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TAMPA CITY COUNCIL

Thursday, June 9, 2011

5:01 p.m. session

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17:04:33 >> CHAIR PRO TEM MULHERN: Tampa City Council evening

17:04:34 meeting of June 9th, 2011 is now open.

17:04:40 Please have roll call.

17:04:41 >>MIKE SUAREZ: Here.

17:04:49 >>YVONNE CAPIN: Here.

17:04:50 >>MARY MULHERN: Here.

17:04:53 >>MIKE COHEN: Here.

17:04:55 >>YVONNE CAPIN: Here.

17:04:55 >>MARY MULHERN: Item 1, I believe we will hear from

17:05:01 Ms. Coyle.

17:05:03 >> We need to open the public hearing.

17:05:04 >> Madam Chair, if we can have a motion, please, to

17:05:07 open item 1 and 2.

17:05:10 >>MIKE SUAREZ: Move to open item 1 and 2.

17:05:14 >>MARY MULHERN: All in favor?

17:05:15 Thank you.

17:05:16 Ms. Coyle.

17:05:18 >>CATHERINE COYLE: Zoning administrator for the city.

17:05:20 This item is part of the initiate amendment for

17:05:24 microbrewery using in a CG district.

17:05:28 Mr. Bentley is here to present this particular item.

17:05:30 It came before you in a workshop.

17:05:32 There have been no objections at any of the public

17:05:35 hearings. It went to the Planning Commission for a

17:05:37 recommendation and they did recommend approval of this

17:05:40 particular item and found consistent with the

17:05:42 comprehensive plan.

17:05:43 >>MARY MULHERN: Thank you.

17:05:48 Did you want to speak?

17:05:50 >>MARK BENTLEY: Good evening.

17:05:51 My name is Mark Bentley, Tampa.

17:05:56 I really don't need to speak.

17:05:58 I am just here in the event that council should have




17:06:00 any questions.

17:06:01 What Cathy mentioned is our unanimous recommendation

17:06:07 for approval.

17:06:08 >>MARY MULHERN: Do we have any questions from council?

17:06:13 Seeing none, is there anyone from the public who wishes

17:06:16 to speak on this item?

17:06:18 No.

17:06:19 Can I get a motion to close the public hearing?

17:06:23 >>YVONNE CAPIN: So moved.

17:06:23 >> Second.

17:06:25 >>MARY MULHERN: All in favor?

17:06:27 And Mrs. Montelione, would you read the ordinance?

17:06:39 >>LISA MONTELIONE: I move an ordinance of the city of

17:06:41 Tampa, Florida relating to college use in Ybor City

17:06:44 making revisions to -- number 2?

17:06:51 Sorry.

17:06:51 My apologies.

17:06:52 >> Are we on 1 or 2?

17:07:08 >> I think we are fine.

17:07:11 We had opened both public hearings.

17:07:13 But we are actually at that point --

17:07:18 >> On item 2.




17:07:19 >>MARY MULHERN: Just to be clear, let's -- can I have

17:07:22 another motion to close item 2?

17:07:25 >>MIKE SUAREZ: I move to close item 2 on the agenda.

17:07:29 >>MIKE COHEN: Second.

17:07:30 >>MARY MULHERN: Thank you.

17:07:30 >>MARTIN SHELBY: Mr. Bentley was here on item 2.

17:07:35 Okay.

17:07:37 And there's nobody here to speak on this item, so I

17:07:47 guess we are okay.

17:07:48 I just wanted to be clear.

17:07:49 >>MARY MULHERN: Yeah, okay.

17:07:52 >> We are going to move to close file -- do you want me

17:07:55 to read the file number?

17:07:57 >>MARY MULHERN: We just needed a second.

17:07:59 >> Second.

17:08:01 >>MARY MULHERN: All in favor?

17:08:04 Okay.

17:08:05 >>YVONNE CAPIN: So I'm reading item --

17:08:08 >>LISA MONTELIONE: I move an ordinance of the city of

17:08:11 Tampa, Florida relating to microbrewery use making

17:08:14 revisions to City of Tampa code of ordinances chapter

17:08:17 27 zoning amending 27-77, official schedule of district




17:08:22 regulations, amending section 27-545, definitions,

17:08:25 repealing all ordinances or parts of ordinances in

17:08:28 conflict therewith, providing for severability,

17:08:30 providing an effective date.

17:08:31 >> Second.

17:08:36 >>MARY MULHERN: Moved by Councilwoman Montelione,

17:08:38 seconded by Councilman Reddick.

17:08:41 Please vote and record.

17:08:45 Oh, first reading.

17:08:47 All in favor?

17:08:49 Anyone opposed?

17:08:52 >>THE CLERK: Motion carried with Miranda being absent.

17:08:54 Second reading and adoption will be on June 23rd at

17:08:57 9:30 a.m.

17:08:58 >>MARY MULHERN: Thank you.

17:08:59 And now we will move backward to item 1.

17:09:05 >>CATHERINE COYLE: I apologize.

17:09:09 I had the ordinances out and I wrote the numbers wrong.

17:09:11 Item number 1, which is my item number 2, college use

17:09:16 in Ybor City.

17:09:18 Again like the previous one it went to the Planning

17:09:20 Commission, they recommended unanimously for approval




17:09:23 consistent with the comprehensive plan there.

17:09:24 Have been no objections or comments from the public in

17:09:26 any of the public forums that we have had so far.

17:09:29 We have no objections to the request.

17:09:40 >>MORRIS MASSEY: Hill ward Henderson on behalf of

17:09:43 Hillsborough community college.

17:09:44 And like Mr. Bentley, I went to a workshop on this.

17:09:46 I think it's a very simple case, but if you all have

17:09:49 any questions I'm here to answer any that you might

17:09:52 have.

17:09:52 >>MARY MULHERN: Any questions from council?

17:09:57 I did have one question.

17:09:59 I believe I asked this at the workshop.

17:10:03 We had a workshop.

17:10:04 But just to be clear, this amendment, will it in any

17:10:15 way change the requirement that are part of the

17:10:23 historic district?

17:10:25 >> No, ma'am.

17:10:26 It's just adding permissible use in one of the zoning

17:10:29 districts in Ybor City.

17:10:30 >>MARY MULHERN: Thank you.

17:10:33 Is there anyone from the public who wishes to speak on




17:10:35 this?

17:10:38 Seeing no one, I will entertain a motion.

17:10:42 >>YVONNE CAPIN: So moved.

17:10:44 >> Second.

17:10:45 >>MARY MULHERN: All in favor?

17:10:48 Mr. Cohen, would you read it?

17:10:51 >>MIKE COHEN: I move an ordinance of the city of Tampa,

17:10:53 Florida relating to college use in Ybor City making

17:10:58 revisions to City of Tampa decode code of ordinances

17:11:02 chapter 27 zoning, amending section 27-177, official

17:11:05 schedule of district regulations, repealing all

17:11:08 ordinances or parts of ordinances in conflict

17:11:10 therewith, providing for severability, providing an

17:11:12 effective date.

17:11:12 >>MARY MULHERN: All in favor?

17:11:16 >> Second.

17:11:16 >>MARY MULHERN: Oh, I'm sorry.

17:11:18 Motion made by Councilman Cohen, seconded by Councilman

17:11:22 Reddick.

17:11:23 All in favor?

17:11:24 >>THE CLERK: Motion carried with Miranda being absent.

17:11:28 Second reading a and adoption will be on June 23rd




17:11:30 at 9:30 a.m.

17:11:32 >>MARY MULHERN: So our next item is a time certain for

17:11:43 5:30.

17:11:43 So we'll recess until 5:30.

17:11:46 - - -

17:25:47

17:26:26 (A recess was taken until the 5:30 p.m. session)

17:29:36 >>MARY MULHERN: Good evening and welcome to our 6:00

17:29:38 public hearing.

17:29:39 >> Actually it's 5:30.

17:29:43 >>MARY MULHERN: 5:30.

17:29:44 Very confusing being on time for everything today.

17:29:46 Our 5:30 public hearing.

17:29:48 May we have roll call, please.

17:29:50 >>MIKE SUAREZ: Here.

17:29:52 >>YVONNE CAPIN: Present.

17:29:53 >>FRANK REDDICK: Here.

17:29:54 >>MARY MULHERN: Here.

17:29:56 >>MIKE COHEN: Here.

17:29:56 >>LISA MONTELIONE: Here.

17:30:01 >>MARY MULHERN: Thank you.

17:30:01 We will go to item 3.




17:30:03 The public hearing on the community development block

17:30:05 grant, 37th entitlement.

17:30:13 >> Move to open.

17:30:16 >> Second.

17:30:17 >>MARY MULHERN: All in favor?

17:30:28 >> Hello again.

17:30:30 >> Dennis, for the CDBG program.

17:30:43 May I have the presentation?

17:30:45 The housing and community development program for

17:30:47 fiscal year 2012.

17:30:50 This is a public hearing.

17:30:51 It is the first public hearing for the action plan

17:30:54 associated with its funding and the second public

17:30:57 hearing for the needs and recommendations which I

17:30:59 believe council has in front of them.

17:31:01 A couple of purposes associated with this public

17:31:04 hearing, to provide information about the proposed

17:31:07 statement of housing and community development program

17:31:10 and action plan, user comments of citizens associated

17:31:14 with this plan, the needs and recommendations which you

17:31:17 all have before you, and provide the public an

17:31:20 opportunity to give input on their request.




17:31:26 I want to go over the calendar as it stands right now.

17:31:30 You can see the CDBG advisory committee met last week

17:31:36 on June 2nd.

17:31:37 Tonight is the public hearing on the statement of

17:31:39 community development objectives and the projected use

17:31:42 of various federal funds, including the community

17:31:45 development block grant, the home program, the housing

17:31:49 for people with aids program, and the emergency

17:31:52 services program.

17:31:55 The City Council -- we anticipate City Council approval

17:31:58 of the proposed final action plan to the housing and

17:32:03 urban development department on July 28th -- the

17:32:07 28th of this year, and submission of the fiscal

17:32:09 year 12 final action plan to the housing and community

17:32:13 development department, August 11th.

17:32:16 It must be sent to them no later than 45 days prior to

17:32:19 the beginning of the fiscal year.

17:32:21 And, of course, the fiscal year both for the city and

17:32:24 for this program begins October 1st.

17:32:32 Our anticipated entitlement funding for next year, you

17:32:35 can see the community development block grant at just

17:32:38 over $3.3 million, with public services funding cap of




17:32:46 15% or just over half a million dollars.

17:32:47 Program income and reprogram funds just over $400,000.

17:32:51 The home investment partnerships program at just under

17:32:55 $-- I'm sorry, just over 1.9 million.

17:33:01 The emergency shelter grants program of just over

17:33:03 $200,000.

17:33:04 And the housing opportunities for persons with aids at

17:33:08 just over $3.5 million for a combined total of just

17:33:12 over $9.5 million.

17:33:14 As we talk about some of these funding sources, the

17:33:18 community development block grant is a combination of

17:33:21 competitive requests for funding with the public

17:33:24 service agencies, and some assignments of funding.

17:33:28 All of the other funding sources are strictly

17:33:32 competitive.

17:33:39 The program uses, we appropriate and assign it.

17:33:42 You can see the housing program, primarily from the

17:33:44 community development block grant and the home program

17:33:47 at approximately $2.7 million.

17:33:50 The Tampa Housing Authority Perry Harvey park community

17:33:54 development block grant funding of $200,000.

17:33:58 Public services, again the competitive nonprofit




17:34:01 agencies requesting funding a little over half a

17:34:04 million dollars.

17:34:05 Capital improvement projects originating with community

17:34:09 development block grant at just under $200,000.

17:34:12 Also, the general administration of the community

17:34:16 development block grant and other federal funding at

17:34:20 just under $600,000.

17:34:22 Housing administration associated with these funding

17:34:25 sources and federal grants you see here, approximately

17:34:29 $1.2 million.

17:34:31 Emergency shelter services again $217,000,

17:34:36 approximately.

17:34:36 And the housing opportunities for persons with aids,

17:34:40 approximately $3.8 million.

17:34:43 And again you see your uses match your appropriations,

17:34:49 or our anticipated entitlements of $9.5 million.

17:34:54 In the CDBG public services arena, we have 34

17:34:58 applicants.

17:34:59 25 are awarded under this plan identified in your

17:35:05 handout.

17:35:05 In the house being programs, we had 16 community

17:35:06 development block grant applicants, six were awarded




17:35:10 including required Centro Ybor loan repayment.

17:35:20 The needs and recommendations -- pardon me, the initial

17:35:23 responses were mailed this month, earlier this month,

17:35:27 basically setting up this presentation for Mr. Frank

17:35:31 RODER, the chairman of our advisory committee, and

17:35:35 after Mr. Roder speaks we will offer you the

17:35:38 opportunity for the public to provide their comments.

17:35:42 Thank you.

17:35:43 Mr. Roder.

17:35:49 >> Good evening, members of council.

17:35:53 Do you have this handout?

17:35:55 If not, we have extras.

17:36:11 I live at 908 east Louisiana Avenue in Seminole

17:36:25 Heights.

17:36:26 I serve as city-wide development block grant citizens

17:36:29 advisory committee.

17:36:30 We changed the way we have been doing things in the

17:36:32 last couple of years.

17:36:34 We found out that it's easier to ask the department

17:36:36 heads what they wanted, instead of coming up with a

17:36:39 wish list of what they think they wanted, and what

17:36:41 happened before is we come to the educated guess of




17:36:44 what we thought what they wanted so we ask them up

17:36:49 front so it's more of a cohesive way of doing things.

17:36:52 We have several requests, city-wide requests, and we

17:36:55 are quite pleased with a lot of answers we got and

17:36:58 responses.

17:36:58 I would like to walk you through, and the first one

17:37:01 with the community outreach, something we call the

17:37:03 Sulphur Springs neighborhood promise initiative.

17:37:05 This is a grant proposal that was put together by

17:37:09 Shannon Edge from community relations, and we were

17:37:12 really excited about that.

17:37:14 In fact, these things are listed in the order of our

17:37:17 preference as a committee.

17:37:18 And this was number one.

17:37:20 One of the responses we got back were that they may not

17:37:24 be eligible for CDBG because it may not meet the

17:37:28 criteria, a benefit low and moderate income persons.

17:37:33 We feel that Sulphur Springs is definitely a

17:37:36 neighborhood with low and moderate income people and

17:37:38 would benefit them, and also help to eliminate slums in

17:37:42 blighted areas.

17:37:43 Again Sulphur Springs a neighborhood in rebound and we




17:37:46 feel if there's any way possible if we can get this

17:37:48 initiative going we would greatly appreciate it.

17:37:50 This is again the Sulphur Springs promise initiative.

17:37:54 Number 2 on our list is city-wide recycling campaign.

17:37:58 We are very pleased that the city is still progressing

17:38:00 to move forward on a city-wide recycling campaign.

17:38:04 In fact we have more information than we asked for.

17:38:06 We are very pleased to see that department of solid

17:38:10 waste is looking at ways to reduce green house

17:38:13 emissions.

17:38:14 In fact, looking at reduced greenhouse gases by 20%,

17:38:19 reduce CO2 emissions by 38%, reducing noise decibels.

17:38:25 We aren't even asking for that.

17:38:27 So it seems like we are getting more than we asked for.

17:38:30 The next thing, that seems to be going full tilt.

17:38:35 We are quite excited about that.

17:38:37 This is clean city and again neighborhood relations,

17:38:41 and those two are working together on that.

17:38:44 Jim Pickney has put together quite a proposal and we

17:38:47 are very supportive of all his efforts in that area.

17:38:51 Number 4, which is on page 6, is the city code

17:38:54 education outreach.




17:38:55 What we are proposing is an education campaign put out,

17:38:59 put forth by code enforcement to let people know

17:39:02 exactly how code enforcement works so people will know

17:39:05 if they are in violation and those kinds of things up

17:39:08 front.

17:39:08 It's kind of an education campaign.

17:39:10 And Jake Slater is quite excited about it and looking

17:39:14 forward to initiating this because this is a way of

17:39:17 helping everybody kind of know how code enforcement

17:39:20 works and hopefully reduce the amount of work they do,

17:39:23 so people know things in violation of code, then it

17:39:26 won't happen up front.

17:39:27 Number 5 was the Hillsborough County Revitalization,

17:39:32 beautification project.

17:39:33 That really didn't get the response we were hoping for.

17:39:35 Our concern is if you head east on Hillsborough Avenue

17:39:39 from the interstate all take way out to the city

17:39:43 limits, there is not one single bit of landscaping at

17:39:46 all on Hillsborough Avenue.

17:39:48 It's a very baren landscape, ugly, and we were hoping

17:39:52 for some form of beautification on Hillsborough Avenue.

17:39:55 We realize it's a state highway, and take city is kind




17:39:57 of limited in what they can do.

17:39:59 But if there's anything we can do to revitalize and to

17:40:02 beautify Hillsborough Avenue, we would be very

17:40:05 appreciative of that effort.

17:40:09 Number 6 is a liaison for the homeless for Tampa Police

17:40:12 Department.

17:40:15 When I talked to John Bennett, assistant chief of

17:40:19 police, he was excited and hopeful this program can

17:40:22 proceed.

17:40:22 We believe this is a proactive way of dealing with some

17:40:25 of the homeless situations, and having somebody with

17:40:28 TPD serve as a liaison with the homeless population

17:40:31 will definitely help alleviate some of the situations

17:40:33 with that.

17:40:34 Number 7, there were traffic calming, pedestrian

17:40:38 bicycle safety.

17:40:39 Again we seem to be ahead of the horse because we have

17:40:42 not known there was going to be such a major campaign

17:40:44 put on by the city, and we saw take need for it, and I

17:40:48 guess other people agreed with us, so we were very

17:40:50 pleased with the responses in that area

17:40:55 Number 8, neighborhood tree watch being proposed by




17:40:57 T.H.A.N.

17:40:59 We were very pleased that that seems to be able to go

17:41:01 forward, and we are supportive of those efforts.

17:41:07 Number 9, connecting neighborhoods to a group,

17:41:11 conversations.

17:41:11 This is an approach that we are looking at to get

17:41:14 communication between neighborhoods increased.

17:41:18 At this point it looks like we have to go probably to

17:41:20 an RFP process to do it.

17:41:23 At least this gives some direction whereof touch go,

17:41:26 and want to do, and we are pleased to see that Shannon

17:41:29 Edge willing to work with us once we have that proposal

17:41:32 in place so we are excited about that.

17:41:34 And take last thing we proposed was a joint training

17:41:36 for TPD officers, code enforcement officers and zoning

17:41:39 administrators, all on the same page, again kind of a

17:41:43 commonsense approach.

17:41:44 These are proposals for city-wide, and we are pretty

17:41:47 happy with the way things have turned out.

17:41:49 We hope council will take a look at it, and lend your

17:41:53 support particularly the one for Hillsborough Avenue

17:41:56 revitalization, because I saw some nods where people




17:41:59 kind of agreed that it is kind of a baren landscape and

17:42:04 kind of an entrance into the city, with the casino, a

17:42:07 lot of people driving back and forth on Hillsborough

17:42:10 Avenue, and would like to make Hillsborough Avenue a

17:42:13 little more inviting to our residents and our citizens.

17:42:15 At this time I am going to turn it over to anybody in

17:42:17 the audience who may be on CDBG advisory committee

17:42:20 about any of their neighborhood requests.

17:42:22 I'm not sure if anybody will be speaking but I'll turn

17:42:25 it over to them.

17:42:31 Anybody?

17:42:32 Okay.

17:42:32 Well, I present for southeast Seminole Heights on page

17:42:35 50, we have a building to be replaced, the Kaplan

17:42:43 Malone center in southeast Seminole Heights.

17:42:45 When southeast Seminole Heights worked with initiatives

17:42:48 to redesign Giddons Park, they told us about a plot of

17:42:53 land that we put aside for a new neighborhood civic

17:42:56 association.

17:42:56 Our building is used just by the civic association but

17:43:00 it's also used by city recreation department as well.

17:43:02 In fact, the present facility, the Kaplan Malone center




17:43:07 is very small, can only serve maybe 20, 25 kids max,

17:43:10 and we have more than that number of kids every day who

17:43:13 want to use the facility.

17:43:14 We weren't happy we've the responsibilities.

17:43:15 Basically, we were told there are several places close

17:43:20 by that we could use for meetings for our civic

17:43:22 association.

17:43:22 However that wasn't take main thing.

17:43:24 We were concerned about the needs of our kids and our

17:43:27 neighborhood, and to tell us to drive a mile to the

17:43:32 Seminole Heights garden center, that it's not that far

17:43:35 away or take a mile and a half to go to the Reagan

17:43:38 park, that's fine.

17:43:39 But to expect kids on bicycles or kids walking to gob

17:43:41 that far out of the neighborhood to have basic things

17:43:45 that they should be allowed in our neighborhood doesn't

17:43:47 seem fair.

17:43:48 So please consider replacing the Kaplan Malone center

17:43:54 because it's needed in Seminole Heights.

17:43:56 With that, I guess the public hearing is over.

17:43:58 >>MARY MULHERN: What page is that on?

17:44:00 >> It's on 49 and 50.




17:44:02 The actual quarterback is on 49 and the response on

17:44:05 page 50.

17:44:05 >>MARY MULHERN: Number 76, the number of it?

17:44:09 >> Yes, ma'am.

17:44:11 We do have somebody to come up.

17:44:12 >>MARY MULHERN: If anyone would like to speak for your

17:44:15 neighborhood or any of these requests, please be ready

17:44:18 to come up.

17:44:21 >> I'm Wes Widenberg from North Hyde Park.

17:44:26 The president of our group is not here but I speak for

17:44:28 our community.

17:44:29 We would appreciate it if we had more police officers

17:44:34 enforcing the drugs and the prostitution in our area,

17:44:41 and particularly the alleys late at night, in

17:44:44 particular the bicycle traffic late at night.

17:44:46 We do call regularly.

17:44:49 As you know, we are the Venetian blind crowd.

17:44:52 We look.

17:44:52 We describe.

17:44:54 We do not let them see us.

17:44:56 But in the warm weather we do have our windows open, we

17:44:59 can hear voices, we can hear drug transactions in the




17:45:03 alleys, and unfortunately by the time you call the

17:45:09 non-emergency number these people scatter.

17:45:11 But I would ask that more of the police department is

17:45:15 directed to more Hyde Park area.

17:45:19 That's between 275 and Kennedy.

17:45:21 That's between Armenia and Rome.

17:45:26 In particular, late at night, we have -- obviously it's

17:45:33 known to the police on north "B" street at 1916.

17:45:37 It's a low-income.

17:45:39 They are operate had gone at all hours of the night.

17:45:42 And since I am one of the block captains there, one of

17:45:46 the directors of our group, I particularly am aware of

17:45:49 the neighbors complaining constantly of that area.

17:45:54 That's 1916 north "B" street.

17:45:58 When I call take non-emergency number, and I just --

17:46:03 oh, I know where that is, we are familiar with that

17:46:06 house.

17:46:07 Enough is enough.

17:46:08 You can't have people on the streets complaining, they

17:46:12 come to the civic association, we come to you.

17:46:17 We ask the police to particularly -- don't want to seem

17:46:24 greedy, but what you do in the other communities,




17:46:26 that's their problem.

17:46:27 I'm concerned with our neighborhood.

17:46:28 I'm concerned with women with their little purses,

17:46:34 flip-flop shoes, I'm concerned about the gunshots

17:46:38 during the night, I'm concerned about men on bicycles

17:46:42 from dark to early in the morning.

17:46:46 That's all I have to say.

17:46:47 Thank you very much.

17:46:48 And I know you are limited but we would like to see

17:46:52 more enforcement of the drugs, the prostitution in our

17:46:56 area.

17:46:57 Thank you very much.

17:47:08 >> Good evening Tampa City Council.

17:47:09 My name is Shannon Edge, your neighborhood and

17:47:11 community relations office for the City of Tampa.

17:47:13 I want to thank Frank, our chair, who has done an

17:47:17 outstanding job for many years.

17:47:19 He's absolutely correct, we have really changed

17:47:21 everything and our awesome budget team who helps us

17:47:29 since we presented back in March, Councilman Montelione

17:47:35 and Suarez were able to attend the elementary school.

17:47:41 I know all of you were invited but not able to attend.




17:47:44 I know it's in your packet but I really wanted to drive

17:47:46 home what's going on in sulfur springs.

17:47:49 We have been working on this neighborhood, the promise

17:47:51 initiative, since 2009.

17:47:53 We have many community partners which are listed.

17:47:56 The Y is the lead agency, and I'm wearing my hat

17:47:59 tonight as a city employee, very passionate about

17:48:02 neighborhoods, but also the YMCA board meeting and

17:48:06 steering committee member for promise initiative.

17:48:08 This is a replication.

17:48:10 Jeffrey Cannon school project, parents from infancy all

17:48:16 take way to getting them to college, called the

17:48:19 pipeline of success.

17:48:20 And what we are seeking is to do events in the fall for

17:48:23 the community to both engage them -- and this is a very

17:48:28 challenged neighborhood.

17:48:29 Sulphur Springs has take most amount of kids, the

17:48:31 medium income is 10,552 at the last time I checked.

17:48:36 So there is a need.

17:48:37 And it has a lot of high turnover, and assistant Chief

17:48:42 Bennett and I were talking about how we can work on

17:48:45 this because some of the funding needs to go for




17:48:47 Sulphur Springs, to instill pride and let them know all

17:48:51 the agencies that want to help them at all ages from

17:48:55 young to the seniors, as well as introduce the outside

17:48:57 community to Sulphur Springs, because many people --

17:49:00 when you mention Sulphur Springs all they hear is a

17:49:03 water tower.

17:49:03 They say it's a scary place to government it's not.

17:49:06 It's a beautiful place, with beautiful people, and that

17:49:09 is just the beginning.

17:49:10 And I hope to invite you to an event still in the fall

17:49:14 for Sulphur Springs.

17:49:15 And with it being the Y we are going to have a kickoff

17:49:19 so hopefully you will be there and join us, and

17:49:21 anything else going on in Sulphur Springs with the

17:49:23 neighborhood of promise initiative.

17:49:25 So thank you for your time.

17:49:33 >> John Bennett, City of Tampa assistant chief.

17:49:36 Just want to comment on a couple things that are inside

17:49:39 the proposal.

17:49:41 And also quality of life.

17:49:43 You heard the proposal for the homeless liaison

17:49:46 officer.




17:49:49 It is extremely valuable at this point.

17:49:52 Again, our quality of life -- and I will just give you

17:49:54 a statistic to thank few over the past three years we

17:49:57 have ranged in every one arrest out of every 14 to 17

17:50:01 arrests we make, and I won't say they are homeless, I

17:50:04 will just say they don't have an address associated

17:50:06 with that arrest, and we think there's a lot more

17:50:09 solutions out there other than just the arrest side of

17:50:11 the equation, and we think if we had a liaison officer

17:50:14 to work directly with the social service community to

17:50:16 engage the homeless, and come up with real solutions

17:50:19 that we can have a holistic portion going on in the

17:50:23 community instead of just dealing with quality of life

17:50:26 issues in a criminal fashion.

17:50:29 Secondly, that dovetails into what the gentleman was

17:50:33 talking about earlier.

17:50:34 Most of ours things center around quality of life at

17:50:36 that point.

17:50:37 You know, crime is down 61% at the end of 2010, through

17:50:41 the support of council, the administration, and the

17:50:43 community.

17:50:44 We know we don't do that alone.




17:50:46 It's with partnerships.

17:50:47 And we have a lot of work to do in quality of life

17:50:50 areas, because that's kind of the next wave of making

17:50:52 everybody feel comfortable in their particular

17:50:55 neighborhood.

17:50:56 And then finally, to Ms. Edge's point, I was the major

17:50:59 of district 2 or Sulphur Springs was, and we actually

17:51:02 were going to have a party in the park when we created

17:51:06 a strategy in 2009, and we held off until that strategy

17:51:10 was successful, and it was kind of an exclamation point

17:51:15 to almost a 60% crime reduction in the core area of

17:51:18 Sulphur Springs, south of Busch and way call north

17:51:22 Sulphur Springs north of bush, and it was an excellent

17:51:25 exclamation point, not only that.

17:51:27 The school went from an F school to a B-plus school in

17:51:30 nine months, and that was all part of the whole package

17:51:33 of crime reduction.

17:51:34 Everybody investing.

17:51:35 And then that party was the culmination point.

17:51:38 So they have a valuable part of the community.

17:51:41 Thank you.

17:51:58 >>MARY MULHERN: Any questions from council of anyone?




17:52:01 >>FRANK REDDICK: I don't have a question but I have a

17:52:06 comment if that's in order.

17:52:08 >>MARY MULHERN: It certainly is.

17:52:10 >>FRANK REDDICK: Ms. Chairman -- state your name

17:52:16 again?

17:52:16 >> My name is Frank Roder.

17:52:20 >> And you are the chairman?

17:52:21 >> Yes.

