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17:06:48 >>THOMAS SCOTT: We will now come to order.

17:06:52 Staff and City Council will now come to order.

17:06:54 The Tampa City Council is now in session please.

17:06:55 Thank you.

17:06:59 Roll call.

17:07:00 [roll call]

17:07:09 >>THOMAS SCOTT: First item is the Finance

17:07:09 Committee.

17:07:11 We have a resolution.

17:07:13 Before we take that up, we need to take public

17:07:14 comment.

17:07:18 Anyone here wish to address Council on item 1 or 2?

17:07:22 Item 1 or 2?

17:07:23 >>JOHN DINGFELDER: Move Item 1.

17:07:29 >>GWEN MILLER: Move the resolution.

17:07:29 >> Second.

17:07:31 >>THOMAS SCOTT: Moved and seconded.

17:07:34 All in favor signify by saying aye.

17:07:36 Opposed.

17:07:37 Item 2.

17:07:39 Anyone wish to address Council?

17:07:42 >> Move of the resolution.

17:07:42 >> Second.

17:07:43 >>THOMAS SCOTT: Moved and seconded.

17:07:46 All those in favor signify by saying aye.

17:07:48 Opposed.

17:07:48 Thank you.

17:07:51 Move to public hearing item number 3.

17:07:55 >> Mr. Chairman, if we can ask that items 3 and 4 be

17:07:56 opened at the same time.

17:07:58 >>GWEN MILLER: Move to open 3 and 4.

17:07:59 >>LINDA SAUL-SENA: Second.

17:08:02 >>THOMAS SCOTT: All in favor signify by saying aye.

17:08:06 Opposed.

17:08:14 >> Thank you.

17:08:20 >> Good evening, Council, Stephen Griffin, Planning

17:08:21 Commission staff.

17:08:24 Tonight's public hearing is the first public hearing

17:08:27 of two public hearings for the transmittal of the

17:08:30 plan amendments for August cycle 2009 plan

17:08:31 amendments for the City of Tampa.

17:08:34 After tonight's public hearing, the council will

17:08:38 continue the public hearing to March 11, and we will

17:08:41 continue the adoption on the transmittal of plan

17:08:43 amendments for this cycle of plan amendments.

17:08:46 That is the order of business that we want to

17:08:48 undertake this evening.

17:08:50 I have Mr. Tony Garcia of the Planning Commission

17:08:54 staff to present to you the two plan amendments that

17:09:03 we are going to be hearing tonight.

17:09:17 >>TONY GARCIA: Good evening, members of Council.

17:09:19 Tony Garcia, Planning Commission staff.

17:09:22 I have a powerpoint presentation that I will be

17:09:23 showing you that combines the two plan amendments

17:09:25 that will be here before you this evening.

17:09:29 As you can see on the screen, comp plan amendment

17:09:33 0907 and 0908.

17:09:35 The Seminole Heights vision plan which we have

17:09:37 dubbed "reaching new heights."

17:09:39 One plan amendment that will reflect the basic

17:09:44 principles and tenets of the plan that is reflected

17:09:47 in a series of policies before you, text amendments

17:09:49 that will be added to the section of your new

17:09:51 comprehensive plan in chapter 3.

17:09:58 You will also be presented a new conceptual future

17:10:01 land use change map, changing some sections and I

17:10:03 will go into detail with that as within my

17:10:04 presentation.

17:10:05 Prior to my presentation, I would like to also

17:10:09 announce for anyone in the audience that would like

17:10:13 to receive our -- a copy of the request for

17:10:17 comprehensive plan of the DCA.

17:10:18 Of course this is transmittal hearing.

17:10:20 This is not an adoption hearing.

17:10:22 As Mr. Griffin has stated to you already, we will

17:10:25 continue this hearing until the March 11 hearing

17:10:27 when we have -- we will have, I believe, three plan

17:10:29 amendments or four plan amendments that evening that

17:10:32 will also be transmitted to DCA for state and

17:10:35 regional review and one adoption hearing that night

17:10:37 for a small scale amendment.

17:10:39 At that point in time we will transmit that

17:10:42 amendment and other sister amendments to DCA and the

17:10:44 other reviewing agencies for state and regional

17:10:45 review.

17:10:47 Upon that review that we will be getting in our next

17:10:51 vetted process from DCA, whatever they come out

17:10:54 with, with the notice of intent, anyone that

17:10:57 requests to be added continue to this list, and I

17:11:00 will have this list available to the people at the

17:11:03 end of this hearing, they can get a copy of that

17:11:05 from the state as well.

17:11:07 That being said, I am going to go ahead and go into

17:11:09 -- pardon me, bear with me tonight.

17:11:13 I have a little bit of a cold because of the high

17:11:15 pollen count.

17:11:18 If I am coughing, I am sorry.

17:11:20 It is not contagious.

17:11:21 It is sinus.

17:11:25 Cp 0907 and 0908.

17:11:29 The general location of the proposed plan amendments

17:11:32 is centrally located in the City of Tampa.

17:11:34 I like to call it the City of Tampa proper.

17:11:37 You can see nestled in between Hillsborough Avenue,

17:11:39 Martin Luther King, Jr., and, of course, the

17:11:41 north-South roads of Florida Avenue and Nebraska

17:11:45 Avenue for the most part.

17:11:48 We know that Seminole Heights for the longest time

17:11:52 has been viewed by the City of Tampa as one -- as

17:11:55 one of its original urban neighborhoods.

17:12:00 As reflected here, this is Florida Avenue circa

17:12:01 1930.

17:12:04 Even in its day a significant thoroughfare into the

17:12:08 city 25 to 30 years prior to the initiation of the

17:12:12 Federal highway act of 1954 that initiated highway

17:12:14 development that really didn't come to pass into the

17:12:21 City of Tampa until the mid-1970s.

17:12:25 Seminole Heights is unique in itself represented by

17:12:27 three neighborhood associations.

17:12:29 As I said before, it was established in the early

17:12:34 1920s, and it is signified by a lot of unique

17:12:35 characteristics.

17:12:38 As you can see there is a lot of little historic

17:12:42 motor lodges nestled within the arterials and of

17:12:45 course a lot of mom-and-pop stores which it is

17:12:45 famous for.

17:12:50 Let's not forget its baby, which are the bungalow

17:12:52 homes.

17:12:54 Here is Sinclair Station.

17:12:56 One of my favorites there.

17:12:59 But this is really the butter on the bread for

17:13:01 Seminole Heights, and what they have risen to

17:13:05 National acclaim for, and their pride which is their

17:13:06 residential component of their area.

17:13:09 As you can see, there are a couple of different

17:13:09 styles here.

17:13:13 There is over 20 architectural styles represented in

17:13:14 the Seminole Heights area.

17:13:18 It does have a great architectural diversity, a

17:13:20 great residential diversity and a great character

17:13:21 that needs to be preserved.

17:13:25 One of the first pieces of the request -- a two-part

17:13:27 request, of course, which is why we are looking at

17:13:29 both plan amendments simultaneously, but we want to

17:13:32 acknowledge the greater Seminole Heights Vision Plan

17:13:35 of the goals, policies and objectives to reflect the

17:13:38 guiding principles of the plan.

17:13:41 There was a lot of work done over a two-year time

17:13:41 frame.

17:13:44 As you can see by the pictures that we had a series

17:13:50 of workshops, charettes and a lot of public input on

17:13:52 what is going to be presented to you this evening.

17:13:55 The request as far as it deals with the map change

17:14:00 is to change the city's Future Land Use Map to 213

17:14:04 acres within the greater Seminole Heights area.

17:14:06 We talking about Seminole Heights, southeast

17:14:08 Seminole Heights and South Seminole Heights.

17:14:09 And the categories will basically go from

17:14:13 residential 10, Residential-20, and suburban Mixed

17:14:17 Use-6 and major public, semi public 2,

17:14:19 Residential-20, Residential-35, community Mixed

17:14:25 Use-35 and community Commercial-35.

17:14:30 The effect of the amendment is to provide

17:14:32 enhancements to the land use classifications want

17:14:34 greater Seminole Heights area for greater

17:14:37 redevelopment potential that will hopefully attract

17:14:40 private sector investment along its major corridors.

17:14:43 Let me repeat that last phrase there "along its

17:14:44 major corridors."

17:14:47 When you see the Future Land Use Map proposed

17:14:49 changes you will see that a significant amount of

17:14:52 the changes that are requested go along most of the

17:14:57 collector roads and arterial roads that bifurcate

17:14:58 Seminole Heights and the greater Seminole Heights

17:15:00 area.

17:15:02 Another effect of the amendment is to protect and

17:15:04 capitalize on the existing character of

17:15:07 single-family residential portions of the area.

17:15:10 These are seen as the areas needing the least amount

17:15:12 of change because it is one of the greatest assets

17:15:16 that Seminole Heights has.

17:15:18 There are normal planning issues that one will have

17:15:21 to deal with in trying to make changes here which

17:15:24 deal with mobility, connectivity and compatibility.

17:15:27 We all know that through this whole talk of

17:15:32 multimodal and possible light-rail lines and bus

17:15:35 rapid transit that some of the lines that go through

17:15:36 Seminole Heights might be considered for some

17:15:40 modification for either bus, rapid transit or other

17:15:41 sort of mobile option.

17:15:43 One of the other important things to look at as far

17:15:46 as dealing with mobility is pedestrian mobility.

17:15:49 Another uniform really is sufficient in -- along the

17:15:52 arterials especially in Seminole Heights.

17:15:54 As you can see on the picture to the right over

17:15:57 here, we do have a lot of deficient sidewalks which

17:16:03 make it very difficult to really have that goal of

17:16:05 ensuring pedestrian safety along these major

17:16:06 arterial roads.

17:16:11 So the strategies that we looked at through the

17:16:13 comprehensive plan and through working with the city

17:16:15 staff, the strategies that we looked at were the

17:16:17 districts out there, the neighborhoods, and, of

17:16:20 course, trying to ensure we have prosperity for this

17:16:22 particular area.

17:16:23 The Growth Management solution that was implemented

17:16:26 within our comprehensive plan dealt with the urban

17:16:27 villages.

17:16:30 Seminole Heights is acknowledged as an urban

17:16:31 village.

17:16:34 One of ten urban villages in the City of Tampa, and

17:16:36 it is also part of the mixed use corridor village.

17:16:40 The mixed use corridor village consist of those

17:16:42 arterial roads that have certain characteristics

17:16:45 that allow for the potential for redevelopment

17:16:49 opportunities.

17:16:52 In Tampa's urban form, and I know you all are

17:16:56 becoming familiar with these types of maps, this is

17:16:58 a piece of our vision map for the City of Tampa.

17:17:01 This is the central district, which is where

17:17:03 Seminole Heights is located at.

17:17:05 As you can see, that purple section on the

17:17:10 northernmost piece of the green outline boundary

17:17:12 area is the central district and Seminole Heights is

17:17:15 represented by that purple area up on the north.

17:17:18 As you can see the transit corridors, which are

17:17:21 those wide tan lines that extend through there are

17:17:24 significant as it relates to redevelopment and

17:17:26 connectivity and redevelopment opportunities for

17:17:29 this particular area which has been slated as one of

17:17:31 the three main districts within the city for

17:17:34 redevelopment opportunity.

17:17:37 So the first that we looked at in the comprehensive

17:17:39 plan were the districts, the central Tampa district

17:17:43 is the hub of the region's economic, governmental,

17:17:46 and cultural center.

17:17:47 There are opportunities within the central Tampa

17:17:50 district, talking about improving mobility, about

17:17:52 attracting private investment, retaining the

17:17:55 historic character of the area, and to provide

17:17:58 infrastructure to support redevelopment as proposed

17:18:01 to potentially occur in this area should the

17:18:02 development occur.

17:18:05 Strategy two is to strengthen our diverse

17:18:05 neighborhoods.

17:18:10 Neighborhoods matter because they are microcosms of

17:18:11 the larger community.

17:18:14 We have a business core that suffered in the last

17:18:17 30, 35 years but remnants of very nice architecture,

17:18:19 very nice urban stylings as you can see on the

17:18:23 left-hand side, and I will be repetitive again and

17:18:25 talk about one of the greatest strengths which is

17:18:28 their residential character reflected by one of

17:18:31 these bungalow homes.

17:18:33 So the strategy number 6 talks about building our

17:18:36 assets to retain those tree-lined streets that is

17:18:39 one of the biggest assets in most of our urban

17:18:40 neighborhoods.

17:18:42 This is a picture of Hyde Park that is still

17:18:46 characteristic -- on the right hand side but still

17:18:48 characteristic of our canopied streets for Tampa

17:18:52 heights and Seminole Heights and areas like Hyde

17:18:53 Park.

17:18:56 An old picture of Hillsborough High School on the

17:18:58 left, the black and white version showing you in the

17:18:59 '50s.

17:19:01 Hillsborough High still continues to be a

17:19:02 significant part.

17:19:04 Strategy number 7 talks about growing economic

17:19:06 prosperity.

17:19:09 To try to take a building on the right hand side

17:19:12 that is really underutilized and hope it can be

17:19:16 renovated to at least hopefully maybe materialize

17:19:20 one day into something that is vertically integrated

17:19:23 and much more pedestrian-oriented as the example on

17:19:24 the left.

17:19:27 This is an aerial that shows a study area that was

17:19:33 used by the city staff over the two-year time frame

17:19:35 and encompasses the three neighborhood associations,

17:19:37 old Seminole Heights, southeast and South Seminole

17:19:38 Heights.

17:19:41 The Hillsborough River is your northern and western

17:19:45 boundary.

17:19:47 Here is an existing Future Land Use Map.

17:19:50 And as you can see, in the red, it is kind of

17:19:52 difficult to see, but the red that goes up and down,

17:19:55 that's Nebraska, and that is Florida.

17:19:58 The east-west road you see kind of like in red is

17:19:59 Hillsborough Avenue.

17:20:00 Martin Luther King, Jr. is a little bit farther to

17:20:02 the South.

17:20:04 You have 22nd street going north and South on the

17:20:06 Eastern side.

17:20:07 Easternmost side.

17:20:09 And what is important to note over here as I show

17:20:13 you this change, which reflects where we would like

17:20:16 to see some increases in density and intensity.

17:20:19 It really doesn't make a lot of sense the way you

17:20:22 see these little things hopping around here, these

17:20:25 little squares, which basically when you see these

17:20:27 squares, they are grouped of a lot more private

17:20:29 parcels that are in there.

17:20:32 Like when you see a group that looks like a long

17:20:33 rectangle.

17:20:36 You Idlewild Avenue there on the left, right in the

17:20:41 middle where the Hillsborough River, Idlewild Avenue

17:20:43 and to the right those large brown pieces.

17:20:47 That is actually ten parcel right there, to 15

17:20:47 parcels.

17:20:51 Not like we are talking about one large parcel.

17:20:53 As far as redevelopment potential needs to occur in

17:20:54 areas like this.

17:20:56 For someone to try to do something significant.

17:20:59 They would really have to try to accumulate all

17:21:00 those parcels at one time.

17:21:03 We are not really looking at that being a reality.

17:21:06 We are looking at that as something that can be

17:21:07 considered for much longer term.

17:21:10 This is a 20-year plan that the city has brought to

17:21:12 you this evening.

17:21:16 But what I would like for to you look at is how when

17:21:19 you see these lines go up, how most of the

17:21:23 development that you see is really focused along the

17:21:28 arterials and along the corridors.

17:21:33 So that's really what the focus is going to be on.

17:21:35 It is -- and to do this, by doing this, you are

17:21:38 focusing intensity and density along the major

17:21:42 corridors, and you are keeping the character of the

17:21:45 residential areas that are so, so important and are

17:21:48 such a big part of the make-up and composition of

17:21:50 the Seminole Heights area.

17:21:54 We have had a lot of agency reviews by the City of

17:21:59 Tampa, the School Board, the EPC, the MPO and HART.

17:22:02 There are policies that do support consistency of

17:22:08 what is being proposed to you, policy 23.2.2 that

17:22:11 actually talks about establishing this vision that

17:22:12 is before you this evening.

17:22:15 23.5 which talks about the utilization of a foreign

17:22:18 based code which this is a form-based code.

17:22:21 And it talks about supporting the urban villages in

17:22:22 the comprehensive plan.

17:22:26 So we are following that tenet also.

17:22:29 And also mixed use corridor village.

17:22:32 Transforming places so they go from looking like

17:22:36 something like this to something like this.

17:22:44 So that's a potential that you have before you.

17:22:45 Again is another policy that talks about supporting

17:22:48 the urban village designation.

17:22:51 So in conclusion, based on all these findings of all

17:22:54 the data that has been provided and all the

17:22:57 feedback, this plan is really a plan that has been

17:23:01 embraced, and something that has received a lot of

17:23:05 input to -- the city staff has received a lot of

17:23:07 input from many of the stakeholders in the Seminole

17:23:11 Heights area, citizens, business owners, private

17:23:14 property owners, and I know that you are going to

17:23:17 see people here that may have seen this for the

17:23:18 first time.

17:23:22 That is just, I guess, the nature of the public

17:23:22 process.

17:23:25 This is something that has been noticed and noticed

17:23:28 and noticed over and over again, but it is not

17:23:30 unusual that someone is going to come up and say

17:23:34 they haven't heard of it for the first time.

17:23:35 But that is understandable.

17:23:38 That is the way the process is sometimes, but I can

17:23:42 assure you that we have had -- who will follow me

17:23:44 now and talk a little bit about the specifics of the

17:23:47 vision plan will go into details about the public

17:23:49 process and the public notification process.

17:23:51 But based on all the findings of fact, the Planning

17:23:54 Commission unanimously approved both plan amendments

17:23:56 as consistent with the comprehensive plan.

17:23:57 Thank you.

17:23:59 >>THOMAS SCOTT: Before you leave, Councilman

17:24:00 Dingfelder has a question.

17:24:02 >>JOHN DINGFELDER: Thank you, Mr. Chairman.

17:24:04 Thanks, Tony.

17:24:05 A long time in the making.

17:24:10 Can you go back one or two slides.

17:24:13 What I want to ask you -- it is hard on our maps.

17:24:16 The reds sort of look -- it is hard to distinguish

17:24:23 which red is which in terms of the land use maps.

17:24:25 There you go.

17:24:28 So on the -- on the north-South streets on Florida

17:24:32 and Nebraska, what -- what -- what is the density of

17:24:33 that red?

17:24:37 The same red that is on Hillsborough?

17:24:39 >>TONY GARCIA: The red that is there, yes, that is

17:24:40 cc 35.

17:24:45 Of all the 213 acres, Mr. Dingfelder, I believe only

17:24:50 1.5 acres is going to cc 35, which is the bright

17:24:50 red.

17:24:53 The majority of all the land use classifications,

17:24:57 the biggest land use change is going to go to cmu-35

17:25:01 which encourages mixed use which does not allow CI.

17:25:04 >>JOHN DINGFELDER: Where is that?

17:25:07 >>TONY GARCIA: All these little -- my cursor -- I

17:25:08 can't show you with the cursor.

17:25:11 >>JOHN DINGFELDER: If you want to verbalize it.

17:25:13 >>TONY GARCIA: All the pink colors that you see

17:25:15 going up and down, the pink color is reflective of

17:25:17 CMU-35, the light brown colors.

17:25:19 All the pieces being changed.

17:25:23 If I can go back one -- it will help you -- I have

17:25:26 to take all these lines off to show you but bear

17:25:28 with me.

17:25:33 Okay, a lot -- the red is basically unchanged, but

17:25:34 what we are doing is trying to give a little bit

17:25:36 more depth as you can see.

17:25:40 There is more depth to allow more CMU-35 depth will

17:25:44 allow a lot more general Commercial types of uses

17:25:46 which are the types of uses or neighborhood

17:25:48 Commercial uses that are going to be the type of

17:25:51 uses that are going to be much more

17:25:54 neighborhood-serving types of uses and uses that are

17:25:58 going to be -- instead of being a use that is going

17:26:01 to be considered -- some people consider some uses

17:26:03 noxious uses.

17:26:05 What we have here is the opportunity provide a lot

17:26:08 of uses that will really make this more of a

17:26:10 walkable type of environment -- or walkable type of

17:26:12 environment and also a place where it can be

17:26:15 hopefully a destination in some sections based on a

17:26:19 little bit more in-depth detail that miss close is

17:26:21 going to provide you.

17:26:24 >>JOHN DINGFELDER: All of the pink on Nebraska

17:26:28 between Hillsborough and MLK, all that pink is new?

17:26:30 >>TONY GARCIA: Outlined in heavy black.

17:26:32 Everything outlined in heavy black is new.

17:26:35 Heavy black lines.

17:26:37 >>JOHN DINGFELDER: Just outlined in heavy black.

17:26:40 >>TONY GARCIA: Yes, just what is in heavy black.

17:26:41 >>JOHN DINGFELDER: Okay.

17:26:43 >>TONY GARCIA: You have over -- yeah.

17:26:46 If you -- if you -- she has more maps that are

17:26:48 really going to help you.

17:26:50 >> If I could put it into perspective, Catherine

17:26:53 Coyle with the City of Tampa.

17:26:57 213 acres being proposed to be changed, 3031 acres

17:26:58 in the entire area.

17:27:00 A very small percentage.

17:27:02 >>JOHN DINGFELDER: How many parcel does the 200

17:27:04 acres represent?

17:27:06 >> I would have to count them up.

17:27:07 >> The number of parcels.

17:27:12 >>CATHERINE COYLE: Several hundred parcels, yes.

17:27:13 Very small in this area.

17:27:16 >>TONY GARCIA: Over 10,000 parcels in Seminole

17:27:17 Heights.

17:27:20 Percentagewise 1%.

17:27:22 >>CATHERINE COYLE: It's very small.

17:27:27 >>THOMAS SCOTT: Councilwoman Saul-Sena.

17:27:28 >>LINDA SAUL-SENA: Thank you.

17:27:31 My question is we recognize the amount of investment

17:27:33 in residential which is great.

17:27:35 We want it to develop.

17:27:38 What will keep parking on the Commercial corridors

17:27:40 and out of the neighborhood?

17:27:42 That is a question for you or Cathy.

17:27:45 >>TONY GARCIA: Cathy will be able to answer that

17:27:48 for you also, but that is a question that is little

17:27:50 bit premature.

17:27:52 When we have the code come before you, the form-

17:27:54 based code.

17:27:56 The form-based code will actually have provisions in

17:28:00 it that will have actual reductions in what will be

17:28:01 required for parking compared to what you have right

17:28:02 now.

17:28:03 >>LINDA SAUL-SENA: Great.

17:28:06 >>TONY GARCIA: As you know Tampa Heights, Seminole

17:28:08 Heights, where you didn't have a lot of cars 40, 50

17:28:09 years ago.

17:28:12 If you have a business that want to change like we

17:28:15 had in Cathy's, when they come in they are in

17:28:18 violation of the code because they are trying to

17:28:20 conform to today's standards.

17:28:22 That is what this is trying to look at.

17:28:25 When the new code is brought to you -- we haven't

17:28:25 even talked about.

17:28:27 We have to do this to be able to implement what they

17:28:30 are going to want to do and present to you in the

17:28:32 next four or five months.

17:28:34 So that will be a lot more exciting.

17:28:37 This was a little on the dull side, I hate to say

17:28:41 it, what we do but will be more exciting when you

17:28:42 see what it will do.

17:28:46 She may show you streetscape examples this evening.

17:28:48 >>JOHN DINGFELDER: I had one other question.

17:28:52 >>THOMAS SCOTT: Councilman Dingfelder.

17:28:54 >>JOHN DINGFELDER: Either one of you can respond to

17:28:55 this.

17:28:58 Our initial exposure to this in a factual sense was

17:29:02 the less than fun CVS project that was in front of

17:29:05 us a couple of weeks ago.

17:29:08 No smile, Cathy --

17:29:13 >>TONY GARCIA: I am going to let Cathy answer that

17:29:14 question.

17:29:15 Finish your comment.

17:29:17 >>JOHN DINGFELDER: My only concern coming out of

17:29:22 that experience is for years I thought that

17:29:24 form-based approach was going to give us more

17:29:25 flexibility.

17:29:29 You just gave the example to Linda that in parking

17:29:31 it is more flexibility, but when it came down to

17:29:34 that particular rezoning, it didn't seem like there

17:29:37 was a whole lot of flexibility and Councilmembers

17:29:40 felt boxed in and we had to turn down a project

17:29:44 which nobody was thrilled to turn down the project.

17:29:49 So -- so -- I don't even in put words in your mouth,

17:29:51 I am just trying to express everybody's frustration

17:29:52 a little bit.

17:29:56 But I am just wondering, is there any way we can

17:30:01 build in a little bit more flexibility either in the

17:30:04 -- in the comp plan part of this or when we come to

17:30:09 the code part of it so future councils, you know,

17:30:11 might not have to say yes or no.

17:30:15 We can say sort of maybe.

17:30:17 [scattered applause]

17:30:20 >>CATHERINE COYLE: Thank you, Catherine Coyle, Land

17:30:20 Development.

17:30:22 What I want to clarify for the record, not just this

17:30:26 record but all records I guess is that council took

17:30:28 action on that CVS based on the comprehensive plan

17:30:30 in effect today.

17:30:33 Not any future unpublished form-based code.

17:30:34 Not this vision plan.

17:30:39 Not anything that the public has done over the last

17:30:41 couple of years that spells out anything we showed

17:30:42 you tonight.

17:30:45 >>JOHN DINGFELDER: Just to clarify, we made that

17:30:47 decision based on the comp plan we adopted a year

17:30:48 and a half ago.

17:30:50 >>CATHERINE COYLE: That's correct.

