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Thursday, September 8, 2011

6:00 p.m. session


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>>MARY MULHERN: Good evening.

06:09:48 Welcome to Tampa City Council.

06:09:53 City Council is now in session.

06:09:56 And we'll have roll call, please.

06:10:01 >>MIKE SUAREZ: Here.

06:10:05 >>YVONNE CAPIN: Present.

06:10:06 >>FRANK REDDICK: Here.

06:10:07 >>MARY MULHERN: Here.

06:10:08 >>HARRY COHEN: Here.

06:10:09 >>LISA MONTELIONE: Here.

06:10:11 >>MARY MULHERN: Thank you.

06:10:14 And we have a couple of commendations tonight.

06:10:18 So I will ask Councilman Cohen to present it.

06:10:28 >>HARRY COHEN: I would like to ask the Palma Ceia west

06:10:43 softball team to join me up here along with their manager.

06:10:55 You would think we do this all the time but I have never

06:11:07 given a commendation like this before.

06:11:09 It is my great pleasure to welcome you to Tampa City

06:11:11 Council.

06:11:12 And we are going to present you tonight with a commendation

06:11:16 for your remarkable season this summer.

06:11:19 This team represented our city at the state championship

06:11:22 level and won.

06:11:24 They advanced to the U.S. southeast regional and won and

06:11:28 made their way to Kirkland, Washington to the top of the

06:11:31 World Series.

06:11:31 These young ladies have made us very proud, and we admire

06:11:35 their talent in this great sport, and we want to bring

06:11:39 greetings on behalf of the City of Tampa.

06:11:44 Let me give you each one individually.

06:11:47 Sydney Sosha.

06:11:57 Cory Tratbetter.

06:12:02 Victoria Valdez.

06:12:06 Justin Fernandez.

06:12:11 And Katie Weachter.

06:12:18 And their manager.

06:12:19 Would you like to say a few words?

06:12:23 >> It was an unbelievable run.

06:12:32 You have got to have a little luck and you have got to have

06:12:34 a support and we had the City of Tampa behind us.

06:12:39 We have beaten some teams that we shouldn't have beaten but

06:12:44 to be second in the world is really an unbelievable

06:12:47 accomplishment.

06:12:47 We knew when the year started we had a great start.

06:12:52 It's an honor to be around these fine young ladies that are

06:12:56 really more like family rather than being a team.

06:12:59 So I'm sad that hits over.

06:13:03 I miss them and miss all the hard work.

06:13:06 But thanks very much for this.

06:13:07 It means a lot to us.

06:13:08 Thank you.

06:13:10 [ Applause ]

06:13:17 >> We are all very proud of you.

06:13:18 >>MARY MULHERN: Congratulations.

06:13:21 We are.

06:13:23 Our next commendation we are holding till 7:00.

06:14:02 Is that right?

06:14:03 >> Correct.

06:14:04 They are trying to get out of school and work in New Tampa,

06:14:09 and they should be here at 7:00.

06:14:11 >>MARY MULHERN: Maybe we could get our new business, to our

06:14:16 new business now, if council would like to do that, or we

06:14:18 can wait.

06:14:21 We can start with the hearings.

06:14:30 Item number 3.

06:14:32 File Z-11-37.

06:14:35 Oh, I think we are going to do -- we need to go over the

06:14:39 agenda.

06:14:39 Is there agenda review?

06:14:42 Or are we just going to get started?

06:14:44 >>ABBYE FEELEY: Good evening, council.

06:14:49 >>MIKE SUAREZ: Do we have to open the public hearing and

06:14:54 swear?

06:14:55 >> Everything on your agenda this evening is ready to move

06:14:58 forward.

06:14:58 I don't have any cancellations, removals, or any

06:15:01 modifications.

06:15:02 Thank you.

06:15:02 >>MARY MULHERN: Okay, good.

06:15:05 >>MIKE SUAREZ: Move we open the public hearings for items 3

06:15:08 through 9.

06:15:08 >>MARY MULHERN: All in favor?

06:15:12 Anyone opposed?

06:15:14 Okay.

06:15:21 Would you like to swear them in?

06:15:25 >>MARTIN SHELBY: People that are going to be speaking

06:15:33 tonight --

06:15:34 >>MARY MULHERN: Okay, thank you.

06:15:37 Anyone who wishes to speak on any of the hearings tonight,

06:15:40 please stand and be sworn in.

06:15:42 (Oath administered by Clerk)

06:15:51 >>MARY MULHERN: Yes, Mr. Shelby.

06:15:54 >>MARTIN SHELBY: Several things.

06:15:56 First, I ask that all written communication which has been

06:15:58 available for public inspection in City Council's office be

06:16:02 received and filed into the record at this time.

06:16:07 Motion, please?

06:16:09 >>MIKE SUAREZ: So moved.

06:16:10 >> Second.

06:16:11 >>MARY MULHERN: All in favor?

06:16:13 Anyone opposed?

06:16:14 >>MARTIN SHELBY: Secondly, council, just a quick reminder,

06:16:17 if there's been any ex parte communications please disclose

06:16:21 the sum and substance and with whom that communication

06:16:24 occurred prayer to council taking action.

06:16:26 The last two items for the benefit of the people speaking

06:16:28 tonight, I saw a lot of people standing up to testify.

06:16:32 If you do speak, there is a sign-up sheet outside.

06:16:35 Would you please make sure when you leave that your name is

06:16:37 on that sign-up sheet that goes to the clerk?

06:16:40 And that will be very helpful to have that.

06:16:43 Finally, um putting a little sign to remind those coming

06:16:48 after you if you haven't been sworn that you please do speak

06:16:55 and that you have been sworn in.

06:16:57 >>CATHERINE COYLE: Land development.

06:16:57 I have been sworn.

06:17:02 Oh Z 11-37, 302 and 304 south bungalow.

06:17:09 This is an area rezoning.

06:17:11 The property itself is at the southeast corner of plat

06:17:17 Street and Buffalo park.

06:17:20 Currently it is a vacant site.

06:17:22 This is the site from bungalow looking east.

06:17:28 Southwest looking northeast.

06:17:33 Looking south.

06:17:35 The adjacent alley to the east.

06:17:39 Looking southeast.

06:17:41 And then some of the adjacent properties, the northeast

06:17:44 corner.

06:17:45 North of the subject property.

06:17:49 Southwest.

06:17:52 This is a slightly different shot of that particular

06:17:54 development.

06:17:57 South of the subject property on bungalow.

06:17:59 This is looking north on bungalow.

06:18:03 And the property to the northwest.

06:18:05 >>MARY MULHERN: That's where the Palma Ceia girls -- that's

06:18:18 their alma mater, some of them.

06:18:20 That's Mitchell, one of our historic --

06:18:26 >>ABBYE FEELEY: We planned that.

06:18:30 [ Laughter ]

06:18:30 This is a zoning atlas.

06:18:32 The zoning request was from PD to RM-16.

06:18:36 This is the PD here.

06:18:37 The majority of the surrounding area is RM-16.

06:18:40 You will note in the summary, the request is to change from

06:18:45 PD to RM-16, two platted lots, approximately 16,284 square

06:18:50 feet.

06:18:51 Each lot is 54 by 123.

06:18:54 The PD was approved in 2005 for six single-family attached

06:18:58 residential units.

06:18:59 The request is to revert back to the RM-16.

06:19:02 The RM-16 was in effect as of December 17th, 1987

06:19:06 through 2005.

06:19:07 It was rezoned for town homes, and now to go back to RM-16

06:19:16 back to what it originally was.

06:19:17 The immediately adjacent property as I noticed to the north,

06:19:20 south, east and west are RM-16, approximately the

06:19:23 surrounding block.

06:19:25 You will note on page 2 of the staff report that RM-16 is

06:19:28 consistent with the matrix section 27-2 in our code, with

06:19:35 R-20 land use category.

06:19:38 Furthermore, the residential land use category of R-20 also

06:19:42 was on other surrounding blocks as well.

06:19:46 On pages 2, 3 include the use table, which shows the

06:19:52 allowable uses within the RM-16 district.

06:19:55 Page 4 is the standards for RM-16 and noting to different

06:20:02 staff members that we find it consistent.

06:20:04 As I mentioned it's an area rezoning.

06:20:06 City is the applicant to change this back to RM-16.

06:20:11 Reverting it back to the original district.

06:20:13 The property owner was placed on notice.

06:20:16 If you have any questions for them, they have stated they

06:20:19 have no objections to the request.

06:20:21 And I believe I spoke before Mr. Garcia which is out of

06:20:27 turn.

06:20:29 He can go now.

06:20:30 I have no objections, thank you.

06:20:32 >>TONY GARCIA: Planning Commission staff.

06:20:33 I have been sworn.

06:20:35 And since she doesn't do this very often I will give her

06:20:41 that. I only have a couple of things, she did such a fine

06:20:44 job in the general manner of telling you from the comp plan

06:20:47 aspect, also the RM 20 and how the RM-16, land use category.

06:20:53 The only other additional thing I want to add as it relates

06:20:56 to the comprehensive plan is the proposed rezoning request

06:20:59 is located within the central planning district for the City

06:21:01 of Tampa, which is one of your three planning districts that

06:21:05 offers the greatest opportunity for growth and job creation.

06:21:09 Planning Commission staff did find the proposed request

06:21:11 consistent with the comprehensive plan.

06:21:13 Thank you.

06:21:13 >>MARY MULHERN: Thank you.

06:21:23 Is this a city initiated?

06:21:25 Okay.

06:21:25 Does anyone have any questions?

06:21:28 Council, questions for staff?

06:21:35 Is there anyone from the public who wishes to speak on this

06:21:38 item?

06:21:39 Do we have a motion to close the public hearing?

06:21:42 >>HARRY COHEN: Motion to close.

06:21:44 >>MIKE SUAREZ: Second.

06:21:45 >>MARY MULHERN: All in favor?

06:21:47 Council?

06:21:50 >>LISA MONTELIONE: Thank you, Madam Chair.

06:21:52 I move an ordinance being presented for first reading and

06:21:55 consideration, an ordinance rezoning property in the general

06:21:57 vicinity of 302 and 304 south bungalow Park Avenue in the

06:22:02 city of Tampa, Florida and more particularly described in

06:22:04 section from zoning district classifications PD, planned

06:22:08 development, single-family attached, to RM-16, residential

06:22:11 multifamily, providing an effective date.

06:22:12 >> Second.

06:22:16 >>MARY MULHERN: All right, this is a horse race now.

06:22:23 Motion made by Councilwoman Montelione, seconded first by

06:22:27 Councilman Suarez.

06:22:28 All in favor?

06:22:30 Anyone opposed?

06:22:32 >>THE CLERK: Motion carried with Miranda being absent.

06:22:36 Second reading and adoption will be on September 22nd at

06:22:39 9:30 a.m.

06:22:40 >>MARY MULHERN: Thank you.

06:22:47 Items number 4 and 5, I believe, are related.

06:23:00 >>JAMES COOK: Land Development Coordination staff.

06:23:01 >>MARY MULHERN: We have a lot of paperwork.

06:23:04 >> You are correct.

06:23:05 Item 4 and 5 are related and 5 is contingent upon the

06:23:09 vacating so we requested to be heard together.

06:23:19 Part of U.T.'s proposed expansion plans, lying west, north

06:23:26 of Kennedy Boulevard, were vacated back in 2006.

06:23:30 On the Elmo, I highlighted all the ones in yellow.

06:23:36 Although part of that vacating, FDOT requested the southerly

06:23:40 25 feet along Kennedy Boulevard be left out for future

06:23:44 plans, but that has removed that restriction.

06:23:47 That's why we are before you tonight for this vacating

06:23:50 application.

06:23:50 Under this application, petitioner is requesting to vacate

06:23:54 the south 25 feet, an alleyway, Gilchrist, and between North

06:24:03 Boulevard and -- I'm sorry -- vacating northeast.

06:24:12 This is a photo of Edison looking south.

06:24:20 This is a photo of New Port looking north from Kennedy

06:24:24 Boulevard.

06:24:29 This is a photo of thing ally looking north from Kennedy

06:24:33 Boulevard.

06:24:34 These last photos, a fought off Gilchrist looking north from

06:24:38 Kennedy Boulevard.

06:24:38 I would like to point out that the vacating of university of

06:24:43 Tampa on both sides of the proposed vacating.

06:24:45 Staff has no objection to vacating request.

06:24:48 >>ABBYE FEELEY: Land Development Coordination.

06:25:05 As Jimmy said, what's before you this evening is a rezoning

06:25:08 for the university of Tampa.

06:25:10 This is a PDA to PDA request.

06:25:13 You don't get many of these.

06:25:15 PDA is a planned developmental tern tiff, means it's a large

06:25:20 plan with set of entitlements and how those entitlements are

06:25:23 drawn down off of it through an administrative process with

06:25:26 Land Development Coordination, whereas they pull down, the

06:25:29 pieces of the entitlement, they come in under a site plan

06:25:33 review, and we review the projects at that time.

06:25:36 A lot of this area is already developed, so this would be

06:25:41 more on the western side of the campus, and really what's

06:25:45 before you tonight is to reflect acquisitions that have been

06:25:49 occurred in the last ten years since the most recent

06:25:51 rezoning which was in 2002.

06:25:55 I'll let Mr. Garcia talk about comp plan, and then I will

06:25:57 come back through about the plan.

06:26:01 Thank you.

06:26:08 Sorry.

06:26:09 When Jimmy.

06:26:11 >>MARY MULHERN: When Jimmy was showing us those little bits

06:26:14 that were being vacated, I don't think we have that -- I

06:26:18 don't seem to have that map.

06:26:20 So maybe leave that up there for a little bit.

06:26:24 Thanks.

06:26:35 >>TONY GARCIA: Planning Commission staff.

06:26:36 I have been sworn.

06:26:45 Madam Chair, if you don't mind, for a couple of seconds, I

06:26:49 have to scrub that map for a couple second to put mine up.

06:26:54 It's dealing were the vacating and I have to show you comp

06:26:57 plan.

06:26:57 >> Oh, you are not even talking about the vacating really.

06:27:00 Okay, thanks.

06:27:02 >>TONY GARCIA: Thank you.

06:27:07 Once again the proposed rezoning request is in the central

06:27:09 planning district.

06:27:12 There are a lot of land use categories for the subject site

06:27:20 which single-family well in excess of the acres required for

06:27:23 the PDA.

06:27:25 This is the site owned by the university of Tampa.

06:27:26 You can see it has quite a few different land use

06:27:30 categories, urban mixed use 60, mixed use 35, has some R-35,

06:27:36 as well as the Publix which is the vast majority of the

06:27:41 site.

06:27:42 University of Tampa has been around for a very long time.

06:27:46 It was previously known as the Tampa Bay hotel created by --

06:27:53 developed by Henry plant, 1891.

06:27:56 And as we all know it's one of the greatest pieces of

06:27:59 historical structure in the City of Tampa.

06:28:02 As we know the minarets serve as a notable back drop to the

06:28:07 city's downtown center and provides a wonderful entrance to

06:28:09 those visitors that come in from Kennedy Boulevard.

06:28:12 The University of Tampa has been a significant contributor

06:28:14 to many, many people who have traveled through these halls

06:28:19 and graduated and become successful citizens and

06:28:22 contributors in the business world here in the City of

06:28:24 Tampa.

06:28:24 And a little bit of a speed bump several years ago but has

06:28:30 rebounded very nicely and serves as a wonderful ambassador

06:28:33 and contributors to the character of the City of Tampa.

06:28:37 The request obviously is to continue to let the University

06:28:39 of Tampa evolve, and continue to serve as a wonderful

06:28:44 ambassador to this city, and is very consistent as far as

06:28:49 the ideals behind the central planning district which is for

06:28:54 job creation and economic development.

06:28:55 Where else could you find a better opportunity to create a

06:28:59 new employment base and new citizens that may decide to

06:29:03 remain in the city, new citizens as they come from August

06:29:09 segments, areas of the United States and other areas of the

06:29:11 world to come in, visit our hallowed halls of the university

06:29:16 of Tampa.

06:29:17 Planning Commission staff find it consistent with the

06:29:20 comprehensive plan.

06:29:21 Thank you.

06:29:22 >>ABBYE FEELEY: I am going to show you 92 acres in a couple

06:29:37 of pictures.

06:29:39 Really as I previously mentioned, the request before you

06:29:41 this evening is to bring into the boundaries of the

06:29:44 university of Tampa.

06:29:48 Thought properties that have been acquired over the past ten

06:29:51 years.

06:29:51 And now that the university is seeking to expand their

06:29:54 functions into those areas, one of the most recent than you

06:29:57 may have seen actually transformed what would have been

06:30:00 Valencia Gardens site which the university purchased several

06:30:03 years ago and modifications have been made to that site.

06:30:07 They are now seeking to bring that into their PDA

06:30:09 designation to allow for future expansion of utility

06:30:12 functions -- university functions in that area.

06:30:15 Let me go ahead and should be the zoning atlas.

06:30:22 On the atlas sheet you can see where some of those CG,

06:30:26 RM-24, there's a CG piece back here, that's a narrow piece

06:30:32 over here, RM piece over here, that are now expanding that

06:30:35 boundary, and of course what Jimmy showed you including the

06:30:38 vacating, that will bring that straight across Kennedy.

06:30:42 This is all the green, university of Tampa property.

06:30:47 That's the subject property.

06:30:48 >>MARY MULHERN: Are the white parts that are cut out not

06:30:53 owned by them?

06:30:55 >>ABBYE FEELEY: Correct.

06:30:56 That would be if any of this were acquired in the future, we

06:30:59 would have to come back and again move this line to be

06:31:05 controlled.

06:31:05 Let me be clear on the record that this piece here is owned

06:31:08 by the city, what we refer to as the historic campus area.

06:31:12 So the city gave authorization for the university to apply,

06:31:17 obviously, but none of the changes are actually being

06:31:21 occurring in the historic area.

06:31:23 You will see that kind of called out on your site plan as

06:31:27 two different designations.

06:31:33 Also, North Boulevard.

06:31:35 But I do have a segment, because North Boulevard has not

06:31:38 been vacated, so that remains public right-of-way.

06:31:42 That traverses through the center of the university.

06:31:53 I did manage to duck out and get a few pictures.

06:31:56 This is from Curtis Hixon park looking back toward the

06:32:00 university, looking west.

06:32:02 I took a couple pictures of the entry signs because they are

06:32:05 one of the waivers on your site plan this evening.

06:32:11 This is at the Cass Street entrance. Also you will see

06:32:14 there's a waiver on your plan related to ceremonial fence

06:32:19 entrances and fence types.

06:32:20 This is a look at the entrance.

06:32:24 Cass and an internal driveway to the university.

06:32:28 This is the Thompson building also mentioned in your staff

06:32:31 report.

06:32:31 Dennis Fernandez is here this evening from historic

06:32:35 preservation related to that building.

06:32:41 Be I also took some shots headed down Boulevard.

06:32:44 Boulevard has a special street setback.

06:32:47 42 feet from the center line.

06:32:49 And many of these buildings along Boulevard, existing

06:32:53 buildings, are placed at a zero type of setback.

06:32:57 There's a waiver on the site plan that's pretty much their

06:33:01 existing location, waiving that special street setback.

06:33:07 This is still on Boulevard.

06:33:09 This is taken kind of from the center of campus back toward

06:33:13 Kennedy, that try ankle adjacent to the railroad tracks

06:33:16 that's now coming in as part of the university property.

06:33:21 This is the be intramural field off of Cass.

06:33:26 You will see on your site plan the university is requesting

06:33:28 placement of a field along Kennedy with the netting so I

06:33:32 wanted to show you visual depiction of what that looks like

06:33:36 in existence.

06:33:41 Plant hall.

06:33:42 This is from Kennedy.

06:33:44 Jimmy showed you some of the pictures from Kennedy.

06:33:47 This is just moving east back toward downtown.

06:33:54 Property acquisitions.

06:33:57 This is one of the buildings that's left out, the small

06:34:03 building is not contained.

06:34:04 And just to the west on that west side of the railroad

06:34:08 tracks is the Furman property that was just recently rezoned

06:34:12 for Tampa General Hospital's rehabilitation center.

06:34:15 I think you all are pretty familiar with this property.

06:34:23 There are several waivers being requested tonight.

06:34:26 Let me go ahead also and just introduce.

06:34:28 This is the 1122 at 401 West Kennedy, the university of

06:34:32 Tampa.

06:34:32 The request is from PDA, CG commercial general, commercial

06:34:37 intensive, RM-24, to PDA planned developmental tern tiff,

06:34:41 college, university, private.

06:34:44 There are eight waivers being requested.

06:34:48 The first is for the removal of five grand trees including

06:34:52 tree trees on the intramural field and two trees for future

06:34:55 building.

06:34:57 Just to elaborate a little bit on that, there are 40 grand

06:35:00 trees on the 90 acres.

06:35:03 I believe my calculation is 18 of them are located in the

06:35:06 historic campus area and the remainder are located in the

06:35:09 new campus area.

06:35:10 So as wee redevelopment is occurring within this area the

06:35:13 university is finding they may need to remove some of those.

06:35:19 I will let the applicant speak further to that.

06:35:23 The second waiver is for a sign separation reduction.

06:35:29 I showed you those entryway signs.

06:35:31 Those entryway signs are required to be 150 feet separated

06:35:37 150 feet apart.

06:35:39 Because they are entryways, especially the right-of-way like

06:35:43 on Boulevard, they wanted to put those entryway signs there.

06:35:46 It would be less than the 150.

06:35:48 So that's what you see there is to allow for the ceremonial

06:35:51 entrance signs to be placed closer than 150 feet.

06:35:57 The third is the reduction of special street setbacks which

06:35:59 I showed you some pictures of along North Boulevard and also

06:36:02 along West Kennedy.

06:36:04 Kennedy has special street setback of 54 feet from the

06:36:08 center line.

06:36:10 In order to comply with the overlay which would have them

06:36:12 place the building at a minimum of five feet we would need

06:36:15 to reduce that special street setback and bring it up to 45

06:36:19 feet.

06:36:19 So that's also on the plans.

06:36:21 The buildings along Kennedy.

06:36:23 There is a couple requests for waivers to the overlay.

06:36:29 One is to allow for the principal building facade and

06:36:33 functional pedestrian entry of residential building to be

06:36:36 oriented away from Kennedy, and that means in the direct

06:36:40 pedestrian access.

06:36:41 So it is a security issue related to dormitories on the

06:36:44 university campus.

06:36:45 I believe the applicant will be speaking to that waiver.

06:36:52 The next was for the fence height.

06:36:54 And I just talked to you a little bit about that.

06:36:58 Many of you are familiar that the university has a fence

06:37:02 that is a perimeter fence along Kennedy Boulevard and in

06:37:07 many other places, about Cass Street as well, and that

06:37:11 waiver there is to allow them to keep that fence in its

06:37:17 existing position and also to place it along where the new

06:37:20 properties are, with the exception of one building being

06:37:24 built along Kennedy, nonresidential building, that fence

06:37:27 would come down and the building facade would come up

06:37:30 consistent with the Kennedy overlay.

06:37:33 The seventh waiver is to increase the streetscape planting

06:37:38 interval from 28 feet on center to 42 feet on center.

06:37:44 And the last is to allow for alternative lighting fixtures,

06:37:49 poles and related equipment to be consistent with the

06:37:52 existing lighting scheme that the university has been

06:37:55 utilizing, and also placement of 42 feet.

06:38:01 Total development entitlement for this property are 2.7

06:38:05 million square feet including 4,000 beds and .5 million

06:38:09 square feet of university function.

06:38:11 So this isn't your typical PD.

06:38:13 This is a PDA, 90 acres, pretty much a large bubble plan

06:38:19 that comes in under different review criteria at the time

06:38:23 that each of those bubbles are being developed.

06:38:27 The provisions of the plan contain minimum setbacks,

06:38:30 building height requirements, and conditions for

06:38:32 development.

06:38:33 Unless otherwise waived above, all applicable code

06:38:36 provisions will be applied at the time of the detailed site

06:38:39 plan review.

06:38:41 The approval of this rezoning is consistent on the vacating.

06:38:47 Then application, given the size of it, still has some

06:38:50 substantial modifications that need to be made in between

06:38:53 first and second reading.

06:38:55 They are really not content modifications.

06:38:57 They are more technical provisions.

06:39:00 But after reviewing all of the notes and going over

06:39:02 everything with parks and recreation related to the trees,

06:39:06 also the university is now going to provide us with a tree

06:39:09 inventory on an annual basis that is going to give us an

06:39:13 update of whereof we are in relationship to the over 1700

06:39:17 trees that are located on-site.

06:39:20 Those are all spelled out in the revision sheet.

06:39:25 I ever met we've the applicant, and we have reviewed all of

06:39:28 the modifications.

06:39:29 I believe that the applicant is willing to make all of those

06:39:34 modifications in between first and second reading.

06:39:37 We have worked through many of them together, and staff is

06:39:40 available for any questions.

06:39:40 >> I'm John LaRocca with Murphy LaRocca consulting, agent

06:40:02 for the petitioner.

06:40:03 I have been sworn in.

06:40:05 Abbye has done an excellent job over a long period of time

06:40:11 with this planned developmental tern tiff rezoning for the

06:40:14 university of Tampa.

06:40:17 As Abbye indicated, for the most part the bulk of the

06:40:20 campus, the 90 acres, or smaller portion of the 90 acres,

06:40:26 was rezoned approximately nine years ago.

06:40:31 What has occurred, and what caused this request to amend the

06:40:35 PD, as Abbye indicated -- and I will use the overhead

06:40:39 projector for a moment -- the addition of these properties

06:40:49 in shades of gray, the light shade of gray that I am

06:40:53 pointing to now is -- hopefully everyone knows where the

06:41:01 Valencia garden restaurant was.

06:41:02 That property was acquired and added to the overall boundary

06:41:06 of the campus.

06:41:07 And the darker areas, while they have been acquired over the

06:41:11 last nine, ten years, were not zoned PDA.

06:41:15 As Abbye indicated in her presentation, as the master plan

06:41:21 of the campus has been refined and these additional

06:41:23 properties added to the university's ownership, refinement

06:41:28 of that master plan has occurred over the last few years,

06:41:31 and we have worked diligently over the last few months as

06:41:35 this problem sees began to address all of the detailed Land

06:41:39 Development Code issues that will be applied at the time of

06:41:44 detailed plan review.

06:41:46 As Abbye had indicated, this is not a PD but a PDA.

06:41:50 The purpose of this particular PDA amendment and the

06:41:53 amendment of the few parcels that were not zoned PDA is to

06:41:58 recognize the conceptual levels of approval of the

06:42:01 university's primary uses and functions, and at the same

06:42:04 time maintaining design flexibility for the anticipated

06:42:08 long-term build-out schedule at the university.

06:42:12 Site specific or future development shall comply with the

06:42:15 requirements established herein as described by Abbye and as

06:42:20 included in the recommended adjustments to the site plan

06:42:23 that we agreed to be through the detailed site plan review

06:42:26 process.

