMISS IT.
06:30:04 >>GUIDO MANISCALCO: MOTION BY COUNCILMAN CITRO.
06:30:08 SECOND BY COUNCIL MEMBER GUDES.
06:30:09 ALL IN FAVOR?
06:30:10 ANY OPPOSED?
06:30:13 OKAY.
06:30:13 >>JOHN DINGFELDER: DONE FOR THE NIGHT?
06:30:20 >>GUIDO MANISCALCO: WE ARE GOING TO GO TILL SATURDAY AT
06:30:22 THIS POINT.
06:30:23 >>CATE WELLS: JUST ONE ANNOUNCEMENT.
06:30:25 I WANTED TO LET COUNCIL MEMBERS OF THE PUBLIC KNOW THAT
06:30:27 THERE'S GOING TO BE A CHANGE IN PROCEDURE WITH RESPECT TO
06:30:31 THE QUASI-JUDICIAL HEARINGS.
06:30:33 IF YOU WILL RECALL, WHEN CITY COUNCIL CANCELED ALL IN
06:30:36 PERSON MEETINGS BETWEEN JULY 21st AND OCTOBER
06:30:40 1st, APPLICANTS AND PROPERTY OWNERS WERE ADVISED THAT
06:30:43 THE ONLY METHOD TO PROCEED WITH THE QUASI-JUDICIAL
06:30:45 HEARING WAS UTILIZE VIRTUAL TECHNOLOGY THROUGH VIDEO
06:30:49 CONFERENCING OTHERWISE KNOWN AS COMMUNICATIONS MEDIA
06:30:52 TECHNOLOGY OR CMT.
06:30:54 IF THE PROPERTY OWNER OR APPLICANT ELECTED TO PROCEED IN
06:30:56 THAT FASHION, THEY WERE REQUIRED TO SUBMIT AN ELECTION TO
06:31:00 PROCEED FORM.
06:31:01 EFFECTIVE NOVEMBER 1st, CITY COUNCIL RESUMED HOLDING
06:31:04 HEARINGS IN PERSON, ALLOWING APPLICANTS, PROPERTY OWNERS
06:31:08 AND INTERESTED PERSONS TO PARTICIPATE EITHER IN PERSON OR
06:31:11 BY UTILIZING VIRTUAL TECHNOLOGY.
06:31:13 AT THAT TIME, THE ELECTION TO PROCEED FORM WAS REVISED TO
06:31:17 REMOVE THE INDEMNIFICATION PROVISION AND WAS LIMITED TO A
06:31:20 RELEASE WAIVER AND HOLD HARMLESS PROVISION RELATIVE TO
06:31:24 POSSIBLE CLAIMS BASED ON OR RISING FROM THE NOTICE
06:31:28 PROCEDURE AND/OR CONSEQUENCE DUCT OF THE VIRTUAL
06:31:31 HEARINGS.
06:31:32 GIVEN THE NOW COMMON USE OF VIRTUAL TECHNOLOGY, IT IS NOT
06:31:36 NECESSARY FOR APPLICANTS AND PROPERTY OWNERS TO SIGN AN
06:31:39 ELECTION OF PROCEED FORM.
06:31:41 BY PARTICIPATING IN TONIGHT'S HEARINGS, APPLICANTS AND
06:31:44 PROPERTY OWNERS ACKNOWLEDGE THAT THE T HEARING IS BEING
06:31:47 CONDUCTED BOTH IN PERSON AND VIRTUALLY WITH THE USE OF
06:31:50 CMT.
06:31:51 IF DURING THE COURSE OF THE HEARING AN APPLICANT OR
06:31:54 PROPERTY OWNER DETERMINES THAT THE USE OF CMT PRESENTS AN
06:31:57 ISSUE THAT MAY IMPACT THEIR DUE PROCESS RIGHTS, IT IS
06:32:02 INCUMBENT UPON THEM TO RAISE AN OBJECTION DURING THE
06:32:05 HEARING SO CITY COUNCIL MAY ADDRESS AND CORRECT.
06:32:08 SHOULD THEY FAIL TO DO SO, ANY SUCH CLAIM IS CONSIDERED
06:32:12 WAIVED.
06:32:12 I JUST WANTED TO MAKE THAT ANNOUNCEMENT AT THE BEGINNING
06:32:15 OF THE QUASI-JUDICIAL HEARINGS.
06:32:17 AND I WILL CONTINUE TO DON THAT IN THE FUTURE DURING THE
06:32:20 EVENING MEETINGS.
06:32:20 THANK YOU, MR. CHAIRMAN.
06:32:21 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:32:24 OKAY.
06:32:25 ITEM NUMBER 4.
06:32:30 I BELIEVE WE HAVE JAN MCLEAN ON THE LINE.
06:32:33 >>JAN MCLEAN: GOOD EVENING MR. CHAIR AND MEMBERS OF CITY
06:32:36 COUNCIL.
06:32:36 WE ARE HERE FOR THE SECOND PUBLIC HEARING, ITEM NUMBER 4
06:32:40 REGARDING A BROWNFIELD AREA DESIGNATION FOR PROPOSED
06:32:44 BROWNFIELD AREA LOCATED AT 1901 NORTH 66th STREET,
06:32:52 THE APPLICATION ENVIROFOCUS TECHNOLOGIES LLC.
06:32:57 IT WAS SUBMITTED TO THE CITY AND PARKING DESIGNATION TO
06:33:00 ASSIST IN REMEDIATION OF ENVIRONMENTAL IMPACTS THAT MAY
06:33:05 EXIST ON THE PROPERTY.
06:33:06 DETAILS OF THE DESIGNATION ARE OUTLINED IN THE DOCUMENT
06:33:08 ENTITLED STAFF REPORT OF ENVIRO TECHNOLOGIES LLC PROPOSED
06:33:14 BROWNFIELD DESIGNATION WHICH HAS BEEN MADE AVAILABLE FOR
06:33:16 PUBLIC VIEW AT THE CITY CLERK'S OFFICE.
06:33:19 CITY STAFF HAS REVIEWED SUCH APPLICATION AND DETERMINED
06:33:22 THAT ALL STATUTORY AND PUBLIC NOTICE REQUIREMENTS HAVE
06:33:24 BEEN MET AND RECOMMENDS THAT COUNCIL APPROVE THE
06:33:26 DESIGNATION.
06:33:28 AT THE CONCLUSION OF THE HEARING, COUNCIL -- STAFF
06:33:32 RECOMMENDATIONS THAT COUNCIL WOULD APPROVE THE RESOLUTION
06:33:34 DESIGNATING THE ENVIROFOCUS TECHNOLOGIES LLC AS
06:33:39 BROWNFIELD AS SPECIFIED IN CHAPTER 276 OF FLORIDA
06:33:47 STATUTES.
06:33:48 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS FROM
06:33:53 COUNCIL MEMBERS?
06:33:54 NO?
06:33:57 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
06:33:59 ITEM NUMBER 4?
06:34:01 I KNOW WE DON'T HAVE ANY REGISTERED SPEAKERS.
06:34:03 IS THERE ANYBODY HERE FOR ITEM NUMBER 4?
06:34:06 HEARING NONE -- MOTION TO CLOSE FROM COUNCILMAN CITRO.
06:34:11 SECOND FROM COUNCILMAN MIRANDA.
06:34:12 ALL IN FAVOR?
06:34:14 AYE.
06:34:15 ANY OPPOSED?
06:34:15 COUNCIL MEMBER CITRO, WOULD YOU --
06:34:19 >>JOSEPH CITRO: MOVE THE RESOLUTION.
06:34:20 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN CITRO.
06:34:23 SECOND FROM COUNCIL MEMBER MIRANDA.
06:34:24 ALL IN FAVOR?
06:34:25 ANY OPPOSED?
06:34:27 ALL RIGHT.
06:34:28 MS. MCLEAN, ITEM NUMBER 5.
06:34:31 >>JAN MCLEAN: THANK YOU, MR. CHAIR.
06:34:34 ITEM NUMBER 5 IS ALSO SECOND PUBLIC HEARING ON A
06:34:37 BROWNFIELD AREA DESIGNATION.
06:34:39 FOR PROPOSED BROWNFIELD AREA THAT IS LOCATED AT 1237 EAST
06:34:43 TWIGGS STREET, UPON THE APPLICATION FOR THE DESIGNATION
06:34:51 OF SUCH BROWNFIELD AREA TORE THE ASSESSMENT AND
06:34:55 REMEDIATION OF ENVIRONMENTAL IMPACT FOR THE PROPERTY.
06:34:59 DETAILS OF THE DESIGNATION HAVE BEEN OUTLINED IN A
06:35:02 DOCUMENT ENTITLED STAFF REPORT OF CHANNEL 2 WHICH HAS
06:35:07 BEEN AVAILABLE FOR PUBLIC REVIEW AT THE CITY CLERK'S
06:35:09 OFFICE.
06:35:10 CITY STAFF WILL DETERMINE THAT ALL STATUTORY AND PUBLIC
06:35:13 NOTICE REQUIREMENTS HAVE BEEN MET AND THE REUSE
06:35:16 DESIGNATION BE APPROVED.
06:35:18 AT THE CONCLUSION OF THE SECOND PUBLIC HEARING STAFF
06:35:21 RECOMMENDS APPROVAL OF THE RES DELUSION DESIGNATING
06:35:25 CHANNEL CLUB 2 AS SPECIFIED IN CHAPTER 376 FLORIDA
06:35:29 STATUTES.
06:35:29 >>GUIDO MANISCALCO: ANY QUESTIONS FROM COUNCIL MEMBERS?
06:35:33 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
06:35:36 ITEM NUMBER 5?
06:35:37 >>JOSEPH CITRO: MOVE TO CLOSE.
06:35:40 >>GUIDO MANISCALCO: MOTION BY COUNCIL MAN CITRO.
06:35:41 SECOND BY COUNCILMAN MIRANDA.
06:35:43 ALL IN FAVOR?
06:35:44 ANY OPPOSED?
06:35:46 >> MOVE THE RESOLUTION.
06:35:47 >> SECOND.
06:35:47 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER
06:35:49 MIRANDA TO MOVE THE RESOLUTION.
06:35:51 SECOND FROM COUNCILMAN CITRO.
06:35:53 ALL IN FAVOR?
06:35:54 AYE.
06:35:55 ANY OPPOSED?
06:35:56 OKAY.
06:35:59 YES, MA'AM?
06:36:02 ANYTHING ELSE?
06:36:03 MS. MCLEAN?
06:36:04 >>JAN MCLEAN: NO, SIR, THANK YOU.
06:36:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:36:08 ITEM NUMBER 9.
06:36:11 WITH LOTS OF PUBLIC COMMENT.
06:36:13 GO AHEAD, SIR.
06:36:19 >>ERIC COTTON: LAND DEVELOPMENT COORDINATION.
06:36:21 COUNCIL, AS YOU ARE AWARE OVER THE LAST COUPLE OF NIGHTS,
06:36:25 YOU HAD SEVERAL CASES A SITUATION WHERE YOU HAD
06:36:29 COMMERCIAL PROPERTIES COMING IN TO APPLY FOR A
06:36:32 RESIDENTIAL USE.
06:36:34 THIS IS ONE OF THESE KIND OF PROPERTIES.
06:36:36 THE ONLY ACCESS THEY HAVE IS ON A LOCAL STREET.
06:36:44 IF THE ELMO COULD GO ON.
06:36:45 >>THE CLERK: JIM CREW, CITY CLERK'S OFFICE.
06:36:50 DO THE SPEAKERS NEED TO BE SWORN IN?
06:36:52 >>GUIDO MANISCALCO: YES.
06:36:53 IF YOU ARE GOING TO SPEAK, YOU HAVE TO BE SWORN IN.
06:36:56 >>MARTIN SHELBY: ARE THERE ANY PERSONS PRESENT?
06:37:00 >>GUIDO MANISCALCO: DO WE HAVE ANYBODY HERE IN PERSON?
06:37:01 I SEE A FEW FOR ITEM NUMBER 9.
06:37:03 IF YOU ARE HERE TO SPEAK, PLEASE RAISE YOUR RIGHT HAND TO
06:37:06 BE SWORN IN.
06:37:07 >>MARTIN SHELBY: ARE THERE ANY PEOPLE OUTSIDE TO OUR
06:37:09 KNOWLEDGE ON ITEM NUMBER 9?
06:37:11 >>GUIDO MANISCALCO: LET'S CHECK.
06:37:13 THERE SHE IS.
06:37:21 I WAS GOING TO SAY, WHERE IS SUSAN?
06:37:24 (OATH ADMINISTERED BY CLERK)
06:37:28 ALL RIGHT.
06:37:32 >>ERIC COTTON: THANK YOU.
06:37:33 I AM GOING TO ASK FOR A SPECIAL USE, THERE ARE CERTAIN
06:37:36 CRITERIA IN THE CODE PRIMARILY FOR RESIDENTIAL USE,
06:37:39 MULTIFAMILY ON COMMERCIAL PROPERTY.
06:37:41 THERE'S TWO CRITERIA OF THE SPECIAL USE, ACCESS ON AN
06:37:45 ARTERIAL OR COLLECTOR ROAD AND COMPLIANCE WITH BE THE
06:37:48 RM-24 STANDARD.
06:37:52 AS YOU CAN TELL FROM THE MAP, THIS IS THE PROPERTY IN
06:37:54 QUESTION.
06:37:56 I WILL MOVE IT UP A LITTLE BIT.
06:37:58 2411 MINNEHAHA, AND MINNEHAHA DEAD-END INTO THE PROPERTY.
06:38:04 THE PROPERTY IS ZONED CI, 24th STREET IS A LOCAL
06:38:08 STREET.
06:38:08 SO ADMINISTRATIVELY, LIKE THE OTHER CASES WE HAD, STAFF
06:38:13 CAN'T APPROVE THE USE.
06:38:16 CI ALLOWS FOR MULTITUDE OF USES, CAR LOTS, RESTAURANTS,
06:38:20 MEDICAL OFFICE, GENERAL OFFICE.
06:38:22 BUT IT DOES NOT ALLOW FOR RESIDENTIAL EXCEPT BY SPECIAL
06:38:24 USE PROCESS.
06:38:26 THE APPLICANT APPLIED FOR AN SU-1, 2059.
06:38:31 THE APPLICANT IS 2411 EAST MINNEHAHA STREET, LLC.
06:38:36 AND AGAIN, THE SOLE REASON FOR THE DENIAL IS THE ACCESS
06:38:41 ONTO AN ARTERIAL OR COLLECTOR ROAD.
06:38:44 THIS IS THE PROPOSED SITE PLAN.
06:38:47 IT CONSISTS OF FIVE BUILDINGS WITH A PARKING LOT IN
06:38:51 BETWEEN, AND AGAIN ACCESS ONTO 24th STREET.
06:38:54 AT THE END OF THE HEARING, IF COUNCIL WOULD INDULGE ME
06:38:56 FOR ABOUT 30 SECOND, I WOULD LIKE TO BRING YOU UP TO DATE
06:38:58 ON SOME ISSUES WITH THE SPECIAL USE CRITERIA.
06:39:02 AND I AM HERE FOR ANY QUESTIONS IF COUNCIL HAS ANY.
06:39:05 >>GUIDO MANISCALCO: ANY QUESTIONS FOR THE GENTLEMAN AT
06:39:07 THIS TIME?
06:39:10 ALL RIGHT.
06:39:11 HEARING NONE.
06:39:16 MR. MECHANIK.
06:39:18 >>DAVID MECHANIK: MR. CHAIRMAN, COUNCIL MEMBERS, GOOD
06:39:19 EVENING.
06:39:20 MY NAME IS DAVID MECHANIK, 205 SOUTH BOULEVARD, TAMPA,
06:39:24 FLORIDA.
06:39:25 I'M HERE ON BEHALF OF THE APPLICANT 2411 MINNEHAHA LLC,
06:39:35 AND I HAVE DOCUMENTS TO BE GIVEN TO THE CLERK FOR THE
06:39:40 RECORD, AND WE ARE GOING TO BE SHOWING THOSE ON THE ELMO
06:39:44 AS WELL.
06:39:47 WITH ME THIS EVENING ARE HARRY HEDGES, A CONSULTANT ON
06:39:51 THE PROJECT, AND MICHAEL YATES, A FLORIDA PROFESSIONAL
06:39:56 ENGINEER WITH TOM TRAFFIC.
06:39:58 THE PROJECT IS A THREE-STORY, 120-UNIT WORKFORCE HOUSING
06:40:04 PROJECT AT 2411 EAST MINNEHAHA.
06:40:08 AT THIS POINT I AM GOING TO ASK MR. HEDGES TO COME
06:40:10 FORWARD AND GIVE YOU AN OVERVIEW OF THE PROJECT.
06:40:14 >> GOOD EVENING AND THANK YOU FOR YOUR TIME.
06:40:25 HARRY HEDGES.
06:40:29 WHEN MAYOR CASTOR CAME INTO OFFICE, TWO OF HER PRIORITIES
06:40:34 WERE TRANSPORTATION AND HOUSING.
06:40:38 WORKFORCE HOUSING.
06:40:41 WE DIDN'T REALIZE HOW FAR BEHIND THE CITY WAS IN
06:40:44 WORKFORCE HOUSING.
06:40:46 THIS PROPERTY THAT WE ARE TALKING ABOUT IS CURRENTLY
06:40:51 ZONED CI, LIGHT INDUSTRIAL, WHICH ALLOWS FOR SHOPPING
06:40:59 CENTERS, GROCERY STORES, AND MEDICAL CENTERS.
06:41:06 THEY ARE ALREADY APPROVED FOR THAT SITE.
06:41:08 THEY WOULD GENERATE MUCH MORE TRAFFIC THAN WE WOULD
06:41:11 GENERATE HERE.
06:41:15 THE MAYOR'S MISSION ON TRANSFORMING TAMPA'S TOMORROW,
06:41:19 MINNEHAHA FITS RIGHT INTO THAT GAME PLAN.
06:41:24 ENABLING FAMILIES TO BE CLOSE TO SCHOOLS.
06:41:27 WE HAVE BOTH PRIVATE AND PUBLIC SCHOOLS THERE WITHIN THE
06:41:30 AREA.
06:41:33 WE HAVE OPPORTUNITIES FOR EMPLOYMENT IN THE AREA.
06:41:39 BUT THE IDEA OF HAVING A FAMILY DEVELOPMENT WHERE THESE
06:41:46 CHILDREN CAN ACTUALLY WALK TO THEIR SCHOOL IF THEY WANTED
06:41:50 TO AND KEEP THEIR FAMILIES CLOSE TOGETHER, THIS IS HUGE.
06:41:56 YOU KNOW IN TODAY'S WORLD, WITH THE REAL ESTATE MARKET
06:41:59 THE WAY IT IS, PROPERTY IS JUST GOING UP-UP.
06:42:04 TAMPA IS NOW SEEING AN INSURGENT OF PEOPLE FROM OUT OF
06:42:09 STATE, WHICH IS GREAT FOR OUR COMMUNITY.
06:42:13 CERTAINLY WILL BRING OUR TAXES UP AND WILL BE ABLE TO DO
06:42:16 MORE WORKFORCE HOUSING.
06:42:20 AND I HAVE BEEN INVOLVED IN WORKFORCE HOUSING BOTH HERE,
06:42:24 COUNTY, AND STATE FOR MANY YEARS.
06:42:27 AND I CAN ASSURE YOU THE QUALITY OF DEVELOPMENT THAT WE
06:42:30 ARE TALKING HERE WITH SUCH AMENITIES AND THE THINGS THAT
06:42:35 WILL HELP, THAT WILL MAKE THIS A LIVABLE DEVELOPMENT FOR
06:42:43 OUR COMMUNITY.
06:42:44 WE DO TAKE OUR COMMUNITIES TO HEART.
06:42:46 AND THIS STRENGTHENS THE COMMUNITY.
06:42:50 THANK YOU FOR YOUR TIME.
06:42:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
06:42:52 MR. MECHANIK.
06:42:55 >>DAVID MECHANIK: THANK YOU.
06:42:55 DAVID MECHANIK AGAIN FOR THE RECORD.
06:42:57 AS ERIC EXPLAINED, THIS IS A DECISION THAT SOLELY RELATES
06:43:02 TO WHETHER OR NOT IT'S APPROPRIATE TO ALLOW THIS PROJECT
06:43:05 TO GO FORWARD ON A ROAD THAT IS NOT AN ARTERIAL OR
06:43:11 COLLECTOR.
06:43:12 THIS IS NOT A REZONING PETITION.
06:43:14 SOME OF THE COMMENTS FROM RESIDENTS WOULD SUGGEST THEY
06:43:19 WERE OBJECTING TO THE WHOLE PROJECT, BUT THIS IS ONLY TO
06:43:23 DISCUSS THE, FULL, THE WAIVER ON THE ROADWAY.
06:43:30 AS HARRY AND ERIC MENTIONED, THERE ARE A NUMBER OF USES
06:43:36 THAT WE PUT UP ON THE ELMO.
06:43:40 I WANT TO SHOW YOU.
06:43:41 WE DID A TRAFFIC TRIP GENERATION COMPARISON, AND THIS WAS
06:43:45 DONE BY MICHAEL YATES' FIRM.
06:43:49 TO GIVE YOU AN IDEA OF WHAT WE ARE TALKING ABOUT, OUR
06:43:53 APARTMENT PROJECT GENERATES 652 TRIPS PER DAY, WHEREAS A
06:44:00 SHOPPING CENTER GENERATES 4,195 TRIPS.
06:44:06 OKAY?
06:44:07 AND YOU CAN PUT THE SHOPPING CENTER THERE WITHOUT HAVING
06:44:10 TO GO TO COUNCIL TO ASK FOR PERMISSION.
06:44:13 THEY DON'T HAVE TO BE ON A COLLECTOR OR AN ARTERIAL ROAD.
06:44:17 A MEDICAL OFFICE GENERATES 2,175 TRIPS AS COMPARED TO OUR
06:44:23 652 TRIPS, BUT THE REAL EYE OPENER IS THAT A SUPERMARKET
06:44:29 GENERATES 6,289 TRIPS, AND AGAIN WE ARE ONLY 652 TRIPS.
06:44:38 SO THAT'S ALMOST TEN TIMES THE AMOUNT OF TRAFFIC THAT
06:44:42 THIS PROJECT WOULD GENERATE.
06:44:44 SO WE WOULD RESPECTFULLY SUGGEST THAT THERE IS SOME KIND
06:44:48 OF ANOMALY IN THE CODE, IN FACT, GROWTH MANAGEMENT STAFF
06:44:53 HAVE INDICATED TO US THAT THEY ARE PLANNING TO RECOMMEND
06:44:57 THAT THAT REQUIREMENT BE DELETED FROM THE CODE, BECAUSE
06:45:03 RESPECTFULLY IT MAKES NO SENSE WHATSOEVER.
06:45:06 I MEAN, COULD YOU PUT A WALMART.
06:45:08 COULD YOU PUT A PUBLIX.
06:45:10 AND THEY WOULDN'T BE COMING IN FRONT OF YOU.
06:45:13 THEY WOULD JUST BE GETTING THEIR PERMITS.
06:45:16 SO WITH THAT, I WILL COMPLETE OUR PRESENTATION AND
06:45:20 RESERVE ANY EXTRA TIME WE HAVE FOR REBUTTAL.
06:45:23 THANK YOU.
06:45:23 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
06:45:25 >>JOHN DINGFELDER: THANK YOU, MR. MECHANIK.
06:45:27 BE IT APPEARS THERE'S SOME SIGNIFICANT OPPOSITION, NOT
06:45:34 THAT THAT'S THE, YOU KNOW, NOT THAT THAT'S WHAT WE BASE
06:45:39 OUR DECISION ON.
06:45:40 WE BASE IT ON COMPETENT, SUBSTANTIAL EVIDENCE.
06:45:42 BUT MY QUESTION IS, WHAT HAS BEEN YOUR COMMUNICATION WITH
06:45:48 THE COMMUNITY, WITH THE FOLKS WHO ARE WRITING TO US, WITH
06:45:52 THE FOLKS UP AND DOWN THAT STREET?
06:45:55 >>DAVID MECHANIK: I WILL HAVE TO ASK --
06:46:01 >>JOHN DINGFELDER: YOU HAVE TO COME UP.
06:46:02 >>GUIDO MANISCALCO: PLEASE APPROACH THE LECTERN.
06:46:04 AFTER YOU FINISH SPEAKING FOR PUBLIC COMMENT, PLEASE USE
06:46:08 ALTERNATING PODIUMS SO WE CAN SANITIZE ONE.
06:46:11 >> THANK YOU.
06:46:13 NORMALLY, WE DO MEET WITH THE COMMUNITY AHEAD OF TIME.
06:46:16 UNFORTUNATELY, WE CAME INTO THIS IN THE LAST COUPLE OF
06:46:22 MONTHS, REALLY, LAST MONTH, REALLY.
06:46:26 WE DO WELCOME INTERACTION WITH THE COMMUNITY.
06:46:30 THIS IS DESIGNED TO HELP STRENGTHEN THEIR COMMUNITY.
06:46:34 IN NO WAY DIMINISH FROM THAT COMMUNITY.
06:46:40 I HAVE READ THE PEOPLE THAT ARE CONCERNED, AND WILL
06:46:46 GLADLY ADDRESS ANY OF THEIR CONCERNS.
06:46:49 I THINK WHEN THEY SEE THE PRESENTATION, WHEN THEY SEE
06:46:51 WHAT WE CAN DO, AND WHAT HAS BEEN DONE IN THE COMMUNITY
06:46:56 WHEN IT COMES TO WORKFORCE HOUSING, AGAIN, IT'S AN ASSET.
06:47:00 IT'S NOT A LIABILITY.
06:47:01 AND THOSE, MANY OF THOSE REFER TO IT AS A LIABILITY.
06:47:05 AND THAT'S NOT FAIR TO THE COMMUNITY TORRES DENTS WHO
06:47:10 OCCUPY THAT.
06:47:11 >>JOHN DINGFELDER: MR. CHAIRMAN, IF I COULD.
06:47:13 AND I SHOULD HAVE DONE THIS EARLIER.
06:47:15 I JUST WANTED TO DISCLOSE AS A MATTER OF RECORD, MR.
06:47:19 HEDGE AND I SERVE ON THE AFFORDABLE HOUSING ADVISORY
06:47:23 COUNCIL.
06:47:23 I DON'T KNOW IF YOU ARE STILL ON IT.
06:47:25 I DON'T KNOW IF YOU WERE LEAVING OR NOT.
06:47:27 BUT ANYWAY, WE SERVE ON THAT TOGETHER.
06:47:29 I DON'T BELIEVE -- WELL, IF MR. SHELBY WAS HERE, BUT
06:47:35 CATE, I DON'T BELIEVE THAT'S A CONFLICT IN MY MIND.
06:47:39 BUT ANYWAY, I JUST WANTED TO DISCLOSE THAT.
06:47:43 THE OTHER THING IS, IS THIS PROJECT TIME SENSITIVE IN
06:47:46 TERMS OF IT BEING HEARD TONIGHT?
06:47:48 BECAUSE USUALLY WE LIKE TO HEAR THAT PETITIONERS,
06:47:53 ESPECIALLY IN A CONTROVERSIAL CASE, HAVE HAD AN
06:47:56 OPPORTUNITY TO MEET WITH THE FOLKS IN THE NEIGHBORHOOD,
06:48:02 AND THAT SORT OF THING.
06:48:05 I KNOW IT'S A LITTLE MORE DIFFICULT WITH COVID, BUT EVEN
06:48:08 SO, PEOPLE HAVE HAD VIRTUAL MEETINGS WITH NEIGHBORHOOD
06:48:12 OVER THE LAST SIX MONTHS OR SO.
06:48:14 >> I'LL PUT IT THIS WAY, IF I MAY.
06:48:18 WE NEED TO CLOSE ON THE PROPERTY.
06:48:21 WE WANT TO DO SOMETHING GOOD FOR THE COMMUNITY.
06:48:24 >>JOHN DINGFELDER: DON'T SELL YOUR CASE, HARRY, JUST
06:48:28 TELL ME IF YOU WOULD LIKE A CONTINUANCE, I'M SURE COUNCIL
06:48:30 WILL BE AMENABLE TO GIVE YOU THE OPPORTUNITY.
06:48:33 I'M JUST SPEAKING AS ONE COUNCIL MEMBER.
06:48:35 >> CAN YOU JUST TELL ME HOW LONG THAT WOULD BE?
06:48:37 BECAUSE IT IS TIME SENSITIVE.
06:48:38 >>JOHN DINGFELDER: I'M NOT SURE.
06:48:43 WE CAN LOOK AT A CALENDAR IF THAT'S SOMETHING YOU WANT TO
06:48:46 US LOOK AT.
06:48:46 >> PLEASE.
06:48:48 >>ORLANDO GUDES: I APPROVE THAT YOU BRING HOUSING TO THE
06:49:01 AREA, BECAUSE HOUSING IS NEEDED SIR.
06:49:05 I DO APPRECIATE.
06:49:06 THAT BUT LIKE MR. DINGFELDER SAID, WE WANT TO MAKE SURE
06:49:09 THERE'S NOT A BASIS, WE WOULD LIKE TO MAKE SURE WHEN WE
06:49:12 HAVE THESE DEVELOPMENTS COMING INTO COMMUNITIES THAT THEY
06:49:14 HAVE SPOKEN WITH THE RESIDENTS IN THOSE COMMUNITIES TO
06:49:17 HAVE A SENSE OF WHAT THE COMMUNITY'S NEEDS ARE AND WHAT
06:49:22 THEY WANT.
06:49:23 I CAN TELL YOU THAT COMMUNITY THAT YOU ARE TALKING ABOUT
06:49:25 BUILDING, THEY HAVE GOTTEN PRETTY STRONG OVER THE YEARS,
06:49:29 BECAUSE THEY HAD SOME CHALLENGES IN THAT AREA, AND THEY
06:49:33 STILL HAVE A FEW CHALLENGES.
06:49:35 IN MY MIND, I KIND OF UNDERSTAND IN MY MIND BECAUSE I
06:49:38 WORKED THAT AREA, SO I KIND OF UNDERSTAND WHAT THE
06:49:41 CHALLENGES ARE, AND WHY THEY ARE KIND OF CONCERNED.
06:49:44 AND AGAIN, WE CAN'T TELL YOU OR MAKE YOU DO ANYTHING, BUT
06:49:49 I WOULD SUGGEST THAT A CONTINUANCE TO BE ABLE TO TALK
06:49:54 WITH THOSE RESIDENTS IN THAT COMMUNITY, BECAUSE I CAN
06:49:56 TELL YOU, MR. DINGFELDER HAS A BIG PACKET, BUT I CAN TELL
06:50:00 YOU, I RECEIVED -- AND AS I LOOK IN THE AUDIENCE, I SEE
06:50:06 SOME OF THE STRONG COMMUNITY LEADERS IN THAT COMMUNITY.
06:50:09 SO I WOULD SUGGEST, AND AGAIN JUST AS A SUGGESTION, DO
06:50:13 WHAT YOU WANT, BUT THAT YOU MEET WITH THE COMMUNITY, AND
06:50:16 WE CAN GET YOU A CONTINUANCE A LITTLE BIT SO YOU CAN TALK
06:50:20 WITH THEM BEFORE THIS COMES BACK TO BE HEARD.
06:50:22 I THINK THAT WOULD BE IN YOUR BEST INTEREST, SIR.
06:50:25 >>MARTIN SHELBY: AND IF I CAN, MARTIN SHELBY, CITY
06:50:28 COUNCIL ATTORNEY.
06:50:28 JUST TO BRING THIS BACK TO CITY COUNCIL.
06:50:31 OBVIOUSLY, WHAT YOU HAVE NOT HEARD YET IS THE TESTIMONY
06:50:35 OF PEOPLE IN THE COMMUNITY.
06:50:38 AND OF COURSE WHAT YOU WOULD BE LOOKING FOR AND HEARING
06:50:41 FROM THE PEOPLE IN THE COMMUNITY GOES TO THE CRITERIA
06:50:44 THAT'S IN YOUR CODE THAT'S LISTED IN YOUR STAFF REPORT.
06:50:46 SO SPECIFICALLY 27-129, THE GENERAL STANDARDS FOR A
06:50:52 SPECIAL USE.
06:50:53 AND OBVIOUSLY WHEN THEY MEET WITH THE COMMUNITY, IT'S TO
06:50:56 ADDRESS THOSE KIND OF CONCERNS IN THE CRITERIA THAT WOULD
06:51:00 BE SOMETHING UPON WHICH YOU BASE YOUR DECISION.
06:51:03 I WANTED TO BE CLEAR.
06:51:05 >>GUIDO MANISCALCO: MR. VIERA.
06:51:07 >>LUIS VIERA: AND OBVIOUSLY APPLICANTS CAN DO WHATEVER
06:51:10 THEY WANT TO DO, BUT I JUST WANT TO STRESS THAT THE
06:51:12 DETERMINATIVE ISSUE HERE IS A VERY NARROWLY TAILORED
06:51:16 LEGAL ISSUE THAT'S A DISPOSITIVE ISSUE, IF YOU WILL, FOR
06:51:19 PURPOSES OF THIS HEARING.
06:51:21 OBVIOUSLY, DIPLOMACY IN TERMS.
06:51:25 COMMUNITY AND ALL THAT STUFF IS WONDERFUL, BUT THE ISSUES
06:51:27 BEFORE US ARE OBVIOUSLY, I THINK, MORE NARROWLY TAILORED
06:51:32 THAN THAT.
06:51:32 HOWEVER, YOU KNOW, OBVIOUSLY NO OBJECTION THERE.
06:51:36 >>MARTIN SHELBY: IF I CAN ADDRESS -- BUT AGAIN, WITH
06:51:46 SPECIAL USE IN ADDITION TO THE NARROW OPTION OR ISSUES
06:51:50 THAT NEED TO BE ADDRESSED, YOU ALSO THE GENERAL STANDARD.
06:51:53 IN 27-129, THAT NEED TO BE ADDRESSED, AND ARE A BASIS
06:51:58 UPON WHICH YOU CAN MAKE THAT DECISION.
06:52:01 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
06:52:04 MR. SHELBY IS CORRECT THAT IN ADDITION TO THESE SPECIFIC
06:52:07 CRITERIA FOR SPECIFIC SPECIAL USES THAT ARE FOUND IN
06:52:10 29-132 OF YOUR LAND DEVELOPMENT CODE, THERE ARE ALSO
06:52:16 GENERAL -- I'M SORRY, 27-132, THAT THERE ARE GENERAL
06:52:20 STANDARDS THAT ARE IN 27-129 THAT DO DEAL WITH THINGS
06:52:25 LIKE, YOU KNOW, ADVERSE IMPACTS TO THE SURROUNDING AREA
06:52:29 AND THINGS LIKE THAT, THAT DO APPLY TO EVERY SPECIAL USE
06:52:32 THAT SOMEONE CAN APPLY FOR.
06:52:33 SO THERE ARE GENERAL STANDARD AS WELL.
06:52:35 >>GUIDO MANISCALCO: ALL RIGHT.
06:52:38 >>JOHN DINGFELDER: SO WE WERE LOOKING FOR A DATE, A
06:52:41 POSSIBLE DATE FOR THIS GENTLEMAN.
06:52:43 AND I WOULD SAY, YOU KNOW, TO ADDRESS THEIR NEEDS TO
06:52:48 CLOSE SOONER THAN LATER.
06:52:52 ANYBODY HELP US?
06:52:53 >>MARTIN SHELBY: MR. DINGFELDER, WOULD YOU MIND TO HOLD
06:52:59 THIS FOR JUST A COUPLE MINUTES SO THEY CAN MOVE ONTO THE
06:53:03 NEXT ITEM?
06:53:04 THERE'S SOMETHING I NEED TO SPEAK WITH THE GENTLEMEN --
06:53:12 >>JOHN DINGFELDER: I SERVE ON THE AFFORDABLE HOUSING
06:53:14 ADVISORY COMMITTEE WITH MR. HEDGES.
06:53:17 THAT WAS ALL.
06:53:17 AND I DON'T BELIEVE THAT IT IS A CONFLICT.
06:53:20 BUT IF YOU HAVE CONCERN ABOUT IT, THAT'S FINE.
06:53:23 >>MARTIN SHELBY: NO, NO.
06:53:24 AND OF COURSE YOU HAVE NO FINANCIAL STAKE IN THIS OUTCOME
06:53:28 AND YOU HAVE A RELATIONSHIP BUT YOU CAN STILL BE FAIR AND
06:53:31 IMPARTIAL AND BASE YOUR DECISION ON THE EVIDENCE THAT YOU
06:53:33 HEAR, IS THAT CORRECT?
06:53:34 >>JOHN DINGFELDER: CORRECT.
06:53:36 >>MARTIN SHELBY: THANK YOU.
06:53:37 THAT'S ALL THAT I NEED TO HANDLE, MR. CHAIRMAN.
06:53:39 >>GUIDO MANISCALCO: IN REGARDS TO A DATE, SIR, OF A
06:53:42 POSSIBLE CONTINUANCE, SHOULD YOU GO THAT WAY?
06:53:45 >>JOHN DINGFELDER: AND WE MIGHT NEED TO VIOLATE OUR
06:53:53 OWN --
06:53:54 >>MARTIN SHELBY: IF I CAN POINT OUT, THIS IS A REVIEW
06:53:56 HEARING. THIS WOULD GO TO THE DAYTIME.
06:53:58 SO IT'S 1:30 IN THE AFTERNOON PRESENTLY IS WHAT THEY ARE
06:54:03 BEING SET FOE.
06:54:04 >> UNLESS EARLIER IS POSSIBLE.
06:54:12 >>GUIDO MANISCALCO: YES.
06:54:14 WOULD IT BE THE JANUARY MEETING AT 1:30 OR IS THAT NOT
06:54:17 ENOUGH TIME?
06:54:18 >>MARTIN SHELBY: ALTHOUGH, COUNCIL, YOU SHOULD POINT
06:54:20 OUT, CERTAINLY YOU DO HAVE THE OPTION IF COUNCIL'S
06:54:23 PLEASURE IS TO SET IT AT NIGHT, YOU DO HAVE THAT
06:54:25 OPPORTUNITY.
06:54:25 IT'S UP TO COUNCIL.
06:54:26 AND I NOTICE THERE ARE MEMBERS OF THE PUBLIC SO I DON'T
06:54:28 KNOW WHAT'S COUNCIL'S PLEASURE?
06:54:32 WE HAVE BEEN TAKING THEM IN THE EVENING.
06:54:34 AND AS WE MOVE FORWARD, FOR FUTURE CASES, THEY ARE BEING
06:54:38 SET FOR THE DAYTIME MEETING.
06:54:40 >>ORLANDO GUDES: I WOULD HAVE SOME CONCERNS OF A DAYTIME
06:54:46 MEETING, MR. SHELBY, IN REFERENCE TO THIS CASE HERE.
06:54:50 THE MAGNITUDE OF LETTERS AND E-MAILS THAT THEY SENT
06:54:54 INDICATE THOSE ARE WORKING PEOPLE DURING THE DAYTIME.
06:54:58 AND IF YOU HAVE A 1:30 MEETING --
06:55:05 >>MARTIN SHELBY: A REVIEW HEARING?
06:55:08 >>MARTIN SHELBY: I BELIEVE MS. DOCK IS OUTSIDE, TOO, IF
06:55:12 SHE CAN HELP.
06:55:13 THE FIRST NIGHTTIME MEETING WOULD BE, IT LOOKS LIKE, THE
06:55:18 21st OF JANUARY, FOUR COMP PLAN AMENDMENT AT 5:01
06:55:22 P.M.
06:55:23 FOUR REZONINGS.
06:55:25 ACTUALLY FIVE REZONINGS, I BELIEVE.
06:55:30 FOUR NEW AND ONE CONTINUED.
06:55:31 SO THERE IS ROOM ON THE 21st OF JANUARY.
06:55:33 >>GUIDO MANISCALCO: 21st OF JANUARY AT 6:00 P.M.
06:55:39 >>MARTIN SHELBY: IS THAT COUNCIL'S PLEASURE?
06:55:41 >>LUIS VIERA: IF I MAY, MR. CHAIR.
06:55:43 >>GUIDO MANISCALCO: YES, SIR.
06:55:44 >>LUIS VIERA: I WILL MOVE THE APPLICANT --
06:55:47 >>> I AM WAITING TO HEAR FROM THE APPLICANT.
06:55:49 HE HASN'T SAID ANYTHING.
06:55:49 >> OKAY.
06:55:52 I APPRECIATE THE OPPORTUNITY, AND WE WILL PLAN TO BE BACK
06:55:56 THEN.
06:55:56 >> 21st, 6 P.M.
06:56:05 >>MARTIN SHELBY: JANUARY 21, 2021, 6:00 P.M.
06:56:09 >>JOHN DINGFELDER: SO MOVED.
06:56:10 JANUARY 21, 6 P.M. AT THE PETITIONER'S REQUEST.
06:56:14 >> SECOND.
06:56:14 >>MARTIN SHELBY: JUST FOR THE PURPOSES OF THE PUBLIC
06:56:17 BEING AWARE OF IT, THEY WILL GET IN A ADDITIONAL NOTICE,
06:56:20 NOTHING IN THE MAIL, NOTHING IN REGARD TO THAT
06:56:23 CONTINUANCE SO THEY SHOULD MAKE NOTE WHEN IT'S COME BACK.
06:56:26 >>GUIDO MANISCALCO: AND WE WILL BE IN THAT ROOM.
06:56:28 JANUARY 21st AT 6:00 P.M.
06:56:30 AND THERE WILL NOT BE AN ADDITIONAL NOTICE.
06:56:33 SO JANUARY 21st AT 6:00 P.M.
06:56:38 >>JOSEPH CITRO: DOES THE PUBLIC GET A CHANCE TO SPEAK TO
06:56:42 THE CONTINUANCE ITSELF?
06:56:44 >>MARTIN SHELBY: IT DEPENDS, SIR.
06:56:45 NORMALLY THAT IS THE CASE.
06:56:47 I WILL SAY THAT WITH PEOPLE ONLINE, THAT IS KIND OF
06:56:51 RATHER UNWIELDILY AND VERY DIFFICULT.
06:56:53 IT'S ACTUALLY COUNCIL'S DECISION, AND IT WAS COUNCIL'S
06:56:56 MOTION TO BE ABLE TO -- ACTUALLY TO OFFER THAT TO THE
06:57:00 PETITIONER.
06:57:03 YOU CAN DO IT, BUT FRANKLY AT THIS POINT IN TIME, IT'S
06:57:08 COUNCIL'S DISCRETION.
06:57:10 >>JOSEPH CITRO: MR. CHAIR, MR. SHELBY, JUST A QUESTION.
06:57:13 THAT'S ALL.
06:57:13 >>MARTIN SHELBY: NO LEGAL OBLIGATION.
06:57:16 >>GUIDO MANISCALCO: WE DO HAVE TWO PEOPLE THAT I KNOW
06:57:18 ARE HERE IN PERSON FOR IT.
06:57:20 WOULD YOU LIKE TO SPEAK SINCE YOU ARE HERE?
06:57:22 CAROL OR SUSAN?
06:57:24 OR JUST WANT TO WAIT TILL THE 21st?
06:57:27 YOU ARE GOING TO HAVE AN OPPORTUNITY TO SPEAK.
06:57:28 >>GUIDO MANISCALCO: JUST ON THE CONTINUANCE.
06:57:32 >>MARTIN SHELBY: YOU JUST WANT TO BE CLEAR ON THAT IF
06:57:35 YOU CAN.
06:57:36 >>GUIDO MANISCALCO: BECAUSE THEY ARE HERE IN PERSON.
06:57:37 IT'S JUST ON THE CONTINUANCE.
06:57:38 >>MARTIN SHELBY: THE QUESTION IS WHETHER YOU WISH TO
06:57:43 OBJECT TO THE CONTINUANCE OR YOU WISH -- YOU UNDERSTAND
06:57:46 THAT THERE IS GOING TO BE A CONTINUANCE AND YOU HAVE NO
06:57:48 OBJECTION.
06:57:49 THAT'S REALLY THE ISSUE.
06:57:50 >> NOT TO SPEAK TONIGHT?
06:57:56 >>MARTIN SHELBY: NO, NOT THE SUBJECT MATTER.
06:57:59 WE ARE NOT PREPARED TO SPEAK TAINT.
06:58:01 I DON'T THINK THAT'S APPROPRIATE, UNLESS COUNCIL -- IT
06:58:05 WOULD ACTUALLY BE DIFFICULT BECAUSE DEPENDING ON WHAT
06:58:11 PETITIONER HEARS FOR THE ENTIRE CASE IS WHETHER THEY
06:58:14 WOULD BE ABLE TO RESPOND.
06:58:18 >>ORLANDO GUDES: WE ALREADY GRANTED THE CONTINUANCE.
06:58:21 >>MARTIN SHELBY: THE MOTION WAS GRANTED?
06:58:23 >>JOHN DINGFELDER: THE MOTION IS PENDING.
06:58:24 >>MARTIN SHELBY: THE MOTION IS PENDING?
06:58:27 >> MR. CHAIR, I AM REPRESENTING ONE OF THE OBJECTORS IN
06:58:31 THIS PROCEEDING.
06:58:32 AND I THINK FIRST OF ALL, THIS IS NOT A TYPICAL FIRST
06:58:35 HEARING, OKAY?
06:58:36 WE ARE AT AN APPEALS STAGE. THIS HAS BEEN PENDING.
06:58:39 THE DECISION WAS MADE MONTHS AGO.
06:58:41 AND THEN NO ONE HAS TALKED TO ANYONE.
06:58:43 THAT'S OBVIOUS.
06:58:44 BUT THE SUGGESTION I WOULD MAKE IS THAT THERE BE SOME
06:58:47 ADDITIONAL -- IF THIS APPLICANT IS ASKING THIS COUNCIL
06:58:50 FOR A CONTINUANCE, THEY SHOULD REALLY LET EVERYONE KNOW.
06:58:54 THERE'S A LOT OF PEOPLE IN THE COMMUNITY, SOME ARE
06:58:55 ONLINE, THEY HAVE BEEN TRYING TO LEARN THE NEW SYSTEM,
06:58:58 AND I THINK THERE SHOULD BE SOME EXTRA EFFORT AT
06:59:01 NOTIFYING THE PUBLIC FOR THIS HEARING.
06:59:02 AND I WOULD JUST ENCOURAGE THE APPLICANT TO AGREE TO
06:59:07 THAT, AND TO SEND NOTICE OUT TO ALL THE PEOPLE WHO SIGNED
06:59:10 UP FOR TONIGHT TELLING THEM WHEREBY THEY SHOULD BE, WHEN
06:59:12 THEY SHOULD BE THERE, AND SO FORTH ASSOCIATION WE DON'T
06:59:14 HAVE PEOPLE MISS THIS HEARING.
06:59:16 >>GUIDO MANISCALCO: OKAY.
06:59:19 MR. MECHANIK, HAVING HEARD THAT, AND WE HAVE 20 PEOPLE
06:59:24 FOR PUBLIC COMMENT HERE.
06:59:25 I MEAN, THERE ARE QUITE A FEW PEOPLE.
06:59:28 WOULD YOU BE AMENABLE TO REACHING OUT TO THE COMMUNITY
06:59:31 FROM NOW UNTIL THAT HEARING DATE AND COMMUNICATING?
06:59:37 >>DAVID MECHANIK: FOR THE RECORD, WE WOULD BE MORE THAN
06:59:39 HAPPY TO DO THAT.
06:59:40 WE WILL DIRECTLY COMMUNICATE WITH EVERY PERSON WHO HAS
06:59:44 SENT A COMMENT OR REGISTERED TO PARTICIPATE IN THIS
06:59:47 HEARING.
06:59:48 WE WILL BE HAPPY TO DO THAT.
06:59:49 >>GUIDO MANISCALCO: OKAY.
06:59:50 >>JOHN DINGFELDER: MR. CHAIRMAN, JUST FOR THE RECORD,
06:59:53 IT'S NOT GOING TO BE A FORMAL NOTICE BECAUSE DAVID WON'T
06:59:56 HAVE THEIR ADDRESSES BUT HE CAN CONTACT THE CLERK AND
06:59:58 FIND OUT PHONE NUMBERS AND THAT SORT OF THING.
07:00:03 >>DAVID MECHANIK: RIGHT.
07:00:03 OR E-MAIL ADDRESSES.
07:00:05 WE WOULD CERTAINLY DO THAT.
07:00:05 >>GUIDO MANISCALCO: OKAY.
07:00:07 YES, MA'AM.
07:00:08 >> I WOULD JUST LIKE -- IS THIS ON?
07:00:10 >>MARTIN SHELBY: YES, IT IS.
07:00:11 PLEASE STATE YOUR NAME.
07:00:12 >> MY NAME IS SUSAN MORGAN.
07:00:13 I RESIDE AT 4801 WEST NEPTUNE WAY.
07:00:17 I'M WITH GRACE POINT.
07:00:18 AS MANY OF YOU KNOW, THERE HAS BEEN A LOT OF LETTERS,
07:00:21 OVER 60 OF THEM, CLOSE TO 20 PEOPLE SIGNED UP TO SPEAK ON
07:00:25 THIS MATTER.
07:00:26 WE HAVE WORKED REALLY HARD TO UNIFY OUR NEIGHBORHOOD AND
07:00:28 TO MAKE IT BETTER FOR ALL OF THE CITIZENS IN THAT
07:00:31 NEIGHBORHOOD.
07:00:32 I UNDERSTAND THE NEED FOR THIS CONTINUANCE.
07:00:36 THIS APPLICANT HAD PLENTY OF OPPORTUNITY TO REACH OUT TO
07:00:39 US AND CHOSE NOT TO.
07:00:41 BUT I WANT TO BE VERY CLEAR.
07:00:42 WE CAN HAVE A DISCUSSION.
07:00:43 BUT THE CLEAR ISSUE BEFORE YOU TODAY, THEY DID NOT MEET
07:00:47 THE ZONING REQUIREMENTS BASED ON THE CODE SET FORTH BY
07:00:50 THE CITY OF TAMPA.
07:00:51 YOU CANNOT PUT THIS TYPE OF DEVELOPMENT, YOU CANNOT
07:00:54 SPECULATE, A WALMART, A GROCERY STORE, ANY OTHER USE
07:00:58 OTHER THAN --
07:01:01 >> I'M SORRY.
07:01:02 I'M SORRY.
07:01:03 THAT WOULD BE FOR ANOTHER TIME.
07:01:04 >> ARE WE GOING TO DISCUSS THE CITY CODE?
07:01:07 >>MARTIN SHELBY: NO.
07:01:08 WE ARE DISCUSSING TONIGHT WHETHER OR NOT YOU HAVE AN
07:01:11 OBJECTION TO THIS ITEM BEING CONTINUED FOR THE APPLICANT
07:01:15 TO BE ABLE TO ACCOMPLISH THAT WHICH COUNCIL HAS RAISED.
07:01:19 >> I UNDERSTAND.
07:01:20 AND AS A NEIGHBORHOOD, I THINK I CAN SPEAK FOR CAROL.
07:01:22 WE ARE ALWAYS OPEN TO DISCUSSION ABOUT WHAT'S BEST FOR
07:01:25 OUR NEIGHBORHOOD.
07:01:25 SO THANK YOU FOR THAT OPPORTUNITY.
07:01:27 LOOK FORWARD TO IT.
07:01:28 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:01:29 COUNCILMAN DINGFELDER?
07:01:31 >>JOHN DINGFELDER: WE ARE GOOD TO GO.
07:01:33 ON THE MOTION.
07:01:34 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN DINGFELDER TO
07:01:36 CONTINUE TO JANUARY 21st, 6:00 P.M.
07:01:39 SECOND FROM COUNCILMAN GUDES.
07:01:40 ALL IN FAVOR?
07:01:41 ALL RIGHT.
07:01:42 ANY OPPOSED?
07:01:43 GREAT.
07:01:44 THANK YOU VERY MUCH.
07:01:45 JANUARY 21st, 6:00 P.M. HERE AT TAMPA CONVENTION
07:01:47 CENTER.
07:01:50 THANK YOU VERY MUCH.
07:01:50 WE GO TO ITEM NUMBER 10.
07:01:52 ITEM NUMBER 10.
07:01:54 ITEM NUMBER 10 WILL BE HEARD IN CONJUNCTION WITH ITEM
07:01:57 NUMBER 16.
07:01:58 WE HAVE WRITTEN COMMENTS THAT HAVE BEEN MADE PUBLIC, AND
07:02:09 I SEE NO REGISTERED SPEAKERS ONLINE.
07:02:11 SO ITEM NUMBER 10.
07:02:14 >>MARTIN SHELBY: MR. CHAIRMAN, I'M SORRY.
07:02:16 MARTIN SHELBY.
07:02:17 I DON'T KNOW IF THERE'S ANYBODY PRESENT, BUT YOU CAN
07:02:19 SWEAR IN WITNESSES FOR BOTH 10 AND 16.
07:02:21 >>GUIDO MANISCALCO: IF YOU'RE HERE TO SPEAK ON ITEM 10 OR
07:02:24 16, PLEASE RAISE YOUR RIGHT HAND AND WE'LL SWEAR YOU IN.
07:02:28 [OATH ADMINISTERED]
07:02:36 >>BARBARA LYNCH: BARBARA LYNCH, LAND DEVELOPMENT
07:02:38 COORDINATION.
07:02:39 VAC-20-06 IS IN CONJUNCTION WITH REZ 20-82.
07:02:44 I HAVE A MAP ON THE ELMO.
07:02:48 THE APPLICANT IS REQUESTING TO VACATE A PART OF MITCHELL
07:02:51 STREET AND THE ALLEY LYING SOUTH OF 26th STREET, NORTH
07:02:55 OF PLYMOUTH, AND RUNS BETWEEN TALIAFERRO AND NEBRASKA.
07:03:00 THE APPLICANT'S PROPERTY IS SHOWN IN RED.
07:03:02 THE AREA TO BE VACATED IS SHOWN IN YELLOW.
07:03:05 THIS IS IN THE EAST TAMPA OVERLAY DISTRICT.
07:03:09 AND ALSO, BOTH STREETS WERE PLATTED AS DEAD ENDS.
07:03:15 THEY NEVER WENT THROUGH TO PLYMOUTH.
07:03:17 I HAVE ANOTHER MAP THAT SHOWS THAT A LITTLE MORE
07:03:21 GRAPHICALLY.
07:03:23 THE ORIGINAL SUBDIVISION PLAT ENDED HERE, AND THESE TWO
07:03:31 RIGHT-OF-WAYS WERE DEAD ENDED.
07:03:34 THEY ARE BOTH UNIMPROVED RIGHT-OF-WAYS.
07:03:35 THIS IS A WASTEWATER LINE IN THE ALLEY, AND THERE ARE
07:03:38 TECO AND SPECTRUM IN THE STREET.
07:03:41 THIS FIRST PHOTO IS A PICTURE OF MITCHELL STREET LOOKING
07:03:50 SOUTH ON 26th AVENUE TOWARDS THE DEAD END.
07:03:53 YOU CAN SEE IT'S UNIMPROVED.
07:03:54 AND THEN THIS IS ANOTHER SHOT OF THE STREET FROM ABOUT
07:03:58 MIDPOINT LOOKING TOWARD THE DEAD END.
07:04:00 THIS PHOTO IS THE ALLEYWAY LOOKING SOUTH ON 26th
07:04:06 STREET.
07:04:06 YOU CAN SEE IT'S FENCED, BUT I THINK IT'S ACTUALLY FENCED
07:04:10 BY THE PEOPLE -- NOT THE APPLICANT.
07:04:13 THEIR PROPERTY IS THE ONE WITH THE WROUGHT IRON FENCE.
07:04:15 THIS IS THE APPLICANT'S PROPERTY LOOKING SOUTH ON 26th
07:04:20 AVENUE.
07:04:20 ANOTHER ONE, IT'S QUITE LONG.
07:04:25 SO IT'S ALL UNIMPROVED VACANT PROPERTY.
07:04:27 STAFF HAS NO OBJECTIONS TO THIS VACATING REQUEST.
07:04:31 EASEMENTS ARE REQUESTED FOR UTILITIES IN THE ALLEY AND IN
07:04:35 THE STREET, AND ALSO, TRANSPORTATION AND SOLID WASTE HAVE
07:04:39 REQUESTED FIVE-YEAR REVERTER IN CASE CONSTRUCTION DOES
07:04:43 NOT BEGIN, AND THAT IS ONLY ON THE STREET.
07:04:45 IT IS NOT ON THE ALLEY.
07:04:50 >>GUIDO MANISCALCO: ALL RIGHT.
07:04:50 THANK YOU VERY MUCH.
07:04:51 NEXT UP.
07:04:56 >>RYAN MANASSE: RYAN MANASSE, DEVELOPMENT COORDINATION.
07:04:59 DID YOU WANT TO HEAR THE REZONING NOW?
07:05:02 JUST GO RIGHT INTO.
07:05:03 >>GUIDO MANISCALCO: YEAH, LET'S GO.
07:05:04 >>RYAN MANASSE: RYAN MANASSE, DEVELOPMENT COORDINATION.
07:05:07 ITEM NUMBER 16 IS FILE REZ 20-82.
07:05:10 IT'S FOR THE LOCATION 801 EAST 26th AVENUE.
07:05:13 THEY'RE REQUESTING TO REZONE FROM RS 50 TO PD, PLANNED
07:05:16 DEVELOPMENT, FOR MULTIFAMILY RESIDENTIAL.
07:05:18 I'LL DEFER TO THE PLANNING COMMISSION FOR THEIR REPORT.
07:05:20 IF YOU'D PLEASE RETURN TO ME AFTERWARDS.
07:05:23 >>GUIDO MANISCALCO: YES, SIR.
07:05:24 ALL RIGHT, GO AHEAD.
07:05:26 >> GOOD AFTERNOON, COUNCIL MEMBERS, DAVID HEY WITH YOUR
07:05:30 PLANNING COMMISSION STAFF.
07:05:31 I'VE BEEN SWORN.
07:05:32 IF I COULD SHARE MY SCREEN, PLEASE.
07:05:34 YOU SHOULD ALL BE SEEING MY PRESENTATION.
07:05:53 >>GUIDO MANISCALCO: YES, SIR.
07:05:54 >>DAVID HEY: THANK YOU.
07:05:55 THE SUBJECT SITE, THIS, AGAIN IS REZONING 20-82.
07:05:59 IT'S LOCATED WITHIN THE CENTRAL TAMPA PLANNING DISTRICT,
07:06:04 MORE SPECIFICALLY THE VM YBOR NEIGHBORHOOD.
07:06:08 IT IS ALSO LOCATED WITHIN THE EAST TAMPA URBAN VILLAGE.
07:06:12 THE CLOSEST PUBLIC RECREATION FACILITY IS BORRELL PARK,
07:06:17 WHICH IS LOCATED DIRECTLY TO THE NORTH OF THE SUBJECT
07:06:19 SITE ON THE NORTH SIDE OF EAST 26th AVENUE.
07:06:23 THE SUBJECT SITE IS WITHIN 250 FEET OF NORTH NEBRASKA
07:06:27 AVENUE, WHICH IS RECOGNIZED IN THE COMPREHENSIVE PLAN AS
07:06:30 A TRANSIT EMPHASIS CORRIDOR, AND THE SITE IS NOT WITHIN
07:06:34 AN EVACUATION ZONE.
07:06:35 HERE WE HAVE THE AERIAL OF THE SUBJECT SITE.
07:06:41 YOU'VE GOT EAST 26th AVENUE TO THE NORTH.
07:06:44 HERE'S NEBRASKA TO THE EAST, AND THEN YOU'VE GOT
07:06:49 INTERSTATE 275 FURTHER TO THE WEST.
07:06:52 THE SURROUNDING AREA DOES CONTAIN A MIXTURE OF USES.
07:06:55 THE SITE IS SURROUNDED BY PUBLIC, SEMI-PUBLIC USES TO THE
07:06:59 NORTH, EAST, AND WEST.
07:07:02 THERE ARE SOME SINGLE-FAMILY DETACHED RESIDENCES TO THE
07:07:04 WEST OF THE SUBJECT SITE ON EAST 26th AVENUE, INCLUDING
07:07:09 FRONT DOORS FACING THE SIDEWALK.
07:07:14 THE SUBJECT SITE IS WITHIN 250 FEET OF NORTH NEBRASKA
07:07:19 AVENUE, A TRANSIT EMPHASIS AND MIXED USE CORRIDOR
07:07:22 CONTAINING PREDOMINANTLY COMMERCIAL USES AND SOME ARE
07:07:27 SCATTERED VACANT LOTS.
07:07:28 HERE WE HAVE THE ADOPTED FUTURE LAND USE MAP.
07:07:33 YOU CAN SEE THE VAST MAJORITY OF THE SITE IS THE
07:07:38 RESIDENTIAL 35.
07:07:44 ACTUALLY, EXCUSE ME, THE RESIDENTIAL 20.
07:07:48 JUST TO THE EAST IS THE COMMUNITY MIXED USE-35.
07:07:53 WE'VE GOT THE GREEN REPRESENTING RECREATION OPEN SPACE
07:08:05 AND THEN THERE'S SOME RESIDENTIAL 10 FURTHER TO THE NORTH
07:08:08 AND NORTHEAST.
07:08:09 THE PROPOSED PLANNED DEVELOPMENT DOES SUPPORT SEVERAL
07:08:16 COMPREHENSIVE PLAN POLICIES.
07:08:17 PROPOSED MULTIFAMILY DEVELOPMENT IS ORIENTED TOWARD
07:08:21 26th AVENUE WITH ONE VEHICULAR ENTRANCE ON THE NORTHERN
07:08:28 PORTION OF THE SITE OFF EAST 26th AVENUE.
07:08:30 THE TOWNHOMES FRONTING EAST 26th AVENUE INCLUDE FRONT
07:08:35 DOORS FACING THE SIDEWALK WHICH WILL PROVIDE PEDESTRIAN
07:08:37 ACCESS TO THE PUBLIC RIGHT-OF-WAY AND A SAFE PATHWAY TO
07:08:42 THE AMENITIES LOCATED WITHIN THIS PORTION OF THE EAST
07:08:44 TAMPA URBAN VILLAGE.
07:08:45 THE COMPREHENSIVE PLAN DOES PROMOTE A DEVELOPMENT PATTERN
07:08:50 CONSISTENT WITH THE COMPACT CITY FORM WHICH ENCOURAGES
07:08:52 INFILL DEVELOPMENT WITHIN PROXIMITY TO TRANSIT AND
07:08:56 EMPLOYMENT SERVICES, ENCOURAGES THE CITY TO DIRECT THE
07:08:59 GREATEST SHARE OF GROWTH TO URBAN VILLAGES, WHICH THIS IS
07:09:01 ONE.
07:09:02 PROPOSED PD WILL FURTHER THESE POLICIES.
07:09:04 THE COMPREHENSIVE PLAN ALSO SEEKS TO PROMOTE A
07:09:07 HIGH-QUALITY DEVELOPMENT PATTERN WITHIN THE URBAN
07:09:09 VILLAGES AND ALONG THE MIXED USE CORRIDORS.
07:09:12 THE HIGH QUALITY DEVELOPMENT PATTERN CAN BE ACHIEVED
07:09:16 THROUGH A MIX OF USES IN THE NEIGHBORHOOD TO PROMOTE
07:09:18 WALKING AND TRANSIT, BY ORIENTING THE MULTIFAMILY UNITS
07:09:22 TOWARD EAST 26th AVENUE AND PROVIDING A 50 -- 55-FOOT
07:09:27 BUILDING SETBACK FROM THE SOUTHERN PROPERTY LINE AND
07:09:29 LANDSCAPE BUFFERING ALONG THE SOUTHERN PROPERTY LINE.
07:09:32 PROPOSED PLAN DEVELOPMENT DESIGN PROTECTS THE
07:09:34 SINGLE-FAMILY RESIDENCES TO THE SOUTH OF THE SUBJECT SITE
07:09:37 ON EAST PLYMOUTH.
07:09:39 IN CONCLUSION, THE PROPOSED PLANNED DEVELOPMENT WOULD
07:09:41 PROVIDE A DEVELOPMENT PATTERN THAT IS COMPARABLE AND
07:09:44 COMPATIBLE WITH THE EXISTING DEVELOPMENT PATTERN WHILE
07:09:47 ALSO BEING CONSISTENT WITH THE LONG-TERM DEVELOPMENT
07:09:50 PATTERN ANTICIPATED UNDER THE RESIDENTIAL 20 AND
07:09:54 COMMUNITY MIXED USE 35 FUTURE LAND USE CATEGORY.
07:09:57 AND BASED ON THAT, YOUR PLANNING COMMISSION STAFF
07:10:01 RECOMMENDS TO YOU THIS EVENING THAT THE PROPOSED PLAN
07:10:04 DEVELOPMENT BE FOUND CONSISTENT WITH THE PROVISIONS OF
07:10:06 THE IMAGINE 2040 TAMPA COMPREHENSIVE PLAN.
07:10:09 THANK YOU.
07:10:09 I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
07:10:11 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:10:11 ANY QUESTIONS?
07:10:12 HEARING NONE.
07:10:16 >>RYAN MANASSE: RYAN MANASSE, DEVELOPMENT COORDINATION.
07:10:18 A FEW POINTS TO POINT OUT BEFORE I GO INTO MY STAFF
07:10:21 REPORT.
07:10:22 THERE IS A REVISED SHEET.
07:10:26 TWO BEING MINOR MODIFICATIONS.
07:10:27 ONE TO THE WAIVER THAT IS LISTED IN THE STAFF REPORT,
07:10:30 BULLET ITEM NUMBER 3 UNDER DEVELOPMENT COORDINATION.
07:10:32 AND WAIVER NUMBER TWO SHOULD NOW READ ONE NON-HAZARDOUS
07:10:35 OAK TREE, NOT TWO NON-HAZARDOUS OAK TREES.
07:10:40 THERE IS -- I HAVE TALKED TO THE AGENT AND WE'RE ALL IN
07:10:43 AGREEANCE WITH THESE CHANGES.
07:10:44 SO I JUST WANT TO POINT THEM OUT.
07:10:46 I CAN TURN THIS INTO THE CITY CLERK SO THEY HAVE A RECORD
07:10:49 OF IT AS WELL.
07:10:50 RYAN MANASSE, DEVELOPMENT COORDINATION.
07:10:55 AGAIN, ITEM 16, FILE REZ 20-82, THE APPLICANT IS
07:10:59 PROPOSING TO REZONE THE PROPERTY.
07:11:01 MY APOLOGIES FOR THE 901 THROUGHOUT THE REPORT.
07:11:04 IT'S ACTUALLY 801.
07:11:05 SO 801 EAST 26th AVENUE FROM RESIDENTIAL SINGLE-FAMILY
07:11:08 RS 50 TO PLANNED DEVELOPMENT PD TO ALLOW FOR MULTIFAMILY
07:11:11 -- RESIDENTIAL MULTIFAMILY DEVELOPMENT.
07:11:13 THE PROPERTY CURRENTLY IS VACANT, AND THE 1.33-ACRE
07:11:17 PROPERTY IS LOCATED TO THE SOUTH SIDE OF EAST 26th
07:11:19 AVENUE, WEST OF NORTH NEBRASKA AVENUE AND EAST OF NORTH
07:11:22 TALIAFERRO AVENUE.
07:11:24 THE SITE IS LOCATED IN THE EAST TAMPA OVERLAY AND MUST
07:11:26 COMPLY WITH THE EAST TAMPA OVERLAY DISTRICT DEVELOPMENT
07:11:28 STANDARDS AT THE TIME OF PERMITTING.
07:11:30 THE APPLICANT PROPOSES TO CONSTRUCT NINE TWO-STORY
07:11:35 BUILDINGS.
07:11:35 AND THERE WAS ANOTHER CORRECTION IN THE STAFF REPORT.
07:11:37 FIVE BUILDINGS CONTAINING FOUR UNITS AND FOUR BUILDINGS
07:11:41 CONTAINING TWO UNITS.
07:11:42 THE BUILDING PLACEMENT IS PROPOSED ALONG THE WEST AND
07:11:45 EAST SIDES OF THE SITE WITH SURFACE PARKING LOCATED AT
07:11:47 THE CENTER.
07:11:48 THE PROJECT HAS ONE VEHICULAR ACCESS POINT, WHICH IS
07:11:51 LOCATED ON EAST 26th AVENUE.
07:11:53 THE PROJECT IS DESIGNATED WITH BUILDING FRONT ENTRY
07:11:57 ORIENTATED INTERNAL TO THE SITE AND PROVIDES PEDESTRIAN
07:12:00 CONNECTIONS TO THE ADJACENT SIDEWALKS.
07:12:02 THE SUBJECT SITE IS SURROUNDED BY COMMERCIAL USES TO THE
07:12:05 EAST AND COMMERCIAL GENERAL CD ZONING DISTRICT.
07:12:08 AND BORRELL PARK TO THE NORTH IN CG AND RS 50 ZONING
07:12:11 DISTRICTS.
07:12:12 SINGLE-FAMILY DETACHED RESIDENTIAL USES TO THE WEST AND
07:12:14 SOUTH IN THE RS 50 ZONING DISTRICT.
07:12:17 THE PD SETBACKS -- SETBACKS REQUESTED ARE AS FOLLOWS:
07:12:21 NORTH 20 FEET.
07:12:22 SOUTH 5 FEET.
07:12:23 WEST 5 FEET.
07:12:23 AND EAST 10 FEET.
07:12:25 THE MAXIMUM BUILDING HEIGHT IS PROPOSED AT 35 FEET, AND
07:12:28 THE TOTAL PARKING REQUIRED IS 53 SPACES AND THE APPLICANT
07:12:32 IS PROVIDING THE 53 SPACES.
07:12:35 IN YOUR STAFF REPORT, YOU'LL HAVE SECTIONS 27-136 FOR THE
07:12:41 PURPOSE WITH STAFF GUIDANCE ALONG THERE AS WELL AS ITEM
07:12:45 NUMBER 5, WHICH IS SECTION 27-139-4 FOR THE WAIVERS.
07:12:49 THERE WERE NO HISTORIC LANDMARK STRUCTURES WITHIN A
07:12:52 THOUSAND FEET OF THE SUBJECT SITE.
07:12:54 THERE ARE SOME MINOR SITE PLAN MODIFICATIONS NEEDED
07:12:57 BETWEEN FIRST AND SECOND READING FROM DEVELOPMENT
07:12:59 COORDINATION, NATURAL RESOURCES, AS WELL AS NATURAL
07:13:03 RESOURCES AND URBAN DESIGN DID FIND IT INCONSISTENT.
07:13:10 LET ME SHOW YOU THE SITE ITSELF AS I EXPLAINED IT.
07:13:13 THE NINE BUILDINGS -- SO YOU HAVE THE ONE, TWO, THREE,
07:13:17 FOUR, FIVE, THEN SIX, SEVEN, EIGHT, NINE, THE ACCESS
07:13:21 RIGHT HERE.
07:13:21 AND I KNOW YOU SAW BARBARA'S MAP, BUT I'LL THROW IT UP
07:13:28 AGAIN JUST SO WE HAVE THE ORIENTATION.
07:13:30 NORTH NEBRASKA AVENUE.
07:13:32 AND THERE IS THE TALIAFERRO AND SUBJECT SITE OUTLINED IN
07:13:35 THE RED.
07:13:36 THEN THERE'S SOME SITE PHOTOS.
07:13:41 EAST OF THE SITE.
07:13:43 AGAIN, EAST OF THE SITE.
07:13:45 THIS IS THE VIEW LOOKING ALONG 26th AVENUE.
07:13:48 THIS IS THE SITE ON 26th LOOKING SOUTH.
07:13:54 THE SITE AGAIN ITSELF.
07:13:57 THE SITE.
07:13:58 THE SITE.
07:14:02 THIS IS WEST OF THE SITE.
07:14:04 SO YOU CAN SEE RESIDENTIAL SINGLE-FAMILY.
07:14:06 NORTH.
07:14:09 NORTH OF THE SITE.
07:14:13 SOUTH.
07:14:16 SOUTH.
07:14:17 AND SOUTH.
07:14:19 THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF, WE HAVE
07:14:28 REVIEWED THE APPLICATION.
07:14:29 WE DO FIND IT INCONSISTENT WITH THE CITY OF TAMPA LAND
07:14:31 DEVELOPMENT CODE.
07:14:32 PLEASE REFER TO THE URBAN DESIGN COMMENTS RELATING TO THE
07:14:35 BUILDING FRONT ORIENTATION AND NATURAL RESOURCES
07:14:38 REGARDING THE TREE RETENTION WAIVER.
07:14:40 THERE IS THE GRAND TREE EVALUATION LOCATED IN YOUR STAFF
07:14:43 REPORT AS WELL.
07:14:44 IN THE EVENT CITY COUNCIL DOES APPROVE THIS REQUEST AND
07:14:46 THE WAIVERS AS LISTED IN THE STAFF REPORT AND ON THE
07:14:49 REVISED REVISION SHEET TURNED IN TONIGHT, THOSE BELOW
07:14:53 CHANGES WOULD BE NEEDED BETWEEN FIRST AND SECOND READING
07:14:55 OF THE ORDINANCE.
07:14:56 AND STAFF IS AVAILABLE FOR ANY QUESTIONS THAT YOU MAY
07:14:59 HAVE.
07:14:59 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
07:15:01 TIME?
07:15:02 COUNCILMAN DINGFELDER.
07:15:03 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
07:15:04 DO WE HAVE NATURAL RESOURCES?
07:15:08 >>RYAN MANASSE: YES, SIR.
07:15:09 >>JOHN DINGFELDER: BILL OVER THERE.
07:15:10 THIS LOOKS LIKE A PRETTY HEAVILY TREED PROPERTY, FROM
07:15:19 WHAT I'M READING, THEY ARE LOOKING TO REMOVE EVERY TREE
07:15:23 WITHIN THE FOUR CORNERS OF THE PROJECT.
07:15:27 SO SPEAK TO US ABOUT THAT AND ESPECIALLY THE GRAND TREES
07:15:30 THAT ARE BEING REMOVED, AND IF THERE'S ANY OPPORTUNITY TO
07:15:35 SAVE ANY OF THEM IN YOUR MIND.
07:15:37 THE OTHER QUESTION I HAVE IS IN THE REQUEST TO VACATE
07:15:41 ALONG THE WEST SIDE, IT SHOWS -- I DON'T KNOW, 15,
07:15:46 PROBABLY 20 TREES THERE OF VARIOUS SIZES, ET CETERA.
07:15:50 I'M NOT SURE IF THEY ARE ALSO REQUESTING TO REMOVE THOSE
07:15:58 AS WELL.
07:16:00 >> BILL BORS, NATURAL RESOURCES.
07:16:02 I'M VERY HAPPY YOU ASKED THAT QUESTION.
07:16:04 BECAUSE WHEN YOU LOOK AT THE AERIAL, THERE IS A LOT OF
07:16:07 CANOPY SHOWING.
07:16:08 I CAN TELL YOU THAT I WAS ON-SITE -- I'M A CERTIFIED
07:16:12 ARBORIST AND I WAS ON-SITE WITH THE APPLICANT, BROUGHT
07:16:15 TWO CERTIFIED ARBORISTS FOR THEIR SIDE.
07:16:18 THE FIRST THING WE LOOKED AT WAS EVERY SINGLE GRAND TREE
07:16:22 ON THAT SITE.
07:16:23 THERE WERE NINE LAUREL OAKS AND THREE CAMPERS.
07:16:27 CAMPERS CAN COME DOWN WITHOUT ANY SPECIAL PERMISSION
07:16:31 BECAUSE IT'S AN INVASIVE KEY.
07:16:33 YOU CAN KEEP IT, BUT IT CAN COME DOWN.
