TAMPA CITY COUNCIL
JUNE 10, 2010
5:30 P.M. SESSION
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17:37:14 [Roll Call Taken]
17:37:15 >>THOMAS SCOTT: Okay.
17:37:20 We have public hearing -- continued public hearing --
17:37:24 right? -- for the plan amendment, comp plan amendment.
17:37:31 >> Julia Cole, Legal Department.
17:37:36 You have before you --
17:37:39 >>CHARLIE MIRANDA: Open hearings 1-3.
17:37:42 >>THOMAS SCOTT: All in favor signify by saying aye.
17:37:46 Go ahead.
17:37:49 >> Julia Cole, City of Tampa Legal Department.
17:37:54 You have before items 1, 2 and 3, three separate public
17:37:56 hearings relating to the settlement of one matter which
17:38:01 is the settlement of three -- of two -- I am sorry a
17:38:04 comprehensive plan amendment which the City Council
17:38:08 approved in 2007, submitted to City Council, a
17:38:12 memorandum outlining what is in these agreements.
17:38:14 And I won't take up too much of your time describing
17:38:20 that, but just by way of background, the Department of
17:38:22 Community Affairs did file a challenge to those -- to
17:38:25 the comprehensive plan amendment, which City Council
17:38:31 approved that was for a parcel of property in direct --
17:38:35 directly adjacent to MacDill Air Force Base off of
17:38:38 Interbay Boulevard and the comprehensive plan amendment
17:38:41 was from light industrial to CMU-35.
17:38:44 When the Department of Community Affairs filed its
17:38:47 challenge, they were then joined by the Department of
17:38:49 the Air Force, and property owner Spray Miser
17:38:52 International, Inc. did intervene in that action, the
17:38:56 major issue in that litigation was the protection of
17:39:03 what we call a clear zone, which is the extension of
17:39:06 the runway off of MacDill.
17:39:09 And just to make the long story short, there was some
17:39:12 concern in the way we were handling this comprehensive
17:39:15 plan amendment, that there was not adequate protections
17:39:17 for the clear zone.
17:39:19 I will tell you that at that time, we didn't have
17:39:21 anything in our comprehensive plan that specifically
17:39:24 protected the clear zone, but the important things that
17:39:27 we are doing in the settlement of this particular piece
17:39:30 of litigation is allowing the amendment of the
17:39:33 comprehensive plan to change on this property
17:39:38 officially from light industrial to CMU-35, subject to
17:39:41 certain conditions on development relating to noise,
17:39:43 attenuation and relating to the protection of the clear
17:39:46 zone, but I think the thing that is most important that
17:39:49 we are doing within the settlement of this litigation
17:39:52 is the text amendments we will be making to our
17:39:55 comprehensive plan, which specifically recognize a
17:39:58 clear zone and the protection of that clear zone for
17:40:02 all properties in this area so that for the future, we
17:40:06 don't have a situation come up where we haven't
17:40:09 adequately protected the clear zone.
17:40:12 With all that being said, the City of Tampa Legal
17:40:14 Department recommends that you go ahead and approve the
17:40:17 settlement agreement along with the amendments, one of
17:40:21 the text amendment and the other one is for the
17:40:22 readoption the previous comprehensive plan amendment
17:40:26 with the conditions I outlined in my memorandum.
17:40:28 I will actually ask you not to approve the settlement
17:40:29 agreement tonight.
17:40:32 That is agenda item 1, to continue that until second
17:40:35 reading of the two ordinances, and then I will ask you
17:40:39 to read on first reading the text amendment ordinance
17:40:42 and the -- and the map amendment ordinance which is
17:40:44 items 2 and items 3.
17:40:46 You should have those in your packet as well.
17:40:49 I am available for any additional questions on this
17:40:50 matter, and it is a public hearing.
17:40:53 I do not know if there is anyone here to speak on these
17:40:56 issues, but this is a public hearing.
17:40:57 >>THOMAS SCOTT: Okay.
17:40:59 Any questions by Council?
17:41:01 Anyone wish to address Council?
17:41:06 Anyone wishing to speak?
17:41:08 >> Move to close the public hearing.
17:41:08 >> Second.
17:41:12 >>THOMAS SCOTT: All in favor signify by aye.
17:41:13 Not saying anything on --
17:41:16 >> We will ask that you continue item number one for
17:41:17 second reading.
17:41:21 >> I move continuation of item 1 to run concurrent with
17:41:26 the second reading, first and third.
17:41:27 >>GWEN MILLER: Second.
17:41:28 >>THOMAS SCOTT: Moved and seconded.
17:41:31 >> That will be on June 24 at 9:30 A.M.
17:41:34 >>CHARLIE MIRANDA: June 24.
17:41:37 >> That will be July 15 at 9:30 A.M.
17:41:40 >>CHARLIE MIRANDA: July 15, 9:30 A.M.
17:41:41 >>THOMAS SCOTT: Moved and seconded.
17:41:45 All in favor signify by saying aye.
17:42:03 Take up item number two.
17:42:05 >>GWEN MILLER: Thank you Mr. Chairman, I move an
17:42:11 ordinance amending ordinance 2008-144 which amended the
17:42:13 Tampa Comprehensive Plan, Future Land Use Element,
17:42:17 Future Land Use Map for the property located in general
17:42:21 vicinity Interbay Boulevard abutting MacDill Air Force
17:42:24 Base between Lois Avenue and Dale Mabry Highway from
17:42:29 the light industrial to community mixed use-35.
17:42:32 For additional conditions of development, provide for
17:42:36 repeal of all conflicts providing for severability,
17:42:39 providing an effective date.
17:42:41 >>THOMAS SCOTT: It has been moved and seconded.
17:42:44 Second by Councilman Miranda.
17:42:47 All those in favor signify by saying aye.
17:42:50 >> Motion carry.
17:42:54 Second reading July 15 at 9:30 A.M.
17:43:02 >>GWEN MILLER: Item 3.
17:43:04 >>LINDA SAUL-SENA: Thank you, Mr. Chairman, I would
17:43:07 like to move an ordinance amending Future Land Use
17:43:12 Element by revising objective 19.7 and associated
17:43:16 As more particularly described in section 2 below
17:43:19 providing for severability, providing for an effective
17:43:23 >>THOMAS SCOTT: Moved and second.
17:43:25 Seconded by Councilman Miranda.
17:43:29 All that favor signify by aye.
17:43:31 >> Motion carries unanimously.
17:43:32 July 15 at 9 A.M.
17:43:34 Councilwoman Saul-Sena.
17:43:35 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.
17:43:39 Earlier today during new business I asked that we give
17:43:43 a commendation to the Gasparilla business class people
17:43:46 for giving a lot of money to the rec center and unable
17:43:49 to attend on the 17th but could on the 14th and Patel
17:43:53 making the $20,000 donation toward swimming pool
17:43:55 donations will be available on the 24th.
17:43:58 >>THOMAS SCOTT: Second.
17:44:04 >>LINDA SAUL-SENA: I would like to move it to move the
17:44:11 It is just the ceremonial recognition.
17:44:13 And seconded by Mr. Miranda.
17:44:15 >>THOMAS SCOTT: Moved and seconded.
17:44:18 All in favor signify by saying aye.
17:44:23 Any other items in Councilwoman Mulhern?
17:44:26 >>MARY MULHERN: I move the resolution of --
17:44:28 >>THOMAS SCOTT: Is there a second.
17:44:30 >>MARY MULHERN: Get ready Tampa bay.
17:44:31 Is that what it is called?
17:44:32 I can't find it.
17:44:36 I somehow buried it in here.
17:44:37 Thank you.
17:44:41 I move a resolution declaring support for the Tampa Bay
17:44:47 Regional Council for Get Ready Tampa Bay to promote
17:44:54 vehicle plug-in ready and for use of plug-in vehicles.
17:44:55 >>THOMAS SCOTT: Moved and seconded by Councilwoman
17:45:01 Saul-Sena and seconded by Councilman Dingfelder.
17:45:03 >>JOHN DINGFELDER: I support the motion and I wanted
17:45:06 to comment on something and it recently became relevant
17:45:12 again is the neighborhood electric vehicles, the NEVs.
17:45:16 Previously, there were these little NEVs running around
17:45:20 Hyde Park and downtown giving people free rides, and
17:45:23 they had advertising on them.
17:45:27 And -- and there was a question whether or not they
17:45:29 would be regulated or not regulated by the public
17:45:30 Transportation commission.
17:45:34 Recently the ruling came down that said they would be
17:45:37 regulated by the public Transportation commission, and
17:45:40 my guess is that as a former member of the PTC, that
17:45:45 the PTC is not going to allow them to be on the road.
17:45:52 Now, it and to me in discussions with legal counsel a
17:45:55 while back on this issue that if the PTC didn't step up
17:46:00 and get involved in that, that the city actually could.
17:46:03 And that the city -- that the City Council could --
17:46:07 could go ahead and, you know, do some type of licensing
17:46:12 that would regulate these in a certain way, but in the
17:46:16 same breath, you know, at least allow them to operate.
17:46:18 I think they are a good thing environmentally.
17:46:20 I think they are a tourist-friendly thing.
17:46:22 I think they are a community-friendly thing.
17:46:24 And I don't think they hurt anybody.
17:46:27 And I don't think they hurt the cab industry.
17:46:30 And so -- there are a very few of them.
17:46:32 Only about 6 or 10 of them out on the road.
17:46:36 So anyway, the last time I brought this up to Council,
17:46:39 Council was -- didn't seem very interested and
17:46:42 punted.back to the PTC, but now it looks like the PTC
17:46:48 are going to keep these folks out of business.
17:46:49 >> Can I say something.
17:46:52 >>THOMAS SCOTT: Councilman Caetano.
17:46:54 >>JOSEPH P. CAETANO: Mr. Chairman, I remember this
17:46:57 item came out when Mr. Dingfelder was on the board, and
17:46:59 his suggestion was to let the city take it over.
17:47:02 I don't think the city has room to take it over.
17:47:05 They don't need the liability.
17:47:08 It was demonstrated the other day -- there was a little
17:47:10 gal that got killed, 6 years old.
17:47:14 It wasn't in one of these, it was in a golf cart type
17:47:15 of thing.
17:47:17 >>LINDA SAUL-SENA: With her parents driving.
17:47:19 >>JOSEPH P. CAETANO: Ma'am, I am talking.
17:47:20 I don't interrupt you.
17:47:23 >>THOMAS SCOTT: Please.
17:47:24 >>JOSEPH P. CAETANO: And Transportation committee is
17:47:26 going to take charge of it.
17:47:31 The ruling came down from the court that they are
17:47:33 receiving compensation.
17:47:35 They are getting paid for the advertising.
17:47:37 That is compensation.
17:47:41 >>THOMAS SCOTT: Councilman Miranda, Mulhern and
17:47:45 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
17:47:48 I forget which meeting I am in.
17:47:52 But let me say this, I sure have compassion for the
17:47:54 individuals who are using the electric carts and, yes,
17:47:57 it is true that they are clean and this, that and the
17:48:00 other, but the authority of that was just why we set up
17:48:02 the Public Transportation Commission.
17:48:04 It was not a vote by us.
17:48:08 It was a vote that was of many individuals, and they
17:48:12 handle all of the Transportation problems for the
17:48:18 For me as one member of Council to vote to change and
17:48:21 overrule a body who has that authority, I don't think I
17:48:22 have the authority to do that.
17:48:25 That is why they set up that authority.
17:48:28 If not, I -- I would be Public Service Commissioner.
17:48:31 I would be handling the electric rates.
17:48:34 I would be handling the voting rights of the citizens
17:48:35 in the city.
17:48:36 That also was taken away.
17:48:39 We are no longer a separate city.
17:48:42 We belong to a different type of environment that --
17:48:45 you know, west Tampa was another -- had their own city.
17:48:47 Port Tampa had their own city.
17:48:48 That's no longer there.
17:48:51 So you have to understand or at least I have to
17:48:57 understand that my authority ends at the city line.
17:49:00 My authority ends with Transportation, not with the cab
17:49:02 companies, not with the vehicles that are electrical,
17:49:06 but what responsibility do I have under the oath that I
17:49:10 And that does not include -- and I understand the
17:49:15 I appreciate the conversation, but I just cannot
17:49:20 support that because I don't have the legal authority,
17:49:24 and that's been going on, hassling with each other back
17:49:28 and forth and maybe through the court system.
17:49:30 I haven't kept up that much, I will be sincere through
17:49:31 the day.
17:49:34 Yes they are not charging on one side.
17:49:36 But on the other side they are charging because they
17:49:38 are getting tips and they are getting -- I hope they
17:49:41 are reporting the tips to IRS, I am sure they are, and
17:49:43 they are getting advertising on the vehicle.
17:49:44 Where is the line?
17:49:47 The line belongs in court, not with me, but I have no
17:49:48 problem saying that.
17:49:49 Thank you, Mr. Chairman.
17:49:52 >>THOMAS SCOTT: Councilwoman Mulhern, Councilwoman
17:49:57 >>MARY MULHERN: Actually, I wanted to head off getting
17:50:00 into a big discussion about this by saying -- telling
17:50:04 Councilman Dingfelder that this resolution can only
17:50:07 help us to promote more electric vehicles, but I think
17:50:10 it is something that we need -- if you want to address
17:50:13 it, it needs to come up at a regular meeting either as
17:50:18 a workshop or staff report or something.
17:50:23 And Linda, is our PTC representative so she is
17:50:26 probably the person to do that if she wants.
17:50:29 >>LINDA SAUL-SENA: I attended my first PTC meeting the
17:50:32 other day and it is certainly not for the faint of
17:50:37 heart, and this issue came up, and Mr. Caetano also
17:50:40 serves on that but my opinion is reflected in the
17:50:44 comments made by Mr. Dingfelder.
17:50:46 I believe these are an asset to the community, and the
17:50:50 bottom line is, we set a meeting in July to have a
17:50:56 workshop, a PTC workshop on this topic subsequently I
17:51:01 have spoken to the Tampa downtown partnership, to the
17:51:05 Tampa band company, to the children's museum, to the
17:51:07 aquarium and the performing arts center.
17:51:10 They all see these as very positive to add to the
17:51:13 experience of their -- of their customers.
17:51:18 And so I will let everybody know about the date of the
17:51:22 workshop and I encourage people to get involved.
17:51:25 I think it's -- it's a great opportunity.
17:51:28 We have to have something advantageous in our
17:51:30 There is a question of safety, but I think that can be
17:51:36 addressed by circumscribing the areas in which these
17:51:38 can RO am.
17:51:40 I think the urban core has been pretty much identified
17:51:42 as the appropriate area.
17:51:44 They are not appropriate for highways.
17:51:48 Certainly they are appropriate for short stints within
17:51:51 the center of the city but I would love for the City
17:51:53 Council to weigh in on it.
17:51:56 I am sorry Mr. Dingfelder, I don't remember when you
17:51:59 brought it up the first time, but I think that while it
17:52:02 might not be appropriate in other places, it is
17:52:05 certainly appropriate in our urban core and I hope we
17:52:08 will weigh in on it either individually or tell people
17:52:11 to attend a hearing as soon as I find out when it is
17:52:13 scheduled in July.
17:52:19 >>THOMAS SCOTT: Well, I served many years on the PTC.
17:52:22 It is an area that has already been defined and
17:52:26 It is an area that they should regulate or have input.
17:52:34 To go beyond that now and say because they have not
17:52:37 acted on it that they need to take legal action or we
17:52:40 need to take legal action is inappropriate.
17:52:43 Too many unknowns relative to this in terms of
17:52:48 Are the hotels going to be liable for picking up their
17:52:53 guests from the hotels and then driven around?
17:52:56 You know, all of those issues are unknown and have to
17:52:58 be addressed.
17:53:02 And the PTC is the legal body, and your special act has
17:53:05 the authority to regulate that.
17:53:07 I think that we need to be very careful in moving
17:53:11 forward with that and allow them to do their job and do
17:53:16 what they under the special act has been charged to do.
17:53:20 So I just caution us with that.
17:53:22 >>GWEN MILLER: Mr. Chairman, this is part of the same
17:53:25 >>THOMAS SCOTT: No.
17:53:27 >>JOHN DINGFELDER: Let's finish Mary's motion, I
17:53:30 >>MARY MULHERN: Can we just vote on my motion?
17:53:34 That's what I was trying to say, and then if --
17:53:36 >>JOHN DINGFELDER: I will second her motion.
17:53:37 >>THOMAS SCOTT: Seconded by Commissioner Saul-Sena
17:53:44 Moved and seconded, all in favor signify by saying aye.
17:53:45 >>JOSEPH P. CAETANO: What was the motion?
17:53:46 I was out of the room.
17:53:51 >>THOMAS SCOTT: The rose for get up Tampa Bay.
17:53:56 >>CHARLIE MIRANDA: Has nothing to do with -- that's
17:53:58 why I brought it up.
17:53:58 >>THOMAS SCOTT: Okay.
17:54:02 All in favor signify by saying aye.
17:54:07 >> Brought to my attention that number 12 is an item
17:54:14 which is a resolution setting a public hearing.
17:54:17 >>GWEN MILLER: I move resolution number 12.
17:54:20 >>THOMAS SCOTT: Do that before 6:00?
17:54:22 >>CHARLIE MIRANDA: You have to wait until 6:00.
17:54:24 >> Not set for a time certain.
17:54:25 If you wish to wait.
17:54:27 >>THOMAS SCOTT: I just want to be consistent, that's
17:54:34 We -- just like to be consistent.
17:54:39 >> Council, I don't think -- this is ministerial and I
17:54:41 don't think this should be an issue.
17:54:44 >>THOMAS SCOTT: Second.
17:54:44 >> Second.
17:54:45 >>THOMAS SCOTT: Moved and seconded.
17:54:48 All in favor signify by saying aye.
17:54:52 >> Nay.
17:54:56 >> Motion carries with Miranda voting no.
17:54:58 >>THOMAS SCOTT: Anything else?
17:55:00 Any other new business?
17:55:03 If not, we will stand in recess for about six minutes.
18:03:28 Thank you
18:03:30 >>THOMAS SCOTT: The Tampa City Council will now come
18:03:32 to order.
18:03:41 [roll call taken]
18:03:43 >>THOMAS SCOTT: Okay, we open our public hearing and
18:03:45 swear all of our witnesses in.
18:03:47 >>CHARLIE MIRANDA: So moved.
18:03:47 >> Second.
18:03:49 >>THOMAS SCOTT: All those in favor signify by saying
18:03:53 If you were going to be speaking to Council, stand and
18:03:57 be sworn.
18:04:01 [oath administered by Clerk]
18:04:02 >> Mr. Chairman, I ask that all communications
18:04:05 relative to tonight's hearing that was available for
18:04:07 public inspection in City Council's office be received
18:04:09 and filed into the record at this time.
18:04:10 By motion pleased.
18:04:12 >>GWEN MILLER: So moved.
18:04:13 >> Second.
18:04:16 >>THOMAS SCOTT: All those in favor signify by saying
18:04:21 >> Any member of City Council had any conversation with
18:04:22 petitioner or any member of the public in connection
18:04:25 with today's hearings that member of Council should
18:04:29 prior to action disclose the person or persons or
18:04:31 entity of which the verbal communication occurred and
18:04:34 substance of that verbal communication and finally a
18:04:35 sign-up sheet outside.
18:04:37 Please do sign it if you are going to be speaking
18:04:46 tonight and please make sure -- we will see -- if you
18:04:48 come in late you are not here but tell us if you
18:04:49 haven't been sworn.
18:04:50 Thank you.
18:04:55 >>THOMAS SCOTT: Take item number four.
18:05:00 >> There is one modification to the agenda.
18:05:03 TaWanda Anthony, Land Development.
18:05:06 We are asking that item 5 be removed from the agenda
18:05:13 LDC will reschedule at another date.
18:05:17 >>GWEN MILLER: Move to open number 5.
18:05:18 >> So moved.
18:05:20 >>GWEN MILLER: Continue what date.
18:05:25 >> Land Development will reschedule at a later date.
18:05:27 >>GWEN MILLER: Move to remove.
18:05:28 You want it removed.
18:05:29 >> Yes.
18:05:31 >>THOMAS SCOTT: All those in favor signify by saying
18:05:36 All items have already been open.
18:05:41 Item number 4.
18:05:42 >> Action File No. V10-175.
18:05:47 The property address is 3710 W. Watrous Avenue.
18:05:49 This is a special use request.
18:05:53 The current zoning is RM-57, residential single family
18:05:57 and they are proposing a parking, off-street Commercial
18:06:00 parking lot.
18:06:04 And this is to service the adjacent Commercial use,
18:06:18 which is the right.
18:06:21 >> Good evening, members of Council, Tony Garcia,
18:06:21 Planning Commission staff.
18:06:34 I have been sworn in the subject site before you this
18:06:36 evening in this particular case is located in the South
18:06:39 Tampa planning district on your comprehensive plan
18:06:40 vision map.
18:06:42 The South Tampa district is a district that offers
18:06:46 opportunity for potential infill development.
18:06:49 It is regarded as an area of stability within the city
18:06:51 as the north Tampa district is.
18:06:53 This particular request is for a special use
18:06:56 consideration for an ancillary use for a primary use
18:07:01 which is Commercial use located off of -- off of Dale
18:07:03 Mabry Highway in the South Tampa area, South of the
18:07:10 intersection of Henderson Boulevard and Dale Mabry.
18:07:13 I would like to show you the Future Land Use Map right
18:07:16 This shows the land use category for this particular
18:07:19 area is residential 6 that does allow for ancillary
18:07:22 uses, supporting uses to Commercial uses such as
18:07:27 stormwater retention or parking or, again, an ancillary
18:07:30 use to a primary use that happens to be on this
18:07:31 particular site.
18:07:35 CMU-35 which is predominantly a land use category on
18:07:36 Dale Mabry.
18:07:40 And then you have some residential 20 and residential
18:07:56 Get my bearings.
18:07:59 The site is located within the boundary -- the
18:08:02 neighborhood boundaries of the civic and garden
18:08:04 associations, and as I said before, always in the South
18:08:05 Tampa district.
18:08:09 As you can see, there are quite a few of Commercial
18:08:12 uses along Dale Mabry and henderson.
18:08:18 You do have a drop-off in the intensity of uses.
18:08:22 The street further to the east -- your first
18:08:26 north-South street that is parallel to South Dale
18:08:30 For those of you who have been on Council for quite a
18:08:32 long period of time and the past cases we have had,
18:08:35 nothing that is Southerly in the comprehensive plan
18:08:38 that talks about there being an actual drop off in
18:08:42 intensity or types of uses of a particular geographic
18:08:44 area as it relates to nonresidential to residential,
18:08:49 but for those of how have seen numerous case that have
18:08:50 occurred on South Dale Mabry.
18:08:53 Many of you have known that the literal line of
18:08:55 demarcation or the line in the sand as we like to call
18:08:59 it for this particular part of Dale Mabry relative to
18:09:01 the -- to the residential streets, especially on the
18:09:04 Eastern side has been sterling avenue.
18:09:08 You pretty much not see any nonresidential uses east of
18:09:12 sterling avenue as it relates to Dale Mabry as one
18:09:14 transitions away from the east to Dale Mabry Highway,
18:09:17 which is a Commercial arterial road.
18:09:20 You can't see what the development pattern is like as
18:09:23 one goes further into the residential neighborhood.
18:09:29 It is pretty much as you go further to the east.
18:09:34 Single family residential, which is exemplified by the
18:09:35 residential 6 land use category.
18:09:38 As I already stated before, there are opportunities --
18:09:40 there is -- there is nonresidential use directly
18:09:44 interfaces the proposed request directly to the north
18:09:48 of the site, and there are other nonresidential uses.
18:09:52 There are -- that have the same similar type of depth.
18:09:56 The applicant is offering a significant amount of
18:10:02 vegetative screening to mitigate any potential adverse
18:10:04 impacts to the residential uses that lie to the east
18:10:07 and to the South of the site.
18:10:11 I think I will go ahead and let city staff expand on
18:10:14 that for you, but based on what has been shown on the
18:10:17 site plan and what is being allowed in the
18:10:19 comprehensive plan, the Planning Commission staff found
18:10:21 the proposed request consistent with the comprehensive
18:10:27 >>MARY MULHERN: Mr. Garcia, can you just tell me
18:10:30 because I can't read the tiny print, what the brown
18:10:33 areas zoned north -- what is that zoning?
18:10:35 >>TONY GARCIA: This is the land use, not the zoning.
18:10:38 >>MARY MULHERN: The land use, sorry.
18:10:40 >>TONY GARCIA: This is residential 20.
18:10:41 >>MARY MULHERN: Thank you.
18:10:44 >>THOMAS SCOTT: Any other questions by Council?
18:10:46 Councilman Dingfelder.
18:10:48 >>JOHN DINGFELDER: Put up the map again.
18:10:56 >>TONY GARCIA: Which map would you like?
18:10:58 >>JOHN DINGFELDER: Theoretically, you are saying the
18:11:02 ancillary use coming off of Dale Mabry -- you mentioned
18:11:08 about a traditional -- a traditional boundary, but with
18:11:13 the category of r-6 that all -- all of that yellow is
18:11:18 in, so theoretically it's -- you are saying if somebody
18:11:21 had that Dale Mabry frontage and you wanted to -- you
18:11:24 know, take their parking lot all the way back to
18:11:26 sterling and cover all that yellow, your recommendation
18:11:30 would continue to be -- it would be okay based upon
18:11:33 everything you said?
18:11:35 >> It will be based on what the surrounding uses are to
18:11:37 the site.
18:11:39 I have already stated that sterling is used as a line
18:11:40 of demarcation.
18:11:43 What I meant is that sterling -- you don't see any
18:11:45 nonresidential uses east of sterling.
18:11:48 This has pretty much been this Council's stand.
18:11:51 >>JOHN DINGFELDER: I would definitely agree you don't
18:11:56 see much east of Sterling.
18:12:01 I don't know if you see much east of the alley either.
18:12:03 Do you have anything in terms of the South.
18:12:05 Does the map go to the South?
18:12:08 >>TONY GARCIA: Not this particular land use map.
18:12:12 >>JOHN DINGFELDER: Could you have any others?
18:12:14 >>TONY GARCIA: Not future.
18:12:17 Residential 6 allow these uses for stormwater and
18:12:22 It is an approved use in the Residential 6.
18:12:24 >>JOHN DINGFELDER: For argument sake what if Sterling
18:12:25 didn't exist right there.
18:12:28 >>TONY GARCIA: Sterling is not the issue.
18:12:30 >>JOHN DINGFELDER: You mentioned Sterling.
18:12:33 For argument's sake, look at the map, if Sterling
18:12:36 didn't exist, where do you say enough in other words.
18:12:38 That is what I am trying to figure out from a good
18:12:41 planning perspective, because that would many that the
18:12:45 r-6 will continue adjacent to the highly Commercial
18:12:46 Dale Mabry.
18:12:48 When would you say enough.
18:12:49 That is too far away.
18:12:52 Is there any distance criteria?
18:12:52 >>TONY GARCIA: No.
18:12:55 In many cases you have to actually use the physical
18:12:56 boundaries that are given to you.
18:12:59 In this case, what we have here and what has been a
18:13:03 constant, there is no nonresidential use east of
18:13:07 Sterling from -- from Columbus drive all the way down
18:13:08 to this.
18:13:12 You will not see any nonresidential uses east of
18:13:15 >>JOHN DINGFELDER: At some point this Council or the
18:13:20 city allowed and encouraged that policy of development
18:13:24 that looks like about nine or ten homes, very nice
18:13:29 homes, to be built, intruding, perhaps, toward the
18:13:32 >>TONY GARCIA: There.
18:13:33 >>JOHN DINGFELDER: Right.
18:13:35 Which I am sure we are going to hear more about later
18:13:36 on tonight.
18:13:37 >>TONY GARCIA: I am sure somebody else will have
18:13:40 history on that that you will hear about most likely
18:13:41 this evening.
18:13:53 >>JOHN DINGFELDER: All right, thank you.
18:13:57 >> Special use request -- and this is the zoning atlas.
18:14:00 As you can see, the property is in the green hatched
18:14:08 So the parking lot is zoned RS-75 --
18:14:10 >>THOMAS SCOTT: Could you speak into the mic?
18:14:11 I can hardly hear you.
18:14:15 >> The area to the east is also zoned rs-75, to the
18:14:16 west CG.
18:14:21 Also some RS-100 lots and some RS-60.
18:14:25 This is all zoned single-family residential.
18:14:28 Across from Watrous on the north, this -- this is used
18:14:30 as a Commercial use.
18:14:34 It is partly owned by the American Cancer Society.
18:14:38 You have this gourmet to the west, Dale Mabry, this is
18:14:43 To the South is a property -- excuse me to the north is
18:14:44 the property.
18:14:49 You have Neptune to the South.
18:14:55 And Sterling is here to the east.
18:14:58 And then shows the boundaries of the property.
18:15:00 You have Dale Mabry to the east -- excuse me to the
18:15:05 You have Watrous to the north, Palma Ceia Court to the
18:15:07 South and Sterling to the east.
18:15:11 You can see -- gourmet.
18:15:16 You can see the -- the box and you can see the
18:15:17 residential area.
18:15:19 You can also see the Commercial parking lot and the
18:15:20 Commercial structure.
18:15:24 And this is the Hancock here on the corner -- the
18:15:32 Hancock here on the corner of Dale Mabry and Watrous.
18:15:41 Here is a picture of the site -- I will use this mic.
18:15:44 Picture of the site that you can see is tightly zoned
18:15:49 RS-75, residential structure planning on the property.
18:15:51 >>THOMAS SCOTT: You want to ask about the --
18:15:54 >> The view looking South on the property.
18:15:56 This is Wright's Gourmet.
18:16:04 This will be the access to the parking.
18:16:06 There is a view looking to the South, and this is the
18:16:10 rear of the site, and you can see the six-foot wall, as
18:16:13 well as the residential property that is abutting this
18:16:19 This is east of the site.
18:16:23 This is also residential and you can see the six-foot
18:16:30 Here is a view looking east toward Sterling, and you
18:16:33 can see the single-family residential.
18:16:36 Here is a view looking north, and this is across the
18:16:40 street, and you can see the Commercial property.
18:16:43 >>LINDA SAUL-SENA: May I ask a question about that?
18:16:46 >>THOMAS SCOTT: Yes, Councilwoman Saul-Sena.
18:16:47 >>LINDA SAUL-SENA: This property is located
18:16:49 immediately to the north, correct?
18:16:49 >> Correct.
18:16:51 >>LINDA SAUL-SENA: It appears to be a parking lot.
18:16:55 But the zoning is not Commercial zoning?
18:16:58 >> The zoning is currently RS-75.
18:17:00 But it is owned by the American Cancer Society.
18:17:04 This is parking for the existing Commercial use.
18:17:05 >>LINDA SAUL-SENA: Just a question.
18:17:10 How did they do that?
18:17:13 >> Well, the structure is there for a relatively long
18:17:14 period of time.
18:17:15 >>LINDA SAUL-SENA: Okay.
18:17:28 >> This is a view looking west, and this is South of
18:17:30 the site, and you can see the alley and those
18:17:38 additional Commercial properties to the South.
18:17:41 The applicant is requesting a special use for an
18:17:44 off-street Commercial parking lot to provide off-street
18:17:48 parking for the adjacent writhe's gourmet.
18:17:51 The property is located east of Dale Mabry Highway and
18:17:55 abuts existing Commercial use to the west and to the
18:18:00 The site is adjacent to Commercial uses to the north
18:18:04 and west and residential to the east and south.
18:18:09 Parking spaces, 16 standard spaces and 24 compact
18:18:13 Land Development, as well as the environmental review
18:18:16 committee, has reviewed the application and finds it
18:18:19 consistent; however, we did provide a revision sheet,
18:18:26 and we have requested that the applicant provide note
18:18:29 on the site plan to show there is a wall through the
18:18:38 new proposed -- on sheet 2 they depicted a wall, but on
18:18:44 sheet 1, parks and rec have asked that they provide a
18:18:48 We spoke to the applicant and they have agreed to make
18:18:50 those revisions between first and second reading.
18:18:53 Are there any additional questions?
18:18:55 >>THOMAS SCOTT: Thank you very much.
18:19:08 >> Good evening, Councilmembers, Gina Grimes with the
18:19:11 law firm of hill, Ward and Henderson.
18:19:14 101 East Kennedy boulevard, suite 3700.
18:19:17 And I represent the applicant, Jeffrey McDonald Mount
18:19:21 LCC, which is the owner of this parcel.
18:19:26 I am going to ask Steven with our law firm to hand out
18:19:31 the presentation books that we prepared for you.
18:19:36 And I would also -- if you wouldn't mind, Mr. Crew, if
18:19:39 before you start my time, if you could let me know when
18:19:40 seven minutes is up.
18:19:43 We have -- Mr. Chairman, we have two other speakers,
18:19:46 John Larocca who is our expert planner planned Mount
18:19:52 If we run over, we will probably have Mr. Mount come up
18:19:54 during the rebuttal time.
18:19:56 I anticipate with the number of people I understand
18:19:59 that are here in objection we may need a couple of
18:20:02 extra minutes but push back Mr. Mount's presentation
18:20:08 until rebuttal if that's okay.
18:20:15 As I said, Mr. Mount is the applicant for this Special
18:20:19 Use Permit, and as a Special Use Permit, even though
18:20:23 this property is zoned RS-75, as a Special Use Permit,
18:20:27 a Commercial parking lot in a residential area is
18:20:31 predetermined as a -- a permissible use and a
18:20:33 Commercial parking lot in a residential area,
18:20:37 residentially zoned property is an appropriate use
18:20:41 provided all the special use criteria is met.
18:20:44 I know questions arose already how can a parking lot
18:20:48 exist in a residential area, well it is a special use
18:20:52 And the way the case law is if you meet the criteria in
18:20:54 the code, then it is deemed to be an appropriate use
18:20:57 even though the zoning is still residential.
18:20:59 Your city staff has already found that this special use
18:21:03 application meets all the criteria of the code, but in
18:21:05 addition to the expert testimony of your staff, we are
18:21:09 going to have our planner, John Larocca, who is a
18:21:14 planning expert testify as to how of each of the
18:21:17 general standards of uses and specific standards for
18:21:20 Commercial off-street parking lot has been met and he
18:21:22 will also address the comprehensive plan and compatible
18:21:26 and consistency with the comp plan.
18:21:30 Mr. Mount purchased the property three years ago and at
18:21:32 the time he did so, he had no intention of developing
18:21:33 it immediately.
