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TAMPA CITY COUNCIL

Thursday, November 10, 2011

6:00 p.m. session


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06:03:15 >>MARY MULHERN: Good evening and welcome to Tampa City

06:03:52 Council, the evening session.

06:03:55 Roll call, please.

06:03:56 >>MIKE SUAREZ: Here.

06:04:00 >>YVONNE CAPIN: Present.

06:04:02 >>FRANK REDDICK: Here.

06:04:03 >>MARY MULHERN: Here.

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

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

06:04:09 >>MARY MULHERN: I have a memo from Councilman Miranda.

06:04:16 Please be advised that he will be unable to attend the City

06:04:19 Council meeting this evening.

06:04:30 Ms. Feeley?




06:04:34 >>MARTIN SHELBY: Madam Chair.

06:04:36 I'm sorry.

06:04:37 >>MARY MULHERN: Yes, Mr. Shelby.

06:04:39 >>MARTIN SHELBY: There was a motion made earlier today

06:04:41 relative to a resolution with regard to Betty P. Wiggins.

06:04:50 >> Councilman Reddick, would you like to move the

06:04:52 resolution?

06:04:54 >>FRANK REDDICK: Move the resolution for Betty P. Williams.

06:04:59 >> Second.

06:05:00 >>MARY MULHERN: Seconded by Councilwoman Capin.

06:05:03 All in favor?

06:05:05 And I believe the funeral will be --

06:05:12 >>FRANK REDDICK: Saturday.

06:05:14 >>MARY MULHERN: Is that in the resolution?

06:05:15 I'll read it for the public.

06:05:16 It's not in the resolution.

06:05:18 The funeral will be held Saturday, and maybe by the end of

06:05:21 the meeting we can get the information so we can announce

06:05:23 it.

06:05:23 >>FRANK REDDICK: 11:00 at Allen temple church.

06:05:31 >>MARY MULHERN: Saturday 11:00 at Allen temple church.

06:05:37 >>ABBYE FEELEY: Land Development Coordination.

06:05:40 I just wanted to go over a few items on the agenda real

06:05:43 quick.

06:05:43 Item number 1, they did not file their affidavit.




06:05:47 I have not heard from that applicant concerning that matter,

06:05:50 so I would just ask you to remove it from the agenda this

06:05:52 evening and I will reset it once I receive -- I will

06:05:58 probably contact them early next week and confirm that

06:06:00 everything is moving forward and give them a new date.

06:06:03 >> Move to remove item 1.

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

06:06:07 Anyone opposed?

06:06:08 Okay.

06:06:11 We'll move on to item 2 S.that your only change on the

06:06:14 agenda?

06:06:17 >>ABBYE FEELEY: For item 7, it has been requested for a

06:06:21 continuance to December 8, 2011 so I would ask that council

06:06:24 would continue that case at this time.

06:06:25 >>MARY MULHERN: Is there anyone who wishes to speak on the

06:06:31 request for continuance?

06:06:38 Do I have a motion to open the public hearing?

06:06:40 >> Motion to open the public hearing.

06:06:42 >> Second.

06:06:42 >>MARY MULHERN: All in favor?

06:06:44 Opposed?

06:06:45 >>MARTIN SHELBY: For the record, I did not see anybody

06:06:47 respond with regard to the request for continuance.

06:06:50 >>MARY MULHERN: Neither did I.

06:06:52 Thank you.




06:06:54 And the last --

06:06:56 >>ABBYE FEELEY: The last item --

06:06:58 >>FRANK REDDICK: Move to continue to December 8th at

06:07:01 6:00 p.m.

06:07:03 >> Second.

06:07:04 >>MARY MULHERN: Seconded by Councilwoman Capin.

06:07:06 All in favor?

06:07:07 Anyone opposed?

06:07:12 >>ABBYE FEELEY: The last item, item number 8, that item

06:07:14 also did not perfect notice, and we have reset it for

06:07:20 December 8th.

06:07:21 When we found that they didn't do their notice, I went ahead

06:07:26 and reset it and it will be moving forward that night so

06:07:28 anyone to speak on that item this evening, that item will be

06:07:31 heard on designation 8th.

06:07:32 >> So item number 8, we need a motion to continue that --

06:07:40 >> It would just be removed from the agenda.

06:07:43 >> Motion to remove item number 8.

06:07:45 >> Second.

06:07:45 >>MARY MULHERN: Motion by Councilman Suarez, seconded by

06:07:50 Councilman Miranda.

06:07:56 All in favor?

06:07:57 Opposed?

06:07:57 >>FRANK REDDICK: Councilman Miranda?

06:08:00 [ Laughter ]




06:08:03 >>MARY MULHERN: He's usually to my right.

06:08:06 [ Laughter ]

06:08:08 >>MARY MULHERN: I'm sorry.

06:08:10 Motion made by Councilman Suarez, seconded by Councilman

06:08:14 Reddick.

06:08:15 All in favor?

06:08:17 Anyone opposed?

06:08:19 So that is removed from the agenda.

06:08:21 >>ABBYE FEELEY: That would be the once held tonight would

06:08:25 be 2, 3, 4, 5, 6, 9 and 10.

06:08:29 >>MARY MULHERN: Thank you.

06:08:33 Item number 2, motion to open the public hearing.

06:08:38 >> So moved.

06:08:39 >> Second.

06:08:39 >>MARY MULHERN: All in favor?

06:08:42 Anyone opposed?

06:08:44 Yes, Mr. Shelby?

06:08:45 >> Thank you, Madam Chair.

06:08:47 This is quasi-judicial.

06:08:50 I would ask that witnesses testifying in tonight's hearing

06:08:53 please be sworn.

06:08:54 >>MARY MULHERN: If there's anyone wishing to speak on any

06:08:56 public hearing tonight, please stand and be sworn in at this

06:08:58 time.

06:08:59 >>THE CLERK: Do you swear to tell the truth, the whole




06:09:08 truth and nothing but the truth?

06:09:09 >>MARTIN SHELBY: Madam Chair, last time I am going to

06:09:17 interrupt.

06:09:18 I just ask that all written material which has been

06:09:19 available for public inspection in City Council's office be

06:09:23 received and filed into the record at this time by motion,

06:09:25 please.

06:09:26 >>FRANK REDDICK: So moved.

06:09:27 >> Second.

06:09:27 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded

06:09:33 by Councilwoman Montelione.

06:09:35 All in favor?

06:09:37 >>MARTIN SHELBY: Thank you.

06:09:38 >>MARY MULHERN: Anyone opposed?

06:09:58 >>ABBYE FEELEY: Land development.

06:10:00 Item number 2 on your agenda this evening, council, is

06:10:03 Z-11-26, 1003 West Platt street and 215 and 217 south Edison

06:10:12 Avenue, from PD planned development to PD planned

06:10:15 development.

06:10:16 The PD on this plot was originally done in 2003, and the

06:10:20 request tonight is to keep that business professional

06:10:24 office, PD, that is on the property, and add which would be

06:10:37 interim parking.

06:10:38 >> Good evening.

06:10:40 Tony Garcia, Planning Commission staff.




06:10:42 I have been sworn.

06:10:46 Just a couple of comp plan maps to show you very quickly as

06:10:53 it relates to the site.

06:10:54 The site is located within the central planning district,

06:11:00 the most opportunity for growth and development and job

06:11:02 creation.

06:11:06 As it relates to the future land use categories, the area is

06:11:11 located right outside of the central business district on

06:11:13 the periphery of the central business district, just south

06:11:16 of the Crosstown expressway, which I will be able to more

06:11:20 clearly show you in the aerial that I have.

06:11:23 But as far as surrounding land use, this is the edge of the

06:11:25 periphery.

06:11:26 This land use designation appears from the mixed use 100,

06:11:31 then RM 35.

06:11:33 Just to the north off the map is Kennedy Boulevard just to

06:11:35 the north.

06:11:37 Cleveland street, which is one way going west out of town,

06:11:41 this is the next street east-west, and the next street Platt

06:11:44 Street, and you can see the subject site doesn't have a

06:11:49 split land use designation, residential 35, and community

06:11:53 mixed use 35 which allows the request of you this evening.

06:12:01 Platt Street itself does represent a low density office type

06:12:05 of district and has evolved as such over the last two

06:12:09 decades.




06:12:10 The request is consistent with the comprehensive plan.

06:12:12 It is complementary to the existing east-west street.

06:12:26 >>ABBYE FEELEY: Land development.

06:12:28 As I briefly stated before, the request this evening is to

06:12:33 maintain the PD that's currently on this property, and then

06:12:37 add some interim parking.

06:12:40 It would be allowed for a period of five years with a

06:12:42 potential one-year extension.

06:12:43 A notation has been added to the plan or is being requested

06:12:46 to be added to the plan, that at the time that six years

06:12:49 expires, should it be the property owner's intent for that

06:12:53 lot to continue, it would need to come back, rezone and then

06:12:57 be brought up to standard as far as paving, landscape

06:13:01 buffers, et cetera.

06:13:03 In the staff report on page 1, there are six waivers, five

06:13:07 which were previously approved as part of the existing PD on

06:13:10 the property, and one that is being requested as part of the

06:13:15 interim parking.

06:13:18 That is to reduce the required 10-foot wide level surface

06:13:22 along Edison street from 10-foot to 6-foot.

06:13:26 Let me show you a little bit about the site and then I will

06:13:29 go over the outstanding items that remain.

06:13:45 Can you hear me?

06:13:46 Tony went over the aerial.

06:13:48 Here is the zoning atlas.




06:13:50 You will see it is a PD shown in green.

06:13:52 There is a small PD just to the west.

06:13:55 This is Edison Avenue to the east, Platt Street to the

06:13:59 south, here is the area of the property.

06:14:07 There is a large tree located directly in the center.

06:14:11 That is going to be protected through this application.

06:14:24 That is a picture of the subject property.

06:14:26 This is from Platt looking north.

06:14:30 This is the eastern side of the site.

06:14:32 Platt Street looking north.

06:14:33 This is the western part of the site.

06:14:39 This is from the property looking east on Edison.

06:14:47 This is at the northeast corner of Edison and Platt.

06:14:53 From Platt looking northwest.

06:14:59 To the south.

06:15:04 And to the southeast.

06:15:15 There are some that need to be made as staff has met with

06:15:21 the engineer and we have gone over those revisions.

06:15:23 I believe the applicant is amenable to all of those

06:15:26 provisions.

06:15:26 This parking lot would serve this restaurant which is just a

06:15:29 few doors down.

06:15:31 Given that this is a PD, and the only allowable uses on the

06:15:34 site currently are business professional office, any parking

06:15:37 lots occurring there are in conflict with the current PD




06:15:41 that's on the property.

06:15:42 So what we are doing this evening is to come in to allow

06:15:45 that to be a use for five years with a one-year potential

06:15:49 extension, and then at the end of that period it would need

06:15:52 to terminate.

06:15:53 Staff is available for any questions.

06:15:55 >>STEVE MICHELINI: I'm here on behalf of Tim Prugh, the

06:16:09 owner of the property.

06:16:10 We have made the revisions consistent with the staff's

06:16:12 request.

06:16:14 We have the revision sheet with where we asked for

06:16:19 additional changes to be made and we concur with those

06:16:21 changes.

06:16:21 If you have any questions, I will be happy to answer them.

06:16:23 >>MARY MULHERN: I'm just trying to understand.

06:16:32 So the original PD was for office, professional, and when

06:16:40 was that?

06:16:42 >>STEVE MICHELINI: About seven or eight years ago.

06:16:46 The PD has expired.

06:16:48 And in order to reinvest it, we have to file a new petition.

06:16:51 No changes were made from that previous --

06:16:54 >>MARY MULHERN: Nothing changed from then?

06:16:56 >> Nothing has changed.

06:16:58 >>MARY MULHERN: So there was nothing on that property at

06:17:00 that point?




06:17:01 >>STEVE MICHELINI: There was a structure there that was

06:17:03 demolished.

06:17:04 And they thought at the time that we were going to be able

06:17:08 to get the financing to move forward with the office

06:17:10 building, and it didn't happen.

06:17:12 So in the interim, they are proposing to use it for parking

06:17:16 for the restaurant that's immediately to the east.

06:17:20 So that will be at least providing some income, and

06:17:23 providing an interim use which is consistent with the

06:17:26 comprehensive plan.

06:17:27 >> And so your restaurant is just across Edison?

06:17:31 Is that right?

06:17:32 >> It's smoke.

06:17:33 It's at the corner of Boulevard and Platt Street.

06:17:37 About 100 feet.

06:17:40 >>MARY MULHERN: What is that just east of?

06:17:42 >> A dentist office.

06:17:43 >>MARY MULHERN: Okay.

06:17:44 And then the restaurant is just to the east of that?

06:17:49 >>STEVE MICHELINI: Correct.

06:17:51 >>MARY MULHERN: Okay.

06:17:52 Thanks.

06:17:52 >>STEVE MICHELINI: I would be happy to answer any

06:17:57 questions.

06:17:57 >>MARY MULHERN: Any other questions?




06:17:58 Is there anyone from the public who wishes to speak on this?

06:18:06 Do we have a motion to close the public hearing?

06:18:08 >> Motion to close.

06:18:10 >>MARY MULHERN: All in favor?

06:18:11 Anyone opposed?

06:18:17 Mr. Suarez?

06:18:25 >>MIKE SUAREZ: Ordinance being presented for first reading

06:18:28 consideration, an ordinance rezoning property in the general

06:18:30 vicinity of 1005 West Platt street and 215 and 217 south

06:18:35 Edison Avenue in the city of Tampa, Florida and more

06:18:39 particularly described in section 1 from zoning district

06:18:42 classification PD, planned development, office,

06:18:45 business/professional, to PD, planned development, office,

06:18:49 business/professional and interim parking providing an

06:18:52 effective date and including the revision sheet as provided

06:18:54 to us by the administration.

06:18:56 >>HARRY COHEN: Second.

06:18:58 >>MARY MULHERN: Motion made by Councilman Suarez, seconded

06:19:00 by Councilman Cohen.

06:19:03 All in favor?

06:19:07 Anyone opposed?

06:19:08 >>THE CLERK: Motion carried with Miranda being absent.

06:19:11 Second reading and adoption will be on December 1st at

06:19:15 9:30 a.m.

06:19:16 >>MARY MULHERN: Council, can we open these?




06:19:46 Is there any reason not to open all of the items?

06:19:49 Or do we need to open them individually?

06:19:52 >> I believe that we opened all public hearings numbers 2

06:19:57 through 10 excluding numbers 8 and 7.

06:20:05 Sorry, 7 and 8.

06:20:07 >>MARY MULHERN: All in favor?

06:20:11 Aye.

06:20:11 >>ABBYE FEELEY: Land Development Coordination.

06:20:18 Item number 3 is Z-11-38 located at 4720 West Spruce Street.

06:20:23 The request before you this evening is for map municipal

06:20:30 airport for retail, bank with drive-in window and

06:20:33 restaurant.

06:20:33 This is located at the southwest corner of Spruce and

06:20:37 Westshore Boulevard.

06:20:50 >>TONY GARCIA: Planning Commission staff.

06:20:51 I have been sworn in. (Cell phone rings.)

06:21:06 The subject site is located within the Westshore planning

06:21:09 district which is one of the three districts, of course, of

06:21:12 the five districts in the City of Tampa that offers the

06:21:14 opportunity for growth and for job creation. The site is

06:21:16 located within the Westshore Business District, which is

06:21:16 known as an major employment center, one of three.

06:21:28 The others are the central business district in the

06:21:30 university area.

06:21:31 The site is, some of the features within the Westshore




06:21:35 district, are proximity to Tampa International Airport and

06:21:38 also pertaining to major regional malls.

06:21:47 As it relate to the land use categories, the land use

06:21:50 categories are predominantly high, mixed use intensity

06:21:54 potentials.

06:21:55 The predominant land use category, this covers regional

06:21:58 mixed use 100.

06:22:00 Then as we go west, this is public semi-public which

06:22:07 identifies the airport, and then covers municipal airport.

06:22:10 So you have a split lapped use designation for the site in

06:22:14 question.

06:22:15 And let me show you the area east along Boy Scout.

06:22:39 It's new to the region.

06:22:41 Although you can ask what they are going to be bringing to

06:22:48 the area and the region so it's going to be something that I

06:22:51 think will complement the entire Westshore area as well as

06:22:54 the City of Tampa and Hillsborough County.

06:22:56 Planning Commission staff found the proposed request

06:22:58 consistent with the comprehensive plan.

06:22:59 Thank you.

06:22:59 >> I guess I am not allowed to say what it is either.

06:23:32 Both of these applications came in during the time we were

06:23:36 amending the overlay.

06:23:37 So legally they were not obligated to have to comply.

06:23:40 One of the cases chose to comply with the new overlay and




06:23:43 one of them chose to comply with the old overlay.

06:23:46 So this one is confined to the new overlay.

06:23:49 Okay?

06:23:49 That being said, on the staff report, waiver number 3, which

06:23:55 is for a drive aisle reduction of the new overlay allows for

06:23:58 that drive aisle to be at 24 feet.

06:24:00 So waiver number 3 is going to come off.

06:24:03 The other one is waiver number 4 for the reduction, the

06:24:09 first to the new overlay language.

06:24:11 They are only required one voting berth so they are good

06:24:15 with that also and that waiver will also come off.

06:24:17 That being said, there are a couple that are left.

06:24:20 The first is to allow for removal of a 48-inch grand tree.

06:24:24 And if I may for a moment just speak about that.

06:24:27 I did talk with Kathy Becker, parks and recreation.

06:24:31 This grand tree is in marginal health and would not sustain

06:24:34 the developments that would take place on-site.

06:24:36 The parks and recreation is allowing that to come out, and

06:24:40 with that requiring the mitigation that is associated with

06:24:44 that, so that is taken care of in the tree waiver table.

06:24:50 The second waiver is to allow for reduction in the number of

06:24:52 parking spaces by 20% from 170 spaces to 136 spaces.

06:24:59 Moving down to number 5 is to allow for the placement of a

06:25:02 building at 65 feet from the south right-of-way for Spruce

06:25:06 Street.




06:25:09 And the last to allow for the placement of a building of 33

06:25:13 feet to 44 feet from the south right-of-way at Spruce

06:25:16 Street.

06:25:18 What you will see on your site plan, there's one major

06:25:20 anchor on this property located on the western property

06:25:24 boundary, and then there are two smaller buildings that are

06:25:27 being proposed on Westshore Boulevard.

06:25:30 So those two waivers of the placement are associated with

06:25:34 that, and it is also forced by large billboards that are

06:25:40 located on the northern property line that has affected

06:25:45 where the access to this plot can go.

06:25:55 I've stated this is a 3.17-acre site at the west Spruce and

06:26:01 North Westshore Boulevard surrounded by commercial uses with

06:26:04 International Plaza as the corporate center to the north, a

06:26:07 la consistent a to the west, and rental car parking to the

06:26:10 south and the east.

