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Thursday, January 12, 2012

5:01 p.m. session


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05:03:11 [Sounding gavel]

05:03:14 >>CHARLIE MIRANDA: City Council is called to order.

05:03:15 Roll call.

05:03:19 >>YVONNE CAPIN: Present.

05:03:20 >>FRANK REDDICK: Here.

05:03:21 >>HARRY COHEN: Here.

05:03:23 >>CHARLIE MIRANDA: Here.

05:03:25 There is a memorandum sent by council member Mary Mulhern

05:03:28 that she will be unable to attend the evening session today.

05:03:32 I want to put that into the record.

05:03:38 Okay, the first item on the agenda is the first adoption

05:03:41 public hearing, item number 1.

05:03:43 >> Good evening, council.

05:03:54 Move to open.

05:03:55 >> Move to open by Mr. Reddick, second bid Mrs. Capin.

05:03:58 All in favor?

05:03:59 Opposed?

05:04:00 The Ayes have it unanimously.

05:04:03 >> Good evening, council.

05:04:04 Rose Petrucha, Planning Commission staff.

05:04:08 This agenda item is for an amendment to the long-range

05:04:13 comprehensive plan for property at 2133, 2135 west union

05:04:20 street.

05:04:20 The request is to amend the comprehensive plan from a

05:04:23 residential 20 category to a community commercial 35

05:04:26 category.

05:04:27 The residential 20 category is a land use that primarily

05:04:33 allows for consideration of residential development and

05:04:37 prior densities.

05:04:38 The community commercial 35 category allows for residential

05:04:43 but is predominantly a commercial land classification.

05:04:50 The petitioner is located in West Tampa, and it was the

05:04:57 subject of a rezoning in 2007.

05:05:02 At that time, the petitioner requested a rezoning for an

05:05:06 office use for a new development.

05:05:09 The project proceeded and was developed in accordance with

05:05:13 the West Tampa overlay district and characteristic for the

05:05:21 building.

05:05:21 However, since that time, in the economy condition, the

05:05:24 petitioner is looking for a few more opportunities in terms

05:05:29 of allowing this use to be something other than just an

05:05:32 office.

05:05:33 And requested an amendment to the commercial 35 category.

05:05:38 The reviewing agency had no objection.

05:05:44 There are facilities available for this.

05:05:48 The comprehensive plan recognizes West Tampa as an urban

05:05:52 village and recognizes that for redevelopment opportunity.

05:05:57 The Planning Commission held a public hearing on September

05:06:00 12th and found it consistent, the amendment to the

05:06:04 comprehensive plan, for this project as this area has

05:06:09 traditionally been developed with a mixture of uses

05:06:12 including residential as well as commercial.

05:06:16 That concludes my presentation.

05:06:17 >> Okay, anyone in the audience care to speak on this item,

05:06:24 item number 1?

05:06:25 Please come forward.

05:06:25 >> I'm Rick Calvadia, 1721 N. Howard Avenue, 33607.

05:06:34 Mrs. Patrucha did a great job presenting it.

05:06:39 I really don't have anything to add unless you have any

05:06:41 questions.

05:06:42 >> Any questions by council members?

05:06:45 Thanks very much.

05:06:46 Anyone else in the audience?

05:06:49 >> Move to close.

05:06:51 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, seconded

05:06:53 by Mr. Cohen.

05:06:54 All in favor?

05:06:55 Opposed?

05:06:55 The Ayes have it unanimously.

05:06:57 Mr. Cohen, would you kindly read the ordinance on item

05:07:00 number 1?

05:07:02 >>HARRY COHEN:

05:07:02 I move an ordinance being presented for first reading

05:07:05 consideration.

05:07:06 An ordinance amending the Tampa comprehensive plan, future

05:07:10 land use map for the property located in the general

05:07:13 vicinity of 2133 to 2135 west union street from residential

05:07:18 20, R-20, to community commercial-35, CC-35, providing for

05:07:23 repeal of all ordinances in conflict, providing for

05:07:26 severability, providing an effective date.

05:07:28 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

05:07:30 Second by Mr. Suarez.

05:07:31 Discussion by council members?

05:07:33 All in favor of the motion please indicate by saying aye.

05:07:35 Opposed, nay.

05:07:36 Motion passes unanimously.

05:07:37 >>THE CLERK: Motion carried with Mulhern and Montelione

05:07:40 being absent.

05:07:41 Second reading and adoption will be on February 2nd at

05:07:44 10:30 a.m.

05:07:47 >>CHARLIE MIRANDA: Thank you very much.

05:07:50 All right.

05:07:51 I guess our 5:01 public non-quasi-judicial public hearing

05:07:56 has been completed and we'll discuss something that council

05:07:59 did, I believe, Mr. Shelby, and we can do that now, I

05:08:03 believe.

05:08:03 >>MARTIN SHELBY: Yes, thank you, Mr. Chairman.

05:08:05 Council, on December 15th, there was a motion that was

05:08:09 made to prepare a resolution in opposition to the Southwest

05:08:13 Florida Water Management District opening of the Cypress

05:08:17 Creek preserve to additional hunting.

05:08:20 Council, since that time, in a letter dated December 27 from

05:08:25 Chairman Miranda to the water management district, they

05:08:27 stated that the board approved staff's recommendation not to

05:08:32 expand hunting opportunities in the green swamp properties

05:08:34 and voted not to allow hunting at Cypress Creek property in

05:08:38 Pasco County.

05:08:39 I have a copy for the clerk, and that being the case, if

05:08:42 it's council's pleasure to rescind that previous motion.

05:08:45 >>CHARLIE MIRANDA: We need a motion to rescind that.

05:08:47 So moved.

05:08:48 Motion by Mr. Suarez, second by Mr. Cohen on a close vote

05:08:51 with Mr. Reddick.

05:08:52 All in favor of that motion please indicate by saying aye.

05:08:54 Opposed?

05:08:55 The Ayes have it unanimously.

05:08:57 Thank you, sir.

05:08:59 Now we stand adjourned until 6:00.

05:09:08 So we did this kind of quickly.

05:09:10 I want to thank every one of you that this was done in two

05:09:13 and a half minutes.

05:09:21 (Recess)

06:03:23 >> City Council will come to order.

06:08:58 Roll call.

06:08:58 >> Suarez, here.

06:09:03 >>YVONNE CAPIN: Present.

06:09:04 >>FRANK REDDICK: Here.

06:09:10 >>CHARLIE MIRANDA: As you are all aware, we have a pretty

06:09:12 full agenda, items 2 through 8.

06:09:15 2 cannot be heard because the affidavit wasn't filed

06:09:18 properly or on time.

06:09:20 So those that are here, if there's someone downstairs or in

06:09:25 the Mascotte room that wishes to speak on item 3, 4, 5, 6

06:09:30 and 7, I ask you to come up on 3, 4, 5, 6 and 7.

06:09:37 I am also going to ask as a courtesy to us that if you are

06:09:40 here on 8, and that's unlawful the last one we have today,

06:09:46 as those people arrive, I would appreciate if you would swap

06:09:49 chairs for just a few minutes so we can conclude the meeting

06:09:51 in a proper time.

06:09:53 Thank you all so very much.

06:09:54 And I hope that you understand.

06:09:56 All right.

06:09:56 Item number 2 cannot be heard.

06:10:00 Ms. Feeley.

06:10:02 >>ABBYE FEELEY: Land Development Coordination.

06:10:06 Chairman Miranda, item number 2 has been misnoticed two

06:10:09 consecutive times, the and V-11-356.

06:10:17 >> it needs to be removed.

06:10:19 >> So moved.

06:10:20 >> Second.

06:10:24 >>CHARLIE MIRANDA: All in favor?

06:10:25 The Ayes have it unanimously.

06:10:26 We open public hearings 3 through 8.

06:10:29 >> So moved.

06:10:31 >>CHARLIE MIRANDA: Motion by Ms. Capin, second by Mr.

06:10:33 Suarez.

06:10:34 Discussion by council members?

06:10:35 All in favor?

06:10:36 Opposed?

06:10:37 The Ayes have it unanimously.

06:10:38 Items 3 through 8 have been opened.

06:10:41 And these are all quasi-judicial proceedings.

06:10:44 That means if you are going to speak on items 3 through 8,

06:10:48 you are going to have to be sworn in.

06:10:50 So we'll ask the clerk at this time to swear those

06:10:54 individuals who are going to speak.

06:10:55 (Oath administered by Clerk)

06:10:58 >> Public hearings are open on 3 through 8.

06:11:11 Yes, ma'am.

06:11:11 >> Chairman Miranda, item number 3 and 4 is a vacating and a

06:11:16 special use, and those items do need to run together.

06:11:21 Jimmy Cook is with me tonight.

06:11:22 I am going to let him present on the vacating and then I

06:11:25 will present on the special use.

06:11:27 >>CHARLIE MIRANDA: Thank you very much.

06:11:35 >>JAMES COOK: Land Development Coordination.

06:11:36 I have been sworn.

06:11:37 Here on item number 3, case C-12-01.

06:11:41 Petitioner requested vacating east-west alleyway from Morgan

06:11:45 Avenue to Willow Avenue, line between Fig Street and Gray

06:11:48 Street.

06:11:50 This is the overhead.

06:11:53 The property is highlighted in red.

06:11:56 Requested to be vacated in yellow.

06:11:59 We have gray to the north.

06:12:00 Fig to the south.

06:12:01 Willow to the east.

06:12:06 This is a picture of the alley looking west from Willow.

06:12:09 This is a picture of the alley looking east from Morgan

06:12:14 Avenue.

06:12:18 This is a picture of the petitioner's property.

06:12:23 Staff has no objection to this vacating request as long as

06:12:38 TECO and Verizon.

06:12:39 This concludes my report.

06:12:40 >>ABBYE FEELEY: Mr. Cook showed you a picture of the

06:12:46 parking lot.

06:12:47 This is a special use before you this evening for parking

06:12:50 off-street commercial, and it is located in an RS-50

06:12:54 residential single-family district.

06:13:01 >>CHARLIE MIRANDA: Planning Commission?

06:13:07 >>TONY GARCIA: Planning Commission staff.

06:13:08 I have been sworn in.

06:13:11 The first case before you this evening deals with a parcel

06:13:16 located in the central City of Tampa planning district as

06:13:18 identified on the comprehensive vision plan map that offers

06:13:23 the most opportunity for growth, and development, as you can

06:13:27 see.

06:13:31 The subject site is located three blocks north of Kennedy

06:13:35 Boulevard, west of Willow, and the residential land use

06:13:41 category is residential 20.

06:13:45 This or there is a unique color that you don't see very

06:13:48 often, between categories 2, a transitional use, 24 range

06:13:53 category which allows the possibility of residential uses as

06:13:56 well as light industrial uses, so it's a very unique

06:13:59 category that allows for those areas that might be in a mode

06:14:02 of transition.

06:14:05 To give you an idea of the character of the area, it is a

06:14:09 hodgepodge of a variety of uses.

06:14:13 This of course is a project that was approved by this body

06:14:16 not too long ago, for a very large project at Tampa General

06:14:22 Hospital, the old Chevrolet site.

06:14:25 For context, Kennedy Boulevard.

06:14:27 Here is Willow.

06:14:28 There's a lot of institutional uses as well as light

06:14:30 industrial uses in the area, a lot of manufacturing uses in

06:14:36 the area.

06:14:37 You do have a residential presence.

06:14:40 So you do have a variety of uses that transition in from

06:14:44 residential into light industrial uses, and these uses have

06:14:48 coexisted for quite a few decades now within this area.

06:14:52 The request is for surface parking to accommodate the

06:14:57 adjacent use to the east of the subject site.

06:15:00 Planning Commission staff found the proposed request

06:15:02 consistent with the comprehensive plan.

06:15:03 >>ABBYE FEELEY: Land Development Coordination.

06:15:15 People are giving you a picture whereof we are so far.

06:15:18 This is over in the west area.

06:15:22 The request before you is for parking off-street commercial

06:15:26 and it is to serve the industrial use located to the north

06:15:28 of the zoning lot.

06:15:31 Special use criteria for a commercial off-street parking lot

06:15:35 requires that both uses be adjacent, which is one of the

06:15:38 reasons why the vacating is running with this application

06:15:41 this evening, will be to vacate that alley which would then

06:15:45 make this lot contiguous to the lot to the north.

06:15:50 Should the vacating not be approved or not be the will of

06:15:53 council this evening we will revise the waivers to ask for

06:15:56 that waiver to the adjacent, so either way, we have ways to

06:16:03 process the application before you this evening.

06:16:05 There are several waivers that I would like to go over.

06:16:08 The first is to allow the use which is being served by the

06:16:12 parking area, to be a conform use located in an industrial

06:16:16 district.

06:16:17 Typically, off-street commercial parking starts an office or

06:16:21 commercial use.

06:16:22 So that would be a waiver to allow this to serve an

06:16:24 industrial use.

06:16:26 The second is to allow for the parking area of more than 100

06:16:31 feet from the boundary of the district which it serves.

06:16:33 This lot with the alley is 113 feet.

06:16:36 So it's 13 feet over that 100-foot requirement.

06:16:39 The third is to reduce the required use buffer along the

06:16:43 eastern property boundaries from 15 feet with a six foot

06:16:47 concrete masonry wall to three feet with a six foot wood

06:16:50 fence.

06:16:52 The fourth is to reduce the required use buffer along the

06:16:55 west from 15 feet with a concrete masonry wall, four foot

06:17:00 with a six-foot wood fence.

06:17:02 The last is to allow a six foot wood fence in lieu of a

06:17:05 six-foot masonry wall along with southern property lines.

06:17:19 I think you are familiar with where we are.

06:17:22 The zoning atlas sheet shows you the property here in green.

06:17:26 There is a PD to the east.

06:17:29 This is all industrial.

06:17:31 You will see that red light there.

06:17:33 That's all the industrial general use there, the RM 50 falls

06:17:37 below that.

