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Thursday, December 9, 2010
5:01 p.m. session


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17:04:26 >>THOMAS SCOTT: The Tampa City Council will now come

17:04:27 to order.

17:04:29 We have roll call.

17:04:36 [Roll Call Taken]

17:04:40 >>THOMAS SCOTT: Okay.

17:04:43 We have a number of public hearings tonight, but do we

17:04:47 want to go through and clean up the agenda?

17:04:51 >> You have a 5:00 workshop, Mr. Chairman.

17:04:52 >>THOMAS SCOTT: That's right.

17:04:53 5:00, go ahead.

17:04:56 >>CATHERINE COYLE: Good evening, Council, Catherine

17:05:00 Coyle, Land Development.

17:05:04 Just as a recap, October 15, I believe, we had a public

17:05:06 workshop for part 1.

17:05:09 I went ahead and retransmitted that for you.

17:05:13 What we are here tonight is for part 2 of the

17:05:13 amendment.

17:05:18 And what you have before you is this sheet, is the

17:05:22 title page and notes part 2 and three tabs, the tabs in

17:05:28 your copies are yellow pages.

17:05:31 Seminole Heights is the first amendment.

17:05:32 It is tab 1.

17:05:36 And this is almost three years in the making.

17:05:38 Council has been with us through the adoption of the

17:05:41 Vision Plan, the implementation through the

17:05:43 comprehensive plan of the policies, goals, objectives

17:05:46 and policies of that particular district.

17:05:48 This is the next step which is the actual moving

17:05:50 forward of the Land Development regulations for

17:05:51 Seminole Heights.

17:05:54 What this district does is it actually carves Seminole

17:05:59 Heights out as its own article in Chapter 27 similar to

17:06:01 Ybor City, downtown, Channel District.

17:06:05 The districts will be titled SH for Seminole Heights,

17:06:10 just like Ybor City is YC, downtown is CBD and so on.

17:06:13 What we did is we wanted to make sure that we tried to

17:06:17 keep districts as similar as possible to what we have

17:06:20 today so that there would be very little difference for

17:06:22 people coming into this new system.

17:06:26 If you are SH -- I am sorry if you are CI today under

17:06:31 this new regulation, you would be SH-CI, which is

17:06:33 Seminole Heights Commercial Intensive.

17:06:36 The bulk of the standards are basically the same.

17:06:38 What we did also through this process is we tried to

17:06:41 address many of the concerns that development has had

17:06:42 in Seminole Heights with change of use.

17:06:45 Looking at the rules we have for landscaping and

17:06:51 parking, this particular, and paring down those as much

17:06:54 as possible finding the conflicts we have on our

17:06:57 regulations on our current books and eliminating them

17:07:00 and breaking them down as much as possible in this new

17:07:01 district.

17:07:05 We have, for an example, for parking, we are do have

17:07:12 reductions in certain parking ratios for particular

17:07:12 uses.

17:07:16 One in particular is for restaurants where currently in

17:07:19 the rest of the city the bulk of the city we have an

17:07:22 occupant load standard that is a quarter of a space per

17:07:22 person.

17:07:25 Depending on the square footage and layout of the

17:07:28 dining space and so on, could you end up with 100 to

17:07:32 200 spaces for what could be only 4,000 or 5,000 square

17:07:33 feet of restaurant space.

17:07:36 We looked at -- spent a long time looking at different

17:07:39 restaurant layouts with construction services and once

17:07:41 that came through our -- ones that came through our

17:07:47 office, a 1500 square foot to 2500 square-foot

17:07:52 restaurant a drive-thru or drive-thru restaurant 8,000

17:07:56 square feet it basically equates to.

17:08:00 We took 120 occupant load, stand-alone restaurant.

17:08:03 Less than or equal to 120 occupants -- I am sorry

17:08:06 greater than 120 occupants we kept you at the current

17:08:08 standard of a quarter of a space per person because

17:08:10 that's when it gets pretty intense.

17:08:14 Those less than 120 occupants that generally equates to

17:08:21 1500 to 2500-square-foot restaurant 6 places per

17:08:24 thousand, 6 spaces per 1,000 square feet which is a

17:08:26 fair reduction to what is required today.

17:08:28 We have additional tradeoffs for reusing existing

17:08:32 structures with minor increases in floor area where we

17:08:36 will grant administratively maybe a 35% reduction, a

17:08:37 25% reduction.

17:08:40 We also have tradeoffs for bicycle racks, motorcycle

17:08:40 parking.

17:08:43 We also can give you credit if you want to do

17:08:46 improvements within the right-of-way, creating

17:08:49 on-street parking per transportation standards.

17:08:50 We will give you credit for those spaces.

17:08:55 So we tried to be as innovative as we could with the

17:08:57 realities of that particular district and put those

17:09:00 provisions in the code, and the majority of those

17:09:03 standards would be reviewed administratively or through

17:09:05 the permitting process.

17:09:07 We also came up with standards that you have seen along

17:09:08 the way --

17:09:10 >>CHARLIE MIRANDA: Excuse me on the restaurants, are

17:09:13 you counting the whole building or counting the square

17:09:14 footage of the actual site itself.

17:09:17 In other words, you are counting the kitchen, the

17:09:21 storage room, all that or just counting the area where
17:09:23 the patrons sit.

17:09:25 >>CATHERINE COYLE: The life safety code dictates the

17:09:29 occupant load which does count kitchen and storage, but

17:09:33 the per person load on a kitchen is one person per 100

17:09:37 square feet versus a dining area one person per 15

17:09:38 square feet.

17:09:40 It is far less people for the kitchen.

17:09:44 It is a compilation of that, yes.

17:09:47 We also included standards for public realm.

17:09:50 And what I would like to emphasize is these are

17:09:56 standards for 39, a 50-foot, a 65-foot, 80-foot and

17:10:01 100-foot right-of-way, the variety of right-of-ways we

17:10:04 have in Seminole Heights, the typical 80-foot

17:10:06 right-of-way and couple different versions with drive

17:10:07 lanes and with medians.

17:10:10 We try to include, as you can see, on-street parking

17:10:14 and bike lanes where we could, in-street medians with

17:10:17 additional wider sidewalks and street trees.

17:10:20 Now the purpose of these public realm standards are

17:10:25 really to guide future development, including the city

17:10:26 or the state.

17:10:27 Anyone who comes through.

17:10:29 And we worked with the state on some of these

17:10:32 guidelines as well flew this process is -- that if they

17:10:35 are doing improvements, they did acknowledge to us they

17:10:38 look for local regulations and try to do as much with

17:10:42 the local government would like to see or that the

17:10:42 neighborhoods.

17:10:45 So we wanted to adopt these standards as well so in

17:10:53 case D.O.T. came along and redid Hillsborough Avenue or

17:10:55 Nebraska avenue they would consider our standards for

17:10:58 public realm as well.

17:10:59 You also have the maps.

17:11:01 This is the general layout.

17:11:05 It is being -- this is the general layout for the

17:11:05 zoning maps.

17:11:11 We tried to as much as possible if you are RS-50 you

17:11:14 will become RSF.

17:11:15 Residential Single Family.

17:11:17 Multifamily.

17:11:22 Commercial General.

17:11:24 If you compare this to the current list, it is almost

17:11:27 virtually the same pattern.

17:11:29 We tried to make everybody about the same as they were

17:11:31 before so there weren't a lot of conflicts.

17:11:34 It includes the map of the residential building form

17:11:37 from our windshield survey where pockets of

17:11:41 craftsman-style, ranch-style, eclectic-style homes are

17:11:43 throughout the area.

17:11:45 Note that the historic districts are whited out.

17:11:48 The historic districts will remain under the control of

17:11:52 the architectural review commission.

17:11:55 And finally, the -- this is the connectivity map and it

17:12:00 really highlights where those corridors are by size.

17:12:04 100, 80, 65, 50, 39, and which is local and which is

17:12:09 state controlled.

17:12:15 The last thing I would like to highlight for you is

17:12:19 that you will note in particular the flow of the code

17:12:22 is significantly different than the way our code looks

17:12:24 today.

17:12:26 For the better.

17:12:31 We have included graphics, that is the basic index for

17:12:38 where the two lines are, front yard, side interior,

17:12:40 property lines, everything labeled and keyed in the

17:12:41 table.

17:12:45 The front build to line.

17:12:47 It is averaged by the adjacent structures just as it is

17:12:50 today and the residential overlay that Seminole Heights

17:12:51 has.

17:12:53 Everything else is keyed to a map or another standard

17:12:57 that it refers to for building form.

17:13:01 Your basic lot width standards.

17:13:03 Excessive building requirements here.

17:13:05 The next stage is the vertical cross exception showing

17:13:09 you a typical one story with a two-story option for the

17:13:11 single family.

17:13:15 The basic uses that are allowed on those floors is

17:13:18 residential, and when permitted, nonresidential, and

17:13:20 that will key to the table.

17:13:22 The maximum building height.

17:13:25 What types of features would allow to be -- to encroach

17:13:28 into that height, be it a steeple, mechanical housing,

17:13:31 flagpoles and so on.

17:13:34 We have also got the miscellaneous standards to the

17:13:37 building form which keys you back to the residential

17:13:40 building form map, and then the exceptions.

17:13:44 We have got the third page, and this is -- like I said

17:13:47 for the single-family residential.

17:13:50 The third page shows you the parking placement layouts,

17:13:52 the parking setbacks and standards.

17:13:56 The basic parking rate for residential which is two

17:13:59 detached, one for the studio, one bedroom and so on and

17:14:09 then those requirements for parking and driveways.

17:14:12 And the purpose of me showing you these three pages is

17:14:17 if you note, we covered the principal structures, we

17:14:21 covered parking, driveway locations, we covered

17:14:25 setbacks, tight encroachment, accessory buildings, we

17:14:30 covered basic use and parking standards all within

17:14:34 three pages and the current standard we have today in a

17:14:38 narrative form approximately between four and six

17:14:39 different levels of code.

17:14:44 We are trying to consolidate that that a tabular and

17:14:47 graphical form so much more concise and easier to read

17:14:51 and you can see it in three pages.

17:14:53 But basically that wraps it up for that.

17:14:56 We did hold some open houses a few weeks ago at the

17:14:59 garden center which, by the way, for those of how did

17:15:01 that who are listening, beautiful building.

17:15:05 It is an amazing improvement.

17:15:09 We had a pretty good turnout and comments from that.

17:15:12 I know many of those people are here as well, if

17:15:13 anybody wants to speak to that.

17:15:16 If would you like, I will continue on with the next one

17:15:19 or want to take comment on this particular district.

17:15:20 >>THOMAS SCOTT: We need to go through and then we will

17:15:23 take public comment after.

17:15:24 >>CATHERINE COYLE: Okay.

17:15:27 And would like to reiterate that this is not -- for

17:15:30 those in the audience and for City Council, we are not

17:15:31 approving anything tonight.

17:15:34 This is simply transmittal to the Planning Commission,

17:15:38 the full public hearings will be January, February,

17:15:39 March.

17:15:43 Tab 2 is the barbed wire electric fence variance

17:15:48 regulations which I believe is a holdover from two

17:15:50 cycles ago.

17:15:52 Miss Coyle really drafted these provision.

17:15:56 What is it does is set a clearer standard for what the

17:16:00 Variance Review Board, what type of documentation needs

17:16:02 to be provided for that finding for that security need

17:16:05 and how they apply that variance criteria to granting

17:16:08 those electric and barbed wire fences.

17:16:15 I can certainly let her speak to that additionally.

17:16:18 >>JULIA COLE: Julia Cole, Legal Department.

17:16:20 Holdover language from a year ago, and we had some

17:16:23 discussions about the electric fence provisions in our

17:16:26 code and changing the regulations at that time.

17:16:29 City Council actually motioned for some language to

17:16:33 come forward into this cycle in terms of the standards

17:16:36 for review for electric fence.

17:16:39 I, in moving forward that language, also add in some

17:16:43 additional criteria for a variance, since these are

17:16:47 permits which are reviewed by the variance review

17:16:50 board, but the standards that were put into this code

17:16:53 were actually discussed and drafted by City Council to

17:16:55 move forward into that cycle.

17:16:56 So that's why they remained.

17:16:59 I recognize did you take action in the last cycle not

17:17:02 to move forward with some changes, but since this was

17:17:05 already in process, that is why this is in front of you

17:17:05 today.

17:17:14 Thank you.

17:17:15 >>CATHERINE COYLE: Thank you.

17:17:17 Tab 3 is actually the only privately initiated

17:17:23 amendment.

17:17:26 It is a fairly straightforward one and deals with our

17:17:29 fence and wall regulations as well, but it deals

17:17:32 strictly with the material that is allowed.

17:17:36 This particular one deals with allowing the galbanum

17:17:40 corrugated decorative panel for the framing and

17:17:43 structural bracing as an allowed material for fences

17:17:44 within the city.

17:17:48 Currently the only metal fences that are allowed are

17:17:53 chain-link and decorative wrought iron.

17:17:55 It is fairly specific in our code.

17:18:00 Chain-link wood, masonry or wrought iron or PVC

17:18:04 manufactured designed as a fence.

17:18:06 Limitation on fence material.

17:18:08 Background on this, there was a home that installed a

17:18:11 fence with this metal, and it went through a Variance

17:18:15 Review Board process.

17:18:19 They are actually trying to seek the code amendment to

17:18:20 allow their fence to remain.

17:18:23 But what I would like to stress to Council that if it

17:18:28 is put forward and approved in the generic form, these

17:18:31 types of fences could potentially be city wide.

17:18:33 No limit to be restricted to anything else.

17:18:36 Just a generic fence material and I believe they are

17:18:41 here to speak to that if you have any questions.

17:18:42 [coughing]

17:18:47 I am sorry, I have a bit of a cold.

17:18:50 Tab 4, you can actually skip over it, that is the

17:18:53 October 12 memorandum that you received a couple months

17:18:54 ago.

17:18:58 Tab 5 and 6 are slight modifications based on the

17:19:01 public comment we have received since October.

17:19:05 And you will note on the industrial portion, we did

17:19:11 receive two comments, one from Mr. Flack and the other

17:19:18 from Mr. DiAugusto from Kimmins with a follow-up E-Mail

17:19:20 from John Grandoff.

17:19:22 But what see in yellow are the changes -- the

17:19:25 modifications base on the comments from Mr. Flack and

17:19:27 they do clarify the language.

17:19:30 We did -- after speaking with him and understanding

17:19:34 what he does in particular, especially with electronic

17:19:37 devices and there is a recycling aspect to some

17:19:41 businesses that are really refurbishing equipment.

17:19:44 They take in pieces of equipment, computer equipment,

17:19:47 monitors and so on and do their best to refurbish them,

17:19:51 pull the good parts from certain things and re-create

17:19:53 that piece of equipment and some pieces they can't do

17:19:57 anything with so they do put them into lots and

17:19:58 essentially recycle them.

17:20:03 So what we made clear here is sorting and disposing of

17:20:05 universal race, and we did define "universal waste."

17:20:09 We did a little research on what that was, and that

17:20:13 does include -- if you note on page 3 of that -- that

17:20:19 does include a variety of waste that could contain

17:20:25 mercury, lead, cadmium, copper, other substances that

17:20:27 are considered hazardous but that are limited to

17:20:31 batteries, fluorescent tubes and electronic devices

17:20:33 that contain these hazardous materials.

17:20:36 After we did the research, it made sense to include

17:20:38 that language.

17:20:42 In blue, it is referencing the comment that came from

17:20:46 Kimmins that actually made sense after I looked at the

17:20:48 zoning atlas.

17:20:52 We had a limitation in IG to the -- to one acre.

17:20:59 And we had upped it to one and a half based to Mr.

17:21:02 Flack's comments and once I looked at the map and a

17:21:06 portion of the city's own recycling facility in McKay

17:21:11 bay is zoned IG, we could potentially be making

17:21:14 ourselves nonconforming but what I did in looking at

17:21:19 the zoning atlas east of 22nd on that side of the city,

17:21:22 significant amount of IG property and facilities and

17:21:23 storage areas.

17:21:26 I did include those properties east of 22nd street

17:21:30 across U.S. 41 within the city limits may exceed the

17:21:31 one acre.

17:21:34 A lot of those parcels are very large in acreage and a

17:21:36 mix of IG and IH.

17:21:39 So I did include that language as well.

17:21:41 >>CHARLIE MIRANDA: I am just -- just for the sake of

17:21:46 -- of measurements, you are looking at about, what, 207

17:21:48 feet to 314 feet or something like that?

17:21:49 Roughly?

17:21:51 >>CATHERINE COYLE: For?

17:21:53 >>CHARLIE MIRANDA: For one and a half acre?

17:21:59 >>CATHERINE COYLE: One and a half acre, 270 x 270 --

17:22:01 >>CHARLIE MIRANDA: You are squaring.

17:22:02 >>CATHERINE COYLE: Re, why I am squaring.

17:22:04 >>CHARLIE MIRANDA: I wanted to make sure my mind was

17:22:05 with you.

17:22:09 >>CATHERINE COYLE: Very large parcels east of 22nd.

17:22:12 Different than drew park the other side of the IG much

17:22:13 smaller parcels.

17:22:15 I had to play both sides on that.

17:22:21 The last piece is the alcoholic beverage language, and

17:22:26 Miss Kert and have I worked diligently I would say.

17:22:28 This language is basically the same from the concept we

17:22:30 presented since March of this year and all the

17:22:32 different workshops of Council.

17:22:34 It looks maybe a little bit longer and maybe has

17:22:37 additional language in it, only because we had changes

17:22:41 and do a code format and make it fit into the use table

17:22:42 with the correct footnote.

17:22:45 The one alteration that you will note is in gray on

17:22:47 page 2 --

17:22:53 >>CHARLIE MIRANDA: Excuse me, cathy, one from 1,000 to

17:22:57 250 from the alcohol?

17:23:00 >>CATHERINE COYLE: In certain locations.

17:23:02 I hadn't planned on going in detail because we had

17:23:05 numerous workshops and we can if you would like.

17:23:08 >>CHARLIE MIRANDA: The only thought I had was if you

17:23:10 have a hotel and you have another hotel coming in right

17:23:13 next door, you are still going to need waivers.

17:23:15 >>CATHERINE COYLE: The hotel doesn't actually have --

17:23:19 you -- if you apply -- if you apply as a hotel -- if

17:23:22 you apply as a hotel with 100-plus rooms and you are

17:23:25 getting that hotel license, there is no distance

17:23:26 separation.

17:23:28 >>CHARLIE MIRANDA: I wanted to make sure that was in.

17:23:30 >>CATHERINE COYLE: That's correct, yeah.

17:23:33 Just to reiterate, the purpose of this is everything

17:23:35 right now comes to City Council, whether it is a

17:23:40 7-Eleven coming in or a bar down the street coming in,

17:23:43 everything, a full realm and everything has 1,000 feet

17:23:45 and as we discussed time and time again, waivers are

17:23:46 granted for many different uses.

17:23:50 So what we wanted to take a very close look at, what is

17:23:52 the appropriate distance separation and what are the

17:23:55 actual criteria that Council wants to see in the

17:23:57 neighborhoods and the users want to see in certain

17:23:58 areas in the city.

17:24:02 And we carved out a certain section of uses, certain

17:24:06 group of uses including, you know, convenience goods,

17:24:12 shoppers good, basic retail sales, bowling alleys,

17:24:21 restaurants, bars, lounges, nightclubs, hotels.

17:24:27 And then we kept our large venue and small venue.

17:24:31 Hotel, bowling alley, shopper and retail goods, those

17:24:34 particular types of uses, time and time again they come

17:24:38 before you and are granted waivers, really no matter

17:24:41 where they are in the city, and those are things that

17:24:43 can really go administratively.

17:24:46 They take up time in the process and very expensive and

17:24:48 a reasonable use to allow alcohol with.

17:24:52 Then there is the bar, lounges and nightclubs.

17:24:56 Bars, lounges and nightclubs that we called out in the

17:25:00 entire city 1,000-foot separation, we will keep that

17:25:01 the same for all uses.

17:25:05 No outdoor amplified music and the sales cannot occur

17:25:06 within the parking areas.

17:25:10 Within the central business district a caveat they have

17:25:13 no outdoor amplified music after 1:00.

17:25:16 No more than three per city block so not a high

17:25:19 concentration in one city block downtown and they don't

17:25:21 sell within the parking and loading areas.

17:25:27 The restaurant, what we did is calling them special

17:25:30 restaurants, on-premise only.

17:25:32 What we call RS.

17:25:34 The sales are limited to 11 p.m. Sunday through

17:25:35 Wednesday.

17:25:37 1 a.m. Thursday through Saturday.

17:25:40 But they are allowed with the SRX license from the

17:25:45 state, the 1-COP or the 2-COP license from the State.

17:25:49 That the amplified music stops after 11 p.m. and there

17:25:51 are no sales within the parking areas.

17:25:54 We also kept a large venue and the small venue, and

17:25:57 those we kept in there for the purposes of those unique

17:26:00 uses that come forward, and they would be coming to you

17:26:00 as City Council.

17:26:04 They wouldn't be approved administrative -- City

17:26:04 Council.

17:26:08 They wouldn't be approved administratively.

17:26:11 Something strange, a dry cleaner who wants to sell

17:26:11 beer.

17:26:14 Something that is not one these standard use categories

17:26:14 with alcohol.

17:26:16 Those will still be coming to you and you would be

17:26:20 weighing the general standards and the criteria of the

17:26:22 small and large venue, the rest of the language

17:26:26 basically say stays the same with the current code with

17:26:28 the sidewalk cafes and temporary applications.

17:26:33 One other change that we did in our effort to simplify

17:26:36 things and we felt this across the board, Rebecca and I

17:26:43 did, the 1-APS, the 2-APS, the 4-COP, the 2-COP, it can

17:26:47 be confusing to many different levels to City Council

17:26:53 what a 4-COP is or 1-APS.

17:26:55 And to hear the classification and figure out what they

17:26:58 are and the conflicts we have between some of our

17:26:59 classification and the state.

17:27:03 State doesn't a 2-COP-X but we do.

17:27:07 What we are doing is getting rid of it, the acronym and

17:27:09 make it simpler.

17:27:14 Coming in for beer on-premise, off-premise, beer, wine

17:27:18 and liquor on-premise, off-premise.

17:27:22 Beer, beer-wine liquor, on or off.

17:27:26 And included revised definitions for bar-lounge,

17:27:30 incidental, nightclub, and restaurant.

17:27:33 That is it in a nutshell.

17:27:36 Pretty much what we have been rehashing in the last

17:27:38 several workshops.

17:27:40 We have got it in a code format.

17:27:42 We heard a couple of comments and I believe you will

17:27:44 hear them tonight and I will let the public speak to

17:27:47 that, and I will address any questions that you have.

17:27:48 And that's it.

17:27:50 >>THOMAS SCOTT: Any questions by Council?

17:27:52 Any questions?

17:27:52 Okay.

17:27:54 Then we will take public comment at this time.

17:27:57 If you wish to address Council, you may come forward at

17:27:58 this time.

17:28:01 Anyone from the public wish to address Council on these

17:28:13 items may come forward at this time, please.

17:28:17 >> Good afternoon, Councilmembers, my name is grace

17:28:20 yang with the gray Robinson law firm.

17:28:23 I participated in several of the public workshops,

17:28:26 specifically about the alcohol text amendments, and I

17:28:31 want to thanks Cathy, Becca and all the people involved

17:28:32 with all the input.

17:28:35 A lot of input and discussion and I wanted to ask for

17:28:37 your consideration and approval to move this on to the

17:28:38 Planning Commission.

17:28:41 I think the text amendments and the proposed changes

17:28:45 are steps in the right direction to try to improve the

17:28:48 way Chapter 27 works for alcohol uses.

17:28:49 Thank you.

17:28:50 >>THOMAS SCOTT: Thank you.

17:28:55 Next.

17:29:04 >> Good evening, Ann Pollack with Mechanik Nuccio.

17:29:06 I represent the owner of International Plaza Shopping

17:29:07 Center.

17:29:10 I had discussed this but it hadn't gotten into the

17:29:13 proposed changes, but we were -- the one concern we had

17:29:17 with the changes were that it provides that there

17:29:22 should be no amplified -- no outdoor amplified bars and

17:29:24 restaurants.

17:29:28 We support that coming from International Plaza which

17:29:32 has Bay Street which is pretty much an outdoor area

17:29:35 surrounded by the mall itself, we had -- we would

17:29:38 request that the language be slightly changed just to

17:29:43 say that no outdoor amplified music unless within a

17:29:46 large-scale Commercial development of 5,000 square feet

17:29:50 or more of gross floor area, and that is using language

17:29:54 that is already in the code.

17:29:57 And, you know, just -- it would allow us to use the

17:29:59 patio spaces.

17:30:02 And since, you know, it is surrounded by the mall, it

17:30:06 wouldn't affect the general public.

17:30:07 Thank you.

17:30:08 >>THOMAS SCOTT: We will have staff and legal to

17:30:10 respond to that.

17:30:13 Coil right now or --

17:30:18 >>THOMAS SCOTT: finish public comment and make a note

17:30:20 to respond to that request.

17:30:21 >> Good evening, Council.

17:30:23 Ron Rotella, Westshore Alliance.

17:30:28 At the last Council workshop, I asked in relationship

17:30:30 to restaurants and hotels in the Westshore Business

17:30:35 District that we address the issue of the hours of

17:30:35 operation.

17:30:39 You directed me to meet with staff and report back to

17:30:39 you.

17:30:44 We did meet with staff and our recommendation to you

17:30:50 would be is that in relationship to the hotels and

17:30:54 restaurants that are free standing with alcohol

17:30:59 consumption on premise, that the Westshore Business

17:31:01 District be treated like the other business districts

17:31:07 and be treated like the central business district.

17:31:08 >>THOMAS SCOTT: Okay.

17:31:12 Another one that needs to be spoken too.

17:31:12 Okay.

17:31:14 >> Steve Michellini.

17:31:17 I am here on behalf of the electric fence company.

17:31:22 And basically, off proposal before you which is in a

17:31:25 cycle because of a Council motion, and a couple months

17:31:28 ago you decided not to move forward with any action,

17:31:33 and we respectfully ask that you continue in that mode.

17:31:35 To take no action on this current proposal.

17:31:39 It is unreasonable to expect a business to endure two

17:31:41 years of losses before they are able to file for a

17:31:42 security system.

17:31:46 You wouldn't put that restriction on a bank or a car

17:31:49 dealership or a jewelry store or any kind of retail

17:31:50 shop or anyone else.

17:31:54 So it is an unreasonable request, and we are just

17:31:56 asking that the current rule remain in effect and you

17:31:59 take no action on this proposal.

17:32:04 >>THOMAS SCOTT: Thank you.

17:32:08 >> Christie House, 1011 Broad Street.

17:32:12 I am the old Seminole Heights crime watch coordinator

17:32:17 and I would respectfully ask that you let the code that

17:32:21 Cathy has written and spent quite a bit of time

17:32:23 addressing concerns of the neighborhood as far as

17:32:25 electric fences concerned go through.

17:32:30 There are a lot of other means to keep your business

17:32:33 safe in the Commercial corridors and in the residential

17:32:37 areas that do not require electric fences.

17:32:40 I have -- every time the electric fence comes up, I

17:32:45 requested TPD to provide stats to show the need for

17:32:47 electric fences.

17:32:50 And every single case, they have not met the criteria

17:32:54 of showing that there has been sufficient criminal

17:32:58 activity to justify putting in electric fences in our

17:32:58 neighborhood.

17:33:03 So I would like to allow this code to move forward, and

17:33:05 let's see how it works.

17:33:07 I think it would be beneficial.

17:33:11 It would stop some of the changes that keep coming up,

17:33:15 the request for electric fences, and put back on the

17:33:17 businesses to show that they have done their due

17:33:22 diligence in trying keep their property safe from

17:33:22 criminal activity.

17:33:24 Thank you.

17:33:29 >>THOMAS SCOTT: Next speaker.

17:33:34 >> Susan Long, Spot Street.

17:33:36 One I want to support what Christie just said, but

17:33:39 another thing, we survey several cities in the area.

17:33:44 Temple terrace does not allow any electric fences.

17:33:49 St. Petersburg do not allow electric fences.

17:33:52 Orlando does not allow electric fences.

17:33:53 Why are we the only city.

17:33:55 Sarasota does not allow electric fences.

17:33:58 There are others -- I can't think of them off the top

17:33:59 of my head.

17:34:02 I am very concerned we are focusing on a environment

17:34:04 that is quick date.

17:34:06 There are many, many different ways to protect your

17:34:08 privacy -- property without having electric fences and

17:34:12 I would like for Tampa to enforce the ordinance as

17:34:13 written, thank you.

17:34:14 >>THOMAS SCOTT: Thank you.

17:34:16 Next speaker.

17:34:24 >> Hi, Robin Milkowitz, east Hamilton avenue and I

17:34:26 would like to talk to garden.

17:34:29 We appreciate the fact this is back on agenda and you

17:34:30 are considering it again.

17:34:32 There are couple of things we really like to get

17:34:35 changed but if we need to address this later we would

17:34:38 like to see that it gets passed tonight and we hope

17:34:39 that you will be able to pass it tonight.

17:34:42 One of the things we are hoping to see that the permit

17:34:46 fees will be at the recommended level that Kathy Coyle

17:34:50 say said the last time we met at $140 which would allow

17:34:53 the administration to process application fees.

17:34:56 And then we were also hoping to address a few of the

17:35:00 items on the -- on the ordinance as it is written now,

17:35:02 but we can address that at a later time.

17:35:04 We are just really hoping that you will be able to pass

17:35:05 it tonight.

17:35:05 Thank you.

17:35:06 >>THOMAS SCOTT: Thank you.

17:35:10 Next speaker.

17:35:14 >> Good evening, Council, Richard Pedorica.

17:35:16 West Linebaugh.

17:35:20 I also hope that the community gardens language can

17:35:23 move forward, but I would also like to suggest some

17:35:27 changes if there is some further consideration.

17:35:30 I prepared some packets for the Council, if I can

17:36:10 distribute those.

17:36:13 >> Just a few points I would like to mention, there is

17:36:15 a restriction placed on where the properties are

17:36:18 allowed and it lists a number of residential zoned

17:36:20 districts and two industrial zoned districts.

17:36:24 And I would like to challenge the restriction on

17:36:25 industrial general.

17:36:31 You will see in the orange highlighted area that the

17:36:33 intent -- part of the characteristic of that district

17:36:38 is to relate to adjoining residential property.

17:36:44 And I wouldn't want to restrict the ability to start a

17:36:46 community garden in areas that have already been

17:36:50 discussed tonight like Drew Park or Gary.

17:36:52 I would like for the Council to consider that.

17:36:56 On the second page, I would like to point out some

17:37:02 restrictions on the -- in the language on special uses.

17:37:07 And contrast that with some of the language for other

17:37:12 not necessarily related uses but just I want Council to

17:37:20 realize that these are pretty conservative restrictions

17:37:22 that aren't in place for almost any other use in terms

17:37:24 of alcohol.

17:37:28 Alcohol beverage sales and pets aren't mentioned at all

17:37:35 except in terms of home occupation related to animal

17:37:36 shelters and stuff like that.

17:37:39 I think these issues should be regulated by the guards

17:37:46 themselves and not be put toward code restriction.

17:37:47 I appreciate your time.

17:37:50 >>THOMAS SCOTT: Thank you.

17:37:56 Next speaker.

17:38:02 >> My name is Ingrid Smith, Tampa.

17:38:08 And in regard to the fencing, I agree with Christie and

17:38:12 what Susan Long had presented as far as going forward.

17:38:16 With the text as it is.

17:38:18 There is no reason to have the barbed wire or the

17:38:20 electric fences.

17:38:23 Tampa sometimes gets described as a mean city, more in

17:38:24 the way we look.

17:38:31 And so -- and with the -- with the county as far as

17:38:34 more urban development coming inward to the city, we

17:38:37 don't need to be putting up barbed wire around us.

17:38:40 You wouldn't want it right across from city hall.

17:38:43 Community garden, if we can also go forward with that,

17:38:47 but where there are already city ordinances in regards

17:38:53 to the dogs and fireworks, let that be -- by ordinances

17:38:55 already in effect, creating a second tier.

17:39:01 And also if we have a high fee, that will essentially

17:39:04 kill community gardens so keep the administrative cost

17:39:08 in the 140 range that Robin had mentioned.

17:39:13 The form-based zoning, also I attended the worst

17:39:20 workshops on that and we would like to see have the SH

17:39:23 code dedication for the properties on there instead of

17:39:26 just creating an overlay without actually having the

17:39:32 property be designate as sh-50.

17:39:36 But with the Seminole Heights in front, we had some

17:39:38 houses on Central Avenue which were more like

17:39:43 McMansions you would see in South Tampa.

17:39:47 If you have somebody downtown who works in permits, and

17:39:50 may not recognize the addresses in Seminole Heights,

17:39:53 and, therefore, approve something that doesn't really

17:39:54 fit with our overlay.

17:39:59 So I would like to see that go forward but with the sh

17:40:01 designation on the parcels.

17:40:03 Thank you.

17:40:03 >>THOMAS SCOTT: Okay.

17:40:08 Thank you.

17:40:13 >> Good evening, Council, Wendy Casill, Business

17:40:16 Director for electric guard dogs and electric security.

17:40:19 I am here to speak on behalf the ordinance as it sits

17:40:19 right now.

17:40:23 This ordinance was discussed ad nauseam three years ago

17:40:24 whenever it was passed.

17:40:27 A good ordinance at the time and we still believe it to

17:40:29 be a good ordinance and we need to remember this is not

17:40:31 a Seminole Heights ordinance.

17:40:35 This is a city wide ordinance that applies to, you

17:40:37 know, many of the small businesses that basically are

17:40:39 very at risk.

17:40:41 It they do not have a way to protect their businesses

17:40:43 and their outside storage.

17:40:47 Basically if they are allowed by code to have outside

17:40:50 storage, they should be allowed by that same code to

17:40:52 protect that outside storage.

17:40:55 It is not an archaic system, it is more of a

17:40:56 state-of-the-art system and security.

17:41:01 That's why a lot of the codes do not even speak to it

17:41:05 as a security system because they didn't consider a --

17:41:08 when they wrote codes against electric fences, they

17:41:11 didn't consider them as a security fence, more of a

17:41:13 cattle fence is what they were trying to keep out of

17:41:15 cities.

17:41:18 And I also would like to offer up several of the

17:41:19 Florida cities that do allow it.

17:41:22 Several of your Florida neighbors over the past two

17:41:27 years that I have been working with the code have been

17:41:29 -- have approved of these fences.