07:16:35 THE LAUREL OAKS, THEY WERE IN VERY POOR CONDITION.
07:16:43 THERE WAS A LOT OF BRANCH BLOW-DOWN ON THE GROUND.
07:16:46 THERE WAS A LOT OF DECAY.
07:16:47 THERE WAS POOR STRUCTURE.
07:16:49 THERE WERE BASAL CODONS WHICH MEANS CODOMINANT LEADERS.
07:16:55 AND IT WOULD HAVE BEEN VERY IRRESPONSIBLE TO LEAVE THOSE
07:16:58 TREES WHEN THE PLAN IS FOR PEOPLE TO CIRCULATE ON THE
07:17:04 SITE AND BUILDINGS BEING BUILT.
07:17:06 MUCH, MUCH BETTER OFF IF WE HAVE THOSE TREES REMOVED AND
07:17:10 START A NEW-AGE CLASS OF TREES.
07:17:13 MITIGATION IS EIGHT TREES FOR EVERY TREE REMOVED.
07:17:17 MUCH MORE SUSTAINABLE FOR THE LONG TERM WITH NEW TREES
07:17:21 THAN RETAINING THESE OLD RELICS THAT WERE NEVER
07:17:24 MAINTAINED.
07:17:25 THEY ARE SUBORDINATE TO ONE ANOTHER.
07:17:27 THEY ARE ON CLOSE SPACING.
07:17:28 AND WE'RE NOT REALLY LOSING ANYTHING.
07:17:32 WE'RE LOSING CANOPY THAT'S BREAKING APART AS WE'RE
07:17:37 LOOKING AT IT.
07:17:38 THE APPLICANT ON OTHER SIZE TREES, THEY WERE SAVING JUST
07:17:45 UNDER 50% OF THE GOOD TREES.
07:17:46 THEY WERE SAVING PERHAPS ABOUT 46%.
07:17:49 SO THEY HAD TO PUT A WAIVER ON THE PLAN TO SAVE LESS THAN
07:17:53 50% OF THE TREES.
07:17:54 BUT THEY MADE AN EFFORT.
07:17:56 THEY SHIFTED THE DEVELOPMENT AROUND SEVERAL DIFFERENT
07:17:58 TIMES TO CREATE ADDITIONAL GREENSPACE TO SAVE THE GOOD
07:18:03 TREES, THE SMALLER TREES, THE TREES THAT COULD BE TURNED
07:18:08 INTO LONG-TERM SUSTAINABLE TREES.
07:18:10 SO WE WENT THROUGH THE SITE VERY CAREFULLY AND
07:18:15 METHODICALLY, KNOWING THAT YOU WOULD ASK ABOUT IT.
07:18:18 AGAIN, IT'S IRRESPONSIBLE TO LEAVE TREES, LAUREL OAKS,
07:18:26 THAT ARE KNOWN TO BREAK APART, SUBORDINATE, PARTIAL
07:18:29 CANOPIES, POOR STRUCTURE.
07:18:31 >>JOHN DINGFELDER: HOW ABOUT ON THE WEST SIDE, BILL?
07:18:34 IT LOOKS LIKE 76 THROUGH 95.
07:18:40 OR SHOULD I JUST ASK THE PETITIONER?
07:18:45 >> ASK THE PETITIONER, BECAUSE THEY DID MOVE THE SITE
07:18:47 AROUND SEVERAL TIMES TO SAVE ADDITIONAL TREES.
07:18:49 IT WOULD BE A GOOD QUESTION FOR THEM.
07:18:51 >>JOHN DINGFELDER: THANK YOU.
07:18:58 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:18:59 GO AHEAD, SIR.
07:19:00 >> GOOD EVENING, MR. CHAIRMAN, COUNCIL MEMBERS.
07:19:02 DAVID MECHANIK, 305 SOUTH BOULEVARD, TAMPA, FLORIDA.
07:19:06 OUR ARBORIST IS HERE THIS EVENING, BUT PERHAPS WE WOULD
07:19:12 GO THROUGH THE PRESENTATION AND THEN YOU COULD ASK ALL
07:19:18 THE QUESTIONS YOU'D LIKE AT THIS POINT.
07:19:20 I'M HERE ON BEHALF OF BAYCREST DEVELOPMENT, THE OWNER,
07:19:25 APPLICANT AND DEVELOPER.
07:19:29 WITH ME THIS EVENING IS MY CLIENT, MENACHEM RAPPAPORT,
07:19:41 MANAGING MEMBER OF BAYCREST.
07:19:42 I'LL ANSWER ANOTHER QUESTION, MR. RAPPAPORT HAS ENGAGED
07:19:46 IN EXHAUSTIVE OUTREACH IN THE NEIGHBORHOOD WITH BOTH
07:19:48 ASSOCIATIONS FOR OVER THE PAST SIX MONTHS.
07:19:52 I'VE NEVER HAD A CLIENT WHO WENT TO THESE EFFORTS.
07:19:56 AND HE IS TO BE COMMENDED FOR THAT.
07:19:58 ALSO WITH ME THIS EVENING IS SUSAN SWIFT, AICP OF MASER
07:20:05 CONSULTING, AND SHE IS THE PLANNER ON THIS DEVELOPMENT.
07:20:08 AS MENTIONED, LORI BALLARD OF E SCIENCES, WHO IS A
07:20:14 CERTIFIED ARBORIST, AND SHE'LL BE AVAILABLE TO ANSWER
07:20:19 WHATEVER QUESTIONS YOU HAVE.
07:20:20 I'D LIKE -- AND WE'VE INTRODUCED A NUMBER OF DOCUMENTS IN
07:20:24 THE RECORD.
07:20:24 I'LL JUST MENTION THAT WE HAVE FIVE LETTERS IN SUPPORT OF
07:20:28 THE PROJECT, AND I WON'T GO THROUGH THE ENTIRE LIST, BUT
07:20:33 THEY INCLUDE PROPERTY OWNERS, RESIDENTIAL PROPERTY
07:20:37 OWNERS, BUSINESS PROPERTY OWNERS, AND THE SPOKESMAN FOR
07:20:41 THE YBOR HEIGHTS NEIGHBORHOOD ASSOCIATION SAYS SHE
07:20:47 EXPRESSES THE ASSOCIATION'S FULL SUPPORT FOR THIS
07:20:51 PROJECT, AND WE APPRECIATE THEIR WILLINGNESS TO INDICATE
07:20:56 THAT.
07:20:57 AS INDICATED, WE HAVE A VACATING PETITION ALONG WITH THE
07:21:03 REZONING, AND WE JUST WANTED TO SHOW A COUPLE OF
07:21:05 PHOTOGRAPHS OF BOTH MITCHELL STREET AS WELL AS THE ALLEY.
07:21:13 AND YOU CAN SEE PRETTY CLEARLY THAT THE RIGHTS-OF-WAY ARE
07:21:19 NOT BEING USED AND ARE, IN FACT, NOT BEING MAINTAINED,
07:21:24 AND THERE'S A LOT OF OVERGROWTH AND TRASH AND DEBRIS IN
07:21:30 THOSE AREAS, SO WE WOULD BE HOPEFUL THAT IF YOU APPROVE
07:21:33 THE PROJECT AND THE VACATING PETITION THAT ALL OF THAT
07:21:37 WOULD BE CLEANED UP AND IT WOULD BE A MUCH MORE PLEASANT
07:21:41 ENVIRONMENT.
07:21:41 I'D LIKE TO STATE FOR THE RECORD THAT WE AGREE WITH THE
07:21:49 COMMENTS IN THE STAFF REPORT AND HAVE AGREED WE WILL MAKE
07:21:53 ALL OF THE CHANGES THAT ARE REQUIRED.
07:21:59 I WOULD JUST LIKE TO NOTE THAT EVEN THOUGH THE STAFF
07:22:03 REPORT INDICATES INCONSISTENT, IT'S ONLY CONSISTENT AS TO
07:22:07 TWO ITEMS, WHICH WE WILL BE CORRECTING AS PART OF THE
07:22:12 REVISED SITE PLAN.
07:22:14 AND ONCE THAT IS ACCOMPLISHED, THEN THE PROJECT WOULD BE
07:22:17 CONSISTENT WITH THE LAND DEVELOPMENT CODE.
07:22:21 AT THIS TIME, I'D LIKE TO ASK SUSAN SWIFT TO GIVE YOU AN
07:22:27 OVERVIEW OF THE PROJECT, AND TO DISCUSS THE WAIVERS IN
07:22:31 MORE DETAIL.
07:22:33 THANK YOU.
07:22:40 >> GOOD EVENING.
07:22:41 MY NAME IS SUSAN SWIFT.
07:22:43 I'M THE DISCIPLINE LEADER FOR PLANNING SERVICES FOR MASER
07:22:47 CONSULTING.
07:22:48 OUR ADDRESS IS 5471 WEST WATERS AVENUE, SUITE 100, TAMPA,
07:22:57 FLORIDA.
07:22:57 FIRST, I WOULD LIKE TO SAY THAT THIS IS A PERFECT
07:23:06 LOCATION FOR MULTIFAMILY UNITS IN EAST TAMPA.
07:23:14 AS I GUESS I WISH WE COULD TAKE THE PLANNING COMMISSION'S
07:23:19 REPORT AND I THINK WE COULD CHECK OFF EVERY ATTRIBUTE
07:23:25 THAT HE MENTIONED AS BEING GOOD INFILL FOR THIS KIND OF
07:23:32 AREA.
07:23:33 IT IS, AS YOU SAW BETWEEN THE INTERSTATE AND NEBRASKA, IT
07:23:39 HAS EXCELLENT AUTO ACCESS FOR COMMUTERS.
07:23:44 IT HAS COMMERCIAL IN THE AREA WITHIN WALKING DISTANCE.
07:23:51 IT'S IN THE EAST TAMPA CRA, AND IT'S ALSO EXCELLENT
07:23:57 TRANSIT ORIENTED.
07:23:59 SO THIS IS REALLY TRANSIT ORIENTED DEVELOPMENT IN A VERY
07:24:02 APPROPRIATE LOCATION.
07:24:03 IT'S ON THE METRO RAPID EXPRESS BUS ROUTE.
07:24:07 IT'S ON ROUTE 6.
07:24:09 IT GETS BUS SERVICE ROUTE 6.
07:24:11 AND IT'S IN A TRANSIT EMPHASIS CORRIDOR.
07:24:13 IT'S ALSO ACROSS FROM A CITY PARK, PERFECT LOCATION.
07:24:21 TO THE EAST, I HAVE A LITTLE BIT OF A BETTER -- TO THE
07:24:37 EAST FRONTING NEBRASKA IS A DAY CARE CENTER.
07:24:39 TO THE WEST, THERE IS ONE SINGLE-FAMILY HOUSE ON THE
07:24:41 CORNER OF 26th AND TALIAFERRO THAT'S RIGHT ACROSS FROM
07:24:44 THE INTERSTATE.
07:24:50 AND TO THE SOUTH ON PLYMOUTH AVENUE, ABUT FOUR
07:24:54 SINGLE-FAMILY HOMES.
07:24:55 AND ACROSS THE STREET IS BORRELL PARK.
07:24:58 ASSUMING YOU APPROVE THE VACATINGS, THE SITE IS 1.61
07:25:05 ACRES.
07:25:06 BOTH THE ALLEY, AS YOU HEARD FROM MS. LYNCH, BOTH THE
07:25:10 ALLEY AND THE MITCHELL AVENUE RIGHT-OF-WAY DEAD END INTO
07:25:14 NOTHING, SO THEY ARE NOT GOOD FOR VEHICULAR ACCESS OR
07:25:19 CIRCULATION AT ALL OR LOADING OF ANY KIND.
07:25:25 MITCHELL IS UNIMPROVED.
07:25:26 THE ALLEY, AS YOU SAW, IS FENCED OFF, AND THE ALLEY IS
07:25:29 ACTUALLY ONLY 15 FEET WIDE, WHICH REALLY IS NOT ADEQUATE
07:25:34 THESE DAYS FOR SERVICE VEHICLES ANYWAY.
07:25:39 AS YOU HEARD -- HOPEFULLY THIS IS QUITE DIFFERENT FROM
07:25:55 THE EARLIER PHOTOS YOU SAW.
07:25:58 THE PROJECT HAS 28 UNITS AND 9 BUILDINGS.
07:26:03 AS RYAN DESCRIBED, FOUR BUILDINGS ON THE EAST ARE TOWN
07:26:07 HOUSE STYLE AND THERE ARE TWO TOWN HOUSES IN EACH
07:26:09 BUILDING.
07:26:10 AND THE OTHER FIVE BUILDINGS ON THE WEST SIDE ARE FLATS,
07:26:15 SO THERE ARE FOUR FLATS IN EACH OF THOSE BUILDINGS ON THE
07:26:19 WEST SIDE.
07:26:20 ALL THE UNITS HAVE EITHER PATIOS OR BALCONIES OR BOTH.
07:26:26 THEY HAVE LIGHT AND AIR.
07:26:28 WINDOWS ON ALL THREE SIDES.
07:26:30 YOU OFTEN SEE PROJECTS DESIGNED WITH THE SMALL NUMBER OF
07:26:36 UNITS.
07:26:36 THEY'LL DESIGN THEM JUST MOTEL STYLE WHERE IT'S A COMMON
07:26:40 WALKWAY.
07:26:41 MR. RAPPAPORT HAS GONE TO GREAT LENGTHS TO MAKE THIS A
07:26:46 NICE LIVABLE NEIGHBORHOOD AND HAVE THE UNITS ALL HAVE
07:26:51 SECURE ENTRIES.
07:26:55 THEIR OWN ENTRIES AND WINDOWS ON THREE SIDES AND OUTDOOR
07:26:59 PRIVATE SPACES.
07:27:00 THERE'S ALSO A PARKLET, AS PLANNERS NOW CALL THOSE, WITH
07:27:07 BENCHES THAT IS CENTRAL TO THE PROJECT BETWEEN THE SECOND
07:27:11 AND THIRD BUILDINGS ON THE EAST SIDE.
07:27:14 AS YOU HEARD, WE COMPLY WITH PARKING.
07:27:16 WE WILL, OF COURSE, COMPLY WITH LANDSCAPING AND
07:27:19 STORMWATER MANAGEMENT REQUIREMENTS AND REGULATIONS OF THE
07:27:23 CITY WHEN WE GET TO DETAIL DESIGN.
07:27:26 AS THE STAFF REPORTED, IT IS CONSISTENT WITH THE
07:27:33 COMPREHENSIVE PLAN.
07:27:34 THE EAST TAMPA OVERLAY WITH THE EXCEPTION -- AND THE LAND
07:27:38 DEVELOPMENT REGULATIONS WITH THE EXCEPTION OF THE WAIVERS
07:27:42 WE'RE REQUESTING.
07:27:42 AND I'LL COVER THOSE IN A MINUTE.
07:27:44 MOST IMPORTANT, WE AGREE WITH THE STAFF THAT IT IS --
07:27:52 THIS USE IS CONSISTENT WITH THE SURROUNDING AREA AND
07:27:55 NEIGHBORS.
07:27:58 AS TO OPEN SPACE THIS EXCEEDS THE SITE PLAN, EXCEEDS THE
07:28:03 OPEN SPACE BY 33%.
07:28:12 AND EXCEEDS ALL OF THE SETBACK REQUIREMENTS.
07:28:21 IN THE FRONT, THERE'S 23 FEET FROM 26th.
07:28:25 IN THE REAR, TO THE SINGLE-FAMILY HOUSES ON PLYMOUTH,
07:28:29 THERE'S A DISTANCE OF 55 FEET FROM THE BUILDING, THE
07:28:34 CLOSEST BUILDING TO THE PROPERTY LINE.
07:28:36 ON THE EAST, THERE'S 25 FEET, AND TO THE WEST, THERE'S 9
07:28:41 FEET PLUS HALF OF THE VACATED RIGHT-OF-WAY, WHICH WILL BE
07:28:46 ANOTHER 30 FEET.
07:28:48 AS TO THE WAIVERS THAT WE'RE REQUESTING, THE FIRST
07:28:54 WAIVER, WHICH WAS THE CITATION FOR THE INCONSISTENCY, THE
07:29:00 EAST TAMPA DESIGN GUIDELINES CALLS FOR BUILDING FRONTS OF
07:29:06 ALL NEW RESIDENTIAL STRUCTURES BE ORIENTED TOWARD THE
07:29:10 STREET.
07:29:10 THIS SITE IS SO NARROW AND DEEP THAT THAT REALLY WASN'T
07:29:15 POSSIBLE UNLESS WE JUST PUT FOUR SINGLE-FAMILY HOMES ON
07:29:19 THERE.
07:29:19 SO IT WOULD NOT UTILIZE THE MAJORITY OF THIS SITE.
07:29:26 IT ALSO -- THE CODE ALSO SAYS A WAIVER IS POSSIBLE IF
07:29:32 THERE'S NOT A PREDOMINANT -- IF THIS DOESN'T CONFLICT
07:29:37 WITH THE PREDOMINANT STREET FACE OR STYLE OF -- NOT STYLE
07:29:44 -- THE FACADES FACING THIS STREET.
07:29:47 AND IN THIS CASE, THERE'S ONLY ONE SINGLE-FAMILY HOUSE,
07:29:50 WHICH IS ON THE OTHER SIDE OF THE MITCHELL RIGHT-OF-WAY,
07:29:52 THAT DOES FACE 26th.
07:29:55 IT'S ON THE CORNER OF 26th AND TALIAFERRO.
07:29:58 AND THERE ARE NO OTHER BUILDINGS, BECAUSE THERE'S A PARK
07:30:02 ON THE OTHER SIDE TO THE NORTH.
07:30:03 THE ONLY OTHER BUILDING IS THE DAY CARE CENTER THAT IS ON
07:30:06 THE CORNER OF NEBRASKA AND 26th.
07:30:08 AND IT ACTUALLY FACES NEBRASKA AVENUE.
07:30:14 SO WE RESPECTFULLY REQUEST THAT YOU APPROVE THAT WAIVER.
07:30:20 IF WE WERE GOING TO FACE ALL THE BUILDINGS, WHICH IS
07:30:25 TECHNICALLY WHAT THAT REQUIREMENT SAYS, IT WOULDN'T ALLOW
07:30:29 US TO USE THE PROPERTY EXCEPT FOR A FEW SINGLE-FAMILY
07:30:32 HOMES AND EVEN FACING ADDITIONAL BUILDINGS JUST WOULD NOT
07:30:36 -- YOU HAD TO GET INTO THE SITE.
07:30:38 SO IT'S JUST NOT PHYSICALLY PRACTICAL ON THIS PARTICULAR
07:30:42 SITE BECAUSE IT'S SO NARROW AND DEEP.
07:30:44 THE SECOND WAIVER IS THE BUFFER.
07:30:52 THE BUFFER FOR THIS SITE WOULD NORMALLY REQUIRE A MASONRY
07:30:59 WALL.
07:31:01 WE'RE REQUESTING TO BE ALLOWED, WHICH THE CODE DOES
07:31:03 ALLOW, A SIX-FOOT PVC FENCE, AND WE'RE REQUESTING THAT
07:31:07 FOR TWO REASONS.
07:31:08 ONE, THERE'S A SEWER LINE, AND THE SEWER DEPARTMENT WILL
07:31:11 NOT ALLOW A WALL ON THE SEWER EASEMENT.
07:31:14 BUT THEY WILL ALLOW A FENCE, BECAUSE IT'S REMOVABLE.
07:31:19 AND WE ALSO HAVE A GRAND TREE ON THAT SIDE OF THE SITE,
07:31:23 AND IN ORDER TO PROTECT THE ROOT ZONE FOR THAT, WE WOULD
07:31:26 NOT WANT TO PUT A WALL THERE.
07:31:28 THE THIRD WAIVER, AS RYAN MENTIONED, TO REMOVE ONE
07:31:36 NON-HAZARDOUS GRAND TREE THAT IS A MARGINAL TREE ALREADY.
07:31:41 IT HAS A RATING OF C-7, AND IT'S A LAUREL OAK.
07:31:46 THERE WAS NO ROOM TO AVOID THIS TREE.
07:31:52 IT WOULD BE WEDGED BETWEEN A BUILDING, EXTERNAL STAIRWAY,
07:31:56 A PARKING LOT, AND A WALKWAY.
07:31:58 AND GIVEN THIS CONDITION OF IT, JUST ANY IMPROVEMENTS
07:32:06 WOULD NOT -- IT WOULD NOT SURVIVE MOST LIKELY.
07:32:09 AND THE FOURTH ONE IS THE 50% TREE REQUIREMENT THAT
07:32:15 COUNCIL MEMBER DINGFELDER ASKED ABOUT, AND WE ARE
07:32:18 LITERALLY RIGHT AT 50% OR ONE TREE WITHIN IT.
07:32:25 AS YOU HEARD, MOST OF THE TREES ON THE SITE ARE
07:32:27 UNHEALTHY.
07:32:28 WE ARE SAVING 25 TREES ON THE ENTIRE SITE WERE RATED AS
07:32:33 HEALTHY.
07:32:33 AND WE'RE SAVING HALF OF THEM OR ACTUALLY MORE THAN HALF
07:32:38 OF THEM.
07:32:39 AND THE LAST BUT NOT LEAST IS JUST TO ALLOW PAYMENT INTO
07:32:44 THE TREE BANK BECAUSE OF THE NUMBER OF TREES THAT ARE
07:32:51 UNHEALTHY ON HERE, AND THAT WE WILL HAVE TO REPLACE.
07:32:55 WE WILL NEED THAT OPTION FOR A FEE IN LIEU ON THIS SITE.
07:33:00 IT IS AN INFILL SITE, AND WE DO EXCEED THE OPEN SPACE,
07:33:06 BUT THERE ARE A LOT OF TREES THAT WE WILL BE REPLACING.
07:33:09 AND WITH THAT, WE'LL TURN IT BACK TO MR. MECHANIK.
07:33:19 >>ORLANDO GUDES: LET ME ASK A QUESTION IN REFERENCE TO
07:33:22 THE DEVELOPMENT.
07:33:23 IS THIS WORKFORCE HOUSING?
07:33:28 IS IT MIXED USE?
07:33:29 IS IT MARKET RATE?
07:33:31 >> MARKET RATE HOUSING.
07:33:36 >>GUIDO MANISCALCO: MR. MECHANIK.
07:33:42 >>JOHN DINGFELDER: MS. SWIFT, WELCOME BACK.
07:33:43 FOR THOSE OF YOU WHO AREN'T AWARE, MS. SWIFT WAS PROBABLY
07:33:48 DIRECTOR OF PLANNING DURING THE FREEDMAN ADMINISTRATION,
07:33:51 A FEW YEARS AGO.
07:33:52 >> A FEW YEARS.
07:33:54 MY HAIR WAS A DIFFERENT COLOR THEN.
07:33:56 >>JOHN DINGFELDER: YEAH, YOU AND ME BOTH.
07:33:59 MY QUESTION, MS. SWIFT, I KNOW YOUR ARBORIST IS HERE, BUT
07:34:03 I DON'T KNOW IF WE NEED THE ARBORIST OR NOT.
07:34:05 THAT'S UP TO YOU.
07:34:06 THESE 20 ODD TREES ALONG MITCHELL STREET THAT ASSUMEDLY
07:34:13 WOULD BE VACATED.
07:34:14 WILL YOU BE LEAVING THOSE ALONE?
07:34:16 >> ON THE WEST SIDE, YES.
07:34:17 WE WON'T BE TOUCHING THOSE.
07:34:20 >>JOHN DINGFELDER: YOU'RE GOING TO OWN IT SO YOU NEED TO
07:34:23 MAINTAIN IT BUT NO REASON TO TAKE THE TREES DOWN.
07:34:25 >> WE'LL HAVE THE EAST SIDE OF MITCHELL AVENUE, BUT MOST
07:34:28 OF THOSE TREES ARE ON THE WEST SIDE, SO THEY'LL REMAIN.
07:34:34 NOW NO ONE WILL PUT A STREET THERE.
07:34:36 >>JOHN DINGFELDER: I GUESS WE DON'T KNOW WHO THE OTHER
07:34:39 PROPERTY OWNERS ARE.
07:34:41 OKAY.
07:34:41 THANK YOU.
07:34:42 >>JOSEPH CITRO: MR. CHAIR, IF I MAY.
07:34:43 >>GUIDO MANISCALCO: YES, SIR.
07:34:44 >>JOSEPH CITRO: MS. SWIFT, PLEASE, CAN YOU PUT THE SITE
07:34:46 PLAN BACK UP?
07:34:47 THE OVERHEAD SITE PLAN.
07:34:50 YES, MA'AM.
07:34:53 THANK YOU VERY MUCH.
07:34:54 THE AFOREMENTIONED BUFFER.
07:35:00 FENCES MAKE GOOD NEIGHBORS.
07:35:02 WHERE WAS THE UTILITY THAT YOU MENTIONED AND THE TREE YOU
07:35:05 MENTIONED?
07:35:06 WHERE YOU COULD NOT PUT A FENCE -- EXCUSE ME, THE
07:35:12 REQUIRED HEIGHT FENCE?
07:35:13 >> THIS SIDE WHERE THE ALLEY IS, IS ON THE EAST SIDE.
07:35:18 AND THERE'S A SEWER -- THERE'S A SEWER LINE NOW AND A
07:35:22 SEWER IN THE ALLEY.
07:35:24 SO EVEN THOUGH WE ACTUALLY HAVE THE REQUIRE -- THE
07:35:32 REQUIRED BUFFER IS ONLY 15 FEET AND A WALL.
07:35:35 WE ACTUALLY HAVE 25 FEET ON THAT SIDE.
07:35:40 AND BECAUSE OF THE SEWER LINE BEING REMAINING, WE'RE
07:35:45 USING THE SAME SEWER LINE.
07:35:48 >>JOSEPH CITRO: ARE THOSE RETENTION PONDS I SEE?
07:35:52 >> THEY ARE DRY PONDS.
07:35:54 >>JOSEPH CITRO: OKAY.
07:35:55 DRY RETENTION.
07:35:56 >> SO THE -- THERE'S A GRAND TREE OVER HERE.
07:36:01 BECAUSE OF THE GRAND TREE, WE DON'T WANT A WALL ON TOP OF
07:36:04 IT.
07:36:06 AND THE PRIMARY REASON IS THE SEWER DEPARTMENT WOULD NOT
07:36:10 ALLOW A WALL ON TOP OF THE SEWER EASEMENT.
07:36:14 >>JOSEPH CITRO: TO THE SOUTH AND THE WEST?
07:36:16 YOU CAN'T PUT THE REQUIRED HEIGHT FENCE THERE?
07:36:23 >> THOSE ARE NOT REQUIRED.
07:36:24 IT'S ONLY NEXT TO THE COMMERCIAL.
07:36:27 >>JOSEPH CITRO: THANK YOU VERY MUCH.
07:36:29 >> SURE.
07:36:34 >>DAVID MECHANIK: THAT'S ALL WE HAVE.
07:36:35 THANK YOU, MR. CHAIR.
07:36:36 >>GUIDO MANISCALCO: ANY QUESTIONS OR COMMENTS?
07:36:38 HEARING NONE, EARLIER I SAID WE DID NOT HAVE ANYBODY
07:36:42 REGISTERED TO SPEAK, BUT WE DO HAVE ONE PERSON REGISTERED
07:36:46 TO SPEAK ON THIS ITEM WHICH WE'LL TAKE FIRST.
07:36:50 THEN WE'LL GO TO THE FOLKS IN THE PUBLIC.
07:36:53 IF THE SPEAKER FOR ITEM 16 IS ON THE LINE, I'VE AVERY
07:36:58 ADAMS.
07:37:02 >> HELLO.
07:37:02 >>GUIDO MANISCALCO: YES, IF YOU COULD TURN YOUR CAMERA
07:37:04 ON.
07:37:06 >> I'M TURNING IT ON NOW.
07:37:07 CAN YOU SEE ME?
07:37:08 >>GUIDO MANISCALCO: NOT YET.
07:37:09 YES, WE CAN.
07:37:11 PLEASE STATE YOUR NAME AND YOU HAVE THREE MINUTES.
07:37:14 >>MARTIN SHELBY: DOES HE NEED TO BE SWORN IN, SIR?
07:37:16 >>GUIDO MANISCALCO: PLEASE RAISE YOUR RIGHT HAND FOR US
07:37:18 TO SWEAR YOU IN.
07:37:22 [OATH ADMINISTERED]
07:37:27 >> YES.
07:37:27 >>GUIDO MANISCALCO: ALL RIGHT.
07:37:28 GO AHEAD, SIR.
07:37:29 PLEASE STATE YOUR NAME.
07:37:30 YOU HAVE THREE MINUTES.
07:37:31 >> AVERY ADAMS.
07:37:32 I LIVE ON TALIAFERRO.
07:37:33 SO OUR PROPERTY BUTTS UP AGAINST THE PARK.
07:37:38 BORRELL PARK IS RIGHT ACROSS THE STREET FROM THE
07:37:40 PROPERTY.
07:37:40 WE'VE HAD THE OPPORTUNITY TO TALK TO -- MENACHEM.
07:37:51 HE'S WALKED THROUGH THE SITE PLAN AND WHAT THEY WANT TO
07:37:53 DO WITH THE PROPERTY.
07:37:54 WE'RE SUPPORTIVE OF WHAT THEY WANT TO DO BASED OFF OF
07:37:59 WHAT MENACHEM SHARED WITH US.
07:38:01 WE THINK IT IS A GREAT INVESTMENT IN THE NEIGHBORHOOD.
07:38:04 WE THINK WITH THEM BEING OWNERS OF THE PROPERTY AND
07:38:07 MANAGING THE APARTMENT COMPLEX, THEY WILL BE JUST AS
07:38:09 INVESTED IN MAINTAINING THAT PROPERTY AND ALSO DRIVING UP
07:38:12 VALUE IN THE NEIGHBORHOOD, AND WE THINK HAVING THAT
07:38:17 ADDITIONAL DEVELOPMENT IN THE NEIGHBORHOOD WILL ALSO
07:38:21 DRIVE LIKE THE PARK AND THE SURROUNDING AREA WHEN YOU
07:38:24 THINK ABOUT ALL OF THE ABANDONED BUILDINGS THAT ARE KIND
07:38:27 OF UP AND DOWN NEBRASKA AND THEN FLORIBRASKA.
07:38:31 SO ANY TYPE OF DEVELOPMENT, ESPECIALLY IF IT BRINGS IN
07:38:34 HOUSING THAT'S GOING TO BE ACCESSIBLE TO, I GUESS, WHAT
07:38:38 THE GROUP IS CALLING WORKFORCE, I THINK IT'S A GOOD
07:38:42 THING, AND WE SUPPORT IT.
07:38:43 THANK YOU.
07:38:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:38:46 IS THAT THE ONLY PERSON THAT IS REGISTERED TO SPEAK ON
07:38:49 THIS?
07:38:49 JUST TO CONFIRM.
07:38:53 >> YES, IT IS.
07:38:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:38:54 ALL RIGHT.
07:38:54 IF THERE'S ANYBODY HERE IN THE PUBLIC THAT WISHES TO
07:38:57 SPEAK ON THIS ITEM, 10 OR 16, PLEASE APPROACH THE LECTERN
07:39:02 AND REMEMBER TO ALTERNATE AFTER EACH PERSON.
07:39:06 >>MARTIN SHELBY: A REMINDER, MR. CHAIRMAN, FOR THE
07:39:08 PUBLIC, YOU ARE COMBINING 10 AND 16, SO IF YOU WANT TO
07:39:12 DISCUSS THE VACATE AS WELL, INCLUDE THAT IN YOUR
07:39:18 PRESENTATION.
07:39:18 >>GUIDO MANISCALCO: IF YOU WANT TO TALK ABOUT THEM
07:39:19 TOGETHER, GO AHEAD.
07:39:20 YES, MA'AM.
07:39:21 >> HOPEFULLY YOU CAN HEAR ME WITH MY MASK ON.
07:39:23 >>GUIDO MANISCALCO: YES, WE CAN.
07:39:24 >> KELLY GRIMSDALE HERE AS A RESIDENT AT 2701 NORTH 9th
07:39:29 STREET.
07:39:29 I KNOW I STILL OWE YOU YOUR T-SHIRT, JOE.
07:39:32 I'M HERE TO SPEAK IN SUPPORT OF THE PROJECT BEING
07:39:36 PROPOSED FOR 801 EAST 26th AVENUE.
07:39:39 ALTHOUGH I DO NOT NECESSARILY LIKE THE ARCHITECTURE OF
07:39:43 THE QUADS BEING PRESENTED, THE DENSITY NOR THE SPACING
07:39:46 BETWEEN THE BUILDINGS, I DO BELIEVE THAT THIS IS PROGRESS
07:39:49 FOR VM YBOR, PROGRESS WHICH HASN'T HAPPENED IN THE OVER
07:39:53 18 YEARS THAT I'VE OWNED MY PROPERTY.
07:39:55 THE FACT THAT AN INVESTOR WOULD PURCHASE LAND IN VM YBOR
07:39:59 WITH THE INTENTION OF DEVELOPING IT IS A VALIDATION OF
07:40:01 OUR STRENGTH AS A COMMUNITY, AND WILL PAVE THE WAY FOR
07:40:04 OTHERS TO ALSO BECOME INTERESTED IN INVESTING IN OUR
07:40:07 NEIGHBORHOOD.
07:40:08 OTHER THAN THE BLACK RADISH OPENING ON 21st OPENING
07:40:12 RECENTLY, WE'VE HAD NO ECONOMIC PROGRESS IN VM YBOR SINCE
07:40:16 TRINITY CAFE RELOCATED TO OUR NEIGHBORHOOD IN 2013.
07:40:19 I AM COUNTING ON MENACHEM TO KEEP HIS WORD THAT HE WILL
07:40:24 SEEK COMMUNITY INPUT FOR THE LANDSCAPING, THAT THEY WILL
07:40:26 BE RENTING THE UNITS OUT AT MARKET LEVEL AND THAT THEY
07:40:30 WILL PROPERLY MANAGE THE DEVELOPMENT ONCE COMPLETE.
07:40:32 THANK YOU.
07:40:33 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:40:34 NEXT SPEAKER.
07:40:37 >> GOOD EVENING, COUNCILMEN.
07:40:39 IVAN RIVERA.
07:40:41 I LIVE IN VM YBOR.
07:40:43 I OWN PROPERTY AT 1008 EAST 15th AVENUE.
07:40:46 I'M SPEAKING, ACTUALLY, IN OPPOSITION OF THIS PROJECT.
07:40:51 I AM A LICENSED REALTOR.
07:40:52 I DO BUSINESS IN EAST TAMPA.
07:40:53 I LIVE IN VM YBOR, AND I ALSO SERVE ON THE PARTNERSHIP
07:40:57 COMMITTEE FOR THE CRA.
07:40:59 WHILE DENSITY AND INVESTMENT IN THE AREA IS GREAT, THIS
07:41:04 DEVELOPMENT BEING PROPOSED IS NOT COMPATIBLE WITH OUR
07:41:08 EXISTING NEIGHBORHOOD.
07:41:10 THIS COMMUNITY HAS THE POTENTIAL TO BE A DETRIMENT, IN MY
07:41:12 OPINION, TO VM YBOR.
07:41:16 RESIDENTIAL UNITS WITH NO GARAGES SITUATED AROUND A SEA
07:41:20 OF PARKING IS A SUBURBAN MODEL THAT HAS PROVEN TO BE
07:41:23 PROBLEMATIC IN OUR URBAN CORE NEIGHBORHOODS.
07:41:26 THIS IS MORE OF A MOTEL MODEL THAT MAY BECOME VERY
07:41:31 INSULAR AND HAVE LONG-TERM NEGATIVE EFFECTS.
07:41:35 I ALSO WANT YOU TO PLEASE CONSIDER THE SENSITIVE LOCATION
07:41:39 WITH THE PROXIMITY TO NEBRASKA.
07:41:40 IF THIS DESIGN MODEL FAILS, IT CAN EXACERBATE AN ISSUE
07:41:45 THAT OUR COMMUNITY HAS BEEN DEALING WITH.
07:41:49 I ALSO WANT TO SAY THAT REQUESTING THE VACATING OF THE
07:41:52 ALLEY AND THE PLATTED STREETS MEANS CHANGING THE HISTORIC
07:41:55 GRID, EVEN IF IT LOOKS BAD RIGHT NOW, IT IS A SIGNIFICANT
07:42:01 ALTERATION AND COULD SET A CONCERNING PRECEDENT MOVING
07:42:03 FORWARD.
07:42:03 I ALSO SUSPECT THAT THE 10 FEET SPACES BETWEEN THE
07:42:06 COMPLEXES ARE CAVERNOUS AND WILL BE A DETRIMENT OVERALL
07:42:11 TO THE AESTHETIC OF THE DEVELOPMENT.
07:42:14 WHILE I'M SUPPORTIVE OF NEW DEVELOPMENT AND I'M AWARE
07:42:17 THAT PROJECTS LIKE THIS -- I'M AWARE THAT PROJECTS LIKE
07:42:20 THIS WILL HAVE A LONG-TERM EFFECT.
07:42:23 AND I DON'T THINK THAT OUR COMMUNITY CAN AFFORD DECADES
07:42:27 OF AN UNSUCCESSFUL PROJECT.
07:42:29 I FEEL DEVELOPMENT FOR THE SAKE OF DEVELOPMENT CANNOT BE
07:42:33 THE ANSWER.
07:42:34 THAT'S ALL I'VE GOT TO SAY.
07:42:38 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
07:42:39 NEXT SPEAKER.
07:42:42 >> HELLO.
07:42:43 JASON PRYOR.
07:42:46 I AM A RESIDENT ON --
07:42:48 >>JOHN DINGFELDER: I CAN'T HEAR HIM.
07:42:49 MAYBE TILT IT UP TOWARDS YOU.
07:42:54 >> CAN YOU HEAR ME NOW?
07:42:56 HI.
07:42:56 JASON PRYOR.
07:42:58 I'M A RESIDENT AT 1008 EAST 15th AVENUE.
07:43:01 I'M A PROUD FLORIDA ATLANTIC UNIVERSITY GRADUATE OF
07:43:05 ARCHITECTURE.
07:43:06 I'M HERE TO SPEAK OBJECTION OF THE DEVELOPMENT, ACROSS
07:43:14 THE STREET FROM BORRELL PARK.
07:43:16 ONLY BECAUSE THE VACATE OF THE MITCHELL AND THE ALLEY, I
07:43:21 THINK THAT THE CLIENT SHOULD RESPECT THE RIGHT-OF-WAYS
07:43:28 PER EAST TAMPA CODE.
07:43:31 BECAUSE THE WAY THEY HAVE THAT SET UP RIGHT NOW, ALL THE
07:43:35 ENTRANCES ARE LOOKING AT ONE STREET AND IGNORING THE BACK
07:43:40 SETBACK, AND THE HOMELESS SITUATION ON NEBRASKA FULL
07:43:47 POTENTIAL FOR A LOT OF THE CONCERNS THAT ARE THERE ON
07:43:49 MITCHELL AND THAT ALLEY CURRENTLY, AND WE ONLY HAVE THE
07:43:56 HOPE THAT THE OWNER KEEPS THE PROPERTY UP TO MAINTENANCE,
07:44:00 BUT WE DON'T HAVE THAT LEGAL DESCRIPTION IN PLACE, AND
07:44:07 THAT'S MY OBJECTION.
07:44:09 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:44:10 NEXT SPEAKER.
07:44:12 >> HELLO.
07:44:12 MY NAME IS RICARDO CROUSE.
07:44:15 I LIVE 1520 EAST 21st AVENUE.
07:44:18 I'M A RESIDENT OF THE NEIGHBORHOOD AND ALSO PART OF THE
07:44:23 BOARD OF VM YBOR ASSOCIATION.
07:44:25 I AM HERE TO SPEAK IN OPPOSITION OF THE PROJECT.
07:44:29 NAMELY FOR TWO REASONS.
07:44:31 ONE IS THE DESIGN ASPECT THAT HAVE ALREADY BEEN
07:44:34 DESCRIBED.
07:44:35 I FEEL THAT A COURTYARD MODEL WITH ALL THE UNITS FACING
07:44:38 IN IS SOMETHING THAT WE SEE IN MANY FAILED APARTMENT
07:44:42 COMPLEXES AS YOU DRIVE AROUND THE CITY.
07:44:44 ALSO, THE VERY NARROW SPACES BETWEEN THE BUILDINGS DON'T
07:44:49 FACILITATE ANY KIND OF LIGHT AND AIR CIRCULATION.
07:44:55 SO FOR THEM TO SAY THIS IS SOMETHING THAT PROVIDES A LOT
07:44:57 OF SPACE, IF ANYTHING, TEN FEET BETWEEN BUILDINGS IS NOT
07:45:01 A LOT OF SPACE.
07:45:03 ALSO, THE SECOND OBJECTION THAT I HAVE IS FOR THEM TO SAY
07:45:07 THAT THEY HAVE MET WITH US EXTENSIVELY, WE SAW THE
07:45:11 RENDERINGS AND WERE EXPLAINED HOW THE PROJECT WAS GOING
07:45:13 TO LOOK BASICALLY A FEW DAYS AGO.
07:45:16 FOR THE COMPANY TO COME AND SIT IN OUR MEETINGS AND THEN
07:45:20 JUST SAY THAT THAT'S THEIR ENGAGEMENT IS NOT TRULY
07:45:26 ENGAGING WITH THE COMMUNITY.
07:45:27 THEY MIGHT AS WELL BUILT US AND THEN HAVE A MEETING WITH
07:45:30 US TO SAY THEY ENGAGED US.
07:45:33 I WOULD LIKE THAT TO ALSO NOT BE A PRECEDENT THAT IS SET
07:45:36 HERE BY SAYING THEY'VE BEEN MEETING WITH US.
07:45:38 BECAUSE JUST SITTING IN A MEETING IS NOT TAKING INTO
07:45:40 ACCOUNT CONSIDERATIONS FROM RESIDENTS IN THE COMMUNITY.
07:45:43 THANK YOU.
07:45:44 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:45:46 DO WE HAVE ANYBODY ELSE FROM THE PUBLIC THAT WISHES TO
07:45:48 SPEAK ON THIS ITEM?
07:45:49 THAT WOULD BE 10 AND 16.
07:45:54 >>ORLANDO GUDES: MR. CHAIRMAN, RYAN?
07:46:02 >>RYAN MANASSE: YES, SIR.
07:46:04 >>ORLANDO GUDES: I MISSED SOMETHING, AND THE ONE SPEAKER
07:46:09 SPOKE TO IT.
07:46:09 AND I HAD TO GO BACK AND LOOK AT THE DRAWING.
07:46:16 THAT PARTICULAR PROPERTY THAT THEY ARE ASKING TO ACQUIRE
07:46:18 IS THAT ZONED HOTEL/MOTEL?
07:46:21 >>RYAN MANASSE: CURRENTLY, SIR?
07:46:22 CURRENTLY IT'S ZONED RS 50 RESIDENTIAL SINGLE-FAMILY.
07:46:26 THE USE, JUST TO CLARIFY THAT, TOO, BECAUSE I DID HEAR
07:46:30 THAT EARLIER, THE USE WOULD BE RESTRICTED TO THE
07:46:32 RESIDENTIAL MULTIFAMILY USE THROUGH THIS PD REZONING,
07:46:36 HOTEL/MOTEL IS NOT A LISTED USE AND WOULD NOT BE ALLOWED.
07:46:39 IF THEY WERE TO TRY TO CHANGE THAT USE, THEY WOULD HAVE
07:46:41 TO COME BEFORE THE CITY COUNCIL AGAIN FOR ANOTHER
07:46:44 REZONING.
07:46:46 >>ORLANDO GUDES: THAT'S THE REASON I ASKED THAT QUESTION.
07:46:48 >>RYAN MANASSE: YES, SIR.
07:46:49 >>ORLANDO GUDES: I THINK YOU KNOW WHY I ASKED THE
07:46:51 QUESTION BECAUSE OF THE PROBLEMS WE DO HAVE ON NEBRASKA
07:46:53 AVENUE.
07:46:54 THAT IS A CONCERN OF MINE.
07:46:56 AND IF WE'RE GOING TO CLEAN UP NEBRASKA AVENUE, NOT
07:47:02 SAYING THAT WHERE MY THINKING MAY GO, BUT WHEN I LOOK AT
07:47:05 THAT DESIGN MODEL IT TROUBLES ME A LITTLE BIT.
07:47:09 I DIDN'T REALLY LOOK AT IT IN THE BEGINNING.
07:47:11 WHEN I LOOK AT IT NOW, IT KIND OF TROUBLES ME A LITTLE
07:47:14 BIT, AND THAT'S WHY I ASKED WHAT WAS IN THAT PD REFERENCE
07:47:18 TO HOTEL/MOTEL.
07:47:20 BECAUSE I'VE GOT SOME CONCERNS ABOUT THAT.
07:47:22 >>RYAN MANASSE: AND YOU'RE CORRECT, SIR.
07:47:24 AGAIN, THE USE BEFORE YOU IS STRICTLY RESIDENTIAL
07:47:27 MULTIFAMILY.
07:47:27 I WILL SHOW -- I WILL JUST STATE, TOO, FOR THE RECORD ONE
07:47:30 OF THE WAIVERS SECTION 27-240 E-1-D, AND THAT WAS THE
07:47:34 EAST TAMPA OVERLAY.
07:47:36 I BELIEVE THE AGENTS HAVE SPOKE TO THAT ALREADY, BUT IT
07:47:39 DOES GO THROUGH A DESIGN REVIEW THROUGH OUR URBAN DESIGN
07:47:42 FOR THE EAST TAMPA OVERLAY AS WELL.
07:47:46 >>ORLANDO GUDES: DOES IT MEET THE DESIGN CODE, RYAN?
07:47:49 EAST TAMPA HAS A DIFFERENT TYPE --
07:47:51 >>RYAN MANASSE: THAT WAIVER DOES NOT, SIR.
07:47:53 THAT'S WHY THEY ARE REQUESTING THE WAIVER FROM
07:47:54 27240-E-1-D.
07:47:57 AND THE STAFF REPORT IS MAINLY -- DEVELOPMENT
07:48:00 COORDINATION FOUND IT CONSISTENT.
07:48:01 BUT OVERALL, THE TOTAL PACKAGE, WE FOUND IT INCONSISTENT
07:48:05 BECAUSE URBAN DESIGN AS WELL AS FOR THE ORIENTATION OF
07:48:08 THE BUILDINGS, AS WELL AS THE NATURAL RESOURCES FOR THAT
07:48:11 TREE, THE TREE RETENTION WAIVER.
07:48:14 >>ORLANDO GUDES: AND AGAIN, YOU KNOW, I LIKE GOOD
07:48:17 PROJECTS.
07:48:17 WE NEED THEM IN EAST TAMPA BECAUSE WE NEED AN ECONOMIC
07:48:21 BOON, AND WE NEED NEW THINGS TO BRING THE VALUE OF HOUSES
07:48:28 IN THE AREA.
07:48:29 JUST A FEW CONCERNS.
07:48:29 THANK YOU, SIR.
07:48:31 >>RYAN MANASSE: YES, SIR.
07:48:32 >>GUIDO MANISCALCO: ALL RIGHT.
07:48:33 ANYBODY ELSE?
07:48:33 MR. MECHANIK.
07:48:36 >>DAVID MECHANIK: MR. CHAIRMAN, DAVID MECHANIK, COUNCIL
07:48:41 MEMBERS, I'M GOING TO CALL SUSAN BACK UP TO RESPOND TO
07:48:47 MOST OF THE COMMENTS.
07:48:48 BUT TO MR. GUDES' QUESTION, MY CLIENT HAS NO INTEREST IN
07:48:52 A HOTEL OR MOTEL, BUT THE MOST IMPORTANT THING IS, IT
07:48:57 WOULD REQUIRE A FULL-BLOWN REZONING, JUST THE SAME
07:49:02 PROCESS WE WENT THROUGH FOR THIS PROJECT, YOU'D HAVE TO
07:49:05 DO THE SAME THING AGAIN.
07:49:08 IT WOULD BE AN ADVERTISED, FULL-NOTICED PUBLIC HEARING.
07:49:11 SO THERE'S NO WAY SOMETHING LIKE THAT COULD GET SLIPPED
07:49:14 BY.
07:49:15 I WOULD ALSO POINT OUT THAT THE DESIGN AS A TOWN HOUSE
07:49:19 PREDOMINANTLY A TOWN HOUSE PROJECT, IS NOT STRUCTURALLY
07:49:25 COMPATIBLE WITH THE IDEA OF A HOTEL OR MOTEL.
07:49:29 I'D JUST LIKE TO MAKE THAT POINT AND ASK SUSAN.
07:49:35 THANK YOU.
07:49:36 >> THANK YOU.
07:49:37 SUSAN SWIFT, MASER CONSULTING.
07:49:45 LET ME PUT THIS BACK UP HERE.
07:49:47 OFTENTIMES, PLANNERS AND ARCHITECTS REFER TO THE DESIGN
07:50:01 OF A BUILDING AS MOTEL-STYLE WHEN -- WHETHER THEY ARE
07:50:08 APARTMENTS OR NOT, BUT WHEN THEY ARE LONG BUILDINGS WITH
07:50:12 THAT COMMON WALKWAY, ALONG THE FRONT OF THEM, AND I'M NOT
07:50:21 SURE -- THIS IS ACTUALLY THE COMPLETE OPPOSITE OF A MOTEL
07:50:26 STYLE.
07:50:26 AND AS I MENTIONED, MR. RAPPAPORT WENT THROUGH GREAT
07:50:31 PAINS TO NOT MAKE IT THAT WAY IN ORDER TO MAKE SURE THAT
07:50:38 IT WASN'T A COMMON, WHICH IS ALSO PERCEIVED AS BEING LESS
07:50:42 SECURE WHEN YOU HAVE THOSE COMMON WALKWAYS.
07:50:45 THESE ARE MORE LIKE HOMES WHERE YOU ACTUALLY HAVE YOUR
07:50:49 OWN ENTRANCE.
07:50:50 YOU'RE NOT WALKING DOWN A WALKWAY AND EVERYBODY KNOWS
07:50:53 YOUR BUSINESS.
07:50:55 AND THEY ALL HAVE THEIR OWN PATIO OR BALCONY.
07:51:00 THESE ARE MARKET-RATE UNITS.
07:51:04 IN TERMS OF -- LET'S STICK WITH THE ARCHITECTURE.
07:51:09 THE ARCHITECTURAL STYLE, WE MEET ALL THE CRITERIA IN THE
07:51:16 EAST TAMPA EXCEPT FOR THIS ONE DESIGN CRITERIA THAT
07:51:26 SPEAKS TO THE DOORS, REALLY.
07:51:29 WHEN WE MET WITH THE STAFF, THEIR CONCERN WAS THAT THE
07:51:33 DOOR FACES 26th AVENUE.
07:51:34 SO MR. RAPPAPORT ACTUALLY HAD HIS ARCHITECT REALLY CHANGE
07:51:41 THE WHOLE FRONT TWO BUILDINGS SO THAT THE DOORS WERE
07:51:46 FACING THE STREET.
07:51:47 THERE'S WRAPAROUND BALCONY AND WRAPAROUND PATIOS ON ALL
07:51:51 OF THE UNITS THAT FACE 26th.
07:51:53 THE IDEA THAT -- ALL NEW RESIDENTIAL STRUCTURES, THAT
07:52:05 WOULD MEAN THAT EVERY STRUCTURE OF ANY RESIDENCE BUILT IN
07:52:13 EAST TAMPA WOULD HAVE TO BE ON THE STREET.
07:52:16 AND IN ACTUALITY, THAT WOULD PRECLUDE DEVELOPMENT OF A
07:52:24 LOT OF LAND, ESPECIALLY WHEN YOU'RE TRYING TO DO INFILL
07:52:28 IN THIS AREA.
07:52:30 SO WITH 1.6 ACRES, IF ALL -- GIVEN THE NARROWNESS OF THIS
07:52:36 LOT, THE DESIGN TO HAVE ANY KIND OF TOWN HOUSE OR
07:52:43 MULTIFAMILY, YOU'D GET FOUR UNITS FACING THE STREET OR
07:52:46 THREE.
07:52:46 AND THEN THERE WOULD BE AN ACRE OF VACANT LAND.
07:52:51 SO THERE'S NO WAY TO UTILIZE AN INFILL PROPERTY LIKE
07:52:57 THAT, GET NEW HOUSING.
07:53:01 I GOT SOME DATA FROM THE PLANNING COMMISSION, AND IN THE
07:53:04 LAST EIGHT OR TEN YEARS, UNTIL LAST YEAR, THERE WERE ONLY
07:53:11 200 UNITS BUILT IN ALL OF THE CRA.
07:53:17 AND IN THE LAST TEN YEARS.
07:53:20 AND THOSE ARE MOSTLY SINGLE-FAMILY UNITS TO THE NORTH.
07:53:25 SO IF WE'RE TRYING TO BALANCE OUR GOALS AND GET NEW
07:53:31 HOUSING, THIS KIND OF HOUSING TO HAVE TOWN HOUSES ON IT
07:53:35 -- ON A TRANSIT LINE WITH ALL THE AMENITIES IS MAYBE THAT
07:53:44 ONE CRITERIA SHOULD BE RETHOUGHT.
07:53:48 IT JUST DOESN'T SEEM PRACTICAL FOR INFILL.
07:53:52 BUT THE DESIGN, THERE ARE A LOT OF EMBELLISHMENTS.
07:53:56 HAVING A PARK IN THE MIDDLE WOULD ACTUALLY END UP
07:54:00 REQUIRING A LOT MORE PAVEMENT FOR THIS, BECAUSE YOU NEED
07:54:07 ACCESS TO THE BACK OF THE SITE.
07:54:09 IT'S JUST A REALLY DEEP, NARROW SITE.
07:54:11 I THINK I MENTIONED THAT THE DENSITY OF THIS PROJECT IS
07:54:16 ACTUALLY 17 UNITS PER ACRE.
07:54:19 THE LAND USE PLAN ALLOWS 20, SO WE'RE ALSO BELOW THAT.
07:54:23 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:54:24 >> THANK YOU.
07:54:26 >>DAVID MECHANIK: MAY I ASK PERMISSION FOR MR. RAPPAPORT
07:54:28 TO JUST SPEAK TO COUNCIL FOR ONE MINUTE REGARDING THE
07:54:33 NEIGHBORHOOD INTERACTION?
07:54:35 THANK YOU.
07:54:35 >>GUIDO MANISCALCO: GO AHEAD, SIR.
07:54:45 >> GOOD EVENING, CHAIRMAN.
07:54:46 GOOD EVENING, COUNCIL.
07:54:47 I WOULD LIKE TO ADDRESS ONE OF THE COMMENTS THAT WERE
07:54:51 MADE EARLIER.
07:54:51 MY NAME IS MENACHEM RAPPAPORT.
07:54:54 I'M HERE ON BEHALF OF BAYCREST DEVELOPMENT FOR THE
07:54:58 DEVELOPMENT AT 801 EAST 26th AVENUE.
07:55:00 BEFORE WE EVEN PURCHASED THIS LOT, WE REACHED OUT TO
07:55:03 MEMBERS OF THE NEIGHBORHOOD ASSOCIATION, THE VM Ybor
07:55:06 Neighborhood Association.
07:55:07 We spoke with the leadership team.
07:55:08 We spoke with members of the CRA board of East Tampa.
07:55:12 Spoke with the Neighborhood Association to the north of
07:55:15 our property, even though we don't fall in their actual
07:55:19 jurisdiction, but we spoke with them.
07:55:21 We got their full support.
07:55:23 Spoke with many of the adjacent and abutting neighbors,
07:55:25 and most of them have spoken in support.
07:55:28 Had one member speak virtually this evening.
07:55:31 The idea behind this property, as Mayor Jane castor
07:55:36 spoke, the importance for affordable housing in Tampa,
07:55:41 this looks to address that exact concern.
07:55:44 We have a large lot that is just south of a city park
07:55:49 that can be utilized for families if it was improved to
07:55:55 standards that you see in other areas in the city.
07:55:58 So our hope is to bring thoughtful development here.
07:56:01 THE UNITS THAT WE'RE BRINGING TO MARKET ARE LARGER THAN
07:56:04 USUAL, LARGER THAN THE AVERAGE RENTAL UNIT THAT ARE IN
07:56:08 THE MARKET.
07:56:08 WE'RE RENTING THEM FOR MARKET RATE, AND THAT IS OUR
07:56:11 INTENTION MOVING FORWARD.
07:56:12 I UNDERSTAND THAT A LOT OF THE CONCERNS HERE THIS EVENING
07:56:15 WERE ABOUT MAINTAINING THIS PROPERTY LONG-TERM, AND I
07:56:20 COMMIT --
07:56:20 >>ORLANDO GUDES: MR. CHAIRMAN, GIVE HIM ANOTHER MINUTE.
07:56:22 >>GUIDO MANISCALCO: OKAY.
07:56:23 GO AHEAD.
07:56:24 >> THANK YOU.
07:56:24 UNDERSTAND THAT A LOT OF THE OBJECTIONS OR CONCERNS WERE
07:56:27 ABOUT MAINTAINING THIS PROPERTY LONG-TERM.
07:56:29 HOWEVER, IT'S MUTUALLY BENEFICIAL FOR OURSELVES AS THE
07:56:32 INVESTORS, FOR THE COMMUNITY THAT WE HOLD THIS PROPERTY,
07:56:35 WE MAINTAIN IT TO HIGH STANDARDS, AND SO THAT IT DOES NOT
07:56:39 BECOME A DETRIMENT.
07:56:40 BECAUSE AS YOU SAID, COUNCILMAN GUDES, THERE ARE ISSUES
07:56:42 ALONG NEBRASKA AVENUE.
07:56:43 WE HOPE THAT THIS PROJECT WILL BE THE FIRST TO ADDRESS
07:56:46 SOME OF THE BLIGHT, SOME OF THE ISSUES ON NEBRASKA WITH
07:56:49 THOUGHTFUL DEVELOPMENT AND MORE MARKET RATE HOUSING IN
07:56:51 THE AREA, WE CAN START TO PROPEL ECONOMIC GROWTH FOR EAST
07:56:56 TAMPA AND SPECIFICALLY HERE IN THIS COMMUNITY.
07:56:59 I'M AVAILABLE FOR ANY FURTHER QUESTIONS.
07:57:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:57:02 >>JOSEPH CITRO: MR. CHAIR, IF I MAY?
07:57:03 >>GUIDO MANISCALCO: YES, SIR.
07:57:04 >>JOSEPH CITRO: SIR, EXCUSE ME.
07:57:05 IF YOU COULD STAY UP THERE.
07:57:07 I BELIEVE THIS IS THE FOURTH TIME I'VE HEARD "AFFORDABLE
07:57:10 HOUSING."
07:57:11 WHAT DO THE UNITS COST AVERAGE?
07:57:13 >> SURE.
07:57:14 SO WE SPECIFICALLY FOR THE AMI OF THIS NEIGHBORHOOD,
07:57:20 WE'RE GOING TO -- AS IT WAS LISTED ON THE SLIDE, WE'RE
07:57:24 CALLING THIS AN ATTAINABLE COMMUNITY BECAUSE IT DOES NOT
07:57:28 QUALIFY FOR THE AMI PERCENTAGE OF THIS NEIGHBORHOOD AT
07:57:32 THE MOMENT.
07:57:32 HOWEVER, THIS IS BELOW MARKET RATE BECAUSE TAKING THE
07:57:35 ENTIRE AREA OF TAMPA INTO CONSIDERATION, THIS IS MARKET
07:57:41 RATE, AND WE'RE RENTALS FOR EVERYONE.
07:57:44 >>JOSEPH CITRO: GIVE ME A BALLPARK FIGURE, DOLLARS.
07:57:46 >> BALLPARK FIGURE.
07:57:48 I CAN'T BE -- THERE ARE A LOT OF THINGS THAT CHANGE, AND
07:57:51 THERE'S A LOT OF VARIABLES THAT PLAY INTO THAT.
07:57:54 HOWEVER, IT'S GOING TO BE WHATEVER THE UNITS NEXT DOOR TO
07:57:58 IT OR RENTING FOR, THAT'S WHAT THAT WILL BE RENTING FOR.
07:58:01 EXACTLY MARKET RATE, UNIT TO UNIT.
07:58:04 >>RYAN MANASSE: RYAN MANASSE.
07:58:06 SORRY TO INTERRUPT.
07:58:07 I HAVE TO MAKE, FOR THE RECORD --
07:58:10 >>JOSEPH CITRO: I REALIZE MY LINE OF QUESTIONING HAS
07:58:12 NOTHING TO DO, BUT I STILL WOULD LIKE TO KNOW WHAT A
07:58:15 BALLPARK FIGURE IS GOING TO BE.
07:58:17 IF I HEAR AFFORDABLE HOUSING CONSTANTLY IN OUR HEARINGS,
07:58:22 JUST PERSONAL, THAT'S ALL.
07:58:23 >>RYAN MANASSE: UNDERSTAND, BUT ULTIMATELY, THIS IS A
07:58:25 RESIDENTIAL MULTIFAMILY DEVELOPMENT.
07:58:26 WE CANNOT DICTATE THE PRICE.
07:58:28 >>JOSEPH CITRO: I WITHDRAW MY QUESTION.
07:58:30 >>RYAN MANASSE: YES, SIR.
07:58:31 THANK YOU.
07:58:35 >>DAVID MECHANIK: LET ME CLARIFY.
07:58:36 TWO SECONDS.
07:58:36 MR. CITRO, WE DID NOT ADVERTISE OR TOUT THIS AS AN
07:58:41 AFFORDABLE HOUSING PROJECT.
07:58:42 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. MECHANIK.
07:58:44 I JUST HEARD IT FOUR TIMES TONIGHT.
07:58:46 I JUST WAS WONDERING.
07:58:47 >>DAVID MECHANIK: BUT WE DID NOT SUGGEST THAT AS PART OF
07:58:50 THE PRESENTATION TONIGHT.
07:58:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
07:58:53 >>ORLANDO GUDES: MR. CHAIRMAN, I UNDERSTAND MR. MECHANIK
07:58:56 SAID, BUT WHEN I HEARD A RUMOR OF THAT PROJECT, IT WAS
07:59:00 TALKED ABOUT, ABOUT BEING AFFORDABLE HOUSING.
07:59:02 AND I KNOW THAT FOR A FACT BECAUSE I KNOW THE GENTLEMAN
07:59:06 TALKED TO A COUPLE OF PEOPLE ON THE CAC BOARD IN
07:59:10 REFERENCE OF POSSIBLE AFFORDABLE HOUSING PROJECT THERE.
07:59:13 I KNOW THAT AREA VERY WELL.
07:59:15 I BELIEVE I RECEIVED A PHONE CALL AND ASKED WHAT THAT
07:59:19 WOULD BE.
07:59:19 THAT'S WHY I ASKED TODAY ABOUT AFFORDABLE HOUSING.
07:59:21 I WANT FOR THE RECORD IT HAD BEEN TALKED ABOUT, ABOUT
07:59:26 AFFORDABLE HOUSING.
07:59:26 I KNOW THAT FOR A FACT, SIR.
07:59:30 >>MARTIN SHELBY: WAIT A SECOND.
07:59:33 OUTSIDE THIS HEARING OR DURING THE HEARING.
07:59:35 >>ORLANDO GUDES: THE CAC.
07:59:37 I BELIEVE I HAD A CALL IN REFERENCE TO THE PROJECT.
07:59:39 I SAID YOU SHOULD TALK TO THE CAC BOARD MEMBERS AND
07:59:42 REFERENCE THAT.
07:59:42 THE CAC CHAIR WAS MS. GOODLEY AT THE TIME AND TALKED
07:59:46 ABOUT AFFORDABLE HOUSING AS A PROJECT.
07:59:48 >>MARTIN SHELBY: OKAY.
07:59:50 WELL, THANK YOU FOR SHARING THAT, COUNCILMAN GUDES.
07:59:55 I UNDERSTAND WHAT YOU'RE SAYING AND I RESPECT THAT.
07:59:57 BUT WHEN ONE USES THE TERM AFFORDABLE HOUSING, IT HAS
08:00:02 SPECIFIC DEFINITIONS AND SPECIFIC GUIDELINES, AND WHAT'S
08:00:05 BEFORE YOU IS WHAT'S BEEN PRESENTED IN YOUR STAFF REPORT
08:00:08 AND BEEN PRESENTED IN THE PETITION.
08:00:10 AND, FRANKLY, YOUR CRITERIA IS IN THE STAFF REPORT.
08:00:14 AND I WOULD ASK THAT YOU RELY ON THE COMPETENT
08:00:18 SUBSTANTIAL EVIDENCE APPLIED IN THE CODE IN ORDER TO FIND
08:00:20 OUT WHETHER THIS IS AN APPROPRIATE -- SOMETHING WORTHY OF
08:00:23 YOUR APPROVAL.
08:00:24 >>ORLANDO GUDES: THANK YOU, MR. SHELBY.
08:00:26 >> [NOT SPEAKING INTO A MICROPHONE]
08:00:30 >>GUIDO MANISCALCO: NO, SIR.
08:00:31 PUBLIC COMMENT IS OVER.
08:00:32 THANK YOU VERY MUCH.
08:00:33 ANYBODY ELSE ON COUNCIL?
08:00:34 IF NOT, MAY I HAVE A MOTION TO CLOSE?
08:00:37 >>JOSEPH CITRO: SO MOVED.
08:00:38 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN CITRO
08:00:40 WITH A SECOND FROM COUNCILMAN VIERA.
08:00:42 ALL IN FAVOR?
08:00:43 AYE.
08:00:44 ANY OPPOSED?
08:00:45 WHAT IS THE PLEASURE OF COUNCIL?
08:00:46 REMEMBER, WE HAVE VACATING A PORTION OF THE ALLEY ON
08:00:50 NUMBER 10, AND ITEM NUMBER 16.
08:00:53 >>MARTIN SHELBY: THEY ARE BOTH CLOSED NOW, IS THAT
08:00:54 CORRECT?
08:00:55 >>GUIDO MANISCALCO: YES.
08:00:56 >>MARTIN SHELBY: I ASK THAT YOU TAKE NUMBER 10 FIRST
08:00:58 USING THE CRITERIA THAT YOU HAVE, AND THE STAFF REPORT
08:01:01 THAT'S BEEN PROVIDED FOR THE CRITERIA IN ORDER TO DECIDE
08:01:04 WHETHER TO GO FORWARD ON THE VACATING BEFORE YOU TAKE UP
08:01:07 NUMBER 16.
08:01:08 >>GUIDO MANISCALCO: ALL RIGHT.
08:01:09 COUNCILMAN DINGFELDER.
08:01:10 >>JOHN DINGFELDER: MR. CHAIRMAN, I THINK THERE'S BEEN
08:01:13 GOOD DISCUSSION.
08:01:16 THIS IS A CHALLENGING LOCATION.
08:01:21 I THINK WE ALL REALIZE THAT.
08:01:25 BETWEEN NEBRASKA AND 275 DOWN IN THAT AREA, I THINK
08:01:34 THERE'S BEEN TESTIMONY, 17 YEARS OR SOMETHING SINCE
08:01:36 ANYTHING NEW HAS BEEN BUILT.
08:01:40 I COMMEND THEM FOR BEING URBAN PIONEERS ON THIS PROJECT.
08:01:50 IT'S NOT NECESSARILY AFFORDABLE HOUSING, BUT LEGAL TELLS
08:01:52 US THAT'S NOT ONE OF OUR CRITERIA ANYWAY.
08:01:56 THEY SAID IT'S GOING TO BE MARKET RATE APARTMENTS.
08:01:58 WE DON'T REALLY KNOW EXACTLY WHAT THAT IS, BUT IT DOESN'T
08:02:00 REALLY MATTER TO ME.
08:02:01 TO ME, IT IS A NEW PROJECT ON LAND THAT HAS JUST SAT
08:02:04 VACANT AND OBVIOUSLY BEEN SQUATTED ON BY VARIOUS FOLKS,
08:02:13 AND I THINK GENERALLY IT'S A GOOD THING.
08:02:18 IS IT PERFECT?
08:02:19 ARE THEY ASKING FOR A FEW WAIVERS?
08:02:22 YES.
08:02:23 IS IT PERFECT, NO.
08:02:26 BUT I THINK OVERALL THAT IT'S A GOOD PROJECT.
08:02:29 AND I WOULD BE WILLING TO SUPPORT IT AND MAKE A MOTION TO
08:02:32 APPROVE BOTH THE VACATING AND THE REZONING AT THE WILL OF
08:02:40 THE CHAIRMAN AND COUNCIL.
08:02:41 >>GUIDO MANISCALCO: ONE AT A TIME.
08:02:42 DO YOU WANT TO MAKE YOUR MOTION?
08:02:44 COUNCILMAN VIERA, YOU HAD YOUR HAND UP, SIR.
08:02:46 >>LUIS VIERA: NO, NO.
08:02:47 MY THOUGHTS WERE GOING TO BE THE SAME.
08:02:49 I DEFER TO MY FRIEND AND COLLEAGUE, COUNCILMAN
08:02:51 DINGFELDER.
08:02:52 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
08:02:53 >>ORLANDO GUDES: SOMETIMES DECISIONS ARE HARD WHEN YOU'RE
08:02:57 SITTING UP AT THIS DAIS.
08:02:58 BUT I HAVE TO BE REALISTIC WHEN I LOOK AT EAST TAMPA AND
08:03:03 I LOOK AT THE NEBRASKA CORRIDOR.
08:03:05 I KNOW WE HAVE SOME OPPOSITION AND WE HAVE SOME FOLKS
08:03:08 THAT ARE IN FAVOR OF THE PROJECT.
08:03:10 I HAVE A FEW CONCERNS ABOUT THE PROJECT, BUT FOR ME, FOR
08:03:15 THE BETTERMENT OF THAT COMMUNITY, YOU'VE GOT TO START NEW
08:03:19 DEVELOPMENT.
08:03:20 SOMEONE IS TAKING A CHANCE TO BRING SOMETHING THAT'S BEEN
08:03:22 SITTING A VERY, VERY LONG TIME.
08:03:25 AND NO ONE CAN TELL ME ABOUT THAT AREA BETTER THAN I.
08:03:28 WE HAVE A LOT OF CHALLENGES AROUND THERE.
08:03:29 SO I KNOW I'M GOING TO DISAPPOINT SOME, BUT SOMETIMES
08:03:35 AGAIN I SAY DECISIONS ARE HARD TO MAKE, BUT WE HAVE TO
08:03:38 START A LITTLE PROGRESS IN THAT AREA, SO --
08:03:45 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, WAS THAT A
08:03:47 MOTION FOR ITEM NUMBER 10 FOR THE ALLEY VACATION?
08:03:50 >>JOHN DINGFELDER: CORRECT.
08:03:51 >>MARTIN SHELBY: SUBSTITUTE ORDINANCE FOR NUMBER 10,
08:03:54 PLEASE.
08:03:55 >>GUIDO MANISCALCO: ALL RIGHT.
08:03:56 WOULD YOU LIKE TO GO AHEAD AND MOVE THAT?
08:03:59 >>JOHN DINGFELDER: YEAH, JUST BY RESOLUTION --
08:04:05 >>MARTIN SHELBY: IF YOU LOOK AT THE AGENDA, THERE IS A
08:04:07 SUBSTITUTE ORDINANCE THAT'S BEEN PROVIDED TO COUNCIL.
08:04:09 >>GUIDO MANISCALCO: NOT ON MY AGENDA.
08:04:14 >>JOHN DINGFELDER: 10 OR 11?
08:04:17 >>MARTIN SHELBY: EXCUSE ME.
08:04:18 I'M SORRY.
08:04:19 I'M READING THE WRONG THING.
08:04:21 IS THAT SUBSTITUTE OR IS THAT AN ORIGINAL?
08:04:31 MY APOLOGIES, COUNCIL.
08:04:37 I MISREAD THAT.
08:04:38 >>JOHN DINGFELDER: OKAY.
08:04:39 IN REGARD TO ITEM 10, VAC-20-06, I MOVE THE FOLLOWING
08:04:45 ORDINANCE ON FIRST READING.
08:04:47 AN ORDINANCE VACATING, CLOSING, DISCONTINUING AND
08:04:50 ABANDONING TWO RIGHTS-OF-WAY LOCATED IN THE BLOCK SOUTH
08:04:53 OF 26th AVENUE, NORTH OF PLYMOUTH STREET, EAST OF
08:04:56 TALIAFERRO AVENUE AND WEST OF NEBRASKA AVENUE WITHIN THE
08:04:58 PLAT OF BONNIEVENTURE SUBDIVISION, A SUBDIVISION IN THE
08:05:03 CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA, AS MORE
08:05:05 FULLY DESCRIBED IN SECTION 1 HEREOF, SUBJECT TO CERTAIN
08:05:09 EASEMENT RESERVATIONS, COVENANTS, CONDITIONS, AND
08:05:11 RESTRICTIONS AS MORE PARTICULARLY SET FORTH HEREIN,
08:05:14 PROVIDING AN EFFECTIVE DATE.
08:05:16 I SAID IT'S FIRST READING --
08:05:19 >> THERE ARE TWO READINGS.
08:05:20 >>JOHN DINGFELDER: ON A VACATING TWO READINGS?
08:05:21 I CORRECT MYSELF.
08:05:22 THIS WAS FIRST READING AND THERE WILL BE A SECOND
08:05:25 READING.
08:05:26 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
08:05:28 DINGFELDER.
08:05:29 A SECOND FROM COUNCILMAN MIRANDA.
08:05:30 ALL IN FAVOR?
08:05:32 ANY OPPOSED?
08:05:33 VERY GOOD.
08:05:38 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING
08:05:40 ABSENT.
08:05:41 SECOND READING AND ADOPTION WILL BE ON JANUARY 14 AT
08:05:44 9:30 A.M.
08:05:46 >>JOHN DINGFELDER: MR. CHAIRMAN, MOVE 16, BE GLAD TO.
08:05:49 >>GUIDO MANISCALCO: YES, SIR, GO AHEAD.
08:05:50 >>JOHN DINGFELDER: ALL RIGHT.
08:05:52 I MOVE ITEM 16, REZ 20-82.
08:05:59 SPECIFICALLY FOR FIRST READING, AN ORDINANCE REZONING
08:06:02 GENERAL VICINITY OF 801 EAST 26th AVENUE IN THE CITY OF
08:06:05 TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 1
08:06:08 FROM ZONING DISTRICT CLASSIFICATION RS-50 (RESIDENTIAL,
08:06:11 SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT, RESIDENTIAL,
08:06:15 MULTIFAMILY); PROVIDING AN EFFECTIVE DATE.
08:06:17 AND INCLUDING THE REVISIONS SHOWN ON STAFF REPORT AND
08:06:23 SPECIFICALLY I FIND THAT THE APPLICANT HAS MET ITS BURDEN
08:06:27 OF PROOF BY COMPETENT, SUBSTANTIAL EVIDENCE.
08:06:30 THE DEVELOPMENT AS CONDITIONED AND SHOWN ON THE SITE PLAN
08:06:32 IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE CITY
08:06:34 CODE.
08:06:35 I FIND THAT THE REQUESTED WAIVERS DO NOT ADVERSELY IMPACT
08:06:38 PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, SPECIFICALLY
08:06:41 I'LL ADOPT THE FINDINGS AND REASONS OF THE PLANNING
08:06:43 COMMISSION REPORT AS RELATED TO ENCOURAGING INFILL
08:06:47 DEVELOPMENT AND TRANSIT OPPORTUNITIES FROM THE VARIOUS
08:06:52 SECTIONS CITED, THAT IT'S ALSO CONSISTENT WITH LAND
08:06:56 DEVELOPMENT CODE 27136 AS RELATED TO SITE PLAN CONTROLLED
08:07:01 DEVELOPMENTS.
