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TAMPA CITY COUNCIL
Thursday, September 16, 2010
6:00 p.m. Session

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18:03:44 >>THOMAS SCOTT: The City Council will now come to

18:03:45 order.

18:03:47 We will have roll call.

18:03:55 [Roll Call Taken]

18:03:59 >>THOMAS SCOTT: Special privilege by Councilman

18:04:00 Caetano.

18:04:02 >>JOSEPH P. CAETANO: I would like to bring out that

18:04:06 Plant High School is playing tonight Abilene, Texas in a

18:04:08 nationally televised game.

18:04:11 So we feel honored that they are playing, and they have

18:04:15 reached that pinnacle point.

18:04:17 So congratulations to them.

18:04:25 >> I second that and I saw sorry you are not with them.

18:04:29 >>JOSEPH P. CAETANO: Are you suggesting -- I think mine

18:04:31 is being recorded at home so.

18:04:34 >>THOMAS SCOTT: Congratulations to Plant for that

18:04:38 Nationally recognized honor.

18:04:40 Staff to come to clean up the agenda and proceed with

18:04:44 our public hearing tonight.

18:04:47 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

18:04:49 Councilmembers, one change to the agenda.

18:04:57 It is Item Number 7, Z10-30 has requested a continuance

18:05:00 to the October 14 public hearing date.

18:05:04 I have a letter from the petitioner to put on the

18:05:07 record.

18:05:10 All other items will remain the same.

18:05:11 >>THOMAS SCOTT: Okay.

18:05:14 Do we need to open the public hearing to -- okay, go

18:05:15 ahead.

18:05:19 >>CHARLIE MIRANDA: Open public hearings, all of them,

18:05:23 Mr. Chairman, Items 1-9, I believe.

18:05:23 >> Second.

18:05:28 >>THOMAS SCOTT: All those in favor signify by saying

18:05:29 aye.

18:05:30 Opposed.

18:05:32 Anyone want to speak to Item Number 7?

18:05:33 Speak to that continuance?

18:05:34 Motion to continue.

18:05:39 >>CHARLIE MIRANDA: So moved October 14, 2010.

18:05:41 >> Second.

18:05:42 >>CHARLIE MIRANDA: Evening session.

18:05:47 >>THOMAS SCOTT: All in favor signify by saying high.

18:05:50 >> You wanted that at 6 p.m. you have 5:00 hearings and

18:05:53 that evening at 6:00.

18:05:54 >>THOMAS SCOTT: Yes, the evening session.

18:05:56 Everybody who will be speaking tonight or talking or

18:05:58 testifying --

18:06:00 >> Mr. Chairman, I believe you have two other items that

18:06:02 are requesting continuances.

18:06:03 >>TOWANDA ANTHONY: Right.

18:06:05 Council, two additional items requesting to be

18:06:05 continued.

18:06:06 They are on the agenda.

18:06:10 It is Item 6, Z10-29.

18:06:13 There was a letter submitted from the petitioner

18:06:16 requesting a continuance to the November 18 public

18:06:24 hearing date and also Item Number 5, Z10-28.

18:06:27 >>THOMAS SCOTT: Those two are requesting continuance?

18:06:28 Anyone from the public wish to speak to any of those

18:06:29 items?

18:06:32 Yes, Mr. Vincent Marchetti.

18:06:34 >> Yes, sir.

18:06:40 Vin Marchetti for the applicant IKEA, Twigg Street,

18:06:41 Tampa.

18:06:43 They are requesting this continuance for sufficient time

18:06:45 to work with neighborhood association and groups all of

18:06:48 whom have expressed a willingness to work with us on the

18:06:51 identified issues we have been talking to them about.

18:06:54 Also I have submitted to D.O.T. a written request for

18:06:58 various potential signage and away finding opportunities

18:07:02 on state roads for IKEA, I believe that D.O.T. may

18:07:05 taking time for response to my request.

18:07:07 Therefore, asking for continuance to November 18.

18:07:10 The only issue here this evening beside that requested

18:07:15 date is it will extend out beyond 180 days.

18:07:18 And in the code, the completion of time period for the

18:07:22 itself, therefore I would ask council for a separate

18:07:25 motion to extend for an additional 30 days that time

18:07:28 limit of 180 in total so we can complete the

18:07:28 application.

18:07:32 Second reading would be some time in December.

18:07:34 >>CHARLIE MIRANDA: So moved, Mr. Chairman.

18:07:36 >>THOMAS SCOTT: Any legal issues with that?

18:07:38 >> No, there isn't.

18:07:39 Miss Cole is here.

18:07:42 The code does require to grant this continuance in order

18:07:45 to make the time frame within the code that you do by

18:07:49 motion and vote grant a waiver to that time period.

18:07:50 >>THOMAS SCOTT: Okay.

18:07:53 So then we need to make a motion for the continuance and

18:07:55 to extend the time period.

18:07:56 >> Two separate motions.

18:07:57 >>THOMAS SCOTT: Okay.

18:07:59 The motion then -- why don't we make a motion -- anyone

18:08:03 else want to speak to Item 5 or 6?

18:08:06 Anyone want to speak -- so why don't we make a motion to

18:08:09 continue Item 5 and 6 under one motion?

18:08:13 >> I believe the people haven't spoken to Item 5.

18:08:16 >>THOMAS SCOTT: I asked for anyone to speak to Item 5

18:08:17 and 6.








18:08:22 >> Can we take them up separately so the item is clear.

18:08:24 >>THOMAS SCOTT: If that is the case, let's finish the

18:08:26 other one before -- Item 6.

18:08:27 Is there a motion to continue?

18:08:30 >>CHARLIE MIRANDA: Mr. Caetano made that motion and I

18:08:32 will second it for continuation and another motion to

18:08:32 change it.

18:08:36 But you got to vote on the first one first.

18:08:39 >>THOMAS SCOTT: Motion and seconded by Councilman

18:08:41 Miranda.

18:08:45 Now a motion to continue for 30 days.

18:08:48 >>YVONNE CAPIN: Motion to continue for 30 days, outside

18:08:49 the 180 day limit.

18:08:50 >>THOMAS SCOTT: Moved and seconded.

18:08:52 Is that clear enough for the record?

18:08:55 >> With regard to the first motion, we need a specific

18:08:57 date and time that it continues to.

18:09:00 >>THOMAS SCOTT: The request is for the November 18 --

18:09:03 so that first motion and request is for November 18, is

18:09:06 that right, Mr. Marchetti?

18:09:07 >> Yes.

18:09:08 >> 6 p.m.

18:09:11 >>THOMAS SCOTT: Evening meeting.

18:09:12 So that's clear.

18:09:13 >> Thank you.














18:09:15 >>THOMAS SCOTT: The motion -- the motion is for the

18:09:18 extension beyond 180 days.

18:09:19 Is there a second to that.

18:09:20 >>CHARLIE MIRANDA: Second.

18:09:23 >>THOMAS SCOTT: All in favor signify by saying aye.

18:09:23 Opposed?

18:09:25 That is Item 6.

18:09:29 Item 5.

18:09:30 Miss Grimes.

18:09:33 >> Gina Grimes with the law firm of Hill, Ward and

18:09:36 Henderson, 101 East Kennedy.

18:09:38 We are requesting a continuance, one-month continuance

18:09:40 to the October 14 meeting.

18:09:42 We would like to meet with the Gulf view civic

18:09:45 association and they could not put us on their agenda

18:09:48 until the end of this month and would like a one-month

18:09:49 continuance.

18:09:51 >>THOMAS SCOTT: Anyone want to speak to the

18:09:51 continuance?

18:09:53 Anyone from the public want to speak to the continuance?

18:09:56 >>CHARLIE MIRANDA: Move to continue to October 14,

18:10:00 2010, 6 p.m., evening meeting, y'all come back.

18:10:00 [Laughter]

18:10:08 >>THOMAS SCOTT: Second.

18:10:12 All -- all in favor signify by saying aye.














18:10:12 [Laughter]

18:10:14 All opposed?

18:10:15 All opposed?

18:10:15 Okay.

18:10:20 Mr. Miranda, thank you, sir, for that wonderful motion.

18:10:21 Okay.

18:10:24 We might get out of here before 8:00.

18:10:27 >>CHARLIE MIRANDA: They want to see the game.

18:10:28 >>THOMAS SCOTT: Okay.

18:10:29 Anyone else?

18:10:30 Any other continuance?

18:10:32 Nobody else want to continue today?

18:10:33 Okay, all right.

18:10:37 Then we will take up -- staff -- let's take this --

18:10:38 swear everybody in.

18:10:40 Everybody that is going to be speaking, testifying,

18:10:45 witnessing, being a witness, stand at this time and be

18:10:46 sworn.

18:10:53 [Swearing In of Witnesses]

18:10:54 >> Mr. Chairman.

18:10:55 >>THOMAS SCOTT: Yes.

18:10:58 >> All written communications relative to tonight's

18:11:00 hearing which have been available for public inspection

18:11:04 at City Council's office be received and filed by

18:11:05 motion.














18:11:07 >>CHARLIE MIRANDA: I would like to hold that motion

18:11:10 until the end so everything is received and file.

18:11:13 We save one motion to save time.

18:11:17 >> Normally Mr. Chairman, with all due respect, Florida

18:11:20 statutes with regard to ex parte communications does

18:11:25 require prior to the vote that those items be filed and

18:11:25 received into the record.

18:11:29 Provide that to council.

18:11:31 >>YVONNE CAPIN: So moved.

18:11:35 >>THOMAS SCOTT: Is there a second?

18:11:36 >> Second.

18:11:38 >>THOMAS SCOTT: All in favor say aye.

18:11:39 Opposed?

18:11:40 Thank you.

18:11:43 Item 1.

18:11:45 >> Good evening, council.

18:11:47 Abbye Feeley, Land Development Coordination.

18:11:49 I have been sworn.

18:11:52 Item number one before you this evening is Tampa General

18:11:56 hospital rehabilitative center we talked about back on

18:11:57 August 12.

18:11:59 August 12, council did make a motion for a continuance

18:12:02 in order for staff to go back to work with the applicant

18:12:06 to address some of the concerns that have been raised at

18:12:06 that public hearing.














18:12:11 What I provided to you this evening is an addendum to my

18:12:13 staff report that goes through some of those issues and

18:12:15 I will go through that in a moment, as well as comments

18:12:19 from Transportation, solid waste, and the revised staff

18:12:22 report by the Planning Commission with a finding of

18:12:25 consistency.

18:12:28 I don't know that Mr. Garcia wanted to speak -- do you

18:12:30 want to speak to your staff report?

18:12:31 I am sorry.

18:12:32 After I get done, okay.

18:12:34 Sorry.

18:12:47 Let me quickly go through where we are today.

18:12:49 I think what I will do quickly since I am not sure that

18:12:52 everyone in the audience here is familiar with this

18:12:53 project.

18:12:55 I will just go through the zoning atlas real quick to

18:12:58 relate us to where we are in the city and I will go back

18:13:03 to my addendum.

18:13:06 This is the zoning atlas.

18:13:08 This is Kennedy Boulevard to the South, Oregon to the

18:13:13 west, Willow to the east and North B street to the

18:13:15 north.

18:13:18 Here is an aerial.

18:13:19 Again, same boundaries.

18:13:27 The old Furman car sales lot.














18:13:32 I would like to take the opportunity to thank City

18:13:34 Council for their support and also to thank Tampa

18:13:38 General hospital for their coordination in working on --

18:13:39 on this project as we went back.

18:13:43 I do think we have come back with a far -- far better

18:13:47 project then -- then when we were here the first time.

18:13:49 A couple of items that staff had raised that I would

18:13:51 like to go back through and show you how those items

18:13:53 have been addressed.

18:13:56 The first under my memorandum on Page 1 was building

18:14:00 location, surface parking along Kennedy Boulevard.

18:14:05 As you know -- that staff, the Planning Commission,

18:14:08 urban design, Land Development Coordination, we have

18:14:10 some issues with how the Kennedy Boulevard overlay was

18:14:14 being addressed through this project, as well as how

18:14:19 consistent with the comprehensive plan for these major

18:14:20 corridors were being addressed.

18:14:25 What I did was went ahead and cut out just the layout

18:14:28 from the original plan, and I also have the layout from

18:14:36 the proposed plan which you can see that Mr. Mechanik

18:14:41 and his team has already set up this evening.

18:14:47 This was the original application that had come in, and

18:14:53 I did highlight the area of the surface parking that was

18:14:56 two and a half acres in the front there.

18:14:58 These buildings to the west and east were at 130 feet














18:15:00 apiece.

18:15:04 The seven-level garage at the back was at 80 feet.

18:15:07 There had been points in the presentation where they had

18:15:10 referred to green roofs or things that were not being

18:15:12 shown on the site plan.

18:15:19 The site plan today, what we have worked with the

18:15:22 applicants in the area in front that was previously the

18:15:25 surface parking, there is no longer any surface parking

18:15:30 in this area and what they have created is a plaza and

18:15:34 boulevard that is going to be adjacent to Kennedy, as

18:15:39 well as like a grand entry way into the building.

18:15:43 So this plaza that I pointed out in green here, we have

18:15:46 added notes on the plan that at any time vertical

18:15:48 construction occurs on the property, that this plaza

18:15:52 will be completed in conjunction with the buildings that

18:15:55 are going to be taking place on-site and will be

18:15:59 completed prior to certificate of occupancy for any of

18:16:00 those buildings.

18:16:02 So that will ensure us that we will get an activation

18:16:07 along Kennedy in a way consistent with the Kennedy

18:16:08 overlay.

18:16:12 In addition, structured parking has been added to the

18:16:14 two front buildings.

18:16:17 Three stories of structured parking which resulted in

18:16:20 the lowering of the garage at the back.














18:16:23 It went from seven stories down to five stories, with a

18:16:25 maximum height of 60 feet.

18:16:28 The two buildings along Kennedy got a little bit more

18:16:33 expansive, as far as frontages and also increase from

18:16:37 130 feet to 165 feet in order to accommodate those

18:16:38 garages.

18:16:42 In addition, the areas shown here to you in yellow are a

18:16:45 commitment to have an activation along the street as a

18:16:49 Commercial, retail or office use.

18:16:52 To flip back previously, those were really just sides

18:16:55 buildings with some outdoor pedestrian activity area.

18:16:59 This will actually activate those areas and still retain

18:17:02 that outdoor pedestrian activity, which is shown to you

18:17:16 in orange the other two plaza areas will be constructed

18:17:17 later on.

18:17:19 We were more I think concerned with the priority of the

18:17:20 Kennedy area.

18:17:24 So dependent on the programming on-site for their

18:17:28 construction, those -- those will come on line either

18:17:33 simultaneously or at a later time.

18:17:35 We just made sure -- so that was on the building

18:17:37 location and surface.

18:17:39 We have addressed those items.

18:17:44 In addition, there were notes added for the activation

18:17:46 for those areas.














18:17:50 They committed to connect these areas to the public

18:17:53 sidewalk along Kennedy and present them with pedestrian

18:17:56 amenities, trees, benches, tables, lighting, shaded

18:18:00 areas and trash receptacles and also a commitment that

18:18:04 this will be reviewed by the urban design coordinator at

18:18:07 the time of schematic design which would be 50%, and

18:18:10 then at the time of prior to final construction.

18:18:13 So this would give them two periods to come in, meet

18:18:17 with Mr. Callahan on what that activation is going to

18:18:19 include, and have some opportunity to work on those

18:18:23 things through the process.