17:30:52 >>JOHN DINGFELDER: But when we adopted it a year

17:30:55 and a half ago, we were headed toward this.

17:30:57 So I think some of the language being relied on by

17:30:59 staff to -- to reject that --

17:31:03 >>CATHERINE COYLE: No, I don't think so.

17:31:05 The language in those staff reports were from the

17:31:08 urban design guidelines in the comprehensive plan

17:31:10 which does not include the community planning

17:31:12 portion of the comp plan that guides what we are

17:31:13 doing tonight.

17:31:17 Two separate sections of two different chapters.

17:31:19 >>JOHN DINGFELDER: But the whole point is -- my

17:31:21 question still stands regardless of which provisions

17:31:25 we might use and whatever.

17:31:27 >>CATHERINE COYLE: I will say that the overall goal

17:31:30 of any -- you can call it form-based or whatever you

17:31:30 want.

17:31:33 Any code we come up with in the future, our is to

17:31:36 make it more flexible and less difficult for the

17:31:41 older areas of the city to redevelop, yes.

17:31:43 However that redevelopment should occur in whatever

17:31:47 form and pattern that area decides is the best to

17:31:48 do.

17:31:50 And this would come forward to you in a code

17:31:53 amendment to make that happen.

17:31:55 There will be automatically buried within those

17:31:58 codes processes to change things.

17:32:01 Variances for design standards, special exceptions

17:32:05 and rezoning processes just like you have today.

17:32:09 So there will be that flexibility.

17:32:12 I am saying it very generically because of a code

17:32:13 that doesn't exist yet.

17:32:16 >>THOMAS SCOTT: As you move forward and CVS is not

17:32:20 here tonight and that is not part of our discussion;

17:32:23 however, if I recall opportunity for them to adjust

17:32:25 their plan and move forward.

17:32:28 From my standpoint, they were unwilling to add to

17:32:30 the map what was requested and make some

17:32:32 modifications, so -- but that's not before us.

17:32:35 That is why that didn't move forward, not because of

17:32:38 the plan -- where there was no flexibility.

17:32:39 There was flexibility.

17:32:47 Just that they were unwilling to work with council.

17:33:02 >> Thank you, Council, Catherine Coyle, Land

17:33:03 Development.

17:33:05 I have handed you four pieces of paper.

17:33:07 I believe they are all in your backup but I went

17:33:11 ahead and gave them to you anyway as handouts you

17:33:12 can easily access.

17:33:14 One of the handouts is an E-Mail from a resident

17:33:17 that I wanted to give you.

17:33:19 It probably isn't in your backup documentation.

17:33:27 If I can have the powerpoint, please.

17:33:29 Greater Seminole Heights planning area is what we

17:33:30 are discussing tonight.

17:33:33 And just to reiterate where we are tonight, there is

17:33:37 the plan amendment dealing solely with land use

17:33:41 classifications, not zoning, not Land Development

17:33:45 regulations, not what you can pull a permit for on

17:33:45 your property today.

17:33:48 This is a 20-year plan looking at the future

17:33:50 potential of property.

17:33:53 We title this as a livable and sustainable urban

17:33:54 village.

17:33:56 Seminole Heights is an urban village as acknowledged

17:33:58 in the comp plan.

17:34:00 Let's see.

17:34:02 What we did through this process was we identified

17:34:06 the community goals, developed concepts, looked at

17:34:09 future land use maps, potential changes, street

17:34:13 designs, looking at the public realm and site layout

17:34:16 and building designs, and we really tried to focus

17:34:18 as much as we could on reuse and infill as well as

17:34:21 redevelopment in areas.

17:34:23 Because if you noticed -- or as you might have

17:34:27 noticed like in rezoning that happened a few years

17:34:29 ago and other rezonings that come before new West

17:34:32 Tampa and East Tampa and some other areas of the

17:34:35 city, it can be difficult to redevelop in certain

17:34:38 areas of the older areas where lots are smaller,

17:34:40 where streets are smaller, and our code has been

17:34:42 dubbed a very suburban code over the years, and we

17:34:45 are looking to update that, but we looked at this

17:34:50 entire process as looking at the private side of

17:34:53 land, as well as the public side, making sure that

17:34:55 whatever conceptual designs we came up with covered

17:35:00 both, so that we worked hand in hand and made sure

17:35:02 to essentially regulate ourselves and guide

17:35:04 ourselves in how we target money and infrastructure

17:35:07 improvements and other design improvements in areas.

17:35:11 If you will see some of those designs tonight.

17:35:14 We documented the challenges and opportunities for

17:35:18 the area as well, and then identified next step.

17:35:22 As I mentioned page 19 was the initial page where

17:35:24 mentioned in the comprehensive plan is where

17:35:27 Seminole Heights was mentioned as an urban village.

17:35:30 The typical goal is to create a sense of place, a

17:35:32 place where people live and work.

17:35:36 It is sustainable, environmentally friendly.

17:35:42 Could you move the captioning to the top please.

17:35:43 I don't have a screen down here.

17:35:44 Thank you.

17:35:47 And place that encouraging community activities and

17:35:48 awareness.

17:35:51 As Tony mentioned a reunified group.

17:35:53 Three highly and well established neighborhood

17:35:56 association, old Seminole Heights, southeast

17:35:59 Seminole Heights and the business guild in the area,

17:36:01 and they have through the years been very vocal with

17:36:03 City Council and the administration and they have

17:36:05 been very unified in their approaches to different

17:36:08 things that have happened in their areas.

17:36:10 They have the Seminole Heights porch parties.

17:36:14 There is a bicycle group that now bikes every

17:36:14 Saturday.

17:36:18 It is very engaged and very involved area.

17:36:21 These are just some photos of some of the typical

17:36:24 architecture in the area.

17:36:26 You see some residential, new and old.

17:36:31 You do see some of the hotel buildings, one on

17:36:32 Florida.

17:36:36 Some of the multifamily, old historic structures,

17:36:39 and then some of the Commercial store fronts, as

17:36:42 well the Tampa bay hardware.

17:36:43 I have to throw that out there.

17:36:44 Unfortunately it is no longer with us.

17:36:48 What we did in the inventory and analysis is we took

17:36:53 folks out with us, volunteers from the work shops

17:36:55 and gathered the inventory of the area.

17:36:57 We measured the streets, measured the sidewalks,

17:37:00 measured the curb width, measured lane width.

17:37:05 Took pictures of all the community assets,

17:37:09 architectural, parks, public pools, whatever was out

17:37:11 there we took pictures to identify what they were

17:37:13 and cataloged them in the process.

17:37:16 We also looked at the existing land uses, any

17:37:18 development trends that have happened over the last

17:37:18 many years.

17:37:23 We looked at recent sales over the last 10 years of

17:37:26 residential and Commercial properties, looked at

17:37:30 their values, and general demographics of the area

17:37:33 and also documented the characteristics of the area

17:37:35 that the people who came to the meetings told us

17:37:37 about which they thought was significant or needed

17:37:39 to be enhanced.

17:37:41 Just background information, this is the planning

17:37:41 area.

17:37:45 Like I said, it is almost five square miles, 3031

17:37:47 acres.

17:37:49 Lots of major streets through this.

17:37:53 A very, very highly defined grid system, with the

17:37:56 exception of the river as it bounds the area but

17:37:59 several cross points.

17:38:01 Martin Luther King, Jr., Hillsborough, Florida and

17:38:05 Nebraska and I-275 is all controlled by the Florida

17:38:10 D.O.T., so very limited opportunity for us to redo

17:38:13 those streets; however, through developing this

17:38:16 plan, we did have a very well engaged group of

17:38:17 people who

17:38:22 participated from all different agencies.

17:38:25 Florida D.O.T. participated in the charettes,

17:38:30 wastewater, Transportation, school board, parks and

17:38:34 recreation, all the outside agencies including HART

17:38:37 participated in these very long series of sessions

17:38:39 that we had along with the residents and business

17:38:42 owners that came to look at what to do.

17:38:44 And we -- D.O.T. made it very clear us to it is

17:38:47 better to have a plan than not to have a plan.

17:38:51 That way they can use those design standards that we

17:38:53 come up with and do the best that they can to try to

17:38:55 model them.

17:38:57 Through the area, you can see that -- as far as

17:39:01 2007, there were 22,000 people in the area and about

17:39:05 -- almost 10,000 households, a fairly populated

17:39:06 area.

17:39:09 It is centrally located only approximately four

17:39:10 miles from downtown.

17:39:11 Very close in.

17:39:14 Complete street grid, historic development and

17:39:15 patterns.

17:39:18 There are two National historic districts and one

17:39:21 local, which is right center in the area.

17:39:23 There are natural -- significant natural resources.

17:39:26 As Tony showed you in one of the photos, significant

17:39:27 urban canopy.

17:39:30 Very, very green in Seminole Heights.

17:39:33 Very -- pretty well defined park system that is

17:39:36 scattered throughout the area as well.

17:39:36 As well as the river.

17:39:39 You can see that it bounds the entire western and

17:39:43 northern boundary, and Epps Park is scattered

17:39:46 throughout as a connection point along the river as

17:39:46 well.

17:39:48 And then immediately to the north across the river

17:39:51 is obviously the water tower and this large park

17:39:52 site to the north.

17:39:54 And then there is obviously numerous redevelopment

17:39:56 opportunities in the area.

17:40:00 The Commercial corridors have pretty much remained

17:40:04 stale as far as redevelopment in the past.

17:40:06 We also inventoried the school.

17:40:08 You can see a fairly high population of children who

17:40:10 go to school in these areas.

17:40:13 Seminole Heights by itself could almost be a small

17:40:16 city with the population, the complete school system

17:40:19 that they have from elementary all the way to high

17:40:19 school.

17:40:22 The number of households, business opportunities and

17:40:25 so on.

17:40:26 This is the first round of meetings that we have

17:40:28 starting February 2008.

17:40:31 It was the kickoff in vision statement goal session.

17:40:36 We did our field sessions following that.

17:40:40 Following 2-D mapping and conceptual maps are 3-D

17:40:43 exercise whereas they built with legos to build

17:40:46 scale models and infrastructure and conceptual

17:40:48 design sessions where D.O.T. and transportation,

17:40:51 stormwater played a very strong hand in those

17:40:54 meetings to really help everyone understand what

17:40:55 those issues are.

17:40:58 We followed those in March and April with lot

17:41:00 development patterns, looking at literally how these

17:41:04 lots are broken up and built in the entire area.

17:41:08 An open house over the course of four days.

17:41:11 We had all those sessions at the garden center,

17:41:13 which I believe is almost complete or is complete.

17:41:14 It is beautiful by the way.

17:41:15 I was married there.

17:41:18 Throw that out there.

17:41:21 Following that, we had additional field sessions.

17:41:23 We took people back in the field.

17:41:25 Here is all the work we did.

17:41:27 Here are the maps.

17:41:28 Here are the designs.

17:41:31 Let's go back in the field and see how real that is.

17:41:34 Go to the very specific areas and see what is out

17:41:34 there.

17:41:36 Is the land vacant.

17:41:38 Is there a single-family house here?

17:41:41 Let's match up as much as we can over the six or

17:41:41 eight areas.

17:41:44 We had a design session where we invited local

17:41:47 architects and designers in to look at what we did

17:41:50 and actually draw some three-dimensional conceptual

17:41:51 graphics for that.

17:41:54 In June we had a wrap-up session in 2008.

17:41:58 If you recall I came to you in August of '08 and

17:42:00 gave you an initial preview of what this was, and

17:42:03 this was the urban -- I am sorry the village center

17:42:05 concept.

17:42:07 There was originally a village center between 275

17:42:10 and Nebraska.

17:42:12 And this was the idea concept for that.

17:42:14 This was one of those initial things, but what this

17:42:17 really showed was how buildings even along a major

17:42:20 street can be a little higher intensity and have a

17:42:24 very walkable and urban form along the major street

17:42:28 in the center, but how easily it can set back the

17:42:30 single family one two-story houses how you can

17:42:32 gradually step down those buildings.

17:42:35 And this is a view of the street level, with the

17:42:38 wider sidewalks, the street trees, and better

17:42:41 treatments of the crosswalk.

17:42:44 The general result -- this is a vision concept map,

17:42:48 and the circles are the nodes that I will go into in

17:42:50 a little more detail in my future map in this

17:42:51 presentation.

17:42:55 It was identified as major and minor intersections

17:42:57 and what the influence of those areas would be.

17:43:01 And how -- that basically identifies walkable

17:43:02 distances.

17:43:06 There is a quarter-mile and a half-mile distance.

17:43:08 You can see with a quarter-mile and half-mile

17:43:12 distance, half miles about larger circles.

17:43:16 The majority of area is covered as far as having a

17:43:18 walkable opportunity to get to some type of service

17:43:21 or some type of residential or some type of public

17:43:22 facility.

17:43:27 In the end, it wound up being only a 4% change over

17:43:31 the whole area out of the 94 million square feet

17:43:34 about 3.7 million.

17:43:37 We also developed a connectivity map.

17:43:39 This map, as I said, we were trying to develop

17:43:45 concepts that would govern what we do as well.

17:43:47 Our first step of developing some type of plan for

17:43:49 bike lanes and for sidewalks.

17:43:51 This is a priority map.

17:43:54 Notice that not every street is identified, but what

17:43:58 this does is it connects these grids within two to

17:44:00 three blocks of each other so we can actually set

17:44:00 priorities.

17:44:05 The blue lines are priority sidewalks, street ways

17:44:09 -- corridors and the tan lines are priority bike

17:44:10 lane corridors.

17:44:12 You may have just a marker with a shoulder for a

17:44:15 bike lane or may on major streets actually have a

17:44:18 striped bike lane which you will see in some of our

17:44:21 concept designs.

17:44:24 Speaking of concept designs, here they are.

17:44:27 The purpose of these designs is really to focus on

17:44:29 the right-of-way itself.

17:44:31 If you look at the cross section of the street where

17:44:34 you see the lanes in the center, you see bike lanes,

17:44:37 and you see on-street parking and wider sidewalks.

17:44:40 This is a 50-foot typical right-of-way on the top.

17:44:43 A 65-foot on the bottom.

17:44:47 We showed larger trees to create that better canopy,

17:44:50 and tried to include bike lanes where we could.

17:44:52 A 50-foot right-of-way, just to give you reference

17:44:54 and for the people in the audience, Florida Avenue

17:44:57 is a 50-foot right-of-way.

17:44:59 Also a major arterial right-of-way if you are the

17:45:00 city.

17:45:01 It is not large.

17:45:03 There is not a lot of room there.

17:45:05 What we wanted to do was show opportunities what

17:45:05 that right-of-way could be.

17:45:09 And hoping in the future to work with D.O.T. in

17:45:11 trying to come up with better designs when they go

17:45:13 in and resurface that.

17:45:15 The bottom is 65 feet.

17:45:19 And to give that point of reference, Osborne Avenue,

17:45:24 Hanna avenue, and broad street, up to 275 from

17:45:28 Florida is approximately 65 feet.

17:45:31 And on that one in particular, you are looking at

17:45:35 12-foot sidewalks with bike lanes, on-street parking

17:45:37 and potential for the two lanes.

17:45:39 This is just one example.

17:45:42 We have six or seven different variations of these

17:45:43 concept designs.

17:45:46 80-foot right-of-way is similar to Nebraska Avenue

17:45:53 and 100 feet is Hillsborough Avenue.

17:45:59 Just to show you Osborne in is a segment between

17:46:00 Florida Avenue and central.

17:46:04 This roadway, as you can see, pretty stark.

17:46:07 It is heavily traveled by students.

17:46:08 Hillsborough Avenue is on the left.

17:46:10 Memorial middle on the right, and Seminole Heights

17:46:13 public library is directly across the street to the

17:46:18 far end from memorial on the right hand side.

17:46:21 A lot of haphazard on-street parking throughout the

17:46:21 day.

17:46:22 It is not marked.

17:46:24 A lot of people walk this corridor because of the

17:46:27 children and teachers and everyone else in this area

17:46:27 throughout the day.

17:46:38 What we wanted to show -- see if it comes up.

17:46:40 Hello.

17:46:49 Ah ... there we go.

17:46:52 Now I do want to back up and give a lot of credit to

17:46:55 the staff in my office.

17:46:57 We developed all these graphics inhouse.

17:47:01 We took in an intern from the art institute, and she

17:47:03 developed several of the graphics, some of the

17:47:06 graphics in Tony's slides which he gets credit for

17:47:09 putting in there, but I am not letting him take

17:47:10 credit for the graphic.

17:47:13 Our staff worked very hard.

17:47:16 Laura Lee is the designer on my staff and she is

17:47:18 phenomenal what she does.

17:47:20 This is just looking at this particular texture

17:47:23 change in the sidewalk, looking at a couple

17:47:23 streetlights.

17:47:28 Looking at really just a change in the paint.

17:47:31 And looking at some of the landscaping options, and

17:47:36 just that minor change from here to here.

17:47:40 No change in much, except some additions of a couple

17:47:43 of trees.

17:47:45 Did you have a question?

17:47:48 >>LINDA SAUL-SENA: Could you do it one more time.

17:47:51 You buried the utilities.

17:47:53 >> Well, yeah.

17:47:54 [Laughter]

17:48:01 Why wouldn't we.

17:48:02 It is supposed to be pretty.

17:48:05 This is another graphic that we -- I think Tony

17:48:05 showed.

17:48:08 You will notice in the very last slide the graphics

17:48:10 get buried on this one too.

17:48:13 This is one of the last -- no offense to anyone that

17:48:16 is listening, but this is one of the last pieces of

17:48:18 Commercial architecture that really has a lot of

17:48:20 significance.

17:48:22 There are -- there are significant Commercial

17:48:24 structures in Seminole Heights, but this one always

17:48:27 catches a lot of people's eyes and gets commented on

17:48:30 in is the one-way portion of Florida as it hits

17:48:32 osborne.

17:48:34 We are now back at the intersection.

17:48:37 The first thought would be to take out that far

17:48:39 lane, bump out the sidewalk, and create those

17:48:44 bulb-outs and create that bike lane some trees for

17:48:46 canopy on the South side.

17:48:48 Minor change.

17:48:51 The next stage is, if you will a one-story

17:48:53 structure, you would build it up to the sidewalk to

17:48:56 hold the line that the other building was holding.

17:48:58 Two stories, fill in the second story of the other

17:49:02 one, and three stories, way in the future, and

17:49:07 obviously no utilities, she flattened them all out.

17:49:09 And a lot of pretty trees.

17:49:12 So it is not that it will ever be this tall, but

17:49:14 this is just showing you those options, the one,

17:49:16 two, and three.

17:49:20 This is Nebraska and osborne.

17:49:21 What it is today.

17:49:24 What it could be if just those walls were opened up

17:49:27 with some transparency.

17:49:28 A second story.

17:49:30 And a third story showing also on that green

17:49:33 building like an outdoor cafe or restaurant on the

17:49:36 top.

17:49:40 Now we went back just a few months ago, maybe six

17:49:45 months or so or so, and we looked at four very

17:49:48 distinct locations within the area, and we wanted to

17:49:51 come up -- looking at the sustainability side of

17:49:55 this plan, because we were really trying to figure

17:49:59 out the reuse, infill development, how we are going

17:50:04 to treat that in the new regulation as it comes.

17:50:05 We looked at vacant property.

17:50:07 We looked at partially built property.

17:50:09 And we looked at existing structures.

17:50:10 And I am just going to run through these designs

17:50:12 really quick.

17:50:14 This is a vacant building with very large open

17:50:19 parking -- dirt parking area to the South.

17:50:24 This is the design, the schematic design where you

17:50:28 will have just the aisles in asphalt but all the

17:50:29 parking spaces would be pervious material.

17:50:32 You would have all Florida-friendly,

17:50:33 drought-tolerant planting.

17:50:36 We also included a solar farm on top of the

17:50:41 building, green roofs, cisterns, all the bells and

17:50:44 whistles, and just for your reference and for the

17:50:46 audience's reference.

17:50:50 The USF Sustainability Conference was in August 2009

17:50:53 and I did this presentation there and we wanted to

17:50:55 show them the opportunities that could occur in this

17:50:57 type of redevelopment.

17:50:58 This is the color version of that.

17:51:00 You can see that the pervious material is in the

17:51:02 lighter color.

17:51:04 Only the asphalt is in the aisles.

17:51:06 We got everything in there.

17:51:09 The stormwater, the solid waste, the parking, the

17:51:11 handicapped spaces, everything.

17:51:12 That is the back of the lot.

17:51:16 This is the front facing Florida.

17:51:18 And then is the preview.

17:51:19 >>LINDA SAUL-SENA: Would that be legal currently

17:51:21 under our rules?

17:51:23 >>CATHERINE COYLE: No.

17:51:24 The idea --

17:51:25 >>LINDA SAUL-SENA: In the future.

17:51:28 >>CATHERINE COYLE: The idea is to create a

17:51:30 regulation that would allow a good type of

17:51:31 redevelopment to occur.

17:51:34 That would actually support the area.

17:51:37 We -- we backed into this.

17:51:40 In the one building is a restaurant on the bottom

17:51:43 and office space on the top, and on the other

17:51:46 building, restaurant and retail on the bottom, and

17:51:49 it was a flexible office with three or four

17:51:52 residential units on the top.

17:51:55 And we backed in the parking and figured out from

17:51:58 there what type of allowances we would have to do.

17:52:00 We worked the opposite way.

17:52:02 Not what our code would do to a development, but

17:52:06 what a development could and probably should be and

17:52:09 worked our code to fit that.

17:52:13 A positive approach as opposed to a negative one.

17:52:16 The second development is at violet and Florida.

17:52:18 And this is an existing structure.

17:52:20 It is a contractor's office.

17:52:22 This was a total reuse.

17:52:23 No new building.

17:52:26 Looking at what the options were for building.

17:52:30 The parking is already in the rear, so

17:52:31 re-establishing that.

17:52:33 We put in the green roof.

17:52:35 We put in rain water harvesting.

17:52:37 We put in a very nice cafe in the front building.

17:52:40 And we put in an agricultural market on the long

17:52:42 piece of the building to the back with a loading

17:52:46 area where community -- future community gardens

17:52:48 could sell their wares.

17:52:50 This is the color version of the rear.

17:52:52 You can see a lot of pervious materials.

17:52:54 This is the front version.

17:52:57 They actually scooped the sidewalk on to the

17:53:01 property to create a very large rain garden in the

17:53:04 front which a very nice green amenity along Florida

17:53:04 Avenue.

17:53:07 And this is that view if you were walking down

17:53:10 Florida Avenue.

17:53:13 This scenario is a brand-new build.

17:53:15 This property is just an empty, vacant lot right

17:53:18 now.

17:53:24 It is an old parking lot for a car lot that is next

17:53:24 door.

17:53:27 We took the style essentially what you will see in

17:53:29 the green, we took the style from the building that

17:53:32 is on osborne and Florida and what this building

17:53:34 shows is a true mixed use development.

17:53:40 It has, I believe, 14 units on the top, and has

17:53:44 retail and office flexible space on the bottom.

17:53:53 The building is actually fronts Nebraska and all the

17:53:55 height and the bulk of the building is up front.

17:53:58 You can see on-street parking placed on to Nebraska

17:54:01 and all the street trees and lights being done.

17:54:04 The bulk of the property in the back, it's about

17:54:09 half and half pervious material and impervious.

17:54:11 They created -- on the top side, you can see some

17:54:14 little carport features which are for the

17:54:14 residential units.

17:54:18 They have solar panels across the top.

17:54:20 And this is the view of the courtyard area.

17:54:23 Again, where like a florist or an agricultural

17:54:27 market would be to sell their goods.

17:54:30 Getting back to the map itself, and just to

17:54:35 reinforce the idea that we took here, Tony mentioned

17:54:39 the interstate system that came through '50s and

17:54:44 ultimately in the '70s in this area.

17:54:47 It essentially obliterated the intersection of this

17:54:49 neighborhood, split it, down the middle.

17:54:52 What we tried to do the best that we could was in

17:54:55 identifying these nodes, which are major nodes for

17:54:58 these people to shop and go to and work and own

17:55:02 businesses, and a lot of the through traffic may

17:55:05 stop at a lot of these uses as well, is to reconnect

17:55:06 the neighborhood.

17:55:08 We created a ladder effect essentially where we

17:55:11 bridge those nodes through the connectors that go

17:55:13 underneath 275.

17:55:17 So if we can, in the future, as a city, target our

17:55:19 money and target our infrastructure improvements to

17:55:22 those connections, then actually connect better to

17:55:26 the east and west side, and in the future as Florida

17:55:30 and Nebraska redevelopment, it will reunify --

17:55:34 redevelop, it will reunify both sides of the

17:55:34 neighborhood.

17:55:37 The general changes were from the charettes.

17:55:40 They followed that ladder concept with minor and

17:55:44 major activity centers reconnecting the

17:55:45 neighborhood.

17:55:47 We did a couple of changes and I want to explain

17:55:47 that.

17:55:51 In some places you will see one fees of R-35 or one

17:55:54 piece of R-20, kind of floating out there that is

17:55:56 not really next to anything.

17:55:59 What we did do is try to identify historical

17:56:01 nonconformities.

17:56:04 One near Hillsborough high, for example, in the her

17:56:06 tore Rick district.

17:56:09 An old brick apartment complex that is there.

17:56:13 It is nonconforming, the land use is single-family

17:56:14 residential.

17:56:17 With this change, we will be identifying it actual

17:56:20 as a conforming structure and a very well-kept

17:56:22 structure in that area.

17:56:24 We try to correct some of those.