06:42:27 This is a process that works in the City of Tampa, in large

06:42:32 developments.

06:42:33 There are some PDAs in the New Tampa area, Harbor Island

06:42:38 was a PDA, the University of Tampa campus with approximately

06:42:42 90 acres is obviously an excellent candidate for PDA

06:42:46 standards.

06:42:46 >>MARY MULHERN: What's the A?

06:42:49 >> Alternative process.

06:42:50 It's a flexible, a more flexible bubble plan as Abbye

06:42:55 referred to it that be includes very specific design

06:43:00 regulations from an overall standpoint, and then detailed

06:43:05 plan review will occur as individual projects components

06:43:09 come in.

06:43:12 We have worked diligently with the staff over the last few

06:43:15 month, refined the master plan on some of the issues that

06:43:18 resulted in the conditions that staff has recommended and

06:43:22 now are either included on the current plan or will be

06:43:26 revised between first and second reading should that City

06:43:30 Council move forward with this request.

06:43:33 Two of the comments that Abbye addressed, that I will speak

06:43:38 more directly to, on the tree removal question and the

06:43:41 Kennedy Boulevard overlay, one of the things -- two of the

06:43:44 things that we had to address very specifically as we did

06:43:48 master planning, and as we moved into the west end of the

06:43:51 campus, west of Boulevard, is planning for areas that have

06:43:57 been a grid network, a grid street system, that would be

06:44:01 redeveloped, primarily for many of the sports facility

06:44:04 components of the university.

06:44:07 There are over 1700 protected trees on the 90 acres,

06:44:12 approximately 40 acres of those trees have been designated

06:44:15 based on the city standards as grand.

06:44:18 We felt it important that we wanted to reserve the right to

06:44:21 remove up to five of those grand trees to best accommodate

06:44:25 the individual parcel development as we come in for those

06:44:30 reviews and approvals.

06:44:31 And we have worked again diligently with staff to include

06:44:34 language in the site plan as to how that process would

06:44:38 occur, how the information would be presented, how the

06:44:43 applicant would preserve as many trees as possible, where

06:44:45 possible, but in those unique cases, have the ability to

06:44:49 remove some trees without having to come back for a special

06:44:51 review at that particular time.

06:44:54 Regarding the Kennedy overlay, we worked diligently with

06:45:00 your staff.

06:45:01 Mike Callahan worked with us.

06:45:02 The university has some unique needs and protection of its

06:45:05 student population in terms of what components of the

06:45:10 campus, open to the outside, and how important it is to

06:45:15 develop a plan that offers certain safety and protections to

06:45:18 the university, but at the same time trying to recognize the

06:45:21 design needs of the city.

06:45:22 So the standard that we have established within the PDA site

06:45:27 plan as originally submitted and as proposed to be amended

06:45:33 that we agreed to, we believe addresses both concerns, and

06:45:38 mutually accommodate what the city is trying to do from a

06:45:41 design perspective along Kennedy Boulevard and what the

06:45:45 university is trying to do for the safety of its students.

06:45:49 We agree in summary, we agree to the conditions, recommended

06:45:54 changes that Abbye has presented in the revision sheet that

06:45:59 has been presented or will be presented this evening.

06:46:02 The vacating request obviously runs in conjunction with the

06:46:05 rezoning.

06:46:06 We have noon questions or concerns with the data that's

06:46:13 included in the report and we respectfully request your

06:46:16 consideration of both the vacating of those rights-of-way as

06:46:20 were mentioned in that item, and the additional land to the

06:46:27 PDA and the PDA amendment. With me this evening are

06:46:31 representatives from the university, our engineer of record,

06:46:34 landscape architect, and our arborist.

06:46:36 If there's any specific questions that you might have about

06:46:39 any component of this plan, I will call on any one of them

06:46:43 up to answer your specific questions.

06:46:44 But, again, we have worked very closely with staff over the

06:46:48 last few months.

06:46:48 We believe we can all agree with a master plan and some

06:46:53 zoning regulations that will allow the university to move

06:46:55 forward in a way that we can accomplish all of our long-term

06:47:00 vision and goals and the city can be proud of the product

06:47:06 and facilities that will occur at that location.

06:47:09 Thank you.

06:47:10 >>MARY MULHERN: Is there anyone from the public that wishes

06:47:21 to speak on this?

06:47:22 >> Move to close the public hearing.

06:47:29 >> I have some questions for -- I don't know who.

06:47:35 Whoever wants to answer them.

06:47:37 I don't know if Tony -- that map, did you leave?

06:47:46 >> You mean the vacating?

06:47:48 >>MARY MULHERN: Yes.

06:47:49 My question, because we have all these plans and maps that

06:47:51 have the entire campus on it, I'm still not sure Watt you

06:48:08 are asking to have been vacate.

06:48:09 The pieces on Kennedy, are those like parts of alleys?

06:48:14 >>ABBYE FEELEY: Land development.

06:48:16 There are parts of streets that were previously vacated by

06:48:20 D.O.T., had originally said we need to retain 5 feet of

06:48:24 those streets.

06:48:25 Now D.O.T. says we don't need that.

06:48:29 >> Everything north is already vacated?

06:48:32 >>ABBYE FEELEY: Yes.

06:48:33 Yes.

06:48:33 >> So what's that?

06:48:41 >> That's an additional piece on Edison that has been

06:48:44 vacated.

06:48:44 >> That's Edison street north of "A."

06:48:52 >> Previously when the first vacating came through in 2006

06:49:00 the University of Tampa didn't own both sides of that, it

06:49:04 wasn't included in the original request.

06:49:06 They have now acquired property on the west side.

06:49:08 And that's why it's included in this request.

06:49:09 >> So you own the property on both sides.

06:49:14 Okay.

06:49:14 >> You can see from the arrow, everything that's cross

06:49:17 hatched has been vacated in that area.

06:49:19 >>MARY MULHERN: So I understand the vacating.

06:49:27 But I do have a question for you or maybe -- is the

06:49:32 architect or planner -- you are the planner?

06:49:35 >> Well, ask the question and I will have that person come

06:49:37 up to answer it.

06:49:38 >>MARY MULHERN: Okay.

06:49:40 It's a very big, general question.

06:49:42 But what I find really beautiful about your campus and your

06:49:48 site is that not only are you urban, but you are really

06:49:53 green.

06:49:54 And I think, you know, the decisions that you have made

06:50:00 has -- and I think you have a big constraint because of the

06:50:06 railroad.

06:50:06 That's a big problem, right?

06:50:11 But I think what gives the campus some really nice character

06:50:15 is the brick streets and the little -- the fact that it does

06:50:20 have that little bit of history and urban character.

06:50:25 So it looks like -- is Edison the only street that you are

06:50:34 vacating and -- I mean, is it -- what's going on there that

06:50:42 you need -- why does that need to be vacated other than you

06:50:45 just want to be able to move forward?

06:50:50 >> I don't know if, Abbye, you have a better drawing.

06:50:59 I have a copy of the site plan that we can put on the

06:51:01 overhead.

06:51:02 >> I think we have it so you can probably tell me which

06:51:04 page.

06:51:05 Okay, great.

06:51:05 >> I guess the best way I can answer that is the building

06:51:09 that is at that point at Edison is the historic Thompson

06:51:13 building.

06:51:14 There is a condition in the zoning plan that we will address

06:51:17 anyone future changes to that particular property as part of

06:51:21 the overall campus development plan, and comply with City of

06:51:24 Tampa historic preservation requirements.

06:51:27 The best way I can answer the reason for the vacating is

06:51:30 that it is the intent of the university to maintain the west

06:51:34 end of the campus, the newer end, if you will, in terms of

06:51:40 many of the sports facilities that are being contemplating

06:51:43 in that particular area, and the intent is to create access,

06:51:48 pedestrianways, access roads to serve that part of the

06:51:51 campus that will be developed with a landscape plan,

06:51:55 comparable to the remainder of the campus, a tree canopy

06:51:59 that hopefully will be in a few years be able to rival the

06:52:06 rest of the campus in terms of its landscaping, and

06:52:08 greenery, streets where they can be maintained, certainly

06:52:11 will be maintained where appropriate, and whether there's no

06:52:16 need to remove them, but for the most part that part of the

06:52:19 campus is being redeveloped and replanted to fit the needs

06:52:23 shown on the master plan.

06:52:26 I hope I answered that question.

06:52:28 >>MARY MULHERN: No, you didn't, because my question is, I

06:52:30 guess, specifically about vacating that part of Edison.

06:52:35 That's whereby the Thompson building is.

06:52:37 Is that the gallery?

06:52:39 Is that what that is?

06:52:42 >> The Thompson building.

06:52:48 I'll show you pictures of that.

06:52:50 Abbye Feeley, land development.

06:52:52 What's gone on here historically has been these internal

06:52:55 roadways, internal to the university have been vacated in

06:52:58 order to allow for this 906-acre piece to function, and

06:53:02 internal circulation.

06:53:05 It remains -- if it remains public rights-of-way then every

06:53:08 time something happened or if they were going to develop and

06:53:11 realign something, then it belongs to the public.

06:53:14 So historically as they have moved along, they have done

06:53:17 that, and the prior vacatings, I did just check with Jimmy,

06:53:22 the brick streets, the prior vacatings, there were

06:53:25 conditions should those bricks be removed the bricks would

06:53:28 be rushed to the city.

06:53:29 This is not a historic brick street, this section of Edison

06:53:32 being requested before you tonight.

06:53:34 It's not.

06:53:34 >>MARY MULHERN: I hate to do this.

06:53:37 But Linda is not here anymore so I have to -- can you put

06:53:42 the picture, one of your photographs that shows which

06:53:46 section was the section you are vacating?

06:53:53 >>ABBYE FEELEY: Sure.

06:53:54 >> This section here?

06:54:05 >> Right.

06:54:06 But I want to see those -- yeah, one of your first

06:54:10 photographs, if it shows what's on either side of it.

06:54:14 Either/or.

06:54:16 >> This is the Thompson building.

06:54:22 And the brick starts -- it's paved at the intersection and

06:54:27 then the brick begins with this segment.

06:54:29 >>MARY MULHERN: So in your master plan, are you planning to

06:54:39 not use this as a roadway?

06:54:45 That's what I don't understand.

06:54:46 I think the grid -- I don't understand why -- I'm not in

06:54:50 favor of vacating streets, period, if you are an urban

06:54:56 university.

06:54:56 I don't understand.

06:54:58 This is the question for the petitioner.

06:55:01 Explain to me what your plans are for that spot.

06:55:06 >> I am going to ask John wolf, project manager and

06:55:11 construction and designed to answer specifically as to long

06:55:15 range plans at that location.

06:55:17 >>MARY MULHERN: Okay.

06:55:18 >> John wolf.

06:55:20 University of Tampa project manager.

06:55:21 I have been sworn in.

06:55:23 Basically, the purpose of this vacation is we are going to

06:55:26 be locating a large chilled water facility in this vacant

06:55:31 lot which is currently a parking lot.

06:55:34 And a lot of the pipes need to go understood this street and

06:55:40 you have to afternoon reply for these permits and such, and

06:55:42 that's one of the major reasons why we vacate the roads to

06:55:45 be able to put the major infrastructure into the campus.

06:55:48 >>MARY MULHERN: That's what I needed to No. then are your

06:55:51 plans to continue to use this as a street within the campus?

06:55:55 >> Currently, it is meant to -- as part of the master plan

06:56:01 we are going to maintain this road at this time.

06:56:03 But in the future, we have the incremental review process.

06:56:13 They are talking about right there and that's where the

06:56:15 child water plant is going to be located.

06:56:17 >> What does that mean incremental review process?

06:56:21 I know I may be making you repeat yourself, but this is news

06:56:25 to me.

06:56:25 It's probably news to everybody else.

06:56:27 >>ABBYE FEELEY: Land development.

06:56:29 A planned development alternative is predominantly a bubble

06:56:33 plan with a master set of entitlements.

06:56:35 In this case it's 4,000 beds in 1.5 million square feet of

06:56:41 university functions.

06:56:42 Those functions can go anywhere on that property with the

06:56:45 exception of the historic campus area that has plant hall.

06:56:50 When the university is ready to draw down off of their

06:56:55 master entitlement, they come through what we call an

06:56:57 incremental site plan review.

06:56:59 That's when they draw up the plans that look like a PD, and

06:57:02 in my office I have them by year, UT 10-01 was a dormitory.

06:57:11 So they actually come in and then get to a point of a

06:57:14 construction drawing, a site plan development, where we test

06:57:17 for code compliance with everything that they have committed

06:57:21 to on this master plan.

06:57:23 As you will see on the master plan you have in front of you,

06:57:25 there is notes and notes and notes about what they are going

06:57:28 to comply with when they come of in to draw down off of

06:57:31 those entitlements, and they do that, and until we get a

06:57:35 plan that complies with everything we work it through the

06:57:38 administrative process, the DRC, just like we do when we

06:57:42 bring something to you as a PD, except it's done all

06:57:45 administratively, internally, unless we get to a point where

06:57:51 we can't agree on what it is.

06:57:53 >>MARY MULHERN: So if you feel like they are not adhering

06:57:57 to the agreement in the -- I can't remember what you call

06:58:04 it, in the --

06:58:06 >> In the PDA.

06:58:10 You have many of these in New Tampa, Harbor Island as John

06:58:13 mentioned there's one of them.

06:58:14 A few years back PDA's became a minimum you acreage of 50.

06:58:18 We don't have many more of these coming to you because we

06:58:21 don't have many tracks that exceed 50 acres in the city.

06:58:25 >> One more question for you about the -- okay, so this --

06:58:30 the historic properties, is there protection for those so if

06:58:36 they wanted to make any changes to those buildings, at least

06:58:42 one of them, a historic building, right?

06:58:47 >> Plant hall.

06:58:48 >>MARY MULHERN: I'm talking about Thompson building.

06:58:52 >>ABBYE FEELEY: Historic campus area is under governance of

06:58:58 the ARC so nothing can occur there, plant hall, et cetera,

06:59:02 without ARC.

06:59:04 >> Does that include this?

06:59:05 >> Thompson building which is before you tonight, which is

06:59:07 one of the new pieces that goes with the university, staff

06:59:12 is requesting -- and Dennis is here -- that an notation be

06:59:15 placed on the site plan to seek designation for that

06:59:19 building through partnership we've the city and the

06:59:22 university, to seek historic designation for that building

06:59:28 under which then it would be a landmark designation, and

06:59:31 then be governed by ARC.

06:59:33 >> So the picture of the green on the site plan, is that

06:59:38 correct?

06:59:39 >>ABBYE FEELEY: Yes.

06:59:41 >>MARY MULHERN: Thank you.

06:59:41 One other question.

06:59:42 Is there somebody here from our tree people?

06:59:47 >> David Riley, parks and recreation is here this evening.

06:59:50 >> It's hard to put in context.

06:59:52 It seems -- how many grand trees are on the site?

06:59:57 >> David Riley, parks and recreation, and I have been sworn.

07:00:06 I think 40 grand trees.

07:00:08 And they want to remove five on this request.

07:00:11 I will say one of the trees has already been removed.

07:00:14 It was hit by lightning and died so we are down to 4.

07:00:18 I do have some pictures on these.

07:00:22 What I would like to show you.

07:00:29 This tree here is slated to be removed.

07:00:33 Unfortunately, back when the original PDA was looked at and

07:00:39 approved, there was the old urban forester here.

07:00:45 That is one of the trees that he negotiated and agreed to

07:00:47 let go at that time and then they were going to save some

07:00:51 other trees, which they have.

07:00:53 So because it was approved to be removed on the original PD

07:00:56 we felt that we just have to go along with that.

07:01:00 But this again may be a tree than could be there for a

07:01:04 number of years before they actually develop in that area.

07:01:07 >> But they have already got -- they already had the waiver

07:01:10 to remove it?

07:01:11 >> Yes, from the original PD.

07:01:14 And that would have been back --

07:01:16 >> But that's not one of the four?

07:01:18 >> That's included as one of the four now.

07:01:29 We take one down.

07:01:31 This would be four.

07:01:33 Now we are down to three.

07:01:34 Now, I do want to show because I worked with the university

07:01:36 building codes and they do a great job.

07:01:38 This is one of the trees they are saving.

07:01:40 And this is going to be over south of here, there's

07:01:44 something, and it's a very nice tree.

07:01:47 So they are saving some trees.

07:01:54 This is the third tree.

07:01:55 >> Are these all live oak?

07:02:00 >> All of them are Laurel, all of them but one.

07:02:04 This is live oak.

07:02:05 As you can see through the pictures on the bottom, it's a

07:02:08 very compact, very harsh site.

07:02:11 I have some pictures.

07:02:18 I have actually seen this tree a couple of years ago and I

07:02:23 was ready to pull the tree for removal then because it

07:02:25 looked really bad.

07:02:26 It subsequently flushed out, looks better, but some of the

07:02:29 things we were looking at, the canopy, there is certainly

07:02:35 die-back in the canopy, and the other thing is shoot growth,

07:02:39 a good indication of health.

07:02:41 And in this case, we just went through a growing flush, so

07:02:46 we should see pretty good growth on that tree, from zero to

07:02:51 maybe three inch inches of growth, sporadic throughout the

07:02:54 tree, so it just indicates that the tree is in decline.

07:02:57 It's not a thriving healthy tree.

07:03:01 So we kind of agree that this one might be a candidate for

07:03:04 removal.

07:03:04 >> So are we down to 2001 now?

07:03:09 >> I'm going to go ahead and show you this one.

07:03:11 This one is kind of a no-brainer for us.

07:03:14 This is a Laurel oak.

07:03:17 Let me start with that. It looks like a pretty sizable

07:03:22 tree.

07:03:22 One thing I do want to point out -- and I think I have a

07:03:26 better picture of this down here.

07:03:28 This is the base of the tree.

07:03:29 If you look around you have all this sugar sand.

07:03:32 That's an indication that we have got something lurking

07:03:35 underground on the root system.

07:03:36 I have a little area here that shows decay in the tree.

07:03:40 And then this is the main area where all the limbs come out.

07:03:46 I have decay here.

07:03:48 I have bad attachments here.

07:03:49 And didn't have any problems with okaying this tree for

07:03:54 removal.

07:03:55 Now we are down to the last grand tree.

07:03:58 But before I go there, I would like to show you another

07:04:01 picture of a tree that they are saving.

07:04:07 And this tree here, it's hard to see.

07:04:10 It's really one of the nicer trees out there.

07:04:13 They did actually apply for a variance to remove that tree

07:04:17 and they were denied variance.

07:04:18 So this tree is being preserved.

07:04:20 And this is one of the trees that was traded on the original

07:04:24 PD for the one being removed down the street for this one to

07:04:26 be saved.

07:04:27 So that's the reasoning the urban forester used at that

07:04:32 time.

07:04:32 Now, here is the last tree that they are proposing to

07:04:35 remove.

07:04:38 And I will show you the overall canopy first.

07:04:55 This is the tree asked to be removed, a live oak.

07:04:59 They are probably 34, 36 inches each.

07:05:03 A couple of things that I wanted you to note, this one that

07:05:05 comes out, they don't gone up.

07:05:07 They come out and go flat over the street.

07:05:10 This one comes out and goes flat over the street because

07:05:14 it's bending back and dominating them.

07:05:18 That's the overall canopy.

07:05:19 As we move down to the base of the tree, I have got a large

07:05:23 anchor here.

07:05:24 This is very important to the structure of the tree, and I

07:05:28 have decay showing up on the top of the root.

07:05:42 I took this root.

07:05:44 We don't have that there.

07:05:45 That goes straight into the ground so we do not have a root.

07:05:49 That would be an indication of a major problem.

07:05:51 And then, finally, this is where all three stems come

07:05:59 together.

07:05:59 You have one here, one here, and one here.

07:06:02 And if you notice, there's a little problem right here.

07:06:04 You can see they had cut a huge limb off.

07:06:09 Somebody cut a huge limb many, many years ago.

07:06:12 We have a little area there.

07:06:13 And I just want to focus in a little more on that.

07:06:17 That's the area, you can see where the cracks are.

07:06:21 It's a pretty good indication, this is really low on the

07:06:23 tree by the ground, and we have a good possibility of decay

07:06:27 in than area with a lot of weight.

07:06:30 Just looking at the rest of the tree, be I think once they

07:06:48 start anything to invite people around that tree I think

07:06:56 they are taking a serious risk of catastrophic failure.

07:07:04 And certainly in the Hillsborough County area, he did quite

07:07:13 an outstanding job on the report.

07:07:16 We reviewed the trees, as everybody said, we worked very

07:07:19 hard through our office.

07:07:21 As much as we hate to see grand trees come down, I think in

07:07:24 this case, they are doing the best they can and the trees

07:07:27 they are saving are the best, and the ones that are coming

07:07:29 down, except for the one in the street, is larger.

07:07:33 >> Great.

07:07:36 Thank you very much.

07:07:36 Councilman Capin, did you have a question?

07:07:40 >>LISA MONTELIONE: I just have one little question.

07:07:44 You have to give Richard Bailey a shoutout.

07:07:47 I haven't seen him in years.

07:07:49 Richard, hi.

07:07:51 You told me a long time ago -- and I don't recall -- but

07:07:55 what is the general life span of a live oak?

07:07:58 And you will have to come to the microphone, Richard, to

07:08:01 answer the question.

07:08:03 It's been that long.

07:08:05 I didn't even recognize you, Richard.

07:08:07 >> Richard Bailey with protection forestry and I am sworn

07:08:10 in.

07:08:11 Yes, Councilman Montelione, gad to see you.

07:08:14 Thank you.

07:08:21 In general, we say 120 year range to 150 years. It's kind

07:08:24 of hard to say, dependent upon the conditions that they are

07:08:27 grown under.

07:08:28 >> So 150 to --

07:08:33 >> 100 to 150 years.

07:08:35 >> That's a wide range.

07:08:36 >> And it's much more desirable than the Laurel oaks.

07:08:39 Laurel oaks which are in the ha to 65 year range.

07:08:42 >> I remember one was a lot longer than the other but I

07:08:46 couldn't remember which.

07:08:47 How old do you think these trees are, Richard?

07:08:49 >> Unfortunately, I am not able to estimate ages of trees by

07:08:54 looking at their sizes because the growth rate is so

07:08:58 variable.

07:08:59 So there's no way for me to know for sure.

07:09:01 >> You have to cut it down to see?

07:09:06 >> And count the rings.

07:09:07 >> After they removed them then maybe we can tell how old

07:09:13 they were.

07:09:15 So let's hope that after they are removed that, you know,

07:09:18 somebody can reclaim the wood and make some very cool

07:09:21 furniture out of it.

07:09:22 >>MARY MULHERN: And plant some more.

07:09:27 The students should plant some.

07:09:30 Thank you.

07:09:30 >>LISA MONTELIONE: Thank you, Richard.

07:09:32 >>MARY MULHERN: Any other questions?

07:09:45 Petitioner? Does anyone have any other questions?

07:09:47 >> I will sum up on the tree questions.

07:09:49 The trees are very important to the university's campus and

07:09:52 the university's intentions.

07:09:53 And if you read the notes very carefully that we agreed in

07:09:55 working with the staff, that we would like to reserve the

07:09:58 right to remove up to five trees based on the overall --

07:10:06 campus.

07:10:06 We will protect as many trees and certainly replace those

07:10:09 trees with more than what the code requires.

07:10:12 So we respectfully request your consideration this evening

07:10:16 for both the vacating of the right-of-way and the rezoning

07:10:20 of the current campus and the additional properties and hope

07:10:25 to move things along in the near future with some of the

07:10:28 components within the area.

07:10:29 Thank you.

07:10:29 >>MARY MULHERN: Thank you.

07:10:36 >>YVONNE CAPIN: I kept looking at the trees and the second

07:10:38 to last of them that is being saved.

07:10:40 Those branches were way overhanging.

07:10:45 With the hurricanes we had, I hope that the University of

07:10:48 Tampa is very diligent about pruning those trees.

07:10:52 They can be killers.

07:10:54 Thank you.

07:10:54 >>HARRY COHEN: Move to close the public hearing.

07:11:04 I believe they have to be closed separately.

07:11:06 Item 4 first on one motion and separately.

07:11:09 >>MARTIN SHELBY: You can close both but each one has to be

07:11:12 moved individually.

07:11:14 Cohen cone I move to close the public hearing on items 4 and

07:11:17 5.

07:11:18 >> Second.

07:11:18 >>MARY MULHERN: All in favor?

07:11:22 >>HARRY COHEN: Item 4 is the ordinance that the clerk has.

07:11:31 I move an ordinance vacating, closing, discontinuing and

07:11:34 abandoning a certain right-of-way, portions of Gilchrist

07:11:39 Avenue, New Port Avenue, Edison Avenue, and alleyway located

07:11:43 north of West Kennedy Boulevard, west of North Boulevard,

07:11:46 south of vacated north B street and east of the CSX railroad

07:11:51 right-of-way in Collings addition, in Tampa, Hillsborough

07:11:57 County Florida, the same being more fully described in

07:12:00 section 2 hereof, subject to certain easements, covenants,

07:12:03 conditions and restrictions as more particularly described

07:12:07 herein providing an effective date.

07:12:07 >> Second.

07:12:10 >>CHAIRMAN: Motion made by Councilman Cohen, seconded by

07:12:13 Councilman Suarez.

07:12:21 Voting and recording?

07:12:22 All in favor?

07:12:23 Anyone opposed?

07:12:24 >>THE CLERK: Motion carried with Miranda being absent.

07:12:28 Second reading and adoption will be on September 22nd at

07:12:31 9:30 a.m.

07:12:32 >>MARY MULHERN: Item number 5.

07:12:38 >>LISA MONTELIONE: Move to close.

07:12:45 Oh, it's already closed.

07:12:46 >>MARY MULHERN: Councilman Cohen, could you read item

07:12:52 number 5?

07:12:53 >>HARRY COHEN: I move an ordinance being presented for

07:12:55 first reading consideration.

07:12:56 An ordinance rezoning property in the general vicinity of

07:13:00 401 West Kennedy Boulevard in the city of Tampa, Florida and

07:13:04 more particularly described in section 1 from zoning

07:13:07 district classification PDA planned development alternative,

07:13:12 CG commercial general, CI commercial intensive, and RM-24

07:13:17 residential multifamily, to PDA, planned development

07:13:20 alternative, college university private, providing an

07:13:24 effective date.

07:13:24 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

07:13:29 by councilwoman Capin.

07:13:31 All in favor?

07:13:33 Anyone opposed?

07:13:33 >>THE CLERK: Motion carried with Miranda being absent.

07:13:37 Second reading and adoption will be on September 22nd at

07:13:40 93:06 a.m.

07:13:41 >>LISA MONTELIONE: My New Tampa boys are here.

07:13:47 >>MARY MULHERN: We have more athletes?

07:13:50 >>LISA MONTELIONE: Yes.

07:13:51 If chair Miranda is watching, you know, I wish he was here

07:13:55 tonight, because baseball is the subject of the evening.