06:26:12 It proposes a total of 42,500 square feet configured with a

06:26:16 single story anchor retail at 24,500 on the western portion

06:26:20 and two outside spaces oriented toward North Westshore

06:26:24 Boulevard at 3350 and 6,000 square feet respectively.

06:26:30 The proposed uses include retail, restaurant, bank and

06:26:34 office.

06:26:35 There is an equivalency major on the site plan that will

06:26:38 allow for some of these uses to be traded off to accommodate

06:26:40 higher square footages.




06:26:44 Let me go ahead and show you some pictures of where we are.

06:26:49 There are some modifications that are required on pages 3,

06:26:52 4, and -- 2, 3, 4 and 5 of your staff report.

06:26:57 I have been in communication with Randy Coen, the engineer

06:27:00 on this project, as well as meeting with Mary yesterday to

06:27:03 take care of all the tree and landscape items.

06:27:05 So I believe the applicant is amenable to all three

06:27:10 revisions being proposed this evening.

06:27:20 As you can see the current property is map 4.

06:27:22 There is commercial intensive to the east, PDA to the north,

06:27:27 the International Plaza PDA, and then also airport property

06:27:30 up there.

06:27:40 Aerial of the site.

06:27:48 Here are some photos.

06:27:51 This is from Spruce looking south.

06:27:56 This is from Westshore looking west of the site.

06:28:00 Kind of looking northwest.

06:28:02 Going down.

06:28:03 There's a fence that surrounds it right now but this is from

06:28:06 the light looking southwest at the property.

06:28:11 To the east of the property coming down Spruce,

06:28:16 international house of pancakes, LaQuinta,

06:28:27 This is the property to the south.

06:28:29 The subject looking south.

06:28:31 Here is looking north.




06:28:35 This is immediately to the east.

06:28:53 This is north of the property.

06:28:54 This is the crate and barrel to the northeast of the site.

06:29:06 The revision sheets.

06:29:07 There are several revisions that need to be made.

06:29:09 I believe I stated that the applicant is amenable to those.

06:29:12 And staff is available for any questions.

06:29:13 >> Ron Weaver, 401 East Jackson Street.

06:29:27 With me tonight is Mr. Michael saber, and Randy Coen, our

06:29:34 engineer planner.

06:29:35 We are grateful, Mr. Garcia, for mentioning that we do have

06:29:39 here in the container store a 24,000 square foot neighbor

06:29:45 that has a store in Hallen Dale, Florida, and a couple in

06:29:48 Atlanta and is a national provider of 10,000 different kinds

06:29:51 of containers, and about 15 times the size of this entire

06:29:55 room, and in those 10,000 different containers is just about

06:30:00 everything.

06:30:00 I was trying to describe it to my wife this afternoon and we

06:30:04 were with our new grand baby, and university community

06:30:09 hospital, and I said there's containers like that at 9,999

06:30:14 other types, and she got it.

06:30:16 And that's exactly what the container store is.

06:30:19 It's 10,000 different kinds of containers.

06:30:22 >> Do they have baby containers?

06:30:25 >> They have -- there's not a container they do not have,




06:30:32 and yes, they do have containers for babies among the

06:30:34 10,000.

06:30:34 We also have 42,500 square feet of retail, compatible with

06:30:40 International Plaza, and the Hyatt and a lot of other uses

06:30:43 that Ms. Feeley described.

06:30:45 I want to thank Mrs. Feeley and the staff for working with

06:30:47 us, and Melanie Calloway, Ms. Cole from legal, and with

06:30:53 respect to the trees.

06:30:54 We do meet full requirements with respect to these four

06:30:57 remaining waivers, and those four are requirements in your

06:31:00 code section 27-324, sub 4, uniqueness and need, not injury

06:31:06 other property owners, number three, with your comp plan and

06:31:10 regulations, number 4, substantial justice for these four

06:31:14 remaining waivers that were itemized from 1345, 27-242,

06:31:19 27-463, 27-463-F.

06:31:22 For the record, for those required reductions.

06:31:25 In order to achieve these jobs, creation, we talked about

06:31:30 representing the local association of neighbors who was glad

06:31:33 to have us describe to him what we were doing and the

06:31:36 association through him, and we would be glad to answer any

06:31:38 questions you might have tonight.

06:31:41 Talked with the airport, Mr. Scott night, it's compatible

06:31:44 with the airport.

06:31:45 Only an envelope about 55 feet, about a third of the allowed

06:31:48 height.




06:31:48 We talked with the airport, talked to them about what was

06:31:51 coming to make sure it was compatible with the airport to

06:31:54 make sure it of its use and we have Mr. Cohen hop would be

06:32:01 happy to answer any questions.

06:32:02 >>LISA MONTELIONE: Mr. Weaver, congratulations on the grand

06:32:13 baby.

06:32:13 >> Councilwoman, thank you.

06:32:17 >>MARY MULHERN: Councilwoman Capin.

06:32:21 >> Is it a boy or girl?

06:32:23 >> Both boys.

06:32:26 >> Sorry, I just dropped everything on the floor.

06:32:29 This is the site plan.

06:32:35 By the way, Randy Coen, West Cypress Avenue.

06:32:38 I have been sworn.

06:32:39 We have Spruce at the top of the page, Westshore on the

06:32:43 side.

06:32:43 The purple is the container store.

06:32:44 It is new to this area.

06:32:47 I believe they have 52 stores nationwide so they are a very

06:32:50 substantial chain.

06:32:53 In this corner we have what is a building that should be

06:32:56 bank united.

06:32:56 We believe they will be moving onto this property as part of

06:32:59 the settlement.

06:33:00 To the south of that, 6,000 square foot retail building with




06:33:03 yet to be determined who will be in that particular

06:33:05 building.

06:33:06 We talked about waivers.

06:33:09 Important things to realize.

06:33:10 We have an existing billboard which we cannot remove,

06:33:14 unfortunately, which causes this building to be set back

06:33:16 from Spruce.

06:33:17 That's 33 and the 44-foot setback.

06:33:21 We also have this being the only access point on Spruce,

06:33:25 because Spruce is a State Road.

06:33:27 When we begin to look at bringing semis into the site to

06:33:31 serve as the container store, this is the only route in, we

06:33:33 end up with a building being 60-some feet back simply to

06:33:37 accommodate bringing a semi onto the property.

06:33:39 With that those are the waivers.

06:33:40 We talked about the street waiver.

06:33:43 There is a very nice tree that's very old and doesn't stay

06:33:46 in place unfortunately.

06:33:47 So with that, that is the site plan.

06:33:50 Glad to answer any questions you have.

06:33:51 And won't take any more of your time at this point.

06:33:55 >> I did have one question.

06:34:05 They wouldn't allow the access to be any closer to

06:34:08 Westshore.

06:34:10 >> As a matter of fact, I met about the D.O.T.




06:34:18 We started the permitting process with them.

06:34:20 This is actually the location of the existing driveway that

06:34:23 services the old dollar car rental facility and maintenance

06:34:26 yard that's here and the existing use, that six foot fence

06:34:31 around.

06:34:31 This is the only location they will allow a driveway

06:34:34 connection on Spruce Street.

06:34:35 >> Why is that?

06:34:36 >> They wanted the distance from Westshore to the

06:34:43 intersection, and there are right turn lanes, they wanted to

06:34:45 keep this back as far as possible.

06:35:08 >> We have two points of access.

06:35:11 This is a very difficult situation for our trucks to come

06:35:14 in.

06:35:14 It is an operation that the truck will leave on Westshore.

06:35:17 But we do have two access points, yes.

06:35:18 >>MARY MULHERN: Anyone from the public who wishes to speak

06:35:28 on this?

06:35:29 >> Do you have anything else?

06:35:39 All in favor?

06:35:42 Councilwoman Capin?

06:36:00 >>YVONNE CAPIN: Thank you, Madam Chair.

06:36:03 An ordinance presented for first reading consideration, an

06:36:05 ordinance rezoning property in the general vicinity of 4720

06:36:09 West Spruce Street in the city of Tampa, Florida and more




06:36:13 particularly described in section 1 from zoning district

06:36:16 classifications map-4 municipal airport to PD planned

06:36:21 development, retail, bank with drive-in window, restaurant,

06:36:25 providing an effective date.

06:36:30 And to include the revision sheet.

06:36:33 >>HARRY COHEN: Second.

06:36:38 >>MARY MULHERN: Motion by Councilwoman Capin, seconded by

06:36:41 Councilwoman company.

06:36:43 All in favor?

06:36:45 Anyone opposed?

06:36:45 >> Motion carried with Miranda being absent.

06:36:48 Second reading and adoption will be on December 1st at

06:36:51 9:30 a.m.

06:36:52 >> Item number 4.

06:37:06 >>ABBYE FEELEY: Land Development Coordination.

06:37:13 Item 4 on your agenda this evening, is Z-11-40 located at

06:37:19 4504, 4506, 4514, 4518, 4522 west Spruce, 4501, 4505, 4521

06:37:29 west Chestnut.

06:37:30 This is just a block to the east.

06:37:35 The request this evening is for RS-50, CI and PD, to PD,

06:37:42 planned development, residential, multifamily.

06:37:46 The PD that's currently on here is a 1979, very old, so

06:37:50 there is no site plan or anything that goes with it.

06:37:59 It was 79-57 so it wasn't anything that was recently done.

06:38:05 The request this evening is for a PD, planned development,




06:38:11 for 300 multifamily residential units.

06:38:29 >>TONY GARCIA: Planning Commission staff.

06:38:30 I have been sworn.

06:38:34 You know, they say that the bumble bee never extinction

06:38:37 twice, but in short order we are getting stung twice right

06:38:41 here in the Westshore area, in close proximity to the last

06:38:44 project you just saw.

06:38:45 So since I have only told you about the Westshore district

06:38:51 and everything that's in it, in context, I am going skip all

06:38:54 of that for your benefit because I think you are going to

06:38:56 remember because I told it to you not long ago.

06:39:00 We are going to concentrate more on the site itself, the

06:39:03 subject site, and show you a little bit of context as it

06:39:06 relates to the site.

06:39:08 We know the predominant land use category is regional mixed

06:39:11 use.

06:39:16 It's represented by the field for Jefferson high school.

06:39:22 And, of course, international mall to the north, and there

06:39:27 is that second stinger was right over there.

06:39:29 That's the site that we just got through looking at, so from

06:39:33 a context standpoint.

06:39:34 As far as all the advantages and being in the district, this

06:39:36 is consistent with policies in the plan that talked about

06:39:41 having increased density in the Westshore area to try to

06:39:45 include the live-work conditions to try to reduce trips that




06:39:48 are generated for the residents that might potentially being

06:39:51 living and working in the Westshore district.

06:39:55 Planning Commission staff found the request consistent with

06:39:57 the comprehensive plan.

06:39:58 Thank you.

06:40:04 >>ABBYE FEELEY: Land development.

06:40:12 I will show you some pictures of the property.

06:40:17 Now, this is the project that fell under the old overlay

06:40:20 requirements.

06:40:23 The first we did went under -- this project is remaining

06:40:28 under the old one.

06:40:29 Mike Callahan with urban design is here this evening.

06:40:32 He did review all the projects in the overlay this evening

06:40:34 as well as the central business district.

06:40:36 So I missed him on the first case.

06:40:46 Since Tony just showed you one similar to this bun, we were

06:40:48 right over here, let me show you that there have been

06:40:51 several multifamily projects recently completed in this area

06:40:56 of the district.

06:40:58 In my staff report I talk about how Westshore has

06:41:02 concentration of residential, but it doesn't necessarily

06:41:07 really have a sole residential area so this will be built in

06:41:10 the millennium at Westshore, and there's also another

06:41:16 property, just not far over from this one.

06:41:23 Here is the zoning map.




06:41:25 We just completed CI, then runs along the Spruce, Boy Scout

06:41:29 corridor.

06:41:30 There's a PD here.

06:41:32 Tripoint.

06:41:35 The millennium here, which is PD, multifamily just to the

06:41:39 east here as well.

06:41:41 The school is located in the RS-50 district.

06:41:51 This is from Boy Scout looking south.

06:41:57 This is vacant now.

06:41:58 Excuse me.

06:42:02 This is looking west of the project.

06:42:07 This is headed down Trask.

06:42:10 This is also a view from Trask looking east.

06:42:14 This is a view from Trask looking east.

06:42:18 This is chestnut on the south of the property looking east.

06:42:26 This is along chestnut looking back to the north.

06:42:29 This is along chestnut looking south.

06:42:33 Kind of alternate in my view when I have gone down the

06:42:36 street.

06:42:36 Back looking north.

06:42:39 This is at the end of chestnut at the end of chestnut and 30

06:42:45 looking back west.

06:42:46 This is on Hesperides looking north.

06:42:56 And then multi-development.

06:43:00 This part of screws has been vacated.




06:43:02 The little access is still there but unimproved.

06:43:08 This is 3rd looking south.

06:43:15 Let me see what else I have.

06:43:16 I think these are repetitive.

06:43:18 Here is the backside of the Phillips development that's on

06:43:24 Hesperides.

06:43:25 This is just east of the project.

06:43:32 This application has ten waivers.

06:43:36 And I would like to briefly go through them.

06:43:39 The first is to allow for the 34-inch hazardous live oak and

06:43:46 35-inch hazardous elm.

06:43:50 The second is to include percentage of trees allowed to be

06:43:53 removed.

06:43:53 This site is over an acre, a little over three, required to

06:43:58 retain 50% of its trees.

06:44:00 It's asking for a waiver to remove 88%.

06:44:02 The third is to waive vehicular use preparation

06:44:06 requirements.

06:44:08 On your site plan on chestnut, you will see that there is a

06:44:13 separation between the driveway that goes into the

06:44:16 apartment, and their driveway at the surface area, per

06:44:21 chapter 14, that little island is required to be landscaped,

06:44:26 and they are proposing to put pavers in there, so that

06:44:29 waiver is being requested.

06:44:32 The fourth waiver is to allow for 100 percent of the




06:44:34 replacement of located trees within the right-of-way.

06:44:39 The fifth is to waive the required landscape buffer from

06:44:42 that portion of the zoning parcel adjacent to the

06:44:47 single-family lot.

06:44:48 Let me just put back up my atlas.

06:44:52 And what we are talking about is the one piece of the lot

06:44:55 that is not under ownership for this project.

06:44:58 So the one piece of the block, excuse me, that's not under

06:45:01 ownership.

06:45:02 It's a 50 by 100 lot just in the southwest corner.

06:45:10 It is vacant right now.

06:45:12 The sixth is to reduce the requirement of off-street parking

06:45:16 spaces by up to 18%.

06:45:19 So requires 552 spaces, and they are asking that they be

06:45:25 allowed to waive up to potentially 18% of those.

06:45:31 The rest of the drive aisle from 26 to 24 feet, to reduce

06:45:36 the loading berth.

06:45:39 The ninth is to allow all proposed loading spaces to only

06:45:43 accommodate a minimum of 30 feet for local delivery trucks.

06:45:47 And the last is to wave the commercial overlay requirement

06:45:50 that the facade of the garage consists of commercial retail

06:45:53 or office use on the ground level.

06:45:57 The request before you this evening is to construct 300

06:46:00 multifamily residential units for the centralized structured

06:46:03 garage.




06:46:04 It's a 3-acre site.

06:46:10 I have gone over the uses adjacent to it.

06:46:12 The PD setbacks being proposed, the north 10-foot, east

06:46:16 10-foot, west 10-foot.

06:46:18 It is a 5-foot adjacent to the RS-50 lots.

06:46:21 The maximum building height being proposed is 74 feet for

06:46:26 the residential building and 67 feet 8 inches for the

06:46:30 structured garage.

06:46:31 As I stated prior, there are 552 spaces required and 453 are

06:46:36 being provided with a waiver for the difference.

06:46:42 This site that Tony mentioned is a regional mixed use 100

06:46:45 category which allows up to 100 units an acre.

06:46:49 If you do performance standards.

06:46:52 And we are proposing those performance standards to achieve

06:46:55 the additional 75 units that would be accomplished on the

06:46:58 property and asking for some notations to be added to the

06:47:02 plan to address those provisions.

06:47:07 Transportation has two minor modifications, and there is a

06:47:12 comment from Mary in relation to the 100 percent tree

06:47:15 removal.

06:47:16 Based on her knowledge, several of the trees on-site

06:47:21 declining, there's evidence of canker and derma on the site

06:47:30 of the trees so staff did not object to the waiver of the

06:47:32 100 percent of the removal because they are not in good

06:47:34 condition.




06:47:35 Staff is available for any questions.

06:47:42 Councilwoman Montelione.

06:47:43 >> Thank you.

06:47:44 I don't know what it is but I'm sure it's a bad thing for

06:47:51 trees.

06:47:51 >>MARY MULHERN: I don't know what it is.

06:47:54 She just told me how to say it real quick.

06:47:56 >> It sound bad.

06:48:02 One of the questions came up during the review that I had

06:48:06 with Ms. Moreda and Julia Cole, and I think Julia has

06:48:11 something to share with us about my question, and that was

06:48:14 the trees that are going to be planted in the right-of-way,

06:48:21 there's a lot of -- $157.

06:48:25 >> And there's a lot of maintenance. So with the city's

06:48:27 finances so constrained, and our maintenance, someone

06:48:31 brought up to me the other day, or I was at a neighborhood

06:48:34 association meeting, and here in the city plants trees, they

06:48:39 take care of them for a while but they don't come back after

06:48:42 a year and prune them.

06:48:43 And I said, well, it because it's very expensive to maintain

06:48:47 those trees.

06:48:48 We are only talking about a few trees.

06:48:50 So for these, that's a lot of maintenance.

06:48:52 >> I spoke with Ms. Cole concerning that matter, and I

06:48:59 believe that Ms. Zellman will speak to that as well.




06:49:03 Pursuant to chapter 13, it does require, although it does

06:49:06 require that some trees be planted in the right-of-way, it

06:49:09 does require that that maintenance is conducted by the

06:49:11 property owner.

06:49:12 So it would be required to be maintained.

06:49:16 We have discussed that.

06:49:17 And given that's included in the bonus criteria and work

06:49:22 through the agreement, it would be in the development

06:49:24 agreement that they would be required to maintain those

06:49:27 trees in perpetuity.

06:49:29 >> And not that I want to be picky but there's a typo on

06:49:35 your revision sheet.

06:49:37 You are missing an E in sidewalk.

06:49:39 >> Oh, thank you.

06:49:48 >>YVONNE CAPIN: Thank you for bringing that up, Mrs.

06:49:50 Montelione.

06:49:50 I, too, was concerned about the right-of-way.

06:49:55 And pruning them.

06:49:57 That is a good resolution.

06:50:00 What I wanted to know is, is this going to be underground

06:50:04 electric?