18:21:34 The area is why we are requesting approval of this
18:21:38 Special Use Permit is because while in the past there
18:21:44 has been generally a need for parking at Wright's
18:21:48 gourmet, the parking needs were met by the spaces
18:21:53 on-site, some that back into Watrous which our city
18:21:55 code does not allow currently but spaces have existed
18:22:01 for some time and the parking needs were served by the
18:22:05 adjacent strip center where the Hancock's Fabric and
18:22:05 grove Smith.
18:22:09 The problem that existed because of the success of that
18:22:11 center with grove Smith as a tenant, we are no longer
18:22:15 to use those off-site spaces for parking.
18:22:18 And that has brought the parking issue, I think, to the
18:22:22 In addition, some of the parking needs have also been
18:22:26 met by arrangements that Mr. Mount has made to park his
18:22:28 employees to the South of the property, directly
18:22:32 adjacent to -- parked right now directly adjacent to
18:22:35 the Palma Ceia court subdivision.
18:22:37 Parked on the other side wall but right up next to it
18:22:39 and we will show you pictures of that in a minute.
18:22:42 We have submitted in our package of materials a -- a
18:22:47 traffic and parking evaluation prepared by Randy Cohen
18:22:50 from Cohen and Company who is an expert in
18:22:53 Transportation planning, and he has verified that, in
18:22:58 fact, there are several -- several Parkers off street,
18:23:01 several customers that park off street each and every
18:23:06 day during the peak hour period at the existent site at
18:23:07 the strip center.
18:23:10 He confirmed.nose off-site spaces are no longer
18:23:16 available, a need for other alternative parking is
18:23:20 And his evaluation also shows that it enhances the
18:23:22 circulation in the area by removing one of the
18:23:26 driveways -- single-family driveways on Watrous Avenue
18:23:29 by removing that and also provides pedestrian safety
18:23:33 because the parking lot will be on the same side as the
18:23:36 restaurant, Watrous and the rest and no need for the
18:23:42 customers to cross Watrous to get to the restaurant.
18:23:45 Miss Anthony went over you our site plan.
18:23:46 It has 40 spaces.
18:23:48 It meets each and every requirement of the city code.
18:23:51 We did not ask for any waivers whatsoever.
18:23:55 Typically you see waivers for the drive aisle, from 26
18:23:56 feet to 24 feet.
18:23:58 We did not ask for that.
18:24:00 We meet each and every requirement of the city code.
18:24:03 What I would like to address -- and we have a board.
18:24:05 What I would like to address is -- is the mitigation
18:24:09 techniques that we have utilized, because these go
18:24:14 toward negating any and all alleged impact that anyone
18:24:19 might say was created as a result of this parking lot.
18:24:22 And I am going to put up here also on the -- on the
18:24:29 Elmo the same board that -- that is -- that is up in
18:24:31 front of you.
18:24:33 There are several different mitigation techniques that
18:24:34 have been utilized.
18:24:36 The first is entry gates.
18:24:39 These entry gates on the two entrances into the parking
18:24:42 area will be closed after the last employee leaves
18:24:46 every night, and that is to ensure that there is no one
18:24:48 in this parking lot after hours.
18:24:52 The other mitigation technique is that we -- not shown
18:24:55 here but it is shown on our site plan that there will
18:24:58 be two lights installed for safety purposes.
18:25:00 We also have included in the package of material a
18:25:06 photometric plan that establishes there will nobody
18:25:08 light spillover into adjacent properties, but the
18:25:11 lighting will stay on the site for safety reasons.
18:25:13 Probably the most important mitigation technique is the
18:25:17 landscaping, and I know all of you know that Wright's
18:25:21 has been known for its commitment to quality and I
18:25:24 think you will see when we show you those proposed
18:25:26 landscape rendering that that same commitment to
18:25:28 quality is evident in this proposed parking area.
18:25:31 And I would like to begin by just taking you around the
18:25:35 site, and I am going to stay on this aerial view, too,
18:25:36 because I think it gives you a better perspective.
18:25:38 You can look at this site plan that is included with
18:25:39 your materials.
18:25:42 Thing goes a long way toward showing you the extent of
18:25:44 the landscaping, the first issue I would like to point
18:25:46 out is the buffer area.
18:25:49 Only 15 feet of buffer is required by your city code;
18:25:52 however, on the South side -- and this is the Palma
18:25:56 Ceia court subdivision back here -- on the South side
18:25:59 you have a 19-foot buffer and that is 4 foot great are
18:26:00 within that is required by code.
18:26:06 On the east side, and this is a Miss Madeleine White
18:26:08 owns this property to the east, on the east side a
18:26:11 15-foot completely open landscape buffer and then
18:26:15 another 45 feet for a total of 60 feet of all
18:26:17 landscaping and trees.
18:26:20 And this is a very, very large buffer area.
18:26:25 In fact this -- this buffer area is 60 by I believe 150
18:26:28 and is actually larger in size than the single-family
18:26:31 lots in the adjacent subdivision.
18:26:34 So effectively what you have is a vacant landscaped lot
18:26:38 in between the -- the single-family home to the east
18:26:40 and the proposed parking area.
18:26:44 Also important to note is that the size and the type of
18:26:48 plantings that are being proposed, they far exceed city
18:26:52 Along the front, you have a flowering shrub and an
18:26:54 evergreen hedge.
18:26:58 You have four 2-inch oak trees on the north side along
18:27:03 Along the west side, you have four 2-inch crepe
18:27:08 Along the South side, you have 10x10, four
18:27:12 10x10 lagustrum trees.
18:27:16 To the back closest to the residents in Palma Ceia
18:27:20 court, you have one, two, three, four, five, six
18:27:26 Magnolia trees and at time of planting will be 20 to 22
18:27:26 feet high.
18:27:29 You have three large cypress trees.
18:27:31 They will be 14 to 16 foot high at the time of planting
18:27:35 and along the Eastern boundary of the parking lot, you
18:27:39 have four more lagustrums, one, two, three, four.
18:27:42 In addition you have three Holly trees.
18:27:46 Those holly trees will be 10 to 14 feet at the time of
18:27:49 And up here a pecan tree that is being relocated from
18:27:51 elsewhere on the site.
18:27:54 So you have types of plantings, types of trees, as well
18:27:58 as the size of those trees that far exceed the code.
18:28:00 And what is important to note about this is that these
18:28:05 plantings are designed specifically to shield the
18:28:09 parking area from the adjacent residential uses.
18:28:12 And you can see that in the existing and proposed
18:28:15 conditions -- conditions that are in your materials.
18:28:18 For instance, looking back toward the southeast corner
18:28:21 of the property, you have the existing conditions, and
18:28:24 then with the landscaping overlaid on top of it, that's
18:28:25 what you would see.
18:28:26 Same thing.
18:28:29 The same corner with a little bit closer shot, existing
18:28:34 condition right now, looking back at those residences,
18:28:35 proposed conditions.
18:28:37 I believe this house in the middle is the Martin house.
18:28:40 That is the existing condition right now that you would
18:28:44 see from the -- from the single-family lot.
18:28:46 With the proposed condition and the island scapeing
18:28:48 that is what the view would be like.
18:28:52 Also the -- the little bit further between the Martins
18:28:56 and I believe the Rybergs, you have an existing
18:28:59 condition and the proposed condition where the house is
18:29:00 not visible at all.
18:29:03 And lastly, toward the Jessie property, you have the
18:29:07 existing condition, and we have two proposed views.
18:29:10 This one proposed view is from the east side and you
18:29:12 can see the cypress tree and looking through the
18:29:14 cypress trees you can see the other trees in the
18:29:17 background which are the Magnolia trees and then the
18:29:22 lagustrum trees are right along their property line.
18:29:24 And, again, you can see it probably better on the site
18:29:27 plan, but these -- this landscaping is specifically
18:29:33 designed to infill where there are gaps in the existing
18:29:36 trees on the adjacent properties.
18:29:38 On white property you have two grand trees and these
18:29:41 cypress tree also infill in between that.
18:29:44 The gap in between that, the same thing along the back
18:29:47 property line, two trees in the adjacent properties and
18:29:50 all the other trees are proposed to fill in the gaps in
18:29:52 between those trees and nothing will be visible from
18:29:52 those parties.
18:29:56 In addition to the buffering and the landscaping, we
18:30:02 also have the masonry walls, two six-foot masonry walls
18:30:06 along the southern and Eastern parts of the boundary.
18:30:08 Parts of those walls are on the Mount property and part
18:30:11 of them on the adjacent property owners.
18:30:14 I am sure the property owners believe they are their
18:30:17 walls and are willing to address any than the Council
18:30:20 will impose regarding additional walls or the height of
18:30:20 those walls.
18:30:23 Based on the site plan and mitigation, we had an
18:30:24 appraisal performed.
18:30:29 The purpose of the appraisal was to ascertain the
18:30:32 parking lot had any effect on the values of the
18:30:33 adjacent property.
18:30:37 The appraisal is included in the package of materials
18:30:42 and approved by John Menard a MIA appraiser and he
18:30:46 evaluate home in the nearby area and City of Tampa that
18:30:49 abut Commercial and or parking areas and what he found
18:30:51 that the value of those homes had no measurable
18:30:53 difference as a result of location next to a Commercial
18:30:57 area or a parking lot.
18:31:01 Next I would like to draw your attention one of the
18:31:04 exhibits we have in our materials, which is an aerial
18:31:08 that shows the number of -- of existing parking lots up
18:31:10 and down the Sterling corridor.
18:31:15 I think Mr. Dingfelder, you asked -- asked this very
18:31:20 What this exhibit demonstrates is the number of -- of
18:31:23 surface parking lots that already exist all up and down
18:31:27 Here is the subject site, and everything in yellow is
18:31:31 an existing Commercial parking lot that is directly
18:31:34 abuts single-family residential homes.
18:31:37 I will put this -- and I have pictures, too, of all
18:31:40 these different locations, but -- and John will address
18:31:43 this in more detail, but starting down here where you
18:31:44 have a bank parking lot.
18:31:47 This is on the South moving forward where there is a
18:31:48 dentist office right here.
18:31:51 You have all single family on Sterling right there.
18:31:54 To the north of that where you have the Feldman dental
18:31:58 clinic and other dental office there is, you also have
18:32:02 a parking lot that directly abuts single-family
18:32:05 residential and just when you get up in here where you
18:32:08 abut the existing Palma Ceia subdivision.
18:32:11 That subdivision was developed after this parking
18:32:15 That subdivision was developed knowing it was directly
18:32:19 adjacent to Commercial parking areas, and right in here
18:32:21 you have parking next to the Jessie property and
18:32:22 further to the north, you have parking directly
18:32:25 adjacent to the Martin property.
18:32:29 Further to the north, you have the American Cancer
18:32:32 Society lot that goes all the way through and here off
18:32:34 parking lot that extends all the way over to Sterling
18:32:37 and a parking lot for a hotel.
18:32:39 And just quickly because I know I need to have John
18:32:42 come up here an present his testimony, but I did want
18:32:46 to show you -- and it is in your package of materials.
18:32:49 This is the existing parking lot that is west of the
18:32:53 Palma Ceia court subdivision and this parking lot, and
18:32:54 this is looking South.
18:32:57 Right along in here is where you have the Jessie single
18:33:02 family home and the Sheridan single family home and
18:33:03 this is the same view looking north.
18:33:07 Again here is the wall that they have -- I believe they
18:33:08 constructed this wall.
18:33:11 Probably 10-foot high.
18:33:13 I am not sure how it got that high but that is the
18:33:15 Martin property right there.
18:33:17 I am sorry that is the Jessie property right there.
18:33:23 And here is just quickly examples of pictures of the
18:33:26 other parking lots directly abutting the Palma Ceia
18:33:30 Here you have parking.
18:33:34 Wright's employees that park adjacent to the Sheridan
18:33:38 >>THOMAS SCOTT: Let me just interrupt.
18:33:40 I know you requested -- you have two minutes left
18:33:44 Five minutes on rebuttal.
18:33:48 >> At this time Mr. Larocca to come up and present his
18:34:11 expert testimony.
18:34:15 >> Good evening members of Council, I am John Larocca,
18:34:16 Kennedy boulevard.
18:34:18 I am a practicing urban planner and consultant
18:34:23 specializing in land use entitlements and I have
18:34:25 submitted a resume for the record and I want to make
18:34:27 sure the Clerk has that resume.
18:34:30 I have been sworn in, again because of time and for
18:34:33 purposes of brevity, I have submitted a planning and
18:34:33 zoning report.
18:34:38 That report specifically I will refer -- have you refer
18:34:42 to pages 2 and 7 that I have addressed, among other
18:34:45 things, specific compliance and consistency with the
18:34:49 general provisions, section 269 for the code for
18:34:51 special uses and section 272.
18:34:54 That section deals with the specificity of conditions
18:34:58 tied to and in compliance with off-street parking lots
18:35:00 as special uses.
18:35:04 But I feel it is important that the issue this evening
18:35:07 ands a trended by Land Development and Planning
18:35:10 Commission where all indicators are that we comply with
18:35:13 the comp plan and with the Land Development code.
18:35:16 I want to take a few minutes and talk about my
18:35:18 observations and findings with the proposal with regard
18:35:21 to the specific location and surrounding area with the
18:35:24 specific area on the consistency of the comp plan and
18:35:25 those policies.
18:35:28 Quoting from the comprehensive plan as it relates to
18:35:30 neighborhoods, the plan states neighborhoods are the
18:35:32 places we call home, the place where is we live.
18:35:35 Residents of the City of Tampa depend on their
18:35:36 neighborhoods more than any other part of the city for
18:35:38 the quality of their lives.
18:35:41 Throughout the city, residents are very protective of
18:35:43 the quality of life in their neighborhood which account
18:35:46 both for the pride that is everywhere evident and the
18:35:48 occasional tensions when change occurs.
18:35:52 Change in population in growth and population is
18:35:55 The life of a still is cyclical.
18:35:59 This particular property as Gina mentioned in a
18:36:03 600-foot corridor and using a map -- the aerial photo
18:36:07 that Gina utilized and I have it on the Elmo, I
18:36:09 utilized from the north to the South.
18:36:13 Within this corridor are examples of land uses that
18:36:16 transition from historical strip development on Dale
18:36:19 On the west and single-family on the east.
18:36:22 When attempts are made to improve the development
18:36:25 environment in direct proximity of existing residential
18:36:28 as is the case here, it is the reason why the Tampa
18:36:31 Comprehensive Plan establishes policies to protect
18:36:33 viable neighborhoods while at the same time support the
18:36:37 need to maintain the vitality and economic stability of
18:36:37 Commercial development.
18:36:39 With these policies in place that are in the report and
18:36:42 the city's Land Development Code established to
18:36:45 implement these policy, any potential negative impacts
18:36:48 between the two uses can be mitigated.
18:36:50 My strengths approximately another 3 to 3 and a half
18:36:54 I would ask that I have that time.
18:36:57 If not, I will be glad to answer any questions that may
18:37:00 come up in rebuttal or at the pleasure of Council.
18:37:01 >>THOMAS SCOTT: I was going to give you another
18:37:05 Then you have five minutes on rebuttal.
18:37:07 I don't know miss Grimes if you want to use the
18:37:11 five-minute rebuttal or request additional time.
18:37:13 I will have to let Council take a vote on that if that
18:37:14 is your request.
18:37:17 >> We can wait until rebuttal for John to finish his
18:37:20 The only reason I say that is I am not certain the
18:37:23 number of people that are here in opposition, and as I
18:37:27 have mentioned in previous occasions that it comes down
18:37:29 to a due process issue whether or not the opposition
18:37:31 has more time than the applicant.
18:37:33 So we will wait and see how much time the opposition
18:37:38 has and just ask for equal time if that's acceptable.
18:37:40 >>THOMAS SCOTT: Well, that ain't going to work because
18:37:43 that is not our policy.
18:37:45 Mr. Attorney, you want to speak to that.
18:37:48 >> Generally Council, the purpose of rebuttal would be
18:37:54 to allow the petitioner to address the issues that have
18:37:56 been raised during the public comment.
18:37:59 It would be more appropriate for them if they need more
18:38:02 time to make that request if they need it for the case
18:38:02 in chief.
18:38:05 From the due process perspective, I not wish to put the
18:38:07 public in an opportunity for hearing evidence for the
18:38:09 first time after they have had an opportunity to speak.
18:38:12 I think it might be more appropriate if you wish to do
18:38:12 it now.
18:38:17 It would make more sense to ask for additional time.
18:38:19 >> You need one or minute, two more minutes.
18:38:20 >> Two minutes.
18:38:22 >> I would like to request two minutes.
18:38:26 I think I can give some of the terminology about
18:38:29 consistency and compatibility with the report.
18:38:32 Much of this is in the report I was going to present it
18:38:35 to help you understand why we feel strongly there is
18:38:36 compatibility and consistency.
18:38:39 I will try to sum it up.
18:38:43 With that said, I will do my best to take -- no more
18:38:45 than two minutes and when the buzzer goes off, we will
18:38:46 go from there.
18:38:48 The comprehensive plan and Land Development code
18:38:52 obviously establishes the policies, objectives and
18:38:55 concepts for consistency, compatibility and in this
18:38:58 case you have adopted in the Land Development code the
18:39:00 ability to expand parking to certain limitations into
18:39:01 the residential areas.
18:39:03 It is important to know that these policies and the
18:39:06 project that you have before you, the parking lot, is
18:39:09 designed and formed in relation with the street and
18:39:11 surrounding area, how the development is scaled and
18:39:13 transitioned away from Dale Mabry, how the site is
18:39:15 visually and physically designed.
18:39:19 How it is horizontally integrated with the mixture of
18:39:21 uses that serve the needs of the neighborhood both
18:39:23 commercially and residentially.
18:39:28 In an urban neighborhood as it is defined in your plan.
18:39:31 In character with the neighborhood based on the design
18:39:34 elements we have incorporated.
18:39:35 How it is buffered from the residential neighborhood
18:39:38 and how the proposal improves upon any existing
18:39:40 negative impacts of the neighborhood by controlling
18:39:44 vehicular access locations and providing alternatives
18:39:46 to ease the need for parking in the area.
18:39:49 Many of the items that -- that we talk about,
18:39:51 compliance, are described in the report.
18:39:53 I won't repeat them now.
18:39:56 I was going to put them in the context of the comp
18:39:58 plan, but I think it is important to know, and I would
18:40:01 like to summarize with a few paragraphs.
18:40:03 It won't -- that will allow me within my time that
18:40:05 historically areas of Commercial development with
18:40:09 applicable Commercial zoning occurred a long the city's
18:40:13 major corridors, collectors and arterial road network.
18:40:17 In many instances roads were widened resulting in the
18:40:19 elimination of parking for business and minimum
18:40:22 limiting where and how off-street parking could be
18:40:25 provided in addition Commercial zoning strips with
18:40:28 limited depth for development created the need for land
18:40:31 use controls and methods to accommodate special uses at
18:40:34 the juxtaposition of Commercial and residential zoning
18:40:39 The off-street parking lot is to alleviate off-street
18:40:44 parking needs for the use that existed at the same
18:40:45 location since the 1960s.
18:40:49 Compliance with the policies by your plan and the Land
18:40:51 Development code and commitment to operate the use
18:40:53 consistent with the sight plan conditions will ensure
18:40:57 that the public health, safety and general welfare of
18:40:58 the community is protected.
18:41:01 The off-street parking lot will not encourage a
18:41:03 precedence and encourage compatible uses because it is
18:41:06 unique in the sense that it is able to provide 60-foot
18:41:09 buffers along the east, 19-foot buffer along the South,
18:41:13 and it is a logical demarcation line at this particular
18:41:23 And with that said, adequate provisions incorporated in
18:41:28 this request to mitigate potential impact and that it
18:41:31 is consistent and compatible with your comp plan and
18:41:32 the Land Development code.
18:41:36 >>THOMAS SCOTT: Thank you very much.
18:41:37 We have questions.
18:41:40 Councilwoman Mulhern.
18:41:43 >>MARY MULHERN: Council, I would --
18:41:45 >> Council, I would just like to quickly mention that
18:41:49 section 27-269 from the general standards of special
18:41:52 use is submitted in your staff report.
18:41:55 They have provided it for your review and should be
18:41:57 considered as part of your determination.
18:41:58 >>MARY MULHERN: Thank you.
18:42:03 I -- I -- question came up when -- Miss Grimes when you
18:42:05 were showing us the photographs of the different
18:42:08 parking -- the different parking in the neighborhood,
18:42:12 yet -- but then Mr. Larocca showed us this, but what I
18:42:16 am trying to understand is it looks to me like the big
18:42:19 -- okay, the parking lot -- other than the parking lot
18:42:22 that is just north across Watrous --
18:42:24 >> Yes.
18:42:25 >>MARY MULHERN: -- the other one -- the only one that
18:42:28 is really west of where you are asking for the special
18:42:34 use is the one that is at Morrison, right?
18:42:36 >> Yes, it's -- it's east of.
18:42:37 East of the site.
18:42:38 >>MARY MULHERN: I mean east of -- right.
18:42:43 The only one that is east of -- of -- of your site is
18:42:48 that one that is just South of Morrison, right?
18:42:49 >> Exhibit 8e.
18:42:50 That is a picture of it.
18:42:52 It is at exhibit 8e.
18:42:55 But the point of the map wasn't just to show how Far
18:42:57 East that the parking lots go.
18:42:59 The point of the map was to show they are directly
18:43:02 abutting single-family homes.
18:43:02 >>MARY MULHERN: Right.
18:43:05 I understand but I wanted to understand if that was the
18:43:08 only one because that is a little different case
18:43:11 because that's adjacent to the Commercial properties on
18:43:15 Henderson which is -- that diagonal.
18:43:18 >> Actually that is on Morrison.
18:43:20 >>MARY MULHERN: Right but -- but it --
18:43:22 >> That parking lot and this hotel.
18:43:26 Directly behind the hotel.
18:43:29 >>MARY MULHERN: Oh, what hotel is that?
18:43:35 >> I want to say like an Econolodge or -- what is it?
18:43:36 Quality inn.
18:43:37 >>MARY MULHERN: Thank you.
18:43:39 That was my only question for you.
18:43:42 This question is -- I think if our Land Development
18:43:45 doesn't know the answer, then probably someone in the
18:43:49 audience when they speak can tell us, but the parking
18:43:53 lot that is across Watrous, I know it is the American
18:43:56 Cancer Society, but I don't think that has always been
18:44:01 the use there -- maybe it has.
18:44:03 Where is Charlie.
18:44:03 He will know.
18:44:06 But I am trying to understand -- I don't feel like
18:44:08 Linda's question got answered.
18:44:12 Do they come and get a special use?
18:44:17 Do they have a Special Use Permit or is it
18:44:18 grandfathered in.
18:44:20 >> When the uses --
18:44:22 >>THOMAS SCOTT: State your name for the record.
18:44:25 >>ABBYE FEELEY: Abbye Feeley, Land Development
18:44:28 When you have uses on a property such as a church.
18:44:29 Churches weren't always special uses.
18:44:33 Parking lots weren't always special uses.
18:44:35 If you were there prior to it being a special use you
18:44:39 are what we called considered to be conforming.
18:44:42 >>MARY MULHERN: It is conforming because it was there
18:44:45 >>ABBYE FEELEY: Prior to a parking lot being a special
18:44:46 use, yes.
18:44:47 >>MARY MULHERN: Okay.
18:44:49 How did we do this before?
18:44:52 How did we allow that to happen in the first place?
18:44:55 That is the question I think Linda was asking.
18:44:55 Does anybody know?
18:44:59 Maybe you know Mr. Larocca.
18:45:01 >> I am going to then a with a little tongue and cheek
18:45:05 and it is good to be -- I guess an old-timer but at one
18:45:09 time I was a Land Development Coordinator for the city
18:45:10 25 years ago.
18:45:12 >>MARY MULHERN: So you know.
18:45:14 >> Off-street surface and off-street parking lots
18:45:18 adjacent to residential -- to Commercial zones like
18:45:22 this in the cases of -- zoning of CG along major
18:45:24 arterials have always been a conflict in the city.
18:45:27 There are narrow strips of Commercial zoning.
18:45:29 At one point in time the zoning code allowed it by
18:45:31 right with basic conditions.
18:45:33 As long as you went in and out of the Commercial
18:45:35 property, the buffering may not have been --
18:45:37 >>MARY MULHERN: That is probably when this happened.
18:45:39 >> I don't know that one specifically, but many
18:45:41 examples if you research it.
18:45:42 >>MARY MULHERN: Okay.
18:45:45 >>THOMAS SCOTT: Councilwoman Saul-Sena.
18:45:46 >>LINDA SAUL-SENA: Thanks.
18:45:50 I have a question and I don't know if to Ms. Grimes or
18:45:52 Mr. Larocca, but if you look at the area of the
18:45:55 proposed parking lot, it appears there is no street
18:46:00 access directly -- that the accesses from the alley and
18:46:04 not from Watrous and there is some sort of box hedge
18:46:06 along Watrous.
18:46:08 And I wondered --
18:46:09 >> Are you referring to this?
18:46:11 >>LINDA SAUL-SENA: Yes, yes.
18:46:14 >> This actually -- this property is zoned -- not an
18:46:15 alley there.
18:46:20 It is actually owned by Wright's gourmet.
18:46:21 This property here.
18:46:25 The access points is off of the Wright's gourmet
18:46:29 This is the existing driveway access point and that
18:46:30 will be closed.
18:46:34 That is one of the reasons that Mr. Cohen found that it
18:46:36 improves traffic circulation because takes this
18:46:39 driveway off of Watrous and puts the access .to this
18:46:42 parking lot off the private -- privately owned
18:46:46 >> So the access would be off of the existing Wright's
18:46:48 parking lot.
18:46:50 One parking lot bleeds into the other and then it stops
18:46:55 it -- it is stopped on three sides?
18:46:55 >> Yes, ma'am.
18:46:57 >>LINDA SAUL-SENA: And what --
18:46:59 >> On three sides.
18:47:00 >>LINDA SAUL-SENA: Thank you.
18:47:02 And -- is that a fence in front?
18:47:03 What is --
18:47:07 >> This is a -- this is an evergreen hedge.
18:47:11 And these are flowering shrubs.
18:47:13 But we included on the site plan a note that said we
18:47:17 are willing to install a wall, a four-foot wall along
18:47:19 Watrous if you believe that is necessary.
18:47:21 We included it because you have to put it on the site
18:47:23 plan in order to have permission to do it.
18:47:26 So we said if that is the desire of Council, we will
18:47:28 put a wall in along here as well.
18:47:30 >>LINDA SAUL-SENA: Of the map that you showed us of a
18:47:33 number of places north and South where you have
18:47:36 Commercial and residential adjacent to each other, did
18:47:38 any of them have the -- thank you.
18:47:43 Did any of them have that buffer -- that level of
18:47:45 buffering, that depth of buffering?
18:47:46 >> Absolutely not.
18:47:50 And that one of the reasons I included all these photos
18:47:54 because when you go -- for instance -- further north,
18:47:54 for example.
18:47:57 This is part of the American Cancer Society.
18:47:59 You have a wall, but you have no buffering.
18:48:02 You have the cars parking directly next to the wall
18:48:05 that is -- adjoins the single family.
18:48:07 Here you have no buffering at all.
18:48:10 Further South -- this is next to -- is where the
18:48:14 Feldman dental clinic is.
18:48:17 Here you have a single-family home and Palma Ceia Court
18:48:20 back here and this is Neptune like right here.
18:48:23 You have all of these -- really no buffering other than
18:48:27 some trees that -- some of which are in the
18:48:30 single-family property and you have parking right next
18:48:33 to the single-family home.
18:48:36 Here is a that single-family home next door.
18:48:38 Further to the South is Eastern worse because a huge
18:48:42 expansive parking lot that abuts the sides of the home
18:48:42 on Sterling.
18:48:45 This is the bank parking lot on the east side of
18:48:49 Clearview, and we can see this huge expansive pavement,
18:48:52 and then again you have cars in is right there.
18:48:55 You have cars that are parking right up next to just a
18:49:00 wood fence with low buffering, no landscaping.
18:49:04 Parking up to a wood fence but abuts the single-family
18:49:07 And one of -- one of the points that we made is the
18:49:13 proposed parking lot is a dramatically -- is a dramatic
18:49:16 improvement over all of the existing parking lots up
18:49:18 and down Sterling when you consider the extent of
18:49:21 landscaping and the buffering we have included.
18:49:24 >>THOMAS SCOTT: Any other question by Council?
18:49:25 This is a public hearing.
18:49:28 Those who wish to address Council may come forward.
18:49:32 Those who are in support may line up to my left and
18:49:33 your right.
18:49:35 If you were coming to speak to Council, you may come
18:49:39 Those in support to my left, your right.
18:49:45 Those in opposition to my right and your left.
18:49:51 If you are in opposition to my left.
18:49:53 >>LINDA SAUL-SENA: Want them to alternate.
18:49:56 >>THOMAS SCOTT: Yes, to support to my right.
18:49:59 Did I say that -- I am sorry.
18:50:04 I will -- opposition to the right, support to the
18:50:08 That's what I said.
18:50:14 Opposition to the right.
18:50:16 Support to the left.
18:50:19 Got it?
18:50:21 And we will go back and forth.
18:50:42 We will start right here to my right.
18:50:44 >> Good evening, Councilmembers.
18:50:46 For the record I am here on behalf of some of the
18:50:48 neighbors, and I have a sign-in sheet I would like to
18:50:49 get that in.
18:51:04 Some of them are giving me their time.
18:51:08 >> Miss Murphy has a sign-up sheet with nine names.
18:51:10 Can you please raise your hands to let us know that you
18:51:12 are here.
18:51:14 You can only get the maximum of seven and ten minutes.
18:51:21 Do the first seven, Gannon White, Justin Crest -- are
18:51:24 you planning on speaking?
18:51:28 -- you are not planning on speaking.
18:51:32 >>THOMAS SCOTT: You can be seated, thank you.
18:51:33 >> Paul Jessie.
18:51:36 Did I that I is a correctly?
18:51:37 >> Deferring my time.
18:51:40 >> You are deferring your time in.
18:51:43 Melanie Valdosta.
18:51:44 Can I see your hand.
18:51:45 Thank you.
18:51:49 Nancy -- okay.
18:51:50 And Patricia Martin.
18:51:51 Thank you.
18:51:53 That is a total of seven minutes.
18:51:57 And the remaining names are not waiving their time.
18:51:59 >> Thank you.
18:52:02 Councilmembers, good evening, I have been sworn in.
18:52:08 And I am President of p and m consulting group, a
18:52:10 special consulting group.
18:52:13 I am here to speak on behalf of several of the
18:52:16 residents that live in the area between this property
18:52:18 and Sterling and some them wanted me to speak for them
18:52:22 and some of them wanted to speak to you directly and
18:52:23 you will hear from them following me.
18:52:26 I intend to speak relative to the standards for special
18:52:28 uses and for off-street parking that is down in your
18:52:31 code and your comprehensive plan.
18:52:35 So I am going to shape my comments relative to those
18:52:39 Basically 27.272 of the zoning code --
18:52:42 >>THOMAS SCOTT: Just --
18:52:44 >>JOHN DINGFELDER: For the record did you want to give
18:52:45 us any qualifications.
18:52:46 >> I have my resumes.
18:52:49 I am a professional land planner.
18:52:52 The zoning hearing master of Hillsborough County.
18:52:55 I worked as a zoning supervisors for the City of Tampa
18:53:00 in the '80s and my resume is attached.
18:53:03 Your code addresses off-street Commercial parking
18:53:07 Section c of that states quote in residential zoning
18:53:11 districts and RO districts, the size of the property
18:53:14 used for parking should be used in Commercial and
18:53:17 office uses and impact on intrusion in the residential
18:53:22 area; however, in no case shall the parking extend 100
18:53:25 We have a number issues regarding this requirement.
18:53:29 And I am going to show you right here is the property
18:53:32 appraisal for the property that is the Commercial
18:53:36 property that the Mount family owns, the area in green
18:53:39 You can see -- and I am showing you this for a number
18:53:40 of reasons.
18:53:42 First you can see that -- first of all, you can not
18:53:44 drive through this lot to access the parking lot from
18:53:44 Dale Mabry.
18:53:47 You do have a access it from Watrous.
18:53:50 There is no way to get through this Commercial property
18:53:51 to get out there.
18:53:53 So it is off Watrous.
18:53:56 Also, there is a great deal of -- of property that is
18:54:02 -- over an acre of CG property that wrights do own.
18:54:05 The Wright family owns.
18:54:10 Florida 1951 and antiquated and zoned CG and they have
18:54:13 the right -- we recognize they have the right to use
18:54:15 planning CG uses.
18:54:17 But what we don't have is what is the supporting?
18:54:21 Wrights had asked for this additional 40 places.
18:54:24 They have not put any plans or shown any plans what
18:54:27 this is supporting and what is in scale.
18:54:29 They talked about replace can some parking they have
18:54:32 for their existing use; however there are meeting with
18:54:34 the neighbors, they have told them and there seems to
18:54:36 be physical evidence of this on-site that they are
18:54:38 expanding their restaurant.
18:54:40 Well the expansion of the restaurant isn't going to be
18:54:42 a replacement of parking spaces.
18:54:45 It will be an addition to parking spaces.
18:54:48 Under the CG, certainly they have the right to wipe
18:54:50 that side out and I did a quick analysis if they wiped
18:54:53 it out and build a restaurant, they could build about
18:54:55 10,000 square feet.
18:54:58 I don't know if that is what they plan on doing, it is
18:54:59 what they can do.
18:55:01 That would require and balance on the site with the
18:55:05 parking on the rest of the site if they took the site
18:55:07 down and parking spaces they are requiring.
18:55:09 It will T would increase the traffic by four fold out
18:55:11 there continue to Watrous.
18:55:14 So we have not seen any proof that there is any
18:55:17 evidence that there is support that they need this in
18:55:22 relationship of something with no plans in play.
18:55:25 There is no reason -- they also mentioned to the
18:55:28 neighbor that they could build structured parks on
18:55:29 their Commercial property.
18:55:33 It is just not economically advantageous to them.
18:55:36 So it is not like it is a hardship and can't be done on
18:55:38 a Commercial property.
18:55:39 And I think they have to make a choice.
18:55:42 I mean which do you want on your property.
18:55:47 An open acre of CG.
18:55:50 Also, the criteria for special use in the Commercial
18:55:54 property both discuss compatibility with contiguous and
18:55:55 adjacent properties.