18:18:27 Staff did find that the removal of the surface parking,

18:18:29 the commitment for the integration of those active uses,

18:18:33 the Commercial, retail and office uses as well as first

18:18:35 floor on Kennedy Boulevard and the creation of the plaza

18:18:39 area combine to meet the intent of the Kennedy overlay.

18:18:43 There is a finding of consistency by Mr. Callahan in --

18:18:45 in your package as well.

18:18:50 The building massing, the garage along North B as I

18:18:53 previously stated, was reduced to five stories at the

18:18:57 maximum height of 60 feet, and also that is going to be

18:19:03 treated, which you can see it down on the bottom corner

18:19:16 but I can put up on the site for you.

18:19:19 There is a commitment on the plan to have a treatment

18:19:24 either green or a faux facade dependent on when they get














18:19:26 into actual design of the building to treat that in a

18:19:32 way that it will have the opacity and will not appear as

18:19:37 a garage, so to soften that edge that is facing North B

18:19:40 Street.

18:19:43 Another point of discussion we talked about was on the

18:19:46 -- on-site tree retention and the required planting.

18:19:50 There was a waiver to allow for plantings to occur

18:19:55 off-site, and there are 402 inches that need to be

18:19:57 accommodated.

18:20:00 With these new areas, there is going to be a lot greater

18:20:02 opportunity for planting on-site.

18:20:06 A note of commitment that a minimum 4-inch versus the

18:20:09 traditional 2-inch that the city requires for plantings

18:20:11 was also placed on the site plan so we will have larger

18:20:15 caliper trees going in at the time to accommodate some

18:20:17 of those plantings.

18:20:20 So where we are today, we have a couple of items that

18:20:24 are left, and the pages of technical issues that came

18:20:26 before you the first night, the majority of those have

18:20:29 been cleared up through the revised plan.

18:20:33 The -- last, we have three outstanding items that I

18:20:34 would like to go over those.

18:20:39 Someone is a note related to potential development of

18:20:40 the site as CI.

18:20:45 It is -- has -- CI and IG zonings today and under the














18:20:48 first application they also sought to retain those

18:20:51 rights should this project not move forward to be able

18:20:54 to develop under CI which is consistent with the

18:20:54 comprehensive plan.

18:20:57 We just had wording that needed to be revised there.

18:21:00 That's that first bullet, the second is that the current

18:21:05 site plan did not show those green roofs on the lodge

18:21:09 building and the office buildings coming all the way

18:21:12 around, and then I also see that on the north side of

18:21:16 the rehab building, it currently shows that the green

18:21:18 roof wraps all the way around, but the diagram before

18:21:19 you doesn't.

18:21:23 So we need to get those two things lined up.

18:21:27 And lastly was a note from solid waste related to

18:21:29 dumpster enclosures.

18:21:31 Should they be allowed to have them on-site.

18:21:34 It has a technical standard which needs to be added to

18:21:36 the specifications on the site plan.

18:21:40 With that being said, staff found it consistent.

18:21:44 Thank you.

18:21:48 >>THOMAS SCOTT: Go ahead.

18:21:52 Abbye, can I ask you one question.

18:21:53 >>ABBYE FEELEY: Sure.

18:21:56 >>MARY MULHERN: The building frontage the first floor

18:21:57 going to be retail or Commercial?














18:22:02 It will not be parking on the first level?

18:22:04 Is it going to be parking on the first level?

18:22:06 >>ABBYE FEELEY: It appears that a portion of the garage

18:22:09 may come up that front, but they could build out that

18:22:11 portion on the first floor to be retail Commercial.

18:22:14 You will see it kind of dotted line on your site plan

18:22:15 there.

18:22:28 Do you want me to put it up here?

18:22:34 All right, here you will see that little dotted line.

18:22:38 Brings that Commercial retail office use all the way in

18:22:41 front of the building along Kennedy and this green

18:22:44 roofed area back here the garage would pick up behind it

18:22:46 and it is the same on both structures.

18:22:48 >> Okay, it is commercial.

18:22:52 It is not the -- facing on Kennedy will not be garage on

18:22:54 the first floor.

18:22:55 >>ABBYE FEELEY: Correct.

18:22:57 >>MARY MULHERN: Thanks.

18:22:58 >>ABBYE FEELEY: Structurally the garage may come down

18:23:01 but the use on the front of that will not be.

18:23:02 >>THOMAS SCOTT: We gotcha.

18:23:03 Thank you.

18:23:06 Mr. Garcia, Planning Commission.

18:23:08 >>TONY GARCIA: Very briefly just a couple of comments,

18:23:10 Mr. Chair, if you will indulge me.














18:23:11 Tony Garcia, Planning Commission staff.

18:23:13 I have been sworn in.

18:23:15 I think miss Feeley did a good job making her

18:23:18 presentation and helping the applications by making half

18:23:20 of their presentation for them on this.

18:23:23 But what I really wanted to tell you was this.

18:23:26 We appreciate Council's listening to this project for a

18:23:29 long time the last time we had this hearing, and also

18:23:33 you directing the applicant to please come back and be

18:23:34 thoughtful about something.

18:23:36 We really appreciate that.

18:23:39 We appreciate that because by doing that, we are not

18:23:44 compromising the integrity of the Kennedy overlay or the

18:23:46 comprehensive plan which is very, very important which

18:23:46 we all know.

18:23:48 We appreciate that very much.

18:23:51 What that will result in now is it is really going to be

18:23:53 a project that we can all be proud of and that the City

18:23:57 of Tampa will be proud of from decades to come.

18:23:59 We appreciate the applicant doing that and reaching out

18:24:01 to the City of Tampa.

18:24:02 Thank you.

18:24:03 >>THOMAS SCOTT: Yes, sir.

18:24:05 >> Mr. Chairman, councilmembers, Mike Callahan, urban

18:24:06 design.














18:24:09 I just would like to echo that comment.

18:24:12 We really want to thank you for upholding the design

18:24:12 standards.

18:24:14 We worked hard with the applicant on this, and I think

18:24:16 we reached a very good solution.

18:24:19 Also want to thank and acknowledge the willingness of

18:24:22 Tampa General in working with us and especially their

18:24:23 consultants.

18:24:24 We think it is a very good solution.

18:24:27 I ask that you approve this plan tonight.

18:24:27 >>THOMAS SCOTT: Okay.

18:24:31 Thank you.

18:24:35 Come on down.

18:24:36 Mr. Mechanik.

18:24:40 >> Thank you, Mr. Chairman, my name is David Mechanik,

18:24:44 305 South Boulevard, Tampa, Florida, here on behalf of

18:24:45 Tampa General.

18:24:49 We have just a couple of brief comments we would like to

18:24:50 make to you.

18:24:53 First, I wanted to confirm on the record that the three

18:24:57 revisions to the notes that Abbye mentioned we are in

18:25:00 agreement with those and those are ones that can be made

18:25:04 between first and second reading should council move to

18:25:07 proceed this evening with first reading.

18:25:12 Secondly, I have with me this evening, I neglected to














18:25:18 mention, Mr. Ron Hightoff, President and CEO of Tampa

18:25:22 General and Miss Dena Nelson, Chief Operating Officer of

18:25:23 Tampa General.

18:25:27 And at this time I would like to ask the architect Carl

18:25:31 Bears to describe to you in visual terms what changes we

18:25:34 have made so council can see those.

18:25:36 >>THOMAS SCOTT: Okay.

18:25:42 >> Good evening, Carl Bears, HTF Architects.

18:25:44 I have been sworn in.

18:25:46 Thank you for having us back again.

18:25:49 Promise we won't go until 1:30 in the morning.

18:25:51 I want to echo how much we have enjoyed working with

18:25:52 staff.

18:25:56 A collaborative process and we will quickly run through

18:25:59 a couple of changes in a visual way on the boards.

18:26:02 Is this -- can you guys hear me?

18:26:04 Probably actually the rendering is the best thing to

18:26:04 refer to.

18:26:08 Can you guys see that okay from where you are at?

18:26:11 The garage piece that we talked about moving underneath

18:26:15 the buildings enables the parking garage which is back

18:26:15 here.

18:26:17 You can see is much lower now.

18:26:20 That parking has now been transferred to the buildings

18:26:22 that it is associated with.














18:26:26 And one thing to notice, we are -- I wanted to confirm

18:26:29 for council that we are committing to that Commercial

18:26:30 space along the base.

18:26:35 We are also showing glass much like would you see in

18:26:35 downtown buildings.

18:26:39 So you won't see a parking garage along Kennedy avenue.

18:26:42 It is going to look like a building, start of like our

18:26:45 building, 100 North Tampa.

18:26:46 It is a garage and looks like a building.

18:26:49 One thing of note that will really add a lot of benefit

18:26:50 to the street.

18:26:53 Of course the park and the boulevard that Abbye talked

18:26:55 about in removing the parking.

18:26:58 I think going to 4-inch trees is going to make a huge

18:27:01 difference, because they are more than twice as big,

18:27:04 even though the trucks are twice as big, the head part

18:27:06 of the tree is like three or four times as big.

18:27:10 So it is going to make a more dramatic impact.

18:27:13 And we have committed to doing green roofs, and they are

18:27:17 shown in the rendering and we will make sure that the

18:27:21 notes as Dave Mechanik mention suggest that.

18:27:24 And that will give a beautiful view for the people in

18:27:26 those buildings and also from other buildings looking

18:27:27 around.

18:27:30 We talked about the green screen.














18:27:35 It is still our intent to create a vibrant, urban edge

18:27:36 along Kennedy.

18:27:39 You may remember this rendering from last month.

18:27:41 It had a few little tweaks for the things that we agreed

18:27:45 to, but our hope is that things like restaurants or

18:27:49 coffee shops, that sort of thing may animate the street.

18:27:52 We can't control that but our hope is that those starts

18:27:56 of tenants will operate the front half.

18:27:58 With that I think we covered most of the changes that

18:27:59 have been noted.

18:28:03 The building widths and the height of the garage and

18:28:06 everything else is -- is pretty much as we talked about

18:28:06 before.

18:28:06 >> Okay.

18:28:07 Thank you.

18:28:10 >> Thank you very much.

18:28:12 >> Mr. Chairman, we have nothing further, but we will be

18:28:13 happy to answer any questions.

18:28:16 >>THOMAS SCOTT: Well, let me just thank you, Mr.

18:28:21 Mechanik, and thank all of your partners, Tampa General,

18:28:25 for going back and coming back with a much better plan

18:28:27 that we can embrace and support.

18:28:31 We are indeed -- this is a great project for this

18:28:31 community.

18:28:34 It is a great project for -- for Kennedy Boulevard.














18:28:43 And I am sure that you will get a unanimous vote tonight

18:28:47 based on what I think we have seen thus far and the

18:28:48 presentation.

18:28:49 I want to say thank you.

18:28:52 I think I was the most vocal one last time, but thank

18:28:54 you very much for your cooperation.

18:28:56 >> Thank you very much, Mr. Chairman.

18:28:58 >>THOMAS SCOTT: And your staff to make sure we kept the

18:29:00 Kennedy overlay intact.

18:29:03 Any questions from council, anything else?

18:29:05 Anyone from the public wish to speak to public in

18:29:06 opposition.

18:29:07 If you are in opposition.

18:29:10 If you are in support, you really don't need to speak

18:29:11 unless you just got to speak.

18:29:14 You just have to speak.

18:29:15 [Laughter]

18:29:17 >> Mr. Shelby asked me to state for the record that I

18:29:19 was sworn in.

18:29:31 Dave Mechanik.

18:29:32 >> Good evening, Council.

18:29:33 I have not been sworn.

18:29:36 I just walked in.

18:29:44 >>THOMAS SCOTT: Anyone else?

18:29:47 >> Stand and raise your right hand.














18:29:52 [Swearing In of Witnesses]

18:29:53 >> I do.

18:29:55 Again, good evening, Council.

18:29:59 I am Robert Balen, President of the North Hyde Park

18:30:03 Civic Association, and I want to just give you an

18:30:09 overview or an idea as to what and where I represent the

18:30:12 members of this city.

18:30:18 To the South side of Kennedy, to the South side of

18:30:24 Interstate 275 or to Laurel, north and South boundaries.

18:30:31 Our east and west boundaries are Willow over to Armenia.

18:30:37 And we service that entire community with all of their

18:30:40 problems, and tonight I am here because this is not a

18:30:45 problem but a good moment.

18:30:48 First I want to tell that we were in a meeting with the

18:30:52 Tampa General staff on the 13th of this week.

18:30:55 And they showed us all the changes.

18:31:01 And those changes that they went over with us, 100%

18:31:05 agreeable with our board and some of the residents who

18:31:09 were at that meeting.

18:31:11 There are one or two questions or things that we would

18:31:13 like to see and would like them to answer and give us

18:31:15 some kind of insight on.

18:31:18 I will start with the first one, and it has to do with

18:31:23 the hiring policy if you might be able to work this so

18:31:26 people could be hired from our own community.














18:31:28 We are not saying set aside anything that might be

18:31:31 different from EEOC or what the regular practices are,

18:31:35 but we want -- we want to be treated fairly, and we

18:31:38 would like for them to look in our community first.

18:31:43 The second is the building at North B.

18:31:49 As I understand it, the setback from the wall back to

18:31:56 the South side of the sidewalk, that will have flowers

18:31:58 and trees in it.

18:32:01 However, looking on the north side of the sidewalk to

18:32:06 the crown of the street, all we can see is grass.

18:32:08 What we are concerned about is the people who are

18:32:14 parking there at this moment are people who park there

18:32:15 from the mosque.

18:32:17 And those folks are certainly going to wear down

18:32:20 anything that is not concrete made in there.

18:32:24 And we definitely will hate to see a bunch of hard rocks

18:32:29 brought in there and tried to cover up the -- the

18:32:32 structure that is done by them parking there.

18:32:38 We will like to suggest that from the north side of the

18:32:42 sidewalk until -- into the edge of the street, that that

18:32:49 portion of the -- be concrete instead of hard rocks.

18:32:54 If that is done, we are 100% behind the plan.

18:33:02 I talked with the pastor over at mount -- and he told me

18:33:04 they have already purchased property in another

18:33:07 neighborhood, and they will be leaving the community as














18:33:09 soon as they sell that property.

18:33:12 When I first came to you, I talked to you about the

18:33:16 Commercial area and also the single dwelling.

18:33:19 There has not been a single dwelling built in that

18:33:22 community in 42 years, and I have been in that community

18:33:23 for 41.

18:33:24 [Buzzer]

18:33:26 Everything that you see there are commercial.

18:33:27 >>THOMAS SCOTT: Okay.

18:33:34 >> And that is why we are going to say, would you please

18:33:38 let this -- total loss of words.

18:33:41 What I am trying to tell you is we would appreciate it

18:33:44 if you would allow the PD to be in their favor.

18:33:45 >>THOMAS SCOTT: Okay.

18:33:48 All right.

18:33:51 Council has no authority to direct them to hire within

18:33:53 the community.

18:33:56 That is something you have to work out with them, so

18:33:57 forth.

18:34:00 I do know that they have a policy that is relative to

18:34:03 the WMBE for construction and for whatever business they

18:34:06 do, so I am aware of that.

18:34:10 So -- but we can not direct them tonight to go and hire

18:34:11 from within the community.

18:34:14 But you can certainly talk with them, and they will meet














18:34:14 with you on that.

18:34:18 And in terms of the other issues, I don't know how that

18:34:22 will affect in terms of the concrete and you will have

18:34:24 to meet with them and staff and make sure that it

18:34:26 complies with what is required.