06:50:05 Power?

06:50:09 >>ABBYE FEELEY: One of the bonus provisions they are going

06:50:11 to agree to do as part of receiving those 75 units would be

06:50:15 to underground what's on Spruce.




06:50:17 On Spruce.

06:50:19 So from the northwest corner of the property to the

06:50:22 northeast corner of the property on Spruce.

06:50:25 It does appear there are some other utility lines on the

06:50:27 other boundaries, but you would need to speak to the

06:50:30 applicant about that.

06:50:30 Right now we have a commitment for undergrounding --

06:50:34 undergrounding for the street side of electric, telephone

06:50:38 and cable.

06:50:39 >> That is a concern with the trees and the power lines.

06:50:42 But I think I would like to hear what is being proposed.

06:50:52 >>ANDREA ZELMAN: Fowler White Boggs here representing

06:50:55 applicant.

06:50:56 I have been sworn.

06:50:57 And I will try to keep it brief. I just want to introduce

06:50:59 my team.

06:51:01 Alan Kohler is here from the developer, playson and Tim

06:51:09 Hayes from types design and links and associates.

06:51:13 The mill creek residential, which if you haven't heard of

06:51:16 them, they are a national apartment developer known for

06:51:20 premium quality apartment communities, and as Abbye

06:51:24 mentioned the site is in the Westshore area.

06:51:27 I just want to point out that both your staff and the

06:51:31 Planning Commission and the Westshore Alliance, in

06:51:34 conversations with us, all noted that there is a real need




06:51:37 for more apartment units in this area with the proximity of

06:51:40 the airport and the mall and other employment centers.

06:51:44 As Abbye mentioned, in order to obtain the additional

06:51:47 density for these apartments on this site, because it is a

06:51:51 small site, we have agreed to meet your bonus density

06:51:56 provisions by providing structured parking with

06:51:59 architectural features on the site, shelter for one transit

06:52:06 stop within proximity of the site or somewhere within the

06:52:08 Westshore area to be determined by Hart, and then pedestrian

06:52:15 streetscape improvements that include undergrounding of

06:52:18 electric, capable, utilities along Spruce Street,

06:52:21 streetlighting every 56 feet, two trash containers, one bike

06:52:29 wrack, a 5-foot sidewalk along chestnut and then 8-foot

06:52:33 sidewalk along Spruce Street.

06:52:36 And I would note that providing these additional amenities

06:52:39 is going to cost the developer an additional 22 -- $200,000

06:52:46 for this project.

06:52:47 Again, did we meet with the Westshore Alliance.

06:52:50 We set our site plan -- sent our site plan to the

06:52:54 neighborhood association, Carver City, Lincoln Gardens, and

06:52:57 spoke with Dr. Harvey, and they have no objections to the

06:53:00 plan, the Westshore Alliance is supportive.

06:53:02 In addition Mr. Kohler contacted the principal of Jefferson

06:53:05 high school because he wanted to make him aware of what was

06:53:07 going in, just north of the ball field behind the high




06:53:10 school, and the principal was very appreciative.

06:53:15 That so I would just like to say that your staff report and

06:53:19 the Planning Commission report shows that we are consistent

06:53:21 with your code requirement, and the comp plan requirements.

06:53:30 No one that would have interest in this has made any

06:53:33 objections whatsoever, and we therefore hope you will vote

06:53:35 to support it.

06:53:39 I am glad to answer any questions.

06:53:41 But right now I would like to turn it over to Andreas to

06:53:45 give you specifics about the site plan and what's being done

06:53:48 there.

06:53:48 Thank you.

06:53:48 >> Good evening.

06:53:55 Just to briefly go over the site plan for the apartments.

06:53:59 The purple --

06:54:00 >> Would you hold that higher up so we can see it a little

06:54:03 better?

06:54:04 >> All right.

06:54:06 Much better.

06:54:07 The green shows where our site is.

06:54:09 This is the single-family homesite that's currently vacant.

06:54:13 The purple is representing our apartment complex. This is

06:54:13 our structured parking. Our leasing office will be here on

06:54:13 the ground floor in yellow. We have a west and east

06:54:13 courtyard.




06:54:33 Additionally, the yellow area shows visitor parking and our

06:54:37 gate.

06:54:37 There will be a call box here so visitors coming to the

06:54:39 community can either call the resident or the leasing office

06:54:45 to gain access to the community.

06:54:47 Additionally, the two loading docks we talked about here

06:54:50 shown in red and our compact/garbage area shown here

06:54:56 adjacent to that.

06:54:58 And that is our basic site plan.

06:55:02 In addition, we talked about the bonus criteria, and also

06:55:08 questions concerning the underground utilities.

06:55:12 This is the picture of Spruce Street.

06:55:14 These are the overhead utilities that we are proposing to

06:55:17 put underground.

06:55:18 Additionally, as part of this, the streets being Spruce,

06:55:24 Hesperides and chestnut, we are proposing to improve those

06:55:28 streets.

06:55:29 Currently they are basically just asphalt with no drainage.

06:55:32 We are proposing putting in a crown road with coating and

06:55:38 along Spruce adding parallel parking.

06:55:42 On Hesperides there is no power on the property or even the

06:55:46 other side of the property so additionally this is the

06:55:49 condition of the current.

06:55:53 Chestnut, we don't have any overhead power on our side.

06:55:57 There is that on the school side.




06:55:59 We would not be putting that underground.

06:56:02 If we are to plant trees underneath that, they would meet

06:56:08 the requirements of height to be located under such power

06:56:11 lines.

06:56:14 When we talked about the bonus, the bonus criteria, as we

06:56:18 talked about, these are the roads that we are seeking to

06:56:20 improve.

06:56:21 We are proposing 10 parallel parking space as long the road.

06:56:26 Additionally, the sidewalk around Spruce, this gray area

06:56:31 where we are putting in an 8-foot wide sidewalk,

06:56:36 additionally along chestnut in front of the vacant parcel,

06:56:39 we are putting in a 5-foot sidewalk, so that will have a

06:56:42 continuous sidewalk system along Spruce, Boy Scout,

06:56:48 Hesperides and chestnut adjacent to our property.

06:56:51 Additionally, there was the talk of the additional benches,

06:56:56 and bike wrack and bike stand.

06:57:02 This shows how those will perhaps be distributed around the

06:57:04 site.

06:57:05 The other comment that was made concerning the trees, we are

06:57:08 asking as a waiver permission to locate those trees within

06:57:14 the right-of-way 100 percent.

06:57:16 But as part of the zoning package we have given a conceptual

06:57:21 plan, and you can see that there's definitely portions of

06:57:23 the trees that are current within our property within the

06:57:26 right-of-way.




06:57:26 The ones within the right-of-way are on a much more standard

06:57:30 spacing, to give you some kind of a feel of what that might

06:57:35 be.

06:57:36 We also do anticipate that ultimately once the design force

06:57:39 the east and west courtyard are done there will be some

06:57:42 trees located in there as well.

06:57:44 Most likely, might be Wimauma trees.

06:57:47 They might not be -- get a tree credit for planting them,

06:57:51 but there will be trees on both in the property and in the

06:57:54 right-of-way for the trees that are required.

06:57:56 In the back, we hope to get your approval.

06:57:59 And we are available for any questions.

06:58:06 >>YVONNE CAPIN: So there are trees under the power line

06:58:08 across the street?

06:58:09 >> We are proposing that we were, but the nature of those

06:58:12 trees would be consistent with the power line requirements

06:58:14 so they would be like crape myrtles, and that style of tree

06:58:19 that has a maximum height of approximately 20 feet which

06:58:22 would be well below those power lines.

06:58:25 >>YVONNE CAPIN: Thank you.

06:58:25 The issues with the power lines and the trees in the

06:58:28 right-of-way.

06:58:28 So thank you.

06:58:29 I understand them.

06:58:29 >> Right.




06:58:31 >>MARY MULHERN: I had a question, some questions.

06:58:51 For the petitioner.

06:58:52 Then I will have questions for you, too, in time.

06:58:55 Ms. Zelman, a couple of questions.

06:58:57 The parking spaces.

06:59:00 And actually this might be for our transportation people.

06:59:02 But if you can answer it, that's great.

06:59:04 But I may need to hear from them.

06:59:07 You are asking for a reduction of 99 spaces total.

06:59:12 Is that right?

06:59:14 That's what it says on the waiver, waiver number 6.

06:59:16 >> The current legal request for 18%, under the current mix,

06:59:24 we are proposing in the rezoning, it is approximately in

06:59:27 that range.

06:59:30 The reason for that request is in their development they

06:59:36 have found that they have a national average they have been

06:59:39 hitting of parking spaces which is less than what is

06:59:42 required.

06:59:45 Well, less but on a national level, and there are other

06:59:48 developments than what the City of Tampa requires.

06:59:50 So we are seeking to get that down to a ratio that they are

06:59:54 more accustomed to.

06:59:56 >>MARY MULHERN: Well, that's helpful, but my question, I

06:59:59 guess, is there is going to be a total of how many

07:00:03 apartments?




07:00:05 >> 300.

07:00:06 >>MARY MULHERN: 300 apartments.

07:00:08 And then how many parking spaces are you providing?

07:00:10 >> 453.

07:00:16 >>MARY MULHERN: So my only concern about this reduction is

07:00:20 that we don't really have public transportation.

07:00:24 So if you are looking at a national average, say, in cities,

07:00:31 and in this kind of urban place, I could see where you

07:00:37 wouldn't need so many, but here, I mean, there's always a

07:00:43 need for parking and multifamily house.

07:00:47 So probably, I mean, our parking requirements may sound

07:00:54 high.

07:00:54 But I guess I need to hear from our parking, transportation

07:00:59 people.

07:00:59 Is Melanie here?

07:01:01 >> Transportation.

07:01:12 What is your question as far as --

07:01:15 >>MARY MULHERN: Well, I'm just trying to get, that

07:01:17 reduction in the number of parking spaces for an apartment

07:01:21 complex.

07:01:21 Does that seem reasonable based on the kind of experience we

07:01:26 had, not just what our parking standards are, but with your

07:01:31 experience in the City of Tampa, with a big apartment

07:01:36 complexes.

07:01:36 This is a pretty big one.




07:01:37 I don't know if we have something comparable.

07:01:40 >> This is a pretty good estimation for parking for this

07:01:47 use.

07:01:47 I have seen other apartments have similar parking

07:01:50 reductions, usually within 20% reduction.

07:01:56 That's a good rule of thumb.

07:01:59 If it's more than 20% that we require.

07:02:02 >> So 18% seems like it's workable as far as being enough

07:02:07 parking?

07:02:08 >> That's correct.

07:02:08 >> And, you know, the other problem, we hear this a lot

07:02:12 downtown from SkyPoint residents; is that there's no where

07:02:18 for their guests to park, they are having problems finding

07:02:22 parking.

07:02:23 So better to think about this ahead of time than to have to

07:02:26 deal with it later.

07:02:27 >> Yes.

07:02:28 >> You feel that's enough?

07:02:31 >> To have so many guest parking spaces and make sure they

07:02:36 have so many guest spaces before the gates and also at the

07:02:41 entry of the complex, all guest parking spaces available for

07:02:46 guests as well.

07:02:47 >> Okay.

07:02:48 And then I did also have a question about the trees, and the

07:02:55 green space.




07:02:58 I guess for Ms. Feeley, at least to start with.

07:03:06 Are they being required per this petition to plant any trees

07:03:15 on their property?

07:03:17 Or are they all going to be in the right-of-way?

07:03:20 >>ABBYE FEELEY: Land development.

07:03:21 The code requires that they plant them on their property,

07:03:24 but their waiver requests buff this evening is to allow for

07:03:27 100 percent of what they are required to be planted in the

07:03:30 right-of-way.

07:03:30 >> And that has been approved by our tree people?

07:03:37 Is that consistent?

07:03:38 >> When you look at the layout that was up there and the

07:03:44 setbacks, our tree code requires a minimum of 6-foot square

07:03:47 space, and potential -- it's measured off from the trunk of

07:03:51 the tree so when you go from the trunk of the tree it's a

07:03:54 10-foot radius, given that their greatest setback is 10 feat

07:03:59 foot.

07:03:59 They wouldn't meet a code.

07:04:00 So their options would be to pay into the tree bank at $350,

07:04:05 I believe, every two inches, or to plant in the right-of-way

07:04:10 adjacent to their property.

07:04:11 So those are their options.

07:04:15 Court yards allow but at the present time I don't believe

07:04:16 those are designed, they don't know what they are going to

07:04:20 be accommodated in there.




07:04:21 >> Was there some reason why they couldn't be required to

07:04:23 plant trees in the courtyard since they are not planting --

07:04:28 >> Not by the design.

07:04:30 This design and setbacks, if they can't plant on the

07:04:35 perimeter.

07:04:37 Well, the total project is required 157, two-inch trees so

07:04:41 they had a couple options.

07:04:42 The first would be to plant larger caliber trees, four-inch,

07:04:46 six-inch.

07:04:47 Yes, if it's council's desire that some of those required

07:04:50 trees be placed on the site plan you could definitely ask

07:04:52 that that be accommodated.

07:04:53 >> And here is the other thing when I look at this.

07:05:00 The courtyard, now, what are the requirements for green

07:05:04 space?

07:05:08 >> Multifamily green space is required at 30% of the site.

07:05:15 If you are six stories or higher, which they are.

07:05:18 So it's 30%.

07:05:20 >> And are they meeting that?

07:05:22 >> Yes.

07:05:23 >>MARY MULHERN: With the courtyard?

07:05:25 >>ABBYE FEELEY: With the courtyard.

07:05:27 And they are buffering around the site.

07:05:29 I think you showed that in green.

07:05:31 But everything is calculated is calculated within their




07:05:34 boundary.

07:05:35 Nothing is calculated within the outside or right-of-way.

07:05:38 >> So that green space, you know, just the pervious surface,

07:05:42 the drainage.

07:05:49 >> Yes.

07:05:51 >>MARY MULHERN: Councilwoman Montelione.

07:05:52 >>LISA MONTELIONE: One of the graphics showed the differing

07:06:00 elements that were going to be the dog station and the

07:06:02 benches and stuff.

07:06:03 One of the requirements is a transit stop.

07:06:05 I didn't see the transit stop.

07:06:09 Has your client, Hart and your client come to an agreement

07:06:14 where that transit stop will be?

07:06:16 >> We are waiting on Hart.

07:06:17 We submitted it and we are wait forego Hart to tell us where

07:06:20 they would like the transit stop.

07:06:21 >> Some of the offset for the parking, the reduction in the

07:06:24 parking, I mean, I'm always promoting less parking, more

07:06:31 mass transit.

07:06:33 So that interested me.

07:06:36 >>ABBYE FEELEY: Land development.

07:06:39 Hart did not request, nor was the applicant providing a

07:06:44 qualification for their waiver.

07:06:46 They were providing it as one of the three -- of the ten

07:06:49 bonus criteria in order to get the additional 75 units.




07:06:53 It will go into the development agreement.

07:06:55 It will not necessarily be located on this site.

07:06:58 It could potentially be located somewhere within the

07:07:01 district or proximity to their property.

07:07:05 And that would all be based on Hart's routes, their

07:07:08 ridership and where that actual need is.

07:07:10 So that would go in to the developer agreement to be

07:07:13 committed to and provided by the applicant pursuant to what

07:07:18 information Hart would provide back.

07:07:19 >> Okay.

07:07:20 And just because I'm interested in pedestrian safety,

07:07:24 crosswalks, and -- their putting in the sidewalks and then

07:07:30 putting in the 8-foot, that's going to be like an 8-foot

07:07:35 sidewalk, so that will be shared sidewalk, I'm guessing?

07:07:38 >> Well, under the Westshore overlay standards, on the

07:07:42 prosecute priority pedestrianways, it is requested that an 8

07:07:45 touch 10-foot sidewalk be provided.

07:07:47 So since the third of the bonus criteria is the enhanced

07:07:52 pedestrian streetscape, I recommended and requested that

07:07:57 that sidewalk be bumped up to the 8 feet in order to provide

07:08:00 that along Spruce, given that people will probably walk --

07:08:07 wherever they are going, to provide that connection.

07:08:09 >> Thank you.

07:08:11 >>MARY MULHERN: Any other questions from council?

07:08:20 >> Move to close.




07:08:21 >>MARY MULHERN: We haven't heard from the public or from

07:08:25 the petitioner yet.

07:08:27 Is there anyone who wishes to speak on this?

07:08:32 Petitioner?

07:08:39 >>YVONNE CAPIN: Move to close.

07:08:40 >>MARY MULHERN: Autumn in favor?

07:08:41 Anyone opposed?

07:08:43 >>THE CLERK: Who was the second on that motion, please?

07:08:45 >>FRANK REDDICK: Second.

07:08:46 >>ABBYE FEELEY: I forgot.

07:08:53 Abbye Feeley, land development.

07:08:55 >>MARY MULHERN: We need a motion to reopen.

07:08:59 >> So moved.

07:09:01 >> Second.

07:09:03 >>ABBYE FEELEY: Sorry about that.

07:09:03 If I could have a revision to the sheet and that is the

07:09:07 landscape provided and final location of the trees in the

07:09:11 royalty would be subject to review and approval by the Parks

07:09:13 and Recreation Department at the time of permitting.

07:09:16 And also transportation.

07:09:19 I believe there is some concern about that south side of

07:09:22 chestnut.

07:09:23 They are showing some trees there but there's a sidewalk

07:09:26 there now.

07:09:27 So city wants to put the sidewalk in.




07:09:30 We think want to make sure that everything is whether with

07:09:33 what's going on in the public right-of-way-so if we can add

07:09:36 that be added to the landscape plan and work out more of the

07:09:39 details in the development agreement.

07:09:40 >> Thank you.

07:09:41 >> Can we have another motion to close?

07:09:48 >> Motion to close.

07:09:49 >>MARY MULHERN: Motion by Councilman Suarez, seconded by

07:09:54 council Councilman Cohen.

07:09:57 In favor?

07:09:58 Councilman Reddick?

07:10:00 >>FRANK REDDICK: Move an ordinance being presented for

07:10:06 first reading consideration, an ordinance rezoning property

07:10:10 in the general vicinity of 4504, 4506, 4514, 4518, and 4522

07:10:20 West Spruce Street and 4501, 4505-4521 west chestnut street

07:10:29 in the city of Tampa, Florida, and more particularly

07:10:31 described in section 1 from zoning district classifications

07:10:36 RS-50 residential single-family, CI commercial intensive,

07:10:41 and PD planned development, to PD planned development,

07:10:45 residential, multifamily, providing an effective date,

07:10:50 including revisions and modifications to the revision sheet.

07:10:56 >> Second.

07:10:57 >>MARY MULHERN: Motion maid by Councilman Reddick, seconded

07:11:00 by Councilman Cohen.