18:55:58 I also want to show you some properties -- some photos
18:55:59 of the area.
18:56:01 Very similar to some of the photos you have already
18:56:02 seen actually.
18:56:05 That is from in front of the property in question
18:56:07 tonight looking toward Dale Mabry.
18:56:10 You can kind of get a sense of how deep this property
18:56:13 is from there and the intervening property is all owned
18:56:19 by Wright's and zoned CG.
18:56:21 This is the demarcation line right now between the CG
18:56:23 and the residential.
18:56:29 This is the -- this being the zoning lot.
18:56:31 This being the existing CG property.
18:56:35 There is some discussion about parking along here.
18:56:37 What wasn't mentioned there is nothing to stop people
18:56:40 from continuing to park along there even if they get
18:56:41 this lot approved and they build it.
18:56:42 They don't own that property.
18:56:43 It is zoned CG.
18:56:46 There is nothing to stop that Commercial activity, and
18:56:49 the neighborhood recognizes that is zoned CG.
18:56:51 There are certain activities and uses that will occur
18:56:52 on this side of the line.
18:56:53 They can't stop that.
18:56:56 They understand that, but they don't want intruding
18:56:57 into their backyards.
18:57:01 These are some of the backyards.
18:57:04 And you will be hearing from these neighbors later on
18:57:06 this evening.
18:57:09 You can see how close it is.
18:57:11 We think they have done a nice job of putting in
18:57:15 landscaping and the hedges and the walls on that.
18:57:18 That is not the only issue of compatibility, however.
18:57:21 We are not here -- we are not saying at ground level
18:57:24 that not a nice-looking parking lot for a parking lot.
18:57:26 What we are saying there are other issues that go into
18:57:28 compatibility such as noise.
18:57:30 They have been told -- the neighbors have been told by
18:57:33 the Mounts that they may open this as early as 3 or 4
18:57:36 in the morning and close it at 10 and 11 at night.
18:57:39 This is in people's backyards.
18:57:42 There is noise from headlights, car noises, headlights,
18:57:45 people slamming doors, car radios, people talking to
18:57:46 each other and hanging out in this lot.
18:57:47 There is a gate.
18:57:50 But the gate is just a little arm that you have like in
18:57:52 parking garages.
18:57:55 That doesn't stop anybody from walking in, riding a
18:57:56 bike in, using the site.
18:57:57 It is not secure.
18:58:01 It is just closed to cars at those hours according to
18:58:05 what we have seen on the plans.
18:58:07 There is a security issue.
18:58:10 Somewhat ironically, some of the landscaping and
18:58:13 buffering creates a nice little spot that is Commercial
18:58:17 but tucked out of the way of anybody's visual way that
18:58:21 people can hang out in there, vagrants, kids, whatever.
18:58:27 And there is no way to stop that the way it is shown.
18:58:30 Criteria 5 in your special use criteria show it will
18:58:35 not create a precedent or encourage more intensive or
18:58:37 compatible uses in the surrounding area.
18:58:39 It is the response of the applicant to present evidence
18:58:40 to support this.
18:58:44 We haven't seen evidence that this will not set a
18:58:47 We looked at other zoning issues in other parking lots
18:58:50 and we would like to point out a few things about that.
18:58:53 We look at -- this is where one of the lots was.
18:58:54 Zoned RO.
18:58:55 Zoned office.
18:58:58 This is where some of the -- all the other uses that
18:59:01 Miss Grimes pointed out were primarily through here.
18:59:03 This strip of office and parking lot and the bank's
18:59:05 parking lot is also zoned office.
18:59:07 It is not zoned residential.
18:59:10 This piece, which is the lot that we are talking about,
18:59:12 American Cancer Society and I can answer some of those
18:59:13 questions that you asked.
18:59:15 That was built in 1961.
18:59:19 It was built for girls scouts of America.
18:59:22 Office and parking lot was built together.
18:59:24 I can find no evidence after doing a fair amount of
18:59:26 research that it was ever issued any kind of a Special
18:59:28 Use Permit or anything.
18:59:30 It seems to be a nonconforming use.
18:59:31 It is zoned residential.
18:59:32 It has office in it.
18:59:35 I don't see any variances or anything that would
18:59:37 suggest a nonconforming use.
18:59:44 Nonconforming uses under your regulations specifically
18:59:46 state that the intent of this chapter that
18:59:51 nonconforming uses are incompatible of permitted uses.
18:59:55 If more than six months, it has to go away, it can't be
18:59:57 reopened plus open from 9 to 5, Monday through Friday,
19:00:00 an office building.
19:00:01 Part of the American Cancer Society now, the homes
19:00:04 surrounding it were all built after it was built.
19:00:07 And those homes if you look at it and I have
19:00:09 photographs that I can show you if you like.
19:00:12 Every one of those homes have a free-standing garage up
19:00:14 against the wall of that parking lot and the
19:00:17 single-family home detatched on the other side of it
19:00:25 and provided significant buffering of their own against
19:00:28 We just think that -- in criteria of the special use
19:00:32 will ensure public health, safety and general welfare.
19:00:34 We believe that the Commercial lot in the back and
19:00:36 sides of residential lots, hours of Operations,
19:00:38 accessible all create potential security and safety
19:00:41 risks for the adjacent neighbors.
19:00:46 Criteria B1 and 2 address traffic flow.
19:00:48 Once again, it is hard to talk about exactly how much
19:00:52 traffic increases may or may not occur with this
19:00:53 because we don't know what they are doing.
19:00:55 We don't know why they need this.
19:01:00 We don't know what it is supporting.
19:01:02 So only been talking about the existing rights as it
19:01:05 exists today but Mr. Mount is telling all the neighbors
19:01:07 he is expanding the use.
19:01:09 I don't know how big it is going to be but certainly
19:01:13 generate the need for significant more parking spaces
19:01:16 for every thousand square feet he does that he improves
19:01:23 Approximately .25 spaces.
19:01:25 So the last thing I wanted to talk about before --
19:01:29 before I sit down is the comp plan.
19:01:31 There are several policies in the comp plan, and I am
19:01:36 sure we can all find policies for and against, but
19:01:38 several specific policies and I have given you a list.
19:01:41 A couple of which I want to point out to you about
19:01:46 compatibility, policy 18.4.1, areas adjacent to or
19:01:49 within neighborhoods that are for planned or
19:01:52 neighborhood uses are to be developed compatible and
19:01:53 effective neighborhood.
19:01:55 One again you will continue to hear this all night.
19:01:57 We don't think this is compatible.
19:02:01 Policy 18.65 requires Commercial uses appropriate
19:02:03 buffer from residential development.
19:02:05 Once again they have done a nice job buffering the
19:02:08 trees and landscaping, but they can't buffer the noise
19:02:11 and the safety issues away.
19:02:14 And last point I want to bring up objective 18.1,
19:02:18 preserve and enhance neighborhood distinction and
19:02:24 With that I will be happy to answer any questions.
19:02:37 Thank you for your time.
19:02:45 My mill this side over here.
19:02:46 We are rotating.
19:02:52 Sir, we are rotating one side from the other.
19:02:56 >> Good evening, Guy King, 4507 Bayshore Boulevard.
19:03:00 I am here as a private citizen and consumer of Wright's
19:03:07 My wife does not cook, and --[ Laughter ] --
19:03:09 >>JOHN DINGFELDER: What is your favorite cake?
19:03:13 >> Got to be the Hunenburg.
19:03:16 I -- I grew up on Sterling, and I have been going to
19:03:21 Wright's for 47 years.
19:03:23 And just a little bit of history that -- I remember
19:03:26 going there when his -- his grandmother was making the
19:03:32 sandwiches, and everything was done right then.
19:03:36 And I watched Jeffrey build this business, and, again,
19:03:37 by doing everything right.
19:03:42 As a small businessman, which is hard to do these days.
19:03:46 And watch it be built up, and then just recently on
19:03:49 Platt Street I was stopped by a couple frost a
19:03:53 rent-a-car and they said which way to Busch Gardens,
19:03:56 and I -- I said, well, you are a long way from Busch
19:03:58 Gardens, about ten miles.
19:04:01 They said how about Wright's.
19:04:03 So they had two -- two things they wanted to see in
19:04:07 Tampa, and that was Busch gardens and Wright's.
19:04:10 So it really has become -- people come to town and they
19:04:13 want to be part of Wright's.
19:04:15 That is because it is all done right.
19:04:19 You can see by Jeffrey's plan and by using all the
19:04:21 professionals, sticking to all the rules, and going by
19:04:25 all the timelines that he has done it right.
19:04:27 Small businesses sometimes gets disturbed with local
19:04:30 government because they want to cut corners and it is
19:04:33 so hard to get anything done to grow your business.
19:04:35 But here you have somebody who has done everything
19:04:41 right from the very beginning for three generations and
19:04:44 I like to respectfully ask that you support the
19:04:46 That includes my report.
19:04:50 >>THOMAS SCOTT: Next speaker.
19:04:56 >> Good evening.
19:05:01 My name is Bill Martin, and my wife Patricia and I live
19:05:04 at 3707 Palma Ceia court.
19:05:07 Our lot backs up to about the midpoint of the proposed
19:05:08 parking lot.
19:05:12 Our house was built in 1988, which has given us 22
19:05:16 years to enjoy the quiet and safety neighborhood.
19:05:21 This is a picture of my house.
19:05:26 From the front.
19:05:29 My wife and I are strongly opposed to converting the
19:05:32 residential lot to a parking lot.
19:05:35 The master bedroom in our house is on the ground floor
19:05:36 in the back of the house.
19:05:41 One master -- our master bedroom windows are located 24
19:05:46 feet from the property line of the proposed lot.
19:05:49 That is not very far for sound to have to travel.
19:05:52 We are very concerned that we will be subjected to
19:05:56 excessive noise from 3:00 to 4:00 in the morning and as
19:06:00 late as 10:00 to 11:00 at night from engines running,
19:06:04 doors slamming, radios blaring, people talking, lights
19:06:07 flashing during those proposed hours of operation of
19:06:08 the lot.
19:06:13 In addition, we are concerned that this lot could be an
19:06:16 attraction for burglars and vagrants since it would
19:06:20 give them easy access to our property.
19:06:23 One further point, this residential lot as it is now
19:06:26 serves as a buffer between my home and the Commercial
19:06:27 development to the west.
19:06:31 We hate to lose that buffer.
19:06:33 And in closing, I would ask you to think about how you
19:06:40 would vote if this were happening behind your home.
19:06:42 And I thank you for your time.
19:06:44 >>THOMAS SCOTT: Thank you, sir.
19:06:45 Next speaker.
19:06:49 To my left.
19:06:54 >> Hi, Rob lasmonik, Tampa.
19:06:58 I have been the business manager at Wright's gourmet
19:07:00 house for the past four years.
19:07:03 At the heart of everything we do there is one
19:07:06 expectation, great food, great service and a clean,
19:07:08 safe, exciting atmosphere.
19:07:12 Examples, if we make 800 sandwiches right and one
19:07:13 wrong, it is not okay.
19:07:15 Quality comes first.
19:07:19 Price always comes last and in everything we do in the
19:07:22 Whether you are third-generation customer, an employee,
19:07:27 a vendor or member of the community, you always receive
19:07:28 great service.
19:07:31 Our facility is spotless both inside and out, and we
19:07:34 are always seeking ways to improve our guests'
19:07:39 experience and our employees ability to do their jobs.
19:07:42 This same standard of excellence will apply to the same
19:07:43 proposed parking area as well.
19:07:48 A personal sense of pride I have at Wright's is as the
19:07:53 local economy has struggled, Wright's continued to hire
19:07:57 staff, provide wages and benefits well beyond the
19:08:02 industry average, employ other local businesses to aid
19:08:05 in our growth and not only maintained our level of
19:08:07 community giving but increased it by making hundreds of
19:08:11 donations to local schools, charities and civic
19:08:18 For almost 50 years, Wright's has been a Tampa landmark
19:08:19 and model civic citizen.
19:08:22 Please approve the request before the Council so we may
19:08:24 continue to serve generations to come.
19:08:26 Thank you for your time.
19:08:29 >>THOMAS SCOTT: Councilman Dingfelder.
19:08:30 >>JOHN DINGFELDER: Thank you.
19:08:32 You are sort of the operations manager, that type of
19:08:36 >> The books, the hiring, anything that doesn't involve
19:08:40 making a sandwich you can bet my hands are in it.
19:08:41 >>JOHN DINGFELDER: Okay.
19:08:44 What time in the morning do your folks start arriving?
19:08:46 >> The first one arrives at 4 A.M.
19:08:48 That is our Baker.
19:08:49 >>JOHN DINGFELDER: Okay.
19:08:53 And then they start staggering in, what, between 4 and
19:08:56 >> 6:00, yes, typically the time that the deli folks
19:08:58 are coming in.
19:09:00 >>JOHN DINGFELDER: And how about on the other end in
19:09:03 the evening, cleanup, that sort of thing.
19:09:06 >> Evening time we have about -- I would put it at
19:09:07 about four or five folks there.
19:09:11 Get out anywhere between 9:00 to 10:00 typically.
19:09:13 >>JOHN DINGFELDER: And where are they currently
19:09:16 That is where I got confused on this.
19:09:19 And as a matter of disclosure, I think it was about six
19:09:23 months ago Mr. Mount invited me to come over, walk
19:09:25 through the facility, walk on this property.
19:09:27 I did.
19:09:31 As a matter of disclosure, I talked to Miss Waller
19:09:34 about this before the application was even filed,
19:09:35 because she had some concerns.
19:09:37 I said is the applicant filed yet.
19:09:40 They all said no, I said fine, I will talk to you.
19:09:44 That -- that is a matter of disclosure, but anyway, go
19:09:48 Where are they currently parking.
19:09:51 >> Currently parking the first folks at 4 a.m. are
19:09:52 parking -- you saw a picture.
19:09:56 As you first entered the property where the -- where
19:09:59 someone showed a picture of the van -- that is where
19:10:02 the folks are parking in and we utilize the parking
19:10:06 that backs right up to Palma Ceia court, the Vega
19:10:12 If you follow on through.
19:10:14 >>LINDA SAUL-SENA: Thank you for showing that to us.
19:10:15 >>JOHN DINGFELDER: I am looking at --
19:10:18 >> That is the Vega property there where the majority
19:10:22 of our -- of our cars will park with the trees backing
19:10:27 up right to the court.
19:10:28 >>JOHN DINGFELDER: Okay.
19:10:31 Can you -- Gina, would you put up an -- a bigger
19:10:36 overhead of the entire Wright it shall or
19:10:38 Wright-controlled property.
19:10:39 >> Is this?
19:10:41 >>JOHN DINGFELDER: No, something in between that and
19:10:44 I guess --
19:10:46 >> An aerial?
19:10:49 >>JOHN DINGFELDER: Maybe miss Murphy has --
19:10:56 >>LINDA SAUL-SENA: An aerial would be good.
19:10:59 >>JOHN DINGFELDER: Okay.
19:11:01 All right.
19:11:05 Thank you.
19:11:08 So if you use a pen or something like that, can you
19:11:12 point to -- how many employees do you have?
19:11:14 >> We currently have 48 employees.
19:11:16 >>JOHN DINGFELDER: I assume everybody -- you have 48
19:11:18 cars probably?
19:11:21 >> Yes, we do.
19:11:23 >>JOHN DINGFELDER: Give me an idea, where are we
19:11:26 looking at 48 spaces.
19:11:29 >> Right now right here is where the first few folks
19:11:30 will park when they come in at 4 A.M.
19:11:33 And the balance of the parking, if you follow back --
19:11:35 right back here to this area right here.
19:11:42 That is Miami ma see I can't court and this line is the
19:11:46 Vega line where we will park along that wall and that
19:11:47 wall next to that.
19:11:49 >>JOHN DINGFELDER: That is an empty lot right there,
19:11:51 the Vega lot.
19:11:52 >> The Vega lot.
19:11:54 There are a couple of businesses that they have
19:11:57 anywhere from at least 10 to 12 cars out there at a
19:12:01 >> Right there.
19:12:03 >>JOHN DINGFELDER: Are you leasing that lot?
19:12:03 >> No.
19:12:05 We do not lease the lot from them.
19:12:08 It is more of a handshake agreement.
19:12:11 Jeff Mount can probably answer that a little bit better
19:12:12 than me.
19:12:15 >>JOHN DINGFELDER: All right, thank you, sir.
19:12:21 >> Thank you, Mr. Chairman.
19:12:24 >>THOMAS SCOTT: Next speaker.
19:12:28 >> Madeleine White, 909 South Sterling avenue, Tampa,
19:12:31 the corner of Sterling and Watrous.
19:12:34 The proposed parking lot will be up against my back
19:12:38 My husband and I purchased our home over 25 years ago,
19:12:41 and we spent a lot of time and effort and money over
19:12:45 those years working to maintain and improve the
19:12:50 I am now a widow, and will ultimately be dependent on
19:12:55 the value of this property for my care and well being.
19:12:58 In talking with numerous realtors, appraisers and
19:13:02 attorneys, they have all advised that this project will
19:13:06 have a definite negative effect on the value of my
19:13:10 Mr. Mount has actually stated that he passed up other
19:13:13 options to solve his parking problem because he didn't
19:13:18 feel that they were economically feasible for him.
19:13:22 Well, this is not economically feasible for me or for
19:13:26 the other adjacent property owners.
19:13:28 It is not our fault that he bought the property before
19:13:31 getting permission for his special use.
19:13:34 We should not pay the price.
19:13:37 While everyone seems to stress this is a Special Use
19:13:41 Permit and not a rezoning, the negative effect on the
19:13:44 adjacent property owners is the same no matter what you
19:13:46 call it.
19:13:51 The fact that his proposal might meet code doesn't make
19:13:52 it right for the neighborhood.
19:13:55 We feel that it is City Council's responsibility to
19:14:00 protect the neighborhood and the taxpayers' property
19:14:03 Surely the welfare of the neighborhood is more
19:14:06 important than the convenience of those who just want
19:14:10 to buy a sandwich.
19:14:12 To add insult to injury, Mr. Mount is using my
19:14:18 six-foot-high 140-long concrete block wall to qualify
19:14:23 as his buffer wall, therefore, cutting his construction
19:14:26 costs while he devalues my property.
19:14:29 It doesn't seem fair.
19:14:33 Actually Mr. Mount is not attempting to solve a parking
19:14:36 problem as his web site claims.
19:14:41 He wants to expand his restaurant, and if that should
19:14:44 happen, you have got the same parking situation all
19:14:46 over again.
19:14:49 In investigating the neighborhood situation, I found
19:14:53 that gross -- made recommendations for additional
19:14:57 employee parking without disrupting neighborhood.
19:14:59 Also the parking lot referred to at the corner of
19:15:02 Sterling and Morrison is completely empty and possibly
19:15:06 available for his employees.
19:15:10 Or perhaps Mr. Mount can consider a second location or
19:15:14 a separate location for his catering business.
19:15:21 Council might love to see a Wright's in the downtown
19:15:22 Tampa area.
19:15:25 In addition to the financial repercussions, I agree
19:15:29 with all the quality-of-life damage that would be
19:15:35 I am sure Mr. Mount and his wife were asked, they would
19:15:38 have to admit that they wouldn't want this parking lot
19:15:41 in their back yard, so please, put yourself in the
19:15:43 place of the residential property owners in our
19:15:46 neighborhood and deny this special use.
19:15:50 We should not pay the price for Mr. Mount's success.
19:15:52 He reaps the benefit.
19:15:54 Let him pay the price.
19:15:57 Thank you.
19:15:59 >>THOMAS SCOTT: Councilman Dingfelder.
19:16:02 >>JOHN DINGFELDER: Ma'am?
19:16:03 Quick question.
19:16:06 Your -- your property is immediately adjacent to this
19:16:10 You are to the west of this --
19:16:11 >> East.
19:16:13 >>JOHN DINGFELDER: Excuse me, you are to the east and
19:16:18 the property is to the west.
19:16:22 Ms. Grimes put up a drawing of the proposed project and
19:16:26 showed I think what she described as 60-foot buffer
19:16:32 area between -- between the -- know the car parking lot
19:16:37 itself before you get to your wall.
19:16:39 I think if your wall wasn't there, they would have to
19:16:43 put up their own wall, but it is sort of -- you know --
19:16:46 it will be kind of silly for us to tell them to put up
19:16:49 a new wall and abut it up against your wall.
19:16:50 I don't know, but --
19:16:52 >> To disappear.
19:16:54 >>JOHN DINGFELDER: But putting that issue aside, the
19:16:58 60-foot-wide buffer is there, what -- what is your
19:17:05 specific concern about 40 -- 40-car parking lot in that
19:17:12 >> Financial devaluation.
19:17:18 I talked to two attorneys, appraisers, realtor, couple
19:17:22 of realtors, they all say it will have a negative
19:17:24 effect on property values.
19:17:31 There is nothing you can do to stop the noise.
19:17:35 The -- we have created a back yard that is pretty nice,
19:17:40 but are you going to want to be out there with, you
19:17:49 know -- when he opens those gates, who will know
19:17:51 employee parking in there or customers.
19:17:55 I doubt they will be any real hard lines drawn about
19:17:56 who uses the lot.
19:18:00 And then not only do you have the 4:00 in the morning
19:18:03 and the other day people were still over there at 11:00
19:18:04 at night.
19:18:07 I know.
19:18:10 Not only do you have that, but you have the traffic
19:18:14 coming and going all day long.
19:18:17 >>JOHN DINGFELDER: On Watrous?
19:18:19 >> No, into the parking lot.
19:18:21 >>JOHN DINGFELDER: Into the parking lot.
19:18:26 >> Even if you has his employees, a catering business.
19:18:28 Those trucks come and go all day long.
19:18:31 If he puts those in there, you know.
19:18:35 >>JOHN DINGFELDER: Okay, thank you.
19:18:41 >>THOMAS SCOTT: Next speaker.
19:18:43 >> Good evening.
19:18:46 My name is Byron Patel.
19:18:52 Rosemont drive, Tampa, Florida, 33624.
19:18:56 In 1990, I arrived to this country without speaking any
19:18:58 English at all.
19:19:06 I applied many places and Wright was the only one that
19:19:10 invited me to work with them.
19:19:13 Ten years, -- almost 20 years I have been coming at
19:19:18 4:00 in the morning to open the business and everything
19:19:25 we do is quiet and try to start with our day.
19:19:29 Like one of our speakers say, we try to do the best we
19:19:38 can to serve our customers and to serve our community.
19:19:43 They hire many, many, many employees no matter what,
19:19:51 handicapped, ex-convicted, and we always try to keep
19:19:56 those people like at home.
19:20:03 I am proud to come over and cook at Wright's gourmet
19:20:07 house because in the 20 years I work in there I see the
19:20:11 increased number of parking space for our -- for our
19:20:14 business, because it is dangerous for many of our
19:20:20 customers to walk across on the other side to our
19:20:29 And humbly, I would appreciate if you give the okay --
19:20:34 the vote for our business to build parking space that
19:20:37 we are asking for.
19:20:43 And in is in order to serve our community.
19:20:43 Thank you.
19:20:45 >>THOMAS SCOTT: Thank you.
19:20:47 Next speaker.
19:20:51 Good evening.
19:20:56 My name is Jacob Ryberg and live at 3705 Palma Ceia
19:20:59 Court here in Tampa with my wife, Marsha.
19:21:01 We have owned our home at that location for almost 17
19:21:05 Our back yard is directly behind the proposed parking
19:21:10 I would like to show you these pictures.
19:21:19 This is -- this is the front of our home and this is
19:21:24 the back, and the yellow house in the back is on the
19:21:30 subject lot they want to tear down to put up the -- put
19:21:31 in the parking lot.
19:21:35 As you can see it serves as a nice buffer to the
19:21:38 Commercial area in the back.
19:21:41 My wife and I are opposed to no uncertain terms to this
19:21:45 proposed parking lot in our residential neighborhood.
19:21:48 We use our back yard patio for barbecues and family
19:21:53 The rear of our patio is 30 feet or a mere 10 yards
19:21:54 from the dividing wall.
19:21:58 We are concerned, like the rest of our neighbors, this
19:22:02 parking lot will adversely impact our property values,
19:22:05 create security problems, create noise problems, remove
19:22:08 the existing buffer between our home and the existing
19:22:12 Commercial properties on Dale Mabry and generally be
19:22:15 incompatible to our neighborhood as well as our own
19:22:16 health, safety and welfare.
19:22:21 We will have to deal with the constant beeps of people
19:22:23 unlocking car doors, the sounds of slamming doors, the
19:22:27 conversations of strangers from 4 a.m. in the morning
19:22:28 until 11:00 at night.
19:22:32 When we bought our home, there was no Commercial
19:22:35 activity in the back of our home, and we had every
19:22:37 expectation that it would remain residential at the
19:22:39 time we bought.
19:22:43 Also I would like to mention the well-known ongoing
19:22:45 flood problem that exists along Watrous Avenue and
19:22:49 Sterling near the site.
19:22:53 Residents along the trees have had cars driven up on
19:22:55 their lawns in an effort to get around the flooding
19:22:57 after a heavy rain.
19:22:59 The flooding is so bad that the street has been blocked
19:23:00 off at times.
19:23:03 The proposed parking lot includes a retention pond.
19:23:07 It is my understanding that the proposed retention pond
19:23:10 for a parking lot will eventually pop off and drain
19:23:13 into the same system that is now overflowing across
19:23:16 Watrous and Sterling.
19:23:22 We don't need more flooding in this area.
19:23:25 A dry retention pond, but with the well-known Florida
19:23:28 rains, I have concern that it will only neuron a home
19:23:30 for mosquitoes.
19:23:34 My final words, please do not allow one business to
19:23:37 profit at the expense of the entire neighborhood.
19:23:40 Would you want a parking lot with 40 cars and a
19:23:42 retention pond in your back yard?
19:23:47 Would you want your home devalued?
19:23:49 Common sense would show your home is devalued showing
19:23:52 it prospective buyers.
19:23:55 We don't need this or any other intrusion of Commercial
19:23:56 use into our residential neighborhood.
19:23:58 Please deny this request.
19:24:03 Thank you..
19:24:04 >> Thank you, next speaker.
19:24:06 >> My name is Beth Bennett.
19:24:13 I live at 3 inner harbor circle, Tampa, Florida.
19:24:16 It has nothing to do with zoning but all has to do with
19:24:20 I am here to represent the many customers and employees
19:24:24 of mine that I insure that enjoy Wright's.
19:24:25 We know that the wonderful service that they have.
19:24:28 I also want to speak about employees 3:00 and had
19:24:29 o'clock in the morning.
19:24:30 Not like a bar.
19:24:33 They are getting out of their cars and going in and
19:24:34 baking cakes.
19:24:35 These guys are great.
19:24:37 I can't sit back and think that you would think at 3 or
19:24:41 4:00 in the morning they would be like a drill Smith at
19:24:43 3 or 4:00 in the morning.
19:24:47 If I can walk across the street, the park at grill
19:24:51 Smith that they are allowed to park as the Hancock, and
19:24:55 I can walk across the street and go to Wright's that
19:24:57 has been here in Tampa for many, many years.
19:25:01 They need the right have a parking lot like the public
19:25:03 firms like the one across the street.
19:25:05 I am here to request on behalf of the many people that
19:25:10 I know that go to Wright's and the people who use their
19:25:11 catering facilities.
19:25:14 The people are good, the employees are good, and we
19:25:17 would like to see that institution stay and be able to
19:25:21 Thank you.
19:25:33 >> My name is Laura Waller, and I live at 3703 Palma
19:25:34 Ceia Court in Tampa.
19:25:36 I have lived there about 22 years.
19:25:43 This is the front of my house.
19:25:46 >> Push it up forward.
19:25:52 >> And this the view from the back looking at a house
19:25:54 where the parking lot is proposed.
19:25:56 That is the house.
19:25:59 I am concerned about the proposed parking lot for
19:26:01 reasons as stated about I my neighbors, but also for
19:26:02 more reasons.
19:26:07 I am concerned about the precedent of granting a
19:26:11 variance will set.
19:26:14 The restaurant -- the zoning has been residential as
19:26:15 long as I can recall.
19:26:18 It this gets approved, others would like the same
19:26:22 ability to convert residential lots to convert to
19:26:24 Commercial use in their neighborhoods and perhaps your
19:26:27 I am concerned because we don't know what this parking
19:26:30 lot will support and there is no site plan filed that
19:26:32 shows why this is needed and what the parking lot --
19:26:35 what the parking is being provided for.
19:26:37 When we asked why the existing restaurant-owned
19:26:40 property could not be used for parking expansion, we
19:26:43 were told it was much more expensive for the restaurant
19:26:44 to do that.
19:26:47 I ask you is that -- is that justification for changing
19:26:51 a residential area to Commercial.
19:26:54 I am concerned because this ordinary residence, we do
19:26:56 not have a web site to use as the restaurant is using
19:27:00 theirs to explain to their customers the need to send
19:27:04 E-Mails in support of this new parking lot to our
19:27:07 officials by just clicking a button with no notion
19:27:09 their customers of the possible harm to existing
19:27:16 The opposition to this request or increased traffic on
19:27:17 our local trees.
19:27:22 Wright's has flooded the City Council with E-Mails not
19:27:23 affected by the parking lot.
19:27:26 people speaking on the other side of our group are not
19:27:29 affected by this parking lot.
19:27:30 We are affected.
19:27:34 Our E-Mails and they are very real.
19:27:35 Here is the web site.
19:27:38 They even drafted the E-Mail for people to sign -- to
19:27:39 send in to you.
19:27:41 And they put a sign up on Dale Mabry directing
19:27:44 passerbys to the web site.
19:27:47 I am concerned because a business wishing to save money
19:27:50 and increase their footprint can believe they can just
19:27:53 buy a residential house and then ask for a variance.
19:27:57 Please help send a message that we support business,
19:27:59 but not at the expense for our residential
19:28:06 Restaurants as supporters of our community should
19:28:07 respect residential boundaries.
19:28:14 Thank you very much.
19:28:15 >>THOMAS SCOTT: Next speaker.
19:28:16 >> Thank you, good evening.
19:28:21 Greg Franklin, heritage point drive, Tampa, 33647.
19:28:23 I want to give you a little bit of background and tell
19:28:28 you about how I am relevant to the situation in hand
19:28:29 with the parking variance.
19:28:33 1975 a 17-year-old senior at plant high school.
19:28:37 Got a job at Wright's gourmet house when it was 8
19:28:39 tables where the offices are now.
19:28:42 I was cleaning the toilets and doing all that stuff.
19:28:45 Came back through high school -- excuse me through
19:28:47 college, summer breaks, Christmas breaks, moved on into
19:28:50 the office in 1990 when I got out of mercy and kind of
19:28:53 not a good economy back then.
19:28:55 Similar to what is going on right now.
19:28:57 Jeffrey made me the offer to be the business manager
19:28:58 much like rob is today.
19:29:01 Anyway, while I was there and I noticed and talked to
19:29:04 Jeffrey one of the thing that he offers his employees
19:29:05 are tuition reimbursement.
19:29:08 Designed for cooks to take cooking classes to enhance
19:29:11 their skills and enhance the quality and betterment of
19:29:16 I said, hey, I am a business manager does this apply
19:29:19 for roles in business classes with Master's Degree.
19:29:21 Without hesitation he said absolutely.
19:29:24 Went to USF while working there full time and got my
19:29:25 Master's Degree.
19:29:27 I said Jeffrey, in the middle of all of that, very nice
19:29:29 to do a very nice gesture and benefit.
19:29:31 Do you want me to sign something that says I will stay
19:29:34 with you for x amount of years because you were
19:29:36 generous enough to.
19:29:38 His response without hesitation is absolutely not.
19:29:40 We are here about building people.
19:29:43 If you get that degree and you decide you want to go
19:29:44 into different things, that's okay too.
19:29:45 A true story.
19:29:47 I stayed around for about a year after I got my
19:29:51 Master's Degree while he knew I was actively searching
19:29:53 for a job because I thought I would go for big
19:29:57 Finally that role came, but before that role, I was
19:30:00 asked at that point with my Master's Degree -- and I
19:30:04 will explain -- that might sound cocky but really not
19:30:07 to go take deliveries and put chips in the baskets and
19:30:08 make sandwiches.
19:30:10 I thought it isn't the right thing for me.
19:30:12 I have a Master's Degree and there is Jeffrey in the
19:30:16 parking lot picking up trash and doing whatever it took
19:30:17 to take business.
19:30:19 Life lesson learned for me.
19:30:26 Fast forward I left Wright's gourmet and I went to a
19:30:31 company, rated top 10 committed to development and
19:30:32 commitment to quality.
19:30:35 Those were life lessons I learned by putting chips in a
19:30:40 bag with a Master's Degree at Wright's gourmet house.
19:30:43 The point of telling that you not just a place to make
19:30:44 great sandwiches.
19:30:46 People don't go there just to make great food but to be
19:30:49 great employees and citizens of this community which I
19:30:51 have lived all my life.
19:30:54 Another example of Wright's real quick.
19:30:56 Thanksgiving time we made a mistake, miscounted had
19:30:59 five or six dinners that weren't accounted for.
19:31:02 Jeffrey pulled a few stops and stayed overnight even
19:31:04 when the relatives were in town.
19:31:05 Cook all the meals.
19:31:07 Not only refunded the people, gave them gift
19:31:10 Drove it to their houses in time for the meals.
19:31:12 Called those individuals and offered to write letters
19:31:15 of apology to every one their family members that were
19:31:16 visited for that.
19:31:18 That is the kind of commitment that this place offers
19:31:19 to people.
19:31:23 They don't jump into things like this lightly.
19:31:26 They think things through and to further the business
19:31:27 as well as the community.
19:31:29 They are not in this community and part of this
19:31:32 community, 50 years -- I have been a part and related
19:31:34 for about 25 of those.
19:31:36 I encourage to consider that.
19:31:38 They won't do these things lightly.
19:31:39 Thank you.
19:31:40 >>THOMAS SCOTT: Thank you.
19:31:50 Next speaker.
19:31:56 >> My name is Alexa jessie and reside at Palma Ceia
19:32:01 My husband and I have resided there for 12 years.
19:32:08 This is a picture of our home.
19:32:16 Our house is directly adjacent to the west side parking
19:32:20 that everybody has been discussing.
19:32:24 And I have pictures of those parking lots that we look
19:32:32 at through our windows.
19:32:46 This is the view from my daughter's window.
19:32:48 This is the view -- this is the view from my bathroom
19:33:06 And this -- this is a view of my bedroom.
