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TAMPA CITY COUNCIL

Thursday, July 21, 2011

6:00 p.m. session


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06:04:45 >>MARY MULHERN: The meeting is called to order.

06:04:48 Roll call.

06:04:48 >>FRANK REDDICK: Here.

06:04:51 >>MARY MULHERN: Here.

06:04:52 >>HARRY COHEN: Here.

06:04:53 >>LISA MONTELIONE: Here.

06:04:54 >>MARY MULHERN: We have memos from Councilman Miranda who

06:04:58 is out for medical reasons, and Councilman Suarez will not

06:05:03 be here.

06:05:04 He's out of town.

06:05:15 Ms. Feeley?

06:05:17 >> We have the 5:00.

06:05:19 >>ABBYE FEELEY: Your first item on the agenda is the

06:05:24 Westshore overlay, chapter 27 amendment.

06:05:28 There's been a request to continue.

06:05:30 The legal department agrees it's appropriate to continue

06:05:32 this and I believe have been has been noticed.

06:05:35

06:05:44 >> Could be you ask that this public hearing be opened?

06:05:48 >> So moved.

06:05:49 >> Second.

06:05:51 >>MARY MULHERN: All in favor?

06:05:53 Does the petitioner want to request a continuance?

06:05:57 We'll have that on the record.

06:05:59 >>RON ROTELLA: Ron row tell, a Westshore alliance.

06:06:01 We respectfully request to continue your public hearing from

06:06:04 this evening to the March 18th, 5:00 evening meeting.

06:06:08 >> August 18.

06:06:10 >> Excuse me, what did I say?

06:06:13 >>MARY MULHERN: March.

06:06:18 >>RON ROTELLA: Well, I meant March 2012.

06:06:20 I'm sorry.

06:06:21 August.

06:06:22 And just for your information, we did notify all the

06:06:25 neighborhood presidents that we want to request a

06:06:27 continuance and all the outside agencies, so respectfully

06:06:32 request a continuance.

06:06:33 >> So moved.

06:06:35 >>MARY MULHERN: Is there anyone in the public that wishes

06:06:37 to speak on the continuance?

06:06:48 Seeing no one, there's been a motion by Councilman Cohen,

06:06:52 seconded by Councilman Reddick.

06:06:55 All in favor?

06:06:56 >>MARTIN SHELBY: That's set for 5:01.

06:07:02 >>MARY MULHERN: 5:01 August 18th.

06:07:11 >>RON ROTELLA: August 18th.

06:07:12 Thank you, council.

06:07:12 >>MARY MULHERN: Item number 2 and 3 can't be heard.

06:07:21 >>MARTIN SHELBY: It would be appropriate to remove those

06:07:24 from the agenda, please.

06:07:25 Both of those.

06:07:26 >> So moved.

06:07:27 >> Second.

06:07:27 >>MARY MULHERN: All in favor?

06:07:29 >>JULIA COLE: Legal department.




06:07:31 The Planning Commission, comprehensive plan amendment, Tony

06:07:34 Garcia from Planning Commission did want to address council

06:07:37 on some of the issues related to this, but it's really an

06:07:40 administrative matter, not a matter related to the fact that

06:07:43 these are removed from the agenda.

06:07:45 >> Good evening.

06:07:50 Tony Garcia, Planning Commission staff.

06:07:53 I just want to make a couple of brief statements for your

06:07:56 information so you know a little about these plan

06:07:59 amendments.

06:07:59 Not as relates to any information that would dissuade you or

06:08:03 persuade you either way on the recommendation on them.

06:08:06 I just want to let you know what the status was.

06:08:08 These have not been heard by the Planning Commission yet.

06:08:11 They were requested to be continued prior to the Planning

06:08:13 Commission hearing them which is why we are not even moving

06:08:16 forward.

06:08:17 But I just want to let you know one of the plan amendments,

06:08:20 they are both in the South Tampa area, they are both on

06:08:22 south Dale Mabry.

06:08:23 That's about as much as I will tell you right now.

06:08:25 They are both small scale amendments.




06:08:26 Okay.

06:08:27 One of them, there's some inquiries being made between a

06:08:31 party adjacent to the subject parcel, so the property may be

06:08:35 sold, required to have a plan amendment which is why it's up

06:08:39 in it air right now.

06:08:40 Also, the applicant for the plan amendment, if were to move

06:08:43 forward, is still continuing to talk to the neighborhood

06:08:46 association in case does move forward.

06:08:48 So that's the status of one plan.

06:08:51 The other plan amendment deals with one parcel that really

06:08:56 shares the same similarities with a series of other parcels

06:09:00 in proximity to it.

06:09:01 And in the reviews we received from the City of Tampa staff,

06:09:04 we concur with city of staff recommendation that instead of

06:09:08 looking at this one parcel my optically we need to look at a

06:09:12 series of parcels related to it and conduct, we want to

06:09:15 conduct an area study that the Planning Commission will take

06:09:17 the lead on this, and we will be conducting an area study on

06:09:21 a specific area.

06:09:22 It will be come back to you on this area.

06:09:25 What this is going to do is just provide a forum for the

06:09:27 owners of this original and the adjacent property owners




06:09:31 that we want to include within the area study to meet and to

06:09:38 be apprised about the properties and how they may

06:09:41 potentially be used and to discuss if this would indeed be

06:09:44 something that's mutually agreeable and beneficial overall

06:09:46 to the neighborhood.

06:09:47 So that's what we want to be able to do.

06:09:49 And also, to be provide a more prudent comprehensive

06:09:52 planning approach.

06:09:53 This will allow us to gather information in order to provide

06:09:56 a thorough analysis of the area, instead of taking a myopic

06:10:01 view and really viewing it as a spot zoning which is not

06:10:04 what we should be doing when we are looking at a

06:10:06 comprehensive plan amendment change.

06:10:07 So instead of looking at one parcel we are going to be

06:10:10 looking at an area and we will keep you apprised as to the

06:10:13 progress of the study, and also in the subsequent meetings

06:10:16 that we will be having with the neighborhoods, and the

06:10:18 property owners.

06:10:19 So we'll keep you apprised as to what's going on there.

06:10:22 Hopefully we'll have a recommendation before you before the

06:10:24 year is out as far as how we are going to proceed, plan

06:10:27 amendmentwise.




06:10:28 So thank you for your time this evening on these two

06:10:30 matters.

06:10:31 >>MARY MULHERN: Thank you.

06:10:37 Did we already vote on that?

06:10:42 We did?

06:10:43 Okay.

06:10:44 >>ABBYE FEELEY: Land Development Coordination.

06:10:49 The remaining items on your agenda this evening, items

06:10:52 number 47 through 14, just like to quickly go over a couple

06:10:58 of those.

06:10:59 Items number 4, 6, 7 and 8 are all related to the same

06:11:03 zoning, so if it would be the pleasure of council we could

06:11:09 hear number 5 which is a separate peace, separate property

06:11:12 and then come back to 4, 6, 7 and 8 and keep those together.

06:11:18 Item number 9 has already been rescheduled, I believe,

06:11:25 through the city clerk's office for August 18th.

06:11:27 So that would just need to be removed from your agenda this

06:11:30 evening.

06:11:31 And item number 14, that also was rescheduled for 8-18 so

06:11:37 that should be removed as well.

06:11:38 If you would please remove and 14 and then we could start

06:11:41 on 5 at your pleasure.




06:11:43 >> Motion to remove 9 and 14 from the agenda.

06:11:46 >> Second.

06:11:47 >>MARY MULHERN: All in favor?

06:11:50 Okay.

06:11:56 At this time, we can get a motion to open -- a motion to

06:12:12 open the remaining items on the agenda.

06:12:15 >> So moved.

06:12:19 >>FRANK REDDICK: Second.

06:12:20 >>MARY MULHERN: All in favor?

06:12:22 And at this time, if we could ask for anyone who wishes to

06:12:26 speak tonight on any of the items on the agenda to please

06:12:30 stand and be sworn in.

06:12:31 (Oath administered by Clerk)

06:12:42 >>MARY MULHERN: Yes, Mr. Shelby?

06:12:45 >>MARTIN SHELBY: I would ask that all written material

06:12:46 which has been available for public inspection in City

06:12:50 Council's office be received and filed into the record by

06:12:52 motion at this time.

06:12:53 >>ABBYE FEELEY: Good evening.

06:13:02 >>MARY MULHERN: Could I have a motion to receive and file?

06:13:07 All in favor?

06:13:11 >>MARTIN SHELBY: Also, council, a reminder with regard to




06:13:13 any ex parte communications.

06:13:15 If you have had any ex parte communications relative to any

06:13:17 of tonight's hearings please disclose the sum and sum stance

06:13:21 of that communication, with whom it occurred prayer to

06:13:23 taking action, and finally, ladies and gentlemen, there is a

06:13:27 sign-in sheet outside.

06:13:28 Please make sure that your name is on the sheet so it can be

06:13:31 given to the clerk.

06:13:32 Thank you.

06:13:32 >>MARY MULHERN: Item number 5.

06:13:36 We will come back to item number 4.

06:13:38 >>ABBYE FEELEY: Item number 5 on your agenda, Abbye Feeley,

06:13:44 Land Development Coordination, is located at 3805 east Hanan

06:13:48 Avenue and 3716, 3717, 3718, 3719, 3721 east Paris street, a

06:13:56 special use request before you this evening, and the request

06:13:58 is for a place of religious assembly.

06:14:01 Before I let Mr. Garcia speak, this was a church constructed

06:14:13 back in the 1970s, and prior to churches being special

06:14:17 uses within the City of Tampa, and tonight they are here for

06:14:23 expansion for a fellowship hall.

06:14:29 >>TONY GARCIA: Planning Commission staff.

06:14:30 I have been sworn.




06:14:32 A few facts for you as relates to the comprehensive plan.

06:14:37 The site is located within the central planning district,

06:14:41 one of your districts within the city that offers an

06:14:43 opportunity for employment and growth.

06:14:48 As deals with the land use, as Ms. Feeley already stated,

06:14:52 this has already been a church operation, been a fabric of

06:14:54 community for several decades now in this area, the central

06:14:58 planning district.

06:14:59 You can see the predominant land use classification is

06:15:02 residential 10 so it pretty much ensconced by residential,

06:15:05 as you can see.

06:15:06 Also by the barrio.

06:15:08 So what you are going to have is a modification of the site

06:15:10 to allow the church to evolve and better be able to serve

06:15:15 their congregation.

06:15:17 Planning Commission staff found the proposed request

06:15:19 consistent with the comprehensive plan.

06:15:21 >>ABBYE FEELEY: Land development.

06:15:31 Just to finish up on my presentation, Tony had part of the

06:15:35 area that's under the special use request.

06:15:38 It's actually a little bit more than that.

06:15:44 The existing church is here on the north side of Paris.




06:15:49 There's also a smaller structure here.

06:15:51 And then a single-family home back here to be demolished.

06:15:57 When I pulled the construction permit records on this, one

06:16:01 was built in 1974 and the other was built in 1952.

06:16:07 So they are old structures that have been there.

06:16:10 This area on the south of Paris is three parking lots that

06:16:15 were approved through a special use back in '06.

06:16:22 So was an original special use on this in 2001 and then the

06:16:28 church parking issued as a special use in 2006.

06:16:31 And what's before you this evening is really to bring all of

06:16:34 these under one special use.

06:16:39 There are a couple waivers with the request this evening.

06:16:41 Self represent existing conditions.

06:16:43 The first is to reduce the required 10-foot buffer along the

06:16:48 north, west and east as follows, and allow for the use of a

06:16:51 6-foot PVC or wood fence in lieu of the required planting,

06:16:56 from 10-foot to 7.8 on the west, from 10-foot to 8-foot on

06:17:00 the north and from 10-foot to 4-foot on the east to allow

06:17:03 access to a local street which is east Paris street, to

06:17:07 reduce the new building setback from 40 feet to 10 feet on

06:17:11 the east and from 40 feet to 7.8 feet on the west, to reduce

06:17:15 the existing building five Bards yards from 40 feet to 7,




06:17:20 and 40 feet to 19.9 feet on the north, and then to reduce

06:17:24 the buffer requirements for the placement of the rear

06:17:28 loading dumpster enclosure from 10-foot to 8-foot.

06:17:32 There are some required site modifications that need to be

06:17:36 made on pages 2, 3 and 4 of my report.

06:17:41 I have provided those on a revision sheet.

06:17:45 What's existing out there today is a 1,866 square foot

06:17:51 building.

06:17:52 What they are requesting to do this evening is a 3200 square

06:17:55 foot fellowship hall.

06:17:57 Currently, there are 75 feet which requires 23 parking

06:18:01 spaces, and 51 spaces are being provided for the current

06:18:06 use.

06:18:06 If the modifications are made staff will find the request

06:18:11 consistent.

06:18:12 Thank you.

06:18:16 Oh, I didn't show you pictures.

06:18:17 Sorry.

06:18:18 Let me go through those.

06:18:25 This is a picture of the existing building on Paris.

06:18:27 We are going to move east, which there is a parking area

06:18:31 immediately adjacent, and then here is the smaller structure




06:18:34 along Paris.

06:18:37 This is just to the west of the site.

06:18:41 This is to the east of the site.

06:18:46 This is the parking area.

06:18:51 This parking is very typical of what we see in a lot of our

06:18:54 places of religious assembly, drive aisles and then grass

06:18:59 parking with wheel stops.

06:19:01 And that was what was approved back in 2006 to serve the

06:19:07 church.

06:19:07 This is the south side of Paris, family owned.

06:19:17 Staff is available for any questions.

06:19:18 >>FRANK REDDICK: Thank you.

06:19:25 There's a revision sheet that you have there?

06:19:27 The tree and landscape, the second paragraph, could be you

06:19:30 explain to be me, must be removed by hand?

06:19:34 >> Sure.

06:19:37 There is an existing structure that is located on the

06:19:40 property that's going to be removed when the new fellowship

06:19:44 hall is built.

06:19:44 And that falls within the protective radius of grand tree

06:19:49 within 20 feet, so that portion of the structure, when comes

06:19:52 down, needs to be done so by hand, not by a backhoe.




06:19:56 So they could get up until they get to that 20-foot and then

06:20:01 they are going to have to remove the building by hand in

06:20:03 order not to mess with the root system of the tree that's

06:20:08 now located under that part of the foundation.

06:20:10 >> When you say they will have to move it, are you speaking

06:20:13 of the members of this congregation?

06:20:16 Or volunteers that they have?

06:20:18 Who will be doing it?

06:20:19 >> I'm sure the contractor, whoever will be contracted,

06:20:23 doing the demolition.

06:20:25 When they demolish that in order to allow for the new

06:20:27 building to be constructed, they can pretty much do most of

06:20:31 the building with backhoe and regular machinery.

06:20:34 But when they get within that protected radius they will

06:20:37 need to do that portion by hand as not to interfere with the

06:20:40 root system.

06:20:41 Tree.

06:20:41 Pretty large tree.

06:20:42 >> Thank you.

06:20:43 >> I have provided the revision sheet to the applicant.

06:20:49 I do believe all revisions will be made between first and

06:20:52 second reading and they acknowledge that.




06:20:54 Thank you.

06:20:54 >>LISA MONTELIONE: I see a lot of setback reductions here,

06:21:04 and some of them are quite confusing.

06:21:07 So I think in all, the one that maybe -- I'm looking at

06:21:16 this, that seems a bit expensive, is the one that is on the

06:21:24 south side, and it's a reduction to four feet.

06:21:31 If minority arrow is correct --

06:21:34 >> North is not north on this plan.

06:21:35 North is actually east.

06:21:37 >>LISA MONTELIONE: Okay.

06:21:40 >> That would be south.

06:21:44 >>LISA MONTELIONE: Yeah, I know, but I think that's wrong,

06:21:48 I think, because 4-foot on the east, and that's the 4-foot

06:21:53 right there.

06:21:54 So this arrow, I think, is going the wrong way.

06:21:56 >> You're right.

06:21:58 You're right.

06:21:59 We are right here.

06:22:00 The 4-foot buffer to the parking area, okay?

06:22:05 >> What is the adjacent use?

06:22:07 >> Residential.

06:22:08 >> Is there a home there currently?




06:22:11 >> Yes.

06:22:14 This home.

06:22:14 >> Okay.

06:22:17 They seem to have quite a bit of parking because we have the

06:22:20 parking lot right across the street.

06:22:22 So is the 4-foot buffer necessary there because of the

06:22:28 additional parking spaces?

06:22:30 There's one, two, three, four, five, six parking spaces, its

06:22:34 look like.

06:22:35 >> Yes.

06:22:36 Actually, code requires a 3-foot internal buffer, and they

06:22:40 are providing additional buffering there.

06:22:43 Than what is required by code.

06:22:44 I think part of the issue here is adequate drive aisle and

06:22:48 providing the protective radius around the 31-inch oak.

06:22:52 So that shifted things kind of more in that direction.

06:22:57 The 4-foot, the one on the east, there's two different kind

06:23:11 of buffers being presented here.

06:23:12 One is the vehicle use area buffer which I just refused to

06:23:15 as the 3 feet.

06:23:17 The other is the use buffer.

06:23:18 What we have is a youth group, the church, youth group A




06:23:24 which is the home, so it requires a 10-foot buffer so this

06:23:28 is going to be a 4-foot planted buffer with a fence.

06:23:31 >>LISA MONTELIONE: And that's the one maybe I have issue

06:23:37 with.

06:23:37 So we are reducing a 10-foot use buffer to 4 feet.

06:23:41 >> Yes.