07:11:01 All in favor?




07:11:03 Anyone opposed?

07:11:04 >>THE CLERK: Motion carried with Miranda being absent.

07:11:07 Second reading and adoption will be on December 1st at

07:11:09 9:30 a.m.

07:11:10 >>MARY MULHERN: Item number 5.

07:11:19 >>ABBYE FEELEY: Land Development Coordination.

07:11:22 Item number 5 this evening is KZ-11-44 located at 108, 204

07:11:29 south Florida, 406 and 401 -- 601 east Cumberland, 103 and

07:11:36 105 and 209 south Morgan and 0 east bell Street Avenue and

07:11:42 324 east Brorein, from CBD 2 business district to CBD2

07:11:48 central business district, office, hotels and all CBD uses.

07:11:53 This is just a few blocks south of us, just to the east of

07:11:58 the CAMLS project and just to the north of the Crosstown

07:12:01 Expressway.

07:12:09 >>TONY GARCIA: Planning Commission staff.

07:12:10 I have been sworn.

07:12:12 I could have told you that, too, which she just said.

07:12:14 I was going to tell you that, too, but she already said it.

07:12:17 It's okay, Abbye.

07:12:18 >>MARY MULHERN: No fighting, kids.

07:12:24 >>TONY GARCIA: Never happen.

07:12:25 Never happen.

07:12:26 Okay.

07:12:27 The subject site is located in the central planning district

07:12:30 for the City of Tampa, which is of course one of the three




07:12:34 districts that offers the greatest opportunity for economic

07:12:36 development and job creation.

07:12:38 The site is located within the central business district, as

07:12:43 you can see, that is the designation predominantly affecting

07:12:46 this particular map for the site, and just to reiterate what

07:12:50 Ms. Feeley said, give you some context on the site, it is

07:12:55 north of the Lee Roy Selmon across Crosstown expressway

07:12:59 proximate to the new CAMLS project and of course close

07:13:03 proximity to the entertainment district on the south side

07:13:06 close to the convention center and of course I guess we are

07:13:09 going to call it the Tampa Bay Times Forum now, right?

07:13:13 Instead of the St. Pete Times Forum?

07:13:15 So it's a very strategic location, and of course as she told

07:13:19 you it's going to be for part of the several 100,000 square

07:13:24 feet of office use potentially, or hopefully four or

07:13:29 five-star, we are hoping, hotel that will be a very welcome

07:13:32 addition to the downtown area.

07:13:34 It would be nice, not realistic but nice if it could be

07:13:38 built in time for the RNC but I don't think that's going to

07:13:42 happen.

07:13:42 Planning Commission found the plan consistent with the

07:13:45 comprehensive plan.

07:13:46 Thank you.

07:13:46 >>ABBYE FEELEY: Land development.

07:13:58 Tony just showed you the aerial.




07:14:00 Let me not show you that.

07:14:04 The zoning atlas.

07:14:06 Just to briefly talk about the central business district,

07:14:09 zoning district, CBD1 and 2 allow for the building to be

07:14:15 developed up to 120 feet in height.

07:14:17 Central business district 2, once you go over 120 feet in

07:14:22 height, you must become a site plan controlled development.

07:14:25 That's really why we are here this evening.

07:14:27 The request before you tonight is for 400 feet in building

07:14:32 height.

07:14:32 So if anything were to be built on there as long as it were

07:14:35 up to 120 feet such as CAMLS, CAMLS is less than 120, CBD 2,

07:14:41 and it didn't come before you because it meets the height

07:14:44 requirements.

07:14:44 So what's before you tonight is really the height variance

07:14:48 from the 120 feet up to the 400 feet.

07:14:51 And there are a couple other waivers that are being

07:14:54 requested, as the height is before you, those items are also

07:14:59 being requested this evening.

07:15:09 First a picture of the site looking north from south

07:15:16 Florida.

07:15:17 This is looking northwest.

07:15:21 This is from Morgan street looking back west.

07:15:30 This is picture of Tampa.

07:15:35 This is northern also looking -- Morgan looking west.




07:15:43 This is Morgan looking northwest.

07:15:45 This site is boarded by the city owned Whiting garage to the

07:15:49 north, and this garage will stay.

07:15:51 This project does not encompass that.

07:15:53 This is looking across, looking back south toward the

07:16:00 waterside.

07:16:06 This is to the east of the site.

07:16:13 Surface parking.

07:16:15 Just had a workshop on that this morning.

07:16:18 This is from Florida Avenue looking back south at the site.

07:16:24 Florida Avenue.

07:16:25 Looking east.

07:16:28 This is from the site looking west.

07:16:32 From the site looking north.

07:16:37 From Florida looking northeast.

07:16:43 This is to the west of the site, CAMLS project.

07:16:48 Also from the site looking west.

07:16:51 And then looking from Florida looking north.

07:16:55 Whiting and then the site is right here.

07:17:01 The request buff this evening is for 450,000 square feet of

07:17:06 office and 350 hotel rooms with accessory uses as well as

07:17:10 all other CBD uses.

07:17:14 The four waivers being requested is to allow the increase

07:17:17 for tree removal from 50% to 100 percent to allow for the

07:17:23 removal of one hazardous grand tree, to reduce the required




07:17:28 eight-foot vehicle use buffer to zero which is valet

07:17:31 drop-off or pickup with payment in lieu, and to reduce the

07:17:37 loading berths from five to two.

07:17:40 As stated this is a 4.12-acre site located just south of the

07:17:43 Whiting garage east of CAMLS and north of the Crosstown

07:17:46 Expressway. 120 feet limitation, what's being proposed this

07:17:51 evening is 400 feet for the building, and 150 feet for the

07:17:55 parking garage.

07:17:57 The applicant is committing to meet all applicable central

07:18:00 business district design standards through the permitting

07:18:03 process, and provided on-site plan to allow for trade-off

07:18:10 without triggering any additional impact.

07:18:12 The building setbacks are as follows.

07:18:14 Zero foot on Florida, on Morgan street, five feet on

07:18:19 Brorein, five foot for internal property lines, and the

07:18:23 parking garage setbacks, rights-of-way, and five foot

07:18:27 internal.

07:18:29 For this only one modification needed, and this was from

07:18:33 land development concerning signage.

07:18:36 On that portion of the property, that's within 200 feet of

07:18:38 the expressway which would be the southern, southeastern

07:18:42 corner of the property, and I'm just asking for a notation

07:18:45 on that.

07:18:51 There is also a comment from Mary Daniel Bryson related to

07:18:59 the tree removal.




07:19:02 She says that due to the species of most of the trees, the

07:19:05 Sycamore and the proposed zero lot line setback, staff does

07:19:09 not object to the waiver to remove more than 50% of the

07:19:13 on-site trees with tree mitigation.

07:19:17 And I believe there's amendment to larger planting for

07:19:21 larger than 6-inch trees to replace canopy for any trees

07:19:26 removed.

07:19:27 Staff is available for questions.

07:19:32 Month point can't resist.

07:19:36 Waiver number 3, can you explain to me what is zero adjacent

07:19:42 is?

07:19:44 >> I read it properly.

07:19:48 I apologize.

07:19:53 I guess my computer is not working.

07:19:55 I might need more equipment.

07:19:56 I think there's a spell checker on that thing.

07:19:58 >> I'm sorry, I can't help myself.

07:20:05 Petitioner.

07:20:06 >> Good evening.

07:20:08 Bob Anberger, 114 avenues Davis.

07:20:14 It's good to see you and more importantly to have a reason

07:20:16 to be back in front of you.

07:20:19 I'm here this evening with my team to request your favorable

07:20:23 consideration of our rezoning requests for what we know as

07:20:27 the Collier parcel for, shall we say, an ambitious mixed use




07:20:32 development.

07:20:33 450,000 feet of office, 352 hotel, 1200 car, garage

07:20:38 supporting both developments and related retail.

07:20:42 The first project of this scale in our CBD in over 25 years.

07:20:47 My team, my helper is installing our technology.

07:20:55 My team here to help answer your questions and to underscore

07:21:00 the energies behind this, first I have pat utter with me

07:21:08 representing the applicant and of course my partner Jerry

07:21:10 Cabino, our design team.

07:21:16 Please be acknowledged with scan tech, Elton and Lee, with

07:21:24 Tindale Oliver, Mike English, and always at my shoulder from

07:21:28 square Sanders, Mitchell and associates.

07:21:32 It's a big undertaking.

07:21:33 You know that.

07:21:34 But with the right team behind you, doesn't seem so big.

07:21:40 This project will put Tampa in our CBD back in the path of

07:21:44 growth and opportunity.

07:21:46 The office component will set a new standard, not just for

07:21:49 our CBD but for the region.

07:21:52 Designed to LEED gold standard, great floor plates, great

07:21:58 access, parking, it's a true transit oriented development

07:22:03 where we are sitting at the foot of the Marriott transitway,

07:22:06 a block from the trolley, two ramps from the Crosstown

07:22:10 expressway.

07:22:11 It's what corporate America wants in the right location at




07:22:14 the right time.

07:22:17 The hotel is contemplated to be a four-plus star hotel that

07:22:21 would have the ability to both serve the CBD as well as the

07:22:25 convention and entertainment district because of its

07:22:29 proximity.

07:22:30 We all know that as we proceed with things like the RNC that

07:22:35 the comments have always been, gee, if only you had.

07:22:38 And our intent is to try to eliminate that "gee if."

07:22:45 With discussions about top hotel flags and we are confident

07:22:48 we can advance to formal selection after completion of this

07:22:51 rezoning.

07:22:53 The project site plan, as you know, were bounded on the west

07:22:58 by Florida, the east by Morgan, the south by Brorein and

07:23:03 Whiting Street garage on the north.

07:23:07 Because of this location, and again the dynamics that we

07:23:11 have, where we can do the first major live, work, play, job

07:23:16 creation opportunity in the city in some time, with the

07:23:19 tremendous access that we have really with a connector

07:23:23 between the north core south core with the Marriott

07:23:26 transitway and the trolley time to the entertainment

07:23:29 district in Ybor, we have the ability to deliver a very

07:23:33 unique project.

07:23:36 The office and garage component of contemplated to occupy

07:23:40 the eastern half of the site two the hotel on the northwest

07:23:43 corner immediately adjacent to the CAMLS facility.




07:23:47 Our plan contemplates our unique feature, a large, lush,

07:23:54 central plaza, that will serve both the office and hotel

07:23:57 complex.

07:24:02 This is a gateway parcel.

07:24:04 It completes our south core and provides the connectivity we

07:24:08 have not had to the convention and entertainment district.

07:24:11 So with this plan that we can provide for the pedestrian

07:24:15 connectivity from the trolley, from the transitway, through

07:24:19 our site, through the south core, and really serve as a

07:24:24 gateway to the convention and entertainment district. As

07:24:27 you know, the plans for the office building are well

07:24:30 advanced.

07:24:32 It was four years ago when I last stood buff designed to

07:24:35 move ahead with a project of this scale.

07:24:39 We know that corporate America wants this type of product.

07:24:42 We know that the exodus from our downtown has been because

07:24:45 we haven't had the floor plates in parking and technology

07:24:50 associated with the building to meet corporate America's

07:24:52 needs.

07:24:55 This gives us a tremendous feed to market opportunity that

07:24:57 our CBD hasn't had because of the advanced state of our

07:25:01 design.

07:25:01 Just last week, we responded to a confidential request to

07:25:07 the EDC, I believe it was blue falcon?

07:25:11 Blue haron for a 300,000-foot financial services




07:25:15 headquarters for new jobs to Florida, and we were able to be

07:25:18 in the hunt for the first time in many years.

07:25:22 I may have been relying on your favorable consideration of

07:25:25 this request in that response.

07:25:26 But it's great to have Tampa back in the hunt.

07:25:32 To quickly show you view that I think might generate more

07:25:38 excitement than the as-is photos that we shared with you

07:25:41 earlier, this is the view on Morgan looking southwest.

07:25:45 The building is very prominent, commanding views of the

07:25:47 water, commanding views back to the CBD, oriented to

07:25:50 maximize sustainable design and energy efficiency, with the

07:25:55 broad faces of the building running east and west.

07:25:59 We committed to ten foot sidewalks.

07:26:01 We want to be a pedestrian gateway.

07:26:04 We want to be lushly landscaped and have the kind of street

07:26:07 level engagement that we need in our CBD.

07:26:11 This is the corner of Morgan and Brorein looking west.

07:26:14 Again, envisioning that we can both deliver a project of

07:26:18 scale, but one that is pedestrian friendly in the process.

07:26:23 We are contemplating a large bank plaza on the main floor of

07:26:27 the office building on the east, and then in the next view,

07:26:32 this is the opposite southwest corner of the office building

07:26:35 looking east with a ground floor restaurant that would serve

07:26:41 not just the needs of this office complex, not just the

07:26:44 little cafe, but a true restaurant destination for the




07:26:47 district, and for the flow of activity that is going to

07:26:51 occur on this site.

07:26:55 One of the things we are most excited about because of the

07:26:57 size of this site and the concept of our design is this

07:27:00 grand plaza running through the center.

07:27:03 With the view straight down to the ice palace, the Marriott

07:27:08 waterside and the entertainment district, to again complete

07:27:11 the south core, complete the CBD, the gateway, serve the

07:27:16 needs of both office and hotel component, and more

07:27:20 importantly greatly mitigating traffic impacts on Florida

07:27:22 and Morgan.

07:27:23 We internalize it.

07:27:28 It is ambitious.

07:27:30 Approaching 200 million in total costs with the ability to

07:27:33 generate over $4 million in annual ad valorem and is in the

07:27:38 CRA.

07:27:39 And it's a big job creator, not just while we are building

07:27:42 it, and these are only direct jobs.

07:27:46 As you know the directs have a multiplier, but in the

07:27:50 permanent jobs.

07:27:51 We have had tremendous jobs since our announcement.

07:27:54 We had a lot of heavy lifting to do to complete this task

07:27:57 but we are confident that we can pull it off.

07:28:00 As you know, I believe in Tampa.

07:28:01 I believe in the path that the city is on.




07:28:05 I'm more than willing to bet on this city and our CBD.

07:28:09 This project has potential to play a key role in putting

07:28:13 Tampa back in the path of opportunity, back on top.

07:28:19 We have been fast tracking this.

07:28:20 We have been pushing the team ridiculously hard.

07:28:22 As you know, when we do that, it also means your staff has

07:28:25 been pushed extremely hard with us.

07:28:28 I can't thank them enough for the support and involvement

07:28:32 and energy that they brought to helping us keep this on

07:28:35 track, and we request your favorable consideration.

07:28:37 We would be happy to answer any questions.

07:28:39 >>MARY MULHERN: Anyone from the public wishing to speak on

07:28:56 this?

07:28:56 >> My name is Robert KARNECK and I have been sworn in, and I

07:29:07 am the president of carpenters local 140, which is Tampa,

07:29:11 Florida.

07:29:12 I'm just here to listen tonight.

07:29:14 And some of you may know our business agent Robert McCoy.

07:29:20 He is the paid representative for our local.

07:29:22 I am not a paid representative.

07:29:24 I'm here on my own time.

07:29:27 I'm a rank and file member.

07:29:29 And as the saying goes, I work with the tools, although I do

07:29:34 have a degree in civil engineering from the University of

07:29:37 Buffalo.




07:29:39 I just wanted to announce that we are very interested in the

07:29:44 project, and after we read about it about a month ago in the

07:29:48 newspapers, and it sounded like a wonderful opportunity for

07:29:50 the City of Tampa.

07:29:53 Thank you.

07:29:53 >>MARY MULHERN: Thank you.

07:29:58 Anyone else wishing to speak?

07:29:59 >> Motion to close the public hearing.

07:30:03 >> Second.

07:30:04 >>MARY MULHERN: All in favor?

07:30:07 Councilman Cohen?

07:30:08 >>HARRY COHEN: Thank you.

07:30:10 I move an ordinance being presented for first reading

07:30:13 consideration.

07:30:14 An ordinance rezoning property in the general vicinity of

07:30:18 108, 114, and 204 South Florida Avenue, 406 and 601 east

07:30:25 Cumberland Avenue, 103, 105 and 209 south Morgan street, and

07:30:31 324 east Brorein Street in the city of Tampa, Florida and

07:30:35 more particularly described in section 1 from zoning

07:30:38 district classification CBD2, central business district,

07:30:43 CBD2 central business district, office, hotel, and all CBD

07:30:48 uses, providing an effective date.

07:30:49 >>FRANK REDDICK: Second.

07:30:52 >> Second.

07:30:54 >>MARTIN SHELBY: I believe there was reference to a note




07:30:57 that land development wished to have placed on the site plan

07:31:00 between first and second reading.

07:31:01 >> Yes, if you can refer to that as indicated in the staff

07:31:06 report, that be workshop meeting be good.

07:31:08 >> And also including that notation as indicated in the

07:31:11 staff report.

07:31:12 >>MARY MULHERN: Motion by Mr. Cohen, seconded by -- (off

07:31:16 microphone)

07:31:17 All in favor?

07:31:18 >> Thank you all and thanks to staff.

07:31:24 >>THE CLERK: Motion carried with Miranda being absent.

07:31:27 Second reading and adoption will be on December 1st at

07:31:29 9:30 a.m.

07:32:18 >> The next item is Z-11-47, 4005 S. Dale Mabry Highway.

07:32:22 The request this evening is for CG commercial general to

07:32:25 planned development with a bank with a drive-in window.

07:32:29 There is currently a bank located on this property.

07:32:33 With a drive through.

07:32:36 Drive-in window.

07:32:40 It's a bank with a drive-in window.

07:32:43 Did I say a bank with a drive-through?

07:32:46 It's currently a bank located on this property.

07:32:48 It is pilot bank.

07:32:51 With a drive-in window.

07:32:54 The request before you this evening is seeking to demolish




07:32:57 that and to construct a new building.

07:32:59 This did come in as a special use just for the window.

07:33:01 The location, the building seeking to locate a little bit

07:33:05 closer than CG would allow.

07:33:07 So that's part of the reason for the PD request before you

07:33:10 this evening.

07:33:22 >>TONY GARCIA: Planning Commission staff.

07:33:23 I have been sworn.

07:33:27 So this is the only one tonight that's an opportunity --

07:33:34 >>MARY MULHERN: Mr. Garcia, you are very quiet tonight.

07:33:37 Could you speak a little closer to the mike?

07:33:40 Or talk louder.

07:33:41 >> Is this better?

07:33:44 I can talk as close as you need.

07:33:48 This is located in the South Tampa district, which is one of

07:33:53 the more stable areas but it does allow the content, does

07:33:56 allow for in-fill development, and that is basically what we

07:34:02 are having over here.

07:34:03 This is located -- I have it upside down, of course.

07:34:09 This is on south Dale Mabry.

07:34:10 This is south of Euclid lid.

