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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.

17:37:27 Julia.

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.

17:37:43 Opposed?

17:37:44 Okay.

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.

17:41:47 Opposed?

17:41:47 Okay.

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.

17:42:49 Opposers?

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

17:43:13 policies.

17:43:16 As more particularly described in section 2 below

17:43:19 providing for severability, providing for an effective

17:43:21 date.

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

17:44:05 dates.

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.

17:44:19 Opposed?

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

17:47:42 Saul-Sena.

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

17:48:13 county.

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

17:49:07 took.

17:49:10 And that does not include -- and I understand the

17:49:11 settlement.

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

17:49:54 Saul-Sena.

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

17:51:28 community.

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

17:52:23 outlined.

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

17:52:43 liability.

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

17:53:22 --

17:53:25 >>THOMAS SCOTT: No.

17:53:27 >>JOHN DINGFELDER: Let's finish Mary's motion, I

17:53:28 guess.














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

17:53:39 already.

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.

17:54:04 Opposed.

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

17:54:30 all.

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.

17:54:51 Opposed.

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

18:03:49 aye.

18:03:50 Opposed.

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

18:04:16 aye.

18:04:18 Opposes.

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

18:05:32 aye.

18:05:32 Opposed?

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

18:07:13 now.

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

18:07:46 6.

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

18:08:27 Mabry.

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

18:10:25 plan.

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

18:12:18 parking.

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

18:13:12 Sterling.

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

18:13:31 west.

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

18:14:01 area.

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

18:14:38 Watrous.

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

18:15:01 west.

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

18:16:18 property.

18:16:19 This is east of the site.

18:16:23 This is also residential and you can see the six-foot

18:16:27 wall.

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.

18:17:21 Thanks.

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

18:17:56 north.

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

18:18:12 spaces.

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

18:18:45 label.

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.

18:19:06 Petitioner?

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

18:19:47 himself.














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

18:20:49 2.

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

18:22:19 forefront.

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

18:23:17 necessary.

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

18:26:49 code.

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

18:26:59 Watrous.

18:27:03 Along the west side, you have four 2-inch crepe

18:27:04 Myrtles.

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

18:27:46 planting.

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

18:31:16 question.














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

18:31:24 Sterling.

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

18:32:13 existed.

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

18:33:28 subdivision.

18:33:30 Here you have parking.

18:33:34 Wright's employees that park adjacent to the Sheridan

18:33:36 home.














18:33:38 >>THOMAS SCOTT: Let me just interrupt.

18:33:40 I know you requested -- you have two minutes left

18:33:42 total.

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

18:35:53 inevitable.

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

18:36:17 Mabry.

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

18:36:50 minutes.

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

18:37:02 minute.

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

18:37:18 remarks.

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

18:40:35 districts.

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

18:41:20 point.

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?

18:44:15 Abbye?

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

18:44:25 Coordination.

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

18:44:43 --

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.

18:45:43 Thanks.

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

18:46:26 property.

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

18:46:42 property.

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

18:49:04 home.

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?

18:49:24 Okay.

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

18:49:36 now.

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.

18:49:59 [Laughter]

18:50:04 I will -- opposition to the right, support to the

18:50:06 left.

18:50:07 Right.

18:50:08 That's what I said.

18:50:08 Okay.

18:50:09 Yeah.

18:50:09 Yeah.

18:50:10 Okay.














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.

18:50:33 Okay.

18:50:37 Okay.

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.

18:51:30 Okay.

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.

18:51:44 Okay.

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

18:52:35 standards.

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

18:53:04 standards.

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

18:53:22 feet.

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

18:53:37 here.

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

18:58:45 precedent.

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

19:00:25 that.

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

19:01:17 it.

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

19:02:18 livability.

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

19:03:02 gourmet.














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

19:04:45 variance.

19:04:46 That includes my report.

19:04:50 >>THOMAS SCOTT: Next speaker.

19:04:56 Thanks.

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

19:07:20 business.

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

19:08:13 organizations.

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

19:08:34 thing?

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

19:08:53 7.

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

19:09:14 parking.

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

19:09:45 ahead.

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

19:10:08 property.

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

19:10:42 that.

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

19:12:00 time.

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

19:12:35 yard.

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

19:12:46 property.