18:34:28 Okay.

18:34:29 Yes?

18:34:31 >> If I may, Chairman Scott, the area they are referring

18:34:33 to is actually city right-of-way.

18:34:35 >>THOMAS SCOTT: Oh, okay.

18:34:37 >>ABBYE FEELEY: Which I don't believe, you know, we

18:34:40 typically -- we can't let the developer have -- do

18:34:41 anything in the right-of-way.

18:34:42 That is city right-of-way.

18:34:47 But we would need to get -- to take care of that I am

18:34:50 sure through the process with public works that that

18:34:51 area will be reviewed.

18:34:55 Right now it is grass, and they are parking there, and

18:34:56 they are parking on the right-of-way.

18:35:00 So it becomes more of an enforcement issue for the city

18:35:02 rather than an obligation for the developer.

18:35:09 >>THOMAS SCOTT: Thank you for that clarification.

18:35:10 I saw Transportation get up.

18:35:14 Do you need to speak?

18:35:17 >> Melanie Calloway, Transportation.














18:35:20 I have been sworn.

18:35:24 This is looking east.

18:35:28 And you can see that there is -- like he had described,

18:35:30 there is grass -- I actually have an aerial.

18:35:32 I don't know if you can see it.

18:35:37 There are some vehicles parked right here.

18:35:41 I don't know if you can see it.

18:35:45 But as far as -- I don't recommend any kind of hard

18:35:46 scape.

18:35:49 Maybe they can consider planting -- if trees are

18:35:52 planted, there has to be a maintenance agreement with

18:35:54 the city, because it is in city right-of-way, I don't

18:35:56 know if they are going to be willing to do that.

18:35:59 I think I would be looking more at something that would

18:36:02 actually work there but not hard scape due to the fact

18:36:05 there is no raised curb.

18:36:08 We need some type of recovery area, at least a minimum

18:36:09 two and a half feet.

18:36:12 Any type of hard scape to protect pedestrians.

18:36:15 We -- encouraging people to park on the right-of-way

18:36:18 when we are trying to put any kind of parallel space

18:36:20 there is, so I just wanted you to know that.

18:36:24 >> Thank you.

18:36:26 >>THOMAS SCOTT: Thank you very much.

18:36:30 You all can get together and work on all that stuff.














18:36:36 >>MARY MULHERN: Miss Calloway -- or Abbye can answer

18:36:36 this.

18:36:39 This is a huge, major development to do this.

18:36:42 Wouldn't it be a good time to think about putting some

18:36:43 parking there?

18:36:45 Parallel park something in is that -- is there a problem

18:36:49 with not being enough space?

18:36:51 >>THOMAS SCOTT: She said she don't recommend, but

18:36:53 anyway --

18:36:55 >>MARY MULHERN: You don't recommend this?

18:36:59 >> Melanie Calloway, Transportation.

18:37:02 It becomes a maintenance issue for the City of Tampa if

18:37:05 we were to put in parallel spaces, and the question then

18:37:08 becomes, is the city paying to put in these space as

18:37:10 soon as is the developer putting in these spaces?

18:37:12 I mean, these -- and this is outside of the scope of

18:37:14 this rezoning.

18:37:17 To require them to place in parallel spaces.

18:37:20 >>MARY MULHERN: Where does the right-of-way -- the city

18:37:22 right-of-way start when looking at that picture you are

18:37:25 showing us right now?

18:37:27 On the north side?

18:37:29 At the fence?

18:37:31 >> Spill try -- it is hard to see -- I can see it, but

18:37:35 it is this line right here is the property line.














18:37:39 So you can see there -- there is quite a bit of

18:37:41 right-of-way.

18:37:43 Close to the property line right there.

18:37:44 >>MARY MULHERN: Okay.

18:37:46 So all of that is city?

18:37:47 >> That's correct.

18:37:48 >>THOMAS SCOTT: Okay.

18:37:49 Thank you.

18:37:51 >>MARY MULHERN: Well we can't direct staff or the

18:37:56 developer, but we can encourage them to at least work on

18:37:59 the hiring practices and talk to them.

18:38:03 Or reassure us about that.

18:38:04 >>THOMAS SCOTT: Yes, sir.

18:38:06 Next speaker.

18:38:09 >> Benjamin Buckley, City of Tampa, I am the Vice

18:38:13 President of the north Hyde Park civic association.

18:38:17 I am really glad that everybody got together.

18:38:20 It sounds like this project is going to be a go.

18:38:22 And if I -- I would like to thank everybody for working

18:38:24 on this real hard.

18:38:29 The staff and Tampa General and City Council, I hope you

18:38:33 all vote on this and approve it, and the other thing, I

18:38:36 -- Bob Allen, he is our President, I have known Bob

18:38:38 Allen for 30 years.

18:38:39 He has worked in the neighborhood.














18:38:43 He has been the President of the civic association.

18:38:45 He has worked very hard on this.

18:38:47 He always worked very hard in the neighborhood.

18:38:50 I just wanted everybody to recognize who he is.

18:38:54 Second, the other thing, I would hope that the city in

18:38:58 the future on projects considers and makes more

18:39:03 accommodation for contractors or workers and business

18:39:11 people in the city to take advantage of first basis or

18:39:14 whatever to work on these projects.

18:39:17 As a former City of Tampa building inspector, I recall

18:39:22 one job on Rocky Point where we -- I had worked on it

18:39:25 personally and we caught a contractor over there with no

18:39:29 state license doing about 2 Million worth of work.

18:39:32 And I know the city collected, I believe, about $10,000

18:39:37 in fines, and that contractor was ejected out of the

18:39:40 city, but I would -- I think we need to be real careful

18:39:43 about who works in this city, and I encourage the

18:39:48 council to perhaps make some kind of effort to make sure

18:39:52 we don't have outside people that are unqualified

18:39:54 working in our city.

18:39:57 And I hope you all pass this.

18:39:58 Thank you.

18:39:59 >>THOMAS SCOTT: Thank you very much.

18:40:00 Okay.

18:40:03 Anything else from the applicant?














18:40:03 Okay.

18:40:06 >>CHARLIE MIRANDA: Move to close.

18:40:06 >>JOSEPH P. CAETANO: Second.

18:40:09 >>THOMAS SCOTT: Moved and seconded.

18:40:13 In all favor signify by saying aye.

18:40:18 >>THOMAS SCOTT: Councilman Miranda.

18:40:19 >>CHARLIE MIRANDA: Thank you Mr. Chairman.

18:40:25 Move an ordinance for first reading 1307 West Kennedy

18:40:29 Boulevard, and 109 north Willow Avenue portion west of

18:40:34 Willow Avenue from CI Commercial intensive and ig,

18:40:40 industrial general to PD, hospital, hotel, motel,

18:40:46 nursing facility, college and all CI us as providing an

18:40:48 effective date.

18:40:48 >> Second.

18:40:49 >>THOMAS SCOTT: Moved and seconded.

18:40:54 Seconded by councilwoman Mulhern.

18:40:59 All those in favor signify by saying aye.

18:41:01 >> Passes with Miller being absent.

18:41:04 Second reading October 7, 9:30.

18:41:07 >>THOMAS SCOTT: Thank you very much from Tampa General

18:41:12 and Mr. Mechanik.

18:41:13 Thank you.

18:41:22 >>CHARLIE MIRANDA: Thank you.

18:41:24 Good to see you.

18:41:27 You look great in pink.














18:41:28 >>THOMAS SCOTT: Thank you.

18:41:31 Item 2.

18:41:35 >>JOSEPH P. CAETANO: Nobody left at the --

18:41:43 >>CHARLIE MIRANDA: Going to the game.

18:41:48 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

18:41:50 Application z10-31.

18:41:56 The property address is 3410 and 3412 West Fielder

18:41:56 Street.

18:41:59 They are requesting to rezone from rs-50 residential

18:42:02 single-family to PD planned development.

18:42:05 Council, there is an area-wide rezoning.

18:42:10 It consistency of two platted lots that measure 50 x

18:42:12 90.74.

18:42:16 And they are requesting to rezone the PD to create two

18:42:24 legal buildable lots.

18:42:26 >>TONY GARCIA: Good evening, again, Council, Tony

18:42:28 Garcia, Planning Commission staff.

18:42:34 I have been sworn in.

18:42:38 The site of this particular rezoning is in the South

18:42:39 Tampa planning district.

18:42:42 This district offers opportunities for infill

18:42:44 developments, opportunities for development and

18:42:46 redevelopment are limited in the South Tampa planning

18:42:50 district but does offer up opportunities as I said

18:42:55 before for infill development.














18:42:59 Here is an aerial of the site to give you a little bit

18:43:00 perspective.

18:43:03 This is located just north of Gandy Boulevard.

18:43:06 This is the Bayshore Neighborhood Association.

18:43:10 This is located to the west of Gandy Boulevard and Himes

18:43:12 Avenue.

18:43:16 Basically the applicant is asking for lot split to be

18:43:20 able to go develop two single-family homes, the

18:43:22 character is varied as it deals with the residential

18:43:23 character.

18:43:25 There are a variety of different housing types and

18:43:28 styles and even a little enclave on this particular

18:43:31 street -- farther up the street that you can see over

18:43:31 here.

18:43:35 You have the little circle that is created in a normal

18:43:38 gridded street up here and houses of varying sizes on

18:43:41 various -- on lots of various widths.

18:43:46 The land use category for this particular area is

18:43:49 residential 10, which allows single-family detached use

18:43:53 So as this is in character with the residential

18:43:54 character of this particular area.

18:43:56 Planning Commission found the proposed request

18:43:57 consistent with the comprehensive plan.

18:43:58 >>THOMAS SCOTT: Okay.

18:44:06 Thank you.














18:44:11 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

18:44:13 No waivers requested.

18:44:17 I will show you pictures of the site.

18:44:20 Starting with an atlas.

18:44:24 Here are the two parcels, the green hatched area as Tony

18:44:28 stated approximates a residential community zoned RS-50.

18:44:40 There is one PD to the north.

18:44:45 Here is the aerial of the site up -- avenue to the South

18:44:46 with Himes Avenue to the west.

18:44:55 And here is the property abutting Fielder Street.

18:44:57 Here is a picture of the site.

18:45:01 This is the existing structure.

18:45:04 Again, Council, it is two parcels.

18:45:15 And this is the vacant lot to the west.

18:45:19 Here is a view looking west, and this is adjacent to the

18:45:22 vacant parcel.

18:45:25 Here is a view looking east adjacent to the existing

18:45:29 single-family structure.

18:45:33 Here is looking across the street to the north.

18:45:44 And here is a view looking west.

18:45:47 Council, the applicant is proposing to rezone the

18:45:53 properties located at 3410 and 3412 West Fielder Street

18:45:57 from RS-50 residential single-family to PD planned

18:46:01 development to allow for two single-family detached

18:46:04 dwellings.














18:46:09 The subject property currently do not miss the RS-50

18:46:13 zoning district minimum lot standards of 5,000 square

18:46:17 feet, the PD plans to focus to re-establish the minimum

18:46:22 lot size 50 x 91 and allow the properties to develop in

18:46:31 accordance with the RS-50 zoning standards.

18:46:35 The request before us is part of the oak -- subdivision

18:46:38 which was platted 1911 with lots that measured

18:46:45 50 X 90.74 feet with the exception of corner lots.

18:46:50 The lots within this area have been developed as single

18:46:53 platted lots with an area of less than 5,000 square feet

18:46:56 and have remained in single separate ownership and are

18:47:00 considered legal lots of record or legal buildable lots.

18:47:03 Given that the subject properties were once joined

18:47:06 together as a single zoning lot, it requires the

18:47:10 rezoning to PD to allow for the lots to become legal

18:47:16 conforming lots.

18:47:20 Again, they must comply with all RS-50 single family

18:47:24 zoning standards, and they are seeking to establish the

18:47:34 subject properties as conforming zoning lots.

18:47:34 Any questions, Council?

18:47:39 >>THOMAS SCOTT: Any questions?

18:47:41 >>YVONNE CAPIN: It doesn't meet because of the depth,

18:47:44 correct?

18:47:48 But the frontage is 50 foot?

18:47:50 >>TOWANDA ANTHONY: They have this standard amount of














18:47:52 front age that is required but they don't need that for

18:47:53 the requirement.

18:48:00 And several lots in the area are platted this way.

18:48:07 >>YVONNE CAPIN: Okay.

18:48:09 >>TOWANDA ANTHONY: Council, I would like to show the

18:48:16 development trend in the area.

18:48:17 This is a map.

18:48:23 Here are the two subject properties in green.

18:48:26 Consistent of the conforming lots in the area, the red.

18:48:31 And it is and equates to 41% of the neighborhood.

18:48:35 The blue are nonconforming zoning lots, and it

18:48:44 represents 89% of the oak subdivision.

18:48:48 You can see the majority of the lots were platted 50 x

18:48:54 94 nonconforming.

18:49:00 >>CHARLIE MIRANDA: That is 135% of something.

18:49:04 >>THOMAS SCOTT: You said 41% and 89%?

18:49:06 Oh, 59%.

18:49:08 >>TOWANDA ANTHONY: 59%.

18:49:10 >>CHARLIE MIRANDA: Did you that to see if we were

18:49:11 awake.

18:49:15 >> We just didn't read it but it says 59 on there.

18:49:19 Sorry.

18:49:20 >>TOWANDA ANTHONY: Are there any additional questions,

18:49:23 council?

18:49:25 >>THOMAS SCOTT: Petitioner?














18:49:27 Petitioner?

18:49:28 Is the petitioner here?

18:49:28 Okay.

18:49:33 >> Hi, mark Manuti, and I have been sworn in.

18:49:35 And it appears the only issue here is that they were

18:49:38 originally platted -- this lot was originally platted

18:49:44 100 x 91 and it was split making two 50 x 91 lots.

18:49:45 It wasn't done properly.

18:49:49 And we are just asking to rezone this legally so it does

18:49:54 conform with the consistent pattern in the neighborhood.

18:49:56 >>THOMAS SCOTT: okay.

18:49:58 Anyone from the public wish to address council on this

18:50:00 rezoning?

18:50:06 You can be seated, sir.

18:50:08 Anyone wish to address council may come forward?

18:50:09 Yes, go ahead.

18:50:12 >> My name is Se Lyon.

18:50:15 For many years I was President of the Bayshore beautiful

18:50:18 homeowner association, but I am speaking as a individual

18:50:20 tonight, and I wish to object to the granting of an

18:50:24 area-wide rezoning on this property.

18:50:27 This is not a simple rezoning from residential to PD.

18:50:29 This is an area rezoning.

18:50:33 The only reason I know to request an area-wide rezoning

18:50:38 is that one of the parties is not asking for the














18:50:39 rezoning.

18:50:42 It is just one -- the vacant lot that is asking for the

18:50:45 rezoning.

18:50:49 When these lots were split up -- I don't know if this is

18:50:52 the same owner or not, but they were advised by Gloria

18:50:59 Moreda at the time they would become two nonconforming

18:51:03 lots and not buildable lots at that time.

18:51:08 The area is going to a larger homes.

18:51:11 They are tearing down the old homes and building great

18:51:11 big houses.

18:51:15 So it is conceivable that somebody could build a lovely

18:51:17 home there.

18:51:23 And the 50-foot X 90 is difficult to build a house that

18:51:26 would -- would sell in this area unless you really

18:51:31 pushed them to the max.

18:51:35 So I would like to object to it.

18:51:41 And while I got a minute, I want to tell you a story.