17:52:21 >> I sympathize with some of the comments you made as

17:52:26 well as some of the comments that the other gentleman

17:52:29 made, because in my neighborhood, we have been

17:52:35 requesting for over two, three years about a swimming

17:52:42 pool that they tell me three years ago they were

17:52:48 filthy.

17:52:49 We have over 200 kids in the summer cannot utilize the

17:52:52 swimming pool.

17:52:57 Same at Whiting, same problem.

17:53:00 But keep hearing the same lame excuses from parks and

17:53:04 recreation pertaining to this issue.

17:53:06 So I sympathize with what you are going through.

17:53:11 And as I read this report, I get more frustrated,

17:53:16 because they are using some of the same lame excuses.




17:53:21 But these kids have nowhere to go this summer, and you

17:53:27 have got a pool sitting there that's beautiful, and

17:53:31 they can't find a way to repair it.

17:53:36 So I just wanted to say that, because I understand the

17:53:39 frustration.

17:53:41 And Gwen Miller, when she was sitting here, was

17:53:46 complaining about that.

17:53:47 Tom Scott complained about it.

17:53:50 Now Frank Reddick complains about it.

17:53:53 So I understand.

17:53:55 And I just want it on record.

17:53:57 >> Well, thank you.

17:53:59 We actually have an interactive fountain in Giddens

17:54:03 park, not quite a swimming pool but it allows our kids

17:54:05 to go play in a little bit of water.

17:54:07 So we do have that.

17:54:09 Thank you.

17:54:09 >>MARY MULHERN: Any other questions or comments from

17:54:12 council?

17:54:16 Frank, I did have a couple of questions.

17:54:23 You said that -- I know because you have been doing

17:54:26 this since I have been here, so this is what at least




17:54:29 your fifth year.

17:54:33 Normally, you meet with a group from the community and

17:54:36 come up with these ideas.

17:54:37 But you said this year you actually asked staff to tell

17:54:40 you?

17:54:43 >> Kind of.

17:54:43 We kind of brainstormed what we thought as a committee.

17:54:46 And then when I got what they said I went ahead and

17:54:50 called Jim Pickney, Jim Slater, and said what do you

17:54:55 think of this idea, what should we do with it?

17:54:57 And then we got their input and puts that into the

17:55:00 request.

17:55:00 And then we come back as a group and we did that back

17:55:04 in January, and I put together a presentation, after

17:55:09 talking to all these people, and then the committee

17:55:11 again agreed it with, and then we prioritized our list.

17:55:14 >> So this list is by priority, one through --

17:55:20 >> One through ten, yes.

17:55:21 >> I have a question, I guess, because I just got to

17:55:27 see this tonight.

17:55:28 So I have been able to -- haven't been able too read

17:55:31 very far but I was reading through number one, the




17:55:35 community outreach.

17:55:42 I don't know why that would be a number one priority.

17:55:47 And also --

17:55:50 >> We thought it had the greatest impact on the

17:55:54 greatest number of people, particularly low income and

17:55:57 neighborhood of kneads need.

17:55:59 >> But what's being asked for is $20,000 to organ

17:56:02 event?

17:56:04 Is that right?

17:56:04 >> Correct.

17:56:06 However, if you look at the people that are included in

17:56:07 the event, it got quite an outreach, it's got head

17:56:11 start, the children's board, the school system, United

17:56:15 Way, community foundation, several banks, the Boys and

17:56:21 Girls Clubs, big brothers, big sisters and child abuse

17:56:25 council.

17:56:25 We brought everybody together.

17:56:26 >> So are they kind of like -- I mean, when you are

17:56:29 talking about head start, the children's board, and the

17:56:33 school system, are they co-applicants for this federal

17:56:36 money?

17:56:39 Or the city is asking for --




17:56:41 >> Shannon is actually the expert on grants.

17:56:47 >> Shannon Edge, community relations City of Tampa.

17:56:50 All those agencies are part of the YMCA's agency for

17:56:55 this neighborhood of promise initiative for Sulphur

17:56:57 Springs.

17:56:58 I'm the lead as the city to organize, and I'm glad

17:57:02 assistant Chief Bennett mentioned the party in the

17:57:04 park, because that's what we are replicating.

17:57:07 Party in the park stands for police and resident

17:57:10 teaching youth.

17:57:12 So I'm teaching so that I can hold this big event on

17:57:14 behalf of Sulphur Springs.

17:57:16 However, all these agencies would be there, and the

17:57:19 point is, is to build momentum and create awareness of

17:57:22 Sulphur Springs.

17:57:23 Right now, a lot of our outside agencies and

17:57:27 corporations and companies are not aware of the needs

17:57:30 in Sulphur Springs.

17:57:32 However, right now, with the Sulphur Springs

17:57:33 neighborhood, promise initiative, all these agencies

17:57:36 are currently at the table.

17:57:37 I don't know if you know the wonderful Liz Kennedy.




17:57:41 She is the one that brought us all together.

17:57:43 So head start, we are looking at doing a health

17:57:45 component.

17:57:46 It's also in the packet.

17:57:47 They pursued the President Obama's neighborhood of

17:57:51 promise grant, and we were 1/15th of a point from

17:57:56 getting it out of 152 recipients.

17:57:59 >>MARY MULHERN: Is that part of your plan that you try

17:58:01 to apply for that again and that would help you?

17:58:04 >> Yes.

17:58:04 And we are applying for it again and the Y is the lead

17:58:08 agency.

17:58:09 They are applying for that grant again.

17:58:10 But for the sake of this event none of these agencies

17:58:12 are going to be recipients of the CDBG funds so that we

17:58:16 can hold an event, and when I mentioned Chief Bennett,

17:58:22 when I met for special events, that's the money needed

17:58:26 for some of the road closures and costs because we

17:58:28 wanted it to be a tour of the neighborhood so we can --

17:58:32 >>MARY MULHERN: Okay, okay.

17:58:33 >> So it's specifically for me in a City of Tampa hat

17:58:37 to host a very large significant event that in the past




17:58:40 we did have those funds to do event, and my budget has

17:58:43 changed.

17:58:43 >>MARY MULHERN: Okay.

17:58:45 Okay, thank you.

17:58:46 Neighborhood of promise initiative is another program

17:58:52 that's a federal program?

17:58:54 >> Yes.

17:58:55 Neighborhood promise, President Obama started the

17:58:59 neighborhood of promise federal grant which we applied

17:59:01 for, missed it by skin, and take missing component was

17:59:04 the health care which we now have thanks to Charley

17:59:09 bottoms and others.

17:59:11 I will be available to answer any questions.

17:59:14 >>YVONNE CAPIN: On that same vein, when we look at

17:59:16 Seminole Heights, and, you know, we look at

17:59:18 different -- I'm old enough to remember when Hyde Park

17:59:23 was becoming a slum.

17:59:25 I remember when you could not sell a house on Davis

17:59:29 island because the water was so polluted, and the dust

17:59:33 from the cement factory.

17:59:35 All of those things.

17:59:37 Because of public and private moneys, they turned




17:59:42 around.

17:59:43 This is one of the areas that we have, you know,

17:59:48 neighborhoods to be able to infuse a little bit of

17:59:52 public moneys to turn, and see the that has already

17:59:57 taken place with very little.

18:00:00 So I can understand this being worked out.

18:00:05 >> Thank you.

18:00:06 And I don't know if you are aware of the house being

18:00:08 built thanks to CDBG funds last year, they provided two

18:00:12 plots of land, and Lala's house is similar to baby

18:00:17 bungalow, and it is there literally in the process.

18:00:20 They haven't broken ground yet but we had a ground

18:00:23 blessing.

18:00:23 It is moving forward and it is because of bringing the

18:00:25 outside into Sulphur Springs, and we are trying to

18:00:29 build on that momentum and really, really help Sulphur

18:00:31 Springs and get a better reputation, than unfortunately

18:00:36 it has right now.

18:00:37 So thank you for recognizing that.

18:00:38 >> Thank you.

18:00:46 I was privileged to have a little bit of a hand in

18:00:50 working on the neighborhoods of promise grant team, and




18:00:55 just very, very little interaction.

18:01:02 I don't want to say I worked on it that close.

18:01:09 But you are doing great work out there.

18:01:12 The only reservation I have is that $20,000 is a lot of

18:01:19 money.

18:01:20 And there's so many needs in Sulphur Springs that

18:01:25 spending $20,000 on an event, for me, I would rather

18:01:32 see the event scaled back and use $10,000 to improve

18:01:37 street lights, to supplement police officers in the

18:01:41 neighborhood -- not community officers or help with

18:01:47 code enforcement to clean up.

18:01:49 I love Sulphur Springs.

18:01:51 And I want that, you know, neighborhood to prosper so

18:01:56 bad I can taste it.

18:01:57 But I think $20,000 on an event is a lot of money.

18:02:04 And I worry about what people might say about us

18:02:08 spending that kind of money on a big event.

18:02:12 So have the event, but direct some of the money to

18:02:20 neighborhood improvement.

18:02:21 >> And that's what assistant Chief Bennett and I were

18:02:24 talking about because I met with his team at TPD about

18:02:27 road closures.




18:02:27 And maybe I could get some corporate sponsorship, which

18:02:30 has been very difficult to get these past couple of

18:02:32 years.

18:02:33 In the beginning it was easier but not so much anymore.

18:02:35 >> This is our first presentation of these proposed

18:02:39 allocations, right?

18:02:42 So we have time to give input, for citizens to talk.

18:02:46 But we need to move on because we now have a full room

18:02:51 here.

18:02:51 So we have got a lot to get through tonight.

18:02:53 Thank you very much.

18:02:56 Councilman Suarez.

18:02:57 >>MIKE SUAREZ: Just one comment.

18:02:59 And this goes back to what Ms. Montelione was saying a

18:03:02 moment ago.

18:03:03 Maybe if you have got AP detailed budget as to what

18:03:06 those costs are in terms of the trying to put something

18:03:08 on line that, it might help explain why it's $20,000.

18:03:11 I think that's kind of a big number, and we really

18:03:14 don't know wherein what that's going towards for the

18:03:16 most part other than street closings and some other

18:03:19 things.




18:03:20 Maybe a more detailed budget so we know what's

18:03:21 happening it with.

18:03:22 >> Absolutely, Councilman Suarez.

18:03:25 Thank you.

18:03:26 >> And a want to say something on this subject in

18:03:28 response to Councilman Reddick who brought up very

18:03:33 timely needs that apparently hasn't been answered about

18:03:36 the pool.

18:03:39 And we will have a regular meeting next Thursday.

18:03:42 And it's parks and recreation chair, I am going to

18:03:45 bring up the situation with the pools, and which pools

18:03:47 are going to be open in the summer.

18:03:49 But I just wanted to suggest that if we can't find a

18:03:52 way to, I believe they said drain that pool, this CDBG

18:04:00 money, I think that would be good use and looks like

18:04:03 there's certainly time to put in a request for

18:04:08 community development block grant money for that.

18:04:10 I don't know.

18:04:11 I have no idea what the cost of it is.

18:04:14 Thanks for bringing that up.

18:04:16 Thank you very much.

18:04:16 >>MARTIN SHELBY: If we can have a motion to close the




18:04:19 public hearing.

18:04:20 >> Motion to close.

18:04:21 >> Second.

18:04:21 >>MARY MULHERN: All in favor?

18:04:23 We'll move on to our 6:00 agenda items.

18:04:27 >>MARTIN SHELBY: Madam Chair.

18:04:32 >>MARY MULHERN: I hope.

18:04:33 Is that right?

18:04:33 >>MARTIN SHELBY: Yes.

18:04:34 Item 4 and 5 are quasi-judicial.

18:04:37 They are here for second reading and public adoption

18:04:41 public adoption hearings.

18:04:43 >>MARY MULHERN: We are still in session if could you

18:04:44 please keep it down.

18:04:47 We are in session.

18:04:49 Sorry, Mr. Shelby.

18:04:50 >>MARTIN SHELBY: Thank you.

18:04:52 If I can, with regard to tonight's hearings, all take

18:04:57 hearings, I suspect after we do 4 and 5, land

18:05:00 development coming in to clean up the agenda, certain

18:05:04 items have to be removed from the 6:00 agenda.

18:05:06 But with regard to 4 and 5 and the rest of the items,




18:05:10 the witnesses will need to be sworn, and I would ask

18:05:12 that all written documents which have been available

18:05:16 for public inspection in City Council's office be

18:05:19 received and filed by motion at this time.

18:05:20 >>MARY MULHERN: Okay.

18:05:23 >> So moved.

18:05:25 >> Second.

18:05:25 >>MARY MULHERN: All in favor?

18:05:29 Aye.

18:05:29 >>MARTIN SHELBY: If you would like to swear in the

18:05:32 witnesses for 4 and 5, we can have a motion to open the

18:05:34 public hearing on that.

18:05:35 >>MARY MULHERN: It looks like people are still kind of

18:05:37 wandering in.

18:05:41 Let's wait a minute so we can swear everyone in at

18:05:44 once.

18:05:48 Okay.

18:06:09 Please swear in the witnesses.

18:06:10 >> If you are going to be speaking tonight on any of

18:06:13 the public hearings that are on the agenda.

18:06:18 Mr. Clerk?

18:06:20 >>THE CLERK: Stand and raise your right hand, please.




18:06:23 Do you swear or affirm to tell the truth, the whole

18:06:25 truth and nothing but the truth?

18:06:27 Thank you.

18:06:27 >>MARY MULHERN: Thank you.

18:06:30 >> Can you make sure that that young lady what A was

18:06:33 just wheeling in something, she did not get sworn, if

18:06:36 you can just ask.

18:06:37 >>MARY MULHERN: I think we will wait.

18:06:40 When we open the first item we'll make sure everyone is

18:06:42 sworn in.

18:06:42 >>MARTIN SHELBY: You can open if you wish items 4 and

18:06:46 5.

18:06:46 >> Move to open 4 and 5, Madam Chair.

18:06:51 >> Second.

18:06:51 >>MARY MULHERN: All in favor?

18:06:55 Ms. Feeley, I see you rushing a round.

18:06:58 Are you going to give us --

18:07:10 >>ABBYE FEELEY: Land Development Coordination.

18:07:14 On the agenda that I am giving you, I believe

18:07:16 everything that's on here that is not misnoticed, which

18:07:22 is 7, 8, 9, 11, 12, 15, 16 and 17, are all ready to

18:07:34 move forward this evening.




18:07:36 The ones that are misnoticed can't be opened or heard

18:07:38 so I will reset those with the clerk once the fees have

18:07:43 been paid.

18:07:44 >>MARY MULHERN: I'm sorry, we were passing out these

18:07:46 things.

18:07:46 Could you repeat the numbers?

18:07:48 And these are the ones that can be opened?

18:07:51 >> These cases are moving forward tonight and I have

18:07:53 nothing else to amend so they are ready to go.

18:07:56 7, 8, 9, 11, 12, 15, 16 and 17.

18:08:06 And that is based on the clerk's final agenda.

18:08:08 >>MARY MULHERN: So all of the rest of the items on the

18:08:15 agenda cannot be heard?

18:08:16 >> Right.

18:08:17 The ones that did not perfect notice that cannot be

18:08:19 heard this evening are 6, V-11-140, 10, Z-11-18, 13,

18:08:33 Z-11-20, and 14, Z-11-23.

18:08:37 >>MARTIN SHELBY: If we could have a motion to remove

18:08:40 those from the agenda.

18:08:41 >> So moved.

18:08:42 >> Second.

18:08:42 >>MARY MULHERN: All in favor?




18:08:45 So we have removed 6, 10, 13, 14, so anyone who is

18:08:54 here, I hope you heard.

18:08:56 I am going to say it again.

18:08:57 There's so many people here.

18:08:58 The items that have been removed from the agenda

18:09:01 because they cannot be heard are items number 6, 10, 13

18:09:09 and 14.

18:09:15 We will start with item 7.

18:09:18 >>JULIA COLE: Legal department.

18:09:21 You still do have items 4 and 5 which are second

18:09:23 readings.

18:09:24 One is substitute ordinance per motion of council.

18:09:28 That's item number 4.

18:09:29 And then you can go ahead and read on second reading

18:09:32 item number 5.

18:09:33 >>MARY MULHERN: I believe we have already opened

18:09:40 these.

18:09:41 Is that right?

18:09:42 >>MARTIN SHELBY: Yes.

18:09:42 With regard to item 4 you have been presented with a

18:09:44 substitute ordinance.

18:09:45 I would ask that council accept that substitution by




18:09:47 motion, please.

18:09:48 >> So moved.

18:09:51 >> Second.

18:09:51 >>MARY MULHERN: All in favor?

18:09:53 >>MARTIN SHELBY: Thank you.

18:09:54 >>MARY MULHERN: Item 4.

18:09:56 >>MARTIN SHELBY: Just so council -- so you are not

18:10:12 confused, I believe what's being passed out is item 7.

18:10:16 69.

18:10:16 >>MARY MULHERN: We are getting ahead of ourselves.

18:10:19 Okay.

18:10:20 I would like to ask Councilman Suarez, we'll start over

18:10:23 here, if you could read item number 4.

18:10:30 Do we need the substitute?

18:10:33 >>MARTIN SHELBY: You have the substitute.

18:10:34 The substitute is on the agenda as written.

18:10:36 Is that correct, Mr. Clerk?

18:10:38 At this time, I would ask if you wish to inquire of

18:10:41 petitioner or anybody else who would like to speak to

18:10:43 this item.

18:10:44 >>MARY MULHERN: Is there anyone who wishes to speak to

18:10:46 this item, item number 4?




18:10:50 Does the petitioner wish to speak?

18:10:53 >> Ron Weaver, 401 east Jackson street, the attorneys

18:10:58 for the applicant for the 350 apartments with the

18:11:02 construction we have discussed the last few weeks and

18:11:04 that would be an affectation of the apartments in the

18:11:06 Channelside and the park on the north part for the

18:11:09 vacation of 11th street and these are affection

18:11:13 items 4 and 5.

18:11:14 >>MARY MULHERN: Anyone in the public to speak on item

18:11:21 4?

18:11:22 >>MARTIN SHELBY: I see none.

18:11:22 >>MARY MULHERN: I see none.

18:11:25 Can I get a motion to close this public hearing on 4?

18:11:30 All in favor?

18:11:33 Mr. Suarez, could you read that?

18:11:36 >> Move to adopt an ordinance on second reading, an

18:11:39 ordinance vapor indicating closing discontinuing

18:11:41 abandoning a certain right-of-way, a portion of

18:11:43 11th street lying south of Whiting Street, north of

18:11:46 Cumberland Avenue, east of Meridian and west of 12th

18:11:49 Street, in interstate investment company's platinum 4,

18:11:54 subdivision, a subdivision in the City of Tampa, the




18:11:57 same being more fully described in section 2 hereof

18:11:59 subject to the reservation of certain easements as set

18:12:02 forth herein subject to certain covenants, conditions

18:12:04 and restrictions as more particularly described herein,

18:12:07 providing an effective date.

18:12:08 >> Second.

18:12:10 >>MARY MULHERN: All in favor?

18:12:17 I'm sorry.

18:12:18 Please vote and record.

18:12:33 >>THE CLERK: Motion carried.

18:12:34 >>MARY MULHERN: We are going to have to revote because

18:12:36 I voted on -- at least I will have to because I am

18:12:39 sitting in Councilman Miranda's seat.

18:12:43 Pushed the wrong button.

18:12:44 So that was a motion made by Councilman Suarez.

18:12:48 Seconded by Councilwoman Capin.

18:12:52 >> Motion carried unanimously with Miranda being

18:12:55 absent.

18:12:55 >>MARY MULHERN: Thank you.

18:12:58 We move to item number 5.

18:13:01 I believe petitioner has already spoken.

18:13:04 Is there anyone in the audience who would wish to speak




18:13:06 on item 5?

18:13:07 I see no one.

18:13:10 Motion to close?

18:13:11 >>FRANK REDDICK: So moved.

18:13:12 >> Second.

18:13:13 >>MARY MULHERN: All in favor?

18:13:15 Aye.

18:13:16 And Councilwoman Capin, would you read that item number

18:13:21 5 ordinance?

18:13:23 >>YVONNE CAPIN: Ordinance being presented for second

18:13:25 reading and adoption, an ordinance of the city of

18:13:27 Tampa, Florida rescinding and repealing ordinance

18:13:30 number 2008-160 which vacated, closed, discontinued,

18:13:35 and abandoned a certain right-of-way, a portion of

18:13:38 11th street lying south of Whiting Street, north of

18:13:41 cumber land Avenue, west of Channelside drive, east of

18:13:45 Meridian Avenue, in interstate investment company's

18:13:49 platinum 4, a subdivision located in the City of Tampa,

18:13:53 Hillsborough County, Florida, subject to certain

18:13:55 covenants, conditions and restrictions, providing for

18:13:59 repeal of all ordinances in conflict, providing for

18:14:03 severability, providing an effective date.




18:14:04 >>FRANK REDDICK: Second.

18:14:07 >>MARY MULHERN: Motion made by Councilwoman Capin,

18:14:10 seconded by Councilman Reddick.

18:14:12 Please vote and record.

18:14:22 >>THE CLERK: Motion carried unanimously with Miranda

18:14:24 being absent.

18:14:24 >>MARY MULHERN: Thank you.

18:14:37 Number 6 cannot be heard.

18:14:39 We will move on to item number 7.

18:14:40 >>MARTIN SHELBY: If we can have a motion to open the

18:14:50 rest of the public hearings on the agenda for tonight.

18:14:54 >> I move we open the rest of the public hearings on

18:14:56 the agenda.

18:14:56 >> Second.

18:14:57 >>MARY MULHERN: All in favor?

18:15:01 >>ABBYE FEELEY: Item number -- Land Development

18:15:05 Coordination.

18:15:06 Item 7 on your agenda this evening is a special use,

18:15:09 V-11-173, located at 3001 west Dr. Martin Luther King

18:15:17 Jr. Boulevard, this is the hospital, for an existing

18:15:20 heliport that is on the property.

18:15:25 They are moving the heliport just about 300 feet from




18:15:28 where it is.

18:15:31 This heliport is old.

18:15:32 It's been there a long time.

18:15:34 Because moving the location, it does require a flu

18:15:39 special use.

18:15:39 And I will defer to Mr. Garcia, and then come back and

18:15:43 fill you in on a couple of the details.

18:15:51 >>TONY GARCIA: Planning Commission staff.

18:15:52 I have been sworn N.very briefly just a couple of

18:15:54 things.

18:15:55 St. Josephs hospital is located in your central

18:15:57 planning district on your vision map and your

18:15:59 comprehensive plan, which offers the most opportunity

18:16:01 for redevelopment and job creation.

18:16:04 The second point as far as land use categories are

18:16:07 concerned, it is the land use category is major public

18:16:13 semi-public, which is allowed for certain uses such as

18:16:18 this, major hospital, major regional center such as

18:16:23 this.

18:16:23 It's over 23, and as Ms. Feeley stated to you is really

18:16:31 for the heliport helistop.

18:16:35 It does contribute to the overall general health and




18:16:37 welfare of the citizens for the City of Tampa.

18:16:39 Thank you.

18:16:40 >>ABBYE FEELEY: Land development.

18:16:54 3001 Dr. Martin Luther King, the request is for a

18:16:57 heliport at St. Josephs hospital.

18:17:01 You will see on page 3 of the staff report the criteria

18:17:06 for heliport, and the first criteria is it should be

18:17:09 located on the roof of a building which is minimum of

18:17:11 69 feet in height.

18:17:12 There is one waiver associated with the request this

18:17:14 evening, and that is that the heliport be located on

18:17:16 the ground.

18:17:17 Let me go ahead and show you.

18:17:24 This is the zoning atlas sheet.

18:17:26 The large zoning lot here, predominantly from here east

18:17:31 is St. Josephs hospital.

18:17:33 This is Martin Luther King to the south, Highwood

18:17:38 office center here to the west, this is an aerial of

18:17:42 the property.

18:17:43 I did highlight the proposed heliport stop in green.

18:17:47 The current heliport stop is up here to the northeast

18:17:52 of the proposed location.




18:18:03 Here is a picture of the proposed location.

18:18:06 Here is a picture of the existing location.

18:18:11 Here is a picture of the Highwoods property across.

18:18:15 This is a picture from high woods looking to the new

18:18:20 location to the heliport.

18:18:23 This is looking to the heliport area back toward

18:18:26 Highwood.

18:18:28 And then as you know the Tampa Bay Buccaneers training

18:18:31 center is just to the south of this location.

18:18:36 Staff did review the special use request.

18:18:39 There are no issues.

18:18:40 There is one modification that would need to be

18:18:43 required in relation to the tree table.

18:18:47 And I did provide a revision sheet to that.

18:18:49 There were just some calculations that were off on

18:18:52 that.

18:18:52 So staff did find the request consistent.

18:18:54 We are available for any questions.

18:18:55 >>MARY MULHERN: I had one question.

18:19:01 So, our code now says that heliports need to be on

18:19:07 roofs?

18:19:08 But this one was not on a roof?




18:19:11 >> It's not on the roof.

18:19:13 The existing one and the new one will not be on the

18:19:16 roof.

18:19:16 >> The code has always said that.

18:19:18 The definition for heliport was adopted.

18:19:21 What happened is this is one of those special uses

18:19:23 that's considered to be confirming there.

18:19:25 Were two kinds of zoning conformance in the city, 56

18:19:28 and 87.

18:19:29 In 1987 when things became special use as lot of them

18:19:34 were already existing.

18:19:35 The things can continue the way that they have been

18:19:37 until a modification comes into effect, and there are

18:19:41 criteria for that modification.

18:19:42 So moving it triggers them to now become a special use.

18:19:46 >>MARY MULHERN: So it sounds like this was on the

18:19:50 books even before.

18:19:50 So at what point did we -- was it when helicopters were

18:20:04 invented?

18:20:05 >> I think there was concern here related to the

18:20:07 heliport and its location in relation to residential

18:20:10 and other uses, and that's why it's a special use.




18:20:13 Mr. LaRocca is here to represent the applicant on this

18:20:16 application, and given his history with the city, he

18:20:19 may be able to shed some additional light on when that

18:20:21 actually came.

18:20:22 But just like if you are a church, if were a church

18:20:25 prior to 1987, before churches were required to be

18:20:28 special uses, and use continued in that way, you are

18:20:32 fine.

18:20:32 It's when you seek to make modifications to that, or

18:20:36 you are now making a new location or an expansion or

18:20:39 something that you then have to come forth as the

18:20:42 special use.

18:20:42 >> So it could continue indefinitely because of their

18:20:46 desire to relocate it.

18:20:47 They do need to come in and get the special using.

18:20:51 >> I was just curious about the history of the code.

18:20:53 You can talk about that another time.

18:20:55 Thank you.

18:21:02 Petitioner?

18:21:03 >> Good evening, I'm John LaRocca, agent for the

18:21:08 petitioner.

18:21:09 I have been sworn.




18:21:10 My address is 101 East Kennedy Boulevard.

18:21:13 As Abbye indicated, this is a relocation of an existing

18:21:17 heliport that has existed on the St. Josephs hospital

18:21:21 main campus for many years.

18:21:24 Because of expansion needs on the main campus,

18:21:27 infrastructure improvements and other expansions that

18:21:29 have occurred, the particular location where the

18:21:31 heliport is located now, there are other infrastructure

18:21:35 needs that are being contemplated as they continue to

18:21:38 master planning on the campus.

18:21:40 This particular site has been identified as being an

18:21:44 appropriate location for the relocation of the existing

18:21:46 use.

18:21:47 Unfortunately, the code the way it's written now, you

18:21:49 just can't pick up and move an existing use the 300

18:21:53 feet that we are proposing in this instance without

18:21:55 going through the special use process, as Abbye has

18:21:59 indicated.

18:21:59 Abbye presented an aerial photograph.

18:22:01 One thing I did want to point out by showing you a

18:22:04 similar aerial photo is that there isn't --

18:22:17 >> Can you see it better now?




18:22:18 >> Thank you.

18:22:19 I am pointing the tip of the pen where the existing

18:22:22 heliport facility is located, on the north side of a

18:22:25 ten-story garage, and we are relocating it to

18:22:28 approximately 300 feet to the southwest on the west

18:22:31 side of the garage.

18:22:32 But as you can see by this drawing, the only

18:22:35 residential uses that exist are north of the Tampa Bay

18:22:38 park office build being, and, in fact, the relocated

18:22:42 facility is a few hundred feet away from existing

18:22:46 residential.

18:22:47 That was one of the other criteria that we looked at in

18:22:50 the special use.

18:22:52 We concur with the adjustment that needs to be made to

18:22:55 the site plan.

18:22:56 We will make that correction.

18:22:57 It's a matter of a tree count Wii between first and

18:23:00 second reading, special uses require a site plan.

18:23:03 There has been a site plan that's been submitted and

18:23:05 reviewed.

18:23:07 And we concur with that adjustment.