06:23:42 But the 107 typically does not have a wall or fence.

06:23:46 It just plantings, shrubs and trees.

06:23:49 When they put the fence there, plus the 4 feet, there's

06:23:54 really good opacity adjacent to residential homes so I think

06:23:57 that's probably why staff didn't raise that as an issue.

06:24:01 Wasn't just a reduction with the shrubs.

06:24:03 They were adding the fence in there which provided greater

06:24:06 buffering.

06:24:06 >>LISA MONTELIONE: Thank you for that explanation and

06:24:13 clarification.

06:24:13 >>MARY MULHERN: Petitioner?

06:24:28 >> My name is Ben Stasiukiewicz, and I represent the Evening

06:24:38 Star Tabernacle Church.

06:24:41 Basically, what you heard, that's about what the church

06:24:47 wants to do is remove the two dilapidated buildings in its

06:24:55 place put the fellowship hall.




06:24:58 One of the buildings was used for like Bible study, and the

06:25:03 other building for administrative offices for the church.

06:25:06 So they were going to trash those buildings, and in its

06:25:10 place put a new concrete block building, and that's about

06:25:19 it, really.

06:25:20 And then just dress up the existing site at the church along

06:25:24 Paris street and Hanna with additional trees and crape

06:25:32 myrtle and hedges which are not there right now.

06:25:36 And any new construction is going to meet City of Tampa

06:25:42 requirements and the Florida building code.

06:25:46 That's about it.

06:25:48 If you have any questions.

06:25:51 >>MARY MULHERN: Any questions for petitioner?

06:25:54 >>FRANK REDDICK: Just for clarification purposes, do you

06:26:02 agree to meet all these requirements?

06:26:06 On this revision sheet?

06:26:07 >> Yes.

06:26:08 >>FRANK REDDICK: Okay.

06:26:10 You have no problem.

06:26:10 >> The church is willing to do whatever it can to put the

06:26:13 new construction.

06:26:15 >>FRANK REDDICK: Okay.




06:26:16 No problem.

06:26:16 >>MARY MULHERN: Is there anyone from the public who wishes

06:26:26 to be speak on this be? Please state your name and address.

06:26:31 >> Rubin Davis, 3715 east Paris.

06:26:37 Ways here for clarification.

06:26:39 And the clarification is I understand there's going to be a

06:26:43 classroom.

06:26:44 And what is this classroom going to be used for?

06:26:47 >> It's probably deceiving.

06:27:02 It's not really classrooms like a school.

06:27:04 It's basically like Bible study.

06:27:06 And there will be like no daycare or anything there, unless

06:27:10 somebody has a small child they want to leave there while

06:27:15 they go to church services.

06:27:17 But it's not like a schooling or anything.

06:27:20 It's Bible study.

06:27:21 And it won't be used at the same time as the church, so

06:27:27 either be the church or the fellowship hall being used.

06:27:42 >> The tree I was also concerned about.

06:27:45 How is the building going to be situated around the big oak

06:27:47 tree?

06:27:48 That's what I don't understand.




06:27:49 >>MARY MULHERN: I think you can ask your questions, and the

06:27:54 petitioner will have an opportunity for rebuttal after we

06:27:56 hear from have been.

06:27:57 So if you could just listen to his questions, and then you

06:28:01 can answer them after.

06:28:04 So just let us know all your concerns.

06:28:06 You have three minutes, or you had three minutes.

06:28:08 >> Okay.

06:28:10 And the other, I understand the existing building has a

06:28:16 foundation that will accommodate -- will that be a feasible

06:28:22 move on top of the existing church?

06:28:30 That would eliminate maybe the big oak tree or whatever.

06:28:35 And the cost of the building, is there going to be any tax

06:28:48 consequences upon the neighborhood itself, upon the

06:28:51 community?

06:28:53 Usually I understand that whenever other buildings which are

06:28:57 more expensive than what's in the neighborhood comes in,

06:29:01 then maybe there might be a tax increase.

06:29:05 I don't nobody how you spread your taxes throughout the

06:29:07 city.

06:29:07 But there may be a tax increase?

06:29:10 I would just like to get clarification on that, also.




06:29:13 >>MARY MULHERN: You are concerned that by expanding the

06:29:17 church that the property taxes might go up in the

06:29:22 neighborhood?

06:29:23 >> Yeah, I just want some clarification on that.

06:29:27 I know the church is tax exempt.

06:29:32 But for the neighborhood?

06:29:35 >>MARY MULHERN: No.

06:29:36 Mr. Shelby, maybe you could answer this question.

06:29:38 >>MARTIN SHELBY: The property is exempt from paying

06:29:44 property tax, the burden does in and out shift to the

06:29:46 adjacent property owners.

06:29:47 >> Okay.

06:29:48 All righty.

06:29:50 I just wanted the clarification.

06:29:52 >>MARY MULHERN: Thank you.

06:29:53 Anyone else wishing to speak on this?

06:30:03 >> My name is Diane Bentley, and I have been sworn in.

06:30:07 >>MARY MULHERN: Just a moment.

06:30:09 We might have a question for the previous speaker.

06:30:14 If he could come back.

06:30:15 >> May be answering his question about the foundation, and

06:30:21 the second floor.




06:30:24 >>YVONNE CAPIN: Did you get -- did anyone answer that?

06:30:30 What was your question about the foundation on the second

06:30:33 floor?

06:30:33 >>MARY MULHERN: We are going to have the questions answers

06:30:36 by either rebuttal or we can have Ms. Feeley answer these

06:30:40 questions.

06:30:42 After we hear from everyone.

06:30:43 We could do that.

06:30:45 >>YVONNE CAPIN: Thank you.

06:30:45 >> Diane Handley, and I'm basically here in representation

06:30:52 of 3713 east grove, and the neighbor across the street.

06:30:57 They asked me as well to voice an opinion as far as about

06:31:00 the concerns which we know the parking but we are concerned

06:31:03 as far as the travel, to be able to travel down the road and

06:31:06 whether that's going to be adding an extra burden as far as

06:31:09 further traffic.

06:31:10 And then the other, the second question was a clarification

06:31:13 that this will not create a playground or a daycare where

06:31:17 kids will congregate together.

06:31:19 We have already had issues with break-ins as far as in the

06:31:22 neighborhood, and don't want to have encouragement offing

06:31:25 kids hang out when there's not adult supervision, not a




06:31:28 daycare, not a playground.

06:31:31 So just clarification as to the fact that there will not be.

06:31:35 That was my question.

06:31:36 Thank you.

06:31:36 >>MARY MULHERN: Any other speakers?

06:31:46 >>FRANK REDDICK: While he's coming up, would you please

06:31:50 explain what is a fellowship hall?

06:31:58 >> The fellowship hall --

06:31:59 >> The reason I ask you that, because I think people have a

06:32:04 misconception of what a fellowship hall is all about.

06:32:08 So would you please explain a fellowship hall?

06:32:11 >>MARY MULHERN: We need the speaker to give us his name and

06:32:14 address.

06:32:15 >> Rev. Jerome Griffin, the pastor of the evening star

06:32:19 tabernacle, of this church.

06:32:21 To answer the question, fellowship hall is a place where we

06:32:25 gong gait, serve meals, fellowship with one another's.

06:32:29 It also can be used as a place whereby we can study the

06:32:32 Bible.

06:32:33 We have vacation Bible school through the summer.

06:32:35 And wean house children's classes in that building.

06:32:41 It is not a daycare.




06:32:42 We don't intend to have a daycare at this time.

06:32:47 We have had -- excuse me, but the council has given us some

06:32:51 hard tasks to meet, and we have thus far been able to do

06:32:55 that.

06:32:55 So we want to be able to create a wholesome and clean area.

06:32:59 The comment that was made by the speaker before me about

06:33:03 children congregating, the church has suffered the loss of

06:33:07 two of its air conditioning units.

06:33:11 We are certainly not saying that children stole it but we

06:33:12 need to start providing adequate training, adequate

06:33:16 facilities, and adequate classes that will help our

06:33:19 children.

06:33:21 Those people that live in this neighborhood know what type

06:33:24 of neighborhood we are living in.

06:33:25 And we are trying, we think, that the fellowship hall and

06:33:29 the building of this building and this church will be a

06:33:32 better asset to the entire community.

06:33:36 We are certainly against drugs, and against children hanging

06:33:42 out 3:00, 4:00 in the morning.

06:33:43 It's not a two-story building.

06:33:45 It's a one-story building.

06:33:47 And the reason why we need it is to take advantage of




06:33:50 whatever space that has been allotted by the City Council

06:33:54 and the codes of the City of Tampa.

06:33:57 And that's our sole purpose.

06:33:59 >>MARY MULHERN: Any questions?

06:34:05 Anyone else wishing to speak on this?

06:34:09 Councilman Montelione?

06:34:10 >>LISA MONTELIONE: Thank you.

06:34:11 The vacation Bible school, Ms. Feeley or Ms. Cole, would be

06:34:18 that prompt any additional codes to --

06:34:22 >>ABBYE FEELEY: No.

06:34:26 Land development.

06:34:26 That's like having evening Bible study.

06:34:29 They are accessory uses that are typical to a place of

06:34:32 religious assembly.

06:34:32 So that is not considered a daycare facility and would not

06:34:36 require it to be daycare in any way.

06:34:39 >> I wanted to clarify that for some of the previous

06:34:44 speakers who had questions or concerns about daycare or a

06:34:48 school.

06:34:48 >> Special use is solely for the church and those accessory

06:34:52 uses to the church.

06:34:53 >>LISA MONTELIONE: Thank you.




06:34:55 >>MARY MULHERN: Any other questions?

06:35:03 This is the opportunity for the petitioner to speak in

06:35:06 rebuttal, to answer any of the questions that you have

06:35:09 heard.

06:35:10 You have five minutes.

06:35:11 >> I want to answer the question about the building.

06:35:20 The building is set back far enough from the oak tree not to

06:35:25 disturb the oak tree.

06:35:28 And it will never be a two-story building.

06:35:31 It just meant to be a small fellowship hall to take the

06:35:35 place of the two buildings that will be demolished.

06:35:42 And there's no intent to put any type of playground or

06:35:45 daycare or anything like that as suggested.

06:35:50 It just for Bible study, and all the activities will take

06:35:54 place inside the building.

06:35:57 And the added parking that was just put there, basically it

06:36:04 will be all turf block, and it was just-e--we added like

06:36:08 maybe six extra space as way from the oak tree there.

06:36:12 Basically just to keep any cars off the street, in case

06:36:17 there's extra people there.

06:36:18 And that's it.

06:36:21 Thank you.




06:36:22 >> I wanted to ask one question.

06:36:28 Are there plans to put a playground in?

06:36:31 >> No.

06:36:31 Definitely not.

06:36:32 >>MARY MULHERN: Thank you.

06:36:46 >>YVONNE CAPIN: Of petitioner.

06:36:48 Vacation Bible school.

06:36:49 What does that entail?

06:36:51 How much time and how many students, and do you have a

06:36:55 number?

06:37:01 If you know the answer, I would appreciate it.

06:37:04 >> Vacation Bible school is usually held in the summer

06:37:09 months.

06:37:12 I'm sorry.

06:37:12 Rev. Jerome Goodman, pastor evening star Baptist church.

06:37:17 It's held in the summer months, five nights out of the week.

06:37:21 Primarily from about 6:00 to 9:00.

06:37:26 And what consists of is small children, we create games and

06:37:32 teach them the Bible and the names of the Bible.

06:37:37 We create other hand paintings, just those five nights.

06:37:43 On Saturday we have what's called the family of the church

06:37:45 picnic.




06:37:46 This past year, we had it at the parking lot, and there was

06:37:51 no problem.

06:37:52 We had the playground things out there for the kids.

06:37:56 And it usually consists, because we are trying to draw the

06:38:01 children in from the neighborhood.

06:38:02 We don't belong to the church.

06:38:05 So one night we maybe have 15 or 20.

06:38:07 The next night we may have 10.

06:38:09 But it's one week out of the year during the summer months.

06:38:13 >> Thank you.

06:38:14 >> Madam Chair, I would move to approve.

06:38:29 >>MARY MULHERN: Need a motion to close.

06:38:31 >>LISA MONTELIONE: Motion to close.

06:38:34 >>YVONNE CAPIN: Second.

06:38:35 >>MARY MULHERN: All in favor?

06:38:36 And motion to --

06:38:38 >>LISA MONTELIONE: Motion to approve the request of the

06:38:40 petitioner.

06:38:40 >>FRANK REDDICK: Second.

06:38:41 >>MARY MULHERN: You need the revision.

06:38:52 >> An ordinance approving a special use permit S-2 approving

06:38:56 a place of religious assembly in an RS-50th residential




06:38:59 single-family zoning district in the general vicinity of

06:39:03 3805 and 3716, 3717, 3718 and 3719 and 3921 east Paris

06:39:10 street in the city of Tampa, Florida as more particularly

06:39:13 described in section 1 hereof providing an effective date

06:39:16 along with the revision sheet that was supplied by staff.

06:39:19 >>FRANK REDDICK: Second.

06:39:21 >>MARY MULHERN: Motion to approve made by Councilwoman

06:39:26 Montelione, seconded by Councilman Reddick.

06:39:29 All in favor?

06:39:31 Anyone opposed?

06:39:33 >>THE CLERK: Motion carried with Suarez and Miranda being

06:39:36 absent.

06:39:36 Second reading and adoption will be on August 4th at

06:39:39 9:30 a.m.

06:39:40 >>MARY MULHERN: We will now go back to item 4 on the

06:39:51 agenda.

06:40:09 We will hear items 4, 5, 6 and 7 -- I'm sorry, 6, 7 and 8,

06:40:17 together -- I think if we could hear all of these, then we

06:40:32 will vote on them separately.

06:40:34 But we could hear them all in sequence.

06:40:40 >>JAMES COOK: Land Development Coordination.

06:40:42 I have been sworn.




06:40:42 We are on item number 4, file C-11-09.

06:40:47 Petitioner is requesting to vacate the west 10 feet of

06:40:49 Sterling Avenue north of Rolling Street approximately 130

06:40:54 feet south of Kennedy Boulevard.

06:40:55 If we go to the Elmo.

06:41:00 Petitioner's property is highlighted in red seeking to

06:41:02 vacate the western piece of Sterling Avenue.

06:41:08 This is a picture looking north from Rolland street, 10 feet

06:41:13 from the back edge of the sidewalk is approximately

06:41:15 midstream of the right-of-way.

06:41:20 Another picture of sterling Avenue looking south towards

06:41:26 Roland street.

06:41:28 This is looking north, mid block toward Kennedy.

06:41:31 I would like to point out to council that this portion of

06:41:33 Sterling was vacated in 2001 so it's no longer right-of-way,

06:41:39 already been vacated.

06:41:41 This is a couple pictures of the petitioner's property.

06:41:44 This is looking west from Sterling Avenue.

06:41:50 This is also looking west from Sterling Avenue.

06:41:53 Another thing I would like to point out, bring out to

06:41:56 council's attention, this vacating request is basically a

06:41:59 redo of one done in 2003 and approved by council with




06:42:03 conditions.

06:42:05 The petitioner failed to meet, therefore he's back with the

06:42:09 same ten feet.

06:42:15 Staff has no objection.

06:42:16 I'm available for questions.

06:42:21 I'm sorry.

06:42:23 Items 6, 7 and 8 are related to this same piece of property.

06:42:27 Those three items are not contingent upon this vacating.

06:42:31 Just to make it clear on that.

06:42:32 >>ABBYE FEELEY: Land Development Coordination.

06:42:40 >>MARY MULHERN: Ms. Feeley, before you start, are you going

06:42:55 to be -- are you addressing item 4?

06:42:59 Or was that -- I mean, yeah, item 4.

06:43:04 >>ABBYE FEELEY: No, I was going on to the next one.

06:43:07 Did you want to take comment on 4?

06:43:12 >>MARY MULHERN: Well, since he was saying that the other

06:43:14 three aren't at any time on this perhaps we should hear this

06:43:17 and vote on it first.

06:43:19 And then we can do the other three together.

06:43:21 >>ABBYE FEELEY: No problem.

06:43:23 >>MARY MULHERN: Any questions on item 4?

06:43:29 Is there anyone who wishes to speak on this vacation request




06:43:34 of item 4?

06:43:37 >> Yes, council members.

06:43:40 I am Jim Mikas, the petitioner.

06:43:46 In 2001, January of 2001, I purchased from the former

06:43:50 church, the Reorganized Church of Jesus Christ, I purchased

06:43:54 the church building.

06:43:56 Prior to be me purchasing it, they secured a vacation of the

06:44:03 10 feet along Sterling.

06:44:08 In 2003, I purchased the house, self houses behind,

06:44:14 including the house that boarded on Sterling.

06:44:19 At the same time, I applied for and secured from the city

06:44:24 the vacation of the same ten feet that had already been

06:44:29 given to the north.

06:44:32 In the ordinance, the city placed a requirement that the

06:44:38 sidewalk had to be moved within six months.

06:44:44 That wasn't the condition on the 2001.

06:44:47 Upon that adoption of that vacation, I went to city staff

06:44:54 with respect to the trees that were located there.

06:44:57 And we visited out there.

06:44:59 We looked at it and we saw that if I moved the sidewalk at

06:45:01 that time, it would basically destroy the big trees that

06:45:06 were there.




06:45:06 So I said, I'm happy to do it now, I'm happy to do it when

06:45:10 we develop.

06:45:11 And the unfortunately I'm the one who made the mistake.