07:34:13 Your benchmark gave you some context of where this is at.

07:34:16 The plaza lies directly east of the site.

07:34:19 The site is located right here.

07:34:20 There's a new Walgreen's that was just built to the north of




07:34:23 the site.

07:34:23 You did a rezoning on that about two years ago.

07:34:28 So Britain plaza was one of our traditional suburban

07:34:34 shopping centers.

07:34:35 I guess I should call it one of the gates we had, east gate,

07:34:42 west gate, about 35 years ago, that some are still in

07:34:45 existence, still operational.

07:34:47 But, anyway, in the South Tampa area over here, the land use

07:34:50 categories along Dale Mabry, which is your north-south

07:34:54 commercial arterial road, offers committee mixed use on the

07:34:59 western side of Dale Mabry and community Dale Mabry on the

07:35:05 east side.

07:35:05 Both allow a variety of commercial and neighborhood

07:35:07 commercial serving uses, of course the request over here is

07:35:10 really kind of a benign request.

07:35:13 We are not looking at any major impacts, really from a

07:35:17 locational aspect of where they want to go and located the

07:35:20 new bank on the site.

07:35:21 I think it's going to be a chase bank to replace the

07:35:24 neighborhood bank which is a pilot bank that's been there

07:35:27 for about probably about 35 years, too.

07:35:30 So let me show you the area very quickly so we can move

07:35:33 forward with the project.

07:35:34 There's the plaza and there's the bank in question.

07:35:38 There was a Sun Bank to the north, awhile back.




07:35:41 But that has been replaced, of course, by the new

07:35:44 Walgreen's.

07:35:44 So there's a subject site.

07:35:46 Planning Commission found the proposed request consistent

07:35:48 with the comprehensive plan.

07:35:49 >>ABBYE FEELEY: Land Development Coordination.

07:36:09 Okay.

07:36:13 There are two waivers being requested this evening.

07:36:16 The first is to reduce the required use from 10-foot to

07:36:20 3-foot for the 50.02 feet at the southwest corner of the

07:36:25 property adjacent to the American Legion an.

07:36:27 And I can show you where that is on the aerial.

07:36:29 And the second is to allow nonresidential access to a local

07:36:34 street, which is Bay Vista.

07:36:40 Once they tear down the existing building, and they go ahead

07:36:42 and reconstruct, they would lose that access, so that's why

07:36:46 that waiver is on there for you this evening.

07:36:49 The request is to demolish and existing bank with drive-in

07:36:53 window and construct a new bank with drive-in window, the

07:36:57 southwest corner of South Dale Mabry Highway, surrounded by

07:37:01 commercial to the north, the Walgreen's to the SunTrust

07:37:03 bank.

07:37:04 You may remember with PD, we did a couple years ago, Ms.

07:37:08 Mulhern, I believe, was on council at that time.

07:37:10 South is ESTELLA's restaurant, to the east Britain plaza,




07:37:16 there's also a central office immediately to the west.

07:37:19 The property contains .67 acres and the redevelopment will

07:37:22 consist of a one-story, 4,120 square foot building with

07:37:27 remote double drive-in windows along the south.

07:37:30 The proposed setbacks at 5-foot north, 98.22 feet south,

07:37:37 50.11 feet west, and 21.83 east.

07:37:42 Proposed request requires 17 parking spaces, and 26 spaces

07:37:45 are being provided.

07:37:47 Proposed building height 27 feet.

07:37:50 Elevations have been provided in a modern architectural

07:37:54 style.

07:37:56 We have a few modifications that need to be made in between

07:37:58 first and second reading.

07:38:00 I have been in contact with the applicant.

07:38:01 And they are amenable to make those modifications.

07:38:05 Let me go ahead and show you some pictures of the property,

07:38:09 and also the zoning atlas.

07:38:18 To the north, the site here in green, Dale Mabry to the

07:38:21 east, you will see the very large segments of CG, PD is the

07:38:29 Lowes and the crystal that we just redid, not too long

07:38:33 ago.

07:38:34 And there is CG all the way up Dale Mabry, this piece of RM

07:38:41 this and then the RS-60 picks up over to the west.

07:38:45 And that is why, although in the first block here,

07:38:49 predominantly it is commercial in nature, the access is




07:38:52 still access to a local street, because Davis did then turn

07:38:57 into the residential.

07:39:01 Here is a picture of the site.

07:39:09 This is from Britain plaza looking west.

07:39:13 This is the northern portion of the building.

07:39:16 This is on Bay Vista looking south of the building.

07:39:21 This is the dental office to the west.

07:39:24 The American Legion an post to the west.

07:39:27 Walgreen's to the north.

07:39:30 A view of Walgreen's from across Dale Mabry.

07:39:34 This is looking northwest on Dale Mabry.

07:39:36 This is looking southwest on Dale Mabry.

07:39:39 This is looking immediately east.

07:39:42 And this is a signalized intersection at bay vista an Dale

07:39:49 Mabry.

07:39:53 I believe there may have been a question concerning the

07:39:56 signage.

07:39:57 This signage that's currently there, the sign is shown on

07:40:02 the site plan.

07:40:02 It is a legal nonconforming sign.

07:40:05 They are not asking for waivers.

07:40:07 They are just going to be replacing the copy area which is

07:40:12 permissible by code.

07:40:15 So staff will be asking that a notation be added to the site

07:40:19 plan, that the existing sign is legal nonconforming and




07:40:23 should it be destroyed in any way it would not be built

07:40:25 back, it would then have to comply to sign code.

07:40:32 The modifications are very minimal.

07:40:34 We met with Mr. Loss, to go over the tree and landscape

07:40:41 comments, and also to go over the modification other

07:40:47 modification, the one standing objection would be from

07:40:49 transportation in relation to access to local streets.

07:40:52 Staff is available for any questions.

07:40:54 >>MARY MULHERN: Thank you.

07:41:00 Any questions?

07:41:03 Petitioner?

07:41:04 >> Bowler engineering representing chase bank.

07:41:09 A little smaller scale and size than last year.

07:41:12 So this probably won't be that long.

07:41:14 As Abbye mentioned we are just a redevelopment of the

07:41:18 existing pilot bank, have been working with staff the last

07:41:20 three months.

07:41:25 We have been running everything currently. We currently

07:41:27 have FDOT approval as well as SWFWMD approval and are into

07:41:32 permitting with your CSC.

07:41:34 We have been really appreciative of everybody working with

07:41:36 us.

07:41:37 We will answer any questions you may have.

07:41:41 It's a little bit of a tight site with .67 acres.

07:41:45 So with that we'll answer any questions you might have.




07:41:46 >>MARY MULHERN: Is there anyone from the public who wishes

07:41:54 to speak on this?

07:42:00 >>ABBYE FEELEY: Before you close the public hearing, if I

07:42:01 could just make that modification to the revision sheet,

07:42:04 that would add the notation that the existing sign is legal

07:42:08 nonconforming, and should it be destroyed, then it would not

07:42:12 be able to be reconstructed.

07:42:16 Thank you.

07:42:16 >>FRANK REDDICK: Move to close the public hearing.

07:42:20 >> Second.

07:42:21 >>MARY MULHERN: All of in favor?

07:42:22 Anyone opposed?

07:42:24 Councilwoman Montelione.

07:42:25 >>LISA MONTELIONE: I move an ordinance rezoning property in

07:42:33 the general vicinity of 4005 South Dale Mabry Highway in the

07:42:38 city of Tampa, Florida and more particularly described in

07:42:40 section 1 from zoning district classification CG commercial

07:42:44 general to PD planned development, bank with drive-in

07:42:46 window, providing an effective date.

07:42:48 And with the addition of a site plan, the existing sign is a

07:42:53 legal nonconforming sign, and if it were to be destroyed

07:42:59 then current code would have to be adhered to.

07:43:01 >>FRANK REDDICK: Second.

07:43:04 >>MARY MULHERN: Motion by Councilwoman Montelione, seconded

07:43:06 by Councilman Reddick.




07:43:08 All in favor?

07:43:09 Anyone opposed?

07:43:10 >>THE CLERK: Motion carried with Miranda being absent and

07:43:14 Capin being absent at vote.

07:43:16 Second reading and adoption will be on December 1st at

07:43:18 9:30 a.m.

07:43:19 >>LISA MONTELIONE: I did say revision sheet, didn't I?

07:43:30 .

07:43:30 >>MARY MULHERN: Item number 9.

07:43:31 >>ABBYE FEELEY: Item it on your agenda, the last two items

07:43:37 in your agenda this evening are both Euclidean zoning

07:43:39 requests so there are no site plans associated with them.

07:43:42 They are seeking to go to a standard Euclidean zoning

07:43:45 district, and this one is Z-11-49.

07:43:50 It's located at 3607 West Swann Avenue.

07:43:53 And the request this evening is from PD planned development,

07:43:57 to CG commercial general. There are no waivers being

07:44:00 requested, no waivers may be requested or granted with the

07:44:03 Euclidean zoning district.

07:44:33 >>TONY GARCIA: Planning Commission staff.

07:44:34 I have been sworn.

07:44:37 Okay, I'll talk into the mike.

07:44:41 This is located at central planning district.

07:44:44 Actually, this parcel is like right on the edge.

07:44:48 It's going to be right here, right on the edge of the




07:44:51 central planning district.

07:44:55 To give you a little context of the site, the Walgreen's is

07:45:01 located right on this corner, and there's an antique store

07:45:06 here, a T-Mobile, a multi-purpose office use, most of them

07:45:10 like a motel 6 or something like that, many years ago, and

07:45:13 adjacent to it, this is currently like a cat vet place.

07:45:26 Cat vet.

07:45:27 Well, Swann Avenue is primarily four low-density office use

07:45:33 and also allows neighborhood serving commercial uses.

07:45:36 As you can see, CMU 35, it does go to parcels in.

07:45:41 This site does have some history to it.

07:45:43 This one piece over here that is the subject site was the

07:45:46 subject of the plan amendment.

07:45:48 From R-35, subsequently tried to come in for rezoning to try

07:45:56 to put a bank on it, after we did the plan amendment on it.

07:46:00 So the sides basically -- site basically sat there without

07:46:05 any redevelopment opportunity for the last three years

07:46:07 approximately.

07:46:08 So you do have these sites currently in existence.

07:46:10 But as Ms. Feeley has told you, the request is to allow a

07:46:14 series of general commercial uses.

07:46:16 I think primary use for the intent of the applicant is

07:46:18 supposed to be for, I think, a restaurant or something of

07:46:20 that sort.

07:46:21 So it is consistent with the CMU 35 category which is your




07:46:25 predominant use along Henderson Boulevard.

07:46:28 Planning department found the request consistent with the

07:46:31 comprehensive plan.

07:46:31 >>ABBYE FEELEY: Land development.

07:46:38 Commercial general property requires a minimum width of 75

07:46:44 feet and minimum area of 10,000 square feet.

07:46:46 The subject site before you is 108 by 144, so it does meet

07:46:51 these standards.

07:46:53 CG setback requirements are 10-foot from side, rear, and

07:46:58 corner, and I did provide for you -- I did not provide the

07:47:05 CG commercial general use table in the staff report.

07:47:10 But I could go over what some of those general uses are.

07:47:16 I apologize for that.

07:47:18 The PD on this property, which is from 1996, allows for the

07:47:20 reuse of the existing building for a multitude or uses

07:47:20 including restaurant. It could not be handled

07:47:20 administratively. That's why we are back before you to put

07:47:49 it back to a general district so that redevelopment of this

07:47:51 site could occur.

07:47:54 As Tony showed you, the land use map, here is the zoning

07:47:58 map.

07:47:59 The property to the east is commercial general as well.

07:48:02 This property is the subject property RO-1 to the west, and

07:48:10 CG follows all the way along Henderson, and it's not very

07:48:13 deep.




07:48:16 This is Walgreen's, which is PD.

07:48:19 T mobile is just to the south.

07:48:21 I am going show you some pictures of the area now.

07:48:28 This is the subject property.

07:48:30 Tony mentioned the cat doctor currently resides in the

07:48:33 structure.

07:48:34 This is just to the east.

07:48:40 Commercial.

07:48:40 I believe it used to be hotel.

07:48:42 It is office.

07:48:43 Mixed commercial general uses.

07:48:45 The RO-1 property to the west is try Lang angular piece to

07:48:52 the south.

07:48:54 It's looking southwest.

07:48:58 This from T mobile looking back at the intersection of

07:49:00 Henderson, the drycleaners, the Walgreen's, the spring,

07:49:05 T-Mobile, and other uses.

07:49:10 Based on the underlying land use and not and minimum use

07:49:17 qualifications are satisfied, staff did find this request

07:49:19 consistent.

07:49:19 Thank you.

07:49:20 >>MARY MULHERN: Petitioner?

07:49:30 >> Good evening.

07:49:32 Alex Dunser, 3209 Henderson Boulevard.

07:49:36 I would like to just say a couple of words.




07:49:39 Abbye described the request moving from a PD to CG.

07:49:43 The proposed use will be as a restaurant.

07:49:47 As Abbye pointed out, that is currently the use that is

07:49:50 allowed in a PD.

07:49:52 We did contact all the neighbors prior to the official

07:49:55 notice of this meeting, and we held a neighborhood meeting

07:50:00 to invite the neighbors to provide any comments.

07:50:02 That meeting was held on September 23rd.

07:50:04 Only one affected neighbor attended the meeting, and they

07:50:11 are not opposing our petition, and we have two support

07:50:16 letters from adjacent property owners on Swann a -- Swann

07:50:21 Avenue.

07:50:21 I would be happy to answer any questions.

07:50:23 >>MARY MULHERN: Any questions?

07:50:31 Could you supply the letters for the record?

07:50:33 >> Yes.

07:50:34 >>MARY MULHERN: Anyone from the public wishing to speak?

07:51:15 >> Motion to close.

07:51:18 >> Second.

07:51:18 >>MARY MULHERN: All in favor?

07:51:21 Aye.

07:51:24 Councilman Suarez?

07:51:26 >>MIKE SUAREZ: I move an ordinance being presented for

07:51:28 first reading consideration, an ordinance rezoning property

07:51:30 in the general vicinity of 36077 West Swann Avenue in the




07:51:34 city of Tampa, Florida and more particularly described in

07:51:37 section 1 from zoning district classification PD, planned

07:51:41 development, veterinarian hospital, to CG, commercial

07:51:45 general, providing an effective date.

07:51:45 >> Second.

07:51:48 >>MARY MULHERN: Seconded by Councilman Cohen.

07:51:52 All in favor? Aye.

07:51:55 Anyone opposed?

07:51:56 >>THE CLERK: Motion carried with Miranda being accent.

07:52:00 Second reading and adoption will be on December 1st at

07:52:03 9:30 a.m.

07:52:05 >>MARY MULHERN: Item number 10.

07:53:00 >>ABBYE FEELEY: Land development.

07:53:01 Council, the final item on your agenda this evening is

07:53:03 Z-11-39 located at 1915 and 1921 north 53rd street.

07:53:10 The application this evening is from PD planned development,

07:53:15 recycling, building, auto, to IH, industrial heavy.

07:53:18 The request is Euclidean request, therefore no waivers are

07:53:22 permitted.

07:53:30 I am going to give a little bit of history before Tony

07:53:33 starts his presentation.

07:53:39 This site was previously PDd quite awhile ago.

07:53:48 This was PD'ed back in 2005 and came back before you a

07:53:54 couple of years ago, and the request for some modifications

07:53:58 to the PD was denied.




07:54:01 During the interim, council adopted modifications to the

07:54:07 recycling use within the use table, and added some

07:54:12 conditional standards to that use, and I provided that for

07:54:14 you this evening on a handout that I think will let you

07:54:18 better understand what's going on on this property.

07:54:21 So that is the handout that includes 27-155.1 that talked

07:54:26 about recycling materials and goods.

07:54:31 And also I provided you with the open storage handout that

07:54:36 talks about stacking, and stacking Heights, within the uses

07:54:41 of open storage, and what the buffer requirements are for

07:54:43 that.

07:54:49 The operations on this site don't really lend themselves to

07:54:52 a PD because they are constantly moving around.

07:54:55 And I'll show you some pictures of that.

07:54:57 And that's really what's come back before you is now the

07:55:00 stacking and other items have been addressed under the new

07:55:03 regulation for this use and under the open storm, the PD

07:55:08 that granted waivers for stacking is no longer really

07:55:11 necessary, if they can meet and satisfy the conditions that

07:55:14 you as a council have adopted for that use.

07:55:26 This is the subject site we are talking about, shown to you

07:55:29 here in yellow.

07:55:32 And the property owner as a corporation also owns this

07:55:39 property here to the north.

07:55:41 In the original PD, there was a plan for a scale house and




07:55:45 access that came down and around.

07:55:47 The applicant came to me and wanted to move the scale house

07:55:51 onto their new property and also move the access over, no

07:55:54 longer coming down 53rd street.

07:55:59 Because of the PD and the way that the access are controlled

07:56:02 on a PD we could not do that administratively.

07:56:05 We couldn't move the scale house up, we couldn't move the

07:56:07 access over.

07:56:08 That's one of the reasons the prior PD came back before you.

07:56:11 But also in order for them to move forward on use of this

07:56:16 property and realigning that access, we have to under do the

07:56:20 condition of the access that's on that PD.

07:56:23 So I wanted to give you some background.

07:56:25 And when you start talking about all the moving pieces, it's

07:56:28 a little difficult to understand, and very intimate

07:56:35 knowledge of this piece of property and what's going on,

07:56:37 given kind whereof we have been the past couple of years

07:56:40 together in trying to provide for this industry to continue

07:56:43 within the city and meat its needs and also the zoning

07:56:48 requirements at the same time.

07:56:49 So I will ask Tony to talk to you about the underlying land

07:56:53 use.

07:56:53 I do have a couple pictures of this site, and some of the

07:56:57 operations that go on out there.

07:57:07 >>TONY GARCIA: Planning Commission staff.




07:57:08 I have been sworn in.

07:57:13 Abbye gave you a little bit of history.

07:57:15 I am going give you more history.

07:57:16 I am going to go a little farther back.

07:57:18 The site is located -- first let's go to the district map,

07:57:22 and we'll look at the district map and say, okay, over here

07:57:26 on the eastern edge of the central planning district.

07:57:30 As you were to go out, outside the city limits, so it's

07:57:33 fairly proximate to your city limit boundaries.

07:57:36 It's located a little bit more specific over here, south of

07:57:40 Broadway, the land use category is heavy industrial now,

07:57:47 around 2003 changed it from light industrial to this black

07:57:51 color so it was this gray color and got changed to the black

07:57:54 color.

07:57:55 It's adjacent to -- and this is all heavy industrial here.

07:57:58 This is transitioning use 24.

07:58:00 In is all light industrial.

07:58:01 And this residential 20 to the north, some commercial over

07:58:04 here, because you are close 50th street.