17:56:28 We also looked at the -- more of the neighborhood

17:56:31 serving uses like churches throughout the area which

17:56:35 own fairly decent amount of parcels in the area to

17:56:37 upgrade them to an R-20.

17:56:40 You have seen a lot of churches come up before you

17:56:42 for day-care facilities and private school

17:56:45 facilities and we are trying to accommodate that

17:56:47 growing need that churches have shown that service

17:56:49 the neighborhoods that they are in and hopefully

17:56:51 will address in the zoning portion as well those

17:56:52 uses.

17:56:55 But you can see from these nodes, the majority of

17:56:57 those changes that are in the bold lines are within

17:56:59 the circles.

17:57:02 There are very few that are outside those circles,

17:57:05 the majority changes are concentrated within those

17:57:07 nodes.

17:57:11 And obviously the changes under way we are here

17:57:11 tonight.

17:57:14 We are hoping that the changes to the zoning map

17:57:17 some time by the end of the year, and then -- the

17:57:19 unified code for Seminole Heights also by the end of

17:57:19 this year.

17:57:22 So hopefully in the July cycle of this year, you

17:57:24 will start to see a lot of those changes come before

17:57:25 you.

17:57:27 We do anticipate to have a whole another round of

17:57:29 workshops with this area to talk about the pending

17:57:36 code changes, any zoning changes that will come, and

17:57:39 invite just like we did -- Tony mentioned public

17:57:40 notice.

17:57:42 Postcards to every property owner.

17:57:44 Letters to the Commercial property owners as well

17:57:47 several times, and just wanted to make sure we got

17:57:48 as many people as possible.

17:57:50 I have a list of over -- about 500 people that

17:57:54 actually participated through the last couple of

17:57:56 years, and I have had quite a few phone calls and

17:57:59 E-Mails over the last couple of days and I have been

17:58:01 able to explain in to a number of those people and I

17:58:03 think some of those people are here tonight as well,

17:58:06 but I want to reiterate, this is a land use change.

17:58:08 It is the first step in the process.

17:58:10 Even if nothing else happens, even if the zoning and

17:58:14 the code doesn't change in the future, the land use

17:58:16 is what is it is.

17:58:18 The zoning that exists as it is is what it is.

17:58:21 So that's what I wanted to say on that.

17:58:23 I do want to go back through the Planning Commission

17:58:25 recommendation hearing.

17:58:28 I handed out a piece of paper that is double sided

17:58:29 to you.

17:58:32 The table on the top are the two parcels that

17:58:34 removed by myself.

17:58:36 Those were initially stricken prior to the Planning

17:58:38 Commission hearing.

17:58:41 They were errors in the table when we do our

17:58:42 queries.

17:58:43 So I struck those.

17:58:47 So if council is so inclined to transmit this, I

17:58:49 would ask to remove those two.

17:58:51 The Planning Commission recommendation table at the

17:58:53 bottom of page 1 --

17:58:56 >>THOMAS SCOTT: You want to go over the top one.

17:58:59 >> The top two.

17:59:02 The Planning Commission recommendation hearing has,

17:59:07 what, about 20 parcels or so.

17:59:09 Is it numbered?

17:59:10 It is not numbered.

17:59:10 No.

17:59:13 25 or so parcels you can see listed.

17:59:23 The people that came before the Planning Commission

17:59:25 that night made their Kay.

17:59:30 As I stated at this hearing, simply recommendations

17:59:31 that were brought forward from the visioning

17:59:32 sessions from the neighborhood.

17:59:33 It is their plan.

17:59:36 And I want to make sure it is the plan that they

17:59:36 want.

17:59:38 I don't want to create any friction.

17:59:40 I want to make sure that the changes that go through

17:59:42 are the ones that they so desire.

17:59:45 So if there are any changes are needed to be made,

17:59:47 we can discuss those.

17:59:50 And I probably won't have any objections to them.

17:59:55 I am not aware of all of them I am sure.

17:59:56 Yeah, I will show them on that.

18:00:00 On the back side of the architectural review

18:00:02 commission recommendations.

18:00:05 We took this to that hearing last month as well, and

18:00:07 there were about 11 proper sells that were removed

18:00:10 -- parcels that were removed from the map.

18:00:15 Not removed but some were downgraded from CMU-35 to

18:00:22 R-20, you can see some of those left alone.

18:00:28 Just to pinpoint some of them on the overhead, I

18:00:30 believe you received an E-Mail -- I know Mr.

18:00:35 Miranda's office received an E-Mail about Hanna and

18:00:35 15th.

18:00:36 Parcels right here.

18:00:38 That is one of them.

18:00:39 Those parcels are on the Planning Commission

18:00:42 recommendation, so as I said in that hearing, we

18:00:44 have no objection to that being removed.

18:00:50 We anticipated that it would.

18:00:53 The one here on the river at the old Marina is on

18:00:54 that list.

18:01:04 You have got this parcel here and here -- let's see.

18:01:07 You also have the letter that I also gave you from

18:01:11 -- the E-Mail that I gave you tonight from Steve

18:01:15 Newborn and it is parcel along Hamilton, Florida,

18:01:16 and Crawford.

18:01:19 There are a couple of pieces.

18:01:24 These pieces right here that are going to R-20.

18:01:27 That I included in -- I gave you the folio numbers

18:01:29 as you can see on his E-Mail.

18:01:36 I hand wrote them to identify them for the record.

18:01:39 I am probably missing a couple out loud, because

18:01:41 there are 25 on here but -- do you remember any

18:01:43 additional ones, Tony?

18:01:45 There might be little ones here and there, but those

18:01:48 were the big ones that were taken out.

18:01:53 Central -- Osborne, sorry.

18:01:56 That is one I took out right here.

18:02:00 For some reason when we did our query we had the

18:02:03 angus -- change to community mixed use.

18:02:06 I think it got typed in wrong.

18:02:09 Public and quasi-public.

18:02:11 I am available for any questions and certainly I

18:02:13 would like to hear from the audience and then I will

18:02:15 reserve any time for rebuttal.

18:02:18 >>THOMAS SCOTT: Just for clarification again the

18:02:21 one by Mr. Steve Newborn, those are already taken

18:02:23 out.

18:02:25 >>CATHERINE COYLE: That is on this list.

18:02:27 Sorry, in addition.

18:02:29 >>THOMAS SCOTT: Wrote them in.

18:02:30 >>CATHERINE COYLE: I wrote them in so you would say

18:02:34 all of these folios if you were to transmit all of

18:02:34 these folios.

18:02:35 >>THOMAS SCOTT: Questions?

18:02:38 Councilwoman Saul-Sena.

18:02:38 [Inaudible]

18:02:45 --

18:02:47 >>LINDA SAUL-SENA: -- in this entire community and

18:02:49 my hat is off to you.

18:02:50 >>CATHERINE COYLE: Thank you.

18:02:50 >>LINDA SAUL-SENA: Great.

18:02:53 Very exciting.

18:02:56 Just prior to the councilmembers went to have their

18:02:59 photographs taken with the mayor at the park

18:03:02 downtown which is so transformative and looking at

18:03:05 those images tonight, it is really exciting.

18:03:07 >>CATHERINE COYLE: In the long run I hope it is

18:03:09 really good for the neighborhood.

18:03:10 I really do.

18:03:11 >>THOMAS SCOTT: Thank you very much.

18:03:12 No other questions.

18:03:13 This is a public hearing.

18:03:15 If you will come and line up, those who wish to

18:03:17 address council at this time may come and line up.

18:03:19 State your name and address for the record, please.

18:03:21 If you are going to be speaking to Council, please

18:03:24 come at this time and line up so we can see how many

18:03:27 speakers we are going to have and we will take a

18:03:32 break here shortly.

18:03:38 >> Good evening, Council, Christie Hess, East Broad

18:03:38 Street.

18:03:41 As the Vice President of the business guild of

18:03:44 Seminole Heights, I have been asked to present our

18:03:47 support of the changes to the Tampa Comprehensive

18:03:49 Plan submitted to City Council this evening.

18:03:51 The changes to the comprehensive plan will provide

18:03:54 the foundation for the greater Seminole Heights

18:03:56 form-based zoning.

18:03:59 Changes to Commercial corridors in Seminole Heights

18:04:02 has been stymied due to the suburban codes applied

18:04:05 to the historically smaller parcels that exist here.

18:04:08 We understand these plans will not create rapid

18:04:12 improvement on these corridors, but it will allow

18:04:16 for the process of change to slowly begin.

18:04:18 Committed to working with city staff and the

18:04:20 neighborhood organizations to develop form-based

18:04:23 zoning codes that will create an urban city we can

18:04:25 all be proud of.

18:04:27 We look forward to returning to the council later

18:04:30 this year to support the greater Seminole Heights

18:04:33 form-based zoning code.

18:04:37 We appreciate your vote to accept the changes to the

18:04:38 Tampa Comprehensive Plan.

18:04:39 Thank you.

18:04:40 >>THOMAS SCOTT: Thank you very much.

18:04:43 Next speaker.

18:04:49 >> Hi, 919 East Giddens.

18:04:52 My fellow residents, I have a little concern.

18:04:55 Some of the businesses on Hillsborough have

18:05:00 purchased houses that are on Giddens and turned them

18:05:03 into their own business use.

18:05:10 As far as parking for their employees, one bond auto

18:05:12 sales parks cars in the back yard which is directly

18:05:15 across the street from us.

18:05:18 We spent a considerable amount of time to improve

18:05:22 our area, and we have a handicap couple next to us

18:05:26 that I take care of, and the trucks coming down and

18:05:28 -- between two houses they have actually put a

18:05:33 roadway that you can access from Giddens continue to

18:05:34 Hillsborough.

18:05:35 And trucks going through there.

18:05:38 And there is nobody living in those houses.

18:05:40 But they use the property as a parking area.

18:05:44 And we are concerned that -- we would like to keep

18:05:47 that as residential-10 area and not have it

18:05:48 encroach.

18:05:51 I know that they have mentioned in the presentation

18:05:52 that our communities and the type of neighborhoods

18:05:57 that we are trying to maintain and improve and have

18:06:00 people move into the area, and I feel this is

18:06:03 encroaching, and it wasn't what we had planned on

18:06:05 when we did move into that area three years ago.

18:06:08 And we are trying to make the improvements to make

18:06:09 it a better place to live.

18:06:10 Thank you.

18:06:11 >>THOMAS SCOTT: Okay.

18:06:13 Thank you.

18:06:14 >>LINDA SAUL-SENA: Are we going to hear from

18:06:17 everybody and then have the planners answer?

18:06:19 >>THOMAS SCOTT: Yes.

18:06:22 Mr. Garcia, did you all hear what his concerns were

18:06:25 so you can address those when the public finish.

18:06:26 I don't know if you want to address those.

18:06:29 Do you want to wait until the end?

18:06:31 Do you want to wait until the end to address those

18:06:31 concerns?

18:06:33 Okay.

18:06:35 Come up, sir.

18:06:37 Next we will take from this side.

18:06:39 >> Shaun hicks, President of old Seminole Heights

18:06:41 neighborhood association.

18:06:44 On February 16, our board of Directors voted to

18:06:47 support the continuing process and to transmit this.

18:06:49 I have two committee chairs following me that will

18:06:52 talk specifically with regards to other issues, but

18:06:55 we do support the transmittal at this time.

18:06:55 Thank you.

18:06:57 >>THOMAS SCOTT: Thank you very much.

18:07:00 To my right.

18:07:06 >> Good evening, my name is Janet Altman, 913 east

18:07:07 Hamilton avenue.

18:07:09 I did send an E-Mail earlier this week regarding

18:07:13 conference of neighbors on east Hamilton have about

18:07:16 the proposed change from single family to

18:07:16 multifamily.

18:07:19 I have with me the petitions if you have not all

18:07:22 received that these signatures represent almost

18:07:25 every single home on east Hamilton avenue.

18:07:31 We ask that you not change the zoning from 903 to

18:07:35 911 east Hamilton from single family to multifamily.

18:07:37 We would like to protect our neighborhood.

18:07:39 There are historic homes located there.

18:07:42 Of everyone I spoke to, the concerns were obviously

18:07:45 parking and traffic, as well as just the change it

18:07:46 would make to the character of our street.

18:07:48 We have a very friendly street.

18:07:51 There are some neighbors here tonight, the owners at

18:07:56 both 911 and 907 do not agree with this potential

18:07:57 zoning change.

18:07:59 And just want it to be known to you all.

18:08:00 I am very, very concerned.

18:08:02 I expect to be living there 20 years from now.

18:08:06 And I don't want to have next door to me, which is

18:08:10 where this will be, an apartment, a condo, or

18:08:10 anything else.

18:08:13 I want to keep single-family homes in our

18:08:15 neighborhood on our street.

18:08:17 >>THOMAS SCOTT: Thank you.

18:08:22 My left, next speaker, to my left.

18:08:25 >> Thank you, Chairman Scott, members of City

18:08:32 Council, my name Anne McDonald, 5605 9th street

18:08:32 north in Seminole Heights.

18:08:34 I am the Chairman of the Preservation Committee for

18:08:38 the old Seminole Heights Neighborhood Association.

18:08:42 I am also a member of its land use committee and

18:08:44 attended the recent joint neighborhood land use

18:08:50 meeting attended by the business guild and all of

18:08:52 the neighborhood associations.

18:08:54 I have attended many of the form-based neighborhood

18:08:56 meetings and I have discussed form-based as it

18:09:00 relates to the preservation of Seminole Heights,

18:09:03 with members of the planning staff, the county

18:09:05 Planning Commission, and the historic preservation

18:09:06 staff.

18:09:10 I have reviewed the proceedings before the arc which

18:09:13 were held on February 1.

18:09:16 I join with others who have spoken before me and

18:09:19 those who will come after who support this vision

18:09:21 portion of the plan.

18:09:25 I would ask that you vote for it its transmittal and

18:09:28 move it forward in the review process.

18:09:34 I also insist that when it comes back to us, that we

18:09:39 continue to be allowed to have a voice in the

18:09:43 planning of the codes as they are developed.

18:09:47 Seminole Heights is not a blank canvas or a wide

18:09:47 open development.

18:09:51 It is a beautiful historic work that evolved over a

18:09:54 50-year period during the first half of the 20th

18:09:55 century.

18:09:59 Some of our homes are over 100 years old.

18:10:03 It is made up of many neighborhoods large and small.

18:10:05 And all these neighborhoods are diverse

18:10:11 architecturally, ethnically and socioeconomically.

18:10:15 It is this uniqueness that -- it is the blending of

18:10:18 all these elements into a pleasant whole that makes

18:10:21 it such a wonderful place to live.

18:10:25 I ask that you support this vision part of the plan

18:10:29 and mandate that the people most affected by it, all

18:10:32 of the neighbors, be continually involved in the

18:10:35 shaping of the code to become the tools that will

18:10:36 help implement this plan.

18:10:37 Thank you very much.

18:10:39 >>THOMAS SCOTT: Thank you.

18:10:39 Thank you.

18:10:41 Next speaker to my right.

18:10:41 Yes, ma'am.

18:10:43 Yes.

18:10:44 >> Hello.

18:10:47 My name is Vicky Rossbeck.

18:10:51 5109 Tampa street, Tampa, Florida, it is in the area

18:10:52 near Hillsborough Florida Avenue.

18:10:54 I grew up in Seminole Heights.

18:10:58 He remember when we had ice cream shops right down

18:10:59 from the school.

18:11:01 Things were cohesive and we didn't have used car

18:11:04 lots just parking around with cars all around.

18:11:07 So we did have at one time a very good plan at the

18:11:08 very beginning.

18:11:10 What makes Seminole Heights so great is it is slow

18:11:12 to go through the area.

18:11:15 You don't speed through like you might do in

18:11:16 Carrollwood or somewhere.

18:11:19 We have a real unique community, and I appreciate

18:11:22 the comprehensive plan that was spent on that, and

18:11:25 unfortunately in December, I got a letter about

18:11:25 this.

18:11:29 If I had gotten a letter to show me my parcel behind

18:11:33 me -- the parcel behind me was being questioned for

18:11:36 reclassification, I would have been here earlier.

18:11:38 I think a lot of people would have rather had

18:11:41 individual letters where they will be right next

18:11:43 door, but I am thankful for the process that they

18:11:45 have now that we know it.

18:11:47 I sent an E-Mail kind of late this week.

18:11:50 And what I wanted to say is, I live behind the post

18:11:51 office.

18:11:54 There is a very small piece of property that

18:11:56 evidently wasn't adopted into the plan where the

18:11:59 post office is and where the department of

18:12:01 Transportation has that vacant corner at Giddens and

18:12:02 Florida.

18:12:06 And what we have is some seriously mature trees and

18:12:07 palms.

18:12:10 I don't know what would happen if -- if the

18:12:12 Commercial developer or a multifamily use would come

18:12:17 in and maybe make that a retention pond.

18:12:20 Not the oaks that are protected.

18:12:21 They are big oaks.

18:12:25 And my concern was is that is a buffer.

18:12:28 We are a small little group, only about two blocks

18:12:30 of us from Highland over to Florida.

18:12:32 We already see the glaring lights from the Circle K

18:12:35 on the corner at Florida -- I can see them from my

18:12:36 back yard.

18:12:38 We hear the traffic from the interstate.

18:12:41 We hear the traffic from Florida and Hillsborough.

18:12:43 And I am just asking that you let us keep that

18:12:47 little bit of a buffer and take it out of the plan.

18:12:49 I can't give you the -- the address of the parcel,

18:12:52 but it is right behind the post office.

18:12:57 It is only about 5,000 square feet maybe.

18:12:59 I wrote it in my letter.

18:13:03 It is the -- between Giddens and Crest.

18:13:06 And if I might add about this man, has anyone

18:13:08 mentioned how much it is going to cost the city to

18:13:11 upgrade the sewer and the incoming water for that

18:13:14 many people and this much multifamily?

18:13:17 You know, because I didn't know if that was part of

18:13:18 that comprehensive plan or not.

18:13:21 You know, because we have a lot of people already in

18:13:24 the area that are waiting for upgrades as it is.

18:13:25 Just wanted to mention that.

18:13:27 Thank you very much.

18:13:28 >>THOMAS SCOTT: Thank you.

18:13:32 Next speaker.

18:13:38 >> Hi, I am Casey Curry, 210 West Mohawk Avenue.

18:13:43 I am representing the agreed-upon opinion of the

18:13:46 Seminole Heights Land Use Committee meeting of

18:13:46 January 15.

18:13:50 As you heard a joint committee made up of the

18:13:53 Seminole Heights neighborhood association.

18:13:55 For years, our neighborhood associations have been

18:13:59 hoping for redevelopment that suited our urban

18:14:03 neighborhood with a mix of retail, restaurants and

18:14:05 professional services, but our neighbors, small

18:14:07 business owner and large development corporations

18:14:10 have found it exceptionally arduous and often time

18:14:14 consuming to process to develop -- to redevelop in

18:14:16 Seminole Heights.

18:14:19 The form-based code and the vision plan should

18:14:20 streamline that.

18:14:23 The vision plan is the first step in the process and

18:14:27 Seminole Heights joint land use committee finds the

18:14:29 vision plan appropriate and supports the process

18:14:30 moving forward.

18:14:35 The concept or the vision plan fine, and city staff

18:14:37 is in the process of writing the code, but beyond

18:14:40 the details of what will be developed in the code,

18:14:42 we have concerns that form-based zoning will not

18:14:45 address some of our larger problems.

18:14:49 The form-based zoning in itself will not solve the

18:14:52 conflict and the purpose of the major arterial that

18:14:54 is outside the jurisdiction of the City of Tampa,

18:14:57 and we don't feel it is too soon to ask about these

18:15:01 issues.

18:15:05 The -- the form-based code will not in itself make

18:15:08 these corridors become pedestrian-friendly and

18:15:10 multimodal friendly.

18:15:13 The land use abutting these corridors won't change

18:15:15 significantly without this being addressed.

18:15:19 The urban village concept won't be realized without

18:15:22 these corridors becoming more multimodal and

18:15:23 pedestrian friendly.

18:15:26 All four neighborhood associations, old Seminole

18:15:29 Heights, South Seminole Heights, southeast and bgosh

18:15:34 are committed in being deeply involved in the

18:15:37 continuation of the process and we would like the

18:15:39 other concerns taken into consideration and will

18:15:41 follow up as the process advances.

18:15:41 Thank you.

18:15:43 >>THOMAS SCOTT: Thank you.

18:15:45 Next speaker.

18:15:50 >> Good evening, council, Randy -- west Comanche

18:15:53 avenue this has been a long time coming.

18:15:55 Council should focus this is transmittal hearing.

18:15:59 It is just to get the support -- the land use

18:16:03 support in order to develop these codes.

18:16:05 Are there still issues?

18:16:06 Yes.

18:16:08 Casey mentioned several of them regarding the

18:16:10 streets and some other things, but this is the step

18:16:13 -- the necessary step that we need in order to

18:16:16 address those additional issues, and with these kind

18:16:19 of tools, we can go to FDOT who said they want to

18:16:22 see something in place first before they will

18:16:24 consider working with the city to make these roads

18:16:25 more pedestrian friendly.

18:16:27 In the end, what we are trying to do is create more

18:16:29 flexibility.

18:16:35 We all sat through here through Cathy's hearing and

18:16:38 starbuck's hearings and a lot of hearings you didn't

18:16:40 hear because developers came into Seminole Heights

18:16:44 kind not develop based on the codes in place.

18:16:44 Not just Seminole Heights.

18:16:46 You will see some more of these form-based codes

18:16:49 come before you for all of these areas throughout

18:16:53 the city that cannot support the suburban-style

18:16:54 zoning we have in place.

18:16:56 An opportunity for those discrete areas to define

18:16:59 what they want to see, how they want to live, what

18:17:03 they want to support, and I encourage you to vote to

18:17:05 transmit this so that we can move forward with this

18:17:05 process.

18:17:06 Thank you.

18:17:07 >>THOMAS SCOTT: Thank you, sir.

18:17:10 Next speaker.

18:17:14 >> Good evening, Chairman Scott, members of Council.

18:17:18 111 West Chelsea Street and the President of South

18:17:19 Seminole Heights.

18:17:21 And sitting here tonight, two things strike me as --

18:17:23 as really being remarkable.

18:17:26 The first one, back when I think this started during

18:17:29 the Nixon administration maybe --

18:17:29 [ Laughter ]

18:17:35 -- none of us Cathy, none of us got hit measuring

18:17:38 intersections and travel lanes and crosswalks and

18:17:42 recovery zones and green spaces when we measured all

18:17:43 those intersections.

18:17:46 The other thing that I find amazing or remarkable is

18:17:50 that every step of this process has involved the

18:17:50 community.

18:17:54 And although -- and I think you said there were 500

18:17:56 people who participated, everybody had the

18:17:59 opportunity whether they chose to or not.

18:18:02 Everybody received postcards and mailings.

18:18:06 I am very -- I am very good at stand at the recycle

18:18:10 bin and weeding out mail I don't want, and even as

18:18:12 generous as I am throwing things away, I managed to

18:18:15 pull out all of mine and -- so everybody had a

18:18:17 chance to weigh in.

18:18:20 This has truly been a neighborhood project.

18:18:23 And I would ask your support and our neighborhood

18:18:26 would ask your support to push this a little further

18:18:29 down the road, transmit this, so we can move

18:18:32 continue to as Tony said the fun part of it, which

18:18:33 will be writing the codes.

18:18:33 Thank you very much.

18:18:34 >>THOMAS SCOTT: Thank you.

18:18:37 Next speaker.

18:18:41 To my right.

18:18:42 >> Hello.

18:18:46 My name is Gail Davis, 1203 East Mohawk Avenue in

18:18:49 the Hampton Terrace division of Seminole Heights.

18:18:52 I have been to probably three quarters of the

18:18:54 workshops that have been going on throughout the

18:18:58 last two years, and I have to say I went in there

18:19:03 with an open mind thinking, trying to understand --

18:19:05 there is a lot to understand.

18:19:06 There is a lot to it, and I am still not totally

18:19:10 convinced that the way that we are going forward is

18:19:16 absolutely the greatest way to handle the future

18:19:17 code.

18:19:19 I am more concerned about the future code that is

18:19:20 coming down the line.

18:19:22 I realize that this is just the -- the planning

18:19:30 stages for land use I think maybe it needs to be

18:19:33 tweaked some more and maybe have more participation

18:19:35 from people.

18:19:37 I don't think people actually do know the whole

18:19:41 process that will be incorporated with this first

18:19:44 step going into the next step, which is the very

18:19:46 important zoning and code changes.

18:19:50 And it needs to be flexible for the people.

18:19:54 I was quite dismayed over of the CVS outcome.

18:19:57 I thought form-based zoning was going to be helpful

18:20:00 for the people in the area to bring in businesses

18:20:05 and even though there was some compromise on CVS's

18:20:08 side, it did concern me.

18:20:11 It concerned me a lot, because it makes me feel that

18:20:15 there is not going to be any kind of flexibility in

18:20:18 the next important step coming through with the

18:20:19 zoning changes.

18:20:21 So I am not totally convinced this is the way to go,

18:20:24 and I am thinking maybe we need to go back and tweak

18:20:26 it a little bit more.

18:20:29 You know I realize it is already probably past that,

18:20:32 but I am just bringing that up as a major concern.

18:20:35 I am not totally on board with form-based zoning.

18:20:36 So my opposition on that.

18:20:38 >>THOMAS SCOTT: Thank you, ma'am.

18:20:41 Next speaker to my left.

18:20:43 >> My name is sherry Simons.

18:20:45 The President of southeast Seminole Heights civic

18:20:46 association.