06:45:17 I did not get it documented.

06:45:19 I did not come back to the City Council and say, oh, we are

06:45:22 not going to do it.

06:45:23 And we just did not move the sidewalk.

06:45:26 Now we are in the process of trying to develop the property.

06:45:30 And it was only in the process of the submission of the

06:45:34 special uses that the staff appropriately said, Mr. MIKAS,

06:45:41 there's something in the old vacating ordinance that says

06:45:44 you were to have moved that sidewalk in six months, and you

06:45:49 didn't do it.

06:45:50 And so technically, you know, it went away.

06:45:55 And so that's why we are here now.

06:45:58 It's my error.

06:46:01 I should have come back.

06:46:02 I should have asked to have that clarified.

06:46:04 I should have gone back and said we are going to destroy the

06:46:06 trees.

06:46:07 Now, the staff has determined that those trees aren't

06:46:11 something we want to save at this point.




06:46:13 We are going to replace them.

06:46:14 We are going to put appropriate trees in the right-of-way

06:46:16 there.

06:46:18 Obviously they are growing up into the power lines.

06:46:22 They have been cut back so severely, and they have aged, but

06:46:27 they are not worth saving.

06:46:29 Now is the time to take them out.

06:46:31 But it was my error.

06:46:32 And there was nothing on the part of the city.

06:46:35 I should have come back.

06:46:36 And I'm asking that you revacate it as the staff is asking.

06:46:40 >>MARY MULHERN: Thank you.

06:46:42 Any questions?

06:46:44 Thank you.

06:46:45 Now, if there's anyone who wishes to speak on this vacation

06:46:51 request?

06:46:59 >>LISA MONTELIONE: Move to close.

06:47:02 >> Second.

06:47:03 >>MARY MULHERN: All in favor?

06:47:11 Pleasure of council?

06:47:12 >>HARRY COHEN: An ordinance for first reading, excuse me.

06:47:22 I move an ordinance being presented for first reading




06:47:25 consideration.

06:47:26 An ordinance vacating, closing, discontinuing, and

06:47:29 abandoning a certain right-of-way all that portion of

06:47:31 Sterling Avenue lying south of West Kennedy Boulevard, north

06:47:35 of Roland street, east of Dale Mabry Highway, and west of

06:47:39 Himes Avenue, in Bon Air subdivision, a subdivision in the

06:47:42 City of Tampa, Hillsborough County, Florida, the same being

06:47:45 more fully described in section 2 hereof, subject to certain

06:47:48 covenants, conditions, easement reservations and

06:47:51 restrictions as more particularly described herein providing

06:47:54 an effective date.

06:47:54 >>FRANK REDDICK: Second.

06:47:59 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

06:48:01 by Councilman Reddick.

06:48:04 All in favor?

06:48:04 Anyone opposed?

06:48:06 >>THE CLERK: Motion carried with Suarez and Miranda being

06:48:08 absent.

06:48:09 Second reading and adoption will be on August 4th at

06:48:12 9:30 a.m.

06:48:13 >>MARY MULHERN: We will move on to item 6.

06:48:20 Ms. Feeley.




06:48:21 >>ABBYE FEELEY: We are trying to figure out how to do this,

06:48:31 talks about all three.

06:48:31 For the next three cases -- Abbye Feeley, land

06:48:35 development -- is the property located at Roland, Sterling

06:48:38 and Kennedy Boulevard, and I'll see if I can't kind of lay

06:48:44 out the three applications.

06:48:46 They are three special use applications.

06:48:48 The first is for a parking lot.

06:48:52 The second is for a drive-through window and the third is

06:48:55 for alcoholic beverage.

06:48:56 And although they pretty much complete themselves as one

06:48:59 zoning lot, they are on three different portions of this

06:49:04 site.

06:49:10 So as I just refused to Kennedy Boulevard to the north,

06:49:15 Sterling to the east, Roland to the south, Dale Mabry to the

06:49:17 west.

06:49:17 This is CVS here.

06:49:19 This not included in what we are talking about this evening.

06:49:23 The southern part here, that is where the parking lot,

06:49:29 special use for the parking lot is being requested.

06:49:31 We are going to talk about that first, and that is currently

06:49:33 residential single-family.




06:49:35 As you know, special uses, special permission use that sit

06:49:40 on top of the zoning, and this does not rezone the property.

06:49:43 If at any time the special use ceases operation for a period

06:49:46 of 180 days, that special use is then lost and must be

06:49:51 reapplied for.

06:49:52 The second piece we are going to talk about will be the

06:49:54 drive-through here.

06:49:56 The drive-through is going to be added to an existing

06:49:59 building.

06:50:00 This is zoned commercial general, a drive-through window in

06:50:04 commercial general zoning district is a special use 2, which

06:50:07 is before City Council this evening.

06:50:10 And the last will be the reuse of property here for a

06:50:15 restaurant use, which is a permissible use in the CG

06:50:18 district, and the request this evening on that piece is for

06:50:21 alcoholic beverage, 4(COP-R).

06:50:24 That's beer, wine and liquor associated with a restaurant

06:50:28 for consumption at the restaurant only, no package sales.

06:50:33 So we'll go ahead and lay those three uses out.

06:50:36 Maybe what I will do is let Tony talk about the

06:50:39 comprehensive plan.

06:50:40 It going to be all the same for this one piece and then




06:50:42 we'll come back to them.

06:50:45 >>MARY MULHERN: Planning Commission?

06:50:57 >>TONY GARCIA: Planning Commission staff.

06:50:58 I have been sworn.

06:51:01 This piece has some history.

06:51:04 It been in front of this council several times, probably

06:51:06 over the last eight or ten years.

06:51:11 But we are not going to go into that much of the history.

06:51:15 And you are going to decide this evening.

06:51:21 What's really interesting about this piece geographically as

06:51:24 it relate to the planning districts in your comprehensive

06:51:27 plan is, you know, it's not unusual to see within the

06:51:35 planning district, pretty much never going to skirt the

06:51:37 boundary, but this one happens to be directly on the line

06:51:40 here for the South Tampa planning district, and right on the

06:51:45 line here for your central planning.

06:51:51 It's really, really interesting.

06:51:52 It right on the border.

06:51:56 And what we had is something that actually pertains to both

06:51:59 district.

06:51:59 Because we have one district that is the South Tampa

06:52:02 district, which allows for opportunities for in-fill




06:52:06 development which is exactly what this is.

06:52:08 This is an in-fill development on a commercial corridor,

06:52:10 commercial thoroughfare, and of course we have the central

06:52:13 planning district which offers opportunities for employment

06:52:17 and opportunities for commercial and residential growth.

06:52:20 In this particular case we are looking at commercial in-fill

06:52:23 property.

06:52:27 In regard to one of the parcels, this is the one really

06:52:30 where -- this is strictly what we are looking at over here.

06:52:38 This is allowed to have a CG general commercial use as Ms.

06:52:41 Feeley already stated, it's already zoned for general

06:52:44 commercial so this is strictly a special use to allow a

06:52:48 drive-through for this site.

06:52:50 That's all that's being asked of council this evening.

06:52:53 These land use categories, this is regional mixed use 100,

06:52:56 your highest mixed use category in the City of Tampa, the

06:52:59 second highest central business district in the downtown

06:53:04 area.

06:53:05 This lavender/purple color is urban mixed use 60 which is

06:53:09 the second most intense mixed use category you have.

06:53:13 It got F.A.R. in excess of 2.

06:53:16 It has a residential potential of 60 dwelling units to the




06:53:20 acre.

06:53:22 Then you have, as you go into the neighborhoods, this is

06:53:25 community mixed use 35 on the southern part of south Dale

06:53:28 Mabry.

06:53:29 This is residential 20.

06:53:30 This is residential 10.

06:53:32 We know the CVS is on the corner over here.

06:53:35 So far some strips.

06:53:37 Tampa Commons over here.

06:53:39 Then we have CG uses north and south on Dale Mabry and of

06:53:42 course on Kennedy.

06:53:43 This is one of the most commercially intensive intersections

06:53:46 in the City of Tampa.

06:53:47 At the intersection of Kennedy and Dale Mabry.

06:53:51 These properties from the comprehensive plan aspect are

06:53:54 properties that in our view have been underutilized, in some

06:53:58 cases blighted for several years now.

06:54:00 Not just the properties to the north, but also as I showed

06:54:03 you now, the properties to the south, which is part 2 of the

06:54:09 request looking at the overall object.

06:54:12 And this request is really parking for this particular use

06:54:16 over here, which is already zoned CG, again, to allow, I




06:54:20 believe, is this a restaurant that's going to be here?

06:54:24 Okay, this is proposed to be a restaurant.

06:54:26 So this parking is to allow this to be able to function and

06:54:29 provide for the additional parking over here for this

06:54:31 particular site.

06:54:32 So you had homes in a blighted state for, I would say, at

06:54:38 least six years in my memory, probably longer than that.

06:54:41 I'm sure the neighbors know much better than I.

06:54:43 But I know it been at least six years that it's been in this

06:54:46 kind of state.

06:54:47 So I think from an aspect of being able to provide more

06:54:51 safety and be able to have use of the site, you are going to

06:54:55 have a mixture of uses on the site, be able to contribute to

06:54:57 the tax base now by having -- by offering the opportunity

06:55:02 with these two special uses to allow these two properties to

06:55:04 develop so much better use than what they are currently

06:55:08 right now.

06:55:08 Based on what's being provided as fact to us in the land

06:55:11 uses that are here, Planning Commission staff found the

06:55:14 proposed request for these two uses consistent with the

06:55:17 comprehensive plan.

06:55:19 Yes, ma'am?




06:55:22 >>YVONNE CAPIN: Both buildings are going to be a restaurant?

06:55:24 There are two buildings there.

06:55:29 There's the church --

06:55:31 >>TONY GARCIA: That is correct.

06:55:33 I specifically wanted to bring to your attention that these

06:55:36 are two special uses.

06:55:37 The special use that's in front of you is strictly for a

06:55:40 drive-through.

06:55:41 I think this is going to be a Dunkin' Donuts.

06:55:45 And I think it may even be vertically integrated which means

06:55:49 they have potential to go ahead and put some type of use up

06:55:52 one story, I believe, so, yeah, the integration of uses on

06:55:57 that site.

06:55:57 This site is supposed to be for a restaurant.

06:55:59 But again, my point is, those are uses that are already

06:56:02 allowed.

06:56:03 So all that's before you this evening is a special use to ab

06:56:05 Lao the drive-through for this, and to use this residential

06:56:08 20 property back here for additional parking for this

06:56:12 restaurant over here.

06:56:14 >>YVONNE CAPIN: I understand that.

06:56:15 I heard one restaurant, and I knew there were two buildings.




06:56:18 So thank you for clarifying that.

06:56:21 >>TONY GARCIA: No problem.

06:56:21 >>ABBYE FEELEY: I realize I only gave you the parking lot

06:56:33 so far in your package so I will give you the second package

06:56:36 when we get to the second request for the drive-through.

06:56:39 The site plans before you are all going to be very similar

06:56:43 and should be consistent with one another.

06:56:46 >> Maybe we ought to get all the information now on the

06:56:49 site.

06:56:49 That way, we have all.

06:56:52 >>MARY MULHERN: I think that's what we are going to do,

06:56:59 since it's all part of one.

06:57:01 >> My question, if you could let us know, because of your

06:57:07 questions.

06:57:07 >>ABBYE FEELEY: I'm going to lay out having in my

06:57:10 presentation.

06:57:11 >>MARY MULHERN: So are both buildings, are they reuse?

06:57:16 >> Yes.

06:57:17 Both buildings are being retained.

06:57:19 >>MARY MULHERN: Thanks.

06:57:21 >>ABBYE FEELEY: Let me give you those.

06:57:26 On the revision sheet, what we are really trying to do is




06:57:29 just get all three site plans to be consistent, so there's

06:57:32 some minor modifications that need to be made to all of them

06:57:35 in order to make sure that they are each reflecting what the

06:57:39 other has on it.

06:57:41 Also in the packaging I am going to give you for the alcohol

06:57:44 beverage request, I do have the report from Donald Miller on

06:57:50 that as well this evening.

06:58:23 Really, if you utilize any one of the site plans they should

06:58:25 be pretty close in representing all three of the scenarios

06:58:28 that we are discussing, with some minor tweaks.

06:58:32 So V-11-66 is a request for a parking off-street commercial.

06:58:40 It is a special use.

06:58:41 And the special use criteria associated with establishing a

06:58:45 parking lot in the residential is on page 6 and 7 of owe of

06:58:50 your staff report.

06:58:51 And the first criteria is that the property to be used for

06:58:54 commercial parking must be immediately adjacent to and not

06:58:57 separated by a street right-of-way from the commercial use

06:59:00 it will serve, and this is adjacent to the commercial use

06:59:04 that it will serve.

06:59:06 The second is that the commercial use which is served by the

06:59:09 parking must be located in an office or commercial district,




06:59:13 which it is, it is commercial general to the north, and in

06:59:17 residential zoning districts the size of the property to be

06:59:20 used for parking shall be based on the size of the

06:59:22 commercial office uses served, and it shall not extend more

06:59:26 than 100 feet from the closest boundary of the commercial or

06:59:29 office zoning district.

06:59:30 This is the only waiver that is associated with this request

06:59:33 this evening is that the lot is 135 feet deep, so it extends

06:59:38 35 feet passed 100 feet and I'll show you that on the map in

06:59:44 a minute so you can see that extension.

06:59:46 Lastly, it says that the commercial parking shall only be

06:59:49 used for parking of operative vehicles used by the

06:59:52 employees, customers and clients of the commercial and

06:59:54 office use.

06:59:54 So there may be no storage of inoperable vehicles.

06:59:58 There will be no storage of commercial trucks or vans, no

07:00:01 open display, no open storage, nothing can be taking place

07:00:05 in that parking lot except for parking, and those cars

07:00:09 cannot remain there overnight.

07:00:15 So we'll try our best -- and I have some of my own notes on

07:00:23 it here.

07:00:26 The platted lot is 135 feet deep.




07:00:31 The way that the special use criteria reads, it says if you

07:00:34 are putting a parking lot within a residential district,

07:00:38 that it should only extend 100 feet from the commercial

07:00:43 district that it's serving.

07:00:45 So this is 135 feet deep.

07:00:49 The parking does not come up to the property line.

07:00:53 There is a 13-foot buffer to where the parking spaces start,

07:00:57 and that 13-foot buffer does include a 6-foot masonry wall

07:01:05 that starts over at the western boundary and does continue

07:01:07 all the way, Sterling, and then that 6-foot wall continues

07:01:12 up Sterling.

07:01:13 So there is a 6-foot masonry wall.

07:01:15 And the south side of that wall is a 10-foot buffer that

07:01:20 will be planted with trees and shrubs.

07:01:23 So I am asking that the waiver be revised to be 135 feet,

07:01:29 because the parking as a use extends 135 feet, and the

07:01:33 criteria is 100.

07:01:35 So I do want to make sure that we are being as conservative

07:01:37 as possible in listing that waiver.

07:01:43 There are 84 parking spaces that are being provided in this

07:01:46 lot to serve the commercial use to the north.

07:01:50 As previously discussed, CVS is located to the west.




07:01:54 There is residential along Roland to the south, commercial

07:01:59 to the north across Kennedy, and a mix of both commercial

07:02:03 and residential on the east.

07:02:06 Staff did have a couple of comments and revisions as I

07:02:12 previously mentioned that needed to be added, but none of

07:02:14 the staff had an objection to the request for the use.

07:02:19 So that is the first use, is the parking lot.

07:02:28 Any questions on that?

07:02:30 Okay.

07:02:30 So there is a 6-foot masonry wall.

07:02:33 If there's an additional buffer on the outside of that wall

07:02:35 facing the neighborhood of 10 feet, that will be planted,

07:02:40 and all internal green space and tree requirement are,

07:02:47 because you cannot give waivers to chapter 13 so all of that

07:02:49 must be met.

07:02:50 All tree and landscape code must be met with this

07:02:54 application.

07:02:59 Let me show you some pictures of that area.

07:03:04 Jimmy showed you a couple.

07:03:05 >>MARTIN SHELBY: Just so the clerk is clear, the only

07:03:08 revision sheet that's been passed out is for the 11-206.

07:03:13 There is none for --




07:03:15 >> Yes, I passed that out as well.

07:03:17 And there is one for 114 as well.

07:03:20 >>MARTIN SHELBY: Thank you.

07:03:26 >>ABBYE FEELEY: I want to let you know I am going to start

07:03:35 here at the southwest corner, and I am going to move down

07:03:38 towards Sterling, then I am going to come back and go down

07:03:41 the south side of Roland, and then I have some shots from

07:03:45 Kennedy as well.

07:03:46 And I also have some shots of this intersection.

07:03:49 >>MARY MULHERN: Now what are you moving into now, the

07:03:53 drive-through?

07:03:54 >> No.

07:03:55 I am still on the parking lot.

07:03:56 Let me just show you some pictures.

07:03:59 I want to go ahead now and do the photos that I have of the

07:04:02 entire site.

07:04:08 This is the last single-family structure that's left on

07:04:11 those south lots.

07:04:13 This is at the western boundary of the parking lot and we

07:04:16 are now moving east towards Sterling.

07:04:22 Looking north toward Kennedy.

07:04:24 You will see there is a rear shot of the church that is




07:04:29 going to be an adaptive reuse and turned into a restaurant.

07:04:42 This is the south side of Roland.

07:04:45 Now moving west toward Dale Mabry.

07:04:49 There is single-family.