07:13:59 >> We had the ladies from the softball team.

07:14:05 >>LISA MONTELIONE: Come in, boys.

07:15:00 Is everybody in?

07:15:05 The New Tampa little league baseball team had quite an

07:15:09 amazing season this year.

07:15:10 It started off last month when they swept the sectionals

07:15:14 tournament in Haines city and advanced to the state

07:15:16 championship in the following weekend.

07:15:19 These extraordinary young men were able to bring the state

07:15:23 championship back to Tampa.

07:15:25 The team later went to Warner Robbins, Georgia where they

07:15:28 competed in the U.S. southeast regional tournament to get a

07:15:31 shot at going to the little league World Series in

07:15:35 Williamsburg, Pennsylvania, and boy did they get close.

07:15:40 Another team took that title home.

07:15:41 It is the journey these young men will remember and learn

07:15:44 from, taking these lessons and carrying them forward to many

07:15:48 successes in the future.

07:15:49 These young men worked so hard to get so far, and we just

07:15:52 want to take a moment to honor their dedication to this

07:15:56 sport and the great sportsmanship they showed on and off the

07:16:01 field.

07:16:02 We are so proud that they represented all of us at this

07:16:06 tournament.

07:16:07 Thank you, gentlemen, and to your families for coming out

07:16:10 this evening to join us for this commendation ceremony.

07:16:16 Okay.

07:16:17 [ Applause ]

07:16:18 As I recall your names, please step forward and receive your

07:16:24 commendation.

07:16:25 Tahilia.

07:16:34 People get my name wrong all the time.

07:16:37 Jonathan bowman?

07:16:40 He's not here.

07:16:41 Coach, take that back to him, please.

07:16:44 And clay CORINGRATO.

07:16:52 And Conor Grady who is not with us.

07:16:56 Coach will be delivering that as well.

07:16:59 Aaron Guiang.

07:17:02 And Jeffrey Guttentag.

07:17:10 Henry Javier.

07:17:16 Oh, you are here.

07:17:16 Coling Hayes.

07:17:27 Brice Martin.

07:17:28 He's not here.

07:17:30 There we go.

07:17:31 Spencer McKay.

07:17:35 There you are.

07:17:37 Eddie Thinger.

07:17:40 Congratulations.

07:17:44 Ethan Thomas is not here.

07:17:47 There we go, another one for you, coach.

07:17:49 He's going to hang them all in his office, I'm sure.

07:17:53 David Chohunki.

07:18:00 Thanks for helping me out.

07:18:02 The manager, Andy.

07:18:10 Assistant manager Ed Thinger.

07:18:14 Ed, there we go.

07:18:15 Thank you, sir.

07:18:16 And assistant coach Charlie Javier.

07:18:21 Now, come on up here.

07:18:24 Let me read what each one of these says.

07:18:27 The Tampa City Council recognizes your outstanding

07:18:29 performance and participation with the New Tampa little

07:18:32 league baseball team this season.

07:18:34 We are proud that you represented our great City of Tampa

07:18:37 during the Florida State championship and U.S. southeast

07:18:39 regional tournament.

07:18:41 On this 3rd day September 8th, 2011 it is with great

07:18:45 pleasure that the Tampa City Council presents to you and

07:18:47 your team this commendation honoring your exceptional

07:18:50 achievements and success.

07:18:54 Thank you.

07:18:55 [ Applause ]

07:19:00 I do have somebody total number of say that these gentlemen

07:19:02 have lots of patience.

07:19:03 They have done an outstanding job with these gentlemen.

07:19:07 Having a son that has been playing sports most of his young

07:19:10 adult life, it's dedication that parents and their coaches

07:19:15 really sometimes go unappreciated.

07:19:18 So thank you for spending the time with our youth and thanks

07:19:21 for all you do.

07:19:22 Would you like to say a few words?

07:19:24 >> I would like to thank the City Council and City of Tampa

07:19:27 for welcoming us here today.

07:19:30 I would like to thank the parents and the boys for enjoying

07:19:34 about two months of hard work, and it was a good journey.

07:19:38 It was a fun ride.

07:19:40 And I really want to thank my assistant coaches for all

07:19:43 their work and supporting us.

07:19:47 And again thanks for having us today.

07:19:52 [ Applause ]

07:19:53 >> Let me get out of the way here.

07:20:06 >>MARY MULHERN: Congratulations.

07:20:41 I hope you will come back here when you get to pick your

07:20:44 professional sports teams.

07:20:45 Come back and play for the Rays.

07:20:47 We'll be needing you.

07:21:00 Item number 6.

07:21:09 >> Thank you, council, and members of the audience for

07:21:13 sticking with us, indulging that moment there.

07:21:15 >>ABBYE FEELEY: The next item on your agenda is located at

07:21:36 3411 east Busch Boulevard.

07:21:39 Z 11-33.

07:21:42 The request this evening is from CG commercial general and

07:21:44 RS-60 residential single-family to PD planned development,

07:21:48 restaurant, drive-in window.

07:21:50 Many of you will know this property as the Busch Gardens

07:21:54 McDonald's.

07:21:58 This McDonald's was virtually built back in the 60s.

07:22:07 I have that in my prior notes.

07:22:10 This drive-in window was approved prior to drive-in windows

07:22:13 being special uses in the city and that's one of the reasons

07:22:16 why it's back before you tonight.

07:22:18 It also has a land use on the property with an R-10 in the

07:22:23 back, and the CMU 35 in the front.

07:22:30 I will turn it over to Mr. Garcia and then complete my

07:22:33 presentation.

07:22:37 >>TONY GARCIA: Planning Commission staff.

07:22:38 I have been sworn in.

07:22:40 So this particular site is located in the university

07:22:45 planning district which is still one of the three districts

07:22:47 that we have identified in the comp plan as being one of the

07:22:51 three districts for opportunities for economic development

07:22:54 and job creation.

07:22:56 It's located on Busch Boulevard, as Ms. Feeley has stated to

07:23:00 you through the land use categories.

07:23:03 You can see this as a split use designation, residential 10

07:23:07 to the south, CMU 35 to the north.

07:23:10 This is heavy industrial over here.

07:23:11 This is urban mixed using 60 which is Busch Gardens itself.

07:23:14 I will show you an aerial to give you some better context.

07:23:19 So there's Busch Gardens, and of course here is Busch

07:23:21 Boulevard, on the south side of Busch Boulevard in this

07:23:25 particular area as you go east of 30th street there's

07:23:27 just a wonderful cornucopia of fast food eating

07:23:32 establishments.

07:23:33 The IHOP, Dunkin' Donuts, Mickey Ds.

07:23:39 We will refer to it as Mickey Ds.

07:23:42 There's a wonderful variety of places.

07:23:43 If you go down a little further, past 40th street, about

07:23:52 a mile.

07:23:52 But, anyway, Busch Boulevard is one of your major arterial

07:23:55 roads, commercial thoroughfare, entirely in Hillsborough

07:23:59 County.

07:24:00 One.

07:24:00 Few arterials that actually goes not just through the City

07:24:03 of Tampa but in Hillsborough County and to the south, of

07:24:06 course, you have an established south residential presence.

07:24:09 But as Ms. Feeley stated to you, this McDonald has been

07:24:12 around for a very long time.

07:24:15 They will be reconfiguring the site to provide more

07:24:18 functionality of the site, and should it provide more

07:24:24 efficient service to the consumers for this particular

07:24:27 organization.

07:24:27 Planning Commission staff found the proposed request

07:24:29 consistent with the comprehensive plan.

07:24:31 Thank you.

07:24:31 >>ABBYE FEELEY: The so the request before you this

07:24:45 evening -- thank you.

07:24:49 The request before you this evening is to demolish obviously

07:24:52 the existing structure and to rebuild a 5,182 square foot

07:24:57 building with a double drive-through lane.

07:25:01 I think you have seen many of this going on as the one at

07:25:05 Spruce and Dale Mabry.

07:25:06 There are several locations than -- throughout the city that

07:25:09 have been experiencing this redevelopment of these

07:25:10 establishments.

07:25:12 The building setbacks are requested as follows.

07:25:15 North 49.57 feet.

07:25:17 South 104.5 feet.

07:25:19 West 61.9 feet.

07:25:21 And east 1010th 2.6 feet.

07:25:24 The proposed request requires 37 parking spaces, and 44 are

07:25:27 being provided.

07:25:29 Which consist of 28 standard, 14 compact and two ADA.

07:25:35 Also they have provided elevations that are attached to the

07:25:40 site plan.

07:25:46 I will go ahead and show you the zoning atlas.

07:25:50 The property is shown here in green.

07:25:51 It is a split zoning.

07:25:53 You will see CG to the top of that red line.

07:25:56 The RS-60 is what is behind that red line.

07:26:00 Huge PD to the north of course is Busch Gardens.

07:26:03 Believe it or not both PDs located on the sides of this

07:26:07 property are part of the Busch Gardens PD.

07:26:16 Here is the site in its current configuration.

07:26:21 As you can see, there is access both on 34th and on

07:26:25 north, full access, also full access on Busch Boulevard

07:26:29 which is an FDOT roadway.

07:26:32 The request before you this evening contains a waiver to

07:26:35 allow for these full access points to remain.

07:26:49 This has been remodeled, I think, twice, but it was

07:26:52 originally constructed in 1979.

07:27:00 These are views from Busch Boulevard.

07:27:05 This is the property immediately to the east, which is part

07:27:11 of the Busch Gardens PD.

07:27:15 This is a view from the McDonald's looking to the east.

07:27:27 And the IHOP Tony mentioned.

07:27:29 This is looking east on Busch.

07:27:32 Here is looking to the north.

07:27:35 This is at the back of the property.

07:27:39 The southeast corner looking northwest back up toward Busch

07:27:44 Boulevard.

07:27:47 This is at the southwest portion of the property looking

07:27:50 northeast.

07:27:55 This is one of the residential homes immediately to the

07:27:57 south.

07:28:01 This is another.

07:28:02 This is looking back west to the existing drive-through.

07:28:14 This is on the west side of the property looking back toward

07:28:16 the east.

07:28:23 And this is the existing eastern facade of the structure.

07:28:31 This is the back of that car wash property.

07:28:34 I just wanted to show that they had the wall and their

07:28:37 retention was located in that southern portion of their lot

07:28:40 on your site plans.

07:28:43 You can see this is somewhat what is being proposed for the

07:28:46 McDonald's location as well.

07:28:48 The back half which is that R-10 future land use designation

07:28:52 will have retention and the wall as well in that location.

07:29:02 A couple of the waivers that are being requested, the first

07:29:06 is to reduce the required vehicle use area buffer along

07:29:09 Busch from 8-foot to 4.5 feet, a total of 415 square feet,

07:29:16 to be paid fee in lieu.

07:29:18 This partially has to do with pushing the building up in

07:29:22 order to keep the drive-through operations out of the R-0

07:29:25 land use in the south side of the property.

07:29:27 The second is to allow for reduction in the one-way drive

07:29:31 aisle width from 18 feet to 16 feet.

07:29:34 This is for a small portion of the parking area located

07:29:37 adjacent to Busch Boulevard.

07:29:39 The third is to allow commercial access to a local street,

07:29:43 both north 34th street and north whit, and to allow for

07:29:49 the retention of the free standing sign.

07:29:52 As I mentioned, the request, there are just a few minor

07:29:56 modifications.

07:29:57 One is the tree table.

07:30:01 The other is given the number of canopy trees that are being

07:30:04 requested for removal, Mary had requested that larger

07:30:08 specimen trees be planted, and what we did, Mary Daniel

07:30:14 Bryson -- sorry -- we met with the applicant.

07:30:17 She met with the applicant this week, and a note which is on

07:30:19 your revision sheet states that at least 20% of the required

07:30:23 replacement trees will be a minimum of 4-inch caliper.

07:30:27 They don't have a lot of planting along this site so we will

07:30:30 be using larger specimen trees is probably going to work out

07:30:33 for them as well and provide us with some decent canopy.

07:30:37 And the other modification is just to add that one waiver

07:30:43 for the reduction of the drive aisle in that one portion.

07:30:46 There's one standing objection from transportation that's

07:30:49 related to the access to local streets, both 34th and

07:30:52 Wick.

07:30:58 Pursuant to solid waste there's definitely an in on 34th and

07:31:02 out on Wick. That would be required.

07:31:04 The applicant is requesting full access which is what is

07:31:07 existing out there today.

07:31:08 Transportation is available should you have any questions

07:31:12 related to that.

07:31:16 I believe that's it.

07:31:17 >>MARY MULHERN: Abbye, could I ask -- I'm looking at the

07:31:28 revision sheet.

07:31:30 Am I reading this correctly?

07:31:35 It says for the tree table, well, it says there's one for

07:31:42 five to seven-inch tree being removed.

07:31:46 This makes the required trees to be 54 two-inch trees?

07:31:54 >> Yes.

07:31:54 They are going to be required based on what they would be

07:31:56 removing and based on their new vehicle use area

07:32:01 requiring --

07:32:03 >> How many trees are they removing?

07:32:05 >>ABBYE FEELEY: 38.

07:32:08 >>MARY MULHERN: Wow.

07:32:16 It's weird because I looked at all those pictures of the

07:32:18 site.

07:32:19 And I didn't notice any trees.

07:32:21 >>ABBYE FEELEY: Yeah, actually there are.

07:32:25 I can go back.

07:32:26 >>MARY MULHERN: I can see it from the overhead.

07:32:30 Okay.

07:32:38 With.

07:32:38 >>ABBYE FEELEY: The total number being removed are four

07:32:41 trees.

07:32:41 And the total number being retained are eight trees.

07:32:44 But when you do it out by the multiplier of their size, it

07:32:49 comes to 38.

07:32:54 Once you are you add that one back in, it will be 38 for

07:32:57 removal.

07:32:58 38 inches and 16 inches retained.

07:33:02 So they are going to have a total of 54 required.

07:33:06 54 two-inch trees.

07:33:09 >> How many are they removing?

07:33:14 >>ABBYE FEELEY: If you will look, it's the table -- you'll

07:33:17 see it's four, the number removed.

07:33:29 Number retained, eight.

07:33:32 The other thing is when you have a redevelopment, and what

07:33:34 you are removing was required trees from the first

07:33:37 development, you have entryway, you don't get to multiply it

07:33:44 out every time you keep redeveloping a site.

07:33:47 So if these were required plantings and they are taking them

07:33:49 out, they own inch for inch instead of at the multiplier

07:33:53 rate.

07:33:53 >>MARY MULHERN: I'll pretend I understand it.

07:33:59 >>ABBYE FEELEY: Okay.

07:34:07 You also get retired -- required trees for linear feet of

07:34:11 vehicle use area and one per 1500 square feet of vehicle use

07:34:15 area and you will see the site has a lot of vehicle use area

07:34:18 on it.

07:34:18 So they do generate the requirement of a lot of trees.

07:34:22 >> Okay.

07:34:25 >> I'm with the squire group and I have been sworn.

07:34:39 I am very pleased to present to you our request from

07:34:42 McDonald's corporation to redevelop the Busch McDonald for

07:34:46 the new building and site to continue the operation as a

07:34:49 McDonald's.

07:34:51 Now, the new restaurant will incorporate the new design.

07:34:56 In case you all are not visiting McDonald's the way you

07:34:59 should, on the top, this is going to be facing north

07:35:07 34th.

07:35:08 On the bottom this will be the side that faces the south

07:35:13 residential part of the property.

07:35:28 This is the view from Wick, the east side.

07:35:31 This is the side facing Busch.

07:35:42 McDonald has been operating by the Kasper company since it

07:35:47 opened.

07:35:47 They have been there for a very, very long time.

07:35:50 The Kasper company has been in the community for over 50

07:35:54 years.

07:35:55 They have 15 restaurants, distribution center, and employ

07:35:58 over 3200 people.

07:36:00 The site has split zoning, which keeps us on our toes, and I

07:36:05 have drawn a little heavier the line of where we worked very

07:36:09 hard to develop the commercial access to the north, and in

07:36:13 the previous site, you could pull -- this is the wall on the

07:36:18 property line.

07:36:18 Could you pull in and park right up to the wall.

07:36:21 And we are backing that up and adding a retention area.

07:36:24 And backing up the park being so we have created a new

07:36:27 buffer that is about 31.5 feet bringing it away from the

07:36:31 residents.

07:36:31 They seem to be very happy with that.

07:36:34 Because we pushed it to the front, it did trying area

07:36:38 request for the reduction.

07:36:41 But if you look at the lovely landscape plan.

07:36:45 Right now the building sits right up on this corner right at

07:36:51 wick.

07:36:52 When you back the building up we'll get better traffic but

07:36:56 have I know the concern is to make Busch look attractive so

07:37:01 we tried to compensate for that in the corner landscaping

07:37:03 that doesn't exist now.

07:37:06 So what we would be able to do is someone would be able to

07:37:09 enter the property, and now because the drive-through is on

07:37:14 the south side, cars would come into the side, and get

07:37:18 backed up very, very quickly, and it's backing out onto 3

07:37:24 quite a bit.

07:37:25 So with the new double drive-through you can service the

07:37:27 people a lot better, you can get people a little bit of

07:37:31 extra time, that time that they need, and we will see much

07:37:36 better traffic circulation so they can come and order

07:37:40 through each window, and then this would be how they came

07:37:43 through the pickup.

07:37:43 Once again you can see that we have really emphasized the

07:37:46 landscaping and enhancing this buffer to the rear, where the

07:37:51 residents are located.

07:37:57 The repositioning of the buildings is going to be very, very

07:38:00 important.

07:38:04 It realigns the parking from right now the ordering, order

07:38:09 boxes are back in here.

07:38:10 This is a new order station, and this is a new order

07:38:13 station, and we even had the ordering on the east side of

07:38:17 the building where you have commercial zoning on the other

07:38:20 side of you.

07:38:21 So the new rear building setback line would be 104.5 feet

07:38:27 and there would be the 31.5-foot buffer and now is about 5

07:38:30 feet.

07:38:31 The rear masonry wall would still remain.

07:38:34 The wall is not a level height.

07:38:43 If the wall is lower than six feet we are going to level

07:38:46 that out with the renovation as well.

07:38:48 I don't know why it's uneven.

07:38:50 It could be because of grade change or built around tree

07:38:54 limbs or something that are no longer that low.

07:38:56 The site is served by three access points, north 34th on

07:39:00 Busch and on wick.

07:39:02 We are requesting all three of those access points.

07:39:08 When you came in and you exited here, that means that you

07:39:11 are going to be driving, our neighbors, our customers, onto

07:39:15 Busch Boulevard every time they want to come to

07:39:18 McDonald's.

07:39:19 So we think that is very important.

07:39:23 We had a traffic study done that did not show any

07:39:27 significant change, but we went to the police department,

07:39:29 and we talked to them, and we pulled traffic accident

07:39:32 reports, and they gave us traffic accident reports from

07:39:36 January 1st, 2010 through July 15th, 2011.

07:39:41 There's been no accidents on 34th.

07:39:43 There have been four accidents at the intersection of wick

07:39:48 and Busch.

07:39:49 And all four of those accidents are where people were nosing

07:39:55 out to try to pull out, but with the building being right on

07:39:57 the corner, it makes the visibility everybody difficult, and

07:40:02 that is why you have the four accidents that happened there.

07:40:05 So the police said that the side roads not being used as

07:40:10 cut-through streets, and so what we think these access

07:40:14 points are very important.

07:40:15 We do not line up with any residential property.

07:40:18 We have the car wash over here, which is zoned PD, and we

07:40:22 have the vacant PD land on then side, and of course we have

07:40:27 Busch here.

07:40:28 So we don't line up with any of the residential properties.

07:40:33 We have been there for a very, very long time.

07:40:36 But I do think that it would be wrong for the residents, at

07:40:41 least two doors back behind us, to have to go up on Busch

07:40:44 every time they want to go to the McDonald.

07:40:47 They would kind of grab something on their way home.

07:40:51 The third waiver request we had was to allow the existing

07:40:54 pylon signs that are there today to remain, and although the

07:40:59 McDonald was there for a very, very long time, we have been

07:41:03 working with the neighbors since March.

07:41:05 I have had the privilege of meeting the residents in the

07:41:08 Temple Crest neighborhood association, and their board

07:41:12 president Linda Hewitt has been very generous with her time.

07:41:16 We started out with them very early on before we finalized

07:41:19 the plan trying to bring them along and show them what our

07:41:22 thoughts were.

07:41:23 We have gotten very good input from the neighbors, got very

07:41:26 good questions, and we started way in advance trying to give

07:41:31 people the opportunity to meet not only with Temple Crest

07:41:34 neighborhood association, but if they wanted to meet one on

07:41:36 one, especially the residents that live right behind the

07:41:40 property, those houses are very close to the wall.

07:41:43 We sat down with them.

07:41:45 We met with them.

07:41:46 They very much like the idea of having all that pushed back,

07:41:51 were very happy with that.

07:41:52 And one of them, her father is now in assisted living and

07:42:00 keeping that is very important.

07:42:02 So we have been very happy that we have been able to come to

07:42:04 agreement with our neighbors.

07:42:05 They have asked very good questions.

07:42:06 But the bottom line is that we are known.

07:42:10 It's not new to them.

07:42:12 We would like to still be there.

07:42:13 We would like to be there with a $3 million new site.

07:42:17 It would be a scrape and rebuild so it would be a building,

07:42:22 new building standard, new plumbing, new electric, the new

07:42:25 lighting, and it would represent the very best that

07:42:30 McDonald's has right now.

07:42:32 We think it would give a good impression for people coming

07:42:34 in and going to Busch Gardens.

07:42:36 We think of that also our customers who are dealing with bad

07:42:39 circulation now an opportunity to have a much easier grid to

07:42:43 McDonald's.

07:42:45 We have the development team here if you have any questions.

07:42:47 We'll be happy to answer for you.

07:42:49 >> Thank you.

07:42:57 Two questions.

07:42:57 One, do you have people from the neighborhood to be employed

07:43:03 at McDonald's?

07:43:04 >> You know what?

07:43:06 I know that the residents in the housing have worked there.

07:43:08 It was their first job.

07:43:10 But we can get someone to answer that question for you.

07:43:21 Christ, just for the purposes of the record obviously what

07:43:23 you are looking at is you are looking at the site plan.

07:43:25 >>FRANK REDDICK: All right.

07:43:29 >>MARTIN SHELBY: Just for the record, make it clear that

07:43:33 your decision is based on --

07:43:35 >>FRANK REDDICK: Correct.

07:43:36 And I'm just raising that question because I am going to be

07:43:40 meeting with the neighborhood association on Monday.

07:43:42 And I don't want them -- if I raise that question, and their

07:43:49 collaboration with you, and hope we get some progress, and

07:43:52 that's the reason why I am asking that question.

07:43:54 I will be glad to hear that they seem to be very supportive

07:43:57 of this project.

07:43:59 So I hope I will hear those same response when I meet with

07:44:02 them on Monday, from what you have told us here tonight.

07:44:06 That's the reason I raise that.

07:44:07 >>LISA MONTELIONE: Petitioner knows this is in my

07:44:17 neighborhood.

07:44:18 It's just maybe a quarter mile from this location.

07:44:21 Were you ever able to be in contact with anyone from the

07:44:23 Terrace Park neighborhood association?

07:44:27 >> We made several attempts and we got nothing.

07:44:31 >> Okay.

07:44:36 Since I am no longer president there, I didn't know if you

07:44:38 were able to make contact.

07:44:40 They do have a meeting on Tuesday.

07:44:41 >> We contacted the city a number of times if they could

07:44:46 give us any new direction with the neighborhood.

07:44:49 Department.

07:44:49 I know that they have reached out several times as well, and

07:44:55 they were not given any feedback.

07:44:56 >> Well, they are having on Tuesday the 13th, and I will

07:45:00 be at that meeting.

07:45:03 So I am not allowed to talk about this at the meeting.

07:45:09 >> You aren't allowed to hear it either.

07:45:11 >> Before they are not allowed --

07:45:15 >>MARTIN SHELBY: You are not.

07:45:15 >>LISA MONTELIONE: When I go to the meeting, yeah. I just

07:45:19 want you to know that you have an opportunity, if you wanted

07:45:22 to reach out, that I know they are having a meeting.

07:45:27 And I can give you the gentleman's contact information.

07:45:32 Is that appropriate?

07:45:33 >>MARTIN SHELBY: Probably not.

07:45:36 >>LISA MONTELIONE: Okay, never mind.

07:45:39 I can't give you his contact information.

07:45:41 Okay.

07:45:43 And this is, as you did mention that the beautification of

07:45:49 Busch Boulevard has been a topic of conversation from those

07:45:56 entities that are forming, the innovation alliance at USF,

07:46:00 USF, Busch Gardens, and university community hospital, and a

07:46:05 concern is the presence and the look of Busch, Fowler, and

07:46:12 Fletcher avenues.

07:46:14 So I'm glad to see the landscaping going in because that

07:46:20 will be a nice addition to what is there now.

07:46:24 Yes, ma'am?

07:46:24 >>JULIA COLE: Legal department.

07:46:26 I hate to interrupt the train of thought, but I have a

07:46:28 little concern, because I am being told by staff that the

07:46:31 landscape plan that was shown has not been shown to staff,

07:46:35 nor has it been made part of the site plan approval here,

07:46:38 and it may be what their plan is, but I wanted to be very

07:46:42 clear that there's nothing at this point in time with staff,

07:46:45 with the site plan approval, that would bind them to this

07:46:49 particular plan.

07:46:50 It may be that this plan is just showing what they would be

07:46:54 otherwise required to do by our code and by the site plan.

07:46:59 But we don't nobody that.

07:47:00 And Abbye cannot opine to that without ever having seen the

07:47:04 landscape plan.

07:47:05 I want to make that very clear as part of the record.

07:47:08 >> So it is a rendering.

07:47:14 >> It apparently is a rendering but Scott can't opine

07:47:18 whether or not it's something required by code or whether it

07:47:21 is over and above what would be required by code.

07:47:22 >>LISA MONTELIONE: Got it.

07:47:25 As you see on the site plan, there are a couple of areas

07:47:27 that look to be planting boxes along here.

07:47:32 On the site plan, there are areas that appear to be areas

07:47:35 that would normally be planted with some kind of

07:47:39 landscaping.

07:47:41 Hopefully that's not going to just be filled with rocks.

07:47:46 But be that as it may.

07:47:48 And they have got 52-inch trees, they'll put it somewhere.

07:47:56 And this is just -- I have not been, I'm sorry, to a new

07:48:02 McDonald's so I have not seen what it looks like in

07:48:04 person.

07:48:08 I am not sure where the new McDonald's prototype has been

07:48:11 put in the area.

07:48:17 Is the elevation that you showed -- -- I know it's very

07:48:29 nice.

07:48:29 But is that the color, the colored scheme as represented

07:48:34 there?

07:48:35 And I just bring that up because this big red barn next door

07:48:38 is a big red barn that's apparently going to have this wall.