07:58:07 350th street is just to the west, which is significant

07:58:12 commercial corridor as it's an access to know go north, to

07:58:16 the Busch Gardens area, or to go south to Adamo Drive.

07:58:21 Let me give you an aerial to show you a greater scale.

07:58:26 They are located to the south so you do have quite a bit of

07:58:28 noxious activity that's going to be going on in this area




07:58:31 proximate to the site.

07:58:32 So the uses that are going to be here are really kind of

07:58:35 similar.

07:58:36 What's interesting about this area, though, the area is

07:58:38 really a mixed bag of a lot of different things.

07:58:41 There are still some residential uses that are located in

07:58:43 the light industrial areas, as is evidenced by the aerial

07:58:49 here.

07:58:49 Let me go ahead and show you a little bit more, a closer

07:58:52 scale so you can see there is a trailer park proximate to

07:58:56 the area, and trailer park on the north side of Broadway

07:58:59 there, and then as you can see, you do have -- these are all

07:59:04 stacked cars that are crushed so you have a lot of recycling

07:59:09 that is going on in the area, so that is the predominant

07:59:13 character along Broadway but interspersed within this area,

07:59:17 it's a very unique area that still has some significant

07:59:21 amount of heavy industrial land available to those types of

07:59:25 uses, is the if you still want to do that within the city,

07:59:31 but you still have some pockets of residential use that have

07:59:34 been able to coexist throughout the last five or six decades

07:59:38 because some of the people in the area I think do work in

07:59:41 the area so it's very convenient for them to go ahead and

07:59:44 live in alive-work environment.

07:59:46 Planning Commission staff found the proposed request to go

07:59:48 from a PD back to the IG and the HI which are really more




07:59:52 stringent because of Euclidean zoning districts, and more

07:59:57 stringent as far as the requirements that are requested.

07:59:59 There's no waivers that you can ask for in the Euclidean

08:00:04 zoning district so it's really to the more intensive type of

08:00:08 use that's presently being conducted on the site.

08:00:10 Planning Commission staff again found the proposed request

08:00:13 consistent with the comprehensive plan.

08:00:26 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.

08:00:28 And I have the pleasure of representing Kimmins corporation

08:00:32 in this application buff this evening.

08:00:35 I'm joined by Ms. Candice Agosto who is with Kimmins and

08:00:44 she's very familiar with this project and the process that

08:00:48 Kimmins does.

08:00:49 I would like to tell you about that because it is a good

08:00:52 citizen for our city.

08:00:54 It is a green industry.

08:00:56 It is an industry that provides jobs and can provide more

08:00:58 jobs.

08:00:59 And let me take you to the aerial briefly and explain what

08:01:05 they do.

08:01:06 First of all, when Kimmins is selected as a demolition

08:01:11 contract, or goes to demolition site, demolishes a building,

08:01:16 the bulldozers clean the demolition debris and a semi truck

08:01:21 that comes to this yard, which is on Broadway, three blocks

08:01:24 past 50th street.




08:01:26 50th street is highway 41.

08:01:28 And you will notice when you cross 50th street you come

08:01:31 into a significant industrial area.

08:01:32 And as you proceed to the city limits.

08:01:36 The trucks turn right on 53rd street, come all the way

08:01:41 down 353rd, they enter the yard, and then the demolition

08:01:46 debris is offloaded, and then it is sorted on the yard.

08:01:49 And what you are seeing here is a very sorting that goes on

08:01:53 at the yard.

08:01:57 Ferrous to nonferrous metals require moved from the

08:02:00 demolition debris and generally placed on rail lines

08:02:03 separated by CSX railroad.

08:02:06 This is the UCETA rail yard for CSX corporation, a major

08:02:12 rail yard.

08:02:34 The waste material is shipped away.

08:02:37 However, the concrete mortar debris is broken down in

08:02:42 various sizes and stacked in various stacks in the yard.

08:02:49 Most of this concrete material is used for riff-raff,

08:02:54 stormwater use that are sold to municipalities and counties,

08:02:58 primarily roadbed and varying sizes and the diameters, and

08:03:02 this reduces the demand of our natural resources, national

08:03:07 line stones that is mined and used as roadbed, and the state

08:03:11 road department and counties and municipalities.

08:03:13 So instead of mining limestone stone we are now using

08:03:17 concrete mortar as roadbed material and other uses.




08:03:22 That's a brief snapshot of what Kimmins does.

08:03:25 The metal is reduced in pliable sizes, placed on the rail,

08:03:29 and these large metal shredders on the property is also

08:03:32 used.

08:03:33 Basically, that's their operation.

08:03:36 This is a heavy industrial operation.

08:03:38 And Ms. Feeley's report have gone through the findings that

08:03:43 are required under the zoning code.

08:03:46 She has digested the amendments that we worked on over the

08:03:49 last two years to create standards in the IH zoning district

08:03:53 so we can rezone to this district.

08:03:56 This is clearly competent and substantial evidence in the

08:03:59 record to support the approval.

08:04:01 Mr. Garcia continues -- and he makes findings of consistency

08:04:06 with the comprehensive plan, and he notes very succinctly in

08:04:10 his report on page 2, consistency with and furthering of the

08:04:19 intent of the Tampa comprehensive plan.

08:04:21 Industrial lands provide places for businesses to provide

08:04:25 employment and services to the city and regional residences.

08:04:31 Industrial land are an essential component of the city's

08:04:34 diversified economic base.

08:04:36 Industrial lands are vital to the city's long-term economic

08:04:40 sustainability.

08:04:42 Mr. Garcia concludes with his report with a finding of

08:04:46 consistency.




08:04:49 In Ms. Feeley's report, she summarizes the reports from all

08:04:55 city agencies.

08:04:56 They are all consistent with the comprehensive plan in

08:04:59 chapter 27 of the rezoning code.

08:05:02 With this application -- with approval of this application

08:05:07 we will be able to complete installation of the scale house

08:05:09 on 354th street; we move traffic from 353rd street

08:05:14 and have a main entrance on 354th coming into the main

08:05:17 yard, and continue to do the good works that Kimmins does

08:05:21 with the community and for its employees.

08:05:24 Ms. Agosto is here to answer any questions and I remain

08:05:29 available and reserve the remainder of my comments for

08:05:33 rebuttal.

08:05:33 Thank you for your time.

08:05:34 >>MARY MULHERN: Any questions from council?

08:05:39 Is there anyone from the public who wishes to speak on this?

08:05:51 Anyone who wants to speak has been sworn in at this time?

08:05:55 >> I have not been sworn.

08:05:56 >> Anyone else?

08:05:59 Do you swear to tell the truth, the whole truth and nothing

08:06:05 but the truth?

08:06:06 >> I do.

08:06:07 Before I start I would like to distribute some material.

08:06:30 For the record, Linda Pearson, president of Pearson Planning

08:06:33 Services.




08:06:33 I have three waivers tonight that I would provide to the

08:06:37 city attorney from three in the audience.

08:06:46 >>MARTIN SHELBY: If they could please raise their hands.

08:06:49 Thank you.

08:06:50 >> I am also representing Alan Sicard and maintenance LLC.

08:07:03 To just add a little bit of information for you, if we could

08:07:07 zoom out.

08:07:10 This is Alan's auto park, LLC, outlined in red, the property

08:07:17 owned by the Kimmins corporation, and the residential area

08:07:20 here I have outlined in purple, as well as across Broadway

08:07:26 to the north side of the subject property.

08:07:30 I have provided you

08:07:32 A photo exhibit with some detail which I have tabbed for

08:07:36 you.

08:07:41 There is also a packet of 14 letters in opposition.

08:07:43 These are not form letters.

08:07:45 These are individual letters from neighbors that either own

08:07:49 or live in the community and in the vicinity of the subject

08:07:53 property, particularly in this area here, and I have also

08:08:00 summarized their concerns for you.

08:08:02 On the last handout that I provided you.

08:08:06 We are here tonight.

08:08:09 >>MARY MULHERN: Ms. Pearson, we need one more.

08:08:16 Mr. Shelby has asked for another one.

08:08:20 >> I want it in the record and I will give you my copy if




08:08:34 you are short one.

08:08:35 I have one extra of these.

08:08:36 >>MARY MULHERN: Thank you.

08:08:42 >> You're welcome.

08:08:43 And I appreciate the opportunity to do that.

08:08:45 First of all, we are all opposed to the IH zoning.

08:08:49 There is no IH zoning on the north side of the railroad

08:08:52 tracks.

08:08:54 This is a land use category and the IH zoning that is

08:08:57 currently zoned PD would be the only one that separates,

08:09:02 that is on the north side of the railroad tracks in the

08:09:04 vicinity in the maps that have been shown to you tonight.

08:09:08 The access change that has been discussed, the buffers that

08:09:12 has been discussed, that could be accommodated, could be

08:09:15 accommodated in the PD.

08:09:16 IH zoning is not the only way to accommodate the descriptive

08:09:21 uses that Mr. Grandoff has listed tonight.

08:09:24 We understand that designation is there, the neighbors

08:09:28 opposed it at the time, and the prior rezoning, but because

08:09:31 of the PD zoning and the conditions of the approval, we had

08:09:34 some assurances that we thought would give us some peace of

08:09:39 mind with this heavier use in the area.

08:09:41 They came back, I believe, about a year or so ago, and

08:09:46 thanks to council members Mulhern, Miller, Saul-Sena and

08:09:49 Miranda, the request to rezone was denied at that time.




08:09:54 I think it's important to note that the IH allows them to go

08:09:57 to a 40-foot height of outside storage.

08:10:01 They were at that height some time back a few years ago.

08:10:05 These are some photos of what they estimated at that public

08:10:09 hearing to be 40 to 45 feet of concrete and dirt mounds.

08:10:15 But you can see in the photos that were used at that public

08:10:19 hearing at that time.

08:10:20 This is an extensive height, 40 feet in height.

08:10:28 Dust and nuisance materials to the neighborhood.

08:10:36 Also, these are pictures taken today of the smoke and dust

08:10:39 that's generated from this site daily.

08:10:43 You can see the smoke here, and more smoke in this area from

08:10:46 the adjacent property.

08:10:48 And this is what the neighbors are having to deal with and

08:10:51 breathe in on a daily basis.

08:10:54 They have been cited in the past for illegal tree removal.

08:10:59 Whether they have been find, I don't know to that extent.

08:11:02 They have been cited for altering the drainage without

08:11:05 stormwater permission.

08:11:06 Your stormwater staff has been out for that.

08:11:08 Some of the letters that were submitted tonight from some of

08:11:10 the residents indicate that some of the recent stormwater

08:11:13 activity in the area was a direct result of the interrupted

08:11:19 natural drainage flow that has been experienced buttress

08:11:21 dents, and the public streets, and on the adjacent




08:11:25 properties, which has never happened before.

08:11:28 According to what was indicated to me.

08:11:35 Yes?

08:11:36 >>YVONNE CAPIN: You stated that you are not sure if signs

08:11:38 have been -- fines have been paid or not, but here in your

08:11:41 documentation it says signs have reportedly been paid.

08:11:45 >> We don't know the extent of those fines.

08:11:48 I did talk with staff.

08:11:49 They indicated that they had been.

08:11:52 Some others have said that they have not been.

08:11:54 So I'm not sure whether they have been fined.

08:11:57 Perhaps they can clarify that.

08:11:58 But they have had extensive tree removal without permit on

08:12:01 the property.

08:12:06 >>YVONNE CAPIN: This is in this report, that you really

08:12:10 don't know.

08:12:10 >> Yes.

08:12:11 I talked with Mrs. Bryson who indicated that they had been

08:12:15 fined after the fact, but she did not know the amount.

08:12:20 So that's the only information I have been able to ascertain

08:12:23 relative to those fines.

08:12:24 >> Then where did you get the $250,000 from?

08:12:33 >> I know you all heard me say this before, but the fact

08:12:35 that this property may have been under some kind of

08:12:38 enforcement action, or may have been required to pay fines,




08:12:41 related to those actions, is completely not relevant to your

08:12:45 decision today.

08:12:47 So I would caution you against continuing to ask questions

08:12:50 on that basis, because it isn't relevant, and remind council

08:12:54 that there is a court reporter here and we do need to be

08:12:57 concerned with this record.

08:13:00 >>YVONNE CAPIN: Thank you.

08:13:00 >> Photo exhibit that I present towed under tab 1 shows you

08:13:07 the piles of scrap metals currently stored on this site

08:13:12 about 8-foot height.

08:13:14 I think that's important to note because there is also a

08:13:17 constant pounding of operation from this site, and dust

08:13:20 generation, and as we indicated on a daily basis there's

08:13:25 smoke generation from the site.

08:13:26 They have not maintained their 8-foot height of their PD

08:13:32 zoning.

08:13:36 Once again does demonstrate dust settlements of other

08:13:41 properties.

08:13:43 This is the impact this is generating.

08:13:45 My clients have leased property when we were here two years

08:13:49 ago and three years ago that was leased by a roofing

08:13:53 materials contractor, when his lease was up he said, I can't

08:13:57 stand this anymore.

08:13:58 These are pictures of dust that get inside the building,

08:14:02 generated from the Kimmins operation that is on their




08:14:07 material.

08:14:07 We get out twice a day.

08:14:09 My client has tried to release his building with a new

08:14:14 tenant and they come through the day, they hear the constant

08:14:17 pounding of the breaking up of the concrete or whatever it

08:14:20 is they are doing, and they are pounding with their

08:14:23 recycling operation.

08:14:24 And the noise and the dust, nobody wants to lease there

08:14:29 anymore.

08:14:30 So it is impacted negatively all of the community.

08:14:34 And tab number 3, we have got the southern boundary of the

08:14:39 site, which is near the railroad tracks, which I am

08:14:43 demonstrating to you with those photographs, as well as the

08:14:46 homeless area that is there that seems to be interested in

08:14:50 pursuing the site because it's been secured at night, and I

08:14:55 have included with it a police report to the address at

08:14:59 1921-53rd street north, which are mostly all burglaries,

08:15:08 alarms, all kinds of information.

08:15:13 We have documentation of the tree destruction on the site

08:15:16 that has previously occurred.

08:15:19 And in tab number 5 outlines for you the request for denial

08:15:23 that my clients are requesting relative to the business

08:15:27 owners, of the area, and I will not read those to you but we

08:15:34 are asking that they be denied.

08:15:36 We have the 14 letters in opposition plus a summary of the




08:15:38 neighborhood concerns for resident who were there.

08:15:41 And we appreciate your time, and just ask you to not let

08:15:45 this IH be approved, because these residents, these

08:15:49 businesses are all light industrial, their general interests

08:15:53 are commercial, they are residential, there is no heavy

08:15:56 industrial in the area, in any of the aerials that they have

08:16:00 shown you north of the railroad tracks.

08:16:03 We do not believe it is compatible and it's not conducive to

08:16:06 the residential community and the affordable housing

08:16:10 projects that is established four acres, 48 units, one of

08:16:15 your letters is from that property owner, and he's indicated

08:16:18 that his family are not in a position where they can move

08:16:24 easily, and there may be other testimony in that regard.

08:16:27 But I thank you for your time.

08:16:28 >>MARY MULHERN: Thank you.

08:16:30 Is there anyone else who wishes to speak?

08:16:32 >> I'm the manager.

08:16:42 Live directly behind the operation.

08:16:48 In the early in the morning to late at night all you hear

08:16:50 are front loaders pounding, dust, smoke, whole nine yards.

08:16:54 Can't get a good night's sleep over there.

08:16:56 And it's not a trailer park, it's a mobile home community.

08:17:02 There are people all times of night trying to steal stuff.

08:17:05 They are recycling to sell.

08:17:08 And the heavy industrial, is already bad enough as it is.




08:17:16 That's all I have to say.

08:17:17 >>MARY MULHERN: Can you show us on what overhead map is up

08:17:21 there where the residential is?

08:17:52 >> This is my home.

08:17:55 I live at 5121 par court.

08:17:57 I lived there for two years.

08:17:59 And all you hear from morning to night is the front loaders,

08:18:03 glass breaking, and, I mean, it's terrible.

08:18:05 I moved from this street to this street, 5120, and you still

08:18:11 hear the same noise all night long.

08:18:14 I lost about six air conditioners due to people trying to

08:18:16 sell them, to recycle them, I mean to scrap them.

08:18:22 It's just terrible.

08:18:23 >>MARY MULHERN: Thank you.

08:18:31 Anyone else?

08:18:34 Wishing to speak?

08:18:35 >> Good evening.

08:18:42 My name is Janis Paige, and I am the property manager of the

08:18:47 mobile home community.

08:18:50 We live -- we have been living there now, we have been there

08:18:53 for four years now.

08:18:54 And it has gotten progressively worse with the noise, with

08:19:00 the dust.

08:19:01 We have elderly people who live on that street who can't

08:19:04 afford to move anywhere else.




08:19:06 Who have respiratory problems.

08:19:08 I have a gentleman who is consistently, because of when the

08:19:11 dust flies, he winds up in the hospital.

08:19:14 This is not good for our neighborhood.

08:19:16 This is not good for our community.

08:19:19 Another thing that I have a problem with, they dig up

08:19:24 vegetation, and for me that is a very big problem.

08:19:28 It smells.

08:19:29 We have come out of our house thinking things were on fire

08:19:32 because of the smell and the burning.

08:19:34 It's been a difficult row to hoe, and we just can't afford

08:19:40 to have our community -- and it's a small community,

08:19:44 granted -- but it's a family community.

08:19:46 I have 72 children there.

08:19:49 And they are used to playing and being able to run and play

08:19:53 in our community without this.

08:19:58 We have had water problems.

08:20:00 They have broken the water pipes where we had to have the

08:20:02 city come out and fix it.

08:20:03 And then we had to boil our water for 24 hours.

08:20:07 There's been a number of other incidents.

08:20:10 The crimes and break-ins there.

08:20:12 Now, that is one thing, people trying to get things, now,

08:20:18 they steal.

08:20:19 Let's just tell the truth, they steal.




08:20:22 They will steal to get their drugs, whatever.

08:20:25 And we live right there beside Kimmins.

08:20:28 Now, Kimmins could be a very good neighbor to us by not

08:20:32 going through with this rezoning.

08:20:35 And it would make it a lot easier for us to tolerate them if

08:20:39 they would hear us and know that we are trying to coexist

08:20:46 peaceably, and preferably with our health intact.

08:20:50 Thank you.

08:20:51 >> Thank you.

08:20:55 Anyone else wishing to speak on this?

08:21:02 Councilman Suarez?

08:21:03 >>MIKE SUAREZ: I was waiting to see if there's anyone else

08:21:05 but I do have a couple of questions.

08:21:09 Ms. Feeley or Ms. Cole, either one.

08:21:14 It doesn't matter.