06:17:38 Do you have a place of religious assembly at this point and

06:17:41 you have a couple vacant pieces of property in the area.

06:17:46 I'll show you some photos of those.

06:17:49 The green lot would be serving the property to the north

06:17:51 here.

06:17:51 That is a conforming use in the industrial district.

06:18:00 This is a shot of the building that this would be serving.

06:18:05 This is from the north on gray looking south toward Fig, and

06:18:11 the alley is located somewhere there in the middle.

06:18:16 This is looking at the parking area from Fig back toward

06:18:20 Gray Street.

06:18:27 This is from Gray Street looking south.

06:18:36 Other surface parking areas, and just unimproved parking

06:18:40 that's being utilized.

06:18:47 I think that's -- it's kind of out of order.

06:18:50 I apologize.

06:18:52 These are just some of the vacant lots.

06:18:55 This is residential structure that is located to the west of

06:18:58 the subject property.

06:19:00 This is from Willow, that PD property that I showed you, at

06:19:12 the intersection of Willow and Fig.

06:19:22 There are a couple minor modifications located on page 2 of

06:19:25 your staff report.

06:19:26 Those are my modifications based on the waivers being

06:19:29 written in a way should the vacating be approved.

06:19:33 I have asked that waivers be revised and removed that were

06:19:36 no longer necessary.

06:19:38 Should it be the discretion of council not to approve that

06:19:40 vacating, I can get up and tell you which modifications

06:19:43 would need to be made.

06:19:46 >>CHARLIE MIRANDA: Thank you very much.

06:19:47 Is petitioner here?

06:19:51 >> Betty newcastle, Rebecca Jones, I am here on behalf of

06:20:02 Weber enterprises, who is the owner of the property.

06:20:07 Just to give you a little background, this is the property

06:20:11 owned by Weaver enterprise.

06:20:13 This is currently used as the parking area for the site to

06:20:19 the north, which is with Weaver enterprises.

06:20:27 The alleyway on one end, on this end the alleyway -- on this

06:20:35 end it's kind of empties into the church parking lot and

06:20:38 kind of disappears.

06:20:40 So the alleyway is not passable or accessible.

06:20:45 The parking area has been used as a parking area for the

06:20:48 past 40 years, and the property owner just found out that it

06:20:51 was not in compliance with code, so they are voluntarily

06:20:55 trying to come into compliance.

06:20:57 They are going to make improvements to the parking area to

06:20:59 come into compliance with code.

06:21:01 So the use will not change.

06:21:03 It will not affect traffic.

06:21:05 It will not affect anything in the neighborhood.

06:21:07 It will just look better than it does right now.

06:21:12 The representative of the company is here if you have any

06:21:15 questions.

06:21:17 >>CHARLIE MIRANDA: We'll hold that later till

06:21:21 cross-examination. Thank you very much.

06:21:22 Anyone in the audience care to speak on this petition, item

06:21:25 number 3?

06:21:26 C-12-01.

06:21:29 Please come forward.

06:21:30 >> Good evening, council.

06:21:33 Buckley, North Hyde Park civic association.

06:21:39 We came here to stand behind the church at the west end of

06:21:42 the alley.

06:21:45 A parking area near church ground.

06:21:47 And I know they may have a problem with the closure of the

06:21:50 total alley, the whole alley.

06:21:54 Maybe part of it they are okay with.

06:21:56 But they say they worked it out.

06:21:57 But, anyway, I just wanted to let the council know that we

06:22:01 are behind the church with whatever they wants to do.

06:22:04 There was a problem.

06:22:06 And we would like you to vote according to how the church

06:22:12 wants to go.

06:22:16 Thank you.

06:22:16 >>CHARLIE MIRANDA: Thank you very much.

06:22:17 Next, please.

06:22:17 >> Good evening.

06:22:24 I'm Deacon Jennings from New Missionary Baptist Church.

06:22:28 And really vacating the property, and really it's going to

06:22:32 give us, they are showing us another e-mail, so we were just

06:22:37 opposed to it not being accessible to us from our end, but

06:22:43 since Miss Michelle from the planning department made it

06:22:47 clear to me over the telephone, that this would not affect

06:22:55 in a negative way, so we just wanted to make sure that we

06:22:57 were heard, and at this point in time we are okay with it,

06:23:01 based on its not going to affect any of our property, that

06:23:04 they are just going to do it on their end, that we are fine.

06:23:07 And we were signed up to oppose.

06:23:09 But I came to let you know that we are okay with it because

06:23:15 I got an e-mail that assured me that we were fine and our

06:23:18 church was fine.

06:23:18 So you can proceed in any manner that they really want to as

06:23:21 long as it's okay with you, as long as it does --

06:23:26 >>CHARLIE MIRANDA: We are going to make sure it's all right

06:23:27 with you, too.

06:23:28 Petitioner?

06:23:28 Petitioner?

06:23:31 Did you hear some those oppositions at that time, not really

06:23:33 opposition, but concerns?

06:23:36 >>> I spoke with him awhile ago, and I think there really

06:23:40 just was a misunderstanding as to what was happening.

06:23:43 But I think he's okay now.

06:23:46 >> So then everything is amicably solved?

06:23:49 Okay.

06:23:50 Any questions by council members at this time?

06:23:53 Mr. Suarez?

06:23:55 >>MIKE SUAREZ: One quick question.

06:23:56 I wanted to make sure that we are clear on it based on the

06:24:01 picture that you showed us, it's only going to affect those

06:24:04 properties that are both being used and immediately adjacent

06:24:08 to the properties that are owned by your client.

06:24:11 Correct?

06:24:13 >>> Are you talking about the alley vacation?

06:24:15 >>MIKE SUAREZ: Yes, the alley vacation.

06:24:17 It is not going to go towards their particular part of it.

06:24:21 >>> The alley vacation is for the entire block.

06:24:24 And it will vacate -- the alley will be split in half and

06:24:28 each adjacent property owner will share ownership of that

06:24:31 portion of the alley.

06:24:33 So the church and all of the alley that is on the property,

06:24:39 they will obtain ownership of.

06:24:41 >> Okay.

06:24:42 Well, when you are saying ownership, obviously the vacation

06:24:47 does not do that.

06:24:51 My point is, if we are allowing -- it has nothing to do with

06:24:55 them as property owners right now, correct?

06:24:57 I mean, let me rephrase it.

06:25:00 What was your verbiage that you said to the church that he

06:25:04 seems to be in agreement with currently?

06:25:12 >> Somebody from my staff e-mailed or talked to this

06:25:15 gentleman.

06:25:16 I can explain.

06:25:16 What's going to happen, the church didn't realize they own

06:25:21 half of the alleyway.

06:25:24 It will not affect their driveway which is in the alley.

06:25:27 >> So they already own it.

06:25:29 It's not that they are getting ownership.

06:25:30 >> Owners on both sides.

06:25:36 >> I want to make sure of that because some of the

06:25:38 conversation that was going on didn't make that clear,

06:25:40 because obviously we are not doing anything other than

06:25:42 allowing you to have vacation of that part of that alley

06:25:47 that is available for you to get vacated.

06:25:50 >>> The entire plot will be vacated.

06:25:54 >>MIKE SUAREZ: I understand that.

06:25:55 But based on what he just said -- and I don't want to get

06:25:58 into a legalistic discussion about it, which is

06:26:01 realistically all we are doing is affecting your property in

06:26:04 terms of what's being used now, because -- isn't that what

06:26:09 you just said?

06:26:11 You have to explain to the me in terms of what we are

06:26:13 asking, which is the vacation is for the entire distance of

06:26:18 the alleyway.

06:26:20 >> That's correct.

06:26:20 >> Now, you just said a moment ago that they already own

06:26:24 that portion that is immediately adjacent, so I just want to

06:26:30 make sure that that's correct, when we make this decision,

06:26:33 if we make the decision to vacate it, that they still have

06:26:36 already have gotten access to it, and will continue to have

06:26:38 access to the.

06:26:42 >>JAMES COOK: It's an alley right now which is an easement

06:26:44 total city, and basically, technically they own to the

06:26:48 center line.

06:26:49 They can't use it, can't build on it, so by vacating it,

06:26:53 each owner along that alley gets half.

06:26:55 Since they own both sides, they get the entire width.

06:26:59 >>MIKE SUAREZ: That's exact lit what I wanted to hear.

06:27:01 That's all I wanted to hear.

06:27:03 That's all.

06:27:03 Thank you.

06:27:04 >>CHARLIE MIRANDA: Any further questions by council members?

06:27:11 >>LISA MONTELIONE: Thank you, Mr. Chair.

06:27:12 I have just a couple of questions.

06:27:16 There are some residences in this neighborhood, not a lot of

06:27:20 them, but I'm concerned about the hours of operation.

06:27:25 Is this parking lot going to be used 24 hours a day?

06:27:30 Is the business a 24-7 operation?

06:27:35 >> This is the representative for the company.

06:27:39 >> Good evening.

06:27:40 Actually it's not going to be 24-7.

06:27:43 It's probably going to be nine to five more likely.

06:27:45 Nine to five.

06:27:46 >>LISA MONTELIONE: And it has been used as a parking lot,

06:27:49 we can see from the aerial.

06:27:52 But just was something that didn't come to your attention

06:27:54 that it was not permitted as a parking lot until recently?

06:28:01 >>> Correct.

06:28:02 The business was actually sold, but Weaver enterprises is

06:28:09 still owner of the real estate.

06:28:11 So at the time the business was sold last year the client

06:28:13 came to us and asked us if they were permitted to use this

06:28:16 as a parking lot and he told us no, and they had never, I

06:28:21 don't really think, thought about it before.

06:28:22 >> Okay.

06:28:24 And the only other issue I have is with two other waivers,

06:28:28 3, 4 and 5, they are all related.

06:28:30 And you are asking for a waiver from the use, instead of

06:28:36 concrete masonry -- I don't have a problem with the height

06:28:39 and the distances and all that, but the materials from the

06:28:41 concrete masonry wall to a wood fence.

06:28:45 And I'm just thinking substantially compatible, or

06:28:51 comparable, material.

06:28:55 The wood fence is not nearly comparable as a concrete

06:29:00 masonry wall.

06:29:01 They are much more durable, it's not subject to decay, and

06:29:06 for aesthetic purposes that maybe PVC might be an option?

06:29:16 Anybody?

06:29:21 >> I don't think they would have a problem with that.

06:29:26 The concrete wall was extremely expensive.

06:29:28 >> Well, it would be expensive.

06:29:30 That's why I think PVC might be a good alternative.

06:29:33 >> With wood fences, we have lots of code enforcement

06:29:37 issues.

06:29:37 I have ridden with code enforcement in different

06:29:39 neighborhoods, and wood fences decay pretty rapidly in

06:29:43 Florida, and a lot of code enforcement issues, a lot of the

06:29:47 citations that they give, I mean, it comes down to fences

06:29:51 being in disrepair.

06:29:52 I'm just looking forward to try to save our he code

06:29:55 enforcement officers some time.

06:29:56 >> I will say they would not have a problem with the PVC

06:30:01 provided that it is compliant with the code.

06:30:02 >>LISA MONTELIONE: Okay.

06:30:10 Thank you.

06:30:12 >>CHARLIE MIRANDA: Ms. Capin?

06:30:13 Any other council member on this issue?

06:30:16 Any closing statement you care to make?

06:30:18 >> We respectfully request that you prove the petition.


06:30:23 That I need a motion to close.

06:30:25 Motion by Mr. Reddick.

06:30:26 Second by Mr. Cohen.

06:30:28 All in favor please indicate by saying aye.

06:30:32 Opposed, nay.

06:30:32 The Ayes have it unanimously.

06:30:35 Mr. Cohen red one today at five so we start at the left

06:30:38 again and go to Mrs. Montelione.

06:30:40 >>LISA MONTELIONE: Mr. Chair, an ordinance being presented

06:30:51 for first reading and consideration, an ordinance vacating,

06:30:53 closing, discontinuing, and abandoning an alleyway lying

06:30:57 east of Oregon street, west of Willow street, south of Gray

06:31:00 Street and north of Fig Street in fuller's subdivision, a

06:31:04 subdivision in the City of Tampa, Hillsborough County,

06:31:06 Florida, the same being more fully described in section 1

06:31:08 hereof, subject to certain easements, covenants, conditions

06:31:13 and restrictions as more particularly described herein,

06:31:17 providing an effective date.

06:31:17 >> Second.

06:31:20 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

06:31:22 second by Mr. Suarez.

06:31:23 Discussion by council members?

06:31:25 All in favor of the motion?

06:31:27 The Ayes have it unanimously.

06:31:29 Thank you all very much for attending.

06:31:30 >>THE CLERK: Motion carried with Mulhern being absent.

06:31:32 Second reading and adoption --

06:31:36 >>CHARLIE MIRANDA: With the stipulation.

06:31:36 Let me go back on this.

06:31:48 We have it done.

06:31:49 The first time I have been perfect my whole life.

06:31:51 >>THE CLERK: Second reading and adoption will be on

06:31:53 February 2nd at 9:30 a.m.

06:31:56 >>CHARLIE MIRANDA: All right.

06:31:56 We are at item number 4.

06:31:58 That was open earlier, V-11-395.

06:32:01 >>MARTIN SHELBY: I believe you are all set with that.

06:32:08 A motion would be in order to move forward with that.

06:32:12 >>CHARLIE MIRANDA: I think there's a side bar there that I

06:32:14 can't hear.

06:32:15 >> We were discussing the PVC.

06:32:21 I believe the public item on this is closed.

06:32:25 >>CHARLIE MIRANDA: Not on -- well, on 3 it's closed.

06:32:28 4 we haven't heard it.

06:32:30 >>ABBYE FEELEY: Land development.

06:32:33 In relation to the PVC fence, this site is located in the

06:32:40 West Tampa overlay.