07:48:46 So when Abbye showed the pictures of the car wash next door,

07:48:50 it's going to be a big wall of red.

07:48:54 >>

07:48:55 There's nothing I can do about it.

07:48:57 >> I don't think I would really call this red.

07:48:59 >> Brick.

07:48:59 >> This is more of a muted color pattern that they are going

07:49:03 with.

07:49:06 The muted color has been very well received.

07:49:10 >> I'm sure it has. It just has the unfortunate placement

07:49:13 to be next to this big red barn car wash.

07:49:16 That's just an unfortunate --

07:49:17 >> Well, that's even more reason why we can get this one

07:49:21 changed so that you can experience the new prototype.

07:49:24 >> There are options.

07:49:33 I have seen it.

07:49:34 There are options.

07:49:35 >>MARY MULHERN: Councilwoman Capin.

07:49:40 >>YVONNE CAPIN: (off microphone) the ingress and egress on

07:49:51 wick on 3th are existing now.

07:49:56 >> Correct.

07:49:59 >>YVONNE CAPIN: You are asking to keep those?

07:50:00 >> Correct.

07:50:02 >>YVONNE CAPIN: Thank you.

07:50:02 >>MARY MULHERN: I have a question for petitioner.

07:50:14 And I also need to -- I think I need to divulge, did you

07:50:17 give, Mr. Shelby, did you give your also speech about if you

07:50:22 have had any ex parte communications?

07:50:24 Okay.

07:50:24 I had a meeting with -- there was a meeting on my calendar

07:50:31 that my aide had made for me and it just said McDonald so I

07:50:36 showed up at the meeting, and it was with the team to talk

07:50:40 about this rezoning.

07:50:42 So I would never have scheduled, or she wouldn't have

07:50:45 scheduled that meeting had I known it was about this

07:50:48 rezoning.

07:50:51 I feel that I need to have say that, Mr. Shelby, your

07:50:56 advice.

07:50:56 >> But it was before the petition.

07:51:03 >>MARY MULHERN: Excuse me. I have the floor and I'm asking

07:51:05 Mr. Shelby.

07:51:06 >>MARTIN SHELBY: My understanding is with regards to some

07:51:10 of the meetings before they actually filed the petition.

07:51:16 If that's the case, then -- thank you for that disclosure.

07:51:22 I guess just for the sake of the record, if other council

07:51:26 members had meetings prior to the filing, just so we are

07:51:29 clear?

07:51:31 >> Yes.

07:51:31 >> Yes.

07:51:32 >>LISA MONTELIONE: If I may.

07:51:36 It's my understanding, this isn't the first -- I don't want

07:51:39 people in the public to think that you are the only

07:51:41 petitioner that council has ever met with prior to your

07:51:45 applying for a rezoning.

07:51:49 I have been here since April, and there have been a few

07:51:51 developments that have come in prior to their making

07:51:55 application and have met with us.

07:51:57 So I don't want anybody to think that McDonald's is doing

07:51:59 something that is outside the realm of normalcy.

07:52:04 >>MARTIN SHELBY: Sure.

07:52:05 And if I can for the for the purposes of the record, my

07:52:08 understanding is within regard to these meetings, they also

07:52:12 met before the filing.

07:52:13 And in that case, it would not technically be ex parte

07:52:17 communications.

07:52:18 >>MARY MULHERN: Thank you. I needed a reminder.

07:52:20 But normally if it has potential for rezoning, don't meet

07:52:27 with people.

07:52:28 But my question before you is I would like the color -- I

07:52:42 don't have any problem with personally the idea that you

07:52:47 can't enter, you know, depending on what we hear from the

07:52:51 neighbors, say you have to enter on Busch Boulevard.

07:52:57 My concern about this is how close the building is to Busch

07:53:02 Boulevard.

07:53:07 And that was going to be my question for you.

07:53:09 I can see -- I guess what is the distance from the street

07:53:20 from the curb to wherever your buffer, your wall, or

07:53:27 whatever it is starts, gate, fence on Busch?

07:53:34 I can see this 4.6.

07:53:37 Is that the sidewalk on the site plan?

07:53:41 >> I'm trying to find the 4.6.

07:53:44 Oh, the 4.6 is between the sidewalk and -- the 4.6, yes,

07:54:01 would represent the landscape area.

07:54:02 >>MARY MULHERN: So is that continuous?

07:54:06 Because it just looks -- other than the drive-way on either

07:54:13 side, is that -- and what is in that landscape area?

07:54:17 >> If I could show you the rendering.

07:54:20 >>MARY MULHERN: Yes, you showed us that and then we heard

07:54:24 than wasn't --

07:54:26 >> Well, I think it would visually set color-wise where the

07:54:31 area of landscaping would be, and that it is continuous.

07:54:34 >>MARY MULHERN: And so as you go from that landscape buffer

07:54:38 to the street, what's that distance?

07:54:40 >> Landscape buffer to the street?

07:54:46 Well, you go from the landscape buffer to the sidewalk.

07:54:49 >>MARY MULHERN: Right.

07:54:51 So what's the width of the sidewalk?

07:54:57 >> Five feet.

07:55:00 Width of the sidewalk is five feet.

07:55:01 >> We have a five-foot sidewalk and then, bam, that's the

07:55:04 road.

07:55:06 >> Right.

07:55:06 >> There is no buffer, no berm or anything.

07:55:08 Okay.

07:55:09 That's my problem.

07:55:12 You are clearing this site.

07:55:13 You are putting this, you know, wonderful buffer at the back

07:55:16 of the property.

07:55:17 So where we have Busch Boulevard and the really fast traffic

07:55:25 on that road, we just have this sidewalk, and then you are

07:55:32 basically in the street.

07:55:32 So considering that this is all new, you are putting this

07:55:35 in, I think it would have been safer and more attractive --

07:55:44 Abbye, do you want to answer this? So I wish that you would

07:55:51 have done that, and I think, you know, whatever the plans

07:55:55 are going forward to try to make that stretch of Busch and

07:56:00 Fowler, Fletcher, and all those more attractive.

07:56:03 You also need to make them safer.

07:56:07 And that's what I would have liked to see.

07:56:09 So I guess I want to hear from you.

07:56:14 >> If I can interject for a moment.

07:56:17 We have a little bit of an issue on this property because

07:56:19 there is a split land use, okay?

07:56:22 So the front is CMU 5 which is your more intensive and the

07:56:25 back is an R-10.

07:56:27 And the R-10 we can't even have part of the drive-in window

07:56:31 functioning back there, so we had to shift everything up.

07:56:35 And you will see, it's a very, very fine line, and our

07:56:39 engineer Mr. About BOLLARD and I spent a long, long time on

07:56:47 that.

07:56:55 With that dashed line there, you will see how that

07:56:58 drive-through comes around.

07:56:59 Now, our drive-through requirements require 154 feet of

07:57:03 queuing from the menu board back so in order to get

07:57:06 everything we needed functioning up above that line and

07:57:10 still provide site circulation, that's where the building

07:57:16 had to be placed.

07:57:17 Now the current location of the building is way up here.

07:57:19 >> And based on this exact area for the building, it had to

07:57:27 be this size?

07:57:29 Couldn't it stretch this way and you would have more room?

07:57:33 I mean, this is a big site.

07:57:34 A lot of concrete.

07:57:38 And great buffering in the back.

07:57:41 >> That's because of the R-10.

07:57:45 >>MARY MULHERN: Well, I understand.

07:57:48 >>ABBYE FEELEY: That part of that.

07:57:49 That was the only place to accommodate that and still

07:57:53 provide the site circulation on the CMU 5 portion of the

07:57:56 site.

07:57:57 That was -- CMU 35 portion of this site.

07:58:01 >> But is that because this portion of McDonald had to be

07:58:04 exactly this size and shape?

07:58:06 I mean, why couldn't you have it be longer this way, and add

07:58:16 a foot or two on the front so you could maybe have a little

07:58:21 more wider sidewalk or greater distance from the street?

07:58:25 >> Well, if I can just clarify.

07:58:28 The sidewalk isn't in the public right-of-way.

07:58:29 That is not on their private property.

07:58:31 These adjacent to their property.

07:58:33 All the sidewalk function is in the public right-of-way, not

07:58:35 on theirs.

07:58:36 The close to five foot buffer is on their property.

07:58:39 That's where that starts in.

07:58:41 That has to do with the Busch right-of-way which is a D.O.T.

07:58:44 right-of-way, not us.

07:58:45 >>MARY MULHERN: So we can't even ask for that?

07:59:00 Can't a petitioner actually give us some space for the

07:59:03 sidewalk in addition to the covered right-of-way?

07:59:07 >> The way your code is drafted for sidewalks is the

07:59:13 sidewalk needs to be placed within the public right-of-way,

07:59:15 up to the standard width, minimum width required understood

07:59:19 our technical standards.

07:59:21 >>MARY MULHERN: Are you talking about our minimum code

07:59:24 requires?

07:59:24 I'm asking.

07:59:28 >>JULIA COLE: Just to continue forward, then the question

07:59:30 becomes the application in front of you, can you seek

07:59:33 something over and above our code requirement as a condition

07:59:36 of approval, and that gets me into that question of whether

07:59:39 or not there's a nexus between what this actually is, this

07:59:45 actual application for this McDonald, and what it is you are

07:59:49 requesting.

07:59:51 You can ask if this applicant would be willing to go ahead

07:59:54 and have been a larger sidewalk and put on.

07:59:57 They would need to give the city an easement for the

07:59:59 purposes of that sidewalk, and you would be asking them to

08:00:03 give up a level of property with the approval of this

08:00:09 particular project.

08:00:10 At this point, you have a minimum standard.

08:00:12 You have to find that this project generated enough traffic

08:00:14 to require that additional requirement.

08:00:18 >>MARY MULHERN: All right, you expressed yourself.

08:00:20 And I am not asking for anything.

08:00:22 I'm asking the petitioner if they considered these things

08:00:27 especially since I suggested them.

08:00:31 And apparently not.

08:00:32 But I would like to hear from you again.

08:00:34 And I know it was awhile ago so I don't exactly remember

08:00:37 why.

08:00:41 But I guess that's my question.

08:00:42 Do you have -- this is your -- this is your new building.

08:00:46 This is how big it has to be.

08:00:47 The size of the building and the little drive-through.

08:00:51 And on this site, of -- I understand about the split zoning.

08:00:58 But talking about, you know, feet.

08:01:01 I know we can't require you to do anything.

08:01:04 I'm just wondering if that was something that could have --

08:01:09 was or could have been considered.

08:01:10 >> We have been working on this site plan for a very long,

08:01:15 long time.

08:01:15 I started meeting with the neighbors back in March and

08:01:18 April.

08:01:19 So there has been -- and I will tell you, staff has worked

08:01:25 with us greatly.

08:01:27 There have been a number, number of changes in trying to get

08:01:31 to this point.

08:01:32 So we feel that we have accomplished a lot of the tasks at

08:01:36 hand.

08:01:37 I do have a concern of what is exiting, kind of taking a

08:01:43 look at it.

08:01:43 >>MARY MULHERN: That's right.

08:01:57 >> So this is what is existing today.

08:02:04 So what we are asking is the ability to Lee reinvest and

08:02:11 bring this building up to the new McDonald's standards and

08:02:14 all the new codes.

08:02:16 And it does set the building back off of the right on top of

08:02:20 that corner.

08:02:21 We actually think that we have tried to take into

08:02:24 consideration the desire to want to enhance and beautify

08:02:29 Busch and we tried to demonstrate areas on the plan and we

08:02:34 thought we could do that.

08:02:37 The area, it's narrowed down.

08:02:40 But the new site gives much greater functionality to the

08:02:46 property.

08:02:49 And right now we have people backing up onto 34th and

08:02:52 that's not a good thing.

08:02:55 Be.

08:02:55 >>MARY MULHERN: Okay.

08:02:56 And I think what you are doing, you are doing some -- looks

08:02:59 like you are doing some good landscaping on the corners, and

08:03:02 that could be better.

08:03:04 But --

08:03:05 >> We are adding the sidewalks up and down wick and 34th

08:03:11 for the length of the property.

08:03:12 Now you have a full sidewalk that runs down wick, on the

08:03:16 opposite side of the street.

08:03:17 This will represent the first sidewalk going in on north

08:03:20 34th.

08:03:21 So there is sidewalk going there outside of the wall.

08:03:25 I think that trying to do, take into account the larger

08:03:30 canopy trees, and some of the sizing and what have you, I

08:03:34 will be quite honest, I think that staff has been very good

08:03:38 to work with.

08:03:38 We think that we have presented a good property given all

08:03:43 the rules and regulations we are trying to deal with.

08:03:46 >>MARY MULHERN: Thank you.

08:03:49 Councilman Montelione.

08:03:50 >>LISA MONTELIONE: I just want to say one thing.

08:03:52 This goes back to something that I said, I think at our last

08:03:56 land use meeting when we were talking about a different area

08:03:58 of the neighborhood, and the protections that overlays give.

08:04:03 And we were talk that night about the Westshore overlay.

08:04:06 And we don't have a community plan, we don't have

08:04:09 architectural guidelines, we don't have an overlay district,

08:04:13 and we have to rely on applicants when they are developing,

08:04:17 redeveloping, to do the best that they can within the

08:04:24 boundaries that they have to work with.

08:04:26 And I do think, you know, that improving that site,

08:04:30 improving it with a new McDonald's is going to be great.

08:04:32 It's a beautiful building, barring the big red wall, but

08:04:41 it's really part of, again, the innovation allowances as

08:04:46 part of their mission is to improve these areas, and

08:04:50 probably in the next few years we'll see some overlay or

08:04:53 some design guidelines for the area as that moves forward.

08:04:57 But in the meantime, we are just subject to whatever is

08:05:01 brought forward, and I wish there were design guidelines and

08:05:06 overlay in the area because I agree with what you are

08:05:08 saying.

08:05:09 When you watch people cross Busch Boulevard to get to the

08:05:13 McDonald's, because I have to say this McDonald's is

08:05:16 packed every day of the week, every time of day.

08:05:19 And 2:00 in the morning you will see a line of cars lined up

08:05:24 at McDonald's.

08:05:25 And especially with HALLO scream, and there's no light, no

08:05:40 protection for pedestrians there, and it's not anything they

08:05:43 can, you know, address.

08:05:49 Unfortunately the sidewalk, we can't ask them to put it on

08:05:54 private property.

08:05:55 They would have to grant us an easement.

08:05:56 It gets very complicated.

08:05:58 >>MARY MULHERN: We can ask.

08:05:59 We can ask.

08:06:00 And I would like to have been see -- I'm not saying in this

08:06:06 particular case, but I'm saying if we are going to be

08:06:10 tearing down buildings, building new buildings, that's an

08:06:15 opportunity to make our sidewalk wider.

08:06:18 If this is a problem with our code, then we need to look at

08:06:21 it.

08:06:21 And I understand -- I'm not asking this petitioner to do

08:06:28 anything.

08:06:29 I'm pointing out that when our staff is working we've

08:06:40 petitioners, we should be looking at how we can redevelop

08:06:43 this city so that our sidewalks and our streets are safer.

08:06:46 >>MARTIN SHELBY: If I can, just a concern that I have, is

08:06:57 that even if you ask, and they willingly agree, if there is

08:07:04 no nexus between what you are asking and what they are

08:07:07 agreeing, and it in effect impacts their private property

08:07:10 rights, even if it goes through a process, they can still

08:07:15 challenge it --

08:07:16 >>MARY MULHERN: Mr. Shelby, I have repeatedly stated that I

08:07:19 am not asking this petitioner for anything, and I understand

08:07:22 that.

08:07:24 I am speaking to our staff, and I'm done, and I think that

08:07:31 we need to --

08:07:32 >> if I could offer a correction.

08:07:34 >>MARY MULHERN: Yes.

08:07:35 >> The sidewalk is actually six feet ride.

08:07:39 >>MARY MULHERN: Oh, good.

08:07:40 >> With a two foot curb.

08:07:43 >> Is it any wider -- will it be any wider than it was?

08:07:49 >> It is a D.O.T. sidewalk.

08:07:51 >>MARY MULHERN: Okay.

08:07:53 Okay.

08:07:53 Thank you.

08:07:57 Is there anyone from the public?

08:07:59 And you will have your opportunity for rebuttal.

08:08:01 Is there anyone from the public who wishes to speak on this?

08:08:08 It doesn't look like there is anyone.

08:08:10 So if you have anything further, council has any more

08:08:16 questions for the petitioner, for staff.

08:08:19 >> Is this open 24 hours?

08:08:27 >> We always say it's not but we assume that it is because

08:08:32 the trend is to go 24 hours.

08:08:34 >>LISA MONTELIONE: Move to close.

08:08:38 >> Second.

08:08:39 >>MARY MULHERN: All in favor?

08:08:50 What's the pleasure of council?

08:08:51 >> I would like to move an ordinance on first reading,

08:08:57 rezoning property in the general vicinity of 34 1 east

08:09:04 blurb Boulevard in the city of Tampa, Florida and more

08:09:06 particularly described in section 1 from zoning district

08:09:10 classification CG commercial general and RS-60 residential

08:09:13 single-family to PD planned development, restaurant, with

08:09:16 drive-in window, providing an effective date.

08:09:18 >> Second.

08:09:19 >>MARY MULHERN: Motion made by Councilman Suarez, seconded

08:09:27 by Councilman Montelione.

08:09:29 All in favor?

08:09:31 Anyone opposed?

08:09:32 >>THE CLERK: Motion carried with Miranda being ab sent.

08:09:37 Second reading and adoption will be on September 22nd at

08:09:42 9:30 a.m.

08:09:43 >>MARY MULHERN: Item number 7.

08:09:46 >>ABBYE FEELEY: Land Development Coordination.

08:09:59 Item number 7 is case V-1-171 located at 3005, 3007, and

08:10:07 3009 East Ellicott Street and 3008, 3012, 3014 and 3016 east

08:10:17 Louisiana.

08:10:17 This is a place of religious assembly before you tonight to

08:10:20 request an addition for the construction of a fellowship

08:10:23 hall.

08:10:24 This is an existing place of religious assembly that's

08:10:27 seeking tonight for the request of a fellowship hall.

08:10:32 I'll defer to Mr. Garcia and then finish my presentation.

08:10:38 >>TONY GARCIA: Planning Commission staff.

08:10:39 I have been sworn.

08:10:46 The proposed request is located within the central planning

08:10:50 district for the City of Tampa.

08:10:52 Again has the opportunity for economic expansion and job

08:10:58 creation.

08:11:00 The land use categories for the proposed site or for the

08:11:04 subject site, rather, is residential 10 which does allow for

08:11:07 community serving uses such as the one that's before you

08:11:11 presently.

08:11:12 This is an existing use that is part of the fabric of the

08:11:15 community and has been part of the fabric of the community

08:11:17 for quite a few years now.

08:11:19 The request is for an expansion of the existing use for

08:11:22 purposes of religious assembly.

08:11:24 As you can see, it is quite residential in character, and as

08:11:28 I have already stated this is an existing operation and is

08:11:31 part of the fabric of the community.

08:11:32 Planning Commission staff found the proposed request

08:11:34 consistent with the comprehensive plan.

08:11:35 Thank you.

08:11:44 >>ABBYE FEELEY: Thank you, Tony.

08:11:56 Ellicott to the north.

08:11:57 Louisiana to the south.

08:11:58 30th to the west.

08:12:01 The property is located here in green.

08:12:04 Everything to the east of 30th is RS-50.

08:12:10 On the other side is predominantly industrial general.

08:12:14 All of these -- and you have a couple RS-50s that are in

08:12:19 that area, but it's predominantly zoning on the west side of

08:12:23 30th is industrial general.

08:12:25 On the east side is RS-50.

08:12:30 Here is an aerial of the site.

08:12:37 As Tony mentioned, the church portion was originally

08:12:40 constructed in 1960s.

08:12:46 This is the existing sanctuary.

08:12:52 And this is standing on Ellicott looking south.

08:12:57 So I am going to move east on Ellicott.

08:13:01 This is the continuation of that building.

08:13:05 There is a fence.

08:13:08 This is a vacant piece of property.

08:13:12 Single-family residential.

08:13:15 This is the north side of Ellicott moving east.

08:13:23 There is another church building in that area, still the

08:13:26 north side.

08:13:30 This is the northwest corner.

08:13:31 There's a barbershop.

08:13:33 There's an auto salvage.

08:13:35 That's 32 feet on your aerial site.

08:13:41 This is moving down 30th going south on 30th.

08:13:47 The existing sanctuary.

08:13:48 This is the new portion of the property, the vacant portion

08:13:52 of the property, which will be improved to include parking

08:13:55 and the fellowship hall as shown on your site plan.

08:13:58 This is standing at 30th looking east.

08:14:05 This is from the south side of the property, Louisiana

08:14:08 looking north, back toward the existing sanctuary.

08:14:11 This is inside the fence.

08:14:21 The existing place of religious assembly has 14,000 square

08:14:25 feet.

08:14:25 The request before you this evening, to allow for a

08:14:28 fellowship hall in the amount of 12,533 square feet.

08:14:34 The expansion exceeds the amount of square footage so we

08:14:37 could approve administratively for a special use.

08:14:41 That is one of the reasons it is back before you this

08:14:43 evening.

08:14:44 Special use was granted on this property back in 2003.

08:14:48 And there are a couple waivers associated.

08:14:55 As you know, at a place of religious assembly, the front

08:14:58 yard falls to the underlining zoning which in RS-50 is 20

08:15:02 feet, so that first waiver is for reduction from 20 feet to

08:15:07 15.3 feet to the north, and that's to the existing

08:15:12 sanctuary.

08:15:13 And 40 feet to 20 feet on the west.

08:15:17 That is also for the existing structure.

08:15:19 The second waiver is to reduce the required setback for the

08:15:27 new building from 20 feet to 8 feet on the south, and from

08:15:30 40 feet to 30.1 feet on the north.

08:15:35 The last three waivers are to allow access to a local

08:15:38 street, east Ellicott and east Louisiana, to allow the

08:15:42 existing sign located, and I showed you a picture of that to

08:15:46 remain, and the last is to allow for grass parking.

08:15:49 Our code requires that 50% of parking is paved and the

08:15:52 remaining 50% is durable surface such as turf block and

08:15:58 river rock.

08:15:59 The request this evening is to allow for grass parking as

08:16:02 depicted on your site plan.

08:16:05 There are a couple modifications that need to be made.

08:16:09 They are from myself this evening, and they are just a

08:16:13 couple notations on the site plan.

08:16:15 The first is to remove note number 1.

08:16:18 The second is to clearly label all walls and fences.

08:16:22 There's a six-foot masonry wall along the north and east of

08:16:25 the property beginning on lot 17 and traveling east.

08:16:27 There's a metal fence along the portion of the eastern

08:16:30 boundary.

08:16:33 Also there's some question marks on the site plan as to the

08:16:36 proposed special use.

08:16:37 I would like that listed as place of religious assembly with

08:16:43 school and daycare, and to add the following note that the

08:16:46 new development, the fellowship hall will comply with the

08:16:48 East Tampa mixed use overlay district at the time of

08:16:51 permitting.

08:16:52 Fellowship hall construction permit requires review and

08:16:55 approval birth urban design coordinator.

08:16:59 A portion of this property sidewalk is located on their

08:17:02 property.

08:17:04 Transportation is requesting that a maintenance easement

08:17:06 agreement be taken care of at the time of permitting.

08:17:09 But that notation does not need to be added.

08:17:13 There is no notation that follows.

08:17:16 I provided for you the general special use standards on page

08:17:19 3 and 4, and the specific special use standard for place of

08:17:22 religious assembly on page 5 of my staff report.

08:17:26 Staff finds this consistent if the modifications are made

08:17:30 between first and second reading.

08:17:38 You have.

08:17:38 >> pat seamy, Tampa, Florida.

08:17:42 And I have been sworn.

08:17:43 This evening representing the New Hope Missionary Baptist

08:17:47 church, just so you know the people that are near

08:17:50 attendance, I don't believe there's anyone in opposition,

08:17:53 but those, if you would kindly from the church please stand

08:17:57 and acknowledge your support of the petition at this time.

08:18:02 For the record, everyone here is in support.

08:18:09 Thank you very much.

08:18:12 Just to give you a brief synopsis and brief history, as we

08:18:17 proceed, as Ms. Feeley has stated earlier, for the Elmo, I

08:18:28 want to put it like this.

08:18:30 But this was in 2003, a 20,000 square foot proposed

08:18:36 fellowship hall.

08:18:38 As you know, if you were not able to execute within two

08:18:41 years, your variance rezonings, special use must come back

08:18:47 to City Council.

08:18:48 So we weren't in a position at that time and were unable at

08:18:54 that time to proceed with the 20,000 square feet.

08:18:57 So now we are in the position to move forward.

08:19:01 We have since modified our site plan pp using about 8,000

08:19:07 square feet.

08:19:07 If you notice the '03 plan shows the large tree here to be

08:19:11 removed.

08:19:15 And as we have gone through this process we have saved the

08:19:18 two trees that have been requested by Parks Department, and

08:19:23 our revised site plan.

08:19:35 It will show that covers the two trees in the rear.

08:19:38 The two trees here and over here, which we have shifted our

08:19:43 building and are retaining those trees.

08:19:47 Of course, you know, so the city and the church, new hope,

08:19:53 we have worked vigorously with staff, and the church add to

08:19:58 the city, we are consistent within the City of Tampa codes

08:20:04 and criteria, and with the Planning Commission.

08:20:08 Just to give you a few pictures here -- and I do have one of

08:20:11 the deacons just for time purposes, not to have everyone

08:20:14 speak, but I do have brother deacon Stan Smith and brother

08:20:20 Ron Gardner, one of the two point men for the church, as

08:20:23 deacons have been very, very advantageous to work for.

08:20:37 Let me millions give you this overview.

08:20:39 Again as Ms. Feeley stated, this is the existing sanctuary.

08:20:42 This is east Ellicott.

08:20:44 This is north 30th street.

08:20:45 And this is east Louisiana.

08:20:47 And brother Stan, brother Gardner and I have gone to the

08:20:51 adjacent neighbors be, and they have signed, and I would

08:20:55 like to file for the record this, the following statement

08:20:59 signed by the adjacent neighbors, and some of the

08:21:01 parishioners here at the church.

08:21:03 This letter is to state that I fully support the New Hope

08:21:05 Missionary Baptist church fellowship hall project.

08:21:08 New Hope has been a pillar in the community since 1964 and

08:21:11 has been a blessing to the people since then.

08:21:13 We appreciate them working with the City of Tampa to act

08:21:16 date new codes and criteria. They will be protecting trees,

08:21:19 putting the dumpster enclosure in the rear of the proposed

08:21:22 building.

08:21:22 We fully support their petition.

08:21:24 If I may approach.

08:21:37 And let me briefly show you some photos, if I may.