18:20:48 I am also our representative with the land use

18:20:50 committee.

18:20:53 So I will start by saying that the land use

18:20:57 committee's opinion represents our opinion also.

18:20:59 The other thing I would like to say because I don't

18:21:02 need to repeat what everybody has already said is

18:21:05 that I think the city -- I would like to give kudos

18:21:08 to the city and sometimes I don't do that.

18:21:12 That we have known, we were advised when it was

18:21:12 coming.

18:21:14 We were advised when it got here.

18:21:18 We were told where to participate.

18:21:22 About three quarters of the way through we were told

18:21:24 this is the work that has been done so far.

18:21:26 If you haven't come to see it, come and see it.

18:21:28 We had postcards.

18:21:30 Every neighborhood association has put it on their

18:21:33 web site, in their newsletter, wherever they

18:21:35 possibly have to tell it.

18:21:37 I appreciate there are people who are concerned, but

18:21:40 the issue that I have is, I don't know how you know

18:21:43 what you are concerned with if you haven't been

18:21:46 involved and haven't taken the time to involve

18:21:48 yourself of the process where you understand what

18:21:49 this means.

18:21:51 I get calls still all the time, you know.

18:21:54 Are they going to eminent domain my house.

18:21:55 No.

18:21:58 But that's -- you understand, that is the kind of

18:22:02 thing that we deal with, and I wish people would

18:22:03 have come -- more people would have come out.

18:22:05 As many as we had, we didn't have a lot of the

18:22:07 people that now have objections.

18:22:09 And I wish they would have been there and could also

18:22:12 understand that it is probably a very positive thing

18:22:14 for us.

18:22:16 It is all I want to say is thank you.

18:22:18 And I hope we can move forward, and we obviously

18:22:22 want to stay as involved as we have been right up to

18:22:25 the end, because everybody has the same concerns.

18:22:28 How it is going to be applied and that is important

18:22:29 to all of us.

18:22:29 Thank you.

18:22:31 >>THOMAS SCOTT: Thank you very much.

18:22:35 Next speaker.

18:22:37 >> Susan long, 920 broad street.

18:22:40 I am a Director of the Seminole Heights foundation.

18:22:43 We created the foundation to help redevelop and

18:22:46 revitalize Seminole Heights.

18:22:49 One of the things that we support very strongly is

18:22:52 this form-based zoning.

18:22:55 Everybody involved in the -- more people who aren't

18:22:58 are very much involved in this process.

18:23:00 It is put together for the -- it is our plan.

18:23:00 We put it together.

18:23:04 The city, unlike some other things, the city didn't

18:23:06 say this is what we are going to do, here is what is

18:23:07 happening to you.

18:23:09 They said, we would like to help you put together a

18:23:10 plan.

18:23:12 We all worked -- we all worked together.

18:23:14 Everybody who had an objection to something that was

18:23:17 zone for their parcel, all they had to do was

18:23:22 contact Cathy Coyle and she would fix it for them.

18:23:24 This has been going on for over two years.

18:23:30 We as a Seminole Heights want to accept this for

18:23:34 transmittal and thanks Tony Garcia and most

18:23:38 especially Cathy Coyle to work through that.

18:23:40 >>THOMAS SCOTT: Thank you.

18:23:42 That concludes most of our speakers.

18:23:46 If Mr. Garcia or Cathy want to respond to the issues

18:23:48 made by the public.

18:23:51 >>CATHERINE COYLE: Thank you, Catherine Coyle, Land

18:23:52 Development, for the record.

18:23:54 What I would say -- I will go through the speakers

18:23:54 that spoke.

18:23:59 Janet Altman spoke and mentioned Hamilton 903 to

18:24:00 911.

18:24:03 Just to reiterate, the E-Mail I gave from you Mr.

18:24:06 Steve Newborn, he is one of the neighbors that

18:24:15 covered 903 to 911 Hamill -- I gave you the folios.

18:24:16 Those are the addresses.

18:24:22 Vicki Rossback mentioned the R-10 to CMU-35 parcel.

18:24:24 Actually a land-locked parcel.

18:24:25 It doesn't touch the street.

18:24:28 It is a piece in the middle of the block.

18:24:29 We were just trying to fill out the land use

18:24:31 classification that was there.

18:24:33 But like I said, that piece is so small and really

18:24:35 insignificant to the whole entire plan.

18:24:37 We have no objections.

18:24:42 That folio 164962.

18:24:47 So if Council is so inclined you can transmit

18:24:49 without that folio.

18:24:51 And everybody else had comments about the future

18:24:54 regulations, which, you know, as I said we are going

18:24:56 to go back and work with them on those pieces.

18:25:01 I didn't have any other specific -- oh, Giddens.

18:25:04 >>THOMAS SCOTT: The gentleman that spoke about --

18:25:07 >>CATHERINE COYLE: I missed his name.

18:25:09 >>THOMAS SCOTT: He talked about taking care of the

18:25:12 handicapped people next door to him and the property

18:25:16 had been purchased by -- I think by -- yeah, bond

18:25:20 auto sales.

18:25:21 >>CATHERINE COYLE: I am not sure that I understand

18:25:22 --

18:25:23 >>THOMAS SCOTT: Sir, come back again and state your

18:25:26 name for the record and state your concern one more

18:25:27 time for her.

18:25:29 She didn't quite get it.

18:25:30 Coil toy.

18:25:31 >>CATHERINE COYLE: Sorry about that.

18:25:34 >> Richard bird from 919 Giddens.

18:25:45 It is on the east part of Hillsborough and Nebraska.

18:25:47 Where are we.

18:25:48 >>CATHERINE COYLE: This is Giddens.

18:25:52 That's north in is Hillsborough and you are down --

18:25:53 >> No.

18:25:55 >>CATHERINE COYLE: You are down --

18:25:55 >> Right here.

18:25:57 That's where I am and where I want to be.

18:26:01 >>CATHERINE COYLE: You are north of Hillsborough?

18:26:03 >> No.

18:26:07 >>CATHERINE COYLE: Giddens is South in line, big

18:26:10 line.

18:26:15 >> Okay so then --

18:26:16 >>CATHERINE COYLE: It's right here.

18:26:21 >> Right here.

18:26:23 >>CATHERINE COYLE: Right where I am showing.

18:26:24 The changes right in here.

18:26:27 >> The changes are occurring right there.

18:26:31 What had happened is apparently the businesses on

18:26:37 Hillsborough had purchased the houses behind on

18:26:40 Giddens which were residential at the time.

18:26:41 They still could be.

18:26:43 And all the houses along wait have been making

18:26:46 improvements, as well as on the other side street

18:26:49 where I live, and we have had problems with the --

18:26:53 with the auto sales company.

18:26:56 They will bring in their used cars and park them in

18:26:59 the back yard which is really the front yard of what

18:27:00 I am looking at.

18:27:07 And then next two houses were purchased, and there

18:27:09 is a road -- an actual dirt road that has gone

18:27:11 through there.

18:27:17 So you can go from Giddens to Hillsborough.

18:27:19 And it is not maintained by -- you know, it is

18:27:21 maintained by the people who own the house.

18:27:25 And then on Giddens, they are parking -- where the

18:27:27 grass would normally be in front of the house, they

18:27:32 leveled that off and put in just dirt, and they were

18:27:35 going to asphalt it so they could park their cars

18:27:38 there.

18:27:41 So we have a problem with a truck -- trucks coming

18:27:45 down through for deliveries off of Giddens into the

18:27:50 back of the area there.

18:27:51 >>CATHERINE COYLE: If I could.

18:27:54 To me that sounds like a code enforcement issue.

18:27:55 They are doing things outside --

18:27:57 >> A code thing but you have it on the map as

18:27:59 changing to a --

18:28:02 >>CATHERINE COYLE: The change would be a

18:28:03 residential classification.

18:28:05 >> It is residential now.

18:28:08 >>CATHERINE COYLE: Even that designation would not

18:28:10 allow expansion of a car lot or parking.

18:28:13 This land use doesn't allow this type of stuff.

18:28:15 What I am thinking is a violation of code.

18:28:16 Have you called --

18:28:18 >> Yeah, we filed on that.

18:28:20 But here is where it is -- this is what I am talking

18:28:23 about.

18:28:24 See we are --

18:28:25 >>CATHERINE COYLE: This is north.

18:28:27 You literally are talking about these pieces right

18:28:27 here.

18:28:28 Yeah.

18:28:30 I understand what he is saying, but --

18:28:33 >> We were -- we were concerned because you are

18:28:36 going to change the zoning --

18:28:37 >>CATHERINE COYLE: No --

18:28:40 >>THOMAS SCOTT: No, no, it's not.

18:28:42 >>LINDA SAUL-SENA: Residential on Giddens.

18:28:44 Giddens will be residential.

18:28:47 >>CATHERINE COYLE: Going from 10 to 20.

18:28:49 >>LINDA SAUL-SENA: Residential, not Commercial.

18:28:52 >>CATHERINE COYLE: The zoning classification put on

18:28:54 the Residential-20 is not a --

18:28:57 >> That's fine but --

18:28:58 >>THOMAS SCOTT: We are just trying to clarify it

18:29:00 for you so you understand it should not be

18:29:01 Commercial.

18:29:01 It should be residential.

18:29:04 And it sounds like now is that there is code

18:29:04 violations.

18:29:08 So you might have to notify code.

18:29:09 >>CATHERINE COYLE: Tomorrow I will check in the

18:29:11 system to find out what is going on.

18:29:14 If you can give me your phone number.

18:29:15 >> I have that if that helps.

18:29:17 >>CATHERINE COYLE: I will check continue to

18:29:18 tomorrow.

18:29:19 >>THOMAS SCOTT: Thank you very much.

18:29:21 So.

18:29:22 >>CATHERINE COYLE: Other than that, that's it.

18:29:25 I know you have to continue this hearing.

18:29:28 >>THOMAS SCOTT: Continue this until March 11.

18:29:30 >>LINDA SAUL-SENA: Move for transmittal?

18:29:32 >>CATHERINE COYLE: If I could clarify for the

18:29:32 audience.

18:29:34 Council is going to need to continue this meeting

18:29:37 because there are other amendments that are split

18:29:39 between two different meetings, but that does not

18:29:41 mean this meeting will be reheard in March.

18:29:43 Tonight is -- tonight is it.

18:29:46 I just want to clarify that there is really no need

18:29:47 to come back.

18:29:50 We are not going to discuss this amendment again

18:29:52 half the night.

18:29:53 >> Council, I think the appropriate motion would be

18:29:57 a motion to incorporate the changes as set forth and

18:30:00 have that brought back for a vote to transmit to DCA

18:30:02 on March 11.

18:30:04 >>LINDA SAUL-SENA: That's my motion.

18:30:05 >>THOMAS SCOTT: Okay.

18:30:07 So did the Clerk get that motion?

18:30:07 Okay.

18:30:10 So then the motion then made by Councilwoman

18:30:18 Saul-sena, seconded by Councilman Miranda.

18:30:21 All those in favor signify by aye.

18:30:23 Opposed.

18:30:25 This will include all the changes recommended on

18:30:30 here -- what Cathy also requested to be --

18:30:34 >> The sheet of folio numbers plus the hand-written

18:30:35 folio numbers.

18:30:38 >> Basically entail the changes recommended

18:30:41 initially by Miss Coyle, the changes to the Planning

18:30:43 Commission meeting that we had, and of course

18:30:45 subsequently the changes that were requested here

18:30:45 this evening.

18:30:47 If I may add, you can --

18:30:50 >>THOMAS SCOTT: Okay -- [gavel sounding]-- still in

18:30:51 session.

18:30:52 Thank you.

18:30:53 >> Appreciate it.

18:30:56 You can vote to transmit it to tonight, you just

18:30:58 can't close the hearing tonight.

18:30:59 >>LINDA SAUL-SENA: Vote for the transmittal.

18:31:01 That was my motion.

18:31:02 >>THOMAS SCOTT: We didn't close it.

18:31:03 We didn't close it --

18:31:06 >> This is actually -- this is a motion in effect to

18:31:08 continue it to that night to incorporate the

18:31:08 changes.

18:31:10 >>LINDA SAUL-SENA: To transmit.

18:31:13 >>TONY GARCIA: Miss Saul-Sena, thank you.

18:31:17 >>THOMAS SCOTT: We carried that motion.

18:31:18 >>.

18:31:22 >> 5:01 on the 11th of March.

18:31:23 >>THOMAS SCOTT: On the 11th.

18:31:25 >>LINDA SAUL-SENA: I have one more comment and that

18:31:29 was from miss curry who was so instrumental on

18:31:32 getting the wall put on Hillsborough Avenue, which

18:31:34 is one of the attractive defining features of the

18:31:34 neighborhood.

18:31:38 We recognize that the Commercial corridors have to

18:31:42 be addressed, the major -- like Hillsborough and Dr.

18:31:45 Martin Luther King, Jr., and that -- as we forge

18:31:48 ahead, we will look at ways to make sure that they

18:31:50 are multimodal and the issues you identified

18:31:51 tonight.

18:31:53 Because it is all of a piece.

18:31:55 We understand we have to do it all.

18:31:56 Thanks.

18:31:57 >>THOMAS SCOTT: Okay.

18:31:58 Anything else?

18:31:59 Okay.

18:32:01 We -- we will stand in recess for five minutes.

18:32:03 We will stand this recess for five minutes.

18:32:05 Thank you.

18:45:21 >>THOMAS SCOTT: The City Council will come to

18:45:22 order.

18:45:24 We will have roll call.

18:45:25 >>JOSEPH P. CAETANO: Here.

18:45:26 >>LINDA SAUL-SENA: Here.

18:45:27 >>GWEN MILLER: Here.

18:45:29 >>CHARLIE MIRANDA: Here.

18:45:29 >>MARY MULHERN: Here.

18:45:31 >>JOHN DINGFELDER: Here.

18:45:34 >>THOMAS SCOTT: Here.

18:45:34 >>THOMAS SCOTT: Okay.

18:45:38 We will begin with item 5, but before we do that, I

18:45:42 think we have to open the hearing and swear

18:45:42 everybody in.

18:45:46 >>CHARLIE MIRANDA: Move item 5 and 6, the opening of

18:45:48 those hearings and I think 7 is a continuation.

18:45:49 >>THOMAS SCOTT: A second.

18:45:50 >>LINDA SAUL-SENA: Second.

18:45:51 >>THOMAS SCOTT: Moved and seconded.

18:45:54 All in favor signify by saying aye.

18:45:56 If you were going to be speaking tonight to Council,

18:45:58 please stand and be sworn at this time.

18:46:01 If you were going to be speaking, please stand and

18:46:05 be sworn.

18:46:07 [oath administered by the Clerk]

18:46:11 >> Mr. Chairman.

18:46:12 >>THOMAS SCOTT: Yes.

18:46:14 >> I ask that all written communication relative to

18:46:16 tonight's hearing which has been available for

18:46:18 public inspection in City Council's office be

18:46:21 received and filed into the record at this time by

18:46:24 motion please.

18:46:25 >> So moved.

18:46:26 >> Second.

18:46:28 >>THOMAS SCOTT: Moved and second.

18:46:30 >> The second Mr. Chairman and members of Council,

18:46:32 if any member of Council has had verbal

18:46:34 communication with any petitioner, his or her

18:46:36 representative or any member of public in connection

18:46:40 with any of tonight's hearing that member of should

18:46:42 prior to action disclose persons, group or entity

18:46:45 with whom the verbal communication occurred and the

18:46:48 substance of that verbal communication.

18:46:51 Finally Mr. Chairman I have been asked to remind all

18:46:53 speakers you have to be under oath.

18:46:55 A sign up there to remind you of that.

18:46:58 If you had not been sworn, and you do choose to

18:47:00 speak, please inform us and you will be sworn in.

18:47:02 Please do so.

18:47:05 Also, Mr. Chairman, finally, a reminder that Council

18:47:12 rules do state that all persons who provide

18:47:14 testimony and in a matter that will be heard

18:47:16 tonight, if you were going to speak, you must

18:47:20 disclose any direct or indirect business or personal

18:47:22 interest between yourself and the petitioner or

18:47:23 applicant that is requesting action.

18:47:26 That information shall not be used to deny the

18:47:29 petition or matter but goes to the weight of the

18:47:33 evidence, information or opinions provided.

18:47:35 Thank you very much, Mr. Chairman.

18:47:36 >> Okay.

18:47:38 We have been handed a sheet in terms of the action

18:47:40 of Council as far as cleaning up the agenda.

18:47:43 Is that accurate?

18:47:46 >>ABBYE FEELEY: Good evening, Council, Abbye

18:47:48 Feeley, Land Development.

18:47:50 Yes, all items are ready to move forward this

18:47:51 evening.

18:47:51 >>THOMAS SCOTT: Thank you.

18:47:55 Begin with item 5.

18:47:56 >> Good evening, Council.

18:48:01 This is petition number z 10-05 -- excuse me,

18:48:04 Tawanda Anthony, Land Development Coordination.

18:48:06 I have been sworn.

18:48:09 The property address is 533 S. Howard Avenue and

18:48:11 they are requesting to rezone from cg Commercial

18:48:15 general, RM-24 residential multifamily to cg

18:48:17 Commercial general.

18:48:21 With that, Tony Garcia with the Planning Commission

18:48:23 will come up.

18:48:24 >>THOMAS SCOTT: Mr. Garcia.

18:48:27 >>TONY GARCIA: Thank you, Mr. Chairman, Tony

18:48:28 Garcia, Planning Commission staff.

18:48:34 I have been sworn in.

18:48:37 To begin with, I would like to inform you that this

18:48:39 particular site is located as far as the future

18:48:41 vision map is concerned within your comprehensive

18:48:44 plan in the central planning district as you all

18:48:45 recall from past conversations.

18:48:48 The central planning district is one of three

18:48:50 districts in the City of Tampa that has been looked

18:48:53 at as an opportunity for growth.

18:48:56 Significant types of growth and opportunities for

18:48:59 redevelopment.

18:49:02 Coming down a little bit farther, I would like to

18:49:10 show you the site.

18:49:15 Push.

18:49:16 >>LINDA SAUL-SENA: It worked.

18:49:19 >>TONY GARCIA: I know how to use it.

18:49:21 Want me to show you this one again.

18:49:27 Is it already, like, too big before to see this one?

18:49:28 Do you got it?

18:49:33 Okay.

18:49:35 The site is located just South of Kennedy boulevard

18:49:39 out of Azeele and Horatio and has two land use

18:49:40 categories.

18:49:42 This is community Commercial-35 and community Mixed

18:49:43 Use-35.

18:49:48 The request is as an Euclidian to why to go to a cg.

18:49:52 Right now are RM-24 for multifamily use and cg which

18:49:55 allows general Commercial use.

18:49:59 The request is to go to all cg for the site.

18:50:03 I think cg here and wants to go cg in the back over

18:50:03 here.

18:50:08 Let me show you an aerial.

18:50:11 That depicts right now -- do you have a strip that

18:50:15 exists on this particular segment of S. Howard

18:50:15 Avenue.

18:50:17 Do you have some multifamily over here.

18:50:21 The old zahn project.

18:50:24 I say old but still relatively new.

18:50:25 On this part of Armenia.

18:50:28 Howard and Armenia are identified in your

18:50:31 comprehensive plan as arterial roads as they are in

18:50:34 your land use classification or your road

18:50:35 classification for the City of Tampa.

18:50:39 Basically cg requests there is no site plan to look

18:50:42 at, but it is consistent with what's allowed in the

18:50:44 particular area.

18:50:46 I can't speak to the actual design characteristics,

18:50:49 but there are design characteristics and guidelines

18:50:55 we have for the cm-35 and cc-35 contained in your

18:50:56 comprehensive plan that the applicant will have to

18:51:00 be sensitive to when they go to construction and

18:51:00 building services.

18:51:02 The Planning Commission staff found the project

18:51:06 consistent with the comprehensive plan.

18:51:09 >>THOMAS SCOTT: Councilwoman Mulhern.

18:51:12 >>MARY MULHERN: Tony, I want to ask you a question.

18:51:16 Is it just that one rectangle off of moody that is

18:51:18 residential right now?

18:51:19 >>TONY GARCIA: Yes.

18:51:21 >>THOMAS SCOTT: Any other questions by Council?

18:51:28 Any other questions?

18:51:35 >> Tawanda Anthony, Land Development.

18:51:38 This is a petition to rezone.

18:51:43 This is RM-24 and want to rezone the entire site to

18:51:43 cg.

18:51:47 Bordered on the east by Howard, on the South by De

18:51:55 Leon, on the west bordered by Horatio to the north,

18:51:59 and -- excuse me.

18:52:02 As you can see there are several PDs surrounding the

18:52:07 property as well that are multifamily, and the

18:52:09 portion on the southwest corner is PD and

18:52:11 multifamily as well.

18:52:13 There are two RM-24 parcels.

18:52:16 One is requesting a rezoning, and the one adjoining

18:52:18 it is also on 24.

18:52:26 The north portion to your properties are zoned cg.

18:52:32 I will show some pictures of the site.

18:52:38 It is a picture of the property.

18:52:42 This is also a picture of the property.

18:52:44 >>THOMAS SCOTT: If you can talk a little bit more

18:52:46 into the mic, Council is having a little problem

18:52:48 hearing --

18:52:53 >> Okay in is a view to the west of the site.

18:52:55 >>THOMAS SCOTT: Okay, make sure it is on and --

18:52:57 there you go.

18:52:59 >> This is the view to the west of the site, and you

18:53:05 can see here this is multifamily.

18:53:09 This is a view to the east across the street, across

18:53:12 Himes.

18:53:14 This is the view to the west to the rear of the

18:53:17 site, and it is adjacent to the parcel that is zoned

18:53:23 RM-24.

18:53:32 The petitioner is proposing to rezone the property

18:53:38 from cg and RM-24 to cg.

18:53:41 To bring the existing shopping center into zoning

18:53:42 conformance.

18:53:45 Based on the nature of this request, no waivers may

18:53:48 be granted, and the development must adhere to all

18:53:50 applicable City of Tampa codes.

18:53:53 The development review committee has reviewed the

18:53:56 petition and finds it consistent.

18:53:57 Are there any questions.

18:54:00 >>THOMAS SCOTT: Councilman Dingfelder and

18:54:02 Councilwoman Saul-Sena.

18:54:05 >>JOHN DINGFELDER: Can you put the --

18:54:11 [Inaudible] -- the overhead.

18:54:12 >> The area of the site.

18:54:13 >>JOHN DINGFELDER: Okay.

18:54:15 We are all very familiar with the Whaley's strip

18:54:16 center.

18:54:19 I guess I have to admit, I am not as familiar with

18:54:23 the back side of it, although I can -- I was

18:54:26 actually there the other night at a neighborhood

18:54:30 meeting, but there is an empty lot next door.

18:54:36 What is actually on this -- the jog out parcel going

18:54:37 toward moody.

18:54:37 What is on there?

18:54:39 A structure on there?

18:54:39 Is it parking?

18:54:41 What's on there.

18:54:43 >> Parking on that site right now.

18:54:46 And parking on the adjacent RM-24 site as well.

18:54:47 >>JOHN DINGFELDER: Okay.

18:54:53 And then immediately next door on moody I see a

18:54:56 structure there with -- it looks like some trees.

18:54:57 What is that structure?

18:54:59 >> This is Commercial.

18:55:02 This entire block from the parcel -- the zoning to

18:55:05 RM - 24 is Commercial.

18:55:06 >>JOHN DINGFELDER: Is the use Commercial?

18:55:08 >> The use is Commercial.

18:55:10 An office building.

18:55:13 >>JOHN DINGFELDER: A little office?

18:55:13 >> Residential on the corner.

18:55:15 >>JOHN DINGFELDER: The residential office building.

18:55:18 The office for the residential.

18:55:18 >> Right.

18:55:20 >>JOHN DINGFELDER: What is the potential uses under

18:55:24 the Euclidian cg?

18:55:26 >> Well property of the existing strip center so it

18:55:29 will retain the use that is currently there and

18:55:33 cannot be separated from a stand-alone as cg.

18:55:35 So always operate in connection with the existing

18:55:36 shopping center.

18:55:37 >>JOHN DINGFELDER: In other words, they couldn't

18:55:40 open a restaurant on that back leg?

18:55:42 >> It doesn't meet the cg standards.

18:55:45 It is not a minimum of 10,000 square feet.

18:55:47 It couldn't stand alone.

18:55:50 >>JOHN DINGFELDER: What is the dimensions?

18:55:53 >> It is about 9,000 square feet.

18:55:54 >>JOHN DINGFELDER: But it is not standing alone if

18:55:57 they just extended that building.

18:56:00 If the entire -- I am a little lost.

18:56:04 If the entire building is now going to be one

18:56:10 unified cg or does it stand parcel by parcel?

18:56:14 >>ABBYE FEELEY: Abbye Feeley, Land Development.

18:56:19 There is a portion -- let me put this on for you.

18:56:22 I explained a little bit -- there is a portion of

18:56:24 the building that currently does jut out into the

18:56:25 RM-24.

18:56:27 >>JOHN DINGFELDER: What's that, back of the market

18:56:29 before?

18:56:33 >> The Japanese steakhouse, if any of you have

18:56:35 eaten there, a recent new restaurant.

18:56:37 A couple of months ago they came to you for an

18:56:40 alcohol petition, and they could only get alcohol in

18:56:42 the front of the restaurant because the back is in a

18:56:45 residential zoning district, and you can't wet a

18:56:47 residential zoning district for alcohol sales.

18:56:50 So if you go to eat there and you sit in the back of

18:56:52 the restaurant, you shouldn't be getting beer or

18:56:56 wine because it is not wet, so to speak.