18:23:10 We respectfully request that you approve this special




18:23:13 use this evening.

18:23:15 We've me this evening are representatives from St.

18:23:17 Josephs hospital, and Bayflite.

18:23:22 Bill Shevlin, Terry McLaughlin, Kristin Pipher with

18:23:31 Bayflite, Fred Williams, and almond MOE with Bayflite

18:23:36 should you have any questions regarding the

18:23:39 helicopters' operations.

18:23:41 All operations that exist at the current facility will

18:23:42 be identical at the relocated facility.

18:23:46 There will be no changes to what occurs in and out of

18:23:48 that site.

18:23:49 I'll be glad to answer any questions, and respectfully

18:23:53 request that you approve the special use.

18:23:56 >>MIKE SUAREZ: One quick question.

18:23:57 Is this being moved for safety reasons?

18:24:00 >> No.

18:24:01 Again, as I have indicated earlier, the campus, again,

18:24:04 it would be helpful --

18:24:05 >> I have got the -- the reason I am asking is because

18:24:09 a heliport obviously is closer to the emergency room.

18:24:11 >> There is a helipad.

18:24:14 There is a helipad that serve it is emergency room.




18:24:17 But it is not --

18:24:18 >> Oh, okay, thank you very much.

18:24:20 >> the one up in the northwest helicopter that serve as

18:24:23 bay Florida State helicopter that serves hospital and

18:24:26 emergency facility in the community.

18:24:28 >> You answered my question.

18:24:29 Just seemed kind of strange that you are moving it 300

18:24:32 feet, and I thought it's closer to the emergency room.

18:24:35 >> This is not -- it is not involving the current

18:24:38 helipad that exists adjacent to the emergency room.

18:24:41 >> Thank you.

18:24:42 >>MARY MULHERN: Any other questions for the

18:24:44 petitioner?

18:24:47 Is there anyone in the audience that wishes to speak on

18:24:48 this petition?

18:24:52 Seeing no one --

18:24:55 >> Move to close.

18:24:56 >> Second.

18:24:57 69.

18:24:57 >>MARY MULHERN: All in favor?

18:25:01 What's the pleasure of downfall?

18:25:13 Oh.




18:25:14 >> Need a motion to approve?

18:25:17 >>MARTIN SHELBY: Please include the revision sheet as

18:25:19 presented by the staff.

18:25:20 >>MARY MULHERN: Count woman Capin, did you want to

18:25:28 read that?

18:25:28 >> Sure.

18:25:29 An ordinance being presented for first reading

18:25:31 consideration, an ordinance approving a special use

18:25:33 permit S-2 approving a heliport in an OP-1 office

18:25:39 professional zoning district in the general vicinity of

18:25:42 3001 west Dr. Martin Luther King Jr. Boulevard in the

18:25:46 city of Tampa, Florida and as more particularly

18:25:50 described in section 1 hereof providing an effective

18:25:52 date.

18:25:52 >>FRANK REDDICK: Second.

18:25:55 >>MARY MULHERN: Councilwoman, did you want to add --

18:26:00 did you include the revision?

18:26:10 >>YVONNE CAPIN: Adding the revision between first and

18:26:12 second reading.

18:26:13 >>MARY MULHERN: Motion by Councilwoman Capin, seconded

18:26:17 by Councilman Reddick.

18:26:19 Please vote and record.




18:26:20 >> First reading.

18:26:23 >>MARY MULHERN: Okay.

18:26:24 All in favor?

18:26:27 Opposed?

18:26:28 >>THE CLERK: Motion carried with Miranda being absent.

18:26:32 Second reading and adoption will be on June 23rd at

18:26:34 93:07 a.m.

18:26:35 >> Move to open item number 8.

18:26:50 They are all open already.

18:26:52 Excuse me.

18:26:53 >>MARY MULHERN: Item number 8.

18:26:54 >>ABBYE FEELEY: Land Development Coordination.

18:27:30 Item 8 is a speaks special use request for commercial

18:27:33 parking lot, off-street, located at 4500 north Nebraska

18:27:38 Avenue.

18:27:39 There was one waiver listed on your site plan.

18:27:43 I mean on your staff report to allow nonresidential

18:27:46 access to a local street.

18:27:47 I just want to clear that up, that because the legal

18:27:50 description for the special use, this lot only has

18:27:53 access on Emma street.

18:27:56 We are asking that that waiver be removed because they




18:27:57 have to be given access to the local street, so it's

18:28:01 not actually a waiver.

18:28:06 I'll defer to be discuss the land use and then come

18:28:09 back and discuss the special use.

18:28:13 >>TONY GARCIA: Planning Commission staff.

18:28:14 I have been sworn.

18:28:18 We have been rolling really good, folks, the last

18:28:21 couple of hearings on development in the central

18:28:23 district, which is good.

18:28:24 That means the plan is working so far, I guess, at

18:28:28 least if you try to redevelop it.

18:28:29 So this is in the central planning district again.

18:28:32 This purpose purple section here known as take greater

18:28:35 Seminole Heights area on the revision map.

18:28:38 And the land use categories for the site, to me mixed

18:28:42 use 35 is pretty much on this segment of Nebraska.

18:28:46 This light tan color is residential 10.

18:28:49 So we are looking at here this piece of property, where

18:28:54 you have to put your focus on.

18:28:55 Because this is focusing on to allow parking to

18:28:59 complement and to allow the function of a CG use,

18:29:04 complementary and consistent with the uses that the




18:29:06 general Seminole Heights community would like to see

18:29:10 redevelop in the future within their area.

18:29:12 So this is consistent with the Seminole Heights

18:29:14 community plan that was established this past year and

18:29:16 also consistent with the policies regarding the general

18:29:19 community planning in the City of Tampa.

18:29:23 So Planning Commission staff found the proposed request

18:29:25 consistent with the comprehensive plan.

18:29:27 >>ABBYE FEELEY: As Tony showed you, the front portion

18:29:43 of this property is CMU 35.

18:29:45 This back piece that we are talking about now is the

18:29:51 R-10 piece which requires a special use to do parking,

18:29:54 and that's why we are here this evening in relation to

18:29:57 the-' here is the zoning atlas sheet.

18:30:02 The site is shown, special use area shown in green.

18:30:05 As you can see the red line that comes down, that's all

18:30:08 take commercial general corridor along Nebraska.

18:30:10 You may recall our discussions the form based code,

18:30:15 these aren't real deep.

18:30:16 The frontages along Nebraska which has been a real

18:30:18 challenge for Lee development in this area.

18:30:22 Here is an aerial of the can property.




18:30:25 Emma to the south.

18:30:26 Nebraska to the east.

18:30:34 I will show you some photos.

18:30:36 This is existing as parking.

18:30:38 It's a legal nonconforming.

18:30:40 And it does serve the commercial general zoning in the

18:30:46 front.

18:30:46 This goes back to a -- special use goes back to a

18:30:50 provision in the code that talks about change of use,

18:30:52 or intensification of its use in the front, requiring

18:30:56 additional parking.

18:30:57 This is again one of those special uses considered to

18:31:00 be conforming until the front part changes.

18:31:03 Then it would have to become a special use.

18:31:05 There was never a special use granted on the back piece

18:31:08 for the parking.

18:31:09 So this now is triggering that.

18:31:15 This is looking south.

18:31:17 I'm sorry, this is across the street.

18:31:18 This is across Nebraska at the northeast corner of Emma

18:31:22 and Nebraska.

18:31:23 This is from the property looking east.




18:31:29 This is the property immediately south of the southwest

18:31:33 corner of Nebraska and Emma.

18:31:35 This is looking south on Nebraska.

18:31:38 This is the commercial strip center on the east side of

18:31:41 Nebraska.

18:31:45 The applicant is requesting a special use of the

18:31:47 property of 4500 north Nebraska Avenue for an

18:31:51 off-street commercial parking lot to provide off-street

18:31:54 parking for the adjacent commercial use located on the

18:31:57 eastern portion of the zoning lot.

18:31:58 The zoning lot has a split zoning of commercial general

18:32:03 on the eastern portion and single-family residential on

18:32:04 the western portion.

18:32:05 The parking locality is located one lot west of north

18:32:08 Nebraska, and abuts the existing commercial use it will

18:32:11 serve.

18:32:12 The site is surrounded by residential to the west and

18:32:15 commercial uses to the north, south and east.

18:32:18 25 parking spaces are proposed.

18:32:24 There are some modifications and site plan revisions

18:32:27 that are necessary in between first and second reading

18:32:30 in order for this plan to move forward.




18:32:32 One is the removal of the waiver.

18:32:36 There is a second one that's missing from myself, and

18:32:39 that is a reduction of the buffer along the west and

18:32:45 the north.

18:32:46 As you saw, let's back up to that picture.

18:32:52 You can see here, I am talking about where the fence

18:32:55 is.

18:32:58 What code requires is 15 feet adjacent to the

18:33:00 residential here, and adjacent to the residential along

18:33:03 the north, 15 feet and a wall.

18:33:05 They are proposing 7.8 feet and a fence.

18:33:09 They do need a waiver for that.

18:33:11 And staff is also requesting that planting be provided

18:33:14 in that buffer as well.

18:33:16 You can get buffer waivers administratively through the

18:33:19 zoning administrator, and when they go down to be this

18:33:23 type of distance separation, Ms. Coyle does request

18:33:25 that it is planted, with a hedge, one every five feet

18:33:29 and a tree, one every 20 feet, and that is what we

18:33:32 would being can tonight if that waiver were to go

18:33:35 through.

18:33:36 So it could be reduced to the 7.8 feet but we would




18:33:39 like both the fence and the planting.

18:33:43 There were some comments from Mary Daniel Bryson, as

18:33:49 far as tree and landscape. They need two or three

18:33:51 notes added to the site plan and some modifications

18:33:54 added to the tree table.

18:33:56 Solid waste would like the refuse collection taken off

18:34:01 the special use for the parking lot site plan, and

18:34:05 transportation would like the sidewalk to be drawn

18:34:07 through the driveway as they typically require on those

18:34:10 site plans.

18:34:11 On page 3 you will also find the criteria for the

18:34:14 special use.

18:34:15 The first is that the property must be adjacent to and

18:34:18 not separate separated by a street right-of-way.

18:34:21 This standard is being met.

18:34:24 The second is that the commercial use must be located

18:34:26 in an office or commercial district and must be a

18:34:28 conform use in that district, that the use that it

18:34:32 serves is.

18:34:35 The third is that the parking lot extend no more than

18:34:38 100 feet from the commercial.

18:34:40 This extension is only 70 feet so it does meet that




18:34:45 criteria as well.

18:34:46 And then the fourth is that it only be used for parking

18:34:48 of operative vehicles by the employees and clients, and

18:34:51 that standard has been met.

18:34:53 And take last is that the commercial parking be

18:34:55 screened from all adjacent residential uses in

18:34:58 accordance with 27-130, and that's the buffer that I

18:35:02 just discussed, the 15 feet with the wall, but they do

18:35:05 need the waiver from.

18:35:06 So we are going to ask that that be corrected in

18:35:09 between first and second reading.

18:35:13 Staff did find the request consistent.

18:35:15 And we are available for any questions.

18:35:17 >>MARY MULHERN: Abbye, can I ask you, you talk really

18:35:23 fast.

18:35:23 >> Sorry.

18:35:25 >>MARY MULHERN: The reduction of the buffer to 7.8

18:35:29 feet, is that what you said, from 15 feet?

18:35:35 >>ABBYE FEELEY: That's typical.

18:35:37 We do that a lot.

18:35:38 Chapter 27-130, the section of the code, used to use

18:35:43 buffers.




18:35:44 When you have a use, specifically a commercial use,

18:35:50 through use group A which is a residential use.

18:35:53 >>MARY MULHERN: I understand.

18:35:54 I just was trying to -- I guess I didn't have the

18:35:56 revision sheet.

18:35:57 Everything that you are talking about, the removal of

18:36:00 the waiver in that buffer reduction, that's on your

18:36:04 revision sheet already?

18:36:05 >> Yes, ma'am.

18:36:06 >>MARY MULHERN: Okay.

18:36:07 That was my question.

18:36:08 Thank you.

18:36:17 Petitioner?

18:36:44 >>MARK BENTLEY: Good evening once again.

18:36:46 Mark Bentley, Tampa 33602, 201 North Franklin Street,

18:36:53 represent the applicant Southern Brewing and wine

18:36:55 making.

18:36:56 This related petition number 8, and I want to keep them

18:36:59 separate.

18:37:00 I am just bringing that to your attention because maybe

18:37:02 some of the interested parties might want to discuss

18:37:04 that.




18:37:05 And I think once we get this resolved, then globally we

18:37:09 can have that discussion.

18:37:10 But I want to bring to your attention that you can act

18:37:12 on this.

18:37:13 It doesn't really relate to petition number 8.

18:37:15 The issue here relates to park being in connection with

18:37:17 the commercial property located contiguous and directly

18:37:22 to the east.

18:37:26 In any event, what we have here tonight is probably the

18:37:29 first step.

18:37:30 It is the first step to facilitate hopefully

18:37:33 redevelopment of this area for a small business.

18:37:35 And as you all are aware, prayer to the political

18:37:38 season or during the most recent season that was kind

18:37:41 of the mantra with a lot of candidates and ultimately

18:37:46 legislators is to be facilitate and encourage small

18:37:50 business development especially in the area like

18:37:53 Seminole Heights which has been kind of like an ad hoc

18:37:57 basis.

18:37:57 So, in any event, what we have here is the situation,

18:38:06 this is the subject parking lot, it's about 10,000

18:38:09 square feet.




18:38:11 Accommodate approximately 25 parking spaces.

18:38:14 As Abbye indicated it's going to be used in connection

18:38:16 with the commercial property located directly to the

18:38:19 east.

18:38:25 I think it's important for council to know that the

18:38:27 prior use was marine supply and they were in business

18:38:31 for a long time but they had an occupational license to

18:38:34 the end of last year and sold the property to my

18:38:36 client.

18:38:37 So that use for parking, boat storage for 38 years

18:38:41 continuously.

18:38:42 It's a legal nonconform use, okay?

18:38:44 And there has been no intent to abandon.

18:38:48 Prior to the cessation of seals, electricity has been

18:38:53 on in the building, so as we speak, it's legally

18:38:57 nonconform.

18:38:58 What will happen here tonight is if approved and

18:39:02 redeveloped, it will allow this lot to a certain degree

18:39:05 to conform with new city codes as staff mentioned in

18:39:09 terms of buffering and things like that.

18:39:11 So it's been there probably predate a lot of the

18:39:14 ownership out there.




18:39:16 I just want to oh make that clear.

18:39:18 Essentially what we are going to do is sanction these

18:39:20 parking spaces that have been used historically for at

18:39:23 least the last 38 years with the building located

18:39:25 directly to the east on Nebraska.

18:39:32 Concerning the zoning the property as Abbye indicated,

18:39:35 it's kind of a hybrid, to the rear, and then if you

18:39:42 look at the CG line to the north, what happens, it kind

18:39:46 of jumped in here on our client's property, that

18:39:51 nonconform happened sometime in the 80s, and in

18:39:53 discussion with some of the staff members, had they had

18:39:55 the knowledge then that maybe they do now, they would

18:39:58 have included that lot and we probably wouldn't be here

18:40:01 having this discussion because it's part of the

18:40:03 development and probably would have gotten a CG zoning

18:40:05 classification.

18:40:11 This is an aerial of the subject property.

18:40:14 This is the parking lot in question.

18:40:19 And here is the existing commercial building.

18:40:27 This is the shot of the build being that's going to be

18:40:30 maintained, preserved in connection with the project

18:40:32 we'll talk about.




18:40:35 In the next petition.

18:40:38 This is off Nebraska, and this whole canopy is going to

18:40:41 be removed as part of the new project.

18:40:43 Here is the rear of the building.

18:40:46 And here is a good shot of the parking lot, similar to

18:40:49 what Abbye had.

18:40:51 What we are going to do here is obviously eliminate the

18:40:53 fence, vegetation and fencing a rounds the perimeter.

18:41:03 You all are familiar with the area, and it's

18:41:06 predominantly commercial.

18:41:09 Here is a shot of the property located direct lib south

18:41:10 of Emma street, zoned commercial, owned by the client,

18:41:15 and the issue might come up.

18:41:17 The next petition, in the event there's any need for

18:41:20 overflow parking, parking is allowed as the principal

18:41:26 use, and has been used historically by the marine

18:41:30 supply for parking.

18:41:33 So that lot, I guess you could say, the conforming lot.

18:41:39 Obviously it doesn't meet all take landscaping

18:41:42 requirements.

18:41:52 We have got positive support, and you are going to hear

18:41:55 that from the audience, and hopefully we will reserve




18:41:59 that for the next petition.

18:42:00 In any event, we have positive support also from the

18:42:03 professional planning staff, both the city staff and

18:42:06 Planning Commission staff.

18:42:07 And I think one thing is important.

18:42:09 And Tony alluded to this, that City Council adopted the

18:42:13 greater Seminole Heights vision plan last year, and in

18:42:16 doing so, they actually had a design standard for

18:42:21 parking in Seminole Heights.

18:42:22 As staff indicated, it's difficult to retrofit or

18:42:25 redevelop these properties, okay?

18:42:26 Parking is very difficult.

18:42:29 The comprehensive plan and the Seminole Heights plan,

18:42:33 and this is in a mixed use corridor, open village area,

18:42:36 they encourage the adaptive reuse of these buildings so

18:42:39 parking is always a struggle.

18:42:41 So what the city came up with -- and here again it was

18:42:43 endorsed by I think most of the council members in

18:42:46 attendance tonight -- was parking layout similar to

18:42:54 this, this is basically a mirror image of what we are

18:42:56 proposing.

18:42:57 As you can see here it says parking placement -- this




18:43:03 applies to all parking, and there's an 8-foot

18:43:06 separation between the parking area, and that distance

18:43:08 there is eight feet.

18:43:09 That relates to commercial to residential.

18:43:12 Okay?

18:43:13 So the concept here is, this area is a residential.

18:43:17 This is commercial.

18:43:18 There has to be an 8-foot separation.

18:43:22 So we are doing exactly what the code requires.

18:43:25 Now Abbye mentioned the 15-foot buffer.

18:43:27 That is in the standard code.

18:43:31 Even though you have adopted the Seminole Heights

18:43:33 overlay, or plan, that hadn't been implemented.

18:43:38 And I think in the fall, the staff can correct me.

18:43:41 There's actually some kind of zoning conformance

18:43:43 initiative where the city methodically is going to go

18:43:46 through property to property.

18:43:48 For example, my client's property is zoned general

18:43:51 commercial.

18:43:51 There's a companion or mirror image, zoning

18:43:54 classification proposed for Seminole Heights, general

18:43:58 commercial.




18:43:58 So even though it hasn't been implemented, this is the

18:44:02 standard of the model that the city has established

18:44:05 that's going to be applied to the property.

18:44:08 So technically we put the dart before the horse.

18:44:12 We are going -- we need a 15-foot buffer per the plan,

18:44:16 eight feet.

18:44:17 I believe that's 7.8 feet.

18:44:24 And unless you have any specific questions, 245 would

18:44:26 conclude the presentation.

18:44:29 And I would appreciate the opportunity for the any

18:44:31 rebuttal.

18:44:31 >>MARY MULHERN: Any questions?

18:44:36 I have a question.

18:44:38 I think it might be for you, Abbye.

18:44:44 This petition is for parking lot which is associated

18:44:48 with a use.

18:44:51 Why didn't we hear the use first?

18:44:55 >>ABBYE FEELEY: It is not associated with a use.

18:44:57 It is associated with any permissible use under

18:45:00 commercial general zoning, which the front property is

18:45:03 zoned.

18:45:04 Front property is retail.




18:45:06 >>MARY MULHERN: Okay, this is associated with a

18:45:10 property that we are going to hear a request for.

18:45:14 >>ABBYE FEELEY: If you have no alcohol petition

18:45:17 tonight could you still hear this case.

18:45:19 It's still for the commercial general zoning property

18:45:21 in the front.

18:45:22 >>MARY MULHERN: I think that it would have made a lot

18:45:25 more sense to hear what the parking lot was for.

18:45:30 I mean,.

18:45:33 >>JULIA COLE: You do have a special use for alcohol

18:45:37 associated with the front parcel, but not withstanding

18:45:41 the alcohol addition that you will be hearing as part

18:45:45 of your special use, you have a parcel that is CG that

18:45:50 is requesting to take the parcel behind it and have

18:45:53 associated with it a parking lot use, so they really

18:45:55 are separate applications that need to be heard,

18:45:58 completely separately, because whether or not you a

18:46:00 professor you deny the alcohol, whether or not you

18:46:02 approve or deny the parking, they really are not

18:46:05 associated.

18:46:08 They are just time lined at the same time.

18:46:10 >>MARY MULHERN: I have never -- whenever we have




18:46:14 approved a parking lot, you need to know what the

18:46:19 parking lot is for.

18:46:20 >> It is.

18:46:21 It's for a CG parcel that can have any type of CG use

18:46:25 associated with it.

18:46:30 The alcohol is a separate opportunity for the parent

18:46:32 parcel is something that they could get an entitlement

18:46:36 to, and they could go ahead --

18:46:38 >>MARY MULHERN: I'm not talking about the alcohol --

18:46:40 okay, I'm talking about the -- the fact is -- it's

18:46:43 going to be an establishment that will have customers.

18:46:48 >>JULIA COLE: Yes.

18:46:49 >>MARY MULHERN: That will probably use -- or not.

18:46:54 How many seats are there going to be?

18:46:57 They are asking for --

18:47:02 >> A Euclidean zoned property has a range of uses on

18:47:05 the front parcel.

18:47:06 Whatever those range of uses are, they are requesting

18:47:09 to allow parking --

18:47:11 >>MARY MULHERN: Wait, wait.

18:47:12 How do I know -- parking is associated with the build

18:47:15 being.




18:47:17 Within the retail use.

18:47:18 How do I know that they need to have a 7.8-foot buffer

18:47:26 instead of a 5-foot butter -- buffer?

18:47:29 Why is there any justification for any of this without

18:47:32 hearing about --

18:47:36 >> That use could be anything CG.

18:47:38 If you remember, we did one of these a few months ago

18:47:41 for a strip center on Kennedy in the parking lot was on

18:47:45 Renelli right behind it.

18:47:47 It was a strip center.

18:47:49 It had a Kinko's.

18:47:51 That was a CG zoning lot with a multitude of uses.

18:47:55 >>MARY MULHERN: All right.

18:47:57 This piece, this CG pediatrician could be a restaurant.

18:48:01 >> By right, whether or not they serve alcohol.

18:48:04 By right, they would need a certain amount of parking.

18:48:08 It could be a retail store.

18:48:09 It would object a pharmacy.

18:48:10 It could be minor auto sales.

18:48:13 CG --

18:48:14 >>MARY MULHERN: Okay.

18:48:15 >> Uses by right.




18:48:17 So somebody could be coming in and saying there's no

18:48:19 way to park one space on this parking lot on the front

18:48:22 CG portion.

18:48:23 I need parking.

18:48:24 And historically, that piece in the back has been a

18:48:28 parking lot.

18:48:30 As you see, it is paved.

18:48:33 >>MARY MULHERN: With a parking lot or a specific use.

18:48:37 Boat sales.

18:48:37 >> When the use went vacant, when that use went vacant,

18:48:41 boat sales, specialty retail, at a ratio of 1.1 per

18:48:45 1,000 spaces, when that use went vacant, that

18:48:49 nonconforming lot in the back lost its right to be a

18:48:53 lot, should someone want to inhabit that front piece as

18:48:57 something else besides boat sales.

18:48:58 >>MARY MULHERN: Right.

18:49:00 >> Okay.

18:49:01 Say a pharmacy.

18:49:02 Say CVS wants to go there.

18:49:05 CVS comes in-

18:49:06 >>MARY MULHERN: So CVS would be in here telling us how

18:49:08 many parking spots.




18:49:09 >> No.

18:49:10 They necessarily would not.

18:49:13 If they only need 25 spaces, and that's what they can

18:49:14 get through a special use, they are not burdened to

18:49:17 come in and show you on the CG portion what they are --

18:49:21 by right allowed.

18:49:22 >>MARY MULHERN: This petitioner is asking for

18:49:27 commercial off-street parking which is a special use.

18:49:32 >> Right.

18:49:33 >> And they are asking for some entitlement, reduction

18:49:37 in a buffer.

18:49:38 >> That's it.

18:49:39 The only thing they need is a reduction in buffer for

18:49:42 any commercial use.

18:49:45 Adjacent to residential.

18:49:46 That's the waiver that is before you.

18:49:48 >>MARY MULHERN: All right.

18:49:49 I disagree.

18:49:50 I don't think this makes sense.

18:49:54 And I am not talking about alcohol at all.

18:49:56 I'm talking about -- tell me how many parking spaces

18:50:02 you need, or why you need that reduction of the buffer.




18:50:04 I don't want to hear about a code that we haven't

18:50:07 adopted.

18:50:08 I want to hear why.

18:50:15 >>MARK BENTLEY: First of all, the asphalt all the way

18:50:18 to the fence for 38 years, the lot is 94% asphalt.

18:50:23 We are enhancing.

18:50:24 We are going to modify the parking lot by putting in

18:50:27 some landscape.

18:50:29 Okay.

18:50:29 If we maintain retail sales at the property, which

18:50:34 fields marina did, we wouldn't have been to do anything

18:50:37 to that lot.

18:50:37 Okay?

18:50:38 You have got these plans here that encourage, okay,

18:50:41 adaptive reuse of these buildings.

18:50:44 Okay.

18:50:44 And if we can't get a little bit of relief -- and I

18:50:48 know, Mary --

18:50:49 >>MARY MULHERN: This is my point.

18:50:50 We are not hearing about adaptive reuse.

18:50:53 >>MARK BENTLEY: Well, here we are, zoned CG, and the

18:50:55 next application, I don't really think -- I don't think




18:50:58 it's relevant.

18:51:00 Globally we are going to talk about this whole thing,

18:51:03 is that this CG zoned property needs parking.

18:51:07 Whether my client goes in there and does what he

18:51:09 intends to do, or an attorney, or a contractor.

18:51:13 Okay?

18:51:14 And that's all we are doing tonight is asking for

18:51:16 parking in connection with any potential use under the

18:51:19 general -- commercial general classification that

18:51:23 relates to property.

18:51:24 Now, if the next petition fails on its face, this

18:51:28 property still has a right to park.

18:51:30 >>MARY MULHERN: But you are asking us to give you

18:51:34 additional, you know, to give you the right to do that.

18:51:41 >>MARK BENTLEY: But Mary, last year you voted in

18:51:43 support of eight feet.

18:51:45 I know it hasn't been applied yet.

18:51:46 Okay.

18:51:47 We are at 7 feet, 7.8 feet, and you voted for eight.

18:51:52 Okay.

18:51:53 So if we are four inches shy, or do the math.

18:51:56 >> I don't know if I voted for it or not.




18:51:58 >> Well, it was unanimous.

18:52:01 That's all I know.

18:52:01 >> That's fine.

18:52:03 I had my questions answered.

18:52:04 >>MARK BENTLEY: I appreciate it.

18:52:07 >>YVONNE CAPIN: I have of a question.

18:52:08 You were referring to the form-based zoning that we

18:52:13 passed.

18:52:14 That's what you are referring to.

18:52:15 >>ABBYE FEELEY: Land development.

18:52:19 Yes.

18:52:19 Mr. Bentley is referring to the first set of code

18:52:23 regulations that you just recently voted in.

18:52:26 In October, we will be come back and rezoning all of

18:52:29 the properties within the boundaries of that planning

18:52:32 area to be, as you said, Seminole Heights, SH, whatever

18:52:37 it will be, SH-R for residential, SH-PG.

18:52:42 What he's showing you is those development standards.

18:52:44 And should he have waited until October, once he was

18:52:47 rezoned, then the eight-foot buffer would be what he is

18:52:51 required, not the 15.

18:52:53 So that is forthcoming in just a few months.




18:52:57 >>YVONNE CAPIN: I understand.

18:52:58 In a one referred to it as the form-based zoning; for

18:53:04 the public and everyone else, it's form-based.

18:53:09 >>ABBYE FEELEY: Regulations are in effect right now,

18:53:11 but because no one is -- no one can use them.

18:53:15 Mr. Bentley could have come before you tonight to

18:53:17 rezone himself to SH-CG and then those regulations

18:53:21 would be his.

18:53:22 But we are doing that on an area wide basis, city

18:53:25 initiated.

18:53:27 So -- in October.

18:53:29 It's a little more than two months but it will be

18:53:31 coming around the corner.

18:53:32 Yes, ma'am.

18:53:34 >>YVONNE CAPIN: Thank you.

18:53:35 >>MARY MULHERN: Mr. Bentley?

18:53:43 You're ahead of your time.

18:53:44 >>MARK BENTLEY: It's kind of interesting because we

18:53:47 were in midstream weapon all of this came up.