18:51:45 Long time ago -- and they told me I can't use this as

18:51:48 substantial competent evidence, so you just listen to

18:51:51 the story.

18:51:55 Years ago, they asked the VRB to remove a grand tree and

18:51:58 the VRB turned them down.

18:52:04 Well, suddenly a fence went up in front of the area.

18:52:10 And suddenly this lovely grand oak died.

18:52:14 So when they went to build the house, we found out it is














18:52:16 still not a buildable lot.

18:52:20 So, you know, years later, they are here in front of you

18:52:21 to do it.

18:52:26 We can't use the fact that the tree was killed as

18:52:26 evidence.

18:52:32 But the other evidence is it is not big enough lots to

18:52:35 build on in this area and make money continue to.

18:52:38 And that's what everybody is looking for.

18:52:40 So I appreciate your time.

18:52:40 >>THOMAS SCOTT: Thank you.

18:52:43 Okay.

18:52:45 >>MARY MULHERN: Sue, can I ask you a question before

18:52:46 you sit down?

18:52:47 >> Yes.

18:52:49 >>MARY MULHERN: I am trying to understand the -- the

18:52:53 fact that there -- that the other lots -- that all of

18:52:58 those lots that are nonconforming, do you know from your

18:53:01 perspective and Abbye can answer this if you can't.

18:53:07 Is it for the same reason because of that depth being --

18:53:12 >> No, changed the zoning a long time ago, back before

18:53:14 you were born.

18:53:17 As long as you stayed with one lot and it was

18:53:26 nonconforming, it's okay.

18:53:28 But these people have two lots and they considered it

18:53:32 one lot and they broke it up, it became nonconforming.














18:53:35 As long as you had a 50-foot lot 90 feet deep.

18:53:38 You could have that lot and build on it and do anything

18:53:39 you wanted.

18:53:42 It was cool, but if you took a big lot and split it in

18:53:45 half, it didn't work.

18:53:46 >>MARY MULHERN: One lot?

18:53:50 >> This was one lot up to about -- I don't know exactly

18:53:52 when I -- I am thinking six years ago.

18:53:54 And they split it up.

18:53:57 And when they did it, Gloria said that is not a

18:54:00 buildable lot.

18:54:03 And so that's the reason they are coming to you is

18:54:07 because they split that lot, and that's not a buildable

18:54:09 lot.

18:54:12 >>MARY MULHERN: Okay.

18:54:18 >>MARY MULHERN: Abbye wants to give me her -- thanks.

18:54:22 >>ABBYE FEELEY: Abbye Feeley, Land Development.

18:54:25 Miss Lyon is right, lots were 1911 prior to any

18:54:27 rezoning.

18:54:34 Two kinds of rezoning, one in 56 and one in '87.

18:54:37 This was created prior to that in 1987 when the RS-50

18:54:39 and rs-60.

18:54:43 RS-50 required a 50 x 100 lot.

18:54:47 These platted lots in existence prior to that being the

18:54:49 regulation were considered buildable and conforming














18:54:50 lots.

18:54:55 When it says "nonconforming" it means nonconforming from

18:54:57 the RS-50 today.

18:54:59 Not illegal nonconforming.

18:55:03 So all the ones you saw in blue was developed at 50 x

18:55:04 91.

18:55:04 Okay.

18:55:07 All the ones you saw in red were either the double lot,

18:55:10 a lot and a half, or a triple lot.

18:55:16 >>MARY MULHERN: It is the same -- basically the same --

18:55:19 >>ABBYE FEELEY: All those blue ones.

18:55:20 >>MARY MULHERN: Okay.

18:55:25 Then my next question the area PD as opposed to.

18:55:29 Is this petitioner asking for this -- is it -- are both

18:55:33 of those owned by the same petitioner?

18:55:36 >>ABBYE FEELEY: No, they are not.

18:55:40 >>MARY MULHERN: The unbuilt lot is asking for the PD?

18:55:42 >>ABBYE FEELEY: This -- these two platted lots went

18:55:44 together as one zoning lot, okay.

18:55:47 100 x 90 feet deep.

18:55:49 100 feet wide by 90 feet deep.

18:55:53 It was permitted for one house and per the definition of

18:55:56 a zoning law, it is how it is permitted so those two

18:56:02 platted lots were combined to make one zoning lot, okay.

18:56:04 >>MARY MULHERN: And when would that have happened.














18:56:06 >>ABBYE FEELEY: When that first house was initially

18:56:07 constructed.

18:56:08 >>MARY MULHERN: Okay.

18:56:10 >>ABBYE FEELEY: You look at the vacant part, that is

18:56:12 the side yard to the original house.

18:56:15 >>MARY MULHERN: So then whoever -- the property owner

18:56:20 sold the other lot, the side lot?

18:56:21 Is that how it happened?

18:56:23 >>ABBYE FEELEY: Not the person who lives in there

18:56:24 today.

18:56:25 That is not my understanding.

18:56:27 >>MARY MULHERN: Somebody sole the two parties --

18:56:29 >>ABBYE FEELEY: Whoever owned it.

18:56:33 Somebody told these two parties here today or under this

18:56:36 petition today these two lots.

18:56:39 >>MARY MULHERN: Don't own both lots.

18:56:40 >>ABBYE FEELEY: No.

18:56:43 Two separate owners on two platted lots.

18:56:43 Okay.

18:56:45 >>MARY MULHERN: Okay.

18:56:47 >>ABBYE FEELEY: When the vacant property went in to

18:56:50 pull permits, they couldn't pull permits because as a

18:56:54 zoning lot, they are connected to the person that owns

18:56:55 the home.

18:56:56 Okay.














18:56:57 So --

18:56:59 >>MARY MULHERN: Well, what is the -- okay.

18:57:05 So -- are we --

18:57:07 >>ABBYE FEELEY: So when they came back us to and said

18:57:10 this is not a buildable lot, that's right because the 50

18:57:15 X 91 has not remained -- because the 50 x 91 has not

18:57:18 remained in single ownership since it was established.

18:57:21 The vacant piece went with the piece with the house.

18:57:24 So we informed the applicant that yes -- that is a

18:57:27 nonbuildable lot, and not only that, the person you were

18:57:31 severed from is also nonconforming now because at that

18:57:34 time they were permitted, they had two platted lots, and

18:57:36 now they are only a single platted lot.

18:57:41 So they now are legal nonconforming.

18:57:43 >>MARY MULHERN: So let me understand this.

18:57:46 How does something like that -- how does a sale like

18:57:46 that happen?

18:57:50 Is the buyer aware that they are buying an unbuildable

18:57:51 lot?

18:57:54 And if they are not, why aren't they?

18:57:56 >>ABBYE FEELEY: Severing of lots, establishment of

18:57:59 folio numbers and all that is held through the property

18:58:01 appraiser's office.

18:58:03 There is a disclaimer on the form that says they do not

18:58:06 check for zoning, and, in fact, I think I was before you














18:58:09 on a case similar to this maybe about a year ago, a year

18:58:12 and a half ago when we had this same discussion.

18:58:14 So this happens.

18:58:17 It has -- when the market was very good and people were

18:58:21 buying lots for cash, it happened a lot, because there

18:58:24 wasn't a mortgage company underlying those lots to find

18:58:27 out and get that zoning certification that, yes, this

18:58:29 is, in fact, a buildable lot.

18:58:31 It is a very complex situation.

18:58:34 The fact that there is an area-wide rezoning is that

18:58:38 when we informed the applicant who came in and said I

18:58:41 don't have a buildable lot, that they needed a rezoning

18:58:46 in order to make it buildable, they, I believe, went to

18:58:47 the party next door.

18:58:49 They can speak to that and they were not willing to

18:58:51 partake in it.

18:58:54 The city knowing that the other one was a legal

18:58:55 nonconforming lot.

18:58:57 We had an obligation to make both of them right and this

18:59:01 is the only remedy to make both lots right.

18:59:03 If not, the person who has the house needs to acquire

18:59:06 that property that was severed from them, that they did

18:59:10 not sell to this other party, and make themselves whole

18:59:13 again, because under their zoning permit for that house,

18:59:16 it was two platted lots and it is no longer that way.














18:59:19 So they are now not in concert with how the lot was

18:59:25 originally permitted.

18:59:26 >>MARY MULHERN: Thanks.

18:59:28 I will wait to hear everything else if I have any other

18:59:33 questions.

18:59:37 >>THOMAS SCOTT: Councilwoman Capin and Councilman

18:59:40 Caetano.

18:59:43 >>YVONNE CAPIN: The blue is the nonconform, the 50 x

18:59:43 90.

18:59:46 >>ABBYE FEELEY: Yes, nonconforming that they don't have

18:59:47 5,000 square feet in area.

18:59:49 >>YVONNE CAPIN: I understand that.

18:59:51 Therefore, but they are legal lots.

18:59:53 >>ABBYE FEELEY: Yes, they are.

18:59:56 >>YVONNE CAPIN: If those homes are burned down, torn

18:59:58 down, they can build --

19:00:00 >>ABBYE FEELEY: They can build back to the RS-50

19:00:03 standards just like the PD that is before you today.

19:00:08 Which means on a RS-50, 20-foot front, 7-foot sides,

19:00:09 7-foot rear.

19:00:11 They can't build as big of a home because they don't

19:00:15 have 91 feet in depth so they don't get that extra 20 so

19:00:19 they are going to have -- the house will be more compact

19:00:22 depth wise.

19:00:24 Because they are seven -- nine feet short.














19:00:27 >>YVONNE CAPIN: They are buildable?

19:00:29 >>ABBYE FEELEY: Yes, they are.

19:00:30 >>YVONNE CAPIN: We are trying to make these two

19:00:33 buildable like all the others.

19:00:36 >>ABBYE FEELEY: All of those blues have always been 50

19:00:38 x 91 for their whole life.

19:00:39 >>YVONNE CAPIN: Right.

19:00:41 >>ABBYE FEELEY: The ones before you tonight.

19:00:44 What they are asking -- what they are asking us to do is

19:00:49 to bring them to where the --

19:00:53 >>YVONNE CAPIN: The conforming build the blue are.

19:00:56 >>ABBYE FEELEY: To put them back.

19:01:00 If you bought one and I bought one and we built houses

19:01:03 an went to happily ever after we would be blue today and

19:01:06 buildable and if our houses burnt down, we would build

19:01:07 back.

19:01:10 But when these two lots were constructed, I bought both

19:01:13 of them in theory, and I built one house.

19:01:16 They did not remain independent of one another, making

19:01:21 them legal nonconforming, so to speak.

19:01:22 >>YVONNE CAPIN: Thank you.

19:01:23 >>ABBYE FEELEY: Okay.

19:01:26 >>THOMAS SCOTT: Councilman Caetano.

19:01:28 >>JOSEPH P. CAETANO: A little confusing.

19:01:30 We have 32 lots on this block -- if you want to call it














19:01:31 a block.

19:01:32 32 lots.

19:01:35 >>ABBYE FEELEY: 32 zoning lots, yes.

19:01:40 >>JOSEPH P. CAETANO: They are all 50 x 91?

19:01:42 >>ABBYE FEELEY: Let me get a copy of what we are

19:01:47 talking about,I am sorry.

19:01:53 >>JOSEPH P. CAETANO: This is Number 11 and 12.

19:01:53 >>ABBYE FEELEY: Okay.

19:01:57 This -- this is the subject block right here.

19:01:59 >>JOSEPH P. CAETANO: 32 lots there.

19:02:02 >>ABBYE FEELEY: There are 32 zoning lots.

19:02:03 >>JOSEPH P. CAETANO: Right.

19:02:08 They are all 50 x 91 --

19:02:10 >>ABBYE FEELEY: Only the blue ones are 50 x 91.

19:02:15 The red ones are more than 50.

19:02:18 They are not more than 91 in depth because we know they

19:02:21 were all platted at 91 feet in depth, so they are more

19:02:25 than 50 feet wide, which allows them to achieve the

19:02:26 5,000 square feet.

19:02:28 That's why they are red.

19:02:30 >>JOSEPH P. CAETANO: They were done -- they were zoned

19:02:33 at a different time, you said in '11.

19:02:35 >>ABBYE FEELEY: They were purchased and developed in a

19:02:36 different way.

19:02:43 Instead of just buying a 50 x 91 if you are a red, you














19:02:45 bought a lot and a half or two lots.

19:02:47 That's why you have the 5,000 square feet.

19:02:51 So -- and that's why those are red.

19:02:55 The oneS with -- I believe, to the west are doubled or

19:03:00 they are -- or they are lot and a half.

19:03:02 What we do is go in and check the legal descriptions on

19:03:03 all of them.

19:03:08 That is what Towanda did on all of them and went in and

19:03:10 tested the legal description.

19:03:11 I am sure she loved the exercise.

19:03:17 They would say lots 15 plus the west half of lot 16.

19:03:19 That is what would make it red.

19:03:22 Picked up somebody else's.

19:03:26 So they achieved more than 50 feet in width.

19:03:29 And once they did that, and a lot of the red ones I

19:03:31 believe were 65 feet in width.

19:03:36 Once they hit 65 x 91, they had, like, 5500 square feet

19:03:41 versus the 40 -- the 4600 or whatever it is.

19:03:44 >>THOMAS SCOTT: Councilman Miranda.

19:03:46 >>CHARLIE MIRANDA: If I remember everything that miss

19:03:49 Feeley said, red and blue looks like a republican and

19:03:51 democrat convention somewhere.

19:03:56 When you look at the red, this would be the first red

19:04:00 sequence that is missing because that would be turned

19:04:01 blue, am I correct on that.














19:04:06 One block facing north?

19:04:07 >>ABBYE FEELEY: Yes.

19:04:10 If we were to fill that in today, it would show us a red

19:04:10 there.

19:04:12 But because it is a subject, it is green.

19:04:16 >>CHARLIE MIRANDA: Therefore with setback 7 and 7, off

19:04:20 buildable lot in essence of 36 x 31 like all blues were.

19:04:22 >>ABBYE FEELEY: Yes.

19:04:24 >>THOMAS SCOTT: But not in the reds.

19:04:25 >>ABBYE FEELEY: Yes.

19:04:26 >>THOMAS SCOTT: Okay.

19:04:26 Thank you.

19:04:29 Next speaker.

19:04:33 >> My name is Mike quarter, and the owner of 3410 West

19:04:36 Fielder Street, and I have been sworn in.

19:04:39 I am not much of a public speaker so you have to bear

19:04:40 with me here.

19:04:44 I have come to speak on behalf for the petitioner.

19:04:46 My wife and I currently live there.

19:04:49 Like I said I have owned the property for six years not

19:04:51 knowing of the circumstance, and it is funny listening

19:04:54 to you, your barrage of questions is the same thing that

19:04:56 came through my mind.

19:04:59 And still don't fully understand what happened and how

19:05:03 we got to this point, but I do know that I am for














19:05:03 progress.

19:05:07 And I do know that it's -- you know, mine looking at it

19:05:10 as I drive down my street, it is every other lot is the

19:05:14 same size as our lot, so I just think if you oppose it,

19:05:16 it is a hindrance of progress.

19:05:19 That is pretty much all I wanted to say.

19:05:23 Initially I was concerned because my house is built in

19:05:28 the '50s, like a majority of the houses on my street,

19:05:30 and it is not in the best of shape, and it probably

19:05:32 doesn't have too many more years to come.

19:05:36 So my initial -- my initial questioning was, well, if it

19:05:40 gets rezoned, you know, what can I do to the property

19:05:42 going forward or forth.