08:21:14 With the PD use that they currently have, you know, some of

08:21:19 the descriptions from the residents near Kimens location,

08:21:24 are they doing anything that they weren't allowed to do,

08:21:28 based on what we have been hearing in terms of evidence from

08:21:32 the neighbors?

08:21:33 >>ABBYE FEELEY: Land Development Coordination.

08:21:36 And I do have a copy of the current PD with me, and I do

08:21:39 have those conditions, and it may be good at this point to

08:21:42 go ahead through those conditions and show what they are

08:21:45 currently operating and what they would have under the IH.




08:21:48 I do not believe they are in violation.

08:21:49 I mean, it does sound to me like there may be some

08:21:52 enforcement issues, but enforcement, I mean, that always

08:21:56 comes with any zoning district.

08:21:57 So if it's enforcement of sound, or vibration or sound, they

08:22:03 would need to, just like it's a nightclub or something, they

08:22:06 would need to call and report that so that the noise could

08:22:09 then be addressed.

08:22:11 Because a land use zoning doesn't necessarily control the

08:22:15 level of the noise or the activity that's occurring.

08:22:17 >> I guess my question would be in terms of a 24-hour

08:22:21 operation, that's not --

08:22:25 >>ABBYE FEELEY: They are not allowed 24 hours.

08:22:27 >> They are not allowed 24 hours. Is there any time frame

08:22:29 in which based on their previous zoning that they had, they

08:22:34 could not continue operations?

08:22:36 >> The condition now is from 6 a.m. to 7 p.m. Monday through

08:22:40 Saturday.

08:22:40 >> And that's -- if we change the zoning from PD to IH,

08:22:49 would that change that time frame in terms of when they can

08:22:52 operate?

08:22:53 >> In the IH district, for this use, there are no hours of

08:23:00 regulation.

08:23:01 And the sheet I gave you, the 155.1, it says if you are in

08:23:05 an IE district then it goes through five criterion and the




08:23:10 fifth one says if a residential zoning lies within 500 feet

08:23:13 of a subject location, these are the hours, 7 a.m. to

08:23:15 7 p.m., 7 a.m. to 9 p.m., but in the second portion, which

08:23:24 says within the IH district, the following standards shall

08:23:26 apply.

08:23:27 And those hours are not.

08:23:30 So they would be subject to city noise ordinance.

08:23:37 >> And the noise ordinance right now says to what time can

08:23:40 operations continue?

08:23:42 >> I don't know that off the top of my head.

08:23:44 >> My guess would be 10 p.m. but that's just a guess.

08:23:47 Mr. Grandoff, if you could, I have a question for you, sir.

08:23:51 How long has Kimmins been operating this particular site, if

08:23:56 you do know?

08:24:00 Since about '02 or '03?

08:24:03 Okay.

08:24:06 Ms. Feeley, I'm sorry, I forgot to ask you this other

08:24:09 question.

08:24:10 I know this is Euclidean zoning.

08:24:14 So can we set a time on the IH as part -- because there's in

08:24:19 a site plan.

08:24:19 >> There is no way to condition that.

08:24:21 >>MIKE SUAREZ: Okay.

08:24:25 Thank you.

08:24:25 >> Councilman Reddick.




08:24:34 >>FRANK REDDICK: Most commercials, landfills, where there's

08:24:48 a lot of dust, I have seen where they have come out, and

08:24:55 they have a sprinkler, and some kind of water, and keep down

08:25:00 the dust control.

08:25:01 Are they doing that at Kimmins?

08:25:05 >> And we water 53rd street from Broadway to the

08:25:11 entrance regularly.

08:25:13 Candice Agosto.

08:25:15 >> Candice Agosto, Kimmins corporation.

08:25:18 1501 east second Avenue.

08:25:20 Yes, I have been sworn.

08:25:21 We do have a water truck on-site, and we do run water from a

08:25:26 water tower to our aggregate crushing operation.

08:25:31 There is a sprinkler system on the end of the conveyors as

08:25:34 well as a sprinkler system on the end of the conveyer on the

08:25:43 scrap side.

08:25:43 >> How are you utilizing the water truck or the sprinkler

08:25:46 system?

08:25:46 >> The water truck is utilized usually on an hourly basis,

08:25:51 depending on, you know, what the environment is.

08:25:57 If it's raining, during the summer, more than during the

08:26:00 winter, but it's usually run every hour to two hours.

08:26:04 >> After you met with the neighbors -- you have met with

08:26:15 them prior to this, them come here tonight to see if you can

08:26:18 work out some type of a solution with them?




08:26:20 >> Yes, sir, I met with --

08:26:24 >> Just speak in the Mike so we can hear you.

08:26:26 >> Okay.

08:26:27 I met with one of the three of them approximately, well, it

08:26:33 was before the last City Council meeting where we asked for

08:26:36 a continuance, I believe.

08:26:38 So a little over a month.

08:26:39 >> I assume you have been able to reach no compromise?

08:26:44 >> I'm sorry, I can't hear you.

08:26:46 >> I'm assuming that you have not been able to reach any

08:26:50 type of compromise since they are here this evening.

08:26:54 >> Well, yeah, and also what we are asking is to -- a piece

08:27:00 of property that was PDed, not asking for any variances in

08:27:05 that, and when we were up here a year and a half ago, two

08:27:11 years ago, is when we were asking for variances.

08:27:15 You guys have changed your limitations.

08:27:17 It was six foot for heavy.

08:27:20 Now it's up to 40 fat.

08:27:21 And that kind of false in line of what we do.

08:27:37 Just as an understanding -- let me get my orientation.

08:27:45 Can I have the one that's actually the PD?

08:27:47 Because this one here is IG.

08:27:59 Can I put that on top?

08:28:01 That's the actual PD.

08:28:04 Here.




08:28:06 The property which abuts the park here is IG.

08:28:16 And we use that for storage only from the contracting

08:28:21 company.

08:28:22 So there is no haystacking, and the only activity that takes

08:28:26 place there is to on and off-load items like trench boxes,

08:28:32 rebar, MOT materials.

08:28:37 There is no aggregate or scrap activity that takes place on

08:28:43 the IG.

08:28:45 I just want to make in addition to, as a neighbor, we are

08:28:53 putting out a sound barrier wall fence along 352nd and

08:28:58 behind the park.

08:29:01 And this is just some pictures that I took today, and it's

08:29:08 under installation.

08:29:09 As you can see, this is 52nd.

08:29:12 And that's the corner there.

08:29:15 I gave you a corner right there.

08:29:18 It's going to be 8-foot 8 inches.

08:29:28 It will not have any additional sound issues.

08:29:31 I don't see there being sound issues because we don't really

08:29:33 do any heavy work down in that area.

08:29:39 But I thought it was appropriate to have pictures of the

08:29:41 wall that is being installed today.

08:29:58 >>JOHN GRANDOFF: The wall coming down 352nd street.

08:30:00 >> Right.

08:30:01 The wall starts here and goes down to the corner.




08:30:03 And it will go to the end here.

08:30:09 >>JOHN GRANDOFF: Where the mobile homes are, right here.

08:30:20 Show the council where his property is south on 352nd

08:30:26 street.

08:30:36 Show council where the retention pond is.

08:30:37 >> It's right here.

08:30:43 >>JOHN GRANDOFF: The retention pond, an additional buffer

08:30:46 from that property.

08:30:47 Show the council --

08:30:52 >>MARY MULHERN: You will have your rebuttal.

08:30:56 Was he answering your question?

08:30:58 >> I'm fine.

08:31:02 >>MARY MULHERN: Councilwoman Capin?

08:31:04 >>YVONNE CAPIN: In a, I understand.

08:31:05 I was trying to picture where you pointed.

08:31:09 Where the park is.

08:31:10 And N proximity to the property.

08:31:13 And I see where it -- where it backs up to.

08:31:22 >>JOHN GRANDOFF: May I have rebuttal?

08:31:23 >>MARY MULHERN: Are there any other questions?

08:31:26 We might have more questions before rebuttal.

08:31:29 Councilwoman Montelione.

08:31:30 >>LISA MONTELIONE: Thank you.

08:31:32 The only part touched on by Councilman Suarez, his question,

08:31:36 is, Ms. Feeley, if you could maybe list the differences




08:31:43 between what they are allowed to do understood the PD now,

08:31:51 and what they would be able to do under the IH?

08:32:00 Where is the intensity, I guess is where I am going,

08:32:03 happening?

08:32:09 >>MARY MULHERN: I think the response to the questions that

08:32:11 we have had from the public about the noise, the dust, all

08:32:15 of the things that have been brought up, if you could tell

08:32:17 us, as you and Mr. Garcia said, it was more -- I'm just

08:32:25 trying to make it a little easier for her to answer your

08:32:27 question.

08:32:28 More restrictive.

08:32:29 So in what way?

08:32:36 That the neighbors have brought out it's more restrictive to

08:32:41 have the IH as opposed to the PD.

08:32:43 >>ABBYE FEELEY: Let me say very quickly on the PD there are

08:32:46 two waivers, and one was for parking of commercial vehicles

08:32:50 operated by the facility, and the other one was for interior

08:32:55 green space, because of a similar use area so there are only

08:32:58 two waivers on the existing PD that's on there today.

08:33:02 The first condition at the PD was to allow for this use.

08:33:08 So under the IH, this use is also permissible so it's not an

08:33:13 intensification of use in any way.

08:33:15 And the use is existing on the property today, which I

08:33:17 believe has been established.

08:33:22 The second is that allowable uses shall also include all IG




08:33:27 use districts as shown on table 4-1.

08:33:29 I did provide the use table in your staff report for this so

08:33:32 you can see the IG runs next to the IH, in the staff report,

08:33:38 in yellow.

08:33:39 So that two case today as well.

08:33:45 Setbacks shall comply with the IH district requirements as

08:33:49 shown on table 4-2.

08:33:51 The IH is what they are asking for, so they were subject to

08:33:54 those under the PD.

08:33:55 They would remain subject to those today.

08:33:58 The operation shall comply with section 27-136, performance

08:34:02 standards for industrial manufacturing and processing

08:34:05 operations.

08:34:08 The use is now established as use with conditional

08:34:12 regulations, under 27, I believe they will be more

08:34:16 restricted today than the performance standards that used to

08:34:19 be for processing manufacturing, et cetera, because you as a

08:34:22 council just adopted those standards for the specific use

08:34:25 and I provided those in 27-155.1 on that handout.

08:34:29 >>MARY MULHERN: Say again, how would it be more

08:34:32 restrictive?

08:34:33 >> Well, I would have to pull out what 136 is, but 155.1

08:34:38 does require that the property has 10 that you square feet,

08:34:42 that all processing and storage areas are placed outside

08:34:46 entirely closed structures, shall adhere to the buffering




08:34:49 and screening requirements of 27-130 and 138, those

08:34:53 requirements that I provided to you on that other handout

08:34:57 were not there prior for the stacking Heights for the

08:34:58 additional buffer setbacks, with the stack still up, but

08:35:03 none of that was there before.

08:35:05 That is there now to regulate them more restrictively than

08:35:07 what would be allowed on the PD.

08:35:16 Access to the site shall be provided at north 353rd

08:35:19 street north of the subject parcel on the east side of

08:35:22 353rd?

08:35:26 >> It's hard for me to put this on the Elmo but let me see

08:35:28 if I can just kind of show you.

08:35:30 It Bass was to come down 54th, jut over and then come

08:35:34 in.

08:35:35 What I talked about is that they want to move this further

08:35:38 away from residential, and in order for me to be able to let

08:35:43 them draw that line straight, I need to undo where the

08:35:48 access is because this keeps them held to coming in and the

08:35:51 scale house being located there.

08:35:57 The next criteria was that there was a vacating of this

08:36:06 piece here, but off the PD related to that, and a turnaround

08:36:12 or cul-de-sac shall be provided outside of the gated

08:36:15 entrance.

08:36:15 During this process, not this one but the prior rezoning,

08:36:19 that vacating expired.




08:36:22 It was revacated by you all at the same time that the other

08:36:26 PD request was denied to provide for that turnaround.

08:36:32 I believe they have one more year to provide for that, and

08:36:35 once this would allow that access to move, then they could

08:36:38 put the T-turn around and enclose the other access that's

08:36:40 currently there today.

08:36:48 I told you, I know this intimately.

08:36:51 Number 9 requires that sign requirements would be

08:36:53 established and consistent with the IG zoning district, so

08:36:57 that, I believe, would be signage would not be an usual you.

08:37:02 And all applicable stormwater requirements, they will sill

08:37:08 be subject to all applicable stormwater requirements.

08:37:11 I processed this substantial change to help them put the

08:37:14 retention pond in there and put a 200 by 200 concrete slab.

08:37:18 That's one of the things is under this PD, every time they

08:37:21 make a modification on that to improve their operations,

08:37:24 they are having to come back to the city to get that

08:37:26 approval in order to do what is really within their use.

08:37:30 But because of the way things function on the site plan

08:37:33 controlled development, typically a building, in this case

08:37:36 not a building, but operations that are constantly moving,

08:37:41 that makes that part difficult.

08:37:45 A north-south drainage easement -- okay, number 11 was in

08:37:49 order to minimize facility operator will periodically sweep

08:37:54 and/or apply wrought to the entrance at Broadway Avenue.




08:38:00 I can't speak to whether or not our code in those conditions

08:38:04 does not require that.

08:38:06 So that would be one thing that I would think as part of

08:38:11 their standard operating procedure, that would be, but there

08:38:13 would be no way for us to enforce or control that condition.

08:38:20 That would be a change from the PD.

08:38:21 >>MARY MULHERN: Ms. Feeley, where are you getting these

08:38:25 numbers?

08:38:26 Is this the bullet points?

08:38:28 >>ABBYE FEELEY: No, the copy of the existing PD that I

08:38:31 have.

08:38:31 >>MARY MULHERN: Oh, that we don't have.

08:38:33 Isn't it kind of difficult for us to make the decision like

08:38:36 this if we don't know, we don't have that information?

08:38:39 Is there some reason, legal reason we don't have --

08:38:45 >>ABBYE FEELEY: The case before this was a PD to CG and I

08:38:48 didn't provide you with the site plan on that either.

08:38:50 That's not a typical procedure.

08:38:53 If that's something you would like in the future I can

08:38:55 accommodate that.

08:38:56 >>MARY MULHERN: Well, it would certainly help in a case

08:38:58 like this.

08:38:59 I mean, you know --

08:39:01 >> I apologize.

08:39:02 But you never know when you come to a hearing --




08:39:05 >>MARY MULHERN: No, I don't mean -- I'm just saying, it

08:39:08 would be helpful to be able, you know, when we are going

08:39:11 from a complicated PD --

08:39:17 >> I would be more than happy to provide that between first

08:39:19 and second reading, or if this continues tonight or whatever

08:39:21 you may need.

08:39:24 The 12th is just listing the flood zone category.

08:39:26 The 13th, development will proceed according to the

08:39:29 official adopted site plan.

08:39:31 The 14th says hours of operation, 6 a.m. to 7 p.m.

08:39:34 Monday through Saturday. 15 says the --

08:39:35 >> I just want to interrupt. I'm just trying to be a little

08:40:31 bit clear here, because you are reading through the PD

08:40:33 conditions -- yes, the PD conditions, but not all of them

08:40:38 are going to carry over, so to speak, to the new zoning.

08:40:42 And I just want to make sure that we understand which ones

08:40:45 will carry over, and which ones will not.

08:40:48 And so, you know, when you said that, that made me think a

08:40:51 little bit that maybe all the conditions that you have

08:40:54 currently are not going to carry over, so that if this board

08:40:58 makes a decision to go ahead and grant this rezoning, I want

08:41:03 to make sure that there's not going to be a change in what

08:41:09 can be done in terms of operation, other than those things

08:41:11 that we know right up front.

08:41:14 Okay.




08:41:15 So I don't know if there is a way to present that to us.

08:41:19 And I know it's difficult because you are the only one that

08:41:22 has the information.

08:41:22 And I know why you didn't Britt here, because we didn't know

08:41:25 we were going to have all these questions.

08:41:27 >>ABBYE FEELEY: I think as I have been going through, I

08:41:33 have been trying to inform you of the ones that were

08:41:35 changing and the only ones I have gotten to so far were the

08:41:38 requirements of the periodic watering.

08:41:41 >>MIKE SUAREZ: Right.

08:41:42 Okay, okay.

08:41:42 >>ABBYE FEELEY: And there's only like three more.

08:41:45 >> The next one is the closing with a minimum during

08:42:10 closure, they should be subject to code, solid waste

08:42:13 removal.

08:42:13 So they would need to comply with that under the IH, or

08:42:17 under the PD.

08:42:18 Because that would remain the same.

08:42:20 There will be a maximum of 20 employees for the largest, one

08:42:25 working space per employee will be provided.

08:42:27 A waiver has been requested for impervious surface parking.

08:42:32 This is so they didn't have to improve the parking lot at

08:42:34 the time.

08:42:35 The parking ratio would be the same for the use, since the

08:42:38 use is what is connected to the parking ratio, so that would




08:42:41 not be modified.

08:42:44 The last one was a contractor's office will be provided

08:42:48 on-site, two trailers are shown on the site plan for a weigh

08:42:52 station but there is room for an additional trailer should

08:42:54 the need for an onsite contractor office be required.

08:42:59 They could do that under the IH as well.

08:43:01 That was not a restrictive provision.

08:43:03 So I believe what we are looking at is the watering -- and

08:43:10 that's not linked to the PD.

08:43:12 It's linked to the vacating.

08:43:14 >> Only to hours and watering.

08:43:18 >>ABBYE FEELEY: Right.

08:43:19 I believe Mrs. Cole had the discussion.

08:43:21 >> One other thing was the list would require the buffering,

08:43:37 solid fencing.

08:43:37 >>ABBYE FEELEY: I'm sorry?

08:43:45 In their request for denial, one of the items on here was

08:43:48 the IH would allow 40-foot high stockpiling.

08:43:55 You remember the pictures.

08:43:56 When the established light industrial use are buffering, the

08:43:59 uses -- it's one, two, three, four from the bottom if you

08:44:06 have a copy of it.

08:44:06 >>ABBYE FEELEY: I don't have a copy it.

08:44:09 >>LISA MONTELIONE: Oh, okay.

08:44:11 >>ABBYE FEELEY: If you look on the sheet I handed you, the




08:44:15 open storage requirement, the last provision that's on the

08:44:16 back of the sheet, this is what current code requires for

08:44:20 open storage.

08:44:23 They would be permitted up to 90 feet stacking as long as

08:44:34 they were meeting the associated setback above.

08:44:37 So for each additional foot in height, they have to set

08:44:39 back, you will see the restrictions set forth in 27-138-A,

08:44:51 and this section shall not apply to the geographic area

08:44:55 boarded by Ybor, and channels, and the Lee Roy Selmon

08:45:00 Expressway to the north and the 21st street as it merges

08:45:02 southward.