18:53:49 >>LISA MONTELIONE: Yes.

18:53:51 I understand.

18:53:52 >> And actually file rezoning, and a lot of these




18:53:54 issues would have just disappeared.

18:53:56 But we were just knee deep in it and my client is

18:53:59 interest in getting the business started.

18:54:01 >> I'm very happy to see they are looking to invest in

18:54:04 this neighborhood.

18:54:05 Thank you.

18:54:05 >>MARY MULHERN: Would anyone from the public like tock

18:54:11 speak be? Please line up.

18:54:16 Stand up, if you can.

18:54:17 >> Pruitt, 815 east Cayuga street.

18:54:27 And the left side borders my backyard.

18:54:29 And according to the sign they have out in front of

18:54:31 that building they want to put a bar and package store

18:54:34 in there.

18:54:35 I don't nobody why they won't say nothing about it now.

18:54:39 They have got a sign out front on a zoning thing that

18:54:42 says --

18:54:44 >> There are duplications on this property.

18:54:46 This petition is for the commercial parking.

18:54:48 And the second petition is for the alcohol.

18:54:49 >>MARY MULHERN: Sir, you are welcome to speak on

18:54:53 anything relating to the parking lot.




18:54:58 >> I understand.

18:55:01 My backyard, and people in there at night tithe time

18:55:05 deter my sleeping.

18:55:06 I don't know when we'll talk about the other one but

18:55:09 I'll be back.

18:55:09 >>MARY MULHERN: That's the next item on the agenda.

18:55:13 >> Sid Rose.

18:55:18 I have property at 813, 814, 815, 816, and 818 east

18:55:27 Chelsea street.

18:55:28 I have an alleyway, the city alleyway that goes over to

18:55:32 the parking area that they are going to have, a bar or

18:55:39 whatever, but, anyway, I am concerned about that little

18:55:42 alleyway there, that there's going to object a lot of

18:55:46 riff-raff going through there.

18:55:47 I have been there for 16 years.

18:55:49 I have gotten all the transvestites, the prostitution

18:55:54 all around there, and I want it to stay away.

18:55:59 And I'm just kind of against this.

18:56:01 >>MARY MULHERN: Thank you.

18:56:10 >> My name is Richard Reichwald, and it is strange

18:56:18 having to address the parking first, but seems to be

18:56:23 way it's going.




18:56:25 I'm the closest neighbor on Emma street to this

18:56:28 property.

18:56:29 It's hard to see the house from the aerials because

18:56:31 it's kind of shrouded in trees.

18:56:33 But that lot in question is right across the street

18:56:40 from my house.

18:56:43 813.

18:56:45 And I have to differ with what the one man said about

18:56:48 the 38 years of it being parking.

18:56:53 I have been in the house since '83, and so I have seen

18:57:00 it, and Mr. Seal is going around and around on that

18:57:03 piece of property.

18:57:04 He parked boats in it.

18:57:06 And the city would tell him to move the boats, it's a

18:57:09 residential lot, eights residential lot right now.

18:57:12 It should not be paved.

18:57:15 Shouldn't have that fence around it.

18:57:16 But seals got a way with things.

18:57:19 He closed the alleyway off one day.

18:57:21 He had to work all his fencing so that the alleyway

18:57:25 that ran between that residential lot in question and

18:57:29 take back of his property was open.




18:57:31 So he had these fences, and then co-swing them in,

18:57:35 swing them out, depending on if he's closing up for the

18:57:39 night.

18:57:40 Well, one day, this fence just kind of closed up, and

18:57:45 he had that property, which it didn't bother me.

18:57:48 I couldn't understand why he would want to do it.

18:57:50 But the city one time told him to move all the boats,

18:57:55 it's residential.

18:57:56 And there was a two-story, one of those -- they used to

18:58:03 have residential, two-story, and there was one on the

18:58:06 other side of Emma.

18:58:10 Commercial property on both sides.

18:58:11 And he paid $30,000 to have that two-story on Nebraska

18:58:17 Avenue moved catercorner to that lot to free up that

18:58:21 Nebraska Avenue piece of property.

18:58:24 And he just shingled the front.

18:58:27 It had a porch, and he never rebuilt the porch.

18:58:30 The city was on him about that but he got away it with.

18:58:32 And one day I was going to work, and there was this

18:58:37 demo company.

18:58:39 And I went to work with a two-story big square house

18:58:43 there?




18:58:44 I came back and it was a level lot.

18:58:47 The dirt was just left.

18:58:49 It did a great job.

18:58:51 But the point is, piece by piece, you know, and he

18:58:56 paved it and fenced it in, and so it hasn't been 38

18:59:01 years as you see it now.

18:59:03 And this is all in city records that would verify this.

18:59:15 So it's hard to dispute a lot.

18:59:17 It has had boats on it.

18:59:19 It had all those things.

18:59:21 But not knowing what type of a business is wanting to

18:59:27 go in there it makes it hard to kick up a fuss.

18:59:30 Of course, now that the placards went up and I see that

18:59:34 they talked about putting a little shop in there where

18:59:36 they sold kits to make beer and wine, and put some

18:59:39 tables out there so that people could sample them, and

18:59:45 according to the sign, now they want a liquor store.

18:59:47 (Bell sounds).

18:59:49 >>MARY MULHERN: Thank you.

18:59:50 Your time is up.

18:59:51 >> Yes, ma'am.

18:59:52 >> Susan Long, 920 Broad.




18:59:57 And I have not been sworn.

18:59:58 >>MARTIN SHELBY: Anybody else?

19:00:01 >>MARY MULHERN: If there's anyone else in the audience

19:00:03 that wishes to speak and has not been sworn in, please

19:00:06 stand to be sworn in.

19:00:07 (Oath administered by Clerk)

19:00:12 >> One of the issues that we have in Seminole Heights

19:00:17 was every business that we put in, regardless, a small

19:00:21 restaurant, a little beauty salon, it doesn't matter.

19:00:26 We have no parking.

19:00:30 My understanding is to be a paved, marked, cleaned-up

19:00:37 parking lot to serve whatever, serve across the street,

19:00:41 serve next door, serve north, serve south.

19:00:44 We need that.

19:00:46 The business next door that is being proposed never

19:00:49 opened.

19:00:50 We still need that parking space.

19:00:53 The businesses on Nebraska.

19:00:55 There is not enough parking.

19:00:57 The only decent parking lot in that section of Nebraska

19:01:00 is across the street at the mega mart, and, you know,

19:01:04 do you really want them running back across the street?




19:01:08 This would be an asset to the neighborhood.

19:01:10 It would bring other businesses there, provide people

19:01:13 places to park.

19:01:14 I strongly encourage it.

19:01:15 Thank you.

19:01:15 >> Dominic Cinciola, 918 East McBerry street, a long

19:01:28 time resident, small business owner in our

19:01:30 neighborhood.

19:01:30 I represent both Florida restaurant associations as

19:01:32 well as the national restaurant association for my last

19:01:36 training.

19:01:37 I do responsible vendor training.

19:01:39 There is not enough parking.

19:01:41 And when we set up variances to limit the parking

19:01:45 ability of restaurants, we caused term mohel in

19:01:50 neighborhood associations.

19:01:50 We found that shadow lawn is torn up because of not

19:01:56 having enough parking, and the parking that was

19:02:01 provided, the variance, I'm sorry to say, was not able

19:02:07 to be as successful there

19:02:14 Restaurants, bars, establishments, need parking, and

19:02:18 I'm in favor of it.




19:02:20 Thank you.

19:02:20 >> My name is James Art.

19:02:29 I rent the storage that you saw on the adjacent plot.

19:02:38 I plan to put a landscaping company in that facility.

19:02:45 I own a lawn service.

19:02:47 I'm also right now pork working in partnership with the

19:02:50 CDC where I employ youth, so that I'm training them to

19:02:55 be landscapers.

19:02:58 I cleaned up the property for Prine and Kelly, the

19:03:05 property we are talking about now, and cleaning up.

19:03:07 I cleaned up the parking lot.

19:03:08 I cleaned up that property, and we are planning to do

19:03:14 landscaping.

19:03:16 From that facility, as soon as I get an opportunity to

19:03:19 set up.

19:03:20 My company there.

19:03:25 With Kelly and Brian, they talked about possibly using

19:03:28 parking in the future.

19:03:30 And I say, well, if you all give me the opportunity, I

19:03:32 would like to set up a landscaping company.

19:03:34 This morning one of the neighbors came, and he said,

19:03:37 I'm looking for a job.




19:03:38 He said, I heard that you are setting up a landscaping

19:03:41 company here.

19:03:42 And he said, well, I also want to know what they are

19:03:47 doing with this business here.

19:03:48 I said, well, they are proposing for parking and

19:03:52 planning to do what they plan to be do as far as what

19:03:56 their business.

19:03:58 I think in the future, I plan to set up a landscaping

19:04:01 company.

19:04:03 The facility that they are letting me rent.

19:04:06 So I would love to see this be approved, and we go

19:04:12 forward, and can build multiple businesses here in the

19:04:18 place of just one.

19:04:20 Thank you very much.

19:04:20 >> Good afternoon.

19:04:25 My name is Terry chalk.

19:04:27 I live at 802 east Emma street.

19:04:30 I live like one block southeast -- west of the building

19:04:35 that we are talking about.

19:04:38 I am here basically for one thing.

19:04:40 But since we are talking about the parking, I have

19:04:42 lived there for at least 18 years.




19:04:44 I have a child care in that area.

19:04:46 And I have never had a problem with parking.

19:04:48 And I have never seen where they had to park on the

19:04:55 street or maybe other peoples property.

19:04:57 But I never had a time that I needed to park anywhere

19:05:00 in the area, that we have never had a problem with

19:05:04 parking.

19:05:05 Thank you.

19:05:05 >> Petitioner?

19:05:15 >> I think you got all the issues back on the table.

19:05:23 I guess Mr. Seal had an interesting business career.

19:05:25 But in any event, the alley has been vacated that

19:05:28 somebody mentioned between the two properties, the

19:05:30 parking and the building.

19:05:32 So that's been resolved we've the city.

19:05:34 And here again, unless you have any questions, what we

19:05:40 are trying to do is just allow parking in connection

19:05:42 with the property to the east.

19:05:44 And you heard testimony from Ms. Feeley, that from a

19:05:48 staff perspective, it's a legal nonconform parking lot

19:05:52 as we speak.

19:05:52 Now you divest yourself of that legal nonconforming




19:05:57 statutes.

19:05:57 We are talking right here, okay, regardless of who did

19:06:00 what or who is on first, and that's a legal lot.

19:06:04 So your standards allow eight feet.

19:06:06 In October they'll allow eight feet.

19:06:08 We just need the one buffer, believe it or not.

19:06:10 And Madam Chairman, you are up here and you see most of

19:06:13 these petitions have multiple waivers and we are asking

19:06:15 for a waiver of about six inches or something like

19:06:17 that.

19:06:18 That's the bottom line.

19:06:19 Thank you very much.

19:06:20 Appreciate it.

19:06:20 >>LISA MONTELIONE: I have of a question for Ms.

19:06:30 Feeley.

19:06:31 >>MARY MULHERN: And if I may,.

19:06:39 >> And when we ask questions he gets a second chance to

19:06:43 get closing so if you tray to do that, that way he gets

19:06:46 to address whatever we discussed again to keep things

19:06:49 flowing.

19:06:49 >>LISA MONTELIONE: I don't think Mr. Bentley will have

19:06:52 a follow-up.




19:06:52 >> I know we have done it a couple of times in a couple

19:06:56 of hearings and I always want to mention it.

19:06:58 >> Thank you.

19:06:59 If you could put the map the right way, and mapping,

19:07:02 Land Development Coordination maps.

19:07:03 >> The zoning atlas?

19:07:06 >> Yes, please.

19:07:09 The City of Tampa has very, I don't know, cross word

19:07:17 puzzle maybe kind of look to the zoning atlas when you

19:07:20 look at all the different zonings designations that are

19:07:23 in a particular area.

19:07:25 And we see take commercial corridor that runs Nebraska

19:07:29 Avenue north and south.

19:07:30 And some of the lines, they are not stream lines, that

19:07:37 separate the commercial general uses from, say, the

19:07:41 RM-12 or the PD area, or I don't know what the other

19:07:48 zoning is on the other side.

19:07:51 >> This is the interstate here.

19:07:54 So it's a very short block.

19:07:55 >> It's hard to tell.

19:07:57 Thank you.

19:07:57 >> It looks like it's RM 50.




19:08:01 But that's 275.

19:08:02 So we are talking about six lots deep in this area

19:08:05 until you hit the interstate.

19:08:07 But other than that.

19:08:08 >>LISA MONTELIONE: The lot we are speaking of is the

19:08:14 one with the green stripes, right?

19:08:16 So if -- the line were to be straight, if this was a

19:08:22 perfect world, and all take lots would line up just

19:08:25 perfectly, and we were to have a straight line corridor

19:08:28 of commercial general, it appears to me that this lot

19:08:33 would fall into the commercial general area.

19:08:38 If those lines ran straight north and south along --

19:08:46 >> Yes, thank you very much.

19:08:47 >> So to me this lot that we are looking to permit the

19:08:51 special use, the parking lot -- thank you -- seems to

19:08:56 almost just miss being a commercial general lot by a

19:09:00 few feet?

19:09:04 >> Yes, ma'am.

19:09:05 >> So why do the lines, maybe for the benefit of

19:09:11 everyone here, why do those lines not include that lot?

19:09:19 >> People in the office refer to BA, which is "before

19:09:24 Abbye."




19:09:26 You know, there were two kinds of zoning.

19:09:30 56th and 87.

19:09:32 So we got our first real zoning.

19:09:35 And RS-50, CG, all of those things came about because

19:09:39 they used to be C 1, C-2, R 1, R-1-A.

19:09:45 In 87, most likely, there was -- I can only

19:09:50 hypothesize, there was probably residential use on the

19:09:53 top piece of that, and there was the parking lot or

19:09:59 whatever on the bottom piece of that, and the line

19:10:01 didn't jog.

19:10:03 I know through form based code discussions that we have

19:10:05 had in this community over three, close to three years

19:10:09 now, workshops, there was a huge discussion about the

19:10:13 depth of those commercial lots and how that can really

19:10:16 facilitate the redevelopment of that corridor that they

19:10:20 want to be see as something -- and that's really, you

19:10:27 know, if that was a beauty salon, personal services,

19:10:32 eight spaces per thousand square feet.

19:10:34 Okay.

19:10:34 So if they came into our office and said we would like

19:10:37 to be a beauty salon, allowable use under CG, they

19:10:42 would need eight spaces per show you thousand, they




19:10:45 would still need this in the back.

19:10:47 Six per thousand.

19:10:49 Still need this in the back.

19:10:51 So far to my understanding of it, it's always been

19:10:54 zoned as one zoning lot.

19:10:55 It was never a separate residential piece there.

19:10:56 It was always tied to the front.

19:10:59 I can't see it in single separate ownership.

19:11:01 >>LISA MONTELIONE: Thank you.

19:11:09 The only other question, I mentioned about Mr. Bentley

19:11:11 being ahead of his time. If this application was made

19:11:14 after the form-based zoning was approved, and we were

19:11:19 talking about the SH zoning category for this area,

19:11:23 would that lot then fall into the commercial general

19:11:29 corridor?

19:11:34 >>ABBYE FEELEY: I did not check.

19:11:35 I went over all of this with Cathy this afternoon.

19:11:39 I did not check the map to see how far the depth that

19:11:42 that lot went back but she did assure me, go through

19:11:45 and show me that that requirement would fall under the

19:11:49 buffer.

19:11:49 So I am assuming that, yes, it would -- because it




19:11:52 would be permitted with the front of the lot.

19:11:54 So as one zoning lot, it would also --

19:11:57 >> As I mentioned earlier just kind of a matter of

19:12:00 timing?

19:12:01 He's just applying for it now rather than later?

19:12:04 >> And because it would be at the 7.8 feet, he would be

19:12:11 eligible for an administrative waiver for the

19:12:13 remaining.

19:12:14 >> That's all I have.

19:12:15 Thank you.

19:12:15 >>MARY MULHERN: Any other questions?

19:12:22 I just want to sayer, in response to Ms. Montelione,

19:12:27 what you were asking Ms. Feeley and what Ms. Feeley

19:12:30 said about what she knows about the zoning, I think we

19:12:32 heard from a couple of people who actually lived there,

19:12:35 and they actually moved a house, which was within the

19:12:42 residential, which was zoned residential.

19:12:46 So I think -- and I think if you look, you only have to

19:12:51 gob a few blocks on.

19:12:52 This it is a zigzagging map and it has to do with who

19:12:57 owned which properties, but it is all residential mixed

19:13:02 use there, so -- Mr. Bentley, did you feel like you had




19:13:08 to respond to something?

19:13:14 >> I have a motion to close.

19:13:15 >> Move to close.

19:13:16 >> Second.

19:13:16 >> All in favor?

19:13:19 Aye.

19:13:21 The pleasure of council?

19:13:24 >> Motion to approve.

19:13:35 >> Second.

19:13:35 >>MARTIN SHELBY: That requires it be read by title.

19:13:38 That's on the agenda.

19:13:39 >> Okay.

19:13:45 >> Move an ordinance on first reading, ordinance

19:13:50 approving a special use permit S-2 approving parking,

19:13:54 off-street, commercial, in an RS-507 residential

19:13:58 single-family zoning district, in the general vicinity

19:14:01 of 4500 north Nebraska Avenue in the city of Tampa,

19:14:05 Florida, and as more particularly described in section

19:14:08 1 hereof providing an effective date.

19:14:10 >>MARTIN SHELBY: And that includes the revision sheet

19:14:15 for the 11-174?

19:14:19 >> I'm sorry.




19:14:20 >> And motion to approve on first reading the revision

19:14:33 tree table on the V-11-174 revision sheet dated June 9,

19:14:40 2011 and any other modifications as requested bit by

19:14:44 City Council.

19:14:44 >> Is there a second?

19:14:48 >> Second.

19:14:48 >> Motion made by Councilman Suarez, seconded by

19:14:56 Councilwoman Montelione.

19:14:57 >>MARTIN SHELBY: If I can have clarification.

19:15:00 Everything that the revision sheet, the entire revision

19:15:02 sheet as provided by staff, is that what you are

19:15:04 requesting, Ms. Feeley?

19:15:06 And that's agreed to by the petitioner?

19:15:07 >> I think that tree table is just accidentally pasted

19:15:10 in there.

19:15:10 >> But this does require tree table modification under

19:15:13 revision, so it's all the same.

19:15:16 >>MARTIN SHELBY: Okay.

19:15:20 >>MARY MULHERN: Dot we need to vote and record?

19:15:26 Please vote and record.

19:15:27 No?

19:15:28 Okay, all in favor?




19:15:30 Anyone opposed?

19:15:33 Nay.

19:15:33 >> Motion carried with Miranda being absent and Mulhern

19:15:36 voting.

19:15:36 No second reading and adoption will be on June 23rd

19:15:39 at 9:30 a.m.

19:15:40 >>MARY MULHERN: Move on to item number 9.

19:16:28 >>ABBYE FEELEY: Land development.

19:16:31 Item number 9 on your agenda this evening is a special

19:16:34 use request for alcoholic beverage sales, large venue,

19:16:39 consumption on premises, and package sales for

19:16:43 off-premises consumption.

19:16:48 The request is located at 4500 north Nebraska Avenue,

19:16:50 and it's been awhile since I have done an alcohol, and

19:16:55 I want to refer to Tony but Tony doesn't do alcohol

19:17:00 requests so we'll keep going.

19:17:01 The current zoning on the property is commercial

19:17:03 general, and there are three waivers being requested.

19:17:09 This is one of your first alcohols under the new

19:17:12 provision.

19:17:14 So the subject property we are talking about tonight is

19:17:18 both in a mixed use urban corridor, and an urban




19:17:22 village, which reduces the distance separation

19:17:25 requirements to 250 feet.

19:17:28 So you will see under your waivers, there is a parking

19:17:31 waiver to reduce parking from 73 spaces to 25 spaces.

19:17:37 And there is a request to allow access to Emma street,

19:17:41 and take last is to reduce the minimum separation.

19:17:43 And if you will, please correct the first page of your

19:17:46 staff report.

19:17:46 That should be from 250 feet to zero for residential

19:17:49 uses.

19:17:52 The request is for alcoholic beverage sales, beer wine

19:17:55 and liquor for consumption on premises, and package

19:17:58 sales for consumption off premises.

19:18:03 The request contains an existing building with 62,939

19:18:07 square feet and an outdoor exterior area, 7,213 square

19:18:14 feet for 23,452 square feet.

19:18:17 The proposed hours of operation are Monday through

19:18:20 Wednesday, 10 a.m. to 11 p.m., Thursday through

19:18:23 Saturday, 10 a.m. to 1 a.m., and Sunday noon to 11 p.m.

19:18:32 Based on the occupancy for the bar area, outdoor area

19:18:35 and retail portion of the building, a total of 7

19:18:39 10:should be 74, I'm sorry.




19:18:41 There was a miscalculation.

19:18:43 74 parking spaces are required and 25 are being

19:18:47 provided.

19:18:48 So that waiver from 73 would need to be revised in

19:18:51 between first and second reading.

19:18:56 And there are a few modifications that are being

19:18:59 requested by land development.

19:19:01 One is to remove all references to the Seminole Heights

19:19:04 form-based code, as that is not currently applicable to

19:19:08 the site, and also to remove a boundary line that's

19:19:13 bisecting the building right now and the site plan that

19:19:15 makes it a little confusing so I need them to take that

19:19:18 out.

19:19:18 Secondly, there is some solid waste plan revisions that

19:19:21 are needed.

19:19:22 And I have provided those as well as some depiction,

19:19:26 that were provided by solid waste.

19:19:33 There is the standing objection from transportation

19:19:35 related to the parking waiver, in excess of 66%, do

19:19:42 find that the request is accepted, and they are here

19:19:45 tonight to speak with that.

19:19:47 And let me go ahead and show you a few pictures, and we




19:19:51 are going to use the same aerial that we just used.

19:20:00 We are now in the front portion of this property.

19:20:03 This is all zoned CG property.

19:20:16 I will let Mr. Bentley speak to the proposed use for

19:20:19 which this will serve, but it does include -- okay,

19:20:36 this is the line I want them to remove.

19:20:39 It runs right through the building.

19:20:41 Bull the area we are talking about, the alcoholic

19:20:42 beverage sales is this area within the building.

19:20:45 And then this area outside of the building.

19:20:52 The picture there has the outside canopy that's going

19:20:56 to be removed.

19:21:04 Staff is available for any questions.

19:21:13 >>MARY MULHERN: Abbye, did you give us the zoning

19:21:23 atlas for this one?

19:21:26 >>ABBYE FEELEY: There is no atlas.

19:21:27 Special uses for alcohol, they don't do an atlas.

19:21:30 >> What I have is this overhead.

19:21:38 I can put up the overhead.

19:21:40 Thank you.

19:21:40 That's helpful.

19:21:41 Okay.




19:21:42 Does this include any of the rezoning that we just

19:21:47 voted on?

19:21:48 >> No, defendant's does not it.

19:21:50 That yellow line?

19:21:51 >> No, it does not.

19:21:53 >> The outdoor beverage is not part of that?

19:21:58 >> None of that is located within that area.

19:22:00 Nor it could be because that area is zoned residential.

19:22:03 Residential cannot be approved for alcoholic beverage

19:22:05 sales.

19:22:05 >> Okay.

19:22:10 Did I hear you talking about parking waivers?

19:22:13 >> Yes.

19:22:14 >> So we are talking about parking waivers?

19:22:20 >> Uh-huh.

19:22:22 >>MARY MULHERN: In relation to parking for this

19:22:25 establishment?

19:22:26 >> Uh-huh.

19:22:27 >>MARY MULHERN: And we just voted on parking, right?

19:22:30 >> You just approved to give them 25 spaces which they

19:22:34 did not have.

19:22:34 Yes.




19:22:35 >>MARY MULHERN: Why did we do that?

19:22:37 >> Because if not the waiver would be zero.

19:22:39 >>MARY MULHERN: How did we know that they needed that

19:22:43 parking lot when now --

19:22:44 >> Any commercial using that would occupy this property

19:22:48 would need a parking waiver.

19:22:49 >>MARY MULHERN: Never mind.

19:22:51 Thank you.

19:22:52 Any other questions?

19:22:54 Petitioner?

19:23:15 >>MARK BENTLEY: May I proceed?

19:24:03 You didn't start the meter running on me, did you?

19:24:06 >>MARY MULHERN: I'm not running the meter.

19:24:07 I was waiting for you.

19:24:08 >>MARK BENTLEY: Once again my name is Mark Bentley,

19:24:14 201 North Franklin Street, Tampa 33602.

19:24:17 I represent the applicant.

19:24:18 Now we'll tie everything we discussed previously

19:24:21 hopefully together and you will get the big picture how

19:24:24 the parking relates to the proposed use.

19:24:27 What the client intends to do for Southern Brewing and

19:24:31 wine making, they have an established business located




19:24:33 on Busch Boulevard east of Nebraska, and what they do

19:24:36 is they sell supplies and equipment for hobby or

19:24:42 enthusiasts who would like to make beer and wine at

19:24:45 home.

19:24:45 Councilman in and buy the equipment.

19:24:46 They show you how to use it.

19:24:48 Very popular.

19:24:48 Very successful.

19:24:49 So they found this property and they think from a

19:24:55 market standpoint it's an emerging area, kind of to

19:24:58 have beaten path, very unique use.

19:25:02 I really challenge you to find something like that

19:25:04 somewhere else in Tampa.

19:25:04 So here again what they intend to do is adaptive reuse

19:25:09 of that building, one adjacent to Nebraska, and here is

19:25:13 exactly what they do, is the primary use of the

19:25:15 property, the sales and supplies and equipment to craft

19:25:18 beer and wine, to give brewing classes, they will sell

19:25:24 cheese and coffee products, for example, raw coffee

19:25:27 beans that you can roast at home.

19:25:29 There's going to be a microbrewery.

19:25:31 I will show you in a second.




19:25:32 A very small component.

19:25:35 Internally about 250 square feet.

19:25:37 If you have ever been in old Hops restaurant, it's kind

19:25:39 of that magnitude.

19:25:40 There's going to be an outside beer garden including

19:25:43 bocci ball, shuffleboard, darts, with all the activity

19:25:46 pointed towards Nebraska Avenue.

19:25:49 It's going to be an inside bar, tasting area, A and

19:25:53 they are going to sell food.

19:25:56 It's not a restaurant but it's going to be light fare,

19:26:01 pizzas, sandwiches, wraps, things like that.

19:26:04 The principals who own the existing business, they are

19:26:07 relocating are Kelly, and Brian, they are in attendance

19:26:13 here.

19:26:13 These are small business people putting their life

19:26:16 savings on the line.

19:26:18 They have different careers and just kind of shows that

19:26:20 they have fallen in love with this type of business.

19:26:22 So even at the point where we are speaking right now,

19:26:25 not withstanding acquisition costs for the property,

19:26:27 about a half million dollars invested in just

19:26:30 conversion of the retail.




19:26:31 Okay?

19:26:32 So they have got a very carefully considered business

19:26:36 plan.

19:26:37 They think this is the right location for what they

19:26:39 intend to do.

19:26:40 And quite frankly, in this economic climate, you really

19:26:43 have to admire these people and the element of risk

19:26:46 they are assuming to kind of take this leap of faith in

19:26:48 that community.

19:26:51 In any event, back to way said at the beginning of the

19:26:54 presentation, from my perspective, this is exactly what

19:26:58 the City Council, okay, a lot of candidates were

19:27:01 promoting in connection with the last campaign.

19:27:03 They have a small businessman in this climate.

19:27:08 Emerging, redeveloping area, and trying to make a go at

19:27:11 it.

19:27:14 We talked about the Seminole Heights plan, and as I

19:27:16 mentioned the issue with the parking in the rear, and

19:27:19 Abbye clarified at the end of her presentation that if

19:27:23 we were subject to the Seminole Heights plan, which

19:27:26 should be implemented somewhere sometime in the fall,

19:27:29 from what I can gather, is we can get an administrative




19:27:32 waiver from the eight feet to 7.8.

19:27:36 So we wouldn't need to come before council for the six

19:27:39 or eight inches that we are talking about.

19:27:41 >>MARY MULHERN: Are you talking about the parking now

19:27:43 again?

19:27:46 >>MARK BENTLEY: Yes.

19:27:48 I mean, I'm trying to tie this whole thing together,

19:27:52 you know.

19:27:52 >>MARY MULHERN: Okay.

19:27:53 >>MARK BENTLEY: The comp plan, the city's code, they

19:28:00 encourage especially in urban village or mixed use

19:28:05 village, and not only adaptive reuse of property but

19:28:08 different types of transportation called mobility.

19:28:10 For example, in Seminole Heights, what they are

19:28:12 encouraging all these plans are alternative

19:28:16 transportation besides cars.