08:21:51 Just so you have an idea or two of what will be the proposed

08:21:54 structure and to show that new hope has gone out to beautify

08:21:57 the building and make it, you know, a pillar of not only a

08:22:02 fellowship hall, youth center and Bible study and those

08:22:05 things related to the church, but also keeping with

08:22:09 architectural and beautification of East Tampa.

08:22:22 As Ms. Feeley stated, this is the front of the church on

08:22:26 East Ellicott.

08:22:27 This will be the rear, as see, the steeple here, the rear of

08:22:31 the church, and this is Louisiana right here.

08:22:34 Obviously 30th is right there are.

08:22:37 And then this is going to be the proposed -- you will see

08:22:40 the large tree that we are keeping.

08:22:42 And then we have also, just so you can see it, the other

08:22:47 tree back in here.

08:22:48 Both of these trees, we are retaining.

08:22:50 We have worked with Dave Riley and will be working along

08:22:53 with him, also, throughout the construction process.

08:22:59 One final photo.

08:23:06 Here is new hope again celebrating 61 years.

08:23:09 And of course the reverend Dr. TW Jenkins, pastor is unable

08:23:17 to make it but deacon Stan Smith is in attendance, you have

08:23:21 deacon Ron Gardner and deacon Norman also here and you have

08:23:24 other deacons, elders, trustees and members of the church.

08:23:28 I would like, if you have any questions, I would like

08:23:31 brother Stan Smith to say a few words, and would be happy to

08:23:35 answer any questions.

08:23:35 >>FRANK REDDICK: You have agreed to meet all the

08:23:46 modifications that have been mentioned?

08:23:49 You agreed to that?

08:23:50 >> Yes, sir.

08:23:51 >>FRANK REDDICK: Okay.

08:23:52 And let me -- I know you have been working on this project

08:23:55 for a long, long time.

08:23:56 >> Yes, sir.

08:23:57 >>FRANK REDDICK: And the church has been trying to get this

08:23:59 done a long, long time.

08:24:01 I am aware of that.

08:24:03 But let me just say, for this many members to be here

08:24:09 tonight, when you have your pastor's banquet tomorrow night,

08:24:15 and he's celebrating his anniversary, this is very, very

08:24:18 impressive.

08:24:19 And so I think he has to be proud of you.

08:24:26 I just want to say that.

08:24:27 >> We appreciate that.

08:24:28 >>MARY MULHERN: And we are happy to hear from brother Smith

08:24:35 if you like.

08:24:36 But --

08:24:42 >> Members of the council, in the name of our Lord and

08:24:45 savior Jesus Christ and the New Hope Missionary Baptist

08:24:48 church family, small contingency is here tonight.

08:24:52 We are very excited to see that finally, if you can believe

08:24:58 after eleven years, we are on the precipice of building this

08:25:01 facility.

08:25:04 It's one that we will use for both our membership, and

08:25:07 outreach to the community.

08:25:09 We like to think that we are a light house of the community,

08:25:13 and we have an ongoing outreach opportunity always for our

08:25:17 neighbors.

08:25:18 So we just thank you so much for your hearing us, and

08:25:22 helping us to move this project along.

08:25:24 We are very excited.

08:25:26 And hopefully in the very, very near future we will be

08:25:30 breaking ground on this multi-purpose facility.

08:25:33 I thank you.

08:25:34 >>MARY MULHERN: Mr. Smith, can you give your full name?

08:25:37 >> My name is Stanley R. Smith, 10302 Charlamar Wood Drive,

08:25:43 Thonotosassa, Florida 33592.

08:25:46 >>MARY MULHERN: Thank you very much.

08:25:51 Is there anyone from the public who wishes to speak on this?

08:25:54 >> Move to close.

08:26:00 >> Second.

08:26:01 >>MARY MULHERN: All in favor?

08:26:04 >>FRANK REDDICK: Thank you, Madam Chair.

08:26:08 I present an ordinance being presented for the first reading

08:26:11 consideration.

08:26:12 An ordinance approving a special using permit S-2 approving

08:26:17 place of religious assembly, daycare, and RS 50 residential

08:26:23 single-family zoning district in the general vicinity of

08:26:26 3005, 3007, and 3009 East Ellicott street and 3008, 3012,

08:26:34 3014 and 3016 east Louisiana street, in the city of Tampa,

08:26:37 Florida and as more particularly described in section 1

08:26:40 hereof, providing an effective date.

08:26:41 >>LISA MONTELIONE: Second.

08:26:46 >>FRANK REDDICK: And with the sheet dated 9-8-2011.

08:26:52 >>MARY MULHERN: Motion made by Councilman Reddick, seconded

08:26:59 by Councilwoman Capin.

08:27:01 All in favor?

08:27:02 Anyone opposed?

08:27:03 >>THE CLERK: Motion carried with Miranda being absent.

08:27:06 Second reading and adoption will be on September 22nd at

08:27:09 9:30 a.m.

08:27:11 >> Thank you very much, council.

08:27:13 God bless you.

08:27:13 >>ABBYE FEELEY: Land development.

08:27:59 I just gave you the last case for tonight and I see we have

08:28:03 a continued hearing in between.

08:28:04 So we need to get the other one first.

08:28:10 I need to go ahead and go over -- we'll do the continued

08:28:13 hearing.

08:28:13 >>MARY MULHERN: You gave us number 9 and we need to go back

08:28:22 to number 8.

08:28:23 >>ABBYE FEELEY: Yes.

08:28:26 So item number 8 is a continued public hearing from August

08:28:32 25th.

08:28:33 It's case V11-213.

08:28:47 And what I am going to do is, this is the daycare, proposed

08:29:02 daycare on Woodlawn Avenue.

08:29:04 It's located at 2315 Woodlawn.

08:29:08 At the first hearing, it was per council's direction that a

08:29:13 drop-off, pickup or circular driveway some way be

08:29:16 incorporated into the plan that was being proposed for an

08:29:20 adequate area for these students to be dropped off.

08:29:26 Transportation and tree and landscape and parks and

08:29:30 recreation came up -- met amongst themselves and came up

08:29:38 with the plan that is before you this evening.

08:29:41 And what I did was I provided -- I have it on this handout.

08:29:47 I am going to let Melanie talk to you about the three

08:29:49 options and how we got to the final option that was turned

08:29:54 in, as I was not party to those discussions.

08:30:04 What you see is the circular turn being provided.

08:30:07 What's in red are outstanding modifications that would be

08:30:09 need to be made to this proposed layout that are being

08:30:14 requested by the transportation division.

08:30:18 And I also provided their comments on the sheet as well.

08:30:26 And I believe Mr. Reilly is here from parks and recreation

08:30:29 as well to discuss parks and recreation's position on the

08:30:32 other alternatives and how I will refer to you Melanie to

08:30:39 kind of bring you up to speed on this final.

08:30:44 >> Melanie Calloway, transportation.

08:30:49 I have been sworn.

08:30:50 The day after the last council hearing, council had

08:30:53 requested, and we gave three alternatives, to landscape and

08:30:59 parks and recreation so they could both look at it first

08:31:02 before sending to petitioner.

08:31:04 We had three alternatives.

08:31:05 Alternative number 3 I will show you real quick.

08:31:10 This is the one that one of the council members had

08:31:14 suggested that we place.

08:31:19 However, parks was not happy with that.

08:31:21 They believed that this hurt the grand tree more.

08:31:27 So alternative 1 and 2 are very similar to each other within

08:31:30 the location of the ADA spaces.

08:31:39 This is the same turnaround.

08:31:41 They chose to do alternative 1 here.

08:31:45 The plan with the driveway right here.

08:31:54 Those were the three alternatives.

08:32:08 The third one is not compliant within the trees.

08:32:11 If you have more questions, the suggestion to us is it would

08:32:15 be too much impact on that grand tree.

08:32:17 Therefore we had the other alternatives.

08:32:18 >>MARY MULHERN: Ms. Calloway, can I ask you?

08:32:31 >> Sure.

08:32:33 >>MARY MULHERN: I remember this from the original hearing

08:32:35 that we continued, but I need a refresher on how there

08:32:42 became three alternatives.

08:32:43 Was that direction of council?

08:32:46 Or was that --

08:32:48 >> The direction of council was provide drop-off and pickup

08:32:56 and the suggestion was to allow it along the front part of

08:32:59 the property and continuing to the alley as alternative 3

08:33:02 shows.

08:33:03 This alternative.

08:33:05 But as I had explained at the last hearing, I was not sure

08:33:08 how that would impact the grand tree.

08:33:11 There's a big tree right here.

08:33:12 And I told you, I would have to have parks --

08:33:16 >>MARY MULHERN: Right, so this was the direction you got

08:33:18 from council, is alternative 3, and that's not workable

08:33:22 because of the grand tree?

08:33:24 >> That's correct.

08:33:24 >>MARY MULHERN: So where did the other two come from?

08:33:27 >> so we provided three different alternatives, because we

08:33:31 were looking at all different solutions for this property.

08:33:34 So number 1, as you can see, we had provided the drop-off on

08:33:38 the other side, on the east side of the property.

08:33:42 This would not impact the tree.

08:33:44 >> Here is what I am trying to understand.

08:33:47 These other two alternatives you are talking about, were

08:33:50 those from our direction, or were those what was originally

08:33:56 presented at the last hearing, or are those new?

08:34:01 >> Direction from council that there should be to drop off,

08:34:05 be one given by council, the other two we took upon

08:34:08 ourselves to make other alternatives for the petitioner

08:34:11 because number --

08:34:12 >>MARY MULHERN: Okay, those were your suggestions.

08:34:15 Thank you.

08:34:15 >>ABBYE FEELEY: Land development.

08:34:19 There's five grand trees on this site, if you will remember,

08:34:21 which prohibited us from using that alley on the site and

08:34:25 letting them just pull into spaces like we had done at

08:34:27 another daycare that we did.

08:34:31 But I think it was council's expressed concern that there

08:34:35 was not an appropriate drop-off and pick up and to go back

08:34:41 and work with some kind of alternatives for how that may be

08:34:45 achieved, and staff came down and we came up with three and

08:34:48 here we are with the ones that I guess was a go-go for

08:34:51 everybody.

08:34:51 >> Any other questions? Councilman Suarez?

08:34:57 >>CHAIRMAN: Ms. Feeley, can I ask a quick question, or maybe

08:35:01 Mrs. Calloway can tans question?

08:35:02 One of the issues prior was on Woodlawn we have the one

08:35:06 cut-in, which is where the median is, the first one, where

08:35:09 the alley is between the vacant lot and the home.

08:35:14 Where is that second cut-in at?

08:35:19 Because it's not shown on your site plan.

08:35:21 >> This is the alley not currently paved.

08:35:29 >> No, I'm asking, along Woodlawn Avenue, going east, where

08:35:38 is the other cut-in on the island?

08:35:42 >> It's at the intersection.

08:35:44 I believe it goes all the way.

08:35:45 >> It's further back?

08:35:51 >> Yes, it's further to the east.

08:35:53 >>MIKE SUAREZ: Do you know how far away it is from the

08:35:55 first apron cut-in there that you have and to the island

08:35:58 itself?

08:35:59 >> I don't have the exact measurement.

08:36:07 But --

08:36:09 >> I mean even an estimate.

08:36:11 Like a car length?

08:36:12 Is two car lengths, five car lengths?

08:36:19 It's pretty far, isn't it?

08:36:21 >> It's pretty far.

08:36:22 I have an arrow.

08:36:23 >> I know, the arrows --

08:36:26 >> The trees are kind of covering where it is.

08:36:28 So I believe it's in this location.

08:36:30 >> I just wanted to confirm, it's a pretty long way, that

08:36:34 turn-in.

08:36:36 >> Yes.

08:36:37 If they were traveling eastbound.

08:36:39 >> Well, my point is that if they came up Armenia onto

08:36:43 Woodlawn, if they were going north on Armenia, and then to

08:36:47 the right onto Woodlawn, and they would have to go quite a

08:36:51 bit around, to come around that island?

08:36:54 >> Yes.

08:36:54 They would have to make a U-turn, then come back into the

08:36:58 property.

08:36:59 You are exactly right.

08:36:59 >>MIKE SUAREZ: Thank you.

08:37:01 >>MARY MULHERN: Any other questions?

08:37:13 >>MIKE SUAREZ: One of the questions we had last time, Mrs.

08:37:15 Feeley, is about, you know, there was some discussion about

08:37:18 it being a daycare with 22 children.

08:37:23 The number of employees that was mentioned was two

08:37:26 employees.

08:37:27 Now, we know that that is not enough employees to handle 22

08:37:30 children.

08:37:31 The state will not allow that.

08:37:33 That's dependent on the ages.

08:37:35 If they are all older, it would be a different story.

08:37:38 But, you if you are talking daycare it's going to be a

08:37:41 little different.

08:37:42 Usually they are going to be younger, usually per every five

08:37:45 children, if I am correct here, it's like 10 or under or 5

08:37:51 and under, you need to have at least one person.

08:37:54 But the parking issue has not changed from the last site

08:37:57 plan.

08:37:57 Is that correct?

08:38:00 >> Correct.

08:38:00 >> And I think from the last site plan if my memory serves

08:38:04 me, there was three parking spots, correct?

08:38:10 And I don't know if this is something that we typically do,

08:38:13 but is there ever a question as to how you are going to

08:38:16 employ more than it would be people and have only now three

08:38:19 spaces to park?

08:38:20 >> Well, they say that they are only going to have two.

08:38:25 >> I understand that.

08:38:27 I just think that -- and maybe I am overstepping myself in

08:38:32 terms of common sense, is --

08:38:35 >> Usually we leave the licensing part and the ratios to the

08:38:39 state, because you can also, being the mom of a child who

08:38:43 just graduated out of daycare and is now in kindergarten,

08:38:49 you can have unlicensed facilities that would not have those

08:38:54 quotas.

08:38:55 So when someone comes into our office, we do tell them that

08:39:00 the space and the number of students and the outside area,

08:39:03 that's all dictated by their licensing in the state.

08:39:06 We can't control that.

08:39:08 You know, they have to meet with licensing and take care of

08:39:10 that.

08:39:12 And we have to go on good faith that they are taking care of

08:39:16 their facility of in that way.

08:39:17 >> Okay.

08:39:18 >> So if they are limited here to 2001 employees, if we were

08:39:24 to go out onto the site, and they could be in violation of

08:39:27 their special use, and then the special use could, you know,

08:39:31 be taken away if they are in violation of what is prescribed

08:39:36 on the site plan, because this is a site plan controlled

08:39:38 special use.

08:39:39 >> And I know that this is not usually an issue that's

08:39:43 brought up in terms of safety.

08:39:47 And knowing this neighborhood very well and knowing if you

08:39:51 are going to have 22 cars and maybe some issues with backup

08:39:54 and some other things, in a residential area, I'm just

08:39:58 curious as to, you know, I start thinking about 22 kids, two

08:40:02 people. I don't know about you, Mrs. Mrs. Feeley. I don't

08:40:07 think you are going to be dropping off your kid in there's

08:40:09 22 kids and only two people taking care of them.

08:40:12 At least I hope that's not the case. Anyway, you answered

08:40:15 my question.

08:40:16 Thank you, Ms. Feeley.

08:40:17 >> I am going to just follow on that.

08:40:22 I believe that we should know what the state requirements

08:40:25 are.

08:40:26 And I think it is ten children per one adult.

08:40:32 Is that right?

08:40:37 >>ABBYE FEELEY: I do believe in a large care facility,

08:40:39 children of a certain age, that it is -- it could be a ten

08:40:44 to one ratio, yes.

08:40:45 >>MARY MULHERN: I believe that's what it is, because, well,

08:40:49 unless it's changed.

08:40:52 My preschooler is in sixth grade now but that's what it was

08:40:56 when I was looking at preschools.

08:40:58 I think ten to one is what is the requirement.

08:41:06 I don't know.

08:41:07 We haven't heard from the petitioner.

08:41:08 >>MIKE SUAREZ: No, that's true.

08:41:12 And it is an age requirement.

08:41:15 There are, you know, if you have newborns or I believe up to

08:41:18 five, you have to have one per five children because

08:41:24 obviously you don't want small children not being attended

08:41:27 to, that kind of thing.

08:41:28 Now again, I am not going to be the expert on DCF

08:41:31 regulation, but that's my understanding.

08:41:33 >>MARY MULHERN: Burr you are allowed to use your common

08:41:36 sense, too.

08:41:36 Councilman Cohen.

08:41:37 >>HARRY COHEN: Just to follow up on that.

08:41:40 And I think actually this came up when we were talking about

08:41:43 this the last time.

08:41:45 One parent stops by to meet with somebody at the school.

08:41:48 They have no place to park.

08:41:50 I mean, if there's anybody at all visiting, visiting,

08:41:54 dropping anything off, there for any reason, there's no

08:41:57 parking under this scenario.

08:42:00 Correct?

08:42:00 >> With

08:42:15 The other one is the handicapped space.

08:42:17 So are we saying -- that's going to be the third space, the

08:42:21 handicapped space?

08:42:22 >> There are three spaces on the site.

08:42:29 I'm not sure if one of the employees might be handicapped,

08:42:32 might be parking in that spot.

08:42:33 I can't speak to that.

08:42:34 Whenever you provide one parking space in the City of Tampa,

08:42:37 your first space always has to be an ADA space.

08:42:40 >> I'm not-I'm not quibbling with the idea that there's an

08:42:46 ADA space but I don't see how we can count that as part of

08:42:50 the sufficient parking requirement.

08:42:53 I mean, I understand that's first.

08:42:55 But it seems like that's first and then you start counting.

08:42:58 >>MARY MULHERN: Perhaps a question for Mr. Shelby.

08:43:08 It's been a long day and a long week.

08:43:10 And I can't even -- this is a continued public hearing.

08:43:16 Where are we?

08:43:18 Are we going to hear from the public again and the

08:43:21 petitioner again? Do we hear from the petitioner and then

08:43:24 the public?

08:43:24 >>MARTIN SHELBY: My suggestion is you hear from the

08:43:27 petitioner, then hear from the public, and obviously this is

08:43:29 relatively to the -- relative to the changes that were done.

08:43:36 If they spoke previously, the people who do speak need to

08:43:40 speak to the reason for the continuance which is obviously

08:43:42 the traffic issue and the result that's been brought back.

08:43:45 So the answer is, it would be appropriate for the petitioner

08:43:47 to have an opportunity to speak and then hear from the

08:43:49 public, rebuttal, then council.

08:43:52 >>MARY MULHERN: Okay.

08:43:54 Can be we hear from petitioner? Or do you need to ask a

08:43:57 question?

08:44:01 >>LISA MONTELIONE: I need to ask a question.

08:44:03 Ms. Feeley?

08:44:09 The alley that we have there, is that alley used for

08:44:15 traffic?

08:44:16 Do cars travel on that road?

08:44:18 >> Yes, I believe so.

08:44:21 >>LISA MONTELIONE: Okay.

08:44:24 Is on-street parking allowed in this neighborhood?

08:44:32 I'm sorry, Mrs. Feeley has to respond.

08:44:34 >>ABBYE FEELEY: I do not believe there's any on-street

08:44:40 parking in this portion of the neighborhood.

08:44:43 >> Is that is correcting allowed in that alleyway?

08:44:46 I mean, it's not used for through traffic.

08:44:48 It's not a street.

08:44:52 If someone were to visit, or if there were employees over

08:44:56 and above the allowable, you know, not allowable parking but

08:45:00 over and above the number of parking spaces available, would

08:45:04 anybody be allowed to park in that alley?

08:45:07 >> Melanie Calloway, transportation.

08:45:09 The first thing, there's no designated spacings on Woodlawn.

08:45:14 However, people can stop and park, unless there is a

08:45:20 five-minute parking sign, which is parking code 15-43.

08:45:24 That sign will have to be placed in the yard stating that

08:45:27 there's a five-minute park being, that there's only

08:45:29 five-minute parking.

08:45:30 >> Well, I understand.

08:45:31 >> As long as they are not obstructing any type of emergency

08:45:38 vehicle, yes, that is allowed.

08:45:40 So about the alley again is public right-of-way.

08:45:44 But because the alley are only ten feet wide, and most of

08:45:49 our parking is between nine feet and average car width is

08:45:54 between four to six, it would obstruct the alley.

08:45:57 So you can't park in the alley because it would have not

08:46:01 allow people to traverse within the alley.

08:46:04 It would obstruct.

08:46:05 >> That's why I was asking if this alley is utilized, so if

08:46:11 nobody uses the alley, and it's sitting there empty, and

08:46:14 it's not used as a roadway, people don't use it to get to

08:46:19 like in many neighborhoods, the use of the alley is to get

08:46:22 to the back of their property, where their garage, or

08:46:27 something like that, if this alley is not utilized and

08:46:34 people confer conceivably park there, without obstructing

08:46:38 anything -- I mean, I know -- and this is one of things that

08:46:42 we are trying to address in our code revisions is that we

08:46:45 have a lot of these parking regulations, or we have got a

08:46:48 lot of these regulations that are common sense, as Mr.

08:46:53 Suarez says, sometimes common sense just doesn't come in to

08:46:57 play here, because of the codes that we have.

08:46:59 >> But this is public right-of-way.

08:47:02 We can't designate public right-of-way for a specific use.

08:47:06 So in this instance, this alley is not a street.

08:47:12 There are lots of alleys in the city that are not improved

08:47:15 but used.

08:47:17 By the a arrow, I can't tell you if there's other properties

08:47:19 using this alley, and if it's in any way obstructed, if

08:47:24 there's a tree canopy over the aerial.

08:47:26 The other part, the we tried to put parking space as long

08:47:31 that area, but the problem was that we have five grand

08:47:36 trees.

08:47:37 There's tons of trees here.

08:47:38 We wanted to put all the parking here, they could back out

08:47:41 into the alley.

08:47:43 But the problem is that there's a lot of trees right here,

08:47:46 and it was obstructing.

08:47:48 There was no way --

08:47:50 >>LISA MONTELIONE: The tree code is one of the other things

08:47:52 that we are looking at.

08:47:56 The tree canopy, I can see the first one in option 1, I

08:48:00 mean, it was just a slight edge of the tree canopy line, you

08:48:05 know, that prohibited option 1.

08:48:09 The tree canopy, to protected area, I should say, not canopy

08:48:14 but the protected area, a technical term, around the second

08:48:18 one, the 32-inch oak would cause, you know, would

08:48:24 prohibit -- the 30 and the 20, the protected area around the

08:48:30 30 and the 20, conceivably there could be parking -- well, a

08:48:37 little further north there.

08:48:39 There's a 30-inch and 20-inch here, also.

08:48:42 >>LISA MONTELIONE: But the protected area for those would

08:48:45 be a little bit further back, and there's a possibility that

08:48:48 a couple --

08:48:49 >> In this location are?

08:48:51 >> Even more towards the alley, yeah.

08:48:55 We can't use the alley.

08:48:56 >> They have to pave the alley, and that's a cost.

08:49:01 But just to know that is our requirement.

08:49:04 And if you access the alley, you do have to pave it.

08:49:07 >> I'm trying -- and this is what we did, what council did

08:49:11 the first time that this came before us senior to try to

08:49:14 find the balance between a couple of that is trying to have

08:49:17 a small business, and that's something that we want to have

08:49:21 in neighborhoods, is we want to have businesses that serve

08:49:24 the neighborhood, and having a daycare serve people in the

08:49:27 neighborhood, or people who work in the neighborhood.

08:49:31 And at the same time, we are trying to -- we have codes that

08:49:38 get in the way of us serving not only the business owner,

08:49:42 but serving the neighborhood in trying to find, you know, a

08:49:47 balance between those.

08:49:48 And I'm in a difficult ---we are all in a difficult spot

08:49:57 here because I want this to work.

08:49:59 You know, I would like to find a way for this to work.

08:50:01 >> Well, we tried our best to provide different alternatives

08:50:07 each time.

08:50:11 >> We studied this a lot, too.

08:50:20 Not as much as you, I know. Councilwoman Capin and then

08:50:24 Councilman Suarez.

08:50:48 >>YVONNE CAPIN: (off microphone).

08:50:51 >> This is the island.

08:50:54 There's a yellow stripe here.

08:50:55 This is the island.

08:50:57 Woodlawn is funny because it has that big island in the

08:51:00 middle.

08:51:00 Not a lot of streets have that.

08:51:01 It looks as though it's narrow like it may be ten feet.

08:51:09 This looks like there might be some part of an asphalt type

08:51:12 of curb but this is right, too.

08:51:15 But I believe there's a curb hindering this.

08:51:17 I believe this is 10 to 12 feet wide, normal street, 12 feet

08:51:25 wide.

08:51:28 >>YVONNE CAPIN: (off microphone)

08:51:30 >> Yes, it is allowed.

08:51:42 And the neighbors, they can put up these 15-43 signs, that

08:51:48 say 5-minute parking that complies with our code, and we

08:51:51 have the sign, everything on our Web site so they can know

08:51:54 what it looks like.

08:51:59 And the point of having drop-off pick-up on property is not

08:52:02 to affect the right-of-way.

08:52:05 This cannot affect, cannot back up into the public

08:52:07 right-of-way, cannot affect the public right-of-way.

08:52:12 It's petitioner's responsibility to make sure it's adequate

08:52:14 and they keep them moving, someone out there to help

08:52:17 children out quickly so it's not obstructing the

08:52:20 right-of-way.

08:52:20 >>MARY MULHERN: Councilman Suarez.

08:52:24 Then we need to hear from petitioner and move this forward.

08:52:26 >>MIKE SUAREZ: (off microphone) anything that says

08:52:44 five-minute parking per ordinance?

08:52:46 >> Yes.

08:52:47 >> Now what happens if this young lady over here has to go

08:52:50 to the hospital, and an emergency vehicle comes through,

08:52:53 what's going to happen to that person that owns that

08:52:55 vehicle?

08:52:55 >> They either will make some way to get around it --

08:53:01 >> And they won't be --

08:53:05 >> The emergency vehicle will find a way to get through.

08:53:08 >> That's not my question.

08:53:09 There is no way that that person is going to be cited for

08:53:13 having parked in a street?

08:53:16 >> The way you can get cited is through --

08:53:21 >> What I'm saying --

08:53:23 >> The intersection, you can't block driveways, those things

08:53:29 have to be enforced by TPD.

08:53:32 I do not see that ticket written very often.

08:53:35 I believe it's rare.

08:53:37 That's another thing.

08:53:39 The code enforcement, the favor-minute parking sign.

08:53:46 The code, you actually go out there, code enforcement, we

08:53:51 transportation people out there, they could write tickets in

08:53:53 violation of that code.

08:53:54 However, that's the mechanism that we have.

08:53:58 >>MIKE SUAREZ: Thank you.

08:54:00 >>MARY MULHERN: Petitioner.

08:54:08 Mr. Shelby, how much time does the petitioner have?

08:54:11 >>MARTIN SHELBY: Normally, 15 minutes.

08:54:19 Continued public hearing.

08:54:20 >>MARY MULHERN: Okay, you have 15 minutes but we would all

08:54:24 really appreciate it if you didn't have to use them all.

08:54:26 >> Good evening.