06:32:42 The West Tampa overlay does not allow for chain link fence

06:32:45 and it requires that you are using an accessible type of

06:32:50 fencing, which is more open to allow for crime prevention

06:32:57 through the environmental design.

06:32:58 So the PVC is typically continually opaque and you cannot

06:33:05 see through it whatsoever,.

06:33:08 >> But that doesn't appear to be wood either.

06:33:10 >> No, they are not.

06:33:11 >>LISA MONTELIONE: So the waiver that is for six foot wood

06:33:15 fence would be to waive from the design guideline of West

06:33:22 Tampa?

06:33:24 >>ABBYE FEELEY: In a, the waiver for the fence is the last

06:33:25 provision of the commercial off-street parking, is 27-130

06:33:31 which is your use buffer.

06:33:32 The use to use buffer for that on the with west side,

06:33:37 there's a single-family residence.

06:33:38 So it's 15-foot with a concrete masonry wall.

06:33:41 On the east side, it's actually vacant but it's zoned

06:33:45 residential.

06:33:46 So we applied the 15-foot masonry wall.

06:33:53 The second portion of 27-130 speaks to if you are located

06:33:57 across the right-of-way from residential, you are required

06:34:00 either a six-foot wall, or a five-foot planted landscape

06:34:06 buffer.

06:34:07 And with that would be something other than the wall, and

06:34:11 they did not want to do the landscape buffer. So that

06:34:15 waiver is reflective of that.

06:34:17 So you cannot waive the overlay through a special use.

06:34:23 You can only waive special use criteria through a special

06:34:26 use.

06:34:30 The alternative material being requested is permissible

06:34:32 under our 27-130, or buffer waiver, but they could come in

06:34:36 for a design exception with Mike Callahan to change the

06:34:41 material for the overlay.

06:34:43 But you can't do a waiver for that at this time so they are

06:34:46 pretty much saying they are going to comply with the

06:34:48 overlay, and their plans are required to be stamped and

06:34:51 approved by the urban design manager before they go into

06:34:53 permitting.

06:34:54 So that would be worked out after the hearing.

06:34:56 >>LISA MONTELIONE: So masonry wall and wood fence is

06:35:11 permissible because we are waiving the use to use criteria.

06:35:16 >> This is a residential zoning law.

06:35:20 And like the residential house next to them could have a

06:35:22 wood fence in the front yard, three foot in height, so it

06:35:26 wouldn't be completely out of character with the associated

06:35:28 uses that are located surrounding this property.

06:35:31 But that was one of the reasons that we didn't bring issue

06:35:36 to that alternative material.



06:35:43 >>LISA MONTELIONE: All right, thank you.

06:35:45 >>CHARLIE MIRANDA: All right, number 4.

06:35:46 Anyone care to speak to number 4?

06:35:48 We did the closure of the alley.

06:35:51 And this is the actual rezoning of the property for special

06:35:55 use permit.

06:35:58 Does petitioner want to say anything?

06:36:02 >>FRANK REDDICK: Move to close.

06:36:04 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick.

06:36:06 I have a second with Mr. Cohen on a close vote with Mr.

06:36:09 Suarez to close number 4.

06:36:11 All in favor of the motion?

06:36:13 The Ayes have it unanimously.

06:36:15 Mr. Reddick, I think Abbye Feeley, this is the one that's

06:36:19 going to have the other items possibly that you talked about

06:36:22 on the plan.

06:36:26 >>ABBYE FEELEY: Yes.

06:36:37 As indicated on page 2 of the staff report, the waivers on

06:36:40 the site plan needs to be revised as listed on the first

06:36:45 page of the staff report.

06:36:47 I didn't retype all those out, but they are marked waiver

06:36:50 number 3, 4 and 5.

06:36:54 And I need them to remove their waiver number 5 on their

06:37:00 site plan since the vacating was approved, and also to

06:37:04 remove waiver number 7 on their site plan as it's being

06:37:07 handled what I show as waiver number 5.

06:37:11 >>CHARLIE MIRANDA: So we need to revise 3 and 4, and revise

06:37:17 or remove 5 and 7 because that's already happened.

06:37:21 Mr. Reddick.

06:37:21 >>FRANK REDDICK: Thank you, Mr. Chair.

06:37:24 Move an ordinance being presented for first reading

06:37:26 consideration, an ordinance providing a special use S-2

06:37:30 approving parking off-street commercial in an RS

06:37:35 single-family zoning district in the general vicinity of

06:37:38 1315 west Fig Street in the city of Tampa, Florida and more

06:37:42 particularly described in section 1 hereof, providing an

06:37:45 effective date including the waiver that is stated by staff.

06:37:51 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

06:37:52 Second by Mr. Suarez.

06:37:55 Further discussion by council members?

06:37:56 All in favor of the motion please indicate by saying aye.

06:37:59 Opposed, nay.

06:37:59 The Ayes have it unanimously.

06:38:01 >>THE CLERK: Motion carried with Mulhern being absent.

06:38:04 Second reading and adoption will be on February 2nd at

06:38:07 9:30 a.m.

06:38:08 >>CHARLIE MIRANDA: Item number 5, Z-11-48.

06:38:12 If there's anyone in the building downstairs in the Mascotte

06:38:15 room, the hallways or anywhere else, this is item number 5.

06:38:21 Z-11-48.

06:38:22 You can come up and be heard.

06:38:24 Yes, ma'am?

06:38:40 >>ABBYE FEELEY: Land Development Coordination.

06:38:42 Item number 5, Z-11-48 is located at 2910 west Frierson

06:38:51 Avenue.

06:38:51 The applicant is Juan Carlos Castillo, for RS-50 residential

06:39:01 and RM-24 to rezone to PD planned development for

06:39:06 multifamily four units.

06:39:18 >>TONY GARCIA: Planning Commission staff.

06:39:20 I have been sworn.

06:39:25 The subject request, this right here, has to deal with

06:39:34 transition from a single-family use to a multifamily use.

06:39:39 This is basically for a quadplex or a low density type of

06:39:45 multifamily development.

06:39:48 The subject site is located within the central planning

06:39:51 district for the City of Tampa, the district that offers one

06:39:53 of the three districts that offers the most opportunity for

06:39:55 the redevelopment and job opportunities.

06:39:59 The site is located to give you some context just southwest

06:40:04 of the major intersection of Hillsborough area and Habana,

06:40:09 that section of Habana which is four way which extends from

06:40:12 Dr. MLK Jr. Boulevard to the south all the way up to

06:40:15 Hillsborough, and with Habana is only four lanes.

06:40:21 You have a variety of low density office, some sprinkling of

06:40:25 residential uses, but mostly medical office uses along this

06:40:28 segment of Habana as is proximate to St. Joseph hospital

06:40:34 major regional medical center.

06:40:36 Subject site is located internal to this street, Frierson

06:40:40 Avenue.

06:40:41 Site has split range, and residential 10. It has the

06:40:45 density to allow the number of residential units which the

06:40:48 applicant requested.

06:40:50 As you can see, on the aerial to show you character, the

06:40:53 character of the area, we are already single-family attached

06:40:58 units in the area.

06:41:03 There's an apartment complex that is just redone, very

06:41:07 nicely, by the way, through some HUD money, very nicely done

06:41:13 in coordination with the City of Tampa, and the developer

06:41:16 has very nicely multifamily in-fill development which was

06:41:21 done proximate to the site, so it is from the particular

06:41:26 site to go to a PD to allow four units.

06:41:30 This is again the retail center that I told.

06:41:34 But Planning Commission staff found the proposed request

06:41:36 consistent.

06:41:40 Thank you.

06:41:43 >>CHARLIE MIRANDA: Thank you very much.

06:41:43 Yes, ma'am.

06:41:43 >>ABBYE FEELEY: The application is to rezone the property

06:41:52 at 2910 west Frierson from RM RS-50 to RM-24.

06:42:00 It's a two-story, single building with two stories, two

06:42:04 units downstairs, two units upstairs.

06:42:06 The property is surrounded by residential to the north,

06:42:09 south, west, and east.

06:42:13 It's just two lots to the west of Habana.

06:42:16 The proposed PD setbacks are as follows.

06:42:19 352-foot north, 5-foot south, 5-foot east, and 25-foot west.

06:42:24 The required parking is seven spaces and a total eight

06:42:27 spaces are being provided.

06:42:29 Maximum building height as proposed is 25.

06:42:37 Elevations have been provided on the site plan.

06:42:41 As Mr. Garcia showed you the property is shown in yellow.

06:42:48 There's a single-family house here.

06:42:50 There's a couple of duplexes located along the south side.

06:42:54 I'll show you some pictures.

06:42:55 There is a two-story multifamily located here, a duplex

06:42:59 here, a modular home here, single-family here as well.

06:43:07 There's multifamily.

06:43:08 And then you have some offices located here.

06:43:13 And the Publix shopping center at Hillsborough and Habana is

06:43:18 just to the northeast of the site.

06:43:20 The zoning atlas, to zoom in a little bit, as you can see,

06:43:27 the property shown here in green, these are smaller lots,

06:43:31 platted lots at 25-foot.

06:43:33 So you have got 50 feet of the property located in the

06:43:37 RM-24, and you have the other 25 feet located in the RS-50.

06:43:43 This PD is going to bring everything into a multifamily use,

06:43:49 which two-thirds of the property is currently in that zoning

06:43:53 district as it is.

06:43:59 Here is a picture of the subject property looking south from

06:44:02 Frierson, moving down the street to the west.

06:44:09 Single-family.

06:44:18 This appears to be two units.

06:44:20 These look like may be some nonconforming duplexes that were

06:44:25 there.

06:44:25 This is the northeast corner at Habana and Frierson.

06:44:40 This is a duplex, two-family attached.

06:44:43 Another view.

06:44:44 This is moving west along the north side of Frierson.

06:44:50 This is the two-story multifamily.

06:44:53 This is located directly across the street, single-family.

06:45:01 And then this, this is the multifamily located just to the

06:45:07 east of the subject property.

06:45:10 And then office use located at the southwest corner of

06:45:17 Habana and Frierson.

06:45:25 Modifications that are required currently on the site plan

06:45:28 it shows the building as 2,050 square feet -- I'm sorry,

06:45:34 2,025.

06:45:36 It's actually 4050.

06:45:38 And I would like the square footage corrected.

06:45:40 Also, there are some corrections from tree and landscape in

06:45:45 relationship to one of the waivers being requested.

06:45:48 There's modifications that need to be made.

06:45:50 Let me briefly go over the three waivers that are associated

06:45:53 with this.

06:45:54 Two of them are technical waivers related to transportation.

06:45:58 And the other is green space waiver.

06:46:03 Multifamily use less than six stories in height requires 350

06:46:09 square feet of green space per unit.

06:46:12 Given the site configuration, this site is able to achieve

06:46:18 253 square feet a unit which is just 97 feet short of the

06:46:24 requirement per unit.

06:46:25 So what you see there is a waiver for that.

06:46:28 And the language that Mary is asking to be added is for the

06:46:32 payment of fee in lieu for that square footage that they are

06:46:35 waiving.

06:46:36 The second waiver is to reduce the required drive aisle from

06:46:40 26 feet to 23 feet, and the last is to reduce the required

06:46:43 backup from six foot to three foot.

06:46:48 If the modifications of the site plan are made between first

06:46:51 and second reading, staff finds the request consistent.

06:46:53 And we are available for any questions.

06:46:56 >>CHARLIE MIRANDA: Thank you very much.

06:46:58 Petitioner?

06:46:58 >> My name is Juan Carlos Castillo and I am the petitioner.

06:47:06 >>CHARLIE MIRANDA: Wait a minute.

06:47:07 Get closer to the mike and speak slowly.

06:47:09 I'm getting older by the minute here.

06:47:11 >> My name is Juan Carlos Castillo and I'm the petitioner on

06:47:15 this case.

06:47:17 We are supposed to build a four-story -- a two-story

06:47:20 building, four units, for renting.

06:47:29 Do you have any questions?

06:47:30 >>CHARLIE MIRANDA: All right. Did you hear what staff said

06:47:32 regarding the site plan total square foot has to be changed

06:47:35 from 2025 to 4050, the criteria increase will have to be

06:47:41 met, the waivers on green space have to be met according to

06:47:44 the square footage, and the drive is another issue from 26

06:47:48 to 23 feet.

06:47:50 Do you have any concerns about any one of them?

06:47:53 >> We are going to provide everything to make the plan

06:47:57 consistent.

06:47:58 >>CHARLIE MIRANDA: Okay, that's between first and second

06:48:00 reading, am I correct?

06:48:01 >> Yes.

06:48:02 >>CHARLIE MIRANDA: Abbye, does that meet all the

06:48:04 requirements for this petition?

06:48:09 >>ABBYE FEELEY: Land development.

06:48:10 Yes, I did send Mr. Castillo the staff report and he was

06:48:13 amenable to make all those changes.

06:48:16 >> Anyone in the audience care to speak to -- item number 5,

06:48:20 file Z-11-48?

06:48:24 At this time would anyone like to speak on this item?

06:48:26 I need a motion to close.

06:48:27 >> Motion to close.

06:48:29 >>CHARLIE MIRANDA: I have a motion to close by Mr. Cohen,

06:48:33 seconded by Ms. Capin.

06:48:36 All in favor of the motion, please indicate by saying aye.

06:48:39 Opposed nay.

06:48:41 The Ayes have it unanimously.

06:48:43 Ms. Capin, would you kindly take item number 5?

06:48:47 >>YVONNE CAPIN: Thank you, Mr. Chair.

06:48:51 An ordinance being presented for first reading

06:48:53 consideration.

06:48:54 An ordinance rezoning property in the general vicinity of

06:48:57 2910 west Frierson street in the city of Tampa, Florida,

06:49:01 more particularly described in section 1 from zoning

06:49:03 district classifications RS-50 residential, single-family,

06:49:07 and RM-24, residential, multifamily, to PD, planned

06:49:12 development, residential, multifamily, providing an

06:49:15 effective date.