19:28:17 That's why it sounds like the magnitude of waiver is

19:28:19 pretty significant.

19:28:20 But we are kind of geared toward the neighborhood, and

19:28:23 we are talking about mass transit, bicycles.

19:28:26 We actually have a bicycle rack, pedestrian to the

19:28:33 establishment.




19:28:34 What we have on the overhead here is this is a picture

19:28:38 in the "St. Pete Times" a couple of days ago, and I

19:28:40 wasn't sure if you all have seen.

19:28:42 This it was talking about all the growth in the

19:28:45 Gulfport, the kind of restaurant row.

19:28:48 This is called peg's cantina A.and an outside brew

19:28:53 garden.

19:28:54 It's pretty similar to what the client is proposing

19:28:57 here.

19:29:00 Now, this is the site plan that you have.

19:29:10 What we have here is transportation objected to access

19:29:13 off Emma street.

19:29:14 The only way you can access this property is from Emma

19:29:17 street.

19:29:18 It's been historically access to this property which is

19:29:21 under one deed with this Seals Marine, always been

19:29:26 under one deed.

19:29:27 That's the only access point.

19:29:28 Okay.

19:29:29 So they always object if there's a waiver from

19:29:33 residential street.

19:29:34 Here again this lot, it's been used for, now, years and




19:29:37 years, this access point.

19:29:41 D.O.T. won't give us a cut-off Nebraska Avenue if you

19:29:44 have alternative access.

19:29:46 So nothing has changed.

19:29:49 We intend to use that.

19:29:49 But what you can see here is one of the original

19:29:50 concepts was to have what they call the beer garden

19:29:54 which I am pointing to here located more toward Emma.

19:29:58 Our client reached out to the community, especially Mr.

19:30:00 Reichwald, I believe, whenever he spoke and he had some

19:30:04 concerns.

19:30:05 So in response to his concerns the client redesigned

19:30:07 the project and reoriented the beer garden toward

19:30:11 Nebraska.

19:30:12 Okay.

19:30:13 Just being sensitive to Mr. Reichwald and I hope I said

19:30:18 his name right.

19:30:18 The principal use is a specialty retail of the

19:30:24 equipment, materials to manufacture beer and wine,

19:30:26 located in this area.

19:30:27 You can see the small area here, it says brewing area.

19:30:31 And that's the extent of the actual microbrewery, very




19:30:34 small.

19:30:35 The city considers it an accessory use.

19:30:37 Then you have the inside seating, and then you have got

19:30:41 some outside tables, and bocci ball and things that I

19:30:46 mentioned as well.

19:30:47 Now, I know a major issue with council in recent times

19:30:52 is hours of operation.

19:30:54 And I think you all are going like this.

19:30:56 I hope so.

19:31:01 Our client -- and I will pass this out to you.

19:31:04 You all just passed some amendments to the zoning code.

19:31:07 Maybe not the new council members, but I think maybe

19:31:10 right before.

19:31:15 And one of the changes was, if you were a special

19:31:18 restaurant, and you agreed to have a 4(COP) state SRX

19:31:23 with the license and you agreed to limit your hours of

19:31:28 operation voluntarily per what I provided you these

19:31:31 hours here, then you could actually get approved ath

19:31:34 administratively.

19:31:34 There would be no City Council approval.

19:31:36 So not withstanding the fact that my client obviously

19:31:39 is not a restaurant, although he's going to sell some




19:31:41 food, we agreed voluntarily, okay, to adhere to your

19:31:45 code as if we were a restaurant, okay?

19:31:48 So these hours are right out of your code, and this is

19:31:51 how would you treat a restaurant that would never even

19:31:54 have to come before City Council.

19:31:56 So they like to stay open longer.

19:31:58 Here again, just getting into the community, they want

19:32:02 to be a good neighbor so they are going to agree to

19:32:04 adhere to these hours of operation as if they were a

19:32:07 restaurant.

19:32:11 In terms support, both staff, your professional

19:32:15 planning staff have no objections to the proposal.

19:32:17 We agree with all conditions and recommendations of

19:32:19 your staff, and we have had a lot of support in the

19:32:23 audience, and maybe this is the more opportune time to

19:32:26 hear because now we have the alcohol issue on the

19:32:30 table.

19:32:30 So that's pretty much what we want to do, and I'm

19:32:34 trying to keep it brief.

19:32:35 But if you have any specific questions, let me know.

19:32:37 I mean, we made a real determined effort to keep all

19:32:40 the activity toward Nebraska.




19:32:44 And here again, it's a major arterial.

19:32:47 And the zoning and use north and south of the property

19:32:51 are commercial.

19:32:52 It's vacant to the west, okay, commercial to the south,

19:32:54 and obviously on the east side of Nebraska, and here

19:32:57 again Mr. Reichwald who moved into the property in

19:33:01 1983, I guess ten years after seals, whatever he was

19:33:04 doing, he purchased the property.

19:33:08 The client spoke with him and we redesigned the project

19:33:11 to accommodate his concerns.

19:33:12 So if you have any questions, I will try to answer.

19:33:14 Thank you.

19:33:14 >> I do, yes.

19:33:18 Mr. Bentley maybe can answer.

19:33:21 I didn't hear or maybe anything about any outdoor

19:33:31 music.

19:33:31 >> No, that's not what they want to do.

19:33:34 I mean, obviously, whether we are selling alcohol or

19:33:39 not we have to adhere to the city's noise ordinance,

19:33:41 the city's decibel measure at 10:00 measured at the

19:33:44 property line.

19:33:45 They are not in the music business.




19:33:47 They would like to have a guy out there like a Jimmy

19:33:49 buffet with a guitar and that type of thing.

19:33:52 >> Acoustic as opposed to amplified?

19:33:55 >> Yes.

19:33:56 As a condition that's not a problem.

19:33:59 >>YVONNE CAPIN: I'm not asking that as a condition.

19:34:01 I'm asking it as a question as to what they were

19:34:04 planning.

19:34:05 >> Well, just to get everything straight, they would

19:34:09 like to have outside music.

19:34:11 However, it wouldn't be amplified, okay?

19:34:13 And secondarily -- and goes without saying they have to

19:34:16 respect the city's zoning or noise ordinance.

19:34:20 >> So that would be acoustic.

19:34:23 >>MARK BENTLEY: Correct.

19:34:26 >>MARTIN SHELBY: Councilman Capin, as you know, with

19:34:31 regard to enforcement, in order for something to be

19:34:37 enforceable, it does have to be a condition on the site

19:34:39 plan.

19:34:40 And whatever representation might be said by the

19:34:42 petitioner at this point, it's with the understanding

19:34:44 that if it's not on the site plan, and the change is




19:34:48 somewhere down the line, what is said tonight would not

19:34:51 be enforceable.

19:34:53 So if Mr. Bentley would state -- it is not a specific

19:35:00 condition as it is now.

19:35:03 >> That's correct.

19:35:06 >>YVONNE CAPIN: Right.

19:35:06 I understand.

19:35:07 But I didn't want to imply I am adding any condition.

19:35:14 I was asking if that's what they want to add as a

19:35:18 condition, that would be --

19:35:22 >> We are on board with that.

19:35:24 We will make that a condition between first and second

19:35:26 reading, in a problem.

19:35:30 >>YVONNE CAPIN: Thank you.

19:35:30 >>MARY MULHERN: Anyone from the public who would like

19:35:34 to speak?

19:35:38 If you need to be sworn -- has everyone been sworn?

19:35:41 Okay.

19:35:42 If you could, maybe this side, if you are in favor of

19:35:51 the SU permitting, and this side if you are not in

19:35:56 favor of this petition.

19:35:59 >> Frank Roder, 908 east Louisiana Avenue in Tampa.




19:36:09 I am the vice-president of southeast Seminole Heights

19:36:11 civic association.

19:36:12 I'm here to speak tonight on behalf of the civic

19:36:15 association.

19:36:15 And we are in full-fledged support of this

19:36:17 recommendation.

19:36:18 We are excited to have a new business come on the west

19:36:24 Nebraska corridor and we really believe this business

19:36:26 will be a welcome addition.

19:36:28 So I am here to speak in favor of the motion.

19:36:30 >>MARY MULHERN: Thank you.

19:36:32 If we could alternate sides.

19:36:34 >> Richard Reichwald, 813 east Emma street.

19:36:42 I don't know if there's different types of liquor

19:36:46 licenses.

19:36:47 I don't know if there's a beer and wine, and then hard

19:36:50 liquor.

19:36:52 But I didn't hear anything mentioned about -- I just

19:36:55 heard them talking about beer and wine.

19:36:58 And quite honestly this is the way it was presented to

19:37:01 us.

19:37:01 I talked with Brian and Kelly, and it was just, you




19:37:05 know, as they said.

19:37:07 But now I notice on the zoning placard it mentions

19:37:12 liquor for on-site consumption as well as package

19:37:15 liquor for off-site consumption.

19:37:18 And I feel like, you know, with this being allowed, it

19:37:21 won't be too far in the future that this place will be

19:37:26 open till 3:00 in the morning, businesses have a

19:37:29 tendency to want to maximize their profits, and things

19:37:32 like this tend to get bumped up, and this is a real

19:37:35 concern of mine.

19:37:37 It's just going to be beer and wine.

19:37:39 On the north side of this property, on Nebraska,

19:37:44 there's duplexes.

19:37:45 There's residential, you know.

19:37:47 People live in those.

19:37:48 And that's right up against the fence.

19:37:50 They have no backyard.

19:37:53 They step out their back door, and they are looking

19:37:55 into the area that they want to have all these outdoor

19:37:58 activities.

19:38:00 There's also, you know, action you go down the street,

19:38:03 there's houses within probably one hundred feet, in the




19:38:07 living room to this area, that they want to have the

19:38:10 outside activities.

19:38:12 You know, these aren't pointed out sometimes on

19:38:19 topographical maps.

19:38:20 But there is people living all around this piece of

19:38:24 property to where they will be affected and the liquor

19:38:25 portion is what bothers me.

19:38:28 Bars are open so late.

19:38:29 They close.

19:38:30 But liquor tends to be stay open later.

19:38:32 It brings in a different crowd.

19:38:34 And there's other concerns that we have.

19:38:39 All right.

19:38:39 Thank you.

19:38:39 >> Thank you.

19:38:42 Next.

19:38:42 >> Dominick.

19:38:50 I do a lot of training in vending for restaurant and

19:38:54 I'm happy to see the culinary open.

19:39:00 We were in front of you.

19:39:03 We are very pleased that you guys are here to help and

19:39:06 support the restaurant, tours that are making huge




19:39:10 investments in our community.

19:39:10 As far as the liquor license goes, restaurants have a

19:39:15 small margin of profit without that liquor, without

19:39:17 that beverage.

19:39:19 I'm very happy to say, I'm much safer to walk around my

19:39:24 block with it open on the corner.

19:39:27 People being on the street in front of the community

19:39:29 that helps clean up the neighborhood.

19:39:31 And I'm very happy to say that that's benefited us on

19:39:35 Nebraska, and has benefited to Florida Avenue, the

19:39:38 refinery has benefited to Florida Avenue, and I'm more

19:39:43 than happy and more than looking forward to seeing that

19:39:46 end of Nebraska Avenue be cleaned up.

19:39:50 A vacant lot brings trouble.

19:39:57 Please help this business open and operate.

19:39:59 They are not asking you for something that's outside

19:40:01 any normal restaurateurs.

19:40:04 They are not asking for things outside the normal zone

19:40:06 of business hours.

19:40:08 I'm here to hopefully see that you are in favor of

19:40:11 this.

19:40:12 Thank you.




19:40:12 >>MARY MULHERN: We have a long night ahead of us.

19:40:20 We have a lot of people standing out that so you can

19:40:26 speak for three minutes.

19:40:27 If you heard your argument already made, we wouldn't

19:40:30 mind if you didn't repeat what you have already heard.

19:40:32 We have a number of other cases that we still have to

19:40:34 hear tonight.

19:40:35 So I am just asking that people make it as brief as you

19:40:38 feel you can.

19:40:40 Thank you.

19:40:40 >> Jim bared, 807 east Emma street the last 22 years,

19:40:50 I'm not speaking for or against.

19:40:53 I'm just speaking as a business.

19:40:54 I am in favor of having a business move into that

19:40:58 building.

19:40:59 And like you earlier, I was concerned about the

19:41:02 parking, and how it might affect the street.

19:41:07 And since the entrance to the parking area comes right

19:41:10 off of our street, I am going to be concerned about

19:41:12 that.

19:41:14 Because even though we don't have a business active

19:41:18 now, we do have a lot of traffic comes down through the




19:41:21 street from time to time that the is traveling from one

19:41:25 location to another using Emma street to get there.

19:41:28 And we do have a couple of families that do have

19:41:31 children, and so that's a concern.

19:41:34 My other concern is about the business itself.

19:41:37 I have talked to the owners.

19:41:39 And I don't see a problem so much with the business as

19:41:43 with a product, and the type of clientele it might

19:41:48 eventually draw to the area.

19:41:49 Having an open business that draws people in,

19:41:54 hopefully, the people drawn in will be people with a

19:41:58 little bit more concern than the neighborhood than

19:42:03 somebody location that serves alcohol.

19:42:08 The outdoor entertainment is also a concern of mine.

19:42:10 So most what I am talking about is going to be concerns

19:42:13 that you as the council have to address.

19:42:16 If they do stay open long hours, and the noise level is

19:42:21 of such high pitch that affects the neighbors, the

19:42:27 council may not be able to address it by the laws that

19:42:32 they have in place because you really don't understand

19:42:34 how noise travels sometimes in a neighborhood.

19:42:39 Noise can come into our neighborhood from several




19:42:42 streets away, and we don't know where it's coming from

19:42:46 but you can hear just a little bit of that noise that

19:42:48 makes it as far as our neighborhood, especially on a

19:42:52 cold, quiet night.

19:42:55 It really makes the sound travel.

19:42:58 So that's a concern.

19:42:59 As far as the business itself, I speak in favor of

19:43:03 having a business there.

19:43:05 But I do wish -- the other concern should be addressed

19:43:09 by the council before the if final vote is put in.

19:43:12 Thank you.

19:43:12 >>MARY MULHERN: Thank you.

19:43:13 Next.

19:43:14 >> My name is Brian Wing, 6236 Avenue court.

19:43:23 Thank you for hearing us tonight.

19:43:24 I'm here to speak in support of Southern Brewing wine

19:43:27 making's petition.

19:43:29 I am a long-term customer and employee now at the

19:43:32 business.

19:43:34 I have been working with them quite some time at the

19:43:36 Busch location and we are really excited to see this

19:43:38 move into Seminole Heights, and this new community and




19:43:41 new opportunity for us.

19:43:42 I would like to speak quickly about the stigma that is

19:43:46 sometimes attached to alcohol and package sales and

19:43:49 that sort of thing, and the community members have

19:43:50 raised a valid concern about the types of customers,

19:43:53 the types of clientele that it brings in.

19:43:55 And I think you will see that from some of the support

19:43:57 behind me that as a home wine making store, we T people

19:44:05 who come to shop with us and sample beer, and the best

19:44:09 case scenario to buy beer are there in a different

19:44:12 capacity than a regular bar.

19:44:14 These are people who are really interested in the art

19:44:16 of home brewing, if you will.

19:44:18 Wine making as well.

19:44:20 And you attract a much more mature outlook on alcohol,

19:44:24 its use.

19:44:25 Like I said, sometimes when you hear alcohol, you get a

19:44:28 little worried about what that's going to bring.

19:44:30 And I think you will see from the people behind me that

19:44:34 you have people who are really interested in being a

19:44:35 positive part of the community, and also enjoying the

19:44:39 ability to make their own beer or wine.




19:44:42 And so I hope you will hear that from the folks behind

19:44:44 me as well.

19:44:45 Thank you very much.

19:44:45 >>MARY MULHERN: Thank you.

19:44:48 >> My name is Yvette Pinero, Emma Street, and I am here

19:44:59 to express my concern against this business.

19:45:03 I have been there on Emma street for over 20 years, and

19:45:08 Nebraska Avenue had a notorious reputation of

19:45:14 prostitution, drugs and violence, and the Tampa police

19:45:19 station and neighborhood watch association, the

19:45:21 neighborhood has improved immensely, and my concern is

19:45:25 that this type of business on the corner of Nebraska

19:45:28 Avenue so close to residential property is going to

19:45:36 damage the neighborhood again.

19:45:38 We are going to start looking into crimes and danger.

19:45:41 The street is a small street, but it has children, it's

19:45:46 a close-knit neighborhood, and the traffic, I think, is

19:45:52 going to be also very disturbing.

19:45:56 Another comment I wanted to make was the City Council,

19:46:02 and Mr. Bentley said that City Council has encouraged

19:46:05 small business development, and that's good.

19:46:08 But my point is, why does the business have to be




19:46:12 related to alcohol and beer?

19:46:13 Why not build something that's more constructive, maybe

19:46:19 a daycare center, a tutoring children for children

19:46:24 instead of beer, alcohol, music, and that's going to

19:46:28 cause a very dangerous environment.

19:46:30 Thank you.

19:46:30 >>MARY MULHERN: Thank you.

19:46:32 Next.

19:46:32 >> My name is Jeremy Wing, 16239 enclave village drive

19:46:40 in Tampa.

19:46:40 I'm the manager at Southern Brewing.

19:46:44 I will be very brief but my brother happened to cover

19:46:46 pretty much everything I wanted to say.

19:46:49 But I want to speak again to the clientele but also to

19:46:51 the community that crafts beer and brewing and wine

19:46:54 making, kind of provided in the Tampa area.

19:46:58 We have very large requests throughout the bay area,

19:47:02 and we are lucky that our location can draw a lot of

19:47:05 those people in.

19:47:06 And I think we talk about the independent -- things in

19:47:11 that area, and I think we have an opportunity for a

19:47:14 network effect, where bringing this crowd of




19:47:17 passionate, respectable people in, will only do gad for

19:47:21 all the rest of the businesses in the area.

19:47:23 Exposure to any small shops, things like that, that

19:47:26 maybe somebody like myself or a shopper that we have

19:47:29 from further out of town didn't know exists maybe in

19:47:32 the first place.

19:47:33 And these are the kinds of people that we want.

19:47:37 I want to really speak to the kind of the character and

19:47:40 the customer, clientele that we actually have with us

19:47:43 right now.

19:47:44 You know, they are not degenerates, they are not scary

19:47:48 people.

19:47:49 These are people that are excited about small business,

19:47:51 and community, and that's important to them.

19:47:54 Thanks.

19:47:54 >>MARY MULHERN: Thank you.

19:47:59 >> Chery Chauke, 802 east Emma street.

19:48:07 I have been there 15, 16 years.

19:48:09 The crime rate has decreased so we have not seen a lot

19:48:12 of crime in our area.

19:48:13 And that's my main concern.

19:48:15 It's not the brig in the business.




19:48:17 That's fine.

19:48:18 But it's the alcohol part that I'm concerned with.

19:48:20 Because even -- we work in that community.

19:48:26 And we need to be productive the next day on our job.

19:48:30 And my daycare is 24 hours and we have had people to

19:48:33 just move in the neighborhood because we are very close

19:48:36 knit, that we know our neighbors.

19:48:38 We know that you live there or don't live there.

19:48:40 And it's very quiet.

19:48:41 So when you work and you have neighbors -- we have

19:48:45 neighbors to move in like one house in the area, and

19:48:48 they bring in a lot of music and we can't get any

19:48:53 sleep, we can't get any rest because we are not adapted

19:48:56 to that type of lifestyle.

19:48:58 And to keep Seminole Heights quiet and relaxed, and

19:49:01 like I say we work in the community, and we have senior

19:49:04 citizens in the area, and his house is not -- it's

19:49:10 almost sitting on the property.

19:49:12 The only thing that separates the property is the

19:49:15 street and that's my concern because when people drink

19:49:18 they do get loud.

19:49:19 And where we have alcohol it cause as lot of crime, and




19:49:23 our area, the crime is down.

19:49:26 I looked at the activities of the drugs, looked at the

19:49:29 activities of the things going on there in the

19:49:33 neighborhood, and this is not helping it.

19:49:35 And we don't want it back.

19:49:37 We consider when you make this decision, we live there.

19:49:40 And we would love to have that place rebuilt, set up

19:49:45 looking nice, and yes, go eat or whatever.

19:49:47 So it's not that we don't want in the our area.

19:49:50 It's a matter we don't want to deal with the crime

19:49:53 again, we don't want to deal with the prostitution

19:49:55 again.

19:49:56 We just want to the stay the same.

19:49:57 >>MARY MULHERN: Thank you.

19:50:02 Next.

19:50:02 >> My name is mark Mueller, 716 west Ohio.

19:50:07 I'm neighbors with the Mockers.

19:50:11 I'm a friend of theirs and a customer of there's, so

19:50:16 like a character witness, I can look across the street.

19:50:19 These people are not going to open a seedy business in

19:50:22 a neighborhood.

19:50:22 They are going to enhance that neighborhood.




19:50:31 Oh, the craft brewery.

19:50:32 I have been to a bunch of microbreweries, and I drink

19:50:35 beer.

19:50:36 I have never seen prostitute hanging out or drug addict

19:50:39 hanging out in microbreweries.

19:50:41 As I said before, it's a different group of people.

19:50:44 It's about the beer, and making the beer and enjoying

19:50:48 beer.

19:50:48 Okay.

19:50:49 Thank you.

19:50:49 >> Susan Long, 920 east broad.

19:50:58 Southeast Seminole Heights, an e-mail she sent you

19:51:03 about but I don't think it went out till like a quarter

19:51:06 to five.

19:51:07 It says dear council: Southeast Seminole Heights is

19:51:10 fortunate enough to be selected as the site for the

19:51:12 Southern Brewing and wine making.

19:51:14 We are anxious to have them as a Nebraska corridor

19:51:16 business and wish to express our support for their

19:51:18 business.

19:51:18 We understand they are coming before you this evening

19:51:20 for it would be separate issues, the first zoning




19:51:22 change to allow the microbrewery.

19:51:25 We wish to go on record as strongly supporting it.

19:51:27 The second item on the agenda is the wet zoning.

19:51:30 While we have no objections to the basic wet zoning, I

19:51:33 understand, we do want to be integrate into the

19:51:37 neighborhood easily.

19:51:38 Thus we have a few questions.

19:51:39 There seems to a bit of confusion on the plot plan

19:51:42 submitted to southeast Seminole Heights.

19:51:44 It was noted there's a COP requested and the COP for

19:51:48 the on-site.

19:51:51 However the paperwork we received only indicates a

19:51:54 4(COP).

19:51:55 We would like to have this clarified.

19:51:56 We have some concern about a wet zoning for an open

19:52:00 parking area.

19:52:01 Our concern is not with the anticipated use of the

19:52:04 brewery but rather what might happen with the zoning of

19:52:08 the property when it changes hands.

19:52:10 She's referring to the beer garden.

19:52:13 I am taking the liberty of attaching a letter to the

19:52:16 brewery's owners that -- attorneys that expresses




19:52:20 several concerns that are not actually related to the

19:52:22 wet zoning but rather to hours, et.

19:52:26 She says two members will be here, thank you for your

19:52:29 service, et cetera.

19:52:30 The questions that were raised in the attached letter

19:52:33 are the applicant is asking for a significant reduction

19:52:36 in parking.

19:52:37 Is there expectations for the need for additional

19:52:41 parking spaces on the owner's part?

19:52:43 What are your plans to deal with overflow parking?

19:52:46 Will there be any sort of amplification-we heard about

19:52:51 this, but the sound buffering to the residential, there

19:52:54 are apartments adjacent and homes.

19:52:57 I'm not sure solid fence and vines really do that.

19:53:01 The pedestrian -- pedestrian bike issues, encroaching

19:53:07 into the pedestrian way along Emma looks like it could

19:53:09 be moved a few feet inside the property.

19:53:11 Could you do that?

19:53:12 Also the bike racks appears to be hidden from view.

19:53:15 I wonder why it would not be in a more visible location

19:53:18 to encourage its use and discourage theft.

19:53:21 I know people are excited that vacant buildings be




19:53:25 utilized so there will be some give and take,

19:53:28 blah-blah-blah.

19:53:29 But I wanted to read that into the record.

19:53:31 He has mentioned his hours.

19:53:34 His hours would be great if he would be willing to put

19:53:37 those, a restriction on those, because what we consider

19:53:42 to be very reasonable hours for something right into

19:53:44 residential right across the street from residential.

19:53:46 Thank you.

19:53:46 >>MARY MULHERN: Mrs. Long, diabetes you meet with the

19:53:51 petitioner about any of these?

19:53:52 >> I did not.

19:53:53 I was contacted this morning.

19:53:55 Sherri Simon said her land use committee, the second

19:54:00 letter was Tom Moore, and he attempted to contact them

19:54:03 and received no response, but let me clarify that.

19:54:06 That letter went out sometime yesterday.

19:54:09 Not that he didn't get a response.

19:54:11 Maybe a time issue as opposed to whatever.

19:54:13 >>MARY MULHERN: Okay, thank you.

19:54:14 Next.

19:54:14 >> My name is Michael Fouch.




19:54:27 I came here for two reasons.

19:54:29 First I have lived in Seminole Heights for 12 years,

19:54:31 and the wet zonings, have recently occurred with front

19:54:36 porch, independent, Kathy's, made our neighborhood a

19:54:41 much nicer place to live, less prostitution, less

19:54:44 desirable criminal activities going on.

19:54:48 I have no doubt that this will only continue to help in

19:54:51 this area.

19:54:52 The second reason I'm here is I'm a customer of

19:54:55 Southern Brewing supplies, a home brewer, been brewing

19:55:00 beer for 20 years, and Mr. Bentley said he would

19:55:03 challenge you to find a business like this anyplace in

19:55:05 Tampa.

19:55:06 I would challenge you probably find anything in the

19:55:08 southeast.

19:55:09 There's probably six or seven of these in the nation,

19:55:13 and places like St. Paul, Minnesota, and in Portland,

19:55:18 Oregon, Austin, Texas.

19:55:20 That's what we are talking about.

19:55:22 These are the kind of people of that would be coming to

19:55:24 this place.

19:55:25 They are beer geeks.




19:55:26 They are not rowdies.

19:55:28 So definitely would put my support behind them.

19:55:31 Also Brian Kelly and I are good friends and I have no

19:55:37 doubt they will do their civic duty and protect our

19:55:39 community.

19:55:40 Thanks.

19:55:40 >>MARY MULHERN: Thank you.

19:55:41 >> Good evening.

19:55:47 I'm Vivian Boswell. I live at 813 East Emma which is

19:55:52 right across the street.

19:55:53 And mine is actually a question.

19:55:55 I am not up here to say aye or nay.

19:55:57 But I have a question. because I have lived in that

19:56:00 house for 30 years.

19:56:01 I have three children.

19:56:03 And yes, indeed, it sounds like a wonderful type

19:56:07 business, but my concern is this type, what I am trying

19:56:15 to ask you, if there's different types of beer and

19:56:20 liquor things that you can give them, because this says

19:56:26 beer, wine and liquor consumption.

19:56:28 And my concern is if they get zoned for this, and they

19:56:32 get a beer, wine and liquor consumption, they might be




19:56:37 a wonderful business, a wonderful asset to our

19:56:40 neighborhood, but say their business, God forbid,

19:56:45 bellies up, the economy -- something happens and they

19:56:47 belly up, they sell it.

19:56:49 Well, then is that going to make it where then we can

19:56:52 have a club or a full-fledged place to already be

19:56:58 grandfathered in?

19:56:59 Because they will already have had this license given

19:57:04 to them where they can have liquor.

19:57:06 I mean, I have a daughter who comes home at all

19:57:09 different hours and stuff, and it doesn't sound like

19:57:11 there would be an issue with their preppy type

19:57:17 business, but then a few years down the road, if this

19:57:21 business fails, then that's going to open a flood gate,

19:57:25 in my concern, for maybe a club or something that would

19:57:29 attract the low life like he was saying this one

19:57:33 doesn't attract.

19:57:33 And that was my only point I wanted to make.

19:57:36 Thank you.

19:57:36 >>MARY MULHERN: Thank you.

19:57:38 I don't think beer nerds are preppy.

19:57:41 [ Laughter ]




19:57:43 We have got to stop the stereotype right here.

19:57:46 >> Tyler Page.

19:57:50 I'm a homeowner.

19:57:52 I wanted to share my support for the Southern Brewing.

19:57:56 I feel only good things will come from this business in

19:57:59 our neighborhood and help develop Seminole Heights

19:58:02 area.

19:58:03 I'm really looking forward to it.

19:58:08 Thank you.

19:58:08 >>MARY MULHERN: Thank you.

19:58:09 >> My name is Crystina Bronk, 5107 North Tampa Street,

19:58:18 so I am a resident very near the area, and also a

19:58:21 client of Southern Brewing.

19:58:22 And here to just say to you, yes, this business is an

19:58:25 exceptional opportunity.