08:07:01 THE REQUESTED WAIVERS DO NOT SUBSTANTIALLY INTERFERE WITH
08:07:05 OR INJURE THE RIGHTS OF OTHERS.
08:07:08 AND SPECIFICALLY, I'LL NOTE THAT, AGAIN, IT'S A
08:07:11 CHALLENGING LOCATION.
08:07:13 IT'S A CHALLENGING PARCEL AS THE LAND USE PROFESSIONAL,
08:07:17 MS. SWIFT POINTED OUT.
08:07:20 IT'S LONG AND NARROW.
08:07:21 IT DOESN'T REALLY LINE UP WITH ANY OTHER STREETS.
08:07:25 I WAS HOPING THAT THEY MIGHT BE ABLE TO PUT A PUBLIC
08:07:28 THOROUGHFARE RIGHT THROUGH THE MIDDLE OF IT, BUT IT
08:07:30 DOESN'T LINE UP THAT WAY, SO THERE'S NOT THAT
08:07:35 OPPORTUNITY.
08:07:35 WITH THAT, I MOVE THE REZONING.
08:07:38 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
08:07:39 DINGFELDER.
08:07:40 WE HAVE A SECOND FROM COUNCILMAN MIRANDA.
08:07:42 ALL IN FAVOR?
08:07:43 AYE.
08:07:44 ANY OPPOSED?
08:07:48 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING
08:07:49 ABSENT.
08:07:50 SECOND READING AND ADOPTION WILL BE ON JANUARY 14th AT
08:07:53 9:30 A.M.
08:07:55 >> MY APOLOGIES.
08:07:56 WE DID NOT ENTER THE LETTERS OF SUPPORT INTO THE RECORD.
08:07:59 MAY WE DO THAT AT THIS TIME?
08:08:00 >>GUIDO MANISCALCO: YES.
08:08:02 >>DAVID MECHANIK: THANK YOU.
08:08:03 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
08:08:03 ALL RIGHT, COUNCIL.
08:08:05 IT'S 8:07.
08:08:07 LET'S TAKE A BREAK UNTIL 8:30 JUST TO KEEP IT AT AN EVEN
08:08:11 TIME.
08:08:11 WE ARE IN RECESS UNTIL 8:30.
08:08:13 [ SOUNDING GAVEL ]
08:08:13 [RECESS]
08:35:41 >>GUIDO MANISCALCO: ALL RIGHT.
08:35:41 WE ARE BACK.
08:35:43 ROLL CALL, PLEASE.
08:35:45 >>THE CLERK: VIERA?
08:35:45 >>LUIS VIERA: HERE.
08:35:46 >>ORLANDO GUDES: HERE.
08:35:47 >>JOHN DINGFELDER: HERE.
08:35:49 >> CARLSON?
08:35:50 CITRO?
08:35:52 >>JOSEPH CITRO: YES.
08:35:52 >>CHARLIE MIRANDA: HERE.
08:35:54 >>GUIDO MANISCALCO: HERE.
08:35:55 NEXT UP IS ITEM NUMBER 12.
08:35:57 >>RYAN MANASSE: RYAN MANASSE, DEVELOPMENT COORDINATION.
08:36:03 >>MARTIN SHELBY: DID YOU WANT TO SWEAR IN ANY WITNESSES?
08:36:05 >>GUIDO MANISCALCO: IF YOU'RE GOING TO SPEAK ON 12 TO 21,
08:36:07 WHICH CONCLUDES THE AGENDA, PLEASE RAISE YOUR RIGHT-HAND
08:36:10 AND WE'LL SWEAR YOU IN AND GET IT OUT OF THE WAY NOW.
08:36:14 [OATH ADMINISTERED]
08:36:20 >>GUIDO MANISCALCO: ALL RIGHT.
08:36:21 ITEM NUMBER 12.
08:36:22 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
08:36:24 ITEM NUMBER 12, FILE REZ 20-63 FOR THE PROPERTY LOCATED
08:36:28 AT 501 NORTH HOWARD AVENUE, 2113 WEST GRAY STREET AND
08:36:34 2114 AND 2118 WEST CARMEN STREET.
08:36:37 THE REQUEST BEFORE YOU IS GOING FROM PD AND RS 50 TO PD
08:36:41 FOR OFFICE MEDICAL AND BUSINESS PROFESSIONAL USES.
08:36:44 I'LL DEFER TO THE PLANNING COMMISSION FOR THEIR REPORT.
08:36:46 AND PLEASE RETURN TO ME SO I CAN FINISH MINE.
08:36:49 >>GUIDO MANISCALCO: ALL RIGHT.
08:36:49 GO AHEAD.
08:36:51 >>DAVID HEY: GOOD EVENING, COUNCIL MEMBERS.
08:36:53 DAVID HEY WITH YOUR PLANNING COMMISSION STAFF.
08:36:55 I HAVE BEEN SWORN.
08:36:57 IF WE CAN SHARE MY SCREEN, PLEASE.
08:37:05 >>GUIDO MANISCALCO: YES, SIR, WE CAN SEE.
08:37:07 >>DAVID HEY: HOPEFULLY YOU'RE SEEING MY SCREEN.
08:37:09 THIS CASE IS REZ 20-63.
08:37:13 WE'RE LOCATED IN THE CENTRAL TAMPA PLANNING DISTRICT,
08:37:16 MORE SPECIFICALLY THE WEST TAMPA URBAN VILLAGE AND THE
08:37:21 NORTH HYDE PARK NEIGHBORHOOD.
08:37:23 THE SUBJECT SITE IS LOCATED WITHIN PROXIMITY TO TRANSIT.
08:37:27 THE CLOSEST TRANSIT STOP IS ONE BLOCK TO THE NORTH OF THE
08:37:31 SITE ON NORTH HOWARD AVENUE.
08:37:33 THE CLOSEST PUBLIC RECREATIONAL FACILITY IS VILA BROTHERS
08:37:37 PARK, WHICH IS WITHIN ONE-FOURTH OF A MILE TO THE
08:37:40 NORTHWEST OF THE SUBJECT SITE.
08:37:43 AND THE SUBJECT SITE IS LOCATED WITHIN THE LEVEL C
08:37:46 EVACUATION ZONE.
08:37:48 HERE WE HAVE THE AERIAL.
08:37:51 YOU CAN SEE THE SUBJECT SITE, IT ACTUALLY CONTAINS THREE
08:37:54 SEPARATE PARCELS.
08:37:57 THIS IS WEST GRAY STREET ON THE SOUTH.
08:37:59 WE HAVE NORTH HOWARD AVENUE TO THE WEST.
08:38:02 THIS IS THE BRYAN GLAZER COMMUNITY CENTER, JEWISH
08:38:07 COMMUNITY CENTER.
08:38:08 HOWARD AVENUE, THERE'S A MIX OF OFFICE USES AND SOME
08:38:13 RESIDENTIAL USES SCATTERED THROUGHOUT, AND THEN ONCE YOU
08:38:15 GET OFF OF NORTH HOWARD, IT'S PREDOMINANTLY SINGLE-FAMILY
08:38:19 DETACHED WITH SOME DUPLEXES OR OLDER MULTIFAMILY.
08:38:26 HERE WE HAVE THE FUTURE LAND USE MAP.
08:38:33 THE SITE ACTUALLY HAS TWO FUTURE LAND USE DESIGNATIONS.
08:38:40 THE WEST SIDE IN THE RED ALONG NORTH HOWARD AVENUE IS THE
08:38:45 COMMUNITY MIXED USE-35.
08:38:48 AND THEN THE EASTERN PORTION, THE MAJORITY OF THE SITE IS
08:38:52 WITHIN THAT RESIDENTIAL 10, WHICH IS THE TAN COLOR HERE.
08:38:56 THE BRYAN GLAZER JEWISH COMMUNITY CENTER AND SOUTH OF THE
08:39:02 SUBJECT SITE IN THIS PINK IS THE COMMUNITY MIXED USE 35
08:39:06 FUTURE LAND USE CATEGORY.
08:39:07 THAT'S ALSO PREVALENT UP ON WEST CASS STREET ONE BLOCK TO
08:39:11 THE NORTH.
08:39:12 AND THEN WE HAVE SOME RESIDENTIAL 20 WITHIN THESE BROWNS
08:39:17 TO THE SOUTH OF THE SITE.
08:39:21 THE PROPOSED COMMERCIAL STRUCTURE WILL BE IN A PORTION OF
08:39:25 THE SITE.
08:39:26 THIS IS THE RED HERE, DESIGNATED THAT COMMUNITY
08:39:29 COMMERCIAL 35 AND THE PARKING WILL BE WITHIN THE PORTIONS
08:39:34 OF THE RESIDENTIAL TEN.
08:39:36 SO THE PARKING AREA IS LARGER THAN THE STRUCTURE.
08:39:40 GIVEN THE COMMERCIAL DEVELOPMENT PATTERN ON THIS PORTION
08:39:42 OF NORTH HOWARD AVENUE, THE PLANNING COMMISSION STAFF HAS
08:39:45 DETERMINED THAT THE REQUEST WOULD NOT BE OUT OF CHARACTER
08:39:48 WITH THE SURROUNDING AREA CONSISTING OF OFFICE USES AND
08:39:55 OTHER LIGHT COMMERCIAL USES.
08:39:57 THE CITY OF TAMPA COMPREHENSIVE PLAN RECOGNIZES NORTH
08:40:01 HOWARD AVENUE AS BOTH A TRANSIT EMPHASIS AND MIXED USE
08:40:05 CORRIDOR.
08:40:06 SPECIFIC POLICY LANGUAGE WITHIN THE COMP PLAN DEALING
08:40:09 WITH BOTH OF THOSE DESIGNATIONS.
08:40:12 THE PLAN SUPPORTS DEVELOPMENT ALONG MIXED USE CORRIDORS
08:40:15 THAT PROMOTE REDEVELOPMENT PATTERNS AND STREETSCAPE
08:40:19 IMPROVEMENTS THAT TRANSFORM THE VISUAL AND PHYSICAL
08:40:22 CHARACTER OF THESE CORRIDORS.
08:40:24 THE PROPOSED OFFICE IS PLACED CLOSE TO THE PUBLIC
08:40:27 SIDEWALK UP ALONG NORTH HOWARD AVENUE AND PARKING IS IN
08:40:30 THE REAR OF THE BUILDING.
08:40:32 AND THE ENTRANCE TO THE BUILDING IS ORIENTED WITH NORTH
08:40:35 HOWARD AVENUE, WHICH IS CONSISTENT WITH THIS POLICY
08:40:38 DIRECTION REGARDING MIXED USE CORRIDORS.
08:40:41 THE PLANNED DEVELOPMENT IS PROPOSING A PARKING LOT ON THE
08:40:44 NORTH SIDE OF THE ALLEY.
08:40:46 THAT'S HERE.
08:40:47 JUST ON THE SOUTH SIDE OF CARMEN, WHICH SEPARATES PARKING
08:40:52 FROM -- IT'S AN ALLEY WHICH SEPARATES THE PARKING AREA
08:40:56 FROM THE OFFICE.
08:40:57 PER LAND USE POLICY 15.3.5, THE DESIGN OF PARKING BAYS
08:41:03 WITHIN PARKING LOTS SHOULD FACILITATE SAFE AND CONVENIENT
08:41:07 WALKING TO BUILDING ENTRANCES SINCE THERE ARE NO
08:41:11 CROSSWALKS PROVIDED WITHIN THE PARKING AREA AND THERE'S
08:41:13 NO CONNECTION TO THE SIDEWALK ON CARMEN STREET, IT IS
08:41:16 UNCLEAR HOW THE POLICY IS MET.
08:41:20 TO ENSURE CONSISTENCY WITH LAND USE POLICY 15.3.5, THE
08:41:24 PLANNING COMMISSION STAFF WOULD STRONGLY ENCOURAGE THE
08:41:27 APPLICANT BETWEEN FIRST AND SECOND READING TO PROVIDE
08:41:30 BETTER SIDEWALK INTEGRATION WITHIN THE SITE.
08:41:34 THE PLANNING COMMISSION STAFF PRESENTED THESE CONCERNS TO
08:41:36 THE APPLICANT IN THE DEVELOPMENT REVIEW COMMITTEE REPORT,
08:41:40 AND THOSE CONCERNS WERE NOT ADDRESSED.
08:41:43 IN CONCLUSION, THE PLANNED DEVELOPMENT OVERALL IS
08:41:46 COMPARABLE AND COMPATIBLE WITH THE COMMERCIAL DEVELOPMENT
08:41:49 PATTERN ON THIS PORTION OF NORTH HOWARD AVENUE.
08:41:52 WHILE THE APPLICANT ATTEMPTS TO ADDRESS THE MIXED USE
08:41:55 CORRIDOR POLICIES, THE PLANNING COMMISSION STAFF AGAIN
08:41:57 WOULD REQUEST THAT THAT SIDEWALK ISSUE BE DEALT WITH
08:42:00 BETWEEN FIRST AND SECOND READING.
08:42:02 BASED ON THOSE CONSIDERATIONS, THE PLANNING COMMISSION
08:42:04 STAFF DOES FIND THE PROPOSED PLANNED DEVELOPMENT
08:42:07 CONSISTENT WITH THE PROVISIONS OF THE IMAGINE 2040 TAMPA
08:42:11 COMPREHENSIVE PLAN.
08:42:12 THAT CONCLUDES MY PRESENTATION.
08:42:14 THANK YOU.
08:42:14 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
08:42:16 >>JOHN DINGFELDER: DAVID, CAN YOU HEAR ME?
08:42:18 >>DAVID HEY: YES.
08:42:19 >>JOHN DINGFELDER: THANKS FOR YOUR PRESENTATION.
08:42:22 THIS IS COUNCILMAN DINGFELDER.
08:42:23 SO JUST TO CLARIFY, LOOKING AT THE MAP THAT WE'RE LOOKING
08:42:28 AT, THE ORANGE COLOR IS RESIDENTIAL 10?
08:42:33 >>DAVID HEY: CORRECT.
08:42:34 >>JOHN DINGFELDER: AND I SEE A LOT OF PARCELS THERE.
08:42:41 I CAN'T SEE THE HOUSES, OBVIOUSLY, BUT I SEE A LOT OF
08:42:46 WHAT LOOKS TO BE PERHAPS 50-FOOT SINGLE-FAMILY PARCELS
08:42:52 BOTH ON GRAY AND ON CARMEN PRETTY CLOSE TO THE SITE OR
08:42:58 IMMEDIATELY ADJACENT TO THE PROPOSED PARKING LOTS.
08:43:06 >>DAVID HEY: HERE.
08:43:06 >>JOHN DINGFELDER: RIGHT.
08:43:07 AND ACROSS THE STREET ON CARMEN, UP -- RIGHT.
08:43:12 SO IS THERE ANY COMMERCIAL INTRUSION ALONG CARMEN STREET
08:43:20 UP THERE OR ALONG THE REST OF GRAY?
08:43:25 >>DAVID HEY: THERE IS VEHICULAR ACCESS POINTS ON GRAY.
08:43:29 I DO NOT BELIEVE THERE'S ANY ON CARMEN.
08:43:32 I DON'T HAVE THE SITE PLAN IN FRONT OF ME.
08:43:34 I THINK THEY ARE GAINING ACCESS TO THAT NORTHERN PORTION
08:43:39 --
08:43:40 >>JOHN DINGFELDER: I'M NOT TALKING ABOUT ACCESS, DAVID.
08:43:44 I'M TALKING ABOUT PARKING LOTS, STRUCTURES ANY OTHER
08:43:47 TYPES OF COMMERCIAL INTRUSION INTO THAT RESIDENTIAL 10
08:43:50 AREA.
08:43:50 >>DAVID HEY: WELL, TYPICALLY, COUNCILMAN, TYPICALLY WE
08:43:54 DON'T CONSIDER IF THERE'S NOT A VEHICULAR ACCESS POINT,
08:43:59 THAT IT'S A COMMERCIAL INTRUSION.
08:44:01 YOU SEE A LOT OF PARKING AREAS AS OUR CORRIDORS BECOME
08:44:06 MORE INTENSIVE, THEY SOMETIMES HAVE TO PROVIDE BECAUSE WE
08:44:10 HAVE REQUIRED PARKING IN THE LAND DEVELOPMENT CODE, THAT
08:44:14 TIMES THEY HAVE TO LOOK AT THE RESIDENTIAL LOTS BEHIND
08:44:17 IT.
08:44:17 I BELIEVE SOME OF THESE, ESPECIALLY THE ONES ON GRAY, ARE
08:44:20 ALREADY UTILIZED FOR PARKING, BUT SINCE THERE'S NOT AN
08:44:28 ACCESS POINT ON CARMEN, WE DO NOT, BECAUSE THEY COULD
08:44:32 ADEQUATELY SCREEN THAT, SO THEN TYPICALLY YOU WOULDN'T
08:44:35 HAVE ANY COMMERCIAL TRAFFIC ON CARMEN OR VISUAL BECAUSE
08:44:41 OF THAT BUFFER.
08:44:43 AND THEN ON GRAY STREET, ON THE SOUTH SIDE, YOU'VE GOT
08:44:46 COMMUNITY MIXED USE 35 THAT ACTUALLY GOES BACK TO
08:44:49 WESTLAND AVENUE.
08:44:52 >>JOHN DINGFELDER: WHAT I'M REFERRING TO SPECIFICALLY IS
08:44:54 THE ORANGE-COLORED AREA.
08:44:57 IS THERE, TO YOUR KNOWLEDGE, IS THERE ANY STRUCTURES OR
08:45:02 PARKING LOTS THAT ARE IN THAT ORANGE AREA?
08:45:09 >>DAVID HEY: I BELIEVE THERE'S SOME PARKING AND SOME
08:45:11 STRUCTURES.
08:45:11 CURRENTLY.
08:45:14 >>JOHN DINGFELDER: ALL RIGHT.
08:45:15 THANK YOU.
08:45:16 >>DAVID HEY: SURE.
08:45:16 >>GUIDO MANISCALCO: ANYBODY ELSE?
08:45:17 ALL RIGHT.
08:45:20 THANK YOU.
08:45:20 MR. MANASSE.
08:45:21 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
08:45:23 AGAIN, THIS IS ITEM NUMBER 12, FILE REZ 20-63.
08:45:28 THE APPLICANT IS PROPOSING TO REZONE THE PROPERTY AT 501
08:45:32 NORTH HOWARD AVENUE, 2113 WEST GRAY STREET AND 2114 AND
08:45:37 2118 WEST CARMEN STREET FROM PLANNED DEVELOPMENT, WHICH
08:45:39 IS CURRENTLY APPROVED UNDER PD FILE Z05-130, ORDINANCE
08:45:44 2005-287 MEDICAL OFFICE USE AND RESIDENTIAL SINGLE-FAMILY
08:45:48 50, RS 50 TO THE PLANNED DEVELOPMENT TO ALLOW FOR THE
08:45:51 DEVELOPMENT OF AN EXPANDED PARKING AREA TO THE NORTH AND
08:45:55 THE ADDITION OF BUSINESS PROFESSIONAL OFFICE USE TO THE
08:45:57 EXISTING 7,069-SQUARE-FOOT MEDICAL OFFICE USE.
08:46:01 THE PROPERTY CURRENTLY CONTAINS A MEDICAL OFFICE USE AND
08:46:05 THE EXISTING SIGNAGE AND PARKING WILL REMAIN.
08:46:07 THE .99-ACRE PROPERTY IS LOCATED ON THE NORTHEAST
08:46:10 INTERSECTION OF NORTH ARMENIA AVENUE AND WEST GRAY
08:46:13 STREET.
08:46:13 AND THE SUBJECT SITE IS SURROUNDED BY RESIDENTIAL AND
08:46:15 COMMERCIAL USES TO THE NORTH IN THE COMMERCIAL INTENSIVE,
08:46:19 CI ZONING DISTRICT AND RESIDENTIAL SINGLE-FAMILY 50
08:46:22 ZONING DISTRICTS.
08:46:24 OFFICE AND RESIDENTIAL USES TO THE SOUTH IN THE PLANNED
08:46:27 DEVELOPMENT AND RESIDENTIAL MULTIFAMILY 16 ZONING
08:46:29 DISTRICT, AND RESIDENTIAL USES TO THE EAST IN THE RS 50
08:46:34 ZONING DISTRICT.
08:46:35 JCC IS TO THE WEST AND THAT WAS FOR -- APPROVED AS PD FOR
08:46:39 DAY CARE, PRESCHOOL, RECREATIONAL FACILITY, COMMERCIAL
08:46:43 PRIVATE -- SORRY, PRIVATE COMMERCIAL RECREATIONAL
08:46:46 FACILITY, PLACE OF RELIGIOUS ASSEMBLY AND PUBLIC CULTURAL
08:46:49 FACILITY, AND THAT'S AGAIN IN THAT WEST AREA.
08:46:52 THE PD SETBACKS PER THE SITE PLAN ARE NORTH ZERO FEET,
08:46:56 SOUTH TEN FEET, WEST FOUR FEET AND EAST 200 FEET.
08:46:59 THE MAXIMUM BUILDING HEIGHT OF THE EXISTING BUILDING IS
08:47:03 35 FEET.
08:47:04 AND THE REQUIRED PARKING BASED ON THE MOST INTENSIVE USE
08:47:07 AS MEDICAL OFFICE IS 42 PARKING SPACES, AND THEY ARE
08:47:11 PROVIDING 81 SPACES.
08:47:12 PAGE 4 IN YOUR STAFF REPORT 27-136 FOR THE PURPOSE AND
08:47:22 STAFF DOES OUTLINE SOME DESCRIPTIONS FOR THOSE ITEMS.
08:47:28 OBVIOUSLY, BE WARY OF SECTION 27-139 FOR WAIVERS AND THE
08:47:33 CRITERIA FOR CONSIDERATION THROUGH THE SITE-PLAN
08:47:35 CONTROLLED DISTRICT.
08:47:36 THERE IS HISTORIC LANDMARK STRUCTURE WITHIN A THOUSAND
08:47:39 FEET OF THE SUBJECT PROPERTY.
08:47:40 IT IS THE FORT HOMER HESTERLY ARMORY AT 522 NORTH HOWARD
08:47:44 AVENUE UNDER ORDINANCE 2006-312, ORDINANCE DATE
08:47:50 12/5/2006.
08:47:54 THERE ARE SITE PLAN MODIFICATIONS REQUIRED BETWEEN FIRST
08:47:56 AND SECOND READING OF THIS PETITION.
08:47:58 OVERALL, JUST TO SHOW YOU ON THE SITE PLAN AND MAYBE I
08:48:03 KNOW DAVID WAS ALLUDING TO SOME OF IT AS WELL.
08:48:06 THERE IS NO ACCESS TO THE NORTH PORTION.
08:48:08 THE EXISTING MEDICAL OFFICE IS HERE.
08:48:10 THE EXISTING PARKING LOT, BEING HERE, WHAT THE APPLICANT
08:48:14 IS PROPOSING IS THIS NEW LOT TO BE COMBINED ALL OF THE
08:48:18 LOTS INTO ONE PD WITH THAT USE OF BUSINESS PROFESSIONAL
08:48:20 OFFICE AS WELL AS MEDICAL OFFICE BUT THEN HAVE THIS
08:48:23 EXPANDED PARKING AREA UP HERE.
08:48:25 AS FAR AS THE AERIAL, I WAS TRYING TO LOOK FOR IT,
08:48:31 COUNCILMAN DINGFELDER, AS YOU'RE ASKING DAVID TO SEE IF
08:48:34 THERE WERE ANY OTHER PARKING LOTS IN THE AREA.
08:48:37 BUT THROUGH THIS PD REZONING, THEY CAN USE THIS AS A
08:48:42 CONSIDERATION BEING COMPATIBLE WITH THIS REZONING
08:48:46 REQUEST.
08:48:47 LET ME SHOW YOU SOME PICTURES.
08:48:54 SO THIS IS THE FACE I TOOK OF NORTH HOWARD.
08:48:58 THIS IS THE EXISTING OFFICE STRUCTURE.
08:49:00 AND THERE'S THE EXISTING PARKING LOT.
08:49:03 THIS WOULD BE GOING TO THE EAST HERE.
08:49:04 AGAIN, THE PARKING LOT SHOWING THE BUFFER WALL THAT'S
08:49:10 BETWEEN THE EXISTING PARKING LOT AND THEN THE CLOSEST
08:49:13 RESIDENTIAL.
08:49:13 TO THE SOUTH.
08:49:20 SO THIS IS THAT STRUCTURE THAT YOU SEE RIGHT HERE.
08:49:22 SINGLE-FAMILY RESIDENTIAL, AND YOU CAN SEE THERE IS A
08:49:25 SOLID CONCRETE WALL THERE.
08:49:26 TO ANSWER YOUR QUESTION TO THE SOUTH HERE, WE'LL HAVE
08:49:28 SOME PICTURES IN A MOMENT.
08:49:30 I'LL SHOW YOU THE MULTIFAMILY THAT'S THERE.
08:49:31 I'M SORRY.
08:49:33 I'M PULLING OFFSCREEN.
08:49:34 THIS IS THE EXISTING, IT'S AN ALLEYWAY, AND IT MIGHT BE
08:49:37 BETTER SHOWN ON THIS LITTLE VICINITY HERE.
08:49:40 AS YOU CAN SEE, THERE IS AN ALLEYWAY RIGHT HERE AND THEN
08:49:43 IT GOES NORTH.
08:49:44 THIS IS THE ONE GOING EAST.
08:49:48 THIS IS THE STRUCTURE TO THE NORTH.
08:49:51 IT'S SINGLE-FAMILY CURRENTLY, AND IT WOULD BE OUTLINED
08:49:53 HERE IN RED.
08:49:54 THIS IS WHERE THE EXPANDED AREA IS FOR THAT PARKING THAT
08:49:57 THE APPLICANT IS PROPOSING.
08:49:59 AND JUST TO BRING UP SINCE THE PREVIOUS HEARING, THIS WAS
08:50:04 CONTINUED FOR THE APPLICANT TO GO BACK TO HISTORIC
08:50:07 PRESERVATION TO GET A DETERMINATION ON THAT PROPERTY.
08:50:11 THE 2118 WEST CARMEN STREET.
08:50:14 THIS IS THE MEMORANDUM FROM HISTORIC PRESERVATION.
08:50:17 IT'S STATING WHILE MR. TOKLEY IS A VERY RESPECTED AND
08:50:20 LIVING POET WHO IS ACTIVE IN HIS FIELD, THE PROPERTY DOES
08:50:23 NOT ESTABLISH THE CRITERIA AS ESTABLISHED FOR HISTORIC
08:50:25 SIGNIFICANCE BY THE CITY OF TAMPA CODE OF ORDINANCES
08:50:27 SECTION 27-257-A-1, 2 I THROUGH IV.
08:50:34 THE MOTION WAS APPROVED WITH A VOTE OF 6-00.
08:50:37 I JUST WANTED TO PUT THAT ON THE RECORD BECAUSE THERE WAS
08:50:39 A LOT OF DISCUSSION ABOUT THIS STRUCTURE BEING
08:50:41 DEMOLISHED.
08:50:42 AGAIN, THIS IS WHERE THAT EXPANDED PARKING WILL BE.
08:50:44 I TRIED TO GET A PICTURE OF THE EXISTING PARKING LOT AND
08:50:47 THE SINGLE-FAMILY HERE TO THE WEST.
08:50:50 THIS IS TO THE NORTH.
08:50:52 NEWLY HOMES BEING BUILT.
08:50:53 AND THAT WOULD BE NORTH OF CARMEN STREET.
08:50:56 THIS IS TO THE SOUTH.
08:51:00 YOU CAN SEE IT'S MORE OF A MULTIFAMILY.
08:51:04 AGAIN, THE ABUTTING NEIGHBOR, SINGLE-FAMILY.
08:51:08 AND THEN THE JCC TO THE WEST.
08:51:11 AND THIS IS ABUTTING NEIGHBOR TO THE EAST OF THIS -- THIS
08:51:16 WOULD BE ON CARMEN STREET, WHERE THE PARKING LOT WOULD
08:51:18 BE, THE EXPANDED PARKING AREA.
08:51:21 SINGLE-FAMILY HOME.
08:51:21 AND THAT'S JUST THE ALLEYWAY THAT'S GOING NORTH, AS YOU
08:51:27 CAN SEE HERE, THROUGH THE PROPERTY.
08:51:28 WITH THAT BEING SAID, THE DEVELOPMENT REVIEW AND
08:51:33 COMPLIANCE STAFF HAS REVIEWED THE APPLICATION, AND WE DO
08:51:36 FIND THE REQUEST CONSISTENT WITH THE CITY OF TAMPA LAND
08:51:38 DEVELOPMENT CODE.
08:51:39 IN THE EVENT THAT CITY COUNCIL DOES APPROVE THE REQUEST,
08:51:42 AS WELL AS THE WAIVERS, THERE ARE THREE BEING REQUESTED
08:51:44 ON PAGE 1 OF YOUR STAFF REPORT.
08:51:46 THE REPORT OUTLINES ADDITIONAL MODIFICATIONS TO BE
08:51:49 COMPLETED BETWEEN FIRST AND SECOND READING OF THE
08:51:51 ORDINANCES.
08:51:51 NOW, I WILL SAY BEFORE I TURN IT OVER TO THE AGENT, THAT
08:51:54 THE AGENT HAS REQUESTED SOME POSSIBLE CHANGES THAT HE
08:51:57 ADDRESSED WITH THE NEIGHBORHOOD CONCERN.
08:51:59 I'LL LET HIM GO INTO MORE DETAIL WITH IT.
08:52:02 STAFF DID TAKE A LOOK AT THEM, HOWEVER, SO IF IT'S
08:52:05 SOMETHING THAT THE AGENT DOES WANT TO GO FORWARD WITH,
08:52:07 WHICH WOULD REDUCE SOME WAIVERS, THESE WOULD STILL BE
08:52:10 MINOR MODIFICATIONS BETWEEN FIRST AND SECOND READING THAT
08:52:13 COULD BE ACCOMPLISHED.
08:52:13 STAFF IS AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
08:52:15 >>GUIDO MANISCALCO: COUNCILMAN CITRO?
08:52:17 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
08:52:18 MR. MANASSE, FOR THIS SQUARE FOOTAGE OF THIS BUILDING,
08:52:22 HOW MANY PARKING SPACES ARE REQUIRED?
08:52:26 >>RYAN MANASSE: 42 PARKING SPACES.
08:52:29 THE PROPOSAL BEFORE YOU, MINUS ANY CHANGES THAT THE AGENT
08:52:32 MAY REQUEST, OR SHOW WOULD BE 81 SPACES PROVIDED.
08:52:37 >>JOSEPH CITRO: HOW MANY SQUARE FOOT IS THE BUILDING, IF
08:52:40 YOU KNOW OFFHAND?
08:52:42 >>RYAN MANASSE: 7,069 SQUARE FEET.
08:52:46 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. MANASSE.
08:52:47 >>RYAN MANASSE: YES, SIR.
08:52:48 >>GUIDO MANISCALCO: ALL RIGHT.
08:52:49 THANK YOU VERY MUCH.
08:52:50 ARE THERE ANY OTHER QUESTIONS?
08:52:51 COUNCILMAN DINGFELDER.
08:52:52 >>JOHN DINGFELDER: JUST A FOLLOW-UP TO MR. CITRO'S
08:52:55 QUESTION.
08:52:55 SO HOW MANY SPACES ARE THERE CURRENTLY IN THE EXISTING
08:53:02 LOT, THE SOUTHERN LOT?
08:53:06 >>RYAN MANASSE: I WOULD HAVE TO COUNT THEM, SIR.
08:53:09 UNLESS JONATHAN SCOTT WITH TRANSPORTATION WOULD KNOW OFF
08:53:11 THE TOP OF HIS HEAD BY LOOKING AT THE APPLICATION.
08:53:14 BUT THE EXISTING LOTS ARE JUST TO SHOW YOU ON THE SITE
08:53:16 PLAN WOULD BE RIGHT HERE.
08:53:19 >>JOHN DINGFELDER: RIGHT.
08:53:20 WHAT I'M TRYING TO FIGURE OUT -- AND I THINK THAT'S WHERE
08:53:22 MR. CITRO WAS HEADED BEFORE -- WAS DOES THE EXISTING LOT
08:53:27 SATISFY THE NEEDS OF THE BUILDING?
08:53:33 IN TERMS OF THE REQUIREMENT, YOU KNOW, THE REQUIREMENT.
08:53:39 AN EXISTING BUILDING, EXISTING LOT, SO THAT'S WHAT I'M A
08:53:45 LITTLE CONFUSED ABOUT.
08:53:47 >> MR. DINGFELDER, WE HAVE A PRESENTATION JUST TO ADDRESS
08:53:50 THAT PARTICULAR PORTION.
08:53:52 >>RYAN MANASSE: IN THE MEANTIME, SIR, I CAN HAVE JONATHAN
08:53:54 TAKE A LOOK AT THE SITE PLAN TO GET THAT ANSWER AS WELL
08:53:57 AS STAFF.
08:53:58 >>JOHN DINGFELDER: ALL RIGHT.
08:53:59 COME BACK TO US AFTERWARDS.
08:54:00 >>RYAN MANASSE: YES, SIR.
08:54:01 >>GUIDO MANISCALCO: ALL RIGHT.
08:54:02 ANYBODY ELSE?
08:54:04 >>DAVID MECHANIK: GOOD EVENING, MR. CHAIRMAN, COUNCIL
08:54:07 MEMBERS.
08:54:07 THIS IS DAVID MECHANIK, 305 SOUTH BOULEVARD, TAMPA,
08:54:11 FLORIDA.
08:54:11 I PROMISE THIS IS MY LAST ONE THIS EVENING.
08:54:14 >>ORLANDO GUDES: YOU PROMISE?
08:54:16 >>DAVID MECHANIK: PROMISE.
08:54:17 WE HAVE SOME DOCUMENTS TO ENTER INTO THE RECORD, AND THEY
08:54:21 WILL BE REFERRED TO DURING THE PRESENTATION.
08:54:23 I HAVE WITH ME VIRTUALLY RANDY COEN WHO WILL DO A
08:54:29 PRESENTATION BOTH WITH RESPECT TO THE PARKING DEMAND AS
08:54:33 WELL AS THE QUESTION ABOUT COMPATIBILITY OF THE EXPANSION
08:54:42 OF THE PARKING LOT FOR THE EYE CLINIC.
08:54:44 JUST A FEW HOUSEKEEPING ITEMS, WE DO AGREE WITH ALL THE
08:54:52 CHANGES THAT THE STAFF HAVE REQUESTED FOR THE SITE PLAN.
08:54:55 I'D LIKE TO CLARIFY, THE ONLY CHANGE WE ASKED RYAN TO
08:55:05 MAKE WAS WE ARE ELIMINATING WAIVERS TWO AND THREE.
08:55:09 WE INITIALLY ASKED FOR A WAIVER OF THE BUFFER ON THE EAST
08:55:16 AND WEST PROPERTY LINES FROM 15 FEET TO 10 FEET, HOWEVER,
08:55:24 IN RESPONSE TO SOME CONCERNS WITH THE NEIGHBORS, WE'VE
08:55:31 ELIMINATED THE WAIVER REQUEST, SO THAT THE BUFFERS ARE AT
08:55:36 CODE AT 15 FEET ON BOTH PROPERTY BOUNDARIES.
08:55:42 IT CAUSES THE REQUESTED PARKING AREA TO BE REDUCED BY
08:55:48 19%.
08:55:49 AND RANDY WILL GIVE YOU THE SPECIFIC NUMBERS ON THAT.
08:55:53 ALSO, WAIVER TWO THEN GETS ELIMINATED BECAUSE WITH THE
08:55:56 INCREASED BUFFER, WE'RE ABLE TO PLANT REPLACEMENT TREES
08:56:00 IN THAT BUFFER AREA.
08:56:02 WE DON'T NEED TO PAY INTO THE TREE BANK.
08:56:07 ONE OTHER JUST ITEM THAT RYAN DID DISCUSS, I'D LIKE TO GO
08:56:15 INTO SLIGHTLY MORE DETAIL.
08:56:17 WE APPLIED AT THE HISTORIC PRESERVATION COMMISSION TO
08:56:22 DETERMINE WHETHER OR NOT THE HOUSE AT 2118 WEST CARMEN
08:56:27 WAS HISTORIC.
08:56:29 WE WENT TO A NOTICED PUBLIC HEARING ON DECEMBER 1st,
08:56:36 AND THAT WAS -- BY THE WAY, THAT'S THE SAME NOTICE THAT
08:56:39 THE NEIGHBORS GET FOR A REZONING.
08:56:43 IT'S A 250-FOOT RADIUS SURROUNDING THE SUBJECT PROPERTY.
08:56:50 AS RYAN JUST MENTIONED, THE HISTORIC PRESERVATION
08:56:53 COMMISSION DETERMINED THAT THE HOUSE DID NOT MEET THE
08:56:59 CRITERIA FOR HISTORIC STATUS UNDER THE CITY OF TAMPA
08:57:06 CRITERIA.
08:57:06 I WOULD ALSO JUST NOTE THAT NO ONE FROM THE PUBLIC
08:57:11 ATTENDED THAT HEARING.
08:57:13 AT THIS POINT, I WOULD LIKE TO INTRODUCE RANDY.
08:57:18 I HOPE HE'S HERE VIRTUALLY SOMEWHERE.
08:57:21 I'D LIKE HIM TO SPEAK TO THE PARKING DEMAND AND
08:57:29 COMPATIBILITY ISSUES.
08:57:30 >> GOOD EVENING.
08:57:30 RANDY COEN.
08:57:32 HOPE YOU CAN HEAR ME.
08:57:33 >>GUIDO MANISCALCO: YES.
08:57:33 WERE YOU SWORN IN, SIR?
08:57:35 >> THAT'S WHAT I WAS GOING TO SAY.
08:57:36 MY SCREEN WAS NOT TURNED ON BY STAFF UNTIL AFTER THE
08:57:39 SWEARING, SO I NEED TO BE SWORN IN.
08:57:43 [OATH ADMINISTERED]
08:57:47 >> I DO.
08:57:49 >>THE CLERK: THANK YOU.
08:57:51 >> I WOULD LIKE TO SHARE MY SCREEN, IF THAT'S POSSIBLE.
08:57:54 THANK YOU.
08:58:06 I WANT TO TALK FIRST ABOUT THE SITE PLAN JUST TO DESCRIBE
08:58:09 WHAT'S GOING ON.
08:58:11 >>GUIDO MANISCALCO: WE DON'T SEE IT YET.
08:58:13 >> WE'RE INCREASING THE BUFFER ON THE EAST SIDE OF THE
08:58:15 PROPERTY BY 50% AND ON THE WEST SIDE OF THE PROPERTY BY
08:58:20 50%.
08:58:21 THAT RESULTS IN OUR PARKING SPACES BEING REDUCED BY 19%.
08:58:25 >>GUIDO MANISCALCO: WE DON'T SEE YOUR SCREEN YET, SIR.
08:58:28 >> OH, OKAY.
08:58:30 I'M SORRY.
08:58:30 >>GUIDO MANISCALCO: DID YOU SHARE IT?
08:58:35 >> OKAY.
08:58:36 WE HAVE IT HERE.
08:58:36 I'M SORRY.
08:58:37 THIS IS A COLORIZED VERSION OF THE SITE PLAN.
08:58:42 A PARKING LOT THAT SEEMS TO BE THE MOST IN QUESTION IS
08:58:47 THIS ONE UP HERE.
08:58:48 THE TWO WAIVERS WE'RE REMOVING WOULD REQUIRE THAT THIS
08:58:51 BUFFER BE INCREASED BY 50% ALL THE WAY DOWN THE SITE, AS
08:58:55 WELL AS THIS BUFFER OVER HERE TO THE WEST.
08:58:59 OUR SETBACK FROM CARMEN STREET IS THE AVERAGE OF THE
08:59:03 SETBACKS, HOMES IN THIS GENERAL AREA, SO WE'RE
08:59:05 MAINTAINING THAT FRONTAGE AS WELL.
08:59:07 THESE CHANGES DO REDUCE OUR PARKING, ADDITIONAL PARKING
08:59:10 BY 15% -- BY 19%, EXCUSE ME, FROM 82 SPACES TO 71 SPACES.
08:59:17 WITH THIS DESIGN, WE'RE ABLE TO KEEP BOTH OF THE GRAND
08:59:20 TREES THAT ARE CURRENTLY ON THE PROPERTY THAT FORM PART
08:59:23 OF THE FRONT YARD OF THE HOUSE THAT'S BEEN THE SUBJECT OF
08:59:26 DISCUSSION.
08:59:26 WE DO PROVIDE ALL OF THE SCREENING AND BUFFERING IN CODE.
08:59:30 WE ARE CONSISTENT WITH THE OVERLAY, THE WEST TAMPA
08:59:34 OVERLAY ITSELF.
08:59:37 MOVING FROM THIS LITTLE BIT TO ANSWER COUNCILMAN
08:59:40 DINGFELDER'S QUESTION, THE ORIGINAL PROPOSAL WAS FOR 82
08:59:43 SPACES.
08:59:44 THAT'S BEEN REDUCED TO 71 SPACES.
08:59:46 THE TOTAL SPACES EXISTING ON THE SITE TODAY ARE 35
08:59:50 SPACES, AND THEY EXPAND AND EXTEND IN THIS AREA BACK INTO
08:59:54 THE NEIGHBORHOOD.
08:59:54 MOVING ON, WE HAVE DONE SUBSTANTIAL WORK ON PARKING TO
09:00:01 DEMONSTRATE THE DEMAND AND NEED FOR THIS.
09:00:04 WE'VE LOOKED AT ALL OF THE RECORDS OF JANUARY 2019
09:00:07 THROUGH FEBRUARY OF 2020, BUT BEFORE I GET INTO THAT, I'D
09:00:11 LIKE TO SHOW YOU A PHOTOGRAPH.
09:00:13 THIS WAS TAKEN AT 10 A.M. THIS MORNING.
09:00:16 THIS IS THE PARKING LOT ADJACENT TO THE BUILDING, EVERY
09:00:20 PARKING STALL IS FILLED.
09:00:22 THE NORTHERN PARKING ROW ADJACENT TO THE ALLEY, EVERY
09:00:24 PARKING SPACE IS FULL.
09:00:26 THIS IS THE REMAINING TWO SPACES OF THE EXISTING PARKING
09:00:29 LOT.
09:00:29 THEY LOOK FULL.
09:00:30 THERE'S ACTUALLY THREE SPACES THAT ARE NOT OCCUPIED.
09:00:34 THE REST ARE FULL.
09:00:35 SUBSTANTIAL PARKING ALONG GRAY STREET.
09:00:39 SUBSTANTIAL PARKING RIGHT HERE ON GRAY AS WELL.
09:00:41 THIS IS ACTUALLY A PATIENT, AN ELDERLY GENTLEMAN, AND I
09:00:46 WILL TELL YOU BEING AN EYE CLINIC IN THIS PARTICULAR
09:00:49 CASE, WE HAVE A NUMBER OF ELDERLY PATIENTS.
09:00:52 WE HAVE A NUMBER OF VISUALLY IMPAIRED PATIENTS.
09:00:55 SO HAVING THE SITUATION WHERE FOLKS ARE PARKING ON THE
09:00:58 RIGHT-OF-WAY IS JUST NOT AN ACCEPTABLE THING TO DO ON A
09:01:02 LONG-TERM BASIS.
09:01:04 MOVING BACK TO THIS, I WILL TALK ABOUT THE FACT THAT OUT
09:01:07 OF THE 261 WORKDAYS IN 2019, WE WERE OVER CAPACITY IN OUR
09:01:14 PARKING LOT, 135 OF THOSE DAYS.
09:01:17 THAT'S JUST A LITTLE OVER 50%.
09:01:20 I'VE BROKEN THIS PARKING DEMAND DOWN INTO THREE
09:01:23 CATEGORIES, WHICH IS TO EXPLAIN WHY TO SOME FOLKS
09:01:27 OBSERVING THE PARKING LOT, THEY WOULD SAY, WELL, THE
09:01:29 PARKING LOT ISN'T FULL, AND THEY ARE ABSOLUTELY CORRECT.
09:01:32 95 DAYS, THEY ARE NOT FULL.
09:01:35 THAT IS BECAUSE ON ALL OF THESE DAYS, ALL OF THE STAFF
09:01:39 FOR THE EYE CLINIC ARE NOT PERMITTED TO PARK IN THE
09:01:42 PARKING LOT.
09:01:43 THEY ARE ACTUALLY PARKING ON GRAY STREET AND WESTLAND
09:01:48 STREET.
09:01:49 JUST QUICKLY, MEMO SHOWING THAT THAT'S WHERE THEY ARE
09:01:52 REQUIRED TO PARK FOR THIS OPERATION.
09:01:54 SO, MOVING TO THE FIRST COLUMN, 95 OF THOSE 135 DAYS, THE
09:02:00 PARKING LOT WOULD APPEAR TO BE HALF TO THREE-QUARTERS
09:02:03 FULL ANYTIME DURING THE DAY.
09:02:06 IF STAFF PARKING WERE THERE, THIS PARKING LOT WOULD BE
09:02:08 TOTALLY FULL.
09:02:09 THESE 95 DAYS.
09:02:11 THE NEXT COLUMN, 27 DAYS, STAFF IS STILL PARKING ON THE
09:02:17 STREETS.
09:02:19 PARKING LOT IS THREE-QUARTERS TO ALL THE WAY FULL EVERY
09:02:22 ONE OF THESE DAYS.
09:02:23 27 DAYS, 10% OF THE YEAR, WHICH IS ACTUALLY 20% OF THE
09:02:29 135 DAYS.
09:02:29 THERE ARE 13 DAYS DURING 2019 WHERE THE PARKING LOT WAS
09:02:35 OVERFLOWING.
09:02:36 PATIENTS WERE FORCED TO PARK IN THE STREET AS WELL AS ALL
09:02:39 OF THE STAFF.
09:02:41 WE HAVE A VERY SIGNIFICANT NEED FOR ADDITIONAL PARKING
09:02:44 FOR THIS EYE CLINIC.
09:02:45 AND IT IS NOT A SITUATION THAT IS ACCEPTABLE.
09:02:50 WE'VE HAD COMPLAINTS FROM SOME OF THE ADJACENT BUSINESSES
09:02:52 ABOUT PARKING IN THE STREET, PARKING IN THEIR PARKING
09:02:57 LOTS.
09:02:57 OUR APPLICANT AND OWNER IS ATTEMPTING TO CORRECT THOSE
09:03:02 SITUATIONS PROVIDING THE ADDITIONAL PARKING THAT'S
09:03:04 NEEDED.
09:03:05 FROM THIS, I JUST WANT TO MOVE ON QUICKLY TO
09:03:08 COMPATIBILITY, AND I WANT TO RUN THROUGH A NUMBER OF THE
09:03:11 PLACES IN TOWN WHERE WE HAVE THIS SIMILAR TO EXACT
09:03:15 SITUATION.
09:03:16 THIS IS BAYSHORE SOCIAL CLUB, THE OLD STOVALL HOUSE.
09:03:21 HIGHLIGHTED IN YELLOW IS THE PARKING THAT'S BEEN EXPANDED
09:03:25 INTO A NEIGHBORHOOD.
09:03:26 THIS IS THE BELLAMY, WHICH IS A CONDO PROJECT ON BAYSHORE
09:03:29 WITH PARKING EXPANDED INTO THE NEIGHBORHOOD.
09:03:31 IT MAY LOOK LIKE IT'S A NICE LITTLE POOL AREA.
09:03:34 THAT'S ACTUALLY THE THIRD FLOOR.
09:03:36 THE FIRST TWO FLOORS OF THIS PARTICULAR AREA IS A PARKING
09:03:40 STRUCTURE EXPANDING INTO THE NEIGHBORHOOD.
09:03:41 THIS IS WRIGHT'S GOURMET WITH THE PARKING LOT EXPANDING
09:03:46 INTO THE NEIGHBORHOOD.
09:03:47 THIS IS ACTUALLY THE TAMPA MUNICIPAL OFFICE BUILDING,
09:03:51 WHICH IS ON COLUMBUS DRIVE, GENERALLY AT HIMES, AND THEIR
09:03:56 PARKING IS ACTUALLY ALL ACROSS THE STREET EXPANDED INTO
09:04:01 THE NEIGHBORHOOD.
09:04:02 NEXT ONE, THIS IS LA TERESITA, WHICH OVER THE YEARS,
09:04:05 NUMEROUS TIMES EXPANDED THEIR PARKING LOT INTO THE
09:04:08 NEIGHBORHOOD.
09:04:09 THIS IS ON ARMENIA AVENUE JUST SOUTH OF COLUMBUS DRIVE.
09:04:13 THIS IS ST. JOSEPH STREET, OFFICE BUILDING TO THE NORTH,
09:04:16 PARKING LOT EXPANDED INTO THE NEIGHBORHOOD.
09:04:22 OFFICE BUILDING TO THE SOUTH, PARKING LOT EXPANDED INTO
09:04:22 THE NEIGHBORHOOD.
09:04:23 THIS IS ON CASS AT GILCHRIST.
09:04:27 PARKING LOT EXPANDED INTO THE NEIGHBORHOOD.
09:04:30 MOVING ON TO KENNEDY BOULEVARD, THIS IS MIGUEL'S.
09:04:33 PARKING LOT EXPANDED INTO THE NEIGHBORHOOD.
09:04:36 MOVING OVER TO HERE, THIS IS THE SOLOMON LAW OFFICES.
09:04:39 PARKING LOT EXPANDED INTO THE NEIGHBORHOOD.
09:04:40 DUCKY'S, PARKING LOT EXPANDED INTO THE NEIGHBORHOOD.
09:04:45 ALL THREE OF THESE EXPANSIONS ARE PARKING LOTS ACROSS AN
09:04:48 ALLEYWAY FROM THE BUILDING.
09:04:50 MOVING ON NOW, LET'S TALK IN PARTICULAR ABOUT THE
09:04:54 NEIGHBORHOOD THAT WE'RE IN.
09:04:55 KENNEDY BOULEVARD, HOWARD AVENUE, MOVING UP TO GRAY
09:04:58 STREET.
09:04:58 FIRST BLOCK, KENNEDY BOULEVARD, THIS IS NORTH A.
09:05:04 COMMERCIAL PARKING LOT, THE ENTIRE NORTHERN HALF OF THE
09:05:07 BLOCK, CURRENTLY UNDER CONSTRUCTION WITH THE COMMERCIAL
09:05:10 BUILDING AND SUBSTANTIAL PARKING IN THE AREA.
09:05:13 THIS IS THE HARDEMAN LANDSCAPE OFFICES, PARKING EXPANDED
09:05:18 INTO THE NEIGHBORHOOD.
09:05:18 THIS IS THE WILLIAMS FUNERAL HOME, PARKING LOT EXPANDED
09:05:23 INTO THE NEIGHBORHOOD, ALSO TO THE NORTH PARKING LOT
09:05:26 EXPANDED INTO THE NEIGHBORHOOD.
09:05:28 THIS IS THE OFFICE BUILDING DIRECTLY SOUTH OF THE SUBJECT
09:05:32 PROPERTY.
09:05:33 PARKING LOT EXPANDED INTO THE NEIGHBORHOOD.
09:05:35 THEN WE HAVE OUR SITE WITH PARKING LOT EXPANDED INTO THE
09:05:38 NEIGHBORHOOD.
09:05:39 IMPORTANT ISSUE.
09:05:41 WE HAVE NO ADDITIONAL TRAFFIC.
09:05:44 IT'S SIMPLY A MATTER OF WHERE PEOPLE ARE PARKING.
09:05:46 WE HAVE NO ACCESS FROM THE PARKING LOT TO CARMEN STREET.
09:05:50 WE ARE CONSISTENT WITH THE WEST TAMPA OVERLAY AS WELL AS
09:05:58 ALL CODE REQUIREMENTS.
09:05:59 THE PARKING LOT EXPANSION REQUIRES NO WAIVERS WHATSOEVER.
09:06:03 OUR ONLY WAIVER IS FOR THE EXISTING DRIVEWAY THAT'S ON
09:06:06 GRAY STREET THAT WOULD REMAIN ON GRAY STREET BECAUSE
09:06:10 THERE'S NO PHYSICAL ACCESS AVAILABLE TO HOWARD AVENUE
09:06:13 ITSELF.
09:06:13 AND WITH THAT, I'M VERY HAPPY TO ANSWER ANY QUESTIONS YOU
09:06:17 HAVE, ESPECIALLY AS THEY MAY RELATE TO THE PARKING
09:06:20 DEMAND.
09:06:21 THANK YOU.
09:06:21 >>GUIDO MANISCALCO: ANY QUESTIONS AT THIS TIME?
09:06:22 COUNCILMAN CITRO.
09:06:24 >>JOSEPH CITRO: THANK YOU VERY MUCH.
09:06:25 MR. COEN, THANK YOU VERY MUCH FOR EXPLAINING THE
09:06:28 NECESSITIES FOR THE ADDITIONAL PARKING SPACE.
09:06:31 AND I DO ENJOY THAT YOU HAD GIVEN US EXAMPLES AROUND THE
09:06:37 CITY.
09:06:37 I PERSONALLY WOULD HAVE OMITTED THE STOVALL HOUSE, BUT I
09:06:41 DIGRESS.
09:06:42 MY CONCERN WITH THESE TYPES OF PARKING GOING INTO THE
09:06:45 NEIGHBORHOODS -- ENCROACHING INTO THE NEIGHBORHOODS ARE
09:06:46 THE HOURS OF OPERATIONS.
09:06:48 WHAT ARE THE HOURS OF OPERATIONS OF THIS BUSINESS OR ANY
09:06:51 BUSINESS THAT MAY COME AFTER IT AS FAR AS MEDICAL GOES?
09:06:56 >> TYPICAL MEDICAL OFFICE BUILDING, 8 TO 5, MONDAY
09:06:58 THROUGH FRIDAY.
09:07:00 >>JOSEPH CITRO: SO I TAKE IT THAT YOUR CONCERN TO THE
09:07:05 NEIGHBORHOOD IS NOT THE HEADLIGHTS FROM ALL THE CARS
09:07:07 PARKING, NOT THE NOISE, NOT THE PEOPLE BEING THERE AFTER,
09:07:12 SAY, 6 TO 7:00 AT NIGHT.
09:07:16 >> CORRECT.
09:07:18 I DO NOT BELIEVE SO.
09:07:21 >>JOSEPH CITRO: THANK YOU, MR. COEN, APPRECIATE IT.
09:07:22 >>GUIDO MANISCALCO: ANYBODY ELSE?
09:07:25 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
09:07:27 I WANTED TO ANSWER COUNCILMAN DINGFELDER'S QUESTION JUST
09:07:29 ON STAFF POINT OF VIEW.
09:07:31 TO REMIND YOU AGAIN, THIS IS AN APPROVED PD.
09:07:34 THE FILE ZO 5130 MAY HAVE BEEN FOR THE 39 SPACES THROUGH
09:07:37 THE PREVIOUS APPROVAL IN 2005, BUT TO ANSWER YOUR
09:07:40 QUESTION, AS IT'S CURRENTLY LAID OUT IN THE PROPOSED SITE
09:07:42 PLAN TO YOU, THAT EXISTING AREA IS ACTUALLY 49 SPACES
09:07:45 RIGHT NOW.
09:07:46 SO THEY MAY HAVE RESTRIPED IT FOR THIS DESIGN THAT
09:07:48 THEY'RE PRESENTING TONIGHT.
09:07:50 THE MEDICAL OFFICE FOR ITSELF REQUIRES 42 PARKING SPACES
09:07:54 PER THE SITE PLAN AS WELL, IF THAT ANSWERS YOUR QUESTION.
09:07:56 AND THEN JUST ONE MORE THING I WANTED TO ADD BECAUSE THE
09:07:59 HOURS WERE JUST BROUGHT UP IS THAT THE PD CURRENTLY DOES
09:08:02 NOT HAVE ANY RESTRICTIONS ON THE HOURS.
09:08:04 BUT IF YOU WANTED TO PLACE THAT CONDITION, THAT WOULD BE
09:08:08 SOMETHING THAT WE HAVE TO ADD TO THE SITE PLAN, OTHERWISE
09:08:10 IT WOULDN'T BE ABLE TO BE ENFORCED.
09:08:14 >>ORLANDO GUDES: IS THE LOT CURRENTLY THAT'S THERE NOW,
09:08:17 IS IT GATED OR AT A CERTAIN TIME OR JUST AN OPEN PARKING
09:08:23 AREA?
09:08:26 >> IF I MAY ANSWER, IT IS NOT GATED.
09:08:29 AS A MATTER OF FACT, WITH THE PREVIOUS PD, GATING WAS
09:08:32 PROHIBITED ON THIS PARTICULAR PROPERTY AS A RESULT OF
09:08:36 SOLID WASTE OPERATIONS AND THEM WANTING FREEDOM AS TO
09:08:39 WHEN THEY WOULD COLLECT SOLID WASTE AND THERE IS A PUBLIC
09:08:42 ALLEYWAY THAT WOULD SEPARATE THESE TWO PARKING LOTS.
09:08:45 CANNOT BE CLOSED.
09:08:46 CANNOT BE GATED BY A PRIVATE ENTITY.
09:08:51 >>DAVID MECHANIK: TO ANTICIPATE ANOTHER QUESTION,
09:08:55 DR. WEINSTOCK HAS NO INTENTION OF LEASING THE PARKING LOT
09:09:00 AFTER HOURS TO ANY OTHER USERS WHATSOEVER.
09:09:05 THAT'S NOT HIS INTENT.
09:09:06 AND WE WOULD AGREE TO A CONDITION THAT WOULD STIPULATE TO
09:09:10 THAT.
09:09:11 SO WE HAVE NO INTEREST.
09:09:12 HE'S NOT TRYING TO, YOU KNOW, BENEFIT FINANCIALLY FROM
09:09:16 THIS EXPANSION.
09:09:18 HE'S JUST TRYING TO SERVE THE NEEDS OF THE EYE CLINIC.
09:09:21 >>ORLANDO GUDES: READING MY MIND, MR. MECHANIK, TONIGHT?
09:09:24 READING MY MIND TONIGHT, MR. MECHANIK?
09:09:27 >>DAVID MECHANIK: YEAH, YEAH, SURE.
09:09:29 >>JOSEPH CITRO: THANK YOU, MR. MECHANIK.
09:09:31 MY CONCERN WAS MAYBE THAT THAT WOULD BE LEASED OUT IN THE
09:09:35 EVENING TIME FOR SURROUNDING BUSINESSES TO PARK THEIR
09:09:38 CUSTOMERS THERE.
09:09:38 THANK YOU, MR. MECHANIK.
09:09:39 >>DAVID MECHANIK: YES, I ACTUALLY DRAFTED A CONDITION
09:09:44 THAT I COULD READ INTO THE RECORD, AND THAT I COULD HAND
09:09:48 IT TO YOU, RYAN, IF THIS WAS ACCEPTABLE.
09:09:52 APPLICANT SHALL NOT LEASE ANY PARKING SPACES TO PERSONS
09:09:57 OR COMPANIES WHO ARE NOT EMPLOYEES OR PATIENTS OF
09:10:02 APPLICANT'S OFFICE.
09:10:07 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA.
09:10:09 >>CHARLIE MIRANDA: DAVE -- MR. MECHANIK, I'M NOT AN
09:10:12 ATTORNEY.
09:10:13 DON'T POSSESS TO BE ONE.
09:10:15 HOWEVER, IT DOESN'T SAY YOU CAN'T PARK THERE.
09:10:19 IT SAYS HE'S NOT GOING TO LEASE IT.
09:10:20 HOW IS HE GOING TO PREVENT SOMEONE ELSE FROM USING IT?
09:10:23 >>DAVID MECHANIK: WE COULD ADD LANGUAGE TO SAY SHALL NOT
09:10:27 LEASE OR PERMIT PARKING TO ANYONE WHO IS NOT AN EMPLOYEE
09:10:33 OR PATIENT OF THE OFFICE.
09:10:34 I CAN CERTAINLY ADD THAT LANGUAGE.
09:10:37 >>CHARLIE MIRANDA: THE PROBLEM IS, I UNDERSTAND THE
09:10:41 FEELING THAT HE HAS, HE DOESN'T WANT TO DO IT, BUT HOW IS
09:10:44 HE GOING TO PREVENT ANYBODY ELSE FROM USING IT BECAUSE
09:10:47 HE'S NOT -- HE DOESN'T A GATE.
09:10:49 DOESN'T HAVE ANYTHING LIKE THAT.
09:10:51 >>DAVID MECHANIK: I --
09:10:55 >> RANDY COEN, IF I MAY.
09:10:58 ONE EASY WAY TO DEAL WITH THAT IS HAVE THE PROPERTY
09:11:01 SIGNED FOR TOW, WHICH MEANS ANYONE THAT PARKS THERE
09:11:06 WITHOUT PERMISSION CAN BE TOWED.
09:11:08 AND THE TOWING COMPANY IS UNFORTUNATELY VERY ACTIVE IN
09:11:11 TOWING VEHICLES WHEN IT'S IN A POSTED LOT AND THEY HAVE
09:11:14 THE PERMISSION OF THE OWNER TO TOW.
09:11:18 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
09:11:19 >>JOHN DINGFELDER: A COUPLE OF QUESTIONS.
09:11:21 MR. COEN, THE PAGE YOU HAD UP, AND MAYBE YOU WANT TO PUT
09:11:26 IT UP AGAIN, THAT TALKED ABOUT A FULL YEAR'S WORTH OF
09:11:32 DEMAND.
09:11:34 >> YES, SIR.
09:11:34 >>JOHN DINGFELDER: CAN YOU PUT THAT UP?
09:11:39 >> GET TO IT RIGHT HERE.
09:11:44 >>JOHN DINGFELDER: THERE IT IS.
09:11:44 I KNOW MR. VIERA WOULD TELL ME NOT TO ASK A QUESTION THAT
09:11:52 I DON'T KNOW THE ANSWER TO, BUT I DON'T KNOW THE ANSWER
09:11:53 TO THIS.
09:11:54 HOW DO -- HOW DID YOU COME UP WITH THE -- UP WITH THIS
09:12:02 DATA?
09:12:03 DID YOU HAVE SOMEBODY OUT THERE COUNTING CARS?
09:12:05 >> NO, SIR.
09:12:06 UNFORTUNATELY, WE COULD NOT DO THAT BECAUSE OF COVID.
09:12:10 WE ACTUALLY STARTED THIS PROCESS IN FEBRUARY OF 2020.
09:12:15 COVID WAS UPON US.
09:12:18 THERE WAS NOT A REASONABLE WAY OF DEALING WITH PARKING.
09:12:21 SO WHAT I DID DO WAS STARTING JANUARY 1st OF 2019 FOR
09:12:25 THAT ENTIRE CALENDAR YEAR, PLUS JANUARY AND FEBRUARY OF
09:12:29 2020, WE REVIEWED PATIENT APPOINTMENT RECORDS AND
09:12:33 STAFFING FOR EACH WORKING DAY OF THE YEAR.
09:12:37 FROM THAT, WE WERE ABLE TO DETERMINE WHAT THE PARKING
09:12:40 LOAD WAS FOR THE PARKING LOT ON ANY GIVEN DAY AND WHEN WE
09:12:45 WOULD HAVE OUR PEAKS AND GENERALLY WHAT THOSE PERCENTAGES
09:12:48 WOULD BE.
09:12:48 NOW, ARE THEY 100% ACCURATE?
09:12:51 OF COURSE, NOT.
09:12:51 BUT THEY ARE REASONABLY CLOSE AND REASONABLY APPROPRIATE.
09:12:55 AND ONE OF THE REASONS I WAS VERY INTERESTED IN THIS IS I
09:12:58 HAD HEARD SOME THINGS ABOUT THE PARKING LOT SEEMINGLY NOT
09:13:02 TO BE FULL VERY OFTEN AT ALL.
09:13:06 THAT CAUSED ME PAUSE, UNTIL I FOUND THE DIRECTIVES THAT,
09:13:10 IN FACT, IN TALKING WITH STAFF, THAT THEY WERE BEING
09:13:13 REQUIRED TO PARK OFF PROPERTY FOR LITERALLY ALMOST THREE
09:13:18 DAYS A WEEK EVERY WEEK OF THE YEAR.
09:13:22 THEN IT BECAME CLEAR WHAT WAS GOING ON, THAT THEY WERE
09:13:24 EXCEEDING PARKING EVEN THOUGH IN THAT FIRST COLUMN OF 95
09:13:28 DAYS, THE PARKING LOT MAY NOT APPEAR TO BE FULLY
09:13:33 OCCUPIED.
09:13:33 IT WAS OCCUPIED TO AN EXTENT THAT HAD STAFF PARK THERE,
09:13:37 IT WOULD BE OVERFLOWING.
09:13:39 SECOND COLUMN, THE PARKING LOT WAS VIRTUALLY FULL, AND
09:13:42 THIS IS NOT FOR A FULL DAY.
09:13:43 THIS IS FOR THE PEAK PARKING DEMAND TIMES OF THE
09:13:46 PROPERTY, WHICH GENERALLY ARE MID TO LATE MORNING AND
09:13:50 EARLY AFTERNOON.
09:13:51 SO THIS IS NOT SOMETHING THAT'S ALL DAY LONG AFFAIR LIKE
09:13:55 IT WOULD BE WITH AN OFFICE BUILDING.
09:13:58 AS A MEDICAL BUILDING, PARKING FLUCTUATES DURING THE DAY,
09:14:01 BUT WE WENT THROUGH EVERY APPOINTMENT AND TALLIED THEM
09:14:05 ALL UP, AND WORKED WITH THAT DATA, AND THEN THE STAFFING
09:14:09 THAT WAS REQUIRED TO BE THERE FOR THOSE PARTICULAR DAYS
09:14:14 BASED UPON THE NUMBER OF DOCTORS THERE AND THE NUMBER OF
09:14:16 STAFF THERE NECESSARY TO HANDLE THAT CLIENT, THAT
09:14:19 PARTICULAR PATIENT LOAD ON THAT DAY.
09:14:26 >>JOHN DINGFELDER: SO LOOKING AT YOUR DATA, IN JANUARY OF
09:14:32 2019, YOU HAD FIVE DAYS OF GREATER THAN 200%.
09:14:41 >> YEP.
09:14:44 >>JOHN DINGFELDER: HOW DOES THAT LEAVE THE OTHER 15
09:14:46 WORKDAYS OF THE MONTH?
09:14:48 >> THAT'S CORRECT.
09:14:50 >>JOHN DINGFELDER: SO THE OTHER 15 WORKDAYS OF THE MONTH
09:14:53 WERE AT WHAT PERCENT?
09:14:56 >> TYPICALLY, THEY WERE LESS THAN THIS.
09:14:59 STAFF WAS ABLE TO MANY TIMES PARK IN THE PARKING LOT, AND
09:15:02 THE PARKING LOT WAS NOT FULL.
09:15:04 >>JOHN DINGFELDER: I MEAN, DO YOU HAVE COLUMNS FOR THAT?
09:15:07 DO YOU HAVE DATA SHEETS FOR THAT OR --
09:15:10 >> I SUMMARIZED THESE ALL HERE.
09:15:11 I HAVE HANDWRITTEN SHEETS.
09:15:13 >>JOHN DINGFELDER: I MEAN, IT APPEARS TO ME, MR. COEN,
09:15:16 WHAT YOU'VE SHOWN US IN THE THREE COLUMNS ARE THE
09:15:19 WORST-CASE SCENARIO DAYS, BUT YOU DIDN'T SHOW US THE
09:15:22 OTHER DAYS.
09:15:22 NUMBER ONE.
09:15:25 AND NUMBER TWO IS, MAYBE THIS JUST ISN'T THE RIGHT
09:15:28 LOCATION FOR SUCH A BUSY DOCTOR.
09:15:31 I CAN'T HEAR YOU.
09:15:42 >> I HAVE NO RESPONSE TO THAT SIR.
09:15:43 THEY OWN THE BUILDING.
09:15:45 THE CITY OF TAMPA APPROVED THE BUILDING.
09:15:47 IT'S AN EYE CLINIC.
09:15:48 IT'S BEEN AN EYE CLINIC FOR A NUMBER OF YEARS.
09:15:50 THEY SIMPLY ARE A VERY SUCCESSFUL EYE CLINIC, AND THEY
09:15:53 ARE TRYING TO, THROUGH THIS REZONING, RESOLVE A PARKING
09:15:57 ISSUE THAT THEY HAVE.
09:16:01 >>JOHN DINGFELDER: OKAY.
09:16:02 BUT IN REGARD TO THE OTHER COLUMNS, YOU DON'T HAVE THAT
09:16:05 AVAILABLE FOR US?
09:16:06 >> NO, SIR.
09:16:06 WE'LL DIRECTLY ADMIT AND SPECIFY THAT 135 DAYS OUT OF THE
09:16:13 261 WORKDAYS IN 2019, THEY WERE OVER-PARKED.
09:16:18 THE REMAINDER OF THE DAYS, APPROXIMATELY 130 OR 32 DAYS,
09:16:22 THEY DID NOT HAVE A DEMAND FOR THEIR ENTIRE PARKING LOT
09:16:26 AS IT EXISTS TODAY.
09:16:27 >>JOHN DINGFELDER: MY LAST QUESTION, RANDY, IS, THERE'S
09:16:33 SITUATIONS WHERE WE HAVE TRIED TO SHUNT THE TRAFFIC AWAY
09:16:38 FROM THE NEIGHBORHOOD.
09:16:40 I'M THINKING ABOUT COMING OUT OF THE HOME DEPOT ON THE
09:16:46 SIDE STREET THERE.
09:16:48 IS THAT SPRUCE?
09:16:50 WHERE YOU CAN ONLY GO RIGHT OUT TOWARD DALE MABRY.
09:16:53 IS THAT SOMETHING THAT YOU'VE LOOKED AT, TALKED TO
09:16:59 JONATHAN ABOUT, ANY POSSIBILITY THERE, BECAUSE,
09:17:03 OBVIOUSLY, WHAT THE NEIGHBORHOOD IS MAINLY CONCERNED
09:17:05 ABOUT IS YOU'RE DOUBLING THE PARKING.
09:17:08 YOU'RE DOUBLING THE PARKING LOT.
09:17:10 YOU SAY IT HAS NO IMPACT, BUT YOU'RE DOUBLING THE PARKING
09:17:14 LOT, AND, THEREFORE, THEY ARE VERY CONCERNED ABOUT THE
09:17:19 TRAFFIC GOING THROUGH THE NEIGHBORHOOD.
09:17:21 THERE'S PROBABLY PEOPLE ONLINE THAT ARE WAITING TO TALK
09:17:27 TO US AND I APOLOGIZE TO THEM.
09:17:28 I'VE READ THE CORRESPONDENCE.
09:17:29 IT'S IN THE FILE.
09:17:32 >> AND I WOULD LOVE TO ADDRESS THAT PARTICULAR POINT.
09:17:37 >>JOHN DINGFELDER: MY QUESTION SPECIFICALLY IS, CAN YOU
09:17:40 SHUNT THE TRAFFIC AWAY FROM THE NEIGHBORHOOD?
09:17:46 >> IT DOES NOT INCREASE TRAFFIC, NOR DOES IT CHANGE --
09:17:50 >>JOHN DINGFELDER: RANDY, MY QUESTION IS, CAN YOU SHUNT
09:17:54 THE TRAFFIC AWAY FROM THE NEIGHBORHOOD?
09:17:56 >> IF WE'RE TALKING ABOUT CARMEN, WE HAVE NO TRAFFIC ON
09:17:59 CARMEN BECAUSE WE HAVE NO ACCESS TO CARMEN.
09:18:02 IF YOU'RE TALKING ABOUT GRAY, YES, WE HAVE A DRIVEWAY AS
09:18:08 CLOSE AS WE CAN PHYSICALLY HAVE IT LOCATED TO HOWARD
09:18:10 AVENUE.
09:18:10 IN THE PREVIOUS ZONING, SOLID WASTE DID NOT WANT THE
09:18:14 DRIVEWAYS GATED, WOULD NOT ALLOW THE ALLEYWAY TO BE
09:18:17 GATED, AND WANTED FREE MOVEMENT AS TO TURNING RIGHT OR
09:18:20 LEFT FROM THE DRIVEWAY ONTO GRAY STREET TO SERVICE OTHER
09:18:23 CUSTOMERS IN THE AREA.
09:18:25 SO WE CAN CERTAINLY TALK TO JONATHAN ABOUT IT.
09:18:28 WE CAN CERTAINLY TALK TO SOLID WASTE, BUT I'M JUST
09:18:31 PROVIDING YOU WITH THE INFORMATION THAT I HAVE AT HAND.
09:18:37 >>DAVID MECHANIK: I WOULD ALSO POINT OUT THAT OF ALL THE
09:18:39 COMMENTS THAT WE HAVE RECEIVED, NOT ONE PERSON WAS A
09:18:46 RESIDENT OR A PROPERTY OWNER ON GRAY STREET.
09:18:50 I SPECIFICALLY LOOKED AT THAT, AND WE DID NOT HEAR ANY
09:18:53 OBJECTIONS FROM PEOPLE ON THAT PARTICULAR BLOCK OF GRAY
09:18:58 STREET.
09:19:01 >>JOHN DINGFELDER: I'M LOOKING AT -- MONICA SENT US AN
09:19:04 E-MAIL AND SAYS SHE LIVES AT 3401 WEST GRAY STREET.
09:19:09 >>DAVID MECHANIK: I THINK THAT'S A MILE AWAY OR SO FROM
09:19:12 THE PROPERTY.
09:19:13 THIS ADDRESS IS 2100 BLOCK.
09:19:15 >>JOHN DINGFELDER: I THOUGHT YOU SAID NOBODY LIVED ON
09:19:19 GRAY STREET.
09:19:19 >>DAVID MECHANIK: NO.
09:19:20 I SAID THAT BLOCK OF GRAY STREET.
09:19:23 >>GUIDO MANISCALCO: ANYTHING ELSE?
09:19:28 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
09:19:30 I WANT TO CLARIFY JUST SO I'M CORRECT ON MY SIDE.
09:19:33 IS THE AGENT THEN OKAY WITH ADDING THAT NOTE?
09:19:36 IS THAT SOMETHING THAT WE'RE GOING TO EXPECT BETWEEN
09:19:38 FIRST AND SECOND READING SHOULD THIS BE ADOPTED?
09:19:42 I WANT TO MAKE SURE THE LANGUAGE IS CORRECT AND IN
09:19:45 AGREEANCE SO IT'S ON THE RECORD.
09:19:46 >>DAVID MECHANIK: WE ARE MORE THAN WILLING TO ADD THAT
09:19:49 RESTRICTION.
09:19:50 >>RYAN MANASSE: I WROTE IT DOWN AND OVER IT WITH LEGAL.
09:19:53 PARKING LOT WILL NOT BE LEASED OR PERMIT PARKING OTHER
09:19:56 THAN EMPLOYEES AND PATIENTS AND THEN I PUT SLASH
09:19:59 CUSTOMERS JUST BECAUSE YOU HAVE THE BUSINESS OFFICE
09:20:03 PROFESSIONAL USE.
09:20:03 SO I FIGURED IT WOULD BE GOOD TO HAVE THAT IN THERE.
09:20:06 >>DAVID MECHANIK: THAT SOUNDS FINE.
09:20:09 >>RYAN MANASSE: THANK YOU.
09:20:10 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:20:11 IF THERE'S NOTHING ELSE, WE'LL GO TO PUBLIC COMMENT.
09:20:14 DO WE HAVE ANYBODY HERE IN THE PUBLIC THAT IS WISHING TO
09:20:17 SPEAK ON ITEM NUMBER 12?
09:20:18 I SEE NONE.
09:20:22 WE HAVE REGISTERED SPEAKERS ONLINE.