06:49:17 >>CHARLIE MIRANDA: Motion by Ms. Capin.

06:49:19 >>MARTIN SHELBY: I'm sorry to interrupt but just for

06:49:21 correction for the sake of the address, it's west Frierson

06:49:24 Avenue.

06:49:26 I might have heard "street."

06:49:28 I want to make sure for the record.

06:49:30 Please forgive me for interrupting.

06:49:32 >> If street was said, it's "Avenue."

06:49:35 Okay.

06:49:38 That I know of, there is no Frierson street.

06:49:41 >> It said street on this sheet.

06:49:51 Sorry.

06:49:52 >>CHARLIE MIRANDA: The revision will be made between first

06:49:54 and second reading ad as agreed to by the petitioner and the

06:49:57 city.

06:50:02 Want to make sure everything else is clean.

06:50:04 All in favor of the motion please indicate by saying aye.

06:50:07 Mr. Suarez, I believe.

06:50:12 The motion passes.

06:50:13 All in favor, aye.

06:50:15 Opposed?

06:50:18 Motion passes unanimously.

06:50:20 >>THE CLERK: Second reading and adoption will be on

06:50:22 February 2nd at 9:30 a.m.

06:50:24 Motion passes with Mulhern being absent.

06:50:28 >>CHARLIE MIRANDA: Item 6.

06:50:30 Z-12-01.

06:50:31 Anyone in the audience or downstairs in the hallway, in the

06:50:33 Mascotte room, care to speak to this item, please come

06:50:36 forward as it will be discussed in a few minutes.

06:50:38 Yes, ma'am.

06:50:39 Feel will.

06:50:40 >>ABBYE FEELEY: Land development.

06:50:41 Item Z-12-01 is located at 3516 West Bay to Bay Boulevard.

06:50:47 The request before you this evening is PD, planned

06:50:50 development, office, business professional, to PD, planned

06:50:53 development, office, business professional, medical, and all

06:50:58 CG uses with the exclusion of restaurants.

06:51:01 This site, we previously rezoned to PD in 2008, it was

06:51:07 Z-08-33, and it was zoned then for 33,000 square feet of

06:51:12 office.

06:51:13 What is before you in one single-story, one building with

06:51:18 three stories, with parking underneath, an office on the

06:51:21 second and third floor.

06:51:23 What is before you this evening is to add medical office, as

06:51:28 well as all CG uses with the exception of restaurant to

06:51:33 reduce the overall square footage from 33,000 down to

06:51:37 11,000, and to split that one building into two single-story

06:51:43 buildings.

06:51:48 >>CHARLIE MIRANDA: Planning Commission?

06:51:54 >>TONY GARCIA: Planning Commission staff.

06:51:58 If you haven't noticed by now, I'm struggling with my voice,

06:52:02 which I'm sure doesn't bother you all too much.

06:52:04 I have some laryngitis so bear with me.

06:52:07 I'm sure that doesn't bother you.

06:52:09 If I was Diana Ross, I'm sure would you be a lot more upset.

06:52:13 >> I have been lip reading you for two years.

06:52:17 >>TONY GARCIA: I'm just a straight man this morning.

06:52:19 >>CHARLIE MIRANDA: All right, sir.

06:52:21 >>TONY GARCIA: This site is located at the south end of the

06:52:23 planning district which is one of the two districts

06:52:26 basically identified as one of the districts that offers

06:52:29 opportunity for in-fill development.

06:52:31 As it relates to the future land use categories, there are

06:52:34 two future land use categories on this particular site.

06:52:38 Mixed use 35 on the north which faces Bay to Bay, and

06:52:41 residential 20 which is to the south.

06:52:44 Residential 10 is to the west.

06:52:47 As Ms. Feeley already stated to you this has already been

06:52:50 approved for another PD, 32,000 square feet of office face,

06:52:56 and much greater, in the currently approved PD for the site.

06:53:01 The proposed request is for something much more in scale

06:53:06 with two existing buildings along this particular segment of

06:53:09 Bay to Bay.

06:53:10 We have two buildings in the single story structures that

06:53:13 will still be office uses.

06:53:15 However, the request is to add an additional medical office

06:53:17 component which does increase the intensity slightly.

06:53:21 I do believe -- they will get into the details.

06:53:24 I don't recall right in and out if they are going to meet

06:53:26 all of their parking.

06:53:27 I think they will.

06:53:29 The Planning Commission staff found the request consistent

06:53:32 with the comprehensive plan as the character of Bay to Bay,

06:53:35 as it goes east from Himes all the way to MacDill to be

06:53:40 consistent as a special retail, low-density office use.

06:53:49 >>CHARLIE MIRANDA: Thanks very much.

06:53:49 >> As explained to you, the parameters of what's buff, we go

06:53:56 back to where we are in the zoning atlas, and also I have

06:54:04 some modifications.

06:54:11 This is the aerial of the site.

06:54:13 South Himes to the left, Bay to Bay to the north, Santiago

06:54:16 to the south.

06:54:20 The church was existing in 08 when we rezoned this the first

06:54:23 time.

06:54:28 The zoning atlas.

06:54:30 Interesting because at the split here -- and you can

06:54:33 probably see it better on the ones you actually have in

06:54:36 front of you -- commercial general starts at the lot, lot 3,

06:54:41 and travels east along Bay to Bay on both sides, but it's

06:54:45 only a lot deep.

06:54:48 So you can see those uses there.

06:54:52 Everything to the west of Himes is RS-50 with the exception

06:54:56 of some PDs along Bay to Bay.

06:54:59 Lower intensity, office uses that are located, the majority

06:55:05 of this district.

06:55:07 Just to remind you medical office is an allowable use in CG

06:55:12 and that's one of the uses being added here tonight.

06:55:16 Many of you know once a PD is rezoned and the uses are shown

06:55:19 on that PD, no additional uses may be added to that PD

06:55:23 administratively.

06:55:24 Those uses do have to come back before you, and that is one

06:55:27 of the reasons we are back before you tonight.

06:55:31 The change cannot be approved administratively.

06:55:33 The request buff this evening is for 11,000 square feet.

06:55:37 That would be contained in two office buildings, or

06:55:42 commercial buildings, and the uses do include office

06:55:45 business professional, medical, retail, bank, or any other

06:55:48 commercial general use was the exception of restaurants.

06:55:51 The 1.14-acre site is boarded by Himes, Bay to Bay and

06:55:55 Santiago, and surrounded by residential to the west and

06:55:59 south, Palma Ceia Baptist church to the north, business

06:56:02 professional office, and parking to the east.

06:56:04 The preferred buildings are single story with a maximum

06:56:07 height of 45 feet.

06:56:09 That maximum height is consistent with the current PD, and

06:56:12 that's why it was brought forward at that height.

06:56:16 The PD setbacks are as follows: North, 1.57 feet.

06:56:21 East 7 feet.

06:56:22 South 55 feet.

06:56:24 And west 15 feet.

06:56:27 Based on the scenario of 11,000 square feet at a medical

06:56:31 office the site would be required 66 spaces and a total of

06:56:34 67 spaces are being provided.

06:56:37 Elevations have been submitted.

06:56:39 And I did provide you with a small summary of what was

06:56:42 previously approved.

06:56:45 And as I have indicated, some of the residents I have spoken

06:56:48 to about this, should this be designed tonight, those

06:56:52 entitlements that are currently there on the property do

06:56:53 remain for the three-story 33,000 square foot business

06:56:57 professional office.

06:57:00 There are a couple site plan modifications, and also one

06:57:03 item that I did discover this afternoon while speaking to a

06:57:08 resident, and I have spoken to Mr. Grandoff, who is the

06:57:12 applicant's representative on this concerning this item.

06:57:20 This site plan is the site plan.

06:57:26 Dy outline the building footprint in green.

06:57:29 And then the buffering that was being provided.

06:57:32 It was a six-foot masonry wall commencing just to the south

06:57:36 of this large grand oak and traveling down not to the

06:57:40 southern property boundary.

06:57:42 They actually had it set off at the southern property

06:57:45 boundary to allow for the planting of landscaping on the

06:57:48 outside of the wall, which face it is neighborhood.

06:57:52 The application before you this evening has the same wall

06:57:55 along the south.

06:57:56 However, it did not bring that up to buffer the dumpster and

06:58:02 buffer the parking area on the east.

06:58:04 I did speak to Mr. Grandoff, and they are amenable to do

06:58:08 that, to can he keep consistent with what was previously

06:58:11 approved.

06:58:12 I added that to my revision sheet that's before you tonight,

06:58:15 and they are amenable to that particular buffer on the

06:58:17 eastern side.

06:58:20 The site is retaining several large species tree, 42-inch

06:58:26 oak, a 41-inch oak, and another 24-inch oak that have been

06:58:32 adequately protected.

06:58:37 One buffer that I initially had was up in the northwest

06:58:44 corner.

06:58:46 This area here.

06:58:48 This is that second part of 27-130 I referred to earlier

06:58:51 tonight, when you have an office locate add cross the street

06:58:54 from residential, which residential is located to the west.

06:58:57 You are required a 5-foot buffer or a wall.

06:59:02 So I missed that one.

06:59:03 So I am asking in my staff report that that be added as a

06:59:07 waiver.

06:59:07 And that is reflected in the current page of my report.

06:59:13 Second is the same area I just showed you.

06:59:17 There is a waiver for the vehicle use area.

06:59:20 That waiver is paid a fee in lieu.

06:59:23 Mary Daniel Bryson is asking that we put on the amount they

06:59:27 need, 575 square feet.

06:59:29 I have talked to the applicant on this, also.

06:59:32 We would like to amend that to say 575 or less, because cost

06:59:36 at the time they design the site, they actually don't need

06:59:39 as much of a waiver.

06:59:41 They might take whatever it might be.

06:59:46 So I would change that on the revision sheet.

06:59:48 Solid waste is requiring it be added that any proposed uses

06:59:52 other than office, medical and business professional, retail

06:59:56 and/or bank would require an additional review by solid

06:59:59 waste.

07:00:00 So what we did do was we sized the site, and the dumpster

07:00:04 solid waste area will be able to accommodate additional

07:00:07 dumpsters, for PG use that goes in there, that would

07:00:12 generate more waste than the one dumpster that we are

07:00:15 showing could accommodate.

07:00:17 That notation will take care of.

07:00:19 That other than that I did provide analysis on pages 3 and

07:00:22 4 -- 3, 4 and 5 of your report.

07:00:25 And I'm available for any questions.

07:00:27 >>CHARLIE MIRANDA: Downfall council, any questions to Ms.

07:00:29 Feeley?

07:00:33 Ms. Feeley, on the west side, if I remember back to '08,

07:00:37 there was a long discussion about the sidewalk because of

07:00:39 the closeness to the street, the kids are going to plant

07:00:42 high school.

07:00:43 You remember that, I believe.

07:00:44 Is that the same one?

07:00:48 >>ABBYE FEELEY: Yes.

07:00:48 Absolutely.

07:00:49 And the sidewalk is being shown in exactly the same location

07:00:51 on this plan as we had agreed upon for that discussion.

07:00:54 And part of that had to do with the meandering around --

07:00:58 >> I remember that.

07:01:00 Thank you very much.

07:01:00 >> I did not show you site.

07:01:05 Do you want me to show you the pictures of the area so that

07:01:09 you are familiar with it?

07:01:10 >> Sure.

07:01:10 >> This is from Bay to Bay looking south toward Santiago.

07:01:15 This is from Santiago looking back toward Bay to Bay.

07:01:20 Here is another shot from Santiago.

07:01:28 This is the tree, the off-site tree, 41-inch on the east.

07:01:36 This is continuing east on Santiago.

07:01:47 These got out of order.

07:01:52 This is at the northwest corner of the site looking back

07:01:57 toward Santiago to the south and Himes to the west.

07:02:05 This is the south side of Santiago from west to east -- no,

07:02:10 from east to west. Sorry.

07:02:14 This is moving back toward Himes.

07:02:22 This is at the corner of Himes and Santiago.

07:02:26 This is the southwest corner of Himes and Santiago.

07:02:30 This is west along Himes immediately, this is the

07:02:33 residential I was telling you is located just to the west

07:02:36 across the right-of-way that requires buffering.

07:02:38 That is also west.

07:02:41 This is the northwest corner of Bay to Bay and Himes.

07:02:47 And this is another view just north on Himes looking from

07:02:53 the church's parking lot over west.

07:02:58 >>CHARLIE MIRANDA: Any questions?

07:03:02 Thank you thank you very much.

07:03:02 Petitioner?

07:03:05 >>JOHN GRANDOFF: My address is suite 3700 Bank of America

07:03:16 Plaza.

07:03:18 And I have the pleasure of representing the property owners

07:03:21 in this project, which includes Mr. Kevin Marshall and Dr.

07:03:25 Tim MASCARRO.

07:03:32 Also this evening I am joined by Mr. Mark Sullivan at the

07:03:35 back of the chamber, our professional engineer, with Florida

07:03:37 engineering.

07:03:38 He prepared the site plan which Abbye has detailed with you.

07:03:43 We have been through the reports that Ms. Feeley prepared,

07:03:46 and also the report prepared by Mr. Garcia.

07:03:48 We concur with all of their findings and we agree to all of

07:03:52 the revisions that Ms. Feeley has provided you in full

07:03:55 detail.

07:03:56 I trust the location of the property, the very creative

07:04:00 project for Bay to Bay and Himes, and the Bay to Bay

07:04:04 commercial corridor will fit in very well with this zoning

07:04:07 area and the zoning district.

07:04:10 We respectfully request your approval this evening.

07:04:12 And I will remain available for any questions on rebuttal.

07:04:16 >>CHARLIE MIRANDA: Thank you very much.

07:04:17 Anyone in the audience care to speak on this item, Z-12-01?

07:04:22 Please come forward at this time.

07:04:23 >> Good evening.

