TAMPA CITY COUNCIL
Thursday, July 22, 2010
5:01 p.m. Session
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17:06:00 [ROLL CALL]
17:06:02 >>THOMAS SCOTT: Okay.
17:06:03 We will start with our --
17:06:07 >> Mr. Chairman, before we begin, just to make some
17:06:08 introductory comments.
17:06:13 What you have before you now are items 1 through 4.
17:06:19 These are first adoption public hearings, and these are
17:06:22 dealing with the comprehensive plan.
17:06:27 This is legislative matters.
17:06:31 A first adoption public hearing means that you have the
17:06:36 opportunity to vote on this, an affirmative vote.
17:06:40 Then move this to a second reading and a public hearing
17:06:44 at which time an affirmative vote will then adopt these
17:06:46 plan or text amendments.
17:06:49 Again, these are not quasi judicial.
17:06:52 The witnesses do not have to be sworn, and the standard
17:06:56 here is because it is a legislative matter it is a
17:06:58 fairly debatable standard.
17:07:00 The burden that City Council has is less than it would
17:07:03 February applied to a particular piece of property,
17:07:07 somebody's personal private property right.
17:07:13 So with that being said, what would happen now is you
17:07:15 would open the public hearings and then vote on each
17:07:16 one individually.
17:07:18 >>THOMAS SCOTT: Motion to open.
17:07:21 >>GWEN MILLER: So moved.
17:07:22 >> Second.
17:07:23 >>THOMAS SCOTT: All in favor, say Aye.
17:07:27 Item number 1.
17:07:31 >> Good evening, Councilmembers, Stephen Griffin,
17:07:32 Planning Commission staff.
17:07:34 Tonight the Councilmembers will begin your adoption
17:07:38 public hearing on the six proposed amendments to the
17:07:42 Tampa Comprehensive Plan that were submitted as part of
17:07:45 the August 2009 plan amendment cycle.
17:07:48 This evening, Council will hear presentations by staff
17:07:51 on four plan amendments.
17:07:54 On August 5, the Council will hear staff presentations
17:07:57 on two remaining plan amendments that are part of this
17:08:02 These proposed amendments were reviewed by state and
17:08:05 regional agencies, with the state Department of
17:08:09 Community Affairs stating comments regarding two of the
17:08:10 plan amendments.
17:08:14 They are comprehensive plan amendment 05 -- excuse me
17:08:19 0905, transit orient development and comprehensive
17:08:24 0907, Seminole Heights.
17:08:29 The Department of Community Affairs did review those
17:08:32 plan amendments.
17:08:36 The staff and city made modifications to those
17:08:37 amendments, and the Department of Community Affairs did
17:08:41 review those amendments with those modifications and
17:08:46 did address, and those modifications did address their
17:08:49 comments and at this time they do not object to those
17:08:51 proposed amendments.
17:08:55 Also the Planning Commission staff on the behalf of Mr.
17:08:59 Robert Hunter would like to extend our many thanks to
17:09:04 Mayor Iorio and her staff, Director Cindy Miller, the
17:09:07 City Attorney Mr. Chip Fletcher, Assistant City
17:09:14 Attorney, Julia Cole, city staff Gloria Moreda, Randy
17:09:17 and Kathy Cole.
17:09:19 We want to thank them for their valuable input in this
17:09:24 This was a truly collaborative effort between the city
17:09:27 staff and the Planning Commission staff in addressing
17:09:30 the comments raised by the Department of Community
17:09:34 As a result of this collaborative effort, the
17:09:36 Department of Community Affairs did accept the
17:09:39 modifications we made on those two plan amendments and
17:09:44 found those consistent with state and local laws.
17:09:47 Now I will have Mr. Tony Garcia make a presentation to
17:09:50 you on the first plan amendment, comprehensive plan
17:09:55 amendment 09-06 dealing with transit-oriented
17:09:59 >>THOMAS SCOTT: Thank you, sir.
17:10:00 Mr. Garcia.
17:10:03 >>TONY GARCIA: Thank you, Mr. Chairman, members of
17:10:06 Council, Tony Garcia, Planning Commission staff.
17:10:08 The first amendment before you this evening regarding
17:10:12 this particular cycle of amendments is regarding
17:10:16 transit-oriented development.
17:10:19 I have made this presentation or a part of this -- part
17:10:22 of this presentation to members of Council when we did
17:10:24 the transmittal hearing.
17:10:27 I am going to give you an abbreviated version tonight
17:10:31 so for those of how have heard this presentation,
17:10:32 please bear with me a little bit.
17:10:36 I would like to go through the formalities to try to
17:10:42 refresh your memory on the concept of TOD.
17:10:43 Very briefly.
17:10:44 A few slides going in here.
17:10:49 Let me go ahead and start fought further ado.
17:10:54 Transit oriented development, TOD, is a compact
17:10:57 neighborhood with housing, jobs and neighborhood
17:10:59 services within easy walking distance of a transit
17:11:03 station that offers multiple travel options.
17:11:06 TOD offers more sustainable and efficient ways of
17:11:11 developing land and of moving around.
17:11:15 Transit ridership, reduces traffic and a rich mix of
17:11:18 housing and job opportunities, provides value for the
17:11:20 public and private sectors, promote healthier
17:11:24 lifestyles, promotes a sense of place and open space in
17:11:27 rural areas and implements existing goals and poll
17:11:30 receives the comprehensive plan.
17:11:33 What also factors greatly in this, with transit
17:11:35 oriented development, the Federal Transit
17:11:41 Administration's criteria was changed in late July of
17:11:44 this year to place a greater emphasis on land use.
17:11:49 Land use now contributes 40% of the consideration that
17:11:53 the Federal Transit Administration will evaluate and
17:11:56 determine where the dollars will go Nationally.
17:11:59 We are competing with 200-plus other cities for Federal
17:12:03 Transit Administration dollars and trying to implement
17:12:08 our light rail/fixed transit system within the City of
17:12:11 Tampa boundaries.
17:12:13 And realizing the importance of this, that's why we
17:12:15 went forward and tried to strengthen the policies that
17:12:19 are within the -- within the former comprehensive plan
17:12:22 and now with your new comprehensive plan, we have taken
17:12:25 it up a notch to try to make sure that we can show we
17:12:29 are serious about -- to develop a true marriage between
17:12:31 transit and land use within the City of Tampa.
17:12:35 So the City of Tampa, along with the Metropolitan
17:12:38 Planning Organization, the Planning Commission and
17:12:42 HART, we created a joint land use working group and the
17:12:45 purpose was to increase dialogue and create the
17:12:49 knowledge and awareness of transit in the City of
17:12:52 As far as the progress of the joint working group,
17:12:54 significant stakeholder involvement.
17:12:56 Some of the people involved in this and some of the
17:12:58 entities, Hillsborough County itself, as well as the
17:13:04 City of Tampa, Plant City and Temple Terrace, NAOIP,
17:13:08 the National Association of Industrial Office Parks ,
17:13:11 the Department of Transportation, various business
17:13:14 community groups which include the Westshore Alliance,
17:13:20 the Tampa Downtown Partnership, U-CAN and Alliance of
17:13:22 Pinellas and Pasco Counties.
17:13:25 As far as the TOD policy framework, four steps, the
17:13:30 establishment of the TOD station policies.
17:13:34 These establishments of a TOD floating land district,
17:13:38 components for each station area and the station area
17:13:41 design principles which would help unsure that we will
17:13:45 have a solid TOD design for each station area.
17:13:50 What I have before you now is -- is a table which
17:13:59 depicts the different typologies.
17:14:02 The stations have yet to be determined as the actual
17:14:06 routes have yet to be determined for the HART system.
17:14:10 HART is doing internal analysis and still two -- two
17:14:13 north-south routes that are still being evaluated by
17:14:16 HART, and also two east-west routes that are being
17:14:18 evaluated by HART.
17:14:20 The downtown -- the north one will be -- the terminus
17:14:25 will be from downtown to hopefully -- up to Cross Creek
17:14:28 Boulevard because they just allowed them to extend
17:14:32 their analysis all the way up to Cross Creek Boulevard
17:14:36 to increase ridership potential and east-west from the
17:14:38 downtown to the airport as terminus.
17:14:40 Those are the two -- those are the two routes we are
17:14:40 talking about.
17:14:44 How do you get from point a to point b for those two
17:14:45 routes have yet to be determined and of course we don't
17:14:48 have the locations which is why we had a little bit of
17:14:51 a problem with DCA in that DCA wanted to have a little
17:14:54 more specificity as to where we were going to try to
17:14:56 direct and drive growth.
17:14:59 With that being said, what we did is we took the vision
17:15:04 map, which I have painstakingly tried to show you at
17:15:08 each and every rezoning hearing that we have that is
17:15:10 now part of the comprehensive plan and it is going to
17:15:13 be used as a development tool in making decisions.
17:15:16 This, of course, is split into five plans districts
17:15:17 that we have.
17:15:19 And what we have done is we have created a transit
17:15:24 envelope, which is this dotted line, black dotted line
17:15:27 that now extends from the Pasco-Hillsborough County
17:15:31 line up here, land extend all the way down into the
17:15:35 downtown core, and then extend Westerly all the way to
17:15:37 the bay, and then, of course, north up to the
17:15:40 city-county boundary throughout airport.
17:15:44 And also goes Easterly to the city boundary, just north
17:15:48 of McKay Bay all the way out to the city boundary, the
17:15:51 reason why it is going to be wide like this, of course,
17:15:55 we industrial two routes north and South to deal with,
17:15:57 as far as trying to establish where the actual route is
17:15:59 and of course the station locations.
17:16:02 Going back to this table to show you what we have done
17:16:06 is we are using the vision map because we are going to
17:16:10 use the vision map as a cross reference with our urban
17:16:13 villages and mixed use village corridors that we have
17:16:14 on our vision map.
17:16:17 We are using those as a cross reference to show DCA
17:16:21 exactly what the top potential would be for certain
17:16:28 station typologies based on where a certain station
17:16:29 might go.
17:16:32 For example, if you were to have something in the
17:16:34 business district area over here, we know that will
17:16:39 probably be one of these mixed-use regional centers
17:16:41 because it is identified over here -- you have this in
17:16:43 your backup material as far as the table.
17:16:46 I know it is hard to read on the Elmo, but, for
17:16:48 example, it says Westshore district.
17:16:50 A parameter that says this is the highest it
17:16:54 potentially can go at a station location if it was to
17:16:57 be located in the Westshore district.
17:17:01 We already have those specific parameters.
17:17:03 There are more -- they are still kind of general but
17:17:05 more specific to the liking of DCA.
17:17:07 Before we didn't really have anything to give them at
17:17:11 all because of, you know, this not being a static
17:17:14 process with the HART or alternatives analysis.
17:17:16 We were able to by using what they had to be more
17:17:19 So now what we were able to do is show them we have the
17:17:23 typologies, we will show them where they will be
17:17:25 generally speaking if they are within this transit
17:17:31 So only TOD can go within the transit envelope, and
17:17:34 once we have a station location, only within half a
17:17:36 mile of the station location can you have the TOD
17:17:38 actually created.
17:17:40 And what that actual station will be will be determined
17:17:43 based on the stationary plan.
17:17:45 And this will be the next thing that we are going to be
17:17:49 talking about over here, the TOD floating land use is
17:17:50 floating overlay.
17:17:53 You will have approximately anywhere from 10 to 15
17:17:55 station locations openly that will be determined from
17:17:57 University of South Florida all the way down to the
17:18:00 airport, okay, on the first two legs.
17:18:02 So depending on where those are going to be, the
17:18:06 overlays, which are about a half a mile in radius from
17:18:09 the actual station location will figuratively be
17:18:12 floating until the station location exactly figured out
17:18:13 or determined by HART.
17:18:17 Once that is done, it drops.
17:18:22 And then that area will be planned -- that half-mile
17:18:26 area will be planned, stakeholders, private property
17:18:29 owners, homeowners and a process that will occur and we
17:18:32 will have a lot of public input that will go into the
17:18:34 determination of what kind of station location
17:18:36 ultimately we are going to have here.
17:18:38 So we will take into account the fiscal, environmental,
17:18:40 and community neighborhood boundaries.
17:18:44 City Council ultimately will review and approve the
17:18:49 plan boundary, and once this is adopted interim TOD
17:18:51 zoning districts that will be available.
17:18:53 Pour people wanted to go ahead and develop into the
17:18:56 site unless we have tangible TOD policies for zoning
17:19:00 >>MARY MULHERN: Tony, can you explain to me -- when
17:19:05 you just said, at what point does it drop.
17:19:08 At what point is it not floating and it is actually
17:19:13 applied to a specific area?
17:19:15 >>TONY GARCIA: When HART says we are going to put a
17:19:18 station location -- station location is going to be
17:19:21 here at this intersection of x and y.
17:19:22 It's dropped.
17:19:26 What that is that is an area of influence.
17:19:29 That area influence then gets studied.
17:19:30 >>MARY MULHERN: Okay.
17:19:36 But -- so it drops -- here is what I -- I want to
17:19:43 So -- but the whole -- that huge area will still be
17:19:45 potential --
17:19:46 >>TONY GARCIA: No.
17:19:48 >>MARY MULHERN: Like if it drops in one spot, what
17:19:51 happens -- what does that eliminate?
17:19:53 >>TONY GARCIA: Are you talking about the envelope?
17:19:56 Referring back to the transit envelope that I showed
17:20:00 >>MARY MULHERN: Well, yeah -- no -- right.
17:20:02 What you just said when you described a you will the
17:20:05 way from USF down to the airport or whatever, right.
17:20:09 So once the station is -- is identified -- station
17:20:14 location is adopted by HART or decided --
17:20:18 >>TONY GARCIA: Identified.
17:20:19 >>MARY MULHERN: Identified.
17:20:24 Does that mean that -- the rest of the zoning envelope,
17:20:26 I guess, is that what you are calling?
17:20:28 >>TONY GARCIA: A transit envelope.
17:20:30 We did that for the benefit of DCA because there is no
17:20:32 specific route.
17:20:35 We still have two potential routes being evaluated by
17:20:37 >>MARY MULHERN: Right.
17:20:38 Right now.
17:20:43 >>TONY GARCIA: We can't tell them definitively where
17:20:44 the route is going to go.
17:20:46 It is better than saying the whole City of Tampa is
17:20:50 Within this black line you have a potential of a route
17:20:52 coming down, a single route.
17:20:54 Right now we don't have a single route.
17:20:55 We have two.
17:20:57 We created a boundary and said this boundary will
17:21:00 evolve DCA in boundary will get smaller because then we
17:21:01 are going to have one route.
17:21:05 Once we have the one route along that route within this
17:21:07 energy, we are going to have station locations.
17:21:08 >>MARY MULHERN: Right.
17:21:10 >>TONY GARCIA: Each one of those station locations
17:21:14 within a half-mile radius of that location at best, are
17:21:17 we going to have TOD opportunities.
17:21:20 So within the envelope and want half mile of that
17:21:23 envelope from the station location.
17:21:28 >>MARY MULHERN: But right now it's basically
17:21:32 >>TONY GARCIA: No, no.
17:21:35 There is nothing that has been established yet.
17:21:37 >>MARY MULHERN: No, I --
17:21:38 >>TONY GARCIA: You have two outs on each side.
17:21:40 That's all we have right now.
17:21:41 There is nothing to implement.
17:21:43 There is nothing to enforce right now because nothing
17:21:46 has been decided yet.
17:21:50 >>MARY MULHERN: You have two routes where?
17:21:53 >>TONY GARCIA: Chart doing their alternative analysis.
17:21:54 >>MARY MULHERN: I know that.
17:21:57 >>TONY GARCIA: Throughout two potential routes
17:22:00 north-south and two potential routes east-west.
17:22:03 That is what we are referring to as far as how we
17:22:04 establish the envelope.
17:22:09 That's how we establish the energy.
17:22:15 >>MARY MULHERN: Okay, what -- is there a map where you
17:22:18 show us where the whole envelope is?
17:22:20 >>TONY GARCIA: I showed you the map of the envelope.
17:22:23 You have it in your back-up material, the vision map
17:22:25 show it is.
17:22:26 >>MARY MULHERN: I will look it up.
17:22:30 >>TONY GARCIA: May I continue or --
17:22:33 >>MARY MULHERN: Yeah, go ahead.
17:22:35 >>TONY GARCIA: Thank you.
17:22:37 So you will have the completion of adoption of the
17:22:38 stationary plans.
17:22:40 The plans will be completed by the City, the Planning
17:22:44 Commission and determined by the interlocal agreement.
17:22:48 You will have other entities involved besides the
17:22:49 Planning Commission and the city with the interlocal
17:22:53 We are trying to work on the interlocal with several
17:22:57 entities like the MPO, the City Council will review and
17:22:59 approve plans in area-wide zonings.
17:23:03 These are the stationary plan components which include
17:23:05 land use, design, policy and the implementation
17:23:10 strategies, the design involves the land use which
17:23:12 involves a variety of housing and mix of uses
17:23:14 determined by market analysis that determines the
17:23:16 density and intensity of the station.
17:23:19 And we have the TOD design principles related to
17:23:25 The on-site, off-site connotations.
17:23:29 Bike parking, street section design and streetscape and
17:23:30 parking capability.
17:23:33 The TOD design principles regarding community design to
17:23:36 make sure we have an attractive setting and improved
17:23:39 streetscrape and programming for the citizens and
17:23:40 patrons of the area.
17:23:42 Staff recommendation.
17:23:44 Planning Commission's recommendation was to find this
17:23:46 consistent with the comprehensive plan.
17:23:48 We are proud this evening to bring these new policies
17:23:51 to you which will be the first policies regarding TOD
17:23:53 in the region.
17:23:55 Thank you.
17:23:57 >>THOMAS SCOTT: Any questions by Council?
17:23:59 Any public comment?
17:24:00 This is a public hearing.
17:24:02 Anyone wish to address Council?
17:24:03 >>GWEN MILLER: Move to close.
17:24:04 >>JOSEPH P. CAETANO: Second.
17:24:11 >>THOMAS SCOTT: All in favor signify by saying Aye.
17:24:15 We need to -- we need to vote on this now, Tony -- on
17:24:17 each one individually or do them as a group.
17:24:20 You want to do them individually?
17:24:20 >> Yes, please.
17:24:22 I think you should.
17:24:23 I believe you should do --
17:24:24 >>THOMAS SCOTT: A motion.
17:24:30 >>GWEN MILLER: Move -- move to send to -- okay.
17:24:33 Mill thank you, Mr. Chairman, to amend the Tampa
17:24:37 Comprehensive Plan to add the revised objective,
17:24:41 policies associated with language, graphic, maps, and
17:24:45 tables related to transit oriented development,
17:24:49 providing for repeal of ordinance in conflict,
17:24:52 providing for severability and providing for an
17:24:53 effective date.
17:24:56 >>THOMAS SCOTT: Moved by Miss Miller and seconded by
17:24:58 Councilman Miranda.
17:24:59 All in favor, say Aye.
17:25:01 >> Motion carries unanimously.
17:25:05 Second reading is August 26 at 9:30 A.M.
17:25:08 >>THOMAS SCOTT: Item number.
17:25:13 >> Good evening, Council, Rose Petrucha, Planning
17:25:13 Commission staff.
17:25:15 This next item pertains to the Courtney Campbell
17:25:20 Causeway scenic corridor.
17:25:22 In 2005, a comprehensive plan amendment by the Tampa
17:25:23 City Council which included the Courtney Campbell
17:25:27 Causeway as a potential scenic corridor having
17:25:29 statewide significance.
17:25:32 Subsequently the Florida department of Transportation
17:25:35 did designate the Courtney Campbell Causeway as a
17:25:39 scenic corridor, the 14th in the state and the first in
17:25:40 Hillsborough County.
17:25:42 To implement the State of Florida scenic highway
17:25:47 corridor management plan for the causeway, and
17:25:50 objective and nine policies are proposed to be added to
17:25:52 the Tampa Comprehensive Plan.
17:25:55 The amendment recognizes the assets of the area and
17:25:58 further strengthens, the goals, objectives and policies
17:26:00 of the Tampa Comprehensive Plan.
17:26:03 This amendment was heard by the Planning Commission on
17:26:06 January 11 and was found to be consistent.
17:26:09 The state and region has reviewed these amendments and
17:26:12 also found them consistent with the state and regional
17:26:15 The recommendation is for approval.
17:26:18 Thank you.
17:26:19 >>THOMAS SCOTT: Okay.
17:26:21 Any questions by Council.
17:26:23 >>CHARLIE MIRANDA: Mr. Chairman, move of the item.
17:26:25 >>GWEN MILLER: Move to close the public hearing.
17:26:28 >>THOMAS SCOTT: Anyone from the public wish to address
17:26:32 >>GWEN MILLER: Move the closing of the public hearing.
17:26:33 >> Aye.
17:26:35 >>CHARLIE MIRANDA: Amended the Tampa Comprehensive
17:26:38 Plan to add an objective and policy for the Courtney
17:26:42 Campbell Causeway as a scenic corridor providing for
17:26:46 ordinance providing for severability and providing an
17:26:48 effective state.
17:26:49 >>THOMAS SCOTT: Moved and seconded.
17:26:50 All in favor, say Aye.
17:26:54 >> Motion carries unanimously.
17:26:58 Second reading on August 26 at 9:30 A.M.
17:27:00 >>THOMAS SCOTT: Item 3.
17:27:04 >> Mr. Chairman, I need to recuse myself for Item 3 in
17:27:07 the designated area.
17:27:12 >> Councilmember Stokes, you are going to abstain.
17:27:15 >> And not pertain in the discussion.
17:27:19 You are filing form 8b as required with the Clerk.
17:27:19 Thank you.
17:27:22 >>CURTIS STOKES: Thank you.
17:27:27 >>STEPHEN GRIFFIN: Good evening, Council, Stephen
17:27:27 Griffin, Planning Commission staff.
17:27:36 I will do a brief presentation on 09-10, CRA.
17:27:41 The plan amendment for Central Park CRA is to implement
17:27:44 the implementation for the Central Park redevelopment
17:27:47 That plan was developed in 2006 with the purpose of
17:27:52 creating a strategy to eliminate the blighting
17:27:54 conditions of the area, achieve an economically
17:27:59 sustainable redevelopment activity and restore a safe
17:28:02 and pleasant living environment for those area
17:28:07 residents, visitors and the business community.
17:28:10 This shows you the general location of the proposed map
17:28:13 amendment to your comprehensive plan in the City of
17:28:21 The request is to change approximately 41 acres within
17:28:26 the central parks community area from the Central
17:28:29 Business District U.S. category, the regional mixed 200
17:28:33 category, the Community Mixed Use-35, and the relation
17:28:39 83 category to the Urban Mixed Use-60, and the
17:28:44 Recreation Open Space category, the effect of this plan
17:28:47 amendment will provide an enhanced land use
17:28:49 classification for this area, and this will allow for
17:28:53 greater potential for redevelopment of the area and to
17:28:56 attract private investment for the area.
17:29:01 Also, the urban mixed news 60 category is designed as a
17:29:04 high-intensity multifamily, professional office and
17:29:07 Commercial development land use category, and that is a
17:29:10 very preferable category when we are talking about
17:29:13 inviting mixed use developments along one of the
17:29:18 enhanced corridors of the city.
17:29:21 Just to give you an idea of the area that is outlined
17:29:24 here, this shows the area for the plan amendment that
17:29:26 is sort of outlined.
17:29:31 It's mostly to the north of the project just to the
17:29:36 South of i-275 and i-4 interchange, and it is along
17:29:42 Nebraska avenue.
17:29:44 This shows the currently adopted Future Land Use Map
17:29:47 showing the various land categories that will be
17:29:50 changed, Residential-83, Community Mixed Use-35,
17:29:54 Central Business District, and the Regional Mixed
17:30:08 This shows the proposed future land use category with
17:30:13 the Urban Mixed Use-60 and the Recreation Open Space on
17:30:14 the west side of the property.
17:30:16 The Planning Commission did review it and found it
17:30:18 consistent with your comprehensive plan, specifically
17:30:23 with goal 15 in support of the Urban Village which
17:30:32 Central Park is, and with 60 mixed use villages it will
17:30:36 provide a land use category that will allow for mixed
17:30:39 use development along a major transit corridor.
17:30:42 And based upon those reviews and recommendations, the
17:30:46 Planning Commission is recommending to Tampa City
17:30:51 Council that plan amendment 09-10 be found consistent
17:30:53 with the comprehensive plan for the City of Tampa.
17:30:54 That concludes my presentation.