09:20:25 I SEE TWO OF THEM.
09:20:28 MR. RAMIREZ AND THEN A SARAH GARCIA.
09:20:33 ALL RIGHT.
09:20:36 IF YOU WOULD RAISE YOUR RIGHT HAND, SARAH AND CARLOS, TO
09:20:39 BE SWORN IN.
09:20:43 [OATH ADMINISTERED]
09:20:47 >> YES.
09:20:48 >>GUIDO MANISCALCO: MR. RAMIREZ, GO AHEAD.
09:20:50 YOU HAVE THREE MINUTES.
09:20:52 >> THANK YOU.
09:20:53 SIR, CAN I SHARE MY SCREEN?
09:20:56 CAN YOU GUYS HEAR ME?
09:21:02 >>GUIDO MANISCALCO: WE HEAR YOU, BUT NOTHING HAS COME UP
09:21:06 YET.
09:21:07 >> ALL RIGHT.
09:21:07 ONE SECOND.
09:21:12 >>GUIDO MANISCALCO: YES, NOW WE CAN SEE.
09:21:16 >> CARMEN RAMIREZ, 2103 WEST CARMEN STREET.
09:21:19 TODAY I'M REPRESENTING THE NORTH HYDE PARK CIVIC
09:21:23 ASSOCIATION.
09:21:24 THE PROPOSED REZONING WILL TEAR DOWN TWO EXISTING HOUSES.
09:21:27 ONE OF THEM BEING THE FORMER HOME OF TAMPA-HILLSBOROUGH
09:21:28 COUNTY POET LAUREATE JAMES TOKLEY AS WE MENTIONED WHO
09:21:32 ALSO SENT A LETTER IN OPPOSITION.
09:21:34 THEY ARE GOING TO BUILD A PARKING LOT IN THEIR PLACE.
09:21:38 WE WALK PAST THIS LOT EVERY DAY.
09:21:41 I LIVE ON THE 2100 BLOCK OF CARMEN STREET.
09:21:44 I'M ALWAYS WALKING MY DOG THROUGH HERE.
09:21:46 KIDS ARE ALWAYS PLAYING AROUND.
09:21:48 THIS PICTURE THAT YOU SEE HERE, THERE ARE CARS PARKED ON
09:21:51 THE RIGHT-OF-WAY.
09:21:52 THE CARS ON THE LEFT BELONG TO THE BUILDING ON THE LEFT
09:21:56 AND THE CARS PARKING ON THE RIGHT IN THIS PARTICULAR
09:21:58 SITUATION, THERE WAS SOME ROAD WORK GOING ON.
09:22:01 USUALLY WHEN YOU SEE CARS LIKE THIS, THERE'S USUALLY A
09:22:04 BIG EVENT AT THE JCC AND ALL THE CARS FROM THAT EVENT
09:22:08 USUALLY BLEED INTO OUR NEIGHBORHOOD AND ALSO ARMORY
09:22:12 GARDENS.
09:22:13 AS YOU CAN SEE, THERE'S ALWAYS PLENTY OF SPACE AVAILABLE.
09:22:17 EVERY TIME WE WALK THROUGH HERE, ALWAYS PLENTY OF SPACES.
09:22:23 THE SPREADSHEET THAT THE APPLICANT HAS PROVIDED, THEY
09:22:27 SAID THIS WAS FOR THE EARLY MORNING PEAK AND ALSO FOR THE
09:22:30 EARLY AFTERNOON PEAK.
09:22:31 SO THAT WOULD BE THE MAXIMUM OF FOUR HOURS.
09:22:38 HALF THE TIME, FOR TWO AND A HALF HOURS THIS EMPTY LOT --
09:22:42 OR THIS LOT THEY SAY IS FULL.
09:22:44 THE REST OF THE TIME IT'S NOT.
09:22:45 THIS IS THE ZONING MAP FOR THE AREA.
09:22:51 THIS AREA HISTORICALLY HAS BEEN RESIDENTIAL.
09:22:55 THIS WAS ESTABLISHED BY -- THIS WAS PART OF THE BENJAMIN
09:22:58 LOT ADDITIONS THEY HAVE HERE.
09:23:00 BUT AS YOU CAN SEE, THERE ARE A LOT OF PDs THAT HAVE
09:23:05 COME THROUGH.
09:23:05 AND THEY ARE EATING AWAY CHUNKS OF OUR NEIGHBORHOOD.
09:23:08 MR. COEN WAS VERY GOOD TO SHOW THAT THROUGHOUT THE CITY,
09:23:11 PARKING LOTS ARE TAKING OVER OUR NEIGHBORHOODS.
09:23:13 SO THAT IS WELL ESTABLISHED THAT IS GOING ON.
09:23:18 THIS IS THE FUTURE LAND USE.
09:23:20 WE SAW THIS EARLIER.
09:23:21 AGAIN, WANT TO POINT OUT THAT THE REZONING IS RESIDENTIAL
09:23:23 LOTS, EVEN FOR THE FUTURE USE, THEY ARE MEANT TO BE
09:23:26 RESIDENTIAL LOTS, BUT THEY ARE CHANGING THAT INTO A
09:23:28 PARKING LOT.
09:23:29 I HAD A BUNCH OF SLIDES FOR WAIVERS, BUT THEY HAVE GOTTEN
09:23:33 RID OF TWO OF THEM.
09:23:35 CONCENTRATE ON WAIVER ONE, WHICH IS TO PERMIT ACCESS TO
09:23:37 THE LOCAL STREET.
09:23:38 YOU WILL HEAR THE TRAFFIC PROBLEMS THAT WE HAVE HERE, IF
09:23:40 YOU READ THROUGH THE CORRESPONDENCE, YOU KNOW THAT THERE
09:23:42 IS A SPEEDING PROBLEM THROUGH THIS NEIGHBORHOOD.
09:23:44 AND ALSO IN THIS INTERSECTION RIGHT HERE, THERE'S BEEN 12
09:23:49 ACCIDENTS IN THE PAST FIVE YEARS.
09:23:51 SO NOW WE HAVE A BIGGER PARKING LOT WITH CARS COMING OUT.
09:23:54 THEIR CHOICES ARE EITHER TO GO INTO THE INTERSECTION,
09:23:57 WHICH IS VERY DANGEROUS, OR FILTER THROUGH THE
09:23:59 NEIGHBORHOODS GOING NORTH TOWARDS CYPRESS AND SOUTH TO
09:24:03 KENNEDY.
09:24:03 BECAUSE THEY ARE CLOSING THESE HOUSES DOWN, THE SITUATION
09:24:08 THAT YOU'RE SEEING ON GRAY STREET WHERE CARS ARE PARKING
09:24:10 ON THE STREET WILL NOW BE POSSIBLE ON CARMEN STREET
09:24:13 BECAUSE THE DRIVEWAYS AND THOSE HOMES WILL GO AWAY.
09:24:15 SO WE FEEL THAT THIS GOES AGAINST OUR POLICY 6.1.9, AND
09:24:20 SECTION 27-139-4 BECAUSE THE TRAFFIC WILL BE DIRECTED
09:24:24 INTO THE NEIGHBORHOODS, AND THAT'S GOING TO INTERFERE
09:24:28 WITH THE RIGHTS OF THE PROPERTY OWNERS.
09:24:30 I JUST WANT TO SAY REAL QUICK, WE ARE AGAINST THIS BUT WE
09:24:35 ARE NOT AGAINST DEVELOPMENT.
09:24:36 WE HAVE TALKED TO -- COMING INTO THE NEIGHBORHOOD WITH
09:24:42 GREAT COORDINATION AND WE'VE HAD SOME REALLY POSITIVE
09:24:44 THINGS COME OF IT.
09:24:46 WE HAVE NOT BEEN APPROACHED BY THE APPLICANT.
09:24:48 THE CIVIC ASSOCIATION HAS NOT --
09:24:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:24:54 >> WITH THAT, WE ASK THAT YOU DENY THE REZONING REQUEST.
09:24:56 THANK YOU.
09:24:57 >>GUIDO MANISCALCO: THANK YOU.
09:24:57 NEXT SPEAKER IS SARAH GARCIA.
09:25:00 >> HI.
09:25:01 MY NAME IS SARAH GARCIA.
09:25:03 2101 WEST CARMEN STREET.
09:25:06 I HAVE MY SON YELLING IN THE BACKGROUND.
09:25:08 I CAN'T REALLY FOLLOW UP FROM CARLOS BECAUSE HE SAID IT
09:25:12 ALL, BUT WE ARE ON A SMALL STREET, WE'RE ON CARMEN.
09:25:17 THERE ARE LOTS OF KIDS.
09:25:18 THERE'S REALLY NO NEED TO HAVE A PARKING LOT.
09:25:21 I UNDERSTAND WHERE THEY ARE COMING FROM, BUT IF YOU PARK
09:25:25 ON THE STREET, IT'S NOT BAD.
09:25:26 I WORK DOWNTOWN AND I PAY FOR PARKING.
09:25:29 SO BE GRATEFUL YOU HAVE A SPOT TO PARK AND THERE'S
09:25:32 NOTHING THERE.
09:25:34 IT WOULD BE JUST -- THERE ARE TWO HOUSES THAT JUST GOT
09:25:38 BUILT ACROSS THE STREET FROM DOMAIN.
09:25:41 BEAUTIFUL HOUSES ADDING TO THE NEIGHBORHOOD.
09:25:42 IT WOULD BE WONDERFUL TO HAVE ANOTHER HOUSE OR TWO BUILT
09:25:46 ON THAT PROPERTY INSTEAD OF A PARKING LOT.
09:25:48 THAT'S IT.
09:25:52 >>GUIDO MANISCALCO: ALL RIGHT.
09:25:53 THANK YOU VERY MUCH.
09:25:53 I BELIEVE WE ONLY HAD THE TWO REGISTERED SPEAKERS.
09:25:59 I ALREADY ASKED IF ANYBODY HERE WAS SPEAKING ON IT?
09:26:02 ANY OTHER QUESTIONS, COMMENTS FROM COUNCIL MEMBERS BEFORE
09:26:04 WE GET A MOTION TO CLOSE -- I'M SORRY, REBUTTAL FROM THE
09:26:08 APPLICANT?
09:26:13 >>DAVID MECHANIK: DAVID MECHANIK, AGAIN, FOR THE RECORD.
09:26:15 I'LL BE BRIEF.
09:26:16 I DON'T KNOW IF MR. COEN WANTED TO RESPOND, BUT THE TWO
09:26:24 COMMENTS, THE GENTLEMAN SAID THAT THE PARKING LOT WAS
09:26:26 NEVER FULL, WHAT RANDY'S ANALYSIS SHOWS IS THAT THE
09:26:32 PARKING LOT IS OVERCAPACITY BY AT LEAST TWO TIMES, ABOUT
09:26:41 50% OF THE WORKING DAYS OF THE YEAR.
09:26:45 WHILE YOU CAN SORT OF SAY, WELL, IT'S HALF EMPTY OR IT'S
09:26:52 HALF FULL, BUT THE POINT IS THE OVERFLOW IS A PROBLEM
09:26:56 WHEN YOU HAVE ELDERLY AND -- PATIENTS WHO ARE VISUALLY
09:27:04 IMPAIRED.
09:27:06 IT'S NOT A GOOD SITUATION AND I THINK THE DOCTOR IS
09:27:11 TRYING TO DO THE RIGHT THING TO AVOID OR REDUCE IMPACTS
09:27:15 TO THE NEIGHBORHOOD.
09:27:16 ALSO, THERE WAS A COMMENT ABOUT WAIVER ONE.
09:27:20 HE WAS OBJECTING TO WAIVER ONE.
09:27:23 THIS IS AN EXISTING DRIVEWAY THAT WAS APPROVED AS PART OF
09:27:26 THE ORIGINAL PROJECT AND WAS BUILT.
09:27:29 THERE IS NO OTHER MEANS OF ACCESS TO THIS PARKING LOT
09:27:34 OTHER THAN IF YOU WANTED TO OPEN IT UP TO CARMEN, BUT
09:27:37 THAT WOULDN'T SOLVE ANY PROBLEM AT ALL.
09:27:39 THAT WOULD MAKE IT WORSE.
09:27:42 AGAIN, THIS WAIVER IS JUST SIMPLY TO PRESERVE THE
09:27:45 EXISTING DRIVEWAY.
09:27:47 RANDY, DO YOU HAVE ANYTHING YOU WANT TO ADD?
09:27:53 >> THE ONLY THING I WOULD ADD IS WE HAVE STAFF PARKING ON
09:27:56 GRAY AND ON WESTLAND, A SUBSTANTIAL AMOUNT OF THE TIME ON
09:28:00 AN INFREQUENT BASIS, WE HAVE PATRONS PARKING ALONG GRAY
09:28:04 AND ALONG WESTLAND.
09:28:06 THIS PARKING LOT EXPANSION WILL ACTUALLY REDUCE PARKING
09:28:10 ON GRAY AND ON WESTLAND, WHICH ARE PERHAPS CONCERNING TO
09:28:15 THOSE FOLKS IN THAT AREA.
09:28:17 WE HAVE NOT SEEN ANY PARKING ON CARMEN.
09:28:20 WE ARE DOING ABSOLUTELY NOTHING TO ENCOURAGE PARKING ON
09:28:23 CARMEN, AND AS A RESULT I THINK WE ADEQUATELY SHOWN AND
09:28:31 DEMONSTRATED THE DEMAND FOR THIS ADDITIONAL PARKING AND
09:28:34 THAT THERE ARE SAFETY ISSUES REGARDING THIS PARKING
09:28:38 BECAUSE OF WHAT'S CURRENTLY GOING ON WITH ON-STREET
09:28:40 PARKING.
09:28:41 THANK YOU.
09:28:44 >>DAVID MECHANIK: THANK YOU.
09:28:45 THAT IS ALL WE HAVE.
09:28:46 APPRECIATE YOUR CONSIDERATION.
09:28:48 >>JOHN DINGFELDER: MR. MECHANIK, I KNOW MR. SHELBY
09:28:57 DOESN'T LIKE HEARING ME SAY THIS, BUT BASED UPON ALL THE
09:29:00 EVIDENCE -- AND WE'RE ABOUT TO CLOSE THE HEARING -- I'M
09:29:02 NOT SUPPORTIVE OF THE PETITION.
09:29:05 BASICALLY, YOU'RE DOUBLING THE POTENTIAL IMPACT ON THE
09:29:08 EXISTING DRIVEWAY.
09:29:14 SO TO SAY THE WAIVER AS IT EXISTS TODAY IS THE SAME I
09:29:19 THINK IS DISINGENUOUS BECAUSE IT'S TWICE AS MANY PARKING
09:29:24 SPACES USING THAT.
09:29:26 REALIZE YOU HAVE TO GET OUT TO THE SIDE STREET, BUT
09:29:29 YOU'RE DOUBLING THE IMPACT.
09:29:30 BUT THAT'S NOT MY QUESTION.
09:29:32 I JUST WANTED TO TELL YOU WHY I CAN'T SUPPORT THE
09:29:35 PETITION.
09:29:35 BUT MY QUESTION IS THIS, DAVID, IS -- MR. MECHANIK, IF
09:29:42 COUNCIL APPROVED THIS, I'M NOT SURE IT'S A GOOD IDEA TO
09:29:45 INCLUDE THE ADDITIONAL CONDITION THAT YOU JUST PROPOSED
09:29:52 TO STAFF AND LEGAL.
09:29:53 THE ONLY REASON I SAY THAT IS, IF THERE IS ADDITIONAL
09:29:56 PARKING THERE, THIS NEIGHBORHOOD HAS FELT THE IMPACTS OF
09:30:00 THE JCC THAT MAYBE THAT WOULD BE A GOOD PLACE FOR THE
09:30:04 OVERFLOW PARKING OF THE JCC.
09:30:06 NOW, I KNOW I'M TALKING OUT OF BOTH SIDES OF MY MOUTH.
09:30:12 I JUST WANT COUNCIL TO THINK ABOUT THAT A LITTLE BIT
09:30:14 BECAUSE WE'VE ALL HEARD COMPLAINTS OF THE OVERFLOW
09:30:18 PARKING FROM THE JCC.
09:30:19 SO BEFORE WE GO THROW ON THAT CONDITION, AND THAT
09:30:21 CONDITION IS FOREVER, I WANT EVERYBODY TO THINK ABOUT
09:30:25 THAT.
09:30:26 BUT, LIKE I SAID BEFORE, I PROBABLY DON'T HAVE ANY
09:30:30 STANDING TO EVEN MENTION ANY OF THIS BECAUSE I'M NOT
09:30:32 GOING TO SUPPORT THE PETITION.
09:30:34 >>DAVID MECHANIK: UNDERSTOOD.
09:30:34 I THINK WE ARE WILLING TO ADD THE CONDITION OR NOT ADD
09:30:37 THE CONDITION AT THE PLEASURE OF COUNCIL.
09:30:40 >>GUIDO MANISCALCO: ANYBODY ELSE BEFORE WE ASK FOR A
09:30:43 MOTION TO CLOSE?
09:30:44 >>ORLANDO GUDES: MOVE TO CLOSE.
09:30:45 >>GUIDO MANISCALCO: MOTION TO CLOSE BY COUNCILMAN GUDES.
09:30:46 SECOND FROM COUNCILMAN VIERA.
09:30:48 ALL IN FAVOR?
09:30:50 AYE.
09:30:51 ANY OPPOSED?
09:30:51 COUNCIL MEMBER VIERA, WOULD YOU MIND TAKING THIS ITEM?
09:30:56 >>LUIS VIERA: I WILL, SIR.
09:30:58 THANK YOU, MR. CHAIR.
09:30:59 I HEREBY MOVE A SUBSTITUTE ORDINANCE BEING PRESENTED FOR
09:31:02 FIRST READING CONSIDERATION, AN ORDINANCE REZONING
09:31:04 PROPERTY IN THE GENERAL VICINITY OF 501 NORTH HOWARD
09:31:06 AVENUE, 2113 WEST GRAY STREET, AND 2114 AND 2118 WEST
09:31:13 CARMEN STREET IN THE CITY OF TAMPA, FLORIDA AND MORE
09:31:16 PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT
09:31:18 CLASSIFICATION PD PLANNED DEVELOPMENT AND RS-50,
09:31:21 RESIDENTIAL SINGLE-FAMILY, TO PD PLANNED DEVELOPMENT,
09:31:23 MEDICAL OFFICE AND BUSINESS/PROFESSIONAL OFFICE;
09:31:25 PROVIDING AN EFFECTIVE DATE.
09:31:27 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
09:31:28 >>MARTIN SHELBY: IF WE CAN, MR. CHAIRMAN, DO YOU HAVE THE
09:31:30 ADDITIONAL INFORMATION THAT YOU MIGHT WANT TO ADD?
09:31:34 >>LUIS VIERA: SORRY, YES.
09:31:35 >>MARTIN SHELBY: WITH REGARD TO THE REVISION SHEET THAT
09:31:38 WAS PROVIDED BY STAFF AND ALSO THE REFERENCE, THE
09:31:43 PROPOSED CHANGES BY THE PETITIONER BETWEEN FIRST AND
09:31:45 SECOND READING, AND IF THERE ARE ANY ADDITIONAL
09:31:47 QUESTIONS, PARTICULARLY WITH REGARD TO THE PARKING
09:31:51 CONDITIONS, IF YOU COULD REFERENCE THOSE, IF IT'S
09:31:54 COUNCIL'S PLEASURE TO DO SO.
09:31:55 >>LUIS VIERA: YES.
09:31:56 AND ALSO THE PROPOSED DEVELOPMENT AS SHOWN ON THE SITE
09:31:58 PLAN PROMOTES OR ENCOURAGES DEVELOPMENT, APPROPRIATE
09:32:01 LOCATION, CHARACTER AND COMPATIBILITY WITH THE
09:32:03 SURROUNDING NEIGHBORHOOD PROPOSED USE PROMOTES THE
09:32:05 EFFICIENT AND SUSTAINABLE USE OF LAND AND INFRASTRUCTURE.
09:32:08 >>GUIDO MANISCALCO: ALL RIGHT.
09:32:09 DO WE HAVE A SECOND?
09:32:13 >>JOSEPH CITRO: I'LL SECOND THAT WITH ADDING IN THE
09:32:15 CONDITION, YES.
09:32:15 >>MARTIN SHELBY: WHICH CONDITION IS THAT SPECIFICALLY?
09:32:18 >>JOSEPH CITRO: THAT IT WILL NOT BE USED FOR ANY OTHER
09:32:20 TIME EXCEPT FOR PATIENTS AND/OR WORK STAFF.
09:32:23 >>GUIDO MANISCALCO: ALL RIGHT.
09:32:24 WE HAVE A MOTION FROM COUNCILMAN VIERA.
09:32:27 >>JOHN DINGFELDER: QUESTION ON THE MOTION.
09:32:29 MR. VIERA, I KNOW --
09:32:32 >>GUIDO MANISCALCO: YES, MR. MANASSE.
09:32:34 >>RYAN MANASSE: WE'RE TALKING OVER HERE.
09:32:36 WE MAY NEED THE HOURS OF OPERATION IN IF WE'RE GOING TO
09:32:39 BE RESTRICTING, TO BE FOR EMPLOYEES OR CUSTOMERS ONLY OF
09:32:42 THE BUSINESS.
09:32:43 >>JOSEPH CITRO: I BELIEVE MR. MECHANIK HAD STATED 7:00
09:32:48 WAS THE LATEST.
09:32:52 >> MONDAY THROUGH SUNDAY.
09:32:55 >>JOSEPH CITRO: ARE WE GOING TO GET MORE EVIDENCE -- MOVE
09:32:59 TO REOPEN.
09:33:00 >>DAVID MECHANIK: 8:00 IN THE EVENING, I DON'T THINK THAT
09:33:02 HAS ANY IMPACT WHATSOEVER.
09:33:04 >>GUIDO MANISCALCO: LET'S GET A MOTION TO REOPEN THE
09:33:06 HEARING.
09:33:06 MOTION FROM COUNCILMAN CITRO.
09:33:08 SECOND FROM COUNCILMAN MIRANDA.
09:33:11 ALL IN FAVOR?
09:33:12 GO AHEAD.
09:33:13 GO AHEAD, MR. MECHANIK.
09:33:17 WE HAD TO REOPEN THE PUBLIC HEARING.
09:33:18 >>DAVID MECHANIK: DAVID MECHANIK, FOR THE RECORD.
09:33:21 I MEAN, WE HAD PROPOSED A CONDITION, WOULDN'T LEASE OR
09:33:27 ALLOW PARKING TO ANYONE OUTSIDE OF EMPLOYEES OR PATIENTS
09:33:33 OF THE MEDICAL PRACTICE, BUT HOURS OF OPERATION, I'M NOT
09:33:38 SURE HOW THAT WORKS, IF A DOCTOR IS WORKING FILLING OUT
09:33:43 RECORDS AT 8 P.M., THAT WOULD THEORETICALLY BE A
09:33:48 VIOLATION OF THAT CONDITION.
09:33:50 BUT THE NORMAL PATIENT IN AND OUT OF THE OFFICE IS FIVE
09:33:56 OR 5:30, SOMETHING ALONG THOSE LINES.
09:33:58 BUT, AGAIN, THERE COULD BE STRAGGLERS THAT COULD BE 6.
09:34:04 WE'RE NOT TALKING ABOUT ANY SIGNIFICANT USAGE AT THAT
09:34:06 POINT.
09:34:07 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
09:34:09 JUST TO ADD ON AND WE'RE NOT TRYING TO BE STUBBORN.
09:34:13 IT COMES TO AN ENFORCEMENT ISSUE.
09:34:15 IF WE HAVE TO ENFORCE THIS NO PARKING REQUIREMENT, HOW DO
09:34:18 WE ENFORCE IT WITHOUT HAVING SOME TYPES OF HOURS OF
09:34:20 OPERATION?
09:34:22 >>CHARLIE MIRANDA: IT'S A SIMPLE ONE.
09:34:28 >>JOSEPH CITRO: AGAIN, WE HAVE STATED -- STATED THAT THE
09:34:33 PARKING WOULD ONLY BE USED FOR CLIENTS.
09:34:36 >>DAVID MECHANIK: CORRECT -- PATIENTS, CLIENTS.
09:34:40 >>JOSEPH CITRO: -- DOCTORS.
09:34:41 IF A DOCTOR IS THERE UNTIL 8:00, HE IS STILL PERMITTED TO
09:34:44 PARK THERE.
09:34:45 >>RYAN MANASSE: JUST FROM OUR STANDPOINT, WE WOULD NOT
09:34:48 KNOW IF THAT IS THE DOCTOR OR NOT.
09:34:50 THERE'S NO WAY TO KNOW WHEN THE PARKING LOT IS NOT
09:34:53 ACTUALLY BEING UTILIZED BY THE --
09:34:55 >>JOSEPH CITRO: MR. CHAIR, I WILL WITHDRAW MY MOTION ON
09:34:59 THE CONDITIONS.
09:35:00 BUT I JUST FORESEE SOMETHING HAPPENING, WHAT HAS HAPPENED
09:35:03 AT VILA BROTHERS PARK WITH THE PAST.
09:35:06 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA.
09:35:07 >>CHARLIE MIRANDA: I'M NOT TRYING TO GET INVOLVED IN HOW
09:35:09 TO IDENTIFY A CAR, BUT THAT'S VERY EASY WHEN YOU CAN PARK
09:35:15 -- YOU HAVE STAFF, YOU KNOW HOW MANY STAFF YOU HAVE.
09:35:18 YOU MARK THEM AS STAFF AND YOU HAVE A LITTLE PLACARD ON A
09:35:21 CAR WITH NUMBER ONE, TWO, THREE, FOUR, FIVE, SIX.
09:35:24 UNLESS YOU HAVE A BREAKDOWN OR SOMETHING, YOU'RE GOING TO
09:35:26 DRIVE YOUR CAR, 99.9% OF THE TIME YOU'RE GOING TO DO
09:35:29 THAT.
09:35:29 I DO THAT WITH MY OTHER JOB.
09:35:31 I PARK IN MY SPOT, AND THAT'S IT.
09:35:36 I GOT A LITTLE PLACARD THAT THEY GIVE ME.
09:35:39 >>DAVID MECHANIK: WE WOULD CERTAINLY BE WILLING TO POST
09:35:41 THE PROPERTY THAT NO PARKING OTHER THAN PATIENTS OR
09:35:46 EMPLOYEES OF THE EYE CLINIC.
09:35:49 >>CHARLIE MIRANDA: YEAH.
09:35:50 AND I BELIEVE WHAT THE TRAFFIC CONSULTANT SAID, YOU CAN
09:35:56 ALSO POST YOU'LL HAVE IT TOWED.
09:35:57 >>DAVID MECHANIK: WE ARE TRYING TO BE AS COOPERATIVE AS
09:36:01 WE CAN BE HERE.
09:36:02 I APOLOGIZE.
09:36:03 >>CHARLIE MIRANDA: I UNDERSTAND.
09:36:04 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
09:36:05 >>JOHN DINGFELDER: SO IF MR. CITRO WITHDREW HIS SECOND,
09:36:10 I'LL SECOND THE MOTION -- MR. VIERA'S MOTION IN REGARD TO
09:36:15 THIS PETITION WITHOUT ANY OF THESE CONDITIONS THAT MR.
09:36:22 MECHANIK IS REFERRING TO.
09:36:24 BECAUSE AGAIN, MR. CITRO, THAT'S EXACTLY THE POINT IS THE
09:36:27 VILA BROTHERS, THE PROBLEM WITH THE VILA BROTHERS IS THAT
09:36:30 WAS PUBLIC PROPERTY.
09:36:31 THAT WAS CITY PARK.
09:36:34 AND IT WAS COMPLETELY WRONG OF THE JCC AND THE CITY TO
09:36:38 ALLOW THAT OVERFLOW PARKING TO GO THERE.
09:36:41 BUT THE REALITY IS THAT FACILITY, THE ARMORY, IS A BIG
09:36:45 FACILITY, FOR WHATEVER REASON, IT GOT APPROVED WITHOUT
09:36:48 ENOUGH PARKING, SO NOW THERE'S OVERFLOW PARKING.
09:36:50 SO MY POINT IS, IF THIS PASSES, IT MIGHT NOT BE A BAD
09:36:55 IDEA FOR SOME OF THAT JCC OVERFLOW PARKING TO BE ABLE TO
09:37:00 GO 80 OR 90 SPACES IN THE EVENING OR ON THE WEEKENDS INTO
09:37:04 THERE.
09:37:05 SO THAT'S WHY I THINK OF A MORE PURE APPROACH, MR.
09:37:10 VIERA'S MOTION, AND I CAN'T TELL YOU, MR. VIERA, HOW TO
09:37:13 MAKE YOUR MOTION, BUT I THINK A MORE PURE APPROACH WOULD
09:37:15 BE JUST APPROVE WHAT THEY'VE ASKED FOR AND LEAVE IT THERE
09:37:20 BECAUSE, LIKE I SAY, THAT MIGHT BE A GOOD OPPORTUNITY TO
09:37:25 HELP THE NEIGHBORHOOD WITH SOME OF THAT OVERFLOW PARKING
09:37:27 FROM THE JCC.
09:37:29 >>JOSEPH CITRO: ONE MORE STATEMENT, IF I MAY, MR. CHAIR.
09:37:32 COUNCILMAN DINGFELDER, THEN YOU'RE PUTTING UNDUE BURDEN
09:37:36 ON THE NEIGHBORS LIVING NEXT TO THE PARKING AREAS, IN MY
09:37:38 OPINION.
09:37:38 WITH THEIR CONSENT, I SAY, YES, IT'S GREAT.
09:37:42 BUT WE DON'T HAVE THEIR CONSENT RIGHT NOW.
09:37:46 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
09:37:47 >>ORLANDO GUDES: AGAIN, YOU GO WITH A DOUBLE-EDGED SWORD.
09:37:50 AND AT THE END OF THE DAY, BOTH ENDS OF THE SWORD ARE
09:37:53 STICKING THE COMMUNITY.
09:37:55 THAT'S THE WHOLE PREMISE OF THIS WHOLE SITUATION THAT I
09:37:58 SEE.
09:38:00 AT THIS POINT, I DON'T THINK I'LL BE SUPPORTING THIS ITEM
09:38:02 BECAUSE I DON'T SEE A WIN EITHER WAY YOU LOOK AT IT, TO
09:38:07 BE HONEST.
09:38:09 JUST THE WAY I SEE IT AT THIS POINT.
09:38:19 >>LUIS VIERA: WE CLOSED THE HEARING -- LET'S REOPEN, I
09:38:23 WOULD SUGGEST, BECAUSE WE'RE TALKING ABOUT CHANGES TO THE
09:38:25 MOTION.
09:38:25 >>GUIDO MANISCALCO: WE ALREADY DID REOPEN.
09:38:28 >>LUIS VIERA: IT IS.
09:38:29 I'M SORRY.
09:38:31 >>MARTIN SHELBY: IT'S CURRENTLY OPEN, MR. CHAIRMAN?
09:38:34 >>LUIS VIERA: PAST MY BEDTIME.
09:38:36 >>MARTIN SHELBY: AND THEN IF YOU WISH TO, IF YOU'RE DONE
09:38:39 WITH YOUR DISCUSSION, THEN IT WOULD BE APPROPRIATE, IF
09:38:41 YOU DON'T WANT TO TAKE ANY MORE TESTIMONY -- IT'S
09:38:45 APPROPRIATE TO CLOSE.
09:38:46 >>GUIDO MANISCALCO: MAY I HAVE A MOTION TO CLOSE?
09:38:48 >>LUIS VIERA: I WAS GOING TO SAY, BEFORE, SINCE WE HAD
09:38:50 SOME DISCUSSION, I'D LIKE TO HEAR FROM THE PETITIONER ON
09:38:53 SOME OF THE ISSUES WE DISCUSSED.
09:38:55 >>MARTIN SHELBY: THAT WOULD BE APPROPRIATE BEFORE YOU
09:38:56 CLOSE THE HEARING.
09:38:57 >>DAVID MECHANIK: MR. VIERA, WE ARE, AS I SAID, TRYING TO
09:39:02 BE AS COOPERATIVE AS WE CAN.
09:39:05 WE WOULD AGREE TO THE CONDITION, OR IF IT'S DEEMED
09:39:08 PREFERABLE TO NOT HAVE THE CONDITION, WE WOULD BE OKAY
09:39:13 WITH THAT, TOO.
09:39:14 >>LUIS VIERA: IF I'M FEELING COUNCIL OUT HERE, THAT I
09:39:17 THINK WITHOUT THE CONDITIONS, IT'S GOING TO BE MORE
09:39:20 FAVORABLE.
09:39:20 THAT WOULD BE AMENABLE TO YOU, I WOULD ASSUME.
09:39:24 >>DAVID MECHANIK: YES.
09:39:25 I SUPPOSE.
09:39:26 I'M NOT SURE.
09:39:27 BUT, YES, SIR.
09:39:28 >>LUIS VIERA: LET'S HEAR FROM COUNCIL MEMBERS, IF I MAY,
09:39:30 IN TERMS OF FOLKS' THOUGHTS ON THIS, BEFORE WE CLOSE.
09:39:36 WE'RE HAVING A COUPLE OF OPTIONS HERE, I GUESS, IF YOU
09:39:38 WILL.
09:39:39 >>GUIDO MANISCALCO: I HAVEN'T SAID MUCH.
09:39:41 I HATE TO SEE THE TOKLEY HOUSE DEMOLISHED, BUT IT WENT
09:39:46 BEFORE ANOTHER BOARD.
09:39:47 IT WENT BEFORE ANOTHER GROUP OF PEOPLE AND THEY DID NOT
09:39:50 DEEM IT HISTORICAL.
09:39:53 WHAT AM I GOING TO DO AT THIS POINT?
09:39:55 HE DOESN'T LIVE IN THE HOUSE.
09:39:56 IT WAS PREVIOUSLY SOLD.
09:39:57 IT'S OUT OF OUR HANDS.
09:39:58 AGAIN, I HATE TO SEE BUILDINGS KNOCKED DOWN BECAUSE
09:40:01 THAT'S ALL WE'VE BEEN DOING FOR THE LAST 50 YEARS.
09:40:04 HOWEVER, YOU KNOW, LOOKING AT THIS, REGARDING THE PARKING
09:40:08 AND PUTTING THOSE STIPULATIONS THERE OF NOT PARKING AFTER
09:40:11 THIS OR THAT, THERE WAS THE ISSUE WITH THE JCC THAT WAS
09:40:15 BROUGHT UP, AND A LOT OF COMPLAINTS FROM THE NEIGHBORHOOD
09:40:18 BECAUSE OF THE OVERFLOW.
09:40:20 AND WHATNOT AND VILA BROTHERS PARK AND ALL THESE THINGS,
09:40:23 BECAUSE I HAD TO HELP WITH THAT.
09:40:25 SO I WOULD SUGGEST THAT THOSE STIPULATIONS NOT BE PUT IN
09:40:29 THE PARKING.
09:40:30 JUST LEAVE IT AS IS, AS YOU ORIGINALLY PROPOSED IT, TO
09:40:34 HAVE THAT FLEXIBILITY SHOULD THE PROPERTY OWNER WISH TO
09:40:37 LEASE THAT PARKING TO THE JCC FOR OVERFLOW, THEY HAVE
09:40:41 THAT OPTION, NOT JUST NO PARKING AND THAT'S IT.
09:40:45 >>DAVID MECHANIK: CERTAINLY.
09:40:46 >>CHARLIE MIRANDA: NOT TO MUDDY THE WATERS, HEADLIGHTS
09:40:48 DON'T CREATE MUCH PROBLEM DURING THE DAY.
09:40:50 THEY ONLY CREATE IT AT NIGHT.
09:40:52 I'M NOT GOING TO PUT THE BURDEN ON THE PETITIONER TO PUT
09:40:54 A WALL OR WHATEVER AROUND THE PARKING LOT.
09:40:57 THAT'S WHAT'S HAPPENING.
09:40:58 THAT'S ALL.
09:40:58 THANK YOU.
09:41:00 >>DAVID MECHANIK: WE HAVE A WALL ON BOTH THE EAST AND
09:41:02 WEST BOUNDARY PER THE CODE.
09:41:05 >>GUIDO MANISCALCO: MASONRY WALL ON THE SITE PLAN.
09:41:09 >>DAVID MECHANIK: YES, SIR.
09:41:09 >>GUIDO MANISCALCO: ANYBODY ELSE?
09:41:10 MOTION TO CLOSE?
09:41:12 MOTION FROM COUNCILMAN VIERA.
09:41:17 SECOND FROM COUNCILMAN CITRO.
09:41:19 ALL IN FAVOR?
09:41:20 AYE.
09:41:21 COUNCILMAN VIERA, DO YOU WANT TO --
09:41:23 >>LUIS VIERA: YES, I'LL REMAKE MY MOTION AGAIN AND WAIT
09:41:26 FOR A SECOND.
09:41:28 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER
09:41:31 VIERA.
09:41:31 DO WE HAVE A SECOND?
09:41:33 >>JOHN DINGFELDER: I'LL SECOND IT, AND I'LL ASSUME THAT
09:41:36 THE MOTION DID NOT INCLUDE THE --
09:41:39 >>LUIS VIERA: YES, BASED UPON THE, NUMBER ONE, THE
09:41:45 APPLICANT, THERE APPEARS TO BE NO SIGNIFICANT POLICY
09:41:48 BASED PREFERENCE.
09:41:49 THAT'S FINE.
09:41:51 >>MARTIN SHELBY: MR. VIERA, IF I CAN JUST STATE OR IF YOU
09:41:55 COULD JUST STATE AGAIN, INCLUDES THE REVISION SHEET PLUS
09:41:58 THE CHANGES THAT WERE PRESENTED BY THE PETITIONER.
09:42:01 >>LUIS VIERA: YES.
09:42:02 >>MARTIN SHELBY: BETWEEN FIRST AND SECOND READING.
09:42:03 >>LUIS VIERA: YES.
09:42:04 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN VIERA.
09:42:06 DO WE HAVE A SECOND?
09:42:07 >>JOHN DINGFELDER: SECOND.
09:42:08 >>GUIDO MANISCALCO: SECOND FROM COUNCIL MEMBER
09:42:09 DINGFELDER.
09:42:10 ALL IN FAVOR SAY AYE.
09:42:12 ANY OPPOSED?
09:42:13 WE HAVE A NAY FROM -- ROLL CALL.
09:42:21 >>THE CLERK: VIERA?
09:42:22 >>LUIS VIERA: YES.
09:42:24 >>ORLANDO GUDES: NO.
09:42:26 >>JOHN DINGFELDER: YES.
09:42:28 >>GUIDO MANISCALCO: YES.
09:42:31 >>THE CLERK: CARLSON?
09:42:32 CITRO?
09:42:32 >>JOSEPH CITRO: YES.
09:42:35 >>CHARLIE MIRANDA: NO.
09:42:37 >>THE CLERK: THE MOTION CARRIED WITH GUDES AND MIRANDA
09:42:39 VOTING NO AND CARLSON BEING ABSENT.
09:42:42 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:42:44 >>THE CLERK: SECOND READING AND ADOPTION ON JANUARY 14 AT
09:42:47 9:30 A.M.
09:42:53 >>GUIDO MANISCALCO: THANK YOU.
09:42:54 ITEM 13.
09:42:55 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
09:42:56 FILE REZ 20-21.
09:42:59 IT'S FOR THE PROPERTY LOCATED AT 6805 NORTH NAVIN AVENUE.
09:43:04 THE REQUEST BEFORE YOU IS GOING FROM SH-RS TO SH-PD.
09:43:08 THAT'S SEMINOLE HEIGHTS PLANNED DEVELOPMENT FOR
09:43:11 SINGLE-FAMILY RESIDENTIAL, SEMI DETACHED.
09:43:13 I'LL DEFER TO THE PLANNING COMMISSION IF YOU PLEASE
09:43:15 RETURN TO ME AFTERWARDS SO I CAN COMPLETE MY REPORT.
09:43:20 >>GUIDO MANISCALCO: MR. HEY, YOU'RE MUTED.
09:43:23 >>DAVID HEY: GOOD EVENING, COUNCIL MEMBERS, DAVID HEY,
09:43:27 AGAIN, WITH YOUR PLANNING COMMISSION STAFF.
09:43:30 I HAVE BEEN SWORN.
09:43:31 THE NEXT SITE IS REZONING 20-21.
09:43:34 IT IS LOCATED WITHIN THE CENTRAL TAMPA PLANNING DISTRICT
09:43:38 AND MORE SPECIFICALLY WITHIN THE SEMINOLE HEIGHTS URBAN
09:43:42 VILLAGE AND THE OLD SEMINOLE HEIGHTS NEIGHBORHOOD.
09:43:45 THERE IS TRANSIT WITHIN THE AREA.
09:43:49 HART GROUP ONE AND THE METRO RAPID ROUTE SERVE THE
09:43:53 SUBJECT SITE.
09:43:55 AND THE STOP IS LOCATED APPROXIMATELY 320 FEET TO THE
09:43:59 WEST.
09:44:00 THE CLOSEST PUBLIC RECREATION FACILITY IS AMERICAN LEGION
09:44:04 PARK, AND THAT'S LOCATED .17 MILES TO THE NORTH OF THE
09:44:09 SUBJECT SITE, AND THE SITE IS NOT LOCATED WITHIN AN
09:44:12 EVACUATION ZONE.
09:44:14 >>JOHN DINGFELDER: POINT OF ORDER, MR. CHAIR.
09:44:17 I THINK WE SHOULD MAKE SURE THE PETITIONER IS ONLINE AND
09:44:21 PARTICIPATING BEFORE WE WASTE TIME ON IT.
09:44:26 >>GUIDO MANISCALCO: IS ELISE BATSEL?
09:44:30 >>RYAN MANASSE: THEIR AGENT IS HERE.
09:44:32 >>JOHN DINGFELDER: I WAS LOOKING FOR ELISE AND YOU
09:44:34 WEREN'T HERE.
09:44:35 THANK YOU, MR. CHAIRMAN.
09:44:36 >>GUIDO MANISCALCO: GO AHEAD.
09:44:37 SORRY ABOUT THAT.
09:44:40 >>DAVID HEY: NEXT, ON TO THE AERIAL, THIS IS THE SUBJECT
09:44:42 SITE.
09:44:44 POCAHONTAS, EAST POCAHONTAS AVENUE IS TO THE SOUTH.
09:44:49 YOU HAVE NORTH CENTRAL AVENUE ABOUT A BLOCK TO THE EAST,
09:44:52 AND THEN SLIGH AVENUE AND THE INTERCHANGE WITH I-275 IS
09:44:58 LOCATED ABOUT TWO BLOCKS TO THE NORTH.
09:45:02 THE SURROUNDING AREA IS PRIMARILY SINGLE-FAMILY DETACHED.
09:45:06 THERE ARE COMMERCIAL USES PRESENT TO THE NORTH OF THE
09:45:11 SUBJECT SITE AT THE INTERSECTION OF SLIGH AND CENTRAL.
09:45:14 HERE WE HAVE THE ADOPTED FUTURE LAND USE MAP.
09:45:19 YOU COULD SEE THE SUBJECT SITE AND THE PARCELS TO --
09:45:24 BASICALLY ON FOUR SIDES ARE ALL RESIDENTIAL TEN.
09:45:29 TO THE NORTHEAST OF THE SUBJECT SITE, IT GOES UP TO
09:45:33 RESIDENTIAL 20.
09:45:34 THAT'S IN THE BROWN, AND THEN WE GET TO THE MORE
09:45:36 INTENSIVE COMMUNITY MIXED USE-35 REPRESENTED BY THE PINK
09:45:42 LOCATED TO THE NORTHEAST AROUND CENTRAL AND SLIGH AVENUE
09:45:48 INTERSECTION.
09:45:49 THE ADOPTED FUTURE LAND USE MAP, AGAIN, IS RESIDENTIAL
09:45:53 10.
09:45:53 IT DOES ALLOW FOR SINGLE-FAMILY DETACHED HOUSING.
09:45:57 IT DOES ALLOW LIMITED TOWNHOMES AND OTHER NEIGHBORHOOD
09:46:01 SERVING USES.
09:46:02 THE DEVELOPMENT PATTERN TRANSITIONS TO THAT RESIDENTIAL
09:46:05 20 TO THE NORTHEAST, WHICH ALLOWS CONSIDERATION FOR
09:46:09 HIGHER DENSITY THAN THE RESIDENTIAL 10.
09:46:13 THE SITE IS LOCATED WITHIN THE SEMINOLE HEIGHTS URBAN
09:46:18 VILLAGE, WHICH IS ONE OF THE DESIGNATED AREAS OF THE CITY
09:46:21 WHICH SEEKS TO SUPPORT A HIGH-QUALITY DEVELOPMENT
09:46:25 PATTERN.
09:46:25 IN ORDER TO ACHIEVE A HIGHER DENSITY WITHIN DESIRED AREAS
09:46:28 OF THE SEMINOLE HEIGHTS URBAN VILLAGE, A NODE BONUS IS IN
09:46:32 PLACE, WHICH SEEKS TO FOCUS INFILL DEVELOPMENT TOWARDS
09:46:36 SPECIFIC NODES AND CORRIDORS.
09:46:38 NEIGHBORHOOD POLICY 3.2.1 ALLOWS A DENSITY OR INTENSITY
09:46:44 BONUS FOR PROJECTS LOCATED WITHIN IDENTIFIED NODES IN
09:46:48 SEMINOLE HEIGHTS.
09:46:49 THE SUBJECT SITE IS WITHIN .5 MILES OF AN IDENTIFIED
09:46:54 COMMUNITY NODE, AND THAT'S AT NORTH NEBRASKA AVENUE AND
09:46:57 EAST SLIGH.
09:46:57 WHILE THE MAXIMUM DENSITY ALLOWED FOR THE SITE PER THE
09:47:01 R-10 FLU CATEGORY IS THREE DWELLING UNITS, THE APPLICANT
09:47:08 IS REQUESTING ONE ADDITIONAL UNIT FOR A TOTAL OF FOUR
09:47:11 WHICH IS ALLOWABLE UNDER THE DENSITY BONUS MECHANISM.
09:47:15 PROVIDING A MIX OF RESIDENTIAL CHOICES WHILE RESPECTING
09:47:19 THE SCALE OF THE SURROUNDING COMMUNITY IS CONSISTENT WITH
09:47:22 THE POLICY DIRECTION REGARDING ALL URBAN VILLAGES.
09:47:25 FURTHER, THE COMPREHENSIVE PLAN SEEKS TO PROVIDE FOR
09:47:28 DIFFERENT INTENSITIES OF SINGLE-FAMILY AREAS TO REFLECT
09:47:32 DIFFERENCES IN THE EXISTING AND DESIRED CHARACTER OF
09:47:35 THESE AREAS.
09:47:36 A REVIEW OF THE ELEVATIONS SUBMITTED WITH THE SITE PLAN
09:47:40 ILLUSTRATES THAT THE PROPOSED MASSING AND SCALE OF THE
09:47:43 DEVELOPMENT COMPLEMENTS THE EXISTING NEIGHBORHOOD.
09:47:46 PROPOSED PD ALSO UTILIZES AN ALLEY FOR GARAGE FOR TWO OF
09:47:51 THE UNITS, FURTHERING COMPREHENSIVE PLAN POLICY DIRECTION
09:47:55 SPECIFICALLY LAND USE POLICY 4.4.6.
09:47:58 THE COMPREHENSIVE PLAN ALSO ENCOURAGES NEW HOUSING ON
09:48:02 VACANT OR UNDERUTILIZED LAND, GIVING THE DEVELOPMENT
09:48:05 POTENTIAL AVAILABLE TO BE UTILIZED IN THIS AREA OF THE
09:48:08 CITY THROUGH THE NODE BONUS, THE SUBJECT SITE IS
09:48:12 CONSIDERED BY PLANNING COMMISSION STAFF IS UNDERUTILIZED
09:48:16 UNDER ITS CURRENT USE.
09:48:17 OVERALL, THE PROPOSED REZONING FURTHERS SEVERAL
09:48:21 COMPREHENSIVE PLAN POLICIES PROMOTING RESIDENTIAL INFILL
09:48:25 IN APPROPRIATE AREAS, ESPECIALLY WITHIN AREAS IN
09:48:27 PROXIMITY TO EMPLOYMENT AND TRANSIT OPTIONS.
09:48:30 PROPOSED REZONING BALANCES THE NEED TO BE SENSITIVE TO
09:48:33 AREAS PLANNED FOR SINGLE-FAMILY DETACHED WHILE ALSO
09:48:36 RECOGNIZING THE NEED FOR ADDITIONAL HOUSING OPTIONS
09:48:39 WITHIN DESIGNATED AREAS.
09:48:41 BASED ON THOSE CONSIDERATIONS, THE PLANNING COMMISSION
09:48:43 STAFF RECOMMENDS TO YOU THIS EVENING THAT THE PROPOSED
09:48:47 PLANNED DEVELOPMENT BE FOUND CONSISTENT WITH THE
09:48:49 PROVISIONS OF THE IMAGINE 2040 TAMPA COMPREHENSIVE PLAN.
09:48:52 THANK YOU.
09:48:54 THAT CONCLUDES MY PRESENTATION.
09:48:55 >>GUIDO MANISCALCO: ANY QUESTIONS?
09:48:56 MR. MANASSE.
09:48:58 >>RYAN MANASSE: THANK YOU, CHAIR.
09:49:00 DEVELOPMENT COORDINATION.
09:49:00 AGAIN, ITEM 13 IS REZ 20-21.
09:49:03 I WOULD JUST LIKE TO POINT OUT FOR THE RECORD STARTING
09:49:06 OUT THAT THERE IS A REVISED REVISION SHEET THAT I WILL BE
09:49:09 TURNING INTO MR. SHELBY AS WELL AS MR. CREW OVER THERE
09:49:12 FOR THE CITY CLERK, THE AGENT AS WELL AS PLANNING STAFF
09:49:14 DO AGREE UPON THE CHANGES.
09:49:15 I'LL HIT ON A COUPLE OF THE CHANGES TOWARDS THE END OF MY
09:49:18 REPORT TO GO INTO DETAIL ABOUT THE BONUS NODE THAT DAVID
09:49:20 HEY WAS REFERENCING.
09:49:21 SO THE SITE IS ON SCREEN.
09:49:27 THE APPLICANT IS PROPOSING TO REZONE PROPERTY AT 6805
09:49:31 NORTH NAVIN AVENUE FROM SH-RS TO SH-PD.
09:49:36 THIS IS TO ALLOW FOR RESIDENTIAL SINGLE-FAMILY SEMI
09:49:40 DETACHED UNITS.
09:49:40 THE PROPERTY IS LOCATED THE EAST SIDE OF NAVIN AVENUE
09:49:43 BETWEEN EAST HIAWATHA STREET AND EAST POCAHONTAS AVENUE.
09:49:47 THE LOT CONTAINS 14,700 SQUARE FEET FOR .34 ACRES.
09:49:52 THE SETBACKS FOR THE NORTH ARE 17 FEET AND THAT'S FOR THE
09:49:55 PRIMARY STRUCTURE.
09:49:56 FIVE FEET FOR THE PORCH, 13 FEET FOR THE ATTACHED GARAGE.
09:50:01 TO THE SOUTH, 17 FEET FOR THE PRIMARY STRUCTURE, 5 FEET
09:50:04 FOR THE PORCH, 13 FEET FOR THE ATTACHED GARAGE, AND THE
09:50:08 EAST IS 3 FEET FOR THE PRIMARY STRUCTURE, 15 FEET FOR THE
09:50:12 DETACHED GARAGE, AND WEST 20 FEET FOR THE PRIMARY
09:50:16 STRUCTURE, 12 FEET FOR THE PORCH, AND 60 FEET FOR THE
09:50:20 DETACHED GARAGE.
09:50:21 THE MAXIMUM BUILDING HEIGHT IS PROPOSED AT 35 FEET FOR
09:50:25 THE PRIMARY STRUCTURE AND 22 FEET 6 INCHES FOR THE
09:50:29 ACCESSORY STRUCTURE.
09:50:31 THE APPLICANT PROPOSES FRONT ENTRY TO ALL UNITS ON THE
09:50:35 WEST NORTH NAVIN AVENUE WITH PARKING ACCESS ON THE
09:50:39 NORTHEAST HIAWATHA STREET AND THE SOUTHEAST POCAHONTAS
09:50:42 AVENUE.
09:50:43 ALL UNITS ARE TWO STORIES IN HEIGHT WITH THE NORTH AND
09:50:45 SOUTH UNITS CONTAINING ATTACHED TWO-CAR ENCLOSED GARAGE
09:50:50 PARKING.
09:50:51 AND THE TWO MIDDLE UNITS CONTAINING ONE PORTE-COCHERE
09:50:54 PARKING AND ONE CAR DETACHED GARAGE PARKING.
09:50:56 THE TOTAL OF TWO PARKING SPACES ARE REQUIRED FOR EACH
09:51:00 DWELLING UNIT, AND TWO PARKING SPACES ARE BEING PROVIDED
09:51:03 FOR EACH DWELLING UNIT.
09:51:05 THE PROPERTY IS SURROUNDED BY RESIDENTIAL SINGLE-FAMILY
09:51:07 IN THE SH-RS ZONING DISTRICTS TO THE NORTH, SOUTH, EAST
09:51:10 AND WEST.
09:51:11 AND THE SITE IS LOCATED IN THE SEMINOLE HEIGHTS DISTRICT
09:51:14 AND COMPLIANCE WITH THAT DISTRICT DEVELOPMENT STANDARDS
09:51:17 IS REQUIRED.
09:51:19 THERE WERE NO HISTORIC LANDMARK STRUCTURES WITHIN A
09:51:22 THOUSAND FEET OF THE SUBJECT SITE, AND THERE ARE SOME
09:51:25 MINOR SITE PLAN MODIFICATIONS AS THE REVISED SITE PLAN --
09:51:29 I'M SORRY, THE REVISED REVISION SHEET THAT I'LL TURN IN
09:51:32 THAT THE AGENT AND PLANNING STAFF HAS AGREED TO.
09:51:36 THAT WAS FOR DEVELOPMENT COORDINATION, NATURAL RESOURCES,
09:51:39 STORMWATER, AS WELL AS URBAN DESIGN FOR THE SEMINOLE
09:51:42 HEIGHTS DISTRICT.
09:51:43 TO GO INTO THE LOCATION -- AND DAVID HEY PRETTY MUCH
09:51:48 POINTED OUT -- I'LL SHOW YOU THE SITE, ACTUALLY, THAT'S
09:51:51 ON SCREEN FIRST AND EXPLAIN THAT A LITTLE BIT.
09:51:52 SO THE PORTE-COCHERES FOR THE TWO INTERIOR UNITS THAT ARE
09:51:57 FACING NAVIN AND THEN THE REAR GARAGE.
09:52:01 THAT'S MEETING THE PARKING REQUIREMENT FOR THE TWO
09:52:02 INTERNAL UNITS.
09:52:04 THE DETACHED GARAGES FOR NORTH AND SOUTH UNITS.
09:52:06 SO YOU HAVE FOUR UNITS.
09:52:07 AS DAVID STATED PER THE POLICY IN THE COMP PLAN, IT DOES
09:52:11 STATE THAT THE BONUS NODE CAN BE ACTIVATED AND THAT'S HOW
09:52:16 THEY ARE GETTING THE FOUR UNITS.
09:52:17 THE DETERMINATION FOR THOSE IMPROVEMENTS WAS REVIEWED BY
09:52:24 PLANNING STAFF, AS WELL AS THE ZONING ADMINISTRATOR, TO
09:52:27 -- FOR ENHANCEMENTS TO THE BENEFIT OF THE PUBLIC REALM.
09:52:31 AND WHAT I'LL SHOW YOU NOW IS THE REVISED REVISION SHEET.
09:52:35 AND SPECIFICALLY THIS BULLET POINT ITEM, THIS IS THE
09:52:39 REVISED -- IT'S A REVISION THAT THE AGENT SENT TO STAFF
09:52:42 SO WE CAN REVIEW IT WITH THE ZONING ADMINISTRATOR TO
09:52:45 DETERMINE WHETHER OR NOT THE ENHANCEMENTS WOULD MEET THE
09:52:48 DEFINITION OR THE INTERPRETATION OF THAT POLICY 3.2.1.
09:52:52 AS YOU CAN SEE, THEY ARE GOING TO BE ADDING ON THE
09:52:56 SOUTHWEST CORNER, THEY ARE GOING TO SHOW A PAD AND A
09:53:00 PUBLIC BENCH -- SORRY, NORTHWEST CORNER AND ADD A PAD
09:53:02 WITH A PUBLIC SITTING AREA AS A POP-UP LIBRARY.
09:53:06 WHAT I DID IS I SNIPPED THE TWO VISUALS FROM THE PLAN
09:53:10 THAT WE REVIEWED TO SHOW COUNCIL TONIGHT.
09:53:14 THE REASON THIS PLAN IS NOT WHAT -- IS NOT THE PLAN
09:53:17 BEFORE YOU IS PROCEDURALLY I CAN'T TAKE A REVISED PLAN AT
09:53:20 THIS STAGE OF A REZONING AND THIS BONUS NODE LANGUAGE AND
09:53:25 INTERPRETATION TOOK A LITTLE BIT MORE TIME.
09:53:26 SO THAT'S WHERE THE REQUEST BETWEEN FIRST AND SECOND
09:53:29 READING IS, WHERE THEY ARE GOING TO ACTUALLY INSTALL
09:53:31 THESE TWO PADS AS DESCRIBED IN THIS AREA, AND THIS AREA
09:53:35 TO MEET THAT DEFINITION OF THAT POLICY 3.2.1 FOR THE
09:53:39 BONUS NOTE SO THEY CAN GET THAT FOURTH UNIT.
09:53:42 AGAIN, THAT'S WHERE THE ENHANCEMENTS THAT BENEFIT THE
09:53:44 PUBLIC REALM.
09:53:46 DAVID DID SHOW YOU A VICINITY MAP.
09:53:49 I'LL GO INTO IT AGAIN.
09:53:50 BUT THE SUBJECT SITE IS OUTLINED IN RED.
09:53:52 IT'S KIND OF LIKE ON ITS OWN LITTLE ZONING LOT MINUS THE
09:53:56 STRUCTURE TO THE BACK, BUT ALL AROUND IT IS SINGLE-FAMILY
09:53:59 RESIDENTIAL.
09:53:59 AND I COULD SHOW YOU SOME PICTURES.
09:54:03 THE SUBJECT SITE, THE CURRENT SINGLE-FAMILY HOME.
09:54:06 MOST OF IT WAS FENCED OFF.
09:54:08 OBVIOUSLY A LARGER SITE.
09:54:09 THERE'S THE ALLEYWAY BETWEEN, HERE IS THE SUBJECT SITE,
09:54:14 AND THEN CLOSEST NEIGHBOR, AND THAT NEIGHBOR WOULD BE TO
09:54:17 THE EAST.
09:54:18 THIS IS THE OTHER SIDE OF THE ALLEY.
09:54:22 AS YOU CAN SEE, IT GOES THROUGH.
09:54:23 THE REST OF THE PHOTOS ARE JUST THE SINGLE-FAMILY HOMES.
09:54:26 I KIND OF WENT IN COUNTERCLOCKWISE PATTERN AROUND THE
09:54:29 BLOCK JUST TO GIVE YOU AN IDEA, BUT, AGAIN, THEY ARE ALL
09:54:32 SINGLE-FAMILY RESIDENTIAL DETACHED DWELLING UNITS.
09:54:34 SO WITH THAT BEING SAID, THE DEVELOPMENT REVIEW AND
09:54:38 COMPLIANCE STAFF, WE DID REVIEW THE APPLICATION, AND WE
09:54:41 FOUND THE REQUEST CONSISTENT WITH THE CITY OF TAMPA LAND
09:54:44 DEVELOPMENT CODE.
09:54:45 THERE ARE NO WAIVERS REQUESTED FOR THIS PETITION, AND
09:54:48 SHOULD IT BE THE PLEASURE OF CITY COUNCIL TO APPROVE THIS
09:54:50 APPLICATION TONIGHT ON FIRST READING, THE MINOR
09:54:54 MODIFICATIONS CAN BE DONE BETWEEN FIRST AND SECOND
09:54:56 READING OF THE REVISED REVISION SHEET THAT I WILL TURN
09:54:59 IN.
09:55:00 STAFF IS AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.
09:55:02 >>GUIDO MANISCALCO: ANY QUESTIONS AT THIS TIME?
09:55:04 COUNCILMAN DINGFELDER.
09:55:08 >>JOHN DINGFELDER: RYAN, GOING BACK TO THE BONUS
09:55:12 PROVISION, IS THERE ANY GUIDANCE WITHIN THE LANGUAGE IS
09:55:21 IT IN THE CODE OR THE COMP PLAN?
09:55:23 THEY ARE GOING FROM THREE UNITS TO FOUR UNITS BASED UPON
09:55:28 THAT BONUS CLAUSE.
09:55:32 THAT'S A HUGE BENEFIT TO A DEVELOPER, AND YET IN RETURN
09:55:40 THEY ARE TALKING ABOUT TWO LITTLE BENCHES.
09:55:43 I COULD GO TO HOME DEPOT AND BUILD FOR $30, PERHAPS.
09:55:47 I DON'T KNOW.
09:55:49 >>MARTIN SHELBY: BECAUSE THIS IS RELEVANT, I WOULD TAKE
09:55:54 THAT SITE PLAN REVISION SHEET AND MAKE COPIES FOR COUNCIL
09:55:58 BECAUSE I BELIEVE YOU'RE ASKING AN EXCELLENT QUESTION,
09:56:03 COUNCILMAN DINGFELDER.
09:56:05 BECAUSE THIS IS SEMINOLE HEIGHTS, AND STAFF WILL TELL YOU
09:56:09 MORE ABOUT IT, IT IS GOING TO BE A FINDING OF COUNCIL TO
09:56:11 MAKE THAT DETERMINATION.
09:56:12 THAT'S PART OF YOUR DECISION MAKING.
09:56:14 >>JOHN DINGFELDER: WHAT, IF ANY, GUIDANCE THERE WAS
09:56:17 WITHIN THE SEMINOLE HEIGHTS CODE OR WITHIN THE COMP PLAN
09:56:21 TO HELP US MAKE THAT DECISION.
09:56:24 >>MARTIN SHELBY: GOOD QUESTION.
09:56:25 I'LL GET COPIES OF THAT MADE FOR EACH OF YOU.
09:56:27 >>RYAN MANASSE: I'LL TRY TO ANSWER YOUR QUESTION.
09:56:30 LET ME KNOW IF IT DOESN'T AND I'LL DO MY BEST.
09:56:32 WHAT I HAVE ON SCREEN IS THE POLICY AGAIN.
09:56:35 I DIDN'T PRINT OUT MORE THAN FOUR.
09:56:39 SO THIS IS THE TAMPA COMPREHENSIVE PLAN, AND DAVID DID GO
09:56:43 OVER THIS POLICY 3.2.1, SO IT'S ON SCREEN, IT'S TALKING
09:56:46 ABOUT THAT 25% INCREASE, AND THAT'S HOW THEY ARE GETTING
09:56:49 THIS, THROUGH THIS NODE BONUS.
09:56:50 AND HIGHLIGHTED HERE, AS YOU GO DOWN THROUGH THE PAGES,
09:56:53 IT'S GOING TO SAY, AGAIN, THE ENHANCED LAND AND
09:56:55 STREETSCAPE AND BICYCLE PARKING PATHS THAT ENHANCE THE
09:56:58 QUALITY OF LIFE IN THE PUBLIC REALM.
09:57:01 SO WHAT WAS PRESENTED BETWEEN THE AGENT AND STAFF
09:57:04 PREVIOUSLY, THERE WAS SOME LANDSCAPE IMPROVEMENT
09:57:08 AMENITIES, AND WE DIDN'T FIND THAT TO BE SUFFICIENT.
09:57:10 SO WHAT THEY DID, THEY PROPOSED ANOTHER ITERATION OF SOME
09:57:14 TYPE OF ENHANCEMENT TO THE LAND AND STREETSCAPE.
09:57:17 AND THAT WAS THROUGH THESE TWO PADS THAT THEY ARE GOING
09:57:20 TO BE INSTALLING, ONE BEING A POP-UP LIBRARY AND ONE
09:57:23 BEING A PUBLIC BENCH.
09:57:25 AGAIN, THIS WAS REVIEWED BY THE ZONING ADMINISTRATOR AS
09:57:28 WELL AS PLANNING STAFF TO DETERMINE THAT WAS CONSISTENT
09:57:32 WITH THE DEVELOPMENT.
09:57:33 THIS IS A SINGLE-FAMILY NEIGHBORHOOD.
09:57:35 SINGLE-FAMILY DETACHED NEIGHBORHOOD.
09:57:37 SO STAFF FELT THAT THAT WAS SUFFICIENT TO MEET THE BONUS
09:57:42 NODE REQUIREMENT GIVEN THIS LOCATION.
09:57:45 >>JOHN DINGFELDER: OKAY.
09:57:47 SO AS AN ASIDE, I'LL ASK STAFF AND LEGAL TO MAKE A NOTE
09:57:54 ABOUT THAT POLICY, AND THAT WE SHOULD REVISIT IT WHEN WE
09:57:59 GO BACK INTO OUR COMP PLAN REVISIONS.
09:58:02 BECAUSE, FRANKLY, I THINK THAT'S RATHER INADEQUATE.
09:58:05 THANK YOU.
09:58:05 >>RYAN MANASSE: YES, SIR.
09:58:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:58:06 ANYTHING ELSE, SIR?
09:58:07 NO.
09:58:09 ALL RIGHT.
09:58:09 APPLICANT?
09:58:18 >> GOOD EVENING.
09:58:18 FOR THE RECORD, KEVIN REALI, 401 EAST JACKSON STREET, FOR
09:58:22 THE APPLICANT.
09:58:23 I HAVE A NUMBER OF SUPPORT LETTERS AND ALSO COPIES OF MY
09:58:26 PRESENTATION IF THE COUNCIL MEMBERS WOULD LIKE TO FOLLOW
09:58:29 ALONG.
09:58:29 I WILL BE PRESENTING ON THE ELMO AS WELL.
09:58:31 I'LL GO THROUGH MY FIRST FEW SLIDES PRETTY QUICKLY HERE
09:58:50 BECAUSE STAFF HAS COVERED THIS IN SIGNIFICANT DETAIL.
09:58:52 BUT THE PROPERTY HERE IS A BLOCK FROM SOME COMMERCIAL
09:58:57 PROPERTY, TWO BLOCKS FROM SLIGH AVENUE IN SEMINOLE
09:59:00 HEIGHTS BETWEEN FLORIDA AVENUE AND 275.
09:59:05 I DO HAVE ONE MORE COPY, YES.
09:59:11 THIS IS A CLOSER AERIAL OF THE PROPERTY, AND AS YOU'LL
09:59:28 NOTE, THIS COMMERCIAL USE IS HERE, AN ALLEYWAY AND THE
09:59:35 GENERAL NEIGHBORHOOD.
09:59:36 THE HOUSES IMMEDIATELY SURROUNDING THAT STAFF SHOWED ARE
09:59:39 ALL SINGLE STORY, BUT THE GENERAL AREA IS SINGLE STORY
09:59:42 AND TWO-STORY HOMES.
09:59:44 AGAIN, THE FUTURE LAND USE MAP, THE ONLY THING I'LL NOTE
09:59:52 IN ADDITION TO WHAT WAS COVERED BY STAFF, THE APPLICATION
09:59:55 HERE HAS A DOUBLE LOT.
09:59:57 AND THAT DOESN'T REALLY EXIST IN THE AREA.
10:00:01 WITH A DOUBLE LOT WITH ONE HOME ON IT, AND THE OTHER
10:00:03 PORTION OF THE LOT BEING VACANT, THIS PROPERTY IS
10:00:06 UNDERUTILIZED AS THE COMPREHENSIVE PLAN WOULD CONSIDER
10:00:09 THINGS.
10:00:10 AND SO THAT'S PART OF THE REASON FOR THE GOAL OF THE
10:00:13 DEVELOPMENT HERE.
10:00:14 THE GOAL FOR R-10 IS ALSO TO BE PEDESTRIAN SCALE
10:00:21 DEVELOPMENT, SINGLE-FAMILY RESIDENTIAL SCALE, WHICH
10:00:23 INCLUDES SINGLE-FAMILY ACCESSORY UNITS AND DUPLEXES,
10:00:26 WHICH IS WHAT IS PROPOSED HERE.
10:00:28 AND THEN THE SEMINOLE HEIGHTS NEIGHBORHOOD AND COMMUNITY
10:00:32 NODE IS THE PROVISION AS STATED AND I'M SURE WE'LL
10:00:35 DISCUSS MORE, WHICH IS THE GOAL TO DEVELOP UNDER.
10:00:37 SO TO DISCUSS THAT, THE COMMUNITY NODE -- THE IDEA IS TO
10:00:42 OFFER A BONUS, WHETHER INTENSITY OR DENSITY IN THESE
10:00:45 NODES, SO AS THIS AREA REDEVELOPS, IT PUTS INTENSITY AND
10:00:53 DENSITY WHERE DESIRED AND WHERE NEEDED BASED ON HOW THIS
10:00:56 WAS REVIEWED UNDER THE COMPREHENSIVE PLAN.
10:00:58 THE EXISTING ZONING IN THE AREA, AGAIN AS STATED BY
10:01:05 STAFF, SO WE WON'T GO OVER THIS TOO MUCH, BUT JUST TO
10:01:08 POINT OUT THAT IT IS NEAR SOME PUBLIC TRANSPORTATION
10:01:11 OPTIONS AND NEAR SOME COMMERCIAL GENERAL AND RESIDENTIAL
10:01:15 OFFICE USES.
10:01:16 WHAT YOU HAVE IN FRONT OF YOU, COUNCIL MEMBERS, OF
10:01:23 COURSE, THIS ISN'T THE PLAN SIZE, BUT YOU'LL BE ABLE TO
10:01:26 SEE THE AMENITIES INCLUDED THERE IN THIS PICTURE.
10:01:29 AGAIN, NO WAIVERS ARE REQUESTED.
10:01:32 WHAT'S PROPOSED IS TWO SINGLE-FAMILY DETACHED -- SEMI
10:01:35 DETACHED DWELLINGS WITH THE SETBACKS AS DISCUSSED BY
10:01:39 STAFF AND NO WAIVERS ARE REQUESTED.
10:01:42 I DO HAVE OUR DESIGNER HERE TONIGHT, MR. ALAN DOBBS.
10:01:48 I'LL BREEZE OVER THE DESIGN ELEMENTS PRETTY QUICKLY
10:01:50 BECAUSE I THINK THAT'S VERY IMPORTANT WHEN WE DISCUSS HOW
10:01:52 THIS WILL FIT INTO THE NEIGHBORHOOD.
10:01:54 I ACTUALLY THINK THAT'S IN A LOT OF WAYS MORE IMPORTANT
10:01:56 TO MY PORTION OF THE PRESENTATION.
10:01:57 BUT JUST TO GIVE AN IDEA OF THE SIGNIFICANT EFFORT THAT
10:02:01 WAS PUT INTO DESIGNING THIS TO MAKE SURE THAT IT FIT IN
10:02:04 THE CHARACTER OF THE NEIGHBORHOOD AND FIT IN THE GOALS OF
10:02:06 THE COMP PLAN WITH THIS DENSITY BONUS, WHICH THE DENSITY
10:02:10 BONUS IS FOCUSED ON THE AMENITY BUT THE GOAL IS ALSO TO
10:02:13 MAKE SURE THAT THE SCALE FITS IN WITH THE NEIGHBORHOOD.
10:02:15 AND THE MASSING AND BULK AND SCALE DOES FIT IN THE
10:02:20 CHARACTER OF THE NEIGHBORHOOD, INCLUDING THE SIGNIFICANT
10:02:22 DESIGN THAT WAS PUT INTO THIS AT THIS EARLY STAGE.
10:02:25 DISCUSSING THE BONUS UNDER THE COMP PLAN, IT'S ACTUALLY
10:02:29 REFERRED TO IN 3.2.1 WITH A NO BONUS AS AN AMENITY.
10:02:36 IT WAS DIFFICULT TO TRY AND FIGURE OUT WHAT TO DO BECAUSE
10:02:40 THIS IS A VERY SMALL DEVELOPMENT.
10:02:42 TWO LOTS TOGETHER ADDING ONE UNIT.
10:02:46 I UNDERSTAND, MR. DINGFELDER'S POINT THAT THERE IS ONE
10:02:51 UNIT WOULD BE 25% DIFFERENCE.
10:02:52 BUT STILL A SMALL-SCALE DEVELOPMENT.
10:02:54 THE LANDOWNER NOW IS PLANNING TO DEVELOP AND LIVES ON THE
10:03:01 PROPERTY AND WANTS TO REMAIN IN THE NEIGHBORHOOD.
10:03:04 GIVEN THE AREA, SOME TYPE OF AMENITY THAT MIGHT BE
10:03:07 AVAILABLE ON A MUCH LARGER PROJECT LIKE PERHAPS A PARK OR
10:03:10 SOMETHING, JUST DIDN'T REALLY WORK.
10:03:11 BUT WHAT'S NOTABLE IN THE AREA IS THERE ARE NO SIDEWALKS
10:03:14 ANYWHERE AROUND HERE.
10:03:15 SO AS A REDEVELOPMENT COMES THROUGH, THE GOAL WILL BE TO
10:03:19 -- NOT THE GOAL, THE REQUIREMENT OF THE CODE WILL BE TO
10:03:21 INCLUDE THOSE SIDEWALKS AND EVENTUALLY MAKE THIS A MORE
10:03:24 WALKABLE COMMUNITY.
10:03:25 THIS BEING ESSENTIALLY THE FIRST STEP OF THAT IN THIS
10:03:30 AREA, THE IDEA WAS TO FOCUS ON THOSE SIDEWALKS AND ADD IN
10:03:33 THIS BENCH AND THE POP-UP LIBRARY.
10:03:36 UNDERSTANDING IT IS MODEST COMPARED TO WHAT MIGHT BE SEEN
10:03:40 IN A LARGER DEVELOPMENT, BUT IT IS NOT A VERY LARGE
10:03:43 DEVELOPMENT.
10:03:44 WE ALSO HAD -- MR. DOBBS WENT INTO THE NEIGHBORHOOD --
10:03:47 HE'S VERY ACTIVE THERE AND HAS LIVED THERE FOR A NUMBER
10:03:51 OF YEARS -- AND DISCUSSED WITH SOME MEMBERS OF THE
10:03:53 NEIGHBORHOOD HOW THEY FELT ABOUT IT AND GENERALLY WAS
10:03:56 ABLE TO HAVE SUPPORT FOR THAT.
10:03:57 DISCUSSING THE VISION STATEMENTS -- I'LL GO OVER THESE
10:04:03 BRIEFLY -- BUT THE VISION STATEMENTS TALK ABOUT
10:04:07 INTEGRATING USES AND CREATING WALKABILITY.
10:04:07 AND THIS DEVELOPMENT WILL DO BOTH OF THOSE THINGS.
10:04:10 ALSO ENCOURAGES MULTIUSE OPTIONS, AND THIS WOULD BE A
10:04:14 DIFFERENT USE AND ANOTHER HOUSING OPTION IN THE AREA,
10:04:16 WHICH IS ALSO ENCOURAGED BY THE COMPREHENSIVE PLAN.
10:04:20 IT'S GOING TO PROTECT THE EXISTING CHARACTER.
10:04:22 THE SIGNIFICANT GOAL TO PROTECT THE CHARACTER WAS PUT
10:04:25 INTO THE DESIGN TO MAKE SURE THAT THIS WOULDN'T BE
10:04:28 SOMETHING THAT WOULD STICK OUT IN THE NEIGHBORHOOD.