08:45:03 This is the section for that.

08:45:07 D is applicable to that.

08:45:18 The requirement for stacking for open storage area but do

08:45:21 not abutt residential.

08:45:25 With an 8-foot high, they could get up to 40 feet in height.

08:45:29 Except that this provision exempts this section of the city

08:45:34 and they can get up to 90 feet in height.

08:45:36 >> I'm sorry, I just wanted her to clarify the last point.

08:45:44 >> So what is the provision, is it the provision in the IH

08:45:50 zoning?

08:45:51 >> No, it's a provision in the --

08:45:57 >> Section 27-138.

08:45:58 >> Did you hand that to us?

08:46:01 >> Yes.




08:46:02 >>MARY MULHERN: I'm sorry.

08:46:04 >> This is not a change now.

08:46:15 If the PD were to stay the same today, the PD says they can

08:46:18 have everything in the IH.

08:46:20 So -- I think I saw somewhere in Mrs. Pearson's presentation

08:46:28 that it stated that the PD would restrict them to eight feet

08:46:34 in height?

08:46:35 Is that something that you had said?

08:46:38 I think I saw it somewhere or I heard you say it.

08:46:42 So that was why I had that question about the stack.

08:46:51 So I was quite surprised.

08:46:52 >> For the record, I think the question was directed to Mrs.

08:47:04 Pearson.

08:47:04 >>LISA MONTELIONE: Please.

08:47:07 Because I thought I heard you say that they are restricted

08:47:10 to stacking materials at eight feet and this would allow

08:47:13 them to go 40.

08:47:15 I thought I heard you say that.

08:47:16 >> 27-138, and Ms. Feeley a correctly indicated that they

08:47:22 could go up to 90 feet.

08:47:24 The eight-foot, if I misspoke I apologize.

08:47:27 I was referring to the 8-foot wall that they would have, but

08:47:31 that's the only 8-foot height.

08:47:34 And anything above that is -- I just want to make it

08:47:38 understood that right now, under the current PD, they could




08:47:41 stack up to 90 feet as long as they met the setback

08:47:44 conditions, which, given the conditions for the site, you

08:47:48 are looking at only 40-foot.

08:47:49 >> They can do that now?

08:47:53 >> Yes, they can do that now.

08:47:55 >> This is why we didn't want the HI in that area north.

08:47:59 >>LISA MONTELIONE: But under the PD they are allowed to do

08:48:03 that.

08:48:04 >> I don't see that on the site plan.

08:48:07 >>JULIA COLE: Legal department.

08:48:09 Abbye has gone through all the conditions of PD and

08:48:12 identified the differences.

08:48:13 It specifically states, as part of the PD condition, that

08:48:16 setbacks shall comply with the regulations.

08:48:21 These are part of setbacks, part of what you can do.

08:48:23 And you understand there may be some frustration with the

08:48:26 fact that the comprehensive plan designation on that parcel

08:48:31 changed and when you are reviewing this, you are reviewing

08:48:33 this rezoning to this Euclidean district, in light of the

08:48:38 comprehensive plan, luring at it in light of the existing

08:48:42 zoning which is a PD site plan approval with the conditions

08:48:45 outlined by Ms. Feeley, and you are making a decision

08:48:48 whether or not this Euclidean zoning is consistent with the

08:48:52 comprehensive plan, and consistent with your provisions

08:48:55 under your code as it relates to compatibility.




08:49:00 And it's the context of what you are looking at.

08:49:06 Let me go ahead and answer the question relating to the

08:49:08 hours of operation.

08:49:10 As Ms. Feeley stated, understood the IH district, there are

08:49:13 no specific hours of operation, and that is a difference in

08:49:16 the PD, there are in fact hours of operation.

08:49:20 However, there are noise standards under general city code.

08:49:25 And let me just read.

08:49:28 This is in 27-136, and we also have a noise ordinance which

08:49:33 is 14 -151 which provides that, the way the ordinance works

08:49:42 to the receiving property, if the receiving property is a

08:49:45 residential property from the industrial use, from 7 a.m. to

08:49:48 10 p.m., 6 DBA, from 10 p.m., 7 a.m., 55 DBA, and then it

08:49:55 goes on, if it's commercial or if it's industrial, it's 75

08:50:01 DBA.

08:50:02 There are also vibration level provisions which talks about

08:50:06 what the vibration level can be.

08:50:09 They are not the same as hours of operation but they are

08:50:10 still required to comply with the noise requirements, and a

08:50:13 decision that transportation commission also has noise

08:50:17 standards, you have dust and particle regulations.

08:50:19 There is nothing in either the PD nor within Euclidean

08:50:23 district which would in any way, shape or form get them out

08:50:27 of those requirements.

08:50:28 I don't have those requirements in front of me but I do know




08:50:30 that they exist, and the EPC has authority to enforce those

08:50:37 provisions.

08:50:37 That's really the context of your review and decision at

08:50:40 this point.

08:50:40 Thank you.

08:50:47 >>MIKE SUAREZ: Mr. Grandoff, or the representative from

08:50:52 Kimmins.

08:50:53 Just one quick question.

08:50:55 Are you all planning on extending hours of operation to go

08:51:00 beyond a level of noise that was described by Ms. Cole

08:51:07 currently?

08:51:08 Obviously, right now, under the PD, as I understand it, you

08:51:12 know the hours of operation are 6 a.m. to 7 p.m.

08:51:15 And I assume that's what you do, in terms of operation.

08:51:18 I don't believe that you go past 7 p.m.

08:51:21 We'll take your word for it for right now.

08:51:23 Okay.

08:51:25 Is there any plan -- I'm sorry?

08:51:29 If you could come to the microphone, please.

08:51:30 >> I said that right now we do not -- our normal prayers of

08:51:39 operation are within those times.

08:51:41 Actually, we don't start normally until 7 a.m., and closes

08:51:47 at 5:30.

08:51:50 We do have trucks that come in after that but by the most

08:51:52 part we are done by 7:00.




08:51:54 >> So my question is we are not looking at any change of

08:51:57 operation with the change to the zoning, correct?

08:52:00 >> No, sir.

08:52:00 >> There's in a thought that, hey, we can get three more

08:52:03 hours out of this because now we are zoned that we can get

08:52:06 three more hours, or five more hours, and do some other kind

08:52:09 of activity on there?

08:52:10 That is --

08:52:11 >> There was no discussion about additional hours.

08:52:14 >> Okay, thank you.

08:52:14 >>MARY MULHERN: Any other questions?

08:52:26 >>JOHN GRANDOFF: Let me go back to the aerial briefly.

08:52:30 The retention pond, this triangular shape adjacent to Mr.

08:52:36 Flockhart's property, the other property being the auto

08:52:40 salvage yard, which is here, and this is a Kimmins parcel

08:52:44 that he wanted to purchase, but Kimmins continues to own

08:52:47 that parcel.

08:52:48 The genesis of all of this was to take traffic off of

08:52:52 353rd because a gentleman named Mr. ANTINORI lives about

08:52:58 here on industrial zoned property and did he not want any

08:53:00 more trucks up and down 353rd so the original idea was

08:53:04 to get everything on 54, interests on 54, push everything

08:53:08 away from the residential as much as possible.

08:53:11 None of the subject property with the yellow abuts

08:53:14 residential.




08:53:16 It's very important we do not abut residential.

08:53:19 With this operation.

08:53:30 Excuse me for a moment.

08:53:32 My papers got mixed up.

08:53:39 Primary concerns are noise, and dust.

08:53:42 On January 11th of this year, environmental engineering

08:53:46 consultants visited the Kimmins site.

08:53:50 All six emissions were found to be in compliance with a

08:53:54 maximum 60 averages of zero percent.

08:53:57 Visible admission, process, certificate of observer are

08:54:04 attached confirming we were not violating of any standard.

08:54:08 I would like to file that this evening.

08:54:11 We are regulated under the noise ordinance that Ms. Cole

08:54:14 explained to you.

08:54:14 >>MARY MULHERN: Mr. Grandoff, that report that you just

08:54:17 described, is that required by statute?

08:54:23 You commissioned it or what?

08:54:26 It was the EPC, the county EPC?

08:54:29 >> Yes, Hillsborough County EPC, was prepared at their

08:54:34 direction.

08:54:34 We are in compliance with EPC standards.

08:54:46 This is the photograph that Candice took.

08:54:48 I am going to file that also, adjacent to the mobile homes.

08:54:55 On Kimmins property.

08:54:56 It's not on the subject property.




08:55:04 The photograph Mrs. Pearson showed you, the flooding on

08:55:08 Broadway, completely inflammatory.

08:55:12 I don't know where that goes.

08:55:14 I ask you not to consider that at all as competent,

08:55:17 substantial evidence this evening.

08:55:28 Ms. Feeley's dialogue on the current conditions, Ms. Cole's

08:55:32 legal opinion to you on enforceability of the noise

08:55:34 ordinance, competent, substantial evidence we have filed in

08:55:38 the record the fines and her reports all point towards

08:55:43 approval of this project.

08:55:44 I respectfully request that you approve the rezoning to IH

08:55:48 this evening.

08:55:49 Thank you very much for your time.

08:55:50 >>MARY MULHERN: Councilwoman Capin.

08:55:55 >>YVONNE CAPIN: I move to close the public hearing.

08:55:56 >> Second.

08:55:58 >>MARY MULHERN: Before we do that, I had a couple of

08:56:01 questions.

08:56:04 Can you refresh my memory?

08:56:06 Or it might be Ms. Feeley, you might remember it.

08:56:11 So the last time we heard this, it was -- I'm trying to

08:56:22 remember.

08:56:22 Was there a zoning change?

08:56:25 We already had the PD.

08:56:36 We didn't change the zoning at all, did we, council?




08:56:40 >>ABBYE FEELEY: Land development.

08:56:42 The first PD was originally granted back in 2003.

08:56:44 >>MARY MULHERN: 2003.

08:56:47 Okay.

08:56:47 >> Before Abbye and before Mulhern.

08:56:50 >>MARY MULHERN: Thank you.

08:56:52 >> I believe the case was Z 08-48, or one of those.

08:57:01 And -- 0840.

08:57:07 That request brought in this and the new property that they

08:57:12 had purchased in trying to combine everything into one PD.

08:57:16 And that was denied.

08:57:18 >>MARY MULHERN: So that's the last time we heard it?

08:57:21 >> And to do those things we talked about doing opportunity.

08:57:26 And after that was denied, City Council reconsidered the

08:57:32 use.

08:57:33 Because it wasn't just Kimmins, by my knowledge.

08:57:36 It's the other material recovery facilities, and there are

08:57:41 other operations within the city and other places that are

08:57:44 operating, and the conditions that council began to put

08:57:50 together, and ultimately adopted, addressed the operation of

08:57:54 those uses, not only here but throughout the city --

08:58:01 >>MARY MULHERN: In the zoning code as opposed to anything

08:58:07 specific to this property.

08:58:10 We haven't done, have we?

08:58:13 >>ABBYE FEELEY: In a.




08:58:13 No.

08:58:14 The application got denied and you can't come back on an

08:58:16 application for a year unless you are substantially

08:58:19 addressing this, and the only other way to address this was

08:58:23 to put it back to IH or to come back before you with another

08:58:28 PD and try to do whatever, but they can have the stacking

08:58:31 Heights.

08:58:31 So the only thing really another PD would do is move the

08:58:34 access and keep those two conditions that you are talking

08:58:37 about tonight.

08:58:37 >>MARY MULHERN: Okay.

08:58:39 Thank you for that.

08:58:40 Now I understand why you didn't give us the PD.

08:58:45 It was way back.

08:58:46 >>ABBYE FEELEY: Yes.

08:58:49 >>MARY MULHERN: I still have another question for Mr.

08:58:56 Grandoff.

08:59:00 I guess you worked with them on these, and in the code.

08:59:08 >>JOHN GRANDOFF: Yes.

08:59:08 >>MARY MULHERN: So I guess the only thing in here that it

08:59:15 looks like it might be -- if gowned with IG, the hours would

08:59:23 have been restricted, right?

08:59:24 I mean, is there some reason you could do IG instead of IH?

08:59:29 Because -- right?

08:59:36 >> We cannot do IG, because it will not allow us to do the




08:59:41 uses that we do on the property.

08:59:44 This kind of usage, you have to have IH.

08:59:46 >> Okay, you can't do any of these uses.

08:59:49 But you are doing under the PD even IG?

08:59:52 >> No.

08:59:53 In a.

08:59:53 It's got to be IH.

08:59:55 >> All in favor of clogs?

09:00:07 >> Before do you that, I want to give Mr. Grandoff the last

09:00:10 word if he needs to have one, additional comments, anything

09:00:16 you want to say in closing?

09:00:17 >> Do you have any other additional questions?

09:00:19 I have several items of paper that Mr. Shelby gave me the

09:00:24 courtesy of that I probably ought to get filed now, if you

09:00:27 give me one moment so, we don't misplace them.

09:00:32 These are the photographs that Ms. Agosto took and also the

09:00:37 environmental consultant.

09:00:38 And then --

09:00:56 >> A series of letters.

09:00:59 >> I'm returning the letter, and the booklet that Mr. Shelby

09:01:09 gave us.

09:01:10 >> Okay.

09:01:22 And that accounts for everything.

09:01:23 >> We have nothing further.

09:01:28 We ask for your approval this evening.




09:01:29 >> The motion to close.

09:01:31 All in favor?

09:01:32 Anyone opposed?

09:01:35 What's the pleasure of council?

09:01:42 >>YVONNE CAPIN: I move the ordinance.

09:01:46 Do you want me to go ahead?

09:01:47 Move to approve.

09:01:48 >> Ordinance being presented, first reading consideration,

09:01:53 an ordinance rezoning property in the general vicinity of

09:01:57 1916 and 1921 north 53rd street in the city of Tampa,

09:02:01 Florida and more particularly described in section 1 from

09:02:05 zoning district classifications PD planned development,

09:02:09 recycling, building, and auto to IH, industrial heavy,

09:02:14 providing an effective date.

09:02:19 I just want to say because I was here, and we did hear about

09:02:27 this property, and this zoning a few years ago, that, you

09:02:32 know, after hearing testimony tonight, I just don't see

09:02:37 it -- I don't discount the concerns of the neighborhood.

09:02:40 It is a very intensive use to have next to residential, but

09:02:46 I just can't see how changing this zoning would make those

09:02:55 any worse, and it looks like in some ways there might be the

09:02:59 possibility for having more enforcement.

09:03:07 I think this is just a matter of needing to report when the

09:03:12 problems are happening.

09:03:14 And just wanted to say that before we vote.




09:03:18 All in favor?

09:03:20 Anyone opposed?

09:03:22 >>THE CLERK: Motion carried with Miranda being accent and

09:03:28 Reddick voting no.

09:03:29 Second reading and adoption will be on December 1st at

09:03:32 9:30 a.m.

09:03:34 And Madam Chair, who made the motion to close, please?

09:03:36 >>MARY MULHERN: Councilwoman Capin.

09:03:40 >> Second.

09:03:43 >>THE CLERK: Thank you.

09:03:44 >>MARY MULHERN: New business.

09:03:52 Councilwoman Montelione.

09:03:53 >> No new business.

09:03:57 >>HARRY COHEN: One item, Madam Chair.

09:03:59 Thank you.

09:04:01 On October 13th, of this year, Congresswoman Castor

09:04:06 wrote a letter to the Environmental Protection Agency asking

09:04:10 them to reconsider funds that they rescinded from Tampa for

09:04:17 canal water quality project improvement, and that was 1.2

09:04:23 million that the city was depending on to have that money to

09:04:27 match money that we were spending in order to dredge canals

09:04:32 on the Westshore of the Interbay peninsula.

09:04:36 Today my office received a letter that the EPA denied

09:04:39 Congresswoman Castor's request to revisit that decision, and

09:04:45 they are not going to be giving the city that matching money




09:04:49 that was promised back in 2005.

09:04:52 Given that the city has already expended about $600 that you

09:04:57 on the permitting of this project, and has committed to try

09:05:00 to move forward with it, and also given that there is strong

09:05:07 evidence that the completion of this project will alleviate

09:05:11 some of the flooding issues in South Tampa, I would like to

09:05:14 make a motion that the legal department explore some options

09:05:19 for some other funding sources to replace this match that we

09:05:23 lost from the federal government, and specifically I would

09:05:26 like them to look at special act 95-488, which governs the

09:05:34 Tampa Port Authority.

09:05:35 The port has responsibility for the area underneath

09:05:40 navigable waters.

09:05:41 I would also like them to look into the possibility of

09:05:46 contribution from SWFWMD which is currently assessing a

09:05:48 flood prevention tax on all of the citizens.

09:05:52 I would also like them to look into the possibility of

09:05:54 contribution from the county and the state, because the

09:05:59 sludge and debris that is clogging the drainage into these

09:06:04 canals originates in some part on county roads like

09:06:09 Westshore and on state roads like Dale Mabry.

09:06:13 So given that we want to move forward with this project, I

09:06:17 would like to ask the legal department to come back here

09:06:20 tobacco-free us under staff reports at our December 15th

09:06:23 regular City Council meeting, and give us the result of




09:06:27 their research into this matter, and whether or not we can

09:06:32 achieve some kind of monetary contribution from these other

09:06:36 entities with particular attention being paid to the port,

09:06:40 SWFWMD, Hillsborough County, and the State of Florida.

09:06:42 >> Motion made by Councilman Cohen, seconded by Councilwoman

09:06:48 Montelione.

09:06:49 All in favor?

09:06:52 That's it, thank you.

09:06:52 >>FRANK REDDICK: None.

09:06:59 >>YVONNE CAPIN: Nothing.

09:06:59 >>MIKE SUAREZ: Nothing.

09:07:01 >>MARY MULHERN: I do need to pass the Georgia. I have just

09:07:03 one small item I wanted to add a date to the commendation

09:07:09 that we passed to give to David Straz.

09:07:15 I would like to schedule that December 15th at 9:00 a.m.

09:07:19 >> Second.

09:07:20 >>HARRY COHEN: We have a motion from Councilwoman Mulhern,

09:07:23 seconded by Councilman Suarez.

09:07:25 All those in favor?

09:07:26 Opposed?

09:07:26 >> Move to receive and file.

09:07:32 >> Second.

09:07:33 >>THE CLERK: There was a motion to schedule a VRB appeal

09:07:40 hearing on VRB case 166 that was made last week, scheduling

09:07:44 it for December 15th.

09:07:47 The applicant has withdrawn that appeal, and they are

09:07:50 they're just needs to be a motion to Lee sinned that motion.

09:07:53 >> Move to rescind the motion.

09:07:54 >> Second.

09:07:55 >>MARY MULHERN: All in favor?

09:07:57 Aye.

09:07:57 We are adjourned.

09:08:00 (City Council meeting adjourned).

09:08:04



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