17:41:32 Orange County, which is Orlando.

17:41:34 Hillsborough County right here has approved it many

17:41:34 times.

17:41:38 These are through variance processes and they do

17:41:40 approve them and we are asking that the variance

17:41:43 process -- if the code stays as it is, the variance

17:41:46 process of course will still be in play and the VRB

17:41:49 board will have an opportunity to review each and every

17:41:52 case and make a decision.

17:41:58 Pierce, Boynton Beach, Rivera Beach, St. Lucie County,

17:42:06 Lakeland, Port St. Lucie, Ft. Myers, Hollywood, Pompano

17:42:06 beach.

17:42:09 We have worked with the Village of Palm Springs.

17:42:13 I mean, there are many, many, many places in the State

17:42:14 of Florida that do allow this.

17:42:17 We are currently working with New Port Richey.

17:42:18 I expect that to be approved also.

17:42:22 We ask that you do leave the ordinance as it was

17:42:25 discussed and agreed upon, the one that is existing.

17:42:27 It will still go in front of a review board and still

17:42:31 be decided on a case-by-case basis and does provide

17:42:35 these small businesses should not have to endure two

17:42:39 years' worth of theft in order to put a security system

17:42:40 in your house.

17:42:43 You wouldn't ask a personal residence to get robbed for

17:42:46 two years before you let them put in a security system

17:42:49 and it is as our presentation -- we have spoken before,

17:42:54 it is a very, very, very safe system.

17:42:55 Criminals don't realize that.

17:42:57 It is a deterrent system.

17:42:58 I touch it.

17:43:01 Our service techs touch it.

17:43:04 It is not going to electrocute anybody.

17:43:06 It is not going to hurt anybody, but it is a great

17:43:07 deterrent.

17:43:12 Thank you.

17:43:15 >> Good evening, Mr. Chairman and members of Council.

17:43:19 My name is Gary Ellsworth, and I like to say I live

17:43:21 somewhere else in the city, but unfortunately I live in

17:43:22 Seminole Heights too.

17:43:25 For the purpose of the discussion on chain-link fences,

17:43:29 another person heard from Seminole Heights, I think the

17:43:31 issue we have concern of is the close proximity of our

17:43:34 businesses to our neighborhoods.

17:43:37 And what we are talking about is protecting our stuff.

17:43:40 In my residence, I had the same car.

17:43:44 Somebody attempted to steal it twice within a year.

17:43:47 Does that mean that I can put up barbed wire or razor

17:43:51 wire around a rs-50 lot to protect my stuff?

17:43:53 Why is Commercial property stuff any more important

17:43:54 than mine.

17:43:58 I think the issue this it comes down to is the close

17:44:01 proximity of some Commercial areas to residential.

17:44:03 And when they butt up against each other, it is just

17:44:08 hard for us to find any good reason to have razor wire

17:44:09 or electric fences.

17:44:14 I think that's where the flaw is in this ordinance.

17:44:17 There may be some areas of the city where -- where this

17:44:20 would be acceptable, but it be Seminole Heights, South

17:44:25 Tampa, new Tampa, any part of the city I think where

17:44:27 Commercial borders against residential property, I

17:44:30 don't find this appropriate, unless, of course, we want

17:44:33 to let everybody put up razor wire to protect their

17:44:35 stuff and then we will have anybody with criminal

17:44:39 activity having razor wire on their houses.

17:44:40 Thank you.

17:44:43 >>THOMAS SCOTT: Thank you.

17:44:47 Anyone else from the public?

17:44:50 Okay, thank you.

17:44:52 >>CATHERINE COYLE: Thank you, Council -- Catherine

17:44:53 Coyle for record.

17:44:55 I did speak with miss Pollack.

17:44:59 She came before you and talked about the large-scale

17:45:02 developments and music in International Plaza in

17:45:02 particular.

17:45:05 I did speak with her earlier to and I referenced that

17:45:09 language to her about the 500,000-square-foot

17:45:09 Commercial establishments.

17:45:12 And I have no objection to adding that particular

17:45:19 language to D-2 and E-3 of the proposed changes in tab

17:45:19 6.

17:45:22 And I would submit that for the record for to you

17:45:26 transmit as well.

17:45:28 Also on the alcohol regulations, I spoke with Mr.

17:45:32 Rotella earlier today as well, and language he is

17:45:39 referencing specifically is what is highlighted in tab

17:45:42 6 under gray.

17:45:46 This is for the downtown where hours of operation for

17:45:50 special restaurants follow chapter 3 in the CBD which

17:45:50 is the 3 A.M.

17:45:52 Limited to downtown though.

17:45:56 What Mr. Rotella is asking for the Westshore Business

17:45:59 Center and three business centers in the city comp

17:46:03 plan, you have to ask which is USF Proper, Westshore

17:46:06 Business Center that does not include the residential.

17:46:08 It is literally the Commercial area.

17:46:09 And downtown.

17:46:11 He is asking to be treat the same for the restaurant

17:46:14 category, as well as hotels.

17:46:17 Hotels don't have an hour limitation, just so you know.

17:46:21 They are actually exempt from that criteria because

17:46:22 they are a 24-hour operation.

17:46:28 I have no objection as well including it for the

17:46:30 business center for hours of operation given they are

17:46:31 the second business center in the city.

17:46:35 There are two main business centers with USF being the

17:46:36 third.

17:46:37 >>THOMAS SCOTT: So pretty much it would be the

17:46:40 business area --

17:46:42 >>CATHERINE COYLE: Literally just the Commercial area.

17:46:45 >>THOMAS SCOTT: The Commercial area not affect the

17:46:47 residential neighborhood.

17:46:48 >>CATHERINE COYLE: Correct.

17:46:50 I have no objection if Council wants to transmit that

17:46:51 change.

17:46:52 I can make that change.

17:46:56 Back to you community garden language.

17:46:58 That really is Council's direction.

17:47:00 That has been in several cycles.

17:47:04 If Council so chooses as a policy change to allow pets

17:47:08 and to allow alcohol consumption, I really have no

17:47:10 issue or objection to that.

17:47:12 Those were two holdovers that have been discussed

17:47:14 previously and stayed in.

17:47:18 If Council from a policy standpoint wants to change

17:47:21 those two particular provisions and allow it also an

17:47:27 IG, I have no objection to that.

17:47:31 Objection with alcohol in the gardens.

17:47:35 I don't have -- see the need to have alcohol in the

17:47:36 gardens.

17:47:39 Pets may be okay but I can't go along with the alcohol.

17:47:41 >>CATHERINE COYLE: A similar discussion to what you

17:47:42 said about the alcohol.

17:47:45 As I said really your policy decision at this point.

17:47:49 >>THOMAS SCOTT: Councilwoman Mulhern and then --

17:47:51 >>MARY MULHERN: I think -- we really want to get this

17:47:54 passed and we all have been working on this for a long

17:47:59 time, and I really appreciate your -- Cathy, you

17:48:03 hanging in there with us and helping us with this.

17:48:06 I am not sure -- you know, I don't see -- I am not sure

17:48:09 how you can limit -- I mean, it seems kind of -- what

17:48:13 is the limitation on alcohol?

17:48:15 >>CATHERINE COYLE: Just there is no consumption on the

17:48:17 site.

17:48:19 You couldn't necessarily have a beer while you are

17:48:20 gardening.

17:48:22 >>MARY MULHERN: Seems a little extreme considering you

17:48:27 don't tell anyone they can't -- private -- it is going

17:48:29 to be private property for the most part.

17:48:32 If they are in a park, at least right now, we haven't

17:48:37 went -- so that doesn't look like what we are talking

17:48:37 about.

17:48:40 We are talking about private property, right?

17:48:42 >>CATHERINE COYLE: I am --

17:48:45 >>MARY MULHERN: I am not going to get hung up on it

17:48:46 but I don't understand that.

17:48:47 Or the pet thing.

17:48:49 If you have your pet on a leash and you are walking the

17:48:51 pet in the neighborhood and you happen to go to the

17:48:54 garden and do weeding, you take care of your pet.

17:48:57 That seems strange to me too.

17:49:02 Now my question on the -- on the zoning.

17:49:10 I had had a long conversation with Chip Fletcher about

17:49:13 this, and I don't know -- I don't see why we are

17:49:15 restricting these.

17:49:18 And I am sorry that I hadn't caught that before, you

17:49:19 know.

17:49:21 It has -- it has been through several cycles, but the

17:49:24 problem was I guess that was in there at the beginning

17:49:25 and I didn't see it.

17:49:28 I didn't notice it until it came back from the planning

17:49:33 commission that we were accepting RS-100 and RS-75 and

17:49:35 RS-150 and IG.

17:49:41 And I don't know, Chip, if he is around tonight, but we

17:49:48 have a long discussion about it, and he didn't see any.

17:49:50 >>CATHERINE COYLE: That is also -- that is also your

17:49:51 decision as well.

17:49:54 You want in all districts you can have it in all

17:49:54 districts.

17:49:56 >>MARY MULHERN: I don't know why you can't have a

17:49:59 garden on a small lot but on a little bigger lot.

17:50:01 There might be neighborhoods who want to have a garden

17:50:04 and won't be able to because the lot sizes are bigger

17:50:06 and they have an empty lot.

17:50:09 >>CATHERINE COYLE: If you so choose to transmit it, I

17:50:11 would recommend that you transmit it with whatever

17:50:13 minor changes you want.

17:50:15 Eliminating the alcohol consumption requirement, pets

17:50:18 and allowing it in all districts, I would transmit it

17:50:20 that way.

17:50:21 >>MARY MULHERN: Okay.

17:50:24 >>CATHERINE COYLE: With that, unless there is any other

17:50:25 discussion --

17:50:27 >>MARY MULHERN: I will hear what everybody else thinks

17:50:28 about this.

17:50:31 >>YVONNE CAPIN: Well, I am going to go back to the

17:50:34 Westshore Business District.

17:50:36 >>THOMAS SCOTT: What I would like to do is take each

17:50:39 one at a time and that by a we can get a consensus from

17:50:41 Council.

17:50:42 Go ahead.

17:50:44 You have the floor.

17:50:47 >>YVONNE CAPIN: The Westshore Business District, can

17:50:52 you tell me what the bond -- when you say the

17:50:55 Commercial only, what Commercial?

17:50:57 Westshore Boulevard?

17:50:58 What is it?

17:51:00 >>CATHERINE COYLE: No actually north of that.

17:51:03 It includes Westshore Mall.

17:51:07 It includes in and around the airport, International

17:51:08 Plaza.

17:51:13 The large strip northwest shore along Cypress, along --

17:51:15 I wish I had the map for me.

17:51:17 I wish -- it is not very large.

17:51:21 It is all on blue in the map on the camp plan.

17:51:24 It is designated in the comprehensive plan.

17:51:27 >>YVONNE CAPIN: This is what we are talking about?

17:51:28 >>CATHERINE COYLE: That's it.

17:51:31 >>YVONNE CAPIN: I don't need to see it now but I would

17:51:32 like to.

17:51:33 >>CATHERINE COYLE: I will bring that to first reading.

17:51:36 >>THOMAS SCOTT: Councilman Miranda.

17:51:38 >>CHARLIE MIRANDA: Thank you Mr. Chairman.

17:51:41 There are numerous things -- a lot of voluminous things

17:51:44 to read today and any notification at all on the

17:51:47 community garden to the neighborhoods itself?

17:51:50 >>CATHERINE COYLE: A Special Use 1, so an

17:51:51 administrative review.

17:51:53 >>CHARLIE MIRANDA: No notification.

17:51:56 >>CATHERINE COYLE: Not as a requirement.

17:51:58 >>CHARLIE MIRANDA: I can live in any street and have

17:52:01 an empty lot and no matter -- just do what I want and

17:52:03 you can sell out of that lot, right?

17:52:04 Commercial?

17:52:05 >>CATHERINE COYLE: No.

17:52:07 As a residential lot, no.

17:52:10 You are only allowed to have four sale events a year.

17:52:13 >>CHARLIE MIRANDA: Well, you said no and then you said

17:52:14 four a year.

17:52:16 >>CATHERINE COYLE: Well, in general, you can't just

17:52:16 sell --

17:52:19 >>CHARLIE MIRANDA: But you can sell for a year.


17:52:21 >>CATHERINE COYLE: You can, much like --

17:52:22 >>CHARLIE MIRANDA: Even though we have it and I don't

17:52:24 think we enforce it.

17:52:27 I don't believe you can have -- how many garage sales

17:52:29 you can have a year?

17:52:32 >>CATHERINE COYLE: I believe four or six.

17:52:34 >>CHARLIE MIRANDA: Do we enforce it?

17:52:35 The answer is no.

17:52:37 I have seen hundreds in the same place.

17:52:38 The answer is no.

17:52:39 So who are we kidding.

17:52:42 We are not going to enforce this.

17:52:44 If we are not enforcing what we have on the books now,

17:52:47 how are we going to enforce something that is similar.

17:52:48 It is not going to happen.

17:52:52 I am not talking to you directly, please don't take

17:52:54 offense.

17:52:56 >>CATHERINE COYLE: We enforce when we receive

17:52:57 complaint.

17:52:59 It is a complaint driven system, correct.

17:53:01 >>CHARLIE MIRANDA: If you have a house and want to

17:53:04 plant something in the back and give away, sell it, I

17:53:07 don't care if you drink a beer, it is your house.

17:53:09 But once you go into something that is going to be

17:53:15 something to sell, then it changes the complexion of

17:53:16 things in my mind.

17:53:19 Not the same -- in fact the whole City of Tampa at one

17:53:21 time was community gardens.

17:53:24 Nobody had their own thing.

17:53:24 They eat.

17:53:27 Used to have a cow, pig, anything you want in the back

17:53:28 yard.

17:53:29 No longer like that.

17:53:32 So it's -- it sounds great --

17:53:34 >>CATHERINE COYLE: The sales is a policy decision on

17:53:36 your part as well.

17:53:40 Each one of these criteria Council can alter, eliminate

17:53:41 or add to.

17:53:46 >>CHARLIE MIRANDA: I am bringing this up as

17:53:51 precautionary because you can have automobile shops.

17:53:53 I am not trying to be funny.

17:53:57 >>CATHERINE COYLE: Trust me I live in that world.

17:53:59 >> What I am saying is these things sound great.

17:54:02 I am not trying to be smart or anything, but you get

17:54:03 the drift.

17:54:04 >>CATHERINE COYLE: I do.

17:54:10 >>CHARLIE MIRANDA: It's a fact.

17:54:13 >>THOMAS SCOTT: I will tell you then, what we need to

17:54:16 do is walk -- do we need to make a motion for each of

17:54:17 you.

17:54:19 >>CATHERINE COYLE: I will walk you through.

17:54:21 >>THOMAS SCOTT: Why don't we walk through and I need

17:54:24 to hear from legal on the okay to move forward to

17:54:29 changing the language and if they foresee any problems.

17:54:31 >> Rebecca Kert, Legal Department.

17:54:34 I don't see any problem with the changes proposed so

17:54:35 far.

17:54:38 >>THOMAS SCOTT: Let's start International Plaza,

17:54:41 500,000 square feet.

17:54:42 >>CATHERINE COYLE: Would you mine we can start in

17:54:44 order of the document?

17:54:45 >>THOMAS SCOTT: All right, be my guess.

17:54:47 You go right away.

17:54:49 >>CATHERINE COYLE: Only because I have it before me.

17:54:51 >>THOMAS SCOTT: I was thinking more of the amendment

17:54:56 and changes, but go ahead, I will follow your lead.

17:54:58 >>CATHERINE COYLE: Go to Seminole Heights district.

17:55:02 I would recommend that you transmit that to the

17:55:02 Planning Commission.

17:55:04 >> So moved.

17:55:08 >>THOMAS SCOTT: Moved by Councilman Miranda, seconded

17:55:11 by Councilwoman Miller.

17:55:13 Anyone opposed.

17:55:16 >>CATHERINE COYLE: Additional criteria for the vrb,

17:55:19 BLC and ARC for electric and barbed wire fences.

17:55:21 This is completely up to Council.

17:55:24 You have heard from the public on this issue.

17:55:26 A holdover from two cycles go.

17:55:30 >>GWEN MILLER: So moved we keep it as it is.

17:55:32 >>CURTIS STOKES: Second.

17:55:34 >> It would be not to transmit.

17:55:36 >>CATHERINE COYLE: Not to transmit.

17:55:39 >>GWEN MILLER: The motion as written as is.

17:55:41 >>CATHERINE COYLE: To transmit as is.

17:55:43 There were no proposed changes to it.

17:55:44 >> If I can clarify that.

17:55:48 I believe what you have in front of you is what is

17:55:49 proposed.

17:55:53 That is not presently what exists on the books now.

17:55:57 And I believe the public -- my understanding from the

17:56:00 public is that they had concerns about what is being

17:56:03 proposed to be transmitted and they asked that what you

17:56:05 have presently on the books not be changed.

17:56:08 That is the gist of what I had understood.

17:56:10 >>CATHERINE COYLE: No, that was the -- Mr. Michellini

17:56:11 and his client.

17:56:14 The public had the opposite comment.

17:56:16 Yes.

17:56:19 >>GWEN MILLER: My motion -- what Mr. Michellini and

17:56:23 the other lady stay as it is the way they want it.

17:56:25 >>CATHERINE COYLE: Your motion to leave the current

17:56:29 language and not to transmit and remove from the cycle.

17:56:34 >>THOMAS SCOTT: Okay, I -- okay, yes.

17:56:42 >>MARY MULHERN: I need to have some clarification on

17:56:49 this because I am sorry I was a little late tonight.

17:57:00 This language and the motion is allowing electrified

17:57:00 fences.

17:57:01 >>CATHERINE COYLE: No.

17:57:04 In current code they are not allowed unless you get a

17:57:05 variance.

17:57:06 >>MARY MULHERN: Okay.

17:57:08 >>CATHERINE COYLE: The change the Council put forward

17:57:10 before the existing language is, you have to

17:57:11 demonstrate a security need.

17:57:13 >>MARY MULHERN: Okay.

17:57:15 >>CATHERINE COYLE: That is the criteria.

17:57:16 >>MARY MULHERN: Right.

17:57:18 >>CATHERINE COYLE: The issue with that criteria is it

17:57:19 is very, very limited.

17:57:22 It doesn't say anything beyond that.

17:57:25 What you are spelling out is the type of documentation

17:57:28 you can provide to demonstrate that security need and

17:57:31 how the Variance Review Board reviews that criteria and

17:57:33 that documentation to make a finding whether or not

17:57:35 there is a security need.

17:57:40 It is -- it is a better spelled-out process in some

17:57:45 people's minds.

17:57:47 >>MARY MULHERN: The public that spoke tonight does not

17:57:51 want us to make that change, is that right?

17:57:52 >>CATHERINE COYLE: The people from Seminole Heights

17:57:54 wants to you move forward with the language.

17:57:57 Mr. Michellini and his clients do not want you to in

17:57:58 general.

17:58:00 >>MARY MULHERN: I met the residents.

17:58:02 >>CATHERINE COYLE: The residents.

17:58:04 >>MARY MULHERN: Everybody is part of the public.

17:58:05 Okay.

17:58:07 >>THOMAS SCOTT: Did you finish?

17:58:13 >>MARY MULHERN: I just needed to get that clarified.

17:58:16 >>THOMAS SCOTT: The question in my mind and probably a

17:58:18 rhetorical question, but is this city wide?

17:58:19 >>CATHERINE COYLE: Yes.

17:58:21 >>THOMAS SCOTT: Will affect not only Seminole height

17:58:26 but East Tampa, West Tampa, South Tampa, North Tampa.

17:58:29 >>CATHERINE COYLE: It already does, yes, the current

17:58:33 law already allows, yes.

17:58:38 >>THOMAS SCOTT: So what we have tonight is -- is more

17:58:41 of a -- has been identified as more of a process in

17:58:45 terms of the variance whereby we don't have a process

17:58:45 now?

17:58:46 Is that what I am hearing?

17:58:48 >>CATHERINE COYLE: It is a -- yes.

17:58:51 >>JULIA COLE: Julia Cole, Legal Department.

17:58:54 Really two parts for what is in front of you.

17:58:56 One is a procedural change which is taking what is a --

17:59:01 currently a permit and having it reviewed as a

17:59:01 variance.

17:59:08 The second part is creating more restrictive standards

17:59:14 for obtaining the permit or the variance.

17:59:18 Right now the way the language reads is it provides an

17:59:20 opportunity to receive an electric fence permit from

17:59:25 the Variance Review Board if there is a security need

17:59:26 shown.

17:59:30 There is no elaboration on what security need.

17:59:34 >>THOMAS SCOTT: They grant permits?

17:59:36 >>JULIA COLE: Right now through your code the variance

17:59:39 board granting permits which is a little bit of

17:59:41 an anomaly.

17:59:43 You can delegate that authority to them, but what they

17:59:46 do for their processes, they grant variances so that's

17:59:48 why the first part of this was recommended by the Legal

17:59:50 Department was if we are going to have this go to the

17:59:54 Variance Review Board it should be a variance.

17:59:56 The second part of this came from discussions that

17:59:59 happened at Council relating to whether or not simply

18:00:04 showing a security need is enough should there be some

18:00:07 more review required or some more restrictions on what

18:00:10 that means to show a security need.

18:00:14 And that is -- I think was mentioned an increase of --

18:00:16 you have to show two years.

18:00:21 In the past of break-ins And those kinds of things.

18:00:22 It really is a two-part change.

18:00:26 One is procedural and the other is to increase the

18:00:31 requirement of a petitioner who is requesting an

18:00:32 electric fence.

18:00:35 >>THOMAS SCOTT: Let me can a question, is government

18:00:38 again intervening and establishing more regulations and

18:00:38 rules?

18:00:45 >>JULIA COLE: This will be more regulations and I

18:00:48 don't want to opine on rest of it.

18:00:50 Procedural is always necessary in making decision.

18:00:54 I am a believer in procedure and everybody knows that,

18:00:56 but the second part is actually increasing an

18:01:03 obligation on a property own as to what they need to

18:01:06 show when they make request.

18:01:08 >>THOMAS SCOTT: The climate today is they want less

18:01:12 government and less taxes and less government

18:01:14 intervention in terms of creating more rules and

18:01:17 regulations that will hamper businesses from

18:01:18 functioning and operating.

18:01:25 I guess my question now is how much of a negative

18:01:32 impact would this have on businesses.

18:01:33 Is there a negative

18:01:45 >>MARY MULHERN: I want to address that because we have

18:01:50 been talking about it through many cycles and we heard

18:01:53 a lot of testimony and you have to make that decision

18:02:04 yourself and I remember hours of talk about whether it

18:02:05 was necessary and whether the electrified fences

18:02:16 actually provided additional protection for people I

18:02:19 really think that -- it is interesting that you bring

18:02:25 up the Variance Review Board deciding this where maybe

18:02:29 Council or Land Development and legal would maybe come

18:02:34 up with more specific guidelines so it would be

18:02:36 administrative so you wouldn't have to go get a

18:02:38 variance to do something.

18:02:41 So one way or the other, whether we are going to allow

18:02:45 this type of fence or that type of fence, I think what

18:02:54 we are doing is, you know -- I totally trust Miss Cole

18:02:58 this might give us a better legal stance if we define

18:03:03 more what security -- you know how you define a

18:03:04 security risk.

18:03:08 But I think it is a policy decision on whether we want

18:03:10 to have electric fences next to neighborhoods.

18:03:14 And we just have to decide that.

18:03:16 >>THOMAS SCOTT: And that's true.

18:03:19 That is a valid question, but the question for me is,

18:03:24 is -- do we want to blanket that across the entire

18:03:24 city.

18:03:26 I don't know how we do that.

18:03:31 Seminole Heights have a valid argument that you have

18:03:33 businesses right in the middle of neighborhoods versus

18:03:38 where maybe in New Tampa or North Tampa, that not the

18:03:38 case.

18:03:41 The question becomes, how do you balance that out?

18:03:42 That is my concern.

18:03:47 I do not -- I do not want electric fences in Seminole

18:03:50 Heights right where there are neighborhoods and that

18:03:52 sort thing, but at the same time, that is not the case

18:03:58 in New Tampa, maybe not the in South Tampa and other

18:03:59 places.

18:04:02 And so that becomes --

18:04:06 >>MARY MULHERN: You want electric fences in New Tampa.

18:04:10 >> If it deters crime, yes.

18:04:12 >>MARY MULHERN: Do you have any right now?

18:04:14 >> Yes, we do have crime.

18:04:16 >>MARY MULHERN: Do you have electric fences?

18:04:20 >>CURTIS STOKES: The thing to me, Chairman Scott or

18:04:24 Reverend Scott, when comes to neighborhood input.

18:04:26 Last week we had a group neighborhoods, individuals in

18:04:32 here voicing their concerns about a neighborhood issue,

18:04:35 and there wasn't these passionate pleas about

18:04:37 neighborhood input.

18:04:41 Now we were hearing about an ordinance that will

18:04:43 protect businesses and you have to demonstrate two

18:04:50 years of -- to justify the -- the purpose of a fence

18:04:51 and protecting your property.

18:04:55 It -- I agree with you, any time you -- government

18:04:58 intervenes in the life of business, I don't think it is

18:04:59 a good thing.

18:05:01 I think there should be less government, less

18:05:05 regulation, and allow the market to dictate how

18:05:09 businesses thrive and how businesses succeed.

18:05:12 Seminole heights is a great neighborhood, but I think

18:05:17 the fence -- if we leave ordinance as is, I think it

18:05:19 will accomplish everyone's goals.

18:05:20 >>THOMAS SCOTT: Do you want to speak to that.

18:05:22 >>CATHERINE COYLE: If I could just clarify and I want

18:05:26 to remind Council that these fences, they are into the

18:05:30 allowed unless they are granted a variance and that is

18:05:34 the issue with the criteria and procedure that Miss

18:05:34 Cole referenced.

18:05:37 A two-part amendment.

18:05:39 Two years or five years or no years.

18:05:41 The issue this happens today if someone wants an

18:05:44 electric fence, they are not allowed to get a permit

18:05:47 unless they go to the Variance Review Board and

18:05:49 Variance Review Board hears in variance request

18:05:53 electric fences and the only thing they have before

18:05:58 them and put yourselves in their shoes is is there a

18:06:02 security need, the limit of that decision.

18:06:04 What does that mean?

18:06:06 It can be difficult for people in the public to counter

18:06:08 that and can be difficult for the applicant to

18:06:10 demonstrate that, and also difficult for the board

18:06:13 members to decide what that really is, and these

18:06:16 provisions are trying to clarify whether there is a --

18:06:18 some type of practical difficulty, what type of

18:06:20 information is out there that can be provided to

18:06:23 actually demonstrate that, and how the Variance Review

18:06:27 Board would then apply the criteria.

18:06:28 Clarifying the process.

18:06:31 You could split this and take the information out and

18:06:33 not require certain documentation, but then have the

18:06:37 language in here, how the procedure is to occur.

18:06:39 Right now three words, demonstrate a security need.

18:06:42 That's it.

18:06:47 So it is a little -- imagine deciding a PD on that.

18:06:49 That is the only thing.

18:06:51 >>THOMAS SCOTT: So then we could -- we could identify

18:06:54 the procedure but take out the regulation part of it

18:06:55 for now, is that right?

18:06:58 Is that what you are recommend something in.

18:07:00 >>CATHERINE COYLE: Not that I am recommending that but

18:07:03 at this point a workshop for transmittal.

18:07:05 Your discretion what you want to do with the language.

18:07:07 I am pointing out two different things.

18:07:09 You can take one out and leave the process part in.

18:07:12 You can transmit both and limit it when it comes back

18:07:13 for public hearing.

18:07:15 It is up to you at this point.

18:07:18 >>THOMAS SCOTT: Okay were yes?

18:07:20 >>MARY MULHERN: You know, I have no idea how to vote

18:07:21 on this.

18:07:24 I will do what you recommend based on your -- you know

18:07:28 your expertise and all the work did you on this, but it

18:07:33 seems to me the -- the process we are -- we are doing

18:07:36 for this doesn't make sense, that it should go to a

18:07:40 volunteer board to make that determination.

18:07:43 So I think if we are really going to clean this up, it

18:07:50 should be more of a process where we make it, you know,

18:07:53 administrative and really well-defined whether you can

18:07:55 have this or that.

18:07:58 I mean I would like to see us move toward that.

18:08:00 >>THOMAS SCOTT: I think the process for me is the

18:08:02 issue that is very important.

18:08:03 I mean, I just --

18:08:05 >>CATHERINE COYLE: I agree.

18:08:06 >>THOMAS SCOTT: I am the process person.

18:08:08 The process has to be clear.

18:08:10 I am struggling with the other piece of that, and that

18:08:13 is the regulation part, when you have -- when you are

18:08:16 talking about impacting the whole city.

18:08:18 At the same time, we want to protect those

18:08:21 neighborhoods that -- that do have businesses adjacent

18:08:24 to them, but you are saying either way they got to get

18:08:28 -- go and get a waiver no matter what, is that right?

18:08:29 >>CATHERINE COYLE: That's correct.

18:08:32 >>GWEN MILLER: Can't go to the Variance Review Board

18:08:36 and express their opinions.

18:08:39 >>CATHERINE COYLE: I think if -- oh, I am sorry.

18:08:42 Going to say if there is something that there is no

18:08:44 consensus on Council.

18:08:47 I would say transmit it and put it on the record you

18:08:49 will discuss it in length whether criteria one or two

18:08:52 will apply in the first reading and transmit it for

18:08:55 consideration if there is no consensus on it.

18:08:57 At this point it has been through three cycles.

18:09:06 We need to do it or not.

18:09:09 >>CHARLIE MIRANDA: Mr. Chairman, I agree it has been

18:09:12 through too many cycles and three words for this body

18:09:16 or another body at the vrb or whatever, I think need to

18:09:19 know more than that, but when I read that 2 a 1,

18:09:23 provide documented report that clearly demonstrates

18:09:25 criminal activity occurred at the property.

18:09:30 There was a period there and nothing else there, I

18:09:31 could support it.

18:09:35 But it says during -- during the two years prior to the

18:09:37 variance request.

18:09:39 Well, who in the world is going to be business if you

18:09:42 get robbed and you can't do anything about it for two

18:09:42 years.

18:09:45 I mean, let's be sensible.

18:09:46 >>THOMAS SCOTT: That's true.

18:09:47 That's true.

18:09:50 >> Council can strike that language.

18:09:52 >>CATHERINE COYLE: You can certainly strike it.

18:09:55 >>CHARLIE MIRANDA: Bank is held up and you can't do

18:09:57 anything, you can't put an armed rob unless they rob

18:10:01 you for two consecutive years every day, huh?

18:10:01 [Laughter]

18:10:03 I mean, it's here.

18:10:04 >>GWEN MILLER: What it sounds like.

18:10:07 >>CHARLIE MIRANDA: Unless I am not reading it right.

18:10:11 Again I am not trying to be smart or funny but that's

18:10:13 what I am reading.

18:10:17 Reports of false alarms.

18:10:20 But some documented reports from somebody that says

18:10:23 yeah, I agree with this, that and the other but to wait

18:10:25 for two years.

18:10:26 >>CATHERINE COYLE: Maybe for the Variance Review Board

18:10:27 to consider.

18:10:30 If someone brings in 30-year-old police reports they

18:10:32 can weigh that against something that happened a year

18:10:32 ago.

18:10:36 >>CHARLIE MIRANDA: How do we clean this up?

18:10:39 >> First all, Council -- to refresh your recollection,

18:10:43 there is a motion on the floor not to transmit

18:10:44 currently and a second.

18:10:45 That's where we stand now.

18:10:48 The question would be whether that -- that motion needs

18:10:51 to be resolved before you can make a motion to amend

18:10:56 the language.

18:10:59 >>YVONNE CAPIN: I want to clarify this.

18:11:03 We can pass it and then adjust it.

18:11:05 >>CATHERINE COYLE: Not technically passing it.

18:11:07 Sending it to the Planning Commission.

18:11:10 When it comes back for first reading public hearing,

18:11:12 you can then reduce language, strike language if you

18:11:16 need to strike it.

18:11:17 >>YVONNE CAPIN: Exactly.

18:11:23 >> Or Council -- I am sorry or you can have language --

18:11:25 assuming that Council wishes to transmit, the Council

18:11:30 can make the decision to take that language out.

18:11:32 >>CATHERINE COYLE: Correct, you can strike the two

18:11:34 year as an example.

18:11:35 >>YVONNE CAPIN: That was my question.

18:11:38 >>THOMAS SCOTT: I agree with Councilman Miranda.

18:11:40 I think the process needs to be in place but the

18:11:44 regulation of that or criteria is too restrictive, I

18:11:44 think.

18:11:46 >>CHARLIE MIRANDA: You are already going to the VRB

18:11:48 with three words.

18:11:48 >>CATHERINE COYLE: Yes.

18:11:52 >>CHARLIE MIRANDA: So if you go to the VRB with three

18:11:54 words, I am asking -- there was some testimony taken

18:11:58 here or given to this body and police reports, I guess,

18:12:00 are part of the record.

18:12:01 I don't know.

18:12:02 >>CATHERINE COYLE: They can be.

18:12:05 >>CHARLIE MIRANDA: If you demonstrate through the

18:12:08 police report process that this has happened there, I

18:12:13 don't think you should have to wait two years.

18:12:15 >>CATHERINE COYLE: So would you like to strike the two

18:12:15 years?

18:12:17 >>CHARLIE MIRANDA: That is not going to change --

18:12:19 still the same thing as today then.

18:12:25 So why are we transmitting?

18:12:28 >> I think Miss Cole -- the difference -- the

18:12:30 difference is the process presently is that the

18:12:34 Variance Review Board now grants a permit for this

18:12:37 specifically which is very unusual when their job is to

18:12:41 usually have a hardship criteria an grant variance and

18:12:43 that was proposed in terms of process.

18:12:45 Now in terms of standards, if Council has issues with

18:12:48 standards, Council can adjust that, but what that does

18:12:52 is that changes the -- the process to allow the

18:12:55 Variance Review Board to handle it in a manner that it

18:12:56 normally does.

18:13:01 That is basically in a nutshell what it is.

18:13:05 >>CHARLIE MIRANDA: Whether the parties agree to this?

18:13:09 Coil the -- Mr. Michellini indicated that striking one

18:13:10 and two would be okay.

18:13:12 >> We are okay with transmitting the first part which

18:13:18 is procedural, which is 2 a, and then striking 1 and 2.