19:33:09 As you can see, knocking down this house would have a
19:33:12 direct impact on my home, and I am not really sure what
19:33:18 the relevance is on, you know, how great a business
19:33:20 Wright's is.
19:33:23 I know it is a very great business, and I know that Mr.
19:33:26 And Mrs. Mount are great business people, but they have
19:33:29 alternatives to knocking this house down.
19:33:33 Specifically, the parking lot to the west which they
19:33:38 are currently using for their employees which I hear at
19:33:42 4 and 5 in the morning and yes they are quiet as they
19:33:45 can be, as quiet as somebody driving a car, closing the
19:33:49 door can be, as quiet as dumpsters being taken away can
19:33:54 be, but these parking lots sit empty.
19:33:58 This photo I took right before we game here.
19:34:00 It was 4:00 in the afternoon.
19:34:03 There was one car parked in that parking lot.
19:34:10 Mr. Mount came to my home and asked me to consider
19:34:13 allowing him to change the use of this parking lot.
19:34:15 And I said to him, why would you need it.
19:34:17 You have so much available parking.
19:34:22 He said that he didn't want to get into a long-term
19:34:25 lease with these properties that are adjacent to his
19:34:27 already Commercial property.
19:34:33 In addition, his restaurant -- between his restaurant
19:34:35 and the proposed parking lot is a building that I
19:34:38 imagine he is using for administrative purposes that he
19:34:43 could certainly do parking there.
19:34:45 There is so much available parking.
19:34:49 Why he has to tear this house down and devalue our
19:34:52 property is crazy to me.
19:34:57 So I would ask the Council to please not allow this
19:35:00 And ask Mr. Mount to use the available Commercial
19:35:06 parking that he has instead of devaluing our property
19:35:09 and I am sorry if it would inconvenience people to get
19:35:12 a sandwich or a cake, but I believe that our property
19:35:15 is worth more than a sandwich or a cake.
19:35:31 Thank you.
19:35:33 >> My name is Steven French.
19:35:37 I live at 234 Hewitt road, Clearwater, Florida.
19:35:39 I have been working for Jeff for 12 years.
19:35:43 I am the night manager, and for as long as I have been
19:35:46 there, quiet when my people leave at night.
19:35:48 I haven't had any complaints from any of the neighbors,
19:35:51 hey, they are too loud, they are too noisy.
19:35:52 I never had that happen.
19:35:54 As far as the car doors and lights, again, I never had
19:35:57 any complaints from any of the people who live around
19:36:00 the neighborhood.
19:36:03 I see because we now park our cars adjacent at
19:36:08 nighttime -- the cars, park it right from the new
19:36:13 parking lot -- at this time it is still no parking --
19:36:19 not that far from the park -- so we are not noisy
19:36:22 When my people are done working.
19:36:24 They are tired and they want to go home, and that's
19:36:25 what they do.
19:36:29 Thank you.
19:36:34 >>THOMAS SCOTT: Next speaker.
19:36:40 >> Good evening, my name is Charlie ketchey.
19:36:44 My house is on the corner of Franklin road and Watrous.
19:36:46 My house does not abut this property.
19:36:50 It is approximately a block and a half to the immediate
19:36:53 east of the subject property.
19:36:56 I think for all the reasons that have been stated to
19:36:59 you this evening, it is becoming very clear that
19:37:04 certainly Mr. Mount and his operation is a credible and
19:37:07 admirable business operation.
19:37:11 But likewise, it is becoming very apparent as well from
19:37:16 the testimony that you have heard tonight that this is
19:37:19 an incompatible use with this neighborhood.
19:37:23 And, therefore, would stand in violation of the
19:37:25 comprehensive plan.
19:37:28 What I want to bring to your attention, and the reason
19:37:31 I am here tonight is to talk to you about traffic.
19:37:34 And I want to tell you a little bit about the road
19:37:43 Watrous is basically a two or three-block road at this
19:37:46 particular point and it abuts and joins Dale Mabry and
19:37:49 definitely involves some traffic right by Wright's
19:37:53 gourmet house on Dale Mabry.
19:37:56 But you just go a few feet to the east, and Watrous is
19:37:59 nothing but a local road.
19:38:04 With very little traffic.
19:38:07 But what is of a big district attorney me is the entire
19:38:15 neighborhood surrounding this particular piece of
19:38:18 If one was to think about it from a commonssense
19:38:20 standpoint, retail operation with people coming in and
19:38:21 out all day.
19:38:31 These will be 40 extra parking lot.
19:38:34 What from a realistic standpoint will deal with the
19:38:35 traffic flow in this neighborhood.
19:38:38 This neighborhood is occupied by senior citizen, it is
19:38:41 occupied by the young and middle age, many children,
19:38:42 animals in this neighborhood.
19:38:48 What is going to happen if you allow this additional 40
19:38:50 lots into this neighborhood.
19:38:52 How much traffic is that going to generate?
19:38:55 And what sort of safety hazard is that going to
19:39:02 I would submit to you it is going to be a very
19:39:05 significant safety hazard for the young children and
19:39:08 elderly in our neighborhood and absolutely and as a
19:39:14 result it is not compatible in use is not compatible
19:39:15 with the neighborhood.
19:39:20 And now just as a summary point, I want to emphasize to
19:39:25 you that the applicant in this situation has really not
19:39:26 met its burden.
19:39:31 That the proposed use meets the criteria contained in
19:39:37 section 27-269 and 27-272 of the zoning code.
19:39:41 And in addition, the applicant has failed to show and
19:39:46 carry its burden that this use is compatible with the
19:39:49 neighborhood, and, therefore, is in line with the
19:39:52 comprehensive plan.
19:39:54 Indeed the evidence is all to the contrary.
19:40:00 And to the specifics, you have heard from the exert Sue
19:40:01 Murphy on this.
19:40:04 And you have heard the testimony of the effective
19:40:04 property owners.
19:40:08 This is going to be an intrusion into a stable
19:40:09 residential neighborhood.
19:40:14 It is going to have an effect on noise, lighting, and
19:40:19 it is going to start operation at 4 a.m. and end at 10
19:40:21 Thank you for your time.
19:40:25 And I respectfully request that you deny this
19:40:33 >> Hi, Marcel Smalley.
19:40:36 3704 Cacon Street in Tampa.
19:40:38 I don't work for Jeff and I have no pictures to show
19:40:40 I promise.
19:40:42 He has been there 47 years.
19:40:44 This is not a new business that is going to all of a
19:40:45 sudden start building.
19:40:47 Everything that they are talking about, I had something
19:40:51 completely different to -- but after listening to
19:40:53 everyone, the same cars will be parking in the same
19:40:54 general area.
19:40:57 Everyone keeps saying all the noise and security.
19:40:58 It's the same that they have right now.
19:41:00 They are just going to park a little bit differently
19:41:01 within that they do.
19:41:04 The house that is currently there wasn't kept up very
19:41:07 nice, and I think with what Jeff is going to do is
19:41:10 going to enhance the area, and if you look at what they
19:41:12 have done across the street at the American Cancer.
19:41:14 Those people aren't here complaining that there is a
19:41:15 parking lot right there.
19:41:18 And if anything, he is going to enhance the area and
19:41:20 help the neighborhood and when it comes to traffic, the
19:41:23 same amount of cars that are going down that street
19:41:25 today will be the same that go down tomorrow and that's
19:41:26 all I have to say.
19:41:27 Thank you.
19:41:34 >>THOMAS SCOTT: Thank you.
19:41:38 >> My name is Patricia Torrez, and I live at 3618 west
19:41:39 Lykes Avenue.
19:41:44 Up until two weeks ago I lived at 942 South Sterling on
19:41:48 the corner of Sterling and Neptune for 61 years.
19:41:54 I have patronized Wright's as long as Mr. King has.
19:41:55 In fact I know Mr. King.
19:41:59 I went to kindergarten with him, but I disagree.
19:42:04 I think -- and I have to say I love Wright's and I have
19:42:07 a great deal of respect for Jeffrey, but this has
19:42:11 nothing to do with the service that Wright's provides
19:42:14 to its employee and its customers and it has nothing to
19:42:16 do with the quality of food.
19:42:22 Nothing can match that; however, everything in this
19:42:25 room has the right to eight solid hours of sleep every
19:42:30 And you say, what effect can a few cars have on it.
19:42:35 When I lived at 942 South Sterling, I had one neighbor
19:42:39 next to me right along the bedroom side and every time
19:42:42 -- I get up at 4:30 in the morning so I go to bed every
19:42:46 early and he would drag his garbage cans down the
19:42:48 driveway, I woke up.
19:42:51 When the garage door opened, he woke up.
19:42:53 When the car doors slammed, I woke up.
19:42:56 So you do hear it.
19:43:00 Multiply that by more than 20 people, and you are not
19:43:02 going to get any sleep, and these people aren't going
19:43:05 to -- they are going to have to live for that for the
19:43:08 rest of their lives or the rest of the time they live
19:43:09 in their houses and that's not right.
19:43:13 I would ask everybody in this room to dig deeply into
19:43:16 their hearts and say would you want a parking lot in
19:43:18 your back yard, and I don't think one person in this
19:43:21 room wants a parking lot in their back yard.
19:43:24 And keep in mind that this is one of the highest tax
19:43:25 districts in the city.
19:43:27 And this is going to have an effect.
19:43:31 And I am sure City Council is not going to lower their
19:43:34 taxes just because there is a parking lot behind them.
19:43:38 So that's my whole thing, the amount of sleep that
19:43:38 people get.
19:43:40 Because it is very, very important to your health and
19:43:44 well being, and I do resent the customers who do not
19:43:47 live in the neighborhood coming here and speaking about
19:43:49 it because they go in once a week, once every two
19:43:51 weeks, once a month and get a sandwich and they leave
19:43:53 in the middle of the day.
19:43:55 They don't have to sleep next door to it.
19:43:56 So that's all I have to say.
19:43:57 Thank you.
19:44:01 And I am also representing Gulfview Civic Association
19:44:06 as community liaison, and the board has adamantly
19:44:09 opposed Wright's proposal.
19:44:09 Thank you.
19:44:10 >>THOMAS SCOTT: Thank you.
19:44:12 Next speaker.
19:44:14 >> My name is Tammy Lambert.
19:44:18 I reside 6701 Seafarer Drive in Tampa.
19:44:22 I have been with Wright's for 17 years.
19:44:25 I will be the person leaving at 10:00 at night.
19:44:30 And we do respect the neighbors and the neighborhood as
19:44:32 far as making sure we are quiet and we keep the music
19:44:36 off, and there is no hanging around in the parking lot
19:44:38 or just hanging around after work.
19:44:38 We are tired.
19:44:39 We are ready to go.
19:44:42 When we come in, we are coming in -- we are coming into
19:44:45 work and going straight to work.
19:44:50 So to -- to not believe that we respect the neighbors
19:44:53 is -- is not true.
19:44:57 So I ask you to, please, vote for this permit.
19:45:05 Thank you.
19:45:12 >> My name is Ed Waller and I live at 3703 Palma Ceia
19:45:15 I did not sign up and did not intend to speak and have
19:45:19 not been sworn, but if I could be, I would like to be
19:45:20 sworn now.
19:45:23 >>THOMAS SCOTT: Anybody else who needs to be sworn and
19:45:27 will be speaking.
19:45:30 [oath administered by Clerk]
19:45:31 >> I do.
19:45:36 Again, Ed Waller and I live at 3703 Palma Ceia Court.
19:45:38 Our house is behind where the parking lot will be.
19:45:41 One quick point that really haven't been stressed I
19:45:42 think so far.
19:45:47 I just drew a little diagram -- and I apologize.
19:45:51 It is very immature -- amateur, both immature too.
19:46:01 See if this -- let me show what I am getting at.
19:46:04 The precedent value of what will be done here.
19:46:13 precedent is Neptune, this is Sterling, better do it
19:46:13 this way.
19:46:16 So it is north.
19:46:17 So this is north at the top.
19:46:18 This is Sterling.
19:46:24 The street South of us the cross street is Neptune, and
19:46:26 you have got a street -- these are all Commercial along
19:46:28 Dale Mabry down here.
19:46:31 As is the strip where Wright's is.
19:46:35 There is a street in between Sterling and Dale Mabry
19:46:38 down in this area called clearview which is this
19:46:41 If one of these Commercial areas -- Commercial
19:46:45 properties leer, if they decide they want to buy up one
19:46:49 of these lots across clearview and tear the house down
19:46:54 and put in a parking lot, these people who now face
19:46:56 sterling will then have a parking lot in their back
19:47:00 That is the same situation we have.
19:47:06 Wrights is purporting to -- it is moving across what is
19:47:10 now a functional alley, moving across that alley,
19:47:14 buying a house, tearing a house down to put in a
19:47:17 parking lot, in an area that has always been
19:47:20 residential and that abuts other residential.
19:47:23 It would be the same thing -- and you have the same
19:47:27 problem -- with people on Sterling if you allowed this,
19:47:32 because the precedent would be that one of these
19:47:34 businesses down here could do the same thing.
19:47:36 They could buy one of these houses along here or
19:47:38 apartment buildings, whatever they are, tear it down,
19:47:44 put in a parking lot, and coincidentally, Mr. Mount
19:47:47 lives on Sterling down here but he lives across on the
19:47:49 other side of Sterling, so it would never be his
19:47:52 problem, but it could be the problem of people across
19:47:55 from him on Sterling that could have a parking lot in
19:47:58 their back yard of the same as the proposal is being
19:47:59 made here.
19:48:03 So, again, there are is an additional point as -- as an
19:48:06 adjacent property owner, the property value I think
19:48:08 would be devalued.
19:48:11 I request that you reject the application.
19:48:18 Thank you.
19:48:19 >> Good evening, Council.
19:48:20 I have been sworn.
19:48:23 My name is Wes Maddox.
19:48:28 I live with my wife at Lykes avenue in Gulfview.
19:48:31 The board of Gulfview Civic Association does not speak
19:48:32 for me.
19:48:36 I also have several properties that abut a Commercial
19:48:38 district along Henderson.
19:48:42 And I am not inconvenienced by those Commercial areas,
19:48:43 and they have parking behind us.
19:48:45 I am not -- I am not up at night.
19:48:46 I don't hear things behind us.
19:48:49 I don't hear things in the morning.
19:48:50 It is not an issue for me.
19:48:55 But I do eat at Wright's as you can see.
19:48:59 You don't need to be so agreeable.
19:49:02 And oftentimes I will go downtown and pick up my wife
19:49:04 and we will go to eat over there and so little parking
19:49:07 and we have so little time to get in and out that given
19:49:12 the face of the property which exists presently, any
19:49:15 improvement will be welcomed.
19:49:18 Because if you look at that house, about all you can do
19:49:21 with it is put lipstick on it and that is not
19:49:24 So I want to come up here as a private citizen and
19:49:28 speak in favor of the extension of the parking by the
19:49:33 Mounts for Wright's and I thank you for your time.
19:49:39 >>THOMAS SCOTT: Next speaker.
19:49:42 >> Good evening, Councilmembers, Richard Davis, 320
19:49:45 east Madison street, suite 512.
19:49:48 And I just really want to emphasize one point and one
19:49:49 point alone.
19:49:54 When Mr. Ketchey planned Waller came to me and wanted a
19:49:56 sense of what is a special use.
19:49:59 What does that mean under the zoning code.
19:50:01 And the term "special" is important.
19:50:07 It is referring to a use that can occur in another area
19:50:09 if conditions are met.
19:50:12 And my -- my point to you this evening, commissioners
19:50:15 -- Councilmembers that you have seen graphics that show
19:50:19 wonderful buffering, trees and horizontal open space,
19:50:22 but one of the factors that is very, very important
19:50:25 when look at whether or not "special" is broad enough
19:50:28 to encompass everything that you have heard is the fact
19:50:32 that the hours of operation as referred to by the
19:50:35 testimony this evening may well start as early as 4:00
19:50:39 in the morning and last as late as 11:00 at night.
19:50:42 And my one factor I would put out to you to consider is
19:50:47 when you bring a special use into a residential area,
19:50:51 there is a balancing of factors.
19:50:52 The use comes in.
19:50:54 It is not a residential use certainly, but then there
19:50:59 is a balancing that must be sensitive the remaining
19:51:00 existing residential uses.
19:51:03 And I would submit to you that what we have heard about
19:51:06 the hours of operation is hard to merge with the
19:51:09 concept of traditional residential uses that are around
19:51:10 this property.
19:51:14 Certainly the graphics show you a very significant
19:51:19 effort to deal with visual issues as miss Murphy has
19:51:26 But again I would leave with you a very simple concept.
19:51:28 "special" dictates balances of factors and hours of
19:51:31 operation that we have heard of I think strain the
19:51:34 ability to say that balance is an even one.
19:51:35 Thank you.
19:51:36 >>THOMAS SCOTT: Thank you, sir.
19:51:44 Next speaker.
19:51:47 >> Good evening, Council, Lyle merger.
19:51:49 Briley Road, Tampa, 33625.
19:51:53 And I've had the pleasure of knowing Mr. Mount and his
19:51:55 wife professionally and personally.
19:51:58 I am a retired businessman.
19:52:01 And Mr. Wright and I have done some business before.
19:52:03 Maybe we will do some more again.
19:52:07 And one of the things I would like to share with you is
19:52:13 that I admire the way that he handles his business.
19:52:18 And I think the way his business -- I think his
19:52:21 business acumen should be commended.
19:52:25 It is a fact, and there have been many presentations
19:52:27 here about the longevity of his employees.
19:52:31 I would love for you to challenge some of the
19:52:34 employment records of some of the restaurants here in
19:52:39 the Tampa Bay Area and find out what their -- their
19:52:41 longest employment period is.
19:52:45 Most of the restaurants have just turnover after
19:52:47 turnover after turnover and the reason they don't here
19:52:49 is because he treats them like family.
19:52:51 He provides a living wage.
19:52:54 He treats them with dignity and respect.
19:52:58 And you heard from some of the other presenters.
19:53:03 He has provided a role model for young men and young
19:53:04 women who haven't had that.
19:53:06 One of the things I would like to bring up is the
19:53:07 difference between families.
19:53:09 We are talking about the families -- the residential
19:53:17 families and here behind me on this side we have the
19:53:18 port families.
19:53:20 I don't know about you but in the past before I
19:53:23 retired, he spent more time at the office and working
19:53:27 than I did at home.
19:53:29 I see some of you agreeing.
19:53:32 Well, that is the nature of success generally, you
19:53:36 Most of virus to put in a lot more hours.
19:53:42 We have to do things that other people don't.
19:53:45 And I submit to you as a retired consultant that Mr.
19:53:48 Wright runs his business and does it successfully
19:53:52 because he does things that other businesses do not.
19:53:53 He takes care of his employees.
19:53:56 You know him -- I think most of you have seen him here
19:53:57 many times.
19:53:59 That is the reason -- and one of the reasons is because
19:54:03 as his business has grown, he needs space.
19:54:05 Unfortunately, he is at the place -- he is in a
19:54:12 district where the best decisions have not been made in
19:54:15 the past as far as zoning because there is too many
19:54:16 conflicts going on.
19:54:20 What do you do when you live two blocks off of a major
19:54:23 north-South highway in a business district there, and
19:54:24 you are a resident.
19:54:30 I certainly understand and have empathy for them.
19:54:32 On the left side.
19:54:36 you is that the dark side?
19:54:37 I don't know.
19:54:40 By the dark side I mean the dark side in the movies,
19:54:44 pardon me.
19:54:54 The -- I lost my train of thought.
19:55:02 >> Here is my point.
19:55:07 My wife and I used to live next to a golf course in
19:55:11 I knew going in there would be golf balls bouncing off
19:55:15 my pool, pool wall.
19:55:17 I can't remember what you would call them, but what I
19:55:20 didn't know was that --
19:55:27 >>THOMAS SCOTT: Thank you, sir, your time is up, thank
19:55:29 Next speaker.
19:55:30 To my right.
19:55:32 All right, come on gentlemen.
19:55:34 Come on, sir.
19:55:40 >> Carlos Thomas, 10524 Canary Alice Drive, 33647.
19:55:46 speaking of, today is my 14th anniversary of being at
19:55:48 Wright's Gourmet House.
19:55:53 I have never seen a more passionate person in quality
19:56:00 as Jeffrey Mount, him and his wife.
19:56:05 Today he came up to me and said, happy anniversary.
19:56:08 It is like we are married for 14 years, and we embraced
19:56:10 each other.
19:56:16 That embrace meant more to me than, you know, your
19:56:23 average paycheck because it is not about -- excuse me.
19:56:27 It is not about being a business owner.
19:56:29 It is about caring about your employees.
19:56:31 Caring about their well being.
19:56:34 Caring about the safety.
19:56:39 And just -- just the quality of life and the -- the
19:56:43 respect that we treat each other at Wright's gourmet
19:56:50 We can't even turn -- turn our stereo system on in the
19:56:51 store at a certain time.
19:56:54 We get there at 4:00 in the morning.
19:56:58 Trust me, we are not blaring our radio in our car.
19:57:00 We are barely getting to work so we can --
19:57:00 [ Laughter ]
19:57:02 -- to get some coffee.
19:57:03 That's what we are thinking.
19:57:07 Get some coffee, get some coke and we go to work.
19:57:12 So residents have a concern of noise.
19:57:16 I can't say I guarantee, but as in the past, they
19:57:19 haven't had this problem before.
19:57:21 It wouldn't be this problem now.
19:57:25 And you can definitely bet it wouldn't be the problem
19:57:26 of the future.
19:57:30 So I just encourage Councilmen and Councilwomen to vote
19:57:31 for this amendment.
19:57:33 Thank you.
19:57:36 >>THOMAS SCOTT: Thank you, next speaker.
19:57:37 >> Good evening.
19:57:39 My name is Kevin marshal.
19:57:43 5107 Hillner Avenue in Tampa and also a small business
19:57:44 owner in South Tampa.
19:57:47 I certainly understand the conundrum of trying to grow
19:57:50 a business, while doing it in an economically feasible
19:57:52 way, especially in the environment that we are living
19:57:55 in and also making those around you happy.
19:57:57 Some people have said they don't think it is relevant
19:57:59 how Jeff runs a business.
19:58:00 Just a little bit of background.
19:58:03 I have known Jeff for 15 years, and I have been a
19:58:05 customer of his over that time.
19:58:09 I think it is relevant, because how somebody treats
19:58:11 their employees, how somebody treats their customers
19:58:14 and how somebody treats their products and their
19:58:17 process speaks to how they are as a person Tampa it
19:58:19 doesn't surprise me to hear the night person say there
19:58:21 haven't been any issues or complaints from people
19:58:23 leaving late at night.
19:58:26 If there had been, I can honestly tell you Jeff who
19:58:30 spends an inordinate amount of time at work -- many of
19:58:32 have you been to Wright's.
19:58:33 You probably have seen him there.
19:58:36 He spends an inordinate amount of time.
19:58:38 Not an absentee owner.
19:58:40 If there was a complaint or issue, Jeff would have
19:58:41 rectified it immediately.
19:58:44 I am one of those people that went on the web site, and
19:58:47 I am one of those people that E-Mailed it to a bunch of
19:58:49 friends because I feel passionate about it.
19:58:50 You know it is interesting.
19:58:53 I got two comments back about it, and I also put it on
19:58:56 Two comments, it has the greatest food and then some
19:58:59 kind of note about what their favorite cake was.
19:59:01 And the second thing was, somebody needs to fix the
19:59:03 parking over there.
19:59:07 Those who have stated they don't understand where the
19:59:10 parking problem is, anybody who has been there between
19:59:13 11 and 2 in the afternoon know there is a dangerous
19:59:15 parking problem.
19:59:17 I have seen people run across the street in front of
19:59:21 cars driving fast down the street.
19:59:24 Not at lights but through the street.
19:59:27 I have watched cars park all a he long that parking lot
19:59:29 across the street that have backed into.
19:59:31 I have witnessed that myself.
19:59:34 Very clear to anybody who has been there.
19:59:36 I have been there in the morning to pick up orders and
19:59:37 it is a very quiet place.
19:59:39 There is not 40 cars in the morning.
19:59:42 I have been there at night to see Jeff at 5 or 6:00 at
19:59:44 There is almost nobody on that entire piece of
19:59:47 So I am going to keep it short because all this talk of
19:59:50 food has made me hungry, but I appreciate you consider
19:59:51 their request.
19:59:52 Thank you.
19:59:52 >>THOMAS SCOTT: Thank you.
19:59:57 Next speaker.
20:00:01 >> Greg Mirwinski, Bayshore.
20:00:05 I don't represent Wright's and I don't have any
20:00:08 relationship with the Mounts other than I am a friend
20:00:09 of Jeff's.
20:00:11 I am here as a concerned citizen in Tampa, and I want
20:00:13 to point out a couple things.
20:00:16 Their staff -- your staff has said all the criteria is
20:00:17 met and it is consistent and compatible.
20:00:19 Second I think you are bound by evidence and not
20:00:22 I think the petitioner has given you the only appraisal
20:00:25 that showed there is no negative impact on the value of
20:00:26 the properties.
20:00:28 Nobody has testified that there is going to be a
20:00:30 traffic negative impact here.
20:00:32 Nobody has testified that there is going to be a
20:00:34 stormwater thing.
20:00:36 And nobody has testified that there are going to be
20:00:37 more cars.
20:00:39 It is just where we are going to park them.
20:00:42 Where the Mounts are going to put them.
20:00:45 I would suggest to you if there is any safety issue, it
20:00:47 is the safety improvement for what Mr. Marshal just
20:00:51 I have been there at lunchtime and I personally had to
20:00:56 cross -- cross that street, and people of Tampa aren't
20:00:59 really good drivers and aren't that respectful of
20:00:59 pedestrians sometimes.
20:01:02 The final thing I would like to say in terms of Mr. --
20:01:04 well, I won't mention who said what.
20:01:05 You know who said what.
20:01:09 In terms of a precedent, you can point to this as a
20:01:12 precedent in the future in a positive way for the City
20:01:13 of Tampa.
20:01:15 This is setting a new standard in buffering, a new
20:01:24 standard in landscaping.
20:01:28 Nobody who has gone to the extent Mr. Wright has.
20:01:30 People in the future who want to knock down their house
20:01:31 and have a permissible use.
20:01:34 They can say we would like to see it buffered like
20:01:37 Wright's gourmet did it.
20:01:39 A positive stance for the City of Tampa noon and
20:01:41 negativity here at all and I would urge that you vote
20:01:42 for the petitioner.
20:01:44 Thank you.
20:01:45 >>THOMAS SCOTT: Thank you.
20:01:48 Next speaker.
20:01:49 >> Good evening.
20:01:55 My name is Dennis Rausch, Fairfield Street in Oldsmar,
20:02:01 I am the property manager for the Commercial property
20:02:08 directly north of Mr. Mount's property across Watrous
20:02:12 where Smith and Hancock Plaza is.
20:02:14 And I just want to let you know that I am here tonight
20:02:18 support Mr. Mount's proposed parking lot.
20:02:22 I am actually representing the owners of that property.
20:02:28 And we are in, you know total agreement with him
20:02:30 putting the parking lot in over there.
20:02:34 One thing that I had not heard anybody speak to, and
20:02:37 maybe I have missed it, is that it was -- it is my
20:02:44 understanding that this parking lot is proposed for
20:02:46 customer parking.
20:02:51 And I hear a lot of people talking about what time the
20:02:59 employees come in and go home as early as 4 and as late
20:03:00 as 10 or 11.
20:03:03 But it is my under standing that this parking lot is
20:03:04 for customer parking.
20:03:07 And if I am wrong, I would like to be directed.
20:03:13 And I think that Mr. Mount's business owners are not
20:03:16 4:00 in the morning until 11:00 at night.
20:03:20 So just want to say that as the representative of the
20:03:24 Company that owns the property due north, we are in
20:03:30 agreement or would like to see Council approve this new
20:03:31 parking lot.
20:03:31 Thank you.
20:03:39 >>GWEN MILLER: Next speaker.
20:03:44 >> My name is Garrett Gallager, Orange Grove Drive.
20:03:47 And I have worked at Wright's for little over 12 years
20:03:50 and my primary role is as a delivery driver.
20:03:52 So I do a lot of driving.
20:03:56 And I think I am in favor of the proposed parking to
20:03:59 the east so it will alleviate some of the problems that
20:04:02 we have between 10:30 and 3:30.
20:04:06 And I think as I come back and forth -- start out at
20:04:07 the restaurant.
20:04:10 I will go deliver and come back and reload and go back
20:04:10 out again.
20:04:14 I see the congestion there between those hours.
20:04:17 And I certainly have empathy for the homeowners who --
20:04:19 who are thinking about the property values, but I also
20:04:24 think about the -- the way that Jeffrey is putting in
20:04:25 the landscape buffering.
20:04:27 I think that will really help.
20:04:32 And I would just ask you to vote to -- for us to be
20:04:33 able to do this.
20:04:34 Thank you very much.
20:04:45 >>THOMAS SCOTT: Next speaker.
20:04:48 >> Hello, John reeves.
20:04:53 Reside at 4825 San Miguel street in Tampa, 33629.
20:04:59 I also own the Commercial property 75 feet South of
20:05:05 Jeff's property on Dale Mabry at 1222 and 1224 South
20:05:07 Dale Mabry.
20:05:10 I would like to refer to this aerial that I have here.
20:05:14 This was made.
20:05:17 And -- move it around a little bit.
20:05:20 Can you see Watrous Avenue there?
20:05:23 And north side property in question is the parking lot
20:05:26 for the other Commercial.
20:05:32 So there has already been precedent set there is
20:05:37 As you can see leading from -- over to Dale Mabry, cars
20:05:41 are parking on the street there on -- on buffered area
20:05:46 that was created when they remodeled the -- the
20:05:51 property where Smith and other properties are.
20:05:55 And -- got to get this a little further up there.
20:06:07 To show the -- okay, I -- I own the property right here
20:06:09 where this black roof is.
20:06:12 Behind there, there are eight parking spaces.
20:06:18 There's a easement that goes to the rear of Mr. Vega's
20:06:19 property which is right here.
20:06:23 And that is where Jeff's employees park and come in at
20:06:25 4:00 in the morning or so.
20:06:26 They are very quiet.
20:06:28 I own this property here.
20:06:31 They don't leave a lot of trash or anything.
20:06:35 And you also see from this aerial that there are a lot
20:06:39 of grandfather oaks already surrounding the subject
20:06:43 To me, I have been in real estate for 31 years.
20:06:47 I was at Hillsborough County court-appointed real
20:06:49 estate expert and would be an enhancement to the
20:06:54 neighborhood and help increase the values of it right
20:06:59 in this particular area.
20:07:02 And if, you know, property values have gone down
20:07:05 probably 33% in the last five years already in would
20:07:10 help increase the property values with a properly
20:07:12 buffered, properly landscaped nice parking lot where
20:07:19 the customers don't have to park double up here.
20:07:23 And it becomes a real logjam at South Dale Mabry and
20:07:25 Watrous and very dangerous because they are doubling up
20:07:26 parking there as customers.
20:07:29 They are allowed to park receipt here, it will
20:07:31 certainly help the entire neighborhood I think.
20:07:35 And people usually go down to Sterling if they do --
20:07:38 and turn left or right a major cut through to Morrison
20:07:42 or down to Neptune or down the -- down further.
20:07:45 And hardly anybody goes on Watrous across the street.
20:07:51 So I would say that it is good for the community and I
20:07:53 would like to voice my support.
20:07:56 Thank you very much.
20:07:58 >>THOMAS SCOTT: Thanks very much.
20:08:06 Five minutes for rebuttal.
20:08:07 Five minutes.
20:08:08 You don't have to use all five.
20:08:11 >> Mr. Chairman, the opposition had over -- they had
20:08:14 exactly 37 minutes of testimony.
20:08:16 We have had 17 so far.
20:08:18 I can't -- there is no way I am going to be able to
20:08:22 rebut 37 minutes of testimony in five minutes, and I
20:08:25 certainly don't need an equal amount of time, but I
20:08:27 know I will need more than five minutes and Mr. Mount
20:08:31 wanted to make some brief remarks first.
20:08:36 >>THOMAS SCOTT: Well, -- excuse me, there were a
20:08:39 number of folks that spoke in support or in opposition
20:08:40 as well.
20:08:43 Were those included in your numbers?
20:08:48 >> No, there were approximately it shall let's see.
20:08:53 -- I don't need to rebut the proponents a testimony but
20:08:54 the opposition testimony.
20:08:56 I am not going -- I don't anticipate we would need more
20:08:58 than five additional minutes.
20:09:01 >>THOMAS SCOTT: Miss Grimes, I raise that because you
20:09:06 said the -- the amount of time that has been spent.
20:09:10 So I was trying to bring out to you that as much time
20:09:12 for those in support if not more.
20:09:14 So I was -- my point was, I didn't think your request
20:09:18 was a valid argument if you are going to base it on the
20:09:21 fact that the opposition had x number of minutes versus
20:09:23 those who spoke in support.
20:09:26 Now I am only one member of Council.
20:09:30 They can certainly overrule me, okay.
20:09:31 -- on that.
20:09:36 Council, what is your pleasure.
20:09:38 >>JOHN DINGFELDER: I am not going -- I am nothing
20:09:40 going to overrule you, Mr. Chairman, but I will make a
20:09:44 motion to give her five extra minutes because at this
20:09:47 point, it is going to be a long night anyway, and --
20:09:49 >> I am not going to take --
20:09:51 >>JOHN DINGFELDER: I know you are not going to take
20:09:54 >>THOMAS SCOTT: Motion and a second and all in favor.
20:09:57 Five additional minutes making it a total of ten
20:10:00 All those in favor say aye.
20:10:06 >> Jeff mount, 1024 South Sterling avenue.
20:10:10 And I own Wright's gourmet house.
20:10:13 It has been around since 1963 and started by my
20:10:17 When my grandparents opened they had the idea of
20:10:20 selling caviar and truffles.
20:10:23 Didn't sell a lot of that and sold sandwiches and
20:10:25 entrees over the years.
20:10:26 I grew up in the business.
20:10:27 I started there when I was 12.
20:10:30 When I was a kid -- if you didn't pick that up, that is
20:10:34 what the corner looked like -- when I was a kid, I was
20:10:36 riding up and down the hallways of the original
20:10:38 Wright's in this building.
20:10:43 Mr. Mixon had who had this property -- oftentimes I can
20:10:48 remember his trucks parked out there as a kid and the
20:10:52 Palmyra courthouse when I was a kid,a house with a
20:10:53 couple of horses.