19:58:27 I drive this stretch of road every single day.

19:58:32 The best way to describe the street is an eyesore.

19:58:35 There's buildings -- this building, this business can

19:58:39 only help it.

19:58:40 Even though it's been reiterated again and again, the

19:58:43 majority of focus for adding the liquor is if you look

19:58:46 at a group of seven or eight people there's going to be




19:58:49 one that doesn't drink beer and wine, they are simply

19:58:54 trying to be nonexclusionary.

19:58:54 I think this will only help our community.

19:58:55 Thank you.

19:58:56 >>MARY MULHERN: Thank you.

19:58:59 Next.

19:59:00 I think we have had -- if anyone else is going to speak

19:59:04 on this, I would ask people to stand up.

19:59:07 So this is it.

19:59:08 If you are not standing up, please go ahead.

19:59:12 Anyone else on this issue, you had your opportunity.

19:59:16 Stand up right now if you plan to speak.

19:59:21 You need to be sworn in?

19:59:23 Does anyone else need to be sworn in for this or any

19:59:26 other hearing tonight that you would like to speak on?

19:59:30 (Oath administered by Clerk)

19:59:35 >> Chris Johnson, 6121 Chinook court.

19:59:40 I don't live in the area, but I frequent all the

19:59:45 restaurants that are down in Seminole Heights now.

19:59:48 And I think they are all a great addition.

19:59:54 An amazing place to eat.

19:59:55 Parking is an issue there




19:59:59 I just hope that you will consider their request to

20:00:03 open up a business.

20:00:05 I frequent their business now over in Busch Boulevard.

20:00:09 And it's a little further drive, but that's okay.

20:00:13 I think the expansion will be nights.

20:00:16 Pleas consider their zoning.

20:00:18 >>MARY MULHERN: Thank you.

20:00:20 >> Good evening.

20:00:24 My name is -- Hart, and my husband and I own Curtis

20:00:28 landscape, and I didn't plan on speaking but I just

20:00:31 wanted to bring the fact up that I know alcohol,

20:00:36 there's an issue with the parking but I want you to be

20:00:38 know it already has helped another bits, which is our

20:00:40 business.

20:00:41 And if we didn't have the help of Brian and Kelly, we

20:00:45 would not have a landscaping business.

20:00:47 And also I live in the City of Tampa as well, and they

20:00:55 talk about the prostitution and the different things

20:00:56 that are in the area.

20:00:57 But I have noticed that a lot of things with

20:01:00 landscaping and stuff that they would cut down some of

20:01:04 the brush and do some other things because we have a




20:01:06 landscaping company in the area that would help as

20:01:08 well, and it would bring business as well; and you

20:01:11 wouldn't have those type of prostitution problems, or

20:01:13 the different people that are coming in the area

20:01:16 because of the fact you are taking care of your homes

20:01:18 and making sure your yard is cut, your weeds, and

20:01:21 things like that.

20:01:22 So Brian and Kelly has already helped another company,

20:01:26 and that's our company, and that's what we want to do

20:01:28 to be able to put some landscaping there to be able to

20:01:31 bring and give other areas that bring ideas for them to

20:01:39 be able to come into the community.

20:01:41 So they may want a company.

20:01:43 They have a company there.

20:01:44 They want to open, and I support that, but also look at

20:01:47 the fact that they have already helped another company

20:01:49 as well.

20:01:50 >>MARY MULHERN: Thank you.

20:02:00 >>ABBYE FEELEY: Land Development Coordination.

20:02:02 I just want to clarify a few things before Mr. Bentley

20:02:05 gives his closing argument in case you have any

20:02:07 questions.




20:02:07 The beer, wine and liquor part of the liquor is some of

20:02:10 the products that they sell for the beer making exceeds

20:02:13 the allowable percentage that falls under the typical

20:02:18 beer.

20:02:19 So that's why it is categorized as liquor, because the

20:02:22 hops that exceeds the allowable percentage of alcohol,

20:02:25 that's one of the reasons for the containment.

20:02:29 There is a note, couple notes on your site plan that

20:02:33 does condition the use, that I failed to go over,

20:02:35 number 32 says package sales for consumption off

20:02:39 premises would be limited to beer and wine only, no

20:02:42 package sales of liquor would be permitted.

20:02:46 Also, number 33, the hours of operation, that is listed

20:02:49 on there as well.

20:02:51 So I did want to clarify the other item.

20:02:53 I did want to clarify they mention add 4(COP), at the

20:02:58 time this application came in was prior to you adopting

20:03:01 your regulations so it did come in as a 4(COP), was

20:03:04 then amended to fall under your new regulations and

20:03:07 that is now what the law is before them.

20:03:09 So I did want to make this modification.

20:03:11 >>MARY MULHERN: Does anyone have been any questions




20:03:15 for staff before?

20:03:19 I did have a question for you, for you before we get

20:03:25 into this.

20:03:28 It's the hops that has the alcohol content?

20:03:34 >> The definition of beer and wine, I think it's 14% or

20:03:38 12%, off the top of my head, and that would exceed it

20:03:41 and that's why it's been classified in the liquor

20:03:43 category investigate the typical beer category.

20:03:46 And in order to cover them from the state licensing

20:03:49 perspective, they would need to have that.

20:03:51 >>MARY MULHERN: But that would be for sale for use off

20:03:57 premises, the hops, right?

20:04:01 >> Right, but it's not in a distilled form.

20:04:05 So -- but it wouldn't be bottles of crown going down

20:04:11 out the door.

20:04:12 >>MARY MULHERN: But that doesn't make sense, because

20:04:14 you have got -- how is -- how is that covered in these

20:04:22 notes on the site plan?

20:04:25 Because you are saying you can't sell package liquor,

20:04:31 but you can sell that.

20:04:33 Pack allege sale of liquor is typically a bottle it.

20:04:38 A bottle of bourbon, bottle of Scotch.




20:04:40 The hops is not in a liquor form.

20:04:42 It is categorized because of its percentage.

20:04:44 >>MARY MULHERN: I don't understand this as a solution.

20:04:52 There's got to be another solution between selling this

20:04:54 product, which isn't for consumption, or off premises,

20:05:01 and giving them a license to sell alcohol.

20:05:07 I mean, where is that -- where does this say in here

20:05:14 that they can't -- I don't know.

20:05:19 >> I'm not saying they can't sell liquor on property.

20:05:22 I'm saying one of the reasons why this application is

20:05:25 in the form as a beer, wine and liquor is the products

20:05:28 that they are selling exceed the allowable --

20:05:32 >>MARY MULHERN: Thank you for clarifying that, but

20:05:34 this special use permit would allow them to sell

20:05:37 alcohol on premises then.

20:05:39 >>ABBYE FEELEY: On premises.

20:05:41 >>MARY MULHERN: Thank you.

20:05:42 Mr. Bentley?

20:05:43 >>MARK BENTLEY: Just a clarification on the hops and

20:05:50 the percentage of alcohol.

20:05:52 >>MARY MULHERN: I'm sorry, did you a question for

20:05:54 staff?




20:05:57 >>YVONNE CAPIN: No.

20:05:57 For Bennett.

20:05:58 I mean Mr -- sorry.

20:06:00 >>MARY MULHERN: Did anyone else have a question for

20:06:02 staff?

20:06:03 Okay.

20:06:08 A question for staff?

20:06:11 I'm sorry.

20:06:11 >>LISA MONTELIONE: This is something that Mrs. Long

20:06:15 brought up in one of her letters that she read into the

20:06:19 record earlier.

20:06:20 Just to clarify for everyone.

20:06:21 The area that is going to be permitted for the

20:06:25 alcoholic beverage use, I heard in one of those

20:06:30 letters -- and correct me if I am wrong, Mrs. Long -- I

20:06:33 heard in one of those e-mails that they were concerned

20:06:35 about the parking, the parking area being permitted for

20:06:39 consumption of alcoholic beverages?

20:06:46 >>MARY MULHERN: I'm sorry, your question is for?

20:06:48 >>LISA MONTELIONE: For Abbye.

20:06:49 >>MARY MULHERN: So I just want Abbye to identify on

20:06:52 the site plan for everyone where the alcoholic beverage




20:06:56 would apply.

20:07:17 Thank you.

20:07:17 So within those boundaries is where alcohol --

20:07:27 >> Councilwoman, I'm sorry.

20:07:29 >>MARY MULHERN: That's all right.

20:07:31 Let's get this right.

20:07:32 >> It is this entire area so it would be this property

20:07:47 line on Nebraska.

20:07:49 And then to the center line of the vacated alley.

20:07:53 And then that new parking area.

20:07:56 So it is all the property line.

20:07:57 >>MARY MULHERN: And the way I'm --

20:08:03 >>LISA MONTELIONE: And take way I'm looking at the

20:08:05 site plan -- I know you have a different one there.

20:08:15 Let me put up a clean one.

20:08:17 >> None of that area is shown to be parking area.

20:08:25 But a fountain, a wrought iron fence, shuffleboard

20:08:29 recreation area.

20:08:30 This is all in the building that dark line.

20:08:33 >> When renovations are completed and once all the

20:08:37 landscaping or the fountain or the areas for the

20:08:42 completion of the operation of the business.




20:08:43 None of it the parking.

20:08:46 All of it will either be a patio area, or it will be --

20:08:52 >> Bike parking.

20:08:55 There's a bike rack.

20:08:57 >> There will be a -- it won't be automobiles.

20:09:05 I want to be precise.

20:09:06 I don't want to put anyone under the wrong impression.

20:09:08 >> But speaking to a subject close to my heart,

20:09:14 alternative mode of transportation.

20:09:16 Okay.

20:09:21 And I think there is a gray area about the liquor

20:09:27 content of the process, and the substances that are

20:09:33 used in the --

20:09:38 >> You know, I'm not a chemist.

20:09:39 And I don't know the desires of council.

20:09:41 And should it be council's desire that you want to

20:09:44 exclude other things, you could ask petitioner, you

20:09:46 know, you can limit distilled liquor, distilled liquor

20:09:51 is typical liquor, bourbon, whiskey, that.

20:09:55 That would still allow them the hops and the other

20:09:57 things.

20:09:58 But if you limited the distilled liquor on the




20:10:00 property, that would limit the liquor sales.

20:10:03 And it would be beer and wine.

20:10:05 And then they could still sell their product.

20:10:08 I don't know Wan the desire of council is.

20:10:09 >> Listening to the individuals from the community who

20:10:14 spoke in opposition, I don't know that identifying just

20:10:20 malt, beverages like Scotch or whatever, some of the

20:10:25 other ones are, bourbon, I don't think it's an overall

20:10:30 alcohol issue that they have about just having it.

20:10:37 But the concerns that the neighbors had in another

20:10:43 sense is that if this business were just to cease to

20:10:49 exist works this application be available for the next

20:10:52 person who came in and bought the property?

20:10:55 >> The way the site plan is currently written, it does

20:10:59 say -- and you can look at it on the top here,

20:11:06 microbrewery and wine making as accessory use and CG

20:11:10 uses.

20:11:11 Yes, other uses came in and they were allowable CG uses

20:11:14 would this alcohol be applicable to them?

20:11:16 Yes.

20:11:17 Would it the desire of council to limit to the that and

20:11:20 ask the applicant if he would be open to that?




20:11:22 Could you ask or motion that that part be removed.

20:11:25 >> Thank you.

20:11:29 >> I am going to recognize other council members but I

20:11:32 want to be ask you a procedural question at this point,

20:11:34 because earlier you didn't -- you wanted us to ask you

20:11:40 all of our questions before the petitioner gave the

20:11:43 rebuttal.

20:11:44 So, yes, Mr. Bentley, I was going to suggest you sit

20:11:47 down, because I think we have a number of questions.

20:11:50 So Councilwoman Capin, and Councilman Suarez.

20:11:55 >> I think you have answered my question.

20:11:57 I just want to clarify.

20:11:58 We can ask for stipulations that no distilled liquor is

20:12:01 sold or consumed at the location, correct?

20:12:05 And --

20:12:06 >> Yes, sir.

20:12:07 >>MIKE SUAREZ: But if there are any future use, that

20:12:11 particular petitioner who owns that property would have

20:12:13 to come back to council in order to allow for

20:12:16 distilled --

20:12:20 >> Yes, sir.

20:12:20 >> That's what I need too know.




20:12:22 >>YVONNE CAPIN: And to add to that, that would be a

20:12:24 condition?

20:12:25 >>ABBYE FEELEY: That would be a council condition that

20:12:28 you would be asking the applicant if they would be

20:12:30 amenable to that condition, and then that condition

20:12:32 could be placed on the plan between first and second

20:12:35 reading at your direction.

20:12:37 >>YVONNE CAPIN: Okay.

20:12:37 That is a condition.

20:12:38 Just -- I wanted to remember, what is the business

20:12:44 across the street?

20:12:45 What is there?

20:12:47 We are looking at the parking.

20:12:48 I just wanted to --

20:12:52 >> Which way?

20:12:53 On the east side of Nebraska?

20:12:57 >>YVONNE CAPIN: On Nebraska.

20:12:58 >>ABBYE FEELEY: Let me kind of orient you.

20:13:10 Down in this quadrant here, diagonal, is the family

20:13:14 dollar mega supermarket strip center.

20:13:18 >> Mega supermarket?

20:13:25 >> Yes.




20:13:27 In this corner here, there are some business

20:13:29 professional offices that appears in some other uses.

20:13:33 This is an insurance office.

20:13:34 This is directly across.

20:13:36 So right here.

20:13:44 There's a little closer look at that.

20:13:45 And then just to the south, now there is this parking

20:13:48 lot.

20:13:49 That's there.

20:13:49 And then just to the south of there, there's a beauty

20:13:52 supply.

20:13:52 I mean, this is older commercial.

20:13:54 You can see that was oriented to the street and built

20:13:58 that way historically.

20:14:03 >>YVONNE CAPIN: That helps.

20:14:03 Thank you.

20:14:03 >>ABBYE FEELEY: You're welcome.

20:14:06 >>MARY MULHERN: I'm sorry, I have a couple of

20:14:09 questions.

20:14:10 I will try to get them out.

20:14:11 Way before the rebuttal.

20:14:13 So what is the deal with this, the dumpster?




20:14:25 There is a question about the dumpster being on the ...

20:14:39 >>ABBYE FEELEY: He could talk to you about that.

20:14:41 >>MARY MULHERN: If you could just show me where it is

20:14:43 on this.

20:14:44 >>> It's right here.

20:14:45 >>MARY MULHERN: It looks like it's protruding.

20:14:48 Okay.

20:14:49 Protruding --

20:14:52 >>> No, the property line is here.

20:14:54 The enclosure is set back off that property line.

20:15:02 There are requested revisions.

20:15:05 This would be its location.

20:15:06 >> Vince, solid waste.

20:15:14 >>MARY MULHERN: The location is the way it's drawn on

20:15:16 here?

20:15:16 >> The enclosure was shifted a little more towards the

20:15:19 property line, to the angle.

20:15:21 So it's approximately three feet in, four feet in from

20:15:26 the property line.

20:15:27 >>MARY MULHERN: Okay, but is it -- on the sidewalk?

20:15:34 No.

20:15:34 >> No.




20:15:36 >>MARY MULHERN: It's within the property line.

20:15:38 Okay.

20:15:38 >> The property line is the bottom line here.

20:15:40 Sidewalk.

20:15:50 >> I'll ask staff the questions from the neighborhood

20:15:51 association. They thought there was a problem with the

20:15:53 location.

20:15:54 >> Well, the dumpster couldn't be moved in more because

20:15:56 of the angle of the service vehicle.

20:15:58 So it couldn't be moved further north.

20:15:59 And can't be on the parking lot side because that's

20:16:05 RS-50 and you can't place a dumpster in RS-50.

20:16:07 >> Okay.

20:16:08 >> Okay.

20:16:13 I am going to ask another question since you are here.

20:16:17 You can answer my transportation questions, right?

20:16:20 No, you are only solid waste.

20:16:23 That's okay, that's okay.

20:16:24 Melanie, you don't have to come up.

20:16:26 Eddie can answer this.

20:16:27 We run into this all the time where you have to

20:16:29 access -- FDOT won't let you access from an arterial.




20:16:34 Is that what it is?

20:16:36 >>> Well, Ms. Mulhern, on this application, I have not

20:16:39 seen any documentation on FDOT denying access onto

20:16:44 Nebraska.

20:16:44 These why I have the waiver on the plan to access the

20:16:47 local street.

20:16:47 If that documentation were to be received by the city

20:16:51 that they could not have access I would be more than

20:16:53 happy to remove that request and the request of that

20:16:55 waiver.

20:16:55 But to date it has not been received.

20:16:58 Therefore I want to ensure that the waiver is on the

20:17:00 site plan to request that access.

20:17:01 >>MARY MULHERN: Okay.

20:17:03 Maybe I do need to hear from Melanie then.

20:17:05 No?

20:17:06 Is it normally -- is that normally.

20:17:11 >>> If they are denied access by FDOT to that roadway,

20:17:15 then we have to give access to the local street.

20:17:19 >>MARY MULHERN: How do we know that it's been denied?

20:17:22 >>> They'll send us a letter.

20:17:25 And we don't have that letter?




20:17:27 >> We don't have that letter at this time.

20:17:28 Therefore we are requesting the waiver.

20:17:30 >>MARY MULHERN: As opposed to -- okay.

20:17:33 All right.

20:17:34 Thank you.

20:17:34 Councilman Capin.

20:17:39 >>YVONNE CAPIN: The capacity, do we have --

20:17:41 >> The occupancy?

20:17:44 >> The occupancy.

20:17:47 >>ABBYE FEELEY: The occupancy is proposed at 280

20:17:50 persons.

20:17:56 >>YVONNE CAPIN: Total?

20:17:57 Do we have a number for indoors and outdoors?

20:17:59 >> I don't believe they provided us with a breakdown of

20:18:01 the indoor and outdoor.

20:18:04 3040 square feet is going to be the retail component.

20:18:08 And based on the -- that would leave the remaining

20:18:13 2,769 square feet indoors for occupancy.

20:18:17 And as you can see on your site plan some of that is

20:18:21 restrooms.

20:18:22 There's it would be restrooms.

20:18:23 Some of that storage.




20:18:24 And some of that is actual brewing area.

20:18:30 >>YVONNE CAPIN: I know in the past we have put

20:18:32 capacity, but we have addressed it indoor and outdoor.

20:18:39 And we do get a number, or I have seen a number.

20:18:45 That's not a normal procedure.

20:18:47 That's just something that was a condition to that

20:18:49 particular --

20:18:51 >> I'm not really sure on.

20:18:53 That we do have a breakdown of indoor and outdoor

20:18:55 square footage on this application which is required

20:18:57 when they do that cut-out legal to show just the area

20:19:00 that's going to be alcohol.

20:19:01 But it's not a requirement that they provide the

20:19:04 occupancy indoor and outdoor.

20:19:06 >> That would be a requirement of the fire marshal?

20:19:11 >> At the time of permitting when they go to permit

20:19:13 that.

20:19:13 I mean, this could be -- this could be in the CG, a

20:19:18 private recreational facility, indoor outdoor which

20:19:20 could be like a bocci club or something like that,

20:19:23 which could still utilize this area, in much the same

20:19:26 way, just has a different use.




20:19:28 I was trying to think through that and how that would

20:19:31 be applied but that would go straight to permitting and

20:19:33 at that time that would be evaluated, you know, based

20:19:35 on the permit and the fire marshal layout and things

20:19:40 like that.

20:19:40 >> I am going to look at a couple of things that the

20:19:45 public brought up, and you answered this one.

20:19:49 And, again, capacity.

20:19:55 We looked at the amplification.

20:19:58 And one of the conditions.

20:19:59 The hours are conditioned?

20:20:02 >> Yes, ma'am.

20:20:03 >> Okay, we have that.

20:20:04 And then the next question is going to be for

20:20:07 Mr. Bentley about the restaurant part.

20:20:25 >> I just want to use a couple of minutes, and actually

20:20:28 the owners Kelly and Brian would like to address

20:20:31 council just briefly.

20:20:32 So I won't use all my time.

20:20:34 The first issue concerning this 4(COP).

20:20:37 I'm sorry?

20:20:38 >>MARY MULHERN: I'm sorry, Councilman.




20:20:41 >>YVONNE CAPIN: I want to ask you a question before.

20:20:42 >>MARK BENTLEY: Sure.

20:20:45 >>YVONNE CAPIN: You had said earlier that we do have

20:20:50 administrative hours, that is very correct, and we do

20:20:54 have the amplification on there, also.

20:20:59 When you referenced to we are going to -- the applicant

20:21:05 has agreed to act like a restaurant, or be part, you

20:21:10 were referring to the hours, not the food?

20:21:12 >> Yeah.

20:21:13 What I was saying in your code now you could actually

20:21:16 get administrative permission if you agreed to adhere

20:21:18 to certain hours of operation, and we are doing that

20:21:22 even though we are not a restaurant.

20:21:23 >> But a restaurant would be 51/49.

20:21:28 The other question is the distilled liquor possible

20:21:32 condition on there, that would be in one of the

20:21:38 concerns of the residents, you know, it's a land use

20:21:47 and it would be a zoning with the land, and continue.

20:21:51 So that would be another one of the questions or

20:22:01 concerns from the resident, and something for a

20:22:09 petitioner to consider.

20:22:11 The other avenue that we have done in the past, where




20:22:15 this was not a condition, we overwrote or underwrote

20:22:25 the food serving, and the condition being opened at all

20:22:28 the hours that the establishment is open.

20:22:31 Also, a lesser percentage of food.

20:22:33 But it was on the condition.

20:22:36 That has been seen before.

20:22:37 These are just different things that have happened

20:22:39 here.

20:22:40 So is that any possibility?

20:22:44 You can let us know.

20:22:46 Thank you.

20:22:46 >>MARK BENTLEY: Okay.

20:22:48 Are we all set?

20:22:49 >>MARY MULHERN: I'm ready.

20:22:51 >> Concerning the food, there's not going to be a full

20:22:53 kitchen.

20:22:54 Like I said the typical microbrewery, like I mentioned

20:22:58 early on.

20:22:59 Secondarily with respect to the possibility that these

20:23:01 guys don't make it could be like a full-blown bar.

20:23:05 Abbye suggested if we eliminate the use charts, CG

20:23:09 uses, that that would satisfy -- that's correct?




20:23:13 Also, in terms of the access off of Emma street, here

20:23:19 again, the other petition, City Council ratified,

20:23:24 because that's the only access to that piece of

20:23:27 property to the rear.

20:23:27 So the city is obligated to give access to the parking

20:23:31 lot, day?

20:23:34 That's a given regardless of what D.O.T. says or

20:23:36 doesn't say.

20:23:37 Now, what we did is we approached FDOT, and we are

20:23:42 looking at the project right here.

20:23:43 And you think -- the property had access off Emma

20:23:52 street.

20:23:52 They don't want all these cuts next to you.

20:23:58 They refused to give me a letter after several

20:24:01 attempts.

20:24:01 Okay.

20:24:02 So that's the situation on that.

20:24:06 Concerning the alcohol, the liquor, et cetera, here is

20:24:09 what's going on.

20:24:10 That note 32, and I just gave you a handout, says not

20:24:14 withstanding it's a 4(COP), okay?

20:24:17 And the primary emphasis on manufacturing, beer and




20:24:20 wine, consumption on premises, that there can be no

20:24:24 carry-out of distilled liquor.

20:24:26 All right?

20:24:27 Now, this business has a little bit of twit because

20:24:30 there's this limitation to Florida beverage law, I

20:24:32 think 10%.

20:24:33 Once you see 10% you ain't beer anymore.

20:24:36 And these microbreweries, sometimes they exceed the

20:24:40 10%.

20:24:41 So that's technically considered liquor.

20:24:44 Sole you do have I guess a glass of the kind of beer on

20:24:48 premises and that would be by definition under the law

20:24:50 liquor.

20:24:51 And also the intent here is flat-out was I think one of

20:24:55 the speakers said, we all might go there, and I might

20:24:58 want a 7 and 7, and everyone else is drinking this

20:25:02 beer, okay.

20:25:02 So the intent is to have consumption of liquor on

20:25:06 premises, whether it's liquor as we know it or

20:25:09 something that exceeds 10% that there be in a carryout,

20:25:12 to the extent there's any carry out would be just bare

20:25:15 and wine.




20:25:16 And quite honestly, counseling, when someone is having

20:25:21 two 7 and 7s or a six pack of beer, I think there's a

20:25:24 stigma associated with liquor, and I'm not advocating

20:25:27 it, but I think it's kind of a distinction without a

20:25:29 difference.

20:25:30 But we are self-imposing a condition.

20:25:33 The only way we can get around this is to ask for a

20:25:36 4(COP) and there wouldn't be any carryout of liquor.

20:25:39 Do you see what I am saying?

20:25:41 We couldn't sell a bottle of Jim Beam or anything like

20:25:44 that.

20:25:45 The issue of the bike rack, Abbye mentioned that's on

20:25:49 there and we get a parking credit because that's

20:25:51 mentioned in Seminole Heights overlay plan.

20:25:53 This other I shall but cut-through traffic to maybe the

20:25:55 neighborhood.

20:26:02 I-75 to the west here, a stone's throw.

20:26:09 So nobody is going anywhere except to I-75.

20:26:12 And then in terms of its capacity at 280, they come up

20:26:18 with these numbers, the applications, the life safety

20:26:20 code, and there's, for example, 7 square feet equals

20:26:25 one person.




20:26:25 It's kind of like being at Florida amphitheater up in

20:26:28 the bleachers area.

20:26:29 You can actually stand like this, and that's not how it

20:26:32 really works.

20:26:32 They only have ten tables outside and staff has to I

20:26:37 had if I the number of tables because we are stuck with

20:26:39 the ten.

20:26:40 We are only going to have the ten but you come up with

20:26:42 these numbers in life safety code because there's so

20:26:44 much area outside and inside so there's no intent to

20:26:47 have 280 by any means.

20:26:50 And then I mention PD early on the client actually owns

20:26:57 this lot to the south, okay.

20:26:58 We have come up with this design.

20:27:01 Commercial parking is a permitted use under the zoning

20:27:04 classification that relates to this property.

20:27:06 And here again if there ever was a need, we don't

20:27:09 anticipate that, we have the ability to park another 25

20:27:12 cars across the street.

20:27:13 So they thought that out as part of their business

20:27:17 plan.

20:27:19 Kelly, did you want to talk?




20:27:20 >> I'm sorry, can I ask you a question, Mr. Bentley?

20:27:32 Okay.

20:27:33 Your presentation has gone into deep detail about this

20:27:39 being a craft location.

20:27:41 I understand what you are presenting.

20:27:44 And so when we are talking about wine and beer making,

20:27:48 and we are talking about consumption on premises, and

20:27:53 we understand that you would allow a stipulation for

20:27:58 package sales of distilled liquor, not being extended

20:28:02 to this property currently, correct?

20:28:05 >>MARK BENTLEY: That's correct.

20:28:08 >>MIKE SUAREZ: In the next breath you made a comment

20:28:10 about sometimes people might want to have a 7 and 7.

20:28:15 >>MARK BENTLEY: Correct.

20:28:17 >>MIKE SUAREZ: Again I just want to ask you, because

20:28:19 you presented this as a place where -- and I think

20:28:23 Councilwoman Mulhern said it -- beer nerds hang out,

20:28:27 okay.

20:28:27 People who want to make, learn how to make, and are

20:28:31 enjoying people who do make craft beer.

20:28:35 And I understand that.

20:28:36 But in the next breath you said this other thing, and




20:28:39 it kind of threw me off.

20:28:41 So I think you need to explain that a little bit more

20:28:44 clearly, because I understand what the state liquor

20:28:49 issues are, and I understand what our code says in

20:28:52 terms of what constitutes liquor in terms of 10% or

20:28:57 more, and what the hops are, we understand all that.

20:29:01 You have thrown a curve ball in there, and I want to

20:29:04 find out exactly what that curve ball actually means.

20:29:06 Because it was a throw-away line it looked like, but it

20:29:10 made me think, it made me ask you this question, what

20:29:13 does that mean?

20:29:14 Is there going to be sales of hard distilled liquor at

20:29:19 the location?

20:29:22 >>MARK BENTLEY: Okay.

20:29:23 Well, Mary?

20:29:25 >>MARY MULHERN: Yes.

20:29:27 I'll let him answer your question.

20:29:29 But I just want to say, why don't we reserve our

20:29:32 questions -- no?

20:29:34 You want us to ask them?

20:29:35 Let him finish his rebuttal and then we can ask

20:29:39 questions.




20:29:40 >>MIKE SUAREZ: I thought he was done with his

20:29:42 rebuttal.

20:29:43 >>MARY MULHERN: No.

20:29:45 >> I'm sorry.

20:29:46 My suggestion would be to ask whatever needs to be

20:29:48 asked, to have a dialogue, and then before council

20:29:54 deliberates, give the petitioner the opportunity to be

20:29:56 have the last word.