07:04:31 My name is Joseph Kerns, 3503 Santiago.

07:04:39 That is just east of the property.

07:04:50 >>CHARLIE MIRANDA: We need some help.

07:04:51 Do you need pictures or something?

07:04:54 >> Okay, where do I put this?

07:04:58 That will be me right here.

07:05:05 On one lot off of the property.

07:05:12 I'm glad to see the walls going up.

07:05:13 That worried me.

07:05:14 It's nice to see they are going to put that wall back there.

07:05:18 But I am disturbed about the garbage, which is really right

07:05:29 outside my bedroom window.

07:05:31 When those trucks come in and out, they are pretty loud,

07:05:36 truly think there's other places on that property.

07:05:39 Instead of putting it right next to the nearest residential

07:05:42 house, if they could put it somewhere else on the property,

07:05:46 it would be really great.

07:05:51 The other thing I'm worried about is the exit that's going

07:05:54 to be over here.

07:05:59 We are trying to keep as much traffic as we can off

07:06:04 Santiago.

07:06:07 I would like to be able to see that just where you have got

07:06:10 to make a right when you come out, so they don't circle and

07:06:15 run down Santiago, which is real easy.

07:06:22 The other thing I was worried about is behind those

07:06:25 buildings, they are going to put covered parking.

07:06:35 If this is tin, that's going to be an enormous amount of

07:06:38 sound when it rains.

07:06:39 As long as the roofs don't act like a drum, I have no

07:06:45 objections to any of it.

07:06:47 But I'm worried about the noise there.

07:06:53 Also, where is the water runoff going to run?

07:06:57 That I couldn't find out.

07:07:05 If it goes out to Bay to Bay, it's no problem.

07:07:07 But as it is, this intersection here is totally underwater

07:07:14 every time we have got more than an inch of rain.

07:07:19 And if the water is starting to come back there, it's going

07:07:22 to fill up the whole street.

07:07:25 (Bell sounds)

07:07:26 Last week, the water actually came up to that, all the way

07:07:31 up to the front of my house.

07:07:33 When that drain fills, when it gets clogged here, it floods

07:07:39 that whole Santiago all the way.

07:07:42 So I'm really worried about the water runoff.

07:07:48 And I believe that covers it.

07:07:53 Thank you very much for listening to me.

07:07:55 >>CHARLIE MIRANDA: Thank you thank you very much for coming

07:07:56 over.

07:07:57 Mrs. Montelione.

07:07:57 >>LISA MONTELIONE: Mr. Kerns, the right turn only, we could

07:08:02 ask the petitioner and the property owner if they would be

07:08:07 amenable to that.

07:08:08 I think that may be a very good suggestion and good idea,

07:08:11 and I don't know that it would really affect the overall

07:08:14 project as far as their develop the parcel and making it

07:08:20 useful.

07:08:20 The dumpster might take a little more work because we have

07:08:24 solid waste who can maybe come up and offer some of their

07:08:28 thoughts and comments about that.

07:08:30 Thank you so much.

07:08:32 While she's making her way up to the podium, the stormwater

07:08:35 runoff, I can tell you that that will be addressed when they

07:08:38 go to permitting.

07:08:40 So when this site, this right now is just the site plan to

07:08:44 show how the layout is going to be.

07:08:46 When they go through land development review and permitting,

07:08:49 all of the stormwater issues will be addressed, and they are

07:08:53 not permitted to discharge to other property. So all the

07:08:56 stormwater has to be treated on-site, and it has to not

07:09:00 affect any of the other property owners in the boundary.

07:09:04 >> On the previous set of prints they had, they had a

07:09:11 retention area in here.

07:09:15 I mean, I'm not really worried about where it's going to be.

07:09:20 I was worried about the water runoff.

07:09:22 >>LISA MONTELIONE: We dealt with other issues, right?

07:09:26 We dealt with issues of stormwater and developments that

07:09:30 were done years ago, and, you know, we have tighter

07:09:35 standards nowadays than some of the older projects.

07:09:39 So I appreciate your concern.

07:09:40 And maybe we can get someone from --

07:09:49 >> Before he speaks, can I clarify?

07:09:52 >>CHARLIE MIRANDA: Get a little closer, please.

07:09:54 >> Mr. Kern was pointing out where he's located.

07:09:58 But let me clarify one thing on the aerial.

07:10:03 >>CHARLIE MIRANDA: Yes.

07:10:07 >>JOHN GRANDOFF: Is that your home right there?

07:10:08 >> Well, actually where the trees are.

07:10:11 That's my garage.

07:10:15 >>JOHN GRANDOFF: He's here.

07:10:17 The dumpster is going to be over here.

07:10:19 So it's not outside his bedroom window.

07:10:23 Also, the stormwater is going to be routed to a receptacle.

07:10:28 We are not accessing Santiago.

07:10:35 Let's let him speak now.

07:10:43 >> Good evening.

07:10:56 Solid waste.

07:11:16 This is the commercial property here.

07:11:19 Your property starts here.

07:11:20 The dumpster location right now where it's at, it would have

07:11:25 to be relocated in this area.

07:11:29 Over here, which would require approximately four parking

07:11:35 spaces to be relocated, which I believe would put the

07:11:38 petition.

07:11:45 Also, the egress on Himes, we would need full access to

07:11:49 access the site for solid waste, for the maneuvering of the

07:11:55 vehicle and solid waste.

07:11:58 >>LISA MONTELIONE: You are looking at making a left turn

07:12:00 out of -- onto Himes?

07:12:04 I mean, if the truck is coming into the property from Himes,

07:12:11 turning in isn't the issue.

07:12:14 It's when they are leaving, wouldn't they be making a right

07:12:17 turn anyway to go back to Bay to Bay?

07:12:23 >> Vince Rado: Entering on Himes.

07:12:26 If the dumpster was to remain where it's at, the

07:12:29 enclosure --

07:12:30 >>LISA MONTELIONE: I'm talking about any -- well, the right

07:12:32 turn then, Mr. Kerns suggested that I thought might be a

07:12:36 good idea, would it affect everyone using the parking lot,

07:12:40 not just solid waste.

07:12:43 I know you have a solid waste vision.

07:12:47 >> So the ideal location is where the dumpster is placed on

07:12:51 the site plan now.

07:12:55 It would have to be relocated in this area, and based on one

07:13:01 dumpster, you would be using two spaces.

07:13:04 If the site needs to -- depending on the CG uses, you may

07:13:12 lose four, five spaces.

07:13:13 >>LISA MONTELIONE: And one thing, Mr. Kerns, solid waste

07:13:18 generally does not pick up trash after dark.

07:13:21 >> Well, going out and using the dumpster at night.

07:13:25 >>LISA MONTELIONE: I'm sorry, could you come to the

07:13:27 microphone?

07:13:27 >> Oh, I'm sorry.

07:13:29 What also is my concern is that when the cleaning people

07:13:32 come in, this is going to be 7:00, 8:00 at night that they

07:13:35 are cleaning the places.

07:13:37 They are going to be out there slamming the dumpster up and

07:13:40 down.

07:13:41 I don't know if you ever lived next to one.

07:13:44 I had the unfortunate -- I stayed there for a while but it

07:13:51 was terrible with people banging stuff next to an apartment

07:13:56 complex that had it.

07:13:57 I can imagine the commercial place.

07:14:00 The other thing, the gentleman was saying about this here.

07:14:07 They can really put those two spots right there, where they

07:14:10 have the dumpster now.

07:14:11 And that way, it's curving away.

07:14:13 I don't see much of a problem there.

07:14:15 >>LISA MONTELIONE: There might not be the clearance on

07:14:21 either side.

07:14:21 >> Sure, there is.

07:14:25 >>LISA MONTELIONE: I mean it would come down to

07:14:28 engineering.

07:14:28 I just want to try to address some of the concerns and see

07:14:31 if we can work out with Mr. Grandoff.

07:14:37 >>JOHN GRANDOFF: We'll be glad to look at it.

07:14:39 We have looked at it.

07:14:41 We had several examples.

07:14:43 Can't put it out on Bay to Bay.

07:14:45 Can't put it over on Himes.

07:14:47 It's got to go somewhere and it's got to be easily and

07:14:51 quickly and safely accessed by the solid waste department.

07:14:54 I can give you my word we'll look at it again between first

07:14:56 and second.

07:14:57 >>LISA MONTELIONE: That's all I can ask.

07:14:59 Thank you, Mr. Grandoff.

07:15:02 >>CHARLIE MIRANDA: Any other council members at this time?

07:15:05 Petitioner, you have the right for closing if you like.

07:15:11 >>JOHN GRANDOFF: I have nothing further to add, Mr. Miranda.

07:15:13 We ask your approval this evening on first reading.

07:15:16 >>CHARLIE MIRANDA: Thank you very much, sir.

07:15:17 Need a motion to close the hearing.

07:15:18 >> Motion to close.

07:15:21 >>CHARLIE MIRANDA: Motion to close by Mrs. Montelione,

07:15:23 second by Mrs. Capin.

07:15:24 All in favor?

07:15:25 Please indicate by saying aye.

07:15:27 Opposed, nay.

07:15:27 The Ayes have it unanimously.

07:15:29 Item number 6.

07:15:31 Z-12-01.

07:15:33 Mr. Suarez.

07:15:34 >>

07:15:34 >>MIKE SUAREZ: An ordinance rezoning property in the

07:15:38 general vicinity of 3516 west Bay to Bay Boulevard in the

07:15:41 city of Tampa, Florida and more particularly described in

07:15:44 section 1 from zoning district classifications PD planned

07:15:48 development, office, business/professional to PD, planned

07:15:52 development, office, business/profession and medical

07:15:56 including all commercial general uses, except restaurant,

07:15:59 providing an effective date, and including the revision

07:16:00 sheet as presented by Ms. Feeley.

07:16:04 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, a second

07:16:06 by Mr. Cohen.

07:16:07 Any further discussion by council members?

07:16:08 All in favor of the motion?

07:16:10 Anything else, Abbye, you would like to add?

07:16:13 >>ABBYE FEELEY: Nothing.

07:16:14 >>CHARLIE MIRANDA: All in favor of that motion by Mr.

07:16:16 Suarez, seconded by Mr. Cohen, please signify by saying aye.

07:16:20 Opposed, nay.

07:16:21 The Ayes have it unanimously.

07:16:22 Thank you all very much for appearing.

07:16:24 >>THE CLERK: Motion carried with Mulhern being ab second.

07:16:27 Second reading and adoption will be on February 2nd at

07:16:31 9:30 a.m.

07:16:32 >>CHARLIE MIRANDA: We go to number 7.

07:16:34 Z-12-07.

07:16:36 That's Z-12-07.

07:16:38 Anyone in the audience, downstairs, until hallways, the

07:16:43 Mascotte room, or anywhere else in the building, this is

07:16:46 your chance to come up.

07:16:48 Z-12-07.

07:16:49 Item number 7.

07:16:50 >>ABBYE FEELEY: Land development.

07:16:57 Item Z-12-07 located at 3101 and a 3103 east IDA street,

07:17:05 3011 north Bay Street and 4200 north 31st street.

07:17:10 The request before you this evening is PD, planned

07:17:12 development, place of religious assembly, and RS-50,

07:17:16 residential single-family, to PD, place of religious

07:17:19 assembly.

07:17:21 This site minus the parking area, I am going to talk to you

07:17:30 about, was rezoned in 2003 for a place of religious

07:17:33 assembly.

07:17:34 It does contain several lots.

07:17:36 The applicant came to us wanting to add a parking lot and

07:17:41 tried to process the parking lot as a special use.

07:17:44 Because of the land use and because of the zoning on the

07:17:47 piece that they want to put the special use, it was better

07:17:50 just to amend the PD and bring the parking lot into the

07:17:54 existing PD for the church rather than to have the church

07:17:58 under the PD and the parking lot under special use.

07:18:01 So what we are doing tonight is bringing that additional

07:18:03 parking lot into them, and also preparing for the future for

07:18:08 them to build a new sanctuary should that option come to

07:18:11 fruition.

07:18:14 Go over the waivers while Tony gives his presentation but a

07:18:17 lot of those waivers are currently on the books based on the

07:18:19 current zoning.

07:18:20 Thank you.

07:18:20 >> Thank you.

07:18:21 Planning Commission?

07:18:22 >> Thank you, Mr. Chairman.

07:18:27 Tony Garcia, Planning Commission staff.

07:18:29 I have been sworn.

07:18:33 There is the familiar central Tampa planning district.

07:18:42 This is one of your three planning district that offers the

07:18:45 most opportunity for redevelopment opportunity, is job

07:18:48 creation.

07:18:49 As far as future land use categories for this particular

07:18:51 site, Mrs. Feeley already identified to you this will be

07:18:55 expansion of the uses out there, that's already been a part

07:18:58 of this community.

07:19:00 The land use category is residential 10, with the two

07:19:03 parcels in question.

07:19:04 Residential 10, daycares, churches.

07:19:11 As you can see on the aerial, it is primarily residential,

07:19:20 that departs from the main corridor of Boulevard, but that

07:19:26 is primarily what the character is as one departs.

07:19:31 These are uses that are -- that blend with the existing

07:19:36 residential, as I said, and becomes part of the fabric of

07:19:40 the community: Tampa request is part of the comprehensive

07:19:44 plan since the site is already existing.

07:19:48 Thank you.

07:19:48 >>ABBYE FEELEY: Land Development Coordination.

07:20:05 As I previously explained, this is an existing place of

07:20:08 religious assembly with a sanctuary and a fellowship hall.

07:20:12 That are existing today.

07:20:14 Let me go ahead and show you on the zoning atlas where we

07:20:19 are.

07:20:23 This is Martin Luther King Jr. Boulevard here to the south,

07:20:27 31st, north bay, and IDA.

07:20:33 The existing PD shown here in green, this is the sanctuary,

07:20:39 and the fellowship hall, with some surface parking.

07:20:42 This is the surface parking lot to the north that's

07:20:44 separated by north bay.