18:13:21 I mean, that's -- that is sort of a compromise position

18:13:25 that -- it gives you the -- the process of what we are

18:13:30 supposed to be doing without hamstringing us with --

18:13:34 with two years of losses.

18:13:36 >>THOMAS SCOTT: Okay.

18:13:38 >> Strike one and two and keep 2 a.

18:13:40 We are fine by that.

18:13:44 >>THOMAS SCOTT: Let me hear from legal Miss Cole.

18:13:47 >>JULIA COLE: Julia Cole, Legal Department.

18:13:50 Generally you don't delineate the type of evidence that

18:13:52 is necessary.

18:13:54 Given the fact that right now you don't have a standard

18:13:56 and you would be at least putting in place a variance

18:14:00 standard, in necessity to call out the evidence may not

18:14:01 be as necessary.

18:14:06 So if you went ahead and struck a 1 and 2, basically

18:14:09 calling out what the evidence is that is necessary, you

18:14:12 still have the variance criteria in place.

18:14:13 >>THOMAS SCOTT: All right.

18:14:16 What I will ask then, the --

18:14:19 >>GWEN MILLER: I will withdraw my motion.

18:14:21 I will withdraw.

18:14:24 >>THOMAS SCOTT: The procedure and one and two.

18:14:29 >>GWEN MILLER: I have to withdraw my motion.

18:14:31 >>JULIA COLE: Just to make this clear, not that you

18:14:33 have to demonstrate two solid years of criminal

18:14:33 activity.

18:14:37 What the intent of this and could be reworded is that

18:14:39 within the last two-year period there was something.

18:14:41 Some type of activity.

18:14:42 That was really the purpose, not that you were robbed

18:14:44 for two straight years.

18:14:48 We are looking at the most proceedings two years and

18:14:50 was there any criminal activity.

18:14:53 >>CHARLIE MIRANDA: Let me get that and turn it around

18:14:55 -- let me turn that around on you real quick.

18:14:57 You will tell me a process for two years, but there

18:14:59 isn't a process because something happened that didn't

18:15:02 happen or something happened that should have happened

18:15:02 that happened.

18:15:05 Meaning for two years, you sit there and say, oh, was I

18:15:07 robbed last week, I don't think so.

18:15:09 So --

18:15:11 >>CATHERINE COYLE: I completely understand.

18:15:13 >>CHARLIE MIRANDA: It doesn't make -- it doesn't fall

18:15:14 into --

18:15:16 >>CATHERINE COYLE: Sounds to me that Council is

18:15:21 wanting to transmit minus 1 and 2.

18:15:24 >>GWEN MILLER: I withdraw my first motion.

18:15:25 Withdraw your second.

18:15:27 Make another motion that we strike --

18:15:29 >>CATHERINE COYLE: Just 1 and 2.

18:15:30 >>MARY MULHERN: I second.

18:15:32 >>THOMAS SCOTT: Moved and seconded then.

18:15:37 That we strike 1 and 2 and remain intact.

18:15:39 All in favor signify by saying aye.

18:15:41 Opposed.

18:15:43 >>CATHERINE COYLE: The next item is the privately

18:15:44 initiated amendment.

18:15:48 I asked Council to transmit to the Planning Commission.

18:15:49 >>THOMAS SCOTT: Any motion.

18:15:50 >>GWEN MILLER: So moved.

18:15:51 >>CHARLIE MIRANDA: Second.

18:15:54 >>THOMAS SCOTT: Seconded by Councilman Miranda.

18:15:56 >> Has Council been provided with what that material

18:15:58 looks like?

18:16:01 Have they seen what that looks like or won't see it

18:16:04 until first reading.

18:16:07 >>CATHERINE COYLE: Corrugated metal panel.

18:16:10 It is like the roof material.

18:16:13 I am sure the petitioner can bring a sample to the

18:16:13 hearing.

18:16:16 >>THOMAS SCOTT: Okay.

18:16:17 There is a motion and a second.

18:16:20 All in favor signify by sighing aye.

18:16:22 Opposers.

18:16:25 >> Mr. Chairman, who is the maker of that motion?

18:16:27 >>THOMAS SCOTT: Councilwoman Miller.

18:16:27 >> Thank you.

18:16:30 >>CATHERINE COYLE: Tab 4, the October 12 memorandum

18:16:33 and I will call these out by number.

18:16:40 Number 2, 4, 5, 6, 7, 8, 10, 11, 13 and 14, I would ask

18:16:42 to you transmit with the question on 14 which is

18:16:44 community gardens, whether or not you wanted to alter

18:16:46 any of that language.

18:16:50 >>GWEN MILLER: I want to alter the alcoholic beverage.

18:16:56 >>CATHERINE COYLE: Allow alcohol consumption?

18:16:58 Right now it doesn't allow.

18:17:01 >>GWEN MILLER: All of those.

18:17:05 I move those.

18:17:09 >>CATHERINE COYLE: 14 is community gardens, that's --

18:17:11 >>CHARLIE MIRANDA: She just said --

18:17:13 >>GWEN MILLER: She said it is not in there.

18:17:15 >>CATHERINE COYLE: Alcohol consumption is prohibited.

18:17:18 >>GWEN MILLER: That's why I moved it.

18:17:20 >>CATHERINE COYLE: If you wanted on community gardens

18:17:23 to change anything regarding the comments.

18:17:24 >>CHARLIE MIRANDA: Here again, I am not against

18:17:25 community garden.

18:17:27 I can do it right now in my house.

18:17:29 This is not about your house but a lot somewhere in the

18:17:32 city, no matter where it is at.

18:17:34 You are not going to notify no one.

18:17:37 Done administratively and to me basically a zoning

18:17:39 change to some degree if you are going to have four

18:17:40 sales a year.

18:17:44 It is a Commercial piece of property to some extent.

18:17:49 What I am saying is, you are opening pandora's box on

18:17:53 one area and saying others can't do what they want to

18:17:54 do.

18:17:57 So I -- I have mixed feelings.

18:18:00 Anybody can have a community -- that is your property.

18:18:02 You can do what you want, but once you start selling,

18:18:05 you can give it away, just like alcohol.

18:18:07 You don't have to have.

18:18:09 You can give it away, but you can't sell it.

18:18:11 This is going to be sold.

18:18:15 And you, by admission, the city does not enforce things

18:18:19 of this nature because I see the same houses all around

18:18:21 the neighborhood, not only my neighborhood, every

18:18:26 neighborhood, having garage sales that come and go and

18:18:28 they get a permit to have garage sales or they don't

18:18:31 get a permit to have a garage sale.

18:18:34 They still have a garage sale and nobody does anything.

18:18:38 >>CATHERINE COYLE: Has to be enforced on complaint.

18:18:40 >>CHARLIE MIRANDA: We are joking ourselves if we think

18:18:43 we are going to enforce it because we are not.

18:18:45 The point I am driving home.

18:18:48 >>CATHERINE COYLE: One correction to the micro brewery

18:18:49 use.

18:18:52 I left out channel district 1 and 2 districts.

18:18:54 I meant to include that.

18:18:56 Adding the microbrewery.

18:19:00 I meant to add CD-1 and 2.

18:19:02 Allowed in the Channel District.

18:19:04 That was my error but I am including that as well.

18:19:07 Again I won't include community gardens if you want to

18:19:08 discuss it again.

18:19:12 I will ask to you move number, 4-11 with the

18:19:16 modification to number for Channel District 1 and 2.

18:19:18 >>THOMAS SCOTT: I support the community garden.

18:19:20 I just think the alcohol is the issue.

18:19:22 >>CATHERINE COYLE: Transmit it as is.

18:19:25 It has the prohibition for alcohol consumption.

18:19:28 >>MARY MULHERN: It is prohibited in there.

18:19:28 >>CATHERINE COYLE: Okay.

18:19:33 Well then I ask to you move 2, 4 --

18:19:36 >>THOMAS SCOTT: Whether alcohol --

18:19:39 >>GWEN MILLER: Mr. Miranda is not comfortable with

18:19:39 that.

18:19:42 >>CHARLIE MIRANDA: I will support community garden if

18:19:44 you have a process to do what I said earlier and we

18:19:45 don't because we don't do it.

18:19:47 I mean, it's -- it is.

18:19:51 We write laws that seem great, but then you don't

18:19:52 enforce them.

18:19:54 You enforce them at times.

18:19:58 Well, a law is supposed to be all the time, not just at

18:19:58 times.

18:20:00 That is just my concern.

18:20:03 We don't -- we talk about neighborhood preservation,

18:20:07 helping the neighborhoods, and on the other hand, we

18:20:09 have zero neighborhood participation as to what is

18:20:11 happening in the neighborhood.

18:20:13 >>THOMAS SCOTT: I think we have a motion by

18:20:13 Councilwoman Miller.

18:20:16 Second by Councilman Stokes.

18:20:19 All in favor signify by saying aye --

18:20:21 >>CHARLIE MIRANDA: I am going to vote all but one.

18:20:24 Okay, I vote --

18:20:27 >>CHARLIE MIRANDA: Pull 14 out, the community garden.

18:20:29 >>THOMAS SCOTT: We will come back to 14.

18:20:30 Vote on that separately.

18:20:33 >>CATHERINE COYLE: I will ask you to transmit number

18:20:34 14, community garden.

18:20:36 >>THOMAS SCOTT: Clear the motion.

18:20:40 All in favor signify by saying aye.

18:20:42 Opposed?

18:20:45 >>CATHERINE COYLE: Item number 14, community gardens,

18:20:47 transmit as is.

18:20:50 >>THOMAS SCOTT: Motion and second.

18:20:54 Moved and seconded, seconded by Councilwoman Capon.

18:20:56 >>CHARLIE MIRANDA: I will vote against it.

18:20:58 Community garden, there is no enforcement.

18:21:01 There are going to be sales which is like any other

18:21:05 business four times a year which could be less than

18:21:06 four or more than four.

18:21:09 The city will never check and never verify just like we

18:21:11 do on a lot of things that I just talked about.

18:21:12 Thank you.

18:21:15 >>GWEN MILLER: Mr. Miranda, how would you like for

18:21:15 that --

18:21:16 >>CHARLIE MIRANDA: It is not my city.

18:21:18 I am just part --

18:21:20 >>GWEN MILLER: Or this --

18:21:22 >>CHARLIE MIRANDA: I will vote for community gardens

18:21:25 if they notify the neighborhoods and they boo have to

18:21:28 notify the city when the sales -- and they would have

18:21:31 to notify the city when sales were to be held and the

18:21:34 city would look or have an inspector go by

18:21:35 periodically.

18:21:38 >>GWEN MILLER: We can put that in there.

18:21:40 >>CHARLIE MIRANDA: I can see it is not going to go too

18:21:41 well.

18:21:43 >>GWEN MILLER: You didn't make the motion to put it in

18:21:43 there.

18:21:45 >>CHARLIE MIRANDA: You all brought it up the community

18:21:46 garden.

18:21:48 I will vote for it if you had notification of the

18:21:50 neighborhood, one.

18:21:51 No alcohol, two.

18:21:54 And the individuals who are running the community

18:21:57 garden must notify the city before the sale so they can

18:21:59 have a record of it.

18:21:59 Then I would support it.

18:22:03 >>GWEN MILLER: Can you put that in there, miss Coyle.

18:22:06 >>CATHERINE COYLE: Can we hold that until the end.

18:22:08 >>CHARLIE MIRANDA: I thought we were at the end.

18:22:11 >>CATHERINE COYLE: I have two more things.

18:22:15 >>THOMAS SCOTT: Okay the issue raised going from 1500

18:22:17 down to 140 --

18:22:19 >>CATHERINE COYLE: I clarified that through E-Mail and

18:22:21 on the record several times, the fee has never been nor

18:22:25 will it ever be $1500 could.

18:22:26 >>THOMAS SCOTT: Yeah, I know.

18:22:29 >>CATHERINE COYLE: The fee again is the same as home

18:22:32 occupation which is $181 just to clarify.

18:22:36 >>THOMAS SCOTT: $181, not 140.

18:22:37 >>CATHERINE COYLE: That's correct.

18:22:40 >>THOMAS SCOTT: The public didn't know $181.

18:22:41 And not $1500.

18:22:44 >>CATHERINE COYLE: And not 1500.

18:22:46 >>GWEN MILLER: We will come back to that.

18:22:47 The next one --

18:22:49 >>CATHERINE COYLE: Next one is tab 5.

18:22:50 >>GWEN MILLER: We have a motion.

18:22:53 >>MARY MULHERN: I want to say on the community gardens

18:22:57 -- [INAUDIBLE]

18:23:00 >>THOMAS SCOTT: Turn your mic on.

18:23:01 >>MARY MULHERN: I am sorry.

18:23:02 This again comes back to us.

18:23:04 We are transmitting it to the Planning Commission.

18:23:08 So if you -- if there is a majority of people feel

18:23:10 strongly about changing some of the regulations, we can

18:23:12 do that then.

18:23:16 This has been -- this has been what, two or three years

18:23:18 of work that --

18:23:21 >>THOMAS SCOTT: But listen, Councilwoman, if you want

18:23:23 to move forward -- I support it.

18:23:26 You have to make a motion.

18:23:27 >> There is a motion.

18:23:30 >>THOMAS SCOTT: No, we all have one vote.

18:23:31 Mr. Miranda.

18:23:33 >>MARY MULHERN: A motion and the second on the floor.

18:23:36 I guess I am calling the question to pass it as is.

18:23:45 I made a motion, Councilwoman Capin seconded it.

18:23:46 >> A second to call the question.

18:23:49 >>THOMAS SCOTT: I am going to take a vote anyway to

18:23:50 move on.

18:23:51 A motion and a second.

18:23:54 All in favor signify by saying aye.

18:23:57 Opposed?

18:23:59 >>GWEN MILLER: Nay.

18:24:04 >> Motion carried with Miller and Stokes voting no.

18:24:06 >>THOMAS SCOTT: Miranda.

18:24:07 >>CHARLIE MIRANDA: Another four years and I can commit

18:24:10 suicide.

18:24:10 [LAUGHTER]

18:24:12 Miranda and Miller no.

18:24:15 >> Miranda and Miller voting no, correction.

18:24:18 >>CATHERINE COYLE: Council, that was to transmit as

18:24:18 is.

18:24:20 Tab number 5, the changes to the industrial districts

18:24:24 with the yellows and blues, changes that I recommended.

18:24:31 I would ask that you transmit that as is on tab 5.

18:24:34 >>THOMAS SCOTT: Is there a motion.

18:24:36 >> So moved.

18:24:37 >> Second.

18:24:40 >>THOMAS SCOTT: Seconded by Councilwoman capin.

18:24:42 All in favor say aye, opposed.

18:24:45 >>CATHERINE COYLE: Tab 6, the minor modification of

18:24:46 the alcohol beverage regulations.

18:24:49 I would ask that you transmit what is noted in gray for

18:24:49 downtown.

18:24:52 Also to add the special provisions for special

18:24:55 restaurants with the hours operation for the Westshore

18:25:01 Business Center and also to add the caveat to d-2 and

18:25:04 e-3 regarding the large-scale Commercial developments

18:25:07 for the outdoor amplified music which includes the

18:25:08 malls.

18:25:09 >>CURTIS STOKES: I have a question when you say

18:25:14 Westshore Business Center same as Westshore Business

18:25:15 District?

18:25:16 >>THOMAS SCOTT: No.

18:25:20 >>CATHERINE COYLE: You mean the overlay district or

18:25:23 the -- folks Stokes the Westshore area.

18:25:25 >>CATHERINE COYLE: The business center is defined in

18:25:27 the comprehensive plan and overlay district is slightly

18:25:28 larger.

18:25:30 This would only apply to the smaller business center

18:25:31 area.

18:25:33 >>THOMAS SCOTT: To Westshore Mall, airport,

18:25:36 International Mall.

18:25:37 >>CATHERINE COYLE: Some of the Commercial properties

18:25:39 along some of the strip.

18:25:42 I can show you the map at the first public hearing.

18:25:45 >>MARY MULHERN: You did say there was no -- no

18:25:46 residential, none of that.

18:25:47 >>CATHERINE COYLE: That's correct.

18:25:50 It is Commercial.

18:25:51 >>THOMAS SCOTT: No residential.

18:25:53 >>YVONNE CAPIN: I would say.

18:25:54 I would like to comment.

18:25:57 This is a good first step, and I appreciate your work

18:26:00 on this very much.

18:26:01 >>CATHERINE COYLE: Thank you.

18:26:02 >>THOMAS SCOTT: Is there a motion.

18:26:03 >>GWEN MILLER: So moved.

18:26:05 >>CHARLIE MIRANDA: Second.

18:26:06 >>THOMAS SCOTT: Motion by Councilwoman Miller and

18:26:09 seconded by Councilman Miranda.

18:26:11 All in favor say aye.

18:26:11 Opposed.

18:26:13 >>CATHERINE COYLE: Thank you, Council, will see you in

18:26:14 February.

18:26:16 >>THOMAS SCOTT: Is that is it?

18:26:16 >>CATHERINE COYLE: That's it.

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

18:26:30 Do we need to take break?

18:26:32 Council will take a five-minute recess.

18:26:33 Five minutes.

18:26:35 We are -- we will swear everybody in and move forward.

18:26:37 Five-minute recess.

18:34:13 Thank you.

18:34:15 >>THOMAS SCOTT: Tampa City Council will now come to

18:34:16 order.

18:34:20 Tampa City Council will now come to order.

18:34:21 [sounding of gavel]

18:34:25 Tampa City Council will now come to order.

18:34:25 Thank you.

18:34:29 Roll call.

18:34:35 [roll call taken]

18:34:38 >>THOMAS SCOTT: Let me read for the record, we have a

18:34:40 memorandum for Councilman Caetano.

18:34:45 I will be unable to attend the December 9 evening

18:34:50 meeting at City Council due to a scheduling conflict.

18:34:52 Please see this memo is read into the record.

18:34:55 Again, it is from Councilman Caetano.

18:34:56 Okay.

18:34:56 All right.

18:34:58 If you were going to be speaking tonight before City

18:35:01 Council, if you think you are going to speak and you

18:35:04 don't want to speak but you think you may speak, stand

18:35:05 up and be sworn.

18:35:08 >>GWEN MILLER: You don't have to speak.

18:35:11 >>THOMAS SCOTT: You don't have to speak.

18:35:11 [Laughter]

18:35:17 [swearing in of witnesses]

18:35:18 >> Mr. Chairman.

18:35:19 >>THOMAS SCOTT: Yes.

18:35:19 >> Thank you.

18:35:21 I ask that all written communication relative to

18:35:24 tonight's hearings which have been available for public

18:35:26 inspection of City Council's office be received and

18:35:27 filed into the record.

18:35:28 >>CHARLIE MIRANDA: So moved.

18:35:30 >>THOMAS SCOTT: A second.

18:35:31 >> Second.

18:35:32 >>THOMAS SCOTT: Moved and seconded.

18:35:35 All in favor signify by saying aye.

18:35:36 Opposed.

18:35:40 >> Secondly if any members of City Council had any

18:35:43 conversation with petitioner or representative or any

18:35:47 member of the public with regard to tonight's hearing

18:35:52 that Councilmembers should reveal the person or entity

18:35:55 of which this verbal communication and the substance of

18:35:58 that verbal communication.

18:36:00 If you were going to be testifying there is a sign-up

18:36:01 sheet.

18:36:03 If you testify, make sure your name is on the sheet so

18:36:05 the Clerk does have that for the record.

18:36:14 Thank you.

18:36:16 >>THOMAS SCOTT: Okay, Miss Feeley.

18:36:19 >>ABBYE FEELEY: Good evening, Council, Abbye Feeley,

18:36:20 Land Development Coordination.

18:36:23 I will quickly go through the agenda for this evening.

18:36:27 The first case cannot move forward.

18:36:32 It has been rescheduled for January 13, 2011 at p.m.

18:36:36 that is z 10-21 for those people who are here to speak

18:36:39 to that this evening.

18:36:41 >> Can we have a motion then to remove that from the

18:36:42 agenda.

18:36:46 >>GWEN MILLER: So moved from the agenda item number 2.

18:36:47 >>CHARLIE MIRANDA: All right, second.

18:36:49 >>THOMAS SCOTT: We need to hear from anyone in the

18:36:50 public --

18:36:52 >> No, can't be heard.

18:36:54 >>THOMAS SCOTT: Moved and seconded.

18:36:57 All in favor signify by saying aye.

18:36:59 Opposed.

18:37:04 >>ABBYE FEELEY: Item number 3, z 10-40.

18:37:06 Mr. Grandoff here.

18:37:07 They are requesting a continuance.

18:37:10 >>GWEN MILLER: Move to open.

18:37:10 >> Second.

18:37:12 >>THOMAS SCOTT: Moved and seconded.

18:37:17 All in favor signify by aye.

18:37:18 Mill anyone want to speak.

18:37:19 >>THOMAS SCOTT: Anyone want to speak.

18:37:22 >>GWEN MILLER: Move to January 13.

18:37:26 >>THOMAS SCOTT: Anyone in favor.

18:37:26 Aye.

18:37:28 Opposed?

18:37:33 Someone here on item 14 --

18:37:35 >>ABBYE FEELEY: Item number 6.

18:37:43 There is one more with -- it was already rescheduled.

18:37:44 >> Item 6?

18:37:47 >>ABBYE FEELEY: Yes, item number 6 was also found to

18:37:49 be improperly noticed.

18:37:52 And that needs to be -- it was reset administratively

18:37:57 to January 13, 2011 at 6 p.m. so ask that you remove

18:38:00 that from the agenda.

18:38:01 >>THOMAS SCOTT: Moved and seconded.

18:38:04 All in favor signify by saying aye.

18:38:05 Opposed.

18:38:08 Last item is number 14.

18:38:10 Lauralee G. Westine is here requesting a continuance

18:38:14 for a period of 90 days.

18:38:17 >>THOMAS SCOTT: Hear from the petitioner.

18:38:19 >> Good evening, Lauralee G. Westine.

18:38:22 I have been sworn on behalf of T-Mobile.

18:38:25 We are asking a 90-day continuance.

18:38:30 I met with the Tampa Palms Association and we had a

18:38:31 productive meeting.

18:38:34 We both had takeaways, and we are considering

18:38:37 alternative sites and they are considering different

18:38:41 tower types and gotten with Reg Alfred who is the

18:38:44 project manager of the pond that will be going in and

18:38:48 we have been able to resite the tower outside the pond

18:38:48 or taking area.

18:38:52 With that said, would like to respectfully request 0

18:38:57 days to bring this back -- 90 days to bring this back

18:39:02 before you and a an amicable --

18:39:05 >> March 10 the evening meeting.

18:39:06 >> That is fine.

18:39:09 Two other items, one, I have no objection to renoticing

18:39:12 and I was asked to do that I waive the time frames

18:39:17 within the Florida statute.

18:39:20 >> Also do you have to address -- miss Cole, the

18:39:22 180-day issue as well?

18:39:24 >>JULIA COLE: Julia Cole, Legal Department.

18:39:27 Because this would take the petition past the 180-day

18:39:32 activity within your code, as you make your motion to

18:39:36 accept the continuance, I would also ask you to find

18:39:39 good cause for the need for the continuance, and I

18:39:42 think miss Westine has given you adequate information

18:39:43 on the record.

18:39:45 >>CHARLIE MIRANDA: Mr. Chairman, based on the

18:39:47 information we got, I know there was a motion and speak

18:39:49 to that that the petitioner has put on the record she

18:39:51 has met with the homeowner association.

18:39:53 They had a very productive meeting, and I believe that

18:39:57 the 90 day also enhance the solving -- resolving this

18:40:00 issue one way or the other on March 10 of the year

18:40:01 2011.

18:40:05 For two weeks before some of us are here and some of us

18:40:08 are not here.

18:40:13 I thought I would let the petitioner know that.

18:40:21 >> Makes me choke.

18:40:25 >>JULIA COLE: Did I notify Tampa Palms.

18:40:28 They won't be there evening.

18:40:30 >>THOMAS SCOTT: Motion and second.

18:40:32 Motion by Councilman Stokes.

18:40:38 Second by Councilman Miranda.

18:40:39 >>ABBYE FEELEY: The following items on agenda, items

18:40:47 4, 5, 7, 8, 10, 11, 12, and 13.

18:40:51 >>CHARLIE MIRANDA: Chairman, move to open 4, 5, 7, 8,

18:40:53 10, 11, 12 and 13.

18:40:54 >>THOMAS SCOTT: A second?

18:40:57 Moved and seconded by Councilwoman Mulhern.

18:41:00 All in favor signify by saying aye.

18:41:01 Opposed.

18:41:03 Let's proceed.

18:41:05 >>ABBYE FEELEY: Two items on agenda that both have

18:41:07 vacating with them.

18:41:09 Jimmy Cook is here to present on those vacating.

18:41:14 In both of those cases the vacating need to be approved

18:41:16 prior to the rezoning being approved.

18:41:18 As a matter of order, I wanted to bring that to your

18:41:19 attention.

18:41:22 I will also let Mr. Cook speak to the vacating since

18:41:25 that is the first item on the agenda.

18:41:35 Do you want me to introduce -- okay.

18:41:39 >> James Cook, Land Development Coordination.

18:41:40 I have been sworn.

18:41:44 Speaking on item number 4, C10-14.

18:41:46 Vacating a portion of Brevard Avenue running from

18:41:50 Cleveland Street to Kennedy Boulevard and between

18:41:52 Fielding and Magnolia avenue.

18:41:53 Overhead.

18:41:55 The petition on the proper highlighted in red.

18:41:58 Brevard is outlined in yellow running from Cleveland to

18:42:05 Kennedy Boulevard.

18:42:10 First photo is a picture of Brevard looking South of

18:42:12 Kennedy Boulevard, the petitioner owns property on both

18:42:13 sides.

18:42:15 Another picture of Brevard looking north from Cleveland

18:42:18 Street.

18:42:21 A couple of pictures of abutting properties.

18:42:22 The petitioner's property.

18:42:27 This is southeast corner of Brevard and Kennedy.

18:42:34 This is southeast corner of Brevard and Kennedy.

18:42:38 This is petitioner's property looking east from Brevard

18:42:40 on Cleveland.

18:42:43 This is a picture of petitioner's property looking west

18:42:46 of Brevard at Cleveland.

18:42:49 And this is a picture of Brevard looking north on the

18:42:50 north side of Kennedy.

18:42:53 This is not to be vacated although a portion of Brevard

18:42:55 north is also vacated already.

18:42:59 Staff has no objection to this vacating request as long

18:43:05 as easements are reserve and petitions comply with

18:43:05 specific conditions.

18:43:06 >>THOMAS SCOTT: Okay.

18:43:10 In the course -- Linda Saul-Sena would say about what

18:43:16 about the breaks.

18:43:18 >> They are required to palletize that and return them

18:43:20 to the city as part of the one of the special

18:43:22 conditions in the vacating ordinance.

18:43:23 If you have any other questions.

18:43:26 >>THOMAS SCOTT: Okay.

18:43:28 Thank you.

18:43:29 >>ABBYE FEELEY: Council, there is a rezoning request

18:43:33 that is associated with the vacating that Mr. Cook just

18:43:37 discussed, and that is located at various addresses on

18:43:40 Kennedy Boulevard, Brevard, why Cleveland Street, and

18:43:47 South Magnolia avenue and Fielding avenue for office

18:43:51 business professional.

18:43:55 I will refer to Mr. Garcia and then come up to finish

18:43:58 my presentation.

18:44:00 >>THOMAS SCOTT: We do need to take care of the

18:44:03 vacation separate from the zoning, is that accurate?

18:44:05 Do we want to do that now?

18:44:15 Do we do that after the zoning, legal?

18:44:21 How do we want to proceed with the vacating since they

18:44:22 have to be taken up separate.

18:44:25 >> Council, you can actually take a vote on this if you

18:44:27 feel comfortable doing it at this point in time, and

18:44:30 then obviously when it comes to the point of the second

18:44:33 reading of the adoption, this has to take place first,

18:44:38 but if you want to hear the whole package as a whole,

18:44:39 that would be acceptable.

18:44:41 >>THOMAS SCOTT: Okay.

18:44:44 >> We have to take them up separately and again when we

18:44:47 do the second reading and adoption.

18:44:49 >>THOMAS SCOTT: I wanted to understand the process and

18:44:50 where we are going.

18:44:51 Mr. Garcia.

18:44:54 >>TONY GARCIA: Thank you Mr. Chairman, good evening,

18:44:55 members of Council.

18:44:57 Tony Garcia, Planning Commission staff.

18:44:58 I have been sworn in.

18:45:01 I would like to point out a few findings of fact as it

18:45:03 relates to your comprehensive plan for the City of

18:45:04 Tampa.

18:45:06 The site is located within the Central Planning

18:45:08 District, which is one of the five planning districts

18:45:10 you have that comprise the City of Tampa.

18:45:13 The central planning district is the planning district

18:45:16 that offers the most opportunity for job creation and

18:45:19 for economic development opportunities.

18:45:22 The site is located right on the edge of the central

18:45:30 business district, and future land use category is

18:45:32 relation appear mixed use 100.

18:45:35 Which is higher than the central business district land

18:45:37 use designation.

18:45:40 Offers the highest opportunity for floor area and

18:45:43 density potential that extends all the way to South

18:45:44 boulevard here.

18:45:45 Here is Kennedy Boulevard.

18:45:46 Here is Brevard.

18:45:49 The South part of Brevard which is to be considered by

18:45:54 you this evening for the vacating.

18:45:57 And of course Kennedy Boulevard as it extends a short

18:45:59 distance away to the downtown core.

18:46:03 An aerial depicting the site, the entire site on the

18:46:05 western side of Brevard is all vacant.

18:46:07 Then you have this lot over here, and the operation

18:46:10 currently exists over here, which is currently

18:46:13 administrative offices and will be doing a significant

18:46:18 renovation on the site to be able to take care of their

18:46:21 operation adequately and manage -- manage their

18:46:23 operation.

18:46:25 A little bit at greater scale so you can see basically

18:46:26 where the site is at.

18:46:29 The intersection of South Boulevard and Kennedy

18:46:30 Boulevard.

18:46:34 It is a 5.77-acre site, so a significant piece of

18:46:37 property, an it is highly visible as one enters the

18:46:38 urban core.

18:46:40 As I said before, this offers a lot of opportunity in

18:46:43 this particular section of Kennedy Boulevard.

18:46:46 It does have the higher land use designation which

18:46:48 allow these opportunities for growth.

18:46:52 As you know, the site west of Brevard will be offered

18:46:55 as a parking facility.

18:46:57 Currently we do not know what the future plans may be

18:47:01 for the site, but it has a regional mentioned use that

18:47:05 does allow ample opportunity for the applicant to come

18:47:08 in the future for any modification or expansion of the

18:47:10 current administrative offices that they have on the

18:47:10 site.

18:47:12 Planning Commission staff, based on the uses that are

18:47:16 allowed was presently going to be allowed there also

18:47:19 finds -- finds the proposed request consistent with the

18:47:20 comprehensive plan.

18:47:21 Thank you.

18:47:28 >>THOMAS SCOTT: Thank you, sir.

18:47:30 >>ABBYE FEELEY: Abbye Feeley, Land Development

18:47:31 Coordination.

18:47:37 Just like to build on Tony's initial presentation.

18:47:39 The request as stated is for office business

18:47:41 professional, and there are several waivers associated

18:47:43 with the application.

18:47:49 The first is to allow for solid waste maneuver in the

18:47:49 right-of-way.

18:47:54 Second is to allow for aisle width of the park to be

18:47:57 reduced from 26 feet to 24 feet, the third is too

18:47:59 reduce the required parking setback along Kennedy

18:48:02 Boulevard from 30 feet to 26 feet, the fourth is to

18:48:07 eliminate the requirement to relocate the utilities,

18:48:08 overhead utilities within the Kennedy Boulevard

18:48:10 right-of-way.

18:48:13 The fifth is to increase the fence height along Kennedy

18:48:18 Boulevard from feet up to 6 feet, and for the remainder

18:48:23 of the project, perimeter from 4 feet to 6 feet.

18:48:30 And the last is to remove a hazardous double trunk

18:48:31 re-entry.

18:48:34 The applicant is proposing to rezone the block bounded

18:48:40 by Kennedy to the north, Fielding to the east to

18:48:44 renovate the two-story building for use as

18:48:47 administrative offices for Tampa General Hospital with

18:48:48 associated parking.

18:48:50 The property is surrounded by Commercial uses to the

18:48:54 east and west, the Crosstown expressway to the South

18:48:56 side of Cleveland Street, and Commercial uses and the

18:48:59 University of Tampa to the north.

18:49:02 Proposed building setbacks to the existing structure

18:49:06 are as follows, 9 foot north, 0 foot east, 170 foot

18:49:10 South, and 405 foot west.

18:49:14 Required parking for the proposed use is 177 spaces and

18:49:17 457 spaces are being provided.

18:49:18 The project will have access.

18:49:22 It is gated from South Fielding Avenue and South

18:49:24 Magnolia avenue.

18:49:27 These access points as is stated are gated, and the

18:49:30 access on Magnolia is going to be restricted to

18:49:32 employees only.

18:49:35 The proposed site plan is contingent on the approval of

18:49:39 the vacating that you just heard in order to aggregate

18:49:43 as one zoning law.

18:49:45 Here is the picture of the zoning atlas.

18:49:48 Property is shown here in green.

18:49:51 Field together west, Cleveland to the South, Magnolia

18:49:54 to the east, Kennedy to the north.

18:49:58 As you can see, there is currently a PD zoning on the

18:50:03 west side that was done back in 2005 for a multifamily

18:50:04 residential.

18:50:09 On the east side is Commercial General with one small

18:50:12 OP.

18:50:19 You have the Crosstown Expressway to the South.

18:50:20 Here is an aerial.

18:50:22 Mr. Cook showed this.

18:50:32 The vacating portion is shown in yellow.

18:50:40 Here is a picture look South from Grand Central at

18:50:45 about an angle to the building.

18:50:47 This is from Kennedy looking east.

18:50:51 That is actually standing at Brevard looking east.

18:50:57 This is looking South on Brevard.

18:51:06 This is coming from Fielding, looking east in is down

18:51:09 on the Cleveland side looking -- back into downtown

18:51:11 looking east.

18:51:13 This is Cleveland looking west.

18:51:15 You can see the Crosstown there.

18:51:19 This is the South end of the site, in between Magnolia

18:51:21 and Brevard.

18:51:24 The back of the existing building there.

18:51:31 This is looking west from Brevard toward Fielding.

18:51:34 This is the Commercial use at the intersection of Grand

18:51:37 Central and Magnolia.