18:57:00 So this is permitted as one zoning lot.

18:57:03 That is really what precludes anything from

18:57:05 happening there, separate and independent of this

18:57:09 because, one, it doesn't meet requirements for

18:57:12 Commercial general zoning lots in and of itself as

18:57:16 Tawanda was saying and two, because in the zoning

18:57:18 code, interest talks about a zoning lot and defined

18:57:20 as that lot is permitted.

18:57:22 This has been permitted as a whole.

18:57:24 You just had a split zoning on the property.

18:57:28 So they are doing this to bring it into conformance.

18:57:29 >>JOHN DINGFELDER: Well, that makes me feel a

18:57:32 little more comforted because I don't think anybody

18:57:35 on that back Moody's side would like to see a whole

18:57:38 new, you know, Commercial endeavor with an entrance

18:57:42 and this and that on the back side.

18:57:44 Okay.

18:57:47 >>THOMAS SCOTT: Councilwoman Saul-Sena.

18:57:49 >>LINDA SAUL-SENA: That is exactly my concern, and

18:57:52 what you are telling us there couldn't be -- for

18:57:54 example, as an extension of this restaurant, a

18:57:58 take-out window or a lot of Commercial activity on

18:58:01 the Moody's side that all the Commercial access

18:58:05 would have to be on Howard, is that what you are

18:58:06 saying?

18:58:08 >> Yes, because that is the way it has been

18:58:09 permitted at this time.

18:58:10 They would have to --

18:58:12 >>LINDA SAUL-SENA: If they get this rezoning, they

18:58:13 could have a take-out window.

18:58:16 They could have Commercial activity on moody.

18:58:19 Not as a separate entity, but as part of the

18:58:23 existing Commercial use.

18:58:26 >> Moody is a local street, and they would have to

18:58:28 get access -- permission to get access to that local

18:58:30 street and currently they don't have that

18:58:33 permission.

18:58:35 >>LINDA SAUL-SENA: I don't think that -- this is

18:58:36 Euclidian, right?

18:58:39 >> Yes.

18:58:41 >>LINDA SAUL-SENA: So if we allow this, what

18:58:44 precludes them from being able to open up, let's

18:58:48 say, another access point on moody.

18:58:53 The fact it is a residential street.

18:58:54 >>ABBYE FEELEY: I think they currently have access

18:58:59 on moody and nonconforming and can continue if cg is

18:59:01 granted or not.

18:59:03 Your question concerning the take-out window.

18:59:05 They can possibly put one there and what is on the

18:59:07 tail end of the building is back of house which is

18:59:09 their storage, their kitchen, their solid waste --

18:59:12 the probability of that happening during the current

18:59:15 use in that tenant space is probably low, but the

18:59:16 possibility does exist there.

18:59:19 That is a correct statement if this goes to cg.

18:59:21 >>LINDA SAUL-SENA: So really the reason this is

18:59:26 before us so they can have consistent zoning so they

18:59:27 can expand their wet zoning.

18:59:29 >>ABBYE FEELEY: I believe so.

18:59:32 I will let the petitioner speak to that but when he

18:59:34 came in for counseling he discussed that given that

18:59:36 the front is cg and operating that way, to go

18:59:39 through a whole PD and rezone -- you know, it's been

18:59:39 there.

18:59:41 It is an institution of this part of the city.

18:59:45 So --

18:59:47 >>THOMAS SCOTT: Any other question, Council?

18:59:47 Okay.

18:59:52 Petitioner.

18:59:59 >> Good evening, Russell Rotenberg, Suite 112,

19:00:01 Tampa, 33618.

19:00:04 Nothing really to add to the presentation other than

19:00:08 to answer the questions that Councilman Dingfelder

19:00:11 and Councilwoman Saul-Sena brought up.

19:00:14 Regarding the potential for a drive-thru window.

19:00:19 Obviously any drive-up window is subject to a

19:00:21 Special Use Permit in the city.

19:00:23 If they wanted to do that they would have to come

19:00:25 back before you.

19:00:28 And really, the -- what's more limiting to this

19:00:31 particular parcel is the fact that it is very tight

19:00:32 on parking.

19:00:38 In fact last year when -- back through development

19:00:41 review, I think with all of these in there, maybe

19:00:45 one two parking spaces extra on the entire site, so

19:00:47 there really isn't an expansion opportunity for the

19:00:49 shopping center.

19:00:52 It would have to be a total redevelopment, and it

19:00:54 can't be an incremental type thing.

19:00:55 >>THOMAS SCOTT: Okay.

19:00:57 >> I will be happy to answer any questions.

19:00:59 >>THOMAS SCOTT: Anyone here in opposition.

19:01:02 Anyone here in opposition to this petition?

19:01:04 Anyone need to say anything to Council about this

19:01:04 petition?

19:01:07 >>LINDA SAUL-SENA: Move to close.

19:01:07 >> Second.

19:01:09 >>THOMAS SCOTT: move and seconded.

19:01:12 All in favor signify by saying aye.

19:01:14 Councilman Dingfelder.

19:01:15 >>JOHN DINGFELDER: Ladies, thank you for your

19:01:17 clarification on that.

19:01:20 You can understand our -- a little bit of our

19:01:23 concern, but I think you allayed our concern.

19:01:24 Move this --

19:01:26 >>THOMAS SCOTT: Excuse me for a second.

19:01:27 A couple of things.

19:01:30 First thing to do is turn off all cell phones or

19:01:32 silence them please or you may be excused.

19:01:35 Secondly, Council, Mr. Chairman, can you read into

19:01:38 the record -- I read Council rules of order in terms

19:01:45 of waiving signs.

19:01:48 >> Yes, Mr. Chairman, rule 5 e, signs or graphic

19:01:50 displays of any kind shall not be displayed in

19:01:54 Council chambers or lobby except in connection with

19:01:57 a presentation made to Council by a speaker at a

19:01:58 podium.

19:02:00 >>JOHN DINGFELDER: How does a sign relate to a

19:02:02 shirt?

19:02:03 Never mind.

19:02:05 We will get to that next -- next meeting.

19:02:09 Let me go ahead and move --

19:02:12 >> They are not waving it.

19:02:14 >> Mr. Chairman, as a cautionary matter you are

19:02:17 informing that that is Council's rules that they

19:02:18 should avoid doing that.

19:02:21 >>THOMAS SCOTT: Inform all of our citizens what the

19:02:26 rules in place here when Council conducts --

19:02:28 >>JOHN DINGFELDER: I will move for first reading.

19:02:33 An ordinance rezoning at 533 S. Howard Avenue from

19:02:35 zoning district classification cg, Commercial

19:02:40 general and RM-24, residential multifamily to cg

19:02:42 Commercial general provide an effective date.

19:02:43 >>THOMAS SCOTT: Moved and seconded.

19:02:45 Seconded by Councilman Miranda.

19:02:48 Signify by saying aye.

19:02:50 Opposed.

19:02:52 Motion carries unanimously.

19:02:56 March 19 at 9:30 a.m., second reading.

19:03:01 >>THOMAS SCOTT: Item 6.

19:03:29 >> Tawanda Anthony, Land Development Coordination.

19:03:31 Z-1006.

19:03:36 The property address 3602 West Jetton Avenue.

19:03:41 The petition to rezone from RS-60, residential

19:03:44 single family to PD, planned development for single

19:03:45 family detached.

19:03:47 >>THOMAS SCOTT: So we can hear you, if you can

19:03:49 speak a little bit more into the mic.

19:03:51 That would be helpful.

19:03:52 Okay.

19:03:53 >> Okay.

19:03:56 Tony Garcia with the Planning Commission will come

19:03:57 up.

19:04:01 >>THOMAS SCOTT: Very good.

19:04:03 >>TONY GARCIA: Thank you, Mr. Chairman, Tony

19:04:05 Garcia, Planning Commission staff.

19:04:10 I have been sworn.

19:04:14 The next case before you this evening on the vision

19:04:17 map is located in South Tampa district.

19:04:21 The South Tampa district is one of our more stable

19:04:23 neighborhoods but does offer the opportunity for

19:04:25 infill developments and opportunities as they

19:04:29 present themselves.

19:04:31 >>LINDA SAUL-SENA: Speak louder.

19:04:32 >>TONY GARCIA: The mic.

19:04:36 >>THOMAS SCOTT: Mr. Garcia, we are having technical

19:04:39 difficulties tonight either with the system or our

19:04:40 hearing is dull.

19:04:41 [Laughter]

19:04:44 >>TONY GARCIA: Usually I don't need a mic, but I

19:04:47 will go ahead.

19:04:50 >>MARY MULHERN: Speak into the mic please.

19:04:53 >>TONY GARCIA: Make the mic has gotten shorter, I

19:04:56 don't know in site is located in the Gulf view

19:04:57 neighborhood -- how is that.

19:04:58 Is that good.

19:05:01 The land use category is predominant land use

19:05:04 category on the land use map is residential 6 which

19:05:07 is predominantly a single-family detached

19:05:07 residential neighborhood.

19:05:09 The request before you tonight is pretty much

19:05:10 technical in nature.

19:05:13 An existing single-family home here.

19:05:16 What I understand has occurred through counseling

19:05:20 and Land Development Coordination the request is to

19:05:23 recognize or bring into conformity something that

19:05:26 was I think taken off and needed to be readded to

19:05:27 the home.

19:05:29 There was some kind of confusion there.

19:05:32 I may be speaking out of turn as far as the process,

19:05:34 but ultimately it resulted in -- instead of it

19:05:37 requiring a variance it was substantial enough that

19:05:40 it required a PD which is why it is before you this

19:05:40 evening.

19:05:42 As far as what is allowed there under the future

19:05:45 land use category, this is consistent with the

19:05:46 comprehensive plan, to bring it into conformity.

19:05:54 Thank you.

19:06:04 >> Tawanda Anthony, Land Development Coordination.

19:06:08 There are no waivers requested at this time.

19:06:16 I will show the -- starting with the zoning atlas.

19:06:19 The property is located in the green hatched area

19:06:25 bordered by Himes to the South.

19:06:29 To the west is Sterling and to the north is Jetton.

19:06:33 The property is zoned RS-60 and a couple of

19:06:35 adjoining lots that are also RS-60.

19:06:38 The remaining of the subdivision which is

19:06:40 Morningside is RS-75.

19:06:45 To the east and to the north is zoned RS-100,

19:06:55 including the Gulfview park neighborhood.

19:07:06 Here is the aerial of the property.

19:07:12 Here is a view of the property from the front.

19:07:18 Here is the east side view of the property.

19:07:23 Here is the west side view of the property.

19:07:27 And here is the rear view of the site.

19:07:32 Here is the view to the South.

19:07:35 A view to the north.

19:07:39 A view to the west.

19:07:42 And a view to the east.

19:07:46 This is the view looking South on Himes.

19:07:58 The petitioner is proposing to rezone the property

19:08:04 from RS-60 residential single family to PD planned

19:08:05 development.

19:08:07 The existing structure conforming.

19:08:10 Currently the property is a legal nonconforming lot.

19:08:14 The setbacks are as follows: 30, east side is 12.2,

19:08:17 the rear is 8.9, and west side yard is 3 feet.

19:08:20 The maximum building height is 35.

19:08:22 Photos of the existing structure have been submitted

19:08:23 as elevations.

19:08:26 The proposed rezoning will bring the site into

19:08:28 zoning conformance.

19:08:31 The development review committee has reviewed the

19:08:34 petition and finds it consistent with the City of

19:08:36 Tampa Land Development code.

19:08:40 Are there any questions, Council?

19:08:41 >>MARY MULHERN: Sorry, I have one.

19:08:42 I just missed it.

19:08:45 Do you have a picture of the property in question?

19:08:46 >> Yes.

19:08:47 >>MARY MULHERN: If we can see that again just for a

19:08:50 minute.

19:08:53 >>JOHN DINGFELDER: The project area of the

19:09:01 controversial --

19:09:04 >> This is a picture of the west side yard.

19:09:09 And it is currently at a 3-foot side yard setback,

19:09:14 and this is the patio or for thatch is in question.

19:09:17 -- or porch that is in question.

19:09:20 >>MARY MULHERN: Oh, on the side of the house?

19:09:21 >> Yes.

19:09:25 On the west side abutting the neighbor to the west.

19:09:27 And this is the property of the rear.

19:09:32 And this is the -- this is the fence that the

19:09:35 petitioner is requesting to relocate to the property

19:09:35 line.

19:09:37 And this the driveway of the adjoining property

19:09:40 owner to the west, and this their garage of the

19:09:43 adjoining property owner.

19:09:49 The adjacent property owner to the west.

19:09:55 Are there any additional questions?

19:09:56 >>THOMAS SCOTT: Any questions?

19:09:58 Thank you.

19:10:02 Petitioner?

19:10:09 >> Good evening, Councilmembers, Gina Grimes with

19:10:12 the law firm of Hill, Ward and Henderson, 101 East

19:10:14 Kennedy Boulevard, suite 3700.

19:10:21 I represent the petitioners, Mary Ellen and Albert

19:10:28 Elia, and have been sworn, Mr. Shelby.

19:10:34 I am certain you are probably thinking at this time

19:10:36 as we pass out these documents that we are

19:10:43 inundating you with information on what would be a

19:10:45 simple request.

19:10:47 >>JOHN DINGFELDER: We thought it was a new health

19:10:48 care plan.

19:10:53 [Laughter]

19:10:56 Needed to lighten up things.

19:10:58 >> Tully the request is fairly simple and

19:10:59 straightforward.

19:11:03 What we are asking to you do is allow the Elias to

19:11:07 retain the existing footprint of a single-family

19:11:09 home and covered porch to remain in the exact same

19:11:12 location that existed when the Elias purchased the

19:11:14 home in 2004.

19:11:17 Unfortunately, for all of us, this application has

19:11:21 unnecessarily been elevated into somewhat of a

19:11:23 neighborhood controversy, and we believe the request

19:11:26 is being portrayed as something much more than what

19:11:28 it really is.

19:11:32 Miss Elia will address in greater detail what the

19:11:36 neighbors have been told about this request, and

19:11:39 their responses to what they have been told.

19:11:41 Also as a result of some of the issues that have

19:11:44 been raised, we felt it was also necessary to engage

19:11:50 the expert testimony of miss Ethel hammer that will

19:11:53 testify regarding issues related to the PD zoning

19:11:54 and neighborhood compatibility.

19:11:57 But I first would like to address why this rezoning

19:12:01 is being requested and give you some quick history.

19:12:07 The Elias home was built in 1987 and built at the

19:12:10 time when the two homes to the west were also built.

19:12:12 The zoning on those three lots are different than

19:12:14 the zoning in the rest of the entire neighborhood.

19:12:17 The Elias home went through four different owners

19:12:19 until they purchased it in 2004.

19:12:22 And we included in your package, and this is very

19:12:25 important, a copy of the survey that the Elias

19:12:28 obtained when they purchased their home in 2004.

19:12:31 I want to direct your attention the western side of

19:12:34 the survey, on the west side of the property, where

19:12:37 you will see a notation of a screened and covered

19:12:38 brick patio.

19:12:41 The patio is about 10 x 26.

19:12:46 According to that 2004 survey when the Elias

19:12:48 purchased the property, that covered porch was

19:12:50 already located three feet from the side property

19:12:51 line.

19:12:53 As a matter of fact, we used the survey, that 2004

19:12:57 survey, as the base map for our PD rezoning site

19:12:57 plan.

19:13:00 If you turn to the next tab in your book you will

19:13:04 see that the PD site plan almost identically matches

19:13:07 the 2004 survey.

19:13:10 What is critical is that porch still exists at the

19:13:13 same location three feet from that side property

19:13:17 line and no change whatsoever is being requested to

19:13:20 the footprint of the covered patio.

19:13:23 The issue of the location of the covered porch three

19:13:27 feet from the side property line first surfaced in

19:13:31 2009 when the Elias attempted to replace a rotted

19:13:35 canvas roof over the side porch with a solid

19:13:37 aluminum roof.

19:13:40 The canvas roof was already attached to a structural

19:13:43 frame, a membrane, if you will, and you have

19:13:46 pictures of that -- of that roof and the structural

19:13:47 frame.

19:13:51 Actually the pictures were taken by the neighbor in

19:13:53 the west and they are included in the package of

19:13:57 materials of photos taken by the neighbor in 2006.

19:13:59 Those are at tab e-1.

19:14:01 At the time of construction of the roof,

19:14:04 reconstruction of the roof, in August '09, the

19:14:06 neighbor residing in the home to the west called

19:14:08 code enforcement and asked if they investigate the

19:14:10 construction activity.

19:14:13 As a result, code enforcement ended up fighting the

19:14:17 Elias for failure to obtain a permit for the roof.

19:14:18 Nothing more.

19:14:20 They were cited only for that one item.

19:14:23 Without going into the details, we believe there is

19:14:27 a question regarding whether a permit was even

19:14:27 needed for a roof.

19:14:29 There is a difference between a permit being

19:14:32 required for a new roof versus a replacement roof,

19:14:35 and we believe this was a replacement roof; however,

19:14:41 as a result of several E-Mails, 41 of which are

19:14:43 included in the package of materials and telephone

19:14:46 calls from the neighbor to the west, in addition to

19:14:49 raising an issue regarding the permit for the roof,

19:14:52 she also raised an issue dealing with the side

19:14:53 setback.

19:14:56 And as a result, zoning office was asked to

19:14:59 investigate the side setback issue.

19:15:03 And I have to digress a little bit real quickly.

19:15:05 When the zoning office was asked to investigate,

19:15:09 they were required to go back and look at a 2006

19:15:13 variance review board case that the Elias had filed

19:15:15 for this very same property.

19:15:19 The VRB application requested to, quote, have

19:15:22 existing conditions and then also to add a second

19:15:23 level over the existing garage.

19:15:26 The second-story addition over the garage was

19:15:29 opposed by several neighbors, and that aspect of the

19:15:33 application was denied, but the variance review

19:15:36 board -- and their minutes are included in the

19:15:38 materials as well as their orders -- state that

19:15:41 since there was no opposition to vesting the

19:15:44 existing structure, the VRB granted that aspect of

19:15:44 the request.

19:15:47 You would think at that stage, okay, why are we all

19:15:50 here if they granted the existing of the vested

19:15:52 structure back in 2006 --

19:15:55 >>JOHN DINGFELDER: What tab is the VRB.

19:15:59 >> The VRB order is at tab C 4.

19:16:00 >>JOHN DINGFELDER: Thank you.

19:16:03 >> You would think since they granted vesting of the

19:16:05 existing structure there would be need for it.

19:16:08 But unfortunately for us the VRB order said it was

19:16:11 vested at 4 feet from the side property line and not

19:16:14 3 feet where the existing porch was located at the

19:16:14 time.

19:16:19 And the reason we think that occurred was because at

19:16:21 that time they were all focused on the existing

19:16:21 garage.

19:16:24 That garage had a structure attached to it which was

19:16:27 four feet from the side property line and we think

19:16:29 what happened was they referred to that setback for

19:16:31 the attachment to the garage and they didn't look at

19:16:34 the overall site plan; however, I can tell you, that

19:16:38 everyone, especially the Elias, the Gulfview civic

19:16:40 association, and the neighbor to the west all

19:16:42 operated under the assumption that the entire

19:16:45 structure, including the porch three feet from the

19:16:47 side property line was vested.

19:16:51 And the reason I say that is you read the E-Mails

19:16:53 that were sent by the neighbor to the west, she

19:16:56 specifically said the VRB granted vesting of this

19:17:00 existing structure; however, again, because the VRB

19:17:03 order says 4 feet and not 3 feet, we were -- the

19:17:06 zoning could not sign off on the roof permit, and so

19:17:08 we are here in front of you to try to deal with this

19:17:10 setback issue.

19:17:12 When the zoning office undertook their review of

19:17:16 this case and the VRB case and the zoning history,

19:17:18 we did the same thing.

19:17:20 The Elias did the same thing.

19:17:23 When we did, we learned of what we think were very

19:17:26 intrusive activities by this neighbor to the west.

19:17:29 We believe these activities constituted a serious

19:17:34 invasion of the Elias privacy, and as a result, we

19:17:37 it necessitated another component to this PD

19:17:39 request, and that is the request to install sun

19:17:42 porch windows and a covered screen porch.

19:17:45 To install sun porch windows where the screen

19:17:47 previously existed.

19:17:51 The intrusive activities we believe exist are

19:17:54 well-documented in the material we presented you.

19:17:56 If you will -- full look, you will see that in a

19:17:59 two-month period of time, the neighbor to the west

19:18:02 sent 40 E-Mails -- over 40 E-Mails to the city staff

19:18:05 regarding this one singular issue.

19:18:09 And that's 40 E-Mails doesn't count the numerous

19:18:12 phone calls that were made as told to me by city

19:18:16 staff, and also various meetings and -- and the like

19:18:19 that she -- that took place between herself and the

19:18:20 city staff.

19:18:24 But what was even more disconcerting were the photos

19:18:27 that we found that were taken of the Elias home.

19:18:30 And what is so disconcerting about those photos and

19:18:32 apparently -- and you can see they are included in

19:18:35 the pack canning of materials, the photos are --

19:18:38 package of materials, the photos are, you can see

19:18:40 they are taken from inside the neighbors to the west

19:18:42 -- inside the home.

19:18:45 So what you have is a situation where repeatedly

19:18:48 Over time numerous photographs were taken from the

19:18:50 second story inside the home to the west down into

19:18:52 the Elias home.

19:18:55 The problem with that is when you are in the Elias

19:18:57 home and in their yard, you would never know if you

19:19:01 were being watched or you are being photographed.

19:19:03 We know there are other photographs, because they

19:19:06 are also referenced in the E-Mails, and they haven't

19:19:10 been submitted, and we don't know exactly how many

19:19:13 photographs that were taken from the home to the

19:19:16 west inside the Elias home.

19:19:18 I think I also need to address why we are filing

19:19:22 this PD and not going back to the variance review

19:19:25 board, and that reason is important.

19:19:27 That is because the evidence and criteria that can

19:19:30 be considered by the VRB is very limited, and we

19:19:33 believe with not just the vesting issue on this

19:19:35 particular lot, which is -- which is a lot that

19:19:38 doesn't meet current code.

19:19:42 It is a 50-foot-wide lot and 60 foot requirement in

19:19:44 this zoning.

19:19:46 We think because of the configuration of the lot and

19:19:49 because of all of the evidence and testimony we need

19:19:52 to submit regarding the privacy issue, that the VRB

19:19:55 did not really have jurisdiction to consider all

19:19:56 that.

19:20:00 We think that the City Council is the proper body to

19:20:03 consider this decision.

19:20:04 We believe you have the ability to review the

19:20:07 totality of all of these circumstances, consider it,

19:20:10 weigh it, and then make a decision where the VRB is

19:20:13 limited to just the variance criteria.

19:20:15 Lastly, I want to mention one other thing.

19:20:18 Based on what we have been told by neighbors, and

19:20:21 miss Elia will talk about her door-to-door campaign

19:20:24 she conducted, based on what we were told by the

19:20:27 neighbors, apparently the opposition has embarked on

19:20:29 a campaign we will describe as one using scare

19:20:31 tactics and we think you will be hearing a lot of

19:20:34 claims which we will tell you are simply not true.

19:20:37 For instance, we did not add extensive electrical

19:20:39 wiring on this covered porch.

19:20:42 The photos taken by the neighbor to the west, you

19:20:46 will see back in 2006, there were ceiling fans,

19:20:46 lights, outlets.

19:20:49 You can see that from the pictures she took.

19:20:52 We did add -- we did extend some of that wiring to

19:20:55 add a plug on one of the outside walls but that was

19:20:56 it.

19:20:58 The existing electrical wiring was there when the

19:21:00 Elias purchased the home.

19:21:02 Another thing you will hear that we were cited for

19:21:03 various different violations.

19:21:04 Also not true.

19:21:07 We were cited for one thing, failure to obtain the

19:21:09 permit on the roof, and we believe that is in

19:21:10 dispute.

19:21:13 Last you will hear that the PD would allow any kind

19:21:15 of use to take place on this property.

19:21:18 That is simply untrue, and you all know that

19:21:19 probably better than anyone else.

19:21:23 The PD site plan is one of the more restrictive

19:21:25 zoning districts.

19:21:28 This particular PD site plan only allows a single

19:21:32 family structure and you will hear more testimony

19:21:35 regarding that from miss Ethel hammer.

19:21:38 What I want to remind you our request is only for

19:21:41 two things, one, to retain an existing single-family

19:21:44 structure and covered porch in the exact location

19:21:47 that existed when this family purchased this home in

19:21:51 2004, and second, to install the sun porch windows

19:21:53 in the areas where it was previously screened.

19:22:01 Next I would like for you to hear from Ethel Hammer

19:22:05 who is a expert.

19:22:07 She will discuss PD and after miss hammer, miss Elia

19:22:13 would like an opportunity to address you all.

19:22:15 >> Good evening, Councilmembers.

19:22:21 My name is Ethel Hammer, 4343 Anchor Plaza Parkway,

19:22:25 Suite 220, Tampa, 33624.

19:22:26 I have been sworn.

19:22:28 I would like to talk for a few moments about the

19:22:30 zoning history of this parcel.

19:22:33 As Miss Grimes has indicated, the building permits

19:22:36 for the development of this property and the two

19:22:40 lots adjacent to it to the west were issued in

19:22:42 January of 1987.

19:22:47 When it was then zoned r-1a.