07:20:46 And what is being requested is to bring in this property,

07:20:51 just at the southeast corner of 31st and IDA.

07:20:55 It does back up to commercial intensive zoning, and there is

07:20:59 residential located adjacent to the property.

07:21:06 This is a retention pond, this large site shown here.

07:21:12 I show you the aerial.

07:21:16 There are some very large species trees on here, Mary did

07:21:20 work hard with the applicant to save those trees.

07:21:22 You see on the second page of your site plan, it's a one-way

07:21:27 in on IDA coming out onto 31st.

07:21:30 It does meander around a protected radius so they really did

07:21:34 a great job.

07:21:42 What I did on this one is I did an option one and option

07:21:45 two.

07:21:45 Option one, keeps everything the way it is today, and adds

07:21:49 that parking lot.

07:21:50 Option two allows them to tear down the existing sanctuary

07:21:54 and to build a new sanctuary in the future, and it shows you

07:21:57 the building footprint for that, should that option come to

07:22:00 that.

07:22:01 That way they would not have to rezone again.

07:22:03 We tried to build in some flexibility in the future to allow

07:22:06 for that to occur.

07:22:07 It's predominantly happening in the same footprint that the

07:22:15 existing sanctuary is about.

07:22:19 Let me show you some pictures.

07:22:24 This is a view from IDA.

07:22:27 I'm sorry, from north bay.

07:22:28 This is the north bay view looking south.

07:22:30 Toward the sanctuary.

07:22:32 This is the view of the fellowship hall.

07:22:37 Another view.

07:22:38 This is at the west end of the fellowship hall.

07:22:40 They do have some surface parking located there.

07:22:45 This is the surface parking lot to the north.

07:22:51 Of north bay.

07:22:53 There is a view from 31st looking west.

07:22:57 >>MIKE SUAREZ: Could you move it out a little bit, give us

07:23:01 a little more perspective?

07:23:05 >>ABBYE FEELEY: Oh, I'm sorry.

07:23:07 Do you want me to go back?

07:23:10 >> No.

07:23:10 >>ABBYE FEELEY: This is the east elevation of the existing

07:23:13 sanctuary.

07:23:14 This is a view from the new parking lot looking up to the

07:23:18 northwest.

07:23:20 This is the other existing surface parking just to the south

07:23:23 of the sanctuary.

07:23:26 Another view of that.

07:23:30 This is looking back toward the new parking lot with the

07:23:35 trees.

07:23:37 There is a view from 31st looking east.

07:23:43 This is off of 31st.

07:23:49 I have a lot of different shots.

07:23:57 There's some more views of that parking lot.

07:24:01 This is just north of the parking area.

07:24:05 This is on the north side, on the north side of IDA going

07:24:09 east.

07:24:12 I'm actually on the south side now.

07:24:14 This is immediately adjacent to the parking.

07:24:20 This is one lot further east.

07:24:26 These are on the north side of IDA, and this is a picture of

07:24:33 the commercial property.

07:24:35 This is on 31st looking east.

07:24:41 That's also looking east.

07:24:42 And then that's another piece.

07:24:45 This is MLK.

07:24:49 What I did in your staff report is I looked at the waivers

07:24:53 that were previously issued under the 2003 case and the

07:24:57 waivers that they are going to be required today.

07:24:59 I did see that on the one that they are listed on for today,

07:25:04 the Z-1207, I did not include two of them in your staff

07:25:08 report, but they are included on the site plan in a separate

07:25:13 waiver box down at the bottom, and that is to allow for

07:25:19 grass parking for the lot, and also to allow for the

07:25:24 ten-foot buffer required on the east to be five foot.

07:25:28 And that would be located and adjacent to that residential.

07:25:32 That looks like it may have been a home daycare of some sort

07:25:35 in it.

07:25:38 Other than that, I had two minor modifications, and that was

07:25:44 just to revise note number 2 to include chapter 13, which is

07:25:47 our tree and landscape plan.

07:25:49 Our tree and landscape chapter, and also since this was a PD

07:25:55 that was done in 2003 we did not make them do a new tree

07:26:00 survey for the sanctuary site, but if they tear that

07:26:05 sanctuary down we are asking that that tree survey be

07:26:08 provided at the time they permit the new building.

07:26:10 So we would add a notation on the site plan for that.

07:26:13 But Mary did, and we did get a survey on the new piece come

07:26:16 in and we worked that out with all the species and saw that.

07:26:21 That being said, I believe that's it.

07:26:24 >>CHARLIE MIRANDA: Thank you very much.

07:26:25 Petitioner?

07:26:25 >> Good evening.

07:26:31 I'm Jeff, a civil engineering with picket engineering out of

07:26:37 Bartow, Florida.

07:26:38 The church, really has no concrete plans for the new

07:26:43 sanctuary as of yet.

07:26:44 We were just trying to lay the groundwork for it, and felt

07:26:50 it was the best idea with this PD zoning.

07:26:52 I want to offer a couple of other things up that might help

07:26:55 you make your decision especially with regard to the

07:26:57 parking.

07:26:58 The church's service times are Sunday from 9:30 to 12:30,

07:27:03 and Tuesday from 7:00 to 8:00 so they only have those two

07:27:07 short-hour periods.

07:27:09 They don't offer anything other than those services.

07:27:11 There's no school.

07:27:16 The average attendance right now is 200.

07:27:19 About 200 patrons.

07:27:21 And the understanding about 30% of those live in the

07:27:25 neighborhood and are most likely pedestrian traffic.

07:27:33 I think the best case scenario, if the new sanctuary

07:27:36 happens, is probably about three years down the road.

07:27:39 And that being said, I'll stand for questions.

07:27:43 >>CHARLIE MIRANDA: The only question I have in my mind,

07:27:46 scenario one and two, you are asking that we not look at

07:27:51 option two.

07:27:52 >> I'm asking that you look at option two.

07:27:55 >>CHARLIE MIRANDA: Okay, that's what I want to make sure.

07:27:57 Any other questions by council members?

07:28:01 >>FRANK REDDICK: I have a question for Ms. Feeley.

07:28:04 When you were showing those pictures, is it possible -- I

07:28:11 want a copy of that picture where I saw that board up?

07:28:15 >>ABBYE FEELEY: Absolutely.

07:28:16 >>FRANK REDDICK: That's all I wanted.

07:28:18 >>ABBYE FEELEY: Yes, sir, I'll provide that.

07:28:21 >>CHARLIE MIRANDA: Does anyone in the audience care to speak

07:28:22 to this item, Z-12-07?

07:28:25 Z-12-07.

07:28:30 I see no one.

07:28:31 Anything else?

07:28:32 >> I did not provide a revision sheet.

07:28:34 So with those two modifications the inclusion of chapter 13

07:28:40 and the tree survey would be provided at time of permitting

07:28:43 of the new sanctuary would be included in your motion.

07:28:46 >>CHARLIE MIRANDA: Option 2.

07:28:47 >>ABBYE FEELEY: Yes.

07:28:49 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick.

07:28:50 Seconded by Mr. Suarez.

07:28:52 Further discussion by council members?

07:28:53 All in favor of the motion please indicate by saying aye.

07:28:56 Opposed, nay.

07:28:57 The ayes have it unanimously.

07:29:01 Okay.

07:29:02 Mrs. Montelione, item number 7-Z, 12-07.

07:29:06 >> I move AP ordinance being presented for first reading

07:29:11 consideration.

07:29:11 An ordinance rezoning property in the general vicinity of

07:29:14 3101 and 3103 east IDA street, 3011 east north Bay Street,

07:29:20 and 4200 north 31st street in the city of Tampa,

07:29:24 Florida, and more particularly described in section 1 from

07:29:27 zoning district classifications PD, planned development, and

07:29:30 RS-50, residential, single-family, to PD, planned

07:29:34 development, place of religious assembly, providing an

07:29:37 effective date.

07:29:37 And providing for the two notations that Ms. Feeley made on

07:29:42 option two.

07:29:44 >>CHARLIE MIRANDA: We have a motion by Mrs. Montelione,

07:29:45 second bid Mr. Reddick.

07:29:47 Further discussion by council members?

07:29:48 All in favor of that motion please indicate by saying aye.

07:29:51 Opposed nay.

07:29:52 The Ayes have it unanimously.

07:29:53 >>THE CLERK: Motion carried with Mulhern being absent.

07:29:58 Second reading and adoption will be on February 2nd at

07:30:00 9:30 a.m.

07:30:03 >>CHARLIE MIRANDA: We go now to item number 8 which is file

07:30:06 Z-11-41.

07:30:10 Z-11-41.

07:30:11 Anyone in the audience, downstairs, or in the hallways, in

07:30:15 the Mascotte room care to be heard on this, please come

07:30:18 forward at this time.

07:30:19 >>ABBYE FEELEY: Land development.

07:30:37 Do you want me to wait a minute, chairman?

07:30:40 The last item on your agenda this evening is Z-11-41 located

07:30:46 at 18600 highwoods preserve parkway.

07:30:52 It's from PDA, planned development alternative, place of

07:30:55 religious assembly and residential, to PD, planned

07:30:59 development, for school and daycare.

07:31:08 >>TONY GARCIA: Planning Commission staff.

07:31:09 I have been sworn.

07:31:13 This site is located in the New Tampa planning district

07:31:16 which is one of the two planning districts talked about the

07:31:18 South Tampa district, and this is the north Tampa district.

07:31:21 North Tampa district is what we would consider one of the

07:31:24 stable planning districts that does allow the opportunity

07:31:26 for in-fill redevelopment projects.

07:31:31 This particular project was already approved as Ms. Feeley

07:31:36 stated to you for a church daycare about 60, I think,

07:31:42 multifamily units.

07:31:43 I need to make you aware my second bullet point on my

07:31:46 report, I have got a couple of additional uses that are

07:31:49 incorrect, just so you know.

07:31:51 I have office R&D hotel.

07:31:54 That's incorrect.

07:31:54 It's multifamily family uses, church and daycare.

07:31:57 That's what's already been approved.

07:31:59 The request is for charter school and for daycare.

07:32:02 The land use category as you can see on the site consists of

07:32:06 two land use categories, ESA which is environmentally

07:32:09 sensitive area and SMU 6 which is suburban mixed use 6.

07:32:13 Suburban mixed use 6, if you would look at the list of

07:32:17 allowable uses for that particular type of use, this is

07:32:22 considering institutional uses, use under your policies,

07:32:28 under suburban mixed use 6, compatible quasi-public and

07:32:33 special uses, so would fall under that bullet point.

07:32:36 It's a single use category which is considered SMU 6

07:32:39 category, but we do encourage mixed use categories.

07:32:43 If this were a mixed use project, which it is not, the mixed

07:32:46 use project would require the 50% of the project be

07:32:49 residential.

07:32:50 That does not fall in this particular piece of criteria.

07:32:53 Also, environmentally sensitive lands have to be properly

07:32:58 delineated which has been done and has been shown on the

07:33:04 site plan for you to view, and that also has to be taken

07:33:09 into consideration as the environmentally sensitive areas,

07:33:12 land use category, according to the comprehensive plan, does

07:33:14 not allow any development of those lands that have the ESA

07:33:18 designation.

07:33:19 They have to be properly delineated and Buford from those

07:33:22 uplands proximate to that site that would allow development

07:33:26 of the uplands on that particular subject site.

07:33:29 The use is an allowable use.

07:33:33 Planning Commission staff found the proposed request

07:33:35 consistent with the comprehensive plan.

07:33:37 >>CHARLIE MIRANDA: Thank you very much.

07:33:39 Mrs. Montelione has a question.

07:33:40 >>LISA MONTELIONE: Not a question, a disclosure.

07:33:43 I do have to disclose ex parte communication on this

07:33:46 application.

07:33:49 On November 6th had, I had a discussion with how Sean

07:33:57 Harrison who used to sit in this seat.

07:33:59 He had concerns over the site, did tell me there was

07:34:02 considerable opposition, and weighs hoping to be here but

07:34:05 apparently they are in session so he will not be here

07:34:07 tonight.

07:34:07 But he was right about the amount of people who would be

07:34:11 here.

07:34:12 He is here?

07:34:13 I didn't see you.

07:34:17 Sorry about that.

07:34:18 You are all the way in the back there.

07:34:19 I didn't see you.

07:34:21 So I just wanted to make that clear for the record.

07:34:26 >>CHARLIE MIRANDA: Thank you very much.

07:34:26 Anything else?

07:34:34 >>ABBYE FEELEY: The request before you as I stated is from

07:34:36 PDA planned development alternative to PD planned

07:34:39 development.

07:34:40 Tony touched on the-that the zoning is land controlled

07:34:46 zoning so our two options are PDA which requires 50 acres or

07:34:50 PD, which can encompass less than 50 acres.

07:34:54 That's why this is PD before you this evening.

07:34:57 There's one waiver being associated with that, and that's to

07:35:00 reduce the required drive aisle from 26 feet to 24 feet.

07:35:06 The standard waiver request.

07:35:08 The applicant is proposing to rezone the property bounded by

07:35:13 Highwoods Parkway north and west, from PDA, PD to allow for

07:35:17 the development of a school and daycare.

07:35:19 The existing PDA allows for either place of religious

07:35:23 assembly with accessory use daycare, or 66 multifamily

07:35:26 residential units.

07:35:28 The subject application is requesting to rezone in order to

07:35:32 allow for the elementary and/or middle school K-8 use and

07:35:35 independent daycare facility.

07:35:37 The property includes 17.24 acres, and the development

07:35:43 proposes a 58,920 square foot charter school, including two,

07:35:49 two-story buildings, one 4,720 square feet and one of 18,200

07:35:54 square feet respectively, with associated parking, utility,

07:35:58 stormwater, athletic field, in phase one.

07:36:04 Phase two would include a one-story 10,105 square foot

07:36:08 daycare facility with associated parking, utilities,

07:36:10 stormwater.