18:51:42 Looking back into downtown on Magnolia.

18:51:46 And now we are going to move -- this is -- didn't know

18:51:48 this.

18:51:53 Snow Park right there at the intersection of Grand

18:51:55 Central and Kennedy and Magnolia.

18:51:58 This is north proximity.

18:52:04 Northeast across Kennedy.

18:52:14 And I believe that was -- Council, the request before

18:52:18 you this evening was found inconsistent with the

18:52:19 development review committee.

18:52:25 As you can anniversary your staff report, pages 2-8,

18:52:29 there are a number of technical modifications that to

18:52:32 be made to the site plan in order to address items

18:52:36 raised by solid waste, transportation, and the tree and

18:52:38 landscape.

18:52:40 Those modifications have been provided to you on a

18:52:44 revision sheet that I handed out with part of your

18:52:44 package.

18:52:48 The other two objections or the other two objecting

18:52:51 parties are Land Development Coordination and urban

18:52:54 design, in relation to the overlay waivers that are

18:52:55 being requested.

18:52:58 Predominantly, the fencing.

18:53:04 Kennedy overlay requests a two-foot fence along Kennedy

18:53:06 and what is being requested tonight is a six-foot

18:53:06 fence.

18:53:09 It also requires a four-foot fence around the perimeter

18:53:12 of the property and six-foot fence is being requested

18:53:15 around the entire property.

18:53:18 I don't want to go into too much detail because Mr.

18:53:23 Callahan is going to discuss this.

18:53:27 If you look under -- on page 3 under my finding, once

18:53:31 we vacate Brevard Street, this property is going to be

18:53:37 dimensioned at 535 feet x 462 feet.

18:53:40 We have had this discussion a couple of times before.

18:53:45 The typical downtown block is 210 feet by 210 feet.

18:53:48 That is what we are standing on today which is an acre.

18:53:51 What is being proposed here is an aggregation once

18:53:53 Brevard is going to be vacated.

18:53:56 This is going to aggregate into one zoning lot that is

18:54:00 going to be five acres, and over two times the width

18:54:06 and length of a downtown block.

18:54:09 >>CHARLIE MIRANDA: I understand what you said, but why

18:54:12 are you correlating it to a downtown block?

18:54:13 >>ABBYE FEELEY: Just to give --

18:54:16 >>CHARLIE MIRANDA: Fence is across the street,

18:54:17 University of Tampa.

18:54:19 >>ABBYE FEELEY: Across the street, the University of

18:54:22 Tampa is the six-foot fence.

18:54:31 >>CHARLIE MIRANDA: Thank you very much.

18:54:33 >>ABBYE FEELEY: Let me just go back to that for a

18:54:35 minute.

18:54:37 The one thing I would like to say in respect to the

18:54:44 fencing that you may see is that if the Kennedy overlay

18:54:51 pass in 2006, there has not been any fences erected in

18:54:53 excess of what the overlay requires.

18:54:57 And that is what is -- that is what we are asking for

18:55:00 in context today is that --

18:55:03 >>CHARLIE MIRANDA: I am not going to interrupt.

18:55:04 You finish.

18:55:07 >>ABBYE FEELEY: -- is that we keep in perspective the

18:55:10 vision that the Council has put forth in relation to

18:55:13 Kennedy Boulevard and along Kennedy what is appropriate

18:55:15 is a two-foot fence.

18:55:19 What is being requested is two times what is allowed.

18:55:23 And I am not -- I am not the keeper of the Kennedy

18:55:26 overlay.

18:55:27 Mr. Callahan is.

18:55:29 So I am going to defer to him for further discussion in

18:55:31 relationship to that.

18:55:33 But Land Development Coordination is finding it

18:55:36 inconsistent in relationship to that given the -- I

18:55:39 think what is important is the height of that fence in

18:55:42 relation to the amount of length that it actually runs.

18:55:47 It is not a smaller block what we are accustomed to

18:55:48 here in the city.

18:55:52 It is now twice or greater than twice that size -- or

18:55:55 greater than twice that size that represents a very

18:55:58 long physical barrier adjacent to Kennedy Boulevard.

18:56:02 >>CHARLIE MIRANDA: May I make an observation?

18:56:10 Then it will be less intrusive if the Brevard Avenue

18:56:12 will not be vacated and have a smaller -- same length

18:56:15 but a divider in the street, by the length of the

18:56:16 street 25 feet or whatever.

18:56:19 And when you mention there has never been this change

18:56:22 on Kennedy Boulevard, my question is, how many

18:56:30 applicants have been denied and how many have applied.

18:56:31 >>ABBYE FEELEY: Let me go back to your first question

18:56:34 which is the Brevard separation.

18:56:36 Would that provide a physical break in the fencing that

18:56:41 is provided?

18:56:46 Yes I think would be more appropriate their desire to

18:56:49 move forward is a two-foot or perhaps a four-foot and

18:56:52 not necessarily a six-foot for the entire length of the

18:56:52 property.

18:56:55 The entire perimeter of the property all the way down

18:56:58 to Cleveland and all the way back around the property.

18:57:01 In relation to the applications processed for the

18:57:04 Kennedy Boulevard corridor for a higher fence, the most

18:57:07 recent application that we did was just down from this

18:57:10 on the Furman property and they did not ask for one.

18:57:13 I do not know of any others personally myself.

18:57:16 >>CHARLIE MIRANDA: None asked and none given.

18:57:17 >>ABBYE FEELEY: Correct.

18:57:21 >>CHARLIE MIRANDA: Thank you very much.

18:57:26 >>THOMAS SCOTT: Mr. Callahan?

18:57:29 >> Mr. Chairman, fellow Councilmembers, good evening,

18:57:31 Mike Callahan, urban design.

18:57:35 As miss Feeley indicated, Tampa General is relocating

18:57:40 their county administrative functions to 606 Kennedy

18:57:42 Boulevard building.

18:57:44 I think quite frankly it is a very good thing.

18:57:47 As we will now have over 400 people activating the

18:57:49 Kennedy streetscape.

18:57:50 How can that not be good.

18:57:53 Great for local business, great for Kennedy.

18:57:57 In addition the applicant has purchased the 722 parcel

18:58:01 and requested a vacation of the Brevard -- to parking.

18:58:05 The two properties in the one large parking area and I

18:58:08 use the word "large" because quite frankly 280

18:58:10 additional spaces over what is required for the

18:58:12 administration building.

18:58:13 Administrative building.

18:58:16 But let me say this, Council.

18:58:19 It is always been staff's intent to work diligently to

18:58:22 get these important development projects approved.

18:58:25 I don't relish the idea of standing here in front of

18:58:29 you over urban design detail, but, in fact, we haven't

18:58:32 worked out the details.

18:58:36 I think it speaks to the importance of the issue.

18:58:38 The applicant is requesting a significant increase to

18:58:40 the overlay fence height.

18:58:43 The overlay that you spent a lot of time and energy

18:58:45 crafting a few years ago.

18:58:46 What does the code require now?

18:58:51 Currently, as Abbye said, two foot above the existing

18:58:53 grade along Kennedy.

18:58:57 This is meant to be a wall and a detail that Tampa

18:59:00 General is using at their hospital that you approved in

18:59:01 August.

18:59:03 I understand this probably doesn't work for them in

18:59:04 this case, and we are working doctor we worked with

18:59:07 that -- with that knowledge.

18:59:09 All other fencing along the public right-of-way and

18:59:12 overlay shall not exceed four feet.

18:59:16 And that would include Fielding, Magnolia, Cleveland.

18:59:18 But what is the big deal?

18:59:22 And I know Mr. Miranda is getting to that point.

18:59:24 Why do we have this regulation in the overlay to begin

18:59:24 with?

18:59:27 Well, the main reason, we are trying to minimize or

18:59:29 eliminate the use of fencing in the urban core.

18:59:33 And especially to lessen the dominance of parking along

18:59:34 Kennedy.

18:59:39 The applicant is requesting a six-foot-high fence

18:59:43 surrounding two city blocks and enclosing over five

18:59:48 acres, and in essence, it is a fenced car compound.

18:59:51 I know the applicant will present evidence tonight of

18:59:54 existing six-foot-high fencing along Kennedy.

18:59:58 To my knowledge, and these examples occurred before the

19:00:00 overlay was adopted.

19:00:04 We really want more six-foot fencing along Kennedy?

19:00:05 I ask you that.

19:00:10 As your urban design advisor, I ask you please don't

19:00:13 have a precedent for six-foot-high zoning in the

19:00:14 overlay.

19:00:16 It is not appropriate and consistent with the primary

19:00:19 pattern along Kennedy and surrounding streets.

19:00:24 Fenced-in car parks do not meet design.

19:00:27 The overlay and transformation of Kennedy of special

19:00:27 place.

19:00:31 A place with the urban edge consistency of a facade, of

19:00:35 plazas and green spaces, while diminishing impact of

19:00:39 the surface parking, not calling attention to them.

19:00:40 Is there a solution?

19:00:41 I think there is.

19:00:44 Obviously I am here because we haven't quite reached

19:00:44 it.

19:00:48 In my opinion, and I recommend -- I recommend to you

19:00:51 tonight that you agree to a maximum four-foot height

19:00:56 along Kennedy and adjoining streets for this project.

19:00:58 Council, thank you for listening to that.

19:01:00 And I am here for any questions.

19:01:04 >>THOMAS SCOTT: So, Mr. Callahan, so then, the overlay

19:01:07 calls for two feet, but a compromise you are saying we

19:01:09 can live with four.

19:01:12 >> Yes, sir.

19:01:14 >>GWEN MILLER: Before you leave, four feet around the

19:01:19 whole building or four feet in the front along Kennedy.

19:01:21 >> Around the entire project.

19:01:22 >>CHARLIE MIRANDA: One thing.

19:01:23 We are talking about fencing.

19:01:25 Let's understand.

19:01:27 I haven't seen anything of the views of how it is going

19:01:27 to look right now.

19:01:32 But this is not a solid wall, is it?

19:01:32 >> No, sir.

19:01:34 >>CHARLIE MIRANDA: Like the one I remember across the

19:01:36 street at ut?

19:01:37 >> Yes, sir.

19:01:38 >>CHARLIE MIRANDA: You can see through it.

19:01:41 >> An ornamental metal fence.

19:01:43 >>CHARLIE MIRANDA: You can see through it.

19:01:43 It is decorative.

19:01:46 Not a strain on your eye to see what is on the other

19:01:48 side and we are making assumptions again that this will

19:01:49 always be a parking lot.

19:01:51 You said that yourself.

19:01:52 >> No, we would --

19:01:54 >>CHARLIE MIRANDA: You said a parking lot.

19:01:55 >> The highest and best use.

19:01:57 >>CHARLIE MIRANDA: For land value.

19:02:00 I don't know what they paid for it, but I assume not

19:02:03 going to be a parking lot forever.

19:02:04 >> I would hope not.

19:02:06 >>CHARLIE MIRANDA: Me either.

19:02:09 >>ABBYE FEELEY: If I may -- I mate to go out of turn,

19:02:10 Abbye Feeley, Land Development.

19:02:14 One item I forget to mention, through this process

19:02:17 there is a desire potentially to use the western lot

19:02:21 while the Eastern lot is under construction for some

19:02:24 temporary parking for TGH.

19:02:27 That is not currently addressed on the site plan.

19:02:30 And what we would like to do is make sure that it does

19:02:31 get addressed.

19:02:35 So we would add temporary parking as a use.

19:02:38 That is on that -- until that -- that west side becomes

19:02:46 improved with temporary shuttle service to take

19:02:48 employees to their -- to their current offices.

19:02:52 So I want to make sure that all operations that could

19:02:55 potentially be occurring on that property is accurately

19:02:58 depicted on-site plan which is going to control the

19:03:02 property if adopted this evening.

19:03:07 Also, one other item that I missed in my staff report

19:03:12 that needs to get addressed is that the -- there is one

19:03:15 additional waiver and that was for the access point.

19:03:17 Part of the overlay requires that the access points to

19:03:22 a site are within 100 feet of Kennedy Boulevard, and

19:03:25 the access points on this plan are beyond that 100 feet

19:03:26 on Magnolia and Fielding.

19:03:30 So that waiver needs to be added to the site plan also.

19:03:33 Thank you.

19:03:33 >>THOMAS SCOTT: Okay.

19:03:35 Petitioner?

19:03:38 >> Mr. Chairman, Councilmembers, good evening, my name

19:03:43 is David Mechanik, 305 South boulevard, Tampa, Florida.

19:03:45 I am here on behalf of the applicant, Tampa General

19:03:46 hospital.

19:03:50 I have with me Elizabeth Lindsey Wood, who is executive

19:03:58 VP at Tampa General, and Oslik Fernandez, Director of

19:04:01 facilities management and Randy Cohen, a plan we are

19:04:03 Cohen and company.

19:04:06 Before we -- staff did an excellent job of describing

19:04:12 the proposal, so I won't go into any detail and nil a

19:04:15 moment ask Mr. Cohen to show you the site plan and the

19:04:16 rendering.

19:04:18 I have a few housekeeping items.

19:04:24 I would like to introduce into the record

19:04:27 transportation comments concerning the vacation

19:04:28 petition.

19:04:31 These are transportation comments from both the

19:04:33 transportation division of the city, as well as the

19:04:39 Florida department of transportation.

19:04:42 And one final document that we are submitting into the

19:04:47 record is a letter from Tampa electric which -- which

19:04:52 supports one of favors concerning the cost of -- of

19:04:56 burying utilities.

19:04:58 Part of the housekeeping item that I wanted to call

19:05:01 this to your attention up front is under the brick

19:05:05 street ordinance, Council must make a finding, and I

19:05:08 think it is a separate action on the part of Council

19:05:13 that the -- the -- the approval of the vacating is in

19:05:15 the public health, safety and welfare.

19:05:18 The reason I bring this to your attention is both the

19:05:22 Florida Department of Transportation, Transportation

19:05:25 Division, has determined that the vacation of the road

19:05:30 will actually eliminate a safety hazard which occurs at

19:05:34 the traffic signal at Brevard and Kennedy Boulevards,

19:05:36 so they are recommending in favor of the vacation in

19:05:42 the public, health, and welfare in order to allow for

19:05:44 the elimination of this traffic hazard.

19:05:49 So I just would like to point that out to you.

19:05:56 I also would like to clarify a couple of misconceptions

19:05:59 or points that were not totally made clear.

19:06:04 Abbye mentioned that we did not seek a six-foot fence

19:06:06 on the Furman property.

19:06:09 The reason we did not seek a six-foot fence on the

19:06:12 Furman property, we are proposing the six-foot fence

19:06:14 for security reasons.

19:06:18 That was totally unnecessary on the Furman site if you

19:06:22 recall because the parking was in parking structures

19:06:25 and the parking structures themselves with gating and

19:06:28 security guards provide their own security.

19:06:30 When you don't have a parking structure, then you have

19:06:35 to have a tall enough height it actually provides for

19:06:39 security, and even a person of my age and condition can

19:06:42 scale four-foot fence fairly easily, and I respectfully

19:06:47 suggest six feet is what we need in order to provide

19:06:48 adequate security.

19:06:50 >>THOMAS SCOTT: Are you prepared to demonstrate that

19:06:52 this evening?

19:06:55 >> I would if you are willing to indulge me but --

19:06:55 [LAUGHTER]

19:07:03 But as I indicated, Mr. Cohen will present the site

19:07:06 plan and rendering and will also show some photographs

19:07:10 of other six month to fences along Kennedy Boulevard.

19:07:14 For the most part just to show Council that if there

19:07:17 was a precedent that was established, whether it was

19:07:20 prior to the overlay or after the overlay going into

19:07:23 effect, it does reflect a certain character of the

19:07:24 area.

19:07:28 And in our particular case, our fence is proposed to

19:07:31 emulate the fence at the University of Tampa, directly

19:07:33 across the street, which I think most people would

19:07:37 believe is a very attractive fence and one that

19:07:39 enhances the neighborhood.

19:07:42 So we would like to just show those to you.

19:07:47 With that I will ask Mr. Cohen to get up.

19:07:50 >> Good evening, my name is Randy Cohen, Cohen and

19:07:54 Company, 411 West Cypress Street, and I have been

19:07:59 sworn.

19:08:04 Quickly wanted to run you through the actual rezoning.

19:08:07 This is the existing office building and will show you

19:08:09 a rendering of that in just a moment.

19:08:11 This building will remain as it is today with an

19:08:15 architectural facelift and a couple of embellishments

19:08:17 made on it and this is the existing building.

19:08:20 What we are really here talk is this parking lot, 457

19:08:21 spaces.

19:08:25 A lot of parking space buses will 450 employees in this

19:08:27 building.

19:08:30 Simple math basically space for employee and that is

19:08:35 what we are seeking here and why the number is 450.

19:08:36 We will have a discussion about the fence.

19:08:39 This is where the fence would be.

19:08:42 Literally along the perimeter of the site.

19:08:44 This being Kennedy Boulevard.

19:08:46 Most important issue is from the back of the sidewalk

19:08:48 to the fence, 22 feet.

19:08:50 So it sits back quite a bit.

19:08:54 This is a rendering, which shows you the building with

19:08:55 the facelift.

19:08:59 This is the new stair tower that provides a little more

19:09:01 interest than the existing building has.

19:09:03 Different types of awnings, et cetera.

19:09:06 This is landscaping along Kennedy Boulevard which was

19:09:09 submit as part of a zoning package, and you can see in

19:09:12 here the actual fence that sits 22 feet back from the

19:09:13 sidewalk.

19:09:15 Couple of reasons for the fence.

19:09:18 Number one, it seems nobody keeping with the University

19:09:21 of Tampa, but more importantly, we have 450 employees

19:09:22 here.

19:09:23 Some will arrive early in the morning.

19:09:26 Some will arrive later, and they will leave later and

19:09:27 later in the evening.

19:09:30 So, therefore, we have an employee staff that will be

19:09:34 out in that parking lot which is a good-sized parking

19:09:35 lot in the evening.

19:09:37 The reason for security.

19:09:40 While it is gated, our plans are that the gates which

19:09:43 will be here on feeling and the small one on Magnolia

19:09:45 will be open basically from 7:00 in the morning until

19:09:46 6:00 in the evening.

19:09:48 So it will be open to the public.

19:09:51 After that, that is after normal business hours, that

19:09:53 is when gates will operate, and that's really when we

19:09:56 need to have a more secure environment.

19:09:58 That is Tampa General's feeling.

19:09:59 They are running a number of things in this.

19:10:01 This is an administrative building.

19:10:03 It is not a medical building.

19:10:05 It is dealing with the business functions for the

19:10:06 hospital itself.

19:10:11 We have got to great extent to prepreserve as many of

19:10:12 the trees as possible.

19:10:18 Right now preserving 82% of the trees.

19:10:19 That one of the reasons for the layout of the parking

19:10:20 lot.

19:10:23 Tampa General encouraged me to save as many trees that

19:10:23 I could.

19:10:27 Made for a very interesting parking layout and it has

19:10:28 made for it interesting.

19:10:30 Going into the fencing a little bit more.

19:10:39 I wanted to use the overhead just to show some photos.

19:10:40 If we have the overhead.

19:10:41 That is the University of Tampa.

19:10:45 The fence we are proposing is basically identical to

19:10:46 this particular fence.

19:10:49 We will have the same type of columns, same type of

19:10:49 fencing.

19:10:56 This is one of the.residential facilities on the South

19:10:58 side of Kennedy directly across the street from the

19:10:59 University of Tampa.

19:11:03 In is the corner of Kennedy Boulevard and Hyde Park if

19:11:06 I am not mistaken, six-foot fence.

19:11:09 This is just down the street on the South side of

19:11:10 Kennedy at Edison.

19:11:13 Edison is approximately a block west of north

19:11:14 boulevard.

19:11:16 This again is a relatively new building.

19:11:18 I believe this building was constructed -- approved and

19:11:22 constructed after the overlay was approved, but there

19:11:24 is a little bit of discussion about that.

19:11:26 As you can see in the front of the building, this being

19:11:29 Kennedy Boulevard, while they have parking under the

19:11:34 building, they also have a six-foot fence.

19:11:35 Nice metal fence definitely.

19:11:38 This is the rear of their parking lot in the back.

19:11:47 Again, as you can see, six-foot fence all the way

19:11:49 around and that went out.

19:11:53 This is down the street.

19:11:55 To give that you just as a point of reference.

19:11:58 This is their parking lot in the rear.

19:12:03 Columns, six-foot fence.

19:12:06 Seymour shot, columns, six-foot fence.

19:12:10 This is actually between the Solomon building here on

19:12:12 the left, which would be to the west and existing

19:12:14 building on the east.

19:12:18 Again a six-foot fence with a column is Kennedy

19:12:21 Boulevard, the fence sits back approximately 20, 25

19:12:21 feet.

19:12:24 So there certainly are a number of fences along Kennedy

19:12:27 Boulevard and businesses that for one reason or another

19:12:30 have felt it was important spend the money to provide

19:12:31 this.

19:12:34 And that was Tampa General's opinion as well regarding

19:12:37 their property for this particular use at this time.

19:12:40 I will be glad to answer any questions you might have.

19:12:43 >>THOMAS SCOTT: Okay.

19:12:44 >> David Mechanik for the record.

19:12:47 Oh, by the way, I have been sworn before.

19:12:49 Just to conclude our remarks.

19:12:52 Our purpose there is to, I think, show Council that

19:12:58 these are very aesthetic and appropriate kind of

19:12:59 examples, things are reasonable.

19:13:02 Frankly, I heard what the staff said.

19:13:06 I am not sure why the overlay has a two-foot fence

19:13:07 requirement on Kennedy Boulevard.

19:13:10 It certainly may be something Council wants to revisit

19:13:15 in the future, but you are entitled to approve a waiver

19:13:19 as we have can requested this evening, and in

19:13:26 connection with a security reasons and the fact we have

19:13:31 provided essentially aesthetic treatment I would

19:13:34 address in our view any of the staff concerns.

19:13:38 Abbye also mentioned in her report.

19:13:40 I don't believe she made a point of it in her

19:13:41 presentation.

19:13:43 We have asked for a waiver of the buffering requirement

19:13:46 from 30 feet to 26 feet.

19:13:51 And we have done that also to create enough space to

19:13:54 allow for the number of parking spaces that we need for

19:13:56 the employees on the site.

19:13:58 I would just respectfully suggest that the difference

19:14:05 between 26 feet and 30 feet will be to the human eye in

19:14:07 terms of a pedestrian walking down the sidewalk or

19:14:12 certainly a motorist driving by, and we think it is a

19:14:14 reasonable request in light of all the circumstances

19:14:18 and demands that Tampa General has to provide the

19:14:20 number of employees that it has to go into this

19:14:21 building.

19:14:25 And with that, we are happy to answer any questions.

19:14:27 And respectfully request your approval.

19:14:30 >>THOMAS SCOTT: Any questions from Council?

19:14:32 Councilwoman Mulhern.

19:14:33 >>MARY MULHERN: I had one question.

19:14:36 I don't know if you can answer this or Mr. Cohen, but I

19:14:40 am just curious about the -- the Department of

19:14:45 Transportation and what -- I know that intersection

19:14:49 well, but what was the determine?

19:14:52 How would closing that street -- vacating the street

19:14:55 make it safer?

19:14:58 >> Randy can speak to that.

19:15:01 >> Actually very short, interesting story about that.

19:15:03 When we originally proposed this rezoning, we had our

19:15:07 entrance at Brevard and Kennedy Boulevard.

19:15:10 We had another one down on Cleveland, where Brevard is.

19:15:13 Going through the review process, the city's Department

19:15:17 of Transportation division and the D.O.T. thought it

19:15:21 would be great if we could eliminate this signal.

19:15:24 If you recall nice, interesting curve in that area.

19:15:28 The Amscot building no fought of their own but provide

19:15:31 a pretty significant blind spot of people coming from

19:15:33 the north to the South on Kennedy Boulevard and they

19:15:36 thought this may be a golden opportunity to actually

19:15:37 remove that traffic signal.

19:15:40 To remove that traffic signal requires Brevard being

19:15:42 vacated to the South so there is not an intersection

19:15:45 there per se.

19:15:47 This provided the department and the city of

19:15:49 transportation folks the opportunity to eliminate a

19:15:52 traffic signal which has been problematic from time to

19:15:54 time and creates some problems in that area.

19:15:58 So we have really dominoed into, we revised our entire

19:16:01 site plan to gain access off of Fielding and Magnolia

19:16:05 in order to accommodate a city desire and D.O.T. desire

19:16:08 to remove that traffic signal that they felt was

19:16:11 hazardous and best removed if at all possible

19:16:13 especially when you consider adding more traffic

19:16:16 turning at this signal for this particular project.

19:16:20 >> So they are going to remove the signal -- the signal

19:16:23 is at Brevard and Kennedy, right?

19:16:24 >> Yes, it is.

19:16:26 >>MARY MULHERN: The blind spot when you are coming

19:16:28 South on Brevard, right?

19:16:30 >> They are going to work with the property owners to

19:16:30 the north as well.

19:16:33 This just simply provides the stimulus and the

19:16:35 opportunity to work with them.

19:16:37 Basically they are dealing with two property owner

19:16:40 there is which is Amscot to the east and the University

19:16:43 of Tampa to the west, and recall as well just north of

19:16:47 this area, Brevard has also been vacated so a very

19:16:50 small section that has been a public street.

19:16:52 Before the traffic signal is removed they will work

19:16:54 with them to do something for that remaining leg of

19:16:58 that intersection, perhaps make it a right-only

19:17:01 movement both into the roadway or out of it, or perhaps

19:17:03 close it all together.

19:17:06 Those decisions haven't been made because everything is

19:17:09 contingent of this rezoning and the vacation of Brevard

19:17:10 to the South.

19:17:11 >> Brevard is vacated.

19:17:14 You are saying north of that block.

19:17:18 >> Basically north of am Scott.

19:17:22 Brevard vacated as well to the University of Tampa

19:17:22 proper.

19:17:24 >>MARY MULHERN: The Crosstown.

19:17:30 >> The Crosstown is literally a barrier to the South.

19:17:31 >>MARY MULHERN: Thank you.

19:17:32 >> Thank you.

19:17:37 >>THOMAS SCOTT: Any other questions?

19:17:39 Okay, anyone from the public wish to address Council?

19:17:43 Anyone from the public?

19:17:44 Mill move to close.

19:17:47 >>THOMAS SCOTT: Well, before we do that, let me hear

19:17:52 from staff from the -- either Abbye or Mr. Callahan on

19:17:55 -- we go back to the fence.

19:18:02 We are talking five acres and five city blocks.

19:18:05 >>ABBYE FEELEY: Abbye Feeley, Land Development

19:18:06 Coordination.

19:18:08 It is five acre.

19:18:12 Standard city block is 210 x 210.

19:18:15 462 feet in depth so --

19:18:17 >>THOMAS SCOTT: How long is the ut fence and how long

19:18:20 is the other building he showed us and recently erected

19:18:22 a couple of years ago.

19:18:26 How long is that?

19:18:30 They are comparing it to the fence that is already up,

19:18:30 I guess six feet.

19:18:35 My question is, how long are they compared to this

19:18:45 project.

19:18:48 >> A couple hundred feet, Mr. Chairman.

19:18:53 >>ABBYE FEELEY: I think particular put this -- I think

19:18:56 if I can put this up for a minute.

19:18:57 I think you are referring to this segment as it comes

19:19:00 down and goes back and I think actually in some portion

19:19:03 it is staggers back off of Kennedy Boulevard.

19:19:07 But what we are talking about is the full length here

19:19:11 when you are coming down Kennedy into that portion, and

19:19:14 then again all the way around these portions here.

19:19:18 It is over 1,000 feet when we go around this way, and

19:19:25 500 feet along Kennedy Boulevard.

19:19:27 >>THOMAS SCOTT: So, but the question again is relative

19:19:32 to the property UT sited and what was the other

19:19:36 building that you sited?

19:19:38 >> The Solomon building.

19:19:41 >>THOMAS SCOTT: I am trying get the distance, the

19:19:43 length since they made a comparison to that.

19:19:44 >> If I might, I believe the fence we are talking about

19:19:47 in front of the University of Tampa moving from their

19:19:49 main entrance all the way to the west is probably about

19:19:52 1,000 feet would be my guess.

19:19:57 Solomon is a similar depth parcel, but half of the

19:19:58 width.

19:20:00 Probably 250 to about 500 feet.

19:20:02 Now its park something all in the rear.

19:20:07 I don't want to mislead anyone but the six-foot fence

19:20:09 they have between their building and the adjacent

19:20:09 building.

19:20:14 It is approximately 25th and about 20 feet back from

19:20:14 the sidewalk.

19:20:17 Where ours are 22 feet back and certainly longer than.

19:20:22 But with a lot of landscaping in front of it.

19:20:26 >>THOMAS SCOTT: I need staff to speak to -- at least

19:20:29 to me relative to the overlay, and it was -- I guess it

19:20:35 was passed in 2006 what was the -- I guess the

19:20:37 environment, the reason for Council at that time.

19:20:41 I wasn't here.

19:20:42 >>ABBYE FEELEY: If I may.

19:20:45 I would concur with Randy that the other parcel is

19:20:47 about 240 feet.

19:20:54 Where this is the two parcels plus Brevard.

19:20:58 What you see of those pictures were Commercial general

19:21:00 properties that before the overlay, Commercial general

19:21:04 property can have a six-foot fence, and once the

19:21:08 overlay was passed, which created this vision for the

19:21:11 Kennedy Boulevard and looked to activate the boulevard

19:21:18 by lowering those fences, creating activation, bringing

19:21:22 buildings up, pushing the parking back, that's why

19:21:25 there is that 30-foot setback for parking, thought to

19:21:28 remove that in and create that corridor back to its

19:21:33 original feel as Grand Central.

19:21:35 Which he had prior discussions on and that's where we

19:21:36 are today.

19:21:40 We don't get large tracts of land like this in the

19:21:43 city, and we definitely don't get them this proximity

19:21:46 from the urban core or to the central business

19:21:46 district.

19:21:49 This property is actually located in the central

19:21:53 business district periphery, so it is recognized as a

19:22:00 part of that character of the urban core as part of the

19:22:02 overlay and part of the comprehensive plan which

19:22:07 designates those areas, the periphery which is they

19:22:09 have some association to what is going month urban

19:22:09 core.

19:22:12 And to treat it more like an office park or something

19:22:18 in another more suburban stipe out of character with

19:22:20 the vision of what we are creating for Kennedy

19:22:23 Boulevard as an entrance and gateway into the downtown

19:22:26 core.

19:22:28 >>THOMAS SCOTT: Councilman Miranda and Councilwoman

19:22:29 Mulhern.

19:22:31 >>CHARLIE MIRANDA: A couple of observations.

19:22:35 That building being renovated was the old Plymouth.

19:22:39 Plymouth in Tampa, the Amscot was the old gyro where

19:22:42 you can get a $3.99 meal.

19:22:45 And what I am saying is, that intersection very

19:22:46 dangerous.

19:22:49 Not only is it on the point of a turn, but the building

19:22:54 is pushed almost to the sidewalk, right parallel to the

19:22:54 sidewalk.

19:22:57 Therefore, you have an obstruction when you are heading

19:22:59 South and look east.

19:23:00 Light or no light.

19:23:04 The next thing is it was never envisioned or I believe

19:23:08 it was never envisioned that you would have a large

19:23:09 tracts of land come together.

19:23:15 When that overlay was made in 2000, it was vision of

19:23:18 60, 80 and 100-foot lots.

19:23:21 You wouldn't want to see fences like this.

19:23:24 You thought you were at Lowry Park Zoo looking at a

19:23:25 camel circus.

19:23:26 Things changed.

19:23:27 We have changed.

19:23:28 I haven't, but we have.

19:23:34 And when you look at -- at the -- at the fencing, is it

19:23:37 contiguous?

19:23:41 Is it visual blight by having the same sized fence as

19:23:43 your neighbor across from you.

19:23:45 That's what I am looking at.

19:23:47 Is it what you said all true, question.

19:23:52 But the fact is that it is only the portion and maybe

19:23:55 "only" is not the word, but a portion solely is a

19:24:00 better word of what faces Kennedy.

19:24:03 The perimeter on the east and west and southern part

19:24:06 are not viewed by the corridors of anyone who drives on

19:24:11 Kennedy is that correct?

19:24:14 >>ABBYE FEELEY: Are they not visible from Kennedy?

19:24:16 >>CHARLIE MIRANDA: That is exactly what I said because

19:24:18 you don't know what will be there tomorrow.

19:24:23 You have the econo motel which I will say that I never

19:24:24 used.

19:24:26 Let me say that.

19:24:26 [Laughter]

19:24:41 I want to indicate --

19:24:44 >>ABBYE FEELEY: The predominant face of this property

19:24:46 is the face of Kennedy.

19:24:47 >>CHARLIE MIRANDA: All right.

19:24:53 So now we have the world's smallest park, Snow, which

19:24:58 is Grand Central, that is part -- this doesn't -- all

19:25:02 this fence is not on Kennedy.

19:25:03 No.

19:25:06 So Kennedy and Grand Central.

19:25:10 We are saying Kennedy, period.

19:25:13 >>ABBYE FEELEY: There is a very small portion and most

19:25:15 of the building is the frontage on Grand Central.

19:25:23 It really does at that apex.

19:25:25 >>CHARLIE MIRANDA: Apex 60 foot long.

19:25:28 >>ABBYE FEELEY: As you can see it almost identically

19:25:32 lines up where Grand Central begins.

19:25:34 The original building which I acknowledge built in

19:25:37 1923.

19:25:39 Great redevelopment.

19:25:41 Once you pass that is where you are going to pick up

19:25:44 and that's why on that side we say a little over 500.

19:25:49 I think 505 feet there.

19:25:58 On the South side it is larger, about 535 there.

19:25:59 So.

19:26:02 >>GWEN MILLER: You come along are over 1,000.

19:26:05 >> You say this is over 1,000 based on the fact that

19:26:11 between Fielding and the neighbors to the west, you

19:26:13 will have to be looking this way to see a fence when

19:26:16 you are supposed to be driving straight.

19:26:19 That's my only observation of it.

19:26:22 I mean, you don't drive looking right or looking left

19:26:24 when you are on Kennedy Boulevard.

19:26:25 I hope not.

19:26:28 >>ABBYE FEELEY: I hope not at any time you are looking

19:26:30 straight ahead.

19:26:30 >>CHARLIE MIRANDA: Thank you.

19:26:33 >>THOMAS SCOTT: Councilwoman Mulhern.