07:04:51 There is some old multifamily, tried to rezone.

07:04:58 Another single-family.

07:05:05 Here is moving west down Roland.

07:05:08 There's office use.

07:05:10 And then at the intersection of Roland and Dale Mabry, there

07:05:14 is the oil change location there.

07:05:26 Some pictures of the CVS.

07:05:27 The CVS is a planned development at that intersection.

07:05:31 This is looking north.

07:05:35 And coming down Kennedy, it's extremely hard to take shots

07:05:39 directly on Kennedy.

07:05:41 This is the front facade of the existing church.

07:05:47 This is the store that's going to be adaptive reuse for

07:05:51 Dunkin' Donuts.

07:05:52 On the site plan you will see it's also proposed for ten

07:05:55 units, apartments a pop.

07:06:00 That's what we refer to as a storefront residential use or

07:06:03 mixed use development.




07:06:04 That could be done under the CG.

07:06:06 That is allowable by rights.

07:06:07 So we will know what's really in question this evening.

07:06:12 This is the side of the structure where the window will be

07:06:15 located as you can see on your site plan.

07:06:21 That's looking west.

07:06:22 And then looking north at the intersection of Roland and

07:06:25 Sterling.

07:06:35 We just covered the parking lot, 84 spaces being provided,

07:06:38 the wall, the buffer.

07:06:39 We are going to now move to the fabric store that I showed

07:06:44 you that would be converted to a restaurant, retail use on

07:06:46 the bottom floor with a drive-through window.

07:07:02 These are the elevations that I have been provided in your

07:07:06 package.

07:07:09 Special use request for drive-in window at 37 west Kennedy,

07:07:23 V-11-206.

07:07:25 There are no waivers being requested with the drive-through

07:07:27 window.

07:07:27 Let me quickly go over the criteria that are required for a

07:07:30 drive-through window special use.

07:07:32 There are three criteria. They are located on page 6 of




07:07:35 your staff report.

07:07:36 The first is that the site will have direct access to

07:07:40 arterial or collector street as shown on the major street

07:07:43 maps.

07:07:44 West Kennedy Boulevard is an arterial roadway.

07:07:49 The second is that adequate space shall exist within to

07:07:54 allow vehicles to queue prior to using the drive-through,

07:07:57 the standard typically 154 feet, and this queuing has been

07:08:00 met on-site.

07:08:02 Therefore no waiver is being requested for that criteria.

07:08:05 Lastly, there is the criteria that both the queuing lane and

07:08:08 the drive-in window shall be at least 50 feet from any

07:08:11 property which is a residential use is located on.

07:08:14 There is no residential use adjacent to this property.

07:08:17 Therefore, the criteria for special use for a drive-through

07:08:20 window has been met.

07:08:22 There are minor modifications that need to be taken care of

07:08:25 on the site plan.

07:08:29 One of them that I wanted to talk about is no

07:08:37 transportation, because I know there are some concerns a --

07:08:41 on the part of some of the residents.

07:08:49 There is a request from transportation that signage be added




07:09:01 here, that there can be no right turn.

07:09:05 This is going to be an in-only.

07:09:07 You are going to come in H.you are going to go around the

07:09:10 property, or you are going to come in this way and get into

07:09:13 the drive-through.

07:09:14 When you are done at the drive-through you cannot exit this

07:09:17 way.

07:09:17 You will have to go back around and then go out.

07:09:20 So there is a request there that that be added in order to

07:09:26 ensure the traffic flow properly.

07:09:28 Also, take care of in the parking lot request.

07:09:38 There is going to be a sign placed here for a left-out only

07:09:46 of property.

07:09:49 So there will be a stop sign.

07:09:50 And then under the stop sign it will say no right turn or

07:09:54 left turn only per city standard.

07:10:00 So that covers the parking lot, and the drive-through

07:10:04 window, and the last request is a special using for

07:10:07 alcoholic beverage request.

07:10:09 And that is going on the church building, which will not be

07:10:16 a church serving alcohol.

07:10:18 The request is for a 4(COP-R) which is beer, wine and liquor




07:10:24 in association with a restaurant, and it is for consumption

07:10:27 on the premises only.

07:10:28 Therefore, no package sales would be permitted.

07:10:40 We are back where we are again.

07:10:43 Here is the proposed elevation, retaining the existing

07:10:47 church building, and also adding an entry feature, portico

07:10:51 shade type feature and having an open area in the middle.

07:11:00 There are three waivers associated with this request.

07:11:05 The first is a parking waiver for -- to reduce from 137

07:11:11 spaces to 115 spaces.

07:11:12 The 137 is everything that we have discussed tonight.

07:11:16 It's the restaurant, the retail, the apartments, the fabric

07:11:20 store, and the reuse of the church building as a restaurant.

07:11:26 When you take all the proposed development on the site and

07:11:29 do you the parking calculations, there's a total of 137.

07:11:32 When you look at the approval of the parking lot, plus the

07:11:36 parking spaces that are being proposed adjacent to the

07:11:39 restaurant and adjacent to the retail restaurant building,

07:11:44 there are 115 spaces.

07:11:49 Because of the three special uses before you tonight, the

07:11:52 drive-through window does not have parking requirements, and

07:11:55 the parking lot at 12th does not have parking requirements.




07:11:58 That is why the parking waiver travels with the alcoholic

07:12:01 beverage, because for a special use under alcoholic

07:12:04 beverage, it does require that you meet parking.

07:12:07 So that's why you see the parking waiver under that request

07:12:11 this evening.

07:12:12 It is a 16% reduction.

07:12:16 And I believe that when the applicant comes up, they will

07:12:18 discuss how the offset of the hours between the restaurant

07:12:21 and the retail use that has an AM peak, that 16% should not

07:12:28 be negative reduction given the mixed uses on the property.

07:12:33 The second waiver is to reduce the required minimum distance

07:12:36 from 100 feet to 119 feet for residential, and I'll show you

07:12:44 where that residential is.

07:12:45 That 119 feet to the closest residential is to this home

07:12:51 here.

07:12:54 And then there is a request to reduce the required minimum

07:12:58 distance separation to other establishments selling

07:13:00 alcoholic beverages, and that's 136 feet.

07:13:03 If you will look at page 3 of your staff report, it will

07:13:06 show you all the other establishments within 1,000 feet of

07:13:10 this property that do sell alcoholic beverage, and it

07:13:14 appears to be maybe a dozen of them.




07:13:16 The closest is Enzos, west Kennedy, 136 feet.

07:13:22 And all the other establishments including CVS, Leningraf

07:13:28 Ty, Ruby Tuesday, Shell's, Walter's, all within 1,000 feet

07:13:31 and listed on your report.

07:13:36 To be consistent with my presentation and go over the

07:13:38 special use criteria for the alcoholic beverage, those are

07:13:43 found on page 7 of your staff report.

07:13:46 This is a large venue, because this occupant load is more

07:13:50 than 299.

07:13:51 The first criteria, it will have a full kitchen.

07:14:02 So that is being provided.

07:14:04 The proposed hours of operation are going to be 11 a.m. to

07:14:14 2 a.m. Sunday through Thursday and 11 a.m. to 3 a.m. Friday

07:14:18 and Saturday.

07:14:25 Go back to that page.

07:14:28 I'm sorry, page 8 which goes through back to the first one

07:14:32 says shall comply with parking, covered that, a waiver being

07:14:35 requested for 22 spaces.

07:14:37 The minimum distance separation of 1,000 feet.

07:14:41 I have covered that.

07:14:42 There are two waivers for that.

07:14:48 There are minor modifications required on this site plan as




07:14:50 well in order to have the items be consistent.

07:15:00 And I think that that is it.

07:15:03 I have reviewed all the revision sheets with the applicant.

07:15:05 And we have been in communication, I believe the applicant

07:15:09 is amenable to make all corrections between first and second

07:15:12 reading for all three applications, and staff is available

07:15:15 for any questions.

07:15:32 >>MARY MULHERN: Councilwoman Capin, did you have a

07:15:34 question?

07:15:36 >>YVONNE CAPIN: Yes, okay.

07:15:38 I'm just going to repeat the conditions which would be the

07:15:41 waivers.

07:15:41 The conditions for alcoholic beverage permit, which is a

07:15:46 waiver on the parking, 216 from -- is it 119 from 135?

07:16:00 >> It's 137 to 115 is 22 spaces.

07:16:06 >>YVONNE CAPIN: 22.

07:16:07 And two waivers would be 1,000-foot setback, and those are

07:16:11 the conditions on the site plan.

07:16:12 And the hours.

07:16:18 So that would complete the conditions?

07:16:22 For the waiver.

07:16:23 Okay.




07:16:23 So we have conditions.

07:16:24 Thank you.

07:16:24 >>MARY MULHERN: Any other questions?

07:16:30 Petitioner?

07:16:30 >> Thank you, council.

07:16:39 I'm going to introduce you to Luke Pappas for the Pappas

07:16:43 family.

07:16:44 Luke did not intend to have a specific statement, but he's

07:16:47 available to answer any of the questions.

07:16:49 Luke, would be you identify yourself?

07:16:53 I'll tell you how he fits in.

07:16:55 And then, also, there was going to be the representative,

07:16:58 the owner of the Dunkin' Donuts, Nick and Rosa Lee but they

07:17:05 had a family matter that they could not attend and are out

07:17:09 of town, unfortunately.

07:17:10 I believe I can answer most of the questions regarding

07:17:12 Dunkin' Donuts and they have given me a lot of the

07:17:15 information which I am going to tie into the parking issue

07:17:18 and their use.

07:17:19 Historically, I have been given this term in discussing with

07:17:24 the staff, adaptive reuse.

07:17:27 We have a property.




07:17:32 Somehow it come to us through a good broker who brought some

07:17:37 people here, the Pappas family, and the Dunkin' Donuts, and

07:17:42 came up with the idea that they could use the church

07:17:45 building as a restaurant, and the current fabric store,

07:17:50 which was formerly a TECO building office and a paint store

07:17:53 even before then, could use that as a Dunkin' Donuts and on

07:17:57 the uses.

07:17:59 Historically, this property, you may not be too aware of it,

07:18:06 but the church itself was built in 1942 on drew field.

07:18:14 It was the church for the training for the Army air corps.

07:18:17 And in 1949, it was moved from drew field which became Tampa

07:18:24 Airport and moved at a time when you didn't have the issue

07:18:26 of the expressway, the overpass.

07:18:29 It was moved to this site.

07:18:31 So this church has been on that site -- it wasn't built

07:18:35 there.

07:18:35 It was moved there.

07:18:37 The reason that we looked to reusing it is I'm not sure who

07:18:48 has -- if you have not had the opportunity to see the inside

07:18:52 of it, exteriorwise it's not exactly the most attractive,

07:18:55 but interior, the Pappas family is going to tush it turn it

07:18:59 into a beautiful restaurant, taking advantage of a 29-feet




07:19:03 of clear height.

07:19:05 The beams and continue being with the wood ceilings and the

07:19:10 chandeliers.

07:19:10 The building does have some problems.

07:19:12 Built in 1942, it has no insulation, and so the windows, we

07:19:19 are going to tear off all of the outside side being and the

07:19:22 inside, put the insulation in the right way, effectively

07:19:27 turning it into ab modern building for purposes of air

07:19:32 conditioning and whatever.

07:19:34 But the building is a beautiful building, and it should be

07:19:37 preserved, and not done away with.

07:19:44 The other building that was built in 1961 either for TECO or

07:19:49 by TECO at their building office, that's the background I

07:19:52 was given by a person I bought it from.

07:19:56 I bought the church in January of 2001, bought the houses in

07:20:02 '502 and 03 in the back and then bought the fabric store,

07:20:08 the red white and blue building, in 2004.

07:20:15 The intention was to develop it early, but Christ the king,

07:20:22 good Shepherd, Lutheran, Palma Ceia Presbyterian, and St.

07:20:28 Mary's Episcopal came to me ahead of time that in 2001,

07:20:32 right after I bought it, and suggested a church, and

07:20:36 suggested that the city wanted to move from Seminole




07:20:39 Heights, move the number of people that were congregating at

07:20:43 the Metropolitan Ministries, the food program, and so they

07:20:48 decided to disburse it.

07:20:50 And I agreed with the churches, that on a temporary basis

07:20:54 they could make use of the church building, the fellowship

07:20:57 hall.

07:20:58 And so never intended that within ten years that they would

07:21:02 use it.

07:21:02 But they have been operating it for ten years.

07:21:05 And John wolf is here from the faith cafe, from the church,

07:21:10 that if you have any questions relative to what they are.

07:21:14 Never intended to be this far before we developed it, but

07:21:17 now here we are.

07:21:17 And it the right use.

07:21:19 It's a reuse.

07:21:20 It property that we intend to make a positive statement for

07:21:24 this community that's had to endure this for too long.

07:21:28 I'm sure that the community is going to have some comments,

07:21:31 some things -- and I'm happy to listen to what -- things

07:21:35 they might need to do there including that stop sign that I

07:21:38 think that right turn, right in and left out.

07:21:43 Absolutely we must do that.




07:21:46 Let me talk about the Pappas family.

07:21:48 Pappas family, it's a well-known name, famous name in the

07:21:53 restaurant business.

07:21:53 They are the right family, the right place.

07:21:55 This is an ideal corner with their name tied to this church

07:22:00 particular church preserving an asset that has been

07:22:04 historical.

07:22:06 Unfortunately it's not historical from an income tax

07:22:08 standpoint, and I don't get any credits.

07:22:10 It just two years too young.

07:22:12 But it's a part of history of Tampa, and the Pappas family

07:22:16 is part of the history of Tampa in the area, and the two

07:22:18 together with an appropriate adaptive reuse are going to

07:22:21 make good use of it.

07:22:23 Now let me talk about the issue that relates to the

07:22:26 competing uses of the restaurants.

07:22:29 Dunkin' Donuts, according to Nick Papalaras does 80% of

07:22:38 their business between the hours of 6 a.m. or 5:30 a.m. and

07:22:41 11 a.m., and so that use is not going to demand parking at

07:22:45 the same time that the Pappas family is going to be

07:22:48 operating the restaurant from 11 -- through the evening.

07:22:52 So when bee looked at the calculations for the parking




07:22:55 spaces, we believe that we have adequate parking.

07:22:58 If we don't, then we are going to have to find some more in

07:23:01 the long-term.

07:23:03 We want appropriate parking not on the streets, and we will

07:23:06 find parking if there is a problem.

07:23:09 And the business can't operate without sufficient parking,

07:23:14 but we believe the number is appropriate.

07:23:16 Appropriate because of the time difference.

07:23:22 I'm trying to think of what other questions you have.

07:23:25 And if you have any questions for Luke Pappas, feel free to

07:23:33 ask those.

07:23:34 Thank you.

07:23:35 And I do agree to all those revisions that you have come up

07:23:39 with.

07:23:39 >> (off microphone).

07:23:51 >>MARY MULHERN: Any questions for the petitioner or for

07:23:54 staff?

07:23:55 >> I would like to make a statement to the petitioner.

07:23:57 I think that reusing the building, I know this was not your

07:24:00 intention to be ecofriendly, but I must say that the

07:24:05 creative reuse of the building without tearing it down,

07:24:09 without sending all of those materials to the landfill,




07:24:13 without -- this church is 1942, does have some historical

07:24:17 significance.

07:24:18 Maybe the Pappas family will educate their patrons as to the

07:24:22 history of the church.

07:24:23 But I think it's a great project to look at, how you can

07:24:30 take our existing building stock and refashion it rather

07:24:35 than bulldoze it.

07:24:37 That's the only comment.

07:24:37 >> You are making me think of one thing.

07:24:41 The concrete block wall on the parking lot, the intention is

07:24:46 to be take that ten feet to make that a vegetative cover,

07:24:51 that was a term they threw out to me at the staff.

07:24:53 It's not my term.

07:24:54 Vegetative cover, meaning either vines and bushes, vines,

07:25:00 bushes, extra trees, I'm open to working out something that

07:25:06 the neighbors on the other side of the street will work with

07:25:10 the most attractive so that they are looking at the most

07:25:13 attractive wall treatment that we possibly can.

07:25:16 >>MARY MULHERN: I have a couple of comments.

07:25:23 I just heard the other day that you can now grow olive trees

07:25:28 can be planted in Florida.

07:25:30 >> Okay.




07:25:31 >>MARY MULHERN: And I know we do grow some grapes here.

07:25:36 Also, the ceiling is so high, the church is beautiful.

07:25:41 It was nice to see an interior shot.

07:25:45 It's going to be loud in there unless you figure out some

07:25:47 kind of sound buffer.

07:25:48 >> They have hired a quality consultant, and they are very

07:25:53 skilled at their restaurants.

07:25:55 Obviously they have been in the business for so many years.

07:25:57 >>MARY MULHERN: And the other thing I wanted to say for

07:26:01 many of us on council, spent many hours in the fabric store,

07:26:08 not shopping for fabric but working on a presidential

07:26:10 campaign a long time ago.

07:26:12 >> That's why it's red, white and blue.

07:26:14 >>MARY MULHERN: That's right.

07:26:20 Any other questions?

07:26:21 Okay.

07:26:23 Anyone who wishes to speak on this?

07:26:25 Anyone from the public who wishes to speak, please, if you

07:26:28 could stand, if you are able to, along the wall so we can

07:26:33 see how many people want to speak.

07:26:37 Please come up.

07:26:41 And has have been who wishes to speak on this or any other




07:26:46 item tonight been sworn?

07:26:48 >> Good evening.