19:22:51 All those lots did not meet the minimal lot widths

19:22:54 of 60 feet at the time they got the permits, they

19:22:58 obtained those permits under the old 80% rule and at

19:23:02 the time they got the permits the 80% rule was

19:23:03 something that could be granted administratively.

19:23:07 One month later in February of 1987, City Council

19:23:11 conducted zoning conformance for that section of the

19:23:12 city.

19:23:15 Because permits had been issued already for those

19:23:19 three lots, we have assumed that Council rezoned

19:23:26 these three lots to RS-60 to allow them to remain

19:23:31 conforming to their district standards assuming and

19:23:33 taking into account the 80% rule.

19:23:35 The subject property and the two lots adjacent to

19:23:37 the west are the only three lots in that

19:23:40 neighborhood that are zoned RS-60.

19:23:44 As you can see on your staff zoning map, all the

19:23:51 remaining lots in the immediate vicinity are RS-75.

19:23:54 The fact that this property was the smallest lot of

19:23:57 those three is also contributed to unique

19:23:59 circumstances for this property that should have

19:24:03 been addressed with zoning conformance in 1987.

19:24:07 Now the planned zoning development district didn't

19:24:11 come into being until 1989, so assigning PD at the

19:24:14 time was not an option for City Council.

19:24:17 They had at that time the community unit zoning

19:24:20 district, but that required a minimum lot size of

19:24:21 20,000 square feet.

19:24:23 So that was not a possibility.

19:24:28 So hence they gave them the RS-60.

19:24:33 Both the existing RS-6 to and surrounding RS-75 are

19:24:36 more permissive than the planned development zoning

19:24:37 that we are requesting this evening.

19:24:40 Both of these zoning districts allow uses such as

19:24:45 day care, religious assembly, accessory dwelling

19:24:48 units, and as Miss Grimes has pointed out, the site

19:24:52 plan we submitted will be the controlling factor on

19:24:54 this property in the future, and it will only permit

19:24:59 the structure and its existing walls that are on the

19:25:01 property at the present time.

19:25:06 Any other use would be precluded by the PD zoning

19:25:09 and apparently this has been an issue in the

19:25:09 neighborhood.

19:25:10 So I covered it again.

19:25:14 As previously noted, the subject property is already

19:25:17 zoned differently than the surrounding area due to

19:25:21 special circumstances back in 1987.

19:25:24 During the past six year, a large number of PD

19:25:27 zonings have been approved for the specific reason

19:25:28 that we are requesting.

19:25:34 And this is to recognize nonconforming setbacks.

19:25:38 In Parkland Estates, for example, 54 PD rezonings

19:25:41 alone in that area that were approved specifically

19:25:44 for the purpose of recognizing nonconforming

19:25:46 setbacks.

19:25:51 The use of PD zoning -- [buzzer]-- I will wrap up

19:25:52 very quickly.

19:25:55 Has been commonplace for that specific use.

19:25:58 So we do not believe we are setting a precedent

19:26:01 since that reason has been used repeatedly in the

19:26:03 past.

19:26:05 In summary, I believe that the rezoning is

19:26:09 compatible with the existing development pattern as

19:26:10 determined by staff.

19:26:13 It is also consistent with the purposes of the PD

19:26:15 zoning district.

19:26:19 Single-family residential development predominates

19:26:22 the area and this is consistent with that.

19:26:25 And I would hope you allow miss Elia a few moments

19:26:28 to address Council.

19:26:29 >>THOMAS SCOTT: She will have three minutes as the

19:26:31 public would have.

19:26:32 So three minutes.

19:26:34 >> Good evening, chair Scott and Councilmembers.

19:26:36 Thank you for the opportunity to come and present

19:26:37 our zoning proposal.

19:26:39 There are several issues I would like to address

19:26:43 regarding this proposal.

19:26:48 First of all, you've heard from Miss Grimes and Miss

19:26:51 hammer the chronology and specifics of this request.

19:26:54 The Gulfview civic association is very involved.

19:26:57 They circulated a letter dated October 9 that

19:27:01 contained inaccuracies regarding our proposal.

19:27:04 Our attorney Miss Grimes requested a meeting with

19:27:06 the association's board of Director.

19:27:10 I was out of town, so my husband attended.

19:27:13 They explained the purpose of our proposal and why

19:27:16 privacy needed to be maintained.

19:27:19 They talked about the fact that we were not altering

19:27:20 the footprint.

19:27:23 That this began with the replacement of a rotting

19:27:25 roof.

19:27:28 They discussed the invasion of our privacy and

19:27:31 sought the support of the association to regain our

19:27:35 privacy from the neighbors intrusive actions.

19:27:38 For whatever reason, the Gulfview civic association

19:27:41 responded back to us that they were, quote, standing

19:27:44 by, close quote, their previous letter of October 9

19:27:46 which contained inaccuracies.

19:27:49 In preparation for this hearing, I walked door to

19:27:51 door to explain our request to the neighbors.

19:27:54 As I met with them, the neighbors stated that they

19:27:57 were told the following: That we were enlarging the

19:27:58 footprint.

19:28:03 That what we had was only an awning, no screens, no

19:28:05 structure and no electricity.

19:28:08 That the PD zoning met that in the future our house

19:28:12 could be converted to a multifamily any time.

19:28:15 I explained to the neighbors that we were not

19:28:18 enlarging the footprint, that it will remain the

19:28:20 exact same footprint of the house that we purchased

19:28:23 in 2004.

19:28:25 That we had a fabric roof.

19:28:28 That the structural frame and can be seen in the

19:28:29 photos as Gina pointed out.

19:28:33 The canvas roof rotted and replacing it with a hard

19:28:33 roof.

19:28:35 We had electricity.

19:28:36 We had fans.

19:28:38 We had lights, and we had lights on the walls.

19:28:40 So that was not really true.

19:28:44 And then our PD designation for single family only

19:28:49 and can't be changed other than by City Council.

19:28:51 After I explained to the neighbors what was planned,

19:28:55 most of them said that wasn't how it was explained

19:28:55 to me.

19:28:57 There are comment sheets in your book related to

19:28:58 this.

19:29:05 If you look at f-6, f-8, f-12, and I can repeat a

19:29:11 few of the things -- f-6 is we completely support

19:29:12 the Elia proposal.

19:29:14 I am going to skip through a number things.

19:29:18 But this change in the existing patio does not

19:29:22 bother us in any way, and we feel that the entire

19:29:27 matter borders on harassment of the Elias.

19:29:32 On comment sheet f-8, it was written,

19:29:36 reunderstanding the situation on 3602 west Jetton,

19:29:41 this family from 3605 is in agreement with the

19:29:44 redistricting of the -- off of the previous

19:29:48 statement made by our neighbor in December.

19:29:52 We stand by the Elia family rezoning.

19:29:56 F-12, we have no objections to the request now that

19:29:58 we have the facts.

19:30:04 F-14, thank you for clarifying the rezoning to PD.

19:30:07 With luck with this project.

19:30:09 Chair Scott, can I just finish for two more minutes.

19:30:12 I don't mind if anyone else --

19:30:14 >>THOMAS SCOTT: One additional minute.

19:30:15 >> Thank you.

19:30:18 F-16, based on the enclosed summary the previous

19:30:21 information was erroneous and passed through with

19:30:23 descriptions incorrectly voted.

19:30:28 Therefore, I -- I rescind my negative statements and

19:30:31 I am now in favor of the variance.

19:30:34 F-19, I support the rezoning request because it

19:30:36 follows the current footprint.

19:30:38 There are a number things I didn't read all of them

19:30:39 to you.

19:30:42 The last issue I have to address with you is the

19:30:45 privacy issue.

19:30:49 You all know what it is like to be a public figure.

19:30:53 Like everyone else, I work long hours.

19:30:58 I really am very seldom at my home.

19:31:03 But when I am, I want privacy.

19:31:07 This home is a 2500-square-foot house.

19:31:09 It has a lot of windows.

19:31:13 That's why we bought it.

19:31:16 We aren't using our windows now.

19:31:21 We are closing them off with shades, the windows

19:31:22 around the house.

19:31:24 I am a very public person.

19:31:27 I don't like to be here to talk about this.

19:31:29 It is personal.

19:31:31 My husband is not.

19:31:33 He is very private.

19:31:36 He didn't want to be -- he didn't want to meet with

19:31:38 the Gulfview civic association, but he had to

19:31:40 because I was out of town.

19:31:44 He didn't want to be here tonight, but he needed to

19:31:45 be.

19:31:49 As a direct result of this intrusive behavior in our

19:31:52 -- by our -- I am sorry --

19:31:55 >>THOMAS SCOTT: I have to ask you to stop there.

19:31:56 >> Yes.

19:31:58 >>THOMAS SCOTT: We do have questions from Council.

19:32:01 Councilwoman Mulhern.

19:32:03 >>MARY MULHERN: Mary Ellen, you probably will be

19:32:06 the best person to answer this.

19:32:08 When you bought your house, were there screens on

19:32:09 that porch.

19:32:11 >> Yes, it has always been screen.

19:32:12 It is a structure.

19:32:15 The screens are back there, yes.

19:32:16 >>MARY MULHERN: Thank you.

19:32:18 >>THOMAS SCOTT: Any other questions from Council?

19:32:22 Thank you very much.

19:32:24 >> Mr. Chairman, thank you very much, and when we

19:32:28 come back for rebuttal we will allow miss Elia to

19:32:32 finish up the rest of her.

19:32:33 >>THOMAS SCOTT: You will have five minutes on your

19:32:34 rebuttal.

19:32:38 >> I would like to provide for the record -- Tawanda

19:32:41 Anthony, Land Development Coordination.

19:32:44 Letters of objection as well as letters from city

19:32:52 staff.

19:32:58 >>LINDA SAUL-SENA: Can I ask a question?

19:33:01 >>THOMAS SCOTT: Councilwoman Saul-Sena.

19:33:03 >>LINDA SAUL-SENA: I couldn't find the photos in

19:33:04 here.

19:33:05 >>THOMAS SCOTT: In the back.

19:33:11 F-1 I think it was.

19:33:12 Either F or E.

19:33:16 >>LINDA SAUL-SENA: Thank you.

19:33:16 >> E.

19:33:17 >>THOMAS SCOTT: He.

19:33:18 >>LINDA SAUL-SENA: Thanks.

19:33:22 >>THOMAS SCOTT: This is a public hearing.

19:33:24 Those who wish to speak may come.

19:33:28 Those in support may line up to my right.

19:33:29 Those in opposition to my left.

19:33:32 Those who are in support to my right.

19:33:36 If you are going to speak on this petition, you may

19:33:40 line up now please.

19:33:43 And those of you on the wall who are not speaking I

19:33:46 appreciate that and we will hear from the pub those

19:33:48 who want to speak -- opposition on the left.

19:33:50 Opposition on the left.

19:33:52 And those in support on the right.

19:33:55 Those in support on my right.

19:33:59 On my right.

19:34:05 Those who are opposed to rezoning to my left.

19:34:09 Okay.

19:34:11 All right, yes.

19:34:13 >> Good evening, my name is Bob Glaser.

19:34:16 My address 3801 Bay to Bay boulevard.

19:34:19 I am here neither for the bride nor the groom.

19:34:20 I have no dog in the fight.

19:34:23 I just wanted to clarify that in the documents

19:34:29 received, a lot of the facts -- Smith and associates

19:34:30 real estate.

19:34:33 One of our agents is a licensee and participating

19:34:37 the hearing, and used our faxes, but we have no dog

19:34:37 in the fight.

19:34:39 >>THOMAS SCOTT: Okay.

19:34:41 Let the gentleman come.

19:34:42 >> Have a great evening.

19:34:42 >>THOMAS SCOTT: Thank you.

19:34:45 To my left.

19:34:52 All right.

19:34:55 Just give him the mic and let him sit down if you

19:35:01 want to.

19:35:05 >> Good evening, Davis Bolling and I live at 3402

19:35:08 West Mullin Avenue.

19:35:13 I am not sure if I am confused.

19:35:15 For a zone change, development.

19:35:18 I don't object to adding a footprint there.

19:35:22 And I don't see any reason to bother anybody if it

19:35:26 is only in the alley but I do object to a change in

19:35:29 zoning to other areas and other times someone else

19:35:31 will want to do something more severe than this.

19:35:33 That is my objection.

19:35:34 >>THOMAS SCOTT: Thank you, sir.

19:35:35 Okay.

19:35:36 Yes.

19:35:37 To my right.

19:35:40 We are going to alternate back and forth.

19:35:43 >> My name is Michael Henry and I live at 915 South

19:35:44 Himes.

19:35:47 My property was probably one of the original lots,

19:35:51 and the three homes that were built all go along my

19:35:52 property line.

19:35:57 I lived in that house for the past five years.

19:36:00 And I have to be honest, I feel like I have been a

19:36:03 victim of code harassment.

19:36:07 Initially I had an area set up with a garden shed

19:36:10 and potting area and a gardening area, and to my

19:36:12 surprise, I received a code violation.

19:36:16 And I went out and, you know, I kind of organized my

19:36:19 pots and apparently there is a problem with the

19:36:19 fence.

19:36:21 I went around to the side of the fence that faces

19:36:25 the property that -- to the west of the property we

19:36:29 are talking about, and there was a plank broken.

19:36:31 So I repaired the plank.

19:36:32 I painted it.

19:36:35 And apparently everything was good only to find out

19:36:38 the next -- that following winter -- it was like

19:36:40 five months later I was in violation again.

19:36:43 And this time I went out and there were two planks

19:36:43 broken.

19:36:46 So I did a little investigation, and I found out

19:36:51 that the -- the gutter had been redirected from my

19:36:55 neighbor's garage over to within a foot of my fence

19:36:58 which was rotting the fence, and bottom line is, I

19:37:01 asked the neighbor to redirect that, repair it, and

19:37:03 I was so tired of this.

19:37:06 What I did was I ripped out the fence, put in a

19:37:07 brand-new fence.

19:37:08 I paved over the area.

19:37:11 I moved the garden shed and another garden area and

19:37:12 nobody seems to have a problem.

19:37:16 And what I wanted to do was I want to come here

19:37:18 today because it seems like we shouldn't look at

19:37:20 this as an isolated incident.

19:37:22 I think there is a pattern, and I -- I have to tell

19:37:26 you when I first moved in it was 2005, and I got a

19:37:29 call very quickly from my broke, who was my broker

19:37:32 for buying and a broker and someone I really trusted

19:37:35 and said you have to vote against this, you know,

19:37:37 variance that is being requested because it is going

19:37:40 to ruin your property value.

19:37:42 And not knowing the whole situation, I said I wanted

19:37:44 to look into it a little bit more.

19:37:47 But I did finally go with the broker, and I watched

19:37:49 the hearing on TV, and I really think I made a

19:37:50 mistake at that point.

19:37:54 But anyway, I kept that to myself.

19:37:58 Only to find out this past fall the Elias want to

19:38:01 just basically frame in their footprint.

19:38:03 And I went over and I said I can't believe you are

19:38:04 being hassled like this.

19:38:06 This is unbelievable to me.

19:38:08 And I shared what I had been through.

19:38:10 And I said, I will do anything that I can do to

19:38:11 prevent this.

19:38:15 And lo and behold, I get another call from the

19:38:15 broker.

19:38:19 And the broker says, Michael, this will really hurt

19:38:20 your property value.

19:38:23 And I said, you know what, do you know the facts of

19:38:23 this?

19:38:27 This is just enclosing a current footprint.

19:38:29 I can't believe we are going to take up everybody's

19:38:31 time to discuss this little issue.

19:38:34 And it just really gets me upset.

19:38:37 And, you know at the end, end, end, what I just want

19:38:38 to say to everybody is, I think there is something

19:38:41 about being -- living in a neighborhood and having

19:38:44 good neighbors and you don't have all be friends but

19:38:46 what you kind of do is just really look out for one

19:38:47 another.

19:38:48 And I love where I live.

19:38:51 But if I had to put one thing on the list of where I

19:38:53 live it is the problem that there is some harassment

19:38:56 going on in our -- in our neighborhood.

19:38:59 And I hope this incident can just bring it to a

19:39:01 halt, because it is just not a nice way to live.

19:39:04 Thank you.

19:39:06 >>THOMAS SCOTT: Next speaker.

19:39:07 >> I have not been sworn.

19:39:09 I was in --

19:39:11 >>THOMAS SCOTT: Anyone else who has not been sworn.

19:39:16 Anyone else please stand at this time to be sworn.

19:39:18 [oath administered by Clerk]

19:39:21 >> Yes, I do.

19:39:22 >>THOMAS SCOTT: Thank you.

19:39:24 >> Rebecca Johns.

19:39:29 McFarland -- I am here on behalf of the Gulfview

19:39:32 civic association.

19:39:36 I have with me a petition with 161 signatures

19:39:38 against the PD rezoning.

19:39:42 And I also have the authorization --

19:39:46 >>THOMAS SCOTT: What's that now?

19:39:47 You need to check that --

19:39:49 >> I have the authorization from the civic

19:39:51 association for the representation, and I have a

19:39:56 petition of 161 signatures against the rezoning.

19:40:04 >> You want to just put those in the record.

19:40:06 >> The neighborhood association is just concerned

19:40:08 about the PD designation.

19:40:12 I know you hear numerous times PD does not create

19:40:13 precedents.

19:40:17 PDs do not create precedents but every zoning

19:40:19 hearing starts with a map that shows you the

19:40:20 surrounding zonings.

19:40:23 So they are just very concerned about PD zonings

19:40:25 encroaching into their neighborhood.

19:40:28 That is the neighborhood's objection to this

19:40:30 rezoning.

19:40:33 I know you hear that PDs are commonplace in the

19:40:34 neighborhood.

19:40:39 Not in this neighborhood.

19:40:44 There are -- two -- the subject property, and there

19:40:49 are two PDs, three -- at the corner of Henderson and

19:40:53 Lykes used for medical office and condominums.

19:40:55 I understand that this property had problems.

19:40:58 The property owner was aware of these problems when

19:40:59 they purchased the property.

19:41:02 They had a survey that showed three feet -- three

19:41:04 feet from the property line.

19:41:07 They went to variance review board.

19:41:10 I don't know what happened, but the request for four

19:41:11 feet.

19:41:13 So this was kind of a self-created need.

19:41:17 And then they either enclosed or requested to

19:41:22 enclose, I don't know, whether the patio has been

19:41:25 enclosed, but they are requesting to enclose

19:41:28 something that was screened which creates living

19:41:28 space.

19:41:32 This is not just replacing what's already there.

19:41:36 This is a request that if there is another solution

19:41:38 besides a PD rezoning, that is what the neighborhood

19:41:39 will ask for.

19:41:45 They just ask to deny the PD rezoning.

19:41:54 And I think that's it.

19:42:00 >>THOMAS SCOTT: Next speaker.

19:42:03 >> Good evening, my name is Eric crawl.

19:42:09 My address 3425 jean circle, Tampa, Florida, 33629.

19:42:13 Our back yard is on Himes Avenue so we are nearly

19:42:16 directly across the street or maybe down a half a

19:42:18 block from the property in question.

19:42:20 And we get a lot of these notifications, people

19:42:22 making improvements to their property, and in

19:42:27 general, neither my wife nor myself -- it is nothing

19:42:29 major if they are putting a paper mill or prison

19:42:31 around the corner is one thing, but something like

19:42:35 this where you have an existing structure and are

19:42:38 merely making improvements to the footprint as it is

19:42:42 right now, that is completely compatible and

19:42:43 consistent with the neighborhood, especially when

19:42:46 those improvements are, you know, adding -- adding

19:42:48 to the aesthetics of the neighborhood, we

19:42:50 wholeheartedly support it.

19:42:51 I am not a land use lawyer.

19:42:54 Merely a neighbor who walks by the property on a

19:42:56 regular basis.

19:42:59 So Eric Carl, Jean circle.

19:43:02 My wife and I wholeheartedly support this

19:43:02 application.

19:43:04 >>THOMAS SCOTT: Thank you, sir.

19:43:10 Next speaker to my left.

19:43:13 >> Good evening, my name is Brian Gillette.

19:43:15 I have been sworn, Mr. Shelby.

19:43:17 Several people have assigned their minutes to me.

19:43:19 Would you like me to read off their names.

19:43:22 >> I do that for you.

19:43:27 >> Thank you.

19:43:29 >> Would you please acknowledge your presence by

19:43:30 raising your hand.

19:43:31 Charla Wash.

19:43:32 Thank you.

19:43:34 Bonnie Judy.

19:43:35 Thank you.

19:43:38 John tafley.

19:43:40 Charles Mullin.

19:43:45 Virginia Mullin.

19:43:46 Gay Jones.

19:43:51 Marjorie Bolling.

19:43:52 >> Wait a minute.

19:43:55 >> Actually you can have up to seven, eight names.

19:43:56 Davis Bolling.

19:43:57 Is it Davis Bolling.

19:43:58 You already spoke, sir.

19:44:02 Was there anybody here who raised their hand who has

19:44:03 already spoken?

19:44:06 So they -- she can't have an additional seven -- she

19:44:09 can have an additional seven minutes for a total of

19:44:11 ten per Council's rules.

19:44:11 >> Thank you.

19:44:14 As I mentioned before I have been sworn.

19:44:18 My name is Brian Gillette.

19:44:20 I am here tonight because I strongly oppose the

19:44:25 Elias request to rezone their property to PD planned

19:44:26 development.

19:44:28 I am not an attorney like the petitioner's

19:44:28 representative.

19:44:31 I am a concerned daughter who is here to protect her

19:44:34 mother, her home and her property rights.

19:44:40 When the Elias purchased 3602 west Jetton in 2004

19:44:41 they knew what they were buying.

19:44:45 Their property lot that has been zoned RS-60 since

19:44:46 1956.

19:44:49 I would like to draw Council's attention to a copy

19:44:51 of the Elias survey.

19:44:56 They had drawn before closing on 3602 Jetton.

19:44:59 This 2004 survey clearly shows all the setback

19:45:01 restrictions for their property.

19:45:05 There were no unknowns when the Elias purchased 3602

19:45:08 Jetton in 2004.

19:45:12 This situation today with the Elias patio is a

19:45:15 self-created problem.

19:45:18 Typically, a home buyer requests setback

19:45:22 restrictions to be added to their survey if planning

19:45:22 to build an addition.

19:45:26 Shortly after moving in Mrs. Elias stated to me she

19:45:28 wanted to enclose the patio with glass.

19:45:29 My heart sank.

19:45:32 Enclosing the patio has been their plan from the

19:45:34 beginning.

19:45:38 August 2009, construction began on their west side

19:45:39 yard patio.

19:45:41 This structure is visible from the street.

19:45:43 It is visible from Jetton.

19:45:45 Structured walls were added.

19:45:49 An aluminum roof was added.

19:45:55 Excuse me.

19:45:59 An aluminum roof was installed without a permit.

19:46:03 Extensive electrical wiring was added to this

19:46:06 addition without a permit.

19:46:09 And this prefab roof and structure are three feet

19:46:14 from our side yard property line.

19:46:19 With the roof overhang, the soffits and the

19:46:22 downspout even closer.

19:46:24 This is the South end of the structure that we are

19:46:26 talking about.

19:46:29 The downspout right here is just a few feet a way

19:46:32 from our air conditioning compressors.

19:46:34 The fence is on the property line.

19:46:36 You can see the downspout and the two air

19:46:38 conditioning compressors.

19:46:40 We are concerned about flooding.

19:46:41 Construction services stated there were numerous

19:46:45 complaints about this construction job.

19:46:47 The inspector came to the site several times but

19:46:49 found no work in progress.

19:46:53 Pictures taken from my mother's property were sent

19:46:56 to Land Development to help the inspector.

19:47:00 We were told September 2 the city cited the Elias

19:47:03 for work without permits and a setback violation and

19:47:05 shut the job down, and I have written confirmation

19:47:07 from the city to that effect.

19:47:10 They were cited for work without permits and a

19:47:11 setback violation.

19:47:14 Ironically, on the same day, numerous French doors

19:47:18 and windows were delivered to the patio construction

19:47:18 site.

19:47:22 The Elias need a variance.

19:47:26 October 2009, they asked for an administrative

19:47:27 ruling.

19:47:30 Cathy Coyle denied their request because of the

19:47:31 setback violation.

19:47:33 They are bringing it before Council requesting

19:47:36 rezoning to PD so their violations will be forgiven,

19:47:40 and the structure made conforming.

19:47:43 Don't let the PD zoning designation be manipulated

19:47:44 this way.

19:47:48 Zoning designations and setback restrictions were

19:47:51 put into place to protect the homeowners of Tampa.

19:47:54 The rules should be followed by everyone.

19:47:57 Please make the Elias dismantle this partially

19:48:01 constructed, prefab roof and structure and move it

19:48:05 to the east side of their house where they have 15.1

19:48:11 feet of land, the Elias will have the privacy they

19:48:14 desire and they won't be encroaching on us.

19:48:17 This seems like the best compromise for everyone.

19:48:21 If Council is inclined to leave patio on the west

19:48:24 side, then please stipulate that it always remains a

19:48:29 simple screened enclosed patio with no electrical

19:48:33 wiring and only an awning cover as it existed in

19:48:39 2004 when the Elias purchased 3602 Jetton.

19:48:42 I have read Miss Grimes letter of purpose for

19:48:45 rezoning submitted with the Elias revised site plan.

19:48:47 Quotes from 27.321.

19:48:51 She refers to the patio as existing building stock.

19:48:55 This 1988 built patio was designed by the architect

19:48:58 as being nothing more than a brick-floored open

19:49:00 patio, not building stock.

19:49:02 Miss Grimes also refers to the structures a

19:49:04 compatible with the built environment.