17:30:56 >>THOMAS SCOTT: Any questions from Council?
17:30:59 Anyone from the public wish to address Council on this
17:31:01 Anyone from the public.
17:31:02 Moved and seconded.
17:31:05 All in favor signify by saying aye.
17:31:08 Miss Miller.
17:31:09 >>GWEN MILLER: Thank you, Mr. Chairman.
17:31:11 An ordinance amending the Tampa Comprehensive Plan
17:31:16 Future Land Use Element, Future Land Use Map for the
17:31:20 property located in the general vicinity of Interstate
17:31:23 I-275 and Orange Avenue on the north and west, Cass
17:31:28 Street and on the South and Nebraska Avenue on the east
17:31:32 for all severability and providing for effective date.
17:31:35 >>THOMAS SCOTT: Moved by miss Miller and seconded by
17:31:36 Councilman Miranda.
17:31:38 All in favor, say Aye.
17:31:40 One abstention.
17:31:44 >> Motion carries with Mulhern being absent at vote and
17:31:45 Stokes abstaining.
17:31:48 Second reading and adoption August 26 at 9:30 A.M.
17:31:49 >>THOMAS SCOTT: Okay.
17:31:56 Item 4.
17:31:59 >> Rose Petrucha, Planning Commission staff.
17:32:08 It is a request to change the Future Land Use Map, the
17:32:14 site is located in southern tip of the Peninsula of
17:32:17 South Tampa, the site is located South of Interbay
17:32:23 Boulevard, South of South MacDill Avenue and east of
17:32:26 Himes Avenue and north of West Napoleon Avenue about a
17:32:30 quarter of a mile north from MacDill Air Force Base.
17:32:33 The subject site -- the subject site was acquired by
17:32:37 the City of Tampa with funds from the Hillsborough
17:32:41 County environmental lands acquisition and protection
17:32:47 program and the Florida communities trust acquisitions
17:32:51 You can tell the site is heavily vegetative land area.
17:32:53 As required by the Florida communities trust grant
17:32:57 program, changed the most restrictive land use category
17:33:01 was required as a condition for the acquisition of this
17:33:08 So the request before the approximate 48 acres of land,
17:33:11 publicly owned land and the current future land use
17:33:22 designation of Residential-6 and residential 20 to a
17:33:27 category of Recreation and Open Space.
17:33:29 The net effect of this particular amendment will be to
17:33:32 reduce the development potential -- the maximum
17:33:36 development potential of this site under the current
17:33:39 plan classification by 330 residential units.
17:33:42 Again, the primary purpose of this request is both to
17:33:45 fulfill the requirements of the acquisition grants and
17:33:50 to promote an outdoor, passive recreational -- such as
17:33:53 trails -- for this area and protect the natural
17:33:56 resource protection needs as identified in the
17:33:57 comprehensive plan.
17:33:59 The Planning Commission held a public hearing on this
17:34:03 amendment on January 11 and found it consistent with
17:34:03 the comprehensive plan.
17:34:07 The state and regional agencies reviewed the plan and
17:34:09 found it also consistent with the plan.
17:34:13 The recommendation is for approval.
17:34:14 >>THOMAS SCOTT: Any questions by Council?
17:34:18 Anyone from the public wish to address City Council?
17:34:19 Move to close.
17:34:21 >>CHARLIE MIRANDA: Close.
17:34:21 >> Second.
17:34:29 >>THOMAS SCOTT: All in favor, say Aye.
17:34:30 >>CHARLIE MIRANDA: Mr. Chair, move an ordinance
17:34:34 amending the Tampa Comprehensive Plan Future Land Use
17:34:36 Element, Future Land Use Map for the property located
17:34:42 in the general vicinity South Interbay Boulevard, west
17:34:45 of South MacDill Avenue, east of Himes Avenue, and
17:34:51 north of West Napoleon Avenue providing an effective
17:34:53 >>THOMAS SCOTT: Moved and seconded.
17:34:56 Seconded by Councilwoman Mulhern.
17:34:57 All in favor, say Aye.
17:35:01 >> Motion carries unanimously.
17:35:05 Second reading an adoption at August 26 at 9:30.
17:35:07 >>GWEN MILLER: Move to receive and file.
17:35:08 >> Second.
17:35:11 >>THOMAS SCOTT: All those in favor signify by saying
17:35:15 Let me -- I have a couple of new business items.
17:35:18 Request to move from next Thursday's agenda the -- what
17:35:19 I placed on the agenda.
17:35:22 That will be rescheduled at a later date.
17:35:23 >>CHARLIE MIRANDA: Second.
17:35:25 >>GWEN MILLER: All in favor say aye.
17:35:29 Opposed nay.
17:35:31 >> What was that.
17:35:34 >>THOMAS SCOTT: Remove from the agenda the park assist
17:35:36 >> Okay.
17:35:41 >>THOMAS SCOTT: That will be removed.
17:35:45 On Thursday, July 29, add to the agenda ten minutes
17:35:48 from Tampa General to talk about the Lifelink
17:35:50 Health Care Institute.
17:35:53 Tampa General Hospital.
17:35:55 >>GWEN MILLER: A motion and a second.
17:35:56 All in favor say aye.
17:35:57 Opposed nay.
17:36:00 >>THOMAS SCOTT: Then under the ceremonial items on
17:36:05 29th, a brief presentation by Mrs. Bella Patel, City
17:36:08 Council, regarding a new project she has begun.
17:36:09 >>GWEN MILLER: A motion and a second.
17:36:10 All in favor say aye.
17:36:13 Opposes, nay.
17:36:17 >>THOMAS SCOTT: Any other new business or items?
17:36:21 >>MARY MULHERN: I have one new business item.
17:36:28 We had voted to present commendations to Linda
17:36:31 Saul-Sena and John Dingfelder for their service, and I
17:36:35 would like to set a date, the date of August 26 for the
17:36:39 presentation of commendations to Linda Saul-Sena and
17:36:41 John Dingfelder.
17:36:44 And I would like that to be the first item on the
17:36:49 morning agenda.
17:36:50 >>THOMAS SCOTT: Is that a regular agenda?
17:36:54 Is that a regular agenda, a regular meeting?
17:36:57 >>MARY MULHERN: Christina wrote this up.
17:37:00 >> There is no workshop because of the schedule with
17:37:01 the Florida league of cities.
17:37:03 There is no workshop in August.
17:37:05 And the presentation of the police officer of the month
17:37:07 is scheduled for 9 a.m. presently.
17:37:09 The commendation.
17:37:11 >>MARY MULHERN: August 26.
17:37:15 >> At 9 a.m. off ceremonial item of police officer of
17:37:17 the month because the fact there is no workshop that
17:37:20 >>MARY MULHERN: It is because there is no workshop we
17:37:24 are having a -- a regular Council meeting.
17:37:27 Is that what you are saying?
17:37:28 >> Because there is a Florida league of cities, there
17:37:31 is no meeting on the 19th.
17:37:32 >>MARY MULHERN: We are not even having a meeting.
17:37:35 >> The 19th of augur not having a meeting.
17:37:37 There is no meeting on the 19th of August which means
17:37:40 the whole schedule had to be rearranged and the
17:37:44 workshop fell off the item and the ceremonial item
17:37:47 going to be at the fourth meeting will be at the
17:37:48 regular meeting at the 26th.
17:37:51 You will have a ceremonial item then.
17:37:53 >>THOMAS SCOTT: 26th.
17:37:55 >>MARY MULHERN: We can do it before or after the
17:37:58 After the police.
17:38:00 >>THOMAS SCOTT: Yes, sir.
17:38:01 >>JOSEPH P. CAETANO: I have a new business, Mr.
17:38:03 >>THOMAS SCOTT: Hold up.
17:38:04 Moved and seconded.
17:38:08 All in favor signify by saying aye.
17:38:10 >> Mr. Chairman, who was the second on that one?
17:38:12 >>THOMAS SCOTT: Councilman Miranda.
17:38:15 >>MARY MULHERN: You can advise me -- Council can tell
17:38:17 me if you want to take this up now or the end of the
17:38:24 meeting, but last week we had passed two motions.
17:38:29 A motion to support HART adding a light rail stop at
17:38:35 the airport, and the other motion was to encourage FDOT
17:38:40 to apply for funding for a high-speed rail stop at the
17:38:48 So I would like to present those resolutions now, or I
17:38:50 can wait until the end.
17:38:50 I think we can --
17:38:52 >> Mr. Chairman, if I can clarify.
17:38:56 The motion that Council made set those for next week's
17:38:58 regular agenda.
17:39:00 >>MARY MULHERN: Oh.
17:39:03 >> The motion tonight -- to move them tonight.
17:39:05 They are prepared and can be distributed.
17:39:08 And then it can be removed from next week's agenda if
17:39:09 the Council wishes.
17:39:10 >>MARY MULHERN: I am sorry.
17:39:12 I forgot about that part.
17:39:14 I would like to do this tonight because of the deadline
17:39:20 for funding for the high-speed rail is --
17:39:21 >> August 6.
17:39:22 >>MARY MULHERN: August 6.
17:39:25 For what it's worth, if we don't actually pass the
17:39:29 resolution supporting it, next week would really be too
17:39:30 late to do it.
17:39:34 And the light rail I thought because we made that
17:39:39 motion last week and then HART voted to add that to
17:39:41 their alternative analysis.
17:39:44 That we might as well just pass it tonight to support
17:39:46 their -- their vote.
17:39:50 And indicate that this Council --
17:39:51 >>THOMAS SCOTT: Okay.
17:39:54 Do you want to make a motion to that effect?
17:39:54 >>MARY MULHERN: Yes.
17:39:56 >>THOMAS SCOTT: On the light rail piece?
17:39:58 >>MARY MULHERN: On the light rail.
17:40:02 I would like to move a resolution declaring support for
17:40:05 the Hillsborough area regional transit authority's
17:40:08 inclusion of a Tampa International Airport stop in the
17:40:11 light rail plans being studied for the Tampa Bay region
17:40:14 providing an effective date.
17:40:16 >>THOMAS SCOTT: Councilman Stokes.
17:40:17 >> Do you want to distribute?
17:40:20 You don't have to read the title necessarily.
17:40:21 >>MARY MULHERN: Well, I read it.
17:40:23 >> Just the next one you don't have to.
17:40:25 >>CURTIS STOKES: I need a clarification from attorney
17:40:27 >> Yes, sir.
17:40:29 >>CURTIS STOKES: Because I do own property that may be
17:40:34 affected by the high-speed rail.
17:40:35 >>THOMAS SCOTT: This motion is on the light rail and
17:40:37 we will take that up when we get to the high speed.
17:40:40 This is on the light rail at this point.
17:40:42 >>GWEN MILLER: I have a question, seems like the
17:40:46 airport authority wanted to give up one of their air
17:40:52 sites or hangars -- was that mentioned some time ago?
17:40:53 >> You even in their plans?
17:40:55 >>GWEN MILLER: Yes.
17:40:58 >> I had -- I had heard something to that effect but I
17:40:59 have no personal knowledge.
17:41:00 I don't know.
17:41:02 >>THOMAS SCOTT: There is a master plan that includes
17:41:04 light rail at the airport.
17:41:07 I served five, six years on the aviation authority and
17:41:09 a master plan that includes light rail.
17:41:10 I can tell that you.
17:41:11 I don't know anything --
17:41:13 >>GWEN MILLER: I heard they did not want to give up
17:41:16 one of their air sites or hangars or whatever you want
17:41:19 to call it.
17:41:20 >>THOMAS SCOTT: That may be true.
17:41:23 I don't know, I haven't heard it, but I know in the
17:41:25 master plan that light rail is a part of it.
17:41:29 That has not been repealed.
17:41:33 >>MARY MULHERN: councilor, I don't think you were here
17:41:36 last week, but we already had this discussion last week
17:41:39 and it was -- it was in the plan that was adopted a
17:41:42 long time ago; however, for the transit referendum that
17:41:47 is on the ballot in November, they have not -- as Mr.
17:41:51 Garcia was explaining to us, they haven't identified
17:41:52 the route yet.
17:41:57 So the purpose of this was because HART was going --
17:42:01 not because -- but just to let HART know that this
17:42:05 Council was in favor of extending the rail to the
17:42:11 >>THOMAS SCOTT: Any other questions?
17:42:15 There is a motion and a second.
17:42:16 Moved and seconded.
17:42:19 Seconded by Councilmember Stokes.
17:42:22 All in favor signify by saying aye.
17:42:31 >>MARY MULHERN: The second resolution I -- is to show
17:42:36 our support for having -- oh, I did that again, sorry
17:42:41 -- having an airport stop for the high-speed rail at
17:42:42 the airport.
17:42:46 We talked about it last week when some of you weren't
17:42:50 here, the reasons for this.
17:42:55 And in the interim between last week and today, the
17:42:59 mayor had a press conference basically but the mayor
17:43:07 and some other individuals from the -- from Washington,
17:43:09 and FDOT basically said this was -- they were not going
17:43:13 to do this.
17:43:17 I think it is important for us to show this is about
17:43:23 the future of our region, and because I don't -- I
17:43:27 think that there will be more opportunities, and I
17:43:33 think that we are going to lose out on a global
17:43:36 position in the kind of economic development we need to
17:43:41 have in Tampa, and more and more airports are putting
17:43:44 high-speed rail stations in.
17:43:50 In fact, Tampa Bay was in "USA Today" earlier this week
17:43:54 in an article about how all these airports were adding
17:43:57 high-speed rail stops, and some of that is referenced
17:43:58 in here.
17:44:01 In California, their plan is to do that.
17:44:06 Here in Florida, Miami and Orlando.
17:44:11 So I think our position -- my position hasn't changed,
17:44:15 and there will be other opportunities, and one thing I
17:44:16 don't know if I mentioned this the last time, but I
17:44:20 went to the super regional conference in Orlando about
17:44:24 a month ago, and Ray LaHood, who is the U.S. Secretary
17:44:26 of Transportation, when asked him the question why
17:44:29 Tampa's airport wasn't getting a stop, he said, don't
17:44:34 -- he said there is no reason why you can't apply for
17:44:35 that in the future.
17:44:37 And that this is just the beginning.
17:44:41 And, in fact, this leg from Orlando to Tampa is going
17:44:46 to be the first high-speed line in this country.
17:44:54 So whether we are able to pull it off and apply for
17:44:58 this funding that the deadline is in August or not, I
17:44:59 think there will be other opportunities.
17:45:02 I think it would be a real mistake if we didn't apply
17:45:05 for it, because it is just going to cost more later.
17:45:09 And the fact is, this is not a new tax.
17:45:15 This is not -- we are not asking anyone to pay
17:45:17 additional tax money for this.
17:45:20 This is Federal dollars that are available and will go
17:45:20 somewhere else.
17:45:25 Jacksonville is applying for money for their area,
17:45:28 their city, perhaps their airport too, I am not sure.
17:45:30 Miami is.
17:45:33 So anyway, that's the case, and I also just wanted to
17:45:37 say that because, you know, we passed -- we discussed
17:45:42 this and voted to support the light rail last week.
17:45:45 So we have shown that -- we are talking about two
17:45:45 different systems.
17:45:49 And we are supporting a light rail system at the
17:45:53 airport, but the high-speed rail is a regional system,
17:45:59 and we need to -- and an intrastate system and we need
17:46:01 to support that too.
17:46:04 >>THOMAS SCOTT: Let me just kind of tell Council where
17:46:04 I am.
17:46:11 I received a call this week from Mr. Turanchik.
17:46:14 It is my understanding based on that conversation that
17:46:17 the new grant coming forth is from building the
17:46:19 high-speed rail additionally.
17:46:22 So what they are trying to do is build out -- get the
17:46:26 rest of the money to build out the Tampa, Orlando
17:46:31 His suggestion -- or his thought is -- and when we had
17:46:33 the conversation which is true -- I know this is true,
17:46:37 you are not going to be able to get this money to build
17:46:39 because there is no study done yet to take that line to
17:46:40 the airport.
17:46:43 You have to request, which I was going to try to bring
17:46:46 back next week -- request that they do a study running
17:46:48 the line to the airport.
17:46:50 And this they get the money for that.
17:46:53 The money now that is available for building only.
17:46:54 It is not for the study.
17:46:55 It is not for the plan.
17:46:58 You have to do the plan first as you very well know
17:46:59 with light rail.
17:47:02 So as a result of that, he thought this may be in
17:47:04 conflict and may jeopardize them getting the grant
17:47:06 money to move forward to complete that project.
17:47:10 So what I would suggest is we may want to modify the
17:47:13 language saying we support the grant that is going to
17:47:14 go forward.
17:47:15 That's why -- and that we come back with another
17:47:20 resolution requesting that FDOT and whoever do a study
17:47:29 for adding high speed to the airport and find the
17:47:30 resources and dollars.
17:47:35 Therefore we won't seen as blocking, I guess, future
17:47:38 dollars that may come or may not come.
17:47:51 >>MARY MULHERN: Let me say this.
17:47:54 I don't believe hen they had their press conference
17:47:58 last week, they didn't answer any of these questions.
17:48:00 I believe we have done the studies and this is not a
17:48:02 new -- this is not a new idea.
17:48:06 And I think the reason I left the wording on this.
17:48:09 I didn't put any dates in here for funding.
17:48:12 So this is saying that we support it.
17:48:18 It doesn't say we want to take that $2.1 billion new
17:48:20 grant and insist on that.
17:48:23 So this leaves it open.
17:48:26 Because honestly, I think that there are a lot of --
17:48:29 there is a lot of public support for this.
17:48:34 And it was a political decision not to ask for it as
17:48:36 the airport.
17:48:42 And there are -- our constituents who -- who would
17:48:43 still like to see this happen.
17:48:48 And I don't -- I am not convinced that they don't have
17:48:48 the studies.
17:48:52 I mean, there are answers to those questions -- their
17:48:55 answers to those questions have been, well, we need
17:48:56 three years.
17:48:58 They didn't need three years from the time they found
17:49:01 they were getting -- we were getting this money.
17:49:07 So I know -- and, you know, Ed turanchik is involved
17:49:10 and working on this project so he is not exactly a
17:49:14 disinterested party in this.
17:49:17 So I think we can pass this, and I think that that is
17:49:21 the idea that this somehow building a high-speed rail
17:49:24 station at our airport when every other city, major
17:49:30 airport is doing that, would somehow jeopardize us, you
17:49:34 know, getting this funding is just not -- it is just
17:49:35 not true.
17:49:37 They have said their -- we have got the commitment.
17:49:38 It is going to happen.
17:49:41 They are going to build it whether it goes to the
17:49:41 airport or not.
17:49:44 It is going to -- they are going to build that route
17:49:45 from Orlando to downtown.
17:49:48 I am not -- these are not mutually exclusive.
17:49:53 I -- what -- what I am, you know, advocating is that we
17:49:58 have an additional stop at the airport.
17:50:00 And I will leave it at that --
17:50:05 >>GWEN MILLER: Two different grants, one Ed Turanchik
17:50:07 is doing and--
17:50:09 >>MARY MULHERN: If you are not comfortable with this,
17:50:10 that's fine.
17:50:11 We don't need to pass it.
17:50:15 But I am not comfortable saying that I support not
17:50:18 having it at the airport, which is basically what he is
17:50:19 asking to you do.
17:50:22 >>THOMAS SCOTT: No, that's not what I am saying.
17:50:23 >>MARY MULHERN: You are right.
17:50:26 You are asking -- you are conceding that we can't still
17:50:30 ask for this money for an airport stop, I disagree with
17:50:30 Ed on that.
17:50:38 >>THOMAS SCOTT: Okay, on -- yes, go ahead, I am sorry.
17:50:40 >>YVONNE CAPIN: I just wanted to ask -- Mr. Turanchik
17:50:44 said no study for high-speed rail.
17:50:46 >>THOMAS SCOTT: They have not done the study.
17:50:49 The study has not been done from downtown to the
17:50:50 You got go back now.
17:50:52 What you all don't understand.
17:50:55 The history behind this was that the study was done
17:50:57 several years ago by FDOT.
17:51:01 When Obama came out and said he was going to fund high
17:51:04 speed, they took the project off the shelf, the study
17:51:05 that was done.
17:51:07 So the study is -- the study has been done -- actually
17:51:11 it is from Orlando airport to downtown Tampa.
17:51:12 There is no study to the airport.
17:51:16 So what he is saying pretty much is -- is if we issue a
17:51:19 resolution saying that we want to stop at the airport
17:51:23 for these grant dollars, it may block what they are
17:51:24 trying to accomplish.
17:51:28 What I am saying is, why don't we support -- support
17:51:32 FDOT on the grant application, and then second, come up
17:51:35 with another resolution and say now we request that
17:51:41 monies funded or allocated by FDOT to do the study for
17:51:42 adding a line to the airport.
17:51:45 That's all I am saying.
17:51:47 >>YVONNE CAPIN: I understood that.
17:51:50 I want to ask -- I didn't finish the second part.
17:51:55 We are -- or there is a study for the light rail to go
17:51:56 from downtown to the airport.
17:51:58 >>THOMAS SCOTT: That's what they are doing now, yes.
17:52:00 >>YVONNE CAPIN: They are working on the study now or
17:52:01 it is done.
17:52:03 >>THOMAS SCOTT: What they voted the other day.
17:52:05 >>YVONNE CAPIN: We have a study for light rail.
17:52:10 So there is -- there is a ready -- something in place
17:52:12 to the airport.
17:52:16 I mean, there is a study for a train, light rail to the
17:52:19 >>THOMAS SCOTT: Right.
17:52:23 >>YVONNE CAPIN: Wouldn't that be part of a study for
17:52:24 rapid transit?
17:52:26 >>THOMAS SCOTT: No.
17:52:29 >>YVONNE CAPIN: To the airport -- I am not finished
17:52:32 I am just going to let this -- and this is just part of
17:52:33 something that I experienced.
17:52:38 I spent some time in China in 2005.
17:52:45 And traveled out of the shanghai airport.
17:52:48 And I didn't ride the high-speed rail because they were
17:52:49 working on it.
17:52:54 It is extremely popular, Shanghai downtown to the
17:52:57 And this is just something -- and that was five years
17:53:00 Can -- I just --
17:53:01 >>THOMAS SCOTT: Go ahead.
17:53:04 >>MARY MULHERN: I want to answer -- this is really --
17:53:08 you know, it is really a detailed, complicated question
17:53:11 obviously because they did study high-speed rail a long
17:53:14 time ago but now everyone is invested in the light rail
17:53:17 plan and the partnerships are raising money, and
17:53:18 everyone is focused on that.
17:53:22 And then we got this money kind of as a surprise, but
17:53:25 your question about the studies of light rail to the
17:53:30 They actually are studying two different routes.
17:53:34 So the route -- one of the routes may or may not be the
17:53:38 route that we could use for high-speed rail.
17:53:44 But I do not believe -- I don't see any way that our
17:53:48 asking for this to be considered in general as opposed
17:53:53 to conceding that we shouldn't ask for an airport stop
17:53:54 right now.
17:53:57 I am not comfortable with that, because I do believe
17:54:03 that this has been a political decision over years.
17:54:09 Just -- and it is really a matter of if we had -- if we
17:54:10 asked for it, we would get it.
17:54:16 And I don't see any way this is going to jeopardize
17:54:21 that -- everyone is committed to this, and to Orlando,
17:54:25 to Tampa high-speed rail.
17:54:28 And -- but the fact of where the stations are going to
17:54:30 go, I think we still -- that is something that needs to
17:54:37 come from us, from this community, not just from FDOT
17:54:39 and -- in Tallahassee and Orlando.
17:54:43 And Orlando is getting three stations, and Polk County
17:54:46 is getting a station, and they are not really even sure
17:54:47 where they are putting that yet.
17:54:51 Thing argument that it is too late to -- to make this
17:54:52 part of the plan.
17:54:54 I mean, they are dividing up that money for
17:54:59 construction between all those people, and one -- you
17:55:01 know, one of the stops they don't even know where it is
17:55:04 going to go.
17:55:06 So I -- I don't -- you know.
17:55:09 >>THOMAS SCOTT: Again, let me try to be very --
17:55:11 >>MARY MULHERN: I understand what you are saying, I
17:55:12 can't support that.
17:55:13 >>THOMAS SCOTT: Let me finish.
17:55:14 Let me finish.
17:55:15 Let me finish.
17:55:18 I will be very clear and succinct.
17:55:22 The grant money is for construction.
17:55:23 Shovel-ready construction.
17:55:29 The only reason Tampa, Orlando got the first 1.2
17:55:32 because Obama said it had to be, what, shovel ready.