10:04:29 IN FACT, I THINK WHAT MR. DOBBS WILL SHOW IT FITS IN
10:04:33 QUITE WELL AND CREATE PARKING.
10:04:35 THE PARKING IS DESIGNED INTO THIS, SO YOU DON'T HAVE A
10:04:37 LOT SORT OF ON ONE PORTION OF THE PROPERTY.
10:04:39 IT'S INTEGRATED THROUGHOUT.
10:04:42 THE STAFF REPORT FROM THE PLANNING COMMISSION STAFF
10:04:48 LISTED QUITE A NUMBER OF COMPREHENSIVE PLAN POLICIES THAT
10:04:51 ARE ENCOURAGED, ACTUALLY, MANY MORE THAN WHAT I HAVE
10:04:54 SHOWN HERE BECAUSE THE DEVELOPMENT IS UNIQUE, AND WITH
10:04:56 THAT UNIQUENESS COMES A LOT OF EXTRA POLICIES THAT ARE
10:05:00 SUPPORTIVE.
10:05:01 I WANT TO FOCUS ON SOME DESIGN POLICIES.
10:05:04 THE NEXT SLIDE SOME PLANNING POLICIES.
10:05:06 SO PICKING THOSE OUT, THE DESIGN GOAL, LIKE I'VE BEEN
10:05:09 REPEATING HERE, A LOT OF EFFORT ON THE DESIGN, IS TO
10:05:12 ENHANCE THE URBAN NEIGHBORHOOD CHARACTER TO MAKE SURE
10:05:15 THAT THE DEVELOPMENT IS IN HARMONY WITH NEW AND OLD
10:05:19 STRUCTURES TO MAKE SURE THAT ALLEYS, WHICH ARE A PART OF
10:05:22 HISTORIC TAMPA NEIGHBORHOODS ARE STILL UTILIZED.
10:05:24 THE PROJECT WILL DO ALL OF THOSE THINGS.
10:05:26 ADDITIONALLY, THE SCALE IS MITIGATED THROUGH THE DESIGN,
10:05:29 AND IT'S ORIENTED TO THE SIDEWALK ON NAVIN STREET.
10:05:33 ADDITIONALLY, DISCUSSING PLANNING, THIS IS INFILL
10:05:39 DEVELOPMENT USING AN UNDERUTILIZED LOT.
10:05:42 THE BONUS USED IS PROVIDED FOR WITH THE AMENITY, BUT ALSO
10:05:49 WITH THE DESIGN.
10:05:50 THE DESIGN IS PART OF THAT, AND THERE'S A LOT OF EFFORT
10:05:52 TO MAKE SURE THAT IT'S INTEGRATED WITH THE SURROUNDING
10:05:55 CHARACTER OF THE AREA.
10:05:57 GENERALLY NEAR THE PERIPHERY OF THE NEIGHBORHOOD BUT TO
10:06:00 THE EXTENT IT'S NOT, IT'S WELL INTEGRATED THROUGH ITS
10:06:03 DESIGN.
10:06:03 IT ALSO MEETS THE GOALS TO INFILL IN THE NODES AND TO
10:06:07 ACCOMMODATE HOUSING GROWTH AND ENCOURAGE HOUSING
10:06:11 DIVERSITY.
10:06:11 IN CONCLUSION, I'LL REITERATE AS THE COUNCIL KNOWS,
10:06:19 STAFF, PLANNING COMMISSION, AND CITY STAFF SUPPORT THIS,
10:06:21 AND NOW I'LL HAVE MR. DOBBS COME UP AND DISCUSS IN MORE
10:06:25 DETAIL THE DESIGN.
10:06:42 >> GOOD EVENING.
10:06:47 MY NAME IS ALAN DOBBS.
10:07:01 I LIVE -- YEAH, I LIVE AT 5502 NORTH CHEROKEE AVENUE.
10:07:06 I HAVE BEEN SWORN.
10:07:09 MY WIFE AND I MOVED INTO THE NEIGHBORHOOD IN EARLY 1990.
10:07:18 I WAS IN THE ARCHITECTURE SCHOOL AT USF, WHICH IS
10:07:22 ACTUALLY ARCHITECTURE SCHOOL AND COMMUNITY DESIGN.
10:07:27 AND I WAS VERY INTERESTED IN SEMINOLE HEIGHTS AND GOT
10:07:29 VERY ACTIVE IN THE NEIGHBORHOOD WAY BACK WHEN WE WERE
10:07:32 JUST -- IT WAS JUST BECOMING HISTORIC DISTRICT.
10:07:35 SO, OBVIOUSLY, IT HAS BECOME A VERY DESIRABLE PLACE TO
10:07:40 LIVE AND IT'S UNDERGONE A LOT OF CHANGES.
10:07:43 SEMINOLE HEIGHTS STARTED OUT AS ONE OF TAMPA'S FIRST
10:07:51 SUBURBS, AND THEN OVER THE YEARS, IT'S GONE THROUGH A LOT
10:07:56 OF EVOLUTION, BECOME A HISTORIC DISTRICT, BUT ONE OF THE
10:07:59 THINGS IS THERE'S LACK OF DIVERSITY IN SEMINOLE HEIGHTS.
10:08:05 THERE'S A LOT OF DIVERSITY WITH ARCHITECTURAL STYLES AND
10:08:07 THINGS LIKE THAT.
10:08:08 BUT THERE'S MOSTLY SINGLE-FAMILY DETACHED HOMES AND VERY
10:08:13 LITTLE MULTIFAMILY.
10:08:13 WITH MULTIFAMILY AND MORE DENSE PROJECTS, WHAT IS THE
10:08:19 KIND OF APPROPRIATE DEVELOPMENT.
10:08:21 WE'VE GONE FROM HAVING NOTHING TO SOME FAIRLY SIGNIFICANT
10:08:24 STRUCTURES, LIKE 80 AND A HUNDRED UNITS.
10:08:27 IN OUR NEIGHBORHOOD.
10:08:29 SO WE DRASTICALLY CHANGED A LOT.
10:08:31 SO I FELT -- OR WE FELT THAT THIS PROJECT IS A GOOD WAY
10:08:36 TO PROVIDE A LITTLE MORE DENSITY BUT STILL KEEP WITH THE
10:08:40 SCALE AND PROPORTION, SETBACK ORIENTATION AND OTHER
10:08:44 THINGS THAT ARE TYPICAL IN THE NEIGHBORHOOD.
10:08:47 I WANT TO SHOW SOME DIFFERENT HOUSING TYPES HERE.
10:08:54 SOMETHING OTHER THAN JUST SINGLE-FAMILY RESIDENTIAL.
10:08:59 I DON'T KNOW IF THE CAMERA CAN ZOOM IN A LITTLE BIT
10:09:01 BECAUSE THE PICTURES ARE A LITTLE SMALL, BUT OKAY.
10:09:04 SO THIS IS ACTUALLY A DUPLEX OR A PAIRED VILLA.
10:09:08 THERE'S TWO UNITS THERE.
10:09:09 IT'S ONE STORY.
10:09:10 VERY SIMPLE.
10:09:11 SO THERE ARE SEVERAL OF THOSE IN THE NEIGHBORHOOD IN
10:09:13 SEMINOLE HEIGHTS.
10:09:14 MEDITERRANEAN STYLE IS ANOTHER VERY COMMON STYLE.
10:09:18 THIS IS ACTUALLY A COURTYARD AND I THINK HAS EITHER TWO
10:09:21 OR FOUR UNITS IN IT.
10:09:23 BUT THEN WHEN WE GET A LITTLE BIT DENSER UNITS, THERE ARE
10:09:30 SEVERAL -- WELL, THIS PROPERTY JUST SOLD RECENTLY, BUT
10:09:33 THERE'S OTHERS THAT ARE LIKE AROUND EIGHT UNITS.
10:09:37 THIS IS PROBABLY A LITTLE MORE THAN EIGHT UNITS.
10:09:40 BUT THEN THERE'S ALSO TOWN HOUSES.
10:09:43 THIS IS NOT OBVIOUSLY IN SEMINOLE HEIGHTS.
10:09:47 THESE I SHOW ARE WHAT WE WANT TO AVOID.
10:09:49 THESE ARE BASICALLY TOWNHOMES OR SINGLE-FAMILY ATTACHED
10:09:53 HOMES.
10:09:54 THE VEHICLE IS VERY PROMINENT, WHICH IS NOT DESIRABLE.
10:09:59 AND THEN ALSO JUST THE FORM OF THE BUILDING IS VERY
10:10:02 SQUARE AND PLAIN, NO PORCH.
10:10:05 PORCHES ARE VERY DESIRABLE IN SEMINOLE HEIGHTS.
10:10:08 THIS WAS A TOWNHOME THAT THE ZONING HERE WAS ACTUALLY
10:10:12 RESIDENTIAL MULTIFAMILY.
10:10:13 IT'S IN SEMINOLE HEIGHTS, AND YOU SEE HOW THE MASSING IS
10:10:17 BROKEN DOWN.
10:10:18 IT'S SORT OF IN THE SCALE AND CHARACTER OF THE
10:10:20 NEIGHBORHOOD AND IT WAS BUILT ON I THINK RS 60 LOT AT THE
10:10:24 TIME.
10:10:25 NOT RS 60.
10:10:27 RM.
10:10:27 BUT IT MET ALL THE REQUIREMENT OF THE ZONING CODE.
10:10:31 WITH THE NEW CODE IN SEMINOLE HEIGHTS, ALL THE SH FORM
10:10:37 BASED CODE THAT WE HAVE NOW, SINGLE-FAMILY ATTACHED IS
10:10:41 ANOTHER OPTION, WHICH IS WHAT THIS IS.
10:10:44 THIS WAS BUILT PROBABLY FOUR, FIVE YEARS AGO, AND IT'S
10:10:48 BASICALLY TWO UNITS.
10:10:49 IT'S LIKE A TOWNHOME AND THEN THERE'S A DETACHED GARAGE
10:10:52 IN THE BACK.
10:10:53 THEN GOING UP IN DENSITY, THESE WERE TOWNHOMES THAT WERE
10:10:58 BUILT NEAR GIDDENS IN FLORIDA, MORE DENSITY.
10:11:01 THESE WERE ABOUT FOUR TO FIVE UNITS.
10:11:03 AND THEN WE JUMP IN SCALE TO SOME OF THE NEWER UNITS.
10:11:07 THIS IS AT GIDDENS AND FLORIDA.
10:11:11 ALMOST 30 UNITS.
10:11:12 THIS IS THE HEIGHT APARTMENTS AT IDLEWILD IN FLORIDA.
10:11:16 IT'S REALLY DENSE.
10:11:18 81 UNITS.
10:11:19 YOU CAN SEE THE SCALE OF IT HERE.
10:11:21 THIS PARTICULAR PROJECT -- I'M GOING TO GO -- CHECKING ON
10:11:30 THE TIME.
10:11:31 CAN THE CAMERA GO TO THAT SITE PLAN OVER THERE?
10:11:35 IF I WALK OVER THERE.
10:11:42 >>GUIDO MANISCALCO: YES, IT CAN.
10:11:44 IT'S ON.
10:11:45 >> I CAN KIND OF SEE IT.
10:11:46 I WANTED TO SHOW THIS BECAUSE I THINK IT HELPS TO SEE THE
10:11:49 GREEN.
10:11:50 SO YOU SEE MORE IN A GROUND SORT OF WAY, BECAUSE WITH THE
10:11:54 DEVELOPMENT DOING THE TWO SORT OF PAIRED VILLAS OR
10:11:59 ATTACHED UNITS, WE MAXIMIZE GREENSPACE.
10:12:02 AND THEN ALSO, YOU'LL NOTE LARGE PORCHES, PORTE-COCHERES,
10:12:08 THOSE ARE VERY DESIRABLE ELEMENTS IN THE NEIGHBORHOOD.
10:12:10 PARKING WAS VERY TRICKY TO ACCOMMODATE TWO SPACES PER
10:12:13 UNIT, BUT IT WORKED OUT PRETTY WELL TO HAVE THESE TWO
10:12:18 INTERIOR UNITS TO HAVE PARKING, PORTE-COCHERES, RATHER
10:12:21 THAN PARKING IN A PORTE-COCHERE HERE, WE HAVE THE UNITS
10:12:25 IN THE BACK, THE TWO-STORY UNITS.
10:12:27 IT'S ATTACHED BUT IT'S LIKE A DETACHED GARAGE.
10:12:30 IT DOES HAVE ITS OWN SEPARATE ENTRY SO IT MAKES A GREAT
10:12:34 HOME OFFICE, WHICH NOW WITH COVID AND EVERYTHING, THAT'S
10:12:37 VERY DESIRABLE.
10:12:38 BUT ALSO, THERE'S A TREND BEFORE COVID WHERE PEOPLE WERE
10:12:41 WORKING AT HOME.
10:12:43 AND SO THAT WORKED OUT WELL FOR THAT.
10:12:45 AND THEN ALSO THE INTERIOR UNITS ALSO HAVE A SECOND FLOOR
10:12:51 SMALLER UNIT THAT'S ACCESSIBLE HERE.
10:12:55 WE'RE IMPROVING THE ALLEY AND WE'RE DOING SIDEWALKS ALL
10:12:58 THE WAY AROUND.
10:13:00 THESE AMENITIES ON THE CORNER, I KNOW ALL THE PEOPLE ON
10:13:04 THE OLD SEMINOLE HEIGHTS NEIGHBORHOOD ASSOCIATION BOARD,
10:13:07 TALKED WITH THEM TO LOOK AT -- DISCUSS WHAT KIND OF
10:13:12 AMENITIES WOULD BE PROPER, AND EVERYBODY SEEMED TO LIKE
10:13:18 JUST DOING A BENCH.
10:13:19 WE TALKED ABOUT A DOG WATERING STATION OR SOMETHING LIKE
10:13:22 THAT.
10:13:23 IT DOES GET A LITTLE TRICKY, BECAUSE YOU HAVE PRIVATE
10:13:26 DEVELOPMENT FOR PUBLIC USE.
10:13:28 SO WE'RE A LITTLE CONCERNED ABOUT THE PROPERTY OWNER AND
10:13:31 LIABILITY, BUT WE FIGURED JUST HAVING A PAVED AREA AND A
10:13:34 BENCH AND MAYBE SOMETHING LIKE THE POP-UP LIBRARY.
10:13:39 THERE ARE TWO WITHIN A HALF A MILE OF THIS PROPERTY, AND
10:13:43 THEY ARE VERY POPULAR.
10:13:46 I'LL TRY AND WRAP IT UP BECAUSE I THINK WE'RE GETTING
10:13:54 SHORT HERE ON TIME.
10:13:56 BASICALLY, MY CLIENTS WANTED TO DEVELOP THE PROPERTY INTO
10:14:01 SOMETHING THAT THEY COULD USE, BUT ALSO, THEY WANTED TO
10:14:04 CREATE A UNIQUE TYPE OF HOUSING THAT COULD MAYBE SET A
10:14:08 PRECEDENT ON LITTLE MORE DENSE DEVELOPMENT, BUT KEEP THE
10:14:12 CHARACTER AND SCALE OF THE NEIGHBORHOOD, WHICH I BELIEVE
10:14:15 WE'VE DONE.
10:14:17 IT'S LESS COST BECAUSE YOU HAVE SHARED CONSTRUCTION WALL.
10:14:20 YOU HAVE A LOT OF FLEXIBILITY BECAUSE THESE ARE ALL FEE
10:14:23 SIMPLE, SO YOU COULD BUILD, SAY, TWO OF THEM AND THEN --
10:14:27 WHICH IS WHAT THEY ARE PLANNING TO DO, BUILD THE TWO ON
10:14:29 THE SOUTH FIRST WHILE LIVE IN THE HOUSE AND THEN TEAR
10:14:31 THEIR HOUSE DOWN AND BUILD THE OTHER TWO.
10:14:34 IT MAKES IT EASY FOR PHASING AND ALSO BECAUSE OF IT BEING
10:14:38 FEE SIMPLE PROPERTIES.
10:14:39 AND THEN IT ACCOMMODATES MODERN LIFESTYLES LIKE I HAD
10:14:42 MENTIONED WITH THE SORT OF HOME OFFICE.
10:14:46 WITH THE DESIGN SOLUTION, WE REALLY -- CAN I HAVE JUST
10:14:50 LIKE ONE MINUTE?
10:14:52 I'LL MAKE THIS QUICK.
10:14:53 JUST THE LAST COUPLE OF LINES HERE.
10:14:54 WE REALLY WANTED TO DOWN-PLAY VEHICULAR, THE CARS,
10:14:59 DEEMPHASIZE THEM, MAXIMIZE SIZE OF PORCHES AND
10:15:02 GREENSPACE, AND WE MEET THE REQUIREMENTS OF ALL OF THE
10:15:05 SEMINOLE HEIGHTS FORM-BASED ZONING CODE.
10:15:09 WE'RE NOT REQUESTING ANY WAIVERS, AND THEN LIKE I SAID
10:15:12 BEFORE, THE PUBLIC AMENITY, WE GOT A LOT OF INPUT FROM
10:15:16 THE NEIGHBORHOOD ASSOCIATION AND THEY ARE ALL VERY HAPPY
10:15:19 TO HAVE THAT KIND OF AMENITY.
10:15:20 THANK YOU.
10:15:21 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:15:24 >>JOHN DINGFELDER: CAN I MAKE ONE COMMENT?
10:15:26 >>GUIDO MANISCALCO: OF COURSE.
10:15:26 >>JOHN DINGFELDER: MR. DOBBS, I WANT TO APOLOGIZE.
10:15:30 THE PROJECT LOOKS REALLY NICE AND SENSITIVE TO THE
10:15:33 COMMUNITY, AND I KIND OF POO POOED THE BENCH MORE OUT OF
10:15:40 FRUSTRATION WITH OUR CODE THAT DOESN'T REALLY REQUIRE YOU
10:15:42 OR ANYBODY ELSE TO MAKE SIGNIFICANT CONTRIBUTIONS.
10:15:45 SO OUT OF THAT FRUSTRATION CAME MY COMMENT, AND I
10:15:49 APOLOGIZE.
10:15:50 >> WELL, IT WAS FOR THE GOOD OF THE NEIGHBORHOOD AND THE
10:15:52 COMMUNITY.
10:15:53 SO I UNDERSTAND.
10:15:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:15:54 ANYBODY ELSE HAVE ANY QUESTIONS OR COMMENTS?
10:15:56 ALL RIGHT.
10:15:58 IS THERE ANYBODY IN THE PUBLIC?
10:16:03 >> MR. CHAIRMAN?
10:16:05 >>GUIDO MANISCALCO: YES.
10:16:06 >>DAVID HEY: DAVID WITH THE PLANNING COMMISSION.
10:16:07 SINCE THERE WAS A DISCUSSION ABOUT THE COMP PLAN
10:16:11 POLICIES, I JUST WANTED TO PROVIDE SOME CONTEXT.
10:16:14 IF I MAY.
10:16:17 WHEN WE LOOK AT NEIGHBORHOOD POLICY 3.2.1, THAT'S THE
10:16:22 ENABLING LANGUAGE THAT BASICALLY ALLOWS THIS
10:16:25 CONSIDERATION FOR THE NODE.
10:16:27 THIS CAME OUT OF, AND THE APPLICANT DID MENTION THIS, IT
10:16:32 DID COME OUT OF THE 2009 CITY VISIONING STUDY FOR
10:16:38 SEMINOLE HEIGHTS.
10:16:41 IF WE LOOK AT THE OVERALL OBJECTIVE, NEIGHBORHOOD
10:16:46 OBJECTIVE 3.2, WHICH IS ALSO CONTAINED IN THE PLANNING
10:16:49 COMMISSION REPORT, IT DOES DIRECT THAT LAND DEVELOPMENT
10:16:55 REGULATIONS BE DEVELOPED TO DEAL WITH THESE INFILL AND
10:17:01 THE AMENITIES THAT THEY ARE TO PROVIDE.
10:17:05 I'M NOT SURE THAT WAS ACCOMPLISHED, AND THAT IS WHAT'S
10:17:10 LEADING TO THE VAGUENESS ABOUT THE AMENITIES.
10:17:15 NOW, I WILL SAY, USUALLY THE COMP PLAN IS NOT WHERE THE
10:17:23 DETAILS REALLY SHOULD BE FOCUSED ON.
10:17:26 THAT'S MORE APPROPRIATE IN THE LAND DEVELOPMENT CODE.
10:17:29 SO I JUST WANTED TO ADDRESS COUNCILMAN DINGFELDER'S
10:17:33 CONCERNS EARLIER ABOUT THE COMP PLAN POLICIES RELATING TO
10:17:36 THE LAND DEVELOPMENT CODE AND THE AMENITIES, AND I
10:17:40 APPRECIATE YOUR TIME.
10:17:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:17:45 >> MR. CHAIRMAN, COULD I ADD ONE SHORT POINT TO THAT?
10:17:48 VERY SPECIFIC TO THAT.
10:17:49 IT'S MY UNDERSTANDING, THIS IS THE FIRST TIME THIS NODE
10:17:51 BONUS HAS EVER BEEN USED FOR RESIDENTIAL.
10:17:54 SO WHEN IT'S BEEN USED FOR COMMERCIAL INTENSITY BONUS,
10:17:57 WHAT TYPICALLY HAPPENS IT'S BEEN A PAY TO PLAY SITUATION.
10:18:01 I DON'T WANT TO SPEAK TOO MUCH TO THE COMMERCIAL PART
10:18:03 BECAUSE I HAVEN'T REVIEWED THAT IN ANY MORE DETAIL THAN
10:18:08 WHAT I JUST STATED.
10:18:09 TO THE EXTENT THIS IS NOVEL, YOU KNOW, THIS IS, STAFF AND
10:18:13 THE APPLICANT TRYING TO WORK TOGETHER TO FIGURE OUT HOW
10:18:16 TO MAKE THAT WORK.
10:18:17 THANK YOU.
10:18:17 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:18:18 DO WE HAVE ANYBODY IN THE PUBLIC WHO WISHES TO SPEAK ON
10:18:22 THIS ITEM?
10:18:23 ITEM NUMBER 13?
10:18:24 HEARING OR SEEING NONE, I KNOW WE HAVE THREE REGISTERED
10:18:30 SPEAKERS ONLINE.
10:18:31 IF THEY ARE ONLINE.
10:18:34 IF YOU COULD TURN ON YOUR CAMERAS AND UNMUTE YOURSELVES,
10:18:40 AND WE WILL SWEAR YOU IN AND THEN WE'LL GET TO THE PUBLIC
10:18:44 COMMENT.
10:18:44 I SEE BRITTANY.
10:18:48 DO WE HAVE TYLER McMAHON AND ALI?
10:18:53 >> THEY ARE CURRENTLY NOT LOGGED ON.
10:18:54 >>GUIDO MANISCALCO: BRITTANY, IF YOU COULD PLEASE RAISE
10:18:56 YOUR RIGHT HAND AND WE'LL SWEAR YOU IN.
10:18:59 YOU HAVE THREE MINUTES TO SPEAK.
10:19:01 [OATH ADMINISTERED]
10:19:04 >> I DO.
10:19:05 >>GUIDO MANISCALCO: ALL RIGHT.
10:19:05 GO AHEAD.
10:19:09 >> HI.
10:19:10 I DON'T THINK I'LL TAKE UP THREE MINUTES.
10:19:12 I LIVE RIGHT ACROSS THE STREET, ONE OF THE PICTURES THAT
10:19:15 THE LAST GENTLEMAN SHOWED WAS LOOKING RIGHT AT THEIR
10:19:19 DRIVEWAY, WHICH IS WHAT WE SEE FROM OUR DRIVEWAY.
10:19:21 SO IT WILL BE RIGHT ACROSS THE STREET FROM US.
10:19:24 MY HUSBAND AND TWO CHILDREN WE'VE LIVED HERE FOR FIVE AND
10:19:28 A HALF YEARS.
10:19:29 AND WE SUPPORT WHAT LAURA IS WANTING TO DO.
10:19:34 WE THINK THAT THE ADDITION OF THE TOWNHOMES WILL BE A
10:19:36 GREAT OPPORTUNITY FOR MORE FAMILIES, YOUNG PEOPLE TO COME
10:19:40 TO THE AREA.
10:19:42 WE LIKE THE DESIGN IDEA.
10:19:46 THAT'S THE THEME OF THE NEIGHBORHOOD.
10:19:47 YEAH, WE SUPPORT IT AND BEING SO CLOSE TO IT, WE ARE FINE
10:19:51 WITH IT.
10:19:51 >>GUIDO MANISCALCO: YOUR NAME, JUST FOR THE RECORD.
10:19:53 >> BRITTANY GUSTO.
10:19:56 WE LIVE 6806 NORTH CENTRAL AVENUE.
10:19:59 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:20:01 >> THANK YOU.
10:20:02 >>GUIDO MANISCALCO: DO WE HAVE ANYBODY ELSE FOR PUBLIC
10:20:03 COMMENT OR THAT WAS IT?
10:20:08 >> THAT CONCLUDES THE REGISTERED SPEAKERS.
10:20:10 >>GUIDO MANISCALCO: ALL RIGHT.
10:20:11 IF THERE IS NO OTHER PUBLIC COMMENT, PETITIONER, IF YOU
10:20:15 HAVE ANY REBUTTAL AT THIS TIME.
10:20:21 >> I DON'T KNOW THAT WE WOULD REBUT SUPPORT, BUT JUST TO
10:20:25 POINT OUT, I THINK I BURIED THE LEAD A LITTLE BIT.
10:20:28 MR. DINGFELDER GOT ME FOCUSED ON THE NODE BONUS.
10:20:32 BUT THE APPLICANT IS HERE.
10:20:33 IT'S REALLY IMPORTANT TO NOTE THAT THE APPLICANT IS GOING
10:20:36 TO LIVE HERE POTENTIALLY HER FATHER WILL LIVE IN ONE OF
10:20:39 THE UNITS AND THESE ARE GOING TO BE FEE UNITS.
10:20:41 THIS ISN'T GOING TO BE A DEVELOPER, DEVELOP AND LEAVE
10:20:44 SITUATION.
10:20:44 I THINK THAT'S IMPORTANT TO KNOW.
10:20:45 THANK YOU.
10:20:50 >> I WOULD LIKE TO FOLLOW-UP WITH ONE THING.
10:20:53 KNOWING A LOT OF RESIDENTS IN SEMINOLE HEIGHTS, IF
10:20:55 ANYBODY HAD ISSUES WITH THIS, THEY WOULD DEFINITELY BE
10:20:58 HERE.
10:20:58 I THINK THIS COUNCIL KNOWS FROM PREVIOUS PROJECTS IF THE
10:21:02 NEIGHBORHOOD DOESN'T LIKE SOMETHING OR DOESN'T AGREE WITH
10:21:05 SOMETHING, THEY WOULD BE HERE.
10:21:06 THANK YOU.
10:21:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:21:07 ANY QUESTIONS OR COMMENTS FROM COUNCIL BEFORE I ASK FOR A
10:21:11 MOTION TO CLOSE?
10:21:12 >>ORLANDO GUDES: MOVE TO CLOSE.
10:21:12 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM COUNCILMAN
10:21:14 GUDES.
10:21:14 SECONDED FROM COUNCILMAN CITRO.
10:21:17 ALL IN FAVOR?
10:21:17 AYE.
10:21:18 ANY OPPOSED?
10:21:18 COUNCIL MEMBER GUDES, WOULD YOU MIND TAKING ITEM NUMBER
10:21:23 13.
10:21:28 >>ORLANDO GUDES: REZ 20-21, SUBSTITUTE ORDINANCE BEING
10:21:34 PRESENTED FOR FIRST READING CONSIDERATION, AN ORDINANCE
10:21:36 REZONING PROPERTY IN THE GENERAL VICINITY OF 6805 NORTH
10:21:39 NAVIN AVENUE IN THE CITY OF TAMPA, FLORIDA AND MORE
10:21:41 PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT
10:21:44 CLASSIFICATION SH-RS (SEMINOLE HEIGHTS, RESIDENTIAL,
10:21:47 SINGLE-FAMILY) TO SH-PD (SEMINOLE HEIGHTS, PLANNED
10:21:51 DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY, SEMI DETACHED);
10:21:55 PROVIDING AN EFFECTIVE DATE.
10:21:57 >>CHARLIE MIRANDA: SECOND.
10:21:58 >>GUIDO MANISCALCO: MR. SHELBY.
10:21:59 >>MARTIN SHELBY: AND COUNCILMAN GUDES, IF YOU COULD JUST
10:22:02 ADD THE ADDITIONAL LANGUAGE FOR ITEM NUMBER 13.
10:22:06 IS THERE A REVISION SHEET?
10:22:18 >> THE REVISED REVISION SHEET.
10:22:20 >>ORLANDO GUDES: AND THE REVISED REVISION SHEET.
10:22:23 >>MARTIN SHELBY: ALSO, COULD YOU MAKE A SPECIFIC FINDING
10:22:25 AS TO POLICY 3.2.1 AS TO THE AMENITIES AND THE BONUS?
10:22:32 WHAT IS COUNCIL'S INTENTION WITH REGARD TO THAT?
10:22:34 TO ACCEPT THE REVISION SHEET AS THE AMENITY UNDER THAT
10:22:39 SECTION AND TO PERMIT THE BONUS UNDER THE COMP PLAN
10:22:42 DESIGNATION.
10:22:43 >>ORLANDO GUDES: THAT WOULD BE GREAT, MR. SHELBY.
10:22:46 >>GUIDO MANISCALCO: DO WE HAVE A SECOND?
10:22:48 SECOND FROM COUNCILMAN CITRO.
10:22:50 ALL IN FAVOR?
10:22:51 AYE.
10:22:52 ANY OPPOSED?
10:22:53 IT WAS UNANIMOUS.
10:23:08 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING
10:23:10 ABSENT.
10:23:10 SECOND READING AND ADOPTION JANUARY 14th AT 9:30 A.M.
10:23:14 I APOLOGIZE.
10:23:15 I DID NOT HEAR THE VOTE.
10:23:16 >>GUIDO MANISCALCO: IT'S OKAY.
10:23:18 >>ORLANDO GUDES: WE ALL NEED SOME CAFFEINE, MR. CHAIRMAN.
10:23:20 >>GUIDO MANISCALCO: THAT'S RIGHT.
10:23:21 ALL RIGHT.
10:23:24 WE GO TO NUMBER 14.
10:23:26 I'M GOING TO HAND THE GAVEL TO COUNCILMAN CITRO AND STEP
10:23:29 OUT A MINUTE.
10:23:33 >>JOSEPH CITRO: THANK YOU VERY MUCH.
10:23:38 DO WE HAVE A PETITIONER HERE?
10:23:42 GO AHEAD, I'M SORRY.
10:23:44 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
10:23:46 COUNCIL MEMBERS, THIS MATTER IS BEFORE YOU THIS EVENING
10:23:49 PURSUANT TO LAND DEVELOPMENT CODE SECTION 27-318 WHICH
10:23:54 AUTHORIZES COUNCIL TO CONSIDER THE SUSPENSION OR
10:23:56 REVOCATION OF ALCOHOLIC BEVERAGE SALES FOR CAUSE.
10:24:00 A WHILE BACK I DELIVERED TO EACH OF YOU A NOTEBOOK THAT
10:24:03 PROVIDES SOME EVIDENCE FOR THIS HEARING, WHICH IF YOU
10:24:07 WOULD LIKE TO FOLLOW ALONG, A COPY OF THE CODE SECTION
10:24:09 THAT I JUST REFERENCED, 27-318 IS AT TAB 21 OF THOSE
10:24:14 BINDERS.
10:24:15 SO SPECIFICALLY SECTION 27-318-C-1 WHICH STARTS NEAR THE
10:24:20 BOTTOM OF PAGE 3 OF 6, AGAIN AT TAB 21, AUTHORIZES CITY
10:24:24 COUNCIL AFTER CONDUCTING A PUBLIC HEARING TO SUSPEND OR
10:24:28 REVOKE THE ABILITY TO SELL ALCOHOLIC BEVERAGES FROM
10:24:31 PROPERTY WHICH HAS PREVIOUSLY BEEN GRANTED AN APPROVAL.
10:24:34 IN ORDER FOR CITY COUNCIL TO SUSPEND OR REVOKE, IT MUST
10:24:37 DETERMINE THAT THE PROPERTY OWNER, HOLDER OF THE
10:24:39 ALCOHOLIC BEVERAGE LICENSE, OPERATOR OF THE
10:24:42 ESTABLISHMENT, OR ANY AGENT OR EMPLOYEE THEREOF HAS BEEN
10:24:45 FOUND TO HAVE VIOLATED OR BEEN CONVICTED OF ANY ONE OR
10:24:48 MORE OF THE FOLLOWING.
10:24:49 THEN THAT SECTION LISTS A LAUNDRY LIST OF A THROUGH N OF
10:24:54 VARIOUS REASONS WHY YOU COULD CONSIDER SUSPENSION OR
10:24:56 REVOCATION FOR CAUSE.
10:24:58 BUT SPECIFICALLY, WITH REGARD TO THIS NOTICE OF
10:25:01 SUSPENSION OF REVOCATION, THIS EVENING, THERE ARE SEVERAL
10:25:06 THAT ARE PARTICULARLY RELEVANT.
10:25:08 ONE IS SECTION D OR PARAGRAPH D WHICH ALLOWS YOU TO
10:25:11 SUSPEND FOR CAUSE UPON FINDING THAT THERE HAS BEEN
10:25:14 OPERATION OF THE ESTABLISHMENT IN THE MANNER THAT
10:25:17 REPEATEDLY OR ON AN ONGOING BASIS HAS NEGATIVE SECONDARY
10:25:21 EFFECTS ON SURROUNDING PROPERTY AFTER HAVING RECEIVED
10:25:24 REASONABLE NOTICE TO TERMINATOR CORRECT THAT CONDITION.
10:25:28 NUMBER E, FAILING TO COMPLY WITH ANY OF THE PROVISIONS OF
10:25:31 THE FIRE PREVENTION ORDINANCE.
10:25:32 AGAIN AFTER HAVING RECEIVED REASONABLE NOTICE TO
10:25:35 ELIMINATE OR CORRECT ANY CONDITION EXISTING ON THE
10:25:37 PROPERTY.
10:25:39 F, FAILING TO COMPLY WITH ANY OF THE PROVISIONS OF THE
10:25:42 HEALTH AND SANITATION ORDINANCES OF THE CITY, THE COUNTY,
10:25:44 OR LAWS OF THE STATE AFTER RECEIVING REASONABLE NOTICE TO
10:25:48 ELIMINATE OR CORRECT THE CONDITION.
10:25:51 AND THEN N, VIOLATING ANY SECTION OF CHAPTER 14 OR
10:25:54 CHAPTER 27, ANY CONDITION, LIMITATION OR RESTRICTION
10:25:59 IMPOSED BY CITY COUNCIL OR THE ZONING ADMINISTRATOR AT
10:26:01 THE TIME OF APPROVAL, OR ANY OTHER CITY CODE SECTION
10:26:04 RELATING TO ALCOHOLIC BEVERAGES.
10:26:07 THE CIRCUMSTANCES GIVING RISE TO THESE PROCEEDINGS
10:26:09 OCCURRED LARGELY IN MAY OF 2020, AND THEY ARE DETAILED IN
10:26:12 THE NOTICE OF INTENT TO REVOKE OR SUSPEND THE SALE OF
10:26:15 ALCOHOLIC BEVERAGES PURSUANT TO SECTION 27-318 THAT IS
10:26:21 DATED MAY 28, 2020 AND CAN BE FOUND AT TAB 1 OF YOUR
10:26:25 BINDERS.
10:26:26 SO DURING THIS TIME PERIOD, NUMEROUS GOVERNORS, EXECUTIVE
10:26:29 ORDERS, WHICH REQUEST BE FOUND AT TAB 19 WERE ALSO IN
10:26:32 EFFECT.
10:26:33 WE HAD EXECUTIVE ORDER NUMBER 20-51 WHICH WAS ISSUED ON
10:26:37 MARCH 1st, 2020 WHICH DIRECTED THE FLORIDA DEPARTMENT
10:26:39 OF HEALTH TO ISSUE A PUBLIC HEALTH EMERGENCY RELATED TO
10:26:43 THE COVID-19 PANDEMIC.
10:26:45 EXECUTIVE ORDER NUMBER 20-52 ISSUED ON MARCH IT, 2020,
10:26:50 DECLARED A STATE OF EMERGENCY FOR THE ENTIRE STATE OF
10:26:52 FLORIDA IN CONNECTION WITH COVID-19.
10:26:55 EXECUTIVE ORDER NUMBER 20-68 ISSUED ON MARCH 17th,
10:26:59 2020 ORDERED ALL BARS, PUBS AND NIGHT CLUBS AUTHORIZED TO
10:27:03 SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES THAT
10:27:07 DERIVE MORE THAN 50% OF THEIR GROSS REVENUE FROM THE SALE
10:27:11 OF ALCOHOLIC BEVERAGES TO SUSPEND ALL SALES OF ALCOHOLIC
10:27:14 BEVERAGES FOR 30 DAYS.
10:27:16 THE GOVERNOR ALSO ISSUED EXECUTIVE ORDER NUMBER 20-91 ON
10:27:20 APRIL 1st, 2020 WHICH DIRECTED ALL PERSONS IN FLORIDA
10:27:23 TO LIMIT THEIR MOVEMENTS AND PERSONAL INTERACTIONS
10:27:27 OUTSIDE OF THEIR HOME TO ONLY THOSE NECESSARY TO OBTAIN
10:27:30 OR PROVIDE ESSENTIAL SERVICES OR CONDUCT ESSENTIAL
10:27:33 ACTIVITIES.
10:27:34 SO AS YOU MAY RECALL, AS WE APPROACHED THE END OF APRIL,
10:27:37 AND IN PREPARATION FOR REOPENING THE STATE, THE GOVERNOR
10:27:39 ISSUED EXECUTIVE ORDER NUMBER 20-12 ALLOWING A PARTIAL
10:27:44 REOPENING, THE PHASE ONE REOPENING COMMONLY KNOWN AS, AND
10:27:49 THAT ORDER WAS EFFECTIVE ON MAY 4, 2020.
10:27:51 SO PHASE ONE ALLOWED THE REOPENING OF RESTAURANTS AND
10:27:54 FOOD ESTABLISHMENTS, LICENSED UNDER CHAPTERS 500 AND 509.
10:27:59 FLORIDA STATUTES, FOR ONPREMISES CONSUMPTION MUCH FOOD
10:28:02 AND INCHES BEVERAGE SO LONG AS THEY ADOPT APPROPRIATE
10:28:05 SOCIAL DISTANCING MEASURES AND LIMIT THEIR INDOOR
10:28:08 OCCUPANCY TO NO MORE THAN 25% OF THEIR BUILDING
10:28:11 OCCUPANCY.
10:28:12 AN APPROPRIATE SOCIAL DISTANCING WAS DEFINED IN THAT
10:28:16 ORDER TO REQUIRE MAINTAINING A MINIMUM OF 6 FEET BETWEEN
10:28:20 PARTIES, ONLY SEATING PARTIES OF TEN OR FEWER PEOPLE, AND
10:28:23 KEEPING BAR COUNTERS CLOSED TO SEATING.
10:28:27 EXECUTIVE ORDER NUMBER 20-123 ISSUED ON MAY 18, 2020
10:28:31 INCREASED THE CAPACITY OF RESTAURANTS TO 50% IF THE SAME
10:28:36 SOCIAL DISTANCING CONDITIONS THAT I JUST DESCRIBED WERE
10:28:39 MET.
10:28:39 PREVIOUSLY ON MAY 8, 2020, THE GOVERNOR HAD ISSUED
10:28:43 EXECUTIVE ORDER NUMBER 20-14 WHICH HAD EXTENDED THE STATE
10:28:46 OF EMERGENCY FOR ANOTHER 60 DAYS.
10:28:49 AND PURSUANT TO STATE STATUTES, THESE EXECUTIVE ORDERS,
10:28:52 BECAUSE THEY WERE DECLARED DURING A STATE OF EMERGENCY,
10:28:55 HAD THE FORCE AND EFFECT OF LAW.
10:28:58 SO AGAIN, JUST TO SUMMARIZE ALL THOSE EXECUTIVE ORDERS,
10:29:02 FROM MAY 4 TO MAY 18, RESTAURANTS COULD BE OPEN AT 25% OF
10:29:07 OCCUPANCY WITH A MINIMUM OF 6 FEET BETWEEN PARTIES, TEN
10:29:12 OR FEWER PEOPLE, AND BAR COUNTERS WERE CLOSED TO SEATING.
10:29:16 AFTER MAY 18 THOSE RESTAURANTS COULD BE OPEN AT 50%
10:29:19 CAPACITY AND WITH THE SAME SOCIAL DISTANCING.
10:29:21 BUT DURING THIS TIME PERIOD, BARS AND PUBS AND THOSE
10:29:25 TYPES OF ESTABLISHMENTS WERE TO SUSPEND THE SALES OF
10:29:28 ALCOHOLIC BEVERAGES.
10:29:30 IN ADDITION TO THE STATE EMERGENCY ORDER, THE CITY WAS
10:29:32 ALSO UNDER A DECLARATION OF LOCAL EMERGENCY PURSUANT TO
10:29:35 THE MAYOR'S EXECUTIVE ORDER 20-01 ORIGINALLY ISSUED ON
10:29:40 MARCH 12th, 2020, BUT WHICH HAS BEEN AMENDED,
10:29:43 RESTATED, AND EXTENDED EACH WEEK, MOST RECENTLY THIS PAST
10:29:48 MONDAY, DECEMBER 7th OF 2020.
10:29:52 I WOULD LIKE TO ASK LACHONE DOCK WITH DEVELOPMENT AND
10:29:55 GROWTH MANAGEMENT TO COME FORWARD WITH A SYNOPSIS OF THE
10:29:58 EXISTING APPROVALS ON THE PROPERTY.
10:30:00 >>LACHONE DOCK: DEVELOPMENT COORDINATION, AND I WOULD
10:30:08 LIKE TO REVIEW WITH YOU THE ALCOHOLIC BEVERAGE SALES
10:30:12 APPROVAL FOR THIS LOCATION.
10:30:14 SO THIS REQUEST, THE AB SALES, WAS APPROVED BACK IN APRIL
10:30:18 OF 2014.
10:30:20 THE REQUEST WAS ACTUALLY APPROVED ON RECORD AB 1-14-67.
10:30:27 THIS IS FOR ALCOHOLIC BEVERAGE SALES FOR A BAR, BEER,
10:30:30 WINE, LIQUOR, FOR CONSUMPTION ON PREMISES ONLY.
10:30:33 THIS BUILDING CONTAINS TWO LEVELS, SO THE FIRST LEVEL WAS
10:30:37 INCLUDED IN THE ALCOHOLIC BEVERAGE SALES AREA, THAT FIRST
10:30:40 LEVEL IS THE INTERIOR SPACE, AND THE ROOFTOP LEVEL IS
10:30:44 THAT SECOND LEVEL, IT IS AN EXTERIOR SPACE.
10:30:48 SO THE APPROVED SALES AREA CONSISTS OF A TOTAL OF 3,491
10:30:53 SQUARE FEET, AND THAT'S INSIDE SPACE ONLY, NO OUTDOOR
10:30:57 SPACE WAS PERMITTED.
10:31:00 SIDEWALK CAFE APPROVAL WAS GRANTED FOR THIS LOCATION.
10:31:03 SIDEWALK CAFE APPROVAL IS A SEPARATE APPLICATION, AND IT
10:31:06 IS AN ANNUAL PERMIT THAT IS ISSUED.
10:31:10 THE APPROVAL CONTAINED ONE CONDITION, AND I WILL READ TO
10:31:14 YOU THAT CONDITION WHICH WAS DATED ON THE APPROVED SITE
10:31:17 PLAN ALSO.
10:31:18 THE USE SHALL OPERATE AS AN ESTABLISHMENT WHOSE BUSINESS
10:31:21 IS IN THE PREPARATION SERVING AND SELLING OF FOOD TO THE
10:31:25 CUSTOMER FOR IMMEDIATE CONSUMPTION ON OR IN THE VICINITY
10:31:28 OF THE PREMISES OR FOR TAKEOUT BY CUSTOMERS.
10:31:32 FOOD SHALL BE CONTINUOUSLY READY TO BE PREPARED, SERVED
10:31:35 AND SOLD DURING ALL BUSINESS OPERATIONAL HOURS.
10:31:39 ESTABLISHMENT SHALL BE APPROPRIATELY LICENSED AS A
10:31:41 RESTAURANT OR SIMILAR FOOD SERVICE TYPE USE BY THE STATE
10:31:45 OF FLORIDA.
10:31:47 REPORTING REQUIREMENTS SET FORTH IN SECTION 27-319 SHALL
10:31:52 NOT APPLY.
10:31:54 SO ALSO I WOULD LIKE TO MENTION, COUNCIL, FOR THIS
10:31:58 LOCATION, THERE ARE TWO PENDING APPLICATIONS FOR THE
10:32:03 SITE.
10:32:03 SO THE FIRST IS 180-DAY VOLUNTARY EXTENSION, AND THE
10:32:08 SECOND APPLICATION THAT IS IN PROCESS IS FOR A NEW
10:32:12 SPECIAL USE 1 ALCOHOLIC BEVERAGE SALES APPLICATION.
10:32:15 THOSE TWO APPLICATIONS ARE STILL IN PROCESS CURRENTLY.
10:32:20 AND TO ORIENT YOU ON THE SITE, I WOULD JUST LIKE TO SHOW
10:32:28 AN AERIAL OF THE SITE.
10:32:38 SO THIS IS THE SITE LOCATED ON FRANKLIN STREET,
10:32:42 IDENTIFIED IN RED.
10:32:44 THIS IS TAMPA STREET ON THE WEST.
10:32:46 THIS IS FORTUNE STREET TO THE NORTH.
10:32:49 AND ROYAL STREET.
10:32:52 THIS IS FLORIDA AVENUE TO THE EAST.
10:32:54 AND THIS IS THE SITE IN RED, 1202 FRANKLIN.
10:32:59 THIS IS A VIEW SHOWING THE SOUTH END OF THE STRUCTURE.
10:33:03 THIS IS THE FRONT OF THE BUILDING.
10:33:05 AND THIS IS THE VIEW FROM THE OTHER SIDE.
10:33:09 THE SECOND LEVEL, WHICH IS THE OUTDOOR AREA WHICH IS NOT
10:33:12 COVERED FOR ALCOHOLIC BEVERAGE SALES, THAT IS THE AREA
10:33:15 THAT IS HERE.
10:33:16 AND THEN THIS IS THE FIRST LEVEL OF THIS STRUCTURE.
10:33:27 AND THAT CONCLUDES THE PRESENTATION ON THE CURRENT SALES.
10:33:33 YES, COUNCIL, I WOULD ALSO LIKE TO MENTION, I'M SORRY,
10:33:36 THAT THE LETTER, BASED OPPOSED SAY NO INFORMATION
10:33:39 RECEIVED TO OUR OFFICE FROM SURROUNDING NEIGHBORS, A
10:33:48 LETTER WAS ISSUED TO THE BUSINESS OPERATOR.
10:33:51 WE ISSUED A LETTER.
10:33:52 IT WENT OUT TO THE BUSINESS.
10:33:53 IT WENT OUT TO THE BUSINESS OWNER.
10:33:55 AND IT WENT OUT TO THE PROPERTY OWNER.
10:33:57 WE ALSO HAD THIS NOTICE LETTER ISSUED BY HAND BY TPD.
10:34:02 THIS WAS A NOTICE OF INTENT TO REVOKE OR SUSPEND THE SALE
10:34:06 OF ALCOHOLIC BEVERAGES PURSUANT TO SECTION 27-318, CITY
10:34:11 OF TAMPA LAND DEVELOPMENT CODE. THIS WAS ISSUED ON MAY
10:34:14 28th, 2020.
10:34:16 AND THAT LETTER WENT OUT TO ALL OF THOSE MENTIONED.
10:34:21 IT WENT INTO THE PERMIT HISTORY OF THE SITE, AND THE
10:34:24 REQUIREMENTS FOR COMPLIANCE FOR THE SITE, AND THAT WAS
10:34:28 SUBMITTED AND DELIVERED TO THE LOCATIONS AS INDICATED.
10:34:34 >> I NEGLECTED TO MENTION, IN THE NOTICE OF INTENT IS AT
10:34:51 TAB 1.
10:34:52 YOU CAN SEE ON THE LETTER, IF YOU ARE READING ALONG, THE
10:34:55 BUSINESS IS ACTUALLY CALLED MOLE Y ABUELA.
10:35:00 THE LICENSED BEVERAGE HOLDER IS AN LLC CALLED MAYA TAMPA
10:35:04 LLC, AND THE PROPERTY OWNER AT THE TIME OF THE NOTICE WAS
10:35:07 ISSUED WAS AN LLC CALLED PARANOSE LLC BUT I BELIEVE JUNE
10:35:16 OR JULY THE PROPERTY WAS SOLD TO AN ENTITY CALLED 1201
10:35:20 FRANKLIN HOLDINGS LLC.
10:35:22 SO THERE'S A DIFFERENT PROPERTY OWNER BUT THE BUSINESS
10:35:25 OWNER AND LICENSE OWNER MAYA TAMPA IS STILL THE BUSINESS
10:35:29 OWNER OF THIS ESTABLISHMENT.
10:35:31 SO BEHIND TAB 10 IN YOUR BINDERS, THERE IS A CHRONOLOGY
10:35:36 OF EVENTS IN VIOLATION -- AND VIOLATIONS.
10:35:39 THEY ARE OUTLINED IN PAGE 4 OF THE NOTICE OF INTENT, AND
10:35:42 THEY GO ON FOR TWO OR THREE PAGES BEYOND THAT, AND THEN
10:35:46 AT TAB 10, THERE'S INCLUDED A SUMMARY OF A COMPILATION OF
10:35:52 ALL THE NUMEROUS CALLS THAT TPD RECEIVED DURING THE MONTH
10:35:55 OF MAY FOR THIS ESTABLISHMENT, AS WELL AS ALL THE POLICE
10:35:58 REPORTS THAT ARE REFLECTED, THAT WERE PREPARED BY THE
10:36:02 OFFICERS THAT RESPONDED.
10:36:04 SO ALL OF THOSE SHOW, WE BELIEVE, AND I DO HAVE A COUPLE
10:36:07 OF TPD OFFICERS HERE WHO WILL BE PROVIDING SOME TESTIMONY
10:36:10 IN A FEW MOMENTS, BUT AS I STATED EARLIER, THE PHASE ONE
10:36:14 REOPENING STARTED ON MAY 4th AND RIGHT OUT OF THE BOX
10:36:17 ON MAY 5th AND 6th THERE WAS UNREASONABLY LOUD
10:36:20 AND EXCESSIVE NOISE, BY MAY 8th AND 9th THERE
10:36:25 WERE LINES OUT OF THE DOOR OF THE ESTABLISHMENT, THERE
10:36:27 WAS NO SOCIAL DISTANCING, IN VIOLATION OF THE EXECUTIVE
10:36:29 ORDERS, TABLES HAD BEEN REMOVED FROM WITHIN THE
10:36:32 ESTABLISHMENT, SO APPARENTLY THEY WEREN'T SERVING FOOD,
10:36:36 THERE WAS NO SERVICE, FOOD SERVICE THAT WAS GOING ON,
10:36:39 AGAIN IN VIOLATION OF THE CITY'S CONDITION OF APPROVAL,
10:36:41 AND ALSO THE EXECUTIVE ORDERS.
10:36:45 MIDDLE OF MAY, MAY 14-15 THEY WERE OVER THE 25% CAPACITY
10:36:49 THAT WAS REQUIRED TO BE FOLLOWED.
10:36:51 THEY WERE NOT FOLLOWING SOCIAL DISTANCING REQUIREMENTS.
10:36:53 THERE WAS UNREASONABLY EXCESSIVE NOISE IN VIOLATION OF
10:36:56 LAND DEVELOPMENT CODE SECTION 14-54.
10:36:59 AGAIN, MAY 15th THROUGH 16th, TPD ADVISES
10:37:03 SECURITY MANAGER OF THE NUMEROUS VIOLATIONS.
10:37:06 THE ESTABLISHMENT HAD BEEN CONVERTED INTO A CLUB AND WAS
10:37:08 OVER 100% CAPACITY.
10:37:11 AND THE OFFICER NOTED THAT THE SECURITY MANAGER SEEMED TO
10:37:13 HAVE AN EXCUSE FOR EVERY VIOLATION.
10:37:16 AGAIN ON MAY 16th AND 17th OF 2020, THE OFFICER
10:37:20 NOTED THAT THE ESTABLISHMENT HAS COMPLETELY VIOLATED ALL
10:37:23 OF THE STATE AND LOCAL EXECUTIVE ORDERS, THE BAR WAS OPEN
10:37:26 AT FULL CAPACITY, DRINKS WERE BEING ACTIVELY SERVED AT
10:37:29 THE BAR IN VIOLATION OF EXECUTIVE ORDER 20-112.
10:37:33 THERE WAS NO MAINTAINING OF SOCIAL DISTANCING.
10:37:36 TPD NOTED THAT THE OWNER WAS UNCOOPERATIVE AND DID NOT
10:37:39 APPEAR TO CARE ABOUT FOLLOWING THE GUIDELINES AT ALL.
10:37:42 MAY 19th THROUGH 20th OF 2020, OVER 100% CAPACITY
10:37:46 IN VIOLATION OF OCCUPANCY LIMITS AND IN VIOLATION OF THE
10:37:49 SPECIAL USE APPROVAL AND THE CITY FIRE MARSHAL'S
10:37:52 OCCUPANCY LIMITS.
10:37:53 THERE WAS NO MAINTAINING OF SOCIAL DISTANCING AND AGAIN
10:37:56 UNREASONABLY LOUD AND EXCESSIVE NOISE.
10:37:58 MAY 22ND THROUGH 23rd OF 2020, THERE WAS BARRIO
10:38:03 LATINO ANTS SOCIAL DISTANCING VIOLATIONS THAT WERE NOTED,
10:38:06 SEVERELY OVER THE 50% CAPACITY REQUIREMENTS IN VIOLATION
10:38:08 OF EXECUTIVE ORDER 20-123.
10:38:12 ON MAY 24th, TAMPA FIRE RESCUE INVESTIGATORS WERE ON
10:38:15 SITE AND OBSERVED THAT PATRONS REQUEST NOT FOLLOWING ANY
10:38:19 SOCIAL DISTANCING GUIDELINES.
10:38:21 MOST OF THE PATRONS WERE STANDING AND NOT EATING ANY
10:38:24 FOOD.
10:38:25 AT APPROXIMATELY 10:00, ABOUT 20 PATRONS WERE NOTED
10:38:30 DRINKING ALCOHOLIC BEVERAGES ON THE ROOFTOP IN VIOLATION
10:38:32 OF THE CITY'S APPROVAL.
10:38:33 ALSO ON THAT DATE THERE, WAS A NORTH SIDE GATE EXIST TO
10:38:37 THE STAIRWELL LEADING -- LEADING UP TO THE ROOFTOP WAS
10:38:42 PAD LOCKED CLOSE WITH OCCUPANTS UPSTAIRS AND THIS WAS
10:38:45 NOTED AS A LIFE SAFETY CODE VIOLATION.
10:38:47 ON MAY 26, 2020, THE ESTABLISHMENT AGAIN EXCEEDED THE
10:38:50 MAXIMUM OCCUPANCY.
10:38:52 THEY WERE OVER THE 50% CAPACITY REQUIREMENTS IN VIOLATION
10:38:55 OF THE EXECUTIVE ORDER.
10:38:57 THERE WAS NO MAINTAINING OF SOCIAL DISTANCING.
10:39:00 TAMPA POLICE DEPARTMENT WAS DENIED ENTRY INTO THE
10:39:02 ESTABLISHMENT IN VIOLATION OF STATE STATUTE.
10:39:05 CUSTOMERS WERE STANDING AT AND OR BEING SERVED ALCOHOLIC
10:39:08 BEVERAGES FROM THE INSIDE AND OUTSIDE BARS.
10:39:11 AND THEN FINALLY, ON MAY 28th OR 29th, MANAGEMENT
10:39:14 ADVISED TPD THAT THEY WERE ONLY GOING TO COMPLY WITH THE
10:39:18 ORIGINAL OCCUPANCY PERMIT, NOT THE COVID GUIDELINES.
10:39:22 AT 11:10 P.M. THAT EVENING OFFICERS OBJECT SEARCHED THE
10:39:26 ATMOSPHERE AGAIN TURNED FROM A RESTAURANT TO A BAR, AND
10:39:29 PATRONS WERE DRINKING ALCOHOLIC BEVERAGES AROUND THE BAR
10:39:32 AND THROUGHOUT THE RESTAURANT.
10:39:34 SO ALL THESE REPORTS AND THE OFFICERS WHO WILL TESTIFY IN
10:39:40 JUST A MOMENT ESTABLISHED JUST NUMEROUS VIOLATIONS, NO
10:39:46 ATTEMPT BY THE OPERATORS, THE PROPERTY OWNER OR ANY AGENT
10:39:51 OR EMPLOYEE TO COMPLY WITH THESE REGULATIONS, AND SO AT
10:39:54 THIS TIME I WOULD LIKE TO CALL LIEUTENANT TRAVIS MOSS
10:39:59 WITH THE TAMPA POLICE DEPARTMENT TO COME FORWARD.
10:40:01 THE FIRST FEW PAGES BEHIND TAB 10 ARE LIEUTENANT MOSS'
10:40:06 COMPILATION OF TPD REPORTS DURING THE MONTH OF MAY.
10:40:09 SO HE'S GOING TO DESCRIBE THOSE JUST BRIEFLY.
10:40:11 >> GOOD EVENING, COUNCIL.
10:40:16 MY NAME IS TRAVIS MOSS, A LIEUTENANT WITH THE TAMPA
10:40:18 POLICE DEPARTMENT.
10:40:19 I WILL TRY TO BE AS BRIEF AS POSSIBLE.
10:40:21 BEFORE WE BEGIN, I WOULD LIKE TO SAY THAT I WAS NEVER AT
10:40:24 MOLE Y ABUELA SO I CAN'T SAY ANYTHING ABOUT THESE NIGHTS
10:40:30 BUT I WAS ORDERED TO COMPILE THE INFORMATION SO WHAT YOU
10:40:32 SEE ON THIS REPORT THAT STARTS MAY 22, 23, AND GOES
10:40:36 BACKWARDS CHRONOLOGICALLY TO MAY 5th IS ALL PULLED
10:40:40 OFF OF OUR COMPUTER AIDED DISPATCH SYSTEM WHICH IS
10:40:43 THROUGH THE DIVERSEDEX COMPUTER SYSTEM.
10:40:49 SO ALL I DID WAS BASICALLY REVIEW THE ADDRESS 1202 NORTH
10:40:49 FRANKLIN STREET AND THEN I DOCUMENTED EACH ONE OF THESE
10:40:53 CALLS.
10:40:53 SO IF YOU LOOK, FOR INSTANCE, AN EASY ONE IS MAY 21-22,
10:41:01 TPD NUMBER 20-256 008, THAT IS THE ASSIGNED NUMBER OR VIN
10:41:08 NUMBER TO THAT CALL.
10:41:09 SO IF SOMEBODY CALLS IN, WHEN THEY CALLED IN THIS
10:41:12 COMPLAINT, THAT'S THE NUMBER THAT WAS AUTOMATICALLY
10:41:14 ASSIGNED TO IT.
10:41:15 IT WAS CATALOGUED BY THE CALL TAKER AS A DISTURBANCE,
10:41:19 MUSIC, AND THEN WHEN THE CALL TAKER HEARD THE
10:41:25 COMPLAINANT, AND THEY WERE COMPLAINING ABOUT THE NOISE,
10:41:29 IT WAS ON MAY 21st AND THEN 2210 HOURS, OBVIOUSLY
10:41:34 MILITARY TIME, 10:10 P.M.
10:41:37 LOUD MUSIC AS YOU SEE WAS WRITTEN IN CAPITAL LETTERS IS
10:41:40 THE ACTUAL TAB CALL NOTED ITSELF.
10:41:43 SO THAT'S THE CALL TAKER TAKING THE CALL FROM THE
10:41:46 COMPLAIN AND, THEY SHIP IT TO THE DISPATCHER AND THAT'S
10:41:49 WHAT ACTUALLY RECEIVED BY THE OFFICERS THAT WENT OUT TO
10:41:51 THIS PARTICULAR CALL.
10:41:53 SO LOUD MUSIC AND TALKING FROM THIS LOCATION, THAT'S
10:41:56 BASICALLY WHAT THE OFFICERS KNEW.
10:41:58 OF COURSE BY THIS POINT, WE HAD ALREADY KNOWN THAT THIS
10:42:01 PLACE WAS A PROBLEM, BECAUSE WE HAD BEEN OUT THERE
10:42:03 SEVERAL TIMES.
10:42:04 AND I ONLY DID THIS FROM THE 23rd BACK TO THE
10:42:07 5th.
10:42:08 LOOKING AT MY COMPUTER WHILE WE WERE WAITING FOR THIS, I
10:42:16 REALIZED THERE WERE ACTUALLY 14 MORE CALLS BETWEEN THE
10:42:22 23rd TO THE 31st, AND THERE WAS SELF-INITIATED
10:42:26 EVENTS WHICH IS AN OFFICER PUTTING THEMSELVES OUT THERE
10:42:28 TO GO AND REVIEW.
10:42:29 SO WHAT THEY WERE DOING, AND I THINK OFFICER MATHIS IS
10:42:33 GOING TO TESTIFY TO THAT SHORTLY, THEY WERE GOING OUT
10:42:35 THERE ALMOST HOURLY EVERY NIGHT TO CHECK, BECAUSE WE HAD
10:42:38 SO MANY COMPLAINTS.
10:42:39 SO IF THERE'S ANY QUESTIONS FROM COUNCIL?
10:42:45 >>GUIDO MANISCALCO: DO WE HAVE ANY QUESTIONS AT THIS
10:42:46 TIME?
10:42:49 NO, SIR.
10:42:50 THANK YOU VERY MUCH.
10:42:51 >>ORLANDO GUDES: OFFICER -- LIEUTENANT, I'M SORRY.
10:43:03 ANY ARRESTS IN THIS CASE, ANY OF THESE CASES?
10:43:06 >> NO, SIR, I DON'T BELIEVE THERE'S ANY ARRESTS FROM WHAT
10:43:08 I HAVE SEEN THERE.
10:43:09 WERE SEVEN REPORTS AND TEN STREET CHECKS THAT WERE
10:43:12 WRITTEN.
10:43:12 BUT I DON'T BELIEVE THERE WERE ANY ARRESTS.
10:43:15 >>ORLANDO GUDES: I SAW THE STREET CHECKS.
10:43:20 THANK YOU.
10:43:21 >> NOW I WOULD LIKE TO ASK OFFICER LEE MATHESON TO
10:43:26 TESTIFY.
10:43:29 >> GOOD EVENING, COUNCIL.
10:43:36 OFFICER LEE MADISON, TAMPA POLICE DEPARTMENT.
10:43:39 I'M ASSIGNED AS THE CRIME PREVENTION OFFICER IN THE AREA,
10:43:42 SO A LOT OF PROBLEMS USUALLY GET ASSIGNED TO ME SO I CAN
10:43:47 DEAL WITH THEM WITH A PERSONAL TOUCH.
10:43:52 I AM WAS ASSIGNED THIS BUSINESS BY MY LIEUTENANT AT THE
10:43:56 TIME, LIEUTENANT RON PALK, AND WHAT WE WERE BEGINNING TO
10:44:01 NOTICE WAS THERE WERE A LOT OF NOISE COMPLAINTS, WE WERE
10:44:06 GETTING DISTURBANCES IN TERMS OF PEOPLE ACTUALLY FIGHTING
10:44:09 IN THE AREA, AND SPECIFICALLY WE WERE ALSO GETTING COVID
10:44:14 COMPLAINTS AS WELL, PEOPLE WERE COMPLAINING ABOUT SOCIAL
10:44:17 DISTANCING, THEY WERE OVER CAPACITY, JUST VIOLATING
10:44:23 PRETTY MUCH ANY RESTRICTION THAT WAS PUT IN PLACE AT THIS
10:44:26 TIME.
10:44:27 I STARTED RESPONDING TO THIS BUSINESS ON AN HOURLY BASIS,
10:44:32 I BELIEVE ON THE SHIFT OF THE 23rd, AND INITIALLY, WE
10:44:39 WERE GREETED WITH SOMEWHAT COOPERATION.
10:44:45 THE BUSINESS OWNERS AND MANAGERS NODDED THEIR HEAD AND
10:44:50 AGREED, YES, WE WILL FOLLOW WHAT YOU NEED TO, WITH A
10:44:52 SMILE ON THEIR FACE, BUT SHORTLY THEREAFTER, IT FELL OFF.
10:44:58 THEY CONTINUED TO SAY YES, WE WILL FOLLOW THE
10:45:01 RESTRICTIONS, WE WILL FOLLOW THE RESTRICTIONS SHIFT AFTER
10:45:04 SHIFT AFTER SHIFT, AND THERE CONTINUED TO BE VIOLATIONS
10:45:08 ON VIOLATIONS ON VIOLATIONS EACH AND EVERY SHIFT.
10:45:13 SPECIFICALLY, WHAT I NOTICED GOING THROUGH, READING BACK
10:45:17 THROUGH THE COVID GUIDELINES, THEY WERE NOT SUPPOSED TO
10:45:21 BE OPERATING AS A NIGHTCLUB BECAUSE NIGHT CLUBS AT THIS
10:45:24 POINT WERE NOT OPEN FOR BUSINESS, PERIOD.
10:45:27 THEY WERE NOT SUPPOSED TO BE OPERATING AT ALL.
10:45:32 AND AS THEY WERE OPEN AS A RESTAURANT EARLY IN THE
10:45:34 EVENING, THEY DID CONVERT TO A TYPICAL NIGHTCLUB AROUND
10:45:40 9:00 P.M.
10:45:41 THEY WOULD SHUT OFF, OR THEY WOULD HAVE EVERYONE LEAVE
10:45:45 THE BUSINESS, I'M SORRY, AND THEY WOULD TAKE OUT ALL THE
10:45:49 TABLES, ALL THE CHAIRS, SET UP A DJ, ACCORDING TO EVEN TO
10:45:54 THEM, A DANCE FLOOR, AND THEY WOULD SERVE PEOPLE ALCOHOL
10:45:57 DIRECTLY FROM THE BAR WHICH AGAIN WAS A SPECIFIC COVID
10:46:00 VIOLATION.
10:46:00 THEY WERE NOT SUPPOSED TO BE DOING THAT, PERIOD.
10:46:05 IN ADDITION TO THAT, I WAS GETTING NUMEROUS NOISE
10:46:08 COMPLAINTS FROM NEARBY RESIDENTS, SPECIFIC DOCUMENTED
10:46:18 WARNINGS AND STREET CHECKS DUE TO NOISE AGAIN IN
10:46:22 VIOLATION OF CITY ORDINANCE.
10:46:23 GOING FORWARD I WAS ALSO THE OFFICER TO ISSUE THEIR CEASE
10:46:28 AND DESIST ORDER, I BELIEVE IT WAS CALLED, ON THE
10:46:31 29th AT APPROXIMATELY 1840 HOURS WHICH IS 6:40 P.M.
10:46:36 I MET WITH TWO MANAGERS AT THAT TIME WHO I PROVIDED A
10:46:41 COPY TO THEM TO THAT ORDER, AND THEY ALSO SIGNED OUR COPY
10:46:47 SHOWING THAT THEY UNDERSTOOD WHAT WAS GOING ON.
10:46:50 I ANSWERED AS MANY QUESTIONS AS I POSSIBLY COULD FOR
10:46:53 THEM, TO THE BEST OF MY ABILITY.
10:46:56 I RESPONDED BACK LATER THAT EVENING.
10:46:58 I SPOKE WITH THE SELF DESCRIBED OWNER OF THE PROPERTY,
10:47:04 FRANCO BISCANTE, I BELIEVE, AND HE ADVISED HE HAD BEEN ON
10:47:11 THE PHONE WITH HIS LAWYER FOR THE LAST THREE HOURS AND
10:47:14 HIS LAWYER INDICATED TO HIM THAT THEY WERE NOT GOING TO
10:47:17 FOLLOW THE CEASE AND DESIST ORDER IN TERMS OF THE
10:47:20 CONSUMPTION OF ALCOHOL ON THE ROOFTOP.
10:47:22 THEY WERE GOING TO CEASE THE SALE OF ALCOHOL ON THE
10:47:25 ROOFTOP, BUT THEY WERE GOING TO IN ESSENCE SELL ALCOHOL
10:47:29 ON THE LOWER STORY AND THEN THE CUSTOMER THEMSELVES WOULD
10:47:32 BRING IT UP TO THE TOP FOR CONSUMPTION.
10:47:35 WHEN I DID MY HOURLY WALK-THROUGHS, THIS IS WHAT I NOTED
10:47:39 AS WELL.
10:47:40 THEY APPEARED TO HAVE REMOVED FROM UPSTAIRS BAR AREA ALL
10:47:45 THE ALCOHOL BOTTLES, I DID NOT SEE A BARTENDER UP TOP,
10:47:49 BUT THERE WERE NUMEROUS PEOPLE EACH TIME STILL DRINKING
10:47:52 UPSTAIRS DESPITE BEING ADVISED THAT THEIR BUSINESS WAS
10:47:56 NOT SUPPOSED TO BE DOING THIS.
10:47:59 EVEN CONTINUING TO THIS POINT, WE WERE STILL GETTING, WE
10:48:06 WILL FOLLOW THIS, WE WILL ADHERE TO YOUR GUIDELINES, BUT
10:48:09 IMMEDIATELY WHEN WE WOULD COME BACK FOR THE SAME
10:48:11 VIOLATIONS, SHIFT AFTER SHIFT.
10:48:14 THERE WAS NO INDICATION THAT THEY WERE ACTUALLY GOING TO
10:48:16 FOLLOW THE GUIDELINES, AND IT SEEMED LIKE THEY WERE JUST
10:48:19 PLACATING US.
10:48:22 I'LL BE FINE TO ANSWER ANY QUESTIONS THAT THE COUNCIL
10:48:24 MIGHT HAVE, AS I WAS OFFICER PRIMARILY ASSIGNED TO THIS
10:48:27 AREA.
10:48:28 >>GUIDO MANISCALCO: ANY QUESTIONS FOR THE GENTLEMAN?
10:48:30 YES, SIR, COUNCILMAN DINGFELDER.
10:48:32 >>JOHN DINGFELDER: OFFICER MATTISON, WHERE IS YOUR ZONE?
10:48:43 HOW FAR -- WHERE DO YOU COVER?
10:48:45 >> SO FOR DISTRICT 3, I COVER ALL OF CENTER F AS A CRIME
10:48:51 PREVENTION OFFICER SO I WILL RESPOND TO YBOR, DOWNTOWN,
10:48:55 YOU KNOW, AS FAR EAST AS PRETTY MUCH THE JAIL WHATEVER
10:49:00 PROBLEMS THAT MAY OCCUR.
10:49:01 >>JOHN DINGFELDER: AND DURING THE COVID PERIOD HAVE
10:49:06 THERE BEEN OTHER ESTABLISHMENTS THAT YOU HAVE HAD TO GIVE
10:49:10 WARNINGS TO OR THAT SORT OF THING?
10:49:15 >> YES, SIR.
10:49:16 I HAVE HAD TO GIVE WARNINGS TO SEVERAL OTHER BUSINESSES
10:49:19 AS WELL.
10:49:19 >>JOHN DINGFELDER: AND WHAT SORT OF RESPONSE DID THOSE
10:49:28 OTHER ESTABLISHMENTS DID YOU GET?
10:49:29 >> PRIMARILY, THE ISSUE AT THIS TIME WAS MOLE Y ABUELA
10:49:40 BUT WHEN THE NIGHT CLUBS BEGAN REOPENING, THERE WAS
10:49:43 CAPACITY RESTRICTION WAS THE NIGHT CLUBS.
10:49:45 >>JOHN DINGFELDER: AND WHEN YOU GAVE THOSE WARNINGS, THE
10:49:53 OTHER ESTABLISHMENTS, DID THEY RESPOND POSITIVELY AND
10:49:55 CORRECT THE CONCERNS THAT YOU HAD?
10:49:59 >> SOME OF THEM DID, AND SOME OF THEM STILL CONTINUED TO
10:50:05 VIOLATE.
10:50:06 >>JOHN DINGFELDER: I COULDN'T HEAR THE END.
10:50:07 >> SORRY.
10:50:07 SOME OF THEM RESPONDED AND MADE THE CORRECT CHANGES TO
10:50:10 FOLLOW THE GUIDELINES AND THE ORDINANCE AND THE ORDERS,
10:50:12 AND SOME OF THEM DID NOT.
10:50:13 >>JOHN DINGFELDER: OKAY.
10:50:24 IN YOUR OPINION, AS RELATED TO THE TOTAL OF ALL THE
10:50:28 INSTITUTIONS THAT YOU INVESTIGATED AND SPOKE TO,
10:50:32 ET CETERA, WHERE DOES MOLE Y ABUELA FIT IN THE WORST, THE
10:50:41 MIDDLE, YOU KNOW, WHATEVER?
10:50:43 >> THEY WERE BY FAR THE MOST EGREGIOUS VIOLATOR, FAR AND
10:50:47 AWAY, NOT EVEN REMOTELY CLOSE.
10:50:49 >>JOHN DINGFELDER: THANK YOU, SIR.
10:50:52 >> THANK YOU.
10:50:53 >>GUIDO MANISCALCO: ANYBODY ELSE HAVE ANY QUESTIONS?
10:50:55 NO?
10:50:56 ALL RIGHT.
10:50:56 THANK YOU VERY MUCH.
10:50:56 >>SUSAN JOHNSON-VELEZ: I WOULD LIKE TO ASK TAMPA FIRE
10:51:05 INVESTIGATOR FRANK ROZETTI TO TESTIFY ABOUT HIS
10:51:12 EXPERIENCE WITHIN MOLE RESTAURANT.
10:51:13 >> GOOD EVENING.
10:51:14 MY NAME IS FRANK ROZETTI.
10:51:19 I WORK FOR TAMPA FIRE RESCUE AS A FIRE INVESTIGATOR.
10:51:22 AND I WANT TO MAKE TWO OCCURENCES, ONE REFERENCED MAY
10:51:26 24th.
10:51:28 I WAS TASKED OR ASSIGNED TO ASSIST MY TPD BROTHERS IN
10:51:34 ENTERING ABUELA FOR THE PURPOSE OF VIOLATIONS OF POSSIBLE
10:51:40 FIRE CODE VIOLATIONS THAT MIGHT HAVE BEEN GOING ON THERE
10:51:43 BECAUSE OF OCCUPANT OVERLOADING, ALSO DURING THE PANDEMIC
10:51:48 RESTRICTIONS.
10:51:49 AND SPECIFICALLY, THE 24th FOR ME WAS NOTED BECAUSE
10:51:54 THAT'S THE DAY AS WAS READ HERE ALREADY THAT THEY WERE
10:51:59 HAVING SOME PATRONS ON THE ROOFTOP, WHICH REQUIRES YOU TO
10:52:04 GO UP THE STAIRWELLS.
10:52:07 ONE IS AN INTERIOR STAIRWELL OF THE BUILDING AND ONE IS
10:52:10 THE NORTH STAIRWELL THAT IS ALSO AN EXIT DISCHARGE.
10:52:15 THAT'S THE NORTH SIDE EXIT GATE THAT I OBSERVED BEING
10:52:19 LOCKED WITH A PADLOCK, WHICH IS OBVIOUSLY A FIRE SAFETY
10:52:23 OR A LIFE SAFETY ISSUE.