19:26:35 >>MARY MULHERN: I don't like to -- I don't like to

19:26:38 vacate streets but this one looks like it -- it doesn't

19:26:43 have anywhere to go anyway other than to the -- to the

19:26:50 Crosstown, but, you know, this wide side lot -- you

19:26:55 know, wide side lot, nice grassy landscape area and a

19:26:59 tall fence to me seems like a decent treatment there.

19:27:02 I understand -- and I don't like to ignore the overlay

19:27:06 either, but, I mean, this would be a great spot for a

19:27:07 park.

19:27:12 If you had -- in a lot of urban cores, you see -- you

19:27:18 know, you think of New York or anywhere where they have

19:27:22 -- they will have a green space in the middle of a busy

19:27:24 urban area and have it fenced in with decorative

19:27:26 fencing like this.

19:27:28 So I don't find it difficult.

19:27:32 It is just kind of sad that we are taking five acres

19:27:35 and turning it into a parking lot in the urban core,

19:27:38 and I think it is more speaks to, you know, just where

19:27:42 our economy is right now that that is the kind of --

19:27:45 that is the kind of growth we are having.

19:27:49 Sprucing up what essentially, I guess, is just vacant

19:27:50 land right now.

19:27:56 So I don't think it is so terrible, the fence.

19:28:00 I am wondering though -- it seems like -- I don't think

19:28:02 any -- well, Charlie, you might have been here when

19:28:06 that Kennedy overlay was put in, but this idea of

19:28:10 having the Commercial buildings right up against the

19:28:16 street, and that -- that whole urban concept on

19:28:22 Kennedy, which is -- is a very busy road, and I am just

19:28:25 not sure -- it would be great if we were having that

19:28:30 kind of rebirth of -- of storefronts and all that on

19:28:35 Kennedy right now, and it would be nice, but I just --

19:28:38 it doesn't look like it is going to happen right now.

19:28:42 And I think putting in a fence here.

19:28:44 I would hope this isn't always going to be a parking

19:28:48 lot, that there will be some better use, and --

19:28:51 >>ABBYE FEELEY: If I may clarify that.

19:28:53 This will be the only use right now.

19:28:56 And when and if that use changes in the future, that

19:29:00 will come back before you as this PD only allows

19:29:02 fortuitous as you see it today.

19:29:03 >>MARY MULHERN: Okay.

19:29:05 >>ABBYE FEELEY: And that at a later time we may

19:29:07 revisit that.

19:29:10 >>MARY MULHERN: So if there is something else proposed

19:29:14 where it might be, you know, a building or some kind of

19:29:19 structure, that could be Billed to those

19:29:25 specifications, I think we can, you know, revisit it.

19:29:27 >>ABBYE FEELEY: With the current --

19:29:30 >>MARY MULHERN: I don't find it visually to be a bad

19:29:31 thing.

19:29:34 >>ABBYE FEELEY: I think that is what the current PD on

19:29:37 that west -- the west side where they -- it was for the

19:29:39 multifamily brought all the way up to the building --

19:29:44 you know, to the front that had stoops and walkways

19:29:46 that activated out on to the sidewalk.

19:29:49 >>MARY MULHERN: I honestly am not sure that that is --

19:29:54 that concept makes it -- makes that much sense on a

19:29:56 busy street like Kennedy, you know.

19:30:00 So -- I think -- I would rather have somewhere, you

19:30:02 know, this is -- this could be perfect.

19:30:08 It could have park benches and employees could eat

19:30:09 their lunch there.

19:30:14 It doesn't seem so bad.

19:30:18 >>THOMAS SCOTT: Any other questions?

19:30:21 >>ABBYE FEELEY: I do have one housekeeping item in

19:30:22 relation.

19:30:26 The -- when I came up and mentioned before about the

19:30:30 temporary parking for that west side with the temporary

19:30:31 shuttle service.

19:30:35 I do -- should it be the pleasure of Council to move

19:30:37 forward on what is before you tonight, we will have to

19:30:39 modify that revision sheet to address that.

19:30:42 Not only to address that, but I would like to see a

19:30:44 notation added that once the renovation work is

19:30:49 completed to the building, that that function as the

19:30:54 parking for off-site uses and the shuttle service would

19:30:58 terminate, and would not be operating after that point

19:31:00 since that parking will be servicing those individuals

19:31:06 that actually work at that location.

19:31:08 >>THOMAS SCOTT: Time --

19:31:12 >>ABBYE FEELEY: Time for certificate of occupancy for

19:31:12 the building.

19:31:15 >>JULIA COLE: Julia Cole, Legal Department.

19:31:17 Because this is a use that -- off PD that limit uses

19:31:21 and this -- the -- you have a PD that limit uses and

19:31:24 the parking use was not specified on the PD in the

19:31:28 ordinance I adopted, I actually amended the ordinance

19:31:31 and have a new ordinance if it is the pleasure of

19:31:33 Council to move forward which adds the temporary

19:31:41 parking use with the limitations described.

19:31:43 Guilt ahead and substitute that ordinance.

19:31:45 >>GWEN MILLER: Move to close it.

19:31:48 >> Second.

19:31:50 >> Just wanted for the record see if Mr. Mechanik has

19:31:54 any closing remarks based on what was said.

19:31:54 >> David Mechanik.

19:31:57 I would like to say that we concur with the changes

19:31:59 just subscribed by Julia and Abby.

19:32:05 And we have nothing further to add.

19:32:06 >> Motion to close.

19:32:06 Moved and seconded.

19:32:10 All those in favor signify by saying aye.

19:32:13 >> I believe we have the vacate first.

19:32:16 >>GWEN MILLER: Move to vacate.

19:32:22 >> An ordinance associated with that?

19:32:26 Mr. Chairman, an ordinance vacating discontinuing a

19:32:30 certain right away the portion of Brevard Avenue, John

19:32:33 F. Kennedy Boulevard and also Cleveland Street east of

19:32:36 Fielding Street and west of Magnolia Street, including

19:32:41 a request to displace a brick street lying in or over

19:32:44 that same certain right-of-way in the plan of

19:32:48 Washington's subdivision in the City of Tampa,

19:32:50 Hillsborough County, Florida.

19:32:54 To certain use, covenants and restrictions and more

19:32:58 particularly described herein.

19:33:00 >>THOMAS SCOTT: Moved and seconded.

19:33:01 Seconded by Councilman Miranda.

19:33:03 All in favor say aye.

19:33:06 >> Motion carries with Caetano being absent.

19:33:08 >>THOMAS SCOTT: That on the vacating.

19:33:10 >>CHARLIE MIRANDA: That is number 4.

19:33:21 Number 5 is substituted by Julia Cole.

19:33:25 Chairman, move an ordinance rezoning property 606, 608,

19:33:28 702, West Kennedy.

19:33:30 >>MARY MULHERN: Second.

19:33:39 >> 107, 109, 110, 111, 112, 113, 114 and 115 South

19:33:48 Brevard street, 711, 707, 607, 605, 603 and 601

19:33:53 Cleveland Street, CG Commercial general, OP Office

19:33:56 Professional, and PD Planned Development to PD Office

19:34:00 Parking provide an effective date as stated on the

19:34:03 record on the temporary issues agreed upon by certain

19:34:05 you a agreements by the petitioner.

19:34:07 Am I correct in all that?

19:34:14 Yeah, the revision as substituted.

19:34:15 >>THOMAS SCOTT: Moved and seconded.

19:34:18 Seconded by Councilwoman Capin.

19:34:22 All those in favor signify by saying aye.

19:34:23 Opposed.

19:34:28 >> Motion carries with Caetano being absent.

19:34:44 January 6 at 9:30 a.m. on both ordinances.

19:34:47 >>THOMAS SCOTT: Item 7.

19:34:50 >>ABBYE FEELEY: Council, Abbye Feeley, Land Development

19:34:50 Coordination.

19:35:03 Let me get you a packet real quick.

19:35:19 Item 7 on your agenda is Z10-4331 west Azeele Street.

19:35:23 Request from planned development office business

19:35:25 professional to PD office medical.

19:35:28 There are five waivers associated with this.

19:35:31 To reduce the buffer along the north boundary, to

19:35:34 reduce the buffer along the west, to reduce the

19:35:37 required parking from 21 to 19, to reduce the drive

19:35:43 isle from 26 to 22, an to reduce the backup from 7 to

19:35:43 5.

19:35:46 Council, this was originally rezoned back in the early

19:35:56 80s to IP, which was Institutional Professional that

19:35:59 was for an interior design and art gallery.

19:36:04 Then changed to a PD because the site plan control

19:36:06 became PD and today it is before you to change from a

19:36:15 business professional use to a medical office use.

19:36:20 >> Good evening, once again, members of Council, Tony

19:36:22 Garcia, Planning Commission staff.

19:36:25 I have been sworn.

19:36:29 Proposed request in front of you now is also located

19:36:32 within the Central Planning District which is one your

19:36:34 five planning districts that comprise the City of

19:36:34 Tampa.

19:36:39 The request as Miss Feeley has stated to you is to go

19:36:40 from PD to PD.

19:36:43 Currently is Business Professional.

19:36:46 The request is to go for a little higher intensity to

19:36:50 allow medical uses.

19:36:53 The future land use categories are as such.

19:36:56 You have R-35 to the South on Azeele, R-20 on the north

19:37:00 face of Azeele, R-10.

19:37:04 SMU-35 along MacDill Avenue.

19:37:07 Several blocks off of Kennedy Boulevard.

19:37:13 The character along Azeele has really consistently

19:37:18 transitioned to a low to mid-intensity type of

19:37:22 nonresidential type of office use.

19:37:24 More so to the east of MacDill than to the west.

19:37:27 Do you have a pretty good degree percentage of medical

19:37:30 uses that are integrated along with the professional

19:37:33 office uses that are along this particular segment of

19:37:34 Azeele.

19:37:38 You can see Henderson boulevard here on the very corner

19:37:39 of the aerial.

19:37:43 So you can get a little bit of context as to where the

19:37:43 site is.

19:37:46 This is Cleveland of course.

19:37:49 Cleveland is one block South of Kennedy Boulevard.

19:37:52 Right on the corner of Woodland and Azeele.

19:37:56 The thing that is a little bit precarious about the

19:37:59 site is your ingress, egress would be off of Woodland.

19:38:02 What needs to be done really from a design aspect is to

19:38:06 be certain that the applicant is sensitive to the

19:38:08 residential presence, which there is a residential

19:38:11 presence on Woodland itself.

19:38:15 This is -- once you get past here, these are all

19:38:18 residences leading pretty much throughout the central

19:38:20 part of Woodland.

19:38:23 The way it is configured right now, you pretty much

19:38:27 have to lead out and come right on Azeele Street as far

19:38:30 as -- people coming from Azeele will have to go rather

19:38:33 than site the way it is currently configured but I

19:38:36 think that would be something if you all had a concern

19:38:40 about any type of automotive impacts continue to

19:38:44 Woodland, might be something you may want to take into

19:38:45 consideration for transportation if you have concerns

19:38:47 during the course of the hearing.

19:38:49 But as far as the use itself and the land use category

19:38:53 which is r-20 that allows for consideration of it and

19:38:56 also a nonsignificant presence on Azeele.

19:38:59 Complimentary to the exist uses and character along

19:39:00 Azeele.

19:39:02 Planning Commission staff found proposed request

19:39:04 consistent with the comprehensive plan.

19:39:08 Thank you.

19:39:13 >>ABBYE FEELEY: Thank you, Tony.

19:39:15 The request is to rezone the property.

19:39:21 Expand the existing 2472-square-foot two-story office

19:39:24 building for medical office use including addition of

19:39:25 40 8 square feet.

19:39:28 Also a detached structure which is formally detached

19:39:32 garage of 614 square foot included in the request for a

19:39:40 total medical office of 3492 square feet.

19:39:42 I think Tony described the approximately location, the

19:39:48 entire site contains 15,975 square feet or .37 of an

19:39:49 acre.

19:39:53 The PD setbacks are north 64.4 feet.

19:39:55 East, 25.6 feet.

19:39:57 South, 13.2 feet.

19:39:59 And west, 11.8 feet.

19:40:02 The maximum building height is proposed at 35 feet.

19:40:05 A total of 21 parking spaces are required.

19:40:09 19 spaces are being provided including one ada, 11

19:40:12 compact spaces and 8 standards.

19:40:14 A waiver is being requested for the two-space

19:40:15 deficiency.

19:40:19 The structure has craftsman-style architecture and is

19:40:22 propose to maintain its residential character.

19:40:29 Tony showed you the site's location.

19:40:32 It is an interesting zoning atlas sheet.

19:40:33 I was looking back there.

19:40:35 Look at all those PDs on MacDill.

19:40:45 This is MacDill, Azeele, Woodland.

19:40:53 Show you a few pictures.

19:40:55 This is the existing structure.

19:40:58 The modifications will be made on the side and the

19:41:00 other side on the rear, you can see on the site plan

19:41:07 that I provided is the detached structure to the west.

19:41:12 A home to the west.

19:41:15 Shot closer there.

19:41:17 The zoning atlas to the east is an RO-1.

19:41:22 That is a business professional office there.

19:41:23 Another picture of that.

19:41:25 This is looking at the site.

19:41:31 This is standing on Woodland and looking west, which

19:41:35 this is the driveway that Mr. Garcia was referring to.

19:41:39 Another view looking at the site.

19:41:42 This is the home immediately to the north, moving our

19:41:44 way up Woodland.

19:41:46 Next to that house there.

19:41:48 A view of Woodland.

19:41:52 It is a very narrow residential street.

19:41:57 This is the east side of Woodland.

19:42:01 Very quaint little area back there.

19:42:08 This is the southeast corner of MacDill and Azeele.

19:42:10 The Sunoco station there.

19:42:20 You have the baby bungalow, child abuse Council, as

19:42:24 Tony mentioned there are a mix of use there is.

19:42:30 Photo -- photographer studio there as well.

19:42:34 Staff found this -- this request consistent.

19:42:37 After we did so, we received word from the applicant

19:42:39 that they had some conversations with the property

19:42:43 owner to the north, and there were some requested

19:42:48 modifications by that owner, and I would like to go

19:42:49 over them.

19:42:53 I think I may have given you all of my revision sheets.

19:42:57 The first is along the north there.

19:43:01 There was a wood fence, and the property owner to the

19:43:05 north had suggested that that be a concrete masonry

19:43:06 wall.

19:43:10 That's not a problem, and the applicant is willing to

19:43:11 do that.

19:43:14 The thing is you got two grand trees at both ends of

19:43:15 that.

19:43:17 So there is still going to be a waiver for inside the

19:43:21 protective radius of these trees because we won't let

19:43:24 that masonry wall sit on the root systems of those

19:43:25 trees.

19:43:34 The other is to also change the driveway a bit and this

19:43:39 will be addressed by Miss Hammer when she comes up.

19:43:42 I ran these modifications by the DRC and no issues as

19:43:45 long as the revisions as stated on the revision street

19:43:46 were provided.

19:43:48 The other thing the Mulberry tree which is not a

19:43:49 protected tree.

19:43:52 The property owner of the north wanted that to come out

19:43:54 since it was a nuisance, so they were going to take

19:43:55 care of that as well.

19:44:00 Based on these modifications, we have had a preliminary

19:44:03 review of plans a advised, and staff did find this

19:44:04 consistent.

19:44:06 We are available foy any questions.

19:44:07 >>GWEN MILLER: Any questions?

19:44:13 Petitioner.

19:44:18 >> Good evening, my name is Ethel Hammer, 4343 Anchor

19:44:23 Plaza Parkway, Suite 220, Tampa, 33634.

19:44:27 I am with Englehardt, Hammer & Associates.

19:44:31 I am here with Juda Reuben, who is the project manager

19:44:33 working on the renovation of this structure for a

19:44:35 medical office.

19:44:43 Our client, Dr. Mack is a plastic surgeon and will be

19:44:47 the only doctor utilizing this office.

19:44:49 The staff has done a great job covering most of the

19:44:51 points, so I will just cover a few highlights.

19:44:55 I did want to re-emphasize, this has been an office

19:44:56 since 1983.

19:44:58 The structure was built in 1925.

19:45:04 It is a wonderful historic home, and the architectural

19:45:08 integrity of the structure will be maintained as part

19:45:09 of the renovation work.

19:45:14 Dr. Mack, as I said, is the only practitioner here.

19:45:17 His office will only be open Monday how that Friday

19:45:20 during the day, and even at that, he is a surgeon, so

19:45:25 he will be off-site approximately one and a half days a

19:45:26 week doing surgery at a hospital.

19:45:30 So his office hours will really only be approximately

19:45:31 three and a half days a week.

19:45:35 So it is really a fairly low intensive, low volume

19:45:45 medical office building.

19:45:48 An issue brought up by Mr. Garcia regarding the

19:45:48 driveway.

19:45:52 The way the driveway is oriented is where the existing

19:45:55 driveway is located for the current office.

19:46:08 If I may find -- to show that you.

19:46:12 As you can see the driveway is oriented to the

19:46:16 southeast at an angular direction so that patrons to

19:46:19 this facility will be turning in at this location and

19:46:21 exiting as well.

19:46:25 And so it is about as much of a discouragement to use

19:46:30 of Woodland as you can possibly get with the existing

19:46:36 driveway.

19:46:38 The waivers are a little bit deceiving.

19:46:42 The first two waivers that were mentioned by miss

19:46:45 Feeley are actually existing conditions.

19:46:48 But since we were going from PD to PD, and we have to

19:46:51 comply with the current code, we are not changing any

19:46:56 of the setbacks that is currently in recognition of the

19:46:58 existing condition.

19:47:01 The waiver on the parking.

19:47:04 We are asking for two parking spaces to be waived.

19:47:08 Technically we need 21, but the reason we need 21 is

19:47:12 because that calculation includes the second story of

19:47:14 this structure which you saw in the pictures.

19:47:19 That will be used solely for file storage.

19:47:22 So technically it is not part of the medical office

19:47:25 operation, and 19 spaces for one doctor is more than

19:47:29 adequate, so we believe the fact that the second story

19:47:34 will be used for office file storage justifies the

19:47:38 request for reduction in the number of parking spaces.

19:47:42 This request is mentioned by Mr. Garcia in fact very

19:47:46 consistent with the uses that are along Azeele.

19:47:48 Off mix of professional office and medical office.

19:47:51 So we believe that it is consistent with the zoning

19:47:54 pattern and with the land use pattern along Azeele.

19:47:59 And with that, I will close my presentation to see if I

19:48:01 have any need for rebuttal.

19:48:01 Thank you.

19:48:03 >>GWEN MILLER: Questions by Councilmembers?

19:48:07 Anyone in the public who would like to speak?

19:48:16 On item 7, anyone like to speak on item 7?

19:48:25 Go ahead.

19:48:26 >> Good evening.

19:48:30 My name is Jack Debee.

19:48:34 You live at 207 South Woodland.

19:48:35 I have a couple letters from neighbors.

19:48:39 Basically our concerns are -- and it was mentioned

19:48:43 earlier that Woodland was a very narrow street.

19:48:52 Woodland is 19 feet, 9 inches wide.

19:48:57 All the other streets are 23 feet wide and basically

19:49:06 from here down, that much wider on the other street.

19:49:13 A basic car, a subcompact SUV which I measured today is

19:49:15 7 feet, 6 inches.

19:49:18 Mailman is 7 feet, 9 inches.

19:49:23 Our concern is anybody parking on woodland.

19:49:25 And there are two buildings there with two different

19:49:30 addresses.

19:49:32 If one of those other buildings becomes something else,

19:49:39 there could be a parking problem.

19:49:42 And talked to the fire department and a fire truck is 9

19:49:45 feet wide and the one I measured was 45 feet long and

19:49:51 they say it takes 20 feet if cars are parked on both

19:49:55 sides of a normal sized street and ours is less to get

19:49:56 the fire truck through there.

19:49:59 They didn't have a rescue truck so I couldn't measure

19:50:00 that.

19:50:04 Our main concerns are parking on the street.

19:50:11 Because if you have housekeepers, yardmen, pool guys,

19:50:15 park in the street, doing their jobs, there could be a

19:50:20 real problem with getting down Woodland because it is

19:50:21 so narrow.

19:50:28 And I have got letters from a couple other neighbors.

19:50:30 And basically that's it.

19:50:33 But if you -- if you have 2500 square feet.

19:50:35 You only need 18 spaces.

19:50:40 Because it is one -- I believe one space for every --

19:50:48 six spaces for every 1,000 square feet.

19:51:00 As long as you are going in one building.

19:51:05 >> Good evening, John Van Pelt, 218 South Woodland.

19:51:05 Excuse me.

19:51:09 I live right across woodland from the property.

19:51:13 And to begin with, I am not opposing anything.

19:51:18 My whole deal is parking, and you hear stories about --

19:51:21 and I am not saying this doctor does this, but you hear

19:51:26 stories about plastic surgeons having botox parties and

19:51:28 things -- things like that scare me, you know.

19:51:31 Middle of the evenings, you know, after work, again,

19:51:33 our street is narrow.

19:51:35 People park in the street.

19:51:38 All the spaces are filled up.

19:51:44 I -- I believe we need -- we just need some concessions

19:51:47 and I think that is the whole neighborhood concern.

19:51:51 You know our little neighborhood is an island.

19:51:54 And it is surrounded by sharks right now, and it's --

19:51:56 it's getting worse.

19:52:00 And I know you can't stop progress and all that, but it

19:52:03 is just -- parking right is now my concern.

19:52:06 And -- and it affects me more than anything because I

19:52:09 am right across the street.

19:52:13 And the child abuse Council two tore three times a year

19:52:19 has a party, fundraiser, whatever they have, and the

19:52:21 parking comes down our street.

19:52:25 And people are just looking for a place to park, and --

19:52:28 they don't care if they are blocking your driveway and

19:52:31 -- I have to go up on my neighbor's yard and my yard

19:52:34 sometimes to get out on to my street because of people

19:52:36 parking on it.

19:52:38 That is my concern.

19:52:39 Thank you.

19:52:41 >>THOMAS SCOTT: Councilwoman Mulhern.

19:52:44 >>MARY MULHERN: Yes, sir, can I ask you a question?

19:52:46 >> Absolutely.

19:52:49 >>MARY MULHERN: You said you wanted concessions.

19:52:50 What is it that you want?

19:52:53 >> I just want -- I just want people to park in their

19:52:56 parking spots and not -- and -- you know they are

19:52:58 saying that the thing is angled out.

19:53:01 You know, that is not going to keep anybody from taking

19:53:04 a left going out of there just because it is angled to

19:53:05 the right.

19:53:07 And I don't know if you can do anything.

19:53:09 Maybe you can't.

19:53:14 But I just -- I would like to just know that there are

19:53:17 enough sparking spots in there for the number of people

19:53:20 that will be in that building.

19:53:23 And they are not going to spill out on to the street or

19:53:26 they are not going to park out there -- and again, I

19:53:28 don't think you can do anything, but they are not going

19:53:33 to park out there because it is easier to get out.

19:53:37 Because it is a neighborhood and it is dwindling.

19:53:39 >>MARY MULHERN: thank you.

19:53:40 >>THOMAS SCOTT: Thank you, sir.

19:53:44 Next speaker.

19:53:52 >> Hi, will, Lee Reuben, 204 South Woodland.

19:53:53 I am here in support of my neighbors and I have the

19:53:54 same problem.

19:53:57 Whenever the nonprofits on the end of the street on

19:54:00 Azeele hold some kind of -- hold some kind of meeting

19:54:02 there is parking all the way down this street.

19:54:05 And the fact it is so narrow would make it difficult

19:54:07 for emergency vehicles to get through should that need

19:54:07 be required.

19:54:10 Just want to support my neighbors and I would just like

19:54:14 to see the place used appropriately, and don't think

19:54:18 there is enough parking as -- as it is laid out right

19:54:18 now.

19:54:21 The doctor probably has a staff, and the staff will

19:54:23 take spaces.

19:54:26 And botox parties notwithstanding.

19:54:30 Thank you very much for your consideration.

19:54:31 >>THOMAS SCOTT: Next speaker. Thank you.

19:54:36 >> Good evening, Council. Excuse me.

19:54:42 Stan Corson of Corson Realty Group and Bay Property

19:54:43 Management.

19:54:45 I represent the two. The seller who are here.

19:54:51 Folks who have been in this community for a number

19:54:54 years, have roots here, and they are very -- they are

19:54:57 very hopeful that this -- that this deal goes through.

19:55:05 And I also represent Palma Ceia Oaks condominiums

19:55:08 locate on the ratio and it fell within the notice

19:55:10 boundary and I explained to the Board of Directors of

19:55:15 the condominium what was going on, very nice young

19:55:17 doctor who also has roots in this community, has a

19:55:20 family here, has a practice, has his practice on

19:55:23 habana, I believe, in the neighborhood already.

19:55:28 So he is sensitive to that.

19:55:29 I explained that to the board.

19:55:32 I explained the conflict of interest and they were very

19:55:35 supportive of it and signed a letter and transmitted it

19:55:39 to the petitioners in support of -- of the development.

19:55:43 I think this petitioner is going to be sensitive to the

19:55:45 neighborhood because the roots that he has in the

19:55:45 community.

19:55:49 It is not a carpetbagger from out of town coming in

19:55:51 here trying to make money.

19:55:54 This is a person that is invested in the community.

19:55:56 Thank you.

19:55:59 >>THOMAS SCOTT: Thank you, sir.

19:56:03 Anyone else?

19:56:05 Come on down.

19:56:06 Anyone else?

19:56:15 Please come forward.

19:56:20 >> Good evening, my name is Mary Jane Debee, I live at

19:56:22 07 South Woodland.

19:56:26 I have been a resident at that area for 30-plus years,

19:56:29 and I, too, am very concerned about the parking.

19:56:33 We have on our street alone 14 children.

19:56:38 And parking and traffic is an issue.

19:56:43 One solution might be for them to completely close off

19:56:47 the driveway on Woodland and make the driveway entrance

19:56:50 on Azeele.

19:56:53 And perhaps if they tear down the garage that

19:56:56 supposedly is not going to be used, they will have

19:56:57 ample parking.

19:56:59 Thank you very much.

19:57:03 >>THOMAS SCOTT: Thank you, ma'am. Petitioner?

19:57:08 Petitioner. Five-minute rebuttal.

19:57:11 >> Thank you very much.

19:57:15 The first thing I want to enter into the record 29

19:57:17 letters of support from the surrounding property owner.

19:57:19 These are people who did receive notice of the

19:57:25 application.

19:57:29 I think --

19:57:31 >>THOMAS SCOTT: Hold up.

19:57:32 >> I am sorry.

19:57:33 >>THOMAS SCOTT: Yes, sir.

19:57:36 >> Don Magum, current owner.

19:57:40 I have been there for 16 years and we have a Commercial

19:57:42 business and have lots of people coming and going and

19:57:44 virtually no one goes the other way.

19:57:47 They go out on Azeele and come from Azeele.

19:57:49 I don't believe we have any real obstruction.

19:57:52 We might have had a quarterly meeting and one or two

19:57:55 people out on the street, but I always judiciously

19:57:58 watched for that and I think the doctor is very

19:58:01 conscientious, much more than I ever have been and I

19:58:03 think he will do a great job of preventing any traffic

19:58:04 in the street.

19:58:07 He is absolutely against that, and I know it.

19:58:11 I think it is undue concern, although I do appreciate

19:58:11 their concern.

19:58:14 But in the 16 years we have been there, everybody has

19:58:18 been safe, praise God.

19:58:18 >>THOMAS SCOTT: Okay.

19:58:20 Anyone else want to speak before the petitioner come

19:58:24 back for rebuttal?

19:58:27 Once the petitioner starts rebuttal, it kind of closes

19:58:29 out any other public testimony.

19:58:34 Okay.

19:58:36 Miss Hammer, five minutes.

19:58:37 >> Very good, thank you.

19:58:41 Well, it seems that the issue before us, only objection

19:58:46 of the neighborhood is parking, and technically, as

19:58:49 staff pointed out, we need a waiver because of the way

19:58:53 the parking was calculated on the site plan.

19:58:57 The parking was calculated on the basis of the total

19:58:59 square footage of the structure.

19:59:03 And I would like to suggest that we are willing to

19:59:09 limit the second floor of the structure to general

19:59:12 office as opposed to the medical office.

19:59:15 Really it is just file storage, so if we made that

19:59:18 change, we don't need a waiver.

19:59:21 We would meet the parking requirement as requested by

19:59:24 having the second floor be restricted.

19:59:29 19 parking spaces for this particular practice with one

19:59:32 doctor is more than adequate.

19:59:35 The doctor wants to be a good neighbor as was

19:59:36 mentioned. He is from Tampa.

19:59:39 He already has an established practice here.

19:59:44 He does not want to offend the people in his immediate

19:59:45 neighborhood.

19:59:48 I see no reason why people would park out on the street.

19:59:54 We would ask your approval with the changes I just

19:59:57 suggested so that we wouldn't need a parking waver.

20:00:00 If the staff is amenable to the calculation and

20:00:03 restricting the second floor to just general office and

20:00:05 not use it as medical.

20:00:21 >>THOMAS SCOTT: They need to respond to that.

>> We need to go with the design we're going forward

20:00:50 with.

20:00:51 So I did bring those concerns to transportation.

20:00:53 We talked about that.

20:00:54 A 10% waiver, you know, isn't -- very conservative for

20:01:00 a medical office.

20:01:01 And we do do that.

20:01:03 Other types of limitations, such as, one doctor, hours

20:01:10 of operation, might be something versus conditioning

20:01:14 that the second floor cannot be occupiable and could

20:01:19 only be used for file storage.

20:01:21 So, I don't know that it's going to get to us a better

20:01:26 position in trying to move forward with this.

20:01:29 That would be my professional opinion.

20:01:31 >>THOMAS SCOTT: So the traffic pattern now would

20:01:33 mitigate, you think, some of the parking issues?

20:01:38 >> Yes.

20:01:38 I did want to clarify for the record, this project is

20:01:41 not permitted offsite parking or onstreet parking.

20:01:45 That's in no way permissible under this application.

20:01:51 >>THOMAS SCOTT: So the neighbors can understand, so

20:01:53 then, the clients that are coming cannot park on the

20:01:57 street or offsite?

20:02:01 >> The parking that is associated with this is located

20:02:04 on the property, yes, sir.

20:02:06 I did not see any parking signs out there.

20:02:11 It's very cute neighborhood.

20:02:13 I did not see any signs out there for a five minute

20:02:17 parking or something that we typically see in other

20:02:20 areas of the city.

20:02:21 And not that I would tell them to go out and do that

20:02:24 because the visual clutter, it has such cute character.

20:02:27 But I do want the residents to know that they do have

20:02:30 that opportunity, if the parking on their street does

20:02:34 become an issue.

20:02:36 >>CHARLIE MIRANDA: That's exactly what I was going to

20:02:38 bring up.

20:02:38 I know throughout the city there are many, many

20:02:40 locations that has that I can tell you right now, the

20:02:43 corner of Habana and Lake Avenue, there are no parking

20:02:46 signs or either side of lake on Gomez, Habana and

20:02:52 MacDill.

20:02:53 And it does work.

20:02:54 And the sign is not -- in fact, I got one in my yard.

20:02:59 I don't know who put it there.

20:03:00 [ Laughter ]

20:03:03 >>CHARLIE MIRANDA: Says no parking.

20:03:05 And they don't park.

20:03:07 So, it's not on my yard.

20:03:09 It's on the city right-of-way.

20:03:11 Let me clarify that.

20:03:12 But it's -- it does work and I offered that as a

20:03:16 suggestion to the neighborhood, if there's an excessive

20:03:19 amount of parking, you're not looking at the whole

20:03:21 street to do then, you're looking at the length of that

20:03:24 lot to put no parking.

20:03:25 And if it goes beyond that you can do other things.

20:03:29 I just -- just a suggestion to throw out there,

20:03:32 Mr. Chairman, to see if this can be resolved.

20:03:35 >>THOMAS SCOTT: Okay.

20:03:36 Councilwoman Mulhern?

20:03:38 >>MARY MULHERN: Yes, I'm just looking at this overhead

20:03:41 and I don't know if it's really current.

20:03:43 This photograph.

20:03:44 But -- why is it and maybe this is a question for

20:03:48 Melanie, or for Abbye.

20:03:51 But, why can't they create a driveway and entrance on

20:03:57 Azeele?

20:04:03 >> Melanie Callaway, transportation.

20:04:06 There's really not enough area to be able to provide

20:04:08 the driveway on Azeele.

20:04:11 That driveway has been existing for a long time on

20:04:14 woodland.

20:04:14 But, as Mr. Miranda was talking, that we do have

20:04:19 opportunities, we could -- in transportation, we could

20:04:22 get with the neighbors and talk to them about the five

20:04:25 minute parking that Abbye was talking about.

20:04:26 Or we could sign one side of the roadway no parking.

20:04:31 >>MARY MULHERN: That's not my question.

20:04:32 Looking at this, it does look like -- well -- to the

20:04:39 west of the house on Azeele, it looks like you might be

20:04:43 able to put a driveway in there.

20:04:45 No?

20:04:46 I'm just looking at this.

20:04:49 >> Here's a picture of the road -- of the front.

20:04:52 You can see in between the structures, the little

20:04:59 garbage --

20:05:00 >>MARY MULHERN: There isn't room to pull a car in from

20:05:02 there?

20:05:03 I can't tell from that picture.

20:05:11 >> As you can see, even from -- without even the part

20:05:15 of the structure where steps are, it's only 17 feet.

20:05:19 Are where a two way driveway, we need 20 feet.

20:05:23 That's why they're adding a little bit more to increase

20:05:26 the width so it's 20.

20:05:28 >> If --

20:05:29 >>MARY MULHERN: If that's only 17 feet and the side

20:05:32 street is only 19 feet, you'd think you could fit a

20:05:35 driveway in.

20:05:36 >> You can see actually -- the measurement of 17 is

20:05:39 here.

20:05:40 To here.

20:05:40 But really, you're going to be looking even smaller

20:05:44 than that, it's more like ten feet because there are

20:05:47 steps here.

20:05:49 There's an entryway here.

20:05:51 It's really, it's just out -- juts out.

20:05:54 So a lot more difficult to be putting a driveway in

20:05:57 that location.

20:06:00 >>MARY MULHERN: Since you have that up there, will you

20:06:01 show me what it is, how you're going to correct, make

20:06:04 it less hazardous or less tight with the existing?

20:06:10 >> Just where this red area -- I don't know if you're

20:06:13 able to see this.

20:06:14 That's the additional pavement.