17:55:35 That's why we got it.
17:55:39 The plan does not include now from downtown Tampa to
17:55:40 the airport.
17:55:44 The money that is here is for shovel ready.
17:55:47 You have to do the study.
17:55:51 To run the plan from downtown Tampa to the airport.
17:55:58 And so there is pots of money for planning and pots of
17:55:59 money for construction.
17:56:02 Went through this whole process, I can tell you all the
17:56:07 way back to '96, Hartline did this whole study on light
17:56:11 They got money for planning, for studying, okay.
17:56:15 The money that they will get in the future will come
17:56:16 for construction.
17:56:19 And so my point is, is the grant that is on the table
17:56:22 now is for construction, not planning.
17:56:25 And so what I am saying is, let's support the
17:56:28 resolution, move forward for getting the grant dollars
17:56:30 to complete the project.
17:56:35 Second -- do a second resolution requesting funding for
17:56:39 the study to add a leg to the airport.
17:56:43 That does not mean I am not supporting a leg, I support
17:56:45 high-speed rail to the airport.
17:56:49 The problem is, is that there is no study that has been
17:56:51 done from downtown Tampa to the airport, I am telling
17:56:56 So we don't want to be seen as obstructionists in terms
17:56:58 of the dollars that are on the table for construction.
17:57:02 That's all I am saying.
17:57:03 I think you were next.
17:57:06 Go ahead.
17:57:07 Miss Capin.
17:57:10 Councilwoman Capin.
17:57:15 >>YVONNE CAPIN: The November ballot for the light rail
17:57:23 passes, and we ask for money for study, what would be
17:57:27 the feasibility of us getting that if we already have
17:57:40 -- if it passes for the light rail -- the one-cent tax.
17:57:43 I don't see the Federal Government giving us more money
17:57:45 to study high speed or do you think they can -- okay.
17:57:47 I am going to let it go.
17:57:48 Thank you.
17:57:50 I could be here all night asking you questions.
17:57:51 I could.
17:57:52 I am good.
17:57:53 Thank you.
17:57:53 I am good.
17:57:56 >>MARY MULHERN: I do know about this.
17:57:57 I was here.
17:57:58 Did read about it.
17:57:59 I have studied it.
17:58:03 And I will tell you what the -- this money is really
17:58:07 going for the right-of-way and clearing the
17:58:16 So I think that -- I don't agree that we can apply for
17:58:26 this and Councilwoman Capin is correct.
17:58:29 We have money available right now, it is Federal
17:58:33 dollars and we will not have it again necessarily.
17:58:36 So I am not ready to just concede that because this may
17:58:41 be the opportunity, at least for this decade to ask to
17:58:42 be included.
17:58:44 >>THOMAS SCOTT: Okay.
17:58:47 >>MARY MULHERN: So I -- you know -- and I --
17:58:50 >>THOMAS SCOTT: Your motion.
17:58:52 >>MARY MULHERN: I wish you wouldn't say that about us
17:58:54 being obstructionists.
17:58:56 This is not obstruction in is asking for us to really
17:58:59 support our airport.
17:59:02 And, you know, they are going -- they are going to
17:59:03 build it --
17:59:05 >>THOMAS SCOTT: All I am saying Councilwoman you can
17:59:07 do this -- you can request the leg.
17:59:08 I am not saying don't do that.
17:59:10 >>MARY MULHERN: No, but we will miss that deadline.
17:59:12 That is the only reason I brought this resolution
17:59:16 If you don't want to pass the resolution that's fine.
17:59:17 >>THOMAS SCOTT: Your motion.
17:59:19 You make the motion.
17:59:21 >>JOSEPH P. CAETANO: A motion made, Mr. Chairman.
17:59:22 >>THOMAS SCOTT: Her motion.
17:59:24 >>JOSEPH P. CAETANO: Did it get a second?
17:59:26 >>MARY MULHERN: No, I passed out the resolution
17:59:31 >>JOSEPH P. CAETANO: So no motion, let's move on, Mr.
17:59:34 If she wants to make another motion for a study, let
17:59:36 her make that motion for a study.
17:59:37 >>THOMAS SCOTT: That is not her intention.
17:59:39 There is a motion for the resolution.
17:59:46 Is there a second?
17:59:48 Dies for lack of a second.
17:59:49 Okay, yes.
17:59:51 >> Mr. Chairman, I am sorry, before we move on.
17:59:53 There were two items on next week's agenda relating to
17:59:57 One was the resolution that was passed.
17:59:59 So I would think it would be appropriate for the past
18:00:02 resolution to make a motion to remove it from the
18:00:07 agenda relating to the Park issue of the light rail, to
18:00:10 have that come off next week's agenda and the issue of
18:00:14 the fact that this item still remains --
18:00:16 >>MARY MULHERN: Well from that died -- I will make a
18:00:22 motion to remove both of them from next week's agenda.
18:00:24 >>THOMAS SCOTT: What are you doing?
18:00:26 >> These items -- the items that -- Councilwoman
18:00:30 Mulhern brought tonight she advanced from next week's
18:00:32 >>THOMAS SCOTT: Is there a second?
18:00:35 To remove them from the agenda for next week?
18:00:36 >>CHARLIE MIRANDA: Second.
18:00:40 >>THOMAS SCOTT: All in favor signify by saying aye.
18:00:44 >>JOSEPH P. CAETANO: Mr. Chairman, are we still on new
18:00:47 >>THOMAS SCOTT: We are still on the high-speed.
18:00:49 You don't want to --
18:00:51 >>GWEN MILLER: Removed both of them from the agenda.
18:00:53 >>JOSEPH P. CAETANO: Mr. Chairman, under new business,
18:00:55 I would like to make a motion to direct our Legal
18:00:58 Department to bring back an ordinance for first reading
18:01:01 at our next regular meeting of Council that amends our
18:01:04 current solicitation ordinance to require that
18:01:07 solicitors not use the medians or traffic islands
18:01:13 because of the recognized public safety.
18:01:17 >> May I -- may I ask that -- did you want the
18:01:19 resolution brought back for a first reading
18:01:22 consideration or do you want to have direct -- direct
18:01:25 the Legal Department to bring back language for -- for
18:01:27 your review.
18:01:28 >>JOSEPH P. CAETANO: Creating an ordinance.
18:01:30 >> Okay, I get it.
18:01:33 And the question then is -- the next regular meeting is
18:01:36 August 5, that may not be enough time, the next regular
18:01:40 meeting after that would be -- the next regular meeting
18:01:42 is the 29th.
18:01:44 Next week, the meeting after that is August 5.
18:01:46 >>JOSEPH P. CAETANO: I think the ordinance probably
18:01:50 written, and I don't think it is --
18:01:55 >>REBECCA KERT: Rebecca Kert, Legal Department.
18:01:58 For the language, if for first read we go need more
18:02:01 time because we need to coordinate with public safety
18:02:04 experts including TPD.
18:02:07 >>THOMAS SCOTT: Okay, Councilman Miranda.
18:02:09 >>CHARLIE MIRANDA: Although I appreciate there is a
18:02:11 problem throughout this city and the whole United
18:02:13 States regarding these issues, there is a lot of things
18:02:20 that come with this that are not, and even though there
18:02:23 is -- I hear small business and this, that, and the
18:02:27 There are a lot of individuals that earn the monies to
18:02:30 pay the rent or the water or the electric or whatever
18:02:36 they do that sell newspapers on -- on really only one
18:02:38 day, Sundays.
18:02:48 And I -- I have always had a feeling that the public is
18:02:53 entitled to know what I do and whether I agree with it
18:02:58 or not, it is written by the media, telecast by the
18:03:02 media and I don't mind reviewing it and looking at it
18:03:04 and saying maybe the only day we can have somebody on
18:03:09 the median -- not on the sidewalk or not on the -- on
18:03:16 Sundays when those papers are sold, but I think at
18:03:19 least we ought to have the individuals -- if I
18:03:22 remember, there were 15 or 20 of those carriers that
18:03:27 came in that made money by selling newspapers who were
18:03:29 not asking us for help.
18:03:32 Were not asking for welfare checks.
18:03:34 It just wanted an opportunity to sell something,
18:03:37 Do I agree with the other side?
18:03:45 I saw today an individual trying to hawk on -- no Zack
18:03:47 and Ashley just on the way in selling water in the
18:03:49 middle of the street.
18:03:51 I think that is wrong.
18:03:53 I don't know how legally you can define something like
18:03:56 If you can control it in other ways.
18:04:02 I am not against the -- the total part of the intent.
18:04:07 I don't favor blocking out any media organization which
18:04:11 would be "the Sentinel" like I said "the Tribune" or
18:04:13 "the times" mainly.
18:04:15 I don't know if they are sold in the median.
18:04:20 I know three of them are, and it is just -- I don't --
18:04:26 I don't like to sequester any part of the media.
18:04:28 Not that this is that intent.
18:04:31 But ramifications of it will have some effect on the
18:04:34 Let's face it, let's be very sincere, since computers
18:04:39 became popular and E-Mail and transmission and tbo.com
18:04:43 and this, that and the other -- I have eight
18:04:47 I don't think one of them reads a paper, well, then
18:04:48 again, I don't do computers.
18:04:51 So I read the paper.
18:04:54 That doesn't make me any better or any worse than them.
18:04:55 This is just a changing time.
18:04:57 A changing of the guards, and I think if we are going
18:04:59 to discuss this, we should at least give the
18:05:02 opportunity -- and I am sure we will between hearings
18:05:04 -- for those who do that and how maybe the Legal
18:05:10 Department can expand on that and create some activity
18:05:15 where you have that one day, Sunday to possibly -- and
18:05:18 if you notice -- I have been noticing this for a long
18:05:20 time because I had a feeling this was coming up.
18:05:25 When the newspaper vendors are there on Sundays, you
18:05:28 don't see the others for whatever reason.
18:05:30 You just don't see them.
18:05:31 >>THOMAS SCOTT: Right.
18:05:34 >>CHARLIE MIRANDA: So on any other day, the other six
18:05:40 days a week is, you know, Betsy bar the barn door.
18:05:41 It's my street.
18:05:42 That's where I am at.
18:05:45 I am not against you, I am just saying we have to come
18:05:47 to something, I think, and at least give the people a
18:05:52 >>THOMAS SCOTT: Okay, Councilman Caetano.
18:05:54 >>JOSEPH P. CAETANO: This will not prevent from
18:05:55 selling newspapers.
18:05:58 What it will do is keep the people off the islands and
18:05:59 median strips.
18:06:03 The gentleman that handles the sales supports this.
18:06:06 My aide talked to him on the phone.
18:06:08 He talked to Mr. Darren.
18:06:10 I don't know Darren's last name, but he does support
18:06:14 this ordinance, and we have to tweak it if it gets to a
18:06:17 point where people are not going to be able to make any
18:06:20 money, but the whole thing is public safety.
18:06:23 >>THOMAS SCOTT: And I support that, but I need Council
18:06:26 again -- I thought we would address this issue, because
18:06:29 I am telling you, you just can't send newspapers --
18:06:30 that whole thing when you start talking about
18:06:34 right-of-way, firefighters and everybody.
18:06:36 So you got to be careful here.
18:06:38 You know, when you start dealing with this.
18:06:41 I thought we had resolved this issue but you want to
18:06:42 speak to this again.
18:06:44 About this right-of-way.
18:06:45 >>REBECCA KERT.
18:06:47 Rebecca kert, Legal Department.
18:06:50 You approved an ordinance several months back that
18:06:53 allowed for solicitation in the right-of-ways under
18:06:54 limited circumstances.
18:06:56 I believe the request here is to still continue to
18:07:00 allow the solicitation with motor vehicles except not
18:07:04 from the median, because as you are right, this is
18:07:05 first amendment protected activity.
18:07:08 That is why I requested a little bit more time than
18:07:11 just one week, because we need to make sure there is a
18:07:14 predicate that we can demonstrate the safety issue.
18:07:16 >>THOMAS SCOTT: Okay, yes.
18:07:18 >>GWEN MILLER: Okay, if we pass this, then who is
18:07:21 going to be control of finding out who is not in the
18:07:22 median who is.
18:07:27 Who will be that person who will --
18:07:28 >>REBECCA KERT: Your ordinance is currently enforced
18:07:31 by the Tampa police department.
18:07:34 >>GWEN MILLER: For everybody -- like Mr. Miranda said
18:07:37 saw the guy selling water in the middle of the street.
18:07:40 The police department hadn't passed that way now.
18:07:43 >> If I can, Mr. Chairman, just very briefly, the way
18:07:46 your ordinance reads now, it requires people when
18:07:48 traffic starts moving, those people who are soliciting
18:07:52 have to exit the roadway, and many times what they do
18:07:55 is they exit on to a median or a traffic island which
18:07:59 in some cases is very narrow while traffic passes very
18:08:01 quickly by them on both sides.
18:08:04 And I believe Mr. Caetano's motion is to amend the
18:08:07 ordinance in such a way they can still solicit, but
18:08:10 when they exit the roadway, they have to exit to the
18:08:13 side of the road rather than be on the median, standing
18:08:16 in the center of the roadway or the traffic island.
18:08:17 >>THOMAS SCOTT: Okay.
18:08:19 They want more time, though, right?
18:08:20 Is that what you are requesting?
18:08:22 >>JOSEPH P. CAETANO: To give them more time if they
18:08:25 need it.
18:08:28 Mr. Chairman, the other day I saw a gentleman in the
18:08:31 middle of the road in a wheelchair handing out free
18:08:36 In the middle of a four-lane road running up and down
18:08:39 with his wheelchair.
18:08:40 >>THOMAS SCOTT: He's crazy.
18:08:45 What is the motion.
18:08:46 >>JOSEPH P. CAETANO: Make a motion to direct our Legal
18:08:48 Department to bring back an ordinance for first reading
18:08:51 on the next regular meeting of Council that amends our
18:08:55 current solicitation order continues into require that
18:08:58 -- mill can't be first reading because you need a while
18:08:59 to do the study.
18:09:01 >>JOSEPH P. CAETANO: They are going to bring back the
18:09:02 language -- right.
18:09:06 Bring back -- bring that -- bring back the language --
18:09:08 do they need more than the next meeting?
18:09:09 >>THOMAS SCOTT: Yes.
18:09:10 Give them 30 days.
18:09:14 >>JOSEPH P. CAETANO: We will give them 30 days then.
18:09:17 Not to use the median or traffic islands because of the
18:09:19 recognized public safety concerns.
18:09:21 >>THOMAS SCOTT: Councilman Miranda.
18:09:24 >>CHARLIE MIRANDA: I am being very sincere when
18:09:27 everyone else also in their own way of thought.
18:09:30 You hear they are in the middle of the road and jump to
18:09:31 the side of the road.
18:09:33 There is no -- there is no -- you can't hide back
18:09:36 There is an accident, the car is going to go your way.
18:09:38 If you are in the median -- in the median or the
18:09:41 sidewalk or wherever you are at, if you were soliciting
18:09:45 something, chances are possibility that something could
18:09:49 More so than if you were in an apartment inside of a
18:09:50 house watching television.
18:09:53 The odds are that a car is more liable to hit you on
18:09:56 the side of the road than if you are inside your home.
18:10:00 What I am saying is I understand the intent and I
18:10:02 appreciate the intent.
18:10:03 I agree with the intent.
18:10:07 I got a media problem that prohibits the Constitutional
18:10:12 right of somebody in my opinion -- I am not an attorney
18:10:16 -- to sell that paper to somebody who may or may not
18:10:18 like what I said today.
18:10:22 And I am sure just what I said today I am going to be
18:10:25 receiving E-Mails and phone calls and this, but it is
18:10:27 not that we don't want to clean it up.
18:10:28 We do.
18:10:32 But maybe we should retreat that little motion and ask
18:10:34 the Legal Department how in the world you can do this,
18:10:38 because I guarantee you if there is any film, you don't
18:10:42 see from 5:30 or 6:00 in the morning to the time they
18:10:46 leave selling newspapers anyone else selling water or
18:10:50 popcorn or I am homeless and I need help.
18:10:51 And that kind of stuff.
18:10:54 I have been watching it now for months.
18:10:56 I can tell you what is going on.
18:11:00 And it is not only in -- not only in Mr. Caetano's
18:11:02 It is in every district in the city.
18:11:05 And Gandy and Dale Mabry.
18:11:07 On Kennedy and Dale Mabry.
18:11:08 On downtown.
18:11:09 It is everywhere.
18:11:12 >>GWEN MILLER: It is all over of the city.
18:11:13 >>CHARLIE MIRANDA: It's all over.
18:11:16 Whether I like it or not -- and I don't like it -- it's
18:11:20 something that has to do with my position on the media
18:11:24 accessibility to say what I did or what I didn't do and
18:11:26 express their feeling on it and whether they are right
18:11:29 or wrong, I commend them for at least writing.
18:11:30 >>THOMAS SCOTT: Is there a second?
18:11:32 Dies for lack of a second.
18:11:36 I want to go back to the high-speed issue.
18:11:38 I am going to submit the gavel.
18:11:42 Again, I support the high-speed rail going to the
18:11:46 I think miss Mulhern has done a tremendous job
18:11:47 representing the view of Council.
18:11:48 We voted on that.
18:11:51 I just think that according to my understanding, the
18:11:54 money now is for construction and not planning.
18:11:57 So what I would like to do is ask again the attorney to
18:12:00 have ready on the 29th a resolution supporting the
18:12:03 high-speed rail, okay.
18:12:05 The construction dollars, okay.
18:12:07 That is the motion.
18:12:14 Can I come back with a second.
18:12:14 >> Second.
18:12:15 >>GWEN MILLER: Question --
18:12:17 >> Clarification on your motion, Mr. Chairman.
18:12:22 To support the -- pursuing the Federal grant to get the
18:12:25 additional dollars to be put toward construction of a
18:12:27 high-speed rail.
18:12:28 >>THOMAS SCOTT: Yes.
18:12:30 >> A request to FDOT then.
18:12:31 >>THOMAS SCOTT: Yes.
18:12:33 >> Support FDOT in procuring additional money.
18:12:35 >>THOMAS SCOTT: Whoever is applying for the grant.
18:12:39 Whether it be the high-speed committee or the FDOT.
18:12:42 It is to support going after those dollars -- the
18:12:44 second round of those Federal dollars.
18:12:46 That's the motion.
18:12:48 >>GWEN MILLER: Any question on the motion?
18:12:51 All in favor of the motion signify by saying aye.
18:12:54 Opposers, nay?
18:12:56 >>THOMAS SCOTT: Secondly, I request that on the 29th
18:13:04 we ask Mr. Turanchik appear before us for five minutes
18:13:07 and explain us to the difference between planning and
18:13:09 construction dollars and have a resolution requesting
18:13:13 the FDOT to apply, find the resources for planning for
18:13:16 a leg, a high-speed rail to the airport.
18:13:17 >>CHARLIE MIRANDA: Second.
18:13:18 >>GWEN MILLER: Motion and a second.
18:13:19 All in favor say aye.
18:13:21 Opposed nay.
18:13:22 Miss Mulhern.
18:13:25 >>MARY MULHERN: I just would like to invite someone
18:13:35 else who -- I don't know who, but someone else who is a
18:13:42 proponent of -- I don't believe Mr. Turanchik has the
18:13:47 same position as you just --
18:13:50 >>THOMAS SCOTT: Who else would you like to invite?
18:13:51 Invite him and --
18:13:55 >>MARY MULHERN: I don't know, someone who has been a
18:13:59 proponent of high-speed rail to the airport and who is
18:14:02 knowledgeable about it, and I will -- I will find them,
18:14:06 but -- I think we need to hear both sides.
18:14:09 >>THOMAS SCOTT: The motion now includes Mr. Turanchik.
18:14:12 That is the motion.
18:14:14 >> Are you making a motion to amend his motion?
18:14:15 >>MARY MULHERN: No.
18:14:19 I am just saying I will -- I will also invite another
18:14:22 expert to speak on this.
18:14:24 >>THOMAS SCOTT: Okay.
18:14:27 >> I just want to make sure that is Council's intent.
18:14:29 >>MARY MULHERN: Yeah, I didn't mean to dismiss his
18:14:34 >>CHARLIE MIRANDA: We can vote on what we have.
18:14:37 Mr. Chairman, I would like to clarify because I think
18:14:39 Mr. Caetano had the right idea, but I don't know if
18:14:43 legally we can say that on a trial basis like we are
18:14:46 doing now, wait 30 days, have the police department
18:14:50 look and review of the safety aspect of the
18:14:53 conversation that we had a few minutes ago, and tweak
18:15:01 it so that only on Sundays can --
18:15:03 >>GWEN MILLER: Only on Sundays?
18:15:05 >>CHARLIE MIRANDA: I don't know if it passes or not.
18:15:07 But the way it is now, they can all sell anything they
18:15:09 want at any time they want, and I have been noticing
18:15:12 more and more vendors that we gave the right to -- to
18:15:17 do vending on the side streets and so forth, and
18:15:18 personal property.
18:15:19 Supposed to be one individual.
18:15:23 Now we have two sometimes and three sometimes, and we
18:15:26 are tightening up on it.
18:15:30 >>JOSEPH P. CAETANO: Mr. Chairman.
18:15:33 St. Petersburg passed an ordinance.
18:15:35 It was challenged by the local newspaper and they
18:15:35 backed out.
18:15:38 We can't be afraid of the newspaper.
18:15:40 When someone gets killed out there, then what are we
18:15:42 going to do.
18:15:45 We are allowing them out there, subject themselves to
18:15:47 getting hurt.
18:15:49 >>THOMAS SCOTT: Mr. Miranda, you brought the issue
18:15:50 back up.
18:15:52 >>CHARLIE MIRANDA: Let me clearly say I am not in
18:15:54 favor of the newspapers.
18:15:58 I am not afraid of myself or anyone else.
18:16:01 >>THOMAS SCOTT: Yes.
18:16:03 >>YVONNE CAPIN: People put themselves in danger all
18:16:04 the time.
18:16:06 They climb mountains and do all kinds of things and
18:16:09 this is -- if it is within the law, that is their
18:16:14 >>CHARLIE MIRANDA: And to add to that, Mr. Chairman,
18:16:16 we are the ones supporting the same things we don't
18:16:19 If we stop giving, they disappear.
18:16:22 If you stop buying, it is like any other business.
18:16:24 Constitute stop buying from a certain store, guess what
18:16:26 happens, even if they are in the mall, they close.
18:16:27 It is the same thing.
18:16:31 >>THOMAS SCOTT: We have items 5-13 nor our evening
18:16:40 So we need to tight ton up.
18:16:48 A few continuances before we swear in all the witnesses
18:16:50 and all that.
18:16:53 >> Towanda Anthony, Land Development.
18:16:57 Council, two items on the agenda tonight.
18:17:03 Z10-08 has withdrawn.
18:17:04 >>THOMAS SCOTT: Number five.
18:17:06 >> Item 5.
18:17:09 >> Make a motion to remove it from the agenda.
18:17:11 >>THOMAS SCOTT: All in favor signify by saying aye.
18:17:18 >> And item 9, z 10-14 cannot be heard and will be
18:17:21 rescheduled by Land Development at a later date.
18:17:24 >>CHARLIE MIRANDA: Move to allow for rescheduling to a
18:17:26 later date.
18:17:26 >> Second.
18:17:27 >>THOMAS SCOTT: Moved and seconded.
18:17:30 All in favor signify by saying aye.
18:17:31 Is that the only someone in.
18:17:35 >> I believe those were the two items.
18:17:40 >>CHARLIE MIRANDA: Move to open public hearing 6, 8,
18:17:44 10, 11, 12, 13, and that's it.
18:17:46 >>THOMAS SCOTT: All in favor -- a second?
18:17:47 >>MARY MULHERN: I seconded.
18:17:50 >>THOMAS SCOTT: All in favor signify by saying aye.
18:17:53 All those speaking to Council tonight please stand and
18:17:54 be sworn at this time.
18:18:02 If you were going to be speaking, testifying, talking.
18:18:06 At this time -- or sleepwalking.
18:18:09 [oath administered by the Clerk]
18:18:11 >> Mr. Chairman, I ask that all written communications
18:18:15 which have been available for public inspection in City
18:18:17 Council's office be received and filed by motion at
18:18:19 this time.
18:18:20 >>THOMAS SCOTT: Is there a second?
18:18:22 Is there a second?
18:18:23 >> Second.
18:18:25 >>THOMAS SCOTT: All in favor signify by saying aye.