19:05:44 But I -- I went down to the city and they have answered

19:05:47 my questions and as I understand it, as long as it is

19:05:52 rezoned -- the way it is asking to be rezoned as long as

19:05:55 everything meets the RS-50 requirements, I am completely

19:05:56 okay with that as well.

19:05:59 So that is my only concern that I had, and I just wanted

19:06:02 to make put it on record that -- that is the case.

19:06:03 >>THOMAS SCOTT: Okay.

19:06:05 >> Again I am for -- for building the property.

19:06:06 >>THOMAS SCOTT: Okay.

19:06:07 Thank you.

19:06:11 Next speaker.














19:06:12 >> Hi, April Kellogg.

19:06:16 I actually have not been sworn in.

19:06:16 >>THOMAS SCOTT: Okay.

19:06:18 Anyone else has not been sworn?

19:06:20 Please stand.

19:06:23 [Swearing In of Witnesses]

19:06:24 >> I do.

19:06:29 Again, I'm April Kellogg and my husband and I are owners

19:06:32 of 3410 Fielder.

19:06:34 We have no idea how it got this way.

19:06:36 We are still kind of confused as well, but bought this

19:06:39 lot thinking this was going to be our dream house.

19:06:42 Hoping it would be our dream house.

19:06:43 Grew up in South Tampa.

19:06:46 Hoping to be home watching that game tonight as well,

19:06:50 and really kind of -- we wanted to have our happily ever

19:06:50 after.

19:06:54 Our house on the lot and send my kids to the YMCA where

19:06:57 I had swim classes as well and go to a builder, and find

19:07:00 out this is not buildable lot and we are stuck possibly

19:07:02 with a property we won't be able to sell now.

19:07:05 So, yeah, just asking you, begging, hoping we will be

19:07:09 able to get this PD go from a RS, I guess, 50 to a PD

19:07:10 and be able to get our house.

19:07:14 We are not asking for a monstrosity as I think the one














19:07:14 lady mentioned.

19:07:18 We are looking for maybe a 2000-square-foot

19:07:22 bungalow-style South Tampa look just enough for our two

19:07:25 kids and to spend the rest of our lives there.

19:07:26 My mother lives down the street.

19:07:29 My grandmother did live down the street.

19:07:35 My cousin just built a house in South Tampa Palma Ceia

19:07:38 area, and we want to be in this area and hoping to break

19:07:39 ground shortly.

19:07:40 >>THOMAS SCOTT: Thank you.

19:07:41 Anyone else?

19:07:41 Okay.

19:07:44 Petitioner.

19:07:48 >> I just wanted to echo what miss Kellogg said.

19:07:50 The -- as you can see, we are building a modest home.

19:07:54 You do have elevations and it is 2,000-square-foot home

19:07:56 consistent with the character of South Tampa,

19:07:59 bungalow-inspired home and we are not doing this.

19:08:03 We are not a builder doing this to build a spec home.

19:08:06 Okay, we are building a home, a custom home for a nice

19:08:08 family as you can see.

19:08:11 This isn't a Joe developer trying to be greedy as rezone

19:08:15 something that -- we are not asking for -- to build a

19:08:18 home on a 30 x 50 lot.

19:08:20 We are consistent with the neighborhood, and we are














19:08:24 specifically doing this for a custom home for Mr. And

19:08:24 Mrs. Kellogg.

19:08:29 This is not -- this is not a -- an investment venture,

19:08:30 if you will.

19:08:32 >>THOMAS SCOTT: Okay.

19:08:35 Any other questions by council?

19:08:37 Move to close.

19:08:38 >>YVONNE CAPIN: Move to close.

19:08:42 >>THOMAS SCOTT: All in favor signify by saying aye.

19:08:49 Councilman Caetano, if you want to read.

19:08:50 >>JOSEPH P. CAETANO: Thank you, Mr. Chairman.

19:08:53 An ordinance rezoning property in the general vicinity

19:08:59 of 3410 and 3412 West Fielder Street in the City of

19:09:01 Tampa, Florida, and more particularly described in

19:09:05 section 1 from zoning districts, classification, RS-50,

19:09:08 residential single-family to PD, planned development

19:09:12 relation single family providing an effective date.

19:09:16 >>THOMAS SCOTT: Is there a second?

19:09:17 >> Second.

19:09:18 >>THOMAS SCOTT: Moved and seconded.

19:09:21 Seconded by Councilwoman Capin.

19:09:26 All those in favor signify by saying aye.

19:09:28 >> Motion carries with Miranda and Stokes vote nothing

19:09:31 and Miller being absent.

19:09:40 Second reading adoption on October 7 at 9:30 A.M.














19:09:56 >>THOMAS SCOTT: Item 3.

19:10:00 >>TOWANDA ANTHONY: Towanda Anthony Land Development.

19:10:05 Council application number z10-278.

19:10:07 It is a special use request.

19:10:11 The property address is 2206 E. Fowler Avenue.

19:10:14 The current zoning is CG, Commercial general, and they

19:10:18 are asking a special use to allow for a drive-in window

19:10:23 to accompany a bank.

19:10:25 >> Miss Anthony if you can hold up for a minute.

19:10:35 Mr. Garcia, if you could just hold up for a minute.

19:10:37 Councilmembers, folks, I believe you are going to be

19:10:40 abstaining from this, is that correct.

19:10:42 >>CURTIS STOKES: Yes, sir.

19:10:46 >> The nature of your conflict is this regards a use by

19:10:49 fifth third bank and somebody by whom you are retained.

19:10:51 >>CURTIS STOKES: Yes, it is.

19:10:55 >> On your behalf I am much filing to the Clerk 8 b your

19:10:58 memorandum of voting conflict.

19:10:58 Thank you.

19:11:04 >>CURTIS STOKES: Thank you.

19:11:04 >>THOMAS SCOTT: Okay.

19:11:09 Go ahead.

19:11:11 >>TONY GARCIA: Just wanted permission.

19:11:13 Speak when you are spoken to.

19:11:15 Tony Garcia, Planning Commission staff.














19:11:19 The site on this particular case is located in the

19:11:22 University planning district as you can see on the elm o

19:11:26 the request as Miss Anthony already told you is special

19:11:27 use to allow a drive-thru.

19:11:30 As you can see this is right on the boundary between the

19:11:31 county and city.

19:11:32 It is in the University area.

19:11:36 It is basically -- this land use category is community

19:11:39 Commercial 35 which allows all the commercial zoning

19:11:41 districts, neighborhood commercial, neighborhood

19:11:43 intensive and general commercial.

19:11:46 To show you an aerial perspective, this is basically an

19:11:49 outparcel at University Square Mall.

19:11:52 It is currently a Bennigan's, I think, it is a

19:11:53 restaurant.

19:11:56 The restaurant is going to be going out, they are going

19:11:58 to be putting in a bank, which is allowable.

19:11:59 It is a CG use.

19:12:01 That is already allowable.

19:12:03 The special use is really for a drive-thru.

19:12:07 Planning Commission staff had no objections.

19:12:10 Consistent with the comprehensive plan.

19:12:12 >>JOSEPH P. CAETANO: Are they going to tear the

19:12:14 building down?

19:12:16 >>TONY GARCIA: I can't recall.














19:12:25 Miss Anthony can get into the details for you.

19:12:29 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

19:12:33 The petitioner is requesting no waivers.

19:12:36 Showing pictures of the site.

19:12:38 Here is map atlas.

19:12:42 There is the parcel in the green hatched area abutting

19:12:49 Fowler Avenue to the South.

19:12:51 Here is an aerial of the site.

19:12:54 It is bordered by University Square Mall to the north

19:12:58 and Fowler Avenue to the South.

19:13:02 To the west, you have SunTrust -- excuse me to the east

19:13:06 you have SunTrust, and to the west you have commercial

19:13:07 uses.

19:13:15 To the South there is also commercial uses across the

19:13:16 street.

19:13:21 A picture of what is existing on the site as Tony

19:13:21 stated.

19:13:24 A Bennigan's on-site there.

19:13:27 According to the site plan, they will be tearing down

19:13:29 the existing structure.

19:13:31 Here is another picture of the site, and you can see the

19:13:38 access here, Fowler Avenue.

19:13:43 Here is picture of the site looking left.

19:13:44 Here is a picture of the site going east.

19:13:49 And you can see the SunTrust.














19:13:52 Here is view looking South, and you can see the

19:14:00 Commercial uses along Fowler Avenue.

19:14:10 Again, Council, this is a special use request.

19:14:12 The applicant is requesting a special use of the

19:14:16 property to allow for a bank with a drive-in window.

19:14:19 The property is an outparcel to the University Square

19:14:21 Mall and will front Fowler Avenue.

19:14:25 The proposed development will consistent of a one-story,

19:14:29 4293-square-foot building.

19:14:34 The.23-acre site is surrounded by Commercial uses.

19:14:38 The building setbacks are as follows: to the south 36.4

19:14:44 feet, to the west 34.7 feet, to the east 78.5 feet, to

19:14:47 the north, 45.6 feet.

19:14:51 The proposed request requires 17 parking spaces and 20

19:14:55 parking spaces are being provided, which consists of 19

19:14:58 standards spaces and one ADA space.

19:15:01 The proposed building height is 26 feet.

19:15:06 Elevations have been submitted the development review

19:15:10 committee has found the plan consistent.

19:15:11 Are there any questions?

19:15:15 >>THOMAS SCOTT: Yes, sir, Councilman Caetano.

19:15:18 >>JOSEPH P. CAETANO: Mr. Chairman, I don't understand.

19:15:21 The bank goes in there and remodel the building as it is

19:15:21 now.

19:15:27 Why is it that they have to come in for drive-up window?














19:15:31 >>THOMAS SCOTT: I was wondering the same thing.

19:15:33 >>JOSEPH P. CAETANO: I think it is a waste of time.

19:15:36 We spend a lot of time and spin our wheels here a lot of

19:15:36 times.

19:15:38 I think our zoning needs to be changed.

19:15:41 I don't know why they have to come for a permit for a

19:15:43 window.

19:15:46 >>TOWANDA ANTHONY: They are allowed -- the cg allows

19:15:48 for the bank but has to come before council for a

19:15:52 special use approval to allow for the drive-in window.

19:15:54 >>THOMAS SCOTT: They are here for the window primarily.

19:15:56 >>JOSEPH P. CAETANO: Just for the window, right.

19:15:58 But to me, that's a waste.

19:16:00 >>THOMAS SCOTT: Well, that's --

19:16:02 >>JOSEPH P. CAETANO: I understand it's there and -- you

19:16:05 know, we spent time on this.

19:16:07 >>THOMAS SCOTT: Thank you.

19:16:13 Petitioner?

19:16:17 >> Good evening, Brett Nevaril, Progressive Development

19:16:20 Group, South Tampa.

19:16:20 I have been sworn in.

19:16:23 Here to represent the current property owner and also

19:16:26 fifth third bank.

19:16:29 We are requesting a special use for a drive-in window.

19:16:31 >>THOMAS SCOTT: Anyone here in opposition to this














19:16:32 petition?

19:16:34 Anyone here in opposition?

19:16:36 Okay.

19:16:41 See what the opposition is and I will bring you back.

19:16:42 Yes?

19:16:47 >> Good evening.

19:16:50 I am here working with SunTrust, the adjacent property

19:16:51 to the east.

19:16:53 First of all, we are not actually opposed to the use of

19:16:56 the bank or to the drive-thru facility by which this

19:16:59 special use is being held.

19:17:03 But we do have a concern that we wanted to share.

19:17:07 It was first that Miss Towanda's graphic of the

19:17:11 properties did not actually include one 30-foot-wide

19:17:14 piece of property which -- which you can see here on the

19:17:16 -- it is not the appraiser's web site.

19:17:19 This property lies between the one that was stone in the

19:17:23 graphic and the actual SunTrust, the sis cans of this is

19:17:26 that -- the significance of this the parcel, the

19:17:30 30-foot-wide ingress-egress easement which SunTrust

19:17:35 dependent upon for access to their branch, the site plan

19:17:37 that was presented for the redevelopment of this, theirs

19:17:40 show substantial parking within that -- that area as

19:17:44 long as some of the required landscaping for the site

19:17:44 development.














19:17:47 I understand that there are actually negotiations and

19:17:50 conversations between fifth third, SunTrust other

19:17:55 parties to redescribe this easement to preserve suntrust

19:17:59 access in and out; however, at this time it has not been

19:17:59 executed.

19:18:01 That's all I want to say.

19:18:02 >>THOMAS SCOTT: Okay.

19:18:04 >>CHARLIE MIRANDA: There are two banks there?

19:18:09 >> It's an existing SunTrust which is located off to the

19:18:09 east.

19:18:12 That showed on your aerial graphic that was presented

19:18:17 earlier.

19:18:18 >>CHARLIE MIRANDA: And another bank.

19:18:20 >> There is not a second bank.

19:18:23 Does the SunTrust a drive-in?

19:18:26 >> No they do not at this time.

19:18:32 >>CHARLIE MIRANDA: Okay.

19:18:36 >>JOSEPH P. CAETANO: What is your main objection, sir.

19:18:38 >> We don't have an objection to the actual special use.

19:18:40 It is just that we are concerned about losing our rights

19:18:45 for the ingress-egress if the site plan is allowed to

19:18:47 proceed as it is shown now.

19:18:49 There is significance -- the parking and required

19:18:53 landscaping falls within -- let me show this --

19:18:55 >>THOMAS SCOTT: Well, I --














19:19:00 >> Shows the 30-foot-wide easement and overlay of the

19:19:02 site plan will show the parking and landscaping

19:19:05 basically cuts off that access easement.

19:19:08 >>THOMAS SCOTT: Is that -- let's get staff back up to

19:19:10 address that because I don't think it is an easement --

19:19:14 30-foot easement, I don't think they can -- if you --

19:19:16 somebody come -- come on, staff.

19:19:18 >> I don't know if staff can do anything at this time or

19:19:20 something that needs to be addressed later and we wanted

19:19:23 to make it known now.

19:19:25 >>THOMAS SCOTT: You have to understand you raised an

19:19:28 issue that we need to have answers to.

19:19:30 We have to have all the facts and everything on the

19:19:30 record.

19:19:34 If you were raising an issue about them using the -- I

19:19:39 guess the -- the right-of-way, I guess it is --

19:19:42 >> It is not right-of-way, it is a privately held land,

19:19:45 and there is a non -- there is a nonexclusive perpetual

19:19:50 easement for ingress and egress through the mall that is

19:19:56 granted to SunTrust other uses within the mall property.

19:19:57 >>THOMAS SCOTT: Okay, yes.

19:19:58 >> I have a question about this.

19:20:00 Can you put your little -- the property appraiser map

19:20:02 back up there.

19:20:05 So are you talking about that rectangle there?














19:20:07 Yes, that small rectangle.

19:20:09 >>MARY MULHERN: Who owns that.

19:20:11 >> Owned by the same ownership of the vacant Bennigan's

19:20:16 and the one being purchased.

19:20:18 >>MARY MULHERN: The bank own it is now.

19:20:21 >>THOMAS SCOTT: Let's --

19:20:23 >>MARY MULHERN: Does the petitioner own that?

19:20:25 >> The petitioner does own that, yes.

19:20:26 Sorry.

19:20:29 >>MARY MULHERN: But currently you have easement?

19:20:30 >> Yes, we do.

19:20:32 >>MARY MULHERN: And is that -- are we asking to put

19:20:34 landscaping or parking there?

19:20:41 I am asking our staff now.

19:20:42 >>TOWANDA ANTHONY: Here is the site plan, council, and

19:20:44 it shows the access retained.