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

19:13:07 property.

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














19:14:01 value.

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

19:15:31 caused.

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

19:16:07 project.

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

19:17:09 area.

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

19:20:22 restaurant.

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

19:21:02 years.

19:21:05 Our back yard is directly behind the proposed parking

19:21:06 lot.

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

19:21:49 get-togethers.

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

19:24:16 insurance.

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

19:25:17 develop.

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

19:26:25 neighborhood.

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

19:27:13 neighbors.

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

19:28:03 neighborhoods.

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

19:29:13 Wright's.

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

19:29:54 business.

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

19:31:08 certificate.

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

19:31:57 Court.

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

19:32:58 window.

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

19:34:58 use.

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

19:36:20 people.

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

19:37:36 Watrous.

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

19:38:15 property.

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

19:38:58 present.

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

19:40:19 A.M.

19:40:21 Thank you for your time.

19:40:25 And I respectfully request that you deny this

19:40:26 application.

19:40:30

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

19:40:39 you.

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

19:42:26 night.

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

19:45:12 Court.

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

19:46:38 street.

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














19:46:57 yard.

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.

19:48:55 [Laughter]

19:48:59 You don't need to be so agreeable.

19:48:59 [Laughter]

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














19:49:21 sufficient.

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

19:51:20 spoken.

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

19:53:32 know.

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.

19:55:01 [Inaudible]

19:55:02 >> Here is my point.

19:55:07 My wife and I used to live next to a golf course in

19:55:08 Carrollwood.

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

19:55:28 you.

19:55:29 Next speaker.

19:55:30 To my right.

19:55:30 Okay.

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

19:56:44 house.

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

19:58:54 Facebook.

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

19:59:42 night.

19:59:44 There is almost nobody on that entire piece of

19:59:44 property.

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

20:00:20 emotion.

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

20:00:48 said.

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,

20:01:56 Florida.

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

20:05:33 Commercial.

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

20:06:40 property.

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.

20:08:03 Petitioner.

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

20:09:51 advantage.

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

20:09:57 minutes.

20:10:00 All those in favor say aye.

20:10:04 Opposed.

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

20:10:14 grandparents.

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

20:11:51 that.

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

20:11:57 disappeared.














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

20:12:33 regards.

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

20:13:16 are.

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

20:15:08 live.

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

20:16:34 study.

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

20:20:40 neighborhood.

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.

20:21:11 Okay.

20:21:16 Questions by -- by Council.

20:21:18 >>JOSEPH P. CAETANO: Move that we close the public

20:21:19 hearing.

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

20:22:01 lot?

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

20:22:16 intense?

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

20:22:38 have.

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

20:24:11 process.

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.

20:26:47 [Laughter]

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

20:28:43 questions.

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

20:29:37 issues.

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.

20:30:01


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

20:31:44 operation?

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 situation.

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.

20:32:23 Okay?

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 six.

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?

20:33:22 >>

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

20:36:24 hospital.

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.

20:36:51 Personally.

20:36:54 So I'm watching two professional groups, not

20:36:57 individuals.

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 there.

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

20:40:17 staff.

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

20:40:45 attorney.

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.

20:41:19 Okay.

20:41:19 Thanks.

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

20:42:53 sandwiches.

20:42:54 Everybody thinks -- oh, you have been a wonderful

20:42:56 neighbor.

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 Saul-Sena.

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 mount.

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 neighborhood.

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

20:45:29 community.

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

20:47:09 neighbor.

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




20:47:33 that.

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

20:48:47 about?

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

20:49:09 site?

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 menu.

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 talked.

20:50:48 I said I would get more information, follow up with

20:50:51 them.

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 neighborhood.

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

20:53:06 neighborhood.

20:53:08 And I will tell you, I didn't know Mr. Mount before

20:53:13 tonight.

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

20:53:55 petition.

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.

20:54:26 Opposes?

20:54:26 Okay.

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

20:55:24 reopen.

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

20:56:00 operation.

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

20:56:25 compromise.

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

20:56:45 neighborhood.

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 lot?

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

20:58:01 office.

20:58:02 It was nine houses that were taken down.

20:58:05 Nine.

20:58:06 Not one.

20:58:08 Nine.

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

20:58:26 acceptable.

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

20:59:08 emotion.