08:54:30 I'm just anxious to go home and get comfortable, so I will

08:54:33 be quick.

08:54:34 I just want to first of all, chairman and council, thank you

08:54:39 for the opportunity to come before you again.

08:54:41 I want to point out that initially, the first time I came to

08:54:44 the city, my plans did include, my initial drawn plans did

08:54:49 include that drop-off that we are speaking of today.

08:54:52 We changed it because of code.

08:54:55 And now because that's the council pushing that it comes

08:55:03 again, so it has been an intent on behalf of myself, the

08:55:06 petitioner, since the beginning.

08:55:08 So I thank the council that now we are bringing it to

08:55:12 fruition.

08:55:13 I want to point out that I am, as it shows here, certified

08:55:19 by the child care licensing to speak to have been their

08:55:24 requirements, and so you see a director for this type of

08:55:34 facility that license has been given to me by the state, and

08:55:38 I say of that in order to point this out to you.

08:55:41 This is upside down or not?

08:55:44 You must have one license from the state and Hillsborough

08:55:49 County, children and families.

08:55:52 You must have one staff person for every 50 children or

08:55:56 increment thereof.

08:55:57 One staff person 50 children or increment thereof, CPR, and

08:56:03 then the credentialing equivalent to every 20 children

08:56:08 regardless of opinion, that's the state and law require.

08:56:14 I just wanted to point that out because I did have a

08:56:18 document and available.

08:56:21 So where we are is that --

08:56:27 >> Could you put that up here?

08:56:30 It's difficult to read everything.

08:56:33 >> Sure.

08:56:33 >> (off microphone)

08:56:43 Gave me the opportunity to pull it out.

08:56:45 As you see, I moved around a lot of papers.

08:56:50 The book is provided to me by the state and Hillsborough

08:56:52 County.

08:56:54 Now, since the last meeting I was able to get together with

08:57:09 the city again and make the necessary changes which you see

08:57:12 there.

08:57:13 This is my original.

08:57:15 And it does already start.

08:57:17 It is already implementing the one change that they wanted

08:57:20 to make sure -- by the way, the aprons are already in

08:57:25 existence.

08:57:25 So my intention all along has been as I stated in the first

08:57:31 meeting to keep everything as original as possible.

08:57:35 I called for no trees to be removed, called for no

08:57:40 structures to be built, called for nothing.

08:57:41 Even the apron to get in and out of the property are already

08:57:45 in place so we are not even asking for curb cut-outs.

08:57:49 Everything is exactly as it is.

08:57:50 All we are doing is providing a drop-off.

08:57:53 So what they have asked me to have go Do is make it a

08:58:00 one-way and provide the arrows and to make the entrance a

08:58:04 little narrower so that it doesn't encourage it would be-way

08:58:07 traffic.

08:58:08 And I went ahead and did so.

08:58:13 Finally, as you know, last time, I came and I said, I took a

08:58:19 30-minute stroll around my neighborhood to see what the

08:58:27 opinion of the neighborhood was for the most part.

08:58:29 Of course, I can't speak for shall.

08:58:31 And I brought you this one page with a couple dozen

08:58:36 situation.

08:58:36 Since then, I went ahead and continued to get signatures in

08:58:39 the neighborhood every single neighbor except for one that

08:58:48 abuts the property, front, rear, side, across the street,

08:58:51 diagonal, Amscot, businesses, residential, every single

08:58:55 neighbor is signed here.

08:58:57 Of course, as you know, it is difficult to get them to come

08:59:09 but they made their presence known by name and I made sure

08:59:13 they put their address and phone number if so we can make it

08:59:17 verifiable.

08:59:18 If I may approach.

08:59:19 Therefore, to conclude, as I had initially stated, in the

08:59:30 first meeting, you know, it's a unique parcel in my own

08:59:34 neighborhood that I have lived in for close to ten years

08:59:36 now, needing a special using to bring it to its highest and

08:59:41 best use.

08:59:42 And so after speaking to several people we found it to be a

08:59:49 child daycare which is lacking in the area.

08:59:54 I can provide, you know, the city documentation from child

08:59:58 care family and children that will say that they have very

09:00:02 few facilities per capita.

09:00:05 Of course, we can all point to one or two, as far as the

09:00:09 number of people in the neighborhood, it's a low count, and

09:00:14 she was the counselor at children and families was very

09:00:17 happy that I was putting up this very small, very small home

09:00:22 care on such a large parcel because they get so many

09:00:27 petitions to put large facilities on very small parcels.

09:00:31 Of course, we have trees that make it a small parcel, but it

09:00:34 is a large parcel for the children to enjoy.

09:00:39 So I first acquired my own licensing.

09:00:43 As you see I am licensed, and review of the state and the

09:00:48 Hillsborough County children, and brought these facts to the

09:00:52 city, and we are using those facts, providing the parking

09:00:56 spaces, providing adequate space needed for the children.

09:01:00 And as far as the island and the cut-outs, as I pointed out,

09:01:05 I believe, and you will see that there's a couple of clauses

09:01:10 be in the neighborhood opinion, is that those islands

09:01:13 provide and add to the safety of the children, the fact that

09:01:19 they have to drive half a block before turning around for

09:01:24 them to be able to get that buffer space between them and

09:01:28 the children, and just adds all the more to the argument for

09:01:33 the children, safety, which is paramount.

09:01:37 Again, at the end of the day, we are looking at a small

09:01:40 20-child shift in an area that hardly has any and close to

09:01:51 commercial area, with every single neighbor but one on one

09:01:55 side being as you see in favor of it.

09:02:04 >>HARRY COHEN: Sir?

09:02:12 >>MARY MULHERN: Let's let him finish.

09:02:14 >> I'm done, thank you.

09:02:15 >>MARY MULHERN: Oh, you are?

09:02:17 Councilman Cohen.

09:02:17 >>HARRY COHEN: I don't think -- and I don't know, and I

09:02:21 will have to ask legal if this has anything to do with our

09:02:25 review tonight, but I don't think that this licensing

09:02:27 requirement sheet stands for the proposition that was

09:02:32 represented.

09:02:33 And let me just state, it's one staff person for every 50

09:02:38 who has completed a Red Cross first aid course, or it is the

09:02:42 child's CPR course.

09:02:44 That's not one staff person for every 50 just to take care

09:02:48 of the children.

09:02:49 It also -- it says that every facility should have one sink

09:02:53 and one toilet for every 15 children.

09:02:58 But only one staff person for every 20 children.

09:03:00 So apparently we need more toilets and sinks than we do

09:03:06 people.

09:03:06 >> In the classroom there will be 25 in the classroom.

09:03:12 At this time same thing the Hillsborough County school

09:03:14 system would have.

09:03:23 Of course, in a typical Hillsborough County school you walk

09:03:26 into, there's one teacher for 25, 30 kids.

09:03:28 In this, there would be it would be according to the state.

09:03:34 Has to be economically feasible.

09:03:36 I know that's not a consideration.

09:03:37 It has to be a consideration for me.

09:03:39 Or there would not be any child care centers if it were not

09:03:42 economically feasible, might I add.

09:03:44 >>HARRY COHEN: Thank you.

09:03:49 How many bathrooms are there?

09:03:51 >> There are two.

09:03:51 >>JULIA COLE: Legal department.

09:03:54 I think this conversation emanated out of the concern over

09:03:58 the number of parking spaces and how that have been would be

09:04:02 dealt with.

09:04:03 Just so you know the way our code works, the parking is you

09:04:06 identify your child care, how many employees you are going

09:04:10 to have, and it is that number of parking spots you are

09:04:14 required to have.

09:04:16 You also -- I don't know that you always put a cap on the

09:04:19 number of children, but this cap on the number of children,

09:04:25 I heard 22 or 24.

09:04:26 In terms of the number of employees they would need through

09:04:29 the gate, we don't typically get involved in that

09:04:31 discussion, and I would be a little bit reluctant to have

09:04:34 you base your decision, especially since I don't think we

09:04:37 have all the information, and I think what I heard

09:04:39 Councilman Cohen identify it, and when it was read out I

09:04:43 sort of had the same impression, that that is what you

09:04:46 received was limited to the number of employees who happen

09:04:49 to be CPR certified.

09:04:51 So I don't know that that is accurate in terms of what the

09:04:53 state will require.

09:04:55 And I don't think we typically provide that in this context.

09:04:59 I think the question in front of you is the following.

09:05:02 They are asking for a daycare center, special use for a

09:05:05 daycare center, with a maximum of 22 children, I think as

09:05:10 little as 23, and given this area, this location, whether or

09:05:16 not a daycare of that size, given the limitations of this

09:05:19 site, is compatible with the area, the secondary question in

09:05:23 front of you is there's a request to waive the local street

09:05:27 access, which is a special use criteria for a daycare

09:05:31 center, and the waiver criteria for that is something that's

09:05:35 also in your consideration.

09:05:38 The fact remains that this gentleman may have 22 children,

09:05:43 may need two employees, may need four employees.

09:05:46 If he needs more than two, he couldn't comply with the

09:05:47 special use.

09:05:48 Burr the question really is, and as of today, what W the

09:05:56 staff they do meet the personal requirements so I would

09:06:00 caution you.

09:06:01 But the number of children and the compatibility of this

09:06:03 level of daycare and this location I think is within your

09:06:06 purview, and what you can consider.

09:06:08 Thank you.

09:06:09 >>MARY MULHERN: Thank you.

09:06:15 Councilwoman Montelione?

09:06:17 >>LISA MONTELIONE: I think we need to hear from anybody in

09:06:22 the audience who wishes to speak but I'm moving to close the

09:06:25 public hearing if we could.

09:06:27 >>: Does anyone have any questions for the petitioner? If

09:06:29 you have any questions for the petitioner, this would be the

09:06:32 time to ask.

09:06:38 Thank you.

09:06:39 Is there anyone from the public who wishes to speak on this?

09:06:43 And if you have not been sworn.

09:06:46 >> I have a question. Is a question in order?

09:06:53 >>MARY MULHERN: Yes.

09:06:54 You will have an opportunity for rebuttal.

09:06:56 >> Okay, I understand.

09:07:00 We continued this for the specific purpose of the dropping

09:07:07 off, or to open up in general everything?

09:07:11 >>MARY MULHERN: No, our attorney said before what people,

09:07:15 if they have already spoken, what they can speak on tonight.

09:07:20 He will remind them.

09:07:22 Be won't you, Mr. Shelby?

09:07:24 >>MARTIN SHELBY: If a quasi-judicial public hearing is

09:07:32 continued, speakers at the continued public hearing are

09:07:35 limited to the issues that is the subject of the continuance

09:07:39 with the petitioner also allotted five minutes for rebuttal.

09:07:42 >>MARY MULHERN: And I believe that would involve a -- if

09:07:48 you were here before, you know why we continued it, and it

09:07:51 did have to do with the parking and circulation and drop-off

09:07:57 questions.

09:07:59 So please.

09:08:03 >> How do I work this thing to get it further down?

09:08:19 >>MARY MULHERN: If we could have the overhead, please.

09:08:22 I'm Angela Cacciatore from 2308 West Woodlawn Avenue.

09:08:33 I have been sworn.

09:08:35 Good evening, Madam Chair and council members.

09:08:39 While the revised site plan offers improvements against the

09:08:42 stacking of cars in the street, this is not solve the

09:08:46 problem.

09:08:46 According to Mrs. Freely, in the meeting transcript of

09:08:50 August 18th, she stated that the plan poses 2001

09:08:56 employees and therefore a total of two parking spaces is

09:08:59 required.

09:08:59 I can only assume that the two spaces are for the employees.

09:09:03 Leaving one ADA parking space and room for two stacked

09:09:07 vehicles in the new drop-off pick-up area.

09:09:11 The new area is approximately 40 feet in length and 12 feet

09:09:17 wide.

09:09:17 It is a family mini-van in the daycare parking lot.

09:09:23 The Chrysler town and country is 16.6 feet in length, 6.5

09:09:29 feet wide.

09:09:30 You only have the availability of parking two cars.

09:09:34 If a third client out of the 22 proposed children happens to

09:09:38 be dropped off, you now have stacking on the streets.

09:09:44 This is an issue than may not seem enough to cause any

09:09:48 concern.

09:09:50 However, we also need to consider that there is currently

09:09:58 established westbound traffic.

09:10:01 All that would be required is one resident, one vehicle from

09:10:06 Tampa Catholic trying to get to McDonald or one local

09:10:11 resident trying to attempt their way to Armenia Avenue

09:10:15 enroute to work, and the chain reaction of stacking of cars

09:10:18 down Lamont Avenue has begun.

09:10:22 This raises safety issues as well as having the possibility

09:10:24 of rendering driveways of eight homes completely useless

09:10:29 during that time.

09:10:33 It was brought up last time of that Armenia Avenue is a

09:10:36 commercial street.

09:10:37 While it's true, than is a commercial arterial road

09:10:41 classified on your residential system for the City of Tampa,

09:10:46 this property is not on Armenia nor is the corner lot.

09:10:51 The only ingress and egress is on a solidly residential

09:10:56 street with trees.

09:10:58 Unfortunately, a 6.5-foot mini-van cannot pass a parked car

09:11:04 on a wooded median street.

09:11:08 Where I understand some of the space for him to work with,

09:11:13 it not help him relieve the stacking of cars and would take

09:11:19 only a third car to begin the backup.

09:11:21 Denying the petition Z is 1-213 is the only option.

09:11:27 Thank you for your time.

09:11:28 >>MARY MULHERN: Thank you.

09:11:29 Is there anyone else that wishes to speak?

09:11:30 >> Good evening.

09:11:34 I know we are all tired.

09:11:35 Yvonne Gonzalez, 2310 and 2312 west ledron Avenue.

09:11:42 27 years nobody has parked on the streets because cars can't

09:11:44 get by because they park on the median.

09:11:46 I have some photos.

09:11:49 This is the shot.

09:11:52 Coming in off of Armenia.

09:11:58 This is toward Howard Avenue.

09:12:00 The other side of Armenia.

09:12:02 You can see -- I'm sorry.

09:12:09 This is where the first cut in the apron is that would lead

09:12:13 directly from Amscot if you went to the vacated alley.

09:12:17 >> Is there a curve there?

09:12:19 >> Yes.

09:12:19 This is curbed.

09:12:22 Very thin curb because people have hit this tree so much

09:12:25 that they have knocked out the curb.

09:12:27 >>MARY MULHERN: But where are the cut is, there's still a

09:12:30 curb there?

09:12:31 >> Yes, ma'am, there still is.

09:12:35 This one shows the lot 9 ending with the neighbor's mailbox

09:12:46 next to it.

09:12:48 This is where the homes would be involved, you would have to

09:12:55 travel down this way, go past this area to get to the second

09:12:59 apron to turn around.

09:13:02 This is 2313.

09:13:05 This is the Verizon underground panel.

09:13:08 This is the utility pole that people are going to run over

09:13:12 and hit in order to get into the new driveway.

09:13:20 This is the area.

09:13:21 There's the pole.

09:13:22 There's the fence.

09:13:23 This is planning district platted 46 feet.

09:13:27 That shows 46.14 inches.

09:13:30 The 14 inches, that means somehow the fence went over into

09:13:34 313.

09:13:36 So we are challenging the measurements on that end.

09:13:43 This is the grand oak that sits at the beginning after the

09:13:46 first cut of the apron.

09:13:49 There's the entrance.

09:13:51 There's the other utility pole.

09:13:53 This is part of lot 7.

09:13:55 Because that fence technically, you have platted 346, 46,

09:14:01 46, you get 136 in front, lot 8 which is the house, that's

09:14:06 where it runs.

09:14:07 And I'm sorry to say there's only one bathroom.

09:14:10 I went to the property an appraiser's.

09:14:14 The plan says one.

09:14:16 Maybe they put in one sense.

09:14:17 I went to licensing and review.

09:14:20 15 kids, one bathroom.

09:14:23 Four-hour training, after I hung up talking with the

09:14:26 children and family services, I could have gone online and

09:14:29 got ten four hours P.administrator for the site, 40 hours.

09:14:33 People that work with those children, 40 hours.

09:14:36 (Bell sounds)

09:14:37 We need to protect those children if this passes.

09:14:39 >>MARY MULHERN: Thank you.

09:14:42 Next.

09:14:42 >> I live at 2309, which is it would be down from the

09:14:57 property.

09:15:01 I have nothing more to add except torch state my objections

09:15:07 to the way this has been drawn.

09:15:12 Of that is not going to work.

09:15:14 That arch is too close to that pole, too close to the

09:15:18 property next door.

09:15:20 We are talking about fumes.

09:15:22 With all elderly people, we don't need extra pollution in

09:15:26 there.

09:15:27 And I have problems with breathing.

09:15:30 It's going to be very difficult for both of us.

09:15:33 So keep in mind that they provided you with an option.

09:15:39 We are saying that that option is not good.

09:15:45 Thank you.

09:15:45 >>MARY MULHERN: Thank you.

09:15:45 >> Madam Chairman and Councilman, my name is will Ford stow.

09:16:03 I have been sworn in.

09:16:04 I reside at 2304 West Woodlawn Avenue.

09:16:08 I have been living on Woodlawn Avenue since 1955.

09:16:16 The traffic flow on Woodlawn is abnormal to your normal

09:16:25 neighborhood, because Riverview cuts right into Woodlawn,

09:16:33 and the extreme amount of traffic in our neighborhood as it

09:16:35 is.

09:16:37 This evening, at 10 minutes after 4:00, I sat in my family

09:16:43 room, and in 20 minutes I counted 25 cars going down the

09:16:51 street.

09:16:53 Can you imagine that?

09:16:54 That's more than one car a minute.

09:16:58 When I have people visiting me, I have to have stand on the

09:17:02 sidewalk to be sure that they can back out.

09:17:08 There is no way you can park a car on that street.

09:17:14 Not only that.

09:17:16 If I walk down that street, the driveway is going to be

09:17:21 blocked and I have to step out into the street.

09:17:25 I have a heart condition.

09:17:26 And I have to walk.

09:17:29 This is really a safety issue, and it is also a traffic

09:17:36 issue.

09:17:38 This is going to really be hazardous to everyone.

09:17:42 Thank you.

09:17:43 >>MARY MULHERN: Thank you.

09:17:45 >> My name is Lou Noriega. Good evening.

09:17:56 I live at 2305 West Woodlawn Avenue since 1960.

09:18:02 I would say that in the time that I have lived there --

09:18:15 asphalt, because shell road.

09:18:25 To get out of this neighborhood -- and that's the reason I

09:18:29 bought there.

09:18:29 I didn't want too much traffic.

09:18:33 I lived on Armenia and had a lot of traffic on that street.

09:18:37 If you come east, on Woodlawn,

09:18:40 You will have to be in front of my house or go to a four-way

09:18:46 stop east, west, north and south.

09:18:49 Now, after you make a turn, in all due respect to the lady,

09:18:57 I don't know how often she's traveled that road or what

09:19:00 time, but it backs up pretty bad at 8:00 in the morning.

09:19:06 When I walk to coffee I have to go at 9:00.

09:19:11 But if you are trying to get into Armenia, you have got

09:19:14 problems.

09:19:15 You have got a stoplight at Martin Luther King and stoplight

09:19:19 and Tampa Bay Boulevard, and if you come south you have to

09:19:22 turn.

09:19:23 If you are going to the river about bend apartment on

09:19:26 Woodlawn because there's no turn on Tampa Bay Boulevard.

09:19:30 And if you come of in thatch way, you want to come to that

09:19:34 child care center, you have to come -- I had to change my

09:19:39 mailbox three times because they jumped the cushioned hit my

09:19:43 mailbox.

09:19:44 I say it's a traffic hazard.

09:19:47 It's putting more vehicles on that road that are not needed.

09:19:50 We have enough trouble with motorcycles coming through

09:19:54 there.

09:19:54 And I mean they blast.

09:20:00 One of them wags my nephew when he was in the Air Force.

09:20:05 From Howard to Armenia. He had it 90 miles per hour.

09:20:08 Now, it that feasible? But he's nuts.

09:20:13 Thank you.

09:20:13 >>MARY MULHERN: Thank you.

09:20:15 >> My name is Michael Hair.

09:20:29 I just have a few questions, actually.

09:20:33 I have a picture here.

09:20:36 Right here is the Verizon box.

09:20:40 They just put wires underneath.

09:20:44 There is 16 inches away from that pole.

09:20:47 Right here, that is where the curb ends.

09:20:54 So to do this turn, they are going to be cutting it.

09:20:58 And anybody be -- I know everybody does it -- they are going

09:21:02 to be cutting it, coming really close to that Verizon box.

09:21:07 That Verizon box is 23, around 32 inches long.

09:21:14 It is 21 inches away from their driveway.

09:21:21 That they have there now.

09:21:25 Without that curb they are going to be cutting that as quick

09:21:27 as they can.

09:21:29 So I just have, you know, that issue with it.

09:21:32 And there's going to be so much traffic to back that up, if

09:21:37 they keep hitting that box, how much times is Verizon going

09:21:40 to replace it?

09:21:43 That's the issue I have.

09:21:45 >>MARY MULHERN: Thank you.

09:21:50 Anyone else?

09:21:52 Petitioner?

09:22:03 Mr. Shelby, is that five minutes?

09:22:06 >> I want to thank the neighborhood families that are

09:22:08 concerned, and I have their concerns and we have taken the

09:22:12 time to address those concerns.

09:22:14 And have put great effort into complying with those matters

09:22:21 that were brought up in the last meeting.

09:22:24 So I do want to thank the neighbors for that.

09:22:26 And I want to also thank those that are not here that, you

09:22:31 know, a multiple of five or six times those not present that

09:22:37 believe this project to be necessary, and great for the

09:22:41 neighborhood.

09:22:42 As far as the only matters I think that I heard brought up

09:22:46 were about the parking and the pole, and I want to point out

09:22:51 that the surveyor, licensed certified be surveyor from which

09:22:55 we all do all of our plans in the city, that surveyor took

09:22:59 all of those factors into considerings consideration and

09:23:02 they are all accounted for, and the apron is not near nor

09:23:09 will affect those things.

09:23:12 Had they benefactors, we would have caught those things on

09:23:16 the survey and been able to respond to that.

09:23:20 So I believe we have addressed the concerns brought to us by

09:23:24 the council.

09:23:25 Again I want to thank council because it was actually my

09:23:29 initial desire to have a drop-off and pickup, and during the

09:23:33 day people ask K stop in that drive-through and speak to a

09:23:37 teacher, so on and so forth, as was one of the concerns.

09:23:42 I also own the lot next door.

09:23:44 And by the way, on that, you will notice that Tampa one at

09:23:49 the bottom, the one at 20, and one person.

09:23:56 And last but not least, of course, I am not going to be the

09:24:00 only person at that facility.

09:24:03 I took this license which, by the way, was two days, and to

09:24:08 get that license for this, a director, who will be running

09:24:12 and be employed there, a licensed certified director,

09:24:17 qualified to be, and that's the employee along with an

09:24:22 assistant that has other pertinent training.

09:24:24 Again, I went through the state and the Hillsborough County

09:24:27 before I came before this council making sure that all the

09:24:34 Is were dot PD and the Tings crossed as far as the safety of

09:24:38 the children and such.

09:24:39 And than is all.

09:24:40 >>MARY MULHERN: Thank you.

09:24:46 Council, there any further questions for the petitioner?

09:24:49 Can I have a motion to close the public hearing?

09:24:50 >> So moved.

09:24:52 >> Second.

09:24:52 >>MARY MULHERN: All in favor?

09:24:57 The pleasure of council?

09:24:58 >> I have never done this before.

09:25:04 If I could, you know, how do we proceed to deny a petition?

09:25:09 Do we -- obviously I won't move the -- Mr. Shelby, I guess

09:25:20 in.

09:25:24 >>MARTIN SHELBY: Obviously your evidence is based on the

09:25:27 competent substantial evidence so it is my suggestion that

09:25:29 you reference the basis for your decision, and based on the

09:25:34 facts as you find them to be.

09:25:37 I will direct you, I don't know when you have a copy of the

09:25:39 staff report, but I have a copy here if you would like.

09:25:45 There is a waiver that's being requested, a waiver to allow

09:25:48 access to a local street.

09:25:50 There is a criteria for the granting of waivers, and I am

09:25:59 happy to provide that to make reference to you, as well as

09:26:01 in the staff report, a special use is bound by the general

09:26:05 standards of section 27-269, which is in your staff report,

09:26:10 and they do have subsections.

09:26:13 So I would ask that what you do is when you take a look at

09:26:17 those standards with the criteria for the waivers of the

09:26:19 local streets, and the general standards than you cite those

09:26:22 sections that apply to the fact that you find them, and make

09:26:27 your findings for the record in whatever motion that you

09:26:31 make.

09:26:31 >>MARY MULHERN: Councilman Suarez, I could pass the gavel

09:26:46 if you would like.

09:26:47 >>MIKE SUAREZ: No, I'm ready to make that motion if I'm

09:26:53 allowed to.

09:26:54 That would be fine.

09:26:56 I just need to make sure I have this right here.

09:27:02 I would like to make a motion to have deny the waiver --

09:27:08 deny the petition -- thank you, Mr. Shelby -- which will

09:27:12 substantially interfere or injury the rights of others whose

09:27:16 property would be affected by allowance of this particular

09:27:18 waiver, which is in section 27-324.

09:27:24 In addition, I wanted to -- thank you, Mr. Shelby -- in

09:27:31 addition, I think that it would injury the public health,

09:27:36 safety and general welfare of the neighborhood that it is

09:27:42 located in according to section 27-269, and the uses, in my

09:27:51 mind, the use is -- incompatible with surrounding property

09:27:58 and use as a public necessity.

09:27:59 I make that motion.

09:28:00 >>HARRY COHEN: Second.

09:28:02 >>MARY MULHERN: All in favor?

09:28:05 Anyone opposed?

09:28:05 >> Nay.

09:28:08 >> Nay.

09:28:08 >> Nay.

09:28:09 >>THE CLERK: The motion did not carry with Capin, Reddick

09:28:15 and Montelione voting no and Miranda being absent.

09:28:31 Madam Chair, could I ask for roll call?

09:28:33 Is that possible?

09:28:35 Because I apologize, I did not hear your answer, Madam

09:28:37 Chair.

09:28:38 >>MARY MULHERN: Oh, I voted no.

09:28:41 But, yes, let's do roll call.

09:28:48 I voted Y.I voted yes to deny.

09:28:50 >>MIKE SUAREZ: Yes to deny.

09:28:53 >>THE CLERK: Roll call vote on the motion to deny.

09:28:56 Suarez.

09:28:56 >>MIKE SUAREZ: Yes.

09:28:59 >>YVONNE CAPIN: No.

09:29:00 >>FRANK REDDICK: No.

09:29:01 >>MARY MULHERN: Yes.

09:29:03 >>HARRY COHEN: Yes.

09:29:06 >>LISA MONTELIONE: No.

09:29:08 >>THE CLERK: And Miranda being absent so the vote remains 3

09:29:12 to 3 with Capin, Reddick and Montelione voting.