20:30:00 So my suggestion, if there's any additional conditions,

20:30:03 if there's any questions that you have relative to

20:30:05 what's been -- the evidence that's before you, the time

20:30:09 to do that, please --

20:30:11 >>MARY MULHERN: Well, normally, we allow the

20:30:13 petitioner to complete their rebuttal and then we ask

20:30:16 our questions.

20:30:17 We are having a lot of dialogue.

20:30:18 I am just trying to keep this moving.

20:30:20 So please answer Mr. Suarez' question and then we are

20:30:25 going to reserve the rest of our questions until after

20:30:28 we have heard from all the petitioner and rebuttal.

20:30:32 >> I just have a question.

20:30:35 >>MARY MULHERN: We are going to reserve our questions




20:30:37 until after they complete their rebuttal.

20:30:41 >>YVONNE CAPIN: My question is a condition.

20:30:44 Can I do have that?

20:30:45 I am asking a legal.

20:30:46 >>MARTIN SHELBY: The point is, if a question comes up

20:30:48 that requires an answer from Mr. Bentley, and --

20:30:52 >>MARY MULHERN: We are not going to close the public

20:30:54 hearing.

20:30:54 We are going to hear from the petitioner, and then we

20:30:57 are going to ask them whatever questions we need to

20:30:59 ask.

20:30:59 >>MARTIN SHELBY: And then they will have an

20:31:02 opportunity for additional rebuttal.

20:31:03 >>MARY MULHERN: Of course.

20:31:05 >>MARK BENTLEY: Okay?

20:31:07 >>MARY MULHERN: Yes.

20:31:08 >> Here again, Brian and Kelly, they will just take a

20:31:12 second.

20:31:12 To sum up we have agreed to stipulate to very minimal

20:31:16 hours of operation.

20:31:17 I want to point out in all of this confusion, if you

20:31:21 look at this aerial, the outside area is here, oriented




20:31:25 towards Nebraska.

20:31:26 There will be a limitation of 107 tables out there.

20:31:32 Outside amplified music, we have agreed to a condition

20:31:34 that would not happen.

20:31:37 That would be actually on the site plan.

20:31:39 Concerning the curve ball I threw you, I don't throw a

20:31:44 very good curve, but I wasn't trying to flip one by.

20:31:49 >> I understand that.

20:31:50 >>MARK BENTLEY: I just want to clarify this, if

20:31:53 someone goes there, a customer, and maybe wants to have

20:31:56 lunch there or whatever, and there was someone who

20:31:58 prefers not to drink beer or wine, that they could have

20:32:01 a mixed drink.

20:32:02 Okay.

20:32:03 However, not withstanding, that they could sell

20:32:06 alcohol, liquor on premises, they couldn't sell for

20:32:09 consumption off premises, and that's way was trying to

20:32:12 tell you.

20:32:13 So not everybody is into beer and wine.

20:32:16 Okay?

20:32:18 (Bell sounds)

20:32:20 I think unless you have some other yes, sir, Kelly?




20:32:23 >>MARY MULHERN: That wasn't for this.

20:32:25 Is that it?

20:32:27 >>THE CLERK: That was the completion.

20:32:28 Five minutes rebuttal and I did interrupt it for the

20:32:32 questions and then continued it.

20:32:33 >>MARY MULHERN: I wrote like, if council would like to

20:32:36 give an opportunity for the proprietor.

20:32:45 How about two minutes?

20:32:47 >> Kelly Fenstermacher.

20:32:57 As resident of the neighborhood Heights we definitely

20:33:00 understand everybody's concern about the liquor and

20:33:02 alcohol and what it can bring to the area.

20:33:05 And our intent is not to promote anything like that at

20:33:08 all.

20:33:08 We truly, 50% of the building, and probably 70% of the

20:33:13 business is going to be our retail shop where we just

20:33:18 sell the products for you to make the beer and wine and

20:33:20 cheese and coffee at home.

20:33:22 Just as a complement to that business we want to have a

20:33:25 little brewery and a little winery so that you can come

20:33:27 and taste craft beer that we have made ourselves and

20:33:31 can teach you how to make at home.




20:33:33 And on the same note that Mr. Bentley was saying, the

20:33:37 liquor was simply just to complement the menu of drinks

20:33:42 that we have, because like he said, there might be

20:33:46 people in someone's party who don't particularly care

20:33:49 for beer or wine and we would like to at least offer

20:33:52 them a liquor drink.

20:33:53 >> 717 West Ohio as well.

20:33:58 Yes, it is an opportunity for people to enjoy our

20:34:00 product and what we do to bring in friends who might

20:34:03 not have been exposed to it and maybe they do want

20:34:05 their liquor drink which I do on occasion as well, to

20:34:08 expose them to the beer and the wine that we make

20:34:11 on-site.

20:34:12 That's why we have no interest in selling liquor to go.

20:34:14 What we want to sell is our own product that we make

20:34:17 there.

20:34:17 I have been in the craft beer industry for over 15

20:34:21 years now as the brewer, distributor of products, and

20:34:26 home brew shop owner, and it's having a beer garden

20:34:30 where people can come in and enjoy my beer, play bocci

20:34:34 ball which I love.

20:34:35 That's what we are looking to do here.




20:34:38 Thank you.

20:34:41 >>YVONNE CAPIN: This is in reference to we had a

20:34:44 microbrewery before, and I am just going to reference.

20:34:48 One of the things, that it was incidental to primary

20:34:52 use, and it was a CG.

20:34:55 Incidental to primary use and it was described exactly

20:34:58 what the primary use was.

20:35:00 Therefore, once the microbrewery was no longer there

20:35:06 even though it was a CG it could not be anything else

20:35:09 except a microbrewery.

20:35:12 Could that be a solution to all of this?

20:35:20 Again, incidental to primary use describing exactly

20:35:24 that all of this is conditioned to a microbrewery.

20:35:31 Therefore, the CG stays but only a microbrewery could

20:35:38 move back in there, incidental to primary use.

20:35:40 >>ABBYE FEELEY: Land development.

20:35:44 Based on the square footages provided here, the

20:35:50 microbrewery, the break down of the square footage, the

20:35:54 microbrew area is accessory, because it's so small.

20:35:59 If you see on the site plan it's not the primary use.

20:36:01 It's the retail.

20:36:02 You have the retail.




20:36:04 That's the 3,000.

20:36:04 And then that outdoor area.

20:36:06 And so I don't know.

20:36:08 I think the removal of all CG uses is much more

20:36:12 limited, and it does say "bar with specialty,"

20:36:17 da-da-da, but I don't know that we can flip it the

20:36:21 other way.

20:36:24 >>YVONNE CAPIN: Thank you.

20:36:24 That was very helpful.

20:36:25 >>MARY MULHERN: Any other questions?

20:36:28 >> I just want to be totally clear.

20:36:37 If this petition moves forward, and another business

20:36:41 moves into this location five years from now, they are

20:36:46 basically going to be able to sell distilled spirits as

20:36:50 a bar.

20:36:50 >> No, a bar -- CG, you can't have a bar as a principal

20:37:08 use.

20:37:10 The primary sale being alcohol at the premises, you

20:37:14 can't have a bar.

20:37:14 >>JULIA COLE: Legal department.

20:37:24 What this would be limited to under the site plan is

20:37:27 another business that was a bar, with a microbrewery




20:37:31 and wine making as accessory use, a bar with those two

20:37:37 additional accessory uses could come in and they could

20:37:40 be whatever named business that they are, but they

20:37:42 can't just be a bar, they would also have to have as an

20:37:45 accessory using the microbrewery and wine making which

20:37:48 are defined terms in our code, this is assuming that

20:37:51 the use is removed.

20:37:57 >>MARY MULHERN: Any other questions?

20:38:00 >> I think this whole liquor component is putting a

20:38:25 real negative spin on it.

20:38:27 I talked to the clients and again that's just a

20:38:29 footnote, that they would be willing to agree to, say,

20:38:32 let's than 10% of gross sales relate to sale of liquor

20:38:36 on premises.

20:38:39 You know what I'm saying?

20:38:40 It's not that big a deal.

20:38:41 They just want to have that opportunity.

20:38:44 >>YVONNE CAPIN: As a condition?

20:38:47 >> Yes, ma'am.

20:38:48 >>YVONNE CAPIN: Thank you.

20:38:49 As a condition.

20:38:50 So that would gob with on the site plan.




20:38:53 >>MARK BENTLEY: Correct.

20:38:54 >>MIKE SUAREZ: We appreciate you making that, but

20:39:01 unfortunately that is not enforceable, as I understand

20:39:03 it.

20:39:05 That's correct, Ms. Cole?

20:39:06 And because we don't check the percentages of your

20:39:11 liquor license unless -- if I am correct, a restaurant

20:39:15 selling liquors.

20:39:24 I know you just made a stipulation in terms of

20:39:26 distilled spirits.

20:39:28 Do you have any other ideas of how that may be solved

20:39:34 for this particular case?

20:39:38 >>MARK BENTLEY: Well, my initial reaction, and is that

20:39:41 we can stipulate of that we would file an affidavit

20:39:44 with the city quarterly to make sure we are complying

20:39:47 with the 10%.

20:39:48 That's the only way we could really zin that cat.

20:39:50 >>JULIA COLE: Legal department.

20:39:55 I'm not your alcohol expert.

20:40:00 And if that's something council wanted to consider, I

20:40:02 don't have a problem with you moving this to second

20:40:04 reading with that condition.




20:40:05 But I will tell you that if our legal department,

20:40:10 speaking with Mr. Shimberg, thinks it's a

20:40:13 nonenforceable condition, we will advice you at second

20:40:16 reading to have that condition struck.

20:40:18 And the other thing I did want to mention is, the way

20:40:22 that condition reads on the site plan as relates to the

20:40:25 bar with the usage, it's my understanding that the

20:40:28 intent is that limitation, it may be that we want to

20:40:31 strengthen that language a little more so that we make

20:40:34 at abundantly clear, and I would like to take a minute

20:40:36 to discuss with Mr. Bentley, but if that's council's

20:40:40 intent, not Mr. Bentley's intent, I probably want to

20:40:44 add a little language to that.

20:40:45 Thank you.

20:40:45 >>MARY MULHERN: Ms. Cole?

20:40:52 Ms. Cole?

20:40:56 I don't think that council asked you for that at this

20:40:58 point.

20:40:59 So let's wait.

20:41:01 If someone wants to direct that.

20:41:07 Does anyone else have questions?

20:41:14 >>MIKE SUAREZ: I don't have a question, Madam Chair,




20:41:16 but I would like to have a stipulation similar to what

20:41:21 Ms. Capin already mentioned about some stipulations,

20:41:27 including distilled spirits.

20:41:32 We can obviously allow -- excuse me, we can obviously

20:41:34 place a stipulation for the sale of package distilled

20:41:38 spirits.

20:41:39 I would like to look at how we can limit the sale of

20:41:45 distilled spirits, in relation to this particular use,

20:41:49 for future uses.

20:41:50 Again, I want them to be able to use their use as

20:41:55 stated, but at the same time I know that there's not a

20:41:58 lot of enforceable stuff that we have on this right

20:42:01 now.

20:42:01 >>JULIA COLE: You can put a condition on this site

20:42:03 plan that only runs with this business.

20:42:05 You have to have it either be as a condition on the

20:42:07 site plan for any business that is coming --

20:42:11 >>MIKE SUAREZ: That's what I meant.

20:42:13 I apologize, Ms. Cole.

20:42:15 I meant going with the land.

20:42:17 >> Yes.

20:42:17 And it would have to be something that the petitioner




20:42:19 would agree to, that they would have to agree to limit

20:42:22 the sale and consumption of distilled liquor on

20:42:24 premises.

20:42:24 >>MARY MULHERN: I ever a question.

20:42:29 That I think needs to be clarified because I think this

20:42:31 is muddying up the waters with, this whole concept of

20:42:35 them needing to sell this hospitals, and that's the

20:42:39 reason they need, I think -- they have a retail

20:42:44 business right now where they sell this ingredients.

20:42:48 >> It's not just the hops.

20:42:52 It's the beer made from the hops, also.

20:42:54 >>MARY MULHERN: There are microbreweries and bars and

20:42:58 restaurants all over this city and the state that sell

20:43:06 microbrewed beer, and maybe -- I would guess that many

20:43:11 of them are more than that 10%.

20:43:13 >> They are and just confirming that with Cathy.

20:43:19 >>MARY MULHERN: I think that this is not a problem.

20:43:21 >> Okay.

20:43:23 >>MARY MULHERN: Why do they need -- and this is for

20:43:27 Julia.

20:43:27 They do not need --

20:43:33 >> Because per state statute once you sieve 10% it is




20:43:37 liquor, and that is what --

20:43:39 >>MARY MULHERN: I am sorry, but that is -- I don't

20:43:41 think that's enforced anywhere.

20:43:43 Is that enforced anywhere?

20:43:45 >>> Councilwoman Mulhern, I had a discussion with

20:43:47 Mr. Bentley.

20:43:48 I think there's a lost outstanding issues on this

20:43:50 petition especially as relate to the hops issue and

20:43:53 some other things.

20:43:54 And if he's amenable I am going to recommend to this

20:43:56 continue so that we can go ahead, clarify some of these

20:43:59 issues, have some better answers for council on these

20:44:01 issues, and allow this petitioner an opportunity to

20:44:04 have heard some of the comments made today.

20:44:07 I think given where we are, that might be a better

20:44:11 course of action at this time.

20:44:14 >>MARY MULHERN: I can say for myself that we could

20:44:17 actually -- we wouldn't need a continuance if you

20:44:22 weren't asking for liquor sales.

20:44:23 >>JULIA COLE: I think one of the issues that's arising

20:44:29 is how you relate this idea of this hops or the beer

20:44:32 that's made from the hops versus the way the state and




20:44:34 the way we define it.

20:44:37 And since this is the application of this petitioner,

20:44:39 and that is some of the testimony on the record, I

20:44:42 think it would serve everybody that if this petitioner

20:44:44 is prepared to continue, that we go ahead and continue

20:44:47 so we can have more information on that issue.

20:44:49 >>MARY MULHERN: All right.

20:44:50 Let me say one thing, though.

20:44:51 You may need to clarify that.

20:44:53 That may be true.

20:44:55 But then we are going to come back and have this --

20:45:04 >>JULIA COLE: I think we need it for the record.

20:45:06 >>MARY MULHERN: You know, when there aren't any legal

20:45:14 reasons why they need it.

20:45:16 So if we are going to continue this I am letting the

20:45:18 petitioner know, it needs neither to be a request just

20:45:21 for a beer and wine, or there better be a pretty good

20:45:27 reason why you need to have -- to sell liquor, why a

20:45:31 microbrewery needs to sell liquor in a tasting room.

20:45:34 >> Do we need a motion to continue?

20:45:39 The.

20:45:39 >>MARTIN SHELBY: I'm sorry, before you do that, Madam




20:45:41 Chair, I would just want to confirm that it is the

20:45:45 petitioner's desire to also agree to a continuance,

20:45:48 because it is ultimately his decision as to about

20:45:51 whether he wants --

20:45:52 >>MARY MULHERN: And someone from council is going to

20:45:57 move that.

20:45:58 Mr. Suarez?

20:46:00 >>MIKE SUAREZ: Let's see what his pleasure is in terms

20:46:03 of a continuance.

20:46:03 >> Right.

20:46:06 >>MARY MULHERN: Would someone from council ask?

20:46:17 >>MIKE SUAREZ: What is your pleasure, Mr. Bentley?

20:46:20 You heard what we have discussed.

20:46:23 >>MARK BENTLEY: Yes, I think we can get this -- Brian,

20:46:27 come here, please.

20:46:28 This thing about the percentages and things like that.

20:46:31 Would you explain that so everybody has an

20:46:33 understanding when you become liquor?

20:46:38 >> That I am actually not aware of when you become

20:46:41 liquor.

20:46:42 I know a lot of other microbreweries throughout Florida

20:46:44 that don't have liquor licenses that are brewing in




20:46:47 excess of 10 or 14% beers, but what I can't figure is

20:46:52 if that's legal, if it's just not being regulated or

20:46:54 not.

20:46:55 So this issue of them being able to be brew those beer

20:46:57 ifs we just had a regular brewery license and did like

20:47:00 everybody else did, it seems like it's legal, but I

20:47:03 can't say for sure.

20:47:04 They might just be -- there are other states that do.

20:47:10 Cap beer, alcohol levels.

20:47:12 But as far as I know, there's not one in Florida.

20:47:18 If there is, certainly we would want to comply.

20:47:20 But like we have said, our interest in the liquor, had

20:47:24 just like ELLA's down the street, I was in there and

20:47:28 debating whether we wanted to go for our liquor

20:47:30 license, went in and looked at their clientele, looked

20:47:33 at what they were drink, and there were very few people

20:47:36 drinking the liquor.

20:47:37 And honestly, I don't know when we would add the liquor

20:47:39 to our business.

20:47:40 But I know when Kelly and I decided to be go out to eat

20:47:43 on a Friday night or something, craft beer lover, I

20:47:46 don't always want beer.




20:47:47 So we won't gone to someplace that only sells beer.

20:47:50 We'll go someplace that accommodates both of us.

20:47:53 So I just wanted to have that option.

20:47:55 >>FRANK REDDICK: I think the original question was

20:48:02 directed to the attorney to determine whether he wants

20:48:04 to continue this or not.

20:48:06 If you want to do it or not, you know, this is what led

20:48:13 to us this.

20:48:14 So we need to know, do you want to do that now?

20:48:18 >> We would agree to eliminate the request for on

20:48:32 premises sale of liquor.

20:48:35 But we would like to keep the door open and come back,

20:48:38 say, six months or a year and revisit that issue, which

20:48:41 we have a right to do, and see how the business is

20:48:43 plating and see if it's appropriate at that point in

20:48:45 time.

20:48:46 So you are not giving anything up or making any

20:48:49 commitment.

20:48:50 But I want to let you know on the record that might be

20:48:52 something that they would be interested in in the

20:48:54 future.

20:48:55 So we agree just to beer and wine, okay, for




20:48:59 consumption on and off premises.

20:49:01 >>MARY MULHERN: Sounds good to me.

20:49:08 >>MIKE SUAREZ: Sounds good to me.

20:49:10 As long as it's allowed under the --

20:49:15 >>MARY MULHERN: I think we are going to have to come

20:49:17 back.

20:49:17 >> That's fine.

20:49:20 >>MARY MULHERN: Councilwoman Capin.

20:49:24 >>ABBYE FEELEY: I'm sorry.

20:49:28 Per our definition, okay, beer with a volume greater

20:49:34 than 10% by definition is liquor.

20:49:37 Okay?

20:49:38 Distilled spirits or distilled is the other kind of

20:49:42 liquor I believe you are talking about tonight.

20:49:45 If Mr. Bentley cuts this application back to beer and

20:49:48 wine he could not sell you a Cigar City IPA that has a

20:49:52 14% volume of alcohol, even though it is in a bottle

20:49:58 and it looks like beer and it tastes like beer and it

20:50:02 beer, per our definitions in the zoning code and per

20:50:06 state statute, it is no longer considered beer because

20:50:09 the volume of alcohol.

20:50:11 If he wants to condition that no distilled spirits or




20:50:16 distilled liquor will be sold on-site or off-site, or

20:50:21 on-site for consumption or package for off-site, that

20:50:25 would take care of that other issue.

20:50:28 But we cannot limit him for the other, or else some of

20:50:33 these microbreweries, and microbrewed beers which you

20:50:39 will see in further discussion --

20:50:42 >>MARY MULHERN: Who gave you this opinion?

20:50:44 >> I will read you the definitions out of the code.

20:50:47 It is in the definition.

20:50:48 >>MARY MULHERN: I want to know -- our code?

20:50:53 >>ABBYE FEELEY: Yes.

20:50:54 >>MARY MULHERN: I thought we were talking about the

20:50:55 state statute.

20:50:57 >>ABBYE FEELEY: No.

20:50:58 I'm talking about both.

20:51:01 That's why --

20:51:02 >>MARY MULHERN: Okay.

20:51:02 >>MIKE SUAREZ: I would like to make a motion that we

20:51:10 accept Mr. Bentley's change, and the use to eliminate

20:51:20 any distilled spirits for sale on-site or off-site.

20:51:29 Consumption on-site or for sale -- and that be worked

20:51:37 out between this first reading and second reading.




20:51:39 >> It sounds good.

20:51:40 >>MARY MULHERN: Okay.

20:51:44 I just -- I have a question for Mr. Shelby or Ms. Cole.

20:51:51 Is that enforceable?

20:51:54 I thought you told us that was not enforceable.

20:51:56 >>JULIA COLE: I think staff and I are both comfortable

20:52:02 that distilled liquor due to the nature of the bottles

20:52:05 they use and the types of drink they are comfortable it

20:52:10 is enforceable.

20:52:11 >>MARY MULHERN: So no distilled liquor will eliminate

20:52:16 sales of anything but a beer with --

20:52:21 >>JULIA COLE: They are comfortable with that.

20:52:23 That would get us to the place --

20:52:25 >>MARY MULHERN: Okay, thank you.

20:52:26 All in favor?

20:52:30 Aye.

20:52:37 So are we going to need to continue this anyway because

20:52:40 of all these changes?

20:52:42 >> No.

20:52:43 >>ABBYE FEELEY: You have a revision sheet that

20:52:47 includes everything technically that you needed

20:52:49 tonight.




20:52:49 And then what you would just need to do is amend that

20:52:52 to include the notation that you just recommended about

20:52:57 the no distilled spirits for sale for on-site

20:53:02 consumption or for package sales for off-site

20:53:05 consumption, and no amplified sound to the outside,

20:53:10 which you also had requested, and I believe

20:53:12 Mr. Bentley --

20:53:16 >>MARY MULHERN: This is something that's come up with

20:53:21 the sound before people leave their door, the outdoor

20:53:23 amplified sound.

20:53:24 Can we put a note in there that if there's amplified

20:53:28 music inside, they have to leave the door closed?

20:53:34 >>YVONNE CAPIN: There is no muss Mick.

20:53:38 It is acoustic outdoors.

20:53:40 >>MARY MULHERN: Right.

20:53:41 But the complaint we have gotten from residents in

20:53:44 relation to Channelside and also I think SoHo was that

20:53:49 amplified music inside and then they leave their doors

20:53:52 open, so that's a question for --

20:54:05 >> We could use like a double door system.

20:54:08 Something like that?

20:54:09 >> Just a note that says you are going keep the door




20:54:11 closed.

20:54:12 >> Okay.

20:54:13 >>MARY MULHERN: I don't think you need a double door.

20:54:15 >> Put a note we are going to comply with the law

20:54:17 there.

20:54:18 >>MARY MULHERN: I'm sorry, you can't speak from the

20:54:27 audience.

20:54:27 >>> I think the note would need to read something to

20:54:35 the effect that no amplified music outdoors including

20:54:38 amplified sound coming from inside the structure.

20:54:45 Facility.

20:54:45 >>MARY MULHERN: Thank you.

20:54:52 >>YVONNE CAPIN: All right.

20:54:53 >>MARY MULHERN: Did we cover everything?

20:54:54 >> Move to close the public hearing.

20:55:01 >> Second.

20:55:01 >>MARY MULHERN: All in favor?

20:55:03 Would someone like to.

20:55:16 >> (off microphone).

20:55:26 >> An ordinance approving a special use permit S-2 for

20:55:29 alcoholic beverage sales large venue and making lawful

20:55:32 the sale of beverages regardless of alcoholic content,




20:55:35 beer, wine and liquor, for consumption on the

20:55:38 premises --

20:55:39 >>MARTIN SHELBY: I am going stop you for a minute.

20:55:41 Florida statutes require that you read the title as it

20:55:44 is, and then the conditions.

20:55:45 >> I'm sorry.

20:55:50 My miss. Take an ordinance approving a special use

20:55:52 permit S-2 for alcoholic beverage sales large venue and

20:55:55 making lawful the sale of beverages regardless of

20:55:58 alcoholic content beer wine and liquor for consumption

20:56:00 on the premises and in sealed containers for

20:56:02 consumption off the premises on that certain lot, plot

20:56:06 or tract of land located at 4500 north Nebraska Avenue,

20:56:09 Tampa, Florida as more particularly described in

20:56:11 section 2 hereof providing for repeal of all ordinances

20:56:14 in conflict providing an effective date, along with the

20:56:16 special use revision sheet dated June 9, 2011, as

20:56:21 submitted by staff, along with special note, the

20:56:26 conditions item 32 for package sales for consumption

20:56:31 off premises for beer and wine only, no package sales

20:56:35 of liquor permitted, stipulating that no distilled

20:56:39 spirits will be sold on or off premises for consumption




20:56:42 on or off premises.

20:56:48 And that amplified sound -- no amplified sound on the

20:56:54 patio or exterior of the property being emitted from

20:57:02 inside the property.

20:57:02 >>FRANK REDDICK: Second.

20:57:07 >>MARY MULHERN: Motion made by Councilwoman

20:57:09 Montelione, second by Councilman Reddick.

20:57:12 All in favor?

20:57:15 Aye.

20:57:16 Anyone opposed?

20:57:19 >>THE CLERK: Motion carried.

20:57:21 >> Thank you very much for your time and consideration.

20:57:22 You have gone above and beyond.

20:57:25 >>THE CLERK: Motion carried with Miranda being absent.

20:57:28 Second reading and adoption will be on June 23rd at

20:57:30 9:30 a.m.

20:57:31 >>MARY MULHERN: I am going to move of that we take a

20:57:41 five-minute recess.

21:05:22 (Recess)

21:05:22 >>ABBYE FEELEY: Land Development Coordination.

21:11:04 >> Hold on.

21:11:10 Call it back to order.




21:11:11 >>MARY MULHERN: City Council is back in session.

21:11:13 Roll call, please.

21:11:14 >>MIKE SUAREZ: Here.

21:11:17 >>FRANK REDDICK: Here.

21:11:19 >>MARY MULHERN: Here.

21:11:21 >>MIKE COHEN: Here.

21:11:21 >>LISA MONTELIONE: Here.

21:11:25 >>MARY MULHERN: Item number 11.

21:11:26 >>ABBYE FEELEY: Land development.

21:11:28 Item number 11 on your agenda this evening is Z-11-19,

21:11:34 2616 South MacDill Avenue and 3008 west Barcelona

21:11:38 street.

21:11:38 This is Datz deli.

21:11:45 Many of you were on council.

21:11:46 I did it myself back in 2008, to allow for the parking

21:11:56 lot area.

21:11:57 What is back before you this evening is a rezoning to

21:12:00 allow for the patio area that is there.

21:12:04 That patio area was not shown on the original PD.

21:12:08 It could not be approved administratively because it

21:12:12 required a reduction in perimeter setbacks, and I think

21:12:15 we did a case similar to this a couple of -- maybe last




21:12:19 month where there were modifications that exceeded that

21:12:22 which could be approved administratively after the

21:12:26 rezoning.

21:12:28 So I will defer to Mr. Garcia, and then I will briefly

21:12:31 come back to you and speak to you on this matter.

21:12:33 Thank you.

21:12:39 >>TONY GARCIA: Planning Commission staff.

21:12:41 I have been sworn.

21:12:43 Just a few minor fact as relates to the comprehensive

21:12:46 plan.

21:12:46 This site is located in the South Tampa planning

21:12:50 district which is one of the stable planning district

21:12:53 but does allow the opportunity for in-fill development,

21:12:58 as Ms. Feeley already stated to you, this is an

21:13:01 existing business that has been in operation for

21:13:03 several years now in the South Tampa area.

21:13:05 The land use category as you can see in red is

21:13:08 community commercial 35.

21:13:09 This is located just north of the intersection of Bay

21:13:12 to Bay Boulevard in South MacDill Avenue, just to the

21:13:15 west of the Crosstown expressway.

21:13:17 This is their ancillary parking of the primary use




21:13:21 located here on the corner of Barcelona and

21:13:24 MacDill.

21:13:25 There's an aerial to show you what the use are.

21:13:28 This is an existing use, is here for modification of

21:13:32 their use, which is basically triggered why they have

21:13:35 to come in for a PD to a PD.

21:13:38 We have found consistent with the comprehensive plan.

21:13:41 So Datz all I have for you.

21:13:45 [ Laughter ]

21:13:45 And Datz my story and I'm sticking to it.

21:13:48 >> Datz wonderful.

21:13:58 Thank you, Tony.

21:14:00 You will see here shown in green PD, PD, MacDill to

21:14:03 the west, Barcelona street to the south, Grenada just

21:14:07 one south block of the Crosstown expressway to the

21:14:10 east.

21:14:13 Zoning atlas -- I mean the aerial shot here shows the

21:14:17 existing restaurant.

21:14:18 Colussa to the north.

21:14:23 The parking area, there's several other commercial uses

21:14:30 set back in that area.

21:14:33 I have a few pictures.




21:14:35 I want to specifically show you what we are talking

21:14:36 about tonight, which is this awning and patio area out

21:14:42 here.