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

20:59:24 residential.

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 move.




21:00:30 So I think that it obviously -- it will set a

21:00:37 precedent.

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 precedent.

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,

21:02:10 too.

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 parking.

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.




21:05:21 Opposes?

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.

21:05:36

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 roadway.

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

21:20:09 prerogative.

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

21:21:56 issue.




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

21:22:18 office.

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 testimony.

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 Transportation?




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

21:23:25 measures.

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

21:24:03 daily.

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 Bradford.

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

21:24:52 forward.

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

21:27:46 270,000.

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

21:29:02 city.

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

21:29:26 previously.

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

21:29:53 building.

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

21:30:01 Henderson?

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

21:31:20 buildings.

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

21:31:53 line.




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

21:33:53 in.

21:33:54 Thank you.

21:33:58 >> Good evening.

21:33:58 My name is Michael Yigh, 106 south Lincoln Avenue,

21:34:03 33609.

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

21:34:19 complex.

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 neighborhood.

21:35:03 We are surrounded by MacDill, Azeele, Henderson,

21:35:09 Kennedy.

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 money?

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 setback.

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 nine.

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 that.

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

21:42:45 so.




21:42:48 Questions?

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 community.

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

21:44:31 children.

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

21:45:16 opportunities.

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

21:46:44 rezoning.

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

21:47:46 this.

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

21:48:17 future.

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

21:48:32 standpoint

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?

21:49:08 Okay.

21:49:08 >>

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

21:50:12 property.

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

21:50:30 property.

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

21:53:40 calculations.

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

21:54:23 zoning.

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 Okay.

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 Okay.

21:57:21 >>LINDA SAUL-SENA: Could we get that question

21:57:24 answered?

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

21:58:32 generally.

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

21:59:55 south.

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 side?

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

22:00:46 before.

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 Okay.

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?

22:01:52 No?

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

22:02:23 issue.

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 this.

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.

22:03:03 Confirmation.

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 things.

22:03:55 >>MARTIN SHELBY: I'm sorry, this is your rebuttal,

22:04:00 sir?

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 character.

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 neighborhood.

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 previously.

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 neighbor.

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

22:08:50 representatives.

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 neighborhood.

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

22:09:44 things.

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

22:10:14 irrelevant.




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

22:12:13 corridor.

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

22:13:39 administrator.

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 that.

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

22:14:36 building.

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

22:14:57 rotating.

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

22:15:06 things.

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 us.




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

22:17:21 minutes.

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 already.

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 --

22:22:35 okay.

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?

22:23:16 Okay.

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 neighborhood.

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

22:23:52 wall?

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

22:25:15 in.

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

22:27:55 head.

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

22:28:44 dentist.

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 president.

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

22:29:31 there.

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 s.

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 there.

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

22:32:02 neighborhood?

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 delayed.

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

22:32:40 issue.

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 Okay.

22:33:44 All right.




22:33:44 Motion to close.

22:33:46 All in favor signify by saying Aye.

22:33:48 Okay.

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 Opposes?

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 Please.

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

22:37:19 north.

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

22:38:31 street.

22:38:35 This is looking south down 57th street toward

22:38:39 Bradford.

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?

22:39:44 Petitioner?

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 petition?

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 sir?

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.

22:41:20 Opposes?

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

22:43:38 structure.

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

22:44:00 provide.

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?

22:44:53 Opposes?

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

22:45:20 agenda?

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

22:45:31 rescheduled.

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?

22:45:45 Opposes?

22:45:46 Okay.

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

22:46:31 Boulevard.

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

22:48:18 clinic.

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.

22:49:15 Thanks.

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




22:50:10 roseman.

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?

22:50:22 Opposed?

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.

22:50:46 Opposed?

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

22:51:10 street.

22:51:12 This also was heard on May 27th.

22:51:19 It's for two parking lots related to the Morgan cigar

22:51:28 factory.

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

22:53:32 there.

22:53:36 Four-inch tree at the front and two four at the

22:53:39 right-of-way.

22:53:39 So one is on-site and that will achieve the required

22:53:42 planting.

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?

22:54:47 Opposed?

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 Gorgeous.

22:56:03 >>THOMAS SCOTT: Anything else?

22:56:07 We stand adjourned.

22:56:09



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