20:10:57 >> I got my bicycle there at western auto.
20:11:00 >> I had about five of them over the years.
20:11:06 My grandmother or -- you know I -- I grew up in the
20:11:11 business and I envision when I was 21, I would see a
20:11:15 wright's on every street corner.
20:11:19 '81 and 29 years later and one on one street corner and
20:11:20 that is whole lot.
20:11:23 That is plenty for me.
20:11:25 I don't think I have done a good job of setting what my
20:11:27 challenge is here and I will take responsibility for
20:11:32 that, but this shows after it was done.
20:11:39 My staff has been -- for 20 years in terms of parking
20:11:44 and many, many years A&M and Kash and Karry and Hancock
20:11:51 Fabrics and wonderful neighbors and allowed us to do
20:11:53 If you can go back to the previous picture, you can see
20:11:56 the parking all a long here that we were able to use
20:12:01 And that was, of course, in conformance of what the
20:12:03 city wanted.
20:12:05 We needed to find another place to park.
20:12:07 Ultimately where we found another place to park was
20:12:12 down here in the Vega property which is right here.
20:12:13 >> We can't see that.
20:12:14 >> Is that better.
20:12:15 >> Yes, thank you.
20:12:17 >> The Vega property.
20:12:20 We bought some -- with the American Cancer Society.
20:12:22 We don't own those pieces of property.
20:12:27 All of them were more than delighted to loan them to us
20:12:28 on a daily basis.
20:12:31 They said you are welcome to stay here.
20:12:33 But nobody has offered anything long-term in that
20:12:35 And so if you take a look here.
20:12:40 My parking along Watrous Avenue -- I have been working
20:12:44 with kit Alexander and everybody since then if you all
20:12:45 remember kit.
20:12:47 These parking spaces are nonconforming.
20:12:49 The city building fund has questioned about these.
20:12:51 When you talk about parking spaces and talk with
20:12:54 wright's gourmet.
20:12:57 I have to solve employees where to park and
20:12:59 nonconforming issue.
20:13:01 27 spaces on Watrous.
20:13:04 I have got 50 spaces -- 15 spaces excuse me on the
20:13:08 other side outside of Dale Mabry that are us.
20:13:09 I live here.
20:13:12 I live at wright's.
20:13:16 I live in wright's sometimes more than the neighbors
20:13:17 I care what we have here.
20:13:18 This is important for me.
20:13:20 I want to create something that is nice.
20:13:22 And I worked all along there to create something that
20:13:23 is nice.
20:13:26 I think that I have done that.
20:13:29 I thank you for letting me share, and I ask you to
20:13:30 support me.
20:13:32 Thank you.
20:13:35 >>THOMAS SCOTT: Mr. Mount, before you take a see the,
20:13:37 I -- I don't know you.
20:13:39 The first time I have seen you.
20:13:41 I have been in wright's many a time.
20:13:43 I have gone through there and purchased and that sort
20:13:48 of thing for the record if I need to do that.
20:13:51 You have been there since -- since 1963.
20:13:51 >> Yes, sir.
20:13:53 >>THOMAS SCOTT: Over the last ten years, how many
20:13:57 complaints have you had from the residents?
20:13:59 >> I can't recall any.
20:14:01 >>THOMAS SCOTT: Over the last ten years not one
20:14:03 complaint from the residents?
20:14:03 >> No, sir.
20:14:07 >>THOMAS SCOTT: Over the last year, have there been
20:14:09 any complaints about noise relative to parking at 4:30
20:14:10 in the morning?
20:14:12 >> No, sir.
20:14:14 >>THOMAS SCOTT: Has anybody ever knocked on your door
20:14:16 -- you say you lived in the area.
20:14:19 Has anybody knocked on your door and said that they
20:14:23 have concerns with parking the area or the noise.
20:14:26 >> No, sir.
20:14:38 >>THOMAS SCOTT: Okay.
20:14:40 >> Gina Grimes with hill, Ward and Henderson
20:14:42 representing the applicant.
20:14:44 Want to address things generally rather than go through
20:14:45 the individual comments.
20:14:48 The first issue I need to address is the noise.
20:14:52 And that is because the point needs to be made that
20:14:57 Palma Ceia Court subdivision was built back in 1986 and
20:14:59 it was built a block away from one of the busiest trees
20:15:02 in Tampa.
20:15:03 That is Dale Mabry Highway.
20:15:06 I live two blocks from Dale Mabry Highway and I can
20:15:08 hear the traffic all day and all night long where I
20:15:12 I can't imagine how loud that noise is as close as that
20:15:15 subdivision is to Dale Mabry.
20:15:19 So there is no reasonable expectation of a quiet serene
20:15:21 surrounding a location when they built that subdivision
20:15:23 that close to Dale Mabry Highway.
20:15:26 But nonetheless, they -- they allege that there are
20:15:29 concerns about the employee parking and the time of day
20:15:33 that the employees be parking as everybody -- as
20:15:35 several people have said.
20:15:38 That -- that any alleged noise that may emanate from
20:15:40 employees is already occurring now.
20:15:44 Those employees park directly abutting the wall that
20:15:47 separates the properties on the west from the Palma
20:15:48 Ceia Court subdivision.
20:15:53 What Mr. Mount is willing to do, he is actually willing
20:15:56 to make a proposal that improves the situation and
20:15:59 moves the employees further away from the residents.
20:16:03 What he is willing to do is assign these spaces if you
20:16:06 will closest to Watrous, furtherest away from the
20:16:09 property, practically 155 feet away because that is the
20:16:14 depth of this lot to assign these as employee spaces.
20:16:16 We have discussed this extensively because he believes
20:16:20 these are the best spaces for his customers closest to
20:16:23 the establishment, closest to the front door, but if it
20:16:24 is out of the respect for the neighbors, he is willing
20:16:27 to designate those spaces furthest away from the
20:16:30 residents as the employee parking spaces.
20:16:33 I would also like to submit into the record a noise
20:16:38 The noise study shows that there are positive effects
20:16:42 from landscape buffers.especially the type of landscape
20:16:45 buffer we propose and the noise study show there is
20:16:52 both physical and psychological effect and also like to
20:16:55 submit the argument that the vegetation and distance
20:16:58 from -- from Dale Mabry Highway, this vegetation will
20:17:01 also serve, we believe, to decrease the noise that they
20:17:05 are currently -- that they currently hear from Dale
20:17:06 Mabry Highway, the traffic noise.
20:17:10 I would like to put this into the record.
20:17:14 The other issue I wanted to address was the precedent.
20:17:18 What -- what -- what we need to keep in mind that your
20:17:22 code already states, it predetermines that it is
20:17:25 appropriate to have a Commercial parking lot in
20:17:27 residentially zoned property.
20:17:31 In residentially zoned areas, I am sorry.
20:17:33 Residentially zoned like this one is r-75.
20:17:37 This is an appropriate location provided you meet the
20:17:38 special use criteria.
20:17:41 We have submitted extensive testimony and documentation
20:17:44 to show in addition to your staff report that all of
20:17:45 the criteria has been met.
20:17:49 The general standards and the specific standards.
20:17:52 And while miss Murphy got up and addressed a couple of
20:17:54 the specific standards most of the statements she made
20:17:57 and all of the statements she made of the comprehensive
20:18:02 plan were unsubstantiated and conclusary and she
20:18:04 expressed several concerns -- and a lot of residents
20:18:07 expressed concern and fear and speculation about what
20:18:09 might happen if this parking lot is approved and we
20:18:11 would submit to you and we have case law in the
20:18:18 materials that says that unsubstantiated opinions are
20:18:21 not competent and sub substantial evidence unless she
20:18:24 would go through each one of the comp plan criteria and
20:18:28 say how the parking lot is inconsistent with that.
20:18:33 This is a list of criteria that the parking lot is not
20:18:37 consistent to constitute substantial evidence.
20:18:39 Back to the code criteria.
20:18:40 The code if anything that sets the precedent.
20:18:43 We have a code provision that says it is appropriate to
20:18:46 have a Commercial parking lot in residentially zoned
20:18:48 property if you meet this code criteria.
20:18:51 We met the code cry Teresa.
20:18:53 Just like every other application where you consider a
20:18:56 site plan, it is also based on the site plan, and this
20:18:59 is a very -- if there ever was a precedent would you
20:19:02 want to commit with the Commercial parking lot, this
20:19:03 would be it.
20:19:06 I can assure you,you have never seen buffering to this
20:19:09 extent on any other Commercial parking lot that has
20:19:10 come before you.
20:19:12 Lastly, I would like to just mention something that
20:19:13 happened 25 years ago.
20:19:18 And that was huge public outcry right within this same
20:19:19 exact area.
20:19:22 And you know what that huge public outcry was from?
20:19:27 It was from the Sterling Palma Ceia Court subdivision.
20:19:31 When that subdivision was first proposed in 1986, there
20:19:34 was a huge outcry that that subdivision was going to
20:19:36 destroy the quality of life in the neighborhood.
20:19:38 In fact Mr. Ketchey who testified against the
20:19:41 subdivision being developed said it would increase
20:19:45 density, traffic and drainage problems, and, again, it
20:19:47 would destroy the quality of life in the neighborhood,
20:19:49 but the owners of that subdivision filed a lawsuit
20:19:51 against the city, threatened all the Councilmembers
20:19:55 with individual liability, and ultimately the
20:19:58 subdivision plat was approved and the reason it was
20:20:01 approved was because it met the criteria of the code.
20:20:04 And the reason I tell you that, is because I believe
20:20:08 that the case is true of this application too.
20:20:11 That the fears and the speculation about the Palma Ceia
20:20:14 Court subdivision ruining the quality of life in the
20:20:16 neighborhood never materialized, and the reason it
20:20:19 didn't is because it met the criteria of the code, just
20:20:20 like this application.
20:20:23 I think you can take comfort or take assurance in the
20:20:26 fact that if you have a code provision, and an
20:20:28 applicant meets the code provision, it is not going to
20:20:30 destroy the quality of life in the neighborhood, and
20:20:33 that is what this whole evaluation process is supposed
20:20:34 to be about.
20:20:35 You meet the code criteria.
20:20:38 The use is appropriate.
20:20:40 It will not destroy the quality of life in the
20:20:44 So with that, I would just like to close by saying that
20:20:47 we -- we have submitted to you expert testimony from a
20:20:50 planner, from a Transportation planner, from an
20:20:56 appraiser, and all of this addresses noise, light,
20:20:58 property values, traffic, safety, and the necessity for
20:21:02 it, and we with that would request your approval of
20:21:08 this special use application.
20:21:09 >>THOMAS SCOTT: Okay.
20:21:10 Thank you, very much.
20:21:16 Questions by -- by Council.
20:21:18 >>JOSEPH P. CAETANO: Move that we close the public
20:21:23 >>THOMAS SCOTT: Councilman Dingfelder.
20:21:25 >>JOHN DINGFELDER: Thank you.
20:21:29 Let me -- let me start off by a little bit -- I got
20:21:32 concerns on this project.
20:21:37 For one thing, Mr. Mount, you know, 30, 40, 50 years
20:21:42 from now -- let's go even further, 100 years from now
20:21:46 you and I aren't going to be here, and so -- then the
20:21:49 question becomes in my mind the question could become,
20:21:52 okay, if somebody came along and leveled your use, if
20:21:55 you didn't have family going on or whatever, could
20:21:59 there then be a bar there that could use that parking
20:22:06 So that is my question to you, Miss Feeley, is can this
20:22:09 parking lot as an auxiliary, ancillary use be limited
20:22:15 to the existing restaurant use and nothing more
20:22:19 >>ABBYE FEELEY: Abbye Feeley, Land Development.
20:22:21 I was having that discussion with Julia outside.
20:22:23 I have one clarification question back to you.
20:22:27 We do put conditions on special uses much like we come
20:22:31 before you with an alcohol special use as with a piece
20:22:31 of property.
20:22:34 Could you condition that.
20:22:37 The restaurant is one of the most intensive uses we
20:22:41 It goes based on a occupancy load, and my understanding
20:22:45 of this property is that there could not be any future
20:22:47 expansion of this property without it coming in for
20:22:50 another rezoning.
20:22:53 It is nonconformities there.
20:22:54 Any future expansion would cause for additional
20:22:57 parking, additional requirements that could not be met
20:22:59 on that CG portion.
20:23:02 >> I don't have a concern of the expansion of a
20:23:03 restaurant use.
20:23:07 My concern is specifically alcohol related because that
20:23:10 brings in a whole different host of problems of hours
20:23:13 and that sort of issue and that sort of thing.
20:23:17 For argument sake, 10, 20 years Jeff wanted to get out
20:23:19 of the business and sold it and somebody wanted to come
20:23:23 in and put -- permit an alcohol use on there and say
20:23:25 then use that parking lot.
20:23:28 Then we have got a whole another set of issues.
20:23:31 >>ABBYE FEELEY: It is my understanding though that
20:23:35 under your special use criteria now for the parking, it
20:23:37 would be required to bring this lot in with them.
20:23:40 So the way I would look at it from a zoning standpoint,
20:23:44 they would need rezoning to a PD to join the CG with
20:23:46 the back lots, and they would need a special use for
20:23:47 the alcohol.
20:23:54 So in that instance that would come back before you.
20:23:55 >>JOHN DINGFELDER: Would go along with it.
20:23:58 >>ABBYE FEELEY: Yes, you couldn't necessarily -- this
20:24:01 lot although serving and meeting the Commercial parking
20:24:03 requirement which is adjacent to the Commercial is
20:24:03 standing alone.
20:24:06 You couldn't condition it -- you couldn't condition the
20:24:08 CG uses associated with through the special use
20:24:14 >>JOHN DINGFELDER: As a stand alone -- and maybe miss
20:24:17 -- maybe Miss Grimes may even agree to a condition and
20:24:20 just say it wouldn't be associated with an alcohol use.
20:24:23 I will ask her that when we get there.
20:24:30 Miss Grimes, our -- hours of operation seem to be a
20:24:30 recurring theme.
20:24:32 Let me start off by saying this.
20:24:35 And I want to speak to some of the lawyers on this side
20:24:41 room, including Mr. Rybert, Mr. Ketchey, and Mr. Davis,
20:24:44 and if I missed any, that's fine.
20:24:45 I am sorry.
20:24:48 But you guys know that this isn't a popularity contest.
20:24:51 It can't be a popularity contest.
20:24:54 We have laws to follow.
20:24:57 And they are pretty tough, but I just want to give that
20:24:58 as a preface.
20:25:02 Now I think there has been good factual testimony to
20:25:06 speak to a very, very legitimate concern about noise.
20:25:09 In this particular -- I think this of the young lady
20:25:13 who spoke whose house has this -- who has a visual
20:25:17 issue perhaps, although I want to see how your trees
20:25:21 respond to this -- this visual concern off of her
20:25:22 second-story terrace.
20:25:27 Let me focus on the noise and the hours of operation.
20:25:30 As I am sitting here listening, I am thinking, if I
20:25:33 live there, I don't want to hear doors slamming the
20:25:34 morning when the folks come in.
20:25:37 There might -- they might be wonderful people and I am
20:25:39 not saying they are going to be blaring their radios or
20:25:42 talking to each other, but just slamming their doors at
20:25:46 4:00 in the morning wake me up and I am sure it could
20:25:47 wake up these folks.
20:25:49 What I am thinking is perhaps a voluntary condition
20:25:53 that you might self-impose of 6 a.m. at the earliest
20:25:57 and 8 p.m. in the evening.
20:26:02 I think typically wright's, you guys close at 4 or a or
20:26:04 something like that, don't you, 6.
20:26:08 So it seems like, you know, 8 might be reasonable on
20:26:10 the evening side and the gentleman testified that most
20:26:14 of the staff comes in at 6.
20:26:17 Before -- people can continue to park, you know -- I
20:26:21 don't think there is that many Baker.
20:26:24 I think they can continue to park wherever they are
20:26:25 parking right now.
20:26:26 Number one.
20:26:28 Number two, I would suggest pushing the project further
20:26:32 to the north along Watrous.
20:26:35 Get rid of the shrubbery buffer there, put in a little
20:26:41 3-foot wall, 3 or 4-foot ball there on Watrous and get
20:26:44 rid of the sidewalk because a sidewalk to nowhere that
20:26:47 I can see.
20:26:50 >> I didn't think it was that easy.
20:26:52 >>JOHN DINGFELDER: I didn't hear your comment.
20:26:54 >> I said you need the sidewalk.
20:26:56 >>JOHN DINGFELDER: Well, you know what, if I am those
20:27:00 neighbors, if I am miss wall are and miss rybert, et
20:27:03 cetera, I would say forget this sidewalk and get this
20:27:05 project as far away from the wall as possible and if
20:27:09 that means sacrificing 50 feet of sidewalk that goes
20:27:12 nowhere and doesn't connect with anything, I would say
20:27:12 do it.
20:27:15 We are the one that are doing special conditions on the
20:27:16 special use and I think we can do that.
20:27:18 You can tell me if I am wrong in a minute.
20:27:20 I think no dumpsters.
20:27:22 I think no dumpsters.
20:27:25 That seems like an easy one for you.
20:27:27 >> There are no dumpsters.
20:27:30 >>JOHN DINGFELDER: No dumpsters on the site plan.
20:27:33 The site plan needs to say no dumpsters.
20:27:35 If you are fine with that, I am fine with that.
20:27:38 I like the idea of the employees only.
20:27:41 Gina, but you had mentioned along Watrous.
20:27:43 I think if you have signs up, not just a policy, but
20:27:47 actually signs up for that whole trip along Watrous
20:27:49 that says employees only, then that's where the
20:27:51 employees will go.
20:27:53 Especially the early ones.
20:27:56 And then I think it should be clear in the site plan
20:27:58 that it is no parking.
20:28:01 No parking for delivery trucks or delivery vans
20:28:03 because, again --
20:28:05 >> Already condition to that effect.
20:28:05 >>JOHN DINGFELDER: Okay.
20:28:08 And that is the laundry list I have and I can run
20:28:10 through it again real quick.
20:28:14 You know unfortunately, you know, we all have friends
20:28:16 on both sides of this issue.
20:28:16 Everybody is wonderful.
20:28:19 They are all nice people on every side of this issue.
20:28:22 This is one of those classic tough ones.
20:28:25 But I think that they have made a pretty good case to
20:28:28 justify having a parking lot, but I think it is
20:28:31 extremely important to mitigate those -- those
20:28:33 potential noise issues.
20:28:34 And I think some of the conditions that I suggested
20:28:40 could mitigate the noise issues.
20:28:43 >>THOMAS SCOTT: Miss Grimes, want to respond to those
20:28:46 >> Yes, as far as the employee parking spaces along
20:28:50 Watrous being labeled, we can do that.
20:28:53 As far as pushing the parking lot further north toward
20:28:57 Watrous if the city wants to reduce, we have a 8-foot
20:28:59 buffer along Watrous.
20:29:00 I am going to show you right here.
20:29:03 This is 8 foot from the sidewalk into the -- where the
20:29:04 parking area is.
20:29:08 If you would like for us to push it 8 foot farther
20:29:14 north, we would have no objection to that.
20:29:17 >> The buffer is a chapter 13 buffer -- you can't waive
20:29:21 chapter 13 under special use.
20:29:23 >>JOHN DINGFELDER: A site plan.
20:29:26 >> Under special use you can't waive chapter 13, one of
20:29:27 the criteria.
20:29:28 >>JOHN DINGFELDER: If that's true, that's fine.
20:29:31 And we will live with it, but in the future we should
20:29:33 modify that, because when we are dealing with site
20:29:36 plans, we should have the flexibility to address these
20:29:41 So let's deal with that another day.
20:29:44 >> Is there an alternative buffer we could do along
20:29:46 Watrous like we can do a wall instead of the landscape
20:29:48 buffer and put the landscaping elsewhere.
20:30:01 >>JOHN DINGFELDER: That's what I was suggesting.
20:31:16 >>GINA GRIMES: You have the opportunity to deal with
20:31:18 chapter 27 issues, when you don't have the opportunity
20:31:20 to deal with issues outside of chapter 27, special use
20:31:24 permits, also.
20:31:26 Yes, I said it out loud and yes, it's very frustrating.
20:31:30 >> You could narrow the drive aisles, by two feet each?
20:31:35 >> Is transportation here?
20:31:36 >>LINDA SAUL-SENA: That's great.
20:31:37 >>JOHN DINGFELDER: And then we had the hours of
20:31:48 >> We can identify the parking areas for the employees.
20:31:51 I don't know if this is understood in this.
20:31:54 If it isn't it's my fault.
20:31:55 But please, right now -- park adjacent to the Palma
20:32:01 Ceia court.
20:32:04 This would move the parking further away.
20:32:06 So if there is this alleged noise that occurs as a
20:32:09 result of the employee parking, it's occurring now.
20:32:11 And what we are proposing to do is improve the
20:32:14 >>JOHN DINGFELDER: It's a different set of Palma Ceia
20:32:17 court neighbors.
20:32:17 The Palma Ceia court neighbors there bought knowing
20:32:20 what was behind them, et cetera, et cetera.
20:32:26 That's irrelevant, but in terms of -- you have a new
20:32:31 parking lot that's closer to this new set of neighbors
20:32:34 that didn't buy into this, and that's why I think it's
20:32:37 very reasonable, as a compromise, to suggest 6 a.m. as
20:32:42 a beginning for your use of this parking lot, period.
20:32:46 >> I am going to let him address that and why that is
20:32:50 not feasible because we did discuss that, Mr.
20:32:53 Dingfelder, before we came to the hearing because we
20:32:55 thought maybe that would be something that could work.
20:32:57 >>JOHN DINGFELDER: The other thing is it's one of the
20:33:00 reasons I asked the operations manager, you know, what
20:33:02 time certain people start.
20:33:04 He said definitively that most of the folks come in at
20:33:09 And that's why I said six.
20:33:11 Because originally I had seven.
20:33:12 But then I figured, well, six.
20:33:15 That's fine.
20:33:15 >> I'll be glad to address that.
20:33:17 My first staff comes in at 4:00.
20:33:20 >> Could you state your name for the record again?
20:33:31 There is six or seven of us that arrive at four.
20:33:33 Four that arrive at 5:00.
20:33:35 And then we'll have seven or eight who arrive at 6:00
20:33:38 in the morning.
20:33:38 But I ran a production business.
20:33:41 People get in there and they get started and they do
20:33:45 what they need to be doing.
20:33:46 To put them at different places and different times.
20:33:49 The goal here is to have a parking lot that we can use
20:33:51 that solves our problems.
20:33:52 When we start putting conditions on when we can use and
20:33:55 when we can't use it, it loses its efficacy for us.
20:33:59 >>THOMAS SCOTT: All right.
20:34:06 Councilman Miranda.
20:34:07 And then Councilwoman Mulhern.
20:34:09 Councilman Caetano.
20:34:11 >>CHARLIE MIRANDA: Mr. Chairman, how would you like
20:34:17 council members like a parking lot in your backyard?
20:34:19 Well, that can't happen where I live because I back up
20:34:21 to another yard.
20:34:22 Let me give you something 46 years ago.
20:34:25 On the corner of Lake Avenue and MacDill.
20:34:28 MacDill would dead-end on Virginia, which is two
20:34:32 blocks south of MLK.
20:34:36 It no longer dead-ends there.
20:34:37 It's wide open.
20:34:40 Then a Doctors Hospital opened up, one floor, and guess
20:34:43 what happened.
20:34:43 They sold out to Humana hospital.
20:34:46 It went to three floors.
20:34:48 Then they built a five story parking garage a block and
20:34:51 a half in front of my house, not behind me in, front.
20:34:54 And it was a successful OB-GYN office.
20:34:57 They did an expansion.
20:34:58 They talked to neighborhoods.
20:34:59 It went 50-foot further to the south.
20:35:04 They wanted to put up a concrete wall.
20:35:08 We all said no.
20:35:09 We would rather have aesthetics.
20:35:12 Guess what happened this winter.
20:35:13 The aesthetics died, because it got cold.
20:35:16 Now we have got aesthetics this high.
20:35:18 But now what?
20:35:19 I enjoy looking at the plants grow.
20:35:23 Walls don't breathe.
20:35:24 Plants do.
20:35:26 There was no football stadium.
20:35:28 It's about three blocks away.
20:35:29 Now there's a football stadium.
20:35:31 There was no St. Joseph's woman's hospital.
20:35:34 It hasn't been expanded one time.
20:35:36 It's been expanded three times.
20:35:38 They are in the process of expanding that now as we
20:35:40 speak tonight.
20:35:41 The parking now is my front yard, the view, anyway, not
20:35:45 my yard literally but the view.
20:35:48 Do I have a problem with that?
20:35:49 I don't.
20:35:52 It's 33 years ago, that doctor asked for that
20:35:56 expansion, and it happened.
20:35:58 But guess what else happened.
20:36:00 To the east from that property, or three quarters of a
20:36:02 complete block when St. Joseph bought it from Humana,
20:36:08 they haven't been able to do one thing with that block,
20:36:10 because it doesn't carry over.
20:36:12 There's a line where the city said that's enough.
20:36:14 And that is all vacant.
20:36:16 And they are using it for parking now.
20:36:19 I assume it's for the expansion of the woman's
20:36:40 I heard professionals speak today quite often on both
20:36:42 sides of the issue.
20:36:43 What amazes me is the same professionals office,
20:36:46 opposite side when they are on somebody else's payroll.
20:36:49 And I can never do that.
20:36:54 So I'm watching two professional groups, not
20:36:59 That come today for something and the next day they are
20:37:02 against something.
20:37:02 So I have to make an assumption that they are both
20:37:04 getting paid.
20:37:05 If not they wouldn't be here.
20:37:06 So it's hard to understand these things.
20:37:11 Let me also tell you that I was in the restaurant
20:37:13 business for many, many years, started 14, ended up
20:37:18 being the managing partner at Pepe.
20:37:23 He we also had individuals that came at five in the
20:37:25 morning to do prep work.
20:37:27 Not one time, one individual on Melville and Kennedy,
20:37:32 come see me when the restaurant was open to tell me,
20:37:35 what are you doing?
20:37:36 You're disturbing me.
20:37:37 Not once in all the years we were there.
20:37:47 We sold.
20:37:48 And now you have a beautiful building there.
20:37:52 The American cancer association is there.
20:37:54 So what I'm saying is, it's very difficult to
20:37:58 understand what's coming.
20:38:01 I have listened to both sides and I haven't said much.
20:38:04 But when I look at this plan, and I see the
20:38:07 possibilities of reducing the problem of traffic,
20:38:11 congestion, both, the accident ratio could or could not
20:38:16 be there, the individuals who could or may be hit by an
20:38:19 automobile trying to get somewhere, and I want to admit
20:38:22 that I go to grill Smith and I go to Rice, and at grill
20:38:28 submit at night especially on Fridays and Saturdays now
20:38:32 that I live on that side of town, it gets so busy that
20:38:34 I use his parking lot to park there.
20:38:38 So it's something very hard to understand if you live
20:38:47 The fear factor is great.
20:38:49 I can tell you where I lived we had fear of everything
20:38:52 that I said, from one little hospital to a big one to a
20:38:55 humongous one.
20:38:57 And we still live in compatibility.
20:39:01 Did we have noise levels?
20:39:03 You're darn tootin' we do especially with a football
20:39:07 field with crowd noises that are simulated.
20:39:10 Does it bother me?
20:39:12 Maybe I'm getting deaf at my age but I don't hear it.
20:39:17 Traffic is the main thing because it was 16 football
20:39:20 games, eight away, eight at home.
20:39:23 All of a sudden people had concerts.
20:39:27 All of a sudden people learn about those big things
20:39:30 with trucks that go down, down.
20:39:32 I don't know what they are.
20:39:33 But they make more noise than a jet engine.
20:39:37 That is something.
20:39:43 Then the USF bulls came along and they brought a crowd.
20:39:45 I'm happy for all of them.
20:39:47 And I think the fears of this neighborhood, when they
20:39:52 see the completion, and they see the dissemination of
20:39:55 traffic that's going to be dissolved on Watrous and
20:39:58 that corner, and the green that I see that's coming,
20:40:05 plants have a tendency and trees have a tendency to
20:40:08 grow up quickly.
20:40:10 So I feel that this is compatible.
20:40:13 It's been said by both Planning Commission and the city
20:40:18 So I have some apprehension but not enough to vote
20:40:23 against it.
20:40:26 >>THOMAS SCOTT: Councilwoman Mulhern and Caetano.
20:40:28 >>MARY MULHERN: Thank you, Mr. Chairman.
20:40:31 I guess this is my question for Ms. Grimes, I think.
20:40:37 This exhibit -- or whoever.
20:40:41 Actually, Ms. Grimes, sorry.
20:40:43 This is a question for you because you are the
20:40:46 Why did you give this to us?
20:40:48 What's the purpose of this diagram?
20:40:54 >>GINA GRIMES: To show that there was already a pattern
20:40:56 of development.
20:40:59 Not to show that it was a precedent but to show it was
20:41:01 compatible with the surrounding development.
20:41:03 >> So it's compatible.
20:41:07 But you are also showing us that there already are
20:41:09 surface parking lots in this area, right?
20:41:12 >> And my point is your code allows this.
20:41:14 >>MARY MULHERN: Well, our code allows it because it
20:41:17 was already there.
20:41:20 Then my question, I guess, is for you, too.
20:41:25 We were inundated with e-mails, and we heard from a lot
20:41:28 of people tonight.
20:41:30 So it seemed to me that -- I don't know that I've heard
20:41:38 from anybody who lives adjacent to where the proposed
20:41:43 special use parking lot is who is in favor of this.
20:41:47 Is there anyone abutting that who is here to speak in
20:41:50 favor of it?
20:41:51 >> Not that I'm aware of.
20:41:53 >> Okay.
20:41:57 I guess that's my question.
20:41:58 I'm not going to take a lot of time, because I'm going
20:42:01 to support the neighbors, because I think they are the
20:42:03 ones who are the experts about whether this proposed
20:42:09 use is compatible.
20:42:11 And they have told us it's not compatible.
20:42:13 It does not fit in with the residential zoning.
20:42:19 And that to me is basically what would be compatible.
20:42:24 I'm going to say why I'm not going to support it.
20:42:27 I guess I'll wait till we vote and then I'll say that.
20:42:31 But I feel like -- I wish we could just give Mr. Mount
20:42:36 a commendation tonight, because he does run a wonderful
20:42:39 business, and I'm thinking I might need a job, and if
20:42:44 he would help me with a scholarship I can go back to
20:42:46 grad school.
20:42:47 That would be good, too, and I could be beef martini
20:42:54 Everybody thinks -- oh, you have been a wonderful
20:42:59 It's all wonderful, the business, the food, and you
20:43:02 have great friends, and really loyal employees, and
20:43:05 that's wonderful.
20:43:06 But the question for us tonight is, this is a special
20:43:10 use that's compatible with the neighborhood, and I
20:43:13 think we have clearly heard that it's not.
20:43:16 And maybe you could answer one question for me, because
20:43:22 one of the neighbors was questioning why you can't
20:43:26 accommodate -- could you explain to us -- you heard
20:43:30 what she said about you could actually create more
20:43:34 parking on your site right now without tearing down the
20:43:41 house and putting in a surface parking lot.
20:43:43 >>> In my explorations over the last nine or ten years
20:43:49 one of the things I explored was a parking garage and I
20:43:54 could get about a three-story high garage, and I sit
20:43:57 down with the neighbors and talk to them, there's not a
20:44:00 lot of time to go into everything that one might do.
20:44:02 But for me, in informal discussions, a parking garage
20:44:06 on here would run me about $20,000 a space.
20:44:10 It would require me to knock down my existing
20:44:12 production kitchen and be closed for --
20:44:15 >>Are well, you would have to tear down, and you are
20:44:17 talking about building a new --
20:44:19 >> So is this cheaper?
20:44:21 Yes, it is.
20:44:21 But it also keeps us open and alive.
20:44:23 >> Okay.
20:44:26 Thank you.
20:44:26 >>THOMAS SCOTT: Councilman Caetano and councilman
20:44:30 >>JOSEPH P. CAETANO: Thank you, Mr. Chairman.
20:44:32 I want to disclose that Mr. Matt called me, I don't
20:44:36 know, maybe five months ago.
20:44:37 I don't remember.
20:44:38 But I lost my connection with him.
20:44:41 I think he called me on my cell phone.
20:44:43 And I called him back, and he told me about what he
20:44:47 wanted to do.
20:44:48 In fact, I see a gentleman all the way in the back
20:44:51 there who comes from canary isle in the 33647 area
20:44:56 which is way on the other side of town who works for
20:45:03 And I support what Mr. Mount is doing.
20:45:05 He must be doing things right.
20:45:08 Thank you.
20:45:10 >>THOMAS SCOTT: Councilwoman Saul-Sena.
20:45:11 >>LINDA SAUL-SENA: Thank you.
20:45:13 I have been on City Council a number of years, and this
20:45:15 is honestly one of the most challenging things, cases
20:45:19 we have ever faced, because you have got an established
20:45:22 You have got an established business.
20:45:23 You have got people who care passionately about their
20:45:27 homes and their jobs and their businesses and their
20:45:30 So in a way it's complimentary because people care so
20:45:35 deeply that you all have been sitting here for almost
20:45:38 three hours on this.
20:45:41 I have very good friends on all sides of this so I
20:45:43 can't make this decision based on friendship.
20:45:46 I need to face it on -- base it on good planning.
20:45:51 And we also have incredibly talented planners on both
20:45:54 sides of this issue who I have great respect for and
20:45:57 made very compelling cases.
20:45:59 The bottom line is, I think that through careful design
20:46:04 you can accomplish most anything, and I think that the
20:46:06 site plan that's been presented tonight for this
20:46:08 parking lot is the most carefully brought site plan I
20:46:16 have ever seen.
20:46:17 It has more landscaping and buffering, more careful
20:46:20 lighting, and a tremendous effort to minimize the
20:46:25 negative potential impacts of a parking area.
20:46:28 And I thought of the possibility of structured parking
20:46:31 as a way to address the parking issues.
20:46:35 I think a structured parking lot would be much less
20:46:39 pleasant to live next to than a heavily landscaped
20:46:45 surface lot.
20:46:46 So based on the variety of arguments on all sides, I
20:46:50 think what is before us is a decent compromise to
20:46:55 accommodate your needs, protect the neighborhood, and I
20:47:00 really believe to my friends who live next door that
20:47:03 the mature trees that are being committed to on the
20:47:06 site plan will keep it from being an unpleasant
20:47:11 And I think that because it's a quiet business, it
20:47:14 won't bother you in the evening.