10:52:25 A BUSINESS HAS TO BE -- ALL THEIR EXITS HAVE TO BE
10:52:30 READILY OPEN AND AVAILABLE FOR PEOPLE TO LEAVE IN THE
10:52:33 CASE OF AN EMERGENCY.
10:52:34 WHEN I QUESTIONED, ONE OF THE MANAGERS WHO I BELIEVE IS
10:52:38 LIKE THE MANAGER, THE DOORMAN MANAGER, HE SAID, OH, YEAH,
10:52:42 WE HAVE THE KEY.
10:52:43 SO I ASKED HIM TO PRODUCE THE KEY.
10:52:45 IT TOOK HIM ABOUT FIVE MINUTES TO GO FEIGNED THE KEY.
10:52:48 I DID NOT NECESSARILY FINE HIM, THE BUSINESS AT THAT
10:52:51 TIME.
10:52:52 I JUST EDUCATED HIM ON, HEY, IF YOU ARE GOING TO HAVE THE
10:52:55 STAIRS UPSTAIRS OPEN, OR IF YOUR BUSINESS IS GOING TO BE
10:52:59 OPEN AT ALL, YOU NEED TO HAVE ALL YOUR EXITS OPEN AND
10:53:02 UNLOCKED AND EASILY ACCESSIBLE FOR THE PATRONS THAT MAY
10:53:07 BE GUARD TO EXIT SAFELY.
10:53:10 AGAIN, AS EVERYBODY ELSE MENTIONED, YES, SIR, WE'LL DO
10:53:14 WHAT WE NEED TO, I UNDERSTAND, IT WON'T BE AN ISSUE
10:53:18 AGAIN.
10:53:18 SO AT THAT TIME, I JUST DOCUMENTED IT, AND WE WERE
10:53:23 INFORMED AT APPROXIMATELY 2230 HOURS OR 10:30 HOURS,
10:53:30 CIVILIAN TIME, THEY STATED, BUSINESS WASN'T THAT BUSY SO
10:53:35 WE ARE JUST GOING TO SHUT DOWN FOR THE EVENING, PROMPTING
10:53:39 US TO PROBABLY LEAVE AND NOT DO THE HOURLY CHECKS AS WE
10:53:43 HAD BEEN INSTRUCTED TO DO SO.
10:53:46 WHEN THAT OCCURRED I OBSERVED ABOUT 15 OR 20 PEOPLE
10:53:49 STANDING IN FRONT OF THE DOOR WAITING TO ENTER THE
10:53:52 OCCUPANCY LOAD.
10:53:53 I WILL ALSO STATE THAT ON THAT PARTICULAR DAY, THE
10:53:58 BUSINESS WAS NOT OVERCROWDED TO THEIR MAXIMUM CAPACITY OF
10:54:03 100%, IS 196 ALLOWABLE TOTAL, I BELIEVE IN THE NOTES THEY
10:54:09 ARE ALLOWED TO HAVE 60 OCCUPANTS IN THE UPSTAIRS PORTION
10:54:13 AND 136 IN THE DOWNSTAIRS PORTION, UNDER NORMAL
10:54:18 CONDITIONS.
10:54:18 WHEN WE WERE OPERATING UNDER THE COVID CONDITIONS, THIS
10:54:21 WAS THE TIME WHERE THE 50% RULE WAS IN EFFECT, BUT WE
10:54:28 DIDN'T VIOLATE THEM AT THAT TIME BECAUSE THEY WERE UNDER
10:54:31 THE 50% THAT DAY.
10:54:33 SO ON MAY 27th, AGAIN, I WAS TASKED AND ASSIGNED TO
10:54:43 ASSIST TPD WITH THEIR HOURLY WALK-THROUGHS.
10:54:49 THE FIRST FEW HOURS OF THE DAY WE STARTED ABOUT 9:00 OR
10:54:52 SO, 9:30, LOW CROWD, EVERYBODY COOPERATIVE, NO ISSUES
10:54:57 NOTED FROM A FIRE SAFETY POINT OF VIEW.
10:55:01 LATER IN THE EVENING, THE CROWD STARTED GETTING LARGER.
10:55:08 WE APPROACHED AT APPROXIMATELY 2300 HOURS, SO 11:00 IN
10:55:13 THE EVENING.
10:55:14 WE APPROACHED THE DOORMAN.
10:55:17 THERE WAS A LARGE CROWD GATHERING IN THE FRONT DOOR.
10:55:20 THEY WEREN'T APPLYING THE SOCIAL DISTANCE GUIDELINES, THE
10:55:24 6-FOOT RULE.
10:55:26 I ASKED THE DOORMAN, COULD HE GIVE ME A COUNT OF HOW MANY
10:55:29 PEOPLE WERE IN THE NIGHTCLUB AT THIS PARTICULAR TIME?
10:55:32 AND HE INDICATED THAT THERE WERE 96 PEOPLE.
10:55:38 OBVIOUSLY, THAT WASN'T THE CASE.
10:55:40 SO AT THAT TIME I CALLED MY FIRE MARSHAL, I TOLD HIM THAT
10:55:45 THEY WERE EXCEEDING THEIR 169, OR 196 OCCUPANCY WHICH IS
10:55:51 THEIR 100% OCCUPANCY UNDER A NORMAL NO-COVID RESTRICTION,
10:55:57 AND WE DIDN'T SHUT THEM DOWN BUT WE CALLED DUMP THE
10:56:03 BUILDING SO I EVACUATED THE ENTIRE BUILDING AND STARTED A
10:56:07 HEAD COUNT.
10:56:08 OFFICERS WENT IN WESTBOUND THEIR BODY WARN CAMERAS.
10:56:10 THEY OBSERVED ABOUT 286 PEOPLE TOTAL IN THE BUILDING.
10:56:13 AS WE STARTED TO PHYSICALLY -- NOW MIND YOU AT THIS POINT
10:56:17 WHEN I ANNOUNCED THE SHUTDOWN, SEVERAL PEOPLE HAD LEFT
10:56:20 THE ROOFTOP, WENT OUT THE SIDE STAIRWELL SO WE DIDN'T
10:56:25 COUNT THOSE.
10:56:26 BUT THE PHYSICAL PEOPLE WE ACTUALLY COUNTED COMING OUT OF
10:56:28 THE BUILDING WAS ABOUT 205 PATRONS, WHICH INCLUDED 30
10:56:34 STAFF MEMBERS, APPROXIMATELY.
10:56:36 THIS TOTAL CAME OUT TO 255.
10:56:39 THEIR ALLOWABLE LIMIT IS 196.
10:56:43 AT THAT POINT, I TOLD THE MANAGEMENT THAT WE WERE GOING
10:56:50 TO LET THEM CONTINUE TO STAY OPEN, BUT I WAS ONLY GOING
10:56:54 TO ALLOW THEM TO HAVE 100 PEOPLE IN THE BUSINESS, SO DO
10:56:58 SIMPLE MATH, YOU ARE ALLOWED 196, ROUND IT UP TO 200,
10:57:01 DIVIDE IN THE HALF, THAT'S THE 50% CORONA REQUIREMENT.
10:57:07 I HAD A BRIEFING WITH THE STAFF AND INFORMED THEM IF THIS
10:57:11 OBVIOUSLY CONTINUED THAT THE FIRE MARSHAL'S OFFICE COULD
10:57:15 PULL THEIR OCCUPANCY LOAD AND SHUT THEIR BUSINESS DOWN
10:57:21 UNTIL THEY STARTED COMPLYING.
10:57:22 EVERYBODY UNDERSTOOD.
10:57:23 EVERYBODY WAS PLEASANT.
10:57:24 WE LET 100 PEOPLE BACK IN.
10:57:26 AND I ACTUALLY CONCLUDED MY INVOLVEMENT WITH THAT
10:57:30 SITUATION.
10:57:30 >>GUIDO MANISCALCO: ANY QUESTIONS?
10:57:36 THANK YOU VERY MUCH.
10:57:37 >>SUSAN JOHNSON-VELEZ: COUNCIL MEN'S, I DO WANT TO CALL
10:57:46 YOUR ATTENTION TO TAB 14 IN YOUR NOTEBOOKS.
10:57:48 I JUST WANT TO PUT A FEW PHOTOS ON THE ELMO.
10:57:51 I THINK THE PERSON WHO TOOK THESE PHOTOS IS WAITING TO
10:57:54 SPEAK TO YOU ON ONE OF THE SURROUNDING NEIGHBORS.
10:57:57 BUT PUT THIS UP ON THE ELMO AND JUST SHOW YOU KIND OF A
10:58:00 REPRESENTATIVE PICTURE OF WHAT THE CROWDS LOOKED LIKE.
10:58:06 SO THAT'S THE FRONT OF MOLE Y ABUELA AND YOU CAN SEE
10:58:12 QUITE A NUMBER OF PEOPLE THERE, NO SOCIAL DISTANCING.
10:58:21 AND THIS IS A PICTURE OF THE ROOFTOP AREA OF THE
10:58:25 RESTAURANT.
10:58:25 >>ORLANDO GUDES: MS. VELEZ, WHEN THE FIRE RESCUE TALKS
10:58:39 ABOUT THE NUMBER OCCUPANCY, DOES THAT INCLUDE THE ROOFTOP
10:58:43 OR WAS THAT JUST THE INSIDE OF THE FACILITY THAT'S
10:58:47 PACKED?
10:58:48 >>SUSAN JOHNSON-VELEZ: I BELIEVE HE WAS SPEAKING OF BOTH
10:58:50 THE ROOFTOP AND THE INSIDE BUT HE CAN ANSWER THAT.
10:58:53 >> YES, SIR, THE QUESTION WAS, WHAT IS THE OCCUPANCY
10:58:58 BEING 196 PERSONS ALLOWED IN THE ESTABLISHMENT, THAT IS
10:59:02 THE TOTAL AMOUNT.
10:59:03 THE DOWNSTAIRS IS ALLOWED TO HAVE 136 INTERIOR OF THE
10:59:08 BUSINESS.
10:59:08 THE ROOFTOP, THE SPACE ON THE ROOFTOP IS ALLOWED TO HAVE
10:59:13 THE OTHER 60 PERSONNEL.
10:59:16 SO TOTAL IN THE SQUARE FOOTAGE OR THE FOOTPRINT OF THAT
10:59:19 BUILDING WOULD BE 196 TOTAL PERSONNEL.
10:59:25 >>ORLANDO GUDES: I WAS LOOKING AT THE VIDEOS HERE.
10:59:27 >> SO THE OCCUPANCY SIGN HAS A SPLIT CODE LIKE YOU GO
10:59:31 OUTSIDE, RIGHT THERE THE DOOR, YOU SEE THE MAXIMUM LOAD
10:59:34 AND IF YOU DIVIDE THAT OUT, SO IN THAT BUSINESS, YOU HAVE
10:59:37 A DOWNSTAIRS THAT SAYS 60 AND THE UPSTAIRS -- OR EXCUSE
10:59:41 ME, UPSTAIRS 60, DOWNSTAIRS 136.
10:59:44 >>ORLANDO GUDES: THANK YOU, SIR.
10:59:53 >>SUSAN JOHNSON-VELEZ: SO COUNCIL, PER SECTION 27-318,
10:59:56 AGAIN, COUNCIL MAY SUSPEND THE ABILITY TO SELL ALCOHOLIC
10:59:59 BEVERAGES FOR UP TO 30 DAYS FOR A FIRST VIOLATION.
11:00:02 SO THIS WOULD BE A FIRST VIOLATION.
11:00:03 THAT'S THE MAXIMUM AMOUNT OF TIME OF THE SUSPENSION.
11:00:07 AND DETERMINING WHETHER TO SUSPEND OR REVOKE AN APPROVAL
11:00:10 TO SELL ALCOHOLIC BEVERAGES, CITY COUNCIL SHALL CONSIDER
11:00:13 THE GRAVITY OF THE VIOLATION, ANY ACTIONS TAKEN BY THE
11:00:17 VIOLATOR TO CORRECT THE VIOLATION, AS WELL AS ANY
11:00:20 PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR.
11:00:23 SO BASED ON THE EVIDENCE IN THE NOTEBOOK, IN THE RECORD,
11:00:29 AND EVIDENCE AND TESTIMONY PRESENTED THIS EVENING, AND
11:00:31 CONSIDERING THE GRAVITY OF THE VIOLATIONS, INCLUDING THE
11:00:34 SIGNIFICANT NUMBER OF VIOLATIONS, AS WELL AS THE IMPACTS
11:00:38 TO PUBLIC HEALTH AND SAFETY AS A RESULT OF THE VIOLATION,
11:00:41 MANY VIOLATIONS OF THE COVID RESTRICTIONS, AS WELL AS THE
11:00:45 FACT THAT THE VIOLATOR TOOK NO ACTIONS TO CORRECT THE
11:00:48 NUMEROUS VIOLATIONS BUT INSTEAD BLATANTLY FLOUTED THE
11:00:52 COVID GUIDELINES AS WELL AS LIFE SAFETY REGULATIONS, WE
11:00:55 WOULD RECOMMEND THAT COUNCIL IMPOSE THE MAXIMUM PENALTY
11:00:58 UNDER THE CODE AND SUSPEND THE ABILITY TO SELL ALCOHOLIC
11:01:01 BEVERAGES AT THIS ESTABLISHMENT FOR 30 DAYS.
11:01:04 I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
11:01:06 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
11:01:08 >>JOHN DINGFELDER: SO PROCEDURALLY, I MEAN, MS.
11:01:15 JOHNSON-VELEZ, YOU HAVE BEEN PUTTING ON EVIDENCE AND THAT
11:01:17 SORT OF THING, AND IS THE REPRESENTATIVE FROM THE --
11:01:23 >>SUSAN JOHNSON-VELEZ: I BELIEVE, YES, THE ATTORNEY IS
11:01:24 HERE.
11:01:25 >>JOHN DINGFELDER: SO PROCEDURE REPLY, IS HE
11:01:27 PARTICIPATING?
11:01:27 IS THIS A HEARING, CROSS-EXAMINATION?
11:01:31 >>SUSAN JOHNSON-VELEZ: IT IS A HEARING.
11:01:32 YES, HE'S ENTITLED TO PARTICIPATE IN THE HEARING, YES.
11:01:35 >>JOHN DINGFELDER: OKAY.
11:01:36 SO DOES HE START NOW?
11:01:40 >>SUSAN JOHNSON-VELEZ: YES.
11:01:41 >>JOSEPH CITRO: MS. JOHNSON, THERE IS PENDING PERMIT,
11:01:47 SPECIAL USE PERMITS.
11:01:48 ANY DECISIONS WE MAKE TONIGHT WILL HAVE ANY BEARINGS OWN
11:01:51 THOSE PENDING PERMITS?
11:01:53 >>SUSAN JOHNSON-VELEZ: THIS PROCEEDING IS INDEPENDENT OF
11:01:55 THE NEW SPECIAL USE PERMIT THAT APPLICATION THAT IS
11:01:58 CURRENTLY UNDER CONSIDERATION BY THE DEVELOPMENT AND
11:02:03 GROWTH MANAGEMENT DEPARTMENT.
11:02:04 >>JOSEPH CITRO: AND IF WE -- IF THIS COUNCIL DECIDE TO
11:02:07 SUSPEND THEIR LICENSE, AND WITHIN THREE OR FOUR DAYS THEY
11:02:11 GET ANOTHER SPECIAL USE PERMIT, THAT WOULD BE ALLOWED?
11:02:19 >>SUSAN JOHNSON-VELEZ: THAT COULD VERY WELL -- THAT
11:02:21 COULD VERY WELL HAPPEN.
11:02:23 IT WOULD BE UP TO COUNCIL TO DETERMINE, YOU KNOW, THE
11:02:25 LENGTH AND WHEN THAT STARTS.
11:02:27 BUT THIS HAS TO BE CONSIDERED SEPARATE AND APART FROM THE
11:02:31 NEW SPECIAL USE PERMIT APPLICATION.
11:02:33 >>JOSEPH CITRO: THANK YOU.
11:02:35 >>ORLANDO GUDES: SO WHAT YOU ARE SAYING IS, IF THIS
11:02:37 COUNCIL IMPOSES THESE SANCTIONS TONIGHT, AND SPECIAL USE
11:02:42 PERMIT, THEY COULD BE GRANTED A PERMIT WITH THE 30 DAY
11:02:47 SUSPENSION WE ARE GIVING THEM NOW?
11:02:48 IS THAT WHAT YOU ARE SAYING?
11:02:50 >>SUSAN JOHNSON-VELEZ: COUNCIL HAS THE DISCRETION.
11:02:52 YOU COULD DIRECT STAFF, AND YOU COULD CRAFT ANY TYPE OF
11:02:57 SUSPENSION PERIOD TO ADDRESS THAT SITUATION.
11:03:02 >>JOHN DINGFELDER: I GUESS WE SHOULD FOCUS ON THIS ISSUE
11:03:05 FIRST.
11:03:06 >>ORLANDO GUDES: I GET THAT THE BUT THAT'S WHY I AM
11:03:08 ASKING, BECAUSE TO ME, IT JUST DOESN'T MAKE ANY SENSE.
11:03:12 IF I AM GOING TO IMPOSE A SANCTION ON SOMEBODY BUT GIVE
11:03:15 THEM A PERMIT FOR A SPECIAL USE --
11:03:17 >>SUSAN JOHNSON-VELEZ: AGAIN, THAT'S --
11:03:24 >>ORLANDO GUDES: COME TO THE PODIUM.
11:03:26 >>GUIDO MANISCALCO: THEN THE ATTORNEY FOR THE
11:03:30 ESTABLISHMENT CAN COME UP AND SPEAK?
11:03:43 THE OVERHEAD.
11:03:43 >>ORLANDO GUDES: MR. CHAIRMAN, SO THE ATTORNEY WILL BE
11:03:48 SPEAKING SOLELY FOR THE ESTABLISHMENT, AND UNANIMOUS
11:03:52 OWNER OR REPRESENTATIVE WILL BE HERE, ONLY YOU, SIR?
11:03:55 >> FIRST OF ALL, MY NAME IS ERIC KOENIG.
11:04:01 I REPRESENT MAYA TAMPA IN THIS MATTER.
11:04:10 THAT IS THE LICENSED BUSINESS OWNER.
11:04:11 I WOULD LIKE TO GO AHEAD AND ADDRESS SOME OF THE ISSUES.
11:04:15 SO WHAT I WOULD LIKE TO DO IS FIRST TALK ABOUT -- CAN YOU
11:04:18 HEAR ME OKAY?
11:04:19 >>GUIDO MANISCALCO: YES, WE CAN.
11:04:20 >> SOME PEOPLE ARE LEANING FORWARD A LITTLE BIT.
11:04:23 NUMBER ONE, WHY WAS THERE ALCOHOL SERVED ON THE ROOFTOP
11:04:25 WHEN THERE WAS NO PERMITTING?
11:04:28 NUMBER TWO, TO DISCUSS THE MISCONDUCT THAT THE COUNCIL
11:04:32 JUST HEARD ABOUT.
11:04:33 NUMBER THREE, WHAT HAS BEEN DONE TO ADDRESS THE ISSUES?
11:04:37 AND THEN LASTLY, MOVING FORWARD, WHAT THE FUTURE PLANS
11:04:39 ARE.
11:04:40 SO LET'S START FIRST WITH WHAT JUMPS OUT AS ARGUABLY THE
11:04:45 MOST EGREGIOUS ISSUE AND THAT'S WHY IS MOLE Y ABUELA
11:04:52 SELLING ALCOHOL ON THE ROOFTOP AND IT'S NOT PERMITTED?
11:04:57 IT'S SIMPLE.
11:04:57 FLY BAR NEVER HAD THE LICENSING TO SERVE ON THE ROOFTOP.
11:05:01 MOLE Y ABUELA MERELY PURCHASED WHAT FLY BAR HAD, AND WHAT
11:05:08 WAS CONVEYED AT LAST AS PART OF THE NEGOTIATIONS WAS
11:05:12 THERE WAS LICENSING UP THERE.
11:05:13 AND I AM NOT GOING TO EMBARRASS ANYONE HERE IN ANY
11:05:16 DEPARTMENT OR OTHERWISE OF WHO HAS DRANK ON THE FLY BAR
11:05:20 ROOFTOP OR OTHERWISE, BUT THERE HAVE BEEN PEOPLE FROM THE
11:05:23 LICENSING PERMITTING ZONING ON DOWN THE ROAD.
11:05:26 SO THERE WAS JUST SOMEONE MISSED IT.
11:05:29 AND IT FILTERED THE WAY DOWN, AND I HANDED OUT A COPY OF
11:05:33 THE APPLICATION.
11:05:46 HERE IS PAGE ONE, JUST TO GET AN IDEA AS TO WHAT THE
11:05:49 APPLICATION LOOKS LIKE.
11:05:50 AND WAIL DO, I WILL DRAW YOUR ATTENTION, JUMP TO PAGE 5,
11:05:54 AND IT'S THE FAR RIGHT.
11:05:56 I MARKED IT AS MOLE Y ABUELA FIVE AND I MARKED IT JUST TO
11:06:05 MAKE IT EASIER TO FIND.
11:06:08 AND AS PART OF THE APPLICATION, YOU WILL SEE THAT THE
11:06:10 APPLICANT IS ASKED TO DRAW A PICTURE OR PROVIDE A DIAGRAM
11:06:15 OF ALL AREAS THAT ARE GOING TO BE COVERED BY THE WET
11:06:19 ZONING.
11:06:19 AND WHAT THIS IS, THIS IS THE APPLICATION TO THE STATE
11:06:24 THAT WAS HANDED TO MY CLIENT AS PART OF THE SALE.
11:06:29 LOOK, THIS IS WHAT WE HAVE, AND THIS IS THE MRI
11:06:32 APPLICATION THAT WENT TO THE STATE TO SHOW WHAT ZONING WE
11:06:34 HAD.
11:06:34 AND YOU CAN SEE ON PAGE 5, IT ASKED, DRAW ALL AREAS WHERE
11:06:40 YOU ARE REQUESTING YOUR ALCOHOL, BASICALLY THE SIGN-OFF
11:06:45 FROM THE STATE.
11:06:53 ON PAGE 7, IT'S FAIRLY CLEAR THAT IT SHOWS THE ROOFTOP,
11:06:57 AND EVEN USE IT IS WORD "BAR" TO DESCRIBE IT.
11:07:01 SO IT'S PART OF THE APPLICATION PACKET THAT WAS PROPOSED
11:07:04 TO THE STATE.
11:07:07 PART OF THAT APPLICATION INCLUDED WET ZONING ON THE
11:07:09 ROOFTOP, OR AT LEAST BELIEVED TO BE ON THE ROOFTOP.
11:07:12 AND IF YOU TURN TO THE NEXT PAGE, YOU WILL SEE THE
11:07:21 SIGN-OFF BY HILLSBOROUGH COUNTY.
11:07:24 I'M SORRY, THE CITY OF TAMPA.
11:07:26 SO JUST A LOCAL ENTITY HAD TO SIGN OFF ON THIS
11:07:30 APPLICATION TO SHOW THAT THE APPLICATION WAS PROPERLY
11:07:34 SUBMITTED, THERE WAS COMPLIANCE WITH ALL ZONING AT THAT
11:07:37 TIME, AND IT INCLUDES AND EVEN A CHECK MARK SAYING THAT
11:07:43 THE WET ZONING IS ABOVE AND BEYOND THE CONFINES OF THE
11:07:46 BUILDING.
11:07:48 AND THIS BEING SIGNED OFF, THIS DIDN'T CREATE SOME SORT
11:07:52 OF RIGHT TO SELL ALCOHOL ON THE ROOFTOP.
11:07:54 I AM NOT TRYING TO ARGUE THAT.
11:07:56 BUT I WOULD ALSO LIKE TO CLARIFY THE TESTIMONY EARLIER BY
11:07:59 THE OFFICER THAT MR. BISCONTI WAS ON THE PHONE WITH HIS
11:08:08 ATTORNEY, BY GOD, YOU CAN STAY ON THE ROOFTOP.
11:08:11 THAT WASN'T ME.
11:08:12 SO WHATEVER ADVICE WAS RECEIVED, I DON'T KNOW IF ADVICE
11:08:15 HAD BEEN RECEIVED THAT THIS DOCUMENT CREATED A RIGHT TO
11:08:17 SELL, OR DRINK ALCOHOL ON THE ROOFTOP.
11:08:20 I AM MERELY SHOWING IT TO YOU THAT THIS WAS WHY FLY BAR
11:08:25 AND MOLE Y ABUELA BELIEVED IT COULD SELL ALCOHOL ON THE
11:08:33 ROOFTOP.
11:08:33 NOT TRYING TO MAKE EXCUSES BUT THERE HAD TO BE A REASON
11:08:37 WHY FLY BAR AND MOLE SOLD ALCOHOL ON THE ROOFTOP.
11:08:45 >>ORLANDO GUDES: WHO OWNS THE LICENSE?
11:08:47 >> MAYA TAMPA.
11:08:49 >> SO SUBLEASING THE LICENSE TO BE FLY BAR AND MOLE Y
11:08:54 ABUELA.
11:08:55 IS THAT WHAT WE ARE SAYING?
11:08:57 >> NO, IT'S MY UNDERSTANDING IT WAS SOLD.
11:08:59 SO THIS IS NOW OWNED BY MAYA TAMPA.
11:09:02 MAYA TAMPA PURCHASED THE ALCOHOL LICENSE AND NOW IS IN
11:09:05 THE SHOES OF WHAT FLY BAR HAD BEFORE.
11:09:07 IT MERELY CONVEYED WHAT FLY BAR HAD TO MAYA TAMPA, OR SAY
11:09:13 MOLE Y ABUELA OPERATES AS FLY BAR WAS PERMITTED TO.
11:09:18 >>GUIDO MANISCALCO: ANY OTHER QUESTIONS OR COMMENTS?
11:09:25 >>JOSEPH CITRO: WHAT RELATIONSHIP DOES THE NEW OWNER
11:09:28 HAVE TO THE OLD OWNER PERSONAL OR OTHERWISE?
11:09:32 >> I DON'T BELIEVE THERE IS ANY BUT I DON'T KNOW.
11:09:35 MY FIRM DIDN'T HANDLE THAT AND THAT WAS SOMETHING I
11:09:38 WASN'T INVOLVED AT ALL.
11:09:39 >>JOSEPH CITRO: SO YOU KNOW OF NO RELATIONSHIP WITH THE
11:09:42 OLD OWNER?
11:09:42 >> THAT IS CORRECT.
11:09:44 >>JOSEPH CITRO: IF I MAY CONTINUE, MR. CHAIR.
11:09:46 ON YOUR DOCUMENT ON THE LAST PAGE, IT SAYS, AND WHERE YOU
11:09:50 HIGHLIGHTED, SAYS CONDITION TO OPERATE AS A RESTAURANT.
11:09:55 IS THERE ALSO DINING ON THE TOP FLOOR?
11:09:58 >> THERE IS.
11:09:59 >>JOSEPH CITRO: AND IT'S USED AS A RESTAURANT TYPE OF
11:10:03 DINING AN NOT JUST SOME SORT OF BUFFET TO HAVE THE
11:10:11 APPROPRIATE AMOUNT OF FOOD SERVED FOR THE ALCOHOL?
11:10:13 >> THAT'S CORRECT.
11:10:15 I HAVE SAT UP THERE AND HAD DINNER.
11:10:18 AT LEAST FROM DISCUSSION WITH MY CLIENT, THAT WAS
11:10:21 STANDARD.
11:10:21 IT WAS JUST ANOTHER PLACE WHERE PEOPLE COULD SIT AND AS
11:10:24 IF THEY WERE IN THE RESTAURANT.
11:10:26 BUT I WANTED TO ADDRESS THE ALCOHOL ISSUE FIRST, AND I
11:10:31 THINK THAT IS AN IMPORTANT ISSUE.
11:10:33 AND THEN WHAT DID MOLEY ABUELA DO ONCE I HAD ANY CONTACT
11:10:39 WHICH WOULD HAVE BEEN AROUND THE END OF MAY, EARLY JUNE,
11:10:41 WAS THEY STOPPED SELLING ALCOHOL ON THE ROOFTOP
11:10:44 IMMEDIATELY.
11:10:45 AND THEN PROBABLY A WEEK AND A HALF LATER THEY SIMPLY
11:10:48 CLOSED TO TRY TO FIGURE OUT WHAT TO DO WITH THE COVID.
11:10:51 AND AT LEAST MY DISCUSSIONS WITH THE CLIENT WITHOUT
11:10:53 GETTING INTO ANY GREAT DETAIL, ATTORNEY-CLIENT PRIVILEGE,
11:10:58 THE CLIENT WAS CONFUSED AS TO THE COVID GUIDELINES, AND
11:11:02 WHETHER OR NOT THAT WAS AN ENFORCEABLE LAW.
11:11:05 DESPITE BEING TOLD APPARENTLY REPEATEDLY BY LAW
11:11:07 ENFORCEMENT THAT AT LEAST WAS THE DISCUSSIONS I HAD EARLY
11:11:10 ON, AND MOLEY ABUELA DECIDED TO CLOSE TO DECIDE WHAT TO
11:11:16 DO, HOW TO BECOME COVID COMPLIANT, AND OTHERWISE MOVING
11:11:20 FORWARD.
11:11:21 AND THEY MADE THAT DECISION EARLY ON BEFORE IT NEEDED TO
11:11:25 CLOSE.
11:11:25 IT CHOSE TO CLOSE.
11:11:27 AND AT LEAST AS FAR AS THE ROOFTOP, THAT THE COUNCIL HAS
11:11:34 HEARD THE LIEUTENANT HAD NO PERSONAL KNOWLEDGE OF ANY
11:11:38 SORT OF WRONGDOING.
11:11:39 HE MERELY LOOKED OVER, SAW THE REPORTS AND COMPILING
11:11:42 THEM.
11:11:42 AND I DO UNDERSTAND THIS IS QUASI-JUDICIAL IN NATURE.
11:11:45 IT'S NOT THE STRICT REQUIREMENTS OF STANDARD RULES OF
11:11:50 EVIDENCE.
11:11:50 BUT AGAIN, THIS IS SOMETHING IMPORTANT ENOUGH THAT COULD
11:11:53 INVOLVE THE SUSPENSION OR REVOCATION OF A LICENSE, AND
11:11:56 THE LOSS OF SOME 77, 78 EMPLOYEES, AND A BUSINESS ALREADY
11:12:03 HAVING PROBLEMS, LIVE TESTIMONY OF PERSONAL KNOWLEDGE
11:12:07 WOULD SEEM TO BE IMPORTANT.
11:12:09 AND WHAT THE COUNCIL DID HERE WAS THE CRIME PREVENTION
11:12:12 OFFICER TESTIFIED THAT HIS FIRST DEALINGS WITH ANY SORT
11:12:18 OF PROBLEMS WAS ON THE 23rd OF MAY, AND IT EXTENDED
11:12:22 UNTIL THE 29th OF MAY.
11:12:24 AND THAT IT WAS SOME OVERCROWDING, SOME LOUD MUSIC, BUT
11:12:29 THERE WERE NO ARRESTS, THERE WERE NO CHARGES, THERE WERE
11:12:32 NO TICKETS.
11:12:34 AND THEN THE NEXT STEP WAS WHAT DID MOLE Y ABUELA DO TO
11:12:40 ADDRESS THE PROBLEMS?
11:12:41 AND YOU HEARD MS. JOHNSON-VELEZ TALK ABOUT -- SORRY, I
11:12:47 SEE A HAND UP.
11:12:48 >>JOHN DINGFELDER: I WAS GOING TO LET YOU FINISH BUT I
11:12:50 DID HAVE A QUESTION.
11:12:51 >> I AM NOT A FAN OF KEEPING TALKING IF SOMEONE NEED TO
11:12:54 ASK ME A QUESTION.
11:12:55 >>JOHN DINGFELDER: QUASI-JUDICIAL, NOT JUDICIAL.
11:13:00 AND HAVE YOU BEEN GIVEN A COPY OF THIS NOTEBOOK, OR --
11:13:05 >> I HAVE NOT.
11:13:05 >>JOHN DINGFELDER: OKAY.
11:13:06 HAVE YOU BEEN PROVIDED WITH WHAT'S UNDER TAB 10 THAT MS.
11:13:10 JOHNSON-VELEZ PROVIDED TO US WHICH IS APPEARS TO BE
11:13:14 PERHAPS MAYBE 100 PAGES OF POLICE REPORTS?
11:13:18 >> I HAVE NOT.
11:13:19 >>GUIDO MANISCALCO: COUNCILMAN --
11:13:34 >>JOHN DINGFELDER: MS. JOHNSON-VELEZ, IS THAT SOMETHING
11:13:37 THAT HAD BEEN MADE AVAILABLE TO COUNCIL COUNSEL?
11:13:40 I MEAN OBVIOUSLY IT'S THE BASIS -- THE EVIDENTIARY BASIS
11:13:43 FOR WHAT WE ARE TALKING ABOUT.
11:13:45 >>SUSAN JOHNSON-VELEZ: RIGHT.
11:13:48 IT WAS UPLOADED, IT'S PART OF THE RECORD FOR THIS AGENDA
11:13:51 ITEM AND FOR THIS HEARING.
11:13:53 >>JOHN DINGFELDER: RIGHT.
11:13:56 SO COUNSEL SAYS HE HASN'T SEEN THIS.
11:14:00 DID YOU OFFER IT TO THEM TO HIS FIRM AT ANY TIME, OR -- I
11:14:05 AM JUST TRYING TO FIGURE OUT.
11:14:07 IT'S AN UNUSUAL PROCESS WE ARE IN.
11:14:09 >>SUSAN JOHNSON-VELEZ: RIGHT, RIGHT, RIGHT, EXACTLY.
11:14:12 >>JOHN DINGFELDER: NO DISCOVERY OR ANYTHING LIKE THAT.
11:14:14 >>SUSAN JOHNSON-VELEZ: EXACTLY.
11:14:15 SO IT WAS UPLOADED SIMILAR TO WHAT WE DO IN
11:14:18 QUASI-JUDICIAL, IN THE USUALLY QUASI-JUDICIAL REALM.
11:14:21 >>JOHN DINGFELDER: SO IT WAS PART OF OUR CITY SIRE
11:14:28 PROGRAM THAT'S UPLOADED INTO THE CLERK'S SYSTEM?
11:14:31 >>SUSAN JOHNSON-VELEZ: CORRECT.
11:14:32 >>MARTIN SHELBY: I JUST WANT TO LET YOU KNOW THAT I DID
11:14:36 CONFIRM DURING THIS HEARING THAT THAT PACKET WAS IN FACT
11:14:40 UPLOADED.
11:14:41 THE BINDER HAS BEEN UPLOADED TO SIRE.
11:14:44 AND I WAS GOING TO SUGGEST THAT COUNCIL DURING THIS
11:14:50 HEARING MAKE A MOTION TO RECEIVE AND FILE THAT TO MAKE
11:14:53 THAT PART OF THE RECORD UPON WHICH YOU CAN BASE YOUR
11:14:57 DECISION.
11:14:57 I DON'T KNOW WHETHER -- THIS IS NOT COURT, OBVIOUSLY, AND
11:15:01 I DON'T KNOW WHETHER COUNCIL -- HAVE YOU BEEN IN CONTACT
11:15:04 WITH THE CITY TO GET THE INFORMATION, THE BACKGROUND
11:15:08 MATERIAL, BESIDE HAVING PUBLIC ACCESS TO REVIEW IT
11:15:13 ONLINE?
11:15:14 >> NO.
11:15:16 I HAD REPEATED CONTACT, IN FACT FROM THE VERY BEGINNING
11:15:19 OF THIS, I WAS IN CONTACT WITH MS. WELLS, ACTUALLY COME
11:15:22 FROM MY OFFICE OVER TO THE CITY OF TAMPA, AND WE WORKED
11:15:26 OUT A STIPULATION.
11:15:27 THE ONLY THING LEFT WAS THE STIPULATION SAYS THERE WOULD
11:15:31 BE NO PENALTIES, WE WOULD AGREE TO FOLLOW ALL COVID
11:15:34 PROTOCOLS AND EVERYTHING GIVEN THAT MR. BISCANTE AND HIS
11:15:43 BUSINESS PARTNERS WERE REMOVED ENTIRELY, AND MANAGERS AND
11:15:48 AT A GREAT EXPENSE HAVE BEEN KICKED OUT OF THE
11:15:50 ORGANIZATION IN THEIR ENTIRETY, AND WE CAME DOWN TO WHAT
11:15:52 TO DO WITH THE ROOFTOP, COULDN'T DECIDE ON IT, AND THEN
11:15:55 MS. JOHNSON-VELEZ STEPPED IN, AND I HAVE BEEN IN REPEATED
11:15:58 CONTACT WITH HER AS WELL.
11:16:00 BUT AT NO TIME WAS THERE ANY DISCUSSIONS THAT THERE WOULD
11:16:03 BE A BINDER, ESPECIALLY SOME SORT OF A SUMMARY OF POLICE
11:16:07 REPORTS OR THE LIKE THAT WOULD GO INTO EVIDENCE.
11:16:10 NOW, IN FAIRNESS, I DIDN'T ASK HER WHAT EVIDENCE SHE
11:16:13 INTENDED TO PRODUCE AS PART OF THIS.
11:16:16 IT WAS NEVER ADDRESSED ONE WAY OR THE OTHER.
11:16:19 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA.
11:16:24 >>CHARLIE MIRANDA: THANK YOU.
11:16:26 COUNSELOR, I WOULD JUST LIKE TO ASK A COUPLE OF QUESTIONS
11:16:29 REGARDING YOU AND YOUR CLIENT.
11:16:30 HOW LONG HAVE YOU BEEN ATTORNEY FOR THAT CLIENT?
11:16:32 >> I HAVE BEEN THE ATTORNEY FOR FRANKLIN MANOR BACK WHEN
11:16:39 FRANKLIN MANOR WAS SUED ON THE NUISANCE MANNER AND I HAD
11:16:45 AN INTERESTING AFTERNOON TO GO OVER SOME OF THOSE ISSUES,
11:16:48 AND IT WAS RIGHT AROUND THAT TIME THAT THERE WERE SOME OF
11:16:51 THE SAME OWNERS, SOME OF THE SAME OPERATORS.
11:16:54 SO IT WAS SOMEWHERE IN THAT TIME, I STARTED HANDLING SOME
11:16:59 MATTERS, BUT IT WASN'T UNTIL THIS DEALING, THE END OF
11:17:04 MAY, EARLY JUNE WHEN I WAS CONTACTED, WE WENT THROUGH THE
11:17:08 PROBLEM OF FRANKLIN MANOR, CAN YOU HELP WITH US MOLE Y
11:17:14 ABUELA?
11:17:15 >> I HAVE TO MAKE THE SUMS THAT THEY CALLED YOU AND THE
11:17:18 POLICE CALLED THEM?
11:17:20 >> I DON'T KNOW THE TIME FRAME OF WHEN THEY CONTACTED ME.
11:17:23 AT LEAST I CAN TELL YOU IT WAS THE END OF MAY SO
11:17:26 CERTAINLY POST POLICE CONTACT.
11:17:28 >>CHARLIE MIRANDA: BUT YOU WERE AWARE THERE WAS
11:17:30 SOMETHING GOING ON WITH YOUR CLIENT AND TPD?
11:17:32 >> YES.
11:17:33 >>CHARLIE MIRANDA: AND AS TIME GOES ON, THEY DIDN'T EVER
11:17:38 TELL YOU THAT THE CITY WAS LOOKING INTO ROVE REVOCATION
11:17:41 OF THE LICENSE FOR SOME PERIOD OF TIME?
11:17:43 >> THEY SHARED WITH ME THE NOTICE OR AT LEAST THEY SHARED
11:17:47 WITH ME SOME OF THE DOCUMENTATION, AND THEN MS. WELLS
11:17:51 FROM THE CITY OF TAMPA PRESENTED ADDITIONAL COPIES OF THE
11:17:54 NOTICES, AND I THINK MS. JOHNSON-VELEZ DID AS WELL.
11:17:58 >>CHARLIE MIRANDA: DID YOU EVER CALL THE POLICE
11:17:59 DEPARTMENT AND GET A RECORD OF WHAT HAPPENED?
11:18:01 >> I DID NOT.
11:18:01 >>CHARLIE MIRANDA: THANK YOU VERY MUCH.
11:18:03 >>GUIDO MANISCALCO: COUNCILMAN CITRO.
11:18:05 >>JOSEPH CITRO: DID YOUR EMPLOYEES EVER TELL YOU ABOUT
11:18:10 HOW MANY TIMES EITHER TPD OR FIRE RESCUE CAME IN?
11:18:13 WAS IT REPORTED WEEKLY, MONTHLY BRIEFINGS?
11:18:17 HEY, BOSS, WE HAVE A PROBLEM?
11:18:20 >> IT WAS MY UNDERSTANDING THAT IT WAS RIGHT THAT LAST
11:18:23 WEEK OR SO OF MAY IS WHEN I THINK I AGREE WITH THE CRIME
11:18:28 PREVENTION OFFICER THAT IT WAS RIGHT AROUND THAT LAST
11:18:31 WEEK OR SO IS WHEN THERE WERE PRETTY CONSTANT
11:18:34 INSPECTIONS, AND THAT'S WHEN THINGS SEEMED TO BE REALLY
11:18:37 BOILING OVER, AND I BELIEVE I WAS SOUGHT FOR ADVICE
11:18:41 CONCERNING, WELL, WHAT IS THE EFFECT OF THIS EXECUTIVE
11:18:45 ORDER, IT'S CALLED COVID GUIDELINES, WHAT ARE THE EFFECTS
11:18:49 OF THESE THINGS?
11:18:50 AND AT THAT POINT THERE WERE DISCUSSIONS.
11:18:53 AND REALLY THIS WAS A BUSINESS THAT WAS REALLY BEING
11:18:55 OPERATED MORE SO ON WEEKEND THAN IT WAS DURING THE WEEK,
11:18:58 SO IT WASN'T LIKE THE DAILY MEETING TYPE SITUATION WHEN I
11:19:02 GOT INVOLVED.
11:19:03 IT WAS ONE I THINK SOME OF THE MANAGERS WHO HAVE SINCE
11:19:06 BEEN OUSTED WERE DISCUSSING WHAT TO DO NEXT, WHAT'S GOING
11:19:12 ON IN THE NEXT -- HOW TO DEAL WITH WHETHER THERE ARE
11:19:16 VIOLATION, WHAT THEY COULD DO MOVING FORWARD, WHAT'S
11:19:18 PERMISSIBLE.
11:19:19 SO I ANSWERED YOUR QUESTION BUT I DON'T THINK THERE WERE
11:19:23 DAILY BRIEFINGS BUT I BELIEVE THE MANAGERS AT THE TIME
11:19:26 WERE TALKING OFF AND ON WHAT TO DO, AS THIS WAS FAIRLY
11:19:29 UNCHARTERED TERRITORY.
11:19:30 >>JOSEPH CITRO: SO YOU ARE SAYING THAT MANAGEMENT AND
11:19:34 OWNERSHIP WAS AWARE THERE WAS OFFICERS AND FIRE RESCUE
11:19:38 COMING IN?
11:19:39 >> CERTAINLY.
11:19:39 I THINK BY THAT LAST WEEK OR SO OF MAY IS WHEN THERE WERE
11:19:44 REPEATED CONTACT WITH LAW ENFORCEMENT AND THE FIRE
11:19:47 MARSHALS, AND THEN I WAS CONTACTED, I GUESS, RIGHT NEAR
11:19:50 THE END OF THAT WEEK OR SO, AND THEN THE FOLLOWING WEEK,
11:19:53 I BELIEVE, IS WHEN MOLE SHUT DOWN, STOPPED SELLING
11:19:56 ALCOHOL, AND TRIED TO GO INTERNALLY TO ADDRESS THE
11:20:00 ISSUES, AS WELL AS PRIMARILY MANAGEMENT.
11:20:04 >>JOSEPH CITRO: ONE MORE QUESTION, MR. CHAIR.
11:20:06 WAS IT EVER BROUGHT TO THE MANAGEMENT OR OWNER'S
11:20:10 ATTENTION THAT THERE WERE COMPLAINTS COMING FROM
11:20:12 SURROUNDING NEIGHBORS?
11:20:13 >> YES.
11:20:13 YES.
11:20:14 >>JOSEPH CITRO: HOW LONG HAD THOSE COMPLAINTS BEEN GOING
11:20:16 ON THAT YOU ARE AWARE OF?
11:20:18 >> I AM AWARE THAT THERE WERE NO PROBLEMS WITH THIS
11:20:21 LOCATION AT ALL UNTIL THE BEGINNING OF MAY, THAT THERE
11:20:27 WERE SOME ISSUES WITH SOME NOISE, AND THEN IT REALLY
11:20:31 BOILED OVER BY THE END OF MAY.
11:20:33 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
11:20:35 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
11:20:36 >>JOHN DINGFELDER: YOU ARE MR. KOENIG, CORRECT?
11:20:44 >> YES.
11:20:45 >>JOHN DINGFELDER: I AM LOOKING AT AN E-MAIL FROM YOU TO
11:20:49 OUR CHAIRMAN, COPIED TO MS. JOHNSON-VELEZ, MR. SHELBY,
11:20:56 DATED OCTOBER 15th, REGARDING THE OCTOBER 22ND
11:21:01 HEARING, AND IT SAYS PLEASE BE ADVISED THAT THIS FIRM
11:21:05 REPRESENTS MYA TAMPA AND MOLE Y ABUELA WITH RESPECT TO A
11:21:13 QUASI-JUDICIAL HEARING VIRTUAL, GIVEN THE SERIOUSNESS OF
11:21:17 THE ACCUSATIONS COUPLED WITH THE NEED TO PROVIDE A
11:21:20 VARIETY OF DOCUMENTS IN DEFENSE OF SAME MY CLIENT DOES
11:21:24 NOT CONSENT TO THE VIRTUAL HEARING, ET CETERA.
11:21:26 I FIND THAT INTERESTING.
11:21:27 AND I THINK WE NEED TO KIND OF CUT TO THE CHASE.
11:21:30 YOU HAVE HEARD TESTIMONY.
11:21:32 YOU HAVE HEARD MRS. JOHNSON-VELEZ MAKING A CASE ON BEHALF
11:21:36 OF THE CITY.
11:21:36 YOU HEARD TESTIMONY FROM THE OFFICERS AND FROM THE FIRE
11:21:40 DEPARTMENT.
11:21:41 I WOULD SAY EVEN THOUGH IT'S QUASI-JUDICIAL, IT'S A
11:21:45 LITTLE MORE FORMAL THAN MOST OF WHAT WE DO.
11:21:47 YOU PROBABLY HAVE AN OPPORTUNITY TO CROSS-EXAMINE, IF YOU
11:21:50 BELIEVE -- IF YOU DISPUTE WHAT THESE OFFICERS HAVE TO
11:21:53 SAY.
11:21:54 I THINK THAT'S A RIGHT THAT YOU COULD TAKE ADVANTAGE OF.
11:21:58 THAT'S UP TO MR. CHAIRMAN.
11:21:59 ADDITIONALLY, YOU POINT OUT THAT YOU HAVE DEFENSES, AND
11:22:03 YOU HAVE A VARIETY OF DOCUMENTS.
11:22:06 IN SUPPORT OF YOUR DEFENSE.
11:22:08 I HAVEN'T HEARD OR SEEN EITHER.
11:22:10 AND I AM TRYING TO BE AS RESPECTFUL AS POSSIBLE BUT IT'S
11:22:13 GETTING LATE IN THE EVENING, AND I THINK WE NEED TO MOVE
11:22:16 THIS ALONG.
11:22:16 BUT THE ONLY DEFENSE I HAVE HEARD SO FAR IS THE DEFENSE
11:22:19 OF IGNORANCE IN TERMS OF YOUR CLIENT, THEY PURCHASED IT
11:22:23 FROM A PRIOR OWNER, THE FLY, THEY DIDN'T NOBODY WHAT THEY
11:22:26 WERE GETTING, THAT SORT OF THING, OKAY?
11:22:29 IF THAT'S THE DEFENSE, WE CAN EVALUATE THAT.
11:22:32 IS THERE ANY OTHER DEFENSE?
11:22:33 AND DO YOU HAVE DOCUMENT IN SUPPORT?
11:22:35 AND DO YOU WANT TO CROSS-EXAMINE?
11:22:37 >> I'LL TRY TO WORK THAT BACK IN REVERSE ORDER.
11:22:41 AND THANK YOU.
11:22:41 AS FAR AS THE CROSS-EXAMINATIONS, I AGREE, I THINK I HAVE
11:22:44 A RIGHT TO CROSS-EXAMINE THE WITNESSES.
11:22:46 I HAVE NOTHING TO CROSS-EXAMINE THEM ON.
11:22:48 THE FIRST WITNESS HAD NO PERSONAL KNOWLEDGE AT ALL AS FAR
11:22:51 AS THE TPD OFFICER OF ANY WRONGDOINGS EVEN THOUGH HE
11:22:55 LOOKED OVER WHAT OTHER PEOPLE HAD DONE AND NEVER BEEN TO
11:22:58 THE PLACE.
11:23:00 THE OTHER OFFICER DISCUSSED SOME OF HIS DEALINGS IN A
11:23:03 SHORT WEEK WHEREBY NO CHARGES WERE FILED, NO ARRESTS WERE
11:23:06 MADE, AND NO TICKETS WERE WRITTEN, A CEASE AND DESIST
11:23:10 ORDER WAS PROVIDED TO THE ORGANIZATION, AND THAT WAS IT.
11:23:13 SO AS FAR AS CROSS-EXAMINATIONS ARE CONCERNED, ANYTHING I
11:23:18 NEEDED TO CROSS-EXAMINE I WOULD HAVE.
11:23:20 IN ADDITION TO THAT AS FAR AS DOCUMENTATION WAS CONCERNED
11:23:23 IS WE HAD THE ENTIRE FILE FOR THE WET ZONING
11:23:28 APPLICATIONS, AND THAT ORIGINALLY AT LEAST AS FAR AS
11:23:32 STRATEGY WAS GOING TO BE IS TO GO OVER EVERY ONE OF THOSE
11:23:35 DOCUMENT, AND MS. DOCK OR WHOEVER THE REPRESENTATIVE
11:23:38 WOULD BE FOR ZONING, AND LICENSING FOR EACH AND EVERY
11:23:42 ONE.
11:23:43 SO AS FAR AS WHETHER WE HAD MORE DOCUMENTS THAN OR LESS
11:23:47 DOCUMENTS NOW DOESN'T MAKE A DIFFERENCE, THAT THE
11:23:51 STRATEGY AS WE HAVE MOVED FORWARD HAS BEEN LESS OF ONE TO
11:23:54 CHALLENGE ANY OF THE ISSUES, RATHER ONE OF LOOKING AT THE
11:23:58 FACTORS THAT THE COUNCIL IS TO CONSIDER IN RENDERING ANY
11:24:03 SORT OF PUNISHMENT, AND THAT IS THE SEVERITY OF THE
11:24:08 VIOLATIONS WHICH WE HAVE TALKED ABOUT THOSE, THAT THERE
11:24:11 HAVE BEEN NO TICKETS WRITTEN, THERE'S SOME OTHER
11:24:14 BUSINESSES HAVE BEEN SIMILAR, ALBEIT MAYBE NOT AS
11:24:18 PREVALENT AS OTHERS, WHAT HAS MOLE DONE SINCE THE
11:24:23 VIOLATIONS?
11:24:24 IT SHUT DOWN BUSINESS AT GREAT EXPENSE AND RESOURCES, IT
11:24:28 GOT RID OF THE PROBLEM.
11:24:29 IT GOT RID OF THE TWO INDIVIDUALS WHO HAD A SUBSTANTIAL
11:24:34 OWNERSHIP STAKE AND WERE THE NAMED MANAGERS OF THE
11:24:38 RESTAURANT THAT COULDN'T BE EASILY REVOKED.
11:24:40 IT WAS ALL REMOVED.
11:24:41 THEY WERE REMOVED.
11:24:43 AND THERE HAVE BEEN NO PROBLEMS, THERE'S BEEN NO
11:24:45 TESTIMONY EVEN ON REPORTS, A SINGLE PROBLEM SINCE THE END
11:24:51 OF MAY.
11:24:52 NOR WILL THERE BE IN THE FUTURE.
11:24:55 THIS COMPANY UNDERSTANDS IT'S UNDER THE MICROSCOPE AT
11:24:58 THIS POINT AND MOVING FORWARD.
11:24:59 IT'S DEALING WITH COVID PROBLEMS THE SAME AS ALL THE
11:25:02 OTHER RESTAURANTS.
11:25:02 THE EMPLOYEES CAN'T GO OVER TO OTHER RESTAURANTS AND --
11:25:06 >>JOHN DINGFELDER: CAN I INTERRUPT YOU ONE MORE SECOND?
11:25:08 DIABETES YOU BRING ANY OF YOUR CLIENTS HERE TO TESTIFY AS
11:25:12 TO THAT?
11:25:12 IT'S ALL FINE AND GOOD.
11:25:14 YOU SEEM LIKE A GREAT YOUNG MAN AND A BRIGHT ATTORNEY.
11:25:18 AND I KNOW YOUR FIRM WELL.
11:25:20 BUT DO YOU HAVE ANYBODY HERE TO TESTIFY TO GIVE US THOSE
11:25:23 KIND OF ASSURANCES?
11:25:24 >> NO, YOUR HONOR BECAUSE -- SORRY, COUNCILMAN.
11:25:31 THOSE TYPES OF PLATITUDES AND PROMISES AREN'T GOING TO
11:25:36 GET US ANYWHERE.
11:25:38 RATHER, IT IS WHAT HAS BEEN DONE, WHAT KIND OF COMPLAINTS
11:25:42 HAVE OCCURRED SINCE THE END OF MAY, AND THE ANSWER IS
11:25:45 NONE.
11:25:46 WE APPLIED FOR THE PROPER LICENSING AND MOVING FORWARD.
11:25:51 >>ORLANDO GUDES: MR. CHAIRMAN.
11:25:55 >>GUIDO MANISCALCO: COUNCILMAN.
11:25:56 >>ORLANDO GUDES: GUDES I GUESS FOR ME THAT'S MY PROBLEM.
11:25:59 THE ISSUE OF THE ATTORNEY OF RECORD THAT IS HERE.
11:26:01 BUT WE ARE TALKING ABOUT IF I AM A BUSINESS AND I'M THE
11:26:05 OWNER OF A BUSINESS, MY BUSINESS IS AT STAKE, AND MY
11:26:08 BUSINESS IS CLOSED, I CAN'T MAKE ANY MONEY.
11:26:11 EMPLOYEES CAN'T MAKE ANY MONEY EITHER.
11:26:13 SO FOR YOU TO BE HERE AND NOT HAVE THE OWNERS, OBVIOUSLY
11:26:19 THIS IS AN OWNER ISSUE THAT NO ONE WAS COMPLYING BECAUSE
11:26:23 THERE WAS BAD OWNERSHIP, WHATEVER, BUT NO ONE WHO IS
11:26:27 GOING TO BE IN CHARGE OR OWNERS OR THE SPLIT OWNERS OR
11:26:31 THE NEW OWNERS ARE HERE TO SAY, WE ARE GOING TO MAKE SURE
11:26:34 THAT THESE THINGS DON'T HAPPEN GOING FORWARD, THAT WE
11:26:36 HAVE PROTOCOLS AND STANDARDS AND SOPs IN PLACE NOW.
11:26:42 I GUESS THAT'S THE PROBLEM I AM HAVING.
11:26:44 AS YOU RECALL THE FIRST THING I ASKED WHEN YOU CAME UP,
11:26:46 ARE YOU REPRESENTING THE OWNERS OR ANYBODY ELSE HERE TO
11:26:50 TALK ABOUT -- BECAUSE YOU MADE A STATEMENT GOING FORWARD.
11:26:54 SO I CAN HEAR WHAT YOU SAY.
11:26:56 BUT YOU ARE JUST A PAID PERSON TO TALK FOR THE OWNERS.
11:27:00 SO THAT'S WHAT I LOOK AT, BECAUSE YOU ARE NOT GOING TO BE
11:27:05 THERE.
11:27:06 IT'S THE OWNERS' BUSINESS AND THEY ARE GOING TO BE HIRING
11:27:09 MANAGERS OR WHATEVER.
11:27:10 SO WHAT CHANCE DO I HAVE THAT THEY ARE GOING TO HIRE
11:27:13 PEOPLE HAVE EXPERIENCE OF RUNNING BARS OR RUNNING A CLUB
11:27:17 OR ALCOHOL OR WHATEVER?
11:27:18 I JUST HEAR FROM YOU.
11:27:20 SO THAT'S KIND OF THE PROBLEM I HAVE AT THIS POINT, THAT
11:27:24 I HAVE GOT NO ASSURANCES, I DON'T KNOW WHAT'S GOING TO BE
11:27:27 HAPPENING TO THAT PLACE DOWN THERE.
11:27:29 I JUST HAVE YOU TRYING TO TALK FOR THE OWNERS, BUT YET
11:27:32 IT'S THEIR BUSINESS, NOT YOURS.
11:27:36 >> ERIC KOENIG: IF THAT IS AN IMPORTANT ENOUGH ISSUE --
11:27:40 AND AGAIN THE OWNERSHIP DOESN'T KNOW WHAT IT'S GOING TO
11:27:43 DO WITH THE BUSINESS.
11:27:44 IF WE WEREN'T IN COVID, IT MIGHT BE DIFFERENT TO SAY
11:27:47 WELL, HERE IS OUR LONG-TERM PLAN.
11:27:49 RIGHT NOW THE OWNERSHIP MAY SELL.
11:27:51 IT MAY TRY TO KEEP THIS THING LIMPING ALONG AS BEST IT
11:27:54 CAN.
11:27:54 IT DOESN'T KNOW.
11:27:56 QUITE HONESTLY AND CANDIDLY THAT'S THE REASON THERE'S NOT
11:27:59 AN OWNER REPRESENTATIVE HERE WHO CAN COME IN AND SAY, I'M
11:28:02 SORRY, I DON'T KNOW WHAT WE ARE GOING TO DO WITH COVID,
11:28:04 WE MAY SELL IT NEXT WEEK.
11:28:06 WE DON'T KNOW WHAT WE ARE GOING TO DO.
11:28:09 >>ORLANDO GUDES: BUT YOU ARE APPLYING FOR PERMITS,
11:28:11 CORRECT?
11:28:12 >> WE ARE TRYING TO FIX THE PROBLEM OF THE ROOFTOP
11:28:14 ZONING.
11:28:15 I'M SORRY, THE ROOFTOP LICENSING.
11:28:17 THAT'S THE PURPOSE OF THE NEW SPECIAL USE PERMIT.
11:28:19 IT ISN'T TO OTHERWISE GET BRAND NEW LICENSING TO CARRY.
11:28:25 IT'S TO FIX THE PROBLEM.
11:28:27 AND IF IT IS A LARGE ENOUGH ISSUE THAT THE COUNCIL SAYS,
11:28:32 LOOK, WE REALLY WANT TO HEAR FROM OWNERSHIP, EVEN IF HE
11:28:37 DOESN'T KNOW WHAT HE'S GOING TO DO WITH IT, I WOULD
11:28:39 RESPECTFULLY REQUEST A CONTINUANCE TO THE NEXT AVAILABLE
11:28:41 DATE, AND I WILL HAVE SOMEONE HERE TO SAY, LOOK, HERE IS
11:28:45 MY PLAN, HERE IS WHAT I AM DOING, BUT AT LEAST BACK AT
11:28:48 THAT FIRST HEARING WE DIDN'T KNOW.
11:28:50 AND I DON'T WANT TO GO IN AND SAY, I DON'T KNOW WHAT I AM
11:28:53 GOING TO DO AND I CAN'T PROMISE YOU SOMETHING IF I STILL
11:28:55 DON'T KNOW WHAT THE LONG-TERM PLAN OF THIS PROPERTY IS
11:28:58 WITH COVID.
11:28:59 AND EVEN IF IT DOES EVERYTHING PERFECTLY IT'S GOING TO
11:29:02 SURVIVE THIS IRRESPECTIVE OF A SUSPENSION OR OTHER
11:29:07 PENALTY.
11:29:07 >>ORLANDO GUDES: THAT'S THE PROBLEM FOR ME, NOT HAVING
11:29:11 OWNERSHIP TO SAY ANYTHING FOR HIRING THEIR ATTORNEY, BUT
11:29:16 YET ATTORNEYS COME AND GO, AND YOU CAN TELL ME ONE THING
11:29:19 BUT HAVEN'T HEARD FROM THE BUSINESS OWNERS WHO ACTUALLY
11:29:21 OWN THE LICENSE WHO IS GOING TO RUN THE BAR OR THE
11:29:25 RESTAURANT OR WHATEVER THEY ARE RUNNING.
11:29:26 >>GUIDO MANISCALCO: COUNCILMAN.
11:29:28 >>CHARLIE MIRANDA: MIRANDA FROM WHAT I AM HEARING,
11:29:30 COUNSELOR, IT'S NOT THIS GOVERNMENT OR ANY GOVERNMENT OR
11:29:33 ANY ENTITY THAT REGULATES ALCOHOL ZONINGS, TO SOME
11:29:39 DEGREE, TO BE THE ONE RESPONSIBLE TO SEE THAT THE
11:29:42 EMPLOYEES UNDERSTAND THE LAWS REGULATING WHATEVER LICENSE
11:29:47 THEY HAVE, COMPLETE LICENSE OR WHAT FLOOR OR WHAT.
11:29:51 THAT'S NOT OUR BURDEN.
11:29:53 THE BURDEN IS ON THE PERSON WHO BOUGHT, YOUR CLIENT IS
11:29:57 THE ONE WHO GOT THE BURDEN, NOT US.
11:29:59 WE ARE TRYING TO TALK LIKE WE HAVE THE BURDEN.
11:30:01 NO, NO, NO, THE BURDEN IS ON YOUR CLIENT AT THE TIME THEY
11:30:05 PURCHASED SOMETHING TO KNOW WHAT THEY PURCHASED.
11:30:07 IT'S UP TO THE BURDEN OF YOUR CLIENT TO UNDERSTAND WHAT
11:30:11 KIND OF LICENSE THEY HAVE, WHETHER TO SERVE OR NOT TO
11:30:13 SERVE, NOT MINE.
11:30:14 THEY ARE THE ONES THAT MADE THE DEAL, NOT US.
11:30:16 THEY ARE THE ONES EITHER MADE THE DEAL AND MADE A GOOD
11:30:19 DEAL OR BAD DEAL, OR THEY ARE THE ONES THAT MADE THE DEAL
11:30:22 NOT KNOWING WHAT THEY MADE.
11:30:25 SO THE BURDEN OF PROOF, I DON'T FEEL WE HAVE TO PROVE
11:30:31 ANYTHING.
11:30:31 YOU ARE THE ONE THAT REPRESENTS THE PROOF THAT THEY HAVE
11:30:34 TO APPLY TO THEIR EMPLOYEES ON WHAT TO DO OR NOT TO DO
11:30:37 WITH THE LIQUOR LICENSE, NOT US.
11:30:39 >> I AGREE.
11:30:41 >>CHARLIE MIRANDA: THANK YOU.
11:30:42 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN.
11:30:45 MARTIN SHELBY HERE.
11:30:46 >>GUIDO MANISCALCO: YES, SIR.
11:30:47 >>MARTIN SHELBY: MS. JOHNSON-VELEZ HAS SOMETHING TO SAY
11:30:52 HE WILL.
11:30:53 >>SUSAN JOHNSON-VELEZ: JUST WITH RESPECT TO THE
11:30:54 OFFICERS, MR. KOENIG SUGGESTING DOESN'T HAVE PERSONAL
11:30:59 KNOWLEDGE, I BELIEVE THERE WERE 19 SURROUNDING NEIGHBORS
11:31:01 WHO HAD SIGNED UP TO SPEAK TO THIS ITEM, AND THEY MIGHT
11:31:05 PROVIDE SOME OF THAT.
11:31:08 >>GUIDO MANISCALCO: BEFORE WE GO TO THE REGISTERED
11:31:11 SPEAKERS, MY PROBLEM IS THIS.
11:31:13 WE HAD A STAY AT HOME ORDER FROM THE GOVERNOR, FROM THE
11:31:18 MUNICIPALITY.
11:31:20 BUSINESSES SHUT DOWN FOR 30 DAYS, WHATEVER IT WAS,
11:31:23 RESTAURANTS COULDN'T SERVE, BARS COULDN'T SERVE, NIGHT
11:31:25 CLUBS WEREN'T OPEN.
11:31:26 AND THEN MAY COMES ALONG, AND THE STATE IS REOPENING IN
11:31:30 PHASES, 25% CAPACITY AT RESTAURANTS, 50% CAPACITY.
11:31:33 I DON'T REMEMBER THE SCHEDULE.
11:31:35 BUT ON SOCIAL MEDIA, A VIDEO APPEARS OF I THINK IT WAS
11:31:41 MOLE Y ABUELA PACKED AS HAS BEEN STATED AND THE
11:31:50 RECOLLECTIONS HERE BY THE INDIVIDUALS.
11:31:54 THE PHOTOGRAPHS THAT WE SAW, CROWD OUTSIDE, IT WAS A
11:31:58 REGULAR THURSDAY NIGHT, YOU KNOW, COLLEGE PARTY.
11:32:02 EVERYONE ELSE KNEW, NOT EVERYONE ELSE BECAUSE THE PEOPLE
11:32:06 IN VIOLATION, BUT PEOPLE KNEW THERE WERE RULES, PEOPLE
11:32:09 KNEW WE WERE OPENING IN PHASES, PEOPLE KNEW THAT THE
11:32:12 GOVERNORS ORDERS WERE GOING LITTLE BY LITTLE.
11:32:15 YET, THIS RESTAURANT WAS IN BLATANT VIOLATION, KNOWING --
11:32:22 I THINK BACK TO FRANKLIN MANOR WHEN THEY WERE ISSUES ON
11:32:26 NOISE AND WHATNOT AND SOME OF THE ATTITUDE OF PEOPLE THAT
11:32:28 ARE NO LONGER AFFILIATED WITH THE COMPANY, AND IT WAS --
11:32:33 I AM NOT GOING TO REPEAT BECAUSE IT WAS JUST FOUL LONG
11:32:37 LANGUAGE, BAD ATTITUDE, BUT I THINK IT WAS EASIER TO ASK
11:32:41 FOR FORGIVENESS THAN ASK FOR PERMISSION.
11:32:43 THAT'S ONE THING.
11:32:44 BUT THIS WAS JUST THEY FELT LIKE DOING WHATEVER THEY
11:32:46 WANTED TO DO, AND THOSE INDIVIDUALS, ONE IN PARTICULAR
11:32:50 WHO IS NOT WITH THE COMPANY, HAS CREATED SUCH A PROBLEM,
11:32:54 BECAUSE MOLE Y ABUELA, I ASSUME IT'S STILL BOARDED UP.
11:32:59 LAST TIME I SAW THE PLACE WAS BOARDED UP.
11:33:01 FRANKLIN MANOR WAS BOARDED UP THERE.
11:33:03 WERE PROTESTS OUT SIDE BECAUSE I WAS DOWN THERE TO SEE
11:33:06 HOW IT WAS AND WHAT WAS GOING ON.
11:33:08 BUT IT'S JUST A BLATANT LACK OF RESPECT THAT HAS BROUGHT
11:33:11 IT TO THIS PROBLEM.
11:33:12 IT'S NOT ABOUT SERVING ALCOHOL ON THE ROOFTOP AND NOT
11:33:15 KNOWING.
11:33:15 IT'S COMPLETELY VIOLATING THE RULES IN PLACE, WHILE OTHER
11:33:19 BUSINESSES WERE CLOSED, WHILE OTHER BUSINESSES WERE
11:33:22 SERVING AT 25% CAPACITY OR TAKE-OUT ONLY, OR NOT SERVING
11:33:26 ALCOHOL AT ALL BECAUSE I WAS GETTING COMPLAINTS.
11:33:29 ONE GENTLEMAN EVEN ASKED, CAN YOU REACH OUT TO THE
11:33:31 GOVERNOR SO HE CAN LIFT THE STAY ON ALCOHOLIC BEVERAGES,
11:33:35 BARS NOT BEING ABLE TO SERVE?
11:33:37 WHICH I COULDN'T DO.
11:33:38 BUT THAT'S IT.
11:33:39 I MEAN, FINANCE THEY WOULD HAVE FOLLOWED THE RULES AND
11:33:42 NOT HAD THESE WILD PARTIES IN VIOLATION, WE WOULDN'T BE
11:33:47 HERE TODAY WITH THESE DISCUSSIONS.
11:33:49 I MEAN, YOU ARE THE ATTORNEY.
11:33:50 I UNDERSTAND, THE CLIENTS ARE NOT HERE.
11:33:52 SOME OF THE PEOPLE ARE NO LONGER INVOLVED.
11:33:54 BUT THIS COULD HAVE BEEN AVOIDED.
11:33:56 SO HERE WE ARE.
11:33:58 HAVING SAID THAT, WE HAVE, I BELIEVE, 12 REGISTERED
11:34:01 SPEAKERS STILL ON THE LINE FOR PUBLIC COMMENT.
11:34:04 >> ERIC KOENIG: CAN I JUST RESPOND TO WHAT YOU JUST
11:34:10 SAID?
11:34:10 I AGREE, THIS IS BLATANT IRRESPONSIBILITY.
11:34:13 IT WAS IGNORING THE RULES.
11:34:15 IT WAS PUTTING PEOPLE IN POTENTIAL HARM'S WAY.
11:34:18 BUT THEREIN WERE TWO PEOPLE WHO RAN EVERYTHING, HAD A
11:34:23 HUGE OWNERSHIP STAKE, AND ALL THE REMAINING -- THE
11:34:28 CURRENT OWNERS AND CURRENT MANAGERS COULD DO IS WORK OUT
11:34:33 GETTING RID OF THESE GUYS, AND I DO UNDERSTAND, IT
11:34:37 SOUND -- AND THESE ARE THE BAD GUYS, DON'T PUNISH US,
11:34:40 THEY ARE THE ONE WHOSE DID IT.
11:34:42 BUT AT THE END OF THIS, THEY ARE REMOVED.
11:34:44 THE PROBLEM IS ADDRESSED.
11:34:46 AND NOW ANY PUNISHMENT LEVIED IS ON THE REMAINING PEOPLE.
11:34:51 AND I UNDERSTAND THAT'S A PART OF ACCOUNTABILITY.
11:34:54 BUT I JUST WANT TO REMIND, AT GREAT EXPENSE AND GREAT
11:34:57 RESOURCES SPENT GETTING RID OF THESE GUYS TO RESOLVE THE
11:35:00 PROBLEM PERMANENTLY.
11:35:02 ANY OTHER PUNISHMENT IS ON THOSE WHO WEREN'T MAKING THE
11:35:05 DECISIONS.
11:35:06 SO THOSE ARE NOW TRYING TO FIX THE PROBLEMS AND TRYING TO
11:35:08 KEEP THIS AFLOAT.
11:35:10 AGAIN, I UNDERSTAND ACCOUNTABILITY, AND YOU ARE GOING TO
11:35:12 DO WHATEVER YOU FIND IS RIGHT AND EQUITABLE, BUT AS FAR
11:35:15 AS HOW TO ADDRESS THE PROBLEM, HOW TO ADDRESS SOMEONE
11:35:18 LIKE THIS GUY WHO WROTE THOSE E-MAILS ABOUT THE CITY OF
11:35:21 TAMPA AND THIS COUNCIL, IS UNHEARD OF.
11:35:25 AND RUNNING HIM OUT AND RUNNING OUT HIS BUSINESS PARTNER
11:35:28 IS ALL AT THIS POINT THE BUSINESS COULD DO AND TRY TO
11:35:31 KEEP IT AFLOAT.
11:35:32 >>GUIDO MANISCALCO: AND AT THE END OF THE DAY IT'S A
11:35:36 SHAME, BECAUSE IT'S A GOOD BUSINESS.
11:35:37 I MEAN, THEY MAKE MONEY, YOU KNOW.
11:35:41 THE NOCTURNAL GROUP OR WHOEVER IT IS, IT'S A SHAME TO SEE
11:35:44 THEM GET TO THE POINT OF HAVING TO BOARD UP BECAUSE
11:35:48 CERTAIN THINGS WERE SAID, YOU KNOW, MONTHS AGO THAT
11:35:51 TRIGGERED SOME PROTESTS IN THAT PART OF TOWN, WHATEVER.
11:35:56 YOU SAID EVERYTHING THAT NEED TO BE SAID.
11:35:58 >>MARTIN SHELBY: IF WE CAN, JUST BEFORE WE TAKE THE
11:36:03 COMMENT, AND LEGAL OR MS. DOCK WISHES TO COMMENT, I WOULD
11:36:09 KELL COME THAT.
11:36:09 BUT HOW MANY TIMES HAS COUNCIL BEEN HEARD-OWN COUNCIL
11:36:16 HEARD THE STATEMENT?
11:36:19 THIS SPECIAL USE RUNS WITH THE LAND, AND QUITE FRANKLY,
11:36:26 THERE IS A PROPERTY THAT'S ASSOCIATED WITH THESE
11:36:29 CONDITIONS.
11:36:31 AND IRRESPECTIVE, IT IS THE OBLIGATION OF PERHAPS
11:36:34 MULTIPLE PARTIES, BUT ULTIMATELY THAT PROPERTY HAS TO
11:36:38 COMPLY WITH CERTAIN CONDITIONS IN ORDER TO HAVE THAT
11:36:41 SPECIAL USE.
11:36:43 AND IF IT VIOLATES, IF THOSE SPECIAL USE CONDITIONS ARE
11:36:47 VIOLATED, WHAT SUFFERS IS THE PROPERTIES RIGHT TO
11:36:52 CONTINUE TO HAVE THAT SPECIAL USE.
11:36:54 SO I THINK WHAT'S IMPORTANT TO LOOK AT IS THE FACT THAT
11:36:58 THERE IS A SPECIAL USE, AND THAT THERE IS A SPECIFIC
11:37:01 PROPERTY WHICH IS TRACKED BY LAND DEVELOPMENT THAT IS
11:37:07 ATTACHED TO THAT RIGHT.
11:37:09 SO I SUGGEST THAT YOU TAKE A LOOK AT THAT RATHER THAN
11:37:11 LOOK AT WHO IS TO BLAME FOR THIS, BECAUSE ULTIMATELY IT
11:37:16 RUNS WITH THE LAND.
11:37:18 AND I WILL LEAVE IT AT THAT UNLESS THERE'S SOMETHING
11:37:20 ELSE.
11:37:21 >>GUIDO MANISCALCO: COUNCILMAN VIERA.
11:37:22 >>LUIS VIERA: THANK YOU VERY MUCH, MR. CHAIR.
11:37:24 I WAS GOING TO SAY SOMETHING TO THE EFFECT OF WHAT OUR
11:37:27 ESTEEMED ATTORNEY MR. SHELBY SAID.
11:37:29 I KIND OF LOOK AT TO THE NOT LITERALLY, VICARIOUS
11:37:33 LIABILITY, IS YOU HAVE AN EMPLOYEE WORKING FOR YOU, THEY
11:37:35 COMMIT A TORT, YOU ARE LIABLE FOR IT AS THEIR EMPLOYER.
11:37:40 IT'S NOT 100% THE SAME AS THE PARTNERS.
11:37:42 I GET THAT.