19:20:46 They will retain their access.

19:20:51 So the proposal before us will not deny suntrust access.

19:20:53 >>MARY MULHERN: Oh.

19:20:55 >>TOWANDA ANTHONY: You come in off of Fowler, and the

19:20:58 access to SunTrust still established and the petitioner

19:21:00 can speak further to that.

19:21:02 They are currently under negotiations for the

19:21:04 cross-access agreement, but the agreement in place

19:21:07 currently provides access.














19:21:10 >>JOSEPH P. CAETANO: How wide is that easement?

19:21:15 >>TOWANDA ANTHONY: 27 feet.

19:21:16 >>JOSEPH P. CAETANO: That's more than most roads.

19:21:27 >>THOMAS SCOTT: Okay.

19:21:31 >> If there is a way to get that -- okay.

19:21:35 What we are actually -- and having more of a concern

19:21:39 about is not as much as the ingress, egress in this

19:21:42 vicinity right here; however, the 30-foot-wide easement

19:21:46 that would travel along the property line all the way to

19:21:50 the north does run parallel and adjacent to the property

19:21:50 line.

19:21:58 SunTrust have a future, I guess, interest in perhaps

19:22:01 putting a drive-thru facility in the rear of this store,

19:22:06 which would require an exit in this vicinity here.

19:22:08 Landscaping and parking would be blocking that easement.

19:22:10 >>THOMAS SCOTT: I think that is beyond -- beyond what

19:22:13 we are supposed to be dealing with tonight, Abbye.

19:22:16 You need to speak to that because he is going into

19:22:17 something else now.

19:22:20 >>ABBYE FEELEY: Chairman Scott, this morning staff was

19:22:23 made aware of this and Julia Cole was in my office and

19:22:23 we had a discussion.

19:22:26 What is being in front of you is a matter between

19:22:28 private parties and not a matter for discussion before

19:22:28 you.














19:22:30 The site plan before you tonight shows that access in

19:22:32 its current location.

19:22:34 Any negotiations that are occurring outside of this

19:22:37 application this evening, the applicant can come back

19:22:40 through a nonsubstantial change, show that internal

19:22:42 access once an agreement is reached, but I do not

19:22:46 believe that is under discussion, you know, or for you

19:22:48 to consider tonight through this application.

19:22:50 Staff has reviewed this application as is before you

19:22:51 tonight.

19:22:53 We have found it consistent.

19:22:55 I think there may be some modern modifications that need

19:22:59 to be made, but the concerns that are being raised

19:23:01 aren't anything that you can control under this

19:23:03 application at the present time.

19:23:04 >>THOMAS SCOTT: Okay.

19:23:05 >>ABBYE FEELEY: Thank you.

19:23:11 >>THOMAS SCOTT: Next speaker.

19:23:18 >> Chris Rogers, SunTrust, Orlando, Florida.

19:23:19 I have been sworn in.

19:23:22 Basically, we were just trying to preserve our access

19:23:26 ingress and egress through that access agreement that we

19:23:31 have currently, which is going from the main road all

19:23:33 the way back to the mall.

19:23:35 That is our main concern.














19:23:39 And the idea was when we saw the original drawings, it

19:23:42 is showing parking in those areas where this access

19:23:44 agreement we currently have.

19:23:45 That's our concern.

19:23:47 We are just trying to bring it up at this time so

19:23:48 peculiar make sure that it is addressed.

19:23:52 It is not a matter of having the bank next door to us.

19:23:56 We are working with them to try to shift it.

19:23:59 We want to make sure that it is understood there is

19:23:59 that.

19:24:02 And, again, when we saw this, it was not addressing that

19:24:08 particular sliver in the drawings that were shown.

19:24:11 We wanted to make sure it was addressed.

19:24:12 >>THOMAS SCOTT: Okay.

19:24:13 Anyone else?

19:24:14 Councilman?

19:24:17 >>CHARLIE MIRANDA: I wanted put it on the record I am

19:24:20 not in the banking business and I don't look at it as

19:24:22 one against the other or anything like that, but I guess

19:24:25 for years they must have had an agreement with

19:24:31 Bennigan's, SunTrust use that property ingress egress.

19:24:33 But that restaurant has been closed for quite a while.

19:24:36 I would say a year or something to that effect.

19:24:42 And -- and, I mean, I -- I can't get a city involved

19:24:47 between two legal parties own the properties.














19:24:49 Whether you work an agreement with them or not, I can't

19:24:52 consider that part of the zoning matter.

19:24:58 SunTrust have even in when that restaurant closed,

19:25:00 somebody might have come in, whether it was a bank or

19:25:04 tire shop or whatever, and it is really their property.

19:25:07 So I don't -- I am not getting involved in that.

19:25:10 I am just saying that don't dump it on us.

19:25:13 You knew what you had, SunTrust and you didn't do

19:25:15 anything with it.

19:25:17 That's all, Mr. Chairman.

19:25:20 >>THOMAS SCOTT: Well, I think from my standpoint, it is

19:25:22 -- it is -- from my standpoint it is a legal matter.

19:25:28 We can't intervene in it anyway, that's what I am

19:25:29 hearing from our staff.

19:25:32 They will work out and come to some understanding.

19:25:35 Petitioner, anything else you want to adds?

19:25:38 >> I would like to put it on the record we have been

19:25:41 working actively with SunTrust June.

19:25:46 It is not our intent to deny access for today and future

19:25:48 access for a drive opinion through.

19:25:50 They are going to apply for a drive-thru in the future

19:25:51 like we are.

19:25:54 We have a draft agreement in SunTrust hands right now

19:25:57 along a sketch and restriction for revised easement and

19:25:59 in the hands of all the property owners at University














19:26:00 mall.

19:26:03 It is our intent to provide them due access, and for the

19:26:05 record we have worked with them and will continue to

19:26:06 work with them.

19:26:11 >> But they evidently didn't know that though.

19:26:11 [Laughter]

19:26:13 >> I can provide all the E-Mails if anybody wants to

19:26:14 see.

19:26:15 >>THOMAS SCOTT: They didn't know it because --

19:26:15 [ Laughter ]

19:26:20 >>JULIA COLE: Julia Cole, Legal Department.

19:26:24 I understand an issue out there between these two

19:26:24 private parties.

19:26:27 As Mr. Miranda said that is not what is in front of you

19:26:32 and no bearing on your decision-making process and what

19:26:35 is in front of you is compliant with the city code.

19:26:36 >>THOMAS SCOTT: Thank you.

19:26:37 Applicant, anything else?

19:26:38 Nothing else?

19:26:40 Motion to close.

19:26:41 >>CHARLIE MIRANDA: So moved.

19:26:46 >>THOMAS SCOTT: All in favor signify by saying aye.

19:26:49 Mr. Caetano, do you want to read, your area.

19:26:51 >>JOSEPH P. CAETANO: I was going to open up a hot dog

19:26:53 stand there but too expensive.














19:26:56 >>CHARLIE MIRANDA: The hot dog or the land?

19:26:56 [Laughter]

19:26:58 >>JOSEPH P. CAETANO: Thank you, Mr. Chairman, an

19:27:03 ordinance of a Special Use Permit SU-II for a

19:27:08 bank/drive-in a CG district in the general vicinity of

19:27:11 2206 E. Fowler Avenue in the City of Tampa, Florida, and

19:27:15 more particularly described in section 1 hereof

19:27:17 providing an effective date.

19:27:18 >>THOMAS SCOTT: Moved and seconded.

19:27:20 Seconded by Councilman Miranda.

19:27:23 All in favor signify by saying aye.

19:27:25 Opposed.

19:27:28 >> Motion passes with Miller being absent.

19:27:32 October 7 at 9:30.

19:27:35 >> Councilmember Stokes.

19:27:39 >> Correction, motion carried with Councilwoman Miller

19:27:42 absent and Councilmember Stokes abstaining.

19:27:51 >>THOMAS SCOTT: Thank you, Item 4.

19:27:54 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

19:27:57 This application Z10-26.

19:28:02 The property address is 4733 West Bay Vista Avenue.

19:28:06 Petitioner is requesting to rezone from rs-60

19:28:09 residential single-family to PD planned development to

19:28:23 allow for office business professional.

19:28:26 >>TONY GARCIA: Good evening, once again, Council, Tony














19:28:27 Garcia, Planning Commission staff.

19:28:29 I have been sworn.

19:28:32 This particular case is also located in the South Tampa

19:28:33 planning district.

19:28:35 We have four of them tonight, so quite a few in the

19:28:36 South Tampa.

19:28:39 We will have two more in the South company after this

19:28:39 one.

19:28:41 The site is located in the South Tampa planning

19:28:42 district.

19:28:43 I already told you about your opportunities.

19:28:45 You do have limited opportunities for development.

19:28:47 This is another infill project similar to the one we

19:28:50 have already discussed prior to this.

19:28:54 The site is located on a corner, the South Westshore

19:28:55 area.

19:28:57 This is currently a residence.

19:28:59 It is on West Bay Vista Avenue.

19:29:01 Here is Westshore Boulevard.

19:29:05 The land use categories over here are CMU-35, community

19:29:09 mixed-use 35 neighborhood and general commercial uses,

19:29:12 R-10 which allows for single family detached and in some

19:29:15 particular cases like this particular one over here, a

19:29:18 nonresidential Commercial use, a use of Commercial

19:29:20 office infill, because of the orientation of the














19:29:26 proposed project to Westshore in is R-35, which allows

19:29:27 multifamily.

19:29:28 There is conflict here.

19:29:31 As you see here on the area, here is the apartment

19:29:34 complex and as you can see there is a variety of

19:29:37 small-scale commercial uses along this particular

19:29:39 segment of south Westshore.

19:29:42 That is pretty much the character you will see CG uses

19:29:50 and CN uses along the south face of boulevard.

19:29:53 What is proposed over here is for professional office

19:29:55 use that will be very much in scale and character with

19:29:59 what is currently existing in a commercial area along

19:30:00 Westshore.

19:30:03 It will be oriented toward Westshore Boulevard and

19:30:05 ingress-egress along Bay Vista.

19:30:09 So there is no -- and there is going to be appropriate

19:30:12 buffering and screening from adjacent residential to the

19:30:12 South over here.

19:30:15 This does not set a precedent for additional Commercial

19:30:18 entitlements of any of the properties South of this, as

19:30:24 it is adjacent to a cu-35 piece and it is on a corner so

19:30:28 the situation is not precedent setting.

19:30:30 The Planning Commission found it consistent with the

19:30:31 comprehensive plan.

19:30:36 >>THOMAS SCOTT: Thank you, sir.














19:30:41 >>TOWANDA ANTHONY: Towanda Anthony Land Development.

19:30:43 I will show you pictures.

19:30:45 Starting with the zoning atlas.

19:30:49 Here is the parcel, subject parcel in the green hatched

19:30:50 area.

19:30:53 It is surrounded by cg uses.

19:30:57 And residential mixed use.

19:30:59 Multifamily, 24.

19:31:06 You have an apartment complex here and an autobody shop

19:31:07 here.

19:31:09 You have a residential neighborhood along the Bay Vista

19:31:12 subdivision.

19:31:16 Here is an atlas of the site.

19:31:20 It is abutting Bay Vista to the South, Westshore

19:31:22 Boulevard to the west.

19:31:26 The ask will allow access only from Westshore Boulevard

19:31:28 so there will not be intrusion into the surrounding

19:31:35 residential community.

19:31:37 Here is a picture of this site.

19:31:44 It is currently a single-family home on the property.

19:31:49 Here is a view looking east.

19:31:54 Here is a view looking South across the street.

19:31:59 Here is view looking north.

19:32:03 And this is looking west across Westshore Boulevard at

19:32:07 the multifamily residential.














19:32:08 And this is another picture to the north, and you will

19:32:12 see that there is a vacant lot before you get to the cg

19:32:22 use.

19:32:25 The applicant is proposing to rezone the property from

19:32:30 rs-60 to PD to allow for office, business, professional.

19:32:34 The site is .316 acres and existing use is existing

19:32:37 family residential.

19:32:41 The site is located southeast corner of Westshore

19:32:44 Boulevard and Bay Vista Avenue and adjacent to

19:32:46 Commercial zoning to the north and residential zoning to

19:32:48 the east, west and South.

19:32:55 The applicant proposes to construct a 2750-square-foot

19:32:58 office building, the setbacks as follows: 20 feet to

19:33:01 the south, 20 feet to the north, 10 feet to the west,

19:33:03 and 25 feet to the east.

19:33:07 The 25 feet to the east is the area that will be

19:33:11 abutting the residential single-family.

19:33:18 The required parking is ten parking spaces and ten

19:33:20 parking spaces are required.

19:33:24 Ten compact, one ADA and five standard spaces.

19:33:29 The maximum building height is 35 feet.

19:33:32 The development review economy has reviewed the petition

19:33:37 and finds it inconsistent; however, if the modifications

19:33:41 and revisions that are provided to council for first and

19:33:46 second reading then we will find the plan consistent.














19:33:54 There is a letter we also provided for the record.

19:33:58 Staff findings Land Development Coordination tree and

19:34:02 landscape found the plan inconsistent and they are

19:34:04 requesting that the plan be updated to reflect some tree

19:34:10 and landscape discrepancies that were noted by our urban

19:34:12 planner.

19:34:14 As well as parks and recreation, they are requiring that

19:34:23 they add some additional notes to the plan.

19:34:25 Are there any questions, council?

19:34:27 >>THOMAS SCOTT: Councilwoman Mulhern.

19:34:30 >>MARY MULHERN: Yes, maybe we can start with -- if you

19:34:33 can put the zoning map back up.

19:34:33 >>.

19:34:34 >>TOWANDA ANTHONY: Okay.

19:34:36 >>MARY MULHERN: I am trying to understand because it

19:34:38 looked like it was surrounded by nice little houses

19:34:41 pretty much except the one -- is it the parcel that is

19:34:43 just up -- north?

19:34:46 >>TOWANDA ANTHONY: Yes, to the north.

19:34:49 >>MARY MULHERN: The car autobody shop or something.

19:34:52 >>TOWANDA ANTHONY: To the north is an auto repair shop

19:34:55 mull pull but then as you go north --

19:34:57 >>MARY MULHERN: But then as you go north after that

19:35:02 there are PDs, is that residential?

19:35:04 >>TOWANDA ANTHONY: Commercial uses along Westshore














19:35:06 heading north and heading South you have the

19:35:08 multifamily.

19:35:09 >>MARY MULHERN: Okay.

19:35:10 I am just talking about north.

19:35:14 Looks like Commercial General just north of there that

19:35:21 body shop or Maaco whatever it is and those two PDs.

19:35:23 Are those commercial or are they relation?

19:35:25 >>TOWANDA ANTHONY: I will ask the petitioner to speak

19:35:26 more to that.

19:35:27 I believe they are commercial uses.

19:35:29 >>MARY MULHERN: I would like to know that, because it

19:35:34 is pretty much residential -- everything -- everything

19:35:40 west -- west of Westshore except for that CG, as far as

19:35:46 I can tell in that area, South and west it is all

19:35:50 residential and then residential multifamily across the

19:35:51 street.

19:35:53 It looked like to me.

19:35:55 >>TOWANDA ANTHONY: It was a hodgepodge of commercial

19:35:59 and residential mixed in, and it is mostly more intense

19:35:59 residential.

19:36:03 Your residential multifamily uses, as well as your cg

19:36:04 uses.

19:36:05 >>MARY MULHERN: Okay.