20:47:16 And I think that the commitments made by a very
20:47:19 responsible business person that the employees park far
20:47:23 away will make it a very tolerable neighbor.
20:47:29 >>GWEN MILLER: Move to close the public hearing.
20:47:31 >>THOMAS SCOTT: Let me ask a question before we do
20:47:34 Ms. Grimes, could you put back up again the parking, of
20:47:43 the parking lot?
20:47:46 >>GINA GRIMES: This one or this one?
20:47:48 >> The first one.
20:47:49 Could you show us again where the employees and
20:47:53 designated for their parking?
20:47:56 >>GINA GRIMES: We will shorten these drive aisles from
20:47:58 2626 to 24 feet, give us four additional feet and will
20:48:01 push everything further north so you will have a
20:48:04 23-foot buffer here, and then we will label all these
20:48:07 spaces or however man spaces there are, we'll label it
20:48:14 employee parking only.
20:48:15 >> So at 4:00 in the morning all the employees will
20:48:17 have to park on that side?
20:48:20 >>GINA GRIMES: Yes.
20:48:20 >>THOMAS SCOTT: So we are looking at 60 feet.
20:48:26 >> From the east.
20:48:28 23 feet from the south.
20:48:29 >>THOMAS SCOTT: 23 feet from the south.
20:48:36 >>GINA GRIMES: With all the employee parking designated
20:48:39 right hear.
20:48:39 >>THOMAS SCOTT: Okay.
20:48:45 In the morning, how many employees are we talking
20:48:53 >> Five or six.
20:48:54 >>THOMAS SCOTT: Five or six in the morning?
20:48:56 >> Yes.
20:48:58 Now holiday season we'll have more coming.
20:49:02 >> Mr. Mount, however do you live from this current
20:49:12 >> Go ahead.
20:49:12 >> Well, I'm at San Rafael that comes in right here.
20:49:26 So -- that's right at the "S."
20:49:35 That's where I am.
20:49:39 >> So you are only a couple of minutes away then?
20:49:46 >> Yes, sir.
20:49:46 >> Have there been any incidents in the past whereby
20:49:54 you were called out, or called in, or anything that
20:50:03 didn't get there pretty quickly?
20:50:05 >> Well, whenever we got a burglar alarm or anything
20:50:07 like that.
20:50:08 And the only thing that people have visited my house
20:50:11 about is when I took the humming bird cake off the menu
20:50:15 and a couple people came by and wanted it back on the
20:50:18 >> Were there any opportunities to meet with the
20:50:22 residents in the area?
20:50:24 >> I initiated that myself back in January before we
20:50:28 applied for the special use permit.
20:50:30 >>GINA GRIMES: And the homeowners association.
20:50:31 >> And talked to the homeowners association.
20:50:34 >>THOMAS SCOTT: And what was the atmosphere like at
20:50:37 that time?
20:50:40 >> Well, I met first with the Jess' and we visit PD and
20:50:48 I said I would get more information, follow up with
20:50:51 Subsequently, I met with other neighbors over the next
20:50:54 three or four weeks, promised to provide them
20:50:57 information, and had some follow-up calls, some were
20:51:01 returned, some that weren't.
20:51:03 >>GINA GRIMES: And with the homeowners association it
20:51:05 was our understanding that they were not taking a
20:51:07 formal position on this application, so we were
20:51:10 surprised to learn that they were adamantly opposed to
20:51:13 it because that was not the information we were
20:51:15 provided, that I know is active in the organization so
20:51:22 I don't know how oh to address that.
20:51:25 >>THOMAS SCOTT: Thank you.
20:51:26 Let me say that I think Mr. Miranda has spoken well
20:51:28 this evening relative to progress, to change, and
20:51:31 things that happen.
20:51:33 It is always difficult for progress and change, and
20:51:42 people not supportive of that.
20:51:46 I want to say to South Tampa, to the residents of the
20:51:48 area, you are extremely blessed.
20:51:51 You may not realize it.
20:51:52 I live in East Tampa.
20:51:55 When I the want to go to a restaurant I have to go
20:51:58 several miles, 20, 30 miles, okay.
20:52:03 When you want to buy groceries, I have to go several
20:52:06 miles away.
20:52:16 Almost everything that affords a quality of life issue
20:52:23 is not immediately adjacent to my house or my
20:52:27 Several miles out.
20:52:30 So from that standpoint, I think that you are extremely
20:52:35 fortunate and blessed.
20:52:37 The second thing is that apparently you have a
20:52:41 business, and a business owner who has worked well with
20:52:44 this neighborhood based on the fact there have not been
20:52:49 any calls or complaints over the last ten years, not
20:52:51 even the last year, which says a lot about quality of
20:52:55 his business, and the work that he does.
20:53:00 The third thing I said, based on what I've seen
20:53:03 tonight, the parking lot really would enhance the
20:53:08 And I will tell you, I didn't know Mr. Mount before
20:53:13 If he had walked in I wouldn't know who he was.
20:53:17 Didn't call me, I didn't call him.
20:53:19 But I tell you, I do go to the Rice restaurant there,
20:53:25 and depending on what time you go, it's almost
20:53:30 difficult to find a parking space.
20:53:32 I will tell you that.
20:53:34 And many times you have to circle around several times
20:53:36 before you can get one.
20:53:38 So I see this as an enhancement.
20:53:42 I see it as enhancement to the neighborhood so that
20:53:45 people are not circling in the neighborhood several
20:53:47 times waiting to get a parking space.
20:53:53 And so with that being said, I am going to support the
20:53:57 We have all recommendations from the Planning
20:53:59 Commission, from the staff, met all the criteria based
20:54:03 on chapter 13, I believe, is that right? Chapter 13,
20:54:10 very well written report.
20:54:11 So I am going to support the petition assuming there
20:54:18 will be a motion.
20:54:19 >>GWEN MILLER: Move to close the public hearing.
20:54:21 >> Second.
20:54:24 >>THOMAS SCOTT: All in favor signify by saying Aye.
20:54:27 Ms. Miller.
20:54:27 >>GWEN MILLER: Thank you, Mr. Chairman.
20:54:33 An ordinance approving a special using permit S-2
20:54:36 approving parking off-street commercial in an RS-75
20:54:41 residential single-family zoning district in the
20:54:43 general vicinity of 3710 west Watrous Avenue in the
20:54:47 city of Tampa, Florida as more particularly described
20:54:49 in section 1 hereof providing an effective date.
20:54:51 >>THOMAS SCOTT: Seconded by councilman Miranda.
20:54:56 Councilman Dingfelder.
20:54:57 >>JOHN DINGFELDER: Thank you, Mr. Chairman.
20:54:59 Just for clarification, it's clear that there was no
20:55:05 agreement on hours of operation, Ms. Grimes.
20:55:16 We have to reopen it if you want to ask a question.
20:55:18 >>JOHN DINGFELDER: Well, I'm asking for the maker of
20:55:20 the motion for clarification.
20:55:22 But if she can't clarify, then I guess I would have to
20:55:25 >>THOMAS SCOTT: No, to reopen.
20:55:28 >>GWEN MILLER: Mr. Mount diabetes say the hours.
20:55:33 So he said four and five.
20:55:36 >>JOHN DINGFELDER: That was my previous as.
20:55:38 That there's no agreement on hours of operation.
20:55:41 >>GWEN MILLER: He said he cannot change his hours.
20:55:42 >>JOHN DINGFELDER: Thank you.
20:55:44 Which is why I can't support it.
20:55:45 I think it's a very reasonable compromise, say don't
20:55:48 use this parking lot stuck up into this neighborhood
20:55:50 before 6 a.m.
20:55:52 I understand there might be ten or more employees who
20:55:56 get there at four.
20:55:57 But this didn't start out as an industrial baking
20:56:01 It started out as a mom and pop family business and now
20:56:05 he's doing much bet every and it's great, it's
20:56:08 wonderful, the community loves it but 4 a.m. is more
20:56:10 like the Merritt a bakery, and I would say leave those
20:56:14 people parking where they are.
20:56:16 But that obviously wasn't accepted by the petitioner,
20:56:20 and that's their discretion to accept or reject a
20:56:26 So in my opinion they rejected a reasonable compromise.
20:56:30 And therefore I'm going to reject the motion.
20:56:35 Mr. Chairman, with all due respect, there's a nice
20:56:37 little one-story house on that lot right now.
20:56:39 It's been there a long time.
20:56:42 I've never seen a parking lot that enhances a
20:56:47 And if somebody just bought that little house and fixed
20:56:50 it up, that would be, you know, that would be the best
20:56:55 enhancement for this neighborhood, from the
20:56:58 neighborhood perspective.
20:57:00 Now, from the customer's perspective, or from Mr.
20:57:03 Mount's perspective, that's all fine and good and I
20:57:06 understand that.
20:57:06 And I am a customer.
20:57:07 But from the neighborhood's perspective, a parking lot
20:57:10 never enhances a neighborhood.
20:57:11 I think once you pave paradise and put up a parking
20:57:17 Thank you.
20:57:17 >>CHARLIE MIRANDA: As a second to that motion of Ms.
20:57:20 Miller's, I think I have a right to say that when you
20:57:23 are in business, and you have to have a certain product
20:57:26 prepared, prepped before it's put in, I don't care if
20:57:29 it's the oven or cook the flan we used to do, you need
20:57:36 preparation work so when you open your doors that you
20:57:39 are ready for that.
20:57:40 I mean, a 4:00 airplane doesn't arrive at six to take
20:57:43 off at four.
20:57:44 It arrives prior to four before it takes off.
20:57:48 In business and all walks, that's the way it is.
20:57:52 I can also tell you that I was reminded just now about
20:57:55 one house.
20:57:56 Let me tell you that story about east of that OB-GYN
20:58:02 It was nine houses that were taken down.
20:58:06 Not one.
20:58:09 Guess what happened.
20:58:11 They haven't built anything there in 33 years because
20:58:14 the city won't allow it.
20:58:17 So the fear factor I'm not going to use.
20:58:21 I never have used it.
20:58:23 I look at a plan and it's either acceptable or it's not
20:58:28 But when I lived with fear, all of us had fear.
20:58:38 I don't even have that fear anymore.
20:58:44 Thank you.
20:58:45 >>THOMAS SCOTT: Anyone else?
20:58:49 Councilwoman Mulhern.
20:58:50 >>MARY MULHERN: Thank you.
20:58:52 I can't support this for the reasons I already said.
20:58:54 I'm going to cite the areas in our code and the
20:59:00 comprehensive plan for why I won't.
20:59:02 I do have to say that this isn't based on opinion or
20:59:09 I think the emotion we heard tonight was more empathy
20:59:15 for the business owner.
20:59:17 And we just heard more facts and support for keeping it
20:59:26 And I have to say that I agree with Mr. Dingfelder.
20:59:29 You are talking about whether you want a compatible
20:59:35 small residential home with a very lot of green space
20:59:39 and a big yard, and probably maybe three cars as
20:59:43 opposed to 40 parking spots which are going to be
20:59:47 changeable, with everything attendant to a parking lot,
20:59:52 which does include light of the kind that you would not
21:00:01 have from maybe a few lamps on in a house at nature,
21:00:05 the noise, the traffic, attendant to having 40
21:00:11 additional parking spaces for one building.
21:00:14 There's going to be more traffic in that neighborhood.
21:00:16 And if someone wanted to put a -- is going to tear down
21:00:23 the house behind me and put in 40 parking space --
21:00:28 parking lots I wouldn't be happy and I would probably
21:00:30 So I think that it obviously -- it will set a
21:00:38 We see every time when people come here and they want
21:00:40 to change a view, they want a special use, they want a
21:00:43 zoning change, they want a land use change, they always
21:00:46 come with the other development of this type that they
21:00:55 are asking for and they show it to us to show that
21:00:58 there's a precedent for it and that there is
21:01:02 compatibility which is just two ways of saying it's a
21:01:05 So I am not going to support it.
21:01:07 It's inconsistent with our comprehensive plan.
21:01:09 I'm going to cite 18.4.1, areas adjacent to or within
21:01:15 neighborhoods that are planned for non-residential uses
21:01:19 shall be developed in a manner which is sensitive --
21:01:22 and I know you are trying very hard to be sensitive.
21:01:25 However, and compatible to affected neighborhoods.
21:01:28 And a 40-parking space surface parking lot is not
21:01:33 compatible with single-family residential neighborhood.
21:01:37 That's a policy, 18.4, compatible development and
21:01:43 redevelopment to sustain stable neighborhoods and
21:01:45 ensure the social and economic health of the city.
21:01:49 It will be good for the social health of perhaps Dale
21:01:52 Mabry and people who are going to Rice gourmet.
21:01:57 However, a stable neighborhood, I think this could
21:01:59 encourage people just to not only not to want to live
21:02:03 adjacent to that, but also for businesses along Dale
21:02:07 Mabry to decide that maybe we can build a parking lot,
21:02:11 And I'm going to cite our code, section 27.269, general
21:02:17 standards, the use is compatible with continuous and
21:02:23 surrounding property, or is a public notice.
21:02:27 I wouldn't exactly call at necessity.
21:02:30 5, the use will not establish a precedent of or
21:02:33 encourage more intensive or incompatible uses in the
21:02:37 surrounding area.
21:02:39 So that's why I am not going to support it.
21:02:41 >>THOMAS SCOTT: Councilman Caetano.
21:02:42 >>JOSEPH P. CAETANO: Yes, evidently the petitioner has
21:02:45 made some compromises where they are going to have
21:02:48 their employees park in the first parking lot right
21:02:54 behind their building that they have now, and that's
21:02:58 going to take the people coming to work at 4:00, 6:00
21:03:01 in the morning, away from the residential area.
21:03:05 And we need to support small businesses.
21:03:08 Businesses are having a hard time.
21:03:10 And I support this project 100 percent.
21:03:14 >>LINDA SAUL-SENA: Thank you.
21:03:15 If you look at what's around this, to the north you
21:03:18 have a parking lot.
21:03:22 To the west you have a parking lot.
21:03:26 To the east you have a 60-foot buffer before you reach
21:03:32 the home.
21:03:35 You have green space.
21:03:35 You have buffering.
21:03:36 You have significant landscaping.
21:03:39 And there are many homes, the entire size of the lot.
21:03:46 I think that the scale of the buffering will really
21:03:50 protect the home.
21:03:51 I understand their concern.
21:03:53 But this is not a late-night business.
21:03:56 And I think the fact that the employees will be parking
21:03:59 closer to the and the home will protect them, and the
21:04:07 25 feet they will be from the homes to the south, with
21:04:11 the mature landscaping, with the distance, and with the
21:04:14 lack of evening lighting, I think we will create
21:04:17 something that will not be a burden.
21:04:22 The other alternative would be to build structured
21:04:25 And I really think that that would be much less
21:04:28 pleasant to live near.
21:04:29 So that's why I am voting the way I am.
21:04:32 >>THOMAS SCOTT: There's a motion on the floor, moved
21:04:36 and seconded, seconded by councilman Miranda.
21:04:39 >>LINDA SAUL-SENA: Did we have the notice about not
21:04:42 having the dumpster?
21:04:43 >> Yes, all of the notes requested early on.
21:04:48 She made a request early on.
21:04:49 >>> There are two modifications, one from land
21:04:53 development that the applicant agreed to as to the
21:04:55 reduction in the drive aisle and 26 to 24 feet and
21:04:59 labeling of the employee parking along the front.
21:05:01 >>LINDA SAUL-SENA: And no dumpster.
21:05:03 There's none indicated but we can add it.
21:05:05 >> May show one on the site plan.
21:05:14 >>LINDA SAUL-SENA: And also the revision.
21:05:15 >>THOMAS SCOTT: Okay, anything else?
21:05:18 All in favor signify by saying Aye.
21:05:23 >>THE CLERK: Motion carried with Mulhern and
21:05:26 Dingfelder voting no. Second reading and adoption will
21:05:28 be on June 24th at 9:30 a.m.
21:05:31 >> We will stand in recess for five minutes so the
21:05:35 clerk can take a break.
21:05:37 (City Council recess)
21:16:53 (roll call).
21:18:12 >> council, item 11, I want to move up and take that
21:18:15 now so that we can dispositive of that pretty quickly.
21:18:18 It's my understanding that a transportation report.
21:18:24 So if the attorney can speak to that.
21:18:27 I would move that item up now.
21:18:30 It's item 11.
21:18:31 >>JULIA COLE: Legal department.
21:18:33 Item 11 was a continued public hearing and it was
21:18:36 continued upon the request of City Council with the
21:18:40 approval of the petitioner for what I understood to be
21:18:44 a very limited purpose, the receiver from the
21:18:47 transportation department relating to the adjacent
21:18:50 roadway which is Bradford and whether or not there was
21:18:55 any opportunity for that road to be curved, some of the
21:18:59 comments that were made during that rezoning hearing.
21:19:01 I do want to reiterate what I said at the previous
21:19:04 hearing, that a decision on this particular rezoning
21:19:07 should not be based on whether or not the
21:19:10 transportation department makes a specific decision
21:19:13 from a transportation perspective on that adjoining
21:19:18 And if City Council does doesn't want to move this case
21:19:22 forward tonight then I would ask Jermaine from
21:19:26 transportation department to go ahead and provide the
21:19:28 report to City Council on that issue.
21:19:31 I did also want to indicate that I understood this to
21:19:33 be a continued public hearing, and it is not intended
21:19:36 to be a full-blown public hearing.
21:19:38 Certainly for the petitioner upon what is said may have
21:19:41 the right to speak to any of the issues being raised by
21:19:45 the transportation department.
21:19:46 So I think at this point it would be limited only to
21:19:50 those issues.
21:19:50 Thank you.
21:19:51 >> We are just going to hear from transportation, and
21:19:55 not a full-blown hearing.
21:19:58 I don't have a problem with that.
21:20:00 But if it's going to take a full-blown hearing then I
21:20:03 have issues.
21:20:04 Yes, Mr. Shelby.
21:20:05 >>MARTIN SHELBY: Well, if that's the chair's
21:20:10 Just to say if there are those people, in a continued
21:20:14 public hearing who did not have -- did not take the
21:20:16 opportunity to speak at the last public hearing, did
21:20:18 not previously waive their time.
21:20:20 If they wish to testify before council takes a vote,
21:20:24 that's something that council could allow.
21:20:25 Either way, council, those people who did not have an
21:20:29 opportunity to speak would have an opportunity to speak
21:20:32 in the second reading and adoption of public hearing.
21:20:34 So whether you also want to limit to the those people
21:20:36 who did not speak and did not waive their time, you can
21:20:39 choose to do that before you take a vote.
21:20:41 >>THOMAS SCOTT: Council?
21:20:45 >>LINDA SAUL-SENA: I think I understood you to say we
21:20:52 could limit it to people who have not spoken.
21:20:55 >>MARTIN SHELBY: Exactly.
21:20:57 Council's custom is to not allow people who have
21:21:00 previously spoken at the first part of a continued
21:21:02 public hearing or whatever part of a continued public
21:21:04 hearing on first reading, or even second reading, to
21:21:07 come back and speak again.
21:21:08 They would have another opportunity at the full-blown
21:21:10 adoption public hearing on second reading.
21:21:12 >>LINDA SAUL-SENA: Right.
21:21:13 >>THOMAS SCOTT: All right.
21:21:14 We'll hear from transportation.
21:21:15 Before we do that, had anyone here who has not been
21:21:19 sworn yet?
21:21:20 Anyone who is going to be speaking, has not been sworn,
21:21:22 stand at this time to be sworn, please.
21:21:26 If you are going to speak at all tonight.
21:21:28 If you are going to speak at all tonight --
21:21:31 >>LINDA SAUL-SENA: On any item.
21:21:34 (Oath administered by Clerk)
21:21:44 >>THOMAS SCOTT: The zoning administrator may want to
21:21:49 come and just refresh council about the transportation
21:22:04 >>ABBYE FEELEY: Land development.
21:22:06 This case was before you on May 27th.
21:22:09 I presented it to you.
21:22:10 It is for a mixed use office building, professional
21:22:13 office building, part medical office, part general
21:22:19 Council's concerns came up that evening related to the
21:22:23 parking and also the access to the site based on
21:22:27 And it was council's direction as part of the
21:22:30 continuance that transportation consider the
21:22:33 possibility of closing Bradford.
21:22:35 I would defer to transportation for a report back on
21:22:38 that issue.
21:22:39 And I'm available to either go further into the
21:22:43 presentation before you this evening should that be
21:22:45 needed, or if you have any questions.
21:22:47 Thank you.
21:22:47 >>THOMAS SCOTT: Mr. Dingfelder requested we take a
21:22:53 look at that issue by transportation and come back to
21:22:56 us in writing.
21:22:59 >> At this time, transportation is in the process of
21:23:04 taking south of Cleveland on Bradford, to take counts
21:23:11 for speed and volume on that roadway.
21:23:15 To collect a significant amount of data that we would
21:23:17 need to come to you with a recommendation on whether to
21:23:22 close Bradford or to have other traffic calming
21:23:26 You need at least 90 days to collect that data.
21:23:28 I also wanted to point out that this site is currently
21:23:32 not -- the driveway that is opportunity currently at
21:23:39 the site will be closed.
21:23:42 And their access will only be on Henderson.
21:23:46 Henderson is a State Roadway.
21:23:48 It is operating at capacity level A.
21:23:52 It is more than capable of handling the capacity that
21:23:59 this office will generate which will only be 132 trips
21:24:10 >>JOHN DINGFELDER: Well, bottom line is they can't
21:24:14 make a decision for another 90 days, and legal
21:24:18 department has advised us not for us to allow that to
21:24:23 be a criteria.
21:24:24 So I don't have a lot more to say about it.
21:24:26 When this hearing is done, I would like about two
21:24:29 minutes to make a motion as related to that issue of
21:24:33 But I won't mess with it right now.
21:24:36 >>THOMAS SCOTT: Okay then, we can take public
21:24:41 testimony from those who have not spoken before that
21:24:43 may want to speak on this issue.
21:24:47 I have been advised by legal if you have not spoken
21:24:49 before and you want to speak on an issue, you may come
21:24:55 You have three minutes.
21:24:55 Out don't have to use all three minutes.
21:24:58 >>MARTIN SHELBY: If you can, please, when you state
21:25:01 your name, please state for the record that you have
21:25:03 been sworn and that you have not previously spoken on
21:25:07 this issue.
21:25:08 Thank you.
21:25:08 >> David Rosenback.
21:25:13 I have been sworn and I will tray to keep it to 2:59.
21:25:17 >> You haven't spoken at the previous?
21:25:18 >> That's correct.
21:25:20 I am not going to talk about the roads or the access.
21:25:24 I am going to talk about the doctor.
21:25:27 I have known Leslie Rudolph almost her entire life.
21:25:31 She's the kind of girl that I think we all wish we
21:25:34 could say is our daughter.
21:25:36 And I believe that she's the kind of doctor we would
21:25:39 all like to say our kids see.
21:25:43 She went to Berkeley prep.
21:25:45 She grew up here, went to Berkeley prep, went to Duke,
21:25:49 graduated in three years.
21:25:52 She went to Florida for her -- I'm sorry, for her
21:25:56 dental degree and only finished first in her class.
21:25:59 When she took her national boards she finished first in
21:26:01 the country.
21:26:02 In the country!
21:26:04 She's won a lot of awards.
21:26:06 And I could bore you with all of them.
21:26:09 But I think you have to understand that Leslie Rudolph
21:26:14 is a person of character who does what she says she's
21:26:17 going to do, who has great intentions, who wants to
21:26:20 take care of our children's teeth, which obviously is
21:26:23 no small thing, because we need them when we are
21:26:26 adults, also.
21:26:29 Besides being professional, she's honest.
21:26:31 She's respectable.
21:26:32 She's respectful.
21:26:34 And she's responsible.
21:26:37 She only has our best interests at heart.
21:26:39 Thank you.
21:26:40 >>THOMAS SCOTT: Next speaker.
21:26:44 If you have not spoken you may come up at this time.
21:26:46 >> Richard Rudolph.
21:26:48 I have been sworn.
21:26:49 >> Did you speak before, sir?
21:26:52 >> No, I did not.
21:26:55 I drive by the property every morning on my way to
21:26:58 work, and I'm here to speak on the importance of the
21:27:01 City of Tampa fostering the creation and growth of
21:27:05 small business in the city.
21:27:07 Small business, I will remind you, is the backbone of
21:27:11 the American economy.
21:27:13 In 1979, I had the choice to move my small business
21:27:17 from Syracuse, New York, to Miami, Orlando, to Tampa.
21:27:23 We chose an ideal office location in the City of Tampa.
21:27:27 It was part of a 30,000 square foot complex because it
21:27:30 was near the airport, shopping, restaurants, had access
21:27:34 to the highway system, and was in the middle of a
21:27:38 beautiful residential neighborhood in South Tampa.
21:27:43 When we moved, the population of the City of Tampa was
21:27:47 Today it has grown to 350,000.
21:27:50 Growth creates change.
21:27:53 Growth cheats creates small businesses.
21:27:56 And prosperity.
21:27:58 As the population of the city grows, you will need more
21:28:01 schools, more teachers, more restaurants, doctors, and
21:28:04 pediatric dentists for children.
21:28:09 Dr. Leslie raised and schooled here in Tampa, went to a
21:28:14 dentist only 700 yards away from her proposed office in
21:28:18 South Tampa.
21:28:19 She trained for ten years beyond her high school
21:28:22 education to open her dream, an office for pediatric
21:28:29 dentistry on Henderson Boulevard.
21:28:32 Her small business will pay $15,000 a year in taxes,
21:28:36 employ an educated professional, well-paid staff, and
21:28:39 support other small businesses including a landscaper,
21:28:43 plumber, electrician, air conditioning service, a
21:28:46 cleaning crew, and will serve many children in the City
21:28:50 of Tampa.
21:28:52 Thank you for your time tonight.
21:28:54 I hope that you will vote in favor of Dr. Leslie's
21:28:57 office building on Henderson Boulevard, and of all the
21:29:00 small businesses that want to open in our wonderful
21:29:03 >>THOMAS SCOTT: Thank you, sir.
21:29:04 Next speaker.
21:29:10 >> My name is Carolyn Franka and I live in southern
21:29:13 pines at 109 south Matanzas Avenue directly behind the
21:29:18 proposed property to the east.
21:29:20 >> I'm sorry to interrupt but have you been sworn and
21:29:22 have you testified previously?
21:29:23 >> I have been sworn and I have not testified
21:29:28 I am strongly opposed to any zoning change until there
21:29:31 is a better understanding of the size and scope of this
21:29:33 project and the impact on our neighborhood.
21:29:36 Monday evening was the first time I learned of the
21:29:38 proposed variance which would allow their building to
21:29:41 be nine feet from my property line.
21:29:44 They also are talking about taking down a mature
21:29:47 30-foot pecan tree which is directly behind my fence.
21:29:51 That being removed I will be looking directly onto a
21:29:57 Nine feet.
21:29:58 Isn't that too close?
21:29:59 Why can't they relocate their property closer to
21:30:05 Put the parking in the rear and leave the tree.
21:30:08 They have said they would put in mature landscaping.
21:30:11 Then why can't they leave the tree?
21:30:13 I have a picture of my yard.
21:30:18 The building would come to about here.
21:30:28 Nine feet.
21:30:31 And from the other side, this is the pecan tree from
21:30:35 your vantage point.
21:30:37 And as you can see where my house is right here, where
21:30:40 the pecan tree is in the front.
21:30:45 Also, they are planning on putting only a vinyl fence
21:30:51 as a barrier between my beautiful backyard and their
21:30:54 medical facility.
21:30:54 I was under the impression that a commercial property
21:30:56 had to put up a masonry wall.
21:30:59 Do I have any say in this?
21:31:01 I feel they are not being neighborhood friendly.
21:31:04 I don't pretend to understand the zoning laws or the
21:31:07 architectural plans as I have been a nurse at Tampa
21:31:09 general for the past 20 years, but this just does not
21:31:12 feel right.
21:31:12 I'm aware that progress does happen, but feel they
21:31:15 should maintain the integrity of our neighborhood,
21:31:18 complying with the city requirements for commercial
21:31:21 These goo guidelines were put in place with much
21:31:23 thought to surrounding neighborhoods and should be held
21:31:25 to the zoning requirement.
21:31:29 Just an aside I would be thrilled with the buffering
21:31:32 that the last property had, but I don't see that that's
21:31:37 going to happen here.
21:31:38 I also have a letter from my next door neighbor who is
21:31:42 out of town, if I can just give that to you.
21:31:46 And, again, I am strongly opposed to the zoning change.
21:31:50 Please don't let them build nine feet from my property
21:32:00 >>THOMAS SCOTT: Next speaker.
21:32:00 >> I'm Alicia Bigola, east Bradford Avenue, 33609, and
21:32:12 I'm sworn in.
21:32:17 >> Have you testified?
21:32:18 >> No, I have not.
21:32:19 I am concerned with the scale style and increased
21:32:22 traffic due to the proposed building.
21:32:23 My area, many areas in South Tampa are heavily
21:32:27 regulated with the historic preservation of Tampa.
21:32:31 Henderson and my attached neighborhood deserve the same
21:32:35 attention to detail.
21:32:36 I am asking you to take into consideration the look and
21:32:38 safety of this area.
21:32:40 We ask for a visually pleasant and save integration
21:32:43 with existing commercial and residential properties.
21:32:46 One proposition is to close Bradford at Henderson.
21:32:51 I am requesting this be a requirement to the rezoning
21:32:53 so that this large medical building is not on the same
21:32:57 street as my single-family home where I raised two
21:33:00 small children.
21:33:01 It is directly in line with my house.
21:33:05 I would like to close the street and also ask Q that
21:33:08 you have three metal signs and call the problem solved,
21:33:13 that there is a finished curve with modular landscape
21:33:16 at the buffer between our street and the new building.
21:33:22 There should be a buffer between the neighborhood as we
21:33:24 think it's necessary.
21:33:26 I'm also requesting a permeable parking lot as flooding
21:33:29 is a problem in South Tampa and runoff from this
21:33:33 expansive asphalt is anything less than green, and it
21:33:37 is covering every inch of the parcel.
21:33:41 My urgent request is that you close Bradford, and I
21:33:44 just want to say that we should seek to add value to
21:33:47 our neighborhood, not to Chip away at our already
21:33:50 bottomed out market we homeowners are finding ourselves
21:33:54 Thank you.
21:33:58 >> Good evening.
21:33:58 My name is Michael Yigh, 106 south Lincoln Avenue,
21:34:05 I have been sworn in.
21:34:06 I have not spoken before, before the council.
21:34:11 I am not really active in the neighborhood.
21:34:13 I got a flyer about this proposal.
21:34:16 I live two streets to the west of this proposed
21:34:20 I live on Lincoln Avenue.
21:34:22 Bradford is Henderson, Bradford and me.
21:34:26 I live on the corner of Kennedy and Lincoln and I can
21:34:28 attest to what it's like to live next to a business.
21:34:31 There's one house between me and a so-called doctor's
21:34:34 complex, a botox center, day spa and hair salon.
21:34:38 My understanding is that it's not complying.
21:34:40 It's zoned for small business.
21:34:42 And this hair salon is not complying.
21:34:44 There's also a 24 hour massage on the corner as well.
21:34:51 I'm opposed to this.
21:34:52 I ask the zoning remain.
21:34:53 There's a reason it's zoned, to protect neighborhoods.
21:34:56 Our neighborhood is very fractured.
21:34:59 By very busy streets.
21:35:01 You might say that goes with the territory, the
21:35:03 We are surrounded by MacDill, Azeele, Henderson,
21:35:10 The people who are directly affected that live next to
21:35:12 this property, I feel for them.
21:35:14 We stand united.
21:35:16 I would not want this large commercial building next to
21:35:18 my home as well.
21:35:22 Is my time up?
21:35:24 So I oppose this zoning change.
21:35:26 I think that it is too intense.
21:35:28 I saw the nice marketing package that they sent me.
21:35:32 The first I had was, wow, very intense, very big, and
21:35:35 like what would stop them from leasing it out to make
21:35:39 That's what I would do as a small business owner.
21:35:42 I'm all for free enterprise but I think a two-story
21:35:45 dental complex with a second story is, hey, let's lease
21:35:48 it out to other businesses.
21:35:49 And this is the first time I heard of consideration of
21:35:52 closing Bradford.
21:35:53 I live on Lincoln.
21:35:54 They have already blocked off Gray Gables.
21:35:58 They already cut -- if Bradford will be closed, I'm
21:36:01 curious how Lincoln where I live would be affected by
21:36:04 closing Brad forward with this car wash and the cigar
21:36:09 place is.
21:36:10 People race up and down the streets.
21:36:13 So I am opposed to this, the intensity, the size of it,
21:36:15 and I believe it should be transitional, small complex,
21:36:19 because if I live next to that building, I would say, I
21:36:22 want to sell my property.
21:36:23 And who would want to buy it?
21:36:25 Another business.
21:36:26 It's just a Domino effect.
21:36:29 If you allow encroachment in the neighborhood this is
21:36:31 going to continue on.
21:36:32 So thank you.
21:36:36 >> My name is Vicki Kajenski.
21:36:41 I have been sworn in.
21:36:42 I have not spoken before.
21:36:43 I live at 107 south Matanzas Avenue.
21:36:48 My husband and I share a property line with the site.
21:36:52 And in its present form I strongly oppose to any zoning
21:36:56 change until there is better understanding of the size
21:36:58 and scope of this project and impact it would have on
21:37:00 our family, my neighborhood.
21:37:02 Myself and several of our neighbors were not legally
21:37:05 notified of the rezoning request.
21:37:07 Although I have had not had an opportunity to verify it
21:37:09 is a logical conclusion that others within the 250-foot
21:37:12 radius were also not properly notified.
21:37:17 We did receive something in the mail but I thought it
21:37:21 was junk mail, and we opened it recently.
21:37:25 Frankly, this is a source of a great deal of confusion
21:37:29 taking place now in my neighborhood.
21:37:33 What we can do and what cannot be built on this site
21:37:35 and the true impact it will have.
21:37:37 On this Monday evening, three days ago, the architect
21:37:40 and the developer agreed to improvements on the
21:37:42 property as they met with the neighborhood that
21:37:45 included additional landscaping that would serve as a
21:37:47 buffer between my home and the new building.