18:18:29 >> Secondly, Council, just as a reminder, if you had
18:18:34 any ex parte communication in queens any of today's
18:18:37 hearings please disclose the person and the sum and
18:18:39 substance of that conversation before the public
18:18:40 hearing closes.
18:18:43 Lastly, ladies and gentlemen, if you do testify, again,
18:18:45 if you were not sworn, please make sure that you have
18:18:47 been sworn when you do testify.
18:18:49 I am putting a sign here to remind you.
18:19:11 I thank you very much.
18:19:15 >>THOMAS SCOTT: Item 6, and while we will get into
18:19:20 item 6, we just had a young lady to come in who is the
18:19:32 daughter of Commissioner -- come down, Madison, and say
18:19:33 hello to us.
18:19:45 Madison, come on down.
18:19:47 Come to the mic.
18:19:48 State your name, Madison.
18:19:50 >> Madison.
18:19:53 >>THOMAS SCOTT: Madison what.
18:19:54 Welcome tonight.
18:19:56 Glad to have you here.
18:19:57 Anything you want to say?
18:20:01 >> No.
18:20:05 >> Say hi to miles.
18:20:11 >> Hello, miles.
18:20:15 >>THOMAS SCOTT: Okay.
18:20:18 >> Towanda Anthony, Land Development.
18:20:22 Council application v10-210, a special use request.
18:20:35 The property address is 4720 and 4722 N. Lois Avenue,
18:20:39 they are requesting a special use for building an auto
18:20:45 parts or existing recycling facility.
18:20:50 >> Good evening, once again, members of Council, Tony
18:20:52 Garcia, Planning Commission staff.
18:20:54 Let me give you a few facts as it relates to the
18:20:56 comprehensive plan.
18:20:58 The site that we will be talking about for this
18:21:00 particular case located in the Westshore planning
18:21:03 district, which is one of your districts of opportunity
18:21:04 of growth.
18:21:06 Specifically the site is located within the drew park
18:21:09 area approximately in this location.
18:21:12 It is located on the west face of N. Lois Avenue, which
18:21:15 is a -- an arterial road which is classified within
18:21:18 your functional classification map for the City of
18:21:22 This is also within -- as I said before, the Westshore
18:21:25 planning district which contributes to the city's
18:21:28 objectives by supporting business and industrial
18:21:33 The Drew Park area is strategically locate just east of
18:21:34 Tampa International Airport and also within the
18:21:37 Westshore business center of the Growth Management
18:21:39 solution of the Tampa Comprehensive Plan.
18:21:41 Most of the uses in this area and I will get to the
18:21:43 Future Land Use Map for you now.
18:21:47 Predominant uses in the area, with the exception of the
18:21:49 National Guard location to the north, which is
18:21:52 public-semi public.
18:21:56 The predominant land use classification north of MLK
18:21:58 Boulevard is light industrial, the application before
18:22:04 you this evening is to allowed under the S-II
18:22:06 application that the applicant is proposing for an auto
18:22:08 recycling business which is located just off the
18:22:10 intersection of the southwest corner of the
18:22:14 intersection of Osborn and N. Lois Avenue.
18:22:18 The applicant is asking for several waivers for the
18:22:21 business to allow an access in stacking from 6 to 8
18:22:23 feet and allow the existing screening that is
18:22:27 Planning Commission finds the use itself consistent
18:22:30 with the light industrial classification under the S-II
18:22:34 process and consistent with the comprehensive plan for
18:22:36 the land use table, classification table, but because
18:22:40 of its location to one of the primary roads within the
18:22:43 Drew Park area and request to go with the existing
18:22:49 screening with -- would create the visual impact --
18:22:54 adverse impact to Lois Avenue as I said before, Lois
18:22:57 Avenue is the main -- probably the main north-South
18:23:00 thoroughfare with the new airport road created by the
18:23:03 airport further to the west.
18:23:05 Planning Commission finds the overall request for the
18:23:07 use consistent, but we are not in agreement with the
18:23:10 waver to allow the existing screening which is a
18:23:15 chain-linked fence which does not also provide a lot of
18:23:18 We are okay with the stacking, generally speaking, if
18:23:23 they go with what is proposed 8-foot concrete wall
18:23:25 around the perimeter of the location.
18:23:26 Thank you.
18:23:27 >>THOMAS SCOTT: Any question by Council.
18:23:31 So then, Mr. Garcia, you are in support of the stack
18:23:35 alone as long as the 8-foot wall goes along with that?
18:23:43 >>TONY GARCIA: Correct, Mr. Chairman.
18:23:47 >> Towanda Anthony, Land Development.
18:23:51 There are three being proposed for the site.
18:23:54 I will show you pictures.
18:23:58 This is the zoning atlas.
18:24:01 The proposed area is in the green hatched area and
18:24:06 surrounded by uses and the current use on the site.
18:24:10 The zoning is IG, and you can see that the entire area
18:24:17 is Industrial G zoning district.
18:24:22 The aerial of the site.
18:24:34 Excuse me.
18:24:58 Can I borrow an aerial?
18:24:59 >> Excuse me, Council.
18:25:02 The aerial of the site is by Lois to the east, Thatcher
18:25:04 to the west and to the north.
18:25:08 As you can see it consistency of two parcels surrounded
18:25:12 by office use on the South and the north, as well as
18:25:20 the PD use.
18:25:28 Here is picture of the site.
18:25:42 Here is a picture of the site from the South.
18:25:45 Here is a view of the site from the north.
18:25:50 This is the adjacent use to the South.
18:25:54 The adjacent use to the north.
18:25:58 The adjacent use to the west.
18:26:01 And across the street to the east.
18:26:03 This is the view.
18:26:15 And here is the office use, PD zoning to the east.
18:26:19 The applicant is requesting a special use for recycling
18:26:21 and building an auto parts facility.
18:26:24 The property is located within the Drew Park community
18:26:25 redevelopment area.
18:26:31 The 8858-square-foot parcel consistency of 521 square
18:26:34 feet building use, and is adjacent to industrial uses
18:26:37 to the north, South and west and right-of-way to the
18:26:41 The setbacks are as follows: 10 feet to the South, 10
18:26:45 feet to the west, 13 feet to the east and to the north,
18:26:46 20 feet.
18:26:49 The proposed request requires two parking spaces and
18:26:54 two parking spaces are being provided including one ADA
18:26:57 space, the maximum building height is 60 feet.
18:27:02 Elevations have been submitted.
18:27:04 Staff findings.
18:27:13 Staff has found the plan inconsistent; however, if
18:27:15 changes are made between first and second reading,
18:27:18 requested modifications and revisions, then staff will
18:27:20 find the plan consistent.
18:27:23 Letters have been submitted also for the record and the
18:27:25 revision sheet.
18:27:26 Thank you.
18:27:28 >>THOMAS SCOTT: Thank you.
18:27:47 >> Good afternoon, ladies and gentlemen of Council.
18:27:51 My name is Wynn Barnett.
18:27:52 I was hired by the client.
18:27:54 I am a professional engineer, State of Florida.
18:27:58 I have been handling this project, making the paperwork
18:28:03 and applications for the special use.
18:28:06 The first thing I want to say.
18:28:13 I do not know why the term "auto "repair and parts"
18:28:17 gets in the definition of the scope of this operation.
18:28:22 What this operation does is collect scrap metal, which
18:28:28 is usually old, discarded washing machines, dryers,
18:28:34 metal -- metal products that people would ordinarily
18:28:38 discard in their nearest dumpster.
18:28:44 These people give money by weight for what they submit,
18:28:48 and there is absolutely no auto parts that are being
18:28:52 recycled for this business.
18:28:55 I personally had witnessed the business for two months
18:29:01 and haven't seen any auto parts or any type of grinding
18:29:05 operations or -- or recycling operations.
18:29:11 It is strictly a transport depot for where they weigh
18:29:16 and stock the scrap metal and transport it to another
18:29:27 Now -- what I want to say at this time, I am sure the
18:29:33 use will meet the agenda of the area, but I really want
18:29:38 to make a petition about the requirement for the 8-foot
18:29:40 masonry wall.
18:29:45 I really don't see why this small business should be
18:29:47 forced to make this investment.
18:29:52 I personally feel it will take them out of business.
18:30:00 The six-foot-high screen fence -- chain-linked fence is
18:30:05 And it is hidden from view of the public.
18:30:09 If you go up and down that street, you have much more
18:30:15 businesses that actually do auto work that is out in
18:30:21 the open and there is not one business with an 8-foot
18:30:22 masonry wall.
18:30:25 I think it will -- it will do nothing but obstruct
18:30:31 traffic and cause a problem in the area.
18:30:34 And possibly force my client out of business.
18:30:37 So I ask the Council to think twice about this
18:30:43 As I said, it is strictly just a transport area.
18:30:47 Their business is run very efficiently, very cleanly.
18:30:52 They come and pick up the metal every other day, so
18:30:56 there isn't any metal stored carelessly on the property
18:30:59 at all.
18:31:06 All the metal is in containers, and I feel that we
18:31:10 should give some exception for this business, which I
18:31:13 want to say is environmentally friendly.
18:31:17 As I said, if it wasn't for places like this, people
18:31:19 would be just throwing their old metal and old
18:31:22 appliances out in the streets.
18:31:24 I am open for any questions.
18:31:25 >>THOMAS SCOTT: Okay.
18:31:26 Any questions by Council?
18:31:28 Yes, Councilwoman Mulhern.
18:31:29 >>MARY MULHERN: Yes.
18:31:33 I was wondering -- so you don't know why -- I guess
18:31:35 maybe this is a question for staff.
18:31:41 Why -- why it is called auto when it is not an auto --
18:31:43 well, it is, on the --
18:31:46 >>GWEN MILLER: Not in the -- not on the agenda, it is
18:31:52 >>MARY MULHERN: It is on the agenda.
18:31:58 >>GWEN MILLER: Says Fedco Scrap Recycling Corporation.
18:32:02 >> Under our permitted uses allows for recycling and
18:32:05 two types of recycling facilities we have, the auto
18:32:10 repair, auto body part, and it is also the MFR, and
18:32:13 they don't meet the standard for the mfr.
18:32:17 They fall under the auto body repair -- excuse me, auto
18:32:19 body parts.
18:32:22 >>MARY MULHERN: So is this -- typically when people
18:32:23 don't fall in those two categories.
18:32:25 >> Based on the definition.
18:32:29 They meet the definition for auto body parts.
18:32:33 >>MARY MULHERN: Okay.
18:32:35 Then I don't think that is your problem.
18:32:39 Your problems -- your question -- it is just a matter
18:32:41 of language and the way that they call -- you know,
18:32:42 call different --
18:32:48 >> Based on the special use criteria he needs an 8-foot
18:32:55 masonry wall and he is asking to waive that criteria.
18:32:57 >>THOMAS SCOTT: Councilman Miranda.
18:33:00 >>CHARLIE MIRANDA: Agree with miss Mulhern.
18:33:03 Auto is there -- a lot of auto repair shops and one
18:33:05 thing or the other.
18:33:07 Transmission shops and what have you.
18:33:09 If they want to dispose of something and they take it
18:33:12 to this one or other scrap recycling corporation, and
18:33:15 you didn't have the word "auto" there and guess what,
18:33:17 you will get cited for something that you shouldn't be
18:33:18 cited for.
18:33:20 So I think they opened the definition a bit so you can
18:33:22 do the same things.
18:33:27 I can tell that you I may be one of two inspection off,
18:33:31 but Channel District drew Park have 189 parcels of
18:33:34 property in which 256 of them have been sited and out
18:33:38 of the 256 created a turn around of 550 citations on
18:33:42 890 -- 889 properties.
18:33:47 So we have just sent up in the last two weeks I think
18:33:52 it was, at last meeting through Kathy Coyle, to change
18:33:55 and try to help out and facilitate the difference
18:33:57 between a junkyard and a scrap yard.
18:34:01 I think you remember that discussion with miss Coyle.
18:34:06 And that was done to facilitate these operations.
18:34:08 I don't know if this is the same one, but the last two
18:34:11 years, I have been working to try to change some of
18:34:15 those locations because that is an IG zone and an IH
18:34:18 zone and also residential.
18:34:22 If I remember this petition, this petition was caused
18:34:27 by the city issuing zoning violations and forcing this
18:34:31 petitioner to relocate to another location, what
18:34:35 happens to be now in the corridor on Lois Avenue.
18:34:38 Where it was before was Alva.
18:34:39 I am not sure.
18:34:40 One or two blocks off.
18:34:42 But -- I have been there.
18:34:44 Not to this one, to the old one.
18:34:48 They had nothing but a clean operation, but they were
18:34:50 cited, and that's what happened.
18:34:55 Now we have a new set of problems because it is in the
18:34:58 gateway or one of the gateways in and out of the city.
18:35:03 You got AGZ not too far away and other avenues, so you
18:35:05 have some of the other types that we mentioned,
18:35:09 That's why some of these things were grandfathered in
18:35:12 or aren't going to be grandfathered in and it changes.
18:35:15 As much as we try to help and at that takes some time
18:35:18 to make change, there is progress in the change, but
18:35:21 now the location where it is at, it is in a view
18:35:24 corridor and that is where the problem comes in.
18:35:25 >>THOMAS SCOTT: Okay.
18:35:28 Any other questions by Council?
18:35:30 Anyone from the public wish to address the City Council
18:35:34 at this time?
18:35:36 Those in opposition.
18:35:38 If you were in opposition --
18:35:39 >> No.
18:35:41 >>THOMAS SCOTT: Anyone in opposition.
18:35:43 Those in support.
18:35:44 >> In support.
18:35:45 >>THOMAS SCOTT: Anyone here in opposition?
18:35:50 Those in support.
18:35:53 >> Good evening, for the record my name is Janet door
18:35:53 her tee.
18:35:58 First I would like to welcome Councilman Capin and
18:36:01 Councilman Curtis.
18:36:03 >>CHARLIE MIRANDA: What about the others, you need
18:36:05 four votes.
18:36:07 >> It is good to see both of you.
18:36:12 I just want to say I am a member of recycle Florida
18:36:17 And I am also a member of Pinellas partners in
18:36:20 recycling, and I agree with Mr. Miranda as far as the
18:36:23 housekeeping on this -- this venue and this site.
18:36:26 But more importantly, what they are doing this is such
18:36:27 a great thing.
18:36:31 And it doesn't happen every day, and we need to take
18:36:34 advantage of it, because all of these refrigerators and
18:36:37 washing machines, they all end up in the land fill, and
18:36:40 there is only a certain amount of landfill capacity.
18:36:43 And it is really great when you can take a used
18:36:45 appliance and recycle it into something good.
18:36:49 I mean we all take our tin cans and our trash and our
18:36:50 cardboard and things like that.
18:36:52 We personally recycle.
18:36:54 So I am actually for this project.
18:36:57 Maybe there is a way they can work it out.
18:37:01 It sounded like staff was saying that it was six to
18:37:03 eight feet stacking cars and that's why they needed a
18:37:07 screened fence and that didn't make sense to me either.
18:37:09 Maybe perhaps there is a wall in the front that can be
18:37:12 utilized but maybe not on the side or maybe they could
18:37:15 in their waiver guarantee to keep it a certain height,
18:37:21 but this is absolutely -- it is not a murf, but a baby
18:37:25 murf and a great recycling project so thank you very
18:37:27 >>THOMAS SCOTT: Okay.
18:37:29 Next speaker.
18:37:32 Sir -- this is the time for the public.
18:37:34 >> My name is Eric Myers.
18:37:39 I happen to be a property owner in Drew Park.
18:37:43 I have been in Drew Park since 1958.
18:37:48 I operated an auto salvage yard directly across the
18:37:53 street from the Delta Airport hangar for many years.
18:37:57 I owned like 200 feet on Westshore boulevard which I
18:37:59 eventually sold to the airport.
18:38:06 I even block that is between Cahuga and Alva, between
18:38:07 Manhattan and Hubert.
18:38:11 Correct, Mr. Miranda, the -- these people are not the
18:38:17 ones that were -- that moved from Alva to Lois.
18:38:24 The people that got bumped over on Alva, piece of
18:38:25 property are on my property.
18:38:29 And they were cited originally -- the owner on the
18:38:34 property that they were on Alva was cited for them
18:38:38 being not in compliance, and forcing them literally out
18:38:42 of business as Mr. Miranda said.
18:38:46 The -- I have been in the recycling, auto salvage
18:38:48 business for over 40 years.
18:38:55 I have seen the auto salvage business change from it
18:38:59 being a salvage being -- or recycling being a byproduct
18:39:02 of the auto salvage business to the auto savage
18:39:08 business being a byproduct to the scrap metal business.
18:39:13 What these people are providing, whether it is a mom
18:39:16 and pop organization or a small organization, they are
18:39:22 running these things and I am sure many of you have
18:39:25 seen pickup trucks driving around town where they stop
18:39:25 by people's yards.
18:39:28 I know if I have scrap metal at my house.
18:39:31 I put it on the curb, all of the sudden it is gone the
18:39:34 next morning and you will see these pickup trucks going
18:39:37 around town picking up this debris to have it -- and
18:39:43 taking it to these small recycling operations.
18:39:47 With that being said, having been in Drew Park as long
18:39:51 as I have, and knowing that regardless what anybody
18:39:58 says, Drew Park is a mixed zoning or mixed use zoning.
18:40:01 They tried to differentiate.
18:40:02 You can't do it.
18:40:05 It is time bedded in there.
18:40:09 I think some considerations need to be made to somehow
18:40:14 rather than creating a hardship for a business that is
18:40:18 an asset to this community and believe me, this is an
18:40:21 asset to this community if you will see the amount of
18:40:24 debris that these people are handling.
18:40:28 And they are running clean operations.
18:40:34 And it is really, really sad to put upon them
18:40:37 restrictions and constraints that are totally
18:40:43 To put up a concrete wall -- actually, as a matter of
18:40:53 fact, the city in 1987, I believe it was, there abouts,
18:40:57 modified the auto salvage criteria, that it could be an
18:41:01 I zoning under certain criteria, and that was passed by
18:41:06 Gloria and Tom Snelling.
18:41:08 >>THOMAS SCOTT: Thank you.
18:41:08 >> Okay.
18:41:10 >>THOMAS SCOTT: Thank you, sir, very much.
18:41:11 Anyone else in support?
18:41:19 I guess the question is, is -- to staff, so -- Janet
18:41:20 came up.
18:41:25 The reason they are -- zoning for this category, is
18:41:27 that right, staff?
18:41:29 And they are also asking for a waiver from six feet to
18:41:32 be able to go to eight feet.
18:41:32 >> Yes.
18:41:35 >>THOMAS SCOTT: And also a waiver on the square
18:41:41 footage from 20,000 to 18,800.
18:41:45 >> They, they are requesting three waivers, Towanda
18:41:48 Anthony, Land Development.
18:41:54 >>THOMAS SCOTT: A letter passed out by Mr. Shelby or
18:41:58 somebody that the zoning committee is in support of the
18:42:02 8-foot -- the waiver for the -- stacking the to eight
18:42:06 feet, as long the wall runs concurrent with that as I
18:42:07 understand it.
18:42:10 >> The Drew Park --
18:42:12 >>THOMAS SCOTT: As well as the Planning Commission.
18:42:16 >> There were two different Drew Park associations.
18:42:18 One was in support of all three waivers.
18:42:23 And that was the subcommittee.
18:42:26 The Drew Park code enforcement advisory committee was
18:42:35 not in support of the 8-foot wall waiver.
18:42:38 >>THOMAS SCOTT: Well, the letter I have here says Drew
18:42:41 Park subcommittee asked me to communicate to you the
18:42:44 following additional recommendations and request that
18:42:48 they be made a part of the record and approved site
18:42:52 plan, which they -- they state is that they are in
18:42:58 support of the 8-foot wall as long as there is a wall.
18:43:01 They are in support of the eight-foot stacking as long
18:43:05 as there is a wall that is consistent with the allowed
18:43:06 height of the stacking.
18:43:08 That's what I have here.
18:43:12 So now which group you are talking about I am not sure,
18:43:18 but the Drew Park Code Enforcement, subcommittee said
18:43:20 they support the wall as well as the waiver for the
18:43:25 >> Yes, waiver 1, the subcommittee does not support the
18:43:29 request to waive the requirement of the masonry wall.
18:43:31 That is the code enforcement committee.
18:43:34 The CRA, Community Advisory Committee, was in support
18:43:36 of the petition and all favors.
18:43:38 >>THOMAS SCOTT: Okay.
18:43:41 Okay then -- all right.
18:43:44 Any other questions of staff?
18:43:46 Any other questions?
18:43:48 >>CHARLIE MIRANDA: I believe, Mr. Chairman -- excuse
18:43:51 me, go on.
18:43:53 >>CURTIS STOKES: I just had a comment.
18:43:55 We are in all support of small business, but if you
18:43:58 remember the old 40th street -- the washing machines
18:44:02 and things right before the 40th street bridge, how
18:44:03 unsightly that was.
18:44:06 I think it is important that we keep things like that
18:44:10 invisible from the road, and the north Lois road is a
18:44:13 very visible and traveled road.
18:44:16 Any time we can make it aesthetically pleasing to the
18:44:19 community and keep that away from the public view is
18:44:23 >>THOMAS SCOTT: Okay, Councilman Miranda.
18:44:26 >>CHARLIE MIRANDA: I was going to say I think you are
18:44:28 trying to reach for a compromise, and we are changing
18:44:31 the rules and we are -- it says here you can't -- you
18:44:34 can't dismantle a wrecked automobile on that site.
18:44:39 That doesn't mean you can't buy it as a part and sell
18:44:41 it in the next day.
18:44:42 They bring them to you.
18:44:45 You don't have to do anything but dismantle.
18:44:45 You are a scrap.
18:44:46 You are not a junkyard.
18:44:49 You pile them up and this two days, like the evidence
18:44:51 was put on the record, they are loaded up and they are
18:44:55 taken out to the junkyard, weighed and collected the
18:44:56 money, and you pocket the difference.
18:44:59 Hopefully there is a difference.
18:45:01 But what I am trying to say is, we are trying to come
18:45:06 to a compromise a corridor of the section of the city
18:45:11 even though it is an IG, IH and I agree to that and
18:45:12 some mixed residential.
18:45:15 It is certainly much better than what was there before
18:45:18 because nothing there other than violations.
18:45:19 A lot of violations.
18:45:21 A lot of heartache.
18:45:24 A lot of time wasted.
18:45:24 To them.
18:45:26 Not to us.
18:45:28 And a lot of hearings right near this room with another
18:45:32 But what I am saying, we are trying to work this thing
18:45:36 out as reasonable as we can, and shower getting a
18:45:40 Yes, it costs money to put in an 8-foot wall, but it
18:45:43 also keeps new business.
18:45:46 -- keeps you in business.
18:45:48 I just made a statement --
18:45:50 >>THOMAS SCOTT: Councilwoman Mulhern.
18:45:53 >>MARY MULHERN: I guess -- I don't know who this
18:45:56 question would be for, but we -- one of the things we
18:45:59 talked about this morning at our CRA meeting was
18:46:04 Can they -- can Drew Park, is a fence something you can
18:46:08 apply for matching funds?
18:46:14 We -- under our CRA, you can apply for a matching grant
18:46:17 for -- to improve the facade of your business.
18:46:21 So if you were to build this concrete wall, could you
18:46:27 probably apply for matching funds up to $50,000 to put
18:46:30 that fence in.
18:46:32 It is just a thought.
18:46:35 >> I can't -- Councilwoman Mulhern, I can't speak to
18:46:38 whether they can or can't.
18:46:42 But I would not -- I would not like this gentleman to
18:46:45 know -- well, two things, a, you can't make that a
18:46:49 >>MARY MULHERN: Not a commitment or a condition or
18:46:50 We have no idea.
18:46:52 I am just giving him the information because it
18:46:53 occurred to me.
18:46:55 >> The thing is I would not like him if he is going to
18:46:58 agree to this done have that understanding that he
18:47:00 would by right have that available to him.
18:47:02 It may or may not be.
18:47:06 If it is your choice to agree to that done have the
18:47:10 masonry wall you could attempt to apply for the grant,
18:47:14 but not a condition that Council can assure you of.
18:47:15 >>MARY MULHERN: Right.
18:47:18 No guarantee that -- you would have to go through the
18:47:22 process with the CRA board and advisory people.
18:47:23 >>THOMAS SCOTT: Any other questions?
18:47:25 Okay puff -- you have rebuttal.
18:47:27 Five-minute rebuttal if you want.
18:47:30 Staff, do you have anything to add?
18:47:32 One second, sir.