07:36:13 I'm sorry.

07:36:14 Let me take a step back.

07:36:16 The school, those two buildings, phase one and two.

07:36:19 The daycare was phase three.

07:36:25 Total development for the site would include 69,025 square

07:36:29 feet.

07:36:30 The proposed PD setback ranged from 149 feet to 259 feet

07:36:35 along the parkway, 100 feet to 138 feet along the south

07:36:40 property line, to the building, 27.6 feet along the south of

07:36:45 the athletic courts and 414 feet to the west property line.

07:36:49 The proposed setbacks for the daycare are 60 feet along high

07:36:54 woods preserve parkway and 268 feet to the west.

07:36:57 The property is surrounded by residential uses to the north,

07:37:00 the property Tampa, Mr. West and south.

07:37:03 In addition, the property contains a large wetland

07:37:06 conservation area which is delineated on your site plan,

07:37:09 along the southwest portion of the property.

07:37:12 It is located within the New Tampa commercial overlay

07:37:14 district and has been reviewed by the urban design

07:37:16 coordinator for compliance with the applicable regulations.

07:37:20 Required parking for the school is 85 spaces, and a total of

07:37:24 88 will be provided.

07:37:25 Required parking for the daycare is 25 spaces and a total of

07:37:29 41 spaces will be provided.

07:37:47 Here is an aerial of the site.

07:37:50 New Tampa Boulevard to the north, cypress -- I'm sorry.

07:37:56 Highwoods Preserve Parkway, running along the east.

07:38:03 The interstate, I-275 over to the west.

07:38:07 You can see on the aerial that we provided, ESA area we keep

07:38:13 referring to, is located really in this corner here.

07:38:23 I have a smaller version on the site plan.

07:38:24 There is three access points for the daycare facility.

07:38:28 It would be an in-only and out-only on highwoods here for

07:38:33 two and full access for the school site further down toward

07:38:36 the south, which would be two lanes in and two lanes out.

07:38:46 You will see as I referred to in that aerial that chunk of

07:38:49 ESA is taken out of the site plan.

07:38:53 From what is developable.

07:38:56 It is remaining undevelopable as protected environmentally

07:38:59 sensitive area.

07:39:12 I did pull one additional aerial to kind of show the

07:39:16 proximity of the site in relationship to Bruce B. Downs.

07:39:24 It's approximately 1.1-mile from the site to the

07:39:28 intersection at Bruce B. Downs and Highwoods Preserve.

07:39:36 The remaining comment in the staff report are related

07:39:39 predominantly to tree and landscape and the natural

07:39:42 resources division.

07:39:43 Kathy back, and Mary Daniel Bryson have been working very

07:39:50 hard with the applicant to make sure that the

07:39:51 environmentally sensitive areas are protected, and do meet

07:39:54 our standard.

07:39:57 There are some comments that were provided by parks and

07:39:59 recreation related to the habitat and also the alternative

07:40:04 form of compliance that the applicant would be complying

07:40:07 with, predominantly at the time of permitting?

07:40:16 Mary Bryson has some items to be added to the site plan that

07:40:20 during construction the developer will work with staff to

07:40:22 preserve additional trees.

07:40:24 This is a, with 75% of the trees can be removed, which

07:40:29 allows for 25% retention.

07:40:32 They are about the 25%.

07:40:34 There is no waiver being requested for any tree removal at

07:40:37 this time.

07:40:44 Mary needed number 29 revised that during construction they

07:40:49 would try to preserve additional trees.

07:40:51 Number 30, that the plan takes small unprotected trees

07:40:57 within the habitat buffer in accordance with section 13-27,

07:41:01 alternative form of compliance.

07:41:03 Number 31, the notation to the revised descriptive measures

07:41:09 required by the arborist will be followed, and number 32,

07:41:13 needed to be revised to say that any trees not preserved

07:41:16 would be debited from the tree table which is a standard

07:41:20 measure.

07:41:20 And I have provided a revision sheet that outlines those

07:41:23 modifications that need to be made in between first and

07:41:25 second reading should it be the discussion of council to

07:41:27 approve -- decision of council to approve this this evening.

07:41:30 Thank you.

07:41:32 >>CHARLIE MIRANDA: Thank you.

07:41:32 Petitioner?

07:41:33 On Z-11-41.

07:41:49 >>YVONNE CAPIN: As it is right now, it is -- will allow for

07:41:54 66 residences?

07:41:57 >>ABBYE FEELEY: Land development.

07:42:04 Yes, like a town home, multifamily unit, or a church with an

07:42:10 accessory daycare.

07:42:14 >>YVONNE CAPIN: And it allows -- is it plausible that they

07:42:20 would be able to build on that property, 66 residences?

07:42:27 I know it is allowed, but is it --

07:42:30 >>ABBYE FEELEY: The thing PDA planned development

07:42:33 alternative is the master set-up entitlements of a piece of

07:42:38 property, and what's done is when those entitlements are

07:42:40 ready to be activated or drawn down or applied to a piece of

07:42:44 property, it then comes through what we call incremental

07:42:47 site plan review, that would engineer the site to show that

07:42:51 they could meet code, and they could also apply those

07:42:55 entitlements, i.e., the 66 units.

07:42:58 So at the present time, I can't tell you -- I have never

07:43:02 seen a plan that shows the 66 units, or the church, but that

07:43:07 would be done administratively given that the property is

07:43:09 already entitled under the PDA process.

07:43:12 >>YVONNE CAPIN: So we are looking at entitlement, not

07:43:14 necessarily in fact.

07:43:22 For what is on the property, yes.

07:43:23 It's going to a PD which requires that site plan and now

07:43:26 shows you how it would function on the site.

07:43:30 >>YVONNE CAPIN: Thank you very much.

07:43:32 >>CHARLIE MIRANDA: Anyone else?

07:43:32 Council members?

07:43:34 Petitioner?

07:43:46 As soon as you are sworn in, say your name for the record.

07:43:49 >>THE CLERK: Any others that need to be sworn?

07:43:55 (Oath administered by Clerk)

07:43:56 Matt Smith, 2105, Winter Park, Florida. What's a Winter

07:44:19 Park person doing over here in the City of Tampa?

07:44:27 Grew up in the city of Lakeland.

07:44:29 I'm here this evening representing applicant.

07:44:38 The president is here with us.

07:44:40 And we are here this evening for a quasi-judicial hearing.

07:44:43 I know you know that.

07:44:45 But the nature of it is unique.

07:44:49 Prior to 1993, Supreme Court came out with the Snyder

07:44:53 decision.

07:44:53 The standard for reviewing was different.

07:45:02 The stand-up one, they were upheld, and it was fairly

07:45:07 debatable.

07:45:11 In a quasi-judicial matter, the land owner seeking to rezone

07:45:15 property has the burden of showing you by the application,

07:45:21 consistent with your comprehensive plan, and meets all of

07:45:24 the city's other requirements.

07:45:29 You don't have to take my word for it obviously.

07:45:31 Our burden is to prove that with competent, substantial

07:45:34 evidence.

07:45:36 Now, once we do that, the burden shifts.

07:45:39 And you obviously have your own counsel here.

07:45:42 You will be advised by your counsel.

07:45:57 The board needs competent substantial evidence.

07:45:59 To deny the application.

07:46:00 They can do that.

07:46:08 The reason we are here tonight is to apply the existing code

07:46:11 to this application.

07:46:15 Again a little different from your typical hearing.

07:46:18 But the question in front of the board this evening is not

07:46:20 what you want us to do, ask yourself what do we want to do.

07:46:25 The question is did the applicant do everything that is

07:46:31 required of him?

07:46:33 In here, the applicant absolutely has.

07:46:38 Now, imagine a scenario where an applicant meets all the

07:46:41 city requirements, and the city has new requirements or

07:46:45 treat the applicant differently than it has other applicant,

07:46:49 then we have a due process issue.

07:46:51 And so all we ask this evening is that the rules apply to

07:46:57 everyone consistently and the applicant knows what the rules

07:46:59 are, and I think we do.

07:47:00 I think we absolutely know what the rules are.

07:47:02 The applicant has met all the city's requirements.

07:47:05 It's done everything the city staff has asked.

07:47:08 It didn't press the city or try to push the envelope with

07:47:12 this project.

07:47:13 It didn't try to negotiate down.

07:47:20 So let's talk about the comp plan a little bit and some of

07:47:23 the other city requirements.

07:47:25 Staff report that was done by your staff, your experts,

07:47:31 supports the rezoning.

07:47:34 You already have competent, substantial evidence in front of

07:47:36 you.

07:47:36 We are here to add to.

07:47:38 That we are here to provide you more competent substantial

07:47:41 evidence.

07:47:42 Don't take my word for it.

07:47:44 We brought Michael Horner, who is a member of the American

07:47:47 certified planners, to talk to you about the site plan a

07:47:49 little bit and how we meet the comprehensive plan and the

07:47:52 code.

07:47:52 We also have Elizabeth Rodriguez here this evening.

07:47:55 She's our transportation consultant.

07:48:01 The traffic study was signed and sealed by a professional

07:48:04 engineer.

07:48:04 And that's important because it ensures you are getting

07:48:08 competent, substantial evidence.

07:48:12 In fact, the traffic study was approved with mitigation

07:48:18 agreed upon by the staff.

07:48:20 So you have already heard that we are talking about a person

07:48:23 has a land use designation.

07:48:26 It allows RO, PD and PD alternatives.

07:48:31 Now, the area was approved in '79 for various, reserve and

07:48:37 development, park, retail, hotel, residential.

07:48:40 And the existing zoning use, PDA, allows for a church and

07:48:44 daycare, or multifamily.

07:48:48 Our application is for PD, which is a charter school and

07:48:53 daycare.

07:48:54 And the daycare uses are similar, not the same.

07:48:57 The church and school uses are relatively similar as well.

07:49:02 They are both neighborhood support use.

07:49:06 They are both elements for the community's needs.

07:49:10 They provide services that residents use.

07:49:15 Those are similarities that don't generate schools, parks,

07:49:21 and churches don't generate peak hour trips.

07:49:27 So the staff has outlined very well for you in the staff

07:49:30 reports how this project complies with the comprehensive

07:49:33 plan and all the city's requirements.

07:49:36 The school here helps achieve a single mix use.

07:49:41 There's already a school in the area so we know that school

07:49:44 is a compatible use with the residential.

07:49:46 It provides an educational amenity to the community.

07:49:51 This is a charter school that will focus on science,

07:49:56 technology, engineering, and mathematics.

07:49:59 Focus on the things that are important for students in the

07:50:01 future.

07:50:04 The location also furthers the goals of pedestrian and

07:50:09 bicycle travel.

07:50:09 We can all think of examples where neighborhood schools have

07:50:15 been in the community and where people that we all know have

07:50:20 walked to school or ridden bicycles to school.

07:50:26 You will see the natural resources, et cetera.

07:50:30 Let's talk about the traffic a little bit.

07:50:32 Our traffic -- we submitted a report that was signed and

07:50:35 sealed.

07:50:36 It shows the charter school generates peak hour trips.

07:50:43 So traffic in the area, it's a little confused and congested

07:50:47 right enough to.

07:50:48 Bruce B. Downs is under construction.

07:50:52 Fly over still under construction, not complete yet.

07:50:58 Another factor to consider is that the city adopted a

07:51:04 service for Highwoods Preserve Parkway.

07:51:07 I wasn't here when that was done.

07:51:09 I don't know if the residents showed up in the legislative

07:51:13 hearing, where you are setting policy, and argue for a

07:51:18 higher level of service like level B or level C.

07:51:21 The level service that the city adopted is level B.

07:51:29 It's important to note, I think, that our application for

07:51:32 this project would add less than one percent to the existing

07:51:40 trips at the intersection of Bruce B. Downs, Highwoods

07:51:43 Preserve Parkway.

07:51:46 It's less than one percent at that intersection.

07:51:51 >>CHARLIE MIRANDA: Let me just say this.

07:51:52 The gentleman has the floor, stop the time.

07:51:55 I would appreciate all of those in the audience not to start

07:51:58 murmuring or clapping or whatever.

07:52:02 We want to hear from them.

07:52:04 And then we are going to hear from you.

07:52:05 And then we are going to base our decisions on what we

07:52:08 heard. So please give him all your due respect.

07:52:11 Please start the time.

07:52:12 >> I would like to re serve a little time to speak in

07:52:18 response to the opposition, if I might.

07:52:21 The opposition is well organized and well represented this

07:52:24 evening.

07:52:25 I think you are going to hear a little bit from Randy Coen

07:52:27 later who is certainly well versed in land development.

07:52:32 To our knowledge he's not a professional engineer.

07:52:34 And I don't believe he did a traffic report.

07:52:36 He did review the ones the city required the applicant to

07:52:39 do.

07:52:42 It was dated November 30th.

07:52:44 It criticized the methodology and specifically referenced,

07:52:49 the concurrency management procedure manual.

07:52:53 So when you hear that reference, understand the staff

07:52:55 advised us that the studies after the passage of house bill

07:53:03 1707.

07:53:09 It's not a thumbs up or thumbs down issue.

07:53:11 It's about what mitigation is required.

07:53:15 So the goal for the opposition is to muddy the waters and

07:53:22 frankly to have this denied or get a continuance, which

07:53:24 would be the same result.

07:53:25 You are well aware of the fact that school starts in August,

07:53:28 no matter what the status of the project is.

07:53:34 And the school needs to be built to open in August.

07:53:38 Now, we had a couple of community meetings.

07:53:39 We have actually postponed twice. We have talked to the

07:53:44 community about what they would like to see.

07:53:46 We didn't receive many suggestions.

07:53:56 They don't want the school built.

07:53:58 As I said, they are well represented.

07:54:00 They are well organized.

07:54:01 Their concerned citizens.

07:54:02 They are passionate about their community.

07:54:04 We are all passionate about our community.

07:54:06 Absolutely.

07:54:10 It's a terrific community.