11:37:43 I THINK ONE OF THE THINGS THAT FRUSTRATES PEOPLE IS THAT
11:37:45 IF THESE LEFTOVER PARTNERS ARE SAYING, HEY, LOOK, WE ARE
11:37:49 THE GOOD GUYS, OR BEING THE GOOD GALS, WHATEVER, THEY ARE
11:37:53 NOT HERE TO EXPRESS IT, OBVIOUSLY YOU ARE THEIR FINE
11:37:56 CAPABLE ATTORNEY, GREAT ATTORNEY FROM ONE OF THE BEST
11:37:58 FIRMS IN TAMPA, BUT I THINK THAT'S SOMETHING THAT
11:38:01 FRUSTRATES US.
11:38:02 OBVIOUSLY IT'S THEIR RIGHT TO BE REPRESENTED BY
11:38:05 OUTSTANDING COUNCIL BUT JUST THE FACT THEY ARE NOT HERE I
11:38:08 THINK LEAVES SOMETHING TO BE DESIRED.
11:38:09 I PERSONALLY DON'T THINK IT'S GROUNDS FOR A CONTINUANCE.
11:38:14 THAT WAS THEIR CHOICE.
11:38:17 BUT I THINK THAT ULTIMATELY YOU GET THE BENEFIT OF THE
11:38:21 DETRIMENT OF THE BUSINESS ASSOCIATIONS THAT YOU KEEP, AND
11:38:24 LIKE OUR ATTORNEY SAID, IT RUNS WITHIN THE LAND AND
11:38:26 THAT'S UNFORTUNATE.
11:38:27 IS IT FAIR TO THEM IF THAT THEY DID IT?
11:38:30 NO, THAT THIS WAS OCCURRING, VERY UNFAIR.
11:38:35 BUT, YOU KNOW, THAT'S JUST HOW IT IS, I GUESS.
11:38:38 BUT I WILL STOP TALKING BECAUSE IT'S GETTING LATE AND I
11:38:42 AM GOING TO SAY SOMETHING DUMB.
11:38:44 THANK YOU.
11:38:45 >>JOHN DINGFELDER: MS. JOHNSON-VELEZ, I HAVE BEEN
11:38:49 LOOKING UP THERE, THIS AMAZING NOTEBOOK THAT YOU PUT
11:38:53 TOGETHER AND HUGE AMOUNT OF WORK THAT YOU PUT INTO THIS.
11:38:55 BUT WILL YOU TELL US WHAT THE BOTTOM LINE IS IN TERMS OF
11:39:00 WHAT OUR OPTIONS ARE THIS EVENING AFTER WE HEAR ALL THE
11:39:03 TESTIMONY AND THE PEOPLE WHO ARE WAITING, WHAT OUR
11:39:06 OPTIONS ARE IN TERMS OF SUSPENSION OR REVOCATION?
11:39:09 >>SUSAN JOHNSON-VELEZ: CERTAINLY.
11:39:11 SENIOR ASSISTANT CITY ATTORNEY.
11:39:12 SO BECAUSE THIS WILL BE A FIRST VIOLATION FOR THIS
11:39:15 PROPERTY, COUNCIL IS LIMITED TO THE MAXIMUM OF A 30-DAY
11:39:19 SUSPENSION.
11:39:20 WHEN YOU GET TO A SECOND SITUATION LIKE THIS, A SECOND
11:39:24 HEARING LIKE THIS, YOU CAN CONSIDER A 60 DAY SUSPENSION
11:39:28 MAXIMUM.
11:39:29 A THIRD VIOLATION, YOU CAN CONSIDER A 90-DAY SUSPENSION.
11:39:34 THEN ON THE FOURTH AND SUBSEQUENT, YOU CAN CONSIDER
11:39:36 REVOCATION.
11:39:37 >>JOHN DINGFELDER: BECAUSE I SAW REVOCATION AS AN OPTION
11:39:40 THERE BUT YOU ARE SAYING --
11:39:43 >>SUSAN JOHNSON-VELEZ: IT IS A STEP-BY-STEP, YES.
11:39:45 >>JOHN DINGFELDER: I JUST WANTED TO PUT THAT IN CONTEXT
11:39:48 TO COUNCIL.
11:39:49 >>JOSEPH CITRO: CAN WE ALSO SAY THAT 30-DAY ALSO
11:39:53 INCLUDES THE PENDING SPECIAL PERMITS THAT ARE BEING
11:39:57 REQUESTED?
11:39:59 30 DAYS ON THE ALCOHOL SALES THEY HAVE NOW, PLUS NOTHING
11:40:04 MORE IN THOSE SPECIAL USES THAT ARE PENDING FOR 30 DAYS.
11:40:08 >>SUSAN JOHNSON-VELEZ: WELL, I WOULD SUGGEST --
11:40:14 >>JOSEPH CITRO: LET'S GET THROUGH THIS, YES.
11:40:17 BUT --
11:40:18 >>SUSAN JOHNSON-VELEZ: SORRY.
11:40:19 >>GUIDO MANISCALCO: WE HAVE TEN PEOPLE REGISTERED ON
11:40:23 LINE TO SPEAK.
11:40:25 MR. SHELBY, DO I HAVE TO SWEAR EVERYBODY IN?
11:40:27 >>MARTIN SHELBY: YES, SIR.
11:40:29 >>GUIDO MANISCALCO: ALL RIGHT.
11:40:30 WE'LL START WITH PUBLIC COMMENT.
11:40:32 THE ONLINE REGISTERED FOLKS, IF THEY WANT TO COME ON.
11:40:35 I HAVE A LIST HERE.
11:40:37 WE WILL SWEAR YOU IN.
11:40:39 BEFORE YOU SPEAK.
11:41:18 I CAN SEE YOU BUT IT'S JUST BLUE.
11:41:23 I CAN HEAR YOU BUT I CAN'T SEE YOU.
11:41:24 IT'S JUST BLUE.
11:41:26 WE HAVE RANDALL.
11:41:28 WE HAVE DEBRA OXLEY.
11:41:32 SO LET'S SWEAR IN SCOTT, RANDALL AND DEBRA.
11:41:35 RAISE YOUR RIGHT HAND.
11:41:36 WE ARE GOING TO SWEAR YOU IN.
11:41:37 (OATH ADMINISTERED BY CLERK)
11:41:39 >> ALL RIGHT.
11:41:45 SCOTT, IF YOU WOULD LIKE TO BEGIN, YOU HAVE THREE
11:41:47 MINUTES.
11:41:47 PLEASE STATE YOUR NAME AND WE'LL GO FROM THERE.
11:41:53 YOU ARE MUTED, SIR.
11:41:54 SCOTT, YOU ARE MUTED.
11:41:55 >> CAN YOU HEAR ME NOW?
11:42:01 >>GUIDO MANISCALCO: YES.
11:42:01 GO AHEAD.
11:42:02 >> THANK YOU.
11:42:03 GOOD EVENING.
11:42:04 MY NAME IS SCOTT HENKELE.
11:42:07 I AM THE BOARD PRESIDENT OF THE RESIDENCES OF FRANKLIN
11:42:09 STREET, WHICH SITS JUST SOUTH OF MOLE Y ABUELA.
11:42:14 THE BUILDING CONSISTS OF 42 UNITS OF ONE, TWO AND THREE
11:42:17 BEDROOM UNITS.
11:42:19 MEDICAL PROFESSIONALS LIVE HERE.
11:42:21 ELDERLY PEOPLE LIVE HERE.
11:42:23 AND FAMILIES LIVE HERE.
11:42:24 THESE ARE SOME OF THE UNITS ARE THREE BEDROOM.
11:42:26 I AM HERE TO GIVE A VOICE TO OUR RESIDENTS WHO LOST MANY
11:42:29 HOURS OF SLEEP AND WHOSE RIGHT OF QUIET ENJOYMENT OF
11:42:33 THEIR RESIDENCES WAS VIOLATED BY MOLE Y ABUELA.
11:42:37 MOLE Y ABUELA BEFORE HAVING CLOSED ITS DOORS ENGAGED IN
11:42:41 RECKLESS, ILLEGAL AND DESTRUCTIVE BEHAVIOR.
11:42:44 THE RESTAURANT FROM THE MANAGEMENT AND THE OWNERS DOWN
11:42:47 ENCOURAGED AND PROMOTED A CULTURE REMINISCENT OF A
11:42:51 NIGHTCLUB AS WE HAVE HEARD.
11:42:52 MANAGEMENT AND STAFF, THEY THUMBED THEIR NOSES AT THE
11:42:56 CITY POLICE, THE FIRE MARSHAL, THE RESTRICTIONS INTENDED
11:42:59 TO STOP THE COVID OF 19 IN OUR CITY WHICH WE ARE STILL
11:43:03 FIGHTING.
11:43:03 HOW MANY CASES OF COVID SPREAD AT THEIR PARTIES?
11:43:06 NIGHT AFTER NIGHT FOR WEEKS, OUR RESIDENTS WERE FORCED TO
11:43:09 CALL POLICE BEGGING FOR ASSISTANCE.
11:43:12 THE ISSUES WE ROUTINELY FACED INCLUDED THUMPING BASS FROM
11:43:19 THE ROOFTOP, SCREAM FROM THE ROOFTOP, SHATTERING BOTTLES,
11:43:22 FIGHTS, VEHICLES REVVING THEIR ENGINES AND PEELING OUT,
11:43:28 OUTSIDE OF THE RESTAURANT, MANY INCIDENTS OF PUBLIC
11:43:30 URINATION BECAUSE THE BAR, NIGHTCLUB THAT THEY WERE
11:43:33 RUNNING DID NOT HAVE ADEQUATE RESTROOMS FOR THE PATRONS.
11:43:36 OUR STORY BEGAN ON MAY 5th WHEN MOLE WAS PERMITTED TO
11:43:41 REOPEN AND THROUGH A MASSIVE CINCO DE MAYO PARTY THAT WAS
11:43:46 PICKED UP BY LOCAL NEWS, FROM THAT POINT EVERY TUESDAY,
11:43:49 TACO TUESDAY, WINE DOWN WEDNESDAY, THIRSTY THURSDAY,
11:43:53 FRIDAY CELEBRATION, SATURDAY, ALL YOU CAN DRINK BRUNCH
11:43:57 SUNDAY, SIX DAYS OF THE WEEK WE SUFFERED FROM THEM.
11:44:00 IT WAS MAYHEM AFTER MAYHEM.
11:44:02 AND MIND YOU THIS WAS SUPPOSED TO BE A RESTAURANT.
11:44:04 OUR CALLS TO THE APPLICATION WERE OFTEN IN VAIN BECAUSE
11:44:07 THE POLICE EITHER HAD TO DEAL WITH IRATE OWNERS FROM OUR
11:44:11 BUILDING WHO COULDN'T SLEEP OR MANAGEMENT FROM MOLE WERE
11:44:15 DISREGARDING THEM.
11:44:16 THEY WERE LARGELY INEFFECTIVE AND THE SECOND THE POLICE
11:44:18 WOULD LEAVE THE MUSIC WOULD TURN RIGHT BACK UP AND WE
11:44:20 WOULD SEEM LIKE FOOLS CALLING AGAIN.
11:44:22 THE POLICE JUST DID NOT WANT TO DEAL WITH US.
11:44:24 NO DISRESPECT TO THEM, BUT I UNDERSTAND WHERE THEY ARE
11:44:27 COMING FROM.
11:44:28 THERE IS NO REASON TO BELIEVE THAT ANY INITIAL
11:44:31 RESTRICTIONS IMPOSED ON MOLE WILL BE FOLLOWED.
11:44:33 WE WITNESSED THEIR BEHAVIOR WITH FRANKLIN MANOR AND WE
11:44:36 HAVE WITNESSED THEIR BEHAVIOR FLAUNTING AND DISREGARDING
11:44:39 THE COVID VIOLATIONS.
11:44:40 THEY ARE UNREPENTANT.
11:44:43 THEY SENT THEIR ATTORNEY.
11:44:44 THEY COULDN'T EVEN SHOW UP TO SPEAK ON THEIR OWN BEHEST.
11:44:47 HERE WE ARE, OUR RESIDENTS SAT IN THE HALL AND COMPUTERS
11:44:53 FOR SIX HOURS TO SPEAK OUR MIND, YET THE OWNER WHO IS
11:44:56 PRETENDING THAT THIS BUSINESS MEANS SO MUCH TO HIM
11:44:59 COULDN'T BE BOTHERED TO SHOW UP.
11:45:01 YOU HEARD TONIGHT FROM THE POLICE THAT THEY'RE THEY WERE
11:45:04 THE MOST EGREGIOUS OF VIOLATERS AND THEY HAVE NO RESPECT
11:45:07 FOR OUR NEIGHBORHOOD.
11:45:08 THEY WERE CONFUSED BY THE LAW.
11:45:09 IGNORANCE OF THE LAW IS NOT EXCUSE.
11:45:11 IT'S NOT SATISFACTORY.
11:45:12 WE HAVE PERSONAL KNOWLEDGE.
11:45:14 MOLE'S ATTORNEY SAID THAT THE OFFICERS DO NOT HAVE
11:45:16 PERSONAL KNOWLEDGE.
11:45:17 THE CITY ATTORNEY DOES NOT HAVE PERSONAL KNOWLEDGE.
11:45:19 WE SUFFERED EVERY SINGLE NIGHT FOR OVER A MONTH, NOT TO
11:45:23 MENTION THE NIGHTS PRIOR TO THAT, PRIOR TO COVID, BUT
11:45:27 THEY ALSO DISREGARDED ANY SOCIAL BOUND OR SOCIAL NORMS.
11:45:32 AGAIN, CONTRARY TO MOLE'S ATTORNEY SUGGESTION, MOLE DID
11:45:37 NOT SHUT DOWN TO FIGURE OUT HOW TO DEAL WITH COVID.
11:45:39 THEY SHUT DOWN JUNE 2nd BECAUSE THEIR EMPLOYEE HAD A
11:45:43 RACIAL MELTDOWN ONLINE.
11:45:46 THAT'S WHY THEY SHUT DOWN.
11:45:47 NOT BECAUSE THEY NEEDED TO FIGURE OUT HOW TO OPERATE IN
11:45:50 COVID.
11:45:51 LET THAT BE KNOWN.
11:45:55 OWNERS COULD NOT BE BOTHERED.
11:45:56 I HAVE NOTHING ELSE TO SAY.
11:45:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:45:59 >> I WOULD JUST SAY ONE MORE THING.
11:46:01 WE ARE NOT ASKING FOR A SUSPENSION.
11:46:03 WE ARE ASKING FOR A REVOCATION OF THEIR ALCOHOL LICENSE.
11:46:06 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:46:08 RANDALL?
11:46:11 >> MY NAME IS RANDALL LATOKA.
11:46:14 I AM IN UNIT 504 WHICH IS DIRECTLY OVERLOOKING THE
11:46:19 ROOFTOP BAR OF MOLE Y ABUELA.
11:46:21 I HAVE A PERFECT VIEW TO SEE THEM STILL POURING DRINKS
11:46:25 BEHIND THE BAR EVEN AFTER THE COPS CAME TO SHUT THEM DOWN
11:46:28 AND SAID NO MORE DRINKS UP THERE.
11:46:30 IT ALL STARTED LIKE MR. DINGFELDER SAID ON MAY 5th,
11:46:36 CINCO DE MAYO.
11:46:37 IT WAS STANDING ROOM ONLY ON THE ROOFTOP BAR.
11:46:41 I COULDN'T SLEEP BECAUSE OF THE MUSIC, EVEN THROUGH
11:46:46 WINDOWS WHICH COULD WOULD BE UP UNTIL 3 A.M.
11:46:49 I WOULD BE GOING OUTSIDE BECAUSE I WOULD BE HEARING THE
11:46:52 FIGHTS, THE MUSIC, EVERYTHING THAT WAS GOING ON.
11:46:55 I HAVE MANY VIDEOS THAT WERE PROVIDED WERE POSSIBLY FROM
11:47:00 THE PEOPLE STANDING OUT ON THE STREETS STILL WITH A DRINK
11:47:04 IN THEIR HAND, FOR THEIR UBER, DRUNK AND NOT BEING ABLE
11:47:10 TO STAND UP, WHEN THERE'S A FIGHT RIGHT NEXT TO THE
11:47:13 PARKING LOT.
11:47:14 TEN TIMES IN THE MONTH OF MAY I CALLED THE POLICE.
11:47:17 AND I HAD TO LEAVE FOR A FULL WEEK BECAUSE I COULDN'T
11:47:21 SLEEP.
11:47:22 I AM A PHYSICIAN WHO LIVES HERE, AND I WORK WITH CAR
11:47:25 ACCIDENTS, SO I WAS AN ESSENTIAL WORKER THIS ENTIRE TIME.
11:47:28 AND THE WORST NIGHTS WERE TUESDAYS AND THURSDAYS.
11:47:31 AND THAT'S THE MIDDLE OF THE WORKWEEK.
11:47:32 AND THAT'S THE MIDDLE OF THE TIME I WAS TRYING TO HELP
11:47:35 PEOPLE AND I WAS A ZOMBIE TRYING TO HELP ANYONE.
11:47:38 I WOULD ALSO LIKE TO POINT OUT THAT I DID SEE THEM DO THE
11:47:44 MAY 28th, OFFICERS MENTIONED THAT THEY PROVIDED THE
11:47:50 STOP TO SELL LIQUOR AT THE ROOFTOP BAR.
11:47:52 THEY TOOK THE BOTTLES OFF THE TOP OF THE BARS BUT THEY
11:47:55 WERE STILL UNDERNEATH SO THEY WERE PULLING THEM OUT AND
11:47:58 POURING DRINKS FOR THEM, AND I COULD SEE IT DIRECTLY
11:48:01 STRAIGHT FROM MY BALCONY AS THE COPS WERE STILL ON THE
11:48:04 ROOFTOP.
11:48:05 AND THEY STILL HAD ELEVEN SECURITY OFFICERS ON THE
11:48:08 ROOFTOP BAR WHICH I DON'T SEE THE POINT OF HAVING
11:48:11 SECURITY PERSONNEL FOR A RESTAURANT.
11:48:14 AND THEN I HAVE A VIDEO THAT IT ACTUALLY SHOWED BOTTLE
11:48:21 SURFACE GIRLS CARRYING A BOTTLE OF CHAMPAGNE UP TO THE
11:48:24 ROOFTOP BAR WITH DANCING AND TRYING TO HAVE FUN WITH THE
11:48:28 CROWD WHICH IS TWO DAYS AFTER THAT WAS GIVEN.
11:48:31 AND I WOULD ALSO JUST LIKE TO SAY THAT I AGREE THAT THEY
11:48:35 DID NOT CHOOSE TO CLOSE.
11:48:37 THEY BOARDED UP AND THAT'S WHY THEY HAVE NOT HAD ANY
11:48:39 ISSUES SINCE THAT DAY.
11:48:40 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:48:43 DEBRA?
11:48:50 >> YES.
11:48:54 MY NAME IS DEBRA -- [AUDIO FEEDBACK]
11:48:58 [~AUDIO DISTORTION~]
11:49:20 >> AFTER PUTTING UP WITH ALL THIS NOISE OUTSIDE, WINDOWS
11:49:28 OPEN.
11:49:41 [~AUDIO DISTORTION~] TO CHECK TO SEE IF THERE WERE ANY
11:49:43 PROBLEMS.
11:49:52 BY SCOTT AND BY RANDALL.
11:49:54 WE HAD LOTS OF VIDEOS.
11:49:56 THEY DID BOARD IT UP JUST BECAUSE OF WHAT WAS PUT OUT
11:50:02 THERE.
11:50:04 SO, ANYWAYS, THAT'S ALL I HAVE TO SAY FOR THIS EVENING.
11:50:08 THANK YOU VERY MUCH.
11:50:08 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:50:09 MR. DEMARO AND MR. YEE, IF YOU COULD RAISE YOUR RIGHT
11:50:16 HAND SO WE CAN SWEAR YOU IN BEFORE YOU SPEAK.
11:50:19 (OATH ADMINISTERED BY CLERK).
11:50:25 >>GUIDO MANISCALCO: ROBERT YEE, GO AHEAD, SIR.
11:50:27 >> GOOD EVENING, COUNCIL.
11:50:29 AND AS YOU HAVE ALREADY HEARD A LOT OF EGREGIOUS ITEMS
11:50:34 ABOUT MOLE Y ABUELA.
11:50:36 I ORIGINALLY MADE AN ONLINE COMPLAINT TO COUNCILMAN GUDES
11:50:40 ON MAY 18th, TAMPA DOT GOV.
11:50:44 LOUD MUSIC, ON THE SIDEWALK AND ON PORCHES.
11:50:48 I LIVE IN THE BUILDING JUST TO THE NORTH OF MOLE Y
11:50:50 ABUELA.
11:50:52 FEBRUARY 19th WHEN MOLE OPENED, WE WERE GLAD, IT
11:50:56 SEEMED LIKE IT WAS GOING TO BE AN UPSCALE RESTAURANT WITH
11:50:59 SPANISH MEDITERRANEAN MEXICAN FOOD.
11:51:02 BUT ON OCTOBER 20 IS IT THEY STARTED I GUESS TACO TUESDAY
11:51:09 AND LATIN NIGHT TUESDAY.
11:51:10 THAT BROUGHT LOUD MUSIC, NIGHTCLUB PARTY GOERS RATHER
11:51:17 THAN THE RESTAURANT CROWD.
11:51:18 MUSIC WOULD RESONATE THROUGHOUT THE NEIGHBORHOOD.
11:51:21 THE COMPLAINTS ABOUT THE LOUD MUSIC BY MY NEIGHBORS THAT
11:51:24 LIVE ON THE END UNIT IN MY BUILDING NEXT DOOR TO THE
11:51:26 RESTAURANT WERE UNRESOLVED BY THE RESTAURANT.
11:51:29 THEY WERE PROMISED TO TURN IT DOWN BUT NEVER LASTED VERY
11:51:31 LONG.
11:51:32 IN MAY OF 2020, MOLE Y ABUELA MADE THE TRANSFORMATION OF
11:51:37 BEING A RESTAURANT WITH COUNCIL MUSIC TO A FULL-BLOWN
11:51:40 RAPIDS NIGHTCLUB WITH LOUD MUSIC.
11:51:51 LOUD MUSIC BLASTED FROM THE ROOFTOP AROUND 10 P.M. UNTIL
11:51:54 THEY CLOSED AT 3 A.M.
11:51:57 THE BUILDING WAS PACKED ON BOTH THE FIRST FLOOR AND ON
11:52:00 THE ROOFTOP.
11:52:01 SO THE OVERFLOW CROWD OF NOISY PEOPLE WOUND UP OUTSIDE
11:52:05 WAITING TO GET IN, OR CONGREGATED IN BUNCHES OUTSIDE ON
11:52:08 THE SIDEWALK, AND SOME WOULD SIT ON OUR PORCHES AND ALSO
11:52:11 COME AROUND THE BACK OF OUR BUILDING TO URINATE.
11:52:14 BARS WITH BLOOMING MUSIC WOULD GO UP AND DOWN FRANKLIN
11:52:18 STREET.
11:52:19 FIGHTS WOULD BREAK OUT ALMOST NIGHTLY IN THE PARKING LOT
11:52:23 ACROSS FROM THE RESTAURANT.
11:52:24 MY WIFE AND I DIDN'T FEEL SAFE TO WALK OUTSIDE OF THE
11:52:28 BUILDING AFTER 9 P.M. BECAUSE OF THE NOISY CROWD, ON THE
11:52:31 SIDEWALK AND EVEN IN OUR DRIVEWAY.
11:52:33 NIGHTLY COMPLAINTS WERE MADE TO TPD ABOUT THE LOUD MUSIC
11:52:37 WHICH WOULD BE TURNED DOWN SWAN ONLY TO RETURN TO
11:52:41 BLASTING LEAVES FIVE OR TEN MINUTES AFTER POLICE OFFICERS
11:52:45 LEFT.
11:52:45 VERBAL COMPLAINTS FOR THE OWNERS AND MANAGEMENT ON-SITE
11:52:48 WERE MET WITH.
11:52:50 WE ARE GOOD NEIGHBORS BUT WE ARE RUNNING A BUSINESS.
11:52:52 I TOOK THIS TO MEAN WE ARE EXPECTED TO I HAVE LIVE WITH
11:52:57 WHAT WE SAW DEGRADATION OF OUR NEIGHBORHOOD, QUALITY OF
11:53:01 LIFE.
11:53:02 FINALLY, AS YOU ALREADY KNOW, MOLE Y ABUELA IS SURROUNDED
11:53:05 BY THREE RESIDENCE BUILDINGS WHICH ARE FRANKLIN STREET,
11:53:08 CITY LOFT, MY BUILDING, THE RESIDENCE ON FRANKLIN STREET
11:53:12 WHICH HAS 40 UNITS, AND HISTORICAL ARLINGTON HOTEL ACROSS
11:53:15 THE STREET.
11:53:17 WE ARE OVER 100 TAX PAYING RESIDENTS THAT WOULD LIKE SOME
11:53:20 LEVEL OF PEACE AND QUIET IN OUR NEIGHBORHOOD DURING THE
11:53:24 EVENINGS.
11:53:29 AS SCOTT EARLIER SAID, I HAVE NO CONFIDENCE THAT THEY
11:53:32 WILL NOT DO THE SAME THING IF YOU ALLOW THEM TO CONTINUE
11:53:36 TO OPERATE.
11:53:38 THEY ARE NOT OPERATING AS A RESTAURANT.
11:53:40 THEY WERE OPERATING AS A RAUCOUS NIGHTCLUB WHICH BROUGHT
11:53:46 ALONG THE USUAL CROWDS OF NOISY PEOPLE OUT IN PARKING
11:53:54 LOTS AT NIGHT.
11:53:56 WE WERE AWAKENED 3 AND 4:00 IN THE MORNING.
11:54:01 AND THAT'S MY THREE MINUTES.
11:54:06 THANK YOU FOR LISTENING.
11:54:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:54:08 MR. DEMARO.
11:54:11 YOU ARE MUTED, SIR.
11:54:12 YOU HAVE TO UNMUTE YOURSELF.
11:54:13 >> OKAY.
11:54:16 CAN YOU HEAR ME NOW?
11:54:17 >>GUIDO MANISCALCO: YES.
11:54:18 >> OKAY.
11:54:19 THANK YOU.
11:54:19 MY NAME IS JAMES DEMARO.
11:54:22 I LIVE AT 1108 NORTH FRANKLIN STREET, APARTMENT 406.
11:54:28 AND I AM HERE TO TELL YOU THAT I HAVE NEVER BEEN SO
11:54:32 FRIGHTENED ABOUT A SITUATION AS DEVELOPED EVERY EVENING
11:54:38 THAT THE MOLE Y ABUELA WAS ALLOWED TO BE OPEN AFTER 11
11:54:42 P.M.
11:54:43 IT OPERATED FULLY AS A BAR.
11:54:47 IT WAS INCREDIBLE, THE NUMBER OF CARS IN THE PARKING
11:54:50 LOTS.
11:54:51 IT WAS A -- EVERY NIGHT, HUNDREDS OF PEOPLE WAITING
11:54:56 OUTSIDE TO GET IN.
11:54:58 NOBODY OBSERVING COVID.
11:55:00 AND I'M FRANKLY APPALLED AT THE NUMBER OF TIMES THAT WE
11:55:07 AS A NEIGHBORHOOD ASSOCIATION, AS INDIVIDUAL PEOPLES,
11:55:10 CALLED THE POLICE DEPARTMENT, AND THEY CAME.
11:55:13 THEY DID COME AND THEY DID SEE WHAT WE SAW.
11:55:17 BUT HOW COME NOBODY FILED COMPLAINTS?
11:55:19 I DON'T UNDERSTAND WHY.
11:55:21 I CAN'T BELIEVE THAT I AM LIVING IN A CITY THAT ALLOWS --
11:55:27 DOES ANYBODY ON THE COUNCIL REMEMBER KITTY GENEVIS,
11:55:33 MANHATTAN?
11:55:34 SHE GOT STABBED TO DEATH OUTSIDE THE BUILDINGS WHERE
11:55:38 NOBODY PAID ANY ATTENTION TO HER SCREAMS.
11:55:40 THAT'S THE KIND OF NOISES THAT WAS GOING ON IN A
11:55:42 RESIDENTIAL NEIGHBORHOOD AT 1:00, 2:00, 3:00 IN THE
11:55:46 MORNING, TWO OR THREE NIGHTS A WEEK.
11:55:49 IT WAS JUST HORRIBLE.
11:55:50 I HAVE NEVER SEEN ANYTHING LIKE IT BEFORE IN MY LIFE.
11:55:53 AND I'M 72 YEARS OLD.
11:55:55 AND I HOPE I DON'T EVER SEE THIS AGAIN.
11:55:58 IF GOT FORBID WE ARE ALLOWED TO HAVE THIS RESTAURANT OPEN
11:56:02 AGAIN.
11:56:02 I WOULD LIKE IT TO BE A RESTAURANT THAT CLOSES AT 11 AND
11:56:07 EVERYBODY GOES HOME.
11:56:08 WE HAVE BROKEN BOTTLES IN THE STREET.
11:56:09 WE HAVE PEOPLE URINATING EVERYWHERE.
11:56:12 THERE WERE PEOPLE OF QUESTIONABLE PURPOSES WALKING UP AND
11:56:17 DOWN THE STREETS.
11:56:20 IT WAS JUST INCREDIBLE.
11:56:22 IT WAS EVERYTHING THAT EVERYONE HAS SAID BEFORE.
11:56:24 I HAVE SOME VIDEOS OF IT.
11:56:26 IT'S JUST SOMETHING THAT NOBODY SHOULD HAVE TO LIVE
11:56:29 THROUGH.
11:56:29 I THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK
11:56:33 TONIGHT.
11:56:33 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:56:34 I SEE FIVE PEOPLE ON THE SCREEN THAT WANT TO SPEAK.
11:56:38 PLEASE RAISE YOUR RIGHT HAND.
11:56:39 WE ARE GOING TO SWEAR YOU IN BEFORE YOU SPEAK.
11:56:41 (OATH ADMINISTERED BY CLERK)
11:56:45 >>GUIDO MANISCALCO: THE FIRST ONE IS TRAVIS.
11:56:50 YOU HAVE THREE MINUTES.
11:56:51 GO AHEAD, SIR.
11:56:58 YOU ARE MUTED.
11:56:59 UNMUTE YOURSELF.
11:57:00 >> MY NAME IS TRAVIS, A PROPERTY OWNER ADJACENT TO MOLE
11:57:08 ON THE NORTH.
11:57:09 AND I JUST WANT TO SAY I COMPLETELY ATTEST TO THE
11:57:11 ACCURACY OF EVERYONE SPEAKING BEFORE ME.
11:57:14 I TOO AM A DOCTOR.
11:57:16 I WORK IN THE MORNING.
11:57:17 AND THE BIGGEST THING TO US WAS THE LOUDNESS AND THE
11:57:23 VIOLENCE, THE SAFETY MUCH SAFETY, MUSIC, CARS BLARING.
11:57:27 I GUESS IN MY OPINION IT'S NOT SO MUCH THE LIQUOR,
11:57:31 ALTHOUGH THAT'S THE ISSUE, PEOPLE CAN'T BE TRUSTED, THEY
11:57:37 REALLY SHOULD HAVE RESTAURANT ABILITIES.
11:57:39 THEY ARE REALLY DESTROYING OUR LIVELIHOOD IN THE CITY AND
11:57:42 I THINK IT'S SOMETHING THAT NEED TO BE ADDRESSED IF AT
11:57:44 ALL POSSIBLE.
11:57:45 THAT'S ALL I WANT TO SAY.
11:57:46 THANK YOU?
11:57:54 >> NEXT UP IS SERGIO.
11:57:56 >> I LIVE IN THE BUILDING JUST EAST OF MOLE Y ABUELA AT
11:57:59 159 NORTH FRANKLIN STREET.
11:58:01 AND I AGREE WITH EVERYTHING EVERYONE HAS SAID.
11:58:04 AND WOULD I BE ABLE TO YIELD MY TIME TO FERNANDO PEREZ?
11:58:12 >>JOHN DINGFELDER: I DON'T THINK WE ARE DOING THAT.
11:58:14 >>GUIDO MANISCALCO: WE DON'T DO THAT VIRTUALLY.
11:58:16 >> I WILL BE SHORT BUT JUST ONE THING.
11:58:20 I DID WANT TO REITERATE THE POINT THAT THEY CLOSED
11:58:23 BECAUSE THERE WAS A BACKLASH ON SOCIAL MEDIA BASED ON
11:58:28 RACIAL COMMENTS THAT WERE MADE BY ONE OF THE PROMOTERS,
11:58:32 MANAGERS AND OPERATORS.
11:58:33 THEY DIDN'T CLOSE BECAUSE THEY WERE TRYING TO GET THEIR
11:58:35 ACT TOGETHER.
11:58:36 IT'S VERY WELL DOCUMENTED.
11:58:44 AND I THANK YOU.
11:58:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:58:47 HERNANDO PEREZ.
11:58:48 >> THANK YOU.
11:58:49 MY NAME IS FERNANDEZ PEREZ, I LIVE AT 1212 NORTH
11:58:53 FRANKLIN, FRANKLIN LOFTS, AND MY PROPERTY, MY SPECIFIC
11:58:58 RESIDENCE IS THE CLOSEST ONE TO MOLE.
11:59:02 WE ARE 50 FEET AWAY, MY FRONT DOOR IS 50 FEET AWAY FROM
11:59:06 THEIR FRONT DOOR.
11:59:07 I ECHO EVERYTHING EVERYONE HAS SAID.
11:59:10 IN ADDITION TO THAT, BECAUSE WE ARE RIGHT THERE EVERYBODY
11:59:20 THAT GOES TO MOLE TO SMOKE A JOINT OR SEX OR, YOU KNOW,
11:59:27 EVERYTHING ELSE THAT EVERYBODY HAS MENTIONED.
11:59:30 THERE IS A FEELING THAT YOU DON'T WANT TO LOOK AT JUST
11:59:35 COVID VIOLATIONS AND THINGS LIKE THAT AS BEING THE FOCUS
11:59:38 ON IS THE DISRUPTION TO THE NEIGHBORHOOD THAT THESE
11:59:41 PEOPLE CREATED.
11:59:42 THEY WERE BASICALLY DESTROYING WHAT IS REALLY A BEAUTIFUL
11:59:45 AND VERY UNIQUE NEIGHBORHOOD IN DOWNTOWN TAMPA.
11:59:48 WE HAVE BEEN LIVING THERE FOR ALMOST 14 YEARS.
11:59:51 AND NEVER HAD A PROBLEM WITH THEM THE FLY.
12:00:00 AND IT DIDN'T START IN MAY.
12:00:02 WE HAD PROBLEMS WITH THEM PRETTY MUCH A COUPLE MONTHS
12:00:04 AFTER THEY OPENED.
12:00:05 INITIALLY THEY WERE RECEPTIVE, THEY WOULD TURN THE MUSIC
12:00:08 DOWN, BUT EVENTUALLY THEY WOULD STOP RESPONDING.
12:00:13 TEXT NUMBERS, THE MOBILE NUMBERS FOR EVERY ONE OF THE
12:00:15 MANAGERS, AND AFTER A WHILE THEY JUST IGNORED US.
12:00:18 AND THAT'S WHEN I STARTED CALLING THE POLICE IN DECEMBER.
12:00:21 THEN THEY WERE CLOSED FOR A WHILE, AND THEY HAD TOTAL
12:00:27 DISREGARD FOR THE COMMUNITY.
12:00:28 I WANT TO CLARIFY A COUPLE OF THINGS THAT MR. CLONEY HAD
12:00:34 SAID.
12:00:34 DON'T BELIEVE FOR A SECOND THE OWNERS.
12:00:36 THE PEOPLE THAT CURRENTLY OWN THE PROPERTY WERE INVOLVED
12:00:39 WITH THE PEOPLE THAT ARE SUPPOSEDLY AVERAGE.
12:00:41 I DON'T BELIEVE IT'S HAPPENING.
12:00:44 THIS IS THE SAME CROWD THAT WAS INVOLVED IN FRANKLIN
12:00:47 MANOR AND ALL THE PROBLEMS THERE.
12:00:49 TO GIVE YOU ANOTHER EXAMPLE, THE HEAD MANAGER AT MOLE,
12:00:55 THE FRONT PERSON AT THE RESTAURANT IS GOING TO REPLACE
12:01:00 TRAVERIA.
12:01:03 A LITTLE SHELVING WITH THE CORPORATIONS, MOVE SOME NAMES
12:01:05 AROUND, BUT THE SAME PEOPLE ARE STILL INVOLVED IN THIS,
12:01:08 AND THE CURRENT OWNERS, PRESENTED AT FRANKLIN MANOR, WAS
12:01:14 DONE WITH THEIR COMPLETE KNOWLEDGE AND ACCEPTANCE.
12:01:16 SO DON'T BELIEVE THE THINGS WILL CHANGE.
12:01:19 THAT'S WHY WE DON'T BELIEVE THAT IF THEY ARE ALLOWED TO
12:01:22 CONTINUE TO OPERATE THAT ANYTHING IS GOING TO CHANGE.
12:01:24 THIS IS A GROUP THAT LOOKS AT EVERY OPPORTUNITY TO PUSH
12:01:27 THE ENVELOPE AND SEE WHAT LAWS THEY CAN VIOLATE. THAT'S
12:01:31 THEIR NATURE AND THAT'S WHAT THEY ARE GOING TO KEEP
12:01:31 DOING.
12:01:33 SO IF THEY ARE ALLOWED TO CONTINUE TO OPERATE, IT'S JUST
12:01:36 A MATTER OF TIME BEFORE WE ARE HERE BEFORE YOU AGAIN.
12:01:38 UNFORTUNATELY, I THINK YOU NEED TO REVOKE THEIR BEVERAGE
12:01:45 LICENSE COMPLETELY.
12:01:46 I UNDERSTAND FROM THE CITY ATTORNEY THAT'S NOT POSSIBLE.
12:01:49 THANK YOU FOR YOUR TIME.
12:01:50 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:01:52 ROBERT?
12:01:54 >> GOOD EVENING.
12:01:55 THANK YOU, CHAIRMAN.
12:01:55 MY NAME IS ROBERT ILERS. I LIVE AT 1214 NORTH FRANKLIN.
12:02:01 ACTUALLY IN BETWEEN FERNANDEZ AND TRAVIS MOORE.
12:02:04 AND I WOULD HAVE TO SAY, AND I WOULD LIKE TO ADDRESS A
12:02:08 FEW VERY FACTUAL THINGS.
12:02:09 WITH ALL DUE RESPECT THE PETITIONING ENTITY HAS NOT
12:02:12 DEMONSTRATED ANYTHING THAT THEY DESERVE A REINSTATEMENT
12:02:16 OF ANY SORT, EVEN JUST 30 DAYS.
12:02:18 AND THERE ARE A HOST OF REASONS.
12:02:20 THERE WERE NO COMPLAINTS AS WE HAVE STATED AFTER THE END
12:02:23 OF MAY, BECAUSE MOLE CLOSED DUE TO MR. BISTANTE SOCIAL
12:02:30 MEDIA, AND DAYS AND DAYS OF PROTEST THAT WENT UP IN
12:02:36 FRANKLIN STREET IN FRONT OF OUR HOUSE AND MR. CHAIRMAN, I
12:02:39 THINK YOU WITNESSED SOME OF THAT FIRST HAND.
12:02:41 THE ISSUES THAT HAVE BEEN CITED BY SUSAN JOHNSON-VELEZ
12:02:44 WERE NEVER ISSUES IN THE TEN YEARS OF FLY BAR'S EXISTENCE
12:02:47 THAT WE LIVED IN THIS BUILDING ALMOST ELEVEN YEARS.
12:02:50 THE EVENTS CITED WERE NOT RANDOM EITHER.
12:02:53 THEY WERE NIGHTLY AS THE FILES YOU GUYS HAVE BEEN GIVEN
12:02:57 SHOW.
12:02:57 IF YOU LOOK AT THE POLICE CALL RECORD, THE PHOTOS, THE
12:03:00 VIDEO, ALL OF THAT HAS BEEN SUBMITTED TO YOU ALL FOR
12:03:02 REVIEW, AND IT WAS EVERY DAY OF THE WEEK.
12:03:05 AND THAT THEY ONLY OPERATED ON WEEKENDS IS INCORRECT
12:03:12 BECAUSE YOUR OWN FIRE MARSHAL SAID WEDNESDAY THE 11th
12:03:18 WHICH IS A WEDNESDAY.
12:03:18 AND I WOULD REFERENCE THE VIDEOS THAT WERE SUBMITTED THAT
12:03:23 SHOW ONE NIGHT MAY 31st AND OF COURSE THE FIVE HOURS
12:03:26 PUBLIC INTOXICATION, NOISE ORDINANCE VIOLATIONS,
12:03:29 VIOLENCE, A HIT AND RUN IN THE PARKING LOT ACROSS THE
12:03:32 STREET, PUBLIC URINATION WHERE THE GUY WALKED OUT ACROSS
12:03:35 THE STREET IN FRONT OF MOLE'S STAFF, DROPPED HIS PANTS
12:03:39 AND PEED ON A TREE.
12:03:41 SO TO SAY THAT THIS WAS SORT OF LIMITED IS SORT OF
12:03:44 LUDICROUS.
12:03:45 MOLE'S ACTIONS GOT TO A POINT WHEREIN THEY REQUIRED
12:03:49 NEARLY CONSTANT CONTACT FROM ALL OF US WITH TPD AND
12:03:51 OTHERS TO THE POINT WHEREBY WE FELT LIKE WE WERE TAKING
12:03:54 THEM AWAY FROM OTHER THINGS THEY SHOULD BE DOING, AND IN
12:03:57 FACT WE AS THE RESIDENTS WERE SUBMITTING DAILY INCIDENT
12:04:00 REPORTS EVERY DAY FOR WHAT HAS HAPPENED.
12:04:02 THE NIGHT BEFORE.
12:04:03 AND I AM NOT THE ONLY PERSON HERE, BUT I HAD CALLS AND
12:04:07 COMMUNICATION ON AT LEAST SIX OF THE DAYS THAT MRS.
12:04:11 JOHNSON-VELEZ REFERENCED THIS EVENING.
12:04:13 I THINK IN REGARD TO MOLE'S REACTION THEY WERE COMPLETELY
12:04:16 NONRESPONSIVE TO RESIDENT INPUT, THEY EVEN HAD A MEETING
12:04:19 WITH THE THREE HOA PRESIDENTS OF OUR BUILDINGS AT WHICH
12:04:23 NOTHING ACTUALLY HAPPENED, AND INSTEAD, MR. KOENIG
12:04:26 ANDERSON AND THEIR -- MR. BISANTE USED LANGUAGE TO TAUNT
12:04:34 THE RESIDENTS WHICH IS REALLY UNACCEPTABLE.
12:04:37 THE RESULT FOR ALL OF US WAS AN ONGOING DISCUSSION OF OUR
12:04:40 NEIGHBORHOOD QUALITY OF LIFE, PUBLIC TRASH, AND THE
12:04:46 OVERALL ADD SOME PERSPECTIVE TENANTS TO RENT OFFICE SPACE
12:04:53 ACROSS THE STREET.
12:04:54 AND MOLE AND MR. KOENIG PLANNED TO ELIMINATE THE BAD
12:05:00 APPLES, BUT LOOK AT 2.0 LLC, WHICH IS LISTED AS BEING
12:05:05 SOLELY OCCUPIED BY MR. BISCANTE ANDERSON IS A 30% OWNER
12:05:13 IN THE CORPORATE STRUCTURE.
12:05:16 SO I MIGHT POINT OUT EVEN THE PETITIONER'S BUSINESS
12:05:19 PARTNERS AND THE GUYS AND TWO GOONS, LOOK AT HOW THEY
12:05:23 HAVE CHOSEN THEIR LLC IF THAT DOESN'T GIVE YOU AN.
12:05:28 SO HE REPEATEDLY A CERTIFICATED -- WHAT WE WANT IS A
12:05:35 BUSINESS THAT OPERATES WITHIN DEFINED GUIDELINES AND
12:05:37 DOESN'T ADVERSELY AFFECT THE NEIGHBORHOOD, AND THAT'S
12:05:40 EXACTLY WHAT FLY BAR WAS.
12:05:41 AND SO, THEREFORE, I'M IN COMPLETE OPPOSITION TO THE
12:05:44 PETITIONER BEING GRANTED THE PERMITS THEY ARE REQUESTING,
12:05:47 AND IN FACT I THINK IT WOULD DO GOOD FOR THE COUNCIL TO
12:05:50 TAKE A LOOK AT HYDE PARK VILLAGE, AN EXAMPLE OF HOW
12:05:54 RESTAURANTS AND BARS CAN COEXIST WITH RESIDENTIAL
12:05:59 PROPERTY.
12:05:59 THOSE ARE BUSINESSES AND THE RESTAURANT CALLED MEAT
12:06:02 MARKET IS PROBABLY THE CLOSEST THING YOU MIGHT FIND TO
12:06:04 WHAT MOLE WAS.
12:06:06 THAT BUSINESS CLOSES AT 12 A.M. COMPLETELY AND ACTUALLY
12:06:08 DOES QUITE WELL FINANCIALLY WITHOUT DISRUPTING THE
12:06:11 QUALITY OF LIFE FOR THE RESIDENTS.
12:06:12 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:06:13 >> THAT IS A SECOND THING TO LOOK AT.
12:06:16 AND I APPRECIATE THE TIME TO ADDRESS YOU ALL THIS
12:06:18 EVENING.
12:06:18 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:06:19 JENNIFER JONES.
12:06:19 >> MY NAME IS JENNIFER JONES. I LIVE AT 1229 NORTH
12:06:25 FRANKLIN STREET, AND I AM SPEAKING ON BEHALF OF THE
12:06:28 HOMEOWNERS ASSOCIATION OF THE ARLINGTON, WHICH IS MY
12:06:31 BUILDING WHERE I LIVE, AND I AM A PROPERTY OWNER.
12:06:34 I WOULD ECHO THE THINGS THAT YOU HAVE ALREADY HEARD.
12:06:36 I AM NOT GOING TO REPEAT THOSE.
12:06:38 THEY ARE ALL TRUE.
12:06:39 IT WAS A TERRIBLE SITUATION FOR THOSE OF US THAT LIVE IN
12:06:43 THESE BUILDINGS.
12:06:45 AND BEGINNING THE MAY AND ALL THE WAY THROUGH MAY.
12:06:49 MOLE'S OPERATION IN MAY MADE LIFE MISERABLE FOR THE
12:06:52 RESIDENTS.
12:06:53 AND WHEN I SAY MISERABLE I AM GOING TO GIVE YOU SOME
12:06:56 SPECIFIC EXAMPLES THAT I PERSONALLY WITNESSED MYSELF.
12:06:59 ON TUESDAY, A TUESDAY, MAY 12, ABOUT 12:30 IN THE
12:07:02 MORNING, I SAT STRAIGHT UP IN BED, WAS WOKEN FROM A DEAD
12:07:06 SLEEP BECAUSE OF AN AIR HORN THAT THE DJ WAS PLAYING ON
12:07:09 THE ROOF, AND CAME ON A SPEAKER AND STARTED TALKING.
12:07:13 THOSE ARE THE TYPES OF THINGS THAT WERE HAPPENING.
12:07:15 ON SATURDAY, MAY 16th, I HAD PEOPLE ON THE BACKSIDE
12:07:18 OF OUR BUILDING, TWO DIFFERENT UNITS, ON THE BACKSIDE,
12:07:22 FAR AWAY FROM MOLE THAT WERE WOKEN UP IN THE MIDDLE OF
12:07:24 THE NIGHT BY THE NOISE.
12:07:26 THAT'S HOW LOUD IT WAS.
12:07:28 THE RESIDENTS COMPLAINED IN THAT WE CAN BECAUSE THE
12:07:31 NOISE, THE TRASH, BECAUSE OF THE CROWD.
12:07:33 ON THURSDAY, THE 21st OF MAY, THERE WERE SCREECHING
12:07:37 TIRES.
12:07:37 THERE WAS A LOUD CROWD.
12:07:39 IT WHATS ALL HAPPENING AT MIDNIGHT THAT WOKE ME UP
12:07:41 PERSONALLY.
12:07:42 ON SATURDAY, MAY 23rd, AROUND 2:30 IN THE MORNING,
12:07:46 THE BUILDINGS HAD SET UP DIFFERENT CODE AREAS TO TRY TO
12:07:49 KEEP THESE UNRULY CROWD OUT OURSELVES FROM DRIVEWAY AND
12:07:54 PLACES THEY SHOULDN'T BE.
12:07:55 I PERSONALLY WITNESSED PEOPLE FROM MOLE, THEIR CROWD,
12:07:59 MOVING THOSE CONES OUT OF THE WAY SO THEY COULD THEN TAKE
12:08:02 ADVANTAGE OF PARKING LOTS THEY WEREN'T SUPPOSED TO BE IN,
12:08:06 PARTY OUTSIDE THEIR CARS WITH WHAT APPEARED TO BE
12:08:08 ALCOHOLIC BEVERAGES, NOT INSIDE THAT RESTAURANT AT ALL,
12:08:11 LOUDLY SCREAMING, PLAYING MUSIC DURING THE WHOLE THING.
12:08:15 ON TUESDAY, ANOTHER TUESDAY, THE 26th, I WAS WOKEN UP
12:08:20 MYSELF AND I WAS SO ANGRY THAT NIGHT I MARCHED OVER THERE
12:08:23 AND DEMANDED TO SPEAK TO THE OWNERS. I WAS MAD AS A
12:08:27 HORNET AND I MEAN MAD.
12:08:28 BY THIS TIME, WHAT YOU HAVE TO UNDERSTAND IS THAT WE
12:08:30 DIDN'T KNOW WHAT NIGHT IT WAS GOING TO HAPPEN, WE DIDN'T
12:08:33 NOBODY HOW BAD IT WAS GOING TO BE AND THE ANXIETY LEVELS
12:08:36 TO ANTICIPATE WHAT WAS GOING TO HAPPEN WERE UNBEARABLE.
12:08:39 A LOT OF US ARE PROFESSIONALS. WE ACTUAL JOBS THAT WE
12:08:42 HAVE TO DO NINE TO FIVE HOURS AND THIS WAS UNACCEPTABLE.
12:08:47 ON FRIDAY, MAY 29th I WAS WOKEN UP TWICE DURING THE
12:08:52 NIGHT AND A LOT OF US WENT OUT SIDE.
12:08:54 WE HEARD A FIGHT OCCURRING OVER IN THE 717 PARKING LOT,
12:08:57 AND YOU HAVE A VIDEO OF THAT FIGHT AS PART OF YOUR
12:09:01 EXPERIENCE.
12:09:01 SO THAT WE ACTUALLY WITNESSED FROM. MY PATIO I HAVE A
12:09:04 VANTAGE POINTS OF INSIDE THAT BUILDING, AND I WATCHED
12:09:08 WHEN THEY MOVED ALL THE TABLES OUT IT WAS A STANDING ROOM
12:09:12 ONLY NIGHTCLUB, THEY WERE PACKED IN THERE LIKE SARDINES.
12:09:15 IN EXCESS OF THE NUMBER OF PEOPLE THEY WERE PERMITTED
12:09:18 ESPECIALLY AT A 350% CAPACITY.
12:09:20 SO I HAVE PERSONALLY WITNESSED THAT AND I AM TESTIFYING
12:09:23 AS TO THOSE FACTS.
12:09:25 AND ANOTHER STATEMENT ABOUT MR. KOENIG SAYING THE BAD
12:09:32 APPLES ARE SEPARATED.
12:09:34 HE PROVIDED NO EVIDENCE OF THAT.
12:09:35 ALL TOAD DO WAS BRING HIS OWNER, I SUPPOSE, TO TESTIFY
12:09:38 THAT THE PEOPLE THAT ALLEGEDLY CAUSED ALL THESE PROBLEMS
12:09:41 ARE NO LONGER INVOLVED.
12:09:43 WE DON'T HAVE ANY EVIDENCE WHATSOEVER THAT THAT'S
12:09:45 ACTUALLY HAPPENED AND ALL WE HAVE IS A STATEMENT BY THE
12:09:48 ATTORNEY, OH, YEAH, THEY ARE NO LONGER INVOLVED.
12:09:50 AS FAR AS WE CAN TELL, THAT'S NOT THE CASE.
12:09:52 WE JUST DON'T HAVE ANY EVIDENCE OF IT A AT ALL.
12:09:55 [BELL SOUNDS]
12:09:55 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:09:56 >> JENNIFER JONES: THANK YOU.
12:10:01 >>GUIDO MANISCALCO: IS THERE ANYONE ELSE ONLINE TO
12:10:03 SPEAK?
12:10:04 >>THE CLERK: NO ONE ELSE IS ONLINE TO SPEAK.
12:10:07 THAT CONCLUDE THE REGISTERED SPEAKERS.
12:10:08 >>GUIDO MANISCALCO: THANK YOU.
12:10:09 IS THERE ANYBODY ELSE IN THE AUDIENCE HEAR TO SPEAK ON
12:10:12 MOLE Y ABUELA?
12:10:12 COME ON UP.
12:10:13 >> BOY, IT'S LATE.
12:10:24 MY NAME IS MICHAEL LANDRY.
12:10:26 I LIVE AT 1108 NORTH FRANKLIN STREET WHICH IS RIGHT NEXT
12:10:29 TO THE MOLE.
12:10:31 AND I RESPECTFULLY URGE THE COUNCIL TO REVOKE.
12:10:37 I KNOW THAT'S NOT POSSIBLE, BUT TO REVOKE MOLE'S LICENSE,
12:10:42 THEIR ALCOHOL PERMIT.
12:10:44 AS WE HAVE HEARD TONIGHT, EMPLOYEES HAVE TOLD TPD
12:10:47 OFFICERS THEY WOULD COMPLY NUMEROUS TIMES, YET STILL
12:10:50 REPEATEDLY VIOLATED VARIANCE ORDINANCES.
12:10:54 THEY CLEARLY HAD NO INTENTION OF FOLLOWING THE LAW.
12:10:56 THIS ONGOING BEHAVIOR JUST SHOWS LACK OF RESPECT FOR THE
12:10:59 LAW AND THEY DEMONSTRATE IT OVER AND OVER THAT THEY ARE
12:11:04 NOT RESPONSIBLE ENOUGH TO OPERATE A BUSINESS OF THIS
12:11:07 TYPE, AND ASIDE FROM ECHOING EVERYTHING THAT EVERYBODY
12:11:14 ELSE HAS SAID, THAT'S ALL I HAVE GOT.
12:11:17 THANK YOU VERY MUCH.
12:11:17 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:11:18 NEXT SPEAKER AND PLEASE USE THE OPPOSITE LECTERN.
12:11:23 THANK YOU.
12:11:23 >> MY NAME IS VICTOR TURDANO, NORTH FRANKLIN STREET RIGHT
12:11:32 ACROSS THE STREET FROM MOLE Y ABUELA.
12:11:34 I WOULD LIKE TO IN ANY CASE SHORT AND MOSQUITO.
12:11:36 I WOULDN'T HAVE SAT HERE FOR SEVEN HOURS AND LISTENED TO
12:11:39 EVERYBODY ELSE'S PROBLEMS AND COMPLAINTS IF THIS WASN'T A
12:11:42 BIG DEAL.
12:11:43 IT IS A BIG DEAL.
12:11:45 MY WIFE AND I HAVE LIVED ON 1108 NORTH FRANKLIN FOR FIVE
12:11:51 YEARS.
12:11:52 WE FIRST MOVED THERE, THE FLY BAR WAS AWESOME, LIKE THE
12:11:55 CHEERS OF THE BLOCK.
12:11:56 AND THEN AS SOON AS MOLE TOOK OVER, EVERYTHING AS YOU
12:11:58 HEARD TONIGHT KIND OF CHANGED.
12:12:01 SO I'M IN OPPOSITION TO EVEN GIVE THEM A SUSPENSION.
12:12:05 I WOULD LIKE A REVOCATION OF THEIR LICENSE.
12:12:09 WITH HAVING A LIQUOR LICENSE COMES A RESPONSIBILITY THAT
12:12:11 YOU ALL ACKNOWLEDGED THIS EVENING AND THEY ARE NOT
12:12:14 RESPONSIBLE IN USING LIQUOR IN YOUR BUILDING. THEY
12:12:21 CLEARLY DID NOT POLICE ANYTHING AT ALL.
12:12:23 SO THE OTHER THING I WOULD LIKE TO SAY TO MR. KOENIG IS
12:12:29 IT TOOK ME TODAY TWO PHONE CALLS TO FIND OUT THE
12:12:32 FOOTPRINT FOR THE ALCOHOL ZONING, JUST TWO PHONE CALLS TO
12:12:36 THE CITY.
12:12:37 I GOT THE ANSWER THAT THE FOOTPRINT ON THE ROOF WAS NOT
12:12:41 ZONED, AND THAT THE OUTSIDE SIDEWALK AREA WAS ALSO NOT
12:12:45 ZONED.
12:12:45 IT TOOK ME SERIOUSLY 20 MINUTES TO FIND OUT THAT
12:12:49 INFORMATION.
12:12:49 SO I JUST WANT TO BRING THAT TO ALL YOUR ATTENTION, THAT
12:12:52 IT WASN'T VERY, VERY HARD TO FIND OUT THAT INFORMATION.
12:12:56 AND I JUST WOULD LIKE TO STAY THANK YOU FOR TAKING THIS
12:12:59 INTO CONSIDERATION.
12:13:00 >>GUIDO MANISCALCO: THANK YOU.
12:13:01 NEXT SPEAKER.
12:13:02 >> GOOD EVENING.
12:13:09 MY NAME IS [DISTORTION] -- AND MY HUSBAND HENRY AND I
12:13:14 LIVE AT THE RESIDENCE OF FRANKLIN STREET AT 1108 NORTH
12:13:18 FRANKLIN STREET.
12:13:19 WE OWN OUR CONDOMINIUM.
12:13:20 OUR CONDOMINIUM BUILDING IS LOCATED ON THE SOUTHWEST
12:13:23 CORNER OF FRANKLIN STREET AND LAUREL STREET.
12:13:30 MOLE IS ACROSS THE STREET OF FRANKLIN STREET.
12:13:34 OUR CONDOMINIUM IS ON THE FOURTH FLOOR, AND MOLE ROOFTOP
12:13:40 BAR.
12:13:40 I URGE YOU TO REVOKE THE SPECIAL USE PERMIT THAT MOLE AND
12:13:45 THE BAR HOLDS FOR SEVERAL REASONS.
12:13:48 A SPECIAL USE PERMIT IS INDEED SPECIAL IN THAT IT IS
12:13:53 PERMISSION TO OPERATE.
12:13:55 IN THIS CASE, A RESTAURANT SERVING ALCOHOLIC BEVERAGES,
12:14:00 IT IS NOT PERMISSION TO OPERATE A NIGHTCLUB TO DISTURB
12:14:04 THE NEIGHBORS.
12:14:05 PRIMARILY, A SPECIAL USE PERMIT IS A PRIVILEGE, NOT A
12:14:12 RIGHT.
12:14:14 WHEN THIS PRIVILEGE IS ABUSED, IT SHOULD BE REVOKED BY
12:14:17 THE CITY COUNCIL.
12:14:19 YOU GRANT THE PRIVILEGE SO YOU SHOULD REVOKE THE
12:14:24 PRIVILEGE IN THIS CASE.
12:14:26 THIS IS A VERY SIMPLE ISSUE AND A VERY SIMPLE SOLUTION.
12:14:30 YOU RECEIVED EXTENSIVE, COMPETENT, SUBSTANTIAL EVIDENCE
12:14:37 PROVING THAT MOLE Y ABUELA WAS ABUSING ITS PRIVILEGE
12:14:42 AFTER REPEATED WARNINGS TO COMPLY WITH THE LAW,
12:14:46 PARTICULARLY IN THE MID OF THE COVID-19 PANDEMIC.
12:14:50 IT IS ESPECIALLY DISTRESSING TO ME AND MY HUSBAND THAT
12:14:53 THIS PRIVILEGE WAS ABUSED DURING THE PANDEMIC WHEN THE
12:14:58 RISK TO PUBLIC HEALTH, SAFETY AND WELFARE WERE
12:15:01 PARTICULARLY HIGH.
12:15:02 OUR POLICE FORCES WERE STRETCHED TO THE LIMIT, AND THE
12:15:06 OPERATORS OF MOLE Y ABUELA KNEW BETTER THAN TO ENCOURAGE
12:15:11 THE ABUSE OF THEIR PRIVILEGE.
12:15:15 MOLE Y ABUELA CHOSE NOT TO COMPLY WITH THE RULES AND
12:15:17 ACTUALLY WAS OPERATING AS A NIGHTCLUB.
12:15:20 THEREFORE, MOLE Y ABUELA SHOULD NO LONGER BE ENTITLED TO
12:15:24 ENJOY THE PRIVILEGE OF SERVING ALCOHOLIC BEVERAGES, AND
12:15:29 THEREFORE CITY COUNCIL AS THE REPRESENTATIVE OF THE
12:15:32 PEOPLE AND THE GRANTER OF THIS PRIVILEGE SHOULD BE
12:15:37 REVOKED, HE SPECIAL USE PERMIT.
12:15:42 THANK YOU.
12:15:42 AND I WOULD LIKE TO GIVE THIS STATEMENT AND A COPY OF THE
12:15:47 LETTER THAT MY NEIGHBOR AMANDA SMITH HE MAILED TO YOU ALL
12:15:50 INTO THE RECORD.
12:15:52 >>GUIDO MANISCALCO: MR. CREW, WOULD YOU TAKE IT?
12:15:55 YES, MA'AM.
12:15:56 THANK YOU VERY MUCH.
12:15:56 IS THERE ANYBODY ELSE THAT WISHES TO SPEAK?
12:15:58 OKAY.
12:15:59 THAT CONCLUDES OUR PUBLIC COMMENT.
12:16:02 COUNCILMAN DINGFELDER.
12:16:03 >>JOHN DINGFELDER: CARLA AND YOUR NEIGHBORS, I KNOW YOU
12:16:09 HAVE BEEN SITTING HERE ALL NIGHT, AND WE APPRECIATE YOUR
12:16:12 PATIENCE.
12:16:14 I ASKED A VERY POINTED QUESTION TO OUR LEGAL COUNSEL, AND
12:16:18 I AM SURE YOU RESPECT THEIR OPINIONS, THAT WE ARE LIMITED
12:16:26 LEGALLY, IN OUR ORDINANCE, TO A MAXIMUM OF 30 DAY
12:16:30 SUSPENSION.
12:16:31 SO NO MATTER HOW WE FEEL ABOUT THE EVIDENCE AND
12:16:34 EVERYTHING ELSE, WE ARE CONSTRAINED BY THAT.
12:16:36 ANYTHING ELSE, ANYTHING MORE THAN THAT WOULD BE ILLEGAL.
12:16:39 SO I JUST HOPE YOU UNDERSTAND THAT.
12:16:42 >> CARLA: MAY I COMMENT?
12:16:45 I APPRECIATE YOU SAYING THAT.
12:16:46 I JUST WANTED TO MAKE THE POINT OF HOW SERIOUS WE ALL
12:16:50 FEEL ABOUT THIS.
12:16:52 SO I THANK YOU FOR YOUR COMMENTS.
12:16:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:16:56 COUNCILMAN VIERA.
12:16:58 >>LUIS VIERA: THANK YOU VERY MUCH, MR. CHAIR.
12:16:59 I JUST WANT TO SAY, I SERVED ON CITY COUNCIL FOR FOUR
12:17:02 YEARS, AND THIS IS PROBABLY THE GROUP IN PUBLIC COMMENT
12:17:07 ON A LAND USE ZONING, WHATEVER ISSUE THAT -- HOW CAN I
12:17:13 SAY IT -- THAT HAS MOST AFFECTED ME BECAUSE PEOPLE DURING
12:17:17 THE PANDEMIC, JUST BEING SO AFFECTED AND STAYING UP TO
12:17:22 THIS HOUR, MANY OF YOU COME IN HERE LIVE, BUT I WILL BE
12:17:26 FRANK, THE FRO TWO INDIVIDUAL WHO ARE DOCTORS, I THINK
12:17:30 EVERYBODY THOUGHT THE SAME THING, WHICH IS HERE WE HAVE
12:17:34 WHAT APPEARS TO BE A BAD ACTOR, WHAT APPEARS TO BE A BAD
12:17:37 ACTOR, EXACERBATING OR WORSENING THINGS DURING THE
12:17:42 PANDEMIC, AND YOU HAVE DOCTORS BEING AFFECTED, FRONT LINE
12:17:45 MEDICAL WORKERS, AND YOU HAVE COPS AND FIREFIGHTERS.
12:17:48 I THINK EACH DEPARTMENT, I MAY BE WRONG, HAS HAD 70, 80
12:17:54 PEOPLE OUT BECAUSE OF COVID, HAVING TO BE ON THE FRONT
12:17:57 LINE AND JUST IT AFFECTED ME A LOT WITH REGARDS TO BE
12:18:01 WHAT WE CAN DO.
12:18:03 I'M CERTAINLY ON BOARD TO DOING EVERYTHING WE CAN DO, TO
12:18:07 QUOTE OUR FRIEND COUNCILMAN GUDES, DON'T TELL ME WHAT YOU
12:18:10 CAN'T DO, TELL ME WHAT YOU CAN DO, AND THERE ARE THINGS
12:18:13 THAT WE CAN DO.
12:18:14 SO HOPE YOU DON'T MIND ME BORROWING THAT, SIR.
12:18:17 THANK YOU VERY MUCH, MR. CHAIR.
12:18:18 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:18:19 ANYBODY ELSE?
12:18:22 ALL RIGHT.
12:18:24 MS. JOHNSON-VELEZ, IS IT NOW JUST THE DECISION ON
12:18:27 COUNCIL, COUNCIL'S DECISION OF WHAT TO DO?
12:18:32 >>SUSAN JOHNSON-VELEZ: YES, SIR.
12:18:34 >>GUIDO MANISCALCO: MAY I GET A MOTION TO CLOSE PUBLIC
12:18:36 COMMENT?
12:18:36 >> SO MOVED.
12:18:37 >>CHARLIE MIRANDA: I JUST WANT TO ASK ONE QUESTION, MS.
12:18:40 VELEZ. CAN YOU TELL US FOR THE RECORD WHAT TYPE OF
12:18:43 LIQUOR LICENSE THEY HAVE?
12:18:44 >>SUSAN JOHNSON-VELEZ: THEY HAVE A BAR/LOUNGE LICENSE.
12:18:50 THE WAY IT THE FLY BAR, WHEN THE OWNER OF THE FLY BAR
12:18:54 CAME IN, IT WAS LICENSED AS A BAR LOUNGE, BUT THE
12:18:58 CONDITION WAS PLACED ON THE PERMIT THAT REQUIRED THEM TO
12:19:03 BE ABLE TO SELL AND SERVE FOOD AT ALL TIMES THAT THEY
12:19:06 WERE OPEN.
12:19:06 >>CHARLIE MIRANDA: SO IS THAT A 51-49 OR STRAIGHT
12:19:12 ALCOHOL?
12:19:13 >>SUSAN JOHNSON-VELEZ: IT IS NOT.
12:19:14 THAT WOULD BE A RESTAURANT LICENSE.
12:19:15 >>CHARLIE MIRANDA: I WANTED TO MAKE SURE.
12:19:18 THANK YOU VERY MUCH.
12:19:18 >>GUIDO MANISCALCO: AND I DIDN'T ASK THE ATTORNEY, DID
12:19:23 YOU HAVE ANY REBUTTAL OR ANYTHING AT THIS POINT?
12:19:30 >> [OFF MICROPHONE]
12:19:34 >>ORLANDO GUDES: WHATEVER BODY -- DECISION THIS BODY
12:19:37 MAKES, COULD A REPORT BE SENT TO ALCOHOLIC BEVERAGES IN
12:19:40 REGARD TO DISCIPLINE, IN REFERENCE TO THE PETITIONER?
12:19:45 >>SUSAN JOHNSON-VELEZ: WE CAN CERTAINLY DON THAT.
12:19:48 STAFF TO DO THAT.
12:19:49 >>ORLANDO GUDES: I KNOW IT'S TWO SEPARATE THINGS THAT WE
12:19:53 IMPOSE WHATEVER SANCTIONS TODAY, BUT MY CONCERN IS
12:19:56 TOMORROW, THE SPECIAL USE IS GOING FORWARD.
12:20:02 MAYBE AT A TIME THAT COUNCIL COME BACK AND REVIEW OUR
12:20:06 ORDINANCES IN REFERENCE TO IF SOMEONE IS GOING TO HAVE
12:20:09 SOME DISCIPLINE IMPOSED ON A 30 DAY DISCIPLINE, THAT THEY
12:20:14 MAY NOT BE GRANTED ANYTHING UNTIL IT'S DONE.
12:20:19 I THINK TO ME, IT'S LIKE A DOUBLE EDGE SWORD AGAIN.
12:20:24 I MIGHT GIVE YOU 30 DAYS, BUT A WEEK, ARE YOU STILL
12:20:29 APPLYING FOR A SPECIAL USE PERMIT?
12:20:31 THAT MAKES NO SENSE TO ME.
12:20:32 I'M ALLOWING YOU TO APPLY, BUT RIGHT NOW YOU ARE BEING
12:20:35 DISCIPLINED OR YOU ARE UNDER SANCTIONS POSSIBLY, BUT
12:20:39 WE'LL LET YOU APPLY.
12:20:40 I THINK THIS COUNCIL NEEDS TO LOOK AT IT IN THE FUTURE
12:20:43 AND LEGAL AND COME BACK WITH US WITH SOMETHING.
12:20:45 I THINK THAT NEED TO CHANGE.
12:20:48 >>SUSAN JOHNSON-VELEZ: CERTAINLY.
12:20:49 WE CAN DO THAT AS WELL.
12:20:50 IF I MAY SUGGEST, AS YOU MIGHT RECALL AT THE BEGINNING I
12:20:53 KIND OF READ TO YOU FROM THE LAND DEVELOPMENT CODE
12:20:56 SECTION ABOUT WHAT YOU NEEDED TO DO FOR THIS HEARING.
12:21:00 SO AS YOU CONSIDER THIS, YOU CONSIDER, SO THE FIRST THING
12:21:05 THAT COUNCIL NEED TO CONSIDER IS WHETHER BASED ON THE
12:21:07 EVIDENCE AND TESTIMONY YOU HAVE HEARD AND RECEIVED
12:21:09 TONIGHT, YOU BELIEVE THERE HAS BEEN A VIOLATION OF ANY
12:21:13 ONE OF THAT LAUNDRY LIST OF ITEMS THAT I READ TO YOU, AND
12:21:17 I BELIEVE THAT WE HAVE PRESENTED EVIDENCE AND TESTIMONY
12:21:21 FROM BOTH THE CITY STAFF AS WELL AS THE RESIDENTS THAT
12:21:25 SHOWS THAT OPERATION OF THE ESTABLISHMENT HAS BEEN NO
12:21:29 MANNER THAT REPEATEDLY OR ON GOING BASIS THAT HAS
12:21:33 NEGATIVE EFFECTS ON THE SURROUNDING PROPERTY.
12:21:35 YOU HEARD THE SIGNIFICANT TESTIMONY OF THE SURROUNDING
12:21:38 PROPERTY OWNERS.
12:21:40 I BELIEVE WE HAVE ALSO ESTABLISHED THAT THE ESTABLISHMENT
12:21:43 FAILED TO COMPLY WITH PROVISIONS OF THE FIRE PREVENTION
12:21:46 ORDINANCE AS TESTIFIED TO BY INVESTIGATOR BRAZETTI, AND
12:21:52 THEN FAILING TO COMPLY WITH PROVISIONS OF HEALTH AND
12:21:54 SANITATION ORDINANCES AS BEING SPECIFICALLY THE COVID
12:21:58 EXECUTIVE ORDERS WITH THE COVID GUIDELINES THAT AS I
12:22:01 STATED EARLIER UNDER STATE LAW, BECAUSE THEY WERE ISSUED
12:22:04 UNDER A STATED OF EMERGENCY, HAD THE FORCE AND EFFECT OF
12:22:07 LAW.
12:22:07 SO THE FIRST STEP WOULD BE TO DETERMINE WHETHER THERE ARE
12:22:10 VIOLATIONS, AND THEN THE SECOND STEP WOULD BE TO
12:22:12 DETERMINE WHAT PENALTY YOU WOULD LIKE TO IMPOSE WITHIN
12:22:17 THE CONFINES OF THE CODE.
12:22:18 >>ORLANDO GUDES: I HAVE BEEN LOOKING FOR THAT SHEET AND
12:22:27 I CAN'T FIND IT IN THE MY MATERIAL.
12:22:30 >>SUSAN JOHNSON-VELEZ: IF I MAY JUST SAY ONE MORE THING.
12:22:35 AND I UNDERSTAND YOUR CONCERN.
12:22:36 WHAT I WOULD ALSO SUGGEST, BECAUSE OF THE SITUATION THAT
12:22:39 WE HAVE HEAR WITH THE PENDING SPECIAL USE APPLICATIONS,
12:22:43 WHAT I WOULD SUGGEST, EVEN THOUGH THEY ARE INDEPENDENT,
12:22:46 IF YOU DECIDE TO IMPOSE A SANCTION OR SUSPEND ALCOHOLIC
12:22:50 BEVERAGE SALES, THAT YOU DO SO WITH RESPECT TO THE
12:22:52 PROPERTY, TO THIS LOCATION, 1202 NORTH FRANKLIN, AND THAT
12:22:56 WAY, WHETHER IT'S THE EXISTING SPECIAL USE PERMIT OR
12:23:00 ALCOHOLIC SALES WOULD BE SUSPENDED FOR WHATEVER TIME YOU
12:23:04 WOULD DETERMINE WOULD BE APPROPRIATE.
12:23:07 AND NOT TIED TO ANY SPECIFIC SPECIAL USE PERMIT.
12:23:10 >>ORLANDO GUDES: UP TO 30 DAYS, CORRECT?
12:23:16 >>SUSAN JOHNSON-VELEZ: FOR A FIRST VIOLATION, THAT'S
12:23:17 CORRECT.
12:23:17 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
12:23:19 >>JOHN DINGFELDER: MR. CHAIRMAN, IF YOU WANT TO
12:23:22 ENTERTAIN A MOTION I WILL BE GLAD TO MAKE IT.
12:23:24 >>THE CLERK: THE PUBLIC HEARING HAS NOT BEEN CLOSED.
12:23:28 >>ORLANDO GUDES: MOVE TO CLOSE.
12:23:32 >>GUIDO MANISCALCO: MOTION TO CLOSE FROM GUDES.
12:23:34 RESPECTED FROM COUNCILMAN MIRANDA.
12:23:35 ALL IN FAVOR?
12:23:37 PUBLIC HEARING IS NOW CLOSED.
12:23:38 GO AHEAD, COUNCILMAN DINGFELDER.
12:23:39 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
12:23:42 THANK YOU, MS. JOHNSON-VELEZ FOR ALL YOUR WORK ON THIS.
12:23:49 MR. CHAIRMAN, I WOULD LIKE TO MAKE A MOTION TO SUSPEND
12:23:52 THE SALE OF ALCOHOLIC BEVERAGES PURSUANT TO SECTION
12:23:56 27-318, CITY OF TAMPA LAND DEVELOPMENT CODE, FOR PROPERTY
12:24:01 LOCATED AT 1202 NORTH FRANKLIN STREET, AND SPECIFICALLY
12:24:08 MAKE FINDINGS THAT BASED UPON THE EVIDENCE THAT WE HAVE
12:24:12 HEARD FROM TAMPA POLICE DEPARTMENT, TAMPA FIRE RESCUE, AS
12:24:19 WELL AS THE CITIZENS LIVING ADJACENT TO THE PROPERTY, AND
12:24:25 OBSERVING FIRST HAND THE ACTIVITIES WITHIN THE
12:24:29 ESTABLISHMENT KNOWN AS MOLE Y ABUELA, GENERALLY FROM MAY,
12:24:40 APPROXIMATELY THE ENTIRE MONTH OF MAY, REALLY, APPEARS
12:24:43 ACCORDING TO THE TESTIMONY THAT WE HEARD, MAY 5th
12:24:49 INFLUENCE THE END OF MAY, MAY 29th, AT WHICH POINT IT
12:24:55 APPEARS THAT THE RESTAURANT OR THE ESTABLISHMENT CLOSED
12:24:58 DOWN VOLUNTARILY.