21:37:51 We re-- they discussed enclosing the stairwell on the
21:37:55 back of the property that I would look at, and improve
21:37:58 detailing on the back wall that faces my home.
21:38:01 They promised to write a revised site plan on Tuesday
21:38:04 evening or Wednesday morning so that we would have time
21:38:07 to review the changes before tonight's meeting and we
21:38:09 did not receive that.
21:38:12 How can we make an informed decision that will impact
21:38:14 our neighborhood for years to come when we have not
21:38:17 been provided the critical information?
21:38:21 And Mr. Rudolph, Dr. Rudolph's father, cited sort of
21:38:28 like the rice deli dispute.
21:38:31 Rice is a great place.
21:38:32 I'm sure Dr. Leslie is a wonderful practitioner.
21:38:35 I have friends that send their children to her.
21:38:37 I don't think that's what she's disputing.
21:38:40 I think we are disputing the zoning change.
21:38:42 And she wants the PD zoning which would be allow her to
21:38:47 have her property nine feet from my property, where my
21:38:53 newborn's window would be, and all her customers, and
21:38:56 she would rent out assuming the top, as one of my
21:39:00 neighbors talked about.
21:39:01 Which would have more traffic, more parking, the lights
21:39:06 would be right in my family room, the two-story
21:39:10 building everyone would be able to see what's going on
21:39:12 in my house.
21:39:13 So I'm totally against this zoning.
21:39:15 I think we should leave it how it is, and she can have
21:39:18 a practice there, but within that zoning.
21:39:21 Thank you.
21:39:24 >>THOMAS SCOTT: Next speaker.
21:39:25 >> Peter, 209 south woodland, one street over from the
21:39:34 proposed site.
21:39:35 I did not speak before.
21:39:39 I have known Dr. Rudolph.
21:39:52 My four-year-old son goes to her practice.
21:39:55 I'm not disputing that she's a wonderful, wonderful
21:39:59 dentist, and a great person.
21:40:01 I have talked to her several times on the phone.
21:40:04 I have been trying to get this thing resolved between
21:40:06 my neighbors and Dr. Rudolph.
21:40:10 I have been a developer be in City of Tampa, and had an
21:40:14 architectural degree, so I felt like I could help her
21:40:17 out, I would be more than happy to.
21:40:20 We did have a meeting on the site on Monday, did talk
21:40:22 to the developer and the architect.
21:40:24 A couple of things came to light to me that I noticed.
21:40:26 One, you know, they are asking for a PD on this site,
21:40:30 versus leaving the RO-1 and asking for a special use.
21:40:35 If they did just ask for a special use like we just saw
21:40:38 a couple minutes ago, they would have to abide by the
21:40:42 RO-1 requirement which is a 20 on the -- foot rear
21:40:47 I think that's what a lot of my neighbors are
21:40:49 complaining about, the proximity of the building total
21:40:51 rear setback, because with the PD they have move it to
21:40:55 Not only is it eleven feet past the setback line, it's
21:41:00 actually another foot into the buffer which is ten foot
21:41:01 off the back property.
21:41:03 So those are the kinds of impacts that my neighbors are
21:41:07 looking at.
21:41:08 But we did try to mitigate that a little bit with the
21:41:10 developer, talked about closing in the stairways around
21:41:13 the back of the side of the building that neighbors do
21:41:15 have been to look at, putting in mature landscaping and
21:41:18 trees, promised me that he would get a committee to
21:41:21 review it and on behalf of the neighbors on Tuesday,
21:41:24 did not receive it.
21:41:25 On Wednesday did not receive it.
21:41:27 I did finally get in touch with him after several calls
21:41:30 Wednesday, and he told me that he was busy, he wasn't
21:41:33 able to get around to it, but I would have it by today
21:41:35 at noon so I could have time to review it so I could
21:41:38 tell the neighbors, you know, there's nice buffering,
21:41:42 and at noon I got a call exactly at noon saying, you
21:41:45 know, maybe a few more hours.
21:41:47 And I didn't receive it anything till about 5:00 I got
21:41:50 a call, saying, can I send to the you now?
21:41:53 An hour before the meeting.
21:41:54 So Wan Vicki said before me that we haven't had time to
21:42:01 really look at what they are proposing, you know, to
21:42:06 soften the impact of the PD versus leaving it RO-1 and
21:42:09 asking for a special use, we haven't had time to do
21:42:12 So with that said, you know, without the reviewing the
21:42:17 mature landscaping, whether they are closing the
21:42:19 stairwell or not and making the building in the rear,
21:42:22 you know, aesthetically pleasing at promised, you know,
21:42:26 I would have to go in favor of my neighbors, and be
21:42:32 opposed of the zoning.
21:42:33 I think if one thing we could learn with the life-style
21:42:40 in the neighborhood, the buffers and giving everything
21:42:43 away from the neighbors, in this case, I don't think
21:42:51 >> Thank you, sir.
21:42:52 Next speaker?
21:42:57 >> Lori Bergman.
21:43:00 I have been sworn in.
21:43:00 I haven't spoken before.
21:43:01 I'm reading a letter tonight from Dr. Natalie Carr who
21:43:05 is not able to be here tonight.
21:43:06 She wanted to be here but she's the current president
21:43:08 of the Florida academy of pediatric dentistry and they
21:43:11 have their annual executive meeting tonight in Orlando.
21:43:14 I wanted to be here to support Dr. Rudolph in the
21:43:16 zoning of the land for her dental office.
21:43:18 I have known Dr. Rudolph for the last two years and she
21:43:21 is a great colleague and friend.
21:43:23 Dr. Rudolph is a person of outstanding character who is
21:43:27 always willing to be of help to friends and her
21:43:29 For several years I have been one of the organizers
21:43:33 forgive kids a smile and smile Fridays, two programs in
21:43:35 Hillsborough County that provide pro bono care for
21:43:38 children below the poverty level.
21:43:40 In both programs, I'm one of the individuals who seek
21:43:43 dental volunteers to take time out of their office to
21:43:45 provide these much-needed free services to
21:43:48 underprivileged children.
21:43:49 I know I can always count on Dr. Rudolph.
21:43:51 She's always the first to volunteer and the last to
21:43:54 leave the day of the event providing thousands of
21:43:56 dollars of free dentistry for children in need.
21:43:59 We are very lucky to have someone with Dr. Rudolph's
21:44:02 skill and knowledge in our community.
21:44:04 She ranks first in her dental school class, first in
21:44:07 the nation on written pediatric dental boards and first
21:44:10 in the nation on her oral board examination.
21:44:13 She volunteers as one of the pediatric dentists on the
21:44:18 quest pallet and taught about oral disease.
21:44:22 A person this highly qualified with an altruistic
21:44:27 experience is a rare find and we as a community should
21:44:30 embrace the opportunity to have her serving our
21:44:32 I'm a member of this community on Arrawana Avenue in
21:44:34 South Tampa about a mile from Dr. Rudolph's land.
21:44:37 As a member of the community I urge you to consider the
21:44:39 positive impact Dr. Rudolph has made and will continue
21:44:41 to make for our community.
21:44:43 Please consider approving the change in zoning to allow
21:44:46 the construction of her dental office.
21:44:54 >> Good evening.
21:44:55 Bonnie Hoffman.
21:44:57 I have been sworn in.
21:44:57 I haven't spoken.
21:44:58 Many supporters here tonight are friends of the
21:45:02 Rudolphs, and we are here because we have adult
21:45:06 children that were raised in Tampa, and have children
21:45:10 that live in other metropolitan cities for better
21:45:17 We want our children to be the next generation of
21:45:19 Tampa's future we must make attractive for them to live
21:45:23 and work here.
21:45:24 Dr. Rudolph could have done the same but wanted to
21:45:27 return to her hometown.
21:45:28 She could have opened a practice in Pasco County or
21:45:31 northern Hillsborough with cheaper land.
21:45:34 Instead she decided to take a much greater risk,
21:45:37 purchase more expensive property we've the dream of
21:45:39 opening her pediatric dental practice.
21:45:44 This office of Dr. Rudolph's home away from home, it
21:45:49 would be reasonable to expect that she will be building
21:45:51 a high-quality project.
21:45:53 Dr. Rudolph is smart enough to know that to attract,
21:45:59 create a positive experience for her children this
21:46:01 office will need to be aesthetically pleasing and of
21:46:04 high quality for her patients as well as her neighbors.
21:46:07 Traffic to her office will be parents driving their
21:46:10 children to the appointments.
21:46:13 And I would say to the opponents of this rezoning,
21:46:16 don't lose the chance of getting a business owner of
21:46:19 this quality.
21:46:21 When Dr. Rudolph decided to become a pediatric dentist,
21:46:24 I encouraged her to make a pledge for special needs
21:46:28 children in her education and practice.
21:46:30 Dr. Rudolph provides pro bono services, a much need
21:46:34 dental care for our special needs children, those of
21:46:38 autism, downs syndrome and learning issues.
21:46:42 I respectfully ask you to vote in favor of this
21:46:45 Thank you.
21:46:47 >>THOMAS SCOTT: Next speaker.
21:46:50 >> Dr. Hector Zima, Jr.
21:46:57 I have not been sworn in.
21:46:59 >>THOMAS SCOTT: Anyone else that hasn't been sworn?
21:47:01 Stand at this time.
21:47:03 If you haven't been sworn, stand at this time, please,
21:47:05 and be sworn.
21:47:05 (Oath administered by Clerk)
21:47:07 >> Thank you.
21:47:11 I know the hour is late.
21:47:12 I'll try to make this brief.
21:47:14 I'm Hector Villa, Jr., long-time Tampa family, grew up
21:47:19 in South Tampa, live on Azeele street.
21:47:22 I'm close to this area.
21:47:26 I address two areas of concern.
21:47:27 One is the use of the property.
21:47:30 I'm a resident of this area.
21:47:31 I have no problem with this.
21:47:33 I know the pediatric dental practice.
21:47:36 I know what it's going to look like.
21:47:38 I know that the traffic patterns.
21:47:41 I'm very, very comfortable with the use of this land,
21:47:43 and for the land use standpoint, I urge you to approve
21:47:49 More importantly as the speaker before me pointed out,
21:47:52 this is a service that our community, the South Tampa
21:47:55 community needs.
21:47:57 I'm a pediatric anesthesiologist, about half of my
21:48:00 practice is caring for special needs children, children
21:48:03 with autism, cerebral palsy, Down Syndrome, special
21:48:08 needs families.
21:48:09 We need this practice in South Tampa.
21:48:10 We need this to be part of our community.
21:48:13 I have worked with Dr. Rudolph before.
21:48:15 I don't know if I will continue to work with her in the
21:48:18 I anticipate that I probably would.
21:48:21 This is not to benefit myself.
21:48:22 I'm not looking at this from the standpoint of do this
21:48:26 from a business standpoint.
21:48:28 I'm urging you to approve this from a community
21:48:36 As I said, I'm a long-time Tampa family -- this is the
21:48:40 kind of thing we need to support.
21:48:42 Thank you.
21:48:42 >>THOMAS SCOTT: Thank you.
21:48:44 Next speaker.
21:48:45 All right.
21:48:55 Anyone else?
21:49:00 >>LINDA SAUL-SENA: If you are going to speak, now is
21:49:02 the time.
21:49:02 >>THOMAS SCOTT: Does anyone else want to speak?
21:49:07 You are the last speaker?
21:49:13 Move it up a little higher.
21:49:21 Go ahead.
21:49:21 >> John Andrews.
21:49:23 I live in St. Petersburg on 13th Avenue north.
21:49:26 I own the property next to this.
21:49:29 I have a law office there.
21:49:31 I would be very pleased to have Dr. Rudolph as a
21:49:34 neighbor, very pleased.
21:49:38 But I have listened to the concerns of this community
21:49:40 about keeping the aesthetics, the low lying buildings
21:49:46 that they want.
21:49:48 There's big concerns on this.
21:49:50 She can put up a very beautiful family practice
21:49:53 pediatrics over there and take care of the concerns of
21:49:58 these neighbors.
21:49:59 I would be very pleased to have her over there.
21:50:01 One of the things that I probably have to work out with
21:50:04 her that has not been discussed is I have used part of
21:50:06 this property as an easement for many years going back
21:50:09 and forth to be a storage shed that I have on my
21:50:13 That goes all the way back to when Frank Garcia sold me
21:50:16 the property, he owned that property, when Dr. Campton
21:50:20 was there and continued to have -- he had a fence put
21:50:23 up, and I wanted access.
21:50:25 It was no problem.
21:50:26 And I'm sure that Dr. Rudolph will work with us there,
21:50:28 but we'll have to make some modifications on the
21:50:31 The other thing that the neighbors may be concerned
21:50:33 about is I don't see much buffering as far as the
21:50:37 parking lot between her lot and my lot, which is a
21:50:41 professional law office.
21:50:43 I think these things can be worked through, and I would
21:50:47 like to see her very much as a neighbor of mine.
21:50:49 But, at the same time, I think we should take into
21:50:52 consideration and the concerns of the neighbors and get
21:50:54 this to everybody's satisfaction with the compromises,
21:51:00 and probably should delay that vote.
21:51:02 I'm not opposed.
21:51:03 I would love to have her next to me.
21:51:04 >>CHARLIE MIRANDA: Just for clarity you know that pie
21:51:11 shaped area in the corner that Mr. Man used to own,
21:51:15 Frank Garcia, Mr. Man.
21:51:16 When he bought that property because he had --
21:51:19 >> I don't have the pie shaped.
21:51:24 I have the building that's right across from the
21:51:26 tobacco shop.
21:51:28 >>CHARLIE MIRANDA: I know where it's at.
21:51:28 >> Frank Garcia had to buy that and the lot next to me
21:51:33 to get his zoning for his building, 25, 35 years ago.
21:51:37 >>CHARLIE MIRANDA: Okay, thank you.
21:51:41 I don't want to go into that.
21:51:43 >>LINDA SAUL-SENA: I have a question after we hear --
21:51:49 >> Do you have a question, ma'am?
21:51:50 >>LINDA SAUL-SENA: No, sir.
21:51:51 >> No more questions.
21:51:52 Thank you.
21:51:52 I would love to have her but let's see if we can't work
21:51:56 a compromise to make everybody happy.
21:52:00 >> Did you have a question?
21:52:04 >>LINDA SAUL-SENA: Yes.
21:52:05 The pecan tree that was talked about before, I'm sorry,
21:52:08 I couldn't find in the my notes.
21:52:13 Was it protected?
21:52:15 What is the situation?
21:52:16 And was there a request for a waiver from the setback?
21:52:22 And why was that?
21:52:26 The petitioner should address.
21:52:28 >> The 20-inch pecan is located here.
21:52:33 There are four trees on-site.
21:52:35 Three palms.
21:52:37 A waiver -- there's not a waiver for tree removal
21:52:40 because the site is less than an acre and therefore
21:52:42 they are not required to retain anything.
21:52:47 So they are going to transplant the three palms, and
21:52:50 then they were going to do larger caliper species tree
21:52:53 as replacement to make up for some of the canopy that
21:52:56 was removed as part of the palm.
21:53:02 The second question is in relation to setback.
21:53:04 A PD doesn't have setbacks.
21:53:06 So there are no waivers for setbacks.
21:53:08 >>LINDA SAUL-SENA: Maybe my question would be better
21:53:11 put to the architect about how they determined to do --
21:53:16 and also about the masonry wall.
21:53:25 >>JOHN DINGFELDER: Thank you, Mr. Chairman.
21:53:26 A quick question for transportation, and for anybody
21:53:35 who is curious I handed him a note asking this question
21:53:38 so they would have time to make any appropriate
21:53:41 But my question is this.
21:53:46 The biggest concern that I heard from the neighborhood,
21:53:48 two concerns.
21:53:48 One is traffic.
21:53:50 And the other is the size and mass of the building and
21:53:53 that sort of thing.
21:53:54 But I want to focus on the traffic since you are our
21:53:57 transportation engineer.
21:54:01 Right now they have RO-1 zoning.
21:54:04 I believe they could build the exact same size building
21:54:10 with the RO-1 zoning.
21:54:12 The only reason they are in for the PD is because of
21:54:15 the use, the medical use.
21:54:17 And the medical use requires the PD instead of the RO-1
21:54:25 But my question is, what of the number of trips that
21:54:31 per day or however you calculate them that would occur
21:54:34 for a building of that size with RO-1, office use, as
21:54:40 compared to the proposed project with the PD and the
21:54:45 medical use?
21:54:46 Can you answer that be?
21:54:50 >>> Yes.
21:54:50 For the general office at 5800 square feet it would be
21:54:55 63 trips.
21:54:56 >> 60?
21:54:58 >> 63.
21:54:59 >> Per day?
21:55:00 >> Yes, daily.
21:55:03 Hold one second.
21:55:04 It would be a difference of 77 trips for 2900 for
21:55:35 medical and 2900 for general office.
21:55:37 >> So the total trips for the proposed one that I said
21:55:42 with the RO-1 is 63?
21:55:45 And what their proposing is how much --
21:55:49 >> 140 trips.
21:55:50 >> 140.
21:55:52 So let's say ballpark double.
21:56:00 How many trips -- and I know you don't have this off
21:56:03 the top of your head but maybe you have a sense -- how
21:56:05 many trips are there on Henderson Boulevard per day?
21:56:20 I don't want you testifying yet, Steve.
21:56:23 I can hear from our staff.
21:56:24 Jim can bring you up when he wants to.
21:56:26 No offense.
21:56:27 >> While he's checking that out, Mr. Dingfelder, I want
21:56:33 to clarify under the RO-1, .5, they could put a 9,000
21:56:38 square foot building there, and general office at 3.3
21:56:41 parking spaces per thousand, they would only be
21:56:44 required 27 spaces, and they could potentially park it.
21:56:47 So I just -- I know you use the 5800 under the RO-1 for
21:56:52 straight office, but the maximum developable could
21:56:54 potentially be 9,000.
21:56:57 >>THOMAS SCOTT: That's a good clarification.
21:56:59 >> Do you want the volume?
21:57:05 That would be 9,938 trips.
21:57:09 >> Henderson Boulevard has 9,000-plus trips per day?
21:57:12 >> Yes.
21:57:13 >> All right.
21:57:14 Thank you.
21:57:18 >>THOMAS SCOTT: Any other questions by council?
21:57:21 >>LINDA SAUL-SENA: Could we get that question
21:57:25 The question was how come it's a wood fence -- could
21:57:28 the wood fence be replaced by masonry?
21:57:34 If we reduce the front drive aisle, on the other one we
21:57:38 could scootch the building up, save the pecan tree and
21:57:42 provide that additional buffering for those neighbors.
21:57:44 >>JOHN DINGFELDER: For a PD?
21:57:52 >>LINDA SAUL-SENA: I think that's a relevant question.
21:58:06 >>> I have been sworn.
21:58:08 Two things.
21:58:12 Every inch counts on this site without a doubt.
21:58:15 I asked for 24-foot from 26 because that's typical.
21:58:19 If we can go to 22, it probably will work.
21:58:24 It can be a little tight.
21:58:26 But the only concern I have is moms drive bigger cars
21:58:36 But if we do that, I'm not sure that the pecan tree is
21:58:37 going to be able to be saved.
21:58:38 We did try to save the pecan tree.
21:58:40 At the very first meeting we had with staff, we looked
21:58:43 at many alternatives to try to save the tree.
21:58:46 Unfortunately, we are transplanting the tree --
21:58:50 >>LINDA SAUL-SENA: But those are palms.
21:58:52 >>> I understand that.
21:58:52 But we are providing 12 new trees.
21:58:55 We agreed to go up on the caliper from 2 to 4.
21:58:58 It's very tight, tight size, 18,000 square feet.
21:59:02 >> If you had two more feet couldn't you move it up?
21:59:05 >> Yes, I don't think we would have any issue with
21:59:07 moving the tree, but I don't think that's going to save
21:59:09 the tree.
21:59:09 The tree is right now basically on the corner of the
21:59:11 property, where the corner of the building is going.
21:59:16 And landscape wants a minimum of six feet.
21:59:21 So we probably are very thin.
21:59:25 We are still off about four feet probably.
21:59:27 We can look at maybe lopping off the corner, but I
21:59:31 don't see -- I look at the pecan tree.
21:59:34 It was suspect at the time we looked at it.
21:59:36 Maybe it's more healthy now.
21:59:38 I'm not a tree expert.
21:59:39 >>THOMAS SCOTT: Okay.
21:59:41 >>LINDA SAUL-SENA: Masonry wall.
21:59:42 >>> We are asking for a six-foot vinyl fence in lieu of
21:59:48 the masonry wall for two reasons.
21:59:50 One, we had the large grand oak tree to the south of
21:59:53 the property that's technically on the property to the
21:59:56 So that 40-foot of that under canopy, transportation --
22:00:01 I'm sorry, that canopy has already been asked by staff
22:00:07 not to put a wall there because it will hurt the --
22:00:09 >> But what about the --
22:00:11 >> Sure, and the other part, all of that, we are
22:00:14 proposing a solid vinyl feigns fence, not an open web
22:00:19 type of fence.
22:00:19 And at the time, didn't get any pushback at all from
22:00:23 the neighborhood about a fence versus a wall.
22:00:25 >> Did you talk to the people who live on the other
22:00:27 >> Yeah, we did, on Monday, and I don't think that was
22:00:30 an issue.
22:00:31 Again, it wasn't specifically a fence.
22:00:34 It was landscaping above and beyond the fence which we
22:00:36 can talk to you I think more specifically after some
22:00:39 more testimony.
22:00:40 But that particular fence issue frankly had not come up
22:00:47 It didn't come up in the last public hearing.
22:00:52 No one said they were opposed to a six-foot -- I mean a
22:00:55 masonry fence as opposed to a vinyl fence with a
22:00:59 masonry wall.
22:01:02 >>THOMAS SCOTT: Any other questions by council?
22:01:05 >>MARY MULHERN: I'll wait till after the rebuttal.
22:01:14 >>THOMAS SCOTT: You may want to ask so he can have a
22:01:16 final word.
22:01:17 >>MARY MULHERN: All right, I'll ask now.
22:01:19 I'll try to be fast.
22:01:20 We got a number of e-mails today from neighbors, and we
22:01:27 heard from people saying that they did have this
22:01:30 meeting, but they have a number of concerns, some of
22:01:36 which Linda brought up and John brought up, but wasn't
22:01:43 this continuance -- I wasn't here last week, so wasn't
22:01:47 this continuance for you to work out with the neighbors
22:01:51 these issues?
22:01:56 >>JIM SHIMBERG: Jim Shimberg.
22:01:57 >> What was the continuance?
22:01:58 >> I was not involved in the first hearing.
22:02:01 But it was for the Bradford issue to be looked at for
22:02:07 transportation and then report back.
22:02:08 In the meantime we took the opportunity, and we had a
22:02:10 number of e-mails and that one meeting with the
22:02:13 neighbors and I can address some of those points when I
22:02:16 have a chance on rebuttal.
22:02:17 But my understanding was the purpose of the continuance
22:02:19 was to ask transportation to loon at the Bradford
22:02:24 It wasn't a continuance because we ran out of time.
22:02:27 >> and so it was transportation who said that they need
22:02:31 to do the study?
22:02:33 >> Well, legal said that you can't tie that to had
22:02:36 >> Oh, we can't even consider that be?
22:02:38 >> That's right.
22:02:39 >> Well, then, let me tell what you the concerns are if
22:02:42 you haven't heard them all.
22:02:44 >>THOMAS SCOTT: He heard them.
22:02:46 >>MARY MULHERN: You heard?
22:02:48 >>GWEN MILLER: He has them.
22:02:50 >>MARY MULHERN: The landscaping.
22:02:52 Moving the building from Henderson.
22:02:54 Details on the lighting.
22:02:58 Glass block to be used on the adjacent property, facing
22:03:01 adjacent properties.
22:03:05 Improved detailing on the back wall for more
22:03:08 residential look.
22:03:09 And written confirmation of all these.
22:03:13 So I guess that would be written on the site plan.
22:03:16 And just address if any of that is possible or what you
22:03:22 agreed to, because people are saying that thereby was,
22:03:25 you know, a discussion, and you agreed to do some of
22:03:28 these things.
22:03:28 But we don't know that.
22:03:37 >>JIM SHIMBERG: Holland and Knight representing reign
22:03:39 dear dentistry, the applicant in this case.
22:03:41 I would like to put two letters in the file, one from a
22:03:44 resident on Bradford, 211 supporting the project.
22:03:47 Another one from Dr. One of Dr. Rudolph's patients.
22:03:52 Second of all, I would like to just clarify a couple of
22:03:55 >>MARTIN SHELBY: I'm sorry, this is your rebuttal,
22:04:00 >>JIM SHIMBERG: Yes.
22:04:02 Just to clarify a couple of points.
22:04:03 A lot of you recall there was a prior hearing on this
22:04:07 property, where the doctor was looking for a new office
22:04:15 and the case was denied by City Council.
22:04:17 What I want to mention is that Dr. Rudolph -- and you
22:04:19 have heard about how great a person is and her
22:04:23 Half the room is filled with her friends and colleagues
22:04:25 and family friends who feel so strongly about her they
22:04:29 want to be here for her.
22:04:31 She carefully reviewed that transcript, council's
22:04:33 comments, neighborhood comments, and she made a lot of
22:04:36 changes to the project before she even started.
22:04:38 She said, let's close the access on Bradford.
22:04:41 That's not appropriate.
22:04:42 Let's move the entrance down on Henderson as far as
22:04:44 possible with the neighborhood.
22:04:46 We know that we could build up to 9,000 square feet
22:04:49 under the current zoning.
22:04:50 And a lot of medical cases you see the people are in
22:04:53 here asking for waivers and arguing they don't need
22:04:56 quite as much parking as the code requires but she
22:04:58 wanted to absolutely have enough parking for all of her
22:05:00 patients and not have any of it intrude into the
22:05:03 So chapter 13, put together a plan that was going to
22:05:06 meet the requirements of her dental office, as well as
22:05:10 have some professional office on top for another
22:05:13 business that they have.
22:05:14 And there's been a lot of -- discussion with the
22:05:17 neighborhood about their dentist is only 1100 square
22:05:20 feet or 1200 square feet, and Dr. Rudolph's pediatric
22:05:24 practice has some different requirements.
22:05:26 There's need sometimes to get children away from the
22:05:30 rest of the patients, so she carefully designed the
22:05:32 space for what she needed.
22:05:35 And that is very important.
22:05:37 In the meeting with the neighborhood, it really wasn't
22:05:40 like a meeting where we spoke to the neighborhood.
22:05:42 It was really more of a lot of individual meetings,
22:05:44 where architects and developer, myself, Dr. Rudolph,
22:05:49 and some other people were sort of individually talking
22:05:50 to groups of people, and there were a lot of things
22:05:53 talked about, and we absolutely talked about getting
22:05:56 them some additional detail on landscaping plans, and
22:05:59 greatly apologize that that did not happen as quickly
22:06:02 as we thought it would because we wanted to not just
22:06:05 give them something, we wanted to make sure it was
22:06:07 going to work, make sure that the plant species would
22:06:10 be appropriate, and Mr. Levy can speak to that if you
22:06:16 want and go into some detail about what we are
22:06:17 proposing on landscaping.
22:06:17 There is also some confusion about why we didn't get a
22:06:19 new site plan and other things.
22:06:21 And we tried to explain that we were not allowed to
22:06:23 make any changes to what we submitted until after
22:06:26 council decided what they wanted to do.
22:06:28 And anything that we committed to or council decides
22:06:31 that we need to commit to will be on the plan that's
22:06:35 resubmitted in time for second reading.
22:06:42 In terms of the issues that you raise, the landscaping,
22:06:44 I think we can go into more detail, and I'll have Mr.
22:06:48 Levy do that in just a minute.
22:06:50 In terms of the vinyl fence versus masonry wall, we
22:06:58 thought we had agreement but if those immediately
22:07:01 affected would rather have masonry wall, that Dr.
22:07:03 Rudolph will do that.
22:07:05 I heard just tonight in talking to neighbors some
22:07:07 people say, yes, some people say no.
22:07:10 So in terms of the changes to what the building is
22:07:12 going to look like, we showed them a different
22:07:14 rendering that included the roof line all the way
22:07:18 across from the porch in the front, and it was
22:07:21 different from -- a little bit different from what they
22:07:23 showed you at council two weeks ago, and what that says
22:07:26 is you don't really regulate exactly what the building
22:07:30 is going to look like.
22:07:32 We can show you that the rendering -- and that is what
22:07:34 we are going to build.
22:07:35 But that's not absolutely required based on what you
22:07:40 approved, because you are just approving the mass and
22:07:42 the scale of the building.
22:07:45 In terms of the issue that Mrs. Saul-Sena just raised
22:07:48 about possibly reducing, we can try to do that.
22:07:53 And, you know, he's willing to obviously move the
22:07:57 building a little bit further away, and we would love
22:08:00 to save that tree if we could.
22:08:03 They tried a lot of different things.
22:08:04 And the site plan was prepared with a lot of thought
22:08:06 and a lot of reference to issues that have been raised
22:08:10 So, you know, we are here saying that Dr. Rudolph wants
22:08:15 to be a good neighbor.
22:08:18 If somebody asked me if this would set a bad precedent
22:08:21 for the property adjacent to this on Bradford, and if
22:08:23 that might come in as a commercial, and I tried to
22:08:26 explain that this is on Henderson.
22:08:28 This is on Henderson, not on Bradford.
22:08:30 We are closing the access on Bradford.
22:08:32 So we are doing everything that we can to be a good
22:08:35 We have had a lot of discussions with representatives
22:08:38 of the neighborhood.
22:08:39 They are very close knit neighborhood where a lot of
22:08:41 people lived there for a very long time and we have
22:08:44 tremendous respect for that.
22:08:45 And even through tonight while we are waiting for the
22:08:48 first case we had a lot of discussion was different
22:08:51 And some people sometimes tend to gets a little
22:08:55 frustrated but we are doing the best we can.
22:08:56 It's just that it seems like there's a lot of requests
22:09:00 that are not totally consistent, and like I said we are
22:09:03 trying to accommodate, now, what we think is in the
22:09:06 best interest of the whole project, and the
22:09:08 And, you know, try to also explain to people that we
22:09:12 are proposing something, and the neighborhood has an
22:09:15 opportunity to state their issues, which they have, and
22:09:17 now you are the council that gets to decide if what we
22:09:21 are asking for is appropriate, that it was consistent,
22:09:25 and your zoning staff said with the changes to the site
22:09:28 plan that have been agreed to and will be consistent,
22:09:30 and so you guys are the decision makers, and we are
22:09:34 here to answer any questions.
22:09:35 If you would like Mr. Levy to go through the
22:09:37 landscaping plan he's happy to do that now.
22:09:39 >>THOMAS SCOTT: Thank you very much.
22:09:40 Councilman Dingfelder.
22:09:41 >>JOHN DINGFELDER: Mr. Shimberg, just a couple of
22:09:45 I don't know that we need to see it at first reading,
22:09:49 but I think perhaps before second reading, I think we
22:09:51 need to see that the back wall has maximum plantings,
22:09:57 and I think going back to the last hearing, I think the
22:10:01 example that Ms. Grimes showed to buffer that project
22:10:05 was very well done.
22:10:06 There's a lot of trees.
22:10:07 There's a lot of shrubs.
22:10:09 But it's not low shrubs because I think below 6 feet is
22:10:15 You need to tall plant tall fast growing things
22:10:20 whatever can fit back there.
22:10:22 We don't need to see that tonight but I would say
22:10:24 before second reading, I'm sure we and the neighborhood
22:10:27 would like to see it.
22:10:28 The other thing is from a privacy perspective this is
22:10:31 close to the back wall.
22:10:32 So I would hope, you don't have a rendering that shows
22:10:34 the back of the building.
22:10:35 But what I would hope is that instead of windows that
22:10:41 maybe it's just lights, you know, high-level lights or
22:10:46 something like that.
22:10:47 So that way, you get your light into the rooms, but
22:10:51 people can't see in and out of whatever is going to be
22:10:54 happening on the second floor.
22:10:57 That's what I would like to see in the detail.
22:11:00 And I don't see where that would be a big deal.
22:11:02 I think in closing the stair wells it's probably a
22:11:07 privacy issue because once people get up there at the
22:11:09 top of this stairwells, they are going to be able to
22:11:11 peer over those walls.
22:11:13 And I would think if I lived back behind those walls
22:11:15 and this building is as close as it is, I would think
22:11:18 enclosed stairwells would be a good idea.
22:11:22 I would say slide the building toward Henderson as much
22:11:24 as you can safely do it.
22:11:26 And the masonry wall, if they want a masonry wall.
22:11:29 I believe in masonry walls because they hold up and I
22:11:32 have seen these PVC things start falling apart after
22:11:36 about ten years.
22:11:37 It's not that they decompose.
22:11:39 They just start slipping and doing weird things.
22:11:41 So those are my suggestions.
22:11:44 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.
22:11:49 When we were asked by Plant High School to allow a
22:11:53 building and the neighbors on the other side of where
22:11:54 the two-story building was going to be created raised
22:11:58 the issue about the glass blocks for privacy, there
22:12:02 were reasonable issues, and I think that what we are
22:12:05 trying to do here, the normal setback as now is much
22:12:08 greater than nine feet.
22:12:09 So I believe that Henderson is indeed a commercial
22:12:15 But we have the residences smack up at the back and we
22:12:17 need to protect them.
22:12:18 So with the direction that council is providing, to
22:12:21 provide the additional protection to the neighbors to
22:12:24 the rear through landscaping and through, you know,
22:12:27 switching out the masonry, if you can't protect the
22:12:34 pecan tree which does appear to provide a tremendous
22:12:37 amount of -- I always believe -- I have a tree that
22:12:40 somebody said is going to die ten years ago.
22:12:42 It's there.
22:12:42 It's flourishing.
22:12:44 I figure you should give it a shot and saving it.
22:12:47 And if it has to come down it does.
22:12:49 But in the interim it provides a lot of privacy to the
22:12:51 neighbors to the other side.
22:12:53 We heard from neighbors tonight that we didn't hear
22:12:55 from the first time.
22:12:56 And we need to respect their concerns about privacy.
22:13:01 I think that this can be a win-win for all of us, for
22:13:03 the neighborhoods, for the dentist, for the children.
22:13:11 With those directions, how do we get that on the site
22:13:17 plan between first and second reading?
22:13:19 >> I don't know that you do, to be honest with you.
22:13:23 Abbye Feeley, land development.