20:06:18 Ands you can see, the angle of the drive is very sharp.

20:06:23 Person comes in here, they have to angle up here.

20:06:25 Cars exiting, they're angling back here.

20:06:29 It's very difficult to make this turn.

20:06:33 It's easier definitely flow of traffic this way.

20:06:36 You see, it's difficult coming southbound to make this

20:06:41 almost a than -- 180 turn.

20:06:46 That makes it very are difficult for drivers to make

20:06:49 this turn.

20:06:49 We don't want them coming south on woodland.

20:06:54 >>MARY MULHERN: I see what you're saying.

20:06:55 It would be difficult to go north.

20:06:57 I think it also doesn't make much sense that a visitor

20:07:01 there, if there's the one entrance, would be going

20:07:03 north.

20:07:04 Okay.

20:07:10 Thank you.

20:07:18 >>ABBYE FEELEY: One other thing we were talking about,

20:07:20 it would be a potential for them to actually post on

20:07:23 their property, right at that adjacent, to that

20:07:26 driveway, no parking area there.

20:07:28 So that at that area immediately at the intersection,

20:07:31 they could do their best to avoid any parking there as

20:07:34 well.

20:07:42 >>GWEN MILLER: You got something else to say?

20:07:48 >> I don't think so.

20:07:49 Again, we would be willing for a limitation on the

20:07:51 second floor, which would reduce our actual parking

20:07:54 demand, so that no waiver was necessary.

20:07:58 >>THOMAS SCOTT: She said that's not going to work.

20:08:00 She can't go with that.

20:08:02 >>GWEN MILLER: Leave that as is.

20:08:03 You have 19 spaces.

20:08:05 The doctor is going to see 19 patients at one time?

20:08:10 >> No.

20:08:12 >>GWEN MILLER: That's a lot of parking.

20:08:14 >> It's more parking than he has at his current

20:08:17 location.

20:08:17 We're just trying to meet code.

20:08:19 >>THOMAS SCOTT: Counsel Miranda.

20:08:25 >> Would you agree to have no parking streets on your

20:08:28 property?

20:08:29 >> Absolutely.

20:08:30 >>CHARLIE MIRANDA: That solves half the problem.

20:08:32 Thank you.

20:08:33 >>THOMAS SCOTT: Motion to close?

20:08:35 >> So moved.

20:08:36 >> Second.

20:08:37 >>THOMAS SCOTT: Moved and second.

20:08:38 All in favor signify by saying aye.

20:08:41 What's the pleasure of Council?

20:08:44 >>GWEN MILLER: Mr. Chairman, I move an ordinance

20:08:50 resulting property in the general vicinity of 3109 West

20:08:54 Azeele Street, more particularly described in section

20:08:57 one, from zoning district classification PD planned

20:09:00 development, office, business professional to PD,

20:09:03 planned development office medical, providing an

20:09:05 effective date, with the waivers and all the other

20:09:09 things that you were saying, Ms. Feeley.

20:09:13 >>ABBYE FEELEY: And that current motion for the posting

20:09:15 of the sign, if that's the pleasure of Council, that

20:09:17 modification be added.

20:09:19 >>THOMAS SCOTT: Is there a second?

20:09:20 >> Second.

20:09:21 >>THOMAS SCOTT: Moved and second, all in favor signify

20:09:23 by saying aye.

20:09:23 Opposes?

20:09:25 >> Motion carried with Caetano being absent.

20:09:27 Second reading and adoption will be January 6 at

20:09:32 9:30 a.m.

20:09:35 >>THOMAS SCOTT: Next item, item 8.

20:09:43 >>ABBYE FEELEY: Council, item number eight on your

20:09:46 agenda this evening Z-eleven-01, Euclidian rezoning

20:09:52 request located at 2,000 one west Adamo drive.

20:09:56 This request is from IH, industrial heavy, to IG,

20:10:02 industrial general.

20:10:03 It is the Euclidian zoning is request, therefore, no

20:10:08 waiver, no site plan, no variances may be requested at

20:10:10 this time.

20:10:18 >> Good evening.

20:10:20 Tony Garcia, Planning Commission staff.

20:10:22 I have been sworn.

20:10:23 Council, three in a row.

20:10:27 We're still in the central planning district, so three

20:10:31 for three.

20:10:32 The site is located -- I'll show you your future land

20:10:35 use categories here.

20:10:37 Here's Adamo drive.

20:10:38 Here's 22nd.

20:10:40 Right here.

20:10:41 The dark gray is heavy industrial, which allows

20:10:44 consideration of both of the zoning districts, the

20:10:47 current present zoning district and of course the

20:10:49 recommended zoning district.

20:10:50 It's actually going to be a down zoning, to allow for

20:10:53 retail as well as the light industrial uses that are

20:10:56 being requested.

20:10:57 This is where the -- light industrial, general

20:11:05 mentioned use 24.

20:11:07 So you have a variety of different land use categories

20:11:09 in the particular area.

20:11:10 This is of course just east of, right outside the

20:11:14 downtown urban core.

20:11:16 Just south of historic Ybor City.

20:11:18 And just also east of Channelside.

20:11:22 There's the site, it presently does have a general

20:11:29 commercial use on it.

20:11:30 And there are several commercial and general commercial

20:11:35 uses proximity to the site.

20:11:37 So the requested use that could potentially be on

20:11:39 zoning category would be complementary to the uses on

20:11:45 Adamo Drive that are there.

20:11:46 If you were to look at this on a greater scale, there

20:11:49 really are not that many uses to the south of Adamo

20:11:52 over here.

20:11:52 Here's the IKEA parking lot.

20:11:54 Most of your uses on the north side are either light

20:11:58 industrial, but there are quite a few categories that

20:12:02 will offer the opportunity for similar type uses that

20:12:05 are being asked over here.

20:12:07 You have the opportunity for light industrial, heavy

20:12:09 industrial as well as general commercial.

20:12:10 And commercial intensive uses on the north side,

20:12:13 especially with the mixed use 35 land use category that

20:12:16 currently exists on the north face, directly

20:12:20 interfacing this particular site.

20:12:22 Planning commission staff found the proposed request

20:12:24 consistent with the comprehensive plan.

20:12:27 Thank you.

20:12:31 >>ABBYE FEELEY: As Tony mentioned, this is rezoning

20:12:37 requesting from IH, industrial heavy to IG, industrial

20:12:41 general.

20:12:41 Just to show, it is actually a smaller portion than

20:12:44 what Tony showed.

20:12:45 It is just the undeveloped portion, located in between

20:12:50 the gas station and the Fifth Third Bank.

20:12:53 Industrial general zoning district requires 10,000

20:13:03 square feet.

20:13:04 This site has 40,510 square feet.

20:13:09 The site is currently vacant and is surrounded by a mix

20:13:15 of commercial uses.

20:13:16 To the west, the gas station, to the east, a bank and

20:13:20 the IKEA furniture store.

20:13:22 Just showing you some pictures of the site.

20:13:26 This is looking south, crosstown is on the south side

20:13:30 of the property.

20:13:32 Some nice trees on the site.

20:13:36 This is looking west into downtown.

20:13:40 East.

20:13:43 The Fifth Third Bank.

20:13:44 East along Adamo.

20:13:46 The box factor lot to the north.

20:13:51 And also another commercial use to the north.

20:13:55 Probably industrial use.

20:13:56 Based on the nature of this request, no waivers may be

20:14:01 granted, and all development must adhere to all

20:14:06 applicable City of Tampa land development regulations.

20:14:09 Staff did find this request consistent and is available

20:14:13 for any questions.

20:14:14 >>THOMAS SCOTT: Questions by Council?

20:14:21 >> Mr. Chairman, my understanding is this property and

20:14:26 petition's representative could agree with this

20:14:30 statement, that the property used to be owned by Fifth

20:14:32 Third Bank.

20:14:33 It is no longer.

20:14:34 But because it is adjacent to the Fifth Third Bank, and

20:14:38 because obviously they are noticed, it would be my

20:14:42 recommends that council member Stokes, because he is

20:14:45 retained by Fifth Third Bank, abstain from

20:14:48 participating in this decision.

20:14:50 I will prepare the paperwork, so you can have that file

20:14:52 tonight, sir.

20:14:55 >> Good evening, my name is Jim Stutzman, I'm the

20:14:58 applicant.

20:14:59 My address is, mailing address is PO Box 320323, and

20:15:05 the zip in Tampa 33679.

20:15:09 As your attorney mentioned, the Fifth Third Bank did

20:15:12 sell this piece within the last few months to our

20:15:16 client.

20:15:16 The actual owner is ANO, LLC.

20:15:22 Staff's given a pretty thorough overview of this simple

20:15:26 rezoning, if there is such a thing.

20:15:30 And I'd just like to make a few brief comments.

20:15:32 The developer's intent on this piece of property is to

20:15:35 develop a little retail center.

20:15:37 And what he would like to do is maintain the rights to,

20:15:40 in the future, to do industrial general, if that

20:15:44 becomes appropriate.

20:15:44 For the property.

20:15:46 It is fairly small.

20:15:47 It's just under an acre.

20:15:49 And I believe Abbye did mention the fact that the IG,

20:15:56 the industrial general district does allow a wider

20:15:59 array of retail uses than the heavy industrial zone.

20:16:04 >>THOMAS SCOTT: Is there anyone here in opposition to

20:16:06 this petition, rezoning?

20:16:09 Anyone here in opposition?

20:16:11 Close?

20:16:12 >> Second.

20:16:13 >>THOMAS SCOTT: Moved and second.

20:16:14 All in favor signify by saying aye.

20:16:15 Mr. Miranda?

20:16:19 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

20:16:20 Move an ordinance first reading, rezoning general

20:16:23 vicinity 2001 west adeem drive, section one, zoning

20:16:27 district classification IH to IG, industrial general,

20:16:33 providing an effective date.

20:16:36 >> Moved and second.

20:16:38 >>THOMAS SCOTT: Seconded by councilwoman Capin.

20:16:40 All in favor signify by saying aye.

20:16:42 One abstention.

20:16:44 >> Motion carried with Caetano being absent, Mulhern

20:16:49 being absent at vote and Stokes abstaining.

20:16:53 Second reading, January 6 at 9:30 a.m.

20:17:08 >>ABBYE FEELEY: Next item on your agenda this evening,

20:17:29 Council, is V 11-28.

20:17:33 Located at 2912 Alline Avenue.

20:17:40 I see there is a discrepancy.

20:17:41 It says 2901.

20:17:43 But it should be 2921.

20:17:44 The request for special use before you this evening is

20:17:49 for a public service facility.

20:17:51 A stormwater lift station.

20:17:52 There is one waiver.

20:17:55 And that is to utilize a 6 feet PV fence in lieu of the

20:18:01 six feet masonry wall.

20:18:04 Council, this special use actually came before you a

20:18:08 couple years ago under VO-712.

20:18:11 I actually was the one who did the special use with

20:18:13 you.

20:18:13 As you know, with the special use, you have two years

20:18:16 to activate that special use.

20:18:18 If the special use is not constructed within that two

20:18:22 year period, you lose that special use approval.

20:18:26 That is pretty much what has happened in this case.

20:18:29 It came before you.

20:18:31 The city did not act upon the approval.

20:18:33 And we have funding now to act upon that and we are

20:18:38 back before you to reactivate that.

20:18:40 There is -- there was one thing else I wanted to say.

20:18:45 But I'll wait till Mr. Garcia finishes.

20:18:54 >> Thank you, Council, Tony Garcia, Planning Commission

20:18:59 staff.

20:18:59 Miss Feeley has already described to you what the

20:19:02 proposed request is for the particular site in

20:19:05 question.

20:19:05 So you know from a planning district aspect, this one

20:19:08 is located in your South Tampa manning district.

20:19:11 South planning district is one of your more stable

20:19:14 districts, like your north district.

20:19:15 In other words, it's pretty much built out and you have

20:19:18 a lot of neighborhood stability there.

20:19:20 But there are opportunities for some degrees of

20:19:23 redevelopment and infill.

20:19:24 One of the opportunities here is to foster compatible

20:19:27 infill to improve either mobility and sustainability.

20:19:30 So we're looking at sustainability in this case.

20:19:32 There are several policies in the comprehensive plan.

20:19:35 That do direct the city to offer public facilities and

20:19:38 utilities.

20:19:40 Located to maximize the efficiencies of services

20:19:43 provided and to minimize their cost.

20:19:45 Also the extension of public facilities into the city

20:19:47 can be allowed and considered in any land use plan

20:19:51 category.

20:19:51 The predominant land use category here for the site is

20:19:59 residential 10.

20:20:00 As you can see by the grid pattern, this is pretty

20:20:04 standard single-family detached residential.

20:20:07 As further evidenced by the aerial here.

20:20:09 Miss Feeley will go into details for you as far as how

20:20:13 the particular structure will be designed to fit in as

20:20:19 far as character and scale with the existing

20:20:22 neighborhood here.

20:20:22 Planning Commission staff proposed request is

20:20:27 consistent with the comprehensive plan.

20:20:29 >>THOMAS SCOTT: Thank you.

20:20:35 >>ABBYE FEELEY: To build on what Mr. Garcia said, one

20:20:39 thing I'd like to do, I'd like to clarify the aerial

20:20:43 passed out is incorrect.

20:20:44 It is the wrong piece of property.

20:20:45 I did not prepare the aerial, but it's incorrect.

20:20:52 It's a few blocks too far to the east.

20:20:55 I will show you on the zoning map -- it's mid block.

20:21:02 I apologize.

20:21:03 It's that piece here.

20:21:04 What's on your aerial is the piece over here.

20:21:07 I do apologize for that.

20:21:08 Alline, Ashberry.

20:21:18 Here is a view looking west on Alline, the subject

20:21:30 property.

20:21:31 It's predominantly surrounded by single-family homes.

20:21:37 As you can see, this is -- this is to the east of the

20:21:42 site.

20:21:42 Here is a new home under construction to the east.

20:21:45 This is on the south side of Alline.

20:21:50 Alline, very narrow street.

20:21:55 One of the criteria of a Pollack service facility, I

20:22:03 want to talk about, it does require that it be built in

20:22:10 a way that resembles the residential structure.

20:22:12 And there is an elevation associated with this, that it

20:22:15 will actually be a house, and it will be enclosed

20:22:20 within that house.

20:22:21 The proposed structure must meet all the RS 60 setback

20:22:27 requirements, just as the other RS-60 surrounding

20:22:32 properties.

20:22:33 It is proposed to have a six foot stockade fence around

20:22:38 both sides in the rear of the parcel as required by

20:22:41 code.

20:22:41 Property was approved for special use for the same

20:22:44 public service facility in 2007.

20:22:46 However it was not acted upon as previously stated.

20:22:49 Staff did have one problem with this.

20:22:51 The steps in the front yard.

20:22:54 The steps that come down off of the structure need to

20:22:59 be setback to meet the set-backs of the RS-60.

20:23:05 Anything above 36 inches in height needs to meet that.

20:23:08 So at some point where those stairs exceed the

20:23:11 36 inches in height, that actually needs to be at the

20:23:13 setback line and that's not what occurring on the plan.

20:23:16 So I need to have them shift that in between first and

20:23:19 second reading.

20:23:20 There's a 60-foot rear setback, which allows them

20:23:24 enough space to shift that back.

20:23:26 The other thing that's attached to your revision sheet

20:23:28 are some comments by Mary, the tree table is incorrect

20:23:34 on the plan.

20:23:35 We worked to try to correct that but it wasn't able to

20:23:39 be corrected.

20:23:39 So, I provided that on the revision sheet.

20:23:41 Lastly, I did talk with the representatives for the

20:23:45 case, and item number two on the correction sheet,

20:23:50 given that we are making them shift the building back

20:23:52 so it's in compliance with the RS-60 standards, that

20:23:57 22-inch tree is not going to be able to be saved.

20:24:00 So I'd ask that second bullet be stricken from the

20:24:03 revision sheet.

20:24:04 It appears that they are amenable to all other

20:24:06 revisions and that would be made in between first and

20:24:09 second reading.

20:24:09 Should it be the pleasure of council to approve this

20:24:12 this evening.

20:24:13 >> The second bullet, preserve the multi-stem trees,

20:24:16 need to be stricken?

20:24:19 >> Yes.

20:24:21 >>THOMAS SCOTT: Councilwoman Mulhern?

20:24:23 >>MARY MULHERN: Thank you, Mr. Chair.

20:24:24 Isn't this a city project?

20:24:26 >> Yes.

20:24:27 >>MARY MULHERN: So who is the "they"?

20:24:32 >> There is an authorized agent for the project, which

20:24:35 is Mr. Tagliarini, who will be speaking.

20:24:39 The stormwater department that is applying.

20:24:45 >> Mr. Chairman, Council, my name is mike Miller.

20:24:48 I worked for the stormwater division of public works.

20:24:51 And this is our project architect, Mr. Pete Tagliarini.

20:24:56 We also have a Mr. Al Whole, who is the head of our

20:25:01 design division in the stormwater division.

20:25:03 I'd like to first talk a little bit about what this

20:25:10 project entails.

20:25:12 This is actually a pump station.

20:25:15 And during the last decade, or maybe even more, this

20:25:18 area that is, that is bounded by Coachman and Chapin

20:25:25 Road up here, and MacDill and Bayshore is kind of like

20:25:31 a bowl.

20:25:32 And the water that collects in here is supposed to exit

20:25:38 through this boxed culvert right here.

20:25:42 The box culvert is well over capacity.

20:25:46 There's a lot of runoff going through there nowadays.

20:25:49 And this whole project is to cut off some of the runoff

20:25:54 that normally goes into the box culvert.

20:25:57 And divert it into this new pump station here.

20:26:00 And then the new pump station would pump the water out

20:26:02 to the bay.

20:26:03 That would eliminate and try to alleviate some of the

20:26:07 flow already in the box culvert.

20:26:09 So this project is not only helping the people that

20:26:11 live within this neighborhood, but those that are

20:26:13 living outside the neighborhood.

20:26:17 Because we started looking at this back in about 2007,

20:26:23 this particular lot came on the market.

20:26:25 And it just happens to be at the lowest spot in the

20:26:28 bowl.

20:26:28 So we went ahead and purchased this lot.

20:26:31 We wanted to make sure that the neighborhood and City

20:26:34 Council was amenable to us using this as a pump

20:26:38 station, so that's why we went through the process of

20:26:41 having the special use designated for the property back

20:26:44 in 2007.

20:26:45 Once that was in place, we then placed the project on

20:26:49 our CIP for construction in fiscal year --

20:26:54 >>THOMAS SCOTT: Anybody in opposition to this project?

20:26:56 Anyone want to speak in opposition?

20:26:59 Thank you.

20:26:59 >> Move to close.

20:27:00 >> Second.

20:27:01 >>THOMAS SCOTT: Moved and second.

20:27:02 All in favor signify by saying aye.

20:27:03 Opposes?

20:27:06 [ Applause ]

20:27:06 Mull I move an ordinance --

20:27:23 >>THOMAS SCOTT: We're still in session.

20:27:25 >>MARY MULHERN: We didn't pass it yet, so be quiet.

20:27:28 An ordinance approving a special use permit F-2

20:27:33 approving a public service facility stormwater lift

20:27:36 station in an RS-60 residential single-family zoning

20:27:39 district in the general vicinity of 2921 west Alline

20:27:43 Avenue in the City of Tampa Florida, as more

20:27:46 particularly described in section one hereof, providing

20:27:49 an effective date.

20:27:50 >>THOMAS SCOTT: Moved and second.

20:27:51 Second by councilwoman Capin.

20:27:53 All in favor signify by saying aye.

20:27:55 >> Motion carried with Caetano being absent.

20:27:57 Second reading and adoption will be on January 6

20:27:59 at 9:30 a.m.

20:28:14 >> Never seen a lift station draw such a crowd.

20:28:25 [ Laughter ]

20:28:27 >>ABBYE FEELEY: Next item on your agenda this evening

20:28:30 is a special use located at -- case V 10-342, located

20:28:37 4601 West Kennedy Boulevard.

20:28:39 This property is within the Westshore commercial

20:28:41 overlay district.

20:28:43 The special use before you tonight is for a drive-in

20:28:47 window.

20:28:48 It is associated with a bank.

20:28:49 And I will defer to Mr. Garcia.

20:28:57 >> Good evening, Council, once again, Tony Garcia,

20:29:02 planning Council staff.

20:29:04 The proposed site is located in the Westshore planning

20:29:06 district.

20:29:07 Located just several blocks east of the intersection of

20:29:12 Kennedy Boulevard and Westshore.

20:29:15 Land use categories in this particular area consist of

20:29:24 regional mixed use 100 along Westshore and Kennedy.

20:29:28 This is urban mixed use 60 along west Kennedy as

20:29:32 whereon transitions away from Westshore Boulevard, this

20:29:34 is residential six down here.

20:29:36 Which is in the south Kennedy area.

20:29:39 Residential 35 and residential 20 in the Westshore

20:29:44 palms neighborhood directly to the north of where this

20:29:47 subject site is located at.

20:29:49 The request is for a special use.

20:29:52 The site already could contain CG uses.

20:29:58 But the special use is really for the drive-thru that

20:30:01 Miss Feeley will elaborate on for you more in her

20:30:02 report.

20:30:04 There are a lot of complementary uses to the uses being

20:30:07 requested for on this particular segment, which is

20:30:11 known as commercial arterial.

20:30:13 Which has a lot of general commercial and commercial

20:30:16 intensive uses.

20:30:17 So this will be complementary and consistent in

20:30:20 character with those uses on Kennedy Boulevard.

20:30:22 Planning Commission staff found the request consistent

20:30:25 with the comprehensive plan, thank you.

20:30:29 >>THOMAS SCOTT: Thank you, sir.

20:30:43 >> Council, the request -- there are no waivers with

20:30:46 this request this evening.

20:30:47 And it is in the Westshore overlay and it has met all

20:30:50 the overlay standards and that's really exciting under

20:30:54 a special use because you very rarely get a special use

20:30:58 that comes forward and doesn't have to be a PD.

20:31:00 Because it doesn't have to wait the overlay.

20:31:00 Exciting.

20:31:01 This is an exciting project.

20:31:02 It is located on West Kennedy Boulevard.

20:31:05 The request is for a special use for the drive-in

20:31:09 window as Mr. Garcia said.

20:31:11 A bank could be constructed there.

20:31:12 So what's before you is the window.

20:31:14 In the commercial general zoning district, a

20:31:17 drive ---drive-thru window is a special use in the CI

20:31:23 district.

20:31:23 That would be administrative special use.

20:31:25 The site is 1.04 acres.

20:31:29 It's surrounded by commercial uses and office and

20:31:32 residences use along north A to the north.

20:31:35 The building setbacks are as follows.

20:31:37 North, 140.8 feet.

20:31:40 South, 13 feet.

20:31:42 West 62.9 feet, east, 16.8 feet.

20:31:45 Setbacks for the drive-thru include north, 10.3 feet,

20:31:49 south, 197.3 feet, west, 147.1 feet and east,

20:31:54 53.4 feet.

20:31:55 Proposed request requires 28 -- 20 parking spaces and

20:31:59 30 spaces are being provided, crewing 28 standard

20:32:03 spaces, two ADA, no compact spaces.

20:32:07 The proposed building height is 26 feet.

20:32:10 As stated, it is located within the Westshore

20:32:13 commercial overlay district.

20:32:14 This is the property located at the northwest corner of

20:32:19 Kennedy and Trask.

20:32:24 There is a Walgreen's, Taco Bell and then the Burger

20:32:28 King here.

20:32:29 Also you may recall we were recently here for a parking

20:32:32 lot here on Renellie, which is south of the property.

20:32:36 The Panera and large commercial center is located here

20:32:39 at the corner.

20:32:41 The aerial of the property.

20:32:48 Does go all the way back to north eighth street.

20:32:52 Here is some current shots of the property.

20:32:57 Looking north.

20:32:59 A shot from Kennedy looking north up Trask.

20:33:08 This is the property to the west.

20:33:10 Property to the east.

20:33:14 The back portion of the property.

20:33:18 It's an old office -- not old, like 1970s type office

20:33:23 building.

20:33:24 This is looking toward Westshore.

20:33:26 Also took some pictures going along north A.

20:33:29 This is the northeast corner of north A and Trask.

20:33:35 That's a PD that's there for multifamily residential.

20:33:41 There's a mix of some residential and office uses that

20:33:45 go along north A, as you move west toward Westshore

20:33:49 Boulevard.

20:33:49 And here's a view of the back of the Taco Bell that

20:33:56 interacts with the site.

20:33:57 Along the south side, as I mentioned, there is another

20:34:01 bank immediately south.

20:34:03 Staff did find this request inconsistent.

20:34:13 There are just a few minor modifications.

20:34:17 There was an alternative dumpster location and sign

20:34:20 placement that was approved by the zoning

20:34:23 administrators.

20:34:24 So that is in there.

20:34:28 And needs to be added to the site plan.

20:34:30 And also there were a few comments by the Mary in

20:34:39 relation to tree and landscape that need to be

20:34:41 adjusted.

20:34:42 We have talked to the applicant about that.

20:34:44 Just put up quick elevation of the site.

20:34:50 As you'll notice on your site plan, this will building

20:34:53 has actually been developed with two fronts.

20:34:55 A front along Kennedy, as required by the overlay at

20:34:59 the required setback, which in Westshore, they have

20:35:01 adopted the Kennedy standards under their overlay, so

20:35:04 it has a minimum ten foot, maximum 20 of a setback.

20:35:09 The build be has been brought up.

20:35:10 There is also an entrance on the rear of the building,

20:35:13 on the parking area.

20:35:14 So there are actually two entrances into the building

20:35:16 that allow for the building to sit at this location as

20:35:19 well as serve the needs of the automobile patrons who

20:35:24 will be visiting the site.

20:35:26 Staff is available for any questions.

20:35:30 >> My mind is telling me we did something here not too

20:35:33 long ago.

20:35:34 Is this the same one?

20:35:35 Wasn't there a bank there close by?

20:35:39 >> No, it's currently zoned CG.

20:35:42 It is commercial general on that property.

20:35:44 So it would not have been a rezoning.

20:35:52 >> Petitioner?

20:35:59 >> Good evening, Councilmembers.

20:36:02 Dave Alstine with Core States Group, 3902 Corporex Park

20:36:05 Drive.

20:36:06 I was sworn in.

20:36:07 I think staff did a great job of presenting the

20:36:10 project.

20:36:11 We have, worked long and hard with staff to come up

20:36:14 with a concept that accommodates the need of the bank

20:36:18 as well as the needs of the overlay district.

20:36:20 And with that, I think I will make myself available for

20:36:23 any questions if you have any.

20:36:25 >>THOMAS SCOTT: Anyone here in opposition to this

20:36:26 project?

20:36:27 Anyone here in opposition?

20:36:29 >> Move to close.

20:36:30 >> Second.

20:36:31 >>THOMAS SCOTT: Moved and second.

20:36:32 All in favor signify by saying aye.

20:36:33 Mr. Miranda?

20:36:39 >>CHARLIE MIRANDA: Move an ordinance for first reading

20:36:40 approved special use, SU, approving a bank with

20:36:43 drive-in window, CG, commercial general, zoning

20:36:46 district in the general vicinity of 4601 West Kennedy

20:36:48 Boulevard, Tampa, Florida, more particularly described

20:36:50 in section one therein, providing an effective date.

20:36:53 >>THOMAS SCOTT: Moved and second.

20:36:55 All in favor signify by saying aye.

20:36:56 Opposed?

20:36:59 >> Motion carried with Caetano being absent.

20:37:01 Second reading and adoption will be January 6 at

20:37:05 9:30 a.m.

20:37:18 >> The next item on your agenda this evening is

20:37:22 Z-10-35, located 4,006 east Hillsborough avenue.

20:37:27 Request is from PD planned development, restaurant with

20:37:30 drive in to PD planned development, restaurant with

20:37:33 drive-in.

20:37:35 Council, you may remember this is the Salem gyro on

20:37:39 Hillsborough avenue.

20:37:40 We originally -- there was a history here.

20:37:43 Our staff originally rezoned this project back in 2007.

20:37:48 And during construction, they realized under the PD

20:37:51 they had not asked for enough square footage.

20:37:54 So we came back and rezoned it again for the Salem so

20:37:58 we could increase the square footage.

20:38:00 Now what is before you this evening is a sign request.

20:38:05 Under the previous two rezonings, it kept the

20:38:08 nonconforming sign.

20:38:10 But what the request this evening seeks to do is change

20:38:12 out a portion of that sign to be electronic copy.

20:38:15 In order to do that, they have to get the waivers to

20:38:20 make the existing sign conforming.

20:38:22 Once they get the waivers under the PD to make the

20:38:26 existing sign conforming, they can then go and change

20:38:28 the copy to be an electronic message copy.

20:38:31 So that is why it is back before you tonight as another

20:38:35 rezoning.

20:38:42 >> Tony Garcia, Planning Commission staff.

20:38:45 I have been sworn.

20:38:46 That being said -- this was pretty good, right?

20:38:51 Number one, it's in the university district, so I have

20:38:54 to get that in, because then we have almost all the

20:38:57 districts.

20:38:57 Only one that's not in tonight is the north Tampa one.

20:39:00 So it's in the university district.

20:39:02 I usually don't do signs.

20:39:04 So this is just for modification of a pylon sign.

20:39:07 With that, I'm going to tell you, it's in the right

20:39:10 lane use category, community commercial 35.

20:39:13 It's consistent with comprehensive plan.

20:39:16 And that's where we'll leave it.

20:39:18 That's a little gift tonight to be short and contrite

20:39:22 so Miss Feeley can get on with her case.

20:39:25 Since she did such a thorough explanation.

20:39:29 >>ABBYE FEELEY: Thank you, Mr. Garcia.

20:39:30 Appreciate it.

20:39:30 This is the site at the corner -- it's almost at the

20:39:41 corner.

20:39:41 This is the PD site.

20:39:43 It is on Hillsborough and 40th.

20:39:45 You can see it's surrounded by commercial intensive.

20:39:49 Other PDs, large portion of commercial intensive

20:39:53 here.

20:39:54 Their aerial is a little bit grainy, but the other

20:39:58 aerial we had showed you the old site.

20:40:00 I did want you to see the actual development has been

20:40:02 built.

20:40:02 The sign we're speaking about is right here at the

20:40:05 front.

20:40:06 And I'll show you some pictures of it.

20:40:08 This is the subject sign -- if I can just zoom in what

20:40:23 we're really talking about is this smaller area here.

20:40:26 This top part is going to remain and the smaller area

20:40:32 is going to be area which is going to be converted to

20:40:36 the electronic message sign.

20:40:38 As you can see in your staff report, there were four

20:40:44 waivers that were previously granted by City Council.

20:40:47 And those are in relation to the development as a

20:40:49 whole.

20:40:50 The new waiver that's listed an it the bottom of page

20:40:52 one is to increase the sign area from 50 square feet to

20:40:56 97.58 square feet for each sign face.

20:40:59 Total air of 195.16 square feet.

20:41:05 And also to increase the sign height from 10-foot at

20:41:09 the five foot setback to 25 feet at the five foot

20:41:12 setback.

20:41:13 There is a third waiver listed, but we're going to ask

20:41:19 for that waiver to be removed as it was on the plan and

20:41:22 the way that it reads would allow them to change out

20:41:25 the whole sign to a message center and that's not their

20:41:29 intention.

20:41:30 Their intention is just that smaller square.

20:41:33 So I'm asking that waiver to be removed and just allow

20:41:36 for that bottom square to be changed out.

20:41:38 Given if that waiver is removed, in between first and

20:41:43 second reading, staff did find this application

20:41:45 consistent.

20:41:46 And is available for any questions.

20:41:49 >>THOMAS SCOTT: Thank you.

20:41:50 Petitioner?

20:41:55 >> Thank you, Mr. Chairman, thank you Councilmembers.

20:41:58 As the staff has presented to you, there is -- Todd

20:42:01 Pressman, P.O. Box 6015, Palm Harbor, Florida, 34684.

20:42:06 As staff has indicated, there is not a single square

20:42:09 inch of change of what's out there.

20:42:11 It's not a single inch higher.

20:42:12 >>THOMAS SCOTT: Anyone here in opposition to this

20:42:14 petition?

20:42:15 Anyone in opposition?

20:42:17 >> Missouri of to close.

20:42:18 >> Second.

20:42:19 >>THOMAS SCOTT: All in favor signify by saying aye.

20:42:20 Councilwoman Miller?

20:42:26 >>GWEN MILLER: Next, Mr. Chairman, ordinance rezone

20:42:29 being property to 4,006 east Hillsborough avenue in the

20:42:32 City of Tampa, Florida, more particularly described

20:42:34 section one from zoning district classification TD,

20:42:37 planned development, restaurant drive-in to PD planned

20:42:41 development restaurant drive-in, providing an effective

20:42:44 date.

20:42:45 >> Moved and second.

20:42:46 Second by Councilman Miranda.

20:42:54 >> Yes, it is only to remove the last one.

20:42:56 -- these last two cases had just minor revisions, so I

20:43:00 actually put them in that mocked up agenda.

20:43:03 So was just to remove that waiver.

20:43:06 >>THOMAS SCOTT: The record will reflect that.

20:43:07 Moved and second.

20:43:08 All in favor signify by saying aye.

20:43:09 Opposes?

20:43:11 >> Motion carried with Caetano being absent.

20:43:13 Second reading and adoption will be on January 6 at

20:43:16 9:30 a.m.

20:43:18 >> Thank you Mr. Chairman, thank you Councilmembers.

20:43:22 >>THOMAS SCOTT: Let me make sure before we move

20:43:24 forward.

20:43:25 Has everyone been sworn in?

20:43:28 Everyone has been sworn in okay.

20:43:40 >> I'm sorry, is -- all you have to do is swear them

20:43:44 in.

20:43:44 But if there's anybody else who came in late who

20:43:51 intends to speak and has not been sworn, would you

20:43:52 please stand and raise your hand?

20:43:53 [Oath administered by Clerk]

20:43:57 >> Thank you.

20:44:03 >>ABBYE FEELEY: As I discussed with you earlier this

20:44:05 evening, there were two items on the agenda tonight

20:44:07 that had vacations associated with them.

20:44:09 This is the second item on the agenda tonight that does

20:44:12 have a vacation.

20:44:13 Therefore, I'm going to defer to Mr. Cook to go ahead

20:44:15 and get started with that vacation application.

20:44:18 Then we'll go through the rezoning discussion and then

20:44:21 as we did before, we can go ahead and vote first on the

20:44:24 vacation and then depending on that vote, on the

20:44:29 rezoning.