07:26:50 I'm Mary Jo, and I live at 3705 quest Platt Street and this

07:26:57 will be 54 years in November that I have resided there, and

07:27:00 I have been sworn.

07:27:04 Hopefully, each of you reviewed and received the Bon Air

07:27:08 neighborhood association envelope that I delivered to you

07:27:17 yesterday so you have our thoughts, et cetera.

07:27:19 One thing I want to ask at the very beginning before I read

07:27:21 my little note is about the Dunkin' Donuts, and the studio

07:27:28 apartments above.

07:27:30 Where are they going to park as they say no overnight

07:27:38 parking in the parking lot?

07:27:40 Do they have an exact designated place for them?

07:27:44 Because sometimes in studio apartments, there could be two

07:27:47 vehicles for each one.

07:27:50 So that may be a concern.

07:27:55 And that just came up in listening.

07:27:57 But some of our concerns are, A, V-11-114 and 206 we

07:28:04 support.

07:28:06 And V-11-66, we want to support it, and we will if the

07:28:15 following items are added to the official plan.




07:28:20 If not, we would request you deny.

07:28:23 It sound that everything has been covered, but I will read

07:28:26 our concerns anyway.

07:28:27 The permanent city left-turn-only sign placed at south

07:28:35 Sterling, which I believe they addressed that this evening,

07:28:38 and the City of Tampa transportation division supports that,

07:28:43 also.

07:28:44 The wall between the CVS and these properties to remain

07:28:49 permanently unbroken to a sure no cross traffic that could

07:28:54 potentially increase the traffic flow into Bon Air.

07:29:00 There is in a other reason to have cross-traffic because CVS

07:29:03 has access to Dale Mabry and Kennedy.

07:29:07 That's the only way you can get in and out of there any way.

07:29:09 So we of course the shrubbery next to the 300-foot wall,

07:29:15 because it's going to be like a football field long wall.

07:29:18 And between the trees and Roland and Sterling, which that

07:29:24 also was addressed.

07:29:27 And I believe you have pictures that were included in your

07:29:31 packet.

07:29:32 Would you like me to show them again?

07:29:36 Was just for the desired look for the wall.

07:29:42 They were in with your packets.




07:29:44 Would you like to be see them or show them again?

07:29:47 >>MARY MULHERN: You can show them if you have them handy.

07:29:49 >> Do you put it down?

07:29:52 >>MARY MULHERN: Yes.

07:29:52 You are doing it right.

07:29:53 Just turn it.

07:29:54 There you go.

07:29:55 >> That's just the desired look.

07:30:10 It doesn't show trees.

07:30:11 There's another one.

07:30:12 These are currently residential lots on one side with one

07:30:18 house left.

07:30:30 We respectfully request these items be added to the plan and

07:30:33 I believe they have been.

07:30:34 We are anxious for improvement on these properties.

07:30:36 Compliance is everything.

07:30:38 Thank you.

07:30:38 >> Before Mr. MIKAS does rebuttal, I just want top confirm

07:31:06 that staff is requesting that that left turn only sign be

07:31:09 placed at the Sterling driveway.

07:31:14 The question about cross access, the CVS is a PD.

07:31:19 The only way cross-access to could ever be achieved would be




07:31:22 to come back before you because it would be considered a

07:31:24 substantial modification and could not obtain administrative

07:31:28 approval.

07:31:31 The shrubbery, I just told Mr. Mikas, and he said he's open

07:31:36 to what that is. The landscaping is on the plan.

07:31:37 There will be shrubs and trees.

07:31:40 It's not negotiable at this point.

07:31:41 He has committed to making those improvement and they will

07:31:44 be similar to what was provided plus there will be trees

07:31:48 planting.

07:31:49 So there will also be shade trees within that 10 feet.

07:31:55 And I believe that now that the vacating is completed, they

07:32:02 will be working on what's going to happen on Sterling with

07:32:04 parks and recreation for the replacement of the right-of-way

07:32:07 trees as well along that right-of-way that's going to run

07:32:10 north-south to Kennedy.

07:32:12 There will be plantings there as well.

07:32:13 I just wanted to confirm those items.

07:32:16 >>MARY MULHERN: Mrs. Montelione, did you have a question

07:32:21 for staff?

07:32:22 >>LISA MONTELIONE: No.

07:32:23 Ms. Feeley addressed it, the cross traffic access to CVS.




07:32:29 >>MARY MULHERN: Mr. MIKAS?

07:32:34 >> Not in rebuttal but Mr. John wolf was here from the faith

07:32:38 cafe.

07:32:39 I am going to paraphrase.

07:32:40 He was going to say to the neighborhood, "thank you for ten

07:32:45 good years for them," meaning the faith cafe, "and sorry, we

07:32:50 apologize to anything that has ever happened with respect to

07:32:54 the faith cafe patrons that may have put a burden on that

07:32:59 community."

07:33:02 Hopefully with the conversion to the Pappas restaurant, the

07:33:05 Dunkin' Donuts and all the improvements there, we can make

07:33:09 it up to the neighborhood for any inconvenience that the

07:33:13 faith cafe has caused.

07:33:16 500,000, it's pretty tough with 500,000 meals of course been

07:33:21 served over more than ten years to not have some incidents.

07:33:24 And there were incidents.

07:33:26 And the neighbors diabetes have to put up with it.

07:33:28 And the faith cafe appreciates, the churches do, and that is

07:33:33 John wolf who has been working so hard on that.

07:33:42 >>MARY MULHERN: That would be great.

07:33:43 Please, please do.

07:33:44 >> My name is John wolf.




07:33:47 I reside at 501 erie.

07:33:51 I'm the Rev. John Wolf Deacon, St. Mary's Episcopal church

07:33:56 and school.

07:33:57 I can't express to you how much Kim's kindness to the

07:34:05 original four churches and the existing eight are allowing

07:34:09 us to use the property at no charge for this length of time.

07:34:14 I'm also sorry if there's been any inconvenience within with

07:34:18 the neighborhood.

07:34:19 We have done as good as we could to police and protect

07:34:26 everyone while still fielding those who needed food to be

07:34:32 distributed for Metropolitan Ministries.

07:34:37 I'm pleased to be here.

07:34:39 Jim has done a great job for us.

07:34:41 Thank you.

07:34:41 >>MARY MULHERN: Can I ask, have you found another venue?

07:34:47 Are you still working on that for the cafe?

07:34:50 >> We thought we had found a place.

07:34:51 We haven't.

07:34:54 We have raised over $200,000 so far.

07:34:58 A person gave us 100,000 anonymously.

07:35:04 About two weeks ago.

07:35:07 Basically, we will find a place, and we'll get it done.




07:35:14 Sometimes you need a little catalyst or kick to make you get

07:35:18 out of your confident zone.

07:35:20 And we have been very comfortable being there as Jim's

07:35:24 guest.

07:35:25 >>

07:35:26 >>MARY MULHERN: Are you still accepting contributions?

07:35:29 >> Yes, ma'am.

07:35:30 I'll stop and stay for yours.

07:35:33 [ Laughter ]

07:35:34 >> You may be here a few hours, but if you can sit through

07:35:40 this whole meeting.

07:35:41 >> Or anybody else's.

07:35:43 I lived here all my life and this is my third City Council

07:35:46 meeting.

07:35:47 So I try not ever to come down here.

07:35:50 This is really important to me.

07:35:51 >>MARY MULHERN: Thank you.

07:35:53 >> There was one other person who did show up and that's

07:36:00 pastor Steve Andrews who was the pastor in the church, the

07:36:03 potters house church that was also the resident of the

07:36:07 church and conducted their church services and their

07:36:11 programs, HIV program, that they were marvelous on, so they




07:36:16 have found their own church.

07:36:17 They have purchased their church.

07:36:18 And I think Steve may have walked out.

07:36:24 He was here.

07:36:25 He is another person who has done a lot for the community,

07:36:29 unsung, and he was here.

07:36:31 I do agree to every single thing that was raised.

07:36:34 Thank you.

07:36:35 >>MARY MULHERN: Thank you.

07:36:39 >>LISA MONTELIONE: Madam Chair, motion to close?

07:36:44 No?

07:36:45 Maybe?

07:36:45 >>ABBYE FEELEY: There was one I haven't addressed.

07:36:52 That was the parking for the residential uses.

07:36:53 And my initial reaction was they have to park up against the

07:36:59 CG portion because that's where the use is permitted but the

07:37:02 residential was underneath that parking lot, is residential

07:37:04 use.

07:37:05 So for the apartment, the ten apartment units, they could

07:37:10 potentially have designated parking in the residential

07:37:14 portion of the site, but most likely it would be up front.

07:37:22 But I think it would be permissible in either the parking




07:37:25 lot.

07:37:26 There could not be commercial overnight parking.

07:37:32 And the underlining zoning of the parking lot as

07:37:35 residential.

07:37:36 But I believe it would be permissible.

07:37:37 That would be my interpretation.

07:37:39 But it's ten units.

07:37:42 Even a studio typically one space per unit.

07:37:45 So that would be ten spaces.

07:37:49 If it were ten spaces plus a quarter for guests so it could

07:37:53 be like 10 or 15 spaces.

07:37:55 >> Councilman Capin?

07:38:00 >>YVONNE CAPIN: That was my question.

07:38:01 Thank you very much.

07:38:01 >> As far as commercial overnight, trucks, things like that

07:38:06 is not permissible but because it would be a mixed using

07:38:09 project with a residential in there, because when you have a

07:38:12 special use that this sits on top of the zoning, that

07:38:14 underlining zoning is still residential.

07:38:17 In the future should something happen, the parking lot, if

07:38:20 somebody wanted to build a single-family house it's still an

07:38:24 RS-60 zoning, so that's kind of where the trickiness of the




07:38:28 special use comes in.

07:38:29 >> So I just want to understand -- thank you for bringing

07:38:34 that up and answering that.

07:38:37 If those are to be apartments, I would think that the

07:38:40 parking for the apartments would be on the site plans, and

07:38:45 that would be --

07:38:48 >> They wouldn't have to designate those at the time, no.

07:38:51 But the overall calculation, as I explained prior, that 137

07:38:55 spaces, does in fact include the retail use, the restaurant

07:39:01 use, and the apartment use in the parking calculations, but

07:39:05 the maximum is 137, and the break-down is provided on the

07:39:10 plan as far as what is required per the studio units.

07:39:17 That's why I think part of the discussion by Mr. Mikas as

07:39:21 far as the offset of the hours between the two restaurant

07:39:24 uses would accommodate what's being waived is because you

07:39:27 have a mix of uses occurring there, you have people who live

07:39:31 in the apartments, like people do today, you go to works you

07:39:35 come home, so those spaces are available for a multiple uses

07:39:39 throughout the day, but it could occur in either the

07:39:43 residential portion of the site or the commercial portion of

07:39:46 the site for those apartments.

07:39:48 >>LISA MONTELIONE: What we are looking at, I always talk




07:39:56 about multimodal and walking, and I believe the bus stops

07:40:01 right there as well on Dale Mabry.

07:40:03 >> Oh, yeah.

07:40:04 >>LISA MONTELIONE: So let's hope that the residents --

07:40:08 >> Multimodal.

07:40:11 >> Are multimodal, and the use of a car may not be

07:40:15 necessary, live, work in that same neighborhood.

07:40:19 That's what we are looking to achieve in more commercial

07:40:24 areas of the city.

07:40:28 Just adding my two cents, thank you.

07:40:30 >>MARY MULHERN: Okay.

07:40:33 I would like to ask that we proceed with these.

07:40:42 Actually, let me ask one more time and make sure that anyone

07:40:45 who wished to speak on any of these three items on the

07:40:49 drive-through, the alcoholic beverage special use permit, or

07:40:56 the parking lot, anyone else who wishes to be speak, okay.

07:41:04 So I would like us -- entertain a motion to close the public

07:41:10 hearing.

07:41:11 >>LISA MONTELIONE: Motion to close.

07:41:12 >>MARY MULHERN: But we will be voting on them separately.

07:41:16 Mr. Shelby?

07:41:17 >>MARTIN SHELBY: I just wanted to be clear.




07:41:19 Ms. Feeley did speak.

07:41:20 I wanted to see if Mr. Mikas -- anything you wish to add?

07:41:25 Okay, thank you.

07:41:26 >> Second.

07:41:32 >>MARY MULHERN: Motion to close.

07:41:33 All in favor?

07:41:37 And we will take up item -- if I can find my agenda -- 6.

07:41:47 Thank you.

07:41:49 File V-11-66.

07:41:52 What's the pleasure of council?

07:41:55 >>FRANK REDDICK: I move ordinance being presented for first

07:41:57 reading consideration, an ordinance approving a special use

07:42:01 permit S-2 providing parking off-street, commercial, in an

07:42:06 RS-60 residential single-family zoning district, general

07:42:11 vicinity of 3701, 3703, 3705, 3707 and 3709 west Roland

07:42:19 street in the city of Tampa, Florida as particularly

07:42:23 described in section 1 hereof providing an effective date.

07:42:31 Oh, and with the addition of the revisions and attached.

07:42:35 >>MARY MULHERN: Motion made by Councilman Reddick, seconded

07:42:44 by Councilwoman Capin.

07:42:46 All in favor?

07:42:49 Anyone opposed?




07:42:49 >>THE CLERK: Motion carried with Suarez and Miranda being

07:42:53 absent.

07:42:54 Second reading and adoption will be on August 4th at

07:42:57 9:30 a.m.

07:42:58 >>MARY MULHERN: Thank you.

07:43:04 Item number 7.

07:43:11 >>YVONNE CAPIN: I move -- thank you, chairwoman.

07:43:16 I move an ordinance being presented for first reading

07:43:21 consideration, an ordinance approving a special using permit

07:43:23 S-2 approving a drive-in window in a CG commercial zoning

07:43:28 district in the general vicinity of 3710 West Kennedy

07:43:30 Boulevard in the city of Tampa, Florida and as more

07:43:34 particularly described in section 1 hereof providing an

07:43:36 effective date.

07:43:39 In addition with the revision sheet dated July 21, 2011.

07:43:44 >>FRANK REDDICK: Second.

07:43:47 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded

07:43:49 by Councilman Reddick.

07:43:51 All in favor?

07:43:52 Anyone opposed?

07:43:53 >> Motion carried with Suarez and Miranda being absent.

07:43:56 Second reading and adoption will be on August 4th at




07:43:59 9:30 a.m.

07:44:00 >>LISA MONTELIONE: Move item number 8.

07:44:09 An ordinance being presented for first reading

07:44:12 consideration.

07:44:13 An ordinance approving a special using permit S-2 for

07:44:16 alcoholic beverage sales, large venue making lawful the sale

07:44:19 of beverages containing alcohol regardless of alcoholic

07:44:21 content, beer, wine and liquor, 4(COP-R), for consumption on

07:44:25 the premises only in connection with a restaurant business

07:44:28 establishment at or from that certain lot, plot or tract of

07:44:32 land located at 3702 and 3710 West Kennedy Boulevard, Tampa,

07:44:36 Florida, as more particularly described in section 2 hereof,

07:44:40 providing for repeal of all ordinances in conflict,

07:44:43 providing an effective date.

07:44:45 Along with the revision sheet that was provided today.

07:44:50 >> Second.

07:44:51 >>MARY MULHERN: Motion made by Councilwoman Montelione,

07:44:54 seconded by Councilman Cohen.

07:44:57 All in favor?

07:44:59 Opposed?

07:45:01 >>THE CLERK: Motion carried with Suarez and Miranda being

07:45:03 absent.




07:45:03 Second reading and adoption will be on August 4th at

07:45:06 9:30 a.m.

07:45:14 >>MARY MULHERN: Thank you.

07:45:15 We will move to item number 10.

07:45:16 >>ABBYE FEELEY: Land development.

07:45:26 Item number 10 on your agenda this evening is case Z-11-09

07:45:30 located at 1208 west Linebaugh Avenue and is a request for

07:45:34 rezoning from an RS-50 residential single-family to be PD,

07:45:39 planned development, for office, both medical and business

07:45:42 professional, retail and specialty retail uses.

07:45:54 >>TONY GARCIA: Planning Commission staff.

07:45:55 I have been sworn in.

07:46:05 This proposed request is located in the university planning

07:46:08 district.

07:46:08 We don't get too many up there in front of you.

07:46:12 But we haven't in recent memory.

07:46:15 This property is located on Linebaugh, in the Forest Hills

07:46:18 area, your neck of the woods, Ms. Montelione, and the

07:46:24 request is for an office use, as Ms. Feeley has stated to

07:46:30 you.

07:46:30 Let me show you the land uses.

07:46:32 This is the intersection of Linebaugh.




07:46:40 This is residential 20.

07:46:41 So this allows consideration for neighborhood commercial or

07:46:45 residential office or professional office uses.

07:46:48 There are several already proximate to the site.

07:46:53 There's a couple professional offices directly to the north

07:46:55 of the site that interface to the west of the site.

07:47:00 So it's pretty consistent, low density, very low density

07:47:06 professional office uses like a dental office there, like a

07:47:09 real estate office.

07:47:10 So basically uses that basically serve the surrounding area

07:47:16 for the Forest Hills area so it is complementary and

07:47:19 consistent with the intent of the residential category.

07:47:23 Planning Commission staff found consistent with the

07:47:27 comprehensive plan.

07:47:27 >>ABBYE FEELEY: Land development.

07:47:31 The request this evening has four waivers.

07:47:37 The first is related to the vehicle use area, to reduce the

07:47:42 buffer from 8-foot to 6-foot, the northern property

07:47:48 boundary.