19:36:10 If anybody has any idea what those -- the two PDs off of

19:36:13 Westshore are --














19:36:14 >>YVONNE CAPIN: I have an idea.

19:36:17 The one on the corner is a bank right there.

19:36:28 And then below it -- which would be Euclid and

19:36:30 Westshore, the bank.

19:36:32 >>MARY MULHERN: Do you know what is South of there?

19:36:34 >>YVONNE CAPIN: I am trying to remember.

19:36:36 >> Green Iguana.

19:36:40 >>YVONNE CAPIN: Green Iguana is across the street.

19:36:43 >>MARY MULHERN: Pretty much commercial north -- which

19:36:47 street is that going east-west here?

19:36:48 >>YVONNE CAPIN: There is no street.

19:36:49 Bay Vista.

19:36:52 >>MARY MULHERN: Bay Vista and whatever that is.

19:36:53 The alley.

19:36:55 Okay.

19:37:00 And Bay Court is the next street it looks like.

19:37:00 Okay.

19:37:01 Thanks.

19:37:03 >>THOMAS SCOTT: Any other questions by council?

19:37:08 -- okay, petitioner?

19:37:13 >> Good evening, Council.

19:37:17 My name is Rich O'Brian, and I am the agent for Mike

19:37:18 Hooper.

19:37:26 I am just going to put this up here just briefly while I

19:37:28 am going through a few points.














19:37:31 The first point I have is basically transition, because

19:37:34 as you can see on the perspective, this is -- we have

19:37:37 the Commercial to the north, like, we have the Westshore

19:37:39 pizza and the Commercial kind of across the street to

19:37:43 the north, we have the high-density multifamily to the

19:37:44 -- to the west.

19:37:47 And this is basically a low-intensity professional

19:37:49 office.

19:37:52 Kind of has residential feel to the building.

19:37:55 Just to kind of help transition into the single-family

19:37:56 neighborhood.

19:38:00 The second point I have is environmental protection.

19:38:04 This is a site plan-specific rezoning so we basically do

19:38:08 go through these details and we have all but two live

19:38:12 oaks are being preserved, with the exception of a

19:38:14 request by the park department one of the trees in the

19:38:16 right-of-way had poor health so they just requested that

19:38:18 we remove it and put it on our list.

19:38:25 And then all the palms are being saved or relocated.

19:38:29 And based off of our at the sign, we still keep 38% of

19:38:32 the site pervious which is a lot higher than normal to

19:38:35 help with infiltration, and then the vast majority of

19:38:40 our parking lot will be pervious pavement to help the

19:38:42 existing tree that is keeping in place, the third point

19:38:44 is dealing with precedence.














19:38:51 There is a rezoning on Manhattan and Basconi, 3408

19:38:54 Manhattan that was just recently built two years ago, I

19:38:55 believe, or three years ago.

19:38:58 Rezoning Z00-60.

19:39:01 And it was a very similar situation that went to PD for

19:39:04 medical office, when it was professional office and

19:39:07 right on the edge of a larger residential area.

19:39:16 And their original plat was Basconi where ours was bay

19:39:18 vista and they switched and put their access right on

19:39:18 Manhattan.

19:39:20 And I am just giving you these numbers because I am

19:39:26 going to switch out to our site plan and design goals.

19:39:30 Their approved building setbacks were 10 feet next to

19:39:33 the residential next door to the building and 6 feet for

19:39:37 parking and let me do a quick switch out.

19:39:50 And basically our design goals for the site plan

19:39:54 rezoning was to have a -- basically as you can see on --

19:39:58 on the west -- on the east side next to the residences a

19:40:02 standard code for the City of Tampa says 15-foot setback

19:40:06 but we put it in the PD a 25-foot setback to provide a

19:40:11 decent buffer for the residence -- the residence next

19:40:11 door.

19:40:14 We took both driveways off of the South and basically

19:40:18 put the only access on Westshore.

19:40:22 And then I got one more perspective.














19:40:31 This is actually one looking from the South.

19:40:34 This is basically if you were standing across bay vista,

19:40:37 the homeowners to the South would be looking at this

19:40:37 building.

19:40:40 You don't actually -- is what the residents in the air

19:40:41 why will see.

19:40:43 They won't even see a parking lot.

19:40:47 They look to see what is kind of an upscale-style

19:40:47 building.

19:40:49 So it helps -- definitely helps the look of the

19:40:51 neighborhood and the transition into the neighborhood.

19:40:55 And then my final point was just with neighborhood and

19:40:57 neighborhood association support.

19:41:00 When we did our 30-day mailing, we included an

19:41:03 additional letter, just kind of letting everybody know

19:41:07 within 250 feet, and we also got in contact with Jerry

19:41:14 Frankhowser who is the President of Bay Side West and

19:41:17 having a meet and greet at Westshore Pizza which is

19:41:19 right across the street from the property and we had

19:41:23 several people come, and we had virtually -- and I say

19:41:27 virtually unanimous support, but not quite unanimous.

19:41:30 It was heavily due to the fact that we were keeping all

19:41:37 the traffic off and the look of the building and the

19:41:40 fact we weren't doing commerce but office because office

19:41:40 is low intensity.














19:41:43 You received an E-Mail from Jerry Frankhowser because he

19:41:45 did a vote of the neighborhood association and there was

19:41:48 an overwhelming majority of the neighborhood was in

19:41:51 support, and he even wrote in his E-Mail that the

19:41:54 Bayside West Neighborhood Association will not oppose

19:41:54 this project.

19:41:57 We feel it would be a good addition to this

19:41:57 neighborhood.

19:42:02 I just respectfully ask your approval for this rezoning.

19:42:04 >>MARY MULHERN: Can I just ask you a question with your

19:42:06 rendering that is up there.

19:42:07 >> Sure.

19:42:14 >>MARY MULHERN: Two oak tree there is and remaining?

19:42:14 >> Yes.

19:42:16 >>MARY MULHERN: That's not --

19:42:19 >> The style of the multistem oaks is because they are

19:42:20 large oaks.

19:42:21 They are existing.

19:42:23 The new ones will be nice single trunk --

19:42:26 >>MARY MULHERN: No, then you are not answering my

19:42:27 questions.

19:42:28 >> Those are existing.

19:42:30 >>MARY MULHERN: Those are existing and they look --

19:42:33 they are that tall and you preserving them.

19:42:34 >> They are big.














19:42:34 >>MARY MULHERN: Okay.

19:42:41 What about the other trees to the -- that way, east.

19:42:45 >> Let me grab the -- these trees are -- is this on?

19:42:46 These trees are existing.

19:42:48 That tree over there is existing.

19:42:49 That palm is existing.

19:42:52 There is a tree right over here that is existing.

19:42:53 This is proposed.

19:42:56 That is the nice little, you know, straight number one

19:43:00 Florida trees they put in, the Magnolias around the

19:43:03 building are proposed, but then most of the rest of the

19:43:06 existing trees actually go just to the north of the

19:43:12 parking lot which is probably -- show that to you.

19:43:16 There is like a small drainage ditch in a little area to

19:43:18 the north of the parking lot right there.

19:43:20 A lot of those are existing trees.

19:43:21 >> Okay.

19:43:24 Thanks.

19:43:26 >>THOMAS SCOTT: Any other questions?

19:43:26 Okay.

19:43:27 Thank you.

19:43:33 Anyone from the public wish to address council on this

19:43:37 petition?

19:43:42 >> My name is Joseph E. Brantley.

19:43:47 I reside at 4732 -- right across the street from this














19:43:50 proposed change.

19:43:54 I have been sworn in, by the way.

19:43:59 there was -- I feel like Daniel in the lion's den, to

19:43:59 tell you the truth.

19:44:04 Got all these people against me.

19:44:10 I told the gentleman when he showed me this picture that

19:44:12 it is a beautiful building, you know.

19:44:20 I agreed, and -- but when I moved into this area 59 and

19:44:26 a half years ago, it was all residential.

19:44:30 Now north of me there is -- there is -- was -- where

19:44:33 this house, what they are proposing to change, there is

19:44:35 a vacant lot, and then there is a service station or

19:44:39 used to be a service station.

19:44:47 Now it is a garage.

19:44:52 I -- I am against changing residential to any kind of

19:44:53 building.

19:44:55 Mainly because I know what happens.

19:44:59 I have seen other areas where they get one change.

19:45:02 The next thing you know they change it again and then

19:45:07 they change it again and they finally get whatever they

19:45:09 -- originally down the road.

19:45:12 Now when they bought this property, they made some

19:45:17 changes in the house to convert -- made a nice bedroom,

19:45:20 added a bath and everything.

19:45:22 I was tickled to death because I thought there were














19:45:24 going to have a family there.

19:45:28 Well, they don't have a family there anymore.

19:45:32 They have a family in there, which I am very proud of,

19:45:35 but -- and actually when they build this, he is going to

19:45:37 have to move.

19:45:39 They are renting it to him.

19:45:43 By the way he is an ex-marine, you know.

19:45:46 And he happens to be a friend of the guy that bought

19:45:50 this house who is making the changes or requesting the

19:45:50 change.

19:45:57 All I am trying to say is, I am against change r-60 to

19:46:00 any kind of change period.

19:46:03 It is R-60 and I think it should remain that way.

19:46:07 When they bought -- when they build the -- this area, I

19:46:10 was looking for a place that I was going to start a

19:46:11 family.

19:46:12 I was going to get married.

19:46:15 Planned on getting married anyway, and I looked around

19:46:21 and they had a big ad by Shulstead and Huffman, a new

19:46:24 community of homes for returning veterans and everywhere

19:46:26 else, on the VA.

19:46:28 So I bought this property.

19:46:30 I made a downpayment on it.

19:46:32 And I kept waiting for them to build.

19:46:35 Waiting for them to build and I kept waiting and














19:46:36 waiting.

19:46:36 There was some drawbacks.

19:46:40 They had to raise the level of the ground because if

19:46:44 they -- they wouldn't be able to allow them to build

19:46:46 until they got the ground level up.

19:46:46 Okay.

19:46:50 So they finally met all the requirements and got

19:46:54 impatient after so many months of waiting, that I went

19:46:57 back down and got my deposit back, and I checked --

19:47:00 well, let's take a ride out there and look.

19:47:05 I haven't done this -- my future wife and I went out to

19:47:08 look at this property and saw nothing there, nothing

19:47:08 there.

19:47:11 So we went out this particular day after I got my money,

19:47:14 went down and looked at it, and they had the walls up.

19:47:17 I rushed back downtown and said I want that house.

19:47:19 I really wanted the piece that they want to change.

19:47:22 That lot was bigger than the one I've got, but they were

19:47:25 going to build a two-bedroom there.

19:47:25 >>THOMAS SCOTT: Okay.

19:47:26 So --

19:47:29 >> So I wanted the -- I wanted the big lot.

19:47:31 I got the next one across the street, the next biggest.

19:47:34 Anyway, I am against the change I don't want to see it

19:47:36 change, period.














19:47:38 >>MARY MULHERN: Can I ask you -- can I ask you one

19:47:39 question?

19:47:39 >> Yes.

19:47:42 >>MARY MULHERN: You live in Bay Vista, on the corner --

19:47:45 >> I am directly across the street from --

19:47:48 >>MARY MULHERN: The corner of Westshore and Bay Vista.

19:47:50 >> I bought that because quick access to work.

19:47:52 I worked at the airport.

19:47:55 Worked out there for 56 years, you know, out at the

19:47:57 airport.

19:48:03 And anyway, I -- I was getting to and from and never was

19:48:05 flood out of my house.

19:48:09 Flooded back in and flooded out sometimes, but I was

19:48:12 always ache to get to work and back.

19:48:14 >>THOMAS SCOTT: Thank you, sir.

19:48:14 Any other questions?

19:48:16 Thank you very much.

19:48:19 Anyone else from the public wish to address this?

19:48:19 Okay.

19:48:22 Petitioner -- let me give the petitioner a chance to

19:48:27 rebuttal.

19:48:30 >> When we were at Westshore Pizza we had the same

19:48:31 discussion that he basically mentioned to you, and I

19:48:36 just alluded him to what, you know, the process of a PD,

19:48:37 the site plan rezoning.














19:48:40 You know, that he likes kind of what we are designing,

19:48:44 he just fears what could happen -- you know, what could

19:48:45 happen after that.

19:48:49 Well, with a PD rezoning, I just reassured him a site

19:48:51 plan rezoning and pretty much all we can do.

19:48:54 And if anyone in the future wanted to make a change,

19:48:56 they would have to come right back to City Council to

19:48:59 make that change.

19:49:03 And the only other thing was -- because obviously there

19:49:06 is a fear of precedent, and Tony Garcia touched on that

19:49:06 -- on that subject.

19:49:08 >>THOMAS SCOTT: Okay.

19:49:11 >> I will just quickly let -- let the landowner speak

19:49:14 just for a minute or so.

19:49:17 >> Hi, Mike Hooper.

19:49:19 Owner of the property at bay vista.

19:49:21 I have owned the property for a couple of years.

19:49:22 I bought it in a foreclosure.

19:49:23 Renovated it.

19:49:27 And my intention was -- for the property -- I own other

19:49:29 houses in that neighborhood right behind there is to

19:49:33 provide a transition from Westshore into a residential

19:49:36 neighborhood, and having a low-intensity office on that

19:49:41 and have a nice entrance that people can see when they

19:49:45 are driving into the neighborhood off of Westshore, and














19:49:48 the doctor I have known him for a couple of years and

19:49:50 bought the property and renovated it.

19:49:53 He came over and we talked several times and I developed

19:49:56 the project with Rich, our main concern was for him.

19:49:59 That's why we did a little further setback off there and

19:50:03 made it only a walkway, put the parking lot on the other

19:50:06 side trying to make sure he was -- his needs were make

19:50:09 in far of making of an office feel and not really

19:50:11 impeding continue to his neighborhood.

19:50:12 So, thank you.

19:50:13 >>THOMAS SCOTT: Okay.

19:50:14 Thank you.

19:50:15 Mr. Hooper.

19:50:18 Motion to close.

19:50:22 In all favor signify by saying aye.

19:50:32 Councilwoman Capin, do you want --

19:50:34 >>YVONNE CAPIN: I move the adoption of the following

19:50:38 ordinance upon first reading, second reading --

19:50:40 >>THOMAS SCOTT: First reading.

19:50:42 >>YVONNE CAPIN: First reading, ordinance rezoning

19:50:48 property in the general vicinity of 4733 West Bay Vista

19:50:50 Avenue in the City of Tampa and described in section 1

19:50:54 of the zoning district classification RS-60, residential

19:50:57 family to PD, planned development, office business

19:50:59 professional providing an effective date.














19:51:01 >>THOMAS SCOTT: And it has to include all of the

19:51:04 revisions on the sheet here.

19:51:07 That staff has given us in the motion.

19:51:09 >>YVONNE CAPIN: To include all the revisions provided

19:51:10 by staff.

19:51:11 >>THOMAS SCOTT: Okay.

19:51:15 Is there a second?

19:51:16 Okay.

19:51:17 Yes, Councilwoman --

19:51:21 >>MARY MULHERN: I just wanted to say -- to thank Mr.

19:51:26 Trask for coming down here, and I am not going to vote

19:51:33 for this because the trend and the -- you know, the

19:51:38 transition and all that is still -- that's what is

19:51:39 patchy.

19:51:42 But if you look at the big picture here, this is

19:51:47 residential neighborhood with little pieces of the

19:51:51 puzzle along Westshore being transitioned into

19:51:52 Commercial and office.