19:49:07 Nowhere on our street or in our neighborhood is

19:49:10 there a prefab structure of this nature, and

19:49:12 certainly nothing like it three feet from a

19:49:15 neighborhood's side yard in addition is not

19:49:19 compatible with Gulfview.

19:49:21 The comprehensive plan states a PD zoning will not

19:49:24 be allowed if it creates an adverse effect on a

19:49:25 neighbor or neighborhood.

19:49:30 Allowing 3602 Jetton to be rezoned to PD would do

19:49:31 just that.

19:49:38 Please deny the Elias' request to rezone 3602 west

19:49:42 Jetton to PD and deny the other changes noted on

19:49:42 their site plan.

19:49:44 I would like to show Council a picture of our

19:49:47 driveway.

19:49:50 Please note the cement triangle here.

19:49:53 Please stipulate that the cement triangle you see in

19:49:55 this picture always remains exposed.

19:49:58 If it is covered with fencing at the Elias are

19:50:01 proposing in their site plan, we will not be able to

19:50:03 enter or exit our garage.

19:50:06 We can not be denied ingress and egress to our

19:50:07 property.

19:50:11 The cement triangle has been in existence for just

19:50:15 this purpose for the owners of 3604 Jetton for 22

19:50:16 years.

19:50:19 A final note, I will also show Council another

19:50:21 picture of our driveway.

19:50:23 The cement triangle we are talking about, and this

19:50:26 is our two-car garage.

19:50:29 This cement triangle and the fence is positioned the

19:50:30 way it is.

19:50:32 It has been that way since 1988 so that the person

19:50:37 who owns 3604 Jetton can enter and exit the north

19:50:41 bay needs the cement triangle to enter or exit the

19:50:42 garage.

19:50:45 Again, one final note, the rear elevation photos

19:50:50 submitted by the Elias is inaccurate.

19:50:53 It looks like there is nothing in between this hedge

19:51:01 and the Elias garage, and the reality is what is in

19:51:04 between this hedge and the garage is my mother's

19:51:04 property.

19:51:07 She owns from this metal fence into approximately 6

19:51:11 or 7 inches into this flower bed, and this is all

19:51:12 deeded to her.

19:51:15 This is her driveway, her garage and you turn and go

19:51:16 into the back of her lot.

19:51:20 She is also will maintaining this entire flower bed

19:51:24 since 1992 when she purchased the property in is a

19:51:29 survey of my mother's property.

19:51:32 Each of these two lots, the Elias 3602 Jetton.

19:51:40 Are our lot 3604 Jetton are 50 feet wide so 7-yard

19:51:41 side setback.

19:51:42 It is already tight at 7 feet.

19:51:45 You can see my mom's lot goes from Jetton all the

19:51:50 way back and wraps around behind the Elias property

19:51:55 and this is her driveway out to Himes, the Elias lot

19:52:02 is 50 feet wide and 125-foot deep.

19:52:04 Approximately 2600 square feet of living area and

19:52:06 detached two-car garage.

19:52:11 That small lot is built out.

19:52:15 You would like to submit these materials for the

19:52:16 record.

19:52:18 I will be happy to answer any questions.

19:52:21 I would like to clear up one comment that Miss

19:52:24 Grimes made when the Elias went before the variance

19:52:28 review board in 2006, there was a great deal of

19:52:31 opposition to both of their variance request.

19:52:35 The side yard request and the rear yard.

19:52:37 We had a petition at the time, and we had three

19:52:41 legal pages of signatures that oppose both variance

19:52:46 requests in 2006.

19:52:49 And I also have in writing here that we were told by

19:52:53 staff that they were cited for not having permits

19:52:56 for the roof, not having a permit for the electrical

19:53:00 wiring, and a setback violation, and also have in

19:53:05 writing from Cathy Coyle she denied their request

19:53:08 due to the setback violation.

19:53:12 Reviewed the VRB tames from 2006 and made that

19:53:14 determine -- tapes from 2006 and made that

19:53:17 determination based on the VRB's stipulation.

19:53:20 I have that in writing also that she denied their

19:53:23 request based on the VRB, that it was granted 7 feet

19:53:28 to 4 feet and there was a setback violation.

19:53:33 Can I answer any questions?

19:53:34 >>LINDA SAUL-SENA: I have a question.

19:53:36 >> I will say a lot of people from the neighborhood

19:53:39 who are here tonight were also involved in the

19:53:44 variance review board in 2006.

19:53:47 They objected then and they oppose now.

19:53:51 Thank you very much for your time.

19:53:54 >> Ma'am, that cement -- that cement portion that

19:53:57 you were talking about --

19:53:58 >> Yes.

19:54:00 >>JOSEPH P. CAETANO: Do you own that?

19:54:00 >> No.

19:54:01 >>JOSEPH P. CAETANO: You don't even this.

19:54:03 The next-door neighbor's.

19:54:04 >> Correct.

19:54:05 It is grandfathered in.

19:54:09 It has been that way since 1988 when two properties

19:54:11 were own by the same western, built by the same

19:54:13 builder and designed by the same architect.

19:54:16 >>JOSEPH P. CAETANO: But your mother doesn't own

19:54:16 it.

19:54:17 >> Correct.

19:54:20 When my mother purchased it in 1992 she was told it

19:54:23 would always be exposed so she could enter and exit

19:54:25 her garage.

19:54:26 There is an implied easement.

19:54:28 >>JOSEPH P. CAETANO: You said there is an easement

19:54:29 for that.

19:54:31 >> Implied easement.

19:54:34 >>THOMAS SCOTT: Said implied.

19:54:37 >> That is what she was told when she purchased the

19:54:38 property.

19:54:41 >> Also, Council, just as a cautionary note, Mr.

19:54:43 Chairman, if I can just interrupt.

19:54:46 As we said in the past and as Council knows, the

19:54:51 very fact that there is code enforcement violations

19:54:54 that may or may not be what the status of that is

19:54:59 really irrelevant to your criteria under the PD

19:54:59 rezoning.

19:55:02 And I ask that you look to the competent substantial

19:55:04 evidence to support the decision under the PD

19:55:05 criteria.

19:55:06 >>THOMAS SCOTT: Okay.

19:55:13 Next speaker to my right.

19:55:14 >> Hi.

19:55:16 My name is Doug shields.

19:55:20 And I live at 3409 Almaria Avenue.

19:55:24 And I am -- I have been sworn in.

19:55:30 I -- you know, I sit on a licensing board, and if

19:55:33 you all leave this one out -- the thing is I really

19:55:39 believe the bottom line here is that they are --

19:55:41 trying to get to the truth of the matter is I think

19:55:43 the bottom line.

19:55:44 I do live in the neighborhood.

19:55:47 I think the Gulfview association is just a wonderful

19:55:48 thing for our community there.

19:55:52 And I think they do a lot of wonderful things.

19:55:57 With that being said, I do know that -- and in miss

19:56:01 Elias situation with all regard to my wife and me,

19:56:06 we strongly feel if this thing was in place and the

19:56:10 footprint is not getting changed whatsoever, and,

19:56:14 you know, I -- we are 100% in support of it.

19:56:17 I, too -- you know you -- at your level and with my

19:56:21 family situation, I know her privacy situation is,

19:56:24 you know -- you know, very important.

19:56:27 And obviously with these pictures, she has no

19:56:28 privacy at this point.

19:56:31 So, I mean, I wish would you consider that and

19:56:33 understand that -- where I stand and where my family

19:56:36 stands is we would be in complete support of it if

19:56:38 she is, you know, doing everything that they are

19:56:40 saying they are doing within their footprint and

19:56:42 staying in those lines.

19:56:46 Thank you for your time.

19:56:46 >>THOMAS SCOTT: Okay.

19:56:47 Thank you, sir.

19:56:49 To my left.

19:56:51 Next speaker.

19:56:52 >> Good evening.

19:56:55 My name is Frank reeve.

19:56:56 Jean circle.

19:57:01 I lived in that neighborhood now for 33 years.

19:57:05 I went out and walked the neighborhood to get

19:57:10 petitions signed to upzone from RS-75 to RS-100 to

19:57:12 prevent infill and other things.

19:57:15 I came down here and opposed the construction of

19:57:19 these three homes on what were two lots, because of

19:57:22 these problems, you know if you look at the way they

19:57:26 have to get into that garage behind the Elias home.

19:57:29 And it is ridiculous.

19:57:32 The structure that was there when the Elias

19:57:35 purchased the home had a canvas roof and screened

19:57:36 walls.

19:57:38 That is an open-air patio.

19:57:42 It is not an enclosed structure with a metal roof

19:57:45 and glass windows.

19:57:47 I can appreciate Mary Ellen's interest in her

19:57:52 privacy, but they knew what they were getting.

19:57:54 The only reason we are being asked -- or you are

19:57:57 being asked to consider a change in the zoning to PD

19:58:00 is to permit this structure that they have put on

19:58:04 there apparently without permits to go forward.

19:58:07 I would like to know if there were fans and

19:58:10 electrical work in that structure at the time that

19:58:14 they purchased the property, if there weren't, then

19:58:16 should be over with.

19:58:19 It is not a matter of, you know, having someone say,

19:58:21 well, there are is not a change at all from the

19:58:22 structure.

19:58:23 Yes, it is.

19:58:26 It is a substantially different structure when you

19:58:30 have windows, and you have a roof versus canvas and

19:58:31 screens.

19:58:34 This is the reason why I tried to preserve the

19:58:36 neighborhood, to keep this type of thing from

19:58:38 happening.

19:58:42 We don't need this in South Tampa, anyplace.

19:58:46 It is why you all did away with the 80% rule.

19:58:48 Because that's what was ruining the neighborhood.

19:58:54 So I urge you to deny this zoning request and make

19:58:57 them put the canvas roof back with the screen.

19:58:58 Thank you very much.

19:59:02 >>THOMAS SCOTT: Yes, Councilwoman Mulhern.

19:59:03 >>MARY MULHERN: I want to ask you.

19:59:04 So it was City Council's fault?

19:59:09 Is that what you are saying?

19:59:11 In what year was that?

19:59:15 >> Mary, I don't remember what year it was, but they

19:59:18 said they built the houses back in the '80s.

19:59:19 Two homes there --

19:59:20 >> One home.

19:59:21 >> Was there one home?

19:59:22 Okay.

19:59:25 >> I just thought it was funny.

19:59:28 >> What you are seeing is the problem it has

19:59:29 created.

19:59:31 You got three 50-foot lots.

19:59:34 That should not have been allowed to happen.

19:59:37 We shouldn't allow PD zoning to come now into a

19:59:42 neighborhood that is predominantly RS-75, RS-100,

19:59:44 and just this little island is RS-60.

19:59:45 >>THOMAS SCOTT: Okay.

19:59:46 Sir.

19:59:48 Your -- I think you answered that question.

19:59:49 So thank you very much.

19:59:49 >> Okay.

19:59:51 Thank you.

19:59:52 >>CHARLIE MIRANDA: Mr. Chairman for record I was in

19:59:55 Cincinnati, Ohio in the '80s.

19:59:58 [Laughter]

20:00:01 >>THOMAS SCOTT: Yeah, I -- I wasn't even on

20:00:04 Council.

20:00:06 To my left -- to my right.

20:00:07 Anyone else on the right?

20:00:08 Okay.

20:00:09 Back over to the left.

20:00:17 Yes.

20:00:24 >> Good evening.

20:00:24 >> And neither of you have spoken.

20:00:27 Is that correct?

20:00:28 Two additional minutes for a total of five.

20:00:30 >> You may proceed.

20:00:41 >>GWEN MILLER: Go ahead and speak.

20:00:43 >> I never thought I would be spending my retirement

20:00:45 years defending my home.

20:00:48 But here I am for the second time in three years trying

20:00:54 to stop the Elias from destroying the legal protection

20:00:59 that I am entitled to as a homeowner.

20:01:03 I bought in 1992, before the Elias, 3602 Jetton was

20:01:13 owned by three different families, two of whom had

20:01:15 small children.

20:01:16 We lived in harmony with everyone expecting the

20:01:22 limitation of our 50-foot block.

20:01:25 One family put a simple awning and screen over the

20:01:30 patio to make a protected play area for children.

20:01:38 Extension cords plugged into exterior wall outlets

20:01:45 provided electricity for the fan and the Christmas

20:01:48 lights, so the area was never used for living space.

20:01:54 You can see the awnings and the extension cords running

20:01:59 out to the fan and Christmas lights.

20:02:05 That's a far cry from permanent entertainment in

20:02:11 addition being proposed.

20:02:12 Most people do their -- view their home as a major

20:02:16 investment.

20:02:18 Perhaps more than most due to unusual circumstances.

20:02:21 I was the sole supporter of my daughter from when she

20:02:25 was three years old until she graduated from college.

20:02:31 After that I began to plan for self-supporting old aim,

20:02:34 which is here.

20:02:36 A nice home, and a stable neighborhood seemed a logical

20:02:44 choice.

20:02:45 I knew the homes in this area kept their value since my

20:02:48 parents owned a house on Oakland Avenue from 1937 until

20:02:55 the 1970s.

20:02:58 The Elias' request to for planned development is a way

20:03:05 to overcome the setback rules.

20:03:06 Otherwise, why would they want a new designation?

20:03:10 Surely not to tear down their house or to divide a 50

20:03:15 by 125-foot lot

20:03:22 It's a solution that would satisfy everyone.

20:03:25 Require the Elias divide to the east side where they

20:03:31 have 15 feet of land.

20:03:33 The existing tall fence and dense trees will give them

20:03:37 far more privacy than an entertainment already in a

20:03:41 room jammed next to my dining room window and directly

20:03:45 under my bedroom window.

20:03:50 The structure is aluminum and with be -- can be easily

20:03:55 bolted and reassembled.

20:03:57 Please consider the integrity of our neighborhood in

20:04:00 this issue.

20:04:01 Allowing such ablate ant disregard of rules will set a

20:04:05 dangerous precedent that will eventually destroy a

20:04:07 lovely historic neighborhood.

20:04:10 Thank you for listening.

20:04:11 >>

20:04:18 >>THOMAS SCOTT: Thank you.

20:04:19 Next speaker.

20:04:19 >> Good evening.

20:04:23 My name is Mitzi Steadman.

20:04:25 I live at 3401 west Mullen Avenue.

20:04:29 Tampa, Florida.

20:04:30 I have been sworn in.

20:04:31 Good evening to you all.

20:04:33 The purpose of this rezoning application is a planned

20:04:36 development, and it's to decrease the side yard setback

20:04:42 to three feet and enclose a side patio.

20:04:45 In June of 2006 the Variance Review Board vested this

20:04:50 property at the request of the Elias.

20:04:54 As we heard this vested -- the existing structure which

20:04:57 included a string awning patio reducing side yard

20:05:02 setbacks from seven to four feet.

20:05:06 No one has disputed the patio pad exists at three feet

20:05:10 from property line, and there has been no erroneous

20:05:14 information submitted by the civic association or by

20:05:16 me.

20:05:17 This is not the issue, nor is it a privacy issue.

20:05:21 The issue is we objected orb to a planned development

20:05:27 rezoning in our neighborhood.

20:05:29 Allowing a PD zoning is detrimental to our neighborhood

20:05:33 which we find hard to protect.

20:05:35 There is no legitimate basis for a PD zoning of this

20:05:39 property.

20:05:41 This PD zoning would enclose the patio and changing the

20:05:46 patio into a front porch.

20:05:48 A sun porch now considered living space three feet from

20:05:51 the neighbors side yard property line.

20:05:55 If approved this proposed structure and the replacement

20:05:59 of railroad tile to pavers two feet along the east and

20:06:04 south side of property will a sure the home next door

20:06:08 to be flooded when we have our torrential downpours.

20:06:13 If this PD is approved, the changes will encompass

20:06:17 violations of setbacks, which were established by the

20:06:20 VRB enabling the homeowner the privilege to make

20:06:24 improper changes to their existing footprint.

20:06:26 This will not only affect the immediate neighborhood

20:06:29 but allow planned development designation to slowly

20:06:34 creep into our historic traditional neighborhoods.

20:06:39 In actuality, who has less privacy, the Giletts, the

20:06:45 neighbors, Gulf view civic association?

20:06:47 The rules and regulations you have established to

20:06:50 protect our neighborhood should be upheld and the

20:06:53 petitioner's request should be denied.

20:06:55 Thank you very much for your time.

20:06:56 >> Patricia Torres, 942 south Sterling Avenue, and I

20:07:11 have been sworn in.

20:07:13 I have lived at this location for 61 years, so I was

20:07:17 there in the 80s, and in fact I remember before any

20:07:22 of those zoning issues that Ms. Hammer mentioned.

20:07:29 My parents built our house, and closed on it the day I

20:07:32 was born, and at that time it was not even in the city

20:07:35 limits.

20:07:37 There are still quite a few people who live in the

20:07:39 neighborhood who have been here as long or longer than

20:07:43 I have, and some of those including myself with others

20:07:45 have been friends for two to three generations.

20:07:48 The beauty of this neighborhood over the years has been

20:07:51 that we have always valued the relationship that we

20:07:54 have cultivated with our neighbors, and we have always

20:07:58 shown them respect, by informing one another of our

20:08:01 intentions of changes or alterations to our property.

20:08:05 And when there have been disagreements, we have reached

20:08:08 a mutual satisfactory compromise.

20:08:12 That's what made this neighborhood unique --

20:08:15 maintaining harmony.

20:08:17 The Elias from broken that by having variances

20:08:24 obtained. If the house didn't fit their needs they

20:08:26 should have bought somewhere else or should have bought

20:08:28 a house that didn't require a variance to make

20:08:30 improvements.

20:08:34 It's just absolutely appalling to me because, number

20:08:36 one, the PD zoning is just one more zoning issue in our

20:08:41 neighborhood.

20:08:42 In the mid 80s, this was two lots across the street

20:08:47 in the middle of the 900 block on Sterling which became

20:08:50 nine homes on 60-foot front lots.

20:08:54 The neighborhood went up in arms, came down here before

20:08:57 City Council, and they were voted against it.

20:09:00 The developer made all kinds of promises about

20:09:03 flooding, and they didn't come through with it.

20:09:07 So consequently Sterling now floods, not just at the

20:09:12 intersection but all the way down to my driveway which

20:09:15 is on the other corner, the south corner of that block.

20:09:17 So, you know, it's just one zoning thing after another.

20:09:22 Just little by little whittles away.

20:09:25 And my parents, when that neighborhood was created, we

20:09:30 were there before it was created.

20:09:32 There were no houses on our block when my parents built

20:09:35 our house.

20:09:36 So we were there prior to it even being called.

20:09:42 So I'm here to ask you to please deny this zoning

20:09:45 change and protect our neighborhood, because people

20:09:50 like my parents created and worked very hard to

20:09:52 establish and to protect over these many years.

20:09:56 And from what I understand, there have been PD requests

20:09:59 that have been denied by this council and the -- in the

20:10:03 general area and I'm asking you that based on that

20:10:05 precedent being set that you deny this request as well.

20:10:08 Thank you.

20:10:09 >> My name is Carol Garner.

20:10:17 I live at 3301 Lykes Avenue.

20:10:20 I was here last month for this very same reason, with

20:10:24 the PD designation.

20:10:27 And I think last month when we were here, someone in

20:10:33 council asked how many people were here opposing this

20:10:37 proposed designation change.

20:10:39 May I ask members how many oppose the designation?

20:10:45 We have a big contingent in Gulf view civic

20:10:49 association, and we hope stays up on all the changes

20:10:55 that are proposed.

20:10:56 My whole point of being here tonight is that I am very

20:11:02 opposed to the changes made.

20:11:03 I've lived at my house for 23 years, and I'm a South

20:11:08 Tampa native.

20:11:09 I lived in New Suburb Beautiful my whole life and I'm

20:11:16 well aware of the limitations of those lots.

20:11:18 They are very small 50-foot lots in, some cases.

20:11:21 Ours is a nonconforming size lot which we were all

20:11:25 given the designation of RS-100.

20:11:29 So I am opposed -- excuse me, I'm nervous.

20:11:33 I hope the council will consider our opposing the

20:11:37 designation for PD in our Gulf view neighborhood.

20:11:42 Thank you.

20:11:42 >>THOMAS SCOTT: Okay.

20:11:47 Anyone else?

20:11:49 Okay.

20:11:50 Let me have the attorney come back so we can establish

20:11:54 you have five minutes for rebuttal.

20:11:56 >>GINA GRIMES: Yes.

20:12:00 We appreciate it, although at some point, Mr. Shelby, I

20:12:03 think the issues when the opposition of more time than

20:12:06 the applicant under the council rules if something is

20:12:09 fundamentally unfair about that.

20:12:10 >>MARTIN SHELBY: Well, since you raise the issue let

20:12:13 me bring to council's attention, if this is a request

20:12:16 for additional time, council rule 6-B states that

20:12:21 requests for additional time may only be granted if the

20:12:23 party making the request establishes to the

20:12:25 satisfaction of council that additional time is

20:12:28 necessary to afford procedural due process.

20:12:32 Council members shall by majority vote grant or deny

20:12:35 the request and determine the additional time necessary

20:12:38 if any.

20:12:39 So Ms. Grimes, is this your request to City Council?

20:12:42 >>GINA GRIMES: Mr. Shelby, all we would like to do is

20:12:46 have Ms. Elias finish her proposal.

20:12:51 Ms. Hammer has one small point on rebuttal and we want

20:12:54 sufficient time -- we don't want to get into a specific

20:12:56 request for a time certain, if we can just allow us to

20:12:59 quickly go through and adequately rebut, we'll be

20:13:02 satisfied with that.

20:13:03 >>GWEN MILLER: How much time do you think you need,

20:13:05 Ms. Grimes?

20:13:06 >>GINA GRIMES: Probably somewhere approximately eight

20:13:09 minutes.

20:13:09 >>GWEN MILLER: I move we grant the eight minutes.

20:13:12 >> Second.

20:13:13 >>THOMAS SCOTT: All in favor signify by saying Aye.

20:13:15 Opposed?

20:13:16 Thank you.

20:13:19 Did someone have a question on council?

20:13:22 >> (off microphone).

20:13:27 >>THOMAS SCOTT: Okay.

20:13:27 >>> Council members, you have heard our neighbor.

20:13:32 You have heard and had her refer to the pictures that

20:13:35 she takes.

20:13:38 The photographs that have been taken of our home have

20:13:40 been circulated through developments, wherever.

20:13:44 They have been e-mailed to city officials, only to be

20:13:49 disseminated over the Internet.

20:13:51 I'm gravely concerned where they are.

20:13:53 And this is a concept that is certainly part of exactly

20:13:57 what our neighbor does.

20:13:58 In an e-mail to the city, there was a reference to,

20:14:02 quote, how great cameras are.

20:14:05 It's e-mail D-14 in your packet.

20:14:08 Other e-mails have been sent to the city offices

20:14:11 reference additional photos that they have not yet

20:14:14 seen.

20:14:15 I wonder where they are going to show up and I wonder

20:14:18 how they will be used and where they can possibly

20:14:21 appear.

20:14:22 We feel like we are being stalked.

20:14:25 I don't know if anyone who isn't going through this can

20:14:29 relate but having someone taking pictures from

20:14:32 different angles into their home is disconcerting.

20:14:34 And it has gone on for a period of time.

20:14:39 There are e-mails questioning our integrity and

20:14:42 inferring that we are intentionally breaking laws.

20:14:46 That's in e-mail D-9.

20:14:50 Being public officials, you can certainly understand

20:14:52 how serious that is.

20:14:55 I'm sure you are asking yourself why is this happening?

20:14:59 I would if I were you.

20:15:01 I really don't know.

20:15:04 I have never had angry words with our neighbor.

20:15:08 We have disagreed.

20:15:11 And when the request to be Variance Review Board went

20:15:16 through, we did not get that, we didn't do anything.

20:15:22 We didn't go back.

20:15:23 We didn't try to do anything was agreed we didn't

20:15:26 do it.

20:15:26 In fact, we have interacted only a hand full of times

20:15:30 since we purchased our house six years ago.

20:15:35 We really need your help.

20:15:39 This is an invasion of privacy.

20:15:42 And more than that, there is very little -- throws very

20:15:48 little real need to tell the truth.

20:15:52 I am telling you, our process, our structure had

20:16:00 screen.

20:16:00 It is in the exact same footprint.

20:16:03 There was electrical fanfare with lights.

20:16:08 There were lights on the walls and there was a plug on

20:16:10 the one wall.

20:16:11 It was there.

20:16:14 It actually is in the pictures from 2006 that were

20:16:20 taken by this same neighbor.

20:16:24 All we want is privacy.

20:16:28 And I'm asking you today to please rezone -- accept

20:16:33 this rezoning, allow us to have our patio, and support

20:16:36 our privacy.

20:16:39 Thank you.

20:16:39 >>> Ethel Hammer again for the record.

20:16:50 I wanted to make one point, and that was regarding the

20:16:53 precedent issue that has been brought up regarding the

20:16:56 PD.

20:16:57 And I want to stress that every planned development

20:17:00 application that comes before you is a unique

20:17:02 application that is the absolute purpose of that, to

20:17:10 enable a property owner look at unique circumstances,

20:17:13 and I believe that there are unique circumstances on

20:17:15 this property.

20:17:16 I think that the histories of the lot, the width of the

20:17:20 lot, the overall size of the lot, the fact that there's

20:17:23 actually been testimony, talking about the access that

20:17:26 comes across a corner of the lot, the fact that it is a

20:17:31 corner lot.

20:17:33 There are so many things that constrain the development

20:17:35 on this site that I believe that council can look at

20:17:40 this application as a recognition of a nonconforming

20:17:44 setback like you have done so many times before and not

20:17:48 set a precedent.