07:47:48 The second is to reduce the use to use buffer from 15 feet

07:47:52 with a 6-foot masonry wall to 11.1 feet with a 6 feet,

07:47:57 6-foot PVC fence, to reduce the required parking, and to




07:48:04 have been reduce the required it would be-way drive.

07:48:09 The request before you this evening is to convert an

07:48:12 existing 1,269 square foot residential structure to an

07:48:16 office, either medical or business professional, retail or

07:48:22 specialty use.

07:48:23 It's a .23-acre site located on the south side along

07:48:27 Linebaugh Avenue between north wilder and forest really

07:48:31 drive and surrounded by single-family residential to the

07:48:33 west, business professional office to the east, and a mix of

07:48:37 medical and business professional offices to the north along

07:48:40 Linebaugh.

07:48:52 Here is the zoning atlas sheet.

07:48:54 You can see the property here in green.

07:48:57 There is a PD immediately to the east of the property.

07:49:02 Linebaugh to the north.

07:49:03 Wilder -- I'm sorry, Willow to the west.

07:49:07 New Port to the east.

07:49:10 And Forest Hills a little bit further to the west.

07:49:15 There is a series of RO which is residential office, and PD

07:49:20 in the area along Linebaugh.

07:49:27 This is an aerial of the subject site.

07:49:37 This is a picture of the subject property.




07:49:40 This is the PD to the east.

07:49:45 This is a single-family home to the west.

07:49:47 A little further west, there is a church just passed Willow

07:49:56 on the south side.

07:49:56 This to the northeast.

07:49:59 Immediately north of the site.

07:50:01 Also north on the site.

07:50:02 These are office uses.

07:50:04 I'm sorry.

07:50:06 Office use.

07:50:07 Office use.

07:50:08 And then the dental use just to the northeast as Tony was

07:50:12 discussing.

07:50:17 Requested PD setbacks are 30-foot north which is the front.

07:50:20 24-foot south which is the rear.

07:50:22 11 foot east and west which are the sides.

07:50:25 The required parking based on the most intensive proposed

07:50:28 use which would be the medical office would be 8 spaces, and

07:50:32 total of 6 spaces are being requested.

07:50:34 Photos of the existing structure have been provided as

07:50:38 elevations.

07:50:40 There are a series of modifications that need to be made by




07:50:44 the applicant in order to address standing requirements.

07:50:53 There is objection being raised by transportation related to

07:50:56 the parking because it is a 25% reduction from eight spaces

07:51:00 to six, and also related to the layout of the parking.

07:51:07 They are asking for possible modifications which might allow

07:51:10 them to pick up one additional parking space.

07:51:14 Transportation, I believe, is here to discuss those requests

07:51:18 and findings that they have placed into the staff report.

07:51:22 And staff is available for any questions.

07:51:32 Mike NASCO, poinsettia drive, Tampa, Florida, owner of the

07:51:49 property at 1208 Linebaugh Avenue.

07:51:51 I'm here tonight to ask you all to permit the rezoning.

07:51:57 I have discussed this issue with you staff.

07:51:59 I think I can work out all the issues that we have.

07:52:03 I want ton reiterate that all the surrounding properties,

07:52:08 there is a house just to the west, and it's not a residence.

07:52:14 Without stating anything more than that, it is not a

07:52:16 residence.

07:52:17 Everything to the north of me and on either side of me is

07:52:21 being used for some sort of business purposes.

07:52:23 One other clarification, and this could be my fault, in the

07:52:26 application, it's not going to be a medical office where




07:52:30 patients come to.

07:52:31 It's a dental lab where they make dental products, and

07:52:37 deliver them back to the dental office.

07:52:38 So it's not where people are coming in and having procedures

07:52:42 done, it's where they just make the appliance.

07:53:01 >> During my zoning briefing with staff, and maybe to

07:53:05 clarify, it did say in the staff report eight spaces to six,

07:53:09 but I was told that that was an error, that it should be

07:53:13 seven spaces to six?

07:53:17 >>ABBYE FEELEY: Land development.

07:53:20 We did recalculate the spaces yesterday, and it is eight.

07:53:24 It's 7.6.

07:53:26 So 7.6 does round up to 8.

07:53:30 Ms. Cole was assisting me with math.

07:53:32 We were at 7.2.

07:53:36 She's going to come and hit me.

07:53:39 [ Laughter ]

07:53:39 But the calculator on phones don't work so well.

07:53:42 So it is 7.6.

07:53:44 And according to code if you are more than .5 we do round up

07:53:48 which is 8.

07:53:49 If it was 7.2 it would have been down.




07:53:52 So the waiver is correct, it did go back and double check.

07:53:56 Yes, ma'am.

07:53:57 The other thing I did want to ask Mr. NASCO in my staff

07:54:02 report which is be if residential would still be considered

07:54:04 an allowable use and if it is then we need to adjust the

07:54:07 site plan to leave that as a use, because currently it

07:54:10 doesn't show that it could be a house any longer.

07:54:15 No?

07:54:16 Then we're good.

07:54:17 Thank you.

07:54:17 >>MARY MULHERN: Mr. Nasco, since you won't be -- there

07:54:25 won't be a flow of patients to the office, how many

07:54:30 employees and how many spaces would be you think it would

07:54:33 require?

07:54:35 >> The owner and three.

07:54:38 Four total.

07:54:39 >> Okay. Thank you.

07:54:46 Any questions?

07:54:47 Is there anyone from the public who wishes to speak on this?

07:54:50 >> Move to close.

07:54:55 >> Second.

07:54:56 >>MARY MULHERN: All in favor?




07:55:01 The pleasure of council?

07:55:09 >> I move an ordinance being presented for first reading

07:55:11 consideration, an ordinance rezoning property in the general

07:55:13 vicinity of 1208 west Linebaugh Avenue, city of Tampa,

07:55:17 Florida, and more particularly described in section 1 from

07:55:20 zoning direct classification RS-50 residential single-family

07:55:24 to PD planned development, office, medical, and business

07:55:28 professional, retail and specialty retail, providing an

07:55:30 effective date.

07:55:33 >>YVONNE CAPIN: Second.

07:55:34 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

07:55:36 by Councilwoman Capin.

07:55:38 All in favor?

07:55:46 >>HARRY COHEN: Excuse me, including the revision sheet.

07:55:49 >>MARY MULHERN: All in favor?

07:55:50 Anyone opposed?

07:55:51 >>THE CLERK: Motion carried with Suarez and Miranda being

07:55:53 absent.

07:55:53 Second reading and adoption will be on August 4th at

07:55:57 9:30 a.m.

07:55:58 >>MARY MULHERN: Item number 11.

07:56:01 >> I just wanted to let now that we need to get those




07:56:15 revised plans in.

07:56:16 Okay.

07:56:16 The next item on your agenda, Land Development Coordination,

07:56:20 is Z-11-20, 212 south Armenia Avenue.

07:56:24 The request before you this evening is from an RM

07:56:28 residential multifamily 24 to PD planned development for

07:56:32 catering shop, retail, business professional office, cigar

07:56:36 shop, or daycare.

07:56:54 >>TONY GARCIA: Planning Commission staff.

07:56:55 I have been sworn.

07:56:57 The site before you is located in the central planning

07:57:00 district for the City of Tampa, so as for the actions,

07:57:05 that's what we like tock see, which is a good thing.

07:57:08 Let me show you just from a context aspect, this is just a

07:57:11 couple of blocks south of the intersection of Armenia and

07:57:15 Kennedy.

07:57:16 Kennedy is a couple of blocks north of Cleveland, so Kennedy

07:57:20 is the next east-west to the north.

07:57:22 And of course this is just to the, let me see, northwest of

07:57:30 really the SoHo area.

07:57:32 So you are not too far away from the Publix that's in this

07:57:36 area.




07:57:39 On the corner here, I think this is the Publix.

07:57:48 So the site is over here.

07:57:49 Most of the uses in this particular area especially on this

07:57:53 side are low intensity medical office uses or professional

07:57:56 office uses or specialty office uses so the request is

07:58:00 complementary, consistent with the intent of the particular

07:58:02 land use category that we are talking about over here.

07:58:05 This is one of the higher categories.

07:58:06 This is urban mixed using 60 which we talked about on the

07:58:10 Kennedy projects so it's pretty high, and this is community

07:58:13 mixed use 35.

07:58:14 So obviously that allows general commercial and neighborhood

07:58:19 commercial and of course all the professional offices,

07:58:21 residential office uses.

07:58:22 So this is consistent and complementary with the

07:58:25 comprehensive plan.

07:58:26 Thank you.

07:58:35 >>ABBYE FEELEY: Land Development Coordination.

07:58:40 The request before you this evening is to convert a

07:58:47 structure that's there that's currently zoned residential

07:58:51 multifamily, and the proposed PD setbacks are north 15 feet,

07:58:56 east 58 feet, south 1.3-foot and west 25-foot.




07:59:01 Site is surrounded by single-family attached, two-story

07:59:05 duplex to the north, single-family to the east, across the

07:59:10 alley, commercial uses to the south, and the west.

07:59:17 Maximum of seven spaces are required and five spaces are

07:59:20 being provided.

07:59:21 As you will see in the staff report there were two

07:59:23 requirements.

07:59:24 There was a finding of inconsistency from transportation due

07:59:27 to the access on the alley.

07:59:30 We don't -- code does not typically allow for nonresidential

07:59:36 access on an alley when there are residential uses that are

07:59:41 accessing the alley, and that's why the waiver is there.

07:59:44 But you will see the way the site is designed, no one has

07:59:49 access on the alley.

07:59:50 The second comment from them was related to an access

07:59:54 agreement.

07:59:54 We do have that agreement.

07:59:55 It has been received by staff and that is good to go so that

08:00:00 comment can be removed so the outstanding comment is the

08:00:02 access on the alley.

08:00:03 Let me shop you where we are real quickly.

08:00:06 Other than that, there are no modifications that are




08:00:08 required, and there is no revision sheet that runs with

08:00:10 this, so you are good to go on approval should you choose to

08:00:14 approve this this evening.

08:00:15 The site is shown here in green.

08:00:17 There is an office, and then many of you will know that is

08:00:22 the access at Platt and Armenia. You will see the Publix

08:00:29 did you several years ago.

08:00:30 There's many, many PDs.

08:00:39 The site here shown to you in yellow.

08:00:47 Here is the subject property.

08:00:56 This is the property to the north.

08:01:01 Currently under construction, rehabilitation.

08:01:05 The property to the south, still moving south on Armenia.

08:01:12 This is a view from the alley looking west, the rear of

08:01:16 property.

08:01:17 This is the property to the south.

08:01:30 This is the newer duplex to the north.

08:01:32 This is moving up the alley to the north.

08:01:34 This is the view of the alley looking south.

08:01:41 I think that's all I have.

08:01:48 I believe transportation is available to speak to the access

08:01:51 on the alley and the objection that's being raised.




08:01:53 Other than that, staff is available for any questions.

08:01:55 >>MARY MULHERN: Councilman Reddick?

08:01:58 >>FRANK REDDICK: Thank you, Madam Chair.

08:01:59 I just want to raise a question.

08:02:03 I notice it's going to be a cigar shop and a daycare.

08:02:07 >> It could be any of those uses.

08:02:09 >> Okay.

08:02:10 >> On the TV it lists the use.

08:02:17 It becomes site plan controlled.

08:02:19 So you do have to think about future potential uses.

08:02:22 I believe it's going to be a cigar shop.

08:02:24 It is currently functioning that way.

08:02:28 SoHo cigar.

08:02:29 It is not a cigar/daycare.

08:02:33 But it could be any of those uses in the future.

08:02:36 And that's what the PD is entitling the property to.

08:02:39 >>FRANK REDDICK: Okay.

08:02:41 I just had a concern about the spacing, the distance between

08:02:44 where the cigar shop will be and where the daycare will be.

08:02:47 So that was my only concern.

08:02:49 >> And those uses would have to happen exclusive, yes, sir.

08:02:54 Thank you.




08:02:54 >>MARY MULHERN: Thank you, Councilman Reddick.

08:02:57 That was my question, too.

08:02:58 But I still don't get it.

08:03:06 On this particular PD request, is that everything?

08:03:09 Do you have to list he have possible -- so that's it?

08:03:12 It looks like a small list.

08:03:16 >>ABBYE FEELEY: Yes.

08:03:20 And part of that is because the current zoning is RM-24.

08:03:23 And a lot of PDs, you will see throughout the city, some

08:03:26 of them, if they are in their commercial general district

08:03:30 they will say all CG uses.

08:03:33 So they retain every right that they had before they became

08:03:37 PD.

08:03:38 In this one they selected this category of uses, and, yes,

08:03:43 as you may remember, if a PD does not include a use, and

08:03:47 then later on wants to have a use, that's not allowed to be

08:03:50 approved administratively for a nonsubstantial change

08:03:53 process. You might remember the McKibbin development

08:03:59 outside the airport, they came back before you because they

08:04:03 didn't have shuttle parking as one of their uses, and they

08:04:04 came back about six months ago to add that use.

08:04:07 So when you do choose to go to a site plan controlled zoning




08:04:10 district you do need to be careful to consider all of your

08:04:12 future possibilities that could be on a property.

08:04:15 Yes, ma'am.

08:04:16 >>MARY MULHERN: So this actual list are the potential uses

08:04:22 than this petitioner has chosen, they chose to include

08:04:27 daycare?

08:04:28 >> Yes.

08:04:31 They looked at their property and thought what could

08:04:34 potentially be there in the future and those were the

08:04:37 choices they were requesting.

08:04:38 Once you list that RM and you put a PD on there unless you

08:04:42 ask for it, you could end up in one of those situations.

08:04:45 >>MARY MULHERN: Okay, thank you.

08:04:48 Petitioner?

08:04:48 >> Susan Johnson Velez, 309 south Willow Avenue in Tampa on

08:04:56 behalf of the applicant.

08:04:57 I think staff has certainly done a fine job of describing

08:05:00 the application, you heard seeking a PD with very limited

08:05:04 range of uses here, and no two of these will take place at

08:05:09 the same time.

08:05:10 Just to clarify that.

08:05:11 It is operating as a cigar shop.




08:05:14 And I do just want to shown a picture, a different vantage

08:05:18 point.

08:05:27 You can see how the buildings line up nicely.

08:05:29 The existing professional office building that houses

08:05:32 attorneys currently, and then the cigar shop.

08:05:34 So they all line up pretty nicely.

08:05:37 These buildings were built, this particular building was

08:05:41 built in 1948, and the property owners have done a nice job

08:05:45 as you can see of maintaining it and rehabilitating it, and

08:05:48 they would like to continue to use and reuse the building

08:05:52 and maintain the character of the neighborhood with the

08:05:56 existing building.

08:06:00 It will, we believe, maintain the physical character of the

08:06:03 site, the integrity of this area of South Tampa, and also

08:06:06 the character of the neighborhood.

08:06:07 We certainly agree with Planning Commission and land

08:06:11 development department, staff findings regarding the

08:06:13 consistency with the Tampa comprehensive plan as well as the

08:06:17 code requirements.

08:06:19 Staff did mention, and you do see in the staff report that

08:06:22 we are seeking waivers to the property.

08:06:25 That is as a result of the applicant's desire to continue to




08:06:29 use the existing building that has been on there for the

08:06:31 last 60-plus years, and the physical constraints and what

08:06:40 has built up over it over the course of the last 60 years.

08:06:42 And Linda Pearson is here as our planner will address the

08:06:45 waivers and the justification in a little more detail.

08:06:47 But the code provisions that relate to the site development

08:06:50 and so forth are really intended to deal with vacant lots,

08:06:55 and if we had a vacant lot on this property, and we were

08:06:59 required to follow all of the items and provisions that we

08:07:02 are currently seeking waivers from, we would perhaps be able

08:07:06 to comply with them.

08:07:07 But what we would be left with particularly would be the

08:07:10 access issue from the alley would be a building that sets

08:07:13 far back off the street.

08:07:15 So to change the character of the street, and then we have

08:07:19 the parking in the front because that was the only way that

08:07:21 the code would allow that property to be developed.

08:07:25 And so I'll ask Linda to come up and speak agent more about

08:07:29 the waivers.

08:07:34 >> Good evening, council members.

08:07:40 Linda Pearson, 1200 West Platt.

08:07:44 I have been sworn.




08:07:45 From a planning perspective, this request includes our

08:07:50 ability to maintain the historical character of the site of

08:07:54 the 1948 structure that is on the site, and something that

08:07:57 will continue to blend into the neighborhood for the future.

08:08:01 This is a transitioning area, as staff has indicated to you

08:08:04 with a mixture of low intensity uses.

08:08:07 They are neighborhood-serving uses that are consistent with

08:08:10 the area's changing development pattern.

08:08:13 Tough more intense Publix use to the south of us, the book

08:08:18 store, and our use, as well as you going up to the

08:08:22 Montessori on the corner and north toward Kennedy.

08:08:26 The surrounding uses and mix of retail, specialty retail, it

08:08:30 is a mixture of professional offices, like I said, the book

08:08:34 store.

08:08:34 We also have some multifamily in the area.

08:08:39 All of which on this block between Platt and Azeele all

08:08:46 enjoy traditionally an alley access.

08:08:49 Our main access, our driveway, is located -- if I can just

08:08:55 refer back again -- this is the beginning part of our

08:08:59 driveway off of Armenia.

08:09:01 We do have access on Armenia which is classified as a minor

08:09:05 arterial.