07:54:12 Understand

07:54:19 He will come up and talk to you about the research he has

07:54:22 done and that's only to demonstrate to you that this is

07:54:25 absolutely a passionate group.

07:54:27 It is not the majority.

07:54:29 And frankly, the Supreme Court in the Davis case gave us the

07:54:34 standards.

07:54:35 It's a it's the standard they had before 1993.

07:54:39 But the process, the vocal minority that shows up at the

07:54:44 hearing that influences land use decisions rather than

07:54:46 relying on the comprehensive plan and the staff.

07:54:51 So understand we are sensitive to their concerns.

07:54:59 The buffering, the landscaping, the natural trees, it's a

07:55:05 tremendous looking project.

07:55:11 That said, we understand their concerns.

07:55:13 One of the primary concerns is about traffic, which is based

07:55:15 on the intensity of the site.

07:55:19 So what we would like to do this evening, there's

07:55:21 essentially three things.

07:55:23 Phase one of the school.

07:55:24 Phase two of the school.

07:55:25 And then the third phase is the child development center.

07:55:30 Now, your staff report and our engineer's analysis shows the

07:55:34 project as is meets all the city's requirements.

07:55:38 The staff recommended approval of the project as is.

07:55:43 My clients agreed not to withdraw the application but to

07:55:48 remove phase two of the school.

07:55:51 So the project works as it is, contributes less than one

07:55:55 percent of the traffic at the intersection, and by doing

07:56:00 this, we are taking out 325 students from the project.

07:56:04 The other thing to note is that the application originally

07:56:07 showed the child development center as being 250 to 350

07:56:11 children.

07:56:15 The maximum it's going to accommodate is 250.

07:56:17 So we are happy to make that change prior to the second

07:56:22 reading as well.

07:56:23 Both of those changes.

07:56:25 The applicant is happy to make if the board so elects.

07:56:32 This is an deemed.

07:56:35 We have Mr. Mike straiter here from charter schools to

07:56:41 address you.

07:56:44 It's going to have a low impact.

07:56:45 It's not a high school.

07:56:47 There are no football games on Friday nights.

07:56:50 There's no band practice.

07:56:51 There are no stadium lights that will be on at night.

07:56:53 It's an academy.

07:56:55 It's an educational amenity that provides something an

07:57:00 option to residents.

07:57:02 It's free.

07:57:06 And at the end of the day the traffic impacts talked about

07:57:10 will be negligible.

07:57:13 Understand the residents don't like the traffic situation as

07:57:15 it is.

07:57:15 I absolutely acknowledge that and understand it.

07:57:18 But the impact here is less than one percent at that

07:57:22 intersection.

07:57:23 So this application is consistent with the comprehensive

07:57:25 plan.

07:57:26 We have done everything the city has asked.

07:57:29 Parking, that you have competent substantial evidence, and

07:57:34 frankly our evidence combined with the staff reports is an

07:57:37 overwhelming amount of competent, substantial evidence for

07:57:39 you to consider.

07:57:41 We simply ask that you approve the application.

07:57:46 Now, we are going to have Mr. David McKinley speak to you

07:57:49 briefly, and Mr. Mike horner will review the site plan with

07:57:53 you.

07:57:54 Mr. Rodriguez is here to address the traffic issues.

07:57:58 >>CHARLIE MIRANDA: Hold the time.

07:57:59 Any questions by council members?

07:58:01 Sir,.

07:58:06 >>LISA MONTELIONE: I have one question.

07:58:07 Can you reiterate what phase two is and your statement that

07:58:12 your client's position would be withdrawing phase two?

07:58:16 >> Yes.

07:58:17 The proposal is to build the first school building.

07:58:22 And then whenever the demand necessities in the future, I

07:58:29 think that 18,000 square feet, so the break down is 325,

07:58:35 roughly for phase two, and the proposal to withdraw that.

07:58:43 >>CHARLIE MIRANDA: Any other questions?

07:58:47 Most month the site plan that he that we were given will be

07:58:49 revised to remove that second building?

07:58:55 >> Yes.

07:58:55 >>LISA MONTELIONE: And was this part of any conversation

07:58:58 prayer to just now tonight?

07:59:01 Did you have this conversation with our staff?

07:59:07 >> We have asked the community: We have talked to the

07:59:09 residents about what we can do, now, what mitigation they

07:59:12 requested.

07:59:15 In their transportation letter, they didn't have any

07:59:19 mitigation proposed.

07:59:20 >> The only conversation with the community was phase two

07:59:23 ever on the table?

07:59:24 >> No, it was not.

07:59:26 We talked about the charter school, which is similar to

07:59:30 other charter schools, and the child development center.

07:59:35 >> But how many meetings did you have with the community?

07:59:40 >> We had two large meetings.

07:59:42 One with their board of directors, and then one with all the

07:59:47 residents.

07:59:47 >> All the residents is a lot of people.

07:59:51 >> No, you are correct.

07:59:53 Those that chose to come, correct.

07:59:55 >> I mean, was it as well attended as tonight is?

08:00:05 >> There's a bunch of people downstairs as well.

08:00:08 It was very well attended.

08:00:10 Certainly more people than are in here at the second

08:00:14 meeting.

08:00:14 >> I'm just trying to gauge what the participation was at

08:00:20 those meetings.

08:00:20 >> I can tell you that we offered to meet with them in

08:00:24 November.

08:00:24 That didn't work out from a timing standpoint.

08:00:29 It was a month earlier than that.

08:00:30 We worked with their Board of Directors and their

08:00:32 representatives.

08:00:33 And we told them we would meat with them as meantimes as

08:00:36 they want.

08:00:38 And in most cases, the projects are improved, public input.

08:00:44 And we didn't get much input other than we don't like it, we

08:00:49 like the woods the way they are.

08:00:51 We got some input from one resident about landscape

08:00:56 buffering, and we told them we would revise our plan to

08:00:59 include an opaque landscape buffer in that area.

08:01:02 We are trying to make this project as easy as it can be and

08:01:07 we think it is a great project.

08:01:09 Understand that there are a lot of people to oppose it.

08:01:12 >>LISA MONTELIONE: Thank you.

08:01:14 >>CHARLIE MIRANDA: Any other council members?

08:01:17 A couple of things.

08:01:18 You mentioned 1979.

08:01:20 Right?

08:01:21 >> Yes.

08:01:23 >>CHARLIE MIRANDA: I was here in 1979.

08:01:25 >> Is that right?

08:01:27 >>CHARLIE MIRANDA: That's right.

08:01:27 The roads that you see there are mainly county roads

08:01:30 designed by the county when we accepted the transfer from

08:01:32 county and the city.

08:01:35 You also mentioned very carefully the PM traffic at the

08:01:39 intersection that you mentioned, but you never mentioned the

08:01:43 traffic count on the AM side.

08:01:46 >> Correct.

08:01:47 >> That was a joke.

08:02:01 >> I'm the first one to admit that I am not nearly smart

08:02:04 enough to have been an engineer and that's why we have

08:02:07 traffic consultants and engineers and --

08:02:11 >>CHARLIE MIRANDA: Well, I am not smart enough to be an

08:02:14 attorney.

08:02:14 [ Laughter ]

08:02:24 >> You mentioned about the one percent variable and

08:02:26 increased traffic.

08:02:27 What you didn't mention was the status quo was 66

08:02:30 multifamily residence, what would that be equated to one

08:02:37 percent?

08:02:38 >> Well, correct.

08:02:39 First of all, I don't believe it was one percent.

08:02:41 >> Well, you said less than one percent.

08:02:43 >> And Mr. Rodriguez can better address that you now, I

08:02:48 would like to, just in response to your question, the

08:02:52 property has been owned by solution church.

08:02:59 To my knowledge they don't have any multifamily opportunity

08:03:03 to develop that right now.

08:03:05 But that's probably just hearsay.

08:03:07 But no one else to develop the property when my client

08:03:19 entered the contract.

08:03:21 >>CHARLIE MIRANDA: You mentioned if you want to hear someone

08:03:23 speak from your group, that's your decision, not our

08:03:25 decision.

08:03:26 As I see a court reporter there, I want to make sure that

08:03:29 the decision is yours whether you put somebody on and not

08:03:32 mine or this council's.

08:03:33 Do we agree on that?

08:03:35 >> Absolutely.

08:03:36 That was a poor way for me to word that.

08:03:39 >> Now you know why I have been here since 7:00 this

08:03:41 morning.

08:03:43 All right.

08:03:43 Thanks very much.

08:03:44 Whoever you want to bring up now, if you are presented --

08:03:47 finance issued, I'll start the time if you want to bring

08:03:49 somebody up.

08:03:50 >> Okay.

08:03:51 >> Dave McKinley.

08:04:04 I work for research America in newtown square, Pennsylvania,

08:04:10 one of the leading telephone market research companies in

08:04:12 the United States.

08:04:13 We perform over 800 surveys each year, and recently, within

08:04:18 the last year, we have done five educational research

08:04:21 studies in the State of Florida.

08:04:24 And about January 2nd or 3rd, I got a call from one

08:04:30 of my clients who is rollhurst and asked if we would do a

08:04:42 similar type study.

08:04:43 And he told me what it was for, and I said, that doesn't

08:04:46 really make sense.

08:04:47 So I did design a study to survey the people in the area.

08:04:52 And I have asked Joe to hand you a copy.

08:04:59 The purpose of the market research project was to determine

08:05:02 opinions of the general population within a five-mile radius

08:05:06 of the location 18,600 highwood preserve parkway, Tampa,

08:05:12 Florida.

08:05:13 More specifically, we wanted to know the favorability of a

08:05:17 charter school and whether or not parents with children

08:05:19 under 15 years of age had any interest in the charter

08:05:23 school.

08:05:25 We chose a firm in California who were used quite often to

08:05:31 pull the sample.

08:05:32 The sample was drawn by scientific telephone samples in

08:05:36 California.

08:05:36 (Bell sounds).

08:05:39 >>CHARLIE MIRANDA: Let me stop one second.

08:05:41 Can I ask the attorney how many others you are going to put

08:05:43 on for rebuttal?

08:05:48 >>

08:05:54 I don't know how much more time you need, sir.

08:05:56 >> I'll be as quick as you want me to.

08:06:03 >>CHARLIE MIRANDA: For your presentation.

08:06:04 I am not trying to cut you off or anything else.

08:06:06 I want to make sure that when I make a motion that the

08:06:08 council understands what I am looking for.

08:06:09 >> About 15 minutes, they are saying.

08:06:12 And I'll probably be about another seven.

08:06:16 >>CHARLIE MIRANDA: Yale entertain a motion for 15 minutes.

08:06:24 >> I have a motion.

08:06:26 Second --

08:06:28 >> Thank you.

08:06:28 >> I haven't done it yet.

08:06:30 I need a second to that by Mr. Suarez.

08:06:33 All in favor to expand by 15 minutes.

08:06:35 Pleas signify by saying aye.

08:06:36 Opposed, nay.

08:06:37 The ayes have it unanimous.

08:06:38 You have 15 additional minutes.

08:06:40 Yes, sir.

08:06:40 >> It's weird being here because back home I was on the

08:06:45 supervisors and I was chairman for five years, and the last

08:06:48 seven years I have been on the school board.

08:06:49 I have been chairman.

08:06:50 It's odd being on this side.

08:06:53 >>CHARLIE MIRANDA: If you want to trade p places let me

08:06:54 know.

08:06:55 >> It's funny, in --

08:06:59 >> You have 15 minutes.

08:07:00 >> Anyhow, we conducted the 600 interviews and based on the

08:07:06 population figures of that area, the results at a conference

08:07:11 level were 99% plus or minus 2.29%.

08:07:15 And I am just going to go to the results.

08:07:21 When they asked about the favorability of a charter school,

08:07:25 the people in the five mile radius said yes, they were in

08:07:28 favor of a charter school.

08:07:31 52.7%.

08:07:34 No was 23.8%.

08:07:36 And don't know 23.5%.

08:07:41 When asked about the favorability of a stem charter school

08:07:44 opening in the area, the people said 68% of the time

08:07:48 favorable, 14.6% of the time unfavorable, and 17.3% were

08:07:55 neutral.

08:07:57 When we were asked about the concerns regarding a new

08:08:00 charter school opening in the area, 30.5% said they didn't

08:08:04 see any problems, 22% said they saw a traffic problem, and

08:08:09 18.3% said they saw a cost or tax increase problem.

08:08:16 Of the 600 respondents that we enter viewed, 187 of them had

08:08:21 children under 15.

08:08:22 They were asked the question if they would consider sending

08:08:25 their child or children to a stem charter school.

08:08:29 The results showed that had 63.1% said they would consider,

08:08:34 24.1% said they would not, 7.5 said maybe, and 5.5 said

08:08:40 don't know.

08:08:41 I had a little bit more, but it looks like your time, and I

08:08:47 think the importance of the traffic study and the other

08:08:49 gentlemen are more important than what I have to say.

08:08:52 >>CHARLIE MIRANDA: I'll stop the time again.

08:08:53 Any questions by council members?

08:08:56 Ms. Capin?

08:08:58 >>YVONNE CAPIN: Yes.

08:08:58 You did a study on the charter schools, but it's a charter

08:09:03 school and a daycare, I need the definition on that for our

08:09:06 attorney on the difference.

08:09:09 Because there is both.

08:09:11 And we have a charter school and a daycare.

08:09:17 And we are hearing about the charter school, but I would

08:09:22 like to know what we have, and there's a daycare here.

08:09:33 So also, a five mile radius that would take in a population

08:09:40 that may not be affected.

08:09:43 >> It's 253,030 people approximately as of the 2010 census.

08:09:59 Okay.

08:09:59 So that's how the sample was pulled.

08:10:03 And we -- you know, I have other statistics to share with

08:10:08 you if you would like.

08:10:09 We broke the answers down from zero to two miles, two to

08:10:14 four, and four to five.

08:10:16