22:13:25 You know, the vast array of things we have been
22:13:28 discussing, our new problem sees requires that if you
22:13:32 are motioning for modifications between first and
22:13:37 second reading that those modifications you are at a
22:13:38 point they can be certified by the zoning
22:13:42 Beefing up the landscaping and making sure it's this
22:13:44 and that, he has to know what that means, so when it
22:13:47 comes back on a plan, it's there.
22:13:49 I want to make a comment about enclosing the stairwell.
22:13:52 Our growth floor area definition includes stairwells as
22:13:55 part of square footage.
22:13:59 If they enclosed all of those, they may then need a
22:14:02 parking waiver.
22:14:04 If there is a way around that, you know, to talk about
22:14:08 looking at different modifications to that, we could do
22:14:11 But it would increase the square footage of the
22:14:13 building, which would then require parking.
22:14:15 They don't curl currently have a parking waiver.
22:14:18 So that might result in one.
22:14:21 I want to be upfront about be the comments that are
22:14:23 coming back.
22:14:24 >>JOHN DINGFELDER: That's a technical waiver.
22:14:26 >>LINDA SAUL-SENA: I was going to say, if the
22:14:28 neighborhood values the stairwell being closed, I think
22:14:31 they could look at the parking waiver because it's not
22:14:34 going to be in a real way increase the utility of the
22:14:37 >>ABBYE FEELEY: The shift being of the building to
22:14:41 save the palm pecan, I talked to her about the saving
22:14:45 of the pecan tree.
22:14:46 She said it would not provide the construction, once to
22:14:50 get that close and not be able to have the six foot.
22:14:52 Shift it a little bit and make the drive aisle 20 feet
22:14:55 and only pick up the two foot from the shifting and
22:14:58 It's probably far better to proscribe a larger caliper
22:15:01 tree along that buffer there to achieve that sort of
22:15:12 I really don't know that I feel comfortable saying that
22:15:15 we could do all of those modifications between first
22:15:18 and second reading and come back with a plan to you
22:15:20 that is a plan that, oh, well, that wasn't what I was
22:15:23 looking for, it needs to be more like this, and not end
22:15:26 up back at first reading again.
22:15:28 So we want to work through these things and really
22:15:31 spell them out.
22:15:32 And if you have a landscape plan that you feel right
22:15:34 now can accommodate some of those things and you all
22:15:37 look at that and you say, yes, that's exactly it, and
22:15:40 we can get some more prescriptive type of motion, then
22:15:43 I'm good with that.
22:15:45 But kind of the more out there little loose things, I'm
22:15:51 not as comfortable moving forward.
22:15:53 But given the concerns being expressed by all the
22:15:55 parties here.
22:15:56 >>MARTIN SHELBY: If I can just follow up, just to
22:15:58 refresh council's recollection, when you do make a
22:16:01 motion like that, when do you come back on second
22:16:03 reading you don't get to see the site plans, and just
22:16:06 that they have been certified and they are available if
22:16:08 you like.
22:16:09 And council usually moves forward with second reading
22:16:11 on that basis, because you have that specificity.
22:16:13 Now exactly what you have directed them to do.
22:16:16 >>LINDA SAUL-SENA: Maybe they have got the site plan
22:16:20 in their pocket.
22:16:21 Could we see what you have got, see if this concerns
22:16:24 the neighbors?
22:16:31 >>> masonry wall, also.
22:16:33 >>THOMAS SCOTT: Let me just say, I was not aware this
22:16:36 was going to take thus far 1 hour 15 minutes P.I was
22:16:42 told by staff we were going to do this in about 10 or
22:16:44 15 minutes and move to the next case.
22:16:46 Now we are redrawing the whole plan.
22:16:50 >> In a.
22:16:53 >>THOMAS SCOTT: I have some concerns.
22:16:55 I really do.
22:16:56 >>LINDA SAUL-SENA: Mr. Chairman, a couple of the
22:17:01 things that I raised, the issues have gone away because
22:17:03 I'm told they are not possible.
22:17:05 They have already agreed to shift the wood wall, the
22:17:09 masonry wall.
22:17:10 If the landscaping is dense enough we can move ahead.
22:17:12 It will probably take you two minutes to explain it to
22:17:14 Could you explain it?
22:17:15 Maybe that will solve it.
22:17:16 >>THOMAS SCOTT: Well, two minutes turns into about 20
22:17:22 >>LINDA SAUL-SENA: I think they could do it.
22:17:24 Hit it.
22:17:27 >>THOMAS SCOTT: We spent three hours on one case
22:17:29 >>> I'll keep it short.
22:17:33 My name is Jonathan levy, 1501 west Cleveland street.
22:17:40 I have been sworn and I have not spoken.
22:17:42 >>JOHN DINGFELDER: Zoom out.
22:17:59 >> We spent a lot of time in the neighborhood talking
22:18:01 to neighbors about their concerns, and we understand
22:18:03 that they are looking for substantial buffer.
22:18:06 What we provided tonight is a plan showing a row that
22:18:12 runs the entire length of this back property line,
22:18:14 swells up this side, which is a minimum of ten feet to
22:18:20 start, and it will grow taller than that.
22:18:22 And it's full hedge all the way through.
22:18:27 One of the things is the pine species.
22:18:31 We have a couple of different possibilities.
22:18:34 But it will be a dense planting.
22:18:37 And we need to make sure that what we are going to
22:18:39 plant there is going to grow and be sufficient.
22:18:42 In addition to the hedge row that we are planting, we
22:18:44 have added a number of palm trees along the back, along
22:18:49 both of these sides, and we believe that that again is
22:18:55 what the neighbors have asked us for.
22:18:55 We have talked about it.
22:18:56 We told them we would give it to them and now we have
22:18:59 it on the drawing.
22:19:03 As far as the wall goes, we have talked about that, and
22:19:05 it was kind of a consensus in my mind, anyway, that a
22:19:10 block wall was -- the fence was going to be a softer
22:19:15 finish in their back yards.
22:19:16 If he this want a block wall along there, we are not
22:19:19 opposed to that.
22:19:20 But we thought with this hedge row, with the new palm
22:19:22 trees, that the vinyl fence was going to be a better,
22:19:25 more -- a better transition for them.
22:19:28 But we are not opposed to putting in a block wall.
22:19:33 Can I answer any other questions?
22:19:34 >>JOHN DINGFELDER: Windows?
22:20:00 >>THOMAS SCOTT: State your name for the record again.
22:20:01 >> (away from microphone).
22:20:27 >>JOHN DINGFELDER: Maybe frost them.
22:20:32 (hand microphone is not on)
22:21:27 >>JOHN DINGFELDER: All right.
22:21:28 That's fine then.
22:21:30 I thought it was daily use.
22:21:34 I still think that the windows should be frosted.
22:21:38 I understand aesthetically that you want them to match
22:21:41 and that makes sense.
22:21:42 But I think they should be frosted.
22:21:44 Because if I was back there --
22:21:48 >> It's up to you guys on enclosing the stairwell.
22:21:52 He explained earlier they are going to be aesthetic.
22:22:20 >> Move to close.
22:22:21 >> Second.
22:22:21 >>THOMAS SCOTT: Before we do that.
22:22:27 >> The landscape plan that was shown needs to be --
22:22:36 So the inclusion of that landscape page as part of the
22:22:41 site plan.
22:22:47 What about the windows, the second story windows on the
22:22:50 rear of the building are going to be frosted.
22:22:53 >>JOHN DINGFELDER: I didn't hear acceptance but a nod
22:22:59 is fine.
22:22:59 >>MARTIN SHELBY: For the record, please?
22:23:01 >> That's fine.
22:23:03 That's fine.
22:23:04 Yes, we will do that.
22:23:05 >> The enclosure of the stairs, he said they are for
22:23:13 emergency purposes.
22:23:14 They would not need to be enclosed?
22:23:17 >>JOHN DINGFELDER: There's in a lighting in this
22:23:20 parking lot?
22:23:21 It's a daytime use?
22:23:23 Is that correct?
22:23:24 >> There would probably still be lighting in the front
22:23:29 part of it.
22:23:29 >>JOHN DINGFELDER: I'm a little concerned.
22:23:33 Let's make sure lighting is not going to impact the
22:23:36 >> We absolutely aren't going to light the outside of
22:23:39 the property there is going to be some minor light on
22:23:43 the front but we are not proposing any gas station
22:23:45 lighting in here, no.
22:23:46 >>JOHN DINGFELDER: What did we decide on the masonry
22:23:53 >> He said they will put up the masonry wall.
22:23:55 >>ABBYE FEELEY: Just on that portion.
22:24:00 On the eastern property boundary.
22:24:04 But it would be just to that bottom point.
22:24:11 >>JOHN DINGFELDER: On the Matanzas side.
22:24:25 >> Yes.
22:24:26 This is very close.
22:24:27 And they weren't even comfort with the pier and lintel
22:24:31 given the size of the tree.
22:24:37 There was a revision sheet from may 27th.
22:24:42 I have that with me for the record so it would be the
22:24:44 revision sheet in your motion plus the three items we
22:24:47 just discussed which was the landscape page I have
22:24:49 shown to be incorporated into the site plan, second
22:24:52 story windows on the rear of the building to be frosted
22:24:54 and the installation and masonry wall on the east side
22:24:57 of the property line.
22:25:03 >>THOMAS SCOTT: Councilman Caetano.
22:25:04 >>JOSEPH P. CAETANO: I disagree with the frosted
22:25:08 lights -- I mean the windows.
22:25:13 I think it's important to have the natural light come
22:25:17 >>LINDA SAUL-SENA: It is natural.
22:25:19 >> It's not going to come through a frosted window.
22:25:22 I don't care what you say.
22:25:26 I think we should vote individually on each one of
22:25:33 these items.
22:25:36 Not on each window, Charlie.
22:25:40 Every time a petitioner comes to us, we kill them.
22:25:43 It's not worth it.
22:25:44 That's why no small businesses are profiting.
22:25:48 It takes money to do what they are doing.
22:25:49 >>JOHN DINGFELDER: I just thought since it's Rudolph,
22:25:54 it should be frosted.
22:25:57 [ Laughter ]
22:25:59 $50,000 cars a day past my place, that's nothing.
22:26:10 >>THOMAS SCOTT: Did you get all of that?
22:26:19 >>LINDA SAUL-SENA: I would like to make a motion that
22:26:20 we --
22:26:22 >>THOMAS SCOTT: Let's close the public hearing.
22:26:25 >>CHARLIE MIRANDA: Mr. Chairman, I think the audience
22:26:28 is appreciative of what -- we are appreciative of you
22:26:31 showing up, and, you know, you talk about a budget of
22:26:37 750 mill something, no one shows up, two people.
22:26:43 We talk about a zoning on one lot, this one and the one
22:26:46 before, you have a full house.
22:26:50 That's odd for me to understand.
22:26:52 And I appreciate you being here.
22:26:56 You talk about change, and you talk about disruption,
22:26:59 and you talk about different things in life, and you
22:27:04 realize why people don't seek office.
22:27:11 I applaud, even though sometimes I differ with my
22:27:13 colleagues, the other six, not only in this government,
22:27:17 in other governments.
22:27:21 You read so much material that you become consumed by
22:27:25 the material.
22:27:26 In other words, I memorize things today that I read
22:27:29 this morning that one side says, well, it's much larger
22:27:33 than the 1500 square foot from the original store that
22:27:37 was there.
22:27:37 And that's true.
22:27:38 The other side says, yes, but it's not as large as the
22:27:41 petition before.
22:27:44 And they are talking about the same one.
22:27:48 So I listen, and I tell myself, I can't sleep when I
22:27:53 get to the house because I have all these numbers in my
22:27:56 And -- no, I'm serious.
22:28:04 There's so much things that we have to absorb and so
22:28:07 little time that that's why you don't hear me
22:28:10 complaining about the length of the hearing, because
22:28:12 you have to go to bed at the same time I do.
22:28:15 So something is going to happen here.
22:28:19 I don't know when, why, how.
22:28:22 But is it better than the last one?
22:28:25 More than likely, yes.
22:28:26 Is it bigger than the first one?
22:28:30 For certain, yes.
22:28:32 But I don't know about you folks.
22:28:34 Just think when you go to the dentist.
22:28:40 How long is it to fill one tooth?
22:28:42 What I don't like is when I get the bill from the
22:28:47 But I just had a filling and it was about an hour in
22:28:50 the chair.
22:28:53 When I got the bill, I thought it was the whole mouth.
22:29:00 But it's something that I know that neighborhood very,
22:29:04 very, very well.
22:29:06 I have some dear friends on both sides.
22:29:08 But this is not about friendship.
22:29:10 This is about the doctor finishing number one in all
22:29:13 the classes in the world.
22:29:15 Obama never finished first anywhere but he got elected
22:29:19 So these are the things that you have to look.
22:29:22 We are not looking at a person.
22:29:23 We are looking at a piece of property.
22:29:27 And the effects of that property on something that's
22:29:29 greater than that property being the people who live
22:29:32 Just like the one before.
22:29:36 I really shut down when I listen to a petition, and the
22:29:39 same employees are talking to me.
22:29:41 I'm not talking about the employment.
22:29:42 I'm not talking about the owner.
22:29:44 I'm talking about the piece of property.
22:29:46 And that's how we all have to look at the facts.
22:29:53 I don't know.
22:29:54 I mean, there's certain concessions that happen, great
22:29:59 standards, I think great improvement.
22:30:01 But to be change the front I think that's more
22:30:05 attractive to the eye, the stairwell, does it have to
22:30:08 be closed?
22:30:10 No one explained to us.
22:30:13 I don't recall, there's just an emergency exit.
22:30:15 And I think those emergency exit doors you can only
22:30:16 open from the inside.
22:30:18 You have to push the handle to open the lock so there
22:30:20 is no handle out side.
22:30:24 If that's what it is.
22:30:26 So 27 spaces, 27 provided.
22:30:31 I tried the other day and say, how do I make a left
22:30:35 turn into this traffic?
22:30:36 It was very difficult.
22:30:41 The neighborhood needs protection.
22:30:44 The area needs the services.
22:30:48 And somewhere along the line, I think there has been
22:30:50 some compromise made on both sides.
22:30:53 So I'm not opposed to closing the hearing.
22:30:58 Since I hadn't spoken -- and when you see council
22:31:00 members leave, it's because we are not patting
22:31:04 ourselves on the back, we are not discussing this
22:31:05 petition or any other petition.
22:31:07 We are back there having a piece of pizza so that we
22:31:09 can continue, because most of us have been here since
22:31:12 8:00 this morning and that's what we do when we go back
22:31:15 We don't talk to each other.
22:31:18 And we are watching it on television.
22:31:20 And you all look great on TV.
22:31:23 So what I'm saying is that these are the things that we
22:31:25 do that very few of us in the city understand.
22:31:32 And you have to -- and, really, I'm very, very
22:31:36 appreciative of both sides.
22:31:38 Not only to this petition but the other.
22:31:40 Don't forget the others have to listen to these two
22:31:44 that are monstrous.
22:31:45 But no matter how small or large they are, they are all
22:31:48 very difficult.
22:31:49 What may be acceptable to one side is certainly
22:31:51 unacceptable to the other and the seven of us are
22:31:55 caught in the middle between two of them, and usually
22:31:59 we agree with both sides.
22:32:00 Just what is right in the long run for that
22:32:03 And that's how we base our decision.
22:32:05 That's how I base mine, anyway.
22:32:08 So it's not easy to be on this side of the dais.
22:32:13 >> Move to close.
22:32:16 >> Second.
22:32:19 >>THOMAS SCOTT: I do, I have to apologize.
22:32:23 I moved this item up because I was informed it was
22:32:25 going to take about 10 or 15 minutes.
22:32:27 It is not fair for those who are ahead of them to be
22:32:31 And I must apologize.
22:32:33 I was told it was only going to take a few minutes on
22:32:36 that one issue.
22:32:38 And yet we spent about an hour and a half on that
22:32:41 The second thing I will say is -- and of course, I came
22:32:44 from the county commission.
22:32:45 The process on these issues are discussed at length all
22:32:49 night before a zoning hearing master, and then they
22:32:52 come before the board for discussion.
22:32:55 Everything is drawn out.
22:32:56 All of the plan, everything is discussed before they
22:32:58 get here versus when you get here, then you have to
22:33:01 spend time try being to redraw them, put things in,
22:33:05 take things out, whereas with a zoning hearing master
22:33:09 you have already done that, with the neighborhood, the
22:33:11 civic association, and it saves taxpayers dollars,
22:33:14 because I will tell you, these employees on overtime, I
22:33:20 will tell you that a few weeks ago we discussed having
22:33:23 enough money for our children for parks, and so as a
22:33:26 result of that, we are here long tonight, plus as
22:33:32 Charlie said, only getting a piece of pizza.
22:33:35 But when you come down at 8:00 in the morning and you
22:33:37 are leaving at 1:00 or 2:00 in the morning, do you not
22:33:40 make what I call sound, prudent decisions.
22:33:43 Really don't.
22:33:44 All right.
22:33:44 Motion to close.
22:33:46 All in favor signify by saying Aye.
22:33:48 >>LINDA SAUL-SENA: I would like to move to approve
22:33:52 this with the revisions sheet -- move an ordinance
22:34:00 rezoning property in the general vicinity of 3224
22:34:04 Henderson Boulevard, the city of Tampa, Florida, more
22:34:06 particularly described in section 1 from zoning
22:34:08 district classification RO-is residential office to PD
22:34:12 planned development, office, medical, and business
22:34:14 professional, providing an effective date.
22:34:17 I think this is a good compromise.
22:34:19 So this includes the revision sheet and the three
22:34:21 specific improvements, the masonry wall, the additional
22:34:26 landscaping, and the frosted windows.
22:34:31 >>THOMAS SCOTT: Is there a second?
22:34:32 >>JOHN DINGFELDER: Second.
22:34:32 >>MARY MULHERN: I just wanted to ask a question,
22:34:36 because the revision sheet has a masonry wall change.
22:34:42 So we are talking about two different walls?
22:34:45 >>LINDA SAUL-SENA: We are talking about the northerly
22:34:48 portion along Matanzas, the southerly portion will
22:34:51 be --
22:34:53 >>MARY MULHERN: Okay, I just don't want to the
22:34:55 conflict with each other.
22:34:56 >>> She's right.
22:34:59 The first bullet on the revision sheet should be
22:35:04 six-foot masonry wall.
22:35:08 That's for the east buffer.
22:35:10 Thank you.
22:35:10 >>THOMAS SCOTT: Okay.
22:35:13 There's a motion.
22:35:16 Is there a second?
22:35:17 >>GWEN MILLER: I'll second it.
22:35:18 >>THOMAS SCOTT: Move and second.
22:35:22 All in favor signify by saying Aye.
22:35:24 >>THE CLERK: Motion carried unanimously.
22:35:28 Second reading and adoption will be on June 24th at
22:35:31 9:30 a.m.
22:35:32 >>> I apologize for any confusion, Chairman Scott.
22:35:34 I appreciate you taking us out of order.
22:35:36 Thank you.
22:35:36 >>THOMAS SCOTT: Thank you.
22:35:39 [Sounding gavel]
22:35:44 Please hold your noise down.
22:35:45 Council is still in session.
22:35:48 Please hold your noise -- please.
22:35:51 Hold your conversation down.
22:35:53 Council is still in session.
22:35:55 Let's pick up item number 6.
22:36:00 Item 6.
22:36:10 If you all hold the noise down, please.
22:36:14 We are going to be here another two or three hours.
22:36:16 >> No.
22:36:19 >> Anthony, land development.
22:36:21 Application number V-10-11, 1911 north 57th street.
22:36:29 They are requesting to rezone from RS-50 residential
22:36:33 single-family to IG, industrial general.
22:36:36 It is a Euclidean rezoning.
22:36:50 >>TONY GARCIA: Planning Commission staff.
22:36:51 I have been sworn.
22:37:08 >> This is the zoning atlas.
22:37:10 You can see the property.
22:37:11 RS-50 surrounded by IG to the north.
22:37:14 There is a single-family residential piece further
22:37:20 The surrounding property is zoned IG, as well as IH.
22:37:31 Here is the zoning atlas.
22:37:33 And you can see the boundaries of the site.
22:37:35 We have 57th street.
22:37:40 59th street.
22:37:41 And 10th street.
22:37:44 East Broadway Avenue is also shown on the atlas.
22:37:48 Excuse me, on the aerial.
22:37:54 I'll quickly show some pictures of the site.
22:37:57 Here is a picture of the site looking south.
22:38:11 Here is a picture of the site lag north.
22:38:14 And you can see the abutting property to the north also
22:38:18 zoned IG.
22:38:25 Here is a picture of the site looking east toward the
22:38:28 rear of the property.
22:38:28 Here is a picture of the site looking west across the
22:38:35 This is looking south down 57th street toward
22:38:46 This is the Euclidean area zoning.
22:38:50 No waivers are requested.
22:38:51 No waivers are requested under Euclidean zoning.
22:38:54 The applicant is asking to rezone the property to
22:38:59 industrial general to allow for industrial use
22:39:01 consistent with the surrounding area.
22:39:03 The IG zoning district permits residential uses --
22:39:08 light manufacturing such as assembly, warehousing and
22:39:11 related uses.
22:39:12 This site contains approximately 1,749 square feet and
22:39:19 is surrounded by light industrial uses to the northeast
22:39:21 and south, and residential to the west.
22:39:24 Based on the nature of this request, no waivers may be
22:39:26 granted and the development must adhere to all
22:39:30 applicable City of Tampa land development regulations.
22:39:33 The development review committee has reviewed the
22:39:36 application, and found it consistent.
22:39:39 >>THOMAS SCOTT: Questions by council?
22:39:53 >> Are there any questions?
22:39:55 >> No.
22:39:55 [ Laughter ]
22:39:56 Ostomy for the record, please.
22:40:05 >> Ronald J. Marlow, for the petitioner, 302 Knight's
22:40:13 run Avenue, suite 1100, Tampa.
22:40:17 >>THOMAS SCOTT: Let me apologize to you.
22:40:19 >> You should have moved me up.
22:40:23 I would have gotten you out in ten minutes.
22:40:26 >>THOMAS SCOTT: Well, that's my mistake.
22:40:28 But anyway, thank you.
22:40:29 >> That's quite all right.
22:40:30 >>THOMAS SCOTT: Anyone here in opposition to this
22:40:32 Anyone in opposition to this petition?
22:40:34 >>LINDA SAUL-SENA: Move to close.
22:40:36 >>THOMAS SCOTT: Do you want us to approve this taint,
22:40:38 >>> That would be nice, sir.
22:40:40 >>THOMAS SCOTT: Motion to close.
22:40:41 All in favor signify by saying Aye.
22:40:45 Councilwoman Mulhern.
22:40:46 >>JOSEPH P. CAETANO: You don't have to put any more
22:40:48 money in the parking meter.
22:40:50 >>MARY MULHERN: Move an ordinance rezoning property in
22:40:53 the general vicinity in the city of Tampa, Florida more
22:40:56 particularly described in section 1 from zoning
22:40:59 district classification RS-50 residential single-family
22:41:02 to IG industrial general providing an effective date.
22:41:04 >>THOMAS SCOTT: Been moved and seconded.
22:41:08 Seconded by Councilwoman Saul-Sena.
22:41:09 >>LINDA SAUL-SENA: Everything around it is industrial.
22:41:15 We agree it's great.
22:41:16 Thank you.
22:41:17 >>THOMAS SCOTT: Moved and seconded.
22:41:19 All in favor say Aye.
22:41:27 >> Motion carried (off microphone)
22:41:31 >>THOMAS SCOTT: Okay.
22:41:32 Item 7.
22:41:36 Item 7.
22:42:29 >> Anthony, land development.
22:42:30 This is petition Z-10-12, 3525 -- 3625 west Azeele
22:42:39 Avenue, PD planned development, which offers specialty
22:42:44 retail and office, PD planned development, to include
22:42:47 multifamily and personal services.
22:42:57 >>TONY GARCIA: Planning Commission staff.
22:42:59 I have been sworn.
22:42:59 Just a couple of comments.
22:43:03 This is in the South Tampa planning district.
22:43:09 The request, talking about the land use category,
22:43:11 planned residential 20 along Azeele, just east of Dale
22:43:15 Mabry Highway.
22:43:20 This was presented not that long ago.
22:43:24 Several years ago, you did approve it for a variety --
22:43:29 it's going to go from PD to PD.
22:43:31 This is just to add some potential on the site.
22:43:36 There's not any change in the footprint of the existing
22:43:39 Planning Commission staff finds the proposed request
22:43:43 consistent with the comprehensive plan.
22:43:44 >> Pearson, do you want the short or long version?
22:43:49 >>LINDA SAUL-SENA: Short.
22:43:50 >> We concur with staff report.
22:43:51 >>THOMAS SCOTT: Anyone here in opposition?
22:43:53 >> Also there is a revision sheet that we would like to
22:44:02 >>LINDA SAUL-SENA: Move to close.
22:44:05 >> Second.
22:44:05 >>THOMAS SCOTT: All in favor?
22:44:08 Councilman Miranda.
22:44:09 There is a revision sheet that goes along with this.
22:44:11 >> Thank you, Mr. Chairman.
22:44:12 I move an ordinance rezoning property in the general
22:44:14 vicinity of 3625 west Azeele Avenue in the city of
22:44:18 Tampa, Florida more particularly described in section 1
22:44:19 from zoning district planned development, retail
22:44:23 specialty, retail office, to PD planned development,
22:44:25 retail specialty, retail office, multifamily, personal
22:44:28 service, providing an effective date, along with the
22:44:31 revision sheet given to us in Z-10-12 on June 10, 19 --
22:44:43 >> 2010.
22:44:45 >>CHARLIE MIRANDA: I thought I was ten-year-older.
22:44:48 >> Moved and seconded.
22:44:50 Seconded by Councilwoman Mulhern.
22:44:52 All in favor?
22:44:54 >>THE CLERK: Motion carried with Dingfelder being
22:44:55 absent and second reading and adoption will be on June
22:44:59 24th at 9:30 a.m.
22:45:01 >>LINDA SAUL-SENA: Thank you.
22:45:06 Good work.
22:45:06 >>THOMAS SCOTT: Item 8.
22:45:12 >> Anthony, land development.
22:45:17 >>THOMAS SCOTT: Item 8 cannot be heard, right?
22:45:18 >>MARTIN SHELBY: Was item 8 already removed from the
22:45:21 Item 8?
22:45:23 >> Item 5 was removed from the agenda.
22:45:25 >>THOMAS SCOTT: We haven't voted on it.
22:45:27 >>MARTIN SHELBY: That's being administratively
22:45:32 And that's removed from the agenda.
22:45:33 Is that correct?
22:45:34 >> Item 8 is misnoticed and can't be heard.
22:45:39 >>CHARLIE MIRANDA: So move item 8 from the agenda.
22:45:42 >>THOMAS SCOTT: Moved and seconded.
22:45:44 All in favor?
22:45:47 Item 9.
22:45:47 >> Z-10-24, best Gandy Boulevard, 2812.
22:45:59 They are rezoning from planned development to CG
22:46:02 commercial general.
22:46:03 This is a Euclidean rezoning request.
22:46:11 >>TONY GARCIA: Planning Commission staff.
22:46:11 I have been sworn.
22:46:13 This site is also located in the South Tampa planning
22:46:16 district specifically on the south face of Gandy.
22:46:19 I will just give you some general location parameters.
22:46:21 East of MacDill Avenue, on Gandy Boulevard.
22:46:24 As you can see, the land use category is mixed use 35
22:46:29 which is the predominant land use category along Gandy
22:46:32 This does lie -- you can see here is Bayshore, and
22:46:38 MacDill lies farther to the west from the site.
22:46:41 The proposed use is to go to Euclidean CG zoning
22:46:45 district which will allow the proposed request for I
22:46:47 believe a veterinary office.
22:46:49 Planning Commission staff finds the proposed request
22:46:51 consistent with the comprehensive plan.
22:47:10 >> Towanda Anthony: You can see the property in green.
22:47:19 They are surrounded by CG.
22:47:21 And they are requesting to rezone to CG so it is
22:47:24 consistent and compatible with the surrounding area.
22:47:27 Here is Bayshore Boulevard.
22:47:28 And the aerial of the site.
22:47:37 They are boarded by Gandy to the west, South -- Quincy
22:47:43 to the west.
22:47:44 Gandy to the north.
22:47:45 Areon to the east.
22:47:54 Here is a picture of the site.
22:47:58 Here is a have you looking east.
22:48:03 And here is a view looking west.
22:48:10 The applicant is proposing to rezone the property from
22:48:13 PD to CG, to allow for the construction of a veterinary
22:48:19 The CG district requires 12,000 square feet and the
22:48:24 site contains approximately 30,520 square feet.
22:48:27 Based on the nature of this request no waivers may be
22:48:31 granted and the development must adhere to all
22:48:33 applicable City of Tampa land development regulations
22:48:35 at time of permitting.
22:48:36 Land development staff and DRC committee has reviewed
22:48:39 the application, and found it consistent with the City
22:48:43 of Tampa code.
22:48:43 >>MARY MULHERN: I don't have any backup on this.
22:48:48 No staff report or anything.
22:48:51 Did anyone else have it?
22:48:52 >>LINDA SAUL-SENA: I went over it with the staff a
22:48:58 couple of days ago.
22:49:14 >>MARY MULHERN: Okay.
22:49:17 >> Are there any questions for staff?
22:49:27 >>MARY MULHERN: I guess not.
22:49:28 It's from a PD back to CG?
22:49:31 >> Right.
22:49:32 Surrounded by CG.
22:49:33 >>MARY MULHERN: I have one question.
22:49:41 >>LINDA SAUL-SENA: They can't have a crematorium here,
22:49:43 can they?
22:49:44 >> No, they cannot.
22:49:46 Crematorium is only permitted in IH district and this
22:49:49 is CG.
22:49:50 >> And no boarding chemicals.
22:49:51 >> No boarding for veterinary clinics, right.
22:49:54 >>GWEN MILLER: Petitioner?
22:49:58 >> Michael Palermo, 1501 south Dale Mabry street, A-5
22:50:03 Tampa 33629.
22:50:05 Attorney for the applicant Stuart Rosenberg and Ronald
22:50:11 I think everything has been said.
22:50:12 It's pretty straightforward.
22:50:14 >>GWEN MILLER: Does anyone in the public want to speak
22:50:16 on item 9?
22:50:17 >>LINDA SAUL-SENA: Move to close.
22:50:19 >> Second.
22:50:20 >>GWEN MILLER: Motion and second to close.
22:50:22 All in favor?
22:50:23 >>CHARLIE MIRANDA: Move an ordinance rezoning
22:50:27 property --
22:50:29 >>GWEN MILLER: Turn your microphone on.
22:50:30 >> 2812 West Gandy Boulevard in the city of Tampa,
22:50:33 Florida from zoning district classification PD planned
22:50:36 development to CG commercial general providing an
22:50:39 effective date, and whatever else comes with it comes
22:50:42 with it.
22:50:43 >>GWEN MILLER: We have a motion and second.
22:50:45 All in favor say Aye.
22:50:48 >>THE CLERK: Motion carried with Scott and Dingfelder
22:50:50 being absent.
22:50:51 Second reading and adoption will be June 24th at
22:50:53 9:30 a.m.
22:50:54 >>GWEN MILLER: Item 10.
22:50:56 >>ABBYE FEELEY: Council, item 10 on your agenda this
22:51:07 evening is a continued public hearing on LaSalle
22:51:12 This also was heard on May 27th.
22:51:19 It's for two parking lots related to the Morgan cigar
22:51:29 Staff has met with the applicant, Mr. Jamal and Mrs.
22:51:36 Daniel, that there were lots of buffer requests, and
22:51:39 trees waiver requests down to zero trees on several of
22:51:44 them, on the property.
22:51:47 Let me go ahead and give you the plans so that you can
22:51:53 see how those were addressed.
22:52:10 Just going to go quickly over the site.
22:52:17 The first site is directly south of the existing PD to
22:52:41 the north.
22:52:45 They are going to provide -- these trees out front here
22:52:53 without the circle around them will be four inch trees
22:52:55 and the one tree in the southeast corner will be the
22:52:59 two-inch tree.
22:53:02 On the second site -- as you may recall, Mr. Jammal
22:53:19 talked about the area to the west.
22:53:26 It is 14 feet outside of his property line and the
22:53:28 sidewalk is going to plant four-inch caliper trees
22:53:36 Four-inch tree at the front and two four at the
22:53:39 So one is on-site and that will achieve the required
22:53:43 He's also modified the plan to show the hedges that are
22:53:46 required, and wrought iron fence, both on this site and
22:53:50 on the original site.
22:53:54 Given these modifications and the resubmitted site
22:53:57 plans, there is no revision sheet.
22:54:00 If it's the pleasure of council to approve this it can
22:54:02 move forward on first reading.
22:54:04 >>JOSEPH P. CAETANO: I met with Mr. Jammal four times
22:54:15 at the Department of Transportation.
22:54:18 The wall that is against the expressway there.
22:54:22 We met twice on McKinley and twice at the site to
22:54:27 discuss the cement wall.
22:54:29 They wanted buffers for the cars that backed up, so
22:54:33 they didn't go into the wall.
22:54:35 >>GWEN MILLER: Motion and second to close.
22:54:46 All in favor?
22:54:48 Mr. Miranda?
22:54:49 >>CHARLIE MIRANDA: Thank you.
22:54:56 I move an ordinance in the general vicinity of 1, 2, 3,
22:55:00 4, 1236, 123 -- 2140 LaSalle street, and 1945 and 1947
22:55:08 west LaSalle street in the city of Tampa, Florida, more
22:55:11 particularly described in section 1 from zoning
22:55:13 district RM-16 residential multifamily, RS-50
22:55:18 residential single-family, and CI commercial intensive,
22:55:21 to PD planned development, parking, off-street,
22:55:28 providing an effective date.
22:55:28 >> Second.
22:55:30 >>THOMAS SCOTT: Moved and seconded.
22:55:31 All in favor signify by saying Aye.
22:55:33 >> Good night.
22:55:39 >> Thank you very much.
22:55:40 >> Second reading and adoption will be on June 24th
22:55:46 at 9:30 a.m.
22:55:47 >> anything else need to come before council?
22:55:51 >> Move to receive and file.
22:55:55 >> Second.
22:55:55 (Motion carried).
22:55:56 >> did we set number 12 already?
22:56:01 >>MARY MULHERN: David, the building is beautiful.
22:56:03 >>THOMAS SCOTT: Anything else?
22:56:07 We stand adjourned.
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