08:09:07 But we have selected on purpose some very low intensity uses

08:09:11 that we believe are appropriate at this location, and for

08:09:15 the structure for it to remain in that particular structure.

08:09:19 One of the planned policies is to promote redevelopment of

08:09:23 automobile-oriented corridors with the creation of

08:09:26 attractive pedestrian-friendly district that serve the

08:09:30 joining neighborhood.

08:09:32 If you will notice the outdoor patio in the front is

08:09:35 something that is being introduced to this community that

08:09:37 hasn't been there for a long time, and you are seeing this

08:09:40 more and more in South Tampa where folks are wanting to get

08:09:45 outdoors.

08:09:45 You can have your coffee and your soda, your juice, as well

08:09:50 as a cigar, if you wish, and that is something that is

08:09:54 bringing the neighborhood out, and we believe that it will

08:09:58 offer pedestrian-friendly access to this site.

08:10:01 The potential uses, like I said, are low intensity, and

08:10:05 those have been selected on purpose, because we feel that's

08:10:09 an appropriate use for this location.

08:10:11 The requested uses are in character and scale with the

08:10:15 establishment's uses in the area.

08:10:17 The Planning Commission find it consistent, and eight of the




08:10:22 nine reviewing departments have found consistent with the

08:10:24 city code.

08:10:26 Our photos demonstrate how neat and well maintained the

08:10:29 historic building has been operated.

08:10:34 We have some additional photographs to show you.

08:10:40 The rear parking lot from the alley access.

08:10:47 The brick pavers, and that is the backside of the building.

08:10:49 You can see how neat it is maintained.

08:10:53 Also, this is a view to the north of the alley, as is access

08:11:05 provided to the office use to our south, and also has access

08:11:09 to the alley.

08:11:11 And other uses have access and even the Montessori school

08:11:18 has access to this alley.

08:11:20 This is a wider alley than normally found in the city and

08:11:23 you will notice that it is also paved, and very well

08:11:26 maintained.

08:11:27 It's very neat in appearance.

08:11:28 Garbage trucks go up and down routinely on their normal

08:11:32 pickup.

08:11:32 So this is an alley that has been successfully used over

08:11:36 time for a great period of time.

08:11:39 We believe that the quarterback before you tonight is




08:11:41 approvable and we support it.

08:11:45 And hope that you will also provide your favorable support

08:11:48 to it as well.

08:11:49 We'll certainly be available to answer any questions you

08:11:51 have.

08:11:51 >>MARY MULHERN: Ms. Pearson, can I ask a question?

08:12:00 Does that alley -- do you have access all the way north to

08:12:03 Kennedy on that alley?

08:12:06 >> No.

08:12:07 Only to Azeele.

08:12:09 I'm sorry, Cleveland.

08:12:10 >> So you can go from Cleveland to Platt.

08:12:13 >> To Platt.

08:12:14 And that's the only length of the alley that is provided for

08:12:19 you there.

08:12:20 And it also provides, I might say, I think it enhances the

08:12:23 safety of the ingress and egress in this area.

08:12:26 As I indicated, Armenia is a minor arterial.

08:12:29 We can come in off of our driveway.

08:12:32 All the businesses and residences there along there have

08:12:36 access off of Armenia, which is one way southbound.

08:12:43 But it also provides a safer egress, both to the north and




08:12:47 the south by the use of the alley.

08:12:49 >>MARY MULHERN: And when I look at this site plan, the

08:12:52 driveway to the south of your building, that's the next --

08:12:59 the neighbor south of you driveway?

08:13:01 >> That's correct.

08:13:01 >> You only have the one driveway?

08:13:04 >> But we do have cross access to the office to the north.

08:13:07 So we can use both of those driveways through our cross

08:13:11 access agreement.

08:13:13 Our driveway is on the north side of the and the office is

08:13:19 on the south.

08:13:19 >> And that driveway is only 10 feet wide?

08:13:22 >> Right.

08:13:23 They are both narrow driveways, and that's another, I

08:13:26 believe, justification.

08:13:27 In order for us to utilize and reuse the historic structure

08:13:33 and maintain it -- I mean, any development on this site --

08:13:36 and I think this is an important key to note, and I believe

08:13:40 Mrs -- it was mentioned early, why it would put our building

08:13:48 in the back on the alley and it would put you a big paved

08:13:51 parking lot in front.

08:13:52 And it's not, we don't believe and feel, in keeping with




08:13:55 historic character of those bungalows and the older

08:14:00 pre-war -- or post-war structures.

08:14:04 I had to stop and think.

08:14:05 All that was before my time, you know.

08:14:08 It's not often I get to say that.

08:14:12 Are there any other questions?

08:14:15 Thank you.

08:14:15 >>MARY MULHERN: Thank you.

08:14:17 Is there anyone from the public who wishes to speak on this?

08:14:21 >> Good evening, council.

08:14:33 It's been a long time.

08:14:34 My name is Walter Crumbley.

08:14:35 I'm the president of Courier City Oscawana homeowners

08:14:40 association.

08:14:44 This petition, the same thing was in front of you last year

08:14:48 and you turned down.

08:14:52 I was watching TV one night and saw the variance review

08:14:55 board, and they turned it down.

08:14:59 We got ab new application here, and nothing has changed.

08:15:08 You we still got the same objections we had to it last year,

08:15:12 which is this is inappropriate use in that neighborhood.

08:15:16 You got the rural school right down the alley, only about




08:15:21 two or three doors down.

08:15:22 The Montessori school -- and they are very upset by it.

08:15:28 We don't think there's enough parking there, although

08:15:30 transportation apparently doesn't agree with us on that.

08:15:36 If you limit them to access off the Main Street, admittedly

08:15:41 it's not very good, but one of the problems in your rezoning

08:15:46 in recent years has been to open up alleys to strange uses,

08:15:54 like access to property, a commercial piece of property, and

08:15:59 we all nobody what happened when we started building all the

08:16:03 townhouses that had access on the street, and access on the

08:16:06 alley.

08:16:08 And we just think that if you have got a business, you ought

08:16:11 to have a legitimate entrance off a main artery.

08:16:19 Basically that's our objections to it.

08:16:21 Inappropriate use, access should come off the Main Street

08:16:26 and not be using the alleys for everybody driving up and

08:16:31 down, especially with a school down at the end of the

08:16:33 street.

08:16:35 Thank you.

08:16:44 >>JULIA COLE: City of Tampa legal department.

08:16:46 I did want to note for the record that our code provides an

08:16:50 opportunity after a year period of the last, after denial




08:16:54 for somebody to come back and make a request, and it could

08:16:56 be the same request, any kind of new request.

08:17:00 So when looking at this, it's important that you look at

08:17:02 this in terms of the evidence on the record today and not

08:17:05 the fact that another council may have looked at this at

08:17:08 some other point in time and made a different decision, or

08:17:11 made a decision that you may or may not feel compelled to

08:17:14 make today.

08:17:15 I just wanted to make that clear for the record.

08:17:16 >>MARY MULHERN: Anyone else from the public?

08:17:35 >>LISA MONTELIONE: Madam Chair, motion to close?

08:17:39 >>MARY MULHERN: Oh, sorry.

08:17:43 Petitioner, five minutes.

08:17:43 >> Susan Johnson Velez, again for the record.

08:17:49 I'm not sure, we have got a wide range of very, very low

08:17:54 intensity uses for this area, but again to reiterate we

08:17:58 intentionally chose for the low intensity of the use.

08:18:01 We believe all of them are appropriate, and in keeping with

08:18:04 the character of the neighborhood.

08:18:06 They do again promote the reuse of this historic building

08:18:10 within this historic area, and as far as the parking, again,

08:18:16 we believe that as Ms. Pearson testified, to provides a




08:18:22 paper situation in providing only access from Armenia Avenue

08:18:26 and also again the proposal, also we believe is a much

08:18:32 better design than what would be allowed to be put there if

08:18:34 the build cog not be reused for commercial purposes.

08:18:38 Instead of having the parking in the front, bee believe that

08:18:41 it's more in keeping with the character of the neighborhood

08:18:42 to have the parking in the back.

08:18:46 Staff, both your Planning Commission and land development,

08:18:48 have found this consistent, and we certainly agree with

08:18:51 those findings and request your approval.

08:18:53 Thank you.

08:18:54 Just for the record, too, there was a prior zoning

08:18:57 application, that's true.

08:18:59 We are not aware of any variance application on this

08:19:02 property.

08:19:15 >> I just have a concern.

08:19:17 Council member Capin is not here.

08:19:19 And per council's rules that if a quasi-judicial public

08:19:23 hearing only four members are available to take action that

08:19:25 any petitioner shall have the right to continue the matter

08:19:28 until there are a minimum of five members.

08:19:32 Petitioner may request to continue a matter but it will not




08:19:34 be as a matter of right.

08:19:36 And I believe Ms. Cole -- if you leave we do leave a quorum.

08:19:41 >> Motion to close.

08:19:54 >> Second.

08:19:55 >>MARY MULHERN: All in favor?

08:19:58 What is the pleasure of council?

08:20:00 >>FRANK REDDICK: I don't know if I can move this.

08:20:11 I am not going to support this.

08:20:14 My motion would be to not accept this request pertaining to

08:20:22 the petitioner.

08:20:22 >>MARY MULHERN: Motion dies for lack of second.

08:20:35 >>LISA MONTELIONE: I move the ordinance for approval.

08:20:45 An ordinance rezoning the property in the general vicinity

08:20:48 of 212 south Armenia Avenue in the city of Tampa, Florida

08:20:52 and more particularly described in section 1 from zoning

08:20:54 district classifications RM-24 residential multifamily to PD

08:20:58 planned development, catering, shop, retail,

08:21:01 business/professional office, cigar shop, daycare, providing

08:21:05 an effective date.

08:21:05 >> Second.

08:21:09 >>MARY MULHERN: All in favor?

08:21:12 Anyone opposed?




08:21:16 Nay.

08:21:16 >>THE CLERK: Motion did not carry with Suarez and Miranda

08:21:22 being absent, and with Reddick and Mulhern voting no.

08:21:26 >>MARTIN SHELBY: City Council, pursuant to your rules, let

08:21:38 me make sure I have it right.

08:21:39 If a motion -- this is rule 6-H.

08:21:42 If a motion in a quasi-judicial matter fails to receive at

08:21:45 least four votes the motion fails, and if another motion in

08:21:48 order is not made the public hearing shall automatically be

08:21:51 reopened and continued to a time certain at the next regular

08:21:54 scheduled council meeting.

08:21:58 That being the case, by operation of the vote, the public

08:22:03 hearing then is automatically reopened.

08:22:06 Mr. Clerk?

08:22:08 And it is now to be continued to the next regularly

08:22:10 scheduled council meeting at a time certain.

08:22:12 Would you like to select a time certain for that?

08:22:15 Would that be 10:00?

08:22:17 Would that be appropriate?

08:22:18 >>THE CLERK: For the August 4th council meeting?

08:22:24 >>MARTIN SHELBY: The next regularly scheduled council

08:22:26 meeting, I believe the 28th of July.




08:22:28 >>THE CLERK: That looks fine.

08:22:40 On the hearing schedule, there's one historic preservation

08:22:45 property tax exemption, public hearing, one alcoholic

08:22:48 beverage special use, one landmark designation, one closure.

08:22:54 So this would make -- I'm sorry, two alcoholic beverage.

08:22:57 This would make a sixth hearing for 10:30.

08:23:03 One is at 10 and the other four -- this would make a fifth

08:23:07 public hearing for the 10:30 time frame, if that's council's

08:23:10 desire.

08:23:10 >>MARTIN SHELBY: It would be my recommendation to do that,

08:23:15 at least be heard sometime after 10:30 but we could set it

08:23:18 for a time certain, and in that the public hearing is now

08:23:21 reopened, I would caution council against discussing this

08:23:25 matter during the time before it's to be heard again, and

08:23:31 having any ex parte communications relative to this.

08:23:34 And I will inform the absent council members about this

08:23:37 coming back to council at the next regular meeting.

08:23:40 >>LISA MONTELIONE: I make a motion to set this for public

08:23:45 hearing July 28th time certain at 10:30.

08:23:48 >>MARY MULHERN: Council, if you will allow me, as I vote

08:23:57 against this, I would like to add, can I add the rationale

08:24:03 for this?




08:24:04 This would be the time to be do that, wouldn't it?

08:24:09 The public hearing will be opened.

08:24:29 So July 28th at what time?

08:24:33 >>MARTIN SHELBY: 10:30 or sometime thereafter.

08:24:35 >>MARY MULHERN: 10:30 or sometime thereafter.

08:24:44 We will go to item 12.

08:24:50 >> I have to recuse myself on voting on item 12 because my

08:24:58 father is involved on the project.

08:24:59 >>MARY MULHERN: Mr. Shelby, Councilman Cohen --

08:25:12 >>MARTIN SHELBY: Abstaining from this vote and he's filed

08:25:14 the appropriate form with the clerk.

08:25:19 Now, that being the case, council, I should also point out,

08:25:23 I had the opportunity -- Mr. Grandoff, you represent in this

08:25:27 case, is that correct?

08:25:29 And I did bring to Mr. Grandoff's attention the rule that I

08:25:33 stated earlier that there are only going to be four members

08:25:35 that are available to take action on this.

08:25:37 The petitioner shall have the right to continue the matter

08:25:39 if the petitioner so chooses, and it's my understanding that

08:25:42 Mr. Grandoff wishes to go ahead with four council members

08:25:46 hearing this.

08:25:47 >>MARY MULHERN: Item number 12.




08:25:53 Mrs. Feeley?

08:25:54 >>ABBYE FEELEY: Land Development Coordination.

08:25:56 Item number 12 on your agenda this evening is case Z-11-21,

08:26:02 3814 best Azeele street, the request is from CG commercial

08:26:06 general and RM residential multifamily 16 to PD planned

08:26:10 development for office, medical, business, and professional,

08:26:14 and all CM uses which is commercial neighborhood uses with

08:26:18 the exclusion of retail sales, shoppers goods and

08:26:23 restaurant.

08:26:23 So there would be no retail sale, shoppers goods, and no

08:26:26 restaurants.

08:26:35 You.

08:26:36 >>TONY GARCIA: Planning Commission staff.

08:26:37 I have been sworn.

08:26:39 The subject site is located in the South Tampa planning

08:26:41 district.

08:26:42 This is again a commercial in-fill project.

08:26:49 Here is the site.

08:26:50 I need to tell you what the land use categories are.

08:26:53 This is community mixed use 5 which allows general

08:26:56 commercial uses.

08:26:57 This is residential 10.




08:26:59 Residential 20 which also allows residential office and

08:27:02 neighborhood commercial uses.

08:27:07 This is the intersection, again we did the Roland street

08:27:10 project that you just looked at a short time ago this

08:27:13 evening, up here to the northeast of the site just a few

08:27:18 blocks away.

08:27:21 I will show you the aerial, give you a little better

08:27:24 context.

08:27:25 This is where the old Malio's site used to be.

08:27:31 And there's a Starbuck's in this strip over here.

08:27:38 The site, I want to go back to the land use, because what's

08:27:42 interesting about this is the strip is here.

08:27:45 The two buildings are proposed over here whereby you need to

08:27:50 be able to put them because this is where the mixed use 35

08:27:52 is, and all this is where the parking and retention is going

08:27:56 to be to service these two uses over here.

08:27:59 So the uses, based on what the land use is, is going to be

08:28:02 okay.

08:28:02 These two buildings will basically abut, bookend, not really

08:28:06 bookend but back into the strip center which is over here,

08:28:10 that faces Dale Mabry.

08:28:12 Then you will have parking that serves as a buffer.




08:28:14 This is a commercial use over here, and of course this is

08:28:17 already approved for a mixed use project that council

08:28:21 approved about two years ago.

08:28:23 Planning Commission staff found the proposed request

08:28:25 consistent with the comprehensive plan.

08:28:27 >>ABBYE FEELEY: Land development.

08:28:32 There are a couple of waivers that are being requested with

08:28:37 the request this evening.

08:28:38 There's a parking waiver from 33 spaces to 28 spaces.

08:28:46 There is two buffer waivers.

08:28:48 One is to reduce the required buffer along the south from

08:28:51 15-foot with a 6-foot wall.

08:28:54 To five foot with a 6-foot wall.

08:28:56 And the other is ton reduce the buffer along the west from

08:29:00 15 feet with a 6-foot to 3.7 feet with a 6-foot masonry wall

08:29:05 adjacent to residential.

08:29:12 That isn't residential, though, on the west.

08:29:14 The nonresidential use.

08:29:16 I'm just realizing that we may not need that waiver.

08:29:21 The fourth and fifth waivers are related to signage.

08:29:24 I did speak with the engineer on the project today for the

08:29:28 signage, and I'm asking that the fifth waiver be revised to




08:29:34 address what we discussed, and that is on your revision

08:29:38 sheet, and I'll explain that just a little bit to you.

08:29:42 The request before you this evening is to construct two

08:29:46 single-story office buildings of approximately 2700 square

08:29:49 feet apiece.

08:29:51 They are just one block west of Dale Mabry Highway, and it

08:29:54 is -- the lot is about a half acre lot and is currently

08:30:01 vacant.

08:30:02 Tony, I think, gave you a good contact where we are just

08:30:05 south of the old Malio's site.

08:30:10 There is zoning atlas sheet.

08:30:13 You will see that RO that I was just mentioning to the west.

08:30:15 This is in fact an office use and that waiver would from

08:30:21 office to office would not be necessary.