20:44:30 >> If I can, Mr. Chairman, I see Mr. Gardner here.

20:44:33 Mr. Gardner, would you have any objection to handling

20:44:36 them that way?

20:44:38 >> No objection at all.

20:44:39 >> Thank you.

20:44:43 >>THOMAS SCOTT: As the councilmen stated, I received a

20:44:47 call at exactly 5:19 p.m. on my cell phone from Mr. Don

20:44:53 Phillips regarding item 12 and 13.

20:44:55 We did not discuss the case, I told him I could not

20:44:58 discuss it but he wanted me to be aware he was emailing

20:45:02 me a presentation.

20:45:03 And so, I believe that, I think that is part of the

20:45:06 record.

20:45:06 So I wanted to make sure that that is, that is of

20:45:12 record, I did state I could not discuss the case.

20:45:15 >> Mr. Chairman, Curtis Stokes, I did receive a phone

20:45:18 call and email from Mr. Phillips regarding the issue.

20:45:29 >>CHARLIE MIRANDA: I got left out.

20:45:30 >> James Cook, Land Development Coordination.

20:45:33 I have been sworn.

20:45:33 Speaking on item 12, case C 10-17.

20:45:37 Petitioner's requesting to vacate portion of air rights

20:45:41 associated with ten food wide improved alleyway running

20:45:45 from Bayshore Boulevard to Platt avenue between Beach

20:45:48 Place and Hyde Park place.

20:45:50 Go to the overhead.

20:45:52 Petitioner owns property highlighted in red.

20:45:55 Bayshore Boulevard, west Hyde Park place to the north,

20:45:59 Beach Place.

20:46:00 A portion of the alley that petitioner is requesting to

20:46:05 vacate is highlighted in yellow.

20:46:07 58 feet long and requesting to vacate 21.33 above

20:46:12 grade.

20:46:13 I have an illustration to try to explain that.

20:46:15 By the way, the red line is the Hyde Park local

20:46:18 historic district.

20:46:20 You can see this project kind of bisects it.

20:46:23 First photo is a picture of the alleyway.

20:46:26 This is the segment right here that proposing to

20:46:30 vacate.

20:46:30 Once again, they will not be vacating anything at

20:46:34 grade.

20:46:34 It will be up in the rare.

20:46:36 The remaining of the alleyway will remain open.

20:46:41 Another picture of the alley looking east towards

20:46:43 Bayshore.

20:46:43 Picture of the alleyway looking west towards the alley

20:46:51 impartial.

20:46:52 Looking west towards Plant Avenue.

20:46:55 None of these -- all these alleys will remain open.

20:46:58 Here's a picture of the north-south alley, which

20:47:03 intersects the proposed vacating that will remain open.

20:47:07 Couple more pictures of the alleyway as they exist and

20:47:10 will remain on.

20:47:11 Couple more.

20:47:13 Like I said, none of these alleys will be affected.

20:47:22 I got two pictures of the abutting property owner's

20:47:26 property.

20:47:27 This is the property looking south from the east-west

20:47:34 alleyway.

20:47:35 Abutting property owner's property on the north side of

20:47:39 the alleyway.

20:47:40 I'll try to explain what we're trying to do.

20:47:43 In a typical alley vacating, we vacate the subsurface

20:47:49 rights, air rights in normal vacating reserve easement.

20:47:54 What we are trying to accomplish, just going to vacate

20:47:58 the air rights starting at 21.33 feet above grade.

20:48:01 Vacating from point A to point B.

20:48:04 What that will allow them to do, because the alley --

20:48:08 this doesn't reflect the proposed project.

20:48:10 Just illustration.

20:48:11 We'll let the alley stay open and you'll be able to

20:48:14 drive underneath the building and will remain public

20:48:16 alleyway.

20:48:17 Staff has no objection to this vacating request.

20:48:26 >> Thank you, Mr. Cook.

20:48:28 Abbye Feeley, land development.

20:48:30 Rezoning request before you associated with the

20:48:33 vacation is from PD, planned development, residential

20:48:36 multifamily and commercial, to PD, planned commercial,

20:48:40 multifamily and commercial.

20:48:42 The location is 120, 204, 205, 208 Hyde Park Place, 208

20:48:46 West Platt, 319 south Bayshore Boulevard.

20:48:51 Mr. Garcia.

20:49:02 >> Tony Garcia, Planning Commission staff.

20:49:05 I have been sworn.

20:49:05 This is in the central district.

20:49:09 And you have predominantly have two feet land use

20:49:13 categories.

20:49:14 R-83, the old project and then you have the RNE 100.

20:49:20 You have part of the existing Bayshore one, partially

20:49:22 completed because it was part of three other parcels

20:49:24 for the Bayshore one.

20:49:25 Basically what the applicant is doing, they're trying

20:49:28 to combine two already approved PDs into one PD with

20:49:32 the idea of creating a multidwelling development in

20:49:37 excess of 400 units right on the corner on the edge of

20:49:40 Platt and Bayshore.

20:49:41 Which is right there on the edge, half of this is in

20:49:43 the CDBG periphery boundary still.

20:49:47 Half is not.

20:49:48 Half is still, pieces of this are on the edge of the

20:49:51 historic district, the Hyde Park historic district and

20:49:55 piece are not.

20:49:57 So you have a couple boundaries to take into

20:49:59 consideration.

20:50:00 But at this point in time it really doesn't factor at

20:50:02 all into what the applicant is requesting as far as the

20:50:05 underlying land categories.

20:50:08 Based on what the applicant is asking for and

20:50:11 surrounded uses which are there, which are multilevel,

20:50:15 multifamily uses, Planning Commission staff found this

20:50:17 proposed request consistent with the comprehensive

20:50:19 plan.

20:50:20 Thank you.

20:50:31 >>ABBYE FEELEY: Abbye Feeley, Land Development

20:50:34 Coordination.

20:50:35 There are five waivers requested.

20:50:38 With this application this evening.

20:50:41 Several of these were approved through the previous

20:50:46 PDs, which sit on this property and if I can for just

20:50:50 a moment.

20:50:51 There are two current PDs.

20:50:55 One that was done in '04 down here and one that was

20:50:58 done in 2000 up here.

20:51:00 There was one prior to the '04 for the south piece.

20:51:05 That was also for a multi-family district.

20:51:09 These waivers are to allow non-residential access to a

20:51:18 local street.

20:51:18 West Beach Place.

20:51:21 To reduce drive aisle width and parking structures from

20:51:26 26 to 24 feet.

20:51:27 Loading berths from five to two.

20:51:30 To allow the loading berths through public

20:51:33 rights-of-way.

20:51:34 And to allow for the solid waste service vehicle to

20:51:38 maneuver within the right-of-way during the collection

20:51:40 process.

20:51:41 As Tony mentioned, this is a multiphase request that's

20:51:44 before us.

20:51:45 And a portion of that has been built.

20:51:47 Let me go ahead and show you the site.

20:51:48 Then we'll go through those phases real quickly.

20:51:51 After that, Mr. Fernandez is here to speak to the

20:51:58 application, how it was heard before the ARC in

20:52:01 relation to the rezoning.

20:52:03 Just showed you the zoning atlas.

20:52:10 Let me go ahead and show you the aerial.

20:52:12 This is going to be discussed this evening as a three

20:52:15 phase project.

20:52:16 Phase one, which has been completed.

20:52:19 Phase two, which will occur within this area.

20:52:22 Also the span that Mr. Cook discussed.

20:52:25 And then this building here in phase three, which would

20:52:28 be the final phase to be located at the southernmost

20:52:31 part of the property.

20:52:32 This property is located with Bayshore Pa -- Platt to

20:52:37 the north, Bayshore to the east.

20:52:39 The furthest south is on Vern Street.

20:52:42 Go ahead and show you some pictures of the site.

20:52:48 Here's looking north, along Bayshore.

20:52:55 What I'm going to do, I'm just going to show you some

20:52:58 pictures traveling down Bayshore.

20:53:02 As you can see, down to the south, three, four, five.

20:53:06 The alley Mr. Cook showed you.

20:53:11 Very narrow alley.

20:53:13 This is looking down that alley to the east.

20:53:19 I also had a shot looking to the west, but it is out

20:53:22 here.

20:53:25 This is actually traveling north to the western part of

20:53:31 the south two parcels.

20:53:32 This is that alley looking back to the west.

20:53:45 This is looking east toward Bayshore and Platt.

20:53:49 And then we're going to travel just a little bit down

20:53:56 Hyde Park Place.

20:53:58 This is -- what I'm going to do now is show you some of

20:54:06 the residential that's down in this area here.

20:54:08 This is immediately adjacent.

20:54:16 Moving west.

20:54:20 This is the northern portion of the site, where those

20:54:23 cutout spaces are shown on your site plan.

20:54:26 This is looking north on park -- is it Parker?

20:54:38 Yes, on Parker street.

20:54:39 That was previously vacated.

20:54:41 No -- no, I'm sorry.

20:54:44 Further to the west.

20:54:45 Sorry, further over to the west.

20:54:54 Z street, right?

20:54:55 All the way over here on the west is where we're

20:54:57 looking.

20:54:58 Now north.

20:54:59 So there is a parking area, gravel parking over here

20:55:01 and then there's a couple spots there.

20:55:04 A lot of area to cover and try to put into context.

20:55:11 That last shot is from what's on your site plan as Z

20:55:15 street.

20:55:16 So those were those couple spaces there.

20:55:20 My staff report, I go through the development in

20:55:28 phases.

20:55:30 Little easier to understand, to try to break it down.

20:55:32 The first phase, which is Park Side at one Bayshore,

20:55:36 was approved for -- has been built with 104 units,

20:55:41 multifamily, and 12,235 square feet of commercial

20:55:45 office.

20:55:45 Parking required is 230 spaces and 234 spaces is being

20:55:50 provided.

20:55:51 And I also provided the setbacks.

20:55:56 Zero foot north, zero east, 40-foot south from the

20:55:58 closest property line and 290 feet west from the

20:56:02 property line.

20:56:04 Phase two, the development we're talking about this

20:56:06 evening, let me just put this back up.

20:56:08 Part of the development -- phase two is going to start

20:56:12 to the west of the existing, come down, include the

20:56:17 building here, the structured garage.

20:56:20 And again this building here that has the span with the

20:56:22 six units above it that is requiring the vacating.

20:56:25 That would be for 375 units.

20:56:31 The parking required there is 668 spaces and 668 spaces

20:56:36 will be provided in the structured garage.

20:56:39 The new buildings that are being proposed are eight

20:56:43 story, 98 feet.

20:56:45 The last phase would be for 11 units.

20:56:50 Parking required, 22 spaces.

20:56:52 Parking provided, 25.

20:56:53 This is also a single eight-story building with a

20:56:57 maximum height of 98 feet and a structured garage.

20:57:01 Combined, the project contains 490 residential units,

20:57:06 12,1235 square feet of commercial office use.

20:57:10 And a total of 938 parking spaces.

20:57:14 The site is comprised of 5.76 acres.

20:57:17 Vehicle access will be on south Parker, Hyde Park

20:57:21 Place, the alley to the north of the property, the

20:57:24 alley to the west, parallel to Bayshore.

20:57:27 Elevations have been attached.

20:57:29 A portion is located within the Hyde Park local

20:57:31 historic district and the subject to review and

20:57:34 approval by the ARC.

20:57:36 This petition was heard before the ARC on November 1st,

20:57:42 2010.

20:57:43 And they did recommend approval with conditions.

20:57:45 I do have a copy of that memorandum.

20:57:49 I forgot to stick it in the PDF that was sent to you

20:57:54 via the staff report.

20:57:55 It did have some conditions on it.

20:57:57 The current site plan does address those conditions

20:57:59 plus notations.

20:58:01 And Mr. Fernandez will speak to that.

20:58:02 Land Development Coordination has a few comments that

20:58:08 need to be addressed.

20:58:10 One is that the data table on their phase three shows

20:58:15 single-family.

20:58:16 That needs to be changed to multifamily as these

20:58:19 wouldn't be single-family detached structures.

20:58:21 And that the following notation needed to be added for

20:58:24 the building span of the north alley.

20:58:26 That is placement of the building is subject to release

20:58:29 of easement in association with the existing vacation.

20:58:33 And lastly, they could remove waivers one and two from

20:58:36 the site plan.

20:58:37 There is no vehicle use area.

20:58:39 That would require these buffers to be provided.

20:58:42 All of the buffers that are required have been provided

20:58:44 on the site and are sufficient to move forward.

20:58:47 I've made findings on page four and five related to the

20:58:52 PD criteria.

20:58:53 I would just like to note that under number one, the

20:58:57 previous heights for the buildings adjacent to Bayshore

20:58:59 Boulevard were at 310 feet and 245 feet under the

20:59:04 previous approvals.

20:59:06 What is before you tonight would be at 98 feet.

20:59:08 So it would be compatible and in fact, less than what

20:59:14 is currently approved on there today.

20:59:16 Staff is available for any questions.

20:59:32 >> Good evening, Dennis Fernandez, historic

20:59:35 preservation, urban design manager.

20:59:37 As Abbye had indicated, the architectural review

20:59:43 commission did review the proposed PD on November 1st,

20:59:49 during the regularly scheduled public hearing, on the

20:59:53 overhead, you see the aerial, one nuance that was

20:59:59 indicated in the previous staff report was that only

21:00:02 the northern portion of the development, which consists

21:00:06 of the phase one and phase two portions of the phase

21:00:08 two, lie in the Hyde Park local historic district.

21:00:12 This portion here in blue, which is oriented on

21:00:15 Bayshore actually is outside the district.

21:00:18 So, comments from the ARC are reserved strictly to

21:00:23 those portions within the local historic district,

21:00:25 which has a southern boundary of the alley, which they

21:00:28 are requesting to vacate the air rights over.

21:00:30 And three of the recommendations by the architectural

21:00:36 review commission dealt with the way the project

21:00:39 interfaces with the neighborhood along Hyde Park Place.

21:00:42 One dealt with the screening and location of mechanical

21:00:49 equipment.

21:00:49 And the last dealt with the retained -- retainment of

21:00:55 historic materials in the alley and in the streets

21:00:59 on-site.

21:01:00 The applicant did modify the site plan subsequent to

21:01:03 the architectural review commission public hearing.

21:01:06 And did integrate all five recommendations to, into the

21:01:10 site plan that you're reviewing tonight, to the staff's

21:01:13 satisfaction.

21:01:13 If you have any questions, I'll be available for, after

21:01:19 the public hearing.

21:01:20 >>THOMAS SCOTT: Any questions by Council?

21:01:21 >> Thank you.

21:01:23 >>THOMAS SCOTT: Petitioner?

21:01:28 >> Good evening, Truett Gardner, 400 North Tampa

21:01:31 Street.

21:01:32 Two housekeeping issues.

21:01:33 One, Abbye had the four comments that she brought up

21:01:36 that would change her recommendation from inconsistent

21:01:39 to consistent.

21:01:40 We are 100 percent amenable to those.

21:01:43 If all goes well tonight, those changes will be made

21:01:46 between first and second reading.

21:01:47 Secondly, Mr. Scott and Mr. Stokes both made the

21:01:51 reference to Phillips development calling them.

21:01:55 I just wanted to clarify for the record.

21:01:56 My client is Crescent Resources, totally separate from

21:02:00 Phillips.

21:02:01 I believe they're actually here to express a concern

21:02:04 that they had there another multifamily development.

21:02:07 I just wanted to make sure that was clear.

21:02:09 My client is Crescent resources.

21:02:11 Phillips is totally separate from this.

21:02:14 I believe they will say there was absolutely no contact

21:02:18 made with respect to this request.

21:02:19 That being said, we're excited to be here tonight.

21:02:22 Crescent resources has owned this property for a long

21:02:25 time.

21:02:25 They were able to do one development, Park Side at one

21:02:29 Bayshore, which sits at the corner of Bayshore and

21:02:31 Platt.

21:02:32 And market turned.

21:02:34 Went to the south.

21:02:35 And we're back and excited to be here.

21:02:39 The phase that Abbye was referring to as phase two is

21:02:43 for 375 units.

21:02:45 To give you some perspective, SkyPoint, which is

21:02:48 directly across from the new Curtis Hixon park, is 385

21:02:53 units.

21:02:54 So from a size standpoint, kind of easy to look at

21:02:57 numbers, but just to give you a perspective of number

21:02:59 of units, that's what we're talking about here.

21:03:01 So it's a large development on a six acre piece of

21:03:04 property.

21:03:05 It's -- just to put it back up the, aerial again, it's

21:03:12 an absolutely prime piece of property with a lot of

21:03:15 frontage on Bayshore Boulevard, on Platt, and then

21:03:19 immediately over the bridge from downtown, which is

21:03:22 kind of blocked off here, but you all know exactly what

21:03:25 that.

21:03:25 So it's a very urban site.

21:03:27 And this is not a speculative request of Crescent's.

21:03:33 They would like to proceed with God speed from here.

21:03:36 And hope to start construction second to third quarter

21:03:38 of next year.

21:03:39 So not only is it a great site, great developer, we

21:03:44 believe it's going to be an economic shot in the arm

21:03:46 for the City of Tampa.

21:03:48 And will be a good sign that things are moving again,

21:03:51 things are progressing again.

21:03:52 And we're back to developing.

21:03:54 Before we really begin, I'd like to introduce the team.

21:03:58 We have got Richard buck and frank ma that I here with

21:04:01 Crescent resources.

21:04:04 Richard buck is going to be speaking tonight.

21:04:05 Secondly, mike Ross and Nicole Lynn of king

21:04:09 engineering.

21:04:10 They have been our civil engineers, not only through

21:04:12 this phase but dating back to when Crescent purchased

21:04:15 the property.

21:04:16 In addition, we have Christopher Hatton of Kimley Horn,

21:04:22 transportation consultant on this project.

21:04:25 Here to answer any questions you might have in that

21:04:28 vein.

21:04:29 Finally, last but not least, Jose Saumell of Msa

21:04:34 Architects, he's the lead architect on the project and

21:04:38 will run through the project and kind of the

21:04:41 architectural scheme and what exactly he's trying to

21:04:43 accomplish.

21:04:43 It was documented by Jimmy as well as by Abbye.

21:04:52 We have two requests in front of you tonight.

21:04:54 The first request is we're proposing to vacate a

21:04:58 portion of an alley, which I'll show in greater detail.

21:05:01 And then secondly, Abbye said it, but I'll say it

21:05:04 again.

21:05:05 There's two PDs that we are merging into one.

21:05:09 The resulting PD will dramatically reduce the approved

21:05:13 heights and also dramatically reduce the approved

21:05:15 density and intensities of what is currently approved.

21:05:22 As you know, nine times out of ten when developer is

21:05:27 standing in front of you, it is generally to increase

21:05:29 height, increase density, increase intensity and this

21:05:32 is odd in that it's going back the other way, in

21:05:37 effect, it's a down zoning for the overall greater

21:05:40 scheme of the property.

21:05:41 I want to go through the two big changes that brings us

21:05:45 here in front of you tonight.

21:05:46 I think the best way to do that is to explain first

21:05:50 what's approved in the two PDs so you get a general

21:05:54 sense of that.

21:05:54 And then in detail what it is that we're asking you

21:05:57 for.

21:05:58 So if that, I want to put up the first PD.

21:06:10 I realize you're stand I away a way.

21:06:16 Can't read the details.

21:06:17 So I've highlighted the portions.

21:06:20 This is Bayshore Boulevard here.

21:06:21 Flipping back to the aerial, just so you get the

21:06:30 perspective.

21:06:31 If we could go back to the Elmo.

21:06:42 This PD involves this block, with Vern on the south,

21:06:49 and this block, which abuts the alley.

21:06:52 Those approved in 2005.

21:06:58 And for multifamily development.

21:07:00 The portion on Vern was approved at eight stories.

21:07:04 The portion on the northern block, north of west Beach

21:07:09 Place was approved at 21 stories.

21:07:12 For a grand total here of 140 units.

21:07:15 In addition to that, it's important to note there was

21:07:18 a, also an approval that went along with it for this

21:07:21 highlighted portion here, which was a structure that

21:07:24 would span Beach Place and connect one block to the

21:07:27 next block.

21:07:28 So that's the -- that's the first PD and that's the

21:07:31 easier one to explain.

21:07:32 The second PD, which looks like a bowl of spaghetti,

21:07:48 was approved in 2001.

21:07:50 Abbye showed the building at Bayshore and Platt.

21:07:55 That stands here, already constructed.

21:07:58 So this deals with the remaining portion of the

21:08:00 property.

21:08:00 You'll see a couple other highlights of mine here.

21:08:03 There's a 26 story tower approved here.

21:08:06 An eight story tower approved here.

21:08:10 Dipping back to four stories on the westernmost

21:08:13 portion.

21:08:14 And then a four story town home development here.

21:08:17 And the most complicated portion of this request is to

21:08:24 explain what was approved.

21:08:27 And the short answer is, a lot was approved.

21:08:31 It's zoned for a maximum entitlement of 5.1 far.

21:08:35 And which is planning speak for floor area ratio, which

21:08:42 how much development you can get on any given site.

21:08:45 So at 5.1 FAR, over four acres, which is the size of

21:08:50 this site, you could build eight hundred and eighty

21:08:52 thousand four hundred and -- thousand square feet of

21:08:57 development.

21:08:58 Not only that, but uses that were approved along with

21:09:01 that, and this is not in total, medical office

21:09:05 building, general office building, commercial,

21:09:09 multifamily, and any and everything else under the sun.

21:09:15 What this does take, is takes the remainder of the

21:09:19 property, makes it a grand total of 375 units that will

21:09:24 be built in this phase.

21:09:26 Substantially reducing the number of entitlements that

21:09:30 are out there.

21:09:30 And leaving approximately 45% of the available

21:09:34 developable entitlements today on the table.

21:09:37 Furthermore, when it comes to height, we wanted to show

21:09:42 you two things.

21:09:43 On the Elmo.

21:09:44 First to give you some perspective back to this aerial,

21:09:57 there's this northern block in the alley.

21:10:02 The alley is here.

21:10:09 So this is the northern block.

21:10:11 And this is the southernmost block of the original PD

21:10:16 request.

21:10:16 And what this shows is from a height perspective, on

21:10:21 the southern block, a 21 story tower was approved here.

21:10:25 And this shows what we're proposing today.

21:10:27 An eight-story building.

21:10:29 And on this side, on the northern PD, a 26 story tower

21:10:34 was approved.

21:10:35 And again, we're dropping that height dramatically to

21:10:38 eight stories.

21:10:38 This is a different perspective.

21:10:46 This will be the perspective from Hyde Park Place

21:10:51 looking broadside at the building.

21:10:53 Again, dropping the building from 26 stories in height,

21:11:01 down to eight stories in height.

21:11:06 So you can see there, the net loss or net reduction of

21:11:11 18 stories.

21:11:13 Which will bring that to eight stories.

21:11:15 Now, you might be asking why we're here.

21:11:23 The reasons why we are here are highlighted in blue.

21:11:40 There's this right here, which is our vacating request.

21:11:46 It is to span this portion of the alley.

21:11:50 Jimmy said it and I'll say it again, it will be, remain

21:11:53 100% open to traffic, transportation to solid waste.

21:11:57 To anybody in the public.

21:11:59 We're simply wanting to do is span, to vacate the air

21:12:03 rights and allow us to build over, beginning at 21

21:12:07 stories and going up to eight stories.

21:12:09 21 feet.

21:12:15 Excuse me.

21:12:15 And going up to eight stories.

21:12:17 Sorry.

21:12:18 Secondly, is this portion here, this was shown

21:12:23 originally at four stories.

21:12:25 We're asking for eight stories here.

21:12:26 You have to excuse me.

21:12:28 This also should have been highlighted, it's going from

21:12:31 four stories to eight stories.

21:12:33 And then this portion here is another span of the

21:12:36 building.

21:12:38 However, with it, Hyde Park Place was vacated back in

21:12:42 2001.

21:12:42 And along with that vacating, Crescent be granted back

21:12:47 to the city the ability of transportation, solid waste,

21:12:51 anybody in the public the use Hyde Park Place.

21:12:53 But they put in a caveat, which said that Crescent can

21:12:57 build a structure over the totality of Hyde Park Place,

21:13:02 so long as it had a clearance of 43 feet.

21:13:05 And then they could go up to the sky.

21:13:07 What we're trying to do here is just minimize it to

21:13:10 this small portion here, but take the 43 feet of

21:13:14 clearance and drop it down to 21 feet four inches.

21:13:17 So, these and -- and that should have been in blue too,

21:13:23 are the sole reasons for our request here tonight.

21:13:27 And on those requests, we knew that one, we would be

21:13:37 abutting a multifamily area to the west.

21:13:41 And so we wanted to address that.

21:13:43 Jose is going to talk about that in length.

21:13:46 When we went in front of the ARC, who you all know is

21:13:50 not the easiest body to get for when asking for

21:13:54 increased height and increased scale.

21:13:57 Those issues were brought to bear as well as the

21:14:00 vacating.

21:14:01 They have jurisdiction over that.

21:14:02 And at the end of the night, once they saw what we were

21:14:08 proposing, they did ask us to make some requests, which

21:14:11 we think greatly improved the project.

21:14:13 The vote was unanimous in support.

21:14:16 And that sent it to you with a unanimous recommendation

21:14:18 for approval.

21:14:19 Finally before I turn things over to Richard Buck, I

21:14:30 just wanted to point out that projects of this scale

21:14:34 typically don't come with clean staff reports,

21:14:38 unanimous approvals from, recommendations from the ARC.

21:14:44 So we're proud of what we have accomplished to date.

21:14:47 We're here to answer any questions you might have, be

21:14:50 it engineering questions, transportation questions,

21:14:53 legal questions.

21:14:54 And finally, we have several letters of support.

21:15:00 A couple people were here tonight to speak in support.

21:15:03 They had to leave.

21:15:04 But they wrote some letters.

21:15:05 I'd like to file those with Marty.

21:15:07 With that, I'll turn things over to Richard Buck.

21:15:20 Again, we are here to answer any questions might have.

21:15:23 Would also like to save time for rebuttal.

21:15:37 >> Thank you.

21:15:41 Good evening, Councilmembers.

21:15:43 My name is Richard Buck with Crescent Resources.

21:15:46 Pleased to be before you tonight.

21:15:48 I realize Truett had a good summary, so I'll keep my

21:15:53 comments brief.

21:15:54 We have a long night.

21:15:55 And many members from our neighborhood that would like

21:15:57 to speak tonight.

21:15:58 So I'll make my comment brief.

21:16:01 Crescent Resources benefits from healthy relationship

21:16:03 in Tampa.

21:16:04 We have got some successful commercial developments up

21:16:06 near International Plaza.

21:16:07 Also, this presentation will represent our fourth

21:16:11 multifamily effort in the Tampa Bay area.

21:16:13 So, certainly Tampa is a very important market for us.

21:16:18 The multifamily division of my company currently has

21:16:21 ten new properties, sites around the southeastern U.S.

21:16:24 that are slated for construction start next year.

21:16:27 This is one of them.

21:16:28 This is one we consider our Flagship properties.

21:16:30 Because we think this site is one of the best sites in

21:16:33 Tampa.

21:16:34 And so we think that by our proposal tonight, we hope

21:16:39 you'll find it's suitable use of the site.

21:16:42 One of our goals is to present to you the pen fits that

21:16:46 we think Tampa will realize from this development.

21:16:49 It's a $60 million project that we think is going to

21:16:52 help local contractors back to work in this area.

21:16:55 We think the development will be a catalyst for more

21:16:58 development activity to come to Tampa Bay.

21:17:00 And we think that the support that you'll communicate

21:17:03 here tonight will be the start to that catalyst.

21:17:06 I'm sure you'll come to appreciate during this

21:17:11 presentation tonight, that our company's goal is

21:17:15 commitment to quality.

21:17:17 A desire to be good stewards of this parcel and its

21:17:21 intangible qualities and also a willingness to work

21:17:23 with our neighbors --

21:17:25 >>THOMAS SCOTT: You need to wrap it up.

21:17:27 >> Example of this was our three hour gathering,

21:17:30 August 4th of this year.

21:17:32 Hosted at Zudar's deli, where we welcomed and opened up

21:17:37 for three hours, for our neighbors to come and attend

21:17:40 and meet them.

21:17:41 Let them see our development plans and answer any

21:17:43 questions that they had about the plan.

21:17:45 We had many of our designers on-site to answer

21:17:48 questions.

21:17:48 And several of the residents voiced their appreciation

21:17:52 for the effort that was I think attended about 45

21:17:55 residents from 345 Bayshore, Park Side condominiums as

21:18:00 well as our neighbors to the west.

21:18:02 I thank you for your support for the project.

21:18:04 I want to bring up our project architect, Jose Saumell,

21:18:07 to tell you more detail.

21:18:12 >>THOMAS SCOTT: 15 minutes is up.

21:18:12 Unless counsel want to waive the rule.

21:18:15 But 15 minutes is up at this point.

21:18:16 >> Recognize our 15 minutes is up.

21:18:18 If we could just have three to five minutes to briefly

21:18:21 run through the development, I think it's a crucial

21:18:24 component.

21:18:29 >>THOMAS SCOTT: What's the pleasure of Council?

21:18:31 Is there a motion to that effect?

21:18:35 >> Move that we add three minutes.

21:18:39 >> Is there a second?

21:18:41 >> Second.

21:18:41 >>THOMAS SCOTT: Moved and second.

21:18:43 All in favor signify by saying aye.

21:18:44 Opposes?

21:18:46 Three minutes.

21:18:48 >> Jose Saumell with Msa Architects.

21:18:52 What I'd like to talk to you very briefly about is the

21:18:54 concept that we used for this site.

21:18:56 If you look at the previous approval, which were

21:18:59 high-rise buildings, what we tried to do, typical high

21:19:02 rise will have six to eight story pedestal parking,

21:19:06 residential units above that what we tried to create is

21:19:10 basically a centralized parking garage with mid-rise

21:19:13 village concept that brought people, units and all

21:19:16 kinds of activity down to the street level.

21:19:19 To help integrate our community with the street itself.

21:19:22 If you look at the site plan, you'll see it's basically

21:19:25 a centralized garage.

21:19:27 And then off that garage, several buildings sprawled

21:19:30 through.

21:19:31 If you look through the bridge and connectors that we

21:19:33 did, that enables us to provide this concept, it

21:19:36 enables to take the units and spread them out through

21:19:39 the site, therefore, lowering the heights of the

21:19:42 building and lowering the intensity of the development.

21:19:46 I'd also helps to bring people to the street.

21:19:49 I mean it really, really works well in bringing

21:19:52 activity to the street, which I think will reactivate

21:19:55 the park that's there.

21:19:56 Will reactivate the street and really help with the

21:19:59 development.

21:20:00 >> Let Jose finish up and I'll run through the

21:20:04 renderings on the Elmo.

21:20:05 >> If Luke at the design of the buildings, all

21:20:08 courtyard buildings.

21:20:09 One of the things we worked with ARC on building number

21:20:12 three, that's closest to the garage.

21:20:15 We developed all the buildings as courtyard.

21:20:18 Doing courtyards, we were able to take basically green

21:20:23 spaces and bring them to street level.

21:20:25 Our pool and amenities are also at street level, along

21:20:28 the building on Bayshore.

21:20:30 Again, this allows us to bring a lot of activity to

21:20:33 Bayshore.

21:20:34 Rather than having it on top of some six, eight story

21:20:36 garage, as typical high rise residential structures

21:20:39 would.

21:20:40 We like to bring the activity down to the ground.

21:20:42 And that's really the concept that we're looking at

21:20:45 here and really what we're trying to accomplish.

21:20:47 For these projects to be successful, that's a critical

21:20:51 component.

21:20:53 Where our residents have good access to their parking

21:20:55 structure, they have good access to the street level.

21:20:58 And they become part of the community and part of the

21:21:02 street.

21:21:02 Thank you.

21:21:06 >>THOMAS SCOTT: Thank you.

21:21:07 Any questions of Council?

21:21:12 Okay.

21:21:16 >> That concludes our initial presentation.

21:21:19 >>THOMAS SCOTT: We'll take public comments.

21:21:21 Those who wish to address Council may come forward at

21:21:23 this time.

21:21:24 If you are in support, if you're in support, stand to

21:21:31 my left.

21:21:32 If you're in opposition, stand to my right.

21:21:34 If you're in support, line up now on my left.

21:21:38 If you're in support.

21:21:39 My left, your right.

21:21:41 If you're support, my left, your right.

21:21:46 Opposition?

21:21:56 On the other side.

21:22:03 >> You're prepared to hear from opposition?

21:22:06 >>THOMAS SCOTT: We are going to go back and forth.

21:22:08 If you're in opposition, if you're in support --

21:22:13 there's no support?

21:22:14 Okay.

21:22:15 All right then.

21:22:15 Come on.

21:22:17 >> Thank you, Mr. Chairman.

21:22:19 My name is Jim O'Connor.

21:22:21 I'm 275 Bayshore Boulevard, Tampa, 33606.

21:22:25 I'm also here to speak on behalf of seven other people.

21:22:29 I'd like to present this.

21:22:30 Are the people here?

21:22:39 >> If you can raise your hand.

21:22:42 Adrian Garcia.

21:22:44 Janet Blay.

21:22:45 Jason Barnett.

21:22:48 Veronica Bazari.

21:22:49 Elizabeth Clifford.

21:22:51 Cathy Kenevich.

21:22:54 And Eva Kenevich.

21:22:57 Thank you.

21:22:57 Additional seven minutes.

21:22:59 Ten minutes total.

21:23:07 >> There's something that the board chairman has --

21:23:09 >>THOMAS SCOTT: Just before, let me -- I want to ask,

21:23:13 Mr. Gardner, this is the email I was speaking about

21:23:16 that I received.

21:23:19 I think this morning came in an email.

21:23:21 So, I want to submit this.

21:23:23 Is it all right, Mr. Attorney?

21:23:25 >> I believe that was put into the box.

21:23:27 But if you want to make sure.

21:23:28 >>THOMAS SCOTT: I just want to make sure, so everybody

21:23:31 understands.

21:23:31 >> Mr. Gardner, have you seen that?

21:23:34 >> If we could pass that to Mr. Gardner.

21:23:42 >>THOMAS SCOTT: Color copy is for you.

21:23:43 Color copy is for the record.

21:23:45 He has a copy.

21:23:52 >> Thank you, Mr. Chairman.

21:23:54 As I said, I'm Jim O'Connor.

21:23:56 Here with my wife Deb.

21:23:59 We are 275 Bayshore.