18:47:34 Just one second.
18:47:36 Staff wanted to add something to the record.
18:47:41 >> Towanda Anthony, Land Development.
18:47:44 If the petitioner is in agreement, Council, we would
18:47:48 recommend that they provide a masonry wall along Lois
18:47:51 and 15 feet to the east, as well as to the west.
18:47:55 >>THOMAS SCOTT: Okay.
18:47:58 Okay, sir, you have five minutes.
18:48:02 You don't have to take all five.
18:48:05 >> I won't.
18:48:09 Well, you know, there is always compromise.
18:48:15 And -- and I am sure client and myself are willing to
18:48:19 I understand the concerns of the Council about keeping
18:48:24 the site --
18:48:27 >>CHARLIE MIRANDA: What the compromise is.
18:48:29 >> Excuse me?
18:48:32 You got to tell me what the compromise is.
18:48:34 >> The wall not going around the entire property that
18:48:37 staff had recommended that agreed to, but just on this
18:48:42 -- on the property line on Lois Avenue and 15th -- and
18:48:46 15 feet on the side property line.
18:48:48 >>THOMAS SCOTT: I think they just stated on the record
18:48:50 what they were requiring.
18:48:55 Do you all want to state that again?
18:48:57 It is a requirement.
18:48:59 >>GWEN MILLER: Is it a requirement?
18:49:02 >> Well, we are requesting the petitioner if he is in
18:49:06 agreement and that would be the compromise the masonry
18:49:09 wall along Lois and the two South yards, to the South
18:49:13 and the north yard 15 feet.
18:49:17 >>CHARLIE MIRANDA: 15 feet?
18:49:18 >> Yes.
18:49:20 >> May I ask for a clarification?
18:49:23 What does the code require with regard to a wall just
18:49:25 so that the Council will be able to judge that against
18:49:27 what the waiver is.
18:49:31 >> 8-foot masonry wall is required along the entire
18:49:34 site -- along the entire property line.
18:49:36 >> The height of that wall.
18:49:37 >> 8 feet.
18:49:40 >> 8 feet.
18:49:44 >>CHARLIE MIRANDA: I understand 15 feet on each side
18:49:47 so when you are driving by you really can't see in.
18:49:47 >> Yes.
18:49:49 >>CHARLIE MIRANDA: That is the intent.
18:49:52 The front building and the next building that is there
18:49:53 so you can't see back.
18:49:57 >> Yes, in order to -- when you are driving down Lois
18:50:01 for visibility, it would go 15 feet back on both side
18:50:07 >>THOMAS SCOTT: Are you in agreement with that, sir?
18:50:09 >> I am in agreement with that if it has to be a
18:50:10 masonry wall.
18:50:13 I mean, there are other ways of screening beside a
18:50:14 masonry wall.
18:50:17 >>THOMAS SCOTT: They are requiring a masonry wall.
18:50:19 >>CHARLIE MIRANDA: Let me go one step further.
18:50:21 You are in agreement.
18:50:23 The question is, is your client in agreement.
18:50:28 Are you the property owner?
18:50:30 >> The property owner is not there.
18:50:43 >>CHARLIE MIRANDA: You better ask your client.
18:50:53 >>THOMAS SCOTT: Chain-link fence won't do it though.
18:50:56 >>THOMAS SCOTT: Okay -- while you all debate, do you
18:50:59 need for us to move to the next item while you all
18:51:02 >> Well, actually --
18:51:04 >>THOMAS SCOTT: State your name for the record.
18:51:06 Please state your name for the record.
18:51:10 >> Felciano Alfonso, the owner of the property.
18:51:16 First of all, I wanted to say that these people that
18:51:21 are trying to go -- go on with this business there are
18:51:22 working people.
18:51:29 The people deserve to be in business there.
18:51:33 I wanted to mention about this auto thing in my
18:51:40 property, I am not allowing any auto things at all.
18:51:43 >>THOMAS SCOTT: Okay, sir, sir, let me just say that
18:51:45 is not the issue on the table.
18:51:47 What is on the table now are you in agreement to the
18:51:50 8-foot wall going 15 feet on both sides and in the
18:51:54 front so they can not see in as I understand.
18:51:58 >> 15 feet in there on one side --
18:52:12 >>CHARLIE MIRANDA: [SPEAKING FOREIGN LANGUAGE]
18:52:14 >> But what is the difference between --
18:52:16 >>CHARLIE MIRANDA: The difference is if it passes or
18:52:17 it fails.
18:52:21 >> Well, actually -- yeah, right, right, but what I
18:52:27 mean is the things that we do have there in -- between
18:52:32 that and the block --
18:52:34 >>CHARLIE MIRANDA: I don't know what language to use
18:52:36 I may go to a third language.
18:52:39 But what I am trying to tell you is this.
18:52:40 [SPEAKING FOREIGN LANGUAGE]
18:53:16 >>CHARLIE MIRANDA: Let's go back to English because
18:53:21 the public is saying what's going on here.
18:53:26 >> Already talk about that property being any site.
18:53:30 We never have any problem on that property.
18:53:33 We might talk about other property, but not mine.
18:53:34 Because --
18:53:35 >>CHARLIE MIRANDA: We are not trying to talk about
18:53:36 your property.
18:53:39 If we didn't have a problem on your property, we
18:53:41 wouldn't be here today.
18:53:42 Let's face it.
18:53:44 Let's be honest with each other.
18:53:47 If there was no problem, you wouldn't be here and we
18:53:48 wouldn't be listening to this.
18:53:50 So we are trying to solve a problem.
18:53:52 [speaking foreign language]
18:53:53 >> Definitely.
18:53:55 I want to resolve the problem.
18:53:56 >>CHARLIE MIRANDA: All we need is a commitment from
18:54:00 you through your agent that your going to put an 8-foot
18:54:03 wall so you can go 8 foot high not 6 and have a better
18:54:07 lifestyle, a better valuable property and the city gets
18:54:08 a good ordinance.
18:54:11 >> I just wanted to mention something, when the truck
18:54:19 is coming out Lois Avenue, how is going to be -- coming
18:54:24 to the driveway and -- we are being -- I think we need
18:54:28 to open that section where the gate is a little bit
18:54:32 better what is the driveway there.
18:54:34 You know what I mean.
18:54:35 >>CHARLIE MIRANDA: Let me ask you.
18:54:38 What is the size of the opening of the entrance ingress
18:54:40 and egress?
18:54:42 >> Should be --
18:54:44 >> 26 feet.
18:54:47 >>CHARLIE MIRANDA: You need more than 26 feet?
18:54:50 >> Well, it might be.
18:54:58 What do you think, engineer?
18:55:05 I just wanted to mention the entrance, you know.
18:55:08 >>CHARLIE MIRANDA: 26 feet is wide enough for two
18:55:10 semis to pass each other.
18:55:12 Not one, but two.
18:55:13 >> You know better than I do.
18:55:15 >>CHARLIE MIRANDA: I don't know better than that, but I
18:55:18 know the width of a semi is not 13 feet because only
18:55:20 the roadway is 12.
18:55:22 >> I agree to do that.
18:55:25 >>CHARLIE MIRANDA: You agree for the masonry wall and
18:55:29 15 feet on both sides.
18:55:29 >> Yes.
18:55:34 >>CHARLIE MIRANDA: [speaking foreign language]
18:55:36 >> Thank you, Miranda.
18:55:39 >> I just need to be corrected, it is 22 feet is the
18:55:45 >>CHARLIE MIRANDA: 22 versus 26.
18:55:50 Half an inch on both sides.
18:55:51 >> I want to say one thing.
18:55:54 An 8-foot wall, I am concerned about visibility of
18:55:57 traffic -- with traffic coming in and coming out with
18:56:01 -- with road traffic not seeing them.
18:56:03 That is my concern.
18:56:05 >>THOMAS SCOTT: Staff has been out to this place.
18:56:07 They have viewed it.
18:56:09 They have used their professional opinion to bring and
18:56:15 recommend to us. Now I am trying to move this agenda.
18:56:17 And we keep going back and forth.
18:56:20 You are going to have to put the masonry wall up there.
18:56:21 I am just telling you.
18:56:22 If you want my vote.
18:56:25 Let me put it that way, if you want my vote you are
18:56:27 going to have to put it there.
18:56:30 We made a compromise and that is it will only be 15
18:56:34 feet, you know, on both sides north and South.
18:56:36 I mean, you don't have to do the whole perimeter.
18:56:38 I think that is a very good compromise.
18:56:39 >> I agree.
18:56:40 >>THOMAS SCOTT: Okay.
18:56:41 All right.
18:56:41 Thank you.
18:56:43 >>GWEN MILLER: I move to close the public hearing.
18:56:46 >>THOMAS SCOTT: Okay, staff.
18:56:50 >>ABBYE FEELEY: If I may just a moment, Abbye Feeley,
18:56:51 Land Development corporation.
18:56:54 Just to get on the record, the first waiver that reads
18:56:57 for the modification for the chain-link for the entire
18:57:00 property will need to be modified between first and
18:57:02 second reading to only include now the north, South and
18:57:06 west portion, and then we are going to add an
18:57:09 illustration to the site plan showing an 8-foot
18:57:14 concrete masonry wall along Lois Avenue and 15 feet on
18:57:18 the north and South boundary attached to that wall,
18:57:20 extending westward.
18:57:23 >>CHARLIE MIRANDA: that's correct.
18:57:25 >>ABBYE FEELEY: All other revisions noted on the
18:57:28 revision sheet provided by staff will still need to be
18:57:30 incorporated into your motion.
18:57:32 And I did check with Transportation concerning the
18:57:33 sight visibility.
18:57:36 I do want to acknowledge there will be some sort of
18:57:39 gate, rolling gate or closure to finish that wall to
18:57:44 provide screening when that operation is not in service
18:57:46 or during business hours.
18:57:50 So at the close of business hours, they need to close a
18:57:53 gate or something that finalizes that opacity and you
18:57:55 can not see into the property.
18:57:56 >>THOMAS SCOTT: We will make that a part of the
18:57:59 >>ABBYE FEELEY: Okay, and I think -- the site
18:58:03 I checked with Transportation, there is plenty of room
18:58:05 on the apron on the other side of the wall just like on
18:58:07 the fence to take care of the sight visibility.
18:58:09 >>THOMAS SCOTT: Thank you very much, motion to close.
18:58:13 All in favor signify by saying aye.
18:58:14 Councilman Miranda.
18:58:16 >>CHARLIE MIRANDA: I think I am getting paid double
18:58:21 Mr. Chairman, move an ordinance with the following
18:58:27 items that were discussed by Abbye Feeley to amend
18:58:28 between first and second reading an ordinance approving
18:58:32 a special use as to approving a recycling building,
18:58:35 auto parts facility and IG Industrial General zoning
18:58:41 district in the general vicinity of 4720, 4722 N. Lois
18:58:44 Avenue more particularly described in Section 1
18:58:46 providing an effective date.
18:58:48 >> That includes include as you said all --
18:58:50 >>CHARLIE MIRANDA: All of the amendments added and
18:58:51 agreed to.
18:58:52 >>THOMAS SCOTT: Moved and seconded.
18:58:55 Seconded by Councilwoman Mulhern.
18:58:58 All in favor signify by saying aye.
18:59:02 >> Motion carried unanimously.
18:59:05 Second reading and adoption on August 5 at 9:30.
18:59:33 >>THOMAS SCOTT: Item 7.
18:59:43 Take one and just pass it on down.
18:59:48 >> Councilmembers, folks, may I make a suggestion.
18:59:51 If the staff gives them to me, then what I can do is
18:59:55 distribute it and you don't have to be burdened by it
18:59:57 >>THOMAS SCOTT: That's fine.
18:59:59 >>MARY MULHERN: He is a genius.
19:00:03 I am so glad I voted for you.
19:00:05 >>THOMAS SCOTT: We have a Councilmember on the end who
19:00:07 is not accustomed --
19:00:15 [ Laughter ]
19:00:23 >>MARY MULHERN: The fun never stops.
19:00:24 >>THOMAS SCOTT: Okay.
19:00:32 >> Towanda Anthony, v10-214, 2909 West Azeele Street,
19:00:36 the current zoning on the property is RM-16,
19:00:38 residential multifamily and this is a special use
19:00:47 request for a day care.
19:00:49 >>TONY GARCIA: Good evening, again, members of the
19:00:52 Council, Tony Garcia, Planning Commission staff.
19:00:56 I have been sworn in.
19:00:59 The site presently before you is located within the
19:01:01 central Tampa planning district.
19:01:03 This is one of your districts that provides the
19:01:08 opportunity for additional redevelopment and housing
19:01:09 and job potential.
19:01:17 The site -- let me give you a little context and let me
19:01:19 tell but land use very quickly, the site is located
19:01:23 under a residential 20 land use classification which
19:01:27 allows multifamily use, multifamily and detached uses
19:01:31 and community-serving uses such as day cares or
19:01:35 The applicant is requesting a day care/private school
19:01:39 facility on the site.
19:01:43 The site is directly north of Azeele Street, which is
19:01:45 classified as a collector road, and it is also just a
19:01:49 couple of blocks due east of MacDill Avenue which is
19:01:51 classified as an arterial on your functional
19:01:53 classification map.
19:01:55 You have residential 35 to the South.
19:01:57 Most of you who have traverse along Azeele Street
19:02:02 recognized Azeele -- the actual face of Azeele exhibits
19:02:05 quite a lot of nonresidential uses so a lot of low
19:02:09 intensity types of low-scale office and professional
19:02:15 office types of uses.
19:02:18 As far as what the request is, it is consistent with
19:02:18 the surrounding uses.
19:02:20 It is a contributing use.
19:02:27 It is in proximity to a school directly to the north.
19:02:30 Memorial hospital further to the South, as far as where
19:02:31 the location.
19:02:35 This is a few blocks South of Kennedy boulevard, but --
19:02:39 but it is still want district of quite a bit of
19:02:42 But the request is consistent with the comprehensive
19:02:47 plan relative to what the uses are sand complementary
19:02:50 to the uses along Azeele Street.
19:02:52 >>THOMAS SCOTT: Any questions?
19:02:59 Thank you, Mr. Garcia.
19:03:03 >> Towanda Anthony, Land Development.
19:03:08 No waivers requested for this special use.
19:03:11 Here is the zoning atlas, the property is located in
19:03:15 the hatched area, Azeele to the South.
19:03:18 There is RO-1 zoning to the west as well as to the
19:03:29 There are several PDs located to the South of the
19:03:33 There is the aerial of the site, Azeele borders the
19:03:41 property to the South, -- to the north and Gomez to the
19:03:43 This is Mitchell Elementary School.
19:03:48 And there are several multifamily condos located to the
19:03:57 rear -- to the north of the property.
19:04:03 Here are pictures of the site.
19:04:12 Here is another view of the site.
19:04:14 Here is a view looking east and here is the alley
19:04:22 facing the property to the east.
19:04:23 Here is a view looking north.
19:04:28 The multifamily abutting the site to the north.
19:04:32 A view looking South from the alley across Azeele, and
19:04:41 you can see multifamily as well as office uses.
19:04:44 A view looking west and there are office uses.
19:04:55 And the view of the alley looking north.
19:04:58 The applicant is requesting to establish a day care
19:05:02 The applicant proposes to convert an existing
19:05:05 single-family residents with an addition.
19:05:08 The existing building is 1500 square feet and the
19:05:12 addition is 750 square feet for a total of 2250 square
19:05:16 The property is located at the northeast corner of
19:05:19 Gomez Avenue and Azeele Street, one block South of
19:05:20 Mitchell Elementary School.
19:05:24 The setbacks are as follows: South, 15 feet.
19:05:26 To the west, 7.8 feet.
19:05:28 To the east, 79.9 feet.
19:05:30 And to the north, 12 feet.
19:05:34 The proposed request requires four parking spaces and
19:05:37 four parking spaces are being provided which consistent
19:05:40 of three standard spaces and one ADA space, the maximum
19:05:49 building height is 35 feet.
19:05:51 Staff findings.
19:05:56 Staff has found the plan in; however, with the
19:05:58 recommended recommendations and modifications, staff
19:06:00 will find the plan consistent.
19:06:03 I will read a few of staff's findings.
19:06:07 Land Development Coordination, landscape specialist has
19:06:11 asked that they correct a tree survey, as well as the
19:06:20 tree table needs to be corrected.
19:06:23 Parks and Rec have requested that a note be added to
19:06:26 the plan that no more than two inches of soil will be
19:06:33 removed and solid waste has provided a comment as well.
19:06:34 Thank you.
19:06:36 Are there any questions?
19:06:40 >>THOMAS SCOTT: Any questions by Council?
19:06:53 >> Good evening, Council.
19:07:00 My name is Sue Popp, and I am here as applicant for
19:07:02 petition V10-214.
19:07:07 I currently reside at 105 South Glen Avenue just about
19:07:09 12 blocks from the property we are discussing this
19:07:12 evening at 2909 West Azeele Street.
19:07:17 And I have been sworn in.
19:07:19 I have been employed with the school district of
19:07:22 Hillsborough County for seven years.
19:07:26 I have before the prekindergarten teacher at Mitchell
19:07:29 elementary school.
19:07:33 We implemented the private preschool on the campus over
19:07:34 a decade ago.
19:07:37 And I have enjoyed being a part of its growth and
19:07:41 success; however, due to the class size amendment and
19:07:45 some space limitations on this campus which was
19:07:51 established in 1915, we -- it became evident at the
19:07:53 beginning of this year that we would no longer be able
19:07:57 to accommodate a private preschool program on the
19:08:04 So with the encouragement of many families and even
19:08:08 former graduates, many of whom who came to support me
19:08:11 tonight and the blessing of my administration, I began
19:08:17 to explore the surrounding area for a potential site
19:08:21 that would be appropriate for a private preschool --
19:08:23 >>THOMAS SCOTT: Okay, just one second.
19:08:26 Anyone here in opposition to this petition?
19:08:29 Is there anyone here in opposition to this petition?
19:08:31 All those in support.
19:08:33 Anyone here in support?
19:08:35 Thank you.
19:08:39 Do you all have any questions by Council?
19:08:42 >>GWEN MILLER: Move to close --
19:08:44 >>MARY MULHERN: Can I ask one question?
19:08:45 >>THOMAS SCOTT: Yes.
19:08:48 >>MARY MULHERN: Sue, there was one letter asking for a
19:08:50 certain pattern.
19:08:52 Does this reflect what they wanted?
19:08:52 >> Yes, ma'am.
19:08:57 And I did speak with someone at length about it.
19:09:01 It has been -- I am fortunate to have still a very good
19:09:02 relationship with the school and the administration so
19:09:04 we worked together on --
19:09:06 >>THOMAS SCOTT: She is doing a good job.
19:09:08 >> On effective traffic flow.
19:09:09 You are doing a good job.
19:09:10 Thank you so much.
19:09:13 Anything else you want to add for the record?
19:09:15 >> I respectfully request your approval of the
19:09:18 >>THOMAS SCOTT: Thank you, motion to close.
19:09:19 >>CHARLIE MIRANDA: So moved.
19:09:20 >> Second.
19:09:23 >>THOMAS SCOTT: All in favor signify by saying aye.
19:09:27 Miss Capin, do you want to read the ordinance since it
19:09:32 is in your area?
19:09:38 Councilwoman Capin.
19:09:41 >>YVONNE CAPIN: An ordinance approving a Special Use
19:09:48 Permit S-II, approving a day care in RM-16 residential
19:09:52 multifamily zoning district in the general vicinity of
19:09:55 2909 west Azeele Street in the City of Tampa, Florida,
19:10:04 and as more particularly described in section 1 hereof
19:10:10 providing an effective date, whereas -- Oh, thank you.
19:10:13 >> Just for the new Councilmembers, Florida statutes
19:10:15 require that you have to read the ordinance and you
19:10:18 have the option of reading it in its entirety or by
19:10:20 title only.
19:10:22 >>THOMAS SCOTT: Ocean the motion includes the
19:10:25 revisions as -- excuse me -- excuse me, please.
19:10:29 The ordinance -- the motion includes all the revisions
19:10:31 as outlined by staff.
19:10:34 >> Is that correct?
19:10:35 Includes the revision sheet.
19:10:36 Thank you.
19:10:38 >>THOMAS SCOTT: Is there a second.
19:10:41 All in favor significance any pie by saying aye.
19:10:44 >> Motion carries unanimously.
19:10:47 Second reading and adoption August 5 at 9:30 A.M.
19:10:48 >> Thank you, Council.
19:11:00 >>THOMAS SCOTT: You are welcome.
19:11:02 Item 8.
19:11:03 Is that right?
19:11:04 All right.
19:11:11 Item 8.
19:11:14 Just did item 7.
19:11:17 We are on item 8.
19:11:20 >> Towanda Anthony, Land Development.
19:11:25 Application z 10-13, the property address is 1802 N.
19:11:27 Armenia Avenue in is a rezoning request.
19:11:31 The property is currently zoned RM-16, residential
19:11:34 multifamily and they are requesting to rezone to PD,
19:11:37 planned development to allow for medical and business
19:11:57 professional office.
19:11:58 >>THOMAS SCOTT: Mr. Garcia.
19:12:02 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:12:03 I have been sworn in, the case before you is now
19:12:10 located within the central Tampa planning district.
19:12:16 Specifically located in the west Tampa area.
19:12:19 It is just a couple of blocks north of the intersection
19:12:23 of main and Armenia.
19:12:27 The land use category -- and I got my map upside down,
19:12:30 the land use category is community Commercial-35, which
19:12:34 allows up to Commercial en ten sieve uses, cg uses,
19:12:37 general Commercial and neighborhood Commercial uses.
19:12:40 The request before you is to allow the use of the
19:12:43 single-family detached dwelling for a business
19:12:45 professional office use.
19:12:48 Its not a very large structure, so whatever is going to
19:12:50 be over here will probably have to be limited, but it
19:12:52 does meet the parking requirements for either of those
19:12:59 This is along -- what was classified as a mixed use
19:13:01 corridor village in the City of Tampa's comprehensive
19:13:03 The use is also consistent with the types of uses or
19:13:07 intensity of uses along Armenia or Howard avenue which
19:13:10 is located directly to the east of Armenia Avenue.
19:13:14 These are both classified as major arterial roads.
19:13:16 They are both one-way rows on the City of Tampa
19:13:19 functional Transportation map.
19:13:21 The Planning Commission staff found the proposed
19:13:23 request consistent with the comprehensive plan.
19:13:36 >>THOMAS SCOTT: Thank you, sir.
19:13:39 >> Towanda Anthony, Land Development.
19:13:48 There are four waivers requested.
19:13:50 This is the zoning atlas.
19:13:58 The subject property is in the green hatched area.
19:14:01 There is a PD to the west, a PD to the north, along
19:14:04 Armenia, several of the sites are zoned CI, as well as
19:14:19 Here is an aerial of the site.
19:14:20 Armenia to the east.
19:14:25 Union to the South, and chestnut to the north.
19:14:29 , And there is also main street to the -- to the South
19:14:35 as well.
19:14:43 Here is the site looking west.
19:14:50 Here is the site looking south.
19:14:54 This is looking east.
19:14:58 Across the street from the site.
19:15:06 This is a view looking west, adjacent to the property.
19:15:09 There is a view South.
19:15:14 And this is a restaurant use.
19:15:21 Looking south on Armenia, which is a major corridor.
19:15:38 And here is the alley abutting the property.
19:15:41 The applicant is proposing to rezone from RM-16 to PD,
19:15:44 the proposed infill development located in the west
19:15:47 Tampa business core district will utilize the existing
19:15:52 1118-square-foot one-story frame building for medical
19:15:56 and business professional office use.
19:16:01 The plan proposes 559-square-feet medical office and
19:16:04 559 square feet of business professional office.
19:16:06 The sky, again have surrounded by Commercial to the
19:16:09 north, residential to the west and South, and
19:16:10 right-of-way to the east.
19:16:14 The proposed PD setbacks are as follows: To the north,
19:16:17 66.7 feet.
19:16:18 To the east, 2.3 feet.
19:16:21 To the South, 1.6 feet.
19:16:27 And to the west, 3.1 foot.
19:16:29 Maximum building height is 15 feet.
19:16:33 A total of six parking spaces are required and six
19:16:36 parking spaces are being provided including one ADA
19:16:42 space, three compact spaces and two standard spaces.
19:16:44 Staff has found the plan inconsistent; however, if the
19:16:47 requested modifications are made between first and
19:16:50 second readings, then staff will find the plan
19:16:53 I have provided a revision sheet and I would like to
19:16:56 note that solid waste is basing the staff report that
19:17:00 they are inconsistent but they have found the plan
19:17:08 >>THOMAS SCOTT: Councilman Miranda.