21:14:47 Here is a view of it from the backside and the parking

21:14:51 area.

21:14:59 On your staff report, you will see on the first page,

21:15:03 there's a list of eleven waivers that were previously

21:15:06 approved.

21:15:07 Some of those waivers based on code changes would not

21:15:09 apply today, but instead of going back and revamping

21:15:14 everything I just carried forward what was originally

21:15:16 approved and then I showed you at the bottom the new

21:15:19 waiver being requested tonight and that's a parking

21:15:21 reduction from 41 spaces to 39 spaces.

21:15:24 So with the addition of the patio, the occupancy did

21:15:27 increase.

21:15:27 The parking would be required at 41.

21:15:30 And the establishment currently has 39.

21:15:45 I can show you real quick, this is the patio area here.

21:15:54 It is a 12 by 30 patio.

21:15:56 And the shot I took from the back parking lot showed

21:15:59 you those trees that have been planted here.




21:16:02 In the original rezoning, as I said, this was not

21:16:05 included.

21:16:06 Therefore, when we added into what was requested, this

21:16:10 setback here got reduced from what was originally there

21:16:14 to the existing building, and that's one of the reasons

21:16:17 we are before you this evening.

21:16:27 So the current request is to add the 3626 square foot

21:16:31 outdoor patio. It's a little bigger than that.

21:16:34 It's 570, 576 feet, a connection from that patio area

21:16:46 into the main door, so it includes all of that square

21:16:49 footage.

21:16:51 That is the entry in the lobbyway, so we did calculate

21:16:55 the occupancy just on the tables and chairs that are

21:16:57 being provided out on the patio.

21:16:59 I just have a few minor revisions, and those have been

21:17:04 provided on the revision sheet, and two of them are

21:17:09 related to tree and landscape.

21:17:11 Mary has been work -- working with the applicant and

21:17:14 then the last is the square footage that is listed as

21:17:18 the building.

21:17:19 Right now, the site plan only has the base, and it's a

21:17:23 two-story building so I need for them to make sure that




21:17:26 those square footages are correct so it's not an issue.

21:17:30 Staff is available for any questions.

21:17:31 >>MARY MULHERN: Petitioner?

21:17:41 >> Roger Perry.

21:17:47 I'm the owner of Datz.

21:17:48 I live in Hyde Park, 7022nd south Edison, co-own we

21:17:53 are my wife, Suzanne behind me here.

21:17:55 The reason for the patio, we have a lot of customers

21:17:58 that walk to our restaurant from the surrounding

21:18:00 neighborhood, bringing their pets, and it's a great

21:18:02 place to sit in the motorcycle and have your coffee and

21:18:05 have your pet with you.

21:18:06 Also, in the evening, we sell a lot of high-end

21:18:11 scotches and bourbons, and even our attorney Mr. Walter

21:18:16 and gentleman friend enjoy coming a having a nice sip

21:18:20 of Scotch and cigar and you have to do have that

21:18:25 outside so that was the reason for the patio. It's

21:18:27 basically listening to our customers and trying to

21:18:31 provide the services that they really desire.

21:18:33 >>MARY MULHERN: Any questions from council?

21:18:40 >> She makes me look good.

21:18:45 >>MARY MULHERN: Thank you.




21:18:48 Is there anyone in the audience that wishes tore speak?

21:18:51 >> I was not here tonight as their attorney, but he's

21:18:59 right.

21:19:01 I really enjoy -- oh, I'm sorry.

21:19:04 I'm Walter Aike, 18 South Edison.

21:19:08 I was sworn.

21:19:10 I very much enjoy sitting outside when I dine.

21:19:13 And having an outside patio is heaven to me.

21:19:18 And he's right.

21:19:19 A couple of buddies.

21:19:20 We smoke cigars, and that's one of the few places that

21:19:23 we can go do that so we sit outside, have a beer, enjoy

21:19:27 the evening.

21:19:28 And now it's getting later and later because it's so

21:19:30 hot now at five and six.

21:19:32 But I really enjoy that amenity.

21:19:35 So I'm very much in favor of that approval.

21:19:38 Thank you.

21:19:38 >>MARY MULHERN: Thank you.

21:19:42 >>ABBYE FEELEY: One item I did forget to mention that's

21:19:44 changing with this rezoning is the hours of operation.

21:19:47 The original PD limited them to 10 p.m.




21:19:50 And this is asking for midnight.

21:19:56 Typically on rezonings we don't have hours, so that

21:19:59 could be part of the reason for my oversight.

21:20:01 This is asking for Monday through Saturday, 7 a.m. to

21:20:05 midnight and Sunday 11 a.m. to midnight.

21:20:08 I did want to clarify that for the record as well.

21:20:10 >>MARY MULHERN: So that's for the entire restaurant

21:20:17 and the patio?

21:20:23 From 10:00 to --

21:20:26 >> Monday through Saturday from 7 a.m. to midnight.

21:20:29 Currently the hours under the existing PD are 7 a.m. to

21:20:35 10 p.m.

21:20:36 And on Sunday, the hours would be from 11 a.m. to

21:20:39 midnight.

21:20:40 >>MARY MULHERN: That was it?

21:21:00 >> Motion to close?

21:21:01 >>MIKE SUAREZ: Do you have anything else?

21:21:07 >>ABBYE FEELEY: No.

21:21:08 >>MARY MULHERN: Motion to close?

21:21:11 All in favor?

21:21:13 Aye.

21:21:14 Pleasure of council?




21:21:24 Councilman Reddick.

21:21:25 >>FRANK REDDICK: Move an ordinance presented for first

21:21:32 reading, an ordinance with the revision sheet, 2616

21:21:39 south MacDill Avenue and 3008 west Barcelona street

21:21:43 in the city of Tampa, Florida and more particularly

21:21:45 described in section 1 from zoning district

21:21:47 classification PD planned development, restaurant,

21:21:50 retail, principal parking-commercial, to PD, planned

21:21:55 development, restaurant, retail, principal,

21:21:57 parking-commercial, providing an effective date.

21:22:00 >> Second.

21:22:02 >>MARY MULHERN: Could someone add the hour?

21:22:05 >> The hours are on the site plan.

21:22:07 Could you hold your vote for just a minute?

21:22:09 I hate to interrupt and ask this.

21:22:11 But I want to make sure there is not a conflict between

21:22:14 the sales and the hours on Sunday morning.

21:22:22 Because of the alcohol sales.

21:22:24 >> State law?

21:22:28 >>MARY MULHERN: Yes how much time do you need?

21:22:34 Can we go to the next item?

21:22:36 >> The next item is the alcohol that goes with it.




21:22:39 So I have three Euclidean zonings after that.

21:22:42 So they are no site plans.

21:22:48 We can just hold for a minute.

21:22:49 >>MARY MULHERN: Okay.

21:22:51 There we go.

21:22:51 >> We need to clarify this because there is an

21:22:55 associated alcohol beverage with this.

21:22:57 We understand from the applicant that he actually opens

21:23:00 his business at 8:30, I guess to do the prep work and

21:23:05 those kind of issues.

21:23:06 So in order to be in line with our code as it relates

21:23:09 to both the PD and their associated alcohol, they are

21:23:14 going to have to have that change that their opening

21:23:17 hour is at 8:30, and I believe the applicant just made

21:23:21 Ms. Feeley aware as we were sitting right here.

21:23:24 So I need to reopen your hearing on that, and we are

21:23:28 going to have to amend the site plan in order to

21:23:29 accommodate this.

21:23:30 Otherwise this gentleman will not be able to open his

21:23:33 business.

21:23:33 >> Move to reopen the hearing.

21:23:36 >> Second.




21:23:37 >>MARY MULHERN: All in favor?

21:23:39 Aye.

21:23:39 >> On the revision, when you make the motion with the

21:23:43 revision sheet, if you just add the modification that

21:23:46 the hours on Sunday would be changed from 8 a.m. to

21:23:52 midnight.

21:23:54 8 a.m. to midnight.

21:23:55 >>LISA MONTELIONE: I amend the motion to change the

21:24:04 note on the site plan for the hours of operation on

21:24:09 Sunday to 8:30 a.m.

21:24:16 8:00?

21:24:17 8:00 a.m.

21:24:18 >> Second.

21:24:22 >>MARY MULHERN: All in favor?

21:24:25 >>MARY MULHERN: Okay.

21:24:32 That's it?

21:24:34 (off microphone)

21:24:41 >>THE CLERK: The first reading was done by Mr. Reddick

21:24:43 and seconded by Mrs. Capin.

21:24:45 This amendment is first reading motion.

21:24:50 So the first reading motion has been voted on.

21:24:53 Motion carried with Miranda being absent.




21:24:55 Second reading and adoption will be on June 23rd at

21:24:57 9:30 a.m.

21:24:58 Thank you.

21:24:59 >>MARY MULHERN: All right.

21:25:08 Item number 12.

21:25:10 >>> The next item on your agenda, item number 12, is a

21:25:30 special use request for alcoholic beverage.

21:25:32 This request came in prior to the modification to plan

21:25:37 to your alcoholic beverage code so this is an old --

21:25:41 what you recall as a historical 4(COP) request.

21:25:46 This property received a 4(COP) back in 2010.

21:25:53 I'm sorry, let me announce the case.

21:25:55 It is V-11-150, located at 2616 South MacDill Avenue

21:26:00 and 3008 Barcelona street, a request to the rezoning

21:26:05 you just did to allow for the patio to be wet for

21:26:08 alcoholic beverage sales.

21:26:13 >>YVONNE CAPIN: Excuse me, may I ask, chairwoman?

21:26:16 You said something about 2010?

21:26:23 >>> Yes.

21:26:24 There is currently a 4(COP) on the property for the

21:26:26 building.

21:26:26 So this is just to expand that 4(COP) to include the




21:26:29 entryway and the outside patio.

21:26:33 >>YVONNE CAPIN: I thought I remembered that.

21:26:34 >> This would be a total increase of 579 square feet

21:26:38 over its current area of sales.

21:26:45 So there is just one revision between first and second

21:26:52 reading.

21:26:52 The first it would be distance separation for other

21:26:56 establishments selling alcoholic beverages.

21:26:58 That just needs to be revised from 1,000 feet to 183

21:27:03 feet.

21:27:04 And then again, as I just asked on the rezoning, I just

21:27:08 need the square footages on the site plan to match up

21:27:11 with the square footages for the alcohol, so I'm asking

21:27:14 that, and the reflection of the two story building.

21:27:18 Lastly because of what we just discovered, I would need

21:27:20 a motion to the revision sheet to take care of the

21:27:23 hours of operation for Sunday.

21:27:28 It's hours of operation, and they are still subject to

21:27:30 state law.

21:27:31 >>MARY MULHERN: Okay.

21:27:41 Do we need to hear from petitioner?

21:27:47 Is there anyone in the audience that would like to




21:27:49 speak to this?

21:27:50 >> No.

21:27:54 >> 810 south Ashton.

21:27:58 I would simply say as I said before I really enjoy a

21:28:02 cigar with a glass of wine.

21:28:03 So I'm very much in favor of it.

21:28:05 >>MARY MULHERN: Motion to close?

21:28:08 >> Second.

21:28:08 >> All in favor?

21:28:11 What's the pleasure of council?

21:28:12 >> Move an ordinance to approve -- let's see, this is

21:28:19 number 12.

21:28:20 An ordinance repealing ordinance 2010-172 approving

21:28:24 special use permit S-2 for alcoholic beverage sales,

21:28:27 small venue and making lawful the sale of beverages

21:28:30 containing alcohol regardless of alcoholic content beer

21:28:33 wine and liquor 4(COP) for consumption on the premises

21:28:36 and in sealed containers for consumption off premises

21:28:38 on that certain lot, plot or tract of land located at

21:28:41 2616 South MacDill Avenue and 3008 west Barcelona

21:28:47 street, Tampa, Florida, as more particularly described

21:28:49 in section 3 hereof providing for repeal of all




21:28:51 ordinances in conflict, providing an effective date.

21:28:54 Along with the revision sheet provided by staff dated

21:28:57 June 9th, 2011, stipulating a change to the site

21:29:00 plan for hours of operation to amend 8 a.m. to midnight

21:29:06 on Sundays.

21:29:07 >>MARY MULHERN: (off microphone)

21:29:18 Did you get that?

21:29:20 Motion made by Councilwoman Montelione.

21:29:22 Seconded by Councilwoman Capin.

21:29:25 All in favor?

21:29:27 Opposed?

21:29:29 >>THE CLERK: Motion carried with Miranda being absent.

21:29:31 Second reading and adoption will be on June 23rd at

21:29:35 9:30 a.m.

21:29:36 >>MARY MULHERN: Item number 13.

21:29:59 >>LISA MONTELIONE: Did we open the public hearing or

21:30:01 are they all open?

21:30:04 >>MARY MULHERN: 13, we can't hear.

21:30:07 14 we can't hear.

21:30:09 15.

21:30:09 >>ABBYE FEELEY: Land Development Coordination.

21:30:13 Item 15.




21:30:14 This is a request for rezoning at 4333 west

21:30:17 Hillsborough Avenue from CU commercial intensive and

21:30:20 RS-50 residential single-family to CI.

21:30:24 This is Euclidean request.

21:30:26 There are no waivers.

21:30:28 There is no site plan.

21:30:28 This is asking to go to a general zoning district of C

21:30:31 which is not site plan controlled.

21:30:34 And this is the McDonald's on Hillsborough Avenue.

21:30:44 Historically for some reason there was a zoning line in

21:30:46 the middle that cut the property and the north half is

21:30:49 RS-50 and the south half is CI and they are asking to

21:30:53 make the whole thing CI which would be consistent with

21:30:55 this CI line here.

21:31:08 >>TONY GARCIA: Planning Commission staff.

21:31:09 I have been sworn in.

21:31:10 The whole site is CC 35, in the central planning

21:31:15 district.

21:31:16 We find it consistent with comprehensive plan,

21:31:18 obviously, it's just to be extend what's already all CI

21:31:21 right now in CC 35.

21:31:24 To extend a little northern piece, the northern tip to




21:31:27 go to C.

21:31:28 It's still going to remain as a McDonald's.

21:31:31 We find it consistent within the comprehensive plan.

21:31:33 Thank you.

21:31:33 >>MARY MULHERN: Petitioner?

21:31:34 >> Michael Serrano, Rebecca road, Lutz, Florida, 33548.

21:31:45 I just wish to extend the zoning in the front, the

21:31:48 parcel in the back to keep everything the same.

21:31:50 >>MARY MULHERN: Thank you.

21:31:52 Anyone from the public wish to speak?

21:31:56 Seeing no one.

21:31:57 >>LISA MONTELIONE: Motion to close.

21:32:01 >> Second.

21:32:01 >>MARY MULHERN: All in favor?

21:32:07 Do you want to read that?

21:32:09 >>YVONNE CAPIN: I'll read it.

21:32:10 >> I got it.

21:32:16 I move an ordinance first reading rezoning property in

21:32:19 the general vicinity of 433 west Hillsborough Avenue in

21:32:22 the city of Tampa, Florida and more particularly

21:32:24 described in section 1 from zoning district

21:32:27 classifications RS-50 residential single-family, and CI




21:32:33 commercial intensive to CI commercial intensive,

21:32:38 providing an effective date.

21:32:39 And motion to approve on first reading.

21:32:42 >>MARY MULHERN: Motion made by Councilman Suarez,

21:32:46 seconded by Councilwoman Capin.

21:32:48 All in favor?

21:32:49 >>THE CLERK: Motion carried with Miranda being accent.

21:32:55 Second reading and adoption will be on June 23rd at

21:32:57 9:30 a.m.

21:32:58 >>MARY MULHERN: Item 16.

21:33:03 >>ABBYE FEELEY: Land development.

21:33:05 Item number 16 on your agenda this evening, council, is

21:33:07 the request for a rezoning from PD to CI, planned

21:33:12 development to commercial intensive.

21:33:14 The property is located at 34033rd west Gandy

21:33:18 Boulevard.

21:33:19 It is the Euclidean request.

21:33:20 Therefore, there are no waivers permitted.

21:33:22 There is no site plan under consideration.

21:33:26 The property was rezoned in 2005 for ten three-story

21:33:30 town homes and the request before you tonight is to

21:33:32 return it to the commercial intensive zoning that it




21:33:35 was prior to that planned development request.

21:33:42 >>TONY GARCIA: Planning Commission staff.

21:33:43 I have been sworn in.

21:33:47 It's in the South Tampa planning district, the proposed

21:33:50 request is in the South Tampa planning district.

21:33:53 Mrs. Feeley already told you this has come in for a

21:33:55 rezoning request to allow for town home development

21:33:58 adjacent to the New Suburb Beautiful neighborhood

21:34:02 directly to the north.

21:34:03 Let me show you very quickly.

21:34:06 The land use category.

21:34:07 Urban mixed use 60 to the south and CMU 35.

21:34:12 On the west side of Himes.

21:34:14 So here is highlights.

21:34:15 Gandy.

21:34:16 Here is the site.

21:34:16 It's currently vacant.

21:34:18 There's a bank.

21:34:21 Let me show you very quickly.

21:34:23 You can see the character.

21:34:23 >>MARY MULHERN: Tony, that's not my neighborhood.

21:34:33 >>TONY GARCIA: It's on the edge of it actually.




21:34:34 >> Bayshore Beautiful.

21:34:37 >> New Suburb is up by --

21:34:45 >> Bayshore Beautiful.

21:34:46 I knew it was a "beautiful."

21:34:51 It's vacant.

21:34:53 It is going to revert back.

21:34:54 The request is to revert back to CI use.

21:34:57 Going to the standard Euclidean will make the applicant

21:35:02 have to conform with the more stringent requirements of

21:35:06 the CI, standard Euclidean zoning district.

21:35:09 Planning Commission found the proposed request

21:35:11 consistent with the comprehensive plan.

21:35:13 >>ABBYE FEELEY: I do have some pictures of the site if

21:35:28 you would like to see them.

21:35:34 Also to briefly go over commercial intensive zoning

21:35:37 district does require 10,000 square feet or minimum of

21:35:39 100 by 100 lot, and it does allow for a ten-foot fence

21:35:45 setback.

21:35:45 This is a picture of the site looking north from Gandy.

21:35:48 This is a picture of the site looking west from

21:35:53 Sherwood.

21:35:55 This is the BBT bank located just to the west of the




21:35:58 property.

21:35:59 This is looking north at the intersection of Gandy and

21:36:02 Sherwood

21:36:06 There are some single-family homes that are to the

21:36:09 north -- single-family homes to the north on Hawthorne

21:36:13 Street.

21:36:18 This is across Sherwood.

21:36:20 So this is the northeast corner of Sherwood and Gandy.

21:36:24 And right behind that there is -- it is very deep so

21:36:30 there is auto repair that's back there.

21:36:33 And then looking across Gandy, there are some town

21:36:38 homes, and then some strip commercial in that area.

21:36:41 And some apartment buildings.

21:36:46 Staff did find the request consistent.

21:36:47 We are available for any questions.

21:36:48 >>MARY MULHERN: Does petitioner want to speak?

21:36:58 >> Motion to close.

21:37:00 >> Second.

21:37:00 >>MARY MULHERN: Aural in favor?

21:37:04 Aye.

21:37:04 >>MARTIN SHELBY: For the record if there's any members

21:37:05 of the public.




21:37:06 >>MARY MULHERN: Oh, anyone from the public -- I'm

21:37:08 sorry -- that wishes tore speak.

21:37:10 >>MARTIN SHELBY: No need to reopen.

21:37:12 Thank you.

21:37:12 >>MIKE SUAREZ: I move an ordinance on first reading,

21:37:16 an ordinance rezoning property in the general vicinity

21:37:18 of 3403 West Gandy Boulevard in the city of Tampa,

21:37:22 Florida and more particularly described from zoning

21:37:27 district classification PD planned development

21:37:29 residential single-family attached to CI commercial

21:37:32 intensive providing an effective date.

21:37:35 And motion to approve on first reading.

21:37:38 >>MARY MULHERN: Motion made by Councilman Suarez,

21:37:41 seconded by Councilwoman Capin.

21:37:43 All in favor?

21:37:44 Anyone opposed?

21:37:46 >>THE CLERK: Motion carried with Miranda being absent.

21:37:48 Second reading and adoption will be on June 23rd at

21:37:51 9:30 a.m.

21:37:52 >>MARY MULHERN: Item number 17.

21:37:56 >>ABBYE FEELEY: Land Development Coordination.

21:38:26 Your final item on the agenda this evening is Z-11-28




21:38:30 located at 3202 and 3204 west Paul mirror a Avenue and

21:38:36 the request is from an RM-16 residential multifamily to

21:38:40 RS-50 residential single-family to create two buildable

21:38:44 zoning lots.

21:38:45 As you know, the RS 50 is 50 by 100, if the plot is 100

21:38:52 by 100, and there are it would be plotted lots under

21:38:59 this request.

21:39:08 >>TONY GARCIA: Planning Commission staff.

21:39:16 The site is actually just a few blocks west of the

21:39:19 rezoning we did just a little while ago with Datz, so

21:39:22 this is in the same neighborhood, in the South Tampa

21:39:24 planning district, which is again one of your more

21:39:29 stable planning districts, but this is an in-fill,

21:39:33 which is allowable and would be considered appropriate

21:39:37 for the South Tampa planning district.

21:39:39 The land use categories, there's two predominant once,

21:39:43 residential 10 and residential 20.

21:39:45 This has an RM-16 which has a higher density which is

21:39:50 20 units per acre but the applicant has yesterday to go

21:39:53 ahead and do the lot split to allow for two

21:39:56 single-family detached residences which is much more in

21:39:59 character with this particular neighborhood.




21:40:01 Planning Commission staff finds the proposed request

21:40:03 consistent with the comprehensive plan.

21:40:05 Thank you.

21:40:13 >>ABBYE FEELEY: Feel land coordination.

21:40:17 On the RM-16, he can build two single-family homes on

21:40:21 this property, but under our current code, the RM-16

21:40:24 doesn't allow for the front porch provision that would

21:40:28 allow him toll reduce the setback to have front porches

21:40:31 because we had discussion as to why this is actually

21:40:33 coming forward when he could go ahead and build it.

21:40:36 It also doesn't allow the front porch division does not

21:40:40 allow you to activate it if you are in a front yard

21:40:45 averaged district.

21:40:45 So administratively, we could have averaged the front

21:40:47 yard, a little closer like the RS-50, but because the

21:40:51 front porch provision isn't there, in case you are

21:40:53 wondering why this is coming forth, that's one of those

21:40:56 provisions.

21:40:57 It was a good learning experience, and Mr. Mobley

21:41:01 definitely helped on that one.

21:41:02 Here is the property.

21:41:05 This is more of the eastern side of the lot.




21:41:09 Here is the western side of the lot.

21:41:12 This is looking west.

21:41:13 And this is the house immediately to the west.

21:41:18 And the house next to that.

21:41:20 You will see it's predominantly single-family.

21:41:23 This is still the south side of the street.

21:41:30 And the north side of the street.

21:41:35 This is on the northeast corner of Palmira and

21:41:43 Esperanza.

21:41:45 This is a historic preserved home, city designation.

21:41:51 And there is one duplex just to the east on the south

21:41:54 side of Palmira and Esperanza.

21:42:02 You will see everything is predominantly -- everything

21:42:07 is predominantly single-family residential zoned but

21:42:10 this small enclave is in the middle here.

21:42:13 Here is the PD.

21:42:14 We are just about two blocks west of that.

21:42:26 Staff did find the staff consistent.

21:42:28 We are available if you have any questions.

21:42:29 >> Mark Mobley of Mobley Homes, 12804 north Florida,

21:42:46 Tampa, Florida 33629.

21:42:52 Abbye here, we want to thank so much for helping me get




21:42:56 this application in, in a timely manner.

21:42:58 This is important for us building two single-family

21:43:02 homes for folks who would like nobody their homes by

21:43:04 the end of the year so we are going to make that happen

21:43:07 for them.

21:43:07 One thing on the RS 50 particularly in this

21:43:09 neighborhood when you ever these lots that are only 100

21:43:12 feet deep and you are stuck with an RM-16 zoning as

21:43:16 your rear yard ends up being 15 feet, and by going to

21:43:19 the RS-50 you pick up an extra 5 feet and when you have

21:43:23 these postage stamp lots it is really a benefit to have

21:43:26 homeowner to have a little more yard space.

21:43:29 Also as I mentioned, the front porch rule which came

21:43:32 into effect some time ago and the RS 50 is utilized in

21:43:38 that neighborhood.

21:43:39 Most people because their rear yards are so small liver

21:43:42 out of the front of their homes so we tried to

21:43:44 incorporate that into the redevelopment projects we

21:43:47 have done in Palma Ceia.

21:43:49 Any questions?

21:43:50 >>MARY MULHERN: Okay, so I'm not familiar we've the

21:43:56 front porch.




21:43:57 So it gives you more -- a smaller setback in front so

21:44:02 you can put a front porch on?

21:44:04 >> Correct.

21:44:05 As long as you have a single-story front porch and you

21:44:08 are building an RS-50 zoning, there's a rule in the

21:44:10 code that allows you to encroach in your 20-foot

21:44:13 setback eight feet so you can come in with first story

21:44:17 porch and not go over the line.

21:44:19 >> Okay.

21:44:19 And we did get one person, I don't know why, that said

21:44:25 they weren't in favor of this.

21:44:26 Are most of the lots 50?

21:44:28 What are most of the single-family houses that Abbye

21:44:32 showed us?

21:44:33 >> They are all RS-50 in that neighborhood.

21:44:35 The whole area was down zoned two or three years ago.

21:44:39 There was a big push because some other developers

21:44:42 started putting uptown homes.

21:44:45 And so the neighborhood was very upset about this, and

21:44:49 worked with the city over a couple of years and did a

21:44:52 down-zoning and the property owners who had existing

21:44:55 multifamily units could elect out, and then anybody




21:44:58 else who elected out could retain their old zoning.

21:45:01 These two lots, actually three lots were bought by an

21:45:04 investor, and he sold one house and the other three he

21:45:07 got stuck with, but they elected out.

21:45:11 There used to be one single-family residence.

21:45:13 >> So those houses that Abbye showed us are RS-50?

21:45:18 >> They are now.

21:45:18 >>MARY MULHERN: Quay okay.

21:45:24 Any questions?

21:45:25 Anyone from the public wish to speak?

21:45:27 >>MIKE SUAREZ: Motion to close.

21:45:36 >> Second.

21:45:36 >>MARY MULHERN: All in favor?

21:45:38 Mr. Cohen, please.

21:45:40 >>MIKE COHEN: I move an ordinance being presented for

21:45:42 first reading consideration, an ordinance rezoning

21:45:44 property in the general vicinity of 3202 and 3204 west

21:45:50 Palmira Avenue in the city of Tampa, Florida and more

21:45:53 particularly described in section 1 from zoning

21:45:55 district classifications RM-16 residential multifamily

21:46:01 to RS-50 residential single-family providing an

21:46:04 effective date.




21:46:04 >>LISA MONTELIONE: Second.

21:46:10 >>MARY MULHERN: Seconded by Councilwoman Capin.

21:46:13 All in favor?

21:46:14 Anyone opposed?

21:46:15 >>THE CLERK: Motion carried with Miranda being absent.

21:46:18 Second reading and adoption will be on June 23rd at

21:46:21 9:30 a.m.

21:46:22 >> Thank you.

21:46:29 Do we have any new business?

21:46:34 Ms. Capin?

21:46:41 >>MIKE COHEN: I have one item of new business.

21:46:43 I would like to make a motion to ask staff,

21:46:47 particularly from the transportation department, Ms.

21:46:52 Dorzback, to come and give us a briefing on the

21:46:56 communications plan for informing people about the

21:46:58 closure of the Platt Street bridge and the related

21:47:02 traffic congestion that they are going to experience

21:47:04 over the next couple of months, and I would like to

21:47:10 schedule that for our June 23rd City Council

21:47:13 meeting under -- I think it's 10:30 when we have time

21:47:20 certain for staff reports.

21:47:20 >>MARTIN SHELBY: Staff reports are 10 a.m.




21:47:24 >>MIKE COHEN: 10 a.m.

21:47:25 Thank you.

21:47:25 >>MARY MULHERN: Can I ask if we could add a friendly

21:47:32 amendment, not necessarily of transportation, but I

21:47:35 have been getting a lot of questions about Bayshore and

21:47:37 what's going on on Bayshore.

21:47:40 >>MIKE COHEN: Absolutely.

21:47:40 The whole thing is really connected.

21:47:42 So absolutely.

21:47:42 >>MARY MULHERN: Thank you.

21:47:45 All in favor?

21:47:48 Anything else?

21:47:56 A motion to receive and file.

21:47:57 >> So moved.

21:47:59 >>MARY MULHERN: All in favor?

21:48:00 All right.

21:48:04 We are adjourned.

21:49:15 (City Council meeting adjourned)

21:49:20



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