12:25:02 BUT ANYWAY, BASED UPON THE EVIDENCE THAT WE HEARD, I DO
12:25:07 BELIEVE THAT IT'S CLEARLY BEEN ESTABLISHED, AND REALLY
12:25:11 WITH ALL DUE RESPECT, UNCONTROVERTED BY THE
12:25:15 ESTABLISHMENT'S ATTORNEY, THAT THEY VIOLATED NOT ONLY THE
12:25:24 CITY CODE, VARIOUS SECTIONS INCLUDING 27-130, AND I WILL
12:25:32 GET INTO THAT IN A SECOND -- BUT ALSO THE MAYOR'S
12:25:40 EXECUTIVE ORDERS AS WELL AS THE GOVERNOR'S EXECUTIVE
12:25:42 ORDERS DURING THE PUBLIC HEALTH EMERGENCY.
12:25:49 AND SPECIFICALLY, SPECIFICALLY, MY MOTION WILL INCLUDE
12:25:57 VIOLATIONS OF SECTION 27-318 (B) WHICH IS THAT THEY HAVE
12:26:09 BEEN MAINTAINING A NUISANCE ON THE PROPERTY, (C) WHICH IS
12:26:14 THEY HAVE BEEN ENGAGING OR PERMITTING DISORDERLY CONDUCT
12:26:17 ON THE PROPERTY, (D) THAT THEY HAVE BEEN OPERATING AN
12:26:24 ESTABLISHMENT REPEATEDLY AND ON GOING BASIS HAS NEGATIVE
12:26:28 SECONDARY EFFECTS ON THE SURROUNDING PROPERTY, (E) THAT
12:26:33 THEY FAILED TO COMPLY WITH OF THE PROVISIONS OF FIRE
12:26:37 PREVENTION ORDINANCE, I THINK THAT'S AS RELATED TO THE
12:26:41 FIRE ESCAPE ISSUE, (F) THEY FAILED TO COMPLY WITH CERTAIN
12:26:45 HEALTH AND SANITATION ORDINANCES OF THE CITY, COUNTY AND
12:26:49 STATE, AND THEN (N) AS IN NANCY, THAT THEY VIOLATED OTHER
12:26:58 CONDITIONS OF CHAPTER 27 THAT WERE IMPOSED BY CITY
12:27:05 COUNCIL PURSUANT TO OUR ALCOHOLIC BEVERAGE CODE, AND
12:27:12 SPECIFICALLY, I WOULD NOTE THAT THE EVIDENCE IS CLEAR,
12:27:17 ESPECIALLY FROM THE TPD AND FFR TESTIMONY, THAT THEY
12:27:23 WERE, ONE, THEY REPEATEDLY, DAY AFTER DAY AND WEEK AFTER
12:27:27 WEEK FOR THE ENTIRE MONTH IGNORED THOSE WARNINGS, AND
12:27:31 THAT'S AS RELATED TO NOISE, AS RELATED TO THE SIZE OF
12:27:36 THEIR CROWDS, AS RELATED TO DRINKING ON THE ROOFTOP, AND
12:27:43 THE OTHER VIOLATIONS THAT HAVE BEEN ALLEGED.
12:27:47 >>ORLANDO GUDES: SECOND.
12:27:51 >>JOHN DINGFELDER: WITH THAT I WILL MAKE THE MOTION, AND
12:27:53 I DON'T KNOW IF THERE'S ANYTHING ELSE THAT MR. SHELBY
12:27:58 MIGHT SUGGEST.
12:27:58 >>ORLANDO GUDES: GUDES I WILL ASK, MR. CHAIRMAN THAT IS
12:28:02 FOR THE PROPERTY.
12:28:04 WOULD THAT BE CORRECT, MS. VELEZ?
12:28:08 ON THE PROPERTY.
12:28:09 >>SUSAN JOHNSON-VELEZ: ON THE PROPERTY.
12:28:12 >>ORLANDO GUDES: MR. DINGFELDER, TO THE PROPERTY.
12:28:16 >>JOHN DINGFELDER: CORRECT.
12:28:17 >>MARTIN SHELBY: ALSO PERHAPS AN EFFECTIVE DATE WHEN
12:28:22 THAT 30 DAYS WOULD BEGIN.
12:28:23 >>JOHN DINGFELDER: I WOULD SAY EFFECTIVE TODAY.
12:28:30 WHAT ARE WE ALLOWED, ONE MONTH OR 30 DAYS?
12:28:32 30 DAYS STARTING TODAY?
12:28:38 AND ALSO TO PUT THE PROPERTY OWNER ON NOTICE -- THANK
12:28:44 YOU, MR. GUDES FOR YOUR SECOND -- TO PUT THE PROPERTY ON
12:28:47 NOTICE THAT IT IS THE CITY'S OPINION THAT THERE IS NO --
12:28:53 IF AND WHEN THEY DO REOPEN, 30 DAYS FROM NOW, THAT THERE
12:28:57 IS NO -- LET ME SEE WHAT IT SAYS HERE.
12:29:03 THAT THERE'S NO OPPORTUNITY FOR DRINKING -- HERE IT IS,
12:29:09 USE OF THE ROOFTOP FOR THE SALE AND CONSUMPTION OF
12:29:12 ALCOHOLIC BEVERAGES IS NOT ALLOWED AND MUST CEASE
12:29:16 IMMEDIATELY.
12:29:17 SO I WANT TO INCLUDE IN THIS MOTION THAT WE ARE PUTTING
12:29:21 THE PROPERTY OWNER ON NOTICE THAT EVEN WHEN THEY MIGHT
12:29:25 REOPEN 30 DAYS FROM NOW THAT THE CITY, IT'S THE CITY'S
12:29:30 POSITION THAT THEY DO NOT HAVE PERMISSION, THEY DO NOT
12:29:33 HAVE A LICENSE FOR THE SALE OR CONSUMPTION OF ALCOHOLIC
12:29:37 BEVERAGES ON THE ROOFTOP.
12:29:39 >>GUIDO MANISCALCO: A MOTION FROM COUNCILMAN DINGFELDER.
12:29:44 >>CHARLIE MIRANDA: MAY I ASK FOR CLEARANCE?
12:29:47 I THINK WE OUGHT TO GIVE A CERTAIN DATE.
12:29:50 THAT'S WHAT WE DO AT THE RACETRACK FROM. THIS DATE, YOU
12:29:52 HAVE GOT TO SAY THE DATE, THE DATE, THE 12th TO
12:29:58 JANUARY WHATEVER IT IS, 11th OR WHATEVER.
12:30:01 BUT YOU HAVE GOT TO GIVE THE DATE.
12:30:03 I THINK THERE WOULD BE CLARITY ON THE RECORD.
12:30:05 >>JOHN DINGFELDER: A GREAT IDEA.
12:30:06 >>SUSAN JOHNSON-VELEZ: I AGREE.
12:30:10 THIS HEARING STARTED ON DECEMBER 10th AND IT IS NOW
12:30:14 THE 11th.
12:30:15 >>JOHN DINGFELDER: NOW WE HAVE TO FIGURE OUT WHAT IS 30
12:30:17 DAYS LATER.
12:30:19 >>CHARLIE MIRANDA: I THINK JANUARY 10th BUT I'M NOT
12:30:21 SURE.
12:30:22 >>JOHN DINGFELDER: IF EVERYBODY IS IN AGREEMENT WITH
12:30:26 THAT, THEN THE SUSPENSION WOULD RUN UNTIL JANUARY
12:30:30 10th.
12:30:31 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
12:30:34 DINGFELDER.
12:30:35 WE HAVE A SECOND FROM COUNCILMAN GUDES.
12:30:38 ALL IN FAVOR?
12:30:39 ANY OPPOSED?
12:30:40 >>THE CLERK: CARRIED UNANIMOUSLY WITH CARLSON BEING
12:30:47 ABSENT.
12:30:47 >>MARTIN SHELBY: MR. CHAIRMAN, JUST FOR THE PURPOSES OF
12:30:51 MAKING SURE ALL THE IS ARE DOTTED AND TS ARE CROSSED
12:30:55 BECAUSE THIS IS A FINAL ACTION, A ROLL CALL VOTE, IF YOU
12:30:58 DON'T MIND.
12:30:59 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN GUDES.
12:31:01 ROLL CALL VOTE.
12:31:02 >>LUIS VIERA: YES.
12:31:04 >>ORLANDO GUDES: YES.
12:31:06 >>JOHN DINGFELDER: YES.
12:31:07 >>GUIDO MANISCALCO: YES.
12:31:09 >>JOSEPH CITRO: YES.
12:31:10 >>CHARLIE MIRANDA: YES.
12:31:13 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING
12:31:15 ABSENT.
12:31:16 >>ORLANDO GUDES: MR. CHAIRMAN, MS. VELEZ, AGAIN, WITH
12:31:22 THESE SANCTIONS BEING IMPOSED, IF WE CAN MAKE SURE THAT
12:31:26 WE SUBMIT IT TO THE STATE REFERENCE TO THE VIOLATIONS OF
12:31:31 THE CITY, AND ALSO WE CAN LOOK AT IN THE FUTURE SANCTIONS
12:31:37 IF SOMEONE IS TRYING TO APPLY AND SANCTIONS ARE IMPOSED,
12:31:40 OR UNDER SUSPENSION AT THE TIME.
12:31:44 >>SUSAN JOHNSON-VELEZ: YES, SIR, WE WILL.
12:31:45 THANK YOU VERY MUCH.
12:31:46 >>GUIDO MANISCALCO: IT'S 12:30 A.M. AND WE HAVE THREE
12:31:50 MORE CASES.
12:31:51 ITEM NUMBER 18.
12:31:52 >>RYAN MANASSE: LAND DEVELOPMENT COORDINATION, REZ
12:31:55 20-55.
12:31:57 IT'S FOR THE PROPERTY LOCATED AT 2302 WEST VIRGINIA
12:32:00 AVENUE.
12:32:01 THEY ARE REQUESTING TO GO FROM ZONING CLASSIFICATION
12:32:03 RS-50 TO PD FOR DETACHED SINGLE-FAMILY RESIDENTIAL.
12:32:10 I WILL DEFER TO THE PLANNING COMMISSION.
12:32:11 >>DAVID HEY: PLANNING COMMISSION STAFF.
12:32:13 I HAVE BEEN SWORN.
12:32:14 IF I COULD SHARE MY SCREEN, PLEASE.
12:32:32 IF I COULD SHARE MY SCREEN.
12:32:51 HERE WE GO.
12:32:54 IN RECOGNITION OF THE LATE HOUR, I AM GOING TO BE
12:32:57 EXTREMELY BRIEF.
12:32:59 WE ARE IN THE CENTRAL TAMPA PLANNING DISTRICT.
12:33:03 HERE IS AN AERIAL OF THE SUBJECT SITE.
12:33:05 VIRGINIA, SOUTH OF DR. MARTIN LUTHER KING JR. BOULEVARD,
12:33:11 EAST OF NORTH ARMENIA AVENUE, THE AREA IS PREDOMINANTLY
12:33:16 SINGLE-FAMILY DETACHED.
12:33:17 THE COMMERCIAL ON MARTIN LUTHER KING, AND COMMERCIAL ON
12:33:22 NORTH ARMENIA, THE SUBJECT SITE, AND ALL THE PROPERTIES
12:33:26 AROUND IT ARE THAT RESIDENTIAL 10 FUTURE LAND USE
12:33:30 CATEGORY.
12:33:33 THERE'S MORE INFORMATION WITHIN THE SUBMITTED REPORT, SO
12:33:37 IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW.
12:33:39 BUT OVERALL THE SUBJECT SITE WOULD BE DEVELOPED WITH A
12:33:43 SIMILAR FORM, HEIGHT, SCALE AND PATTERN OF THE
12:33:46 SURROUNDING RESIDENTIAL USES.
12:33:48 AND THE PLANNING COMMISSION STAFF RECOMMENDS THAT THE
12:33:50 REZONING REQUEST BE FOUND CONSISTENT WITH THE PROVISIONS
12:33:54 OF THE IMAGINE 2040 TAMPA COMPREHENSIVE PLAN.
12:33:57 THANK YOU.
12:33:59 >>JOSEPH CITRO: ANY QUESTIONS FOR MR. HEY?
12:34:01 MR. MANASSE?
12:34:03 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
12:34:05 I'LL PUT THE SITE PLAN ON SCREEN FOR YOU.
12:34:07 AGAIN, ITEM NUMBER 18 IS REZ 20-85 FOR PROPERTY LOCATED
12:34:11 AT 2302 WEST VIRGINIA AVENUE.
12:34:14 THERE WERE NO WAIVERS REQUESTED FOR THIS REZONING.
12:34:17 THEY ARE REQUESTING TO GO FROM RESIDENTIAL SINGLE-FAMILY
12:34:20 50 RS-50 TO PD TO A LOWRY PARK FOR TWO SINGLE-FAMILY
12:34:24 DETACHED RESIDENTIAL LOTS.
12:34:25 THE PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF THE
12:34:27 WEST VIRGINIA AVENUE, NORTH HOWARD AVENUE INTERSECTIONS
12:34:31 AND THE PROPERTY CONTAINS PLATTED LOTS, LOTS 1 AND 2 OF
12:34:33 BLOCK 6 OF THE RIO VISTA PLAT, ORIGINALLY ORIENTED WITH
12:34:37 LOT FRONTAGE ON NORTH HOWARD AVENUE WITH EACH LOT
12:34:39 MEASURING 51.2 FEET IN WIDTH AND 95 FEET IN DEPTH.
12:34:43 THE PROPOSED LOT DIMENSIONS ARE 47.5 FEET IN WIDTH AND
12:34:48 102.4 FEET IN DEPTH FOR EACH LOT.
12:34:51 THE PROPOSED LOT AREA IS 4,866 SQUARE FEET WITH LOT
12:34:55 FRONTAGE ON WEST VIRGINIA AVENUE.
12:34:58 THE REQUIRED MINIMUM LOT WIDTH IN THE RS-50 ZONING
12:35:01 DISTRICT IS 50 FEET WITH A 5,000 SQUARE FOOT LOT MINIMUM
12:35:05 AREA.
12:35:05 THE ONLY WAY TO ALLOW FOR THESE TWO BUILDABLE LOTS IS TO
12:35:07 REQUEST A PLANNED DEVELOPMENT AS LOTS HAVE BEEN IN SINGLE
12:35:10 OWNERSHIP WITH ONE WILL NOT MEET THE RS-50 MINIMUM LOT
12:35:14 AREA REQUIREMENT.
12:35:16 THE PROPOSED SETBACKS ARE FRONT 20 FEET FOR THE MAIN
12:35:19 STRUCTURE AND 16 FEET FOR THE FRONT PORCH.
12:35:21 SIDE 6 FEET AND REAR 20 FEET.
12:35:23 THE MAXIMUM BUILDING HEIGHT IS 35 FEET.
12:35:26 PROPERTY IS SURROUNDED BY ZONING DISTRICTS RS-50 TO THE
12:35:29 WEST, NORTH AND EAST AND PD FILE REZ 19-85 TO THE SOUTH
12:35:33 ALL CONSISTING OF SINGLE-FAMILY DETACHED RESIDENTIAL
12:35:36 USES.
12:35:38 STAFF DID DO AN ANALYSIS OF THE DEVELOPMENT PATTERN OF
12:35:41 THE AREA, AND OUTLINED ON PAGE 3 OF YOUR STAFF REPORT.
12:35:46 GOING DOWN THROUGH IT, ORIGINAL, OR WE TOOK PARTS OF THE
12:35:50 SUBDIVISION AS WELL OF THE OVERALL DEVELOPMENT AREA AND
12:35:54 DOWN TO THE LOTS THAT ARE ABUTTING OR THE BLOCKS THAT ARE
12:35:58 ABUTTING TO IT AS WELL AS THE BLOCK FACE.
12:36:01 I WILL READ THE LAST PARAGRAPH ON PAGE 3 PURSUANT TO THE
12:36:06 REVIEW OF THE EXISTING DEVELOPMENT PATTERN, THE SUBJECT
12:36:08 BLOCK CONTAINS 17 TOTAL ZONING LOTS, 15 OR 88% OF THOSE
12:36:13 LOTS HAVE BEEN BUILT WITH A WIDTH OF 50 FEET OR GREATER
12:36:16 AND 2 OR 12% HAVE BEEN DEVELOPED WITH A WIDTH OF 49.9
12:36:21 FEET OR LESS.
12:36:22 THE 2300 BLOCK OF WEST VIRGINIA AVENUE WHICH IS BOTH SIDE
12:36:25 OF THE STREET CONTAIN 16 TOTAL ZONING LOTS.
12:36:28 16 OF THOSE LOTS HAVE BEEN DEVELOPED WITH A WIDTH OF 50
12:36:31 FEET OR GREATER AND ZERO HAVE BEEN DEVELOPED WITH A WIDTH
12:36:34 OF 59.99 FEET OR LESS.
12:36:36 AGAIN, A TOTAL OF ZERO PERCENT OF THOSE SUBJECT BLOCK
12:36:39 FACE HAVE BEEN DEVELOPED WITH A WIDTH OF 49.99 FEET OR
12:36:42 LESS.
12:36:43 WITH THAT BEING SAID, STAFF DID IDENTIFIED THAT 94% OF
12:36:47 THE LOTS IN THE STUDY AREA, 88% OF THOSE,.
12:36:53 SUNSET BLOCK AND 100% OF THE BLOCK FACE AND 2300 BLOCK OF
12:36:59 WEST VIRGINIA AVENUE ARE 50 FEET OR GREATER IN WIDTH.
12:37:02 IN STAFF'S PROFESSIONAL OPINION, HISTORICALLY PLATTED
12:37:05 LOTS WERE GENERALLY 50 FEET IN WIDTH WITH THE CREATION OF
12:37:08 TWO PROPOSED 47.5-FOOT WIDE LOTS WOULD CREATE AN ANOMALY
12:37:14 IN THE WAY THE STUDY AREA WAS ACTUALLY DEVELOPED.
12:37:17 STAFF FIND THE PROPOSED RECONFIGURATION OF THE ORIGINAL
12:37:20 PLATTED LOTS INCONSISTENT WITH THE EXISTING DEVELOPMENT
12:37:23 PATTERN OF THE OVERALL STUDY AREA, LOT FACE AND BLOCK
12:37:31 THERE.
12:37:31 WERE NO HISTORIC LANDMARK STRUCTURES WITHIN THE THOUSAND
12:37:33 FOOT RADIUS THAT WE LOOKED AT.
12:37:35 HERE IS AN AERIAL MAP SHOWING THE SUBJECT PROPERTY
12:37:38 OUTLINED IN RED.
12:37:42 THERE ARE AGAIN DEVELOPMENT COORDINATION DID FIND IT
12:37:44 INCONSISTENT.
12:37:45 THERE ARE SITE PLAN MODIFICATIONS SHOULD THIS BE APPROVED
12:37:48 FOR NATURAL RESOURCES AND URBAN DESIGN AS OUTLINED IN THE
12:37:51 REVISION SHEET OF THE STAFF REPORT.
12:37:57 I WILL SHOW YOU SOME PHOTOS REAL QUICK OF THE AREA.
12:38:00 THERE'S THE SITE.
12:38:04 THE SITE AGAIN.
12:38:07 EAST SIDE.
12:38:08 THIS IS EAST OF THE SITE.
12:38:12 LOOKING DOWN HOWARD.
12:38:16 NORTHWEST CORNER OF KENNEDY.
12:38:19 LOOKING WEST VIRGINIA.
12:38:23 ON VIRGINIA.
12:38:26 NORTHWEST CORNER OF HOWARD AND VIRGINIA.
12:38:28 AND THE NORTHWEST CORNER OF VIRGINIA AND HOWARD.
12:38:34 DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAS REVIEWED THE
12:38:37 APPLICATION.
12:38:37 WE FIND IT INCONSISTENT WITH THE CITY OF TAMPA LAND
12:38:39 DEVELOPMENT CODE.
12:38:40 PLEASE REFERENCE THE FINDINGS BY DEVELOPMENT COORDINATION
12:38:42 RELATED TO THE EXISTING DEVELOPMENT PATTERN IN THE
12:38:44 IMMEDIATE AREA.
12:38:45 AGAIN, IF IT'S THE PLEASURE OF CITY COUNCIL TO APPROVE
12:38:47 THIS APPLICATION, THERE ARE MINOR MODIFICATIONS THAT
12:38:50 WOULD BE REQUIRED BETWEEN FIRST AND SECOND READING AS
12:38:52 STATED IN THE REVISION SHEET.
12:38:54 AND IF YOU WOULD PLEASE INCLUDE THAT IN THE MOTION IF
12:38:57 APPROVED.
12:38:57 STAFF IS AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.
12:38:59 >>JOSEPH CITRO: COUNCILMAN DINGFELDER HAS A QUESTION.
12:39:03 >>GUIDO MANISCALCO: GO AHEAD, SIR.
12:39:04 >>JOHN DINGFELDER: THANK YOU.
12:39:05 RYAN, I APPRECIATE THE WORK YOU GUYS PUT INTO EACH ONE OF
12:39:08 THESE.
12:39:09 BUT IF THEY HAD LEFT THESE LOTS FACING HOWARD, IT WOULD
12:39:18 BE 51 BY 95 IN DEPTH.
12:39:23 WELL, TWO QUESTIONS.
12:39:24 ONE, WHY DIDN'T -- WHY DID THEY REORIENT THESE?
12:39:31 IF IT'S 51 WIDTH AND 95 DEEP.
12:39:35 >>RYAN MANASSE: WE WOULD PROBABLY HAVE TO ASK THE
12:39:42 APPLICANT WHY THEY WERE PRESENTING IT IN THIS FASHION.
12:39:44 >>JOHN DINGFELDER: OKAY.
12:39:45 BUT IF THEY HAD, THEN YOU WOULDN'T HAVE HAD TO DO AN
12:39:51 EVALUATION OF LESS THAN 50.
12:39:53 BUT SINCE THEY TURNED IT 90º, BECAUSE THEY WANTED TO BE
12:39:58 ON WEST VIRGINIA FOR WHATEVER REASON, IT'S STILL THE SAME
12:40:04 TO THE SQUARE FOOTAGE.
12:40:05 THE LOT, THE LOT SQUARE FOOTAGE IS 48.66, 134 SQUARE FEET
12:40:12 SHORT OF THE 5,000 REQUIRED, WHICH IS ONLY 3% LESS.
12:40:17 SO THE WHOLE VALUATION IS BASED UPON THAT TWO AND A HALF
12:40:22 FEET DIFFERENCE?
12:40:25 EACH OF THOSE LOTS IS TWO AND A HALF FEET SHORT?
12:40:28 >>RYAN MANASSE: CORRECT, SIR.
12:40:29 THE REASON FOR THE CONFORMING MAP AGAIN AS YOU STATED IS
12:40:31 BECAUSE OF THE INSUFFICIENT LOT WIDTH.
12:40:35 JUST LOOKING AT THE PLAN, I MEAN, THERE IS A POSSIBILITY
12:40:37 IF THEY WERE TO CUT IT THIS WAY, THAT THIS ACCESS ONTO
12:40:42 HOWARD MAY NOT MEET CORNER CLEARANCE.
12:40:46 I CAN TALK TO JONATHAN ABOUT THAT.
12:40:48 BUT AGAIN I THINK THE APPLICANT CAN EXPLAIN WHY THEY
12:40:50 PROPOSED THIS REZONING IN THIS MANNER.
12:40:52 >>JOHN DINGFELDER: OKAY.
12:40:53 I JUST WANTED TO I GUESS TAKE US DOWN TO BRASS TACKS
12:40:57 WHICH IS EACH OF THESE LOTS AS PROPOSED IS ONLY 134
12:41:03 SQUARE FEET SHORT OF THE TOTAL.
12:41:06 THE TOTAL 5,000 REQUIRED AND TWO AND A HALF FEET IN WIDTH
12:41:10 SHORT.
12:41:11 THANK YOU.
12:41:12 RYAN RUIN YES, SIR.
12:41:13 >>GUIDO MANISCALCO: ALL RIGHT, THANK YOU VERY MUCH.
12:41:21 THE APPLICANT?
12:41:28 VIVIAN HERNANDEZ, 17117 LAKE SHORE ROAD.
12:41:35 I REPRESENT MAD DOG CONSTRUCTION, WHICH IS THE CURRENT
12:41:39 OWNER OF THE PROPERTY, AND TO ANSWER YOUR QUESTION, SIR,
12:41:43 THE REASON WHY THE PROPERTY WAS PLACED OR ACTUALLY THE
12:41:52 WAY IT WAS DIVIDED IS BECAUSE THERE IS NO WATER SEWER
12:41:57 RUNNING ON HOWARD.
12:41:59 SO WE WOULD NOT BE ABLE TO BUILD EVENTUALLY WHAT WE WANT
12:42:05 TO DO BECAUSE OF THAT.
12:42:09 NOW, WE ARE ASKING FOR A REZONING.
12:42:18 THERE IS RS-50 TO A PD.
12:42:20 IT WAS DONE PREVIOUSLY IN THE PROPERTY, IN THE REAR, OR
12:42:26 ACTUALLY IN THE SOUTH OF THIS PROPERTY, SO IT HAS BEEN
12:42:29 DONE BEFORE.
12:42:32 AND WE WILL NEED, LIKE I SAID, TO SUBDIVIDE IT INTO TWO
12:42:39 LOTS OF 47.5 FEET WIDE BY AND THE SETBACKS TO BE 6 FEET
12:42:47 IN ORDER TO FIT THE HOME.
12:42:48 NOW, THE ONE IN THE CORNER, WE WERE ASKED TO MOVE THE
12:42:56 DRIVEWAY TO THE SIDE, WHICH WAS DONE, AND THAT WAS
12:43:02 PROVIDED.
12:43:04 SO I CAN ANSWER ANY QUESTIONS YOU MAY HAVE.
12:43:11 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
12:43:12 >>ORLANDO GUDES: AND YOU SAID THERE IS NO CITY SEWER ON
12:43:17 HOWARD?
12:43:18 >> CORRECT.
12:43:21 ON HOWARD AVENUE, THERE'S NO STORMWATER OR SEWER IN
12:43:26 THERE.
12:43:26 >>JOHN DINGFELDER: HAVE YOU SENT A NOTICE TO PEOPLE
12:43:42 WITHIN 250 FEET?
12:43:43 DID YOU GET ANY OBJECTION?
12:43:45 >> NO.
12:43:46 >>JOHN DINGFELDER: GET ANY CALLS AT ALL?
12:43:48 >> I DID.
12:43:48 I GOT A CALL FROM THE LADY, THE NEIGHBOR ACROSS THE
12:43:51 STREET, JUST WANTING TO KNOW, THE HOUSE HAS BEEN VACANT
12:43:56 FOR A WHILE, AND SHE JUST WANTED TO KNOW IF WE WERE GOING
12:43:59 TO BUILD TWO STORY HOMES, AND I TOLD HER NO, IT WOULD
12:44:02 JUST BE ONE STORY.
12:44:03 SHE WAS OKAY WITH THAT.
12:44:04 >>JOHN DINGFELDER: THANK YOU.
12:44:06 >>GUIDO MANISCALCO: ANYONE ELSE?
12:44:10 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
12:44:12 THIS ITEM, ITEM NUMBER 18?
12:44:15 REZ 20-85?
12:44:18 DO WE HAVE ANYBODY REGISTERED FOR THIS ITEM?
12:44:20 I DON'T BELIEVE WE DO.
12:44:21 >>THE CLERK: NO ONE HAS REGISTERED TO SPEAK ON THIS
12:44:25 ITEM.
12:44:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:44:27 >>JOSEPH CITRO: MOVE TO CLOSE.
12:44:29 >>GUIDO MANISCALCO: MOTION TO CLOSE BY COUNCILMAN CITRO.
12:44:31 SECOND BY COUNCILMAN GUDES.
12:44:32 ALL IN FAVOR?
12:44:33 ANY OPPOSED?
12:44:34 ALL RIGHT.
12:44:34 COUNCILMAN DINGFELDER, WOULD YOU LIKE TO READ THIS ITEM?
12:44:37 18.
12:44:38 >>JOHN DINGFELDER: SURE.
12:44:47 GET MY ACT TOGETHER.
12:44:48 OKAY.
12:44:48 I'LL MOVE IN REGARD TO REZ 20-835, THE FOLLOWING
12:44:55 ORDINANCE FOR FIRST READING, AN ORDINANCE REZONING
12:44:58 PROPERTY IN THE GENERAL VICINITY OF 2302 WEST VIRGINIA
12:45:01 AVENUE IN THE CITY OF TAMPA, FLORIDA AND MORE
12:45:03 PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT
12:45:05 CLASSIFICATION RS-50 RESIDENTIAL SINGLE-FAMILY TO PD
12:45:08 PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY,
12:45:10 DETACHED, PROVIDING AN EFFECTIVE DATE.
12:45:13 SPECIFICALLY, I'LL MOVE THE ORDINANCE, AND IF THERE'S ANY
12:45:18 REVISIONS, MY MOTION WOULD INCLUDE THOSE REVISIONS, AS
12:45:25 INDICATED BY STAFF.
12:45:26 I BELIEVE THE APPLICANT MET HER BURDEN OF PROOF BY
12:45:30 PROVIDING COMPETENT, SUBSTANTIAL EVIDENCE THAT THE
12:45:32 DEVELOPMENT AS CONDITIONED AND SHOWN ON THE SITE PLAN IS
12:45:36 CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE CITY CODE,
12:45:39 SPECIFICALLY THE PLANNING COMMISSION STAFF HAS
12:45:44 RECOMMENDED APPROVAL, IT'S CONSISTENT WITH VARIOUS
12:45:47 HOUSING POLICIES TO ENCOURAGE NEW HOUSING ON VACANT AND
12:45:51 UNDERUTILIZED LAND, AND SPECIFICALLY CONSISTENT WITH OUR
12:45:57 LAND DEVELOPMENT CODE, SECTION 27-136 FOR PROPOSED
12:46:03 DEVELOPMENTS TO PROMOTE THE EFFICIENT AND SUSTAINABLE USE
12:46:07 OF LAND AND INFRASTRUCTURE, AND EVEN THOUGH THE WIDTH IS
12:46:12 SLIGHTLY LESS THAN WHAT WE REQUIRE AT 50 FEET, IT'S TWO
12:46:17 AND A HALF FEET LESS, OR 5% LESS THAN THE REQUIRED WIDTH,
12:46:23 I FEEL THE DIFFERENCE IS DE MINIMUS AND WILL NOT
12:46:26 ADVERSELY AFFECT THE SURROUNDING LOTS.
12:46:30 >>GUIDO MANISCALCO: SECOND BY COUNCILMAN VIERA.
12:46:33 ALL IN FAVOR?
12:46:34 AYE.
12:46:35 ANY OPPOSED?
12:46:36 >>CHARLIE MIRANDA: AYE.
12:46:39 AND THE REASON IS THAT WHAT'S ACCEPTING IN SOME PARTS OF
12:46:43 THE CITY ARE NOT ACCEPTABLE IN OTHERS UNTIL ALL THE CITY
12:46:46 IS ALIKE I CONTINUE TO VOTE NO.
12:46:49 THANK YOU.
12:46:49 >>GUIDO MANISCALCO: OKAY.
12:46:51 >>ORLANDO GUDES: MR. CHAIRMAN, I DIDN'T GET MY VOTE.
12:46:55 I AM GOING TO VOTE NO AS WELL.
12:46:57 >>GUIDO MANISCALCO: LET'S DO A ROLL CALL VOTE.
12:47:01 >>LUIS VIERA: YES.
12:47:05 >>ORLANDO GUDES: NO.
12:47:08 >>JOHN DINGFELDER: YES.
12:47:10 >>GUIDO MANISCALCO: YES.
12:47:12 >>JOSEPH CITRO: YES.
12:47:14 >>CHARLIE MIRANDA: NO.
12:47:16 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING
12:47:19 ABSENT AND GUDES AND MIRANDA VOTING NO.
12:47:22 SECOND READING AND ADOPTION WILL BE ON JANUARY 14th
12:47:25 AT 9:30 A.M.
12:47:27 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:47:29 ITEM NUMBER 20.
12:47:30 >>RYAN MANASSE: ITEM NUMBER 20 IS FILE REZ 20-89 FOR
12:47:37 PROPERTY LOCATED AT 3205 WEST ARCH STREET.
12:47:40 [CHANGE CAPTIONERS]
12:47:36 >>RYAN MANASSE: ITEM 20 IS FILE REZ 20-89 FOR THE PROPERTY
12:47:40 LOCATED AT 3205 WEST ARCH STREET.
12:47:44 THEY ARE REQUESTING TO REZONE FROM RS-50, RESIDENTIAL SINGLE
12:47:45 FAMILY, TO PD FOR RESIDENTIAL SINGLE-FAMILY DETACHED.
12:47:48 I'LL DEFER TO THE PLANNING COMMISSION AND THEN PLEASE RETURN
12:47:50 TO ME.
12:47:55 >>DAVID HEY: GOOD EVENING, COUNCIL MEMBERS.
12:47:57 DAVID HEY AGAIN WITH YOUR PLANNING COMMISSION STAFF.
12:47:59 I HAVE BEEN SWORN.
12:48:00 WE CONTINUE OUR STRING OF ZONINGS WITHIN THE CENTRAL TAMPA
12:48:05 PLANNING DISTRICT.
12:48:07 HERE WE HAVE AN AERIAL OF THE SUBJECT SITE.
12:48:10 YOU CAN SEE IT'S PREDOMINANTLY SINGLE-FAMILY DETACHED AROUND
12:48:15 IT.
12:48:15 SOUTH OF INTERSTATE 275 AND MACFARLANE PARK.
12:48:20 IT'S NORTH OF CYPRESS, WEST OF NORTH MacDILL AVENUE.
12:48:24 YOU CAN SEE HERE'S THE FUTURE LAND USE MAP.
12:48:29 THE SUBJECT SITE AND ALL THE PARCELS AROUND IT IN THAT TAN
12:48:33 COLOR ARE THE RESIDENTIAL 10.
12:48:35 YOU DON'T GET DOWN TO A NONRESIDENTIAL CATEGORY UNTIL DOWN
12:48:38 TO CYPRESS, WHICH IS REPRESENTED BY THE PINK COLOR.
12:48:43 OVERALL, THE PROPOSED REZONING WOULD BE DEVELOPED WITH A
12:48:48 SIMILAR FORM, HEIGHT, LOT SIZE AND SCALE OF THE SURROUNDING
12:48:52 RESIDENTIAL USES.
12:48:53 THE PROPOSED REZONING SUPPORTS THE COMPREHENSIVE PLAN.
12:48:56 IT WOULD NOT ALTER THIS PORTION OF WEST ARCH STREET'S
12:49:00 CHARACTER OR DEVELOPMENT PATTERN.
12:49:02 YOU DO HAVE OUR SUBMITTED REPORT WITH ADDITIONAL INFORMATION
12:49:05 AND POLICY GUIDANCE.
12:49:07 IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW.
12:49:10 THAT CONCLUDES MY PRESENTATION.
12:49:11 >>GUIDO MANISCALCO: ANY QUESTIONS?
12:49:12 MR. MANASSE.
12:49:15 >>RYAN MANASSE: THANK YOU, SIR.
12:49:16 DEVELOPMENT COORDINATION.
12:49:17 ITEM NUMBER 20, FILE REZ 20-89, FOR THE PROPERTY LOCATED AT
12:49:23 3205 WEST ARCH STREET.
12:49:25 THIS A REQUEST FROM RS 50 TO PD FOR PLANNED DEVELOPMENT,
12:49:28 RESIDENTIAL, SINGLE-FAMILY, DETACHED.
12:49:31 THERE ARE NO WAIVERS BEING REQUESTED WITH THIS PETITION.
12:49:33 THE APPLICANT AGAIN IS PROPOSING TO REZONE THIS TO THE PD
12:49:37 SHOWN ON THE SCREEN.
12:49:39 THE PROPERTY IS LOCATED THREE LOTS TO THE WEST OF WEST ARCH
12:49:41 STREET AND NORTH MATANZAS AVENUE INTERSECTION.
12:49:44 THE PROPERTY CONTAINS PORTIONS OF THREE PLATTED LOTS.
12:49:47 WEST HALF OF LOT 22, LOT 21, AND THE EAST 25 FEET OF LOT 20,
12:49:50 BLOCK 9, MACFARLANE PARK.
12:49:50 THE MINIMUM LOT AREA FOR RS 50 ZONING DISTRICT IS 5,000
12:49:56 SQUARE FEET.
12:49:57 THE APPLICATION REQUESTS FOR THE TWO LOTS TO BE CONFIGURED
12:50:00 WITH EACH LOT CONTAINING A LOT WIDTH OF 50 FEET AND LOT AREA
12:50:04 OF 4900 SQUARE FEET.
12:50:05 THE LENGTH IS 98 FEET AS SHOWN ON THE PLAN.
12:50:09 GIVEN THE EXISTING OVERALL LOT AREA OF 9800 SQUARE FEET, THE
12:50:13 ONLY WAY TO REQUEST TO ESTABLISH THE LOTS IS TO REQUEST THIS
12:50:17 PLANNED DEVELOPMENT.
12:50:17 THE PROJECT PROPOSES VEHICULAR ACCESS ON WEST ARCH STREET
12:50:20 FOR PARCEL A AND ALLEY ACCESS FOR PARCEL B.
12:50:24 THE PROPOSED PD SETBACKS FOR PARCEL A ARE FRONT 20 FEET,
12:50:28 SIDE 7 FEET ON THE EAST, 9-FOOT ON THE WEST AND THE REAR 24
12:50:33 FEET.
12:50:33 THE PROPOSED PD SETBACKS FOR PARCEL B ARE THE FRONT 20 FEET.
12:50:38 CORRECTION TO THE STAFF REPORT.
12:50:40 THE SIDE FIVE FOOT ON THE EAST AND THEN 13-FOOT ON THE WEST
12:50:44 AND REAR AT 32 FEET.
12:50:46 THE MAXIMUM BUILDING HEIGHT IS PROPOSED AT 35 FEET.
12:50:49 THE PROPERTY IS SURROUNDED BY RS 50 ZONING DISTRICT, NORTH,
12:50:52 SOUTH, EAST AND WEST WITH SINGLE-FAMILY DETACHED DWELLINGS
12:50:55 ON ALL SIDES.
12:50:58 THERE IS A HISTORIC STRUCTURE WITHIN A THOUSAND FEET OF THE
12:51:01 SUBJECT PROPERTY.
12:51:02 IT'S GEORGE GUIDA SENIOR HOUSE.
12:51:05 1516 NORTH RENFREW STREET.
12:51:08 AND I WILL SHOW YOU THE AERIAL MAP REALLY QUICKLY.
12:51:13 SAVE YOU THE PICTURES UNLESS YOU'D LIKE ME TO SHOW THE STAFF
12:51:16 PHOTOS WE TOOK OF THE SUBJECT AREA.
12:51:18 BUT ALL THE HOUSES THAT ARE SURROUNDING THIS AREA ARE
12:51:21 SINGLE-FAMILY DETACHED DWELLING UNITS.
12:51:23 WITH THAT SAID, DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAS
12:51:26 REVIEWED THE APPLICATION AND FIND IT CONSISTENT WITH THE
12:51:28 CITY OF TAMPA LAND DEVELOPMENT CODE.
12:51:29 IF YOU WOULD, PLEASE REFERENCE FINDINGS BY DEVELOPMENT
12:51:32 COORDINATION RELATED TO THE EXISTING DEVELOPMENT PATTERN IN
12:51:35 THE MEDIAN AREA.
12:51:41 LET ME MAKE SURE THERE WAS A -- I DON'T HAVE A REVISION
12:51:45 SHEET.
12:51:45 THE PLAN AS SUBMITTED IS GOOD FOR PLANNING STAFF FOR SECOND
12:51:49 READING IF APPROVED.
12:51:51 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:51:52 COUNCILMAN CITRO.
12:51:52 >>JOSEPH CITRO: MR. MANASSE, YOU SAID THIS LOT WAS ONLY
12:51:56 90-FOOT DEEP OR 98?
12:51:59 >>RYAN MANASSE: 98-FOOT.
12:52:01 >>JOSEPH CITRO: HOW MANY LOTS ON THIS BLOCK OR 98 FEET DEEP.
12:52:07 IS IT CONSISTENT WITH THE BLOCK, THE SHORT -- TWO FOOT
12:52:11 SHORT?
12:52:11 >>RYAN MANASSE: I DO NOT HAVE THE SURVEY IN FRONT OF ME AND
12:52:14 THAT MIGHT HELP ME OUT DETERMINING THE LOTS THAT ARE
12:52:17 ADJACENT TO IT.
12:52:18 IT APPEARS THAT THERE IS THAT ALLEY THAT'S TO THE NORTH OF
12:52:23 THE PROPERTIES.
12:52:24 THE ASPHALT PAVEMENT.
12:52:26 SO THIS LOT THAT WOULD BE OVER HERE WOULD BE MOST LIKELY
12:52:30 CONSISTENT WITH THE SAME DEPTH OF THESE TWO LOTS.
12:52:35 SO I WOULD MAKE THE ASSUMPTION THAT ADJACENT LOTS ARE AT THE
12:52:39 SAME LENGTH OF 98 FEET.
12:52:41 >>JOSEPH CITRO: THANK YOU, MR. MANASSE.
12:52:43 THANK YOU, MR. CHAIR.
12:52:44 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:52:45 MR. ROBLES.
12:52:48 >> MY NAME IS KEVIN ROBLES, CHESTNUT FOREST.
12:52:53 THANK YOU, RYAN.
12:52:54 YOU'VE DONE A NICE JOB OF EXPLAINING.
12:52:56 I'LL ADD TWO ITEMS AND LET THE REPORT STAND.
12:53:00 THE ONE SIDE SETBACK ON THE PROPERTY TO THE WEST WAS
12:53:04 ADJUSTED TO ACCOMMODATE THE PRESERVATION OF A GRAND TREE,
12:53:09 AND THE ENTIRE BLOCK IS PLATTED AT 98 FEET DEEP, JUST FOR
12:53:13 THE RECORD.
12:53:14 >>GUIDO MANISCALCO: ANY QUESTIONS --
12:53:17 >> WITH AN ACTIVE ALLEY.
12:53:19 I HAVE NOTHING ELSE.
12:53:20 >>GUIDO MANISCALCO: ANY QUESTIONS?
12:53:21 NO.
12:53:22 ANYBODY IN THE PUBLIC WISHING TO SPEAK ON THIS ITEM?
12:53:25 DO WE HAVE ANYBODY REGISTERED ONLINE FOR ITEM NUMBER 20?
12:53:35 >> NO ONE IS REGISTERED TO SPEAK ON THIS ITEM.
12:53:37 >>GUIDO MANISCALCO: CAN I GET A MOTION TO CLOSE?
12:53:40 >>CHARLIE MIRANDA: JUST FOR THE RECORD, IS THIS A LOT SPLIT?
12:53:45 >>RYAN MANASSE: YES, SIR.
12:53:46 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN VIERA.
12:53:51 SECOND FROM COUNCILMAN CITRO TO CLOSE.
12:53:52 ALL IN FAVOR?
12:53:53 AYE.
12:53:54 COUNCILMAN CITRO, WOULD YOU MIND TAKING ITEM NUMBER 20.
12:53:57 >>JOSEPH CITRO: THANK YOU VERY MUCH.
12:53:58 ITEM REZ 20-89, MOVE AN ORDINANCE BEING PRESENTED FOR FIRST
12:54:09 READING, AN ORDINANCE REZONING PROPERTY IN THE GENERAL
12:54:11 VICINITY OF 3205 WEST ARCH STREET IN THE CITY OF TAMPA,
12:54:16 FLORIDA AND MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM
12:54:19 DISTRICT CLASSIFICATION RS-50, RESIDENTIAL, SINGLE-FAMILY,
12:54:23 TO PD, PLANNED DEVELOPMENT, RESIDENTIAL, SINGLE-FAMILY,
12:54:26 DETACHED; PROVIDING AN EFFECTIVE DATE.
12:54:29 AS THE PETITIONER HAS MET THE BURDEN OF PROOF.
12:54:32 I ALSO FIND THAT THE COMPLIANCE WITH THE APPLICABLE GOALS,
12:54:37 IT IS IN COMPLIANCE WITH THE APPLICABLE GOALS AND OBJECTIVES
12:54:40 AND POLICY OF THE COMPREHENSIVE PLAN, MORE PARTICULARLY
12:54:44 CONSISTENT WITH LAND USE POLICY 2.1.1 AND 2.1.2, WHICH
12:54:53 ENCOURAGES THE USE, LIMITED RESOURCES MORE EFFECTIVELY BY
12:54:56 ENCOURAGING INFILL DEVELOPMENT AND VACANT AND UNDERUSED
12:55:02 LAND.
12:55:02 AND WITH THE COMPLIANCE WITH THE LAND DEVELOPMENT CODE
12:55:04 SECTION 27-136, PROPOSED DEVELOPMENT AS SHOWN ON THE SITE
12:55:09 PLAN PROMOTES AND ENCOURAGES DEVELOPMENT THAT IS APPROPRIATE
12:55:14 IN LOCATION, CHARACTER, AND COMPATIBILITY WITH THE
12:55:17 SURROUNDING NEIGHBORHOODS AS IN ALL OF THEM HAVING A DEPTH
12:55:20 OF ONLY 98 FEET.
12:55:24 >>MARTIN SHELBY: MR. CHAIRMAN, JUST TO CONFIRM, COUNCILMAN,
12:55:26 THAT WAS 3205 WEST ARCH STREET, IS THAT CORRECT?
12:55:33 >>JOSEPH CITRO: THAT'S CORRECT.
12:55:33 >>GUIDO MANISCALCO: WE HAVE A SECOND FROM COUNCILMAN VIERA.
12:55:35 ROLL-CALL VOTE.
12:55:37 >>LUIS VIERA: YES.
12:55:39 >>ORLANDO GUDES: NO.
12:55:40 >>JOHN DINGFELDER: YES.
12:55:42 >>GUIDO MANISCALCO: YES.
12:55:44 >> CARLSON?
12:55:45 CITRO.
12:55:46 >>JOSEPH CITRO: YES.
12:55:47 >>CHARLIE MIRANDA: AGAIN, I WILL BE VOTING NO SINCE THIS IS
12:55:50 A LOT SPLIT AND THE WHOLE CITY IS NOT TREATED EQUALLY, ONLY
12:55:53 IN CERTAIN AREAS DO THEY PASS.
12:55:56 NO.
12:55:57 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING ABSENT
12:55:59 AND GUDES AND MIRANDA VOTING NO.
12:56:02 SECOND READING AND ADOPTION WILL BE ON JANUARY 14th AT
12:56:08 9:30 A.M.
12:56:09 >>RYAN MANASSE: RYAN MANASSE, DEVELOPMENT COORDINATION.
12:56:13 ITEM 21, REZ 20-90.
12:56:17 PROPERTY LOCATED AT 3718 NORTH 31st STREET.
12:56:21 REZONE FROM RS 50 TO PD FOR RESIDENTIAL SINGLE-FAMILY
12:56:24 DETACHED.
12:56:28 >>DAVID HEY: GOOD EVENING, COUNCIL MEMBERS.
12:56:30 DAVID HEY WITH YOUR PLANNING COMMISSION STAFF.
12:56:31 I HAVE BEEN SWORN.
12:56:32 WE END THE NIGHT IN THE CENTRAL TAMPA PLANNING DISTRICT
12:56:38 WHERE THE SUBJECT SITE IS LOCATED IN THE CENTER OF THE
12:56:41 AERIAL.
12:56:42 THIS IS NORTH 30th STREET.
12:56:44 THEN YOU HAVE GLENDALE AVENUE ON THE NORTH SIDE.
12:56:49 THE SUBJECT SITE AND ALL THE PROPERTIES SURROUNDING IT ARE
12:56:54 WITHIN THAT RESIDENTIAL 20.
12:56:55 THERE IS ADDITIONAL DENSITY FURTHER TO THE EAST WITH THE
12:56:58 RESIDENTIAL 35.
12:57:00 AND SINGLE-FAMILY DETACHED FURTHER SOUTH.
12:57:05 OVERALL, THE PD PROPOSES OVERALL DENSITY OF 10.89 UNITS PER
12:57:10 ACRE.
12:57:11 BASED ON THAT AND THE POLICIES WITHIN THE SUBMITTED STAFF
12:57:17 REPORT, THE PLANNING COMMISSION STAFF HAS DETERMINED THE PD
12:57:20 PROVIDES FOR A COMPARABLE AND COMPATIBLE DEVELOPMENT
12:57:23 PATTERN.
12:57:24 IT WOULD BE OF A SIMILAR FORM, HEIGHT, AND LOT SIZE AND
12:57:27 SCALE TO EXISTING DEVELOPMENT WITHIN THE SURROUNDING AREA.
12:57:30 BASED ON THAT, PLANNING COMMISSION STAFF RECOMMENDS TO YOU
12:57:33 THAT THIS REZONING BE FOUND CONSISTENT WITH THE PROVISIONS
12:57:37 OF THE IMAGINE 2040 TAMPA COMPREHENSIVE PLAN.
12:57:40 THAT CONCLUDES MY PRESENTATION AND HAPPY NEW YEAR.
12:57:43 >>GUIDO MANISCALCO: ANY QUESTIONS FOR THE GENTLEMAN?
12:57:44 NO.
12:57:45 >>RYAN MANASSE: DEVELOPMENT COORDINATION.
12:57:49 ITEM 21, FILE REZ 20-90.
12:57:51 IT'S FOR THE PROPERTY LOCATED AT 3718 NORTH 31st STREET.
12:57:54 THE REQUEST AGAIN BEFORE YOU IS RS 50, CURRENT ZONING, AND
12:57:57 THEY ARE REQUESTING TO GO TO PD PLANNED DEVELOPMENT FOR
12:57:59 RESIDENTIAL SINGLE-FAMILY DETACHED.
12:58:01 MAKE A POINT TO STATE THAT THERE ARE NO WAIVERS BEING
12:58:03 REQUESTED WITH THIS APPLICATION FOR THE PLANNED DEVELOPMENT.
12:58:06 THE PROPERTY IS LOCATED ON THE WEST SIDE OF NORTH 31st
12:58:10 STREET THREE LOTS SOUTH OF GLENDALE AVENUE.
12:58:12 THE PROPERTY IS CURRENTLY VACANT AND CONTAINS A PORTION OF
12:58:14 ONE PLATTED LOT, LOT 4, BLOCK B, BETHEL HEIGHTS, LESS 3
12:58:14 FEET.
12:58:17 THE DETACHED SINGLE-FAMILY RESIDENCE TO THE NORTH LOCATED AT
12:58:22 3720 NORTH 31st STREET ENCROACHES TWO FEET INTO THE
12:58:26 HISTORICALLY PLATTED LOT 4, BLOCK B OF THE BETHEL HEIGHTS.
12:58:29 IN ORDER TO REMEDY THIS STRUCTURAL ENCROACHMENT, THE
12:58:32 NORTHERN THREE FEET OF LOT 4 WILL BE DEEDED TO THE NORTHERN
12:58:36 LOT.
12:58:36 THIS WILL RESULT IN THE SUBJECT PROPERTY HAVING A LOT WIDTH
12:58:40 OF 43 FEET AND A LOT AREA OF 3,999 SQUARE FEET.
12:58:44 THE MINIMUM LOT AREA IN RS-50 IS 5,000 SQUARE FEET WITH
12:58:48 MINIMUM LOT WIDTH OF 50 FEET.
12:58:49 AGAIN, THE ONLY WAY TO DEVELOP THIS LOT WOULD BE TO PROPOSE
12:58:52 THE PD REQUEST.
12:58:53 THE PROPOSED PD SETBACKS ARE THE FRONT 26 FEET, SIDE FIVE
12:58:58 FEET, REAR 15 FEET.
12:58:59 THE MAXIMUM BUILDING HEIGHT IS PROPOSED AT -- I'M SORRY, 35
12:59:03 FEET.
12:59:03 THE PROPERTY IS SURROUNDED BY ZONING DISTRICT RS 50 TO THE
12:59:06 NORTH, SOUTH, EAST, AND WEST.
12:59:08 SINGLE-FAMILY DETACHED DWELLINGS ON ALL SIDES.
12:59:11 THE SUBJECT SITE IS LOCATED IN THE EAST TAMPA OVERLAY
12:59:15 DISTRICT AND MUST COMPLY WITH DISTRICT DESIGN STANDARDS AT
12:59:18 THE TIME OF PERMITTING.
12:59:19 THE STAFF ANALYSIS INCLUDED 513 TOTAL ZONING LOTS.
12:59:24 428, OR 84% OF THOSE LOTS, HAVE BEEN DEVELOPED WITH A WIDTH
12:59:28 OF 50 FEET OR GREATER AND 85 OR 16% HAVE BEEN DEVELOPED WITH
12:59:31 A WIDTH OF 49.99 FEET OR LESS.
12:59:34 PURSUANT TO THE REVIEW OF THE EXISTING DEVELOPMENT PATTERN,
12:59:36 THE SUBJECT BLOCK CONTAINS 17 TOTAL ZONING LOTS, 7, OR 41%
12:59:40 OF THOSE LOTS, HAVE BEEN DEVELOPED WITH A WIDTH OF 50 FEET
12:59:42 OR GREATER, AND 10, OR 59%, HAVE BEEN DEVELOPED WITH A WIDTH
12:59:45 OF 49.99 FEET OR LESS.
12:59:47 THE 3700 BLOCK ITSELF OF NORTH 31st STREET, WHICH IS BOTH
12:59:51 SIDES OF THE STREET, CONTAINS 15 TOTAL ZONING LOTS, TWO, OR
12:59:54 13% OF THOSE LOTS, HAVE BEEN DEVELOPED WITH A WIDTH OF 50
12:59:57 FEET OR GREATER AND 13, OR 87% OF THEM, HAVE BEEN DEVELOPED
01:00:00 WITH A WIDTH OF 49.99 FEET OR LESS.
01:00:03 THE BLOCK FACE ITSELF ON NORTH 31st STREET CONTAINS 8
01:00:07 TOTAL ZONING LOTS AND HUNDRED PERCENT OF THE LOTS, EIGHT OF
01:00:10 THEM, HAVE BEEN DEVELOPED WITH WIDTH OF 49.99 FEET OR LESS.
01:00:14 AND NONE HAVE BEEN DEVELOPED WITH A WIDTH OF 50 FEET OR
01:00:18 GREATER.
01:00:18 THAT WAS A CORRECTION ON PAGE 3 OF THE STAFF REPORT.
01:00:22 >>ORLANDO GUDES: YOU SAID NONE HAVE BEEN BUILT --
01:00:25 >>RYAN MANASSE: LET ME MAKE THE CORRECTION.
01:00:26 ON THE LAST SENTENCE OF THE STAFF ANALYSIS ON PAGE 3 THERE
01:00:29 IS A CORRECTION.
01:00:30 I READ THE CORRECTED PART.
01:00:32 I'LL READ IT AGAIN.
01:00:33 THE BLOCK FACE, SO -- LET ME THROW THIS ON SCREEN.
01:00:37 WHAT WE'RE LOOKING AT OBVIOUSLY THE TOTAL ZONING LOTS AND
01:00:41 THEN WE START PULLING IT DOWN.
01:00:42 WHAT I'M TALKING ABOUT NOW WOULD BE, BEFORE THE LAST
01:00:45 SENTENCE, BOTH SIDES OF THE STREETS, AND NOW WE'RE GOING TO
01:00:47 TALK ABOUT THIS BLOCK FACE RIGHT HERE.
01:00:49 AS YOU CAN SEE, THEY ARE ALL THIS LIGHT BLUISH COLOR WHICH
01:00:52 INDICATES THE 45 TO 49 FEET LOT WIDTH.
01:00:55 MY LAST SENTENCE OF MY STAFF ANALYSIS, IT STATES THE BLOCK
01:00:59 FACE -- WELL, THE CORRECTED VERSION STATES THE BLOCK FACE OF
01:01:01 NORTH 31st STREET CONTAINS EIGHT TOTAL ZONING LOTS.
01:01:05 EIGHT OR A HUNDRED PERCENT OF THOSE LOTS HAVE ALL BEEN
01:01:10 DEVELOPED WITH A WIDTH OF 49.99 FEET OR LESS.
01:01:13 SO ALL OF THESE LESS THAN THAT 50, BASICALLY, AND ZERO HAVE
01:01:17 BEEN DEVELOPED WITH 50 FEET OR GREATER.
01:01:20 BASED UPON THAT ANALYSIS, STAFF DID FIND THE PROPOSED
01:01:25 REQUEST FOR REZONING CONSISTENT WITH THE EXISTING
01:01:27 DEVELOPMENT PATTERN IN THE IMMEDIATE AREA.
01:01:31 THERE WERE NO HISTORIC LANDMARK SITES WITHIN A THOUSAND
01:01:34 FEET.
01:01:35 THERE WAS ONLY SITE PLAN MODIFICATIONS REQUESTED BY
01:01:38 DEVELOPMENT COORDINATION, AND THOSE SHOULD BE SHOWN ON THE
01:01:40 REVISION SHEET ON PAGE 8.
01:01:43 I'LL SHOW YOU THE AERIAL JUST TO GIVE AN IDEA OF THE AREA.
01:01:47 SUBJECT SITE OUTLINED IN RED.
01:01:53 I DO HAVE STAFF PHOTOS, BUT IN LIGHT OF TIME, AS I STATE IN
01:01:58 THE STAFF REPORT, ALL THE LOTS SURROUNDING THE PROPERTY ARE
01:02:01 SINGLE-FAMILY RESIDENTIAL, EITHER VACANT OR BEING USED FOR
01:02:04 DETACHED SINGLE-FAMILY DWELLING UNITS.
01:02:06 WITH THAT BEING SAID, THE DEVELOPMENT REVIEW AND COMPLIANCE
01:02:10 STAFF HAS REVIEWED THE APPLICATION.
01:02:11 WE FIND IT CONSISTENT WITH THE CITY OF TAMPA LAND
01:02:14 DEVELOPMENT CODE.
01:02:15 REFERENCE FINDINGS BY DEVELOPMENT COORDINATION RELATED TO
01:02:17 THE EXISTING DEVELOPMENT PATTERN IN THE IMMEDIATE AREA.
01:02:20 AGAIN, IF IT IS THE PLEASURE OF CITY COUNCIL TO APPROVE THIS
01:02:22 APPLICATION, THE MINOR CHANGES AS OUTLINED IN THE STAFF
01:02:24 REPORT WOULD BE NEEDED BETWEEN FIRST AND SECOND READING.
01:02:27 STAFF IS AVAILABLE FOR ANY MORE QUESTIONS.
01:02:29 >>GUIDO MANISCALCO: ANY QUESTIONS?
01:02:31 >>JOSEPH CITRO: MR. MANASSE, PLEASE INDULGE ME, IF WE WERE
01:02:37 TO APPROVE THIS, WOULD THAT ADJACENT BUILDING THAT IS
01:02:40 ENCROACHING TWO FOOT OVER, DOES THAT BUILDING BECOME
01:02:43 NONCOMPLIANT?
01:02:47 >>RYAN MANASSE: THROUGH THE PD REZONING, THE REVIEW PROCESS,
01:02:50 WE WOULDN'T ALLOW TO GET TO THE POINT WHERE WE CREATE A
01:02:52 NONCONFORMING THROUGH THIS PD PROCESS.
01:02:55 >>JOSEPH CITRO: THANK YOU.
01:02:56 >>GUIDO MANISCALCO: COUNCILMAN MIRANDA.
01:02:58 >>CHARLIE MIRANDA: I JUST WANT TO MAKE SURE ALL THE LOTS ARE
01:03:01 THE SAME SIZE AS THIS.
01:03:02 THIS IS NOT A LOT SPLIT THEN.
01:03:04 >>RYAN MANASSE: I CAN SHOW YOU ON SCREEN.
01:03:07 I COULD BRING UP THAT CONFORMING MAP AGAIN.
01:03:10 YES, SIR.
01:03:16 YOUR QUESTION WAS ALL THE LOTS ARE THE SAME.
01:03:18 THE TWO DIFFERENCES IN BOTH SIDES OF THE STREET HERE ARE
01:03:22 THESE TWO LOTS.
01:03:23 THEY ARE VACANT.
01:03:27 BUT THE REMAINDER OF THE LOTS ARE ALL THAT WIDTH, 45 FEET TO
01:03:31 49 FEET.
01:03:32 SO WHEN STAFF LOOKED AT THE ANALYSIS, WE DETERMINED THROUGH
01:03:35 THE PERCENTAGE AND ANALYSIS OF THE TOTAL AREA AND BREAKING
01:03:38 IT DOWN AND COMING DOWN TO THE BLOCK FACE ITSELF, FOUND IT
01:03:43 CONSISTENT BECAUSE THESE LOTS ARE ALL BETWEEN 45 FEET AND 49
01:03:47 FEET.
01:03:47 >>CHARLIE MIRANDA: THE LOTS IN THE RED AREA OR THE BLUE AREA
01:03:51 --
01:03:51 >>RYAN MANASSE: BLUE AREA SIR ARE 45 TO 95.
01:03:54 45 TO 49 FEET.
01:03:57 AND HERE'S THE SUBJECT SITE OUTLINED IN BLACK.
01:04:01 TWO RED LOTS ARE 80 TO 99.
01:04:04 AND THEN HUNDRED PLUS.
01:04:06 THESE ARE THE TWO ANOMALIES AND NOT AS CONSISTENT WITH THE
01:04:11 REST OF THE LOTS IN THAT AREA.
01:04:13 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
01:04:15 YES, SIR.
01:04:18 >> KEVIN ROBLES.
01:04:20 I'VE BEEN SWORN IN.
01:04:22 I ONLY HAVE A COUPLE OF CLARIFICATIONS.
01:04:24 THE ADJOINING PROPERTY TO THE NORTH WITH THE ENCROACHING
01:04:29 MASONRY STRUCTURE WAS NEVER IN SINGULAR OWNERSHIP.
01:04:33 THIS PD IS STRICTLY TO STRAIGHTEN OUT A SITUATION WHERE THEY
01:04:37 WERE ISSUED A BUILDING PERMIT AND THE HOUSE WAS PLACED
01:04:40 INCORRECTLY ON THE ADJOINING PROPERTY TO THE NORTH.
01:04:44 THE SIMPLEST SOLUTION WAS TO DEED OVER TWO, THREE -- TWO
01:04:49 FEET OVER TO THE ADJOINING PROPERTY OWNER TO BRING BOTH --
01:04:54 TO BRING THE LOT INTO COMPLIANCE AND ALLOW THE DEVELOPMENT
01:04:57 OF THIS UNDEVELOPED LOT.
01:05:01 >>GUIDO MANISCALCO: ALL RIGHT.
01:05:01 ANY QUESTIONS?
01:05:02 DO WE HAVE ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK ON
01:05:06 THIS ITEM?
01:05:06 ARE YOU IN SUPPORT?
01:05:08 DO WE HAVE ANYBODY REGISTERED?
01:05:12 I SAW THAT THERE WAS ONE NAME REGISTERED.
01:05:20 >> IT SAID IT WAS FOR THE APPLICANT.
01:05:24 WE DID NOT RECEIVE ANY REGISTERED SPEAKER ON THE ITEM
01:05:27 BESIDES HIM.
01:05:29 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
01:05:31 MIRANDA, SECOND FROM COUNCILMAN VIERA TO CLOSE.
01:05:34 ALL IN FAVOR?
01:05:35 AYE ANY OPPOSED?
01:05:36 COUNCILMAN CITRO, WOULD YOU MIND READING ITEM NUMBER 21?
01:05:41 >>JOSEPH CITRO: GIVE ME ONE SECOND, PLEASE, MR. CHAIR.
01:05:51 >> WE'VE BEEN HERE FOR SEVEN HOURS AND YOU'RE JUST NOW
01:05:55 GETTING THE COMPUTER UP.
01:05:56 >>JOSEPH CITRO: BE CAREFUL.
01:05:58 I HAVEN'T MADE THE MOTION YET.
01:06:00 >>GUIDO MANISCALCO: HE TAKES HIS TIME.
01:06:02 IT'S AN ART.
01:06:06 >>JOSEPH CITRO: GOING BACK TO WHERE I WAS.
01:06:12 THANK YOU.
01:06:13 FILE NUMBER REZ 20-90, ORDINANCE BEING PRESENTED FOR FIRST
01:06:18 READING CONSIDERATION, AN ORDINANCE REZONING PROPERTY IN THE
01:06:20 GENERAL VICINITY OF 3718 NORTH 31st STREET IN THE CITY OF
01:06:25 TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1
01:06:28 FROM ZONING DISTRICT CLASSIFICATION RS-50 (RESIDENTIAL,
01:06:32 SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT, RESIDENTIAL,
01:06:35 SINGLE-FAMILY, DETACHED); PROVIDING FOR AN EFFECTIVE DATE.
01:06:39 AS THE COMPLIANCE WITH THE GOALS AND OBJECTIVES AND POLICIES
01:06:44 IN THE COMPREHENSIVE PLAN CONSISTENT WITH LAND USE POLICY
01:06:48 2.1.1 AND 2.1.2, WHICH ENCOURAGES THE USE OF LIMITED
01:06:55 RESOURCES MORE EFFECTIVELY BY ENCOURAGING INFILL DEVELOPMENT
01:06:59 ON VACANT AND UNDERUTILIZED LAND AND IS IN COMPLIANCE WITH
01:07:02 THE LAND USE -- EXCUSE ME, LAND DEVELOPMENT CODE SECTION
01:07:06 27-136.
01:07:09 THE PURPOSE USE PROMOTES AN EFFECTIVE AND SUSTAINABLE USE OF
01:07:14 LAND AND INFRASTRUCTURE.
01:07:17 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER
01:07:19 CITRO WITH A SECOND FROM COUNCIL MEMBER VIERA.
01:07:23 ALL IN FAVOR OF THE MOTION?
01:07:25 AYE.
01:07:26 ANY OPPOSED?
01:07:29 >>THE CLERK: THE MOTION CARRIED WITH CARLSON BEING ABSENT.
01:07:32 SECOND READING AND ADOPTION WILL BE ON JANUARY 14th AT
01:07:35 9:30 A.M.
01:07:36 >>JOSEPH CITRO: THANK YOU, MR. CHAIR.
01:07:37 >>GUIDO MANISCALCO: IT'S 1:06 A.M. AND THAT CONCLUDES OUR
01:07:41 AGENDA.
01:07:41 WE GO TO NEW BUSINESS.
01:07:43 COUNCIL MEMBER MIRANDA, ANYTHING, SIR?
01:07:44 >>CHARLIE MIRANDA: I WOULD LIKE TO MAKE A MOTION TO PRESENT
01:07:46 A COMMENDATION TO STEVEN LIDO WHO SERVED ON THE CITY BUDGET
01:07:50 ADVISORY COMMITTEE FOR APPROXIMATELY FIVE YEARS, THREE OF
01:07:53 WHICH HE WAS CHAIRMAN OF THE COMMITTEE.
01:07:54 HE RECENTLY RECEIVED A PROMOTION OF HIS WORK AND WILL BE
01:07:58 RELOCATING OUT OF THE STATE IN EARLY 2021.
01:08:00 THIS TO BE GIVEN AT A DATE IN THE FUTURE.
01:08:05 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER
01:08:06 MIRANDA AND I BELIEVE VIERA WITH THE SECOND.
01:08:09 ALL IN FAVOR?
01:08:10 ANY OPPOSED?
01:08:11 ANYTHING ELSE, SIR?
01:08:13 >>CHARLIE MIRANDA: NO, SIR.
01:08:14 >>GUIDO MANISCALCO: COUNCILMAN CITRO, DO YOU HAVE ANYTHING
01:08:17 SIR?
01:08:18 >>JOSEPH CITRO: NOTHING.
01:08:19 I'LL GO HOME AND EAT A BUNCH OF ICE CREAM AND GO TO SLEEP.
01:08:22 >>GUIDO MANISCALCO: WHY DO YOU TAKE MY IDEAS?
01:08:27 >>JOSEPH CITRO: I'M EATING HIGH-TEST ICE CREAM, MR. CHAIR.
01:08:30 YOU'RE EATING THE LOW FAT.
01:08:31 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER?
01:08:34 >>JOHN DINGFELDER: I HAVE THREE OR FOUR.
01:08:35 I'M KIDDING.
01:08:36 >>GUIDO MANISCALCO: COUNCILMAN GUDES?
01:08:39 >>ORLANDO GUDES: WE NEED TO THANK MR. CREW.
01:08:42 HE CELEBRATED HIS 25th YEAR WITH THE CITY.
01:08:47 >>GUIDO MANISCALCO: CONGRATULATIONS.
01:08:48 [ APPLAUSE ]
01:08:48 VERY GOOD.
01:08:52 >>ORLANDO GUDES: NOTHING ELSE, SIR?
01:08:54 >>LUIS VIERA: I UNFORTUNATELY HAVE A COUPLE.
01:08:56 I MOVE FOR A COMMENDATION, IF I MAY, FOR THE FAMILY OF THE
01:08:58 LATE MR. BRUCE BURNHAM, WHO WAS KNOWN AS THE VOICE OF
01:09:01 ARMWOOD AND MEMBER OF VIETNAM VETERANS OF AMERICA.
01:09:05 HE RECENTLY PASSED ON DUE TO AGENT ORANGE.
01:09:11 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN CITRO.
01:09:13 ALL IN FAVOR?
01:09:16 >>LUIS VIERA: I HAVE A COUPLE MORE.
01:09:18 I'LL GO THROUGH THESE REALLY FAST.
01:09:20 I SAW THAT WE MAY HAVE LEGISLATION IN TALLAHASSEE ON
01:09:24 PREEMPTION OF THE APPRENTICESHIP ORDINANCE.
01:09:27 I JUST SAW IT TODAY BUT PROBABLY MOTIONING ON THAT IN A WEEK
01:09:31 OR TWO.
01:09:31 FY IN THAT REGARD.
01:09:33 THE REST -- STRIKE THAT.
01:09:40 ACTUALLY, NO, THERE IS JUST SOMETHING VERY, VERY BRIEFLY I
01:09:43 WANT TO TALK ABOUT.
01:09:45 ON THE RULE, I THINK IT IS 5.4, I BELIEVE IT IS, THE RULE
01:09:50 THAT PRECLUDES PEOPLE IN THE PUBLIC FROM SPECIFICALLY
01:09:53 MENTIONING CITY COUNCIL MEMBERS, I THINK WE OUGHT TO REDUCE
01:09:58 OR GET RID OF THAT RULE.
01:10:00 IT'S NEVER ENFORCED, AND IT LEAVES THE PROSPECT OF WHENEVER
01:10:05 IT IS ENFORCED THAT IT'S ENFORCED LET'S SAY IN REACTION, I
01:10:08 GUESS, IF YOU WILL.
01:10:10 SO I KNOW MR. CHAIR THAT YOU WERE LOOKING AT MAKING SOME
01:10:13 RULE CHANGES I THINK WITH AN OLD MEMO THAT I DID WHEN I WAS
01:10:18 CHAIR JUST BEFORE COVID, SO I'D ASK THAT THAT AT LEAST BE
01:10:21 LOOKED AT BY OUR CITY ATTORNEY AND JUST BROUGHT BACK TO US.
01:10:25 AGAIN, IT'S NOT ENFORCED.
01:10:27 I JUST THINK IT'S A SILLY RULE.
01:10:30 >>GUIDO MANISCALCO: WE HAVE A SECOND FROM COUNCIL MEMBER
01:10:33 DINGFELDER.
01:10:34 >>MARTIN SHELBY: IF I CAN, MR. CHAIRMAN.
01:10:37 JUST FOR THE PURPOSES OF THE RECORD, COUNCILMAN VIERA YOU'RE
01:10:41 ASKING -- IS IT YOUR REQUEST THAT THE CHAIR LOOK AT CHANGES
01:10:47 TO RULE 5-F RELATIVE TO THE COMMENTS SHALL BE DIRECTED TO
01:10:52 THE COUNCIL AS A BODY AND NOT TO INDIVIDUAL COUNCIL MEMBERS?
01:10:56 >>LUIS VIERA: YES, SIR, NOT THE ONE -- YEAH, YEAH, IF I MAY.
01:11:00 BUT THAT BE BROUGHT CONCURRENTLY WITH THE OTHER CHANGES AS
01:11:02 WELL.
01:11:02 >>MARTIN SHELBY: OKAY.
01:11:04 SO THERE'S NO DATE CERTAIN.
01:11:06 IT'S GOING TO BE DISCUSSED, FRANKLY, I BELIEVE -- COULD BE
01:11:10 DISCUSSED NEXT WEEK WHEN WE COME BACK WITH THE RESOLUTION --
01:11:14 IT'S GOING TO BE COMING BACK.
01:11:15 >>GUIDO MANISCALCO: SECOND FROM COUNCILMAN DINGFELDER.
01:11:18 ALL IN FAVOR?
01:11:19 AYE.
01:11:20 ANY OPPOSED?
01:11:23 >>LUIS VIERA: I LITERALLY HAVE FOUR MORE.
01:11:24 I'LL LEAVE THEM FOR NEXT WEEK.
01:11:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
01:11:26 I HAVE ONE THING.
01:11:27 I HAVE A MEMO FROM ROGER ROSCOE AT FDOT.
01:11:34 THEY WERE GOING TO PRESENT NEXT THURSDAY, BUT THEY WOULD
01:11:39 LIKE TO POSTPONE IT TO A DATE IN JANUARY.
01:11:41 BUT WE HAVE ONLY ONE REGULAR MEETING IN JANUARY, CORRECT?
01:11:45 >>MARTIN SHELBY: I BELIEVE THAT IS JANUARY 14th,
01:11:49 MR. CHAIRMAN.
01:11:51 DID YOU WANT THAT PRESENTATION AT A 9 A.M.?
01:11:57 >>GUIDO MANISCALCO: RIGHT AFTER PUBLIC COMMENT.
01:12:02 >>MARTIN SHELBY: IS THERE A LENGTH TO THE PRESENTATION?
01:12:04 >>GUIDO MANISCALCO: NO MORE THAN TEN MINUTES.
01:12:06 THEY MAY NOT EVEN TAKE THAT LONG.
01:12:08 >>MARTIN SHELBY: THANK YOU, SIR.
01:12:09 >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN MANISCALCO.
01:12:12 DO WE HAVE A SECOND?
01:12:13 SECOND BY COUNCILMAN MIRANDA.
01:12:15 ALL IN FAVOR SAY AYE.
01:12:17 ANY OPPOSED?
01:12:18 THANK YOU.
01:12:19 >>GUIDO MANISCALCO: A HAPPY HANUKKAH TO THOSE CELEBRATING.
01:12:23 >>CHARLIE MIRANDA: MOVE TO RECEIVE AND FILE.
01:12:26 >>JOSEPH CITRO: SECOND.
01:12:30 >>MARTIN SHELBY: IS THAT A MOTION TO RECEIVE AND FILE?
01:12:32 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
01:12:33 MIRANDA.
01:12:34 SECOND FROM COUNCILMAN DINGFELDER.
01:12:36 ALL IN FAVOR?
01:12:37 WE ARE ADJOURNED.
01:12:38 A.M. [ SOUNDING GAVEL ]
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