19:17:12 >>CHARLIE MIRANDA: I will wait for the petitioner.
19:17:17 >> I am Juan Carlos Castillo and I am the petitioner on
19:17:18 z 10-13.
19:17:20 If you guys have any questions.
19:17:22 >>CHARLIE MIRANDA: Yeah, I got a lot of questions, do
19:17:23 you have an answer.
19:17:24 >> I wish.
19:17:26 >>CHARLIE MIRANDA: I hope so too.
19:17:31 This is next to the -- stone throw's away from the
19:17:34 cigar factory that was southern mill creek and now is
19:17:38 revised as somewhat of an art area doing very well in
19:17:41 rental spaces and so forth and so on.
19:17:47 I am concerned about the -- the use because when you
19:17:53 say you only want a 50 or something for -- 550 feet or
19:17:54 something for medical.
19:17:57 That doctor is not going to see too many people.
19:17:59 >> He is going to work by appointment.
19:18:02 He is a chiropractor and in case -- his wife use the
19:18:03 property too.
19:18:08 She is a lawyer.
19:18:10 >>CHARLIE MIRANDA: Wanted to make sure it is not a
19:18:11 pain management clinic.
19:18:14 You told me so I am satisfied.
19:18:16 >> Not a pain management.
19:18:17 >>CHARLIE MIRANDA: I understand.
19:18:18 >>THOMAS SCOTT: Any other questions by Council.
19:18:20 Anyone here in opposition to this petition?
19:18:22 Anyone in support?
19:18:27 >> Move to close.
19:18:27 >> Second.
19:18:30 >>THOMAS SCOTT: All in favor signify by saying aye.
19:18:33 Councilman Miranda.
19:18:35 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
19:18:39 Move an ordinance for first reading along Land
19:18:41 Development conditions and coordination along with the
19:18:43 landscaping, special coordination of Land Development.
19:18:45 An ordinance rezoning the property in the general
19:18:49 vicinity of 1802 N. Armenia Avenue in the City of
19:18:52 Tampa, Florida, as more particularly described in
19:18:56 district classification RM-16, Residential multifamily,
19:19:00 PD, office, medical and business professional providing
19:19:01 an effective date.
19:19:04 And those two homes have had a rough go.
19:19:05 I mean they have been burned down, rebuilt.
19:19:08 Burned down and rebuilt again.
19:19:10 >>THOMAS SCOTT: Is there a second?
19:19:12 >>MARY MULHERN: Second.
19:19:15 >>THOMAS SCOTT: Moved and seconded by Councilwoman
19:19:29 All those in favor signify by aye.
19:20:03 Item 10.
19:20:06 >> Towanda Anthony, Land Development.
19:20:08 Application z 10-15.
19:20:12 The property address is 5711 Troy Court and 4203
19:20:13 Kenneth Court.
19:20:17 This is a rezoning request from RM-24 residential
19:20:23 multifamily to PD, planned development from a
19:20:24 residential multifamily.
19:20:32 They are asking to retain the existing use.
19:20:37 >>TONY GARCIA: Good evening once again, Tony Garcia,
19:20:38 Planning Commission staff.
19:20:41 I have been sworn in.
19:20:44 The subject site is located in the East Tampa area and
19:20:47 as you can see on the aerial, is located within the
19:20:48 central Tampa planning district.
19:20:51 As I said before, it is located in the East Tampa area
19:20:54 which is defined as an urban village in the Tampa
19:20:54 Comprehensive Plan.
19:21:00 It is the largest urban village, and also a CRA area.
19:21:05 The largest CRA area in the City of Tampa.
19:21:07 As an urban village they recognize the contribution of
19:21:10 a particular it makes to the city and guidance of
19:21:13 character, intensity and type of growth we have
19:21:14 anticipated for an area.
19:21:19 A 6.76-acre site with 200 residential units on it.
19:21:21 There will be no increase in density.
19:21:24 The request is mainly to allow the development to be
19:21:29 modified, additional amenities for its residents that
19:21:32 include a clubhouse, pool, picnic pavilion and
19:21:34 playgrounds for children along with screening
19:21:36 modifications along the perimeter.
19:21:41 The site has a future land use classification of
19:21:41 residential 35.
19:21:44 I will show you the land use category here which allows
19:21:45 consideration of the use.
19:21:47 You can see the other land use categories are
19:21:50 residential 10 to the north, community Commercial 35 to
19:21:57 the South to the east of the site.
19:22:04 An aerial of the site which gives you a little bit
19:22:07 better idea where the site is, to the Eastern boundary
19:22:09 of the City of Tampa limits.
19:22:12 And the site has been -- as I said before, it is an
19:22:15 existing site and has been part of the fabric of the
19:22:16 community for a number years.
19:22:18 The Planning Commission staff finds the request
19:22:20 consistent with the comprehensive plan.
19:22:30 >>THOMAS SCOTT: Okay, thank you.
19:22:33 >> Towanda Anthony, Land Development.
19:22:41 There are six waivers being requested.
19:22:45 This the zoning atlas of the property, the property is
19:22:47 in the hatched area.
19:22:50 It is zoned RM-24.
19:22:54 This is residential.
19:22:56 To the north and west of the property.
19:23:05 There is a PD located also to the west.
19:23:07 This is Hillsborough Avenue and there are Commercial
19:23:09 uses all along Hillsborough, as well as some
19:23:18 multifamily residential.
19:23:23 This is a zoning atlas, the property is bordered by
19:23:29 43rd street to the east, Hillsborough to the South, and
19:23:43 42nd street to the west -- to the north.
19:23:49 Here is a picture of the site.
19:23:51 Here is another picture of the site showing the parking
19:23:59 Here is a picture of the site.
19:24:00 This is the site looking South.
19:24:06 And this is the Commercial uses.
19:24:11 The site look west toward the residential, and this is
19:24:15 the current buffer.
19:24:18 Looking east across the street, and as you can see, it
19:24:21 is residential.
19:24:24 And this is looking north.
19:24:38 The applicant is proposing to rezone the property from
19:24:42 RM-24 to PD to allow for the rehabilitation and
19:24:44 improvement to the existing multifamily apartment
19:24:49 The plan proposes to rehabilitate the existing
19:24:58 multifamily unit and add a one-story 2164-square-foot
19:25:06 The multifamily dwelling unit is a nonconforming use
19:25:11 currently due to the site having 200 units, and it is
19:25:14 only allowed 161 units.
19:25:18 And that's why it is rezoning to a PD to allow for the
19:25:20 additional square footage because they could not
19:25:22 increase the nonconformity.
19:25:26 The proposed PD setbacks are as follows: To the north
19:25:27 18 feet.
19:25:29 To the east, 15.44 feet.
19:25:31 To the South, 24 feet.
19:25:35 And to the west 29.14 feet.
19:25:37 The maximum building height is 60 feet.
19:25:42 A total of 370 parking spaces are required and 191
19:25:48 spaces are being provided, including 988 spaces, 122
19:25:56 are 64% compact spaces and 60 standard spaces.
19:25:58 Staff did find the plan inconsistent; however, with the
19:26:01 modifications requested between first and second
19:26:05 reading, we will find the plan consistent.
19:26:08 >>THOMAS SCOTT: Any questions by Council?
19:26:11 >> A revision sheet has been provided.
19:26:12 Thank you.
19:26:13 >>THOMAS SCOTT: Petitioner.
19:26:14 >> Thank you very much, Mr. Chairman.
19:26:16 My name is Robert Williams.
19:26:21 I am with Bethel Johnson, Cantu and Schmidt,
19:26:22 Clearwater, Florida.
19:26:26 I represent SP Johnson Kenneth Court LP, a Florida
19:26:29 Limited Liability Partnership.
19:26:30 One thing I would like to update the Council on at this
19:26:34 time that in fact the ownership has changed hands into
19:26:34 my client.
19:26:36 We are the contract purchaser previously, and I think
19:26:39 that is the significant step forward.
19:26:42 The -- and first, I do want to thank staff though.
19:26:48 Miss Anthony, Miss Feeley, Miss Shannon Edge, they have
19:26:51 been very helpful helping us navigate through the
19:26:56 rezoning, provide staff with the adequate information
19:26:57 they have and need.
19:26:59 As far as the modifications requested by city staff, we
19:27:01 agree to those, we accept those.
19:27:03 In fact my engineers told me we already made the
19:27:06 changes to the plans, and we are just itching to submit
19:27:08 those plans tomorrow with those modifications.
19:27:11 It is important note in this particular rezoning that
19:27:14 the only reason we are rezoning is so we can provide
19:27:17 the additional amenities that any other retail
19:27:19 apartment complex has.
19:27:21 They need a clubhouse.
19:27:21 They need a pool.
19:27:24 They need a library in that clubhouse.
19:27:27 They need computers in that clubhouse for the children.
19:27:29 Those are the things that we want to provide.
19:27:32 And it requires a rezoning to get there.
19:27:34 A little bit of history about this particular site is
19:27:38 in fact it was two separate sites as far as when it was
19:27:41 This will bring it all under one house.
19:27:44 This will bring it all under one plan allowing us to
19:27:46 maximize the resources that we have.
19:27:49 There will be a perimeter wall around to provide
19:27:53 security for our residents, as well as a gate, card key
19:27:56 access and those types of things to provide more
19:28:00 It will -- the other thing I would also like to add is,
19:28:04 in fact, the individual units renovations have already
19:28:09 The renovations of the individual units are underway.
19:28:11 They will continue until they are complete.
19:28:15 And we are talking new appliances and full remodel on
19:28:16 the inside.
19:28:17 Separate and apart from the rezoning.
19:28:21 To make this complete, to make it something that is an
19:28:24 asset to the community, the pool and the clubhouse and
19:28:27 the rezoning is required and necessary to do that.
19:28:30 And with that, we would also -- I would also like to
19:28:32 add that we have met with the neighborhood
19:28:35 associations, the neighborhood groups and got a letter
19:28:37 of support from the northeast community civic
19:28:40 >>THOMAS SCOTT: We have it.
19:28:41 >> It is in the file?
19:28:43 >>THOMAS SCOTT: Anyone here in opposition to this
19:28:46 Anyone here in opposition?
19:28:47 >>CHARLIE MIRANDA: Move to close.
19:28:51 >>THOMAS SCOTT: A question by Councilmember Miller.
19:28:54 >> Are you renovating some and adding new ones?
19:28:55 >> No, ma'am.
19:28:59 >>GWEN MILLER: Add -- excellent excel.
19:29:01 >> Excellent point, the only thing we are going to add
19:29:04 is the clubhouse and pool, the renovation also occur
19:29:06 within the it00 units that are there and.
19:29:09 >>GWEN MILLER: Finished 200 units.
19:29:12 No additional.
19:29:16 >>GWEN MILLER: It will not be section 8.
19:29:18 >> A section 8 still.
19:29:21 >>GWEN MILLER: Do it for one coming in.
19:29:23 >> In fact the newspaper article today talked about it
19:29:27 being more restrictive, my client who has these types
19:29:33 of developments across the nation actually, they are
19:29:36 very stringent and they are very tough because folks
19:29:39 that rely on section 8 housing deserve to be safe in
19:29:41 their section 8 housing.
19:29:43 They can't be safe if we don't do our job.
19:29:47 And my client, for one have committed to doing the job.
19:29:48 >>GWEN MILLER: That's what I wanted to hear.
19:29:50 >>THOMAS SCOTT: Anyone here in support of this
19:29:53 Anyone here in support?
19:29:53 Just stand up.
19:29:55 You don't have to -- thank you.
19:29:56 Thank you all very much.
19:29:57 Thank you.
19:30:00 >> Mr. Chairman, I just want to make sure if I can just
19:30:03 so the record is clear.
19:30:06 With regard to section 8 housing.
19:30:10 And I understand the question was asked and was
19:30:13 But when you make a determination on this, it does not
19:30:16 and should not affect the basis of your decision.
19:30:17 Just so the record is clear.
19:30:18 Thank you.
19:30:20 >>THOMAS SCOTT: Motion to close.
19:30:21 >>CHARLIE MIRANDA: So moved --
19:30:23 >>THOMAS SCOTT: Motion to close.
19:30:24 >>CHARLIE MIRANDA: So moved.
19:30:28 >>THOMAS SCOTT: All those in favor signify by saying
19:30:32 Miss Miller, Councilwoman Miller.
19:30:34 >>GWEN MILLER: Thank you there Chairman, an ordinance
19:30:36 rezoning property in the general vicinity of 571 is
19:30:39 Troy Court and 4203 Kenneth Court in the City of Tampa,
19:30:41 Florida, as more particularly described in Section 1
19:30:46 from zoning district classification RM-24, residential
19:30:49 multifamily to PD, planned development residential
19:30:53 multifamily provided an effective date and also
19:30:57 including all the waivers and all the things from Land
19:30:59 Development to be included and the next reading.
19:31:00 >>THOMAS SCOTT: Moved and seconded.
19:31:04 Seconded by Councilman Miranda.
19:31:07 All those in favor signify by saying aye.
19:31:11 >> Motion carried unanimously.
19:31:13 August 5 at 9:30 A.M.
19:31:46 >>THOMAS SCOTT: Item 11.
19:31:48 >> Towanda Anthony, Land Development.
19:31:50 Application z 10-16.
19:31:54 Property address is 3715 West Swann Avenue.
19:31:58 This is a rezoning request to rezone from RS-60,
19:32:02 single-family residential to CN, Commercial
19:32:05 neighborhood to allow for retail office personal
19:32:07 services, hair salon.
19:32:18 Thank you.
19:32:21 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
19:32:23 I have been sworn in.
19:32:24 You are getting a little taste of all the districts
19:32:28 This is in the South Tampa district.
19:32:31 We did the Westshore and now we are in the South Tampa
19:32:35 The site is located along the north face of west Swann
19:32:38 between South Dale Mabry and South sterling avenues,
19:32:40 the site is located within the neighborhood boundary.
19:32:44 The South face of Swann is within the Gulfview
19:32:45 neighborhood boundary.
19:32:49 The site as I already alluded to is located in the
19:32:52 South Tampa district by does allow for very limited
19:32:53 opportunities for redevelopment.
19:32:56 We are talking about primarily compatible infill to
19:33:02 improve mobility and stability.
19:33:05 As Miss Anthony already stated to you, the purpose of
19:33:08 the use is for CN, neighborhood Commercial use, which
19:33:11 will allow low intensity types of specialty retail uses
19:33:16 or in this particular case, I think she defined hair
19:33:18 salon that will also allow a variety of different
19:33:20 particular uses on the site.
19:33:23 There are a variety of low-density professional office
19:33:27 uses currently on this particular segment of Swann.
19:33:29 I will give you a little bit better context over here.
19:33:34 Here is -- here is Swann, and here is Dale Mabry, here
19:33:36 is Henderson Boulevard.
19:33:39 I guess the simplest thing would to be let you know
19:33:42 that on the intersection down over here is where the
19:33:43 Walgreens is at.
19:33:46 A big Walgreens over here at the corner of this six-way
19:33:50 Here is Himes, and Walgreens is over here and, of
19:33:57 course, here is Morrison and -- okay, so the
19:34:01 parcelization and characterization of the site, there
19:34:04 is a bank on Dale Mabry which allowing for a cg use,
19:34:08 the so the range of intensity as you go away from Dale
19:34:12 Mabry is -- is logical and the professional uses are
19:34:15 There is a fairly significant two-story office
19:34:16 structure to the South of the site.
19:34:19 The only thing that I think will be of significance on
19:34:22 this particular site that miss Anthony will allude so
19:34:26 is there is a significant tree on the site that the
19:34:28 applicant will have to make efforts to main sure that
19:34:31 whatever is designed on the site will be sensitive to
19:34:33 the tree that currently exists on the site.
19:34:34 Other than that the Planning Commission staff found
19:34:37 proposed request based on its location and surrounding
19:34:40 uses and compatibility consistent with the
19:34:42 comprehensive plan.
19:34:43 >>THOMAS SCOTT: Thank you.
19:34:52 >> Towanda Anthony, Land Development.
19:35:02 There are eight waivers being requested.
19:35:04 I'll start with the aerial.
19:35:06 The aerial of this site.
19:35:11 There is Swann to the South.
19:35:13 DeLeon street to the north.
19:35:20 Dale Mabry to the west.
19:35:24 Here is the zoning atlas.
19:35:28 The subject property is in the green-hatched area.
19:35:33 It is abutting residential office.
19:35:39 To the east as well as to the South.
19:35:41 And this is Dale Mabry.
19:35:47 It has a mix of uses.
19:35:53 In this is a view of the property.
19:35:55 Here is the property in question looking South, and
19:36:01 this is a bank that is abutting Dale Mabry.
19:36:07 Here is another view of the site.
19:36:11 And you will see the large oak tree that they have
19:36:17 redesigned the site around.
19:36:23 And here is a picture of the site as well.
19:36:32 Here is a view looking west, a view looking east, a
19:36:47 view to the South and look west toward Dale Mabry.
19:36:52 The applicant is proposing to rezone from RS-60 to CN
19:36:55 to allow for the redevelopment of the existing single
19:36:58 hand family lot as a neighborhood serving Commercial
19:37:04 The plan proposes to construct the 1300-square-foot
19:37:10 salon and a 1132-square-foot providing retail and
19:37:15 The site is surrounded by residential to the north, a
19:37:18 bank to the west, office to the east, and right-of-way
19:37:19 to the South.
19:37:23 The proposed building setbacks are as follows: To the
19:37:27 South, 16.1 feet, to the east, 9.8 feet.
19:37:33 To the west, 29.5 feet and to the north, 62 feet.
19:37:35 The maximum building height is proposed at 30 feet.
19:37:39 A total of 17 parking spaces are required and 13 spaces
19:37:43 are being provided, including one ADA space,
19:37:46 five compact spaces and seven standard spaces.
19:37:51 A waiver is being requested for the deficient parking
19:38:00 Staff, Council, has found the plan inconsistent.
19:38:05 There are some inconsistent findings that staff found.
19:38:11 Transportation found the plan inconsistent, chapter
19:38:15 27242, the code requires the site to have 17 spaces, a
19:38:20 24% reduction is excessive, and the applicant did not
19:38:22 provide a remedy.
19:38:24 So their objection stands.
19:38:27 It remains an objection.
19:38:30 In addition, solid waste found the plan inconsistent,
19:38:33 the department of department waste finds the submitted
19:38:39 site plan dated.-8-2001 with the provisions of the City
19:38:47 of Tampa as it pertains to the refuse service.
19:38:51 Buffer setback reductions have been requested; however,
19:38:56 other locations on the site can accommodate it.
19:38:57 So their objection remains.
19:39:00 So with that, the plan is found inconsistent.
19:39:03 Thank you.
19:39:04 >>GWEN MILLER: Councilmembers.
19:39:05 Petitioner --
19:39:10 >> The revision sheet has been provided.
19:39:15 >> Good evening, my name is Ethel Hammer, Englehardt,
19:39:16 Hammer & Associates.
19:39:17 I have been sworn.
19:39:22 I am here this evening to represent the Alames, who are
19:39:23 the property owners.
19:39:25 They are small business owners and want to redevelop
19:39:28 this site to relocate their existing business which is
19:39:29 a hair salon.
19:39:32 >>THOMAS SCOTT: Anyone here in opposition to this
19:39:38 >>CHARLIE MIRANDA: Why do you say hair salon and look
19:39:41 at me.
19:39:44 >> I am sure you get your haircut.
19:39:50 Would you like me to sunshine in.
19:39:52 >>THOMAS SCOTT: Nay, go ahead.
19:39:56 >> They are going to redevelop the site for their
19:39:59 personal family business.
19:40:03 This site became quite a challenge, and to say that it
19:40:07 was all about the tree is an understatement.
19:40:10 The site does have a very large tree.
19:40:15 It is an oak tree, which is not a grand tree, but it is
19:40:19 two inches within being a grand tree.
19:40:23 I will admit that when we originally filed, we asked to
19:40:27 remove the tree and we could do the development that we
19:40:29 requested with no waivers.
19:40:33 Well, your staff drove a very hard bargain.
19:40:37 We refiled, kept the tree, and, yes, we do need waivers
19:40:42 because the site is very constrained with the
19:40:45 preservation of a 33-inch tree.
19:40:57 Here is the site plan.
19:40:59 You can see there are two large trees that we are
19:41:02 preserving but the tree that really drove the site plan
19:41:04 is the one on the property frontage.
19:41:10 With the diameter of the tree at 33 inches and the
19:41:18 canopy much larger, it created a juxtaposition of the
19:41:22 structure, and we need a reduction in the parking which
19:41:24 I understand is that staff didn't necessarily support,
19:41:28 but we feel it is adequate for the uses that will be on
19:41:28 the site.
19:41:31 Of course the hair salon will be by appointment, so
19:41:34 should not be a practical problem with the reduction in
19:41:39 the parking spaces.
19:41:41 We have 17 letters in support from the surrounding
19:41:43 property owners.
19:41:47 I believe this request is compatible with the zoning
19:41:51 pattern, and I would like to show you the zoning map
19:41:56 very quickly.
19:41:58 >>THOMAS SCOTT: Let me request a question?
19:41:58 >> Yes, sir.
19:42:00 >>THOMAS SCOTT: Make this consistent, staff has given
19:42:01 us a revision sheet.
19:42:04 Are you in agreement and in concurrence with this?
19:42:11 What are we -- what -- Abby or miss Anthony --
19:42:14 >>ABBYE FEELEY: Council, Abbye Feeley, Land
19:42:17 This a case where if you make the revisions on the
19:42:19 revision sheet, you have members of the development
19:42:21 review committee, solid waste and Transportation that
19:42:24 are still finding this request inconsistent.
19:42:27 >>THOMAS SCOTT: Gotcha.
19:42:28 Thank you.
19:42:29 Go ahead.
19:42:31 >>ABBYE FEELEY: You have the power to approve that and
19:42:34 let them move forward, but if you do choose to let them
19:42:36 move forward, these modifications do need to be made.
19:42:39 That will not clear the inconsistency.
19:42:44 >>THOMAS SCOTT: Gotcha.
19:42:45 >> Let me ask a question.
19:42:48 >>THOMAS SCOTT: Let me let her finish her
19:42:51 >> Let me address those two inconsistency.
19:42:53 I already addressed the parking.
19:42:57 We believe the number of spaces will be more than
19:43:02 We lost parking again because of the tree.
19:43:07 The second objection from staff is because of location
19:43:09 of the dumpster.
19:43:12 Our site plan shows the dumpster in the Northwest
19:43:13 corner of the site.
19:43:16 Their suggested location is in this location, which
19:43:19 would be in the center of the site next to the parking
19:43:24 But you see, because we had to locate the structure
19:43:29 here and the parking in the rear to save the tree, the
19:43:33 patrons to the uses will be coming in from the parking
19:43:37 So this will be the main entrance to this portion of
19:43:40 the property, and this will be a main entrance to that
19:43:45 We prefer not to have the dumpster next to the front
19:43:49 And that is the reason that we have resisted moving the
19:43:52 dumpster from this location to that location, the
19:43:57 property owner to the north has seen the site plan and
19:44:04 does not object to the location.
19:44:06 Thing is going to be an improvement.
19:44:09 I would like to enter the 17 letters in support into
19:44:10 the record.
19:44:13 We have had many comments about being pleased about the
19:44:15 redevelopment of this site.
19:44:16 We will ask for your approval.
19:44:18 Thank you.
19:44:20 >>GWEN MILLER: Let's hear from Transportation.
19:44:23 Unless you want to say something.
19:44:27 >>THOMAS SCOTT: Transportation.
19:44:33 >>GWEN MILLER: Okay, solid waste.
19:44:36 >> Good evening, solid waste department.
19:44:40 Just to clarify, it is not a dumpster enclosure, a
19:44:43 refuse carton closure.
19:44:44 >>THOMAS SCOTT: What now.
19:44:51 >> Refuse cart, 4 x 4 enclosures for standard blue
19:44:53 carts in was an area here.
19:44:57 We were just requesting -- originally it was 15 foot
19:45:00 from the property line and that is why we are finding
19:45:02 it inconsistent because within the buffer requirements
19:45:04 of 15 feet.
19:45:06 >>THOMAS SCOTT: Okay.
19:45:12 Councilwoman Mulhern.
19:45:19 >>MARY MULHERN: So it is not a dumpster -- it's not a
19:45:23 dumpster, it is just --
19:45:27 >> That's correct, I misspoke.