09:29:16 No motion did not carry.

09:29:19 And Mr. Shelby, I assume that will carry over to the next?

09:29:27 >>MARTIN SHELBY: Council, your rules do state that if a

09:29:29 motion in a quasi-judicial matter fails to receive at least

09:29:33 four votes the motion fails.

09:29:34 And if another motion in order is not made, the public

09:29:37 hearing shall automatically be reopened ant continued to a

09:29:41 time certain at the next regularly scheduled council

09:29:43 meeting, albeit, I have to share with you that council

09:29:48 member Miranda being absent tonight, I am not aware of the

09:29:51 fact that he will be at the next regular council meeting.

09:29:54 So it may be more appropriate for you to schedule it to a

09:29:57 time, barring council not to make another motion that may be

09:30:03 in order tonight, to continue it to a time that Mr. Miranda

09:30:05 would likely to be back.

09:30:08 >>HARRY COHEN: I move of that we reschedule it to October

09:30:18 6th, which is I believe our first regular -- the first

09:30:25 regular council meeting is indeed October 6th.

09:30:29 At 10 a.m.

09:30:30 >>MIKE SUAREZ: I second.

09:30:35 >>MARY MULHERN: October 6th.

09:30:41 That's a month.

09:30:45 All in favor?

09:30:47 Anyone opposed?

09:30:48 >>THE CLERK: Madam Chair, who is the second on that motion?

09:30:52 >>MIKE SUAREZ: I was.

09:30:53 >>THE CLERK: Thank you.

09:30:55 Motion carried with Miranda being absent.

09:30:58 The public hearing will be continued to October 6th at

09:31:04 10 a.m.

09:31:07 >>CHAIRMAN: Councilwoman Capin?

09:31:14 >>YVONNE CAPIN: I'm looking at -- can I speak on this?

09:31:18 >>MARTIN SHELBY: It is officially continued.

09:31:24 If you want to reconsider your motion to continue to have a

09:31:28 discussion, and you do reconsider that, and but once the

09:31:37 motion to continue is made, in effect the matter is closed

09:31:41 until it comes back.

09:31:42 Do you follow what I'm saying?

09:31:43 >>MARY MULHERN: Okay.

09:31:56 If she had chosen to ask for reconsideration of the vote, is

09:31:59 that a possibility?

09:32:03 >>MARTIN SHELBY: Council, once the motion fails, any other

09:32:05 motion that's in order can be addressed.

09:32:09 So a motion to continue would be in order.

09:32:11 A motion to approve would be in order.

09:32:13 Any other, you know, groups of motioning that might be

09:32:17 considered by council to be in order could have been taken.

09:32:19 The motion that was made was the motion to continue.

09:32:23 It was continued.

09:32:25 It was made.

09:32:25 It was seconded.

09:32:26 It was continued to a date and time certain which is

09:32:29 appropriate.

09:32:30 Now, if council wishes to reconsider that for the purposes

09:32:33 of taking whatever motion might have been in order, other

09:32:36 than a motion to continue, that's council's right to do.

09:32:40 Again it would have to be anybody on the prevailing side in

09:32:42 that case.

09:32:43 >>MARY MULHERN: There isn't a prevailing side.

09:32:52 We all prevailed on --

09:32:56 >>MARTIN SHELBY: If council wishes a motion to reconsider

09:32:59 if it is seconded and passed would allow you to decide

09:33:02 whether or not you truly want to reconsider, and then you

09:33:04 can take action.

09:33:08 >>MARY MULHERN: So we continued this to October 6th.

09:33:21 Just continuing it for the vote, correct?

09:33:24 >> No.

09:33:31 >>MARY MULHERN: Well, for a full council --

09:33:35 >>MARTIN SHELBY: What is in effect now, as a matter of

09:33:39 course, by your rules, is that when the motion failed, the

09:33:47 hearing was automatically reopened and continued to a time

09:33:51 certain.

09:33:51 So when it does come back to you, in October, it will come

09:33:55 back to you as a continued public hearing.

09:33:58 If there's no motion on the floor.

09:34:01 Then you can decide what action you wish to take.

09:34:03 Obviously all the presentations have been made.

09:34:05 If there's a desire for additional evidence to be taken or

09:34:08 additional questions to be asked, you will have that

09:34:10 opportunity.

09:34:11 At that time, you will then have to close the public

09:34:13 hearing, make whatever appropriate motions you wish, and tan

09:34:17 a vote on that.

09:34:18 >>MARY MULHERN: Mr. Shelby, we have had the public hearing.

09:34:27 We didn't have a majority vote.

09:34:35 I'm trying to make sure that we don't have another full

09:34:40 blown continued public hearing because we just had one, and

09:34:43 then another one tonight.

09:34:45 And all the people that are here, I think the petitioner and

09:34:51 the public, everyone with -- I'm not clear.

09:35:07 In the past, when this has happened and we come back for a

09:35:10 vote, we usually ask the council person who wasn't present

09:35:15 if they have had an opportunity to review the record and

09:35:17 then we vote.

09:35:29 >>MARTIN SHELBY: The rule was amended to address due

09:35:31 process concerns, because wash was happening is the way it

09:35:34 was being brought back, there was a notice issue.

09:35:37 There was a due process issue.

09:35:39 So this was crafted to address that.

09:35:43 And basically council can choose.

09:35:45 It totally within your prerogative to not take additional

09:35:47 testimony.

09:35:49 You have already heard everything that's required for you to

09:35:51 make your decision.

09:35:52 The only question would be Chairman Miranda when he returns,

09:35:56 if he has no questions, and he has reviewed the record,

09:36:00 which he will do, I would be pretty certain of, I would be

09:36:07 certain of, a motion to close would then be in order, and

09:36:11 then --

09:36:14 >>CHAIRMAN: Thank you.

09:36:14 That's the explanation I needed.

09:36:16 And when Councilman Miranda returns, I'll make that motion.

09:36:20 >>MARTIN SHELBY: The only issue and the reason it was

09:36:26 crafted this way is if a council member does return, and

09:36:30 based on their review of the record they have questions,

09:36:33 then they have the opportunity to have the questions

09:36:36 answered before the vote.

09:36:39 >>MARY MULHERN: Yes, that's what I understood.

09:36:41 Thank you very much.

09:36:42 So that's what will happen on October 6th if we have --

09:36:47 if Councilman Miranda is here.

09:36:49 >> With just a quick point of order F.chairman Miranda is

09:36:57 not going to be there on the 6th, if we know by a week

09:37:01 prior, how do we reschedule and renotice, especially for the

09:37:09 petitioner and for the folks that are already showed up here

09:37:11 twice to voice their opposition?

09:37:14 >>MARTIN SHELBY: Well, they could perhaps be notified in

09:37:18 advance that Chairman Miranda will not be here.

09:37:21 But, frankly, county only then be continued to another date

09:37:25 because of this being a public hearing, to a date and time

09:37:29 certain announced after 10:00 on October 6th.

09:37:34 And one would be think that the petitioner, at least, would

09:37:37 want to be present for that, to be able to at least

09:37:41 determine the time, so that he has notice of the date and

09:37:46 time.

09:37:46 But that's his prerogative.

09:37:48 But obviously cannot be continued officially until the day

09:37:51 of the next public hearing.

09:37:52 >>MARY MULHERN: That's a good question, in fact, because if

09:37:58 we are scheduling it and we'll at least have been to open

09:38:02 it, would we vote again fish we don't have -- if Councilman

09:38:11 Miranda is not back, would we vote again?

09:38:16 >> When you return on October 6th, you have a continued

09:38:19 public hearing, and it's already open.

09:38:21 There is no motion on the floor.

09:38:23 So any motion that's appropriate, in order at that time can

09:38:28 be taken.

09:38:28 Motion to approve, motion to deny, motion to continue.

09:38:30 >>MARY MULHERN: Even if he's not here, we can still be

09:38:36 entertain a motion?

09:38:37 We can still make a motion?

09:38:40 >>MARY MULHERN: Yes.

09:38:42 >>MARTIN SHELBY: Yes.

09:38:43 >>MARY MULHERN: Thank you.

09:38:44 Thank you.

09:38:44 Let's move on to our final agenda item that we already have

09:38:49 the paperwork for; I believe.

09:38:54 Item number 9.

09:38:55 >>ABBYE FEELEY: Land Development Coordination.

09:39:00 Item number 9 on your agenda this evening is located at 4020

09:39:05 east Osborne Avenue.

09:39:07 The request before you this evening is from an RS-50

09:39:10 residential single-family to a PD planned development for

09:39:16 retail sale, strip shopping center.

09:39:19 There are a couple of waivers being requested this evening.

09:39:27 I am going to let Tony do his presentation, and then I will

09:39:31 come back.

09:39:51 >>TONY GARCIA: Good evening, commission -- council.

09:39:54 Different jurisdiction.

09:39:55 It's been a long day and we are all tired.

09:39:57 Perseverance is a good thing.

09:40:00 Just a couple of things as relates to the comprehensive plan

09:40:02 on this particular issue.

09:40:03 This is located in the central planning district.

09:40:10 This has a land use category of R-10, which usually in most

09:40:18 cases does allow for consideration.

09:40:21 This is for expansion of an existing use.

09:40:27 It's always been a commercial use from the 1940s according

09:40:32 to the records that the city has so it's pretty much part of

09:40:38 the fabric of the community.

09:40:39 Mrs. Feeley will probably show you photos of the site.

09:40:41 It's rather small, but it has served this particular

09:40:44 neighborhood for many, many decade.

09:40:47 As I have already stated.

09:40:49 So the expansion is very minor.

09:40:52 And the planning staff found the proposed request consistent

09:40:56 with the comprehensive plan.

09:40:57 >>ABBYE FEELEY: Thanks, Tony.

09:41:03 As Tony mentioned, this is a small convenience store.

09:41:07 It's located on the northwest corner of 4,626th and east

09:41:12 Osborne.

09:41:17 The zoning atlas, 40th Street to the west, 42nd to the east,

09:41:28 this is near James elementary and Williams park is in here.

09:41:31 I also when I was out here, there's a special use for a

09:41:34 church that just got completed, not far from this site.

09:41:40 We probably did that three or four years ago.

09:41:42 This is the property.

09:41:45 It's a 50 by one hundred lot with a standard RS-50

09:41:49 single-family lot.

09:41:53 As you can see, it's built right up to the property.

09:41:58 1948.

09:41:59 Long time ago.

09:42:02 There's some views of the property.

09:42:07 There is a daycare.

09:42:09 Located catty-corner at the southeast corner.

09:42:15 This is immediately south of the property.

09:42:20 This is immediately east of the property across 42nd.

09:42:23 This is immediately to the west of the property.

09:42:26 Here is the fence for the existing property.

09:42:30 Here is looking north.

09:42:37 And this is looking north on 42nd.

09:42:49 This is an existing single story 6606 square foot building

09:43:01 constructed in 1948, and they are requesting to expand the

09:43:04 building by 199 square feet along the west elevation.

09:43:11 The requested PD setbacks are as follows.

09:43:15 28-foot north.

09:43:16 30.3-foot south.

09:43:17 24-foot west.

09:43:18 2.3 feet on the east.

09:43:22 Then would be considered by definition a proposed strip

09:43:26 commercial use once the second use is added.

09:43:29 Three parking spacings would be required and a total of

09:43:32 three will be provided.

09:43:33 Elevations of the existing building and the proposed

09:43:36 addition have been provided as part of the site plan.

09:43:42 There are a few modifications that need to be made.

09:43:47 We have been working with the applicant on those.

09:44:05 I do have a revision sheet that I forgot.

09:44:17 >> I'm the petitioner Thomas hills, Tampa, Florida.

09:44:28 This is a small community store that's been in existence

09:44:33 over 50 years.

09:44:38 There is a request that these people want to do a little bit

09:44:40 of adding on in the community.

09:44:44 They have a few more products and get a little more

09:44:48 employment.

09:44:49 The site was a small site we had to work with pretty hard.

09:44:53 However, there are other reasons they need to get this

09:44:56 property into conformity.

09:44:58 Although it's been there for almost 50 years, but if they

09:45:07 can get the property back into a regular conformity for the

09:45:11 PD, then it will be a property they can go back and rebuild

09:45:15 if something happened, they can also add a little bit onto

09:45:21 the store to have another person, add a few more products

09:45:26 that people don't have to go so far.

09:45:28 That's basically the gist of the situation here.

09:45:31 >>FRANK REDDICK: Thank you, Madam Chair.

09:45:44 Sir, as I scan that building to the west, what additional

09:45:50 product are you planning on adding to that facility?

09:45:53 >> Well, actually, right now you can add on, they don't have

09:45:58 many shelves in there if you go into the store.

09:46:00 Okay.

09:46:01 So what's available to it is whatever product they can get

09:46:04 in there.

09:46:12 Put more bread, put more anything you can put in there,

09:46:15 what's available, what it's zoned for.

09:46:17 >> When you say convenience goods/shopping center, that's

09:46:27 what it says here.

09:46:29 The strip shopping center.

09:46:41 I'm just reading what's there.

09:46:42 It says strip shopping center.

09:46:46 That's a modern term for a store?

09:46:50 >>ABBYE FEELEY: Land development.

09:46:51 When we first started doing this they came in, they wanted a

09:46:54 small barbershop there like a one-chair barbershop.

09:46:58 What had happened was, they were doing the parking

09:47:01 calculations and they were taking that barbershop portion,

09:47:04 doing it as personal services, which is like 7 per thousand,

09:47:09 and they were doing the store as the retail, which is 4 per

09:47:13 thousand.

09:47:13 There is a use in our code which is commercial shopping

09:47:19 center.

09:47:19 Let me just read you what that definition is.

09:47:21 And this would meet that definition.

09:47:24 And the parking, you don't treat it as individual types of

09:47:28 uses.

09:47:29 You treat it as more of a shopping center concept.

09:47:33 Hold on.

09:47:39 I thought I had put it in the staff report.

09:47:41 I'm sorry.

09:47:42 It talks about two or more uses.

09:47:46 And strip shopping center is a commercial mixed use

09:48:00 development, two or more business suites, designed and

09:48:04 instructed in accordance request the development regulations

09:48:06 for a variety of uses including office, retail, personal

09:48:10 service, businesses, and these uses are interchangeable.

09:48:13 And then the parking ratio for that is a 4 per thousand

09:48:19 ratio versus having a portion of it, which this site

09:48:23 couldn't accommodate.

09:48:23 >>FRANK REDDICK: Let me ask you one more question.

09:48:28 Would you put that picture back up where it had three cars

09:48:31 out in front, there's a truck and two other cars?

09:48:55 All right.

09:48:56 And you are saying based on this that they need to have

09:49:02 three parking spaces, correct?

09:49:04 And if they expand this to the west, 99 feet, I guess.

09:49:11 >> 199.

09:49:12 >> 199 feet or something to the west.

09:49:19 As you look at that property is going to go almost close to

09:49:23 that property line, to the house.

09:49:25 Is that correct?

09:49:27 >> No, it's only 7 feet wide.

09:49:32 >> 7 feet wide.

09:49:33 >> 7 feet wide.

09:49:34 And then 28 feet deep.

09:49:39 It's on your site plan.

09:49:40 >>MARY MULHERN: You I don't think we got the site plan.

09:49:46 Oh, we did?

09:49:48 Thank you.

09:49:49 >>ABBYE FEELEY: You have to understand what's out there now

09:50:00 is nonconforming conditions.

09:50:02 Once they pulled the permit to do the expansion, they now

09:50:05 have to conform to this site plan and put in the

09:50:08 improvements, put in the wheel stops, put in the parking

09:50:10 spaces, pave it properly, put in their buffers.

09:50:13 >>FRANK REDDICK: Let me just say, I know the facility here.

09:50:26 >>ABBYE FEELEY: So they will have parking.

09:50:27 And then the one handicapped space and the stripes in front.

09:50:32 >>FRANK REDDICK: Go back to your picture.

09:50:36 You see those three cars there?

09:50:41 If those are three spaces, and somebody come there where do

09:50:45 the cars park?

09:50:46 >> If you went by the requirements for parking, access,

09:51:05 ingress and egress, you will notice that when you pick on

09:51:10 the backside -- see, you are trying to make the spaces go to

09:51:14 the west.

09:51:14 But that's not the way the parking is working there.

09:51:18 You have two spaces in the back that can back out and go

09:51:23 back the other way and come out on 42nd street.

09:51:27 You have one space in the front that backs out and stays on

09:51:31 the property and goes back on Osborne street.

09:51:36 I spent a lot of time figuring out how to do that and it

09:51:40 works, and you don't have to continue going west.

09:51:44 Because halfway going one way and half going the other way

09:51:48 and also have room enough to put some plants and my

09:51:52 shrubbery and everything worked out.

09:51:53 But the way you are looking at that, it won't work that way.

09:51:59 >>FRANK REDDICK: Well, let me just say, you have just about

09:52:06 everybody in that section -- I don't know, you don't live --

09:52:18 you are on 20th street.

09:52:20 I know about this facility.

09:52:23 Now, you know this is a hotbed spot.

09:52:30 And it's been a hotbed spot for many, many years.

09:52:34 And just to give you an example.

09:52:40 There have been over some ---40-some arrests there in the

09:52:45 past three years.

09:52:49 So this is a place where a lot of people are, there's been

09:52:55 over some 40 arrests in the last three years, the same spot,

09:53:00 they have undercover right now activities going on outside

09:53:05 this facility.

09:53:06 So the neighbors -- and I'm concerned about cleaning this

09:53:16 place.

09:53:16 >> Well, that's some pretty harsh accusations.

09:53:21 And all of these -- well, let's hold up here.

09:53:28 Based on things that you are doing, you are making

09:53:30 accusations and not going back what the plans go for here.

09:53:35 These are just things -- I don't see a whole lot of

09:53:39 anything.

09:53:41 And even if you didn't, are you going to close the place up

09:53:47 tomorrow or today?

09:53:48 Why not improve it?

09:53:49 >>FRANK REDDICK: I had calls and the people contacted me.

09:53:58 >> Well, why they contact you?

09:54:01 >> I'm their representative, that's why.

09:54:03 >>MARY MULHERN: Mr. Shelby?

09:54:05 Thank you.

09:54:06 >>MARTIN SHELBY: Well, the question is, is there anything

09:54:12 in the clerk's file that was available for public inspection

09:54:15 that was received by City Council that you have been

09:54:23 everybody?

09:54:23 >> Not that I have received from City Council, no.

09:54:25 >>MARTIN SHELBY: The question then becomes, council, the

09:54:28 basis for the competent substantial evidence.

09:54:30 And I'm just wondering, with all due respect, Councilman, if

09:54:35 there have been any ex parte communications or other

09:54:38 communications that have not been disclosed to the

09:54:41 petitioner, that it would be my recommendation that you

09:54:45 discuss with whom you have had any discussions, and when

09:54:49 they occurred, and the substance of the occasions, to allow

09:54:53 them to have the petitioner to be able to rebut them.

09:54:57 Barring that, my review of this case is, it has not been

09:55:03 before City Council before to be heard.

09:55:07 It was opened and continued.

09:55:08 And this wags actually the first presentation that was made

09:55:11 by staff relative to this.

09:55:13 So quite frankly, based on what we have heard thus far, the

09:55:18 only competent, substantial evidence that exists in this

09:55:21 case right now that are could be adduced at the hearing is

09:55:26 given to you by staff, by the Planning Commission, and by

09:55:31 the petitioner.

09:55:32 So my suggestion would be if you wish to have any competent,

09:55:37 substantial evidence placed in the record, it would be my

09:55:41 recommendation that you do so.

09:55:42 >>FRANK REDDICK: Well, let me also remind you that the last

09:55:45 time we had this at hand, people showed up, and what

09:55:50 happened is it was continued because the petitioner had

09:55:53 requested.

09:55:55 They didn't know until tonight that this hearing was with

09:55:59 drawn from the agenda.

09:56:00 Now I asked you to go out and inform the gentlemen, the

09:56:05 preacher in the neighborhood, another person, and now just

09:56:11 the notice that you put out they're in front of the build

09:56:14 being the public hearing, than disappeared.

09:56:17 Okay?

09:56:17 We haven't seen that out there since.

09:56:21 So that's the reason you don't have the same people here

09:56:27 tonight.

09:56:28 >>MARTIN SHELBY: Council, if I may make a suggestion.

09:56:32 I do recall talking with them before that.

09:56:39 If there is -- if this case should move forward, it does

09:56:47 come back to council in the daytime for a second reading and

09:56:50 public hearing, which is a whole new public hearing, at

09:56:54 which time those who did not testify or did not come tonight

09:56:58 could still have the opportunity to present competent

09:57:01 substantial evidence at the second hearing.

09:57:04 >>MARY MULHERN: Mr. Shelby, I believe at the very least, we

09:57:10 should ask if there is anyone here from the public who

09:57:14 wishes to speak on this.

09:57:18 >> How are ya'll doing? I live on 42nd and Osborne, 4618.

09:57:35 And I would like to say that I have a family. And for me to

09:57:50 continue on negatives for a business, and if we get called

09:58:03 home, you heard me to my heart what you say about that

09:58:09 particular spot.

09:58:10 But I can tell you, I would be around that neighborhood

09:58:14 every day and make a difference and give back to the

09:58:19 neighborhood, school supplies, helping with the poor

09:58:22 families, clothing, shoes, everything.

09:58:28 I came a long ways, a long ways.

09:58:35 You have, too, council.

09:58:37 But I can say that I have made a difference in the

09:58:39 neighborhood, and for anybody not to be here to speak up on

09:58:43 why, I have a family to provide for.

09:58:51 That means an income to me and my wife, my kids.

09:59:01 And I take care of elderly people.

09:59:06 I was here last month, a couple months back, and everything

09:59:21 was fine.

09:59:21 I work hard to get where I'm at now.

09:59:24 >>FRANK REDDICK: Let me ask you.

09:59:28 >> And the neighborhood where people get arrested.

09:59:31 People get arrested all over Tampa.

09:59:33 >> Let me ask you one question.

09:59:34 >>MARY MULHERN: Councilman Reddick, he has his three

09:59:39 minutes.

09:59:39 >>FRANK REDDICK: Okay.

09:59:41 >>MARY MULHERN: Let him finish speaking.

09:59:43 Then council has an opportunity.

09:59:45 >> I thank God that I have peace in my heart.

09:59:48 I got peace in my life.

09:59:49 And I thank God that I am a man of God, and I wouldn't dare

09:59:58 look at a neighborhood and look at a business and tray to be

10:00:02 judgmental.

10:00:03 I wouldn't do that.

10:00:07 Never in a million years.

10:00:11 You ride by it.

10:00:12 You may see what you see.

10:00:14 I don't know why, I comply with the cops, I mean the police

10:00:18 officers, about getting signs in the windows, no

10:00:23 trespassing, all of that.

10:00:25 I signed the paperwork for that.

10:00:28 Noon hanging out.

10:00:29 And I would not allow it.

10:00:34 You got some around the neighborhood that northbound that be

10:00:38 I'm not around, my wife, my kids in the store working, they

10:00:43 can't run outside and say, hey, you have to have leave from

10:00:46 in front of the store.

10:00:47 But when me and my wife are present on the property, they

10:00:51 leave.

10:00:53 It's not always what you see when you drive by.

10:00:56 It's not always about where people get arrested at.

10:00:59 (Bell sounds)

10:01:01 My business, the legacy that I got going for my family

10:01:04 doesn't even have nothing to do with people getting arrested

10:01:08 in that neighborhood.

10:01:08 >>MARY MULHERN: I want to understand who is the petitioner.

10:01:17 You own the business and operate it?

10:01:19 >> Yes, ma'am.

10:01:20 >>MARY MULHERN: And, sir --

10:01:24 >> I'm a professional.

10:01:26 >>CHAIRMAN: Please come up and explain.

10:01:27 So you are representing him?

10:01:29 >> Yes.

10:01:33 I'm a developer, builder.

10:01:35 >>MARY MULHERN: Okay.

10:01:38 So you came to represent him, but you own the property and

10:01:41 operate --

10:01:42 >> Yes.

10:01:42 >> My uncle used to do a lot of work, and owned the company

10:01:50 for a long time, so the opportunity to make it bigger, and

10:01:55 he appointed Mr. Tom hill to assist me and my family in

10:02:00 getting this add-on, addition to the property.

10:02:03 >>MARY MULHERN: Okay.

10:02:04 Councilman Suarez?

10:02:06 >> I just have one quick question.

10:02:08 And Mrs. Feeley, when you wanted to take a photographs, were

10:02:14 the signs out there for the public hearings?

10:02:19 It looks like there was one on the 42nd street side and one

10:02:23 on the Osborne side, and what's in our packet.

10:02:29 I want to make sure when you took the recent photographs

10:02:32 that the signs were there.

10:02:33 >>ABBYE FEELEY: I am --

10:02:37 >>JULIA COLE: I am going jump in and answer that question.

10:02:39 The question is whether or not the notice requirements have

10:02:41 been met.

10:02:42 And an affidavit at the previous hearing was put in showing

10:02:46 that all the notice requirements were met, the case was

10:02:50 proper from a notice perspective at the previous hearing to

10:02:52 go forward, and continued with site plan issues.

10:02:55 So when it was continued to today's date, the notice that

10:02:59 was set forth at that time was continued on the record, and

10:03:03 therefore there are meeting today is properly noticed.

10:03:07 There is no obligation for the petitioner to have put out a

10:03:10 new posting or to mail any additional letters in order to

10:03:17 comply with today's code.

10:03:19 So I could have Ms. Feeley testify as to what she saw when

10:03:22 she was out there but for the purpose of notice that's not

10:03:25 really an appropriate question.

10:03:26 >> Thank you.

10:03:28 >>MARY MULHERN: I have a question that Councilman Reddick

10:03:35 has a question.

10:03:37 Either from you or Mr. Hill.

10:03:40 Now, you are asking for planned development in order to put

10:03:44 this addition on.

10:03:48 And maybe it's for you.

10:03:50 No, it's for you.

10:03:51 >> We don't have enough room for what we want to do.

10:03:56 So we just figure to add on, be just to make more money.

10:04:04 Because as we all remember as to what we could do.

10:04:07 >>MARY MULHERN: Okay.

10:04:09 Mrs. Feeley.

10:04:12 And that qualifies by adding category of sales, that

10:04:18 qualifies it to be called --

10:04:21 >>ABBYE FEELEY: Land development.

10:04:22 Part of their problem here is you have a nonconforming use,

10:04:29 a nonconform structure, nonconform lot.

10:04:32 They couldn't apply for a CG district.

10:04:34 They only have 5,000 square feet.

10:04:37 The only way for them to become a conforming use with would

10:04:41 be to utilize a PD application.

10:04:44 The reason why the use -- or they remain non conforming.

10:04:51 >>MARY MULHERN: I understand that.

10:04:53 But I don't see how that particular type of PD, retail strip

10:05:00 shopping center --

10:05:05 >> Because of the addition of being used as a separate suite

10:05:09 for the barbershop everybody?