08:30:23 You will see the CG line that cuts right through the

08:30:25 property, and continues down Dale Mabry Highway, large PD to

08:30:33 the north, RM-16 immediately to the south.

08:30:36 This is Dale Mabry.

08:30:37 And Church.

08:30:42 Aerial of the site.

08:30:44 This is the Starbuck's.

08:30:46 You may be familiar with it.




08:30:51 I will show you some pictures of the property.

08:31:01 This is looking south from Azeele.

08:31:03 This is to the east of the property.

08:31:09 To the west.

08:31:12 This is looking north.

08:31:18 Looking east toward Dale Mabry.

08:31:19 Another shot of Dale Mabry.

08:31:24 The PD setbacks requested are 10-foot north, 5-foot south,

08:31:29 95-foot west and 4-foot east.

08:31:31 The required parking based on the most intensive use is 33

08:31:35 spaces and a total of 28 spaces are being provided.

08:31:38 Elevations have been provided as well.

08:31:42 Let me talk quickly about the modification to that signage.

08:31:49 The signage, you get signage if you have building frontage

08:31:53 on a right-of-way.

08:31:54 Based on the site plan that's being provided, and the way

08:31:57 that the buildings are actually stacked, in the north-south

08:32:02 configuration, it's probably easier if I just hold it up

08:32:06 here.

08:32:06 The waiver stops this way.

08:32:08 The only wall signage that would be permitted would be based

08:32:11 on this building frontage here.




08:32:13 And based on that, they get 62.57 square feet.

08:32:17 Because this south building doesn't have any frontage

08:32:19 adjacent to a right-of-way, adjacent to a street, it

08:32:22 wouldn't get any wall signage whatsoever.

08:32:27 So the way I have the waiver written on the revision sheet

08:32:31 that I provided to you, what they are asking for is to allow

08:32:35 for 62.5 square feet of copy area here and 62.5 of copy here

08:32:44 area as the first part of the waiver to increase the sign

08:32:46 area from 62.5 to 125, and then the second is for the

08:32:50 placement of signage.

08:32:51 They are asking that some of that signage be allowed to be

08:32:55 placed on the western fab sad of the building, which is

08:32:58 internal to the site, which would not be permissible by

08:33:02 code.

08:33:03 So that being said, I would need to adjust one revision to

08:33:15 that, and that is that waiver 3 on the site plan for the

08:33:19 western boundary buffer waiver be removed because office to

08:33:23 office would not require -- would not require any buffer.

08:33:31 Other than that, there were a couple of comments by tree and

08:33:34 landscape.

08:33:36 Mary Daniel Bryson said I did review those, there's two

08:33:39 comments related to that.




08:33:41 Other than that, everything is consistent with City of Tampa

08:33:45 land development regulations.

08:33:46 Thank you.

08:33:55 >>JOHN GRANDOFF: Good evening.

08:33:57 My name is John Grandoff.

08:33:58 My address is suite 3700 Bank of America Plaza.

08:34:02 And I have the pleasure this evening of representing 3180

08:34:07 west Azeele street LLC.

08:34:09 My clients plan to build these two office buildings as

08:34:13 described by Ms. Feeley.

08:34:14 We appreciate her suggestion, her creative suggestion on the

08:34:18 sign.

08:34:18 We agree with all of the revisions on the site plan.

08:34:21 Those revisions have been discussed with our engineer of

08:34:23 record, Mr. James Catalano and approved by our developer.

08:34:30 We have the opportunity to incorporate those changes between

08:34:32 first read being and second reading.

08:34:34 The staff report speaks for itself.

08:34:36 We have no further issues.

08:34:37 We also agree with Mr. Tony Garcia's evaluation of the

08:34:41 comprehensive plan and his findings of fact and conclusions

08:34:45 of law, and most especially his culinary orientation of the




08:34:51 most important restaurants in the area.

08:34:56 I know of no objections to our site plan or rezoning.

08:35:00 I will reserve the remainder of my time for rebuttal, if

08:35:04 necessary.

08:35:12 >>MARY MULHERN: Is there anyone in the public who wishes to

08:35:15 speak on this petition?

08:35:18 Seeing no one, any questions from council?

08:35:21 >>FRANK REDDICK: Move to close.

08:35:31 >>HARRY COHEN: Second.

08:35:32 >>MARY MULHERN: Mr. Grandoff?

08:35:34 >> I have nothing further.

08:35:35 >>MARY MULHERN: All in favor of closing?

08:35:40 What's the pleasure of council?

08:35:41 >>FRANK REDDICK: I move an ordinance on first reading

08:35:47 consideration, an ordinance rezoning property in the general

08:35:51 vicinity of 3814 west Azeele street in the city of Tampa,

08:35:54 Florida and more particularly described in section 1 from

08:35:57 zoning district classifications CG commercial general and

08:36:02 RM-16 residential multifamily to PD planned development,

08:36:06 office, medical, business/professional and CN uses,

08:36:11 excluding retail sales, shopper's goods and restaurant,

08:36:16 providing an effective date, with the revision as stated by




08:36:19 staff of July 21st, 2011.

08:36:22 >> Second.

08:36:25 >>MARY MULHERN: Motion made by Councilman Reddick, seconded

08:36:27 by Councilwoman Capin.

08:36:29 All in favor?

08:36:30 Anyone opposed?

08:36:31 >>THE CLERK: Motion carried with Suarez and Miranda being

08:36:35 absent, and Cohen abstaining.

08:36:38 Second reading and adoption will be on August 4th at

08:36:41 9:30 a.m.

08:36:42 >>MARY MULHERN: Thank you.

08:36:49 And I believe this is our last item, number 13.

08:36:55 >>ABBYE FEELEY: Item number 13, Land Development

08:37:15 Coordination, is Z-11-23 located at 2712 West Virginia

08:37:20 Avenue.

08:37:21 The request this evening is from an RS-50 residential

08:37:25 single-family to an RO residential office, for office,

08:37:29 business, professional use.

08:37:31 There is one waiver associated, and this also was a waiver

08:37:36 that was acknowledged, that is not necessary, so if you will

08:37:39 strike that from your staff report, there are no waivers

08:37:42 required with this request this evening.




08:38:04 >>TONY GARCIA: Planning Commission staff.

08:38:05 I have been sworn in.

08:38:08 The site before you on this aerial -- I am using the aerial

08:38:13 first to give you some context on it -- this is located just

08:38:18 west of the neighborhood of Wellswood.

08:38:20 This is located south of MLK, just east of Habana.

08:38:25 This area has come back to you repeatedly because it's an

08:38:29 area that's really been designated boundarywise in the

08:38:31 comprehensive plan for low density office uses because of

08:38:34 the proximity of this particular area to St. Joseph

08:38:37 hospital, near a major medical center.

08:38:41 So here is St. Joseph hospital, and there's a variety of

08:38:45 different little professional offices over here, that are

08:38:48 medically related.

08:38:49 The south side of MLK as well as on the north side going up

08:38:53 Habana, as Habana changes in character from a two-lane road

08:38:57 here to a four-lane road all the way up to Hillsborough

08:39:00 Avenue.

08:39:02 The request which is right here is for an office use.

08:39:07 There are several medical offices to the north and south

08:39:11 adjacent to the site.

08:39:13 As far as the land use is concerned, the land use is




08:39:15 residential in the comprehensive plan, policy 19.8.1 which

08:39:23 allows consideration of using a residential 10 category

08:39:26 which is usually only allowed for residential uses, in this

08:39:31 case to be allowed for professional office, in-fill

08:39:35 development because of its proximity to St. Joseph hospital.

08:39:38 So tough residential 10 there, and here are some residential

08:39:42 20 along there.

08:39:45 That looks like it.

08:39:47 That's basically what we have here is residential 10.

08:39:50 This is residential 20.

08:39:51 This is mixed use 35 which is MLK, and this is the public

08:39:56 O'-semi-public and this is St. Joseph hospital.

08:39:59 So the request is compatible with the trending development

08:40:01 of this particular area east of Habana Avenue, which is to

08:40:05 allow office use.

08:40:09 Planning Commission staff found the proposed request

08:40:11 consistent with the comprehensive plan.

08:40:12 Thank you.

08:40:12 >>ABBYE FEELEY: Land development.

08:40:20 You may recall we were in this vicinity last month.

08:40:23 We did a medical office on St. Isabel.

08:40:28 Tonight ware about a block north of that.




08:40:29 And this is for a business professional office only in an RO

08:40:34 district.

08:40:38 This is the site plan, a 60 by 200, so it is skinny width

08:40:46 but long depth of a lot.

08:40:49 This is an aerial of the site.

08:40:56 This is a view of the property looking south from Virginia

08:41:05 Avenue.

08:41:06 This is medley to the west.

08:41:10 This is further to the west.

08:41:14 This is immediately to the east.

08:41:18 A little closer view.

08:41:22 Further back.

08:41:24 Immediately to the north.

08:41:26 Across Virginia.

08:41:31 This is the Stein medical institute.

08:41:37 Bank of America just to the northeast.

08:41:40 Drive-in bank.

08:41:46 Drive-in bank.

08:41:52 The applicant is proposing to construct an 1800 square foot

08:41:55 business professional office.

08:41:57 The property is currently vacant.

08:41:58 It contains .23 acres surrounded by business professional




08:42:02 office to the east, medical office to the west, medical

08:42:05 business professional office and bank with drive-through to

08:42:08 the north, a medical office medley to the south.

08:42:10 The request is requested setbacks are 110 feet north,

08:42:15 40-foot south, 7-foot east and west side.

08:42:18 The setbacks are consistent with the RO district, and the

08:42:21 required parking for the proposed building is 6 spaces, and

08:42:25 6 spaces are being provided.

08:42:28 There are some site plan modifications that are being

08:42:30 requested, and on my revision sheet you will see that I have

08:42:34 provided the tree table and some other items that Mr.

08:42:38 Pressman is aware of.

08:42:40 I have reviewed these items with him.

08:42:41 I believe he's amenable to make these changes between first

08:42:44 and second reading.

08:42:45 And staff analysis is available on page 3 and 4 of the staff

08:42:48 report.

08:42:49 Please let me know if you have any questions.

08:42:51 Thank you.

08:42:51 >>MARY MULHERN: Thank you.

08:42:58 Petitioner.

08:42:58 >> Todd Pressman, P.O. Box 6015, Palm Harbor, Florida.




08:43:07 This is a request that actually matches all the surrounding

08:43:11 med uses let alone in the vicinity.

08:43:14 What they are seeking to do is directly in line with the

08:43:19 entire community.

08:43:20 I would say to you, this is the first time I have ever been

08:43:24 here that the entire column of inconsistent on the staff

08:43:27 report is blank.

08:43:29 I think it's the first time I have ever had zoning in the

08:43:32 Planning Commission both recommend support.

08:43:35 And I think it may be the first time I get a Mary Mulhern

08:43:39 vote today.

08:43:39 [ Laughter ]

08:43:40 So it is a very credible request. It's very status quo for

08:43:50 the area.

08:43:52 We sent out quite a bit of notices.

08:43:54 Haven't heard from anyone.

08:43:55 We are happy to make all the changes that the staff is

08:43:57 requesting.

08:43:58 Thank you.

08:44:10 >>YVONNE CAPIN: Move to close.

08:44:12 >> Second.

08:44:13 >>MARY MULHERN: All in favor?




08:44:14 >>FRANK REDDICK: You have been challenged now.

08:44:21 >>YVONNE CAPIN: I want to move an ordinance.

08:44:29 Oh, I need my glasses.

08:44:31 An ordinance being presented for first reading

08:44:33 consideration, an ordinance rezoning property in the general

08:44:36 vicinity of 2712 West Virginia Avenue in the city of Tampa,

08:44:40 Florida and more particularly described in section 1 from

08:44:43 zoning district classifications RS-50 residential

08:44:47 single-family to RO residential office, office,

08:44:52 business/professional, providing an effective date.

08:44:58 And the revision sheet dated July 21, 2011.

08:45:02 >>HARRY COHEN: Second.

08:45:04 >>MARY MULHERN: Motion by Councilwoman Capin, seconded by

08:45:10 Councilman Cohen. All in favor? Congratulations, Todd.

08:45:18 [ Laughter ]

08:45:20 >>THE CLERK: Motion carried.

08:45:23 >>MARY MULHERN: You are getting better cases.

08:45:26 >> No, you are getting better up there.

08:45:28 Madam Chairman, if I may, this would be scheduled for August

08:45:30 4th, is that correct?

08:45:32 >>THE CLERK: Yes. The motion with Suarez and Miranda being

08:45:34 absent. The second leading and adoption will be on August 4




08:45:37 at 9:30 a.m. Thank you.

08:45:38 >> Is there any possibility of changing that date?

08:45:41 I have another public hearing in St. Pete the same day and

08:45:45 time do. We know -- first of all, I don't know if that's

08:45:48 possible.

08:45:48 Second of all, when that might be.

08:45:49 >>MARY MULHERN: Does someone have a calendar?

08:45:57 >> You get an ab anonymous vote and you are pushing it.

08:46:02 >> I waited till you voted.

08:46:04 >>MARTIN SHELBY: August 25th?

08:46:14 If time is of the essence and council would request it,

08:46:17 council could schedule it for the evening meeting, if

08:46:20 council wishes.

08:46:23 On the 18th.

08:46:25 One week earlier.

08:46:26 >> You could even have it the evening of the 18th?

08:46:30 >> We have ten cases that night.

08:46:34 25th.

08:46:34 >> That's daytime, 9 a.m.?

08:46:38 >>MARTIN SHELBY: After 9:30.

08:46:39 >> I appreciate it.

08:46:44 The 25th?




08:46:46 >>MARY MULHERN: 25th at 9:30.

08:46:47 >> Thank you.

08:46:52 >>YVONNE CAPIN: So moved.

08:46:53 >>MARY MULHERN: All in favor?

08:46:55 >>THE CLERK: Motion carried.

08:46:57 Second reading and adoption will be on August 25th at

08:47:00 9:30 a.m.

08:47:03 >>> Thank you again, Madam Chairman, board members.

08:47:06 >>MARY MULHERN: Do we need a motion to receive and file?

08:47:11 >>HARRY COHEN: Motion to receive and file.

08:47:17 >>FRANK REDDICK: Second.

08:47:19 >>MARY MULHERN: All in favor?

08:47:21 New business.

08:47:21 Councilman Capin?

08:47:25 >>YVONNE CAPIN: Yes.

08:47:27 I would like to make a motion to extend the time for

08:47:31 cultural assets economic workshop to 09 minutes on September

08:47:35 15th.

08:47:36 We have quite a few experts coming forward.

08:47:39 I think it's going to be very interesting.

08:47:41 >>HARRY COHEN: Second.

08:47:43 >>MARY MULHERN: All in favor?




08:47:54 >> (off microphone)

08:47:57 >>MARY MULHERN: I think we can have a motion to do that.

08:48:01 Do we usually have public comment, Mr. Shelby?

08:48:07 >>MARTIN SHELBY: Not for the night meeting.

08:48:09 It's the pleasure of council if council wishes to entertain

08:48:11 that.

08:48:11 It's the chair's pleasure.

08:48:12 >>MARY MULHERN: Sure.

08:48:15 We would love to hear from you.

08:48:16 You don't have a big line behind you.

08:48:17 >> Three minutes, Madam Chair?

08:48:22 >>MARY MULHERN: Sure.

08:48:22 >> My name is John wolf.

08:48:24 I'm a deacon at St. Mary's and I wanted to thank Mary for

08:48:29 her contribution to faith cafe and urge you and all those

08:48:32 who will see this to consider contributing to our building

08:48:36 fund as we get ready to move to a new location and continue

08:48:41 this ministry of giving food to those who are hungry and on

08:48:46 our streets.

08:48:47 Thank you very much.

08:48:48 >>MARY MULHERN: Thank you.

08:48:54 Continue.




08:48:57 >>YVONNE CAPIN: Motion for 90 minutes.

08:48:58 I just wanted to make sure it was correct.

08:49:00 >>MARTIN SHELBY: What day again was that?

08:49:04 >>YVONNE CAPIN: September 15th at 1:30 for 90 minutes.

08:49:07 >>MARY MULHERN: Okay.

08:49:08 You got that.

08:49:11 >>YVONNE CAPIN: Thank you.

08:49:11 >>MARY MULHERN: That's it?

08:49:12 Councilman Reddick, any new business?

08:49:15 Councilman Cohen?

08:49:19 >>HARRY COHEN: No new business.

08:49:20 >>LISA MONTELIONE: I just have an item of house cleaning.

08:49:24 Because of the timeliness of offering the commendation this

08:49:28 morning to be the admiral, we did not have it as a motion of

08:49:31 council to be con confer that commendation to the admiral.

08:49:36 So I would like to just make that motion to transmit the

08:49:42 commendation to admiral so we clean up that piece of

08:49:47 business.

08:49:48 >>MARTIN SHELBY: It wasn't done this morning?

08:49:51 >>LISA MONTELIONE: No.

08:49:52 >>HARRY COHEN: Second.

08:49:54 >>MARY MULHERN: All in favor?




08:49:57 >>MARTIN SHELBY: Did you understand the motion, Mr. Clerk?

08:49:59 >>THE CLERK: The motion is just to transmit the

08:50:01 commendation which was presented this morning at the CRA

08:50:03 meeting, just to transmit that to the admiral.

08:50:07 Is that correct?

08:50:09 Thank you.

08:50:09 >>MARY MULHERN: Thank you.

08:50:10 >>THE CLERK: Motion carried.

08:50:12 >>MARY MULHERN: We are adjourned.

08:50:51

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