19:45:29 >>MARY MULHERN: That is the back of the property?
19:45:29 >> That is the rear.
19:45:36 The frontage is on Swann, which is the South portion of
19:45:36 the site.
19:45:37 >>MARY MULHERN: Okay.
19:45:42 So I don't understand then -- well, let ask you the
19:45:48 question and then I will ask staff.
19:45:50 -- I guess that's it.
19:45:57 So the -- your -- your entrances are -- I am looking at
19:45:59 your site -- oh, you got the site plan there.
19:46:04 Show me where -- you said you have two main entrances.
19:46:04 >> These --
19:46:06 >>MARY MULHERN: One is on the back and one is on the
19:46:07 street side?
19:46:07 >> No.
19:46:11 These are two separate uses, and the entrance for both
19:46:14 of them will be -- there will be entrances on the back
19:46:19 side of both of these businesses because all the park
19:46:20 something in the rear.
19:46:23 >>MARY MULHERN: So the -- what is the retail office
19:46:24 going to be?
19:46:27 Because I can see where there wouldn't be a lot of
19:46:32 people going to a hair salon at once, but --
19:46:40 >> The office is being considered by an architect.
19:46:48 And then this will be the hair salon.
19:46:50 >>MARY MULHERN: So how many spaces -- how many spaces
19:46:52 are you proposing?
19:47:03 Parking spaces?
19:47:06 >> We have 13 spaces, including one handicapped and
19:47:08 there are 17 that are required by code.
19:47:11 So we are four short.
19:47:12 >>MARY MULHERN: Okay.
19:47:19 And then let me ask, abbye.
19:47:20 >>THOMAS SCOTT: Miss Anthony.
19:47:22 >>MARY MULHERN: Miss Anthony.
19:47:28 So it is getting -- for me it is getting late -- that's
19:47:29 how old I am.
19:47:35 But if -- if they accept these revisions that would be
19:47:38 >> No, it would not.
19:47:41 >>MARY MULHERN: Still won't be consistent.
19:47:42 >> No, I am sorry.
19:47:46 The park something not changing, the 24% reduction is
19:47:47 still in existence.
19:47:49 You have staff telling you we find this excessive and
19:47:52 by your approval of this, you are saying we find it
19:47:54 okay and we are going to let it move forward.
19:47:58 And for the southwest, it would need to be moved, like,
19:48:02 9.7 feet to the South to be out of that buffer or to
19:48:05 that other location that has been showed.
19:48:07 >>MARY MULHERN: Too close to the property.
19:48:10 >>ABBYE FEELEY: Right we require 15-foot buffer and
19:48:12 what the solid waste provision of the code says you
19:48:15 can't put solid waste within that buffer.
19:48:16 That is supposed to be green.
19:48:18 What solid waste is saying to you, there are other
19:48:24 locations on the site that this refuse carton closure
19:48:27 can be located and given our code, we would prefer it
19:48:29 being in one of those other locations.
19:48:31 That being said you have the ability to move forward
19:48:34 with the waivers as the applicant has requested, and as
19:48:36 long as you are aware of what staff's objections were,
19:48:39 and in addition to that, if you choose move forward on
19:48:42 the application, we do need the revisions made that are
19:48:44 on the revision sheet.
19:48:47 >> My understanding miss hammer that you agree to the
19:48:49 revisions -- it is Martin Shelby.
19:48:52 That you do agree to the revisions that are on the
19:48:53 revision sheet.
19:48:54 >> Yes, we do.
19:48:55 We do.
19:49:01 >>THOMAS SCOTT: Councilman Miranda.
19:49:03 >>CHARLIE MIRANDA: Mr. Chairman -- I am sorry, I yield
19:49:07 to Councilman Caetano.
19:49:10 >> You have 1500 square feet in your salon and 12 noon
19:49:14 your retail office space you said is going to be an
19:49:17 >> That is who is considering the space at the moment,
19:49:20 >>JOSEPH P. CAETANO: Would there be a possibility of
19:49:23 the salon expanding to the 1200 feet.
19:49:25 >> I don't think so.
19:49:27 >>JOSEPH P. CAETANO: How many stations are they going
19:49:31 to have in that hair salon?
19:49:35 >> Mr. Alame says ten.
19:49:38 >>JOSEPH P. CAETANO: Ten operators and ten clients
19:49:40 could be with two or three clients waiting for their
19:49:44 next appointment and you only have 13 parking spaces.
19:49:48 I just built a salon at 14 is 1 square feet -- of
19:49:50 course we have a massive parking lot.
19:49:55 And I don't have ten hairstylists yet, but eventually I
19:49:57 hope to have ten hairstylists and you are going to have
19:50:00 20 people there at one time.
19:50:01 Plus your receptionist.
19:50:05 Are you going to have facial rooms and massage or is it
19:50:07 just going to be hair.
19:50:07 >> Just hair.
19:50:09 >>JOSEPH P. CAETANO: So you will have ten people at
19:50:14 one time plus ten clients getting serviced and perhaps
19:50:23 two or three waiting, if it gets busy.
19:50:26 >> Use of the site will be dictated by parking spaces.
19:50:31 >> You only have 13 parks spaces, enough for the ten
19:50:41 employees plus the receptionist, that's 11.
19:50:49 >> It is ten stations, not -- seven or eight operators
19:50:52 because we have two stations because we need it for
19:50:57 customers, it will be about seven or eight hair
19:51:01 >>JOSEPH P. CAETANO: So what you are saying one
19:51:03 operator will use two stations.
19:51:07 >> No, some customers sometimes will -- they wait.
19:51:11 And so they use -- we have about two or three extra
19:51:15 stations just for --
19:51:16 >>JOSEPH P. CAETANO: So you won't have ten operators
19:51:17 at one time.
19:51:19 >> No.
19:51:21 >>JOSEPH P. CAETANO: How many sinks do you have?
19:51:22 >> Three.
19:51:26 >>JOSEPH P. CAETANO: Three sinks.
19:51:28 Thank you.
19:51:31 >>THOMAS SCOTT: Councilman Miranda.
19:51:33 >>CHARLIE MIRANDA: I am trying to understand the whole
19:51:36 ramifications of this plot.
19:51:41 If it wasn't for the tree, we wouldn't have a problem.
19:51:41 >> That's correct.
19:51:44 >>CHARLIE MIRANDA: But we don't have a problem, we do
19:51:45 have a problem because we have the tree.
19:51:47 If you go to the back, we don't have -- it is not going
19:51:51 to be one of them lift dumpsters, right?
19:51:52 >> No.
19:51:54 >>CHARLIE MIRANDA: So you are going to have a wall in
19:51:55 the back, aren't you?
19:51:56 >> We are.
19:51:59 >>CHARLIE MIRANDA: So the dumpsters aren't 8 foot
19:52:00 high, are they?
19:52:02 >> No, they are --
19:52:03 >>CHARLIE MIRANDA: I understand what they are.
19:52:06 I am getting to the point I don't see the difference
19:52:07 between one side and the other side.
19:52:10 If you look at residential and you got a
19:52:13 seven-and-a-half-foot setback between homes and 15,
19:52:15 guess what is on both sides of the homes.
19:52:17 >> Right, the garbage cans.
19:52:19 >>CHARLIE MIRANDA: The garbage cans so you really don't
19:52:21 have much at all.
19:52:21 They arer wheeled up front.
19:52:24 I don't know what arrangements you all made as far as
19:52:25 picking up.
19:52:27 Do you wheel them up front or pick them up in the back.
19:52:29 I guess they will have to be up-front.
19:52:33 >> The dumpster -- I am sorry the garbage receptacles
19:52:36 will be taken curbside by the property owner.
19:52:37 >>CHARLIE MIRANDA: I am thinking you don't have
19:52:39 anything that spoils.
19:52:41 >> No, no restaurant or any food materials or anything
19:52:42 like that.
19:52:48 I mean, if it is in the spirit of compromise to the
19:52:51 Council, we would be happy to remove the request for
19:53:01 the waiver of the garbage location and put it where it
19:53:03 meets the city's standards.
19:53:05 So the only question at issue would be the number of
19:53:10 parking spaces then.
19:53:16 And this we can not increase because of the tree.
19:53:18 >>GWEN MILLER: But how many parking spaces would you
19:53:20 lose if you put them there?
19:53:21 >> I am sorry?
19:53:23 >>GWEN MILLER: How many parking spaces will you lose
19:53:25 if you put the garbage up front.
19:53:27 >> We won't lose any parking spaces.
19:53:33 It sits in this space right there.
19:53:38 So we would still be at the 13 parking spaces, which is
19:53:50 four short.
19:53:54 The Transportation staff has a policy that they find
19:53:56 20% reduction in parking acceptable.
19:53:59 We are at 24%, which is the difference of 1 parking
19:54:04 So that tripped us over into their inconsistent
19:54:08 >>THOMAS SCOTT: Is that right, one parking space is
19:54:11 what they need?
19:54:13 >> Pardon, can we find --
19:54:16 >>THOMAS SCOTT: No, I am talking to staff.
19:54:20 >>GWEN MILLER: To Transportation.
19:54:20 >> Transportation.
19:54:22 I have been sworn.
19:54:25 We -- we used to object a lot to parking space
19:54:31 reductions, and we -- we have set a policy that if it
19:54:35 is less than 20% waiver, then we won't find it
19:54:38 And we had to set a boundary.
19:54:41 So -- I know it only seems, yes, if they had one more
19:54:46 space it wouldn't trip the 20%, but we just had to have
19:54:47 some type of boundary.
19:54:51 So the 20% -- they are over 20% and so that's when we
19:54:53 say it is excessive.
19:54:55 But it is a four-space waiver.
19:54:58 There are businesses up and down that street -- it is
19:55:01 not like it is going to overflow into a residential
19:55:07 They are all businesses along the street.
19:55:09 >>THOMAS SCOTT: Councilmember --
19:55:11 >>CHARLIE MIRANDA: I guess the lot is about 14,000
19:55:16 square foot, 100 by 142 or something like that.
19:55:16 >> Exactly.
19:55:18 >>CHARLIE MIRANDA: If I remember looking at that.
19:55:19 You are looking at that.
19:55:21 I don't know what size building you have.
19:55:25 Maybe a building -- I am just trying -- I don't know
19:55:28 the size of your building, so maybe you can cut the
19:55:31 size of building and this two spaces.
19:55:33 >> It is 2700 square feet.
19:55:35 >>CHARLIE MIRANDA: 2700 square feet and --
19:55:38 >> Well, we looked at that.
19:55:39 And in order to --
19:55:43 >>CHARLIE MIRANDA: One-seventh of the land or
19:55:45 one-sixth of the land.
19:55:49 >> The only way to get that parking space is to take
19:55:54 off a substantial amount of the leaseable area in the
19:55:58 building, because you could put some additional spaces
19:56:02 in that location, but then you would lose half of that
19:56:05 space for the professional office.
19:56:10 So that is a serious impact to this particular site
19:56:17 >>THOMAS SCOTT: Councilmember Stokes.
19:56:18 >>CURTIS STOKES: Miss hammer.
19:56:23 On the side where the drive aisle is, that is the drive
19:56:27 I'm going to the front of the building on that side?
19:56:29 >> This is the drive aisle, yes.
19:56:32 >>CURTIS STOKES: So 4% reduction -- you are 4% over in
19:56:37 the allowable -- it is conceivable that buyers can park
19:56:41 under the tree or your client could park --
19:56:43 >> It is conceivable.
19:56:45 It wasn't be a standard sized parking space, but
19:56:48 conceivable that somebody could pull over in that
19:56:51 location at the front of the building.
19:57:01 >>CURTIS STOKES: Thank you.
19:57:05 The tree has a fairly high canopy, so obviously the
19:57:09 canopy hangs over the building to the canopy is taller
19:57:12 than the building, so it is conceivable that somebody
19:57:20 could pull in in that location.
19:57:23 >>THOMAS SCOTT: Any other questions?
19:57:29 So the only outstanding issue is the parking now.
19:57:30 >> Yes, sir.
19:57:34 >>THOMAS SCOTT: Staff, is that -- parking is the only
19:57:36 outstanding issue.
19:57:37 Miss Anthony?
19:57:49 >> Yes, Council.
19:57:53 If they are -- if the petitioner is agreeing to -- to
19:57:58 relocate the dumpster enclosure, the carton closure,
19:58:03 then the only outstanding inconsistency would be the
19:58:07 objection from Transportation.
19:58:12 And it is for the one parking space.
19:58:14 >>THOMAS SCOTT: Okay.
19:58:27 Is there space available now where the dumpster was?
19:58:30 >> Solid waste has proposed another alternative, and
19:58:42 Vince may want to come up and show along the building.
19:58:45 >>THOMAS SCOTT: Yes.
19:58:47 >>ABBYE FEELEY: The question is if a parking space
19:58:51 would go there if they moved the enclosure.
19:58:54 It is only four foot deep and would not be enough to
19:58:58 >> Solid waste proposed a long the building you could
19:59:01 put the solid waste enclosure opposed to here.
19:59:04 And that was a better alternative.
19:59:04 >> Okay.
19:59:05 We will look at that.
19:59:08 >>GWEN MILLER: Will that give them a parking space
19:59:12 >> I guess the question is would that allow on that
19:59:13 side a parking space.
19:59:15 With the drive aisle.
19:59:17 >> It wouldn't allow for an additional parking space.
19:59:19 They wouldn't be able to pick up an additional parking
19:59:22 space unless they decreased the square footage of the
19:59:27 >> Council, again, just so -- just so that the record
19:59:30 is clear, that issue a waivable objection.
19:59:32 The staff has made that objection known to Council.
19:59:36 Council does have an ability to waive that objection
19:59:40 and move forward if it so chooses.
>>THOMAS SCOTT: Councilwoman Mulhern.
>>MARY MULHERN: Are you done with your rebuttal?
>> I think so, unless you have some more questions.
>> I move to close the public hearing.
>>THOMAS SCOTT: Anyone in the public in opposition to
I wanted to make sure.
Moved and seconded.
All in favor signify by saying Aye.
>> I'm going to move the ordinance waiving the
transportation, allowing the waiver of the
transportation parking requirement.
I move an ordinance rezoning property in the general
vicinity of 3715 West Swann Avenue in the city of
Tampa, Florida and more particularly described in
section 1 from zoning district classification RS-60
residential single-family to CN commercial
neighborhood, retail office, personal services, hair
salon, providing an effective date.
>> Also, council, location of the dumpster.
>> And with the relocation of the dumpster.
>>THOMAS SCOTT: And the cart enclosure.
>> And the cart enclosure.
>>THOMAS SCOTT: Is there a second?
>>THOMAS SCOTT: Moved and seconded.
All in favor signify by saying Aye.
>>THE CLERK: Motion carried unanimously.
Second reading --
20:01:16 >> No. One objection.
20:01:19 Councilman Miranda.
20:01:20 >>THE CLERK: Motion carried with Miranda voting no.
20:01:23 Second reading and adoption will be on August 5th
20:01:26 at 9:30 a.m.
20:01:28 >> Okay.
20:01:30 Last item.
20:01:31 Item 13.
20:01:31 >>MARTIN SHELBY: 12, I believe, is the next item.
20:01:43 Item 12.
20:01:46 >>THOMAS SCOTT: I thought we just did 12.
20:01:48 No, we did 11.
20:01:53 Okay, item 12.
20:01:55 Item 12.
20:02:02 Item 12.
20:02:05 Item 12.
20:02:06 >>GWEN MILLER: Wrong side.
20:02:14 >> Application Z-10-17.
20:02:25 The property addresses 2101 Hillsborough and 5410 north
20:02:32 Albany street.
20:02:32 This is a rezoning request.
20:02:34 Petitioner is requesting a rezone from CG commercial
20:02:38 general to PD planned development to allow for retail.
20:02:48 >>TONY GARCIA: Planning Commission staff.
20:02:49 I have been sworn.
20:02:50 The request is to rezone from commercial general to
20:02:53 planned development.
20:02:55 The site is on the overhead in the central Tampa
20:02:59 This is the fourth one we have heard tonight.
20:03:02 So it's panning out as far as redevelopment petitions
20:03:07 in the central planning district.
20:03:09 Site is located on the north face of Hillsborough
20:03:11 Avenue, just a short distance from the intersection of
20:03:13 Armenia and Hillsborough Avenue.
20:03:16 The applicant is requesting approval of this petition
20:03:18 to allow for the development of presently a vacant
20:03:21 commercial use on the site for general commercial
20:03:23 retail store, family dollar, approximately 8,000 feet
20:03:27 in size.
20:03:28 Within the boundaries of the Wellswood civic
20:03:31 As I said before, in the central Tampa planning
20:03:35 The site, Hillsborough Avenue is a mixed use corridor
20:03:39 village which does offer the comprehensive plan
20:03:41 opportunities for redevelopment, greatest opportunities
20:03:44 for redevelopment.
20:03:45 As you can see, current future land use category is
20:03:49 commercial 35, a variety of all the commercial uses,
20:03:52 commercial neighborhood, general intensive uses.
20:03:56 There are a variety of other uses as will be exhibited
20:03:59 over here on the aerial.
20:04:01 Where the buildings or most of the buildings, this is
20:04:04 an old grocery store.
20:04:08 The footprint has probably been the same for at least
20:04:11 20 years that I can recall on this particular corner.
20:04:13 Most of the uses are towards Hillsborough Avenue, and
20:04:17 much more of an urban type of setting which is what we
20:04:20 had requested.
20:04:21 The applicant try to do when they designed their site.
20:04:25 So as you will see, when the representative for the
20:04:27 applicant comes up you will see that they try to go
20:04:30 ahead and orient the building much closer to
20:04:32 Hillsborough Avenue with the other buildings.
20:04:35 Orientation into the site will be from the side.
20:04:39 If you were to go up and down Hillsborough Avenue, you
20:04:42 will see there are other commercial businesses that
20:04:43 also orient their businesses with access from the side
20:04:48 instead of having that interface directly to the front,
20:04:52 having a front entrance, mainly because of Hillsborough
20:04:55 Avenue, as we all know, is you have quite a bit of
20:04:59 automotive density on Hillsborough Avenue and rates of
20:05:04 speed so you have a safety issue on some segments of
20:05:08 Hillsborough Avenue.
20:05:08 That's why some of these commercial businesses have
20:05:10 been designed in the manner they are.
20:05:12 Planning Commission staff found the proposed request
20:05:14 based on similarity of uses and complementary use as
20:05:18 long Hillsborough Avenue consistent with the
20:05:20 comprehensive plan.
20:05:20 >>THOMAS SCOTT: Ms. Anthony?
20:05:27 >> Towanda Anthony, land development.
20:05:32 There are three waivers being requested.
20:05:39 There's the zoning at last.
20:05:40 The property is located here in the green hatched area
20:05:45 and above Hillsborough to the south.
20:05:47 It's surrounded by commercial uses along Hillsborough,
20:05:51 which is the major corridor.
20:05:56 There's residential to the north of the property.
20:05:58 As you can see, there's residential neighborhood to the
20:06:07 There's the aerial of the site.
20:06:09 And here is Hillsborough
20:06:11 There's Albany.
20:06:12 And Mohawk.
20:06:13 And you can see the residential community and the
20:06:16 commercial establishments along Hillsborough.
20:06:27 Here is the property at this site looking west
20:06:33 Here is the property looking south.
20:06:41 Here is a picture of the property looking north.
20:06:48 And this is a picture of the property looking east.
20:06:54 This a Albany.
20:06:59 This is the abutting use to the east.
20:07:03 The abutting use to the west.
20:07:09 This is south across Hillsborough.
20:07:13 And this is looking west along Hillsborough Avenue.
20:07:19 The applicant is proposing to rezone from CG to PD to
20:07:29 allow for redevelopment.
20:07:31 37,661 square foot commercial lot to allow for a family
20:07:40 The plans propose to construct 18,000 square feet of
20:07:42 building from a retail use.
20:07:45 The site is surrounded by commercial uses to the west
20:07:48 and east, residential to the north and right-of-way to
20:07:50 the south.
20:07:51 The proposed building setbacks are as follows -- 10
20:07:55 feet to the east, 16.2 feet to the west, 83.33 feet to
20:08:00 the north -- excuse me, to the west, and 98.99 feet to
20:08:07 the north.
20:08:07 The maximum building height is proposed at 45 feet, a
20:08:11 total of 32 parking spaces are required, and 36 spaces
20:08:15 are being provided.
20:08:17 That includes two ADA spaces, 14 compact spaces, and 20
20:08:22 standard spaces.
20:08:25 Staff has found the plan inconsistent.
20:08:27 However, the modifications proposed are made between
20:08:31 first and second reading, staff will find the plan
20:08:36 Council, the applicant is requesting a finding of
20:08:39 impracticality by City Council for the construction of
20:08:42 a sidewalk along north Albany Avenue, as well as west
20:08:48 Mohawk Avenue.
20:08:49 Should City Council grant this finding, the following
20:08:52 note is requested, to be modified on the site plan, and
20:08:56 relocated to the general note section.
20:08:58 With the approval of this site, City Council has
20:09:01 determined that it is not practical to construct a
20:09:05 sidewalk along north Albany Avenue and Mohawk Avenue.
20:09:10 As such, ab fee will be paid at the time of permitting
20:09:14 and the in lieu fee will be determined by a linear feet
20:09:18 at the frontage by the linear foot contribution fee at
20:09:23 the time of permitting.
20:09:24 This fee is currently $43 a linear foot.
20:09:29 Thank you.
20:09:32 >>THOMAS SCOTT: Have you all made that determination?
20:09:33 >> That's a finding that council has to make.
20:09:36 They have to determine if it's practical or impractical
20:09:39 for the petitioner to provide a sidewalk.
20:09:40 >>CHARLIE MIRANDA: Makes no difference.
20:09:48 >> Those are two local streets.
20:09:51 One is abutting the residential to the north, and this
20:10:01 is Mohawk Avenue.
20:10:07 This is Albany Avenue which leads out to Hillsborough.
20:10:12 And these are the two streets that he's requested to
20:10:14 provide a sidewalk. Whenever there's new construction,
20:10:17 you are required to provide sidewalks.
20:10:20 Council will have to make the determination if he
20:10:22 provides the sidewalk or if he pays the is in lieu fee.
20:10:34 >>CHARLIE MIRANDA: Since she brought up the sidewalk,
20:10:36 I'm trying to be as fair as I can.
20:10:40 When you start talking about sidewalks, if the
20:10:45 petitioner chooses to build a sidewalk, he saves money.
20:10:49 He and everybody else saves money, because if you
20:10:51 don't, the city is going to hold you up, just like
20:10:58 this, because they are not going to give you any
20:11:01 credit, or any drive-through area that you go in and
20:11:07 They just run a straight line and say it's 300 feet,
20:11:11 you owe me 300 times 43.
20:11:14 Whereas if you build it, you're better off.
20:11:19 That's my opinion.
20:11:20 Because the April is calculated even though you have
20:11:25 got to build it yourself, for your own ingress and
20:11:28 egress, you pay for it again on the 43 feet.
20:11:31 You pay for it twice.
20:11:32 So that's what I don't like about that ordinance at
20:11:35 It takes money to build anything.
20:11:38 And then we come back at you and hit you double,
20:11:41 because you did your own apron going in, and then when
20:11:45 you calculate the footage, that is not omitted from the
20:11:49 total amount of linear feet.
20:11:51 So we are doing an injustice to the public.
20:11:54 But that's just my opinion.
20:11:56 Yes, sir.
20:11:57 >>STEVE MICHELINI: I'm here on behalf of the
20:12:02 We are respectfully requesting your authorization to
20:12:04 rezone this property to allow the redevelopment of the
20:12:07 site that was developed around 1940, and this will be
20:12:11 one of the newer developments that occurs on
20:12:14 Hillsborough Avenue that complies with your new
20:12:17 standard that encourages the buildings to be pushed
20:12:20 forward up towards Hillsborough Avenue and
20:12:23 redevelopment of the parking lots adjacent to it on the
20:12:25 sides and rear.
20:12:27 The staff can tell you that we struggled with this site
20:12:29 plan, and the developer went to extraordinary lengths
20:12:33 to come back with a plan that met with the spirit of
20:12:36 the code of the new Hillsborough development
20:12:40 So we are respectfully requesting that you approve this
20:12:44 We have found that the development of the sidewalks is
20:12:46 not practical, and as Mr. Miranda pointed out it's
20:12:50 actually going to cost us more money to pay into the in
20:12:53 lieu fee than it would be for us to design, develop the
20:12:56 sidewalks ourselves.