19:51:59 But when you look at this square everything -- not even

19:52:06 just that square southeast, but South of bay vista or

19:52:10 bay court I guess is the street north of there.

19:52:11 It is all residential.

19:52:13 It is all residential and just little pieces that have

19:52:16 turned into Commercial, which I -- I am sure, you know,

19:52:18 people appreciate and like in that neighborhood, but you














19:52:22 are looking at a really pretty little subdivision that

19:52:27 was drawn up, you know, 60 years ago, and as -- you

19:52:35 know, you can say it is not precedential but the fact

19:52:37 that people said it was hopping north of there no

19:52:39 discussion other than me, okay, fine.

19:52:44 So it is precedential, okay, fine.

19:52:48 I appreciate the neighborhood, the size of these houses,

19:52:51 the ability for young families to live there just like

19:52:55 his family, maybe his children or family that was age

19:52:58 can still move in and be able to rent a house too.

19:53:02 The rental houses are not going to be available.

19:53:05 So I just wanted you to know that.

19:53:09 >>THOMAS SCOTT: A motion and seconded by councilman

19:53:10 Stokes.

19:53:13 All those in favor say aye.

19:53:14 Opposed.

19:53:17 >> Motion carries with Miller being absent and Mulhern

19:53:19 voting no.

19:53:22 Second reading October 7 at 9:30 A.m.

19:53:25 >>THOMAS SCOTT: Okay, two more items, I believe, 8 and

19:53:31 9.

19:53:48 Let's get a move on.

19:53:54 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

19:54:00 Z10-27, the property address is 33.24 and 3330 South

19:54:01 MacDill Avenue.














19:54:06 The applicant is proposing to rezone from PD planned

19:54:08 development, office business professional and

19:54:15 multifamily and RO-1, residential office to PD,

19:54:26 congregate living facility.

19:54:35 >> Can you see if --

19:54:37 >>TONY GARCIA: This site is located in the South Tampa

19:54:38 planning area again.

19:54:42 And this site is located just to the north of the

19:54:45 intersection of Gandy boulevard and Manhattan, the land

19:54:47 use category is CMU-35.

19:54:50 Just to the South of that is urban mixed-use 60 which

19:54:54 recognize the arterial of Gandy boulevard.

19:55:00 Cmu to the west of the site and to the north.

19:55:03 The request is for an expansion of an existing facility

19:55:07 to allow more accommodation of a particular service that

19:55:10 we have all been familiar with because of the changing

19:55:16 demographics and occurring not just here locally but

19:55:21 nationwide.

19:55:23 Here is a current site and graphic representation to

19:55:27 show that you pretty much do have a lot of higher

19:55:31 intensity and higher density types of uses on this

19:55:32 segment of Manhattan.

19:55:35 Pretty much what is represented on Manhattan from Euclid

19:55:40 all the way to Gandy boulevard.

19:55:43 Similar to uses in scale and intensity.














19:55:45 Planning Commission found it consistent with the

19:55:46 comprehensive plan.

19:55:55 >>THOMAS SCOTT: Thank you, sir.

19:55:58 >>TOWANDA ANTHONY: Towanda Anthony, Land Development.

19:56:10 The petitioner is requesting -- show you pictures of the

19:56:12 site.

19:56:26 The zoning atlas -- the RO-1 designation is the

19:56:31 existing facility and the PD is the proposed addition.

19:56:38 Surrounded by a PD in this is Academy of Holy Names.

19:56:41 To the west is residential multifamily, to the south as

19:56:52 well as RM-60 and several PDs surrounding this site.

19:56:54 Here is an aerial of the site.

19:56:56 Again you see the existing structure and this is the

19:56:59 proposed addition.

19:57:07 It is abutting residential multifamily to the nought.

19:57:11 To the west, Julia Street to the south, and this is a

19:57:18 residential community.

19:57:21 Here is picture of the existing site, and the existing

19:57:23 facility.

19:57:29 It was Adams house.

19:57:31 This is the proposed addition.

19:57:34 This is where the proposed addition will be located and

19:57:38 you can see the multifamily residential.

19:57:52 This is looking east along Julia street in is South

19:57:55 looking toward MacDill.














19:57:58 This is north, and you can see the abutting multifamily

19:58:03 residential.

19:58:16 And this is west, Academy of Holy Names parking lot.

19:58:18 Council, the applicant is proposing to rezone the

19:58:23 property from RO-1 and PD to PD to allow for expansion

19:58:27 of the existing congregate living facility.

19:58:32 The proposed expansion will add 26 beds for 9548 square

19:58:35 feet to the existing two-story 30-bed facility, the

19:58:40 proposed two-story expansion will total 15,167 square

19:58:43 feet and includes 56 beds.

19:58:48 The 29,998-square-foot site is surrounded by residential

19:58:52 uses to the north, east and South and Commercial to the

19:58:53 west.

19:58:56 The proposed building setbacks are as follows: to the

19:59:02 north 2.0, to the east 2.0 feet, to the south 14.77

19:59:07 feet, and to the west 55.38 feet.

19:59:13 The maximum building height proposed is 41 feet, a total

19:59:17 of 14 parking spaces are requested or required.

19:59:22 And 12 spaces are being provided, including one ada

19:59:24 space and 11 standards spaces.

19:59:27 A waiver is being requested for the two deficient

19:59:34 parking spaces.

19:59:36 The Development Review Committee has reviewed the

19:59:39 application and finds it inconsistent; however, if the

19:59:41 revisions are made between first and second reading














19:59:44 based on the revision sheet that has been provided to

19:59:48 Council, then the Development Review Committee will find

19:59:51 the plan consistent.

19:59:55 Some of the inconsistencies, staff findings were from

19:59:56 Land Development Coordination.

20:00:02 We ask that they modify waiver four as follows: waiver

20:00:09 of green space of 5.591 square feet will be addressed

20:00:10 to.

20:00:13 The fee shall be paid to the City of Tampa parks and

20:00:15 registration department of time of permitting.

20:00:18 This fee shall be paid prior to the issuance of the

20:00:20 first building permit in addition, Transportation

20:00:26 Planning staff asks that they provide a note if a

20:00:29 sidewalk is not desired in this location and note needs

20:00:33 to read as follows: with the approval of the site plan,

20:00:35 City Council has determined that it is not practical to

20:00:42 have a sidewalk constructed along west Julia street and

20:00:45 an in lieu fee will be paid.

20:00:49 Solid waste has stated they are -- they found the plan

20:00:53 consistent and they are no longer requiring a waiver.

20:00:55 >>THOMAS SCOTT: Any questions?

20:00:57 Any questions?

20:01:04 Petitioner.

20:01:05 >> McNeil Engineering.

20:01:09 15957 North Florida Avenue, Lutz.














20:01:12 I have been sworn in.

20:01:15 The existing facility as she mentioned, very nice

20:01:19 facility, has been there a little over 20 years.

20:01:24 The proposed addition to that is to really -- to

20:01:27 maintain the existing architecture that is there.

20:01:32 >>THOMAS SCOTT: Do you agree with staff recommendations

20:01:34 and changes?

20:01:35 >> Yes, we agree.

20:01:36 >>THOMAS SCOTT: Anyone here in opposition to this

20:01:37 petition?

20:01:39 Any questions?

20:01:40 By council?

20:01:41 If not a motion.

20:01:44 >>CHARLIE MIRANDA: Move to close.

20:01:46 >>THOMAS SCOTT: Moved and seconded.

20:01:48 All signify by saying aye.

20:01:49 Councilman Miranda.

20:01:50 >>CHARLIE MIRANDA: Thank you.

20:01:53 Move an ordinance rezoning property in general vicinity

20:01:59 3324 and 3330 South MacDill Avenue in the City of Tampa,

20:02:02 Florida, from PD, planned development, office, business,

20:02:06 professional multifamily and RO-1, residential office to

20:02:11 PD, planned development congregate living facility,

20:02:13 large group here providing the effective date.

20:02:14 >>THOMAS SCOTT: And include all of the changes.














20:02:17 >>CHARLIE MIRANDA: Include all the changes submitted by

20:02:18 staff.

20:02:20 >>THOMAS SCOTT: Is there a second.

20:02:20 >> Second.

20:02:24 >>THOMAS SCOTT: Seconded which councilman Caetano.

20:02:27 All in favor signify by saying aye.

20:02:28 Opposed?

20:02:31 >> Motion carries with Miller being absent and Mulhern

20:02:33 and Stokes being absent at vote.

20:02:36 Second reading October 7 at 9:30 A.M.

20:02:42 >>THOMAS SCOTT: Last petition Number 9.

20:02:43 >>ABBYE FEELEY: Number 9.

20:02:48 Good evening, council, Land Development Coordination.

20:02:55 >>THOMAS SCOTT: Sound real happy now.

20:02:55 [Laughter]

20:03:14 Okay, Council, last case on your agenda this evening is

20:03:21 5210 and 5214 W. Spruce Street, z10-39.

20:03:24 The Avion Park Development just south of the airport

20:03:29 right near International Plaza.

20:03:33 This has been rezoned a couple times.

20:03:35 What happens a lot of times with a PD is you have the

20:03:39 uses restricted to a point that when the market is

20:03:41 changing you can't accommodate other uses that are

20:03:42 coming in.

20:03:46 This was last rezoned last year to add 10,000 square














20:03:48 feet of medical office to it.

20:03:51 And also a shuttle service to the airport.

20:03:55 It is before you tonight to add vehicle leasing.

20:03:59 It is going to be a 30-car car rental that will be

20:04:06 located in a retail portion of the site.

20:04:07 Here is an aerial view.

20:04:10 This a structure garage and retail here.

20:04:13 This is where that medical office was asked -- requested

20:04:14 to be added.

20:04:17 This is also where they are seeking to put a car rental

20:04:24 deck and 30 cars maximum.

20:04:37 Let me -- I just showed you an aerial.

20:04:38 Here is another aerial.

20:04:41 To the north, O'Brian to the east and Laurel to the

20:04:44 South.

20:04:49 It is currently zoned PD and it is surrounded by ma-2

20:04:53 and ma-1 and other PD to the South.

20:04:56 Do you want me to stop where I am and let Mr. Garcia

20:04:59 make his comments and I will come back up and discuss

20:05:06 with you the minor modifications.

20:05:09 >>TONY GARCIA: She doesn't want me to go, you know.

20:05:09 So sorry.

20:05:10 It is a change of use.

20:05:13 There are no additional impacts to the F.A.R. Or

20:05:16 density potential to the site plan and commission and














20:05:18 staff found it -- because it is for the proposed change

20:05:19 of use consistent with the comprehensive plan.

20:05:21 Thank you.

20:05:24 >>THOMAS SCOTT: Thank you, sir.

20:05:27 >>CHARLIE MIRANDA: I am going to say it in case we --

20:05:32 >>THOMAS SCOTT: We might have some questions.

20:05:32 [Laughter]

20:05:33 Thank you.

20:05:35 >>ABBYE FEELEY: Just to recap, the request before you

20:05:38 tonight is PD to PD and the use that are going to be on

20:05:41 the PD now at this time are business professional

20:05:44 office, medical office, hotel, shuttle service,

20:05:47 principle parking, restaurant and vehicle leasing.

20:05:52 What is before you tonight is the vehicle rental.

20:05:56 As I mentioned, 30 cars and all maintenance, washing and

20:05:59 refueling and servicing of these vehicles will occur

20:06:04 offsite, and to date, there are three hotels, the

20:06:07 parking deck and retail is being constructed.

20:06:09 Required parking is 2233.

20:06:13 And space provided is 3069.

20:06:15 Staff did not have any objections.

20:06:16 Found it consistent.

20:06:19 No modifications are required this N between first and

20:06:23 second reading, and Dennis is here representing the

20:06:25 petitioner on this case this evening.














20:06:32 >>THOMAS SCOTT: Petitioner.

20:06:33 >> I have been sworn.

20:06:38 Dennis Seria, URS Corporation, West Courtney Campbell

20:06:39 causeway.

20:06:42 I am a consultant for McKibbon Hotel Group.

20:06:44 We worked with the city and everything they have

20:06:45 discussed is consistent.

20:06:46 >>THOMAS SCOTT: Anyone here in opposition?

20:06:47 Anyone want to speak?

20:06:48 Anyone in opposition?

20:06:50 Okay, motion to close.

20:06:52 >>CHARLIE MIRANDA: Close.

20:06:54 >>THOMAS SCOTT: All those in favor signify by saying

20:06:55 aye.

20:07:02 Councilwoman.

20:07:04 >>JOSEPH P. CAETANO: An ordinance rezoning property in

20:07:11 the general vicinity of 5142, 5210 and 5220 W. Spruce

20:07:15 Street in the City of Tampa, Florida, and more

20:07:17 particularly described in section 1 from zoning district

20:07:20 classification, PD, planned development, business

20:07:24 professional, office, hotel, general retail, restaurant

20:07:26 to PD planned development, business professional,

20:07:31 office, medical office, hotel, airport, shuttle service,

20:07:35 principle parking, general retail, restaurant vehicle

20:07:37 leasing providing an effective date.














20:07:40 I don't think there is anything else that can go in

20:07:41 there.

20:07:42 >>THOMAS SCOTT: Okay.

20:07:42 Moved and seconded.

20:07:45 Seconded by councilman Miranda.

20:07:47 All in favor signify by saying aye.

20:07:50 Opposed?

20:07:52 >> Motion carries with Miller being absent.

20:07:57 Second reading and adoption October 7 at 9:30 A.M.

20:07:58 >>THOMAS SCOTT: Okay.

20:07:59 Thank you.

20:08:01 Any new business?

20:08:02 Motion to receive and file.

20:08:04 >>MARY MULHERN: I have one --

20:08:06 >>JOSEPH P. CAETANO: So moved.

20:08:07 >>THOMAS SCOTT: Yes.

20:08:10 >>MARY MULHERN: I would like -- a motion to -- on

20:08:13 behalf of council I wanted to present a letter of

20:08:17 welcome at the renew Tampa conference on Friday October

20:08:18 1.

20:08:19 >> Second.

20:08:21 >>THOMAS SCOTT: Moved -- a second?

20:08:22 Moved and seconded -- sorry.

20:08:24 Moved and seconded.

20:08:26 All those in favor signify by saying aye.














20:08:30 Opposed?

20:08:32 Okay.

20:08:35 One thing -- just the information.

20:08:40 Public viewing for Reverend Abraham Brown will begin

20:08:42 tomorrow at 2 p.m. at the First Baptist Church of

20:08:45 college hill at MLK and 29thSstreet.

20:08:47 A public viewing.

20:08:51 At 6:00, the family will receive friends, and then at

20:08:57 7:00 tomorrow evening a program will begin for the wake

20:08:58 service.

20:09:03 And then on Saturday morning at 11 a.m., funeral service

20:09:08 for Reverend Abraham Brown at the Idlewild Baptist

20:09:10 Church out in Lutz.

20:09:14 8333 Idlewild Boulevard.

20:09:17 So I just want to call that to everybody's attention.

20:09:18 All right.

20:09:21 If there is nothing else before Council, we stand -- I

20:09:22 am sorry --

20:09:24 >> Motion to receive and file.

20:09:25 >>THOMAS SCOTT: Receive and file.

20:09:26 A second?

20:09:26 Moved and seconded.

20:09:29 All in favor signify by saying aye.

20:09:30 Opposed?

20:09:31 Anything else?














20:09:33 Okay, we stand adjourned.

20:09:33 Thank you.

20:09:34


TAMPA CITY COUNCIL
Thursday, September 16, 2010
6:00 p.m. Session

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