10:05:11 >> that sentence not his intention any longer.

10:05:13 Then we could correct that to be a retail use or to be

10:05:16 whatever it is.

10:05:18 That is the way it was explained to me when this application

10:05:20 came in, wags that there was a desire for there to be

10:05:23 another suite there, one-chair barbershop, one sink, and the

10:05:28 way that that is handled, when --

10:05:35 >>MARY MULHERN: Okay, so if he had come in just saying he

10:05:38 wanted to expand the sales in his, right now it's a store?

10:05:43 >> It came due to the fact that I couldn't, now, prepare my

10:05:48 dreams on being a barber.

10:05:49 I started school and I was about to graduate.

10:05:51 So we didn't have enough room to do the barbershop.

10:05:54 >> Let's say he would have come in and wanted no expansion,

10:05:59 balks he he's a nonconforming use there.

10:06:01 >>MARY MULHERN: I understand that.

10:06:02 >>Are then it would have been straight retail.

10:06:04 But because he was asking this other use, that --

10:06:09 >>MARY MULHERN: Okay, okay, I guess my question for you is,

10:06:12 what is it that you want to do now?

10:06:14 >> Be now, I just want to, you know, came up with more ways

10:06:21 to make money and, you know, make it bigger.

10:06:23 >> And what is it?

10:06:25 >> More shelves so we can put more things in it.

10:06:28 >> what are you selling right now in your store?

10:06:31 >> We are certified to cook hot food.

10:06:35 We do hot wings, fried wings, fries, burgers and fries, and

10:06:40 corn dogs and shrimp, fish, we do all of that, you know.

10:06:44 And we could do snow crabs, you know, steam them, you know,

10:06:48 because we eat them a lot from Winn-Dixie.

10:06:51 >> So has it been a restaurant then for all this time?

10:06:55 Or --

10:06:56 >> It's -- we have our tobacco license.

10:07:00 We have our tobacco license, and we get our drinks and

10:07:04 stuff, you know.

10:07:05 We have Coca-Cola, coolers and all that stuff, and ice

10:07:09 cream.

10:07:10 Got toilet paper.

10:07:10 >> So a convenience store?

10:07:14 And now you want to expand it?

10:07:17 >> yes, make it bigger so, you know, we are only limited to

10:07:20 do so much in the about little building, you know.

10:07:24 So shall if we are going to run a business, you know, we

10:07:28 have, you know, making more money, so basically making it to

10:07:37 make more money.

10:07:38 That's about it.

10:07:39 And it's definitely not for nobody to hang out or nothing

10:07:42 like that.

10:07:42 >>MARY MULHERN: Thank you, thank you.

10:07:48 Councilman Reddick.

10:07:49 >>FRANK REDDICK: Have you ever attended the neighborhood

10:07:53 association meetings?

10:07:53 >> No, sir.

10:07:54 I never knew about them.

10:07:56 I never knew about them.

10:07:57 I speak with Mr. Graham, my neighbor, to the store all the

10:08:00 time.

10:08:01 I see him every morning.

10:08:05 I mean, he walks this way and I walk that way and I pick up

10:08:09 paper on both sides of the room, 42nd going to my business,

10:08:13 every morning.

10:08:13 >> I suggest that you get the information that I spoke of.

10:08:18 >> Yes, sir.

10:08:20 I mean, if there's anything that I can help the neighborhood

10:08:22 out, you know, the hanging out and littering all around the

10:08:30 neighborhood, I can do the best I can.

10:08:32 But I don't want to be to the point where I jeopardize my

10:08:35 business or my family.

10:08:36 >>MARY MULHERN: Councilwoman Montelione.

10:08:39 Did you have a question?

10:08:40 >>LISA MONTELIONE: Yes, I do, as a matter of fact.

10:08:43 And I'm wondering if I saw the pictures of the building.

10:08:50 It looks very old.

10:08:51 >> It's a very old building.

10:08:54 >>LISA MONTELIONE: I'm wondering about adding an addition

10:08:56 on to a historical building?

10:08:59 I mean, is there -- well, I see on here, it's applicant

10:09:09 shall meet with urban design coordinator, embellishment for

10:09:13 the proposed structure in conjunction with the East Tampa

10:09:16 overlay district.

10:09:19 I see it's got to conform to East Tampa design guidelines.

10:09:23 >>ABBYE FEELEY: Land development.

10:09:26 This is a structure over 51 years old.

10:09:29 It is not a contributing structure.

10:09:30 Those notations are on there for the addition portion -- not

10:09:35 the addition given that it's new construction would need to

10:09:38 comply with the East Tampa mixed use overlay district.

10:09:43 That's where that came from.

10:09:47 >> The building was built --

10:09:49 >> 48.

10:09:49 >> 1948?

10:09:50 And it's not a contributing structure?

10:09:53 >> Anything over 51 years of age is routed through HPC when

10:09:57 it comes in for DRC and there was no comment made to it

10:10:00 being a contributing historic allege structure.

10:10:02 >> Really?

10:10:03 >> Yes.

10:10:04 >> I mean, looking at that, it definitely has character.

10:10:08 I mean, those are the types of building that I want to

10:10:15 retain the character ever.

10:10:16 Because we lose our historical structures that way.

10:10:19 But looking at the plans and looking at what they are asking

10:10:23 for, I don't see anything in our code.

10:10:29 And again, there are reasons why our code needs to be

10:10:32 updated.

10:10:34 And they have become evident with every case.

10:10:37 I don't see anything that isn't allowable under our code

10:10:42 with what has been presented.

10:10:43 >> if I am right, the only description we have for 2001

10:11:01 historic businesses -- disparate businesses operating under

10:11:06 one roof is that strip maul but that doesn't apply anymore

10:11:09 because we are not looking to do the barbershop, just

10:11:12 expanding the retail use.

10:11:14 So then the issue is whether or not we are going to allow

10:11:17 the expansion of a nonconforming use at the site.

10:11:23 And is that correct?

10:11:26 Is that the only issue that we are addressing?

10:11:28 So the only question before us is whether or not we are

10:11:31 going to allow the expansion of a nonconforming use? Shall.

10:11:37 >>ABBYE FEELEY: Land development.

10:11:38 That being said, the existing structure with no expansion --

10:11:45 >>ABBYE FEELEY: Right.

10:11:46 Even if they were before you with no expansion the question

10:11:49 is still the same because granting this PD makes the

10:11:52 nonconforming use conforming.

10:11:54 Which means in case of destruction, et cetera, it would be

10:11:57 able to be rebuilt.

10:12:01 If you choose not to grant that this evening, with

10:12:05 expansion, without expansion, then that nonconforming use

10:12:09 may continue until it no longer continues.

10:12:13 And at that point, as nonconforming use, and the

10:12:18 classification of a nonconformity, it would go away, which

10:12:22 is the purpose of calling something nonconforming.

10:12:24 When you call it nonconform, the purpose is than at some

10:12:27 point in time it terminates.

10:12:29 So than is the question before council tonight.

10:12:33 >>LISA MONTELIONE: But that's not what is written here.

10:12:46 We are being -- I don't understand what we are being -- Mrs.

10:12:53 Feeley, are we -- we are no longer being asked to grant a PD

10:12:58 for retail sales strip shopping center, from what I can

10:13:02 tell.

10:13:02 So are we able to --

10:13:06 >>ABBYE FEELEY: You can make the modification, should it be

10:13:10 your desire that it be retail sales only, then it would be

10:13:13 retail sales only and that would be the proposed use listed

10:13:16 on the PD.

10:13:17 Yes.

10:13:17 And for clarification, retail sales, retail less than 10

10:13:25 feet even if they are still serving food, it's for retail.

10:13:28 I don't know if that's helpful.

10:13:29 >>LISA MONTELIONE: You have the opportunity for --

10:13:35 >>MARY MULHERN: You have opportunity for rebuttal for you

10:13:37 or Mr. than --

10:13:49 >> Thanks for everyone's cooperation.

10:13:59 The whole thing, if we leave this building the way it is,

10:14:03 you are leaving a dead-end.

10:14:04 At least if you change -- the PD, it doesn't change any,

10:14:09 whatever you want to call it, no matter what, doesn't change

10:14:13 anything about social issues, no matter.

10:14:15 But the one thing that it does change, if we take it from

10:14:20 being a nonconforming use, to a use that is conforming, that

10:14:28 is something, if this man's store build down he can build it

10:14:32 back again.

10:14:32 >>MARY MULHERN: Okay.

10:14:37 Thank you.

10:14:38 Can I have a motion to close the public hearing?

10:14:44 >>LISA MONTELIONE: I just want to ask staff.

10:14:46 Because this is a policy issue for us.

10:14:49 Correct?

10:14:49 I mean, Ms. Cole, this is -- do we want to -- and I brought

10:14:55 up issues like this before.

10:14:56 As a policy, do we want to bring nonconforming structures

10:15:05 into a legal conforming structure as a policy?

10:15:10 Because that's what in essence we would be doing.

10:15:13 We would be taking a nonconformance, correct?

10:15:16 And we would be making it a legal conforming use.

10:15:21 And, again, this is some policy that we would then be

10:15:27 setting.

10:15:32 >>: Can I try to answer this?

10:15:33 Because I really would like this at the last meeting where

10:15:38 counsel answer as legal question.

10:15:39 This is a zoning question and has to be based on this

10:15:43 individual specific case, and request.

10:15:49 It is not a policy question.

10:15:52 That's something that we ask --

10:15:54 >>LISA MONTELIONE: Well, that's not what I mean by bringing

10:15:56 that up.

10:15:57 If we grant this, you are asking if this sets a precedent?

10:16:02 >>LISA MONTELIONE: I'm saying that we -- let me liken it to

10:16:08 something else.

10:16:09 >>MARY MULHERN: No, I think I understand what you are

10:16:10 saying.

10:16:11 What I'm saying is, whether you want something to be brought

10:16:14 into conformity depends on the property, and that's why we

10:16:18 do these individual zonings individually.

10:16:21 In some cases you do, in some cases you don't so it's not a

10:16:25 broad policy question.

10:16:26 >> Do you agree with me, attorney?

10:16:32 >>JULIA COLE: Legal department.

10:16:33 I agree with you all.

10:16:35 No.

10:16:35 [ Laughter ]

10:16:39 >> That's not always true, and gosh.

10:16:44 What we are looking at is an individual zoning coming in

10:16:47 front of you, a question of whether the PD criteria are met.

10:16:50 But you are looking at an existing structure that is

10:16:54 nonconforming.

10:16:55 So you have as part of your evidence and knowledge that this

10:16:58 is for a period of time operating and can continue to

10:17:00 operate as a nonconformity but when you are looking at it as

10:17:05 an individual zoning like you look at any individual zoning

10:17:07 and Lou at the criteria, you look at whether or not this use

10:17:10 being a legal using with the structure being a legal

10:17:13 structure is compatible, compatibility criteria with this

10:17:18 area.

10:17:19 You know, you have seen the maps, you know what this

10:17:22 business is surrounded by, you know what the land use

10:17:25 classification is, and you know what the zoning, the current

10:17:27 zoning classification not only as of this property, but the

10:17:30 surrounding property.

10:17:32 So it's a mixture of a policy question, and a question of

10:17:38 analyzing this particular project, because you are looking

10:17:41 at both of those questions.

10:17:43 But from the PD criteria, looking at the fact that this is

10:17:47 an existing nonconform use, and looking at it in

10:17:50 compatibility criteria and the other criteria and code, that

10:17:54 certainly should be part of your analysis.

10:17:56 >>LISA MONTELIONE: Move to close the public hearing.

10:18:03 >> Second.

10:18:06 >>MARY MULHERN: All in favor?

10:18:07 Anyone opposed?

10:18:23 >>LISA MONTELIONE: I would like to move an ordinance

10:18:24 approving the rezoning of a property in general vicinity of

10:18:28 4020 east Osborne Avenue in the city of Tampa, Florida and

10:18:31 more particularly described in section 1 from zoning

10:18:34 district classifications RS-50 residential single-family to

10:18:37 PD planned development, retail sales, providing an effective

10:18:40 date.

10:18:42 And I believe we did have a revision sheet.

10:18:45 So it would be along with revision dated September 8, 2011

10:18:51 as provided by staff.

10:18:52 >> And as modified by council to change the use to retail

10:18:59 sales, convenience goods.

10:19:05 >>LISA MONTELIONE: What Abbye just said.

10:19:08 >>MARY MULHERN: Is there a second?

10:19:12 >> I'm going to second it.

10:19:14 >>MARY MULHERN: Motion made by Councilman Montelione,

10:19:17 seconded by Councilwoman Capin.

10:19:19 All in favor?

10:19:26 Want to do voice?

10:19:28 Oh, I'm sorry.

10:19:29 Opposed?

10:19:30 >> No.

10:19:31 >>THE CLERK: Motion carried with Reddick and Cohen voting

10:19:38 no and Miranda being absent.

10:19:42 Second reading and adoption will be on September 22nd at

10:19:46 9:30 a.m.

10:19:55 >>MARY MULHERN: That concludes our agenda.

10:19:58 For tonight.

10:19:59 New business.

10:20:00 Councilman Suarez?

10:20:01 >>MIKE SUAREZ: I have several pieces of new business all

10:20:06 part and parcel to each other.

10:20:08 The first one, I would like council be requested to prepare

10:20:14 a commendation honoring national recovery month during the

10:20:16 month of September which for most, recovery in all of its

10:20:21 forms possible for presentation at a future date.

10:20:22 >>MARY MULHERN: Recovery?

10:20:27 Wharf do you mean recovery?

10:20:28 >> Well --

10:20:36 >>HARRY COHEN: Second.

10:20:37 >>MARY MULHERN: All in favor?

10:20:39 Okay.

10:20:42 We are on TV, you know.

10:20:45 That council be requested to prepare a commendation Tampa

10:20:51 Bay Inc. for bringing awareness to prostate cancer for their

10:20:55 mission of improving the quality of life to our community

10:20:58 for the month of September, prostate cancer awareness month

10:21:01 for presentation at a future date.

10:21:03 >>HARRY COHEN: Second.

10:21:04 >>MARY MULHERN: All in favor?

10:21:05 Anyone opposed?

10:21:06 Okay.

10:21:06 >>MIKE SUAREZ: That council be requested to prepare

10:21:10 commendation for the tobacco free partnership of

10:21:12 Hillsborough which encompasses Hillsborough County anti-drug

10:21:15 alliance and their students working against tobacco be to

10:21:20 commend the students for their tireless efforts of reducing

10:21:23 the access of candy flavored tobacco products to our youth,

10:21:27 to be presented at the October 20th regular session.

10:21:31 >> Second.

10:21:33 >>MARY MULHERN: All in favor?

10:21:34 Anyone opposed?

10:21:35 >>MIKE SUAREZ: That the council also invite the

10:21:38 tobacco-free partnership and its students to give a short

10:21:41 presentation on their mission and goals at the start at the

10:21:44 October 20th regular session.

10:21:45 Students working against tobacco are engaged in their

10:21:50 schools and communities educating youth about the hazards of

10:21:54 tobacco.

10:21:54 >> Second.

10:21:55 >>MARY MULHERN: All in favor?

10:21:56 >>MARTIN SHELBY: I'm sorry, council.

10:22:09 So the agenda is clear, at least council would have some

10:22:12 sort of time.

10:22:14 >>MIKE SUAREZ: I would put 9 a.m.

10:22:20 >>MARTIN SHELBY: And about how long do you expect?

10:22:23 >>MIKE SUAREZ: Ten minutes at the most.

10:22:25 >>MARY MULHERN: I think we already voted on the motion.

10:22:27 >> You did.

10:22:28 And lastly, I respectfully request that the council consider

10:22:31 a resolution that urges tobacco retailers to help curb the

10:22:35 sale of candy flavored tobacco products to youth in the City

10:22:38 of Tampa.

10:22:40 This resolution, I would like to complement as a recently

10:22:44 passed resolution by Hillsborough County commission, and to

10:22:46 appear on the October 20th regular session agenda.

10:22:50 >>HARRY COHEN: Second.

10:22:52 >>MARY MULHERN: All in favor are?

10:22:55 Anyone opposed?

10:22:57 You are not going to pediatric propose prohibition next?

10:23:02 Shall.

10:23:04 >>MIKE SUAREZ: Well, prohibition is -- never mind, we won't

10:23:09 gone there.

10:23:09 >>MARY MULHERN: Councilwoman Capin?

10:23:13 >>YVONNE CAPIN: Yes, I do.

10:23:16 On October 27th on our workshop at 10 a.m., we have a

10:23:20 workshop to present the results of neighborhood survey on

10:23:23 urban trees.

10:23:25 I would like parks and rec to come for to advise -- in light

10:23:36 of what happened during the last hurricane that went up the

10:23:39 east coast and the trees that fell and killed people, I know

10:23:44 that I did talk to someone in parks, and they are taking a

10:23:48 survey, just about this.

10:23:50 I would like them to report, a staff report, on this very

10:23:56 issue, what their findings were pertaining to how to let the

10:24:04 public know to take care of their trees, because we are

10:24:09 definitely in a hurricane state.

10:24:15 >> Second.

10:24:19 >>MARY MULHERN: All in favor?

10:24:25 Anything else?

10:24:27 Councilwoman Capin?

10:24:30 Councilman Reddick?

10:24:32 >>FRANK REDDICK: Just one item.

10:24:34 Requesting that a resolution be for September 21, 2011 to be

10:24:41 recognized as international day of peace.

10:24:43 >>MIKE SUAREZ: Second.

10:24:45 >>MARY MULHERN: All in favor?

10:24:47 Anyone opposed to peace?

10:24:49 >> You never know.

10:24:58 >>MARTIN SHELBY: For the record, I provided copy to council

10:25:05 and the original to the clerk, the original resolution.

10:25:10 >>YVONNE CAPIN: I want to remind everyone, in 1948, 1949 and

10:25:14 1950 are not antique, they are mid century.

10:25:20 Thank you.

10:25:21 >>MARY MULHERN: I appreciate that, too.

10:25:35 I have a request of council that I believe you have received

10:25:40 my updated draft letter that I'm asking council to join me

10:25:50 in basically saying hello to Cuba.

10:25:57 It's because I am traveling tomorrow to meet up with the

10:26:07 first commercial flight to Cuba since 1951.

10:26:11 And -- I mean in 51 years.

10:26:17 Something like that.

10:26:18 And I hope you have had a chance to be read it and I hope

10:26:21 you will support me.

10:26:25 And it's a historic occasion for us.

10:26:29 After all these years, 51 years that we haven't had flights

10:26:37 to Tampa, and we are sitting in front of the Mascotte, our

10:26:44 city seal, and would like to ask you support my bringing

10:26:49 these greetings to the Cuban government, and acknowledging

10:26:52 and celebrating our opening up at least of commercial

10:26:57 flights to Cuba.

10:26:58 >> if I may make a point of order on the discussion.

10:27:13 I applaud the fact you are going to Cuba and I know that you

10:27:15 have been to Cuba before.

10:27:16 This is not something I would be able to support.

10:27:20 It puts on us as if we are talking government to government,

10:27:30 and I do not feel comfortable with that.

10:27:33 I think that the area of our connection to Cuba, our

10:27:37 historical connection is not only long and varied, it's

10:27:39 something that runs through my veins, and it's not something

10:27:42 that I take lightly.

10:27:43 So I don't think that, at this time, this is the proper way

10:27:48 for us to present our credentials or to even say hello to

10:27:53 the people of Cuba through this particular letter.

10:27:56 I can't support it.

10:27:57 >>MARY MULHERN: Okay.

10:28:11 Any new business?

10:28:13 >>HARRY COHEN: I do, actually.

10:28:16 I would like to ask staff to come on September 22nd at

10:28:22 10 a.m. during the staff report period of our City Council

10:28:26 meeting to talk again about the traffic diversion plan

10:28:33 related to the closing of the Platt Street bridge.

10:28:36 My office is continuing to be inundated with questions about

10:28:42 how particularly people on Davis Island are going to be able

10:28:46 to get off the island on their way to work in the morning

10:28:51 and return to the island at night.

10:28:52 There's a lot of confusion about which way people are going

10:28:56 to enter downtown, which streets are going to be closed.

10:28:59 I think it would be a good idea for us to hear from staff

10:29:02 again about what the alternative transportation plans are.

10:29:05 That's number one.

10:29:06 And number two -- well, let me ask that as motion number

10:29:10 one.

10:29:12 So I would like to -- September 22nd at 10 a.m.

10:29:16 And the reason for so soon is because of course the bridge

10:29:19 is going to be closing --

10:29:23 >>MIKE SUAREZ: I second that.

10:29:24 >>MARY MULHERN: All in favor?

10:29:26 >>HARRY COHEN: Second, I would like to ask for the

10:29:31 assistance of the newspapers in our community in publicizing

10:29:36 the alternative routes that heir being suggested by the city

10:29:40 and the county for people to have take when the Platt Street

10:29:43 bridge closes.

10:29:45 It would be very helpful if all the newspapers would be

10:29:49 publish the maps, remind people of the restrictions that are

10:29:52 going to be placed on them and give them a sort of regular

10:29:56 reminder of what some of the traffic pattern changes are

10:30:01 going to be, because this is going to be a very complex and

10:30:04 difficult 90 days for people that live in the area just

10:30:10 south of downtown.

10:30:11 Thank you.

10:30:13 That's all.

10:30:13 >>LISA MONTELIONE: Thank you, Madam Chair.

10:30:23 I would like to make a blanket motion, because there were a

10:30:28 couple of ordinances that we moved forward on first reading

10:30:31 that the revision sheets were not included in the original

10:30:34 motion.

10:30:35 So if I could just make a blanket motion that any revision

10:30:38 sheet that would be related to an ordinance moving forward

10:30:42 this evening be attached to that ordinance.

10:30:45 >>HARRY COHEN: I second and thank you, because I'm one of

10:30:49 the people that forgot one of the revisions.

10:30:58 >>MARTIN SHELBY: Council, thank you for doing that. And I

10:31:00 believe there were some that were not part of the motion.

10:31:03 And I had the opportunity to discuss this with Ms. Cole and

10:31:06 we do agree that it is sufficiently part of the record.

10:31:12 And anybody leaving would have the understanding that it

10:31:14 would include the revision sheet that were referenced and

10:31:18 agreed to by the petitioners.

10:31:20 So I would say that a motion to do that would be to complete

10:31:25 the record and it would be in order.

10:31:26 >>LISA MONTELIONE: That's what I am looking to do is just

10:31:29 clarify the record.

10:31:30 >> (off microphone)

10:31:35 >>MARTIN SHELBY: It's unusual to do but I would say that in

10:31:37 order to cross all the Ts and to dot the Is in lieu of

10:31:44 the fact it wasn't done as part of the motion, it was still

10:31:48 clear by the record that those were incorporated.

10:31:50 It was just not explicitly said.

10:31:52 So therefore for the sake of clarification, a blanket motion

10:31:56 referencing that would be in order.

10:31:57 >>MARY MULHERN: (off microphone)

10:32:05 >> Aye.

10:32:05 >>LISA MONTELIONE: I would next like to amend the motion

10:32:08 that I had made previously calling Cathy Coyle, Land

10:32:11 Development Coordination, senior assistant attorney Julie

10:32:16 Cole for comprehensive plan review in light of the growth

10:32:19 management laws that is to be delivered to council on the

10:32:22 27th of October at 9:00 a.m.

10:32:25 I would like to amend that motion to add the update for the

10:32:29 economic competitiveness and include that in our workshop

10:32:33 session so that we have another update on economic

10:32:37 competitiveness committee and the possible zoning changes

10:32:41 that will be coming before us, and we include that in that

10:32:45 workshop by October 27th we will have, I believe, two or

10:32:50 three more economic competitiveness committee meetings, so

10:32:55 things will have been moving along quite rapidly by then.

10:32:58 >> I second.

10:33:01 >>LISA MONTELIONE: And that would be here in this chamber.

10:33:11 October 27th.

10:33:12 >>MIKE SUAREZ: 27th, yes.

10:33:16 Partner.

10:33:17 >> Police Officer of the Month at 9 a.m.

10:33:20 Then the comprehensive plan update would be at 9 a.m.

10:33:22 9:30 is the five year action plan that commences in the

10:33:25 beginning of January 2012.

10:33:27 And at 10 a.m. present the results of the neighborhood

10:33:30 survey on urban trees.

10:33:32 >> And the report from staff for hazardous trees.

10:33:42 >>MARY MULHERN: I'm not going to volt to add anything else

10:33:45 to that.

10:33:46 I think we are getting -- our calendar is getting really,

10:33:51 really thick.

10:33:54 >>LISA MONTELIONE: This is one of the lighter days.

10:33:56 This is what it looks like.

10:33:57 >> Do we take a vote?

10:34:13 >>MARY MULHERN: All in favor?

10:34:14 Okay.

10:34:15 >> the vote is not completed.

10:34:27 Any in opposition?


10:34:31 >>CHAIRMAN: I'm in opposition.

10:34:35 I would just pass the gavel.

10:34:37 >>LISA MONTELIONE: It doesn't matter on that.

10:34:42 >>THE CLERK: Motion passed with Mulhern voting no and

10:34:44 Miranda being absent.

10:34:45 >>LISA MONTELIONE: I have one more item.

10:34:49 And that is actually a bit of sad news, and some may have

10:34:55 seen this in the paper today, but a New Tampa resident by

10:35:01 the name of Richard Kerr lost his life this past weekend

10:35:05 while he and his young family took a trip to Daytona Beach.

10:35:09 The cause was from a dangerous riptide that pulled Richard

10:35:13 and his son underneath.

10:35:14 Being the great father that Richard was he saved his

10:35:17 four-year-old son Joseph by telling him to hang onto his

10:35:20 body in the rough surf.

10:35:22 A heroic and selfless act that we all -- Richard is survived

10:35:29 by his wife Lynn and children, Joseph, 4, Jared, 7, and

10:35:34 Jordan, 10.

10:35:35 On behalf of City Council I would like to offer our deepest

10:35:37 condolences to the Kerr family.

10:35:41 We keep you in our thoughts and prayers during this

10:35:43 difficult time.

10:35:44 I would also like to mention, because I did hear just this

10:35:47 past weekend with the storms coming through, and last week

10:35:51 the storms coming through, that there were riptide warnings

10:35:53 here in our gulf.

10:35:55 And I would like to make sure that people understand how

10:36:01 important it is to listen to the warnings that are offered.

10:36:06 And to keep each other and our loved ones safe.

10:36:10 So my thoughts and prayers with the Kerr family.

10:36:17 And if we learn something from the passing of another

10:36:20 individual, it's to never take nature for granted, and the

10:36:25 power of a father's love.

10:36:27 >>MARY MULHERN: Can we have a motion to receive and file

10:36:37 ever?

10:36:37 >> Motion to receive and file.

10:36:38 >> Second.

10:36:39 >>MARY MULHERN: All in favor? Anyone opposed? We are

10:36:42 adjourned.



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