20:12:58 We are asking for full access on Albany Avenue, and we
20:13:02 are also asking for the waivers as stated on the site
20:13:05 plan for additional signs, and we are also asking
20:13:09 for -- the staff is asking us to remove the loading
20:13:13 spaces, as they do not comply with the design criteria.
20:13:18 So we will be requesting those waivers, and we'll be
20:13:23 correcting the site plan, to add the notes as requested
20:13:25 by the city, and we have been provided with a sheet
20:13:30 regarding those revisions.
20:13:32 So we are respectfully requesting approval for this
20:13:35 It will bring a new development on the Hillsborough
20:13:38 Avenue, as I said.
20:13:39 It probably hasn't seen much new development in the
20:13:42 last ten years.
20:13:43 So that conclude my comments.
20:13:47 I will certainly be available for any questions you
20:13:49 might have.
20:13:50 >>THOMAS SCOTT: Any questions by council?
20:13:53 Anyone from the public wish to address council on this
20:13:57 Anyone from the public?
20:14:02 >>GWEN MILLER: Move to close.
20:14:05 >>JOSEPH P. CAETANO: Second.
20:14:06 >>THOMAS SCOTT: All in favor say Aye.
20:14:10 >>STEVE MICHELINI: I think, council, you have to have
20:14:14 a finding first that the sidewalk is impractical, and
20:14:17 to allow us to pay the in lieu fee, and then move the
20:14:20 ordinance, please.
20:14:35 >>JOSEPH P. CAETANO: Can I go on, Mr. Chairman?
20:14:37 >> Yes, but before you do that we have to find about
20:14:41 the sidewalks.
20:14:41 >>STEVE MICHELINI: The --
20:14:46 >>THOMAS SCOTT: Mr. Michelini, please be seated.
20:14:48 >>MARTIN SHELBY: Why don't we open the hearing for
20:14:52 that purpose?
20:14:53 I'm sorry, council.
20:14:55 >>CHARLIE MIRANDA: I won't ask that.
20:14:56 In my own mind I am going to vote against it because
20:14:58 the city is stealing money and double charging the
20:15:01 20-foot or 24-fat ingress in and out of the properties,
20:15:05 so therefore I just can't stand for that.
20:15:07 >>JOSEPH P. CAETANO: Mr. Chairman, on that subject I
20:15:10 think we ought to do something about that.
20:15:12 I have been hearing that for three years that I have
20:15:13 been on this council.
20:15:16 >>THOMAS SCOTT: Well --
20:15:17 >>JOSEPH P. CAETANO: People, when they are building
20:15:19 these sidewalks, they are getting the shaft.
20:15:21 It's not right.
20:15:21 >>CHARLIE MIRANDA: I'll have a revision next week.
20:15:25 It's already been written up.
20:15:26 >>JOSEPH P. CAETANO: An ordinance rezoning --
20:15:31 >>THOMAS SCOTT: We still have to deal --
20:15:33 >>GWEN MILLER: Did you make a motion?
20:15:35 >>CHARLIE MIRANDA: No.
20:15:35 I just wanted to know the practicality.
20:15:37 >>MARTIN SHELBY: I don't believe normally, council, it
20:15:40 has to be a motion.
20:15:41 It just hags to be a finding after the close of the
20:15:43 public hearing.
20:15:44 You can make that as part of you're motion that you
20:15:45 make that finding.
20:15:46 It doesn't have to be reopened if you don't wish to.
20:15:48 >>THOMAS SCOTT: Councilwoman?
20:16:05 >>YVONNE CAPIN: Do we have to find one or the other?
20:16:08 >>CHARLIE MIRANDA: We have to find one or the other,
20:16:10 council member Capin.
20:16:11 The way I read this, this is already worked out between
20:16:14 the developer and the city.
20:16:18 For us not to find a reason to the sidewalk.
20:16:21 That's what I think happened.
20:16:22 Maybe the parties did not.
20:16:24 >> I don't know if that would be legally sufficient,
20:16:28 >>THOMAS SCOTT: I raised that question earlier, and
20:16:32 they said we have to find that by raising it.
20:16:35 I said, well, do you all feel it's impractical to we
20:16:39 have to decide?
20:16:41 My question was, staff viewed the site and looked at
20:16:45 But --
20:16:48 >>GWEN MILLER: I would suggest that petitioner pay the
20:16:50 fee in lieu of building sidewalks.
20:16:59 >>THOMAS SCOTT: So we need to include that in our
20:17:02 Let me hear from the attorney.
20:17:03 >>> City Council, the applicant has requested to pay
20:17:07 the in lieu fee, which will require a finding of
20:17:12 When you move the ordinance, somewhere in the motion,
20:17:15 you need to find -- to include in the motion a finding
20:17:20 of impracticality to build the sidewalk.
20:17:21 You don't have to be, but that is what the applicant is
20:17:25 asking you to do.
20:17:27 >>CHARLIE MIRANDA: Since the hearing is closed and we
20:17:28 are getting new information, she might as well tell us
20:17:30 why they found it.
20:17:33 >>GWEN MILLER: She can't.
20:17:36 >>MARTIN SHELBY: It's my recommendation at this point,
20:17:38 it will take just a few extra minutes.
20:17:39 Please reopen the public hearing.
20:17:41 >>CHARLIE MIRANDA: Open the public hearing, please.
20:17:43 >> Second.
20:17:44 >>THOMAS SCOTT: Moved and seconded.
20:17:46 All in favor?
20:17:48 >>CHARLIE MIRANDA: Why are we saying we don't want a
20:17:50 Is it impractical to build?
20:17:52 Is it no land?
20:17:53 No right-of-way?
20:17:54 >>STEVE MICHELINI: It's impractical for a couple of
20:17:57 There's a drainage ditch on one side.
20:17:58 Retention runs along the other side.
20:18:01 We have a number of trees on the other side of the
20:18:06 There will be a wall there as required to buffer us
20:18:09 from the residential property, which means a sidewalk
20:18:12 would run on the other side of the wall.
20:18:19 >>CHARLIE MIRANDA: That's happening all over the city.
20:18:20 >> It's more practical for to us pay the fee and the
20:18:26 city at some point to build the sidewalks where they
20:18:28 think it's appropriate.
20:18:29 And that's what we are willing to do is pay the fee,
20:18:32 put it in the sidewalk fund, so when the city does
20:18:35 build sidewalks in this area, they have to be built in
20:18:37 the area, and they'll have money to do that.
20:18:40 >>THOMAS SCOTT: Let me hear from Ms. Anthony on that
20:18:44 Is that accurate?
20:18:46 Do you concur what he just said?
20:18:49 There's a drainage there, trees there?
20:18:55 >> Towanda Anthony, land development.
20:19:03 I don't see the drainage ditch that he pointed out.
20:19:16 The one on Mohawk, they could put a six foot fence wall
20:19:19 along Mohawk so that walk would be on the other side of
20:19:22 the fence.
20:19:23 >>THOMAS SCOTT: Okay, so a sidewalk inside the fence so
20:19:25 they won't have access to it.
20:19:27 The public won't have access to it is what you are
20:19:30 >>> We did propose a compromise on Mohawk, provide a
20:19:38 sidewalk on Albany leading to Hillsborough and pay the
20:19:41 in lieu fee for Mohawk.
20:19:43 >>THOMAS SCOTT: What was that again?
20:19:46 >>> That was a compromise on the petitioner is willing
20:19:50 to provide a sidewalk along Albany Avenue, and pay the
20:19:53 in lieu fee for Mohawk Avenue.
20:19:58 >>THOMAS SCOTT: Okay.
20:19:58 >>STEVE MICHELINI: Specify the property we have the
20:20:06 conflict with the trees on and we have to weave in and
20:20:11 out and across easements on private property and there
20:20:14 isn't sufficient right-of-way to do that.
20:20:15 >>THOMAS SCOTT: Well, listen --
20:20:20 >>STEVE MICHELINI: We have agreed to have pay the fee,
20:20:22 We respectfully request that we just move forward with
20:20:25 >>THOMAS SCOTT: But we have to hear from our staff,
20:20:28 too, a to make sure everything is right on the record,
20:20:30 Mr. Michelini.
20:20:31 And it bothers me when you all are there shaking your
20:20:34 head because you need to talk to us.
20:20:36 >>ABBYE FEELEY: I'm sorry.
20:20:38 Land Development Coordination.
20:20:39 Whatever special use or site plan control zoning comes
20:20:42 before you, as part of that if the sidewalk is not in
20:20:45 existence adjacent to that piece of property, it is the
20:20:48 petitioner's requirement to place that sidewalk
20:20:50 adjacent to the property.
20:20:54 If they find that it is impractical to place it there
20:20:57 for whatever reason, then they can petition to you as
20:21:01 part of their application to pay a fee in lieu instead
20:21:05 of putting the sidewalk there.
20:21:08 From what we see -- and let me just show you some
20:21:11 pictures -- this is Mohawk.
20:21:14 There's a lot of right-of-way there.
20:21:18 There's the ditch.
20:21:18 >> Well, there is a drainage there.
20:21:26 >>> But it's a five foot sidewalk, and typically placed
20:21:28 adjacent to the property line.
20:21:30 If you look on your site plan you will see it appears
20:21:32 to be substantial amount of right-of-way.
20:21:36 >>THOMAS SCOTT: Okay.
20:21:36 >>ABBYE FEELEY: When staff discussed this prior to
20:21:40 producing the staff report, we did discuss the
20:21:41 potential of asking for the placement along Albany,
20:21:47 seeing that this is a connection into the residential
20:21:49 area, and given that this is going to be a
20:21:51 neighborhood-serving use.
20:21:53 It is going to be a Family Dollar, that providing a
20:21:57 clear and safe pathway for those residents to walk down
20:22:00 and not necessarily have been to use their car and be
20:22:03 able to then go back in a safe manner would probably be
20:22:06 more in concert than waiving on both the north side
20:22:11 along Mohawk and the east side along Albany.
20:22:14 >>THOMAS SCOTT: Councilman Stokes.
20:22:21 >>CURTIS STOKES: So we are asking the petitioner to put
20:22:23 a sidewalk between Hillsborough and Mohawk?
20:22:29 >>STEVE MICHELINI: The request from your our side,
20:22:31 sir, is that we not be required to build the sidewalk,
20:22:34 that we pay the city to install a sidewalk at their
20:22:37 discretion in the future, which doesn't connect to any
20:22:41 other sidewalks.
20:22:47 >>CHAIRMAN: The code says --
20:22:49 >>STEVE MICHELINI: We are going to pay the fee.
20:22:50 >>ABBYE FEELEY: The way the code reads, you either put
20:22:58 in the sidewalk, or you can ask through council or the
20:23:02 transportation manager to pay the fee.
20:23:03 There is no way to waive the fee.
20:23:07 The two choices are either put in the sidewalk, or you
20:23:11 ask to waive the sidewalk and pay the fee.
20:23:14 But there is no way to waive the monetary.
20:23:16 The way our sidewalk program works in the city is that
20:23:20 it's more on a redevelopment basis.
20:23:22 But as things come in, those sidewalks and those
20:23:24 connections are put in.
20:23:25 We understand that there may be no other connection.
20:23:29 But the money that's then paid into the trust fund
20:23:32 later down the road provides those connections in other
20:23:35 places of the city.
20:23:37 But it's kind of on a redevelopment basis, that as
20:23:41 parcels come in, even if you came in under an existing
20:23:45 zoning and did not have to petition the council for a
20:23:48 rezoning, at the time you would develop, if a sidewalk
20:23:51 was not there, pursuant to our code, would you provide
20:23:53 the sidewalk along with your development for a
20:23:57 single-family house, commercial, industrial, it doesn't
20:24:00 That's how the city's current sidewalk program is
20:24:11 >>YVONNE CAPIN: So the compromise is to build a
20:24:12 sidewalk along Albany, and pay for Mohawk.
20:24:17 I'm not sure if I'm using the right word.
20:24:21 >>ABBYE FEELEY: That is a potential recommendation that
20:24:23 council could make.
20:24:24 Yes, ma'am.
20:24:33 >>MARTIN SHELBY: Just to follow up on what Ms. Feeley
20:24:36 Your code is a public policy that the City Council in
20:24:41 the past has made the policy in order to encourage
20:24:46 They are required understood the code unless they are
20:24:53 impractical, and then it is for the petitioner to
20:24:56 either show the transportation department or the City
20:24:58 Council why it is impractical that the sidewalk cannot
20:25:01 be built, and if the city decides then, the City
20:25:05 Council then decides the sidewalk cannot be built, the
20:25:07 remedy then is instead of building a sidewalk, it's a
20:25:11 contribution to a monetary contribution for sidewalks
20:25:15 and other sections within this area.
20:25:20 >>THOMAS SCOTT: Councilman Miranda.
20:25:21 >>CHARLIE MIRANDA: Mr. Michelini, I know you are doing
20:25:23 the right thing, but I'm just struggling with the
20:25:27 sidewalk ordinance.
20:25:28 Because let me tell you, if you had a ditch around this
20:25:31 place and you couldn't build the sidewalk, you still
20:25:33 have to pay it to the in lieu fee.
20:25:37 It makes no difference, if you were just adding onto
20:25:40 this building and you went 50.1% of the total
20:25:43 structure, you still would have to pay into the
20:25:46 sidewalk instead of your plans got submitted and tell
20:25:52 you to cut back to 49.99, you don't have to spend all
20:25:56 that money.
20:25:57 But they don't tell you all of that.
20:25:58 So I do have an internal mechanism in me that keeps
20:26:02 telling me, I'm not against sidewalks, but everything
20:26:04 that was said was true.
20:26:05 Let me tell you what they didn't say.
20:26:07 The next 500 years, there would never be no connection
20:26:13 of sidewalks throughout this whole city, because it
20:26:16 doesn't work.
20:26:17 It's fine.
20:26:18 I can show you a sidewalk where they walk into a wall.
20:26:22 They'll tell you, you can't build the sidewalk if are
20:26:25 you are a property owner and there is a fire hydrant in
20:26:27 your property.
20:26:28 But then the city goes out, and ADA says, oh, you have
20:26:31 got to add five feet.
20:26:32 But the city starts with five feet, end up with three
20:26:35 feet around the fire hydrants.
20:26:38 They tell you you can't knock down a put a sidewalk.
20:26:41 Therefore you can't put a sidewalk.
20:26:43 What does the city do?
20:26:44 Goes around the tree.
20:26:46 I like the tree.
20:26:46 You, your client and the city, all in the same voice,
20:26:50 and that's the only objection.
20:26:51 I'm not objecting -- in fact, I applaud you and your
20:26:54 client for making that type of investment at a dollar
20:26:59 But I just don't see why you want to pay more money in
20:27:04 lieu to build the sidewalk for less money.
20:27:07 That's the only thing in my mind I don't understand.
20:27:09 >>STEVE MICHELINI: If I could respond to that, sir.
20:27:12 The reason why we are requesting to pay the fee is
20:27:14 because we believe that we are going to be stuck in
20:27:16 permitting for an extraordinary amount of time.
20:27:19 We have a fire hydrant at one end of the property.
20:27:22 We have a drainage inlet at the other end of the
20:27:25 And we are going to have to deal with so many agencies
20:27:28 to try to get this permitted that it will delay the
20:27:30 construction of this project, and time is of the
20:27:34 essence to get this project permitted and built.
20:27:37 We would rather pay the fee, even if it's a penalty
20:27:41 fee, we would rather pay it and get done with it than
20:27:43 try to get this permitted.
20:27:46 It is an absolute nightmare.
20:27:49 >>CHARLIE MIRANDA: I understand.
20:27:50 It's a shame it's that way, but I understand.
20:27:52 >>GWEN MILLER: Move to close the public hearing.
20:27:55 >> Second.
20:27:57 >>THOMAS SCOTT: Moved and seconded.
20:27:58 All in favor signify by saying Aye.
20:28:01 What's the pleasure of council?
20:28:02 >>GWEN MILLER: Make a ruling on the sidewalk.
20:28:12 You make it.
20:28:14 >>CHARLIE MIRANDA: Well, I see no reason.
20:28:15 I don't know why the city would be so hard to deal with
20:28:19 to get a permit to go around a fire hydrant when they
20:28:23 themselves do it.
20:28:23 I can tell you right now by memory tells me on Matanzas
20:28:29 and Columbus drive, eight months ago, they built one,
20:28:32 went right around a fire hydrant, from five feet to
20:28:36 three feet.
20:28:37 If you don't believe me, go look at it.
20:28:39 We do things, and we don't follow the rules.
20:28:42 Why should you be not allowed the same opportunity?
20:28:45 That's what bothers me.
20:28:51 I'm going to sit back and let you all decide.
20:28:53 >>THOMAS SCOTT: Okay, council, we need to move.
20:28:57 What do you all want to do?
20:28:58 What do you all want to do with this?
20:29:01 >>GWEN MILLER: I made a suggestion earlier.
20:29:03 You went back and opened the public hearing.
20:29:08 My statement was to let the petitioner pay the fee in
20:29:11 lieu of -- because the fire hydrant, the drainage and
20:29:16 the width of the tree, let them pay the fee.
20:29:20 >>THOMAS SCOTT: Well, all I want to say is, if we pass
20:29:26 this because of his statement of saying the
20:29:28 administration can't get done, can't move fast enough,
20:29:31 then that's an embarrassment --
20:29:33 >>GWEN MILLER: I didn't say that.
20:29:35 >>THOMAS SCOTT: I'm hearing what the petitioner said.
20:29:36 Petitioner said that in order for them to build the
20:29:42 sidewalk, it would take them too long to get the permit
20:29:44 for that.
20:29:46 Is that what I heard?
20:29:48 The process is so cumbersome that they could not get
20:29:51 done in a timely manner, because the department will
20:29:59 take insurmountable amount of time.
20:30:04 That does not sit well with me.
20:30:14 There's a motion that -- yes?
20:30:17 >>MARTIN SHELBY: That's just a finding of fact and if
20:30:20 it's made part of the motion, that's fine.
20:30:22 >>THOMAS SCOTT: Okay.
20:30:23 >>JOSEPH P. CAETANO: An ordinance rezoning property in
20:30:27 the general vicinity of 2101 west Hillsborough Avenue
20:30:31 and 5410 north Albany street in the city of Tampa,
20:30:34 Florida and more particularly described in section 1
20:30:38 from zoning district classifications CG commercial
20:30:41 general to PD planned development, retail, commercial,
20:30:45 providing an effective date, and this shall include the
20:30:48 developer paying an in lieu fee for the sidewalk.
20:30:54 >>THOMAS SCOTT: Is there a second?
20:30:57 >>GWEN MILLER: Second.
20:30:57 >>THOMAS SCOTT: Moved and seconded.
20:31:00 All in favor signify by saying Aye.
20:31:03 >>THE CLERK: Motion carried with Mulhern being absent
20:31:06 at vote.
20:31:06 Second reading and adoption will be on August 5th
20:31:09 at 9:30 a.m.
20:31:10 Mr. Chairman, did that motion include the revision
20:31:12 sheet as well?
20:31:14 >> Yes, that included the revision sheet.
20:31:16 >>GWEN MILLER: Yes.
20:31:38 >> Towanda Anthony, Land development.
20:31:52 V-10 177. The property address is 2102 east Fowler
20:31:58 This is a special use request.
20:32:00 The current zoning is CG commercial general and this is
20:32:04 a request for a drive-in window for a proposed Panda
20:32:12 express restaurant.
20:32:19 >>TONY GARCIA: Planning Commission staff.
20:32:20 I have been sworn.
20:32:23 Your final case this evening is V-10-177 located in the
20:32:29 university district.
20:32:30 This is again another different planning district.
20:32:34 We have covered almost all of them.
20:32:35 So it's in the university district.
20:32:37 It's located basically a parcel for university square
20:32:42 mall is at.
20:32:43 There's a variety of general commercial uses along this
20:32:45 particular segment.
20:32:47 Let me cover it very quickly.
20:32:48 It is right on the boundary between Hillsborough County
20:32:51 and City of Tampa.
20:32:53 This is all commercial.
20:32:57 East Fowler Avenue.
20:32:58 As you can see, there are a lot of other general
20:33:01 commercial uses along this side, banks or other fast
20:33:05 food restaurants.
20:33:06 The request is for the CG to allow a drive-through.
20:33:09 Planning Commission staff found the proposed request
20:33:11 consistent with the comprehensive plan.
20:33:13 >>JOSEPH P. CAETANO: Mr. Garcia, what's in that
20:33:22 building now?
20:33:23 >>TONY GARCIA: The restaurant that's there.
20:33:24 They just need the drive-through.
20:33:28 The Panda.
20:33:29 It's going to be the Panda.
20:33:33 It's a vacant commercial use.
20:33:37 I stand corrected.
20:33:38 >> Towanda Anthony, land development.
20:33:42 There are no waivers requested.
20:33:47 This is the zoning atlas.
20:33:51 The parcel is located here in the hatched area, along
20:33:54 Fowler Avenue, and you can see the CG commercial uses
20:33:58 along Fowler.
20:33:59 It is one of the outparcels at university square mall.
20:34:06 Here is the aerial of the site.
20:34:10 It's a vacant site currently.
20:34:13 It's adjacent to Kentucky Fried Chicken to the west.
20:34:17 And Sears tower company to the east.
20:34:33 Here is a picture of the site.
20:34:35 There's another picture of the site.
20:34:40 The site looking north toward Fowler Avenue.
20:34:48 This is looking west toward Kentucky Fried Chicken.
20:34:54 Here is the view looking north toward university square
20:35:01 This is a few looking east.
20:35:08 The adjacent use to the west.
20:35:11 An adjacent use to the south.
20:35:19 The applicant is requesting a special use to allow for
20:35:22 a drive-in window for the proposed Panda express
20:35:26 The property again is an outparcel to the university
20:35:29 square mall.
20:35:31 The proposed development will consist of a one-story,
20:35:34 2518-foot square building.
20:35:39 The building setbacks are south 45.5 feet, to the west,
20:35:44 127.7 feet to the east, 28.81 feet to the rear, to the
20:35:50 north, 25.5 feet.
20:35:53 The proposed request is 26 parking spaces, and 34
20:36:00 parking spaces are being provided which consists of 32
20:36:04 standard spaces and two ADA spaces.
20:36:08 Maximum building height is 33 feet.
20:36:10 Elevation has been provided.
20:36:14 The staff did find inconsistencies with this site plan
20:36:18 as proposed.
20:36:19 However, if the recommended revisions are made between
20:36:22 first and second reading staff will find the plan
20:36:25 consistent and revision sheets have been provided.
20:36:31 Thank you.
20:36:33 >>THOMAS SCOTT: Any questions from council?
20:36:40 >> My name is James Stylanger.
20:36:47 I have been sworn in.
20:36:48 I represent Interplan LLC who is the consultant for
20:36:49 Panda express restaurant petitioning for the special
20:36:51 use for the drive-through.
20:36:53 I just want to point out that the building is allowed.
20:36:57 The only special use remains --
20:36:59 >>THOMAS SCOTT: You agree to all of the --
20:37:03 >>> We do, sir.
20:37:03 >>THOMAS SCOTT: Anyone here in opposition that wants
20:37:05 to speak to council on this item?
20:37:07 >>GWEN MILLER: Move to close.
20:37:09 >> Second.
20:37:11 >>THOMAS SCOTT: All in favor signify by saying Aye.
20:37:13 Mr. Stokes, do you want to read it, please?
20:37:16 The ordinance.
20:37:26 >>CURTIS STOKES: An ordinance approving a special use
20:37:28 permit S-2 approving a drive-in window in a CG
20:37:32 commercial general zoning district, 2102 east Fowler
20:37:39 Avenue in the city of Tampa, Florida and more
20:37:40 particularly described in section 1 hereof providing an
20:37:42 effective date.
20:37:42 >>THOMAS SCOTT: The motion includes the revisions
20:37:47 outlined by staff.
20:37:50 >>CURTIS STOKES: Motion includes the revisions outlined
20:37:52 by staff.
20:37:53 >>THOMAS SCOTT: Moved and seconded by councilman
20:37:55 All in favor signify by saying Aye.
20:37:58 >>THE CLERK: Motion carried unanimously.
20:38:02 Second reading and adoption will be on August 8 --
20:38:05 correction, August 5th at 9:30 a.m.
20:38:10 >>GWEN MILLER: Move to receive and file.
20:38:11 >> Second.
20:38:12 (Motion carried).
20:38:13 >>THOMAS SCOTT: Any other business to come before us
20:38:24 We stand adjourned.
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