21:24:00 Also speaking on behalf of several other owners at 275

21:24:03 Bayshore.

21:24:04 I have submitted and ask to be dispute into -- put into

21:24:08 the record the petition to deny the zoning application.

21:24:11 This application is also irreconcilably interconnected

21:24:17 to the request to vacate the alley to allow them to

21:24:20 build a sky bridge.

21:24:21 I'll explain why in the course of this presentation.

21:24:23 The public file Mr. Chairman, is filled with evidence

21:24:27 of unanswered question and inconsistent data, repeated

21:24:31 failures to demonstrate compliance with the applicable

21:24:35 regulations and controlling legal criteria, the staff

21:24:38 admits that the current application is inconsistent

21:24:41 with controlling regs, but assumes that those changes

21:24:45 can be made in the site plan.

21:24:47 And we submit that it cannot be.

21:24:51 If you look at the observations and the criticisms that

21:24:55 were actually submitted by the various departments,

21:24:57 there are two sources of criticisms, the first are

21:25:00 departmental and agency.

21:25:01 Number one, transportation.

21:25:04 Transportation staff indicated that what was pro ported

21:25:08 to be a traffic analysis to support this presentation

21:25:14 had multiple area errors, including AM and peak

21:25:18 analysis.

21:25:19 It did not take into consideration signal timings.

21:25:22 It described the intersection at Platt and Bayshore as

21:25:24 failing.

21:25:25 And it required mitigation to be proposed.

21:25:28 None of which was.

21:25:30 And it described inaccurate depictions of project

21:25:33 driveways and prohibited without developer city

21:25:37 agreement necessary designated turn lanes.

21:25:40 None of which you'll find on the site plan.

21:25:44 The transportation division recorded numerous

21:25:47 additional problems, included it objected to vacating

21:25:50 the alley.

21:25:50 The site plan was inconsistent with chapters 27.247 and

21:25:55 others with respect to loading berths per use and the

21:26:00 needs to be

21:26:01 Stated on the site plan, which are not.

21:26:03 Parking places along the Beach Place street were

21:26:06 described by them as inconsistent with applicable

21:26:08 regulations.

21:26:09 They described the parking in the materials that were

21:26:11 presented to you as conceptual.

21:26:15 Not actual.

21:26:16 Proposed uses of the multiple buildings and square

21:26:19 footage and number of residential units needs to be

21:26:22 clarified to determine what the impact to traffic,

21:26:26 something you've not heard tonight.

21:26:28 Which is what is concerning us more than anything else.

21:26:31 As you turn off of Platt into this proposed eight story

21:26:36 parking structure, you have one -- one form of egress

21:26:42 into this thing.

21:26:43 It's the same place we pull out of at 275 Bayshore.

21:26:46 You're going to put in an additional 680 vehicles.

21:26:51 In addition to the 200 or so that we have that come out

21:26:55 on that one unregulated street.

21:26:57 It can't take it.

21:26:58 And if it could, they could at least demonstrate,

21:27:02 modeling the traffic that's predictable.

21:27:05 Various scenarios, including emergency scenarios.

21:27:07 Transportation asked them to do that.

21:27:09 They did not.

21:27:10 We are asking this Council to demand a legitimate

21:27:15 traffic analysis along all the impacted streets.

21:27:21 The reason we think you should not grant the zoning

21:27:24 request or vacating request is one of the ways they can

21:27:27 improve traffic around this area is to use the alley

21:27:31 that they actually want to turn into a bridge and a

21:27:34 tunnel, within a half a block of Bayshore Boulevard.

21:27:37 Why in heaven's name, don't use that as an access

21:27:42 point, so you will have an additional one thousand

21:27:46 people and hundreds and hundreds of additional vehicles

21:27:49 on what amounts to two or three streets.

21:27:53 And where do they go?

21:27:55 They go to Bayshore Boulevard, which is already

21:27:57 congested, or they go to Platt, which transportation

21:28:00 has already described as an intersection that needs to

21:28:03 be fixed, not clogged with additional cars.

21:28:08 And that's just transportation.

21:28:10 Solid waste weighed in against it.

21:28:13 The right-of-way division weighed in against it and

21:28:21 said the survey presented dos not match the site plan

21:28:24 or committed legal description.

21:28:25 Now, how can you possibly approve it when that problem

21:28:30 is in the public record?

21:28:32 And I studied the public materials.

21:28:34 I have not seen any indication that that has been

21:28:37 repaired.

21:28:38 Parks and recreational department, natural resources

21:28:41 section weighed in against it.

21:28:42 They weighed in against it because of lack of the tree

21:28:44 table.

21:28:45 When they were here before, before they went bankrupt,

21:28:48 they came in and tore it apart.

21:28:50 They left an eyesore on Bayshore.

21:28:52 They took away most of the trees.

21:28:53 What are they going to replace it with?

21:28:56 Well, natural resources had a problem with the fact

21:28:58 they didn't explain how they were going to bring back

21:29:01 the green space they removed.

21:29:02 They would like you to believe that they're going to

21:29:04 take these two huge towers and crank them down to eight

21:29:08 stories.

21:29:09 That's true.

21:29:10 But they're going to take the town homes, push them up

21:29:15 eight stories.

21:29:16 Take whatever green space was left and eliminate it

21:29:18 entirely.

21:29:19 If you look at the staff report, when it comes to green

21:29:22 space, what do they tell you?

21:29:24 They're leaving and old oak tree.

21:29:26 I think they'd better do a little better than leaving

21:29:29 an old oak tree.

21:29:31 Parks and natural resources said they didn't what they

21:29:34 should have.

21:29:35 The water department said it failed to present water

21:29:38 demand data to determine whether infrastructure is

21:29:43 adequate.

21:29:43 And the site plan says but does not explain how the PD

21:29:47 stormwater system is going to mitigate and detain

21:29:51 foreseeable and predictable stormwater in an area that

21:29:54 floods.

21:29:54 So we are predictably disappointed in what is being

21:29:59 presented.

21:30:00 We are not against development, but we are against this

21:30:02 development.

21:30:02 And let me tell you, we heard about Zudar's, we heard

21:30:08 what they were going to do to us at Zudar's.

21:30:11 We were not allowed to participate.

21:30:13 We stand here today asking to you have them talk to the

21:30:15 neighbors.

21:30:16 And we would love to talk about that.

21:30:19 The site is within the Hyde Park local historic

21:30:23 district.

21:30:24 So tell me how come the historic Hyde Park neighborhood

21:30:29 association never heard word one about this?

21:30:33 And ARC allowed, or recommended the proposal, but don't

21:30:38 unthink in this historic area we should at least hear

21:30:41 from the historical neighborhood association before we

21:30:43 decide whether this is appropriate?

21:30:45 And the old PD actually stepped down toward -- you saw

21:30:49 the quaint houses.

21:30:52 Stepped down towards the quaint houses with small

21:30:55 townhouses.

21:30:56 Now those houses are staring at five big boxes.

21:31:01 And that is not consistent with the culture of the

21:31:03 neighborhood.

21:31:04 It's not consistent with the historic nature of the

21:31:07 neighborhood.

21:31:08 I agree with one of the things he said.

21:31:10 This is a beautiful, beautiful footprint.

21:31:12 But let's not sully it.

21:31:14 Let's think long and hard what is appropriate for that

21:31:18 area.

21:31:18 Because the last time they sought beyond their

21:31:22 pocketbook means, they tore it apart and left an

21:31:25 eyesore.

21:31:26 Let's not do that again.

21:31:27 Thank you.

21:31:29 >>THOMAS SCOTT: Thank you.

21:31:30 Next speaker?

21:31:34 >> Good evening.

21:31:34 Thank you for being here, so late.

21:31:36 My name is Kevin Johnston.

21:31:38 I work at 142 West Platt Street.

21:31:43 I work for Phillips development.

21:31:44 I'm the chief operating officer for the company.

21:31:48 We submitted for the record our concerns that you see

21:31:53 before you.

21:31:54 I'd like to first off state that we support development

21:31:59 obviously.

21:32:00 We're developers.

21:32:01 I agree with Mr. Buck, this will inject a lot into our

21:32:04 economy here.

21:32:05 That we need, create a lot of jobs.

21:32:07 And as long as the marketing here supports it, and

21:32:10 absorbs up, then it's a good development for us.

21:32:15 What we oppose is just, you know, as Mr. Buck alluded

21:32:19 to, this site represents really the Mecca of Tampa.

21:32:23 It's really the framework and gateway for everything

21:32:27 that comes from the Westshore business district,

21:32:31 district into downtown Tampa.

21:32:32 And obviously we don't need to rush into anything here

21:32:36 and not do it correctly.

21:32:37 So, obviously, we're a developer.

21:32:42 This first chart here talks about what we do.

21:32:45 We build multifamily developments throughout the

21:32:49 company.

21:32:50 We own the first floor of one Bayshore there as

21:32:55 indicated in the red.

21:32:56 It's about 12,000 square feet.

21:32:59 It runs all the way from Bayshore here, all the way

21:33:04 back into Parker street down Platt Street.

21:33:07 This serves as our main corporate offices here.

21:33:10 And unfortunately, development business is hard these

21:33:15 days, so I spend most of my life actually there, so I

21:33:19 feel like I live there and part of the community in

21:33:21 that area.

21:33:22 Secondly, we have a little bit of experience in the

21:33:27 Tampa area on what we build.

21:33:30 This is development that we just finished up over on

21:33:34 international drive, adjacent to some of Crescent

21:33:37 office complex over there.

21:33:38 It's 401 units.

21:33:41 Used to actually be a Tampa landfill back in the

21:33:44 1970s.

21:33:45 We remediated it.

21:33:47 It's a $65 million project there that is doing very

21:33:50 well.

21:33:51 95% occupied.

21:33:53 400 units, we finished construction last year.

21:33:56 You'll notice it's a pretty complex site.

21:33:59 And with integrated parking deck on it and four

21:34:02 courtyards.

21:34:03 Obviously, there's ingress, egress issues associated

21:34:08 with that that we worked through.

21:34:09 This is the entrance to our property here.

21:34:12 We try very hard to make our entryways very appealing

21:34:17 and everything for our projects, for the aesthetics and

21:34:21 for the marketability of it.

21:34:22 This here is a Google earth shot basically to orient

21:34:30 you to what the proposed project is.

21:34:32 This is Platt Street here, which everybody understands

21:34:36 is one way.

21:34:37 Cleveland runs back to the west there.

21:34:42 This is the current building here.

21:34:48 To understand, there's park deck that's integrated into

21:34:51 this building here.

21:34:53 There's about 234 parking spaces that are here.

21:34:57 The entry point to get into that parking deck is here.

21:35:01 Through a tunnel that comes through and goes up into

21:35:04 the parking deck.

21:35:05 The proposed development has --

21:35:09 >>THOMAS SCOTT: Your time is up.

21:35:10 Sorry.

21:35:12 Three minutes.

21:35:15 >> Is there anyway that I could request any

21:35:17 forgiveness?

21:35:19 >>THOMAS SCOTT: You'll have to do what the first

21:35:21 gentlemen did.

21:35:22 Have speaker waiver forms for people to verify that

21:35:26 they are here and they will give you their time.

21:35:28 But that's been done now by several speakers already.

21:35:31 So I don't know whether you have any remaining speakers

21:35:34 for that.

21:35:35 How much more time do you need?

21:35:42 >> I need just a couple minutes.

21:35:44 I think it's very important, like Truett mentioned.

21:35:52 >>THOMAS SCOTT: I'll give you two minute.

21:35:54 I'll also have to give the other side two additional

21:35:57 minutes as well.

21:35:58 You all understand that.

21:36:00 >> Yes, sir.

21:36:00 So the point real quick, if I could have back the

21:36:05 screen.

21:36:06 >>THOMAS SCOTT: It's up.

21:36:07 >> Is basically -- the entranceway for this development

21:36:11 is going to be on south Parker street.

21:36:13 It's going to feed 668 basically parking spaces here

21:36:18 and 234 here.

21:36:19 We have a concern with the placement of a loading zone

21:36:24 basically in the middle of this area here.

21:36:27 Which is already very tight.

21:36:29 So, one of the issues that we see is that this is going

21:36:34 to cause a big time ingress, egress issue for the fire

21:36:38 departments that come from Davis Island and also

21:36:41 downtown.

21:36:43 The way you enter this property is not off of Bayshore.

21:36:45 This here is a no left turn into this.

21:36:48 And the curbing here is not conducive to that.

21:36:51 The streets back here are cluttered with cars and this

21:36:53 is historic.

21:36:54 This is the main entry point for the facility.

21:36:57 Obviously, you're familiar with what the emergency

21:37:01 ingress, egress requirements are of space and keeping

21:37:04 the roadways clear.

21:37:06 You have that information.

21:37:08 This is just a brief example on what we're talking

21:37:12 about.

21:37:12 If you're coming off of Platt Street, the proposed

21:37:15 parking deck would go here.

21:37:17 The existing parking deck is here.

21:37:20 And turn left to get into it.

21:37:23 And this is right here about where the proposed loading

21:37:26 zone's going to go.

21:37:28 We obviously, we know what it's like to have 400 units

21:37:33 and have loading trucks in and everything coming in and

21:37:36 out of the facility you can't control when they show

21:37:39 up, how long they stay there, how many at one time.

21:37:42 We also have the refuge collection vehicles come in,

21:37:46 that actually pull dumpsters out here during the day

21:37:50 time to get into it.

21:37:51 You know, for us, it's going to be a jacked up

21:37:54 situation right there with the traffic.

21:37:57 This is a mini -- moving van coming out of the street.

21:38:02 Platt Street is one way this way.

21:38:04 High traffic.

21:38:05 Here's an example actually the day after Crescent had

21:38:08 the meeting at Zudar's.

21:38:13 We express it these concerns at that time frame.

21:38:16 We are requesting is basically to relocate the proposed

21:38:22 loading zone from south Parker street to reduce the

21:38:25 ingress egress issues and comply with fire code

21:38:29 accessibility requirements.

21:38:31 Like I said before, this property serves as the gateway

21:38:36 for Tampa.

21:38:37 >>THOMAS SCOTT: Okay.

21:38:38 Thank you.

21:38:39 >> Thank you very much.

21:38:49 >> Good evening, Council.

21:38:50 My name is Jamie Meyers.

21:38:53 306 south Platt avenue.

21:38:54 I own the building, an office building on the end of

21:38:58 Hyde Park on the corner of Platt and Hyde Park Place.

21:39:02 I'd like to join Mr. Johnson on an issue regarding

21:39:05 ingress and egress.

21:39:07 I think it's very important for the Council to be aware

21:39:10 that for us anyhow, hope I'm using this right.

21:39:14 For us, not only are we going to have an issue with

21:39:18 this being a choke point because people come down

21:39:21 Platt, turn right to go into the parking garage.

21:39:26 We are building a building over here, building over

21:39:32 here and all sorts of little hamsters running back and

21:39:36 forth throughout this.

21:39:37 But we are going to have an issue, not only with the

21:39:40 congestion here.

21:39:41 But we also have to look at this 21-foot high tunnel

21:39:45 here.

21:39:45 Now, we heard that you had a 43-foot elevation on the

21:39:50 last PD.

21:39:52 They want to now condense that down to 21 feet.

21:39:54 What we had here was the thought we'd have buildings.

21:39:57 Nice tall buildings that were approved.

21:40:01 And it's a little bit sleight of hand.

21:40:03 You're being told, listen gentleman and ladies, we're

21:40:06 reducing the size of the building.

21:40:08 We're helping the city out.

21:40:11 We are good citizens.

21:40:12 We want to reduce the impact.

21:40:14 Actually going to make it more congestions because

21:40:16 they're squishing it down.

21:40:17 The first gentlemen said they're taking nice townhouses

21:40:20 and expanding them out.

21:40:21 So we're going to do is, I like my building.

21:40:25 We bought it because it was connected to Bayshore.

21:40:28 Nice office building that we bought completely

21:40:30 rehabbed.

21:40:31 And we are connected to Bayshore.

21:40:34 We are part of Bayshore.

21:40:35 As I walk down the street to the east, that's my view.

21:40:39 That's what I see.

21:40:40 Okay.

21:40:42 This tunnel is going to be 21 feet high and be monolith

21:40:47 thick.

21:40:47 Up to eight feet spanning across.

21:40:50 That's not going to exist any more.

21:40:52 I'm not going to be connected to Bayshore.

21:40:54 I'm going to be connected to the back end of their

21:40:56 development.

21:40:56 That goes for every other resident or every owner,

21:41:02 business owner in that area.

21:41:03 This is the view going the opposite way.

21:41:06 That's the view looking from Bayshore west, to the

21:41:15 street.

21:41:15 Beautiful view.

21:41:16 There we have it.

21:41:17 Now we're going to have the opposite side.

21:41:19 You're going to look from Bayshore and all you're going

21:41:22 to see is a mass of buildings.

21:41:25 They intend and will destroy the character of this

21:41:29 neighborhood.

21:41:29 They could be symbiotic with the neighborhood like the

21:41:32 present building.

21:41:34 It's beautiful.

21:41:34 Could be a landmark build go ahead.

21:41:36 If they do something like that, they may have something

21:41:39 else too.

21:41:39 Not against the development.

21:41:40 I think it's good to have development there.

21:41:42 I anticipated development this when I bought the

21:41:45 building.

21:41:45 But not this type of development that destroys the

21:41:48 view.

21:41:48 This is a little bit further, another little further up

21:41:53 on that.

21:41:54 Also showing that view.

21:41:55 Now, I mentioned I had one issue, which was the life

21:42:01 safety issue.

21:42:01 I think that's a valid point.

21:42:04 We also have to turn up west on Hyde Park.

21:42:07 You can't do that now with the tunnel there, with cars

21:42:10 there.

21:42:10 It's going to be very difficult.

21:42:11 That creates a life safety issue.

21:42:13 The other one of course is the character of the, my

21:42:16 second point is the character of this neighborhood is

21:42:18 going to be completely destroyed.

21:42:20 No longer will be connected.

21:42:22 My third point is, I listened on TV when Del Acosta

21:42:26 said isn't this beautiful?

21:42:28 Look at that view we preserved.

21:42:30 We're now destroying it.

21:42:32 >>THOMAS SCOTT: Thank you, sir.

21:42:33 Next speaker?

21:42:41 >> Good evening, Council.

21:42:42 Sam Corson, Corson Realty Group.

21:42:48 I have been sworn.

21:42:48 Just give you a quick background.

21:42:50 I own property at 216 Hyde Park Place.

21:42:54 I bought that in 1988.

21:42:57 I have enjoyed, like the last speaker said, the

21:43:01 connectivity of Bayshore, the view, the charming

21:43:02 historic nature of our neighborhood.

21:43:04 When this development came up last, we worked out a

21:43:09 very hard fought compromise to have a number of

21:43:12 different things that are totally being wiped away with

21:43:15 this new man.

21:43:17 I also represent Bayshore terrace LLC, which owns the

21:43:23 property at 214 Hyde Park Place.

21:43:25 It's been in their family since 1940s.

21:43:27 A family that's integral to Tampa.

21:43:31 The family was partners in perfected Garcia cigars.

21:43:39 We have a very long history of Tampa here in this

21:43:42 neighborhood.

21:43:42 Hyde Park Place was first developed in 1898.

21:43:46 It was, the land was owned by the Jackson family of

21:43:50 Kate Jackson and several mayors of Tampa.

21:43:52 Owned this land originally.

21:43:54 Bought from it the United States government.

21:43:56 It is a prime piece of real estate.

21:43:59 It's been -- Crescent's owned it for almost 10 years.

21:44:04 I don't just object to this development.

21:44:07 I vehemently object to this development.

21:44:09 The idea of spanning the road and taking away our view

21:44:14 and our access, spanning the alley, it's ludicrous.

21:44:18 When you stand downtown, between these buildings, the

21:44:22 high-rise buildings that are so close to each other,

21:44:25 you have the five mile-an-hour wind everywhere else in

21:44:29 the city.

21:44:30 You have 30 mile-an-hour wind downtown.

21:44:32 What's going to happen to these wind tunnels they want

21:44:35 to create when category one hurricane comes up the bay.

21:44:38 And we have 80 mile-an-hour winds everywhere else,

21:44:41 we're going to have, the houses will be blown away

21:44:44 because it will channel that wind through that tunnel

21:44:46 and amplify that wind beyond us.

21:44:48 We already have trouble getting the city to come pick

21:44:53 up the garbage and recycling because the trucks have

21:44:57 trouble navigating that rally.

21:44:59 I'm concerned in the future, 10 years from now, what

21:45:01 happens if the city decides to start using a truck that

21:45:04 has a boom or something that doesn't conform to these

21:45:07 tunnels they want to create?

21:45:09 They'll say well, we can't pick up your garbage any

21:45:12 more.

21:45:13 I have trouble getting them to pick up the multifamily

21:45:15 recycling bin because they don't want to bring the

21:45:17 truck down.

21:45:17 If I have to call for a special pickup, they have a

21:45:21 boom.

21:45:22 They don't even want to come down now.

21:45:24 So it will completely impact the quality of our life

21:45:26 and the ability, our ability to operate a business

21:45:29 there.

21:45:30 The Bayshore terrace is very small little apartments.

21:45:34 Workforce type housing.

21:45:36 We rely on that alley for access for the parking in the

21:45:39 back of that building.

21:45:39 The parking is very, very difficult on Hyde Park Place

21:45:42 right now.

21:45:43 We get people from Publix.

21:45:44 We get people to go to the ice palace.

21:45:47 People park on our street and walk downtown to work.

21:45:50 This kind of congestion, is way too much.

21:45:54 We want to see this property developed.

21:45:56 It's kind of a blight right now because it's vacate.

21:46:01 They have been waiting 10 years.

21:46:03 Send it back.

21:46:04 They can wait another six months, we can all wait

21:46:06 another six months for this wonderful development while

21:46:09 they make the site plan what it could be.

21:46:11 We fought very hard, Linda Saul-Sena and I on the

21:46:16 bricks.

21:46:17 >>THOMAS SCOTT: Could you show me?

21:46:19 Do you have a picture or a map where your building is?

21:46:22 >> If somebody has a map, I will show you.

21:46:56 >>THOMAS SCOTT: Sir, if you just come show me, where

21:47:00 your building is.

21:47:07 >> This is the Bayshore terrace apartments.

21:47:09 And this is my structure here.

21:47:12 We fought very hard to preserve the brick street.

21:47:18 They could orient business uses to that street.

21:47:22 They could orient a lot of other things besides a

21:47:25 tunnel.

21:47:26 >>THOMAS SCOTT: How close -- I drove this site today.

21:47:32 I walk it and drove it.

21:47:34 There's a county building there.

21:47:36 >> Yes, the runaway center.

21:47:38 >>THOMAS SCOTT: So that's behind the other alley where

21:47:42 they're building on front of that, is that right?

21:47:46 >> Beach Place run away center is right there.

21:47:48 >>THOMAS SCOTT: All right.

21:47:49 Thank you.

21:47:50 >> Thank you.

21:47:54 >>THOMAS SCOTT: Next speaker?

21:47:57 >> I thank all for your patience.

21:48:00 I was here 10 years ago going through this as well.

21:48:03 And was another long evening back then.

21:48:04 My name is Tom may.

21:48:06 I live 322 south Plant Avenue.

21:48:09 I also represent 213 west beach.

21:48:12 I also have a unit that I own at 275 Bayshore.

21:48:16 Unit 604.

21:48:17 And I would like to request the ability to speak on

21:48:21 items 11 and 12, three minutes apiece.

21:48:24 Plus I also have members from 275 Bayshore that donated

21:48:28 me minutes.

21:48:30 >>THOMAS SCOTT: Are they here?

21:48:33 Where is Mr. Shelby?

21:48:35 Need to verify these persons are here.

21:49:15 >>THOMAS SCOTT: How many additional minutes?

21:49:18 >> Three additional minutes.

21:49:20 >> Okay.

21:49:20 This is also an article that was printed in the year

21:49:24 2000.

21:49:24 If I request give it to you.

21:49:27 It also shows Ellen's house, who will speak next.

21:49:30 And the four stories that they were to do, which Del

21:49:34 Acosta thought was wonderful to embrace our historic

21:49:38 neighborhood, which now they want to obliterate and

21:49:41 take it away.

21:49:41 Which also the four stories also enhance the views from

21:49:44 275 Bayshore.

21:49:47 Going also with the old PD in doing the tower gave more

21:49:50 vistas and views to one Bayshore than what they're

21:49:54 proposing now.

21:49:55 One Bayshore will just see football fields of air

21:49:58 conditioning on top of roofs.

21:50:00 I really also want to address the alley.

21:50:05 I do not feel we should be giving developers air rights

21:50:09 to public streets that are owned by Tampa citizens.

21:50:12 Or the alleys.

21:50:13 I mean a great example of us when we vacated the Hyde

21:50:17 Park Place for the developer based on other reasons,

21:50:20 not about air rights.

21:50:21 We were told he wasn't going to build over that.

21:50:23 But so, here we are 10 years later and he wants to

21:50:27 build over that.

21:50:28 Who is to say if we vacate those air rights on that

21:50:30 alley that they do not build and come back six or 10

21:50:34 years later and want to do something else over that

21:50:36 alley.

21:50:37 You have to understand the alley is our parking to all

21:50:41 of our homes and multifamily.

21:50:43 And it's only about one car wide.

21:50:46 And we use it as a two-way street.

21:50:49 So, we have been doing it for years.

21:50:52 And we don't really need any additional traffic to

21:50:55 stress out that alley.

21:50:56 Nor do we want to have the view obliterated by a

21:50:59 21-foot tunnel.

21:51:01 Nor do we want to have wind shears coming through

21:51:04 there, which in that article also talked about a wind

21:51:06 shear that came off of 345 Bayshore and affected 213

21:51:10 beach back in the time when we were here before 10

21:51:13 years ago.

21:51:14 Also feel a lot of what they're doing does not conform

21:51:19 to the historic neighborhood.

21:51:21 It disconnects us from Bayshore.

21:51:23 Again, they're massing.

21:51:24 They're massing these eight story, stretches it out,

21:51:28 not stepping back down to our historic neighborhood.

21:51:31 And not stepping up to the high rise.

21:51:34 Given 345 and 275 very poor vistas looking out with all

21:51:39 the massing they're trying to do.

21:51:41 Also I do want to point out too that they were given I

21:51:49 guess some sort of special waivers for their setbacks.

21:51:51 And this is going to be another reason why I do not

21:51:54 think they should build over public ways at all.

21:51:57 The cone on 275 Bayshore, the corner of Platt and

21:52:01 Bayshore was struck by lightning and fell into Platt

21:52:04 Street.

21:52:04 That's because you didn't have the proper setbacks.

21:52:08 Somehow or another they got around that way back in the

21:52:10 beginning of time.

21:52:11 So, that's another reason I don't really feel

21:52:14 comfortable if somebody would build over an alley and

21:52:17 then we might have those problems if hurricanes come

21:52:20 through or accidents happen.

21:52:22 I just don't think it's a wise idea or way to go.

21:52:25 And they have enough land to develop.

21:52:26 Where they really don't need to connect and utilize

21:52:29 that alley.

21:52:30 Someone also said here that we would have a hundred

21:52:35 percent use of the alley.

21:52:36 Well, if you're building over an alley, there's no way

21:52:39 we'll have a hundred percent use.

21:52:40 Somewhere that alley is going to have to get closed for

21:52:43 them to build.

21:52:44 It's important to us to be able to have the fire

21:52:47 department, the ambulance, the police, anyone to be

21:52:49 able to come up and down that alley at any time.

21:52:52 The original PD worked very hard with our neighborhood

21:52:56 and said they weren't going to put access on take that

21:52:59 alley.

21:53:00 They couldn't handle it.

21:53:01 They were to deter traffic from coming into the

21:53:04 historic neighborhoods as well.

21:53:06 I still feel it's not characteristic to the

21:53:15 neighborhood.

21:53:16 I think it's going to be a detriment doing the eight

21:53:19 stories.

21:53:20 Without having a better enhanced green space.

21:53:25 And again, the ingress and egress for one Bayshore and

21:53:31 our neighborhood with the fire departments, the traffic

21:53:34 know, I really don't feel enough traffic study has been

21:53:37 done.

21:53:37 If you are in that neighborhood, I'm a property

21:53:39 manager, people are moving out at the end of the Monday

21:53:41 and in the beginning of the month.

21:53:42 So that is when you're going to have all your moving

21:53:46 vans.

21:53:47 The moving van stops on Vern.

21:53:51 The traffic coming off of Davis Island has to wrap

21:53:54 around that truck at the same time people are coming in

21:53:57 off Bayshore.

21:53:58 So you're going to have that happening there.

21:54:00 You're going to have it happening over right where

21:54:03 Bayshore is off of Hyde Park Place.

21:54:05 There will be van there.

21:54:07 Then the other stations that the other developer wants

21:54:09 to put up as well.

21:54:11 If they were going more vertical instead of massing out

21:54:14 this way, I think they can accommodate more traffic

21:54:16 flow and make it easier for our whole entire community.

21:54:19 But again, I just would also like to stress that I just

21:54:23 don't think -- they have spent enough time.

21:54:26 They did invade us to ZUDARD.

21:54:30 They did take my email address.

21:54:33 Never heard from them again.

21:54:34 So they really were not embracing us at all.

21:54:37 We spent a hot of time going down to zoning and talking

21:54:39 to zoning and trying to bring different matters to

21:54:43 their attention.

21:54:44 These architectural review economy, I applaud Dell cost

21:54:49 take when he was there.

21:54:50 I left my card.

21:54:52 Their first meeting I was told to call and follow-up.

21:54:55 I called to follow up, they said that they cancelled

21:54:58 the meeting.

21:54:59 Did not know when they'd be read scheduling.

21:55:03 I did not have a chance or opportunity to appear and

21:55:05 speak for the neighborhood or for myself because we

21:55:08 weren't invited.

21:55:10 I mean, with architectural review committee and

21:55:12 historic neighborhood, I think we should have been

21:55:15 embraced a little bit more about our concerns about our

21:55:19 historic homes as well.

21:55:21 I think that's pretty much all that I have.

21:55:24 Thank you.

21:55:24 >>THOMAS SCOTT: Thank you, sir.

21:55:25 Next speaker?

21:55:28 >> Hi.

21:55:29 I'm Laurie Watson, 275 Bayshore boulevard.

21:55:33 I'm currently the president of the homeowners

21:55:34 association there.

21:55:35 I have submitted to you a petition that was signed by

21:55:41 more than 50% of our residents.

21:55:43 So I'm here to represent them.

21:55:46 Hopefully you have that petition.

21:55:50 It's several pages long.

21:55:51 And you've taken the time to look at it.

21:55:56 My concern is, we need a development there, you know,

21:56:03 there's empty lots.

21:56:04 How far, we need to take some time.

21:56:06 We need -- I have some statistics here for you.

21:56:11 This is from the latest residency occupancy figures by

21:56:17 development as of January 19th, 2010.

21:56:20 I realize this is almost a year ago.

21:56:22 However, I don't think much has changed in the last

21:56:24 year.

21:56:25 This is on downtown housing.

21:56:28 And current, or as of this date, there were a total

21:56:33 number of housing units of 2,809 units, a total of

21:56:40 which were closed were only 1930.

21:56:45 Therefore, there is vacancy of over 800, almost 880

21:56:53 units in the downtown area.

21:56:54 So, we really need to take our time and putting the

21:56:59 right thing there.

21:57:00 Working with the developer, and that's my request.

21:57:04 I also do have one other concern, as far as traffic.

21:57:09 I don't know if you've ever taken the time to drive

21:57:16 south down Bayshore and tried to turn left.

21:57:19 You cannot turn left on Hyde Park Place because they've

21:57:22 changed that.

21:57:23 You used to be able to, but there were way too many

21:57:27 accidents, so they've made that a no left turn.

21:57:29 There's nowhere to turn left off of Bayshore into that

21:57:33 area.

21:57:35 Therefore, you're going to cause a lot of problems with

21:57:38 people trying to turn left, which they do do.

21:57:42 And it's a hazard.

21:57:43 It's a safety hazard.

21:57:45 So thank you.

21:57:46 >>THOMAS SCOTT: Did you, ma'am, you represent a

21:57:50 neighborhood group?

21:57:51 >> Park Side, the phase one that is there.

21:57:53 >>THOMAS SCOTT: Did you meet with the petitioner?

21:57:56 >> No.

21:57:57 I did not.

21:57:58 I went to ZUDARD's.

21:58:01 I asked questions, came away.

21:58:04 >>THOMAS SCOTT: Okay, thank you.

21:58:06 Next speaker?

21:58:13 >> Corine Disler, 275 Bayshore, unit 1503.

21:58:19 Park Side building.

21:58:21 >>THOMAS SCOTT: Ma'am, state your name again.

21:58:22 >> Corine Disler, 275 Bayshore, unit 1503.

21:58:28 I can see I don't have a lot of company on my side.

21:58:30 Pretty much I understand the question already the

21:58:35 entitlements to do what they want to do.

21:58:37 They've already got the Hyde Park Place to be able to

21:58:45 build that bridge over Parker street.

21:58:49 I don't think that we can stop that at this point.

21:58:51 They've already got it.

21:58:54 Architects already given them permission for the

21:58:57 building.

21:58:57 But, and I'm in the Park Side building that phase one.

21:59:01 And nobody wanted Park Side either when Park Side was

21:59:05 going up.

21:59:05 But now five years later, it's up and now we're part of

21:59:09 the community.

21:59:10 And it's a good community it's fine.

21:59:12 And we need more development there.

21:59:14 Basically all I want to say that in 2003, 103 buyers,

21:59:22 including myself, pledged half a million dollars each

21:59:25 to be part of a master association development,

21:59:27 consisting of three parcels of land adjacent to Platt

21:59:30 Street and Hyde Park Place.

21:59:32 With the majority of sales secured preconstruction, a

21:59:39 level of trust was established between Crescent and

21:59:41 future owners.

21:59:42 I have no doubt that Crescent was just to maintain that

21:59:45 valuable reputation.

21:59:46 How far, this new PD is a significant diversion of the

21:59:50 originally marketed concept.

21:59:52 The inclusion of the fourth parcel of land on Bayshore

21:59:55 Boulevard will require a rebuild of the master

21:59:58 association documents and declarations.

22:00:00 Alter the voting rights of residents of Park Side

22:00:04 subdivision, subassociation.

22:00:06 While Park Side has never had a majority vote, we have

22:00:11 adhered to all the declarations and bylaws set up by

22:00:14 Crescent and offered to the maintenance agreement.

22:00:17 We did this with the understanding that Cresc