20:17:48 Thank you.

20:17:52 >>THOMAS SCOTT: Thank you, Ms. Hammer.

20:17:53 >> Councilman Dingfelder had a question.

20:18:01 Also Councilwoman Saul-Sena.

20:18:02 >>JOHN DINGFELDER: Thank you.

20:18:03 >>THOMAS SCOTT: Hold the clock.

20:18:07 >> Actually, my first question is for Ms. Cole.

20:18:13 And then Gina, I have two or three real quick for you.

20:18:19 Ms. Cole, Ms. Grimes started off the presentation, and

20:18:23 I just want to clarify all of this if it's important.

20:18:26 She said in her opinion it did not appear that this

20:18:29 would have been a candidate for the VRB, for a variance

20:18:33 to the VRB.

20:18:35 That didn't sit real well with me.

20:18:38 It appeared to me that perhaps there was a choice made

20:18:42 from this property owner as to which way to go, a fork

20:18:46 in the road, Charlie, perhaps.

20:18:53 But I need your opinion on that from what you know of

20:18:56 this case.

20:18:57 Could this have been a candidate for the VRB?

20:19:02 >>JULIA COLE: Would you allow me to speak with zoning

20:19:05 to make sure that the code -- just to tell you that

20:19:07 there are certain things you can apply for a variance

20:19:11 and some things you can't.

20:19:12 Not every code provision is allowed to be varied as it

20:19:15 were.

20:19:16 But let me make sure with our zoning, this particular

20:19:20 provision which is at issue here is something under our

20:19:23 code which can be varied.

20:19:24 >> While you are conferring, Gina, Ms. Grimes, if I can

20:19:28 ask you one or two things.

20:19:29 Just so we are all on the same page, it appeared from

20:19:35 some of these pictures and from what we have seen and

20:19:38 heard that this was -- when the Erias bought this it

20:19:45 was a canvas roof there, was an aluminum frame holding

20:19:47 the roof up, and then a full screen, like probably a

20:19:51 floor-to-ceiling screen on the side yard.

20:19:55 >>GINA GRIMES: That's correct.

20:19:58 It's the survey.

20:19:59 The survey doesn't lie.

20:20:01 That's whatever the survey said.

20:20:02 Covered in screen porch.

20:20:04 >>JOHN DINGFELDER: Thank you.

20:20:07 And now after the construction, there's now one of

20:20:09 those sort of canvas -- not canvas but vinyl kind of --

20:20:15 is it a vinyl wall that was built with windows?

20:20:18 Or is it a metal wall?

20:20:20 >>> There's no wall.

20:20:22 That is there today.

20:20:23 There's no wall.

20:20:23 >> What is it now?

20:20:25 >>> It's screen.

20:20:26 >> It's 100 percent screen from floor to ceiling?

20:20:29 >>> There's about a three-inch aluminum roof.

20:20:34 And the rest of it is screened.

20:20:36 >> So it's screened top to bottom.

20:20:40 And what about somebody mentioned windows now.

20:20:43 >>GINA GRIMES: We are asking for permission to install

20:20:46 sun porch windows where currently screen exists.

20:20:50 That's part of our request.

20:20:52 >> What is sun porch window?

20:20:53 >> You know, like when you see the ads on TV, they are

20:20:57 like floor to ceiling.

20:20:58 >> So it would be full-length windows?

20:21:02 >> Yes.

20:21:03 The idea is to make as few changes to the screen porch

20:21:09 as possible, and the sun porch windows would be the

20:21:12 easiest fix to do that, and the purpose again was to

20:21:15 retain the privacy, to be able to put blinds up and to

20:21:18 be able to sit out there and talk without anybody

20:21:20 hearing you or watching or taking photographs of you.

20:21:23 >> Thanks for the clarification.

20:21:25 I was very confused.

20:21:26 You can understand.

20:21:27 >>JULIA COLE: Legal department.

20:21:31 I just did want to confer with staff.

20:21:33 As I said, there are some issues that you can't vary,

20:21:36 and some that you can vary.

20:21:39 This petition would be seeking to set a side-yard

20:21:41 setback, and side yard setbacks are something the

20:21:46 variance review board can consider as a part as a

20:21:48 variance.

20:21:49 So if that's the only issue coming forward, yes, this

20:21:51 applicant, under your code, you get to make the

20:21:55 decision as to what you want to apply for.

20:21:57 It's not for city staff to say, no, we want --

20:22:01 >> The last question I have, and maybe Julia, I don't

20:22:04 know which one of you it's for.

20:22:06 But this fence I have been you came up with that little

20:22:09 triangle cut thing.

20:22:11 And to me, it's kind of like why are we even talking

20:22:14 about that?

20:22:15 You can put up a six-fought fence on -- I can put up a

20:22:18 six-foot fence on my property line.

20:22:20 I have to get a minor permit, you know, a $10 permit or

20:22:24 something, but other than that, I don't need anything.

20:22:28 >>> there is nothing in city code that would prohibit

20:22:30 them from place ago fence on their property line, if

20:22:33 there's some kind of private property right entrance.

20:22:36 That's not an issue for City Council.

20:22:38 That's simply a private property issue.

20:22:41 You own property and you want to fence it in, the City

20:22:43 of Tampa as long as it's in our code is going to grant

20:22:46 you the right to do that and the other issues would be

20:22:48 private issues.

20:22:49 >> I appreciate you saying that because I don't want to

20:22:51 us get sidetracked on that issue at all because that

20:22:55 didn't sound material.

20:22:56 But somebody brought it up.

20:22:58 So I just wanted to clarify.

20:23:01 That's all my questions right now.

20:23:02 >>THOMAS SCOTT: Ms. Grimes, Ms. Cole, would you come

20:23:08 back once again?

20:23:10 Could you clarify again what are the options the

20:23:14 petitioner has?

20:23:14 >>JULIA COLE: Well, the only reason I'm hesitating is

20:23:21 it's a legal nonconform lot, so there could be other

20:23:24 reasons the petitioner wants to be here because you do

20:23:26 have a legal nonconforming lot.

20:23:29 However, part of this application seems to be seeking a

20:23:33 side yard setback.

20:23:34 Aside yard setback can be varied by the VRB.

20:23:38 There are code provisions that cannot.

20:23:40 That is a particular code provision that can be varied,

20:23:45 and not withstanding it being a legal nonconform lot,

20:23:49 if it is a legal nonconform lot.

20:23:51 So.

20:23:59 >> A little further on that point, and that is -- two

20:24:03 points that were made.

20:24:04 And one is that we tried to go to the Variance Review

20:24:07 Board and, look, we are back here again.

20:24:11 I know the elder Gillette Simpson, this is the second

20:24:15 time in a few years.

20:24:16 That's because it didn't work the first time we trade

20:24:18 to go to the Variance Review Board.

20:24:20 The intent was the existing structures it didn't

20:24:22 happen, and Ms. Cole is right.

20:24:24 This is a nonconforming lot.

20:24:27 It has -- the Variance Review Board cannot vary that.

20:24:30 >> That's correct.

20:24:32 >>> This is the one way to fix it all at one time.

20:24:34 And the other thing that I said that's really

20:24:36 important, John -- and I would like for Julia to hear

20:24:39 this as well -- is that what I was concerned about is

20:24:42 that the VRB, who is limited, their review, to the

20:24:45 hardship criteria, can't consider the totality of all

20:24:49 these circumstances.

20:24:50 For me to go in front of the VRB and argue privacy

20:24:53 concerns, et cetera, why we need to install the

20:24:55 windows, in place of the screen, isn't something that

20:24:58 they ordinarily could address.

20:25:00 They are not able to consider a lot of the issues that

20:25:02 we presented in front of you.

20:25:03 And you and this PD is the precise process to be do

20:25:09 just that.

20:25:09 And that's why this route was chosen.

20:25:11 It was given a lot of thought.

20:25:12 It really was.

20:25:13 >>THOMAS SCOTT: Thank you for that clarification.

20:25:16 Councilwoman Mulhern.

20:25:18 >>MARY MULHERN: I just wanted to clarify what you were

20:25:20 just saying about the variance, the original variance,

20:25:24 though, was to put a second story on the garage.

20:25:28 So this would have been a different -- and I need

20:25:33 Julia, maybe you can explain this to me.

20:25:36 This is a -- right now legal nonconforming structure.

20:25:43 >> No, it's a legal nonconforming lot.

20:25:46 This lot is legal nonconforming lot.

20:25:48 >>MARY MULHERN: I just need an explanation of this.

20:25:53 When you say vesting it, what does that mean?

20:25:55 Doesn't that mean it's already vested?

20:25:58 >>> The legal nonconforming lot means that you actually

20:26:01 have the right to con astronaut on your lot, even

20:26:04 though your lot doesn't meet lot width.

20:26:08 This is an -- I understand an RS-60 zoning district.

20:26:13 So in order to have a buildable lot under an RS-60

20:26:16 zoning district, would you need 60 feet away.

20:26:21 6,000 feet of area.

20:26:23 So because this is considered a legal nonconform lot,

20:26:27 it is a buildable lot of record.

20:26:30 However, you have to comply with, in order to construct

20:26:33 in that manner, you have to comply with the RS-60

20:26:36 setback, front, side and height and those other types

20:26:40 of regulations.

20:26:41 >> The changes.

20:26:43 So what are the changes, the setbacks that you are

20:26:46 asking for, other than -- Jo the setback question, to

20:26:52 take it a step further, when you zone the PD, when you

20:26:55 rerun your property to PD, you are listing that

20:26:58 Euclidean zoning, and you are listing that

20:27:00 nonconforming, listing the classification, and you are

20:27:05 creating the zoning classification via your site plan

20:27:10 for setback, for height, for width, an area.

20:27:17 >> In this case you are saying that your PD is going to

20:27:19 be the exact same existing legal nonconforming

20:27:23 footprint, right?

20:27:25 >> Yes.

20:27:25 >> But it's no longer going to be considered

20:27:30 nonconforming, and that's important.

20:27:31 >>THOMAS SCOTT: Right.

20:27:33 >>MARY MULHERN: But as a PD it's site planned

20:27:38 controlled so can't do anything else.

20:27:40 >>> No changes can be made to it unless of course they

20:27:42 come back to you and ask for permission to change those

20:27:45 things.

20:27:45 I am going to go very quickly --

20:27:48 >> I just want to respond.

20:27:49 This gentleman has spoken.

20:27:50 So we can't allow you to speak again according to our

20:27:54 rules as I understand.

20:27:56 Mr. Shelby?

20:27:58 >>MARTIN SHELBY: I'm sorry, I was conferring.

20:28:00 >>THOMAS SCOTT: I was responding to the gentleman who

20:28:02 had his hand raised.

20:28:04 I was saying that he's spoken at the public hearing,

20:28:06 and that was sufficient.

20:28:07 >>MARTIN SHELBY: If you have already spoken, you don't

20:28:09 have an opportunity to speak again.

20:28:10 >>THOMAS SCOTT: I just wanted to clarify that.

20:28:12 >>MARTIN SHELBY: Except for a clarification.

20:28:16 This is first reading.

20:28:17 If it does go to second reading, by council motion,

20:28:20 there will be an opportunity for a second public

20:28:22 hearing.

20:28:22 >>THOMAS SCOTT: Okay.

20:28:24 Thank you.

20:28:24 So I'm clarified so he understood.

20:28:26 Okay.

20:28:27 Ms. Grimes, the clock is now running.

20:28:29 >>GINA GRIMES: I would like to first address what Ms.

20:28:33 John stated.

20:28:33 She said they had 161 signatures on a petition.

20:28:37 But what we have been told by the neighbors is several

20:28:39 that signed that petition, and were given false

20:28:41 information, and it was signed under false pretenses.

20:28:45 So the credibility of the signatures on those are

20:28:47 not -- on that petition we believe are in question.

20:28:49 She also made -- and I believe Ms. Brangela made a

20:28:58 false statement, that when they purchased the property

20:29:00 in 2004 there was a covered roof, there was a

20:29:03 structural membrane, and underneath that roof, and

20:29:06 there were screens.

20:29:07 Both of them said that the screen and the structure did

20:29:11 not exist in 2004.

20:29:13 That's completely untrue.

20:29:14 You have a signed, sealed, certified survey in a

20:29:18 document dated 2004 when the Elias purchased it that

20:29:24 contradicts their statement.

20:29:27 Ms. Gillette also said that there were no unknowns in

20:29:32 2004.

20:29:33 That's also a false statement.

20:29:34 If the Elias had known there was a setback, a violation

20:29:39 at that time, three feet from the side property line

20:29:41 for this covered porch, I am sure they would have

20:29:43 raised it with the buyer.

20:29:46 Most people who buy single-family homes don't contract

20:29:49 with an attorney to advise them on the purchase of

20:29:52 their single-family home.

20:29:54 A lot of times they rely on what the realtor told them

20:29:57 and when something exists, you just assume that it's

20:30:00 legal and it's valid, and that's exactly what happened

20:30:02 to the Elias.

20:30:04 They did not November there was a problem with the

20:30:06 setback issue when they purchased it.

20:30:09 Mr. Reece stated if there were screens, roof, fans,

20:30:13 light and electrical that were there, then this should

20:30:15 be over.

20:30:16 That's exactly what we are saying.

20:30:18 It should be over because all of that weighs in fact

20:30:19 there at this time in 2004 when they purchased it.

20:30:24 Ms. Susan Gillette testified they bought their home

20:30:27 next door in 1992.

20:30:29 If that's the case then either the covered porch was

20:30:31 there in 1992 when they already bought the home it was

20:30:35 already there on the Elias property or was built after

20:30:38 they lived there.

20:30:39 And I think it's very unusual that they would wait till

20:30:42 now some almost 20 years later, or ten years later, I'm

20:30:47 sorry, to raise the issue about this being a setback

20:30:50 violation.

20:30:53 Ms. Steadman testified that this structure was vested

20:30:55 by the VRB in 1996.

20:31:01 We thought that was everybody's understanding, but

20:31:04 unfortunately it wasn't accurate because the four-feet

20:31:06 reference versus the three feet.

20:31:13 I think that Ms. Brian Gillette's request that we

20:31:17 should vest this cement triangle that's existed on the

20:31:21 property since 1988 is the epitome of hypocrisy.

20:31:27 She sat before you today and said that she should be

20:31:30 entitled to the exact same things that she thinks we

20:31:33 should be denied.

20:31:34 That's hypocrisy.

20:31:40 Mrs. Steadman also said that there is no legitimate

20:31:42 basis for approval of this PD.

20:31:44 And Ms. Johns said we don't have a problem with vesting

20:31:48 the structure, we just don't like the PD, we just want

20:31:51 the PD denied because he would don't like PDs.

20:31:54 Well, we would submit to you that there is no

20:31:57 legitimate basis, no competent evidence on this record

20:32:00 to deny the PD.

20:32:04 What has happened is and what happens repeatedly is

20:32:07 that these quasi-judicial hearings get turned into

20:32:10 popularity contests, and it's not right and it's not

20:32:13 appropriate and it's not legal.

20:32:16 And that's exactly what's happening here.

20:32:17 When you ask people in the audience to stand up, if

20:32:20 they are opposed to it, well, they have the right to do

20:32:23 that.

20:32:23 But it's not competent evidence and it's not legal.

20:32:29 Again, in closing, we would request that you approve

20:32:32 this PD for two purposes, to vest the existing

20:32:36 structure that existed since 2004 when the Elias

20:32:40 purchased it and then allow them to install the windows

20:32:42 in order to maintain their privacy.

20:32:44 Thank you very much for all the additional time.

20:32:46 I know it's a long night and we do appreciate

20:32:48 everything that you allowed us to do.

20:32:50 >>THOMAS SCOTT: Council, any questions from council?

20:32:56 Move to close.

20:32:57 >>CHARLIE MIRANDA: Let me say this.

20:33:03 I know this is all well intended whoever did it back in

20:33:06 the 80s.

20:33:07 But in all my years of public service, I've never seen

20:33:09 a lot that goes from one side that you have got to make

20:33:12 a left behind the other lot, because somebody did

20:33:16 whatever they did then.

20:33:18 I've never seen a piece where it says this one is April

20:33:21 the 19th, 04, this one is January the 8th of

20:33:26 the year 2010, if I can read the writing by the same

20:33:30 firm.

20:33:31 The footprint on the one of April the 19th, 04, is

20:33:37 26 feet 2 inches by 10 feet wide and it says three feet

20:33:41 setback.

20:33:43 The one dated, I believe it's dated January the 8th

20:33:49 of the year 2010 states 26 feet 2 inches, ten foot

20:33:56 wide, 3-foot setback.

20:33:57 So the footprint in my opinion has not changed.

20:34:01 Then there was testimony, I guess somebody enters their

20:34:08 home through the garage if they want to come in through

20:34:10 Himes.

20:34:11 Then I'm looking at -- although it's not part of the

20:34:13 actual hearing today, you see triangle.

20:34:20 Way want to see is the neighborhood get along.

20:34:22 I see divisiveness.

20:34:25 They should all be on the same side somewhere along the

20:34:28 line.

20:34:28 I don't care who made the mistake.

20:34:30 I'm not saying that.

20:34:32 So then that triangle in my mind becomes part of this

20:34:35 puzzling case, I guess, if this petitioner loses, they

20:34:41 are entitled to move the fence.

20:34:43 I don't know.

20:34:44 I don't know if they'll do that.

20:34:46 But it's their right.

20:34:48 Then the other neighbor can't get to the garage.

20:34:51 Well, those ridiculous.

20:34:52 It really is.

20:34:54 I don't think they'll do that, but that's ridiculous.

20:34:57 But that's what this plan C, because I see in the

20:35:01 middle of the corner, X, no ID.

20:35:04 I don't know what that means.

20:35:06 It's in the surveyor's plan on both the year 2004, and

20:35:10 the year 2010.

20:35:11 So then I'm looking at it with apprehension that it's

20:35:15 125.6 feet long and 17.4 feet wide, the drive.

20:35:26 That's not the end of the property.

20:35:27 That's the end of that lot's property but then there's

20:35:29 a property in the back, I guess it turns east for

20:35:33 somebody else's garage.

20:35:36 This case belongs on television.

20:35:40 [ Laughter ]

20:35:42 I'm not trying to be funny or anything else.

20:35:45 But like I said, I don't know of any other council

20:35:47 members ever heard something like this at all.

20:35:50 And there's got to be 40 years of experience up here at

20:35:54 least.

20:35:55 Well, some aren't 40 years old yet.

20:35:58 But it's very perplexed.

20:36:03 And that's all I am going to say now.

20:36:05 My main concern is that we have good people, and a

20:36:09 good, great neighborhood, disputing over something that

20:36:16 if you had an awning before, a rag or vinyl or

20:36:21 whatever, you are going to have another awning, and

20:36:25 this time it's aluminum.

20:36:26 So does the awning change?

20:36:29 The color changed.

20:36:31 The texture changed.

20:36:32 But that's still something there.

20:36:36 I'm not trying to lecture anyone.

20:36:38 I would never do that.

20:36:40 But it's very, very confusing.

20:36:44 In this case here of no missing identity, no change,

20:36:47 and fingerprint, know change in direction, and a

20:36:51 missing triangle.

20:36:56 I feel like I'm somewhere in the Bermuda triangle right

20:36:59 now.

20:36:59 Thank you, Mr. Chairman.

20:37:00 >>THOMAS SCOTT: Councilwoman Mulhern.

20:37:02 >>MARY MULHERN: I have just one thing I'm confused

20:37:05 about, that is the fence issue.

20:37:08 Because I'm hearing that where does the fence fit into

20:37:16 this PD request?

20:37:17 >>MARTIN SHELBY: The answer is the is the only

20:37:24 relationship to the fence as to anything is however the

20:37:29 fence would relate to what is in the site plan.

20:37:32 This is a site plan-controlled rezoning.

20:37:35 Ultimately --

20:37:36 >>MARY MULHERN: So a question for Mr -- we just got --

20:37:45 >>> I try to do this to give you all the information

20:37:48 and sometimes I know it is overwhelming.

20:37:50 But if you look on tab A, there's the survey from 2004,

20:37:55 and there is a wood fence that exists in the rear of

20:37:58 the Elias property.

20:38:00 It's approximately 3.8 feet from their property line,

20:38:06 inside their property line.

20:38:09 But Ms. Mulhern, and what we have asked for is

20:38:12 permission to move the fence in a PD.

20:38:16 A PD in tab B.

20:38:18 And it may be that we will relocate that fence to the

20:38:21 property line, and we have to ask permission for

20:38:25 everything in the PD up front.

20:38:26 Otherwise you can't ever change it.

20:38:28 So I have learned that from Ms. Feeley.

20:38:33 So that's the only issue with the fence.

20:38:35 But I wanted to show you something important that the

20:38:37 transportation division asked us to prove when we filed

20:38:39 this PD.

20:38:40 And that's that the PD site plan tab B, and they said

20:38:44 you need to draw on this site plan, this PD site plan,

20:38:48 the site visibility triangle to make sure that the

20:38:51 neighbor to the west can get out of their driveway

20:38:53 without there being any kind of issue whatsoever

20:38:56 regarding their visibility up and down Himes Avenue.

20:39:00 So if you look at the site plan, PD site plan, you will

20:39:06 see that we have an engineer, we had a civil engineer

20:39:11 draw the site visibility triangle on this site plan,

20:39:15 and there's a condition that no shrub, no fence,

20:39:18 nothing, can be placed any further to the east than

20:39:21 that site visibility triangle line.

20:39:24 And --

20:39:25 >> Can you tell me where that is?

20:39:27 >> Yes.

20:39:27 You can look at your tab B.

20:39:30 And I can show it on the overhead.

20:39:31 You can see the word site visibility line.

20:39:42 So the Elias have to remove whatever shrubbery, and

20:39:47 they can't put a fence -- and look where their property

20:39:50 line is.

20:39:51 Their property line is inside that site visibility

20:39:54 triangle.

20:39:55 But any shrubbery within the site visibility triangle

20:39:59 would have to be removed.

20:40:02 So the visibility in the and the safety of anyone

20:40:05 pulling in and out of that driveway is protected and

20:40:07 the transportation division requested that we include

20:40:10 that in the site plan.

20:40:12 And we did.

20:40:12 >>LINDA SAUL-SENA: Thank you.

20:40:17 I have a question, Ms. Grimes, about the original

20:40:19 request before the variance board.

20:40:23 It was for a two-story garage, wasn't it?

20:40:26 >>GINA GRIMES: Yes.

20:40:30 Tab C-1, this is what the exact wording said.

20:40:33 Describe work proposed.

20:40:35 Existing conditions and add second level over existing

20:40:38 garage.

20:40:40 The first part of that request was granted.

20:40:43 Not accurately but it was granted.

20:40:46 The second part adds second level of existing garage

20:40:48 was denied.

20:40:48 >>LINDA SAUL-SENA: So by vesting existing conditions,

20:40:53 wouldn't you assume that that means the porch --

20:40:57 >>> We thought.

20:40:58 That's what -- have been operated under that

20:41:01 assumption.

20:41:01 >>LINDA SAUL-SENA: So I understand it, the question

20:41:05 is, putting on the aluminum roof rather than the canvas

20:41:11 roof.

20:41:11 >> And glass.

20:41:15 >> And glass.

20:41:15 >>LINDA SAUL-SENA: I think all of us want to get to a

20:41:25 place of good will of in this neighborhood.

20:41:27 I mean, some move toward that.

20:41:31 It seems like it would be -- and it seems to me that

20:41:33 what I am hearing from the neighborhood that they are

20:41:35 concerned about more than anything is the precedent of

20:41:38 a PD zoning which -- and I know that every PD is very

20:41:45 specific, but that's one of the concerns I have heard.

20:41:49 So my question is, when you were discussing this with

20:41:52 your client, did you consider -- you went ahead and did

20:42:01 this without a permit because you thought it was

20:42:03 vested?

20:42:05 >>GINA GRIMES: Well, this is what was vested.

20:42:08 And I wish Cathy was here to testify to this.

20:42:10 But the survey and what was vested at the VRB in 2006

20:42:15 that they covered and screened patio.

20:42:17 These what was shown on the site plan that was

20:42:18 submitted to the VRB.

20:42:20 It didn't say canvas covered porch and screen patio.

20:42:24 It said covered.

20:42:25 So the fact that we changed the roof from canvas to

20:42:28 aluminum was irrelevant, in her judgment.

20:42:32 In her judgment.

20:42:33 We all thought that it was permitted to be at the same

20:42:37 building footprint location, which is three feet from

20:42:39 the side property line.

20:42:40 We haven't changed that.

20:42:41 That hasn't changed one bit.

20:42:44 And the fact that the roof went from one type of

20:42:45 material to another also was not relevant.

20:42:49 What became the problem is if you look at the VRB's

20:42:52 actual decision, they said that's the existing

20:42:54 structure to four feet from the side property line and

20:42:57 it should have said three, and it didn't.

20:42:59 And that's why are we are all here because the zoning

20:43:01 couldn't sign off on the roof permit because the

20:43:04 structure was three feet from the side property line,

20:43:07 not four.

20:43:11 You roll your eyes.

20:43:14 That's how you feel, too.

20:43:16 It's ridiculous, but we are happy to have go through --

20:43:19 they had to go through the time and expense and

20:43:22 heartache over doing this for one foot.

20:43:28 Thank you.

20:43:29 >>MARY MULHERN: I had questions for probably Abbye.

20:43:37 On this, is that really all the only reason they

20:43:41 couldn't put a new roof, an aluminum roof on?

20:43:46 Would they have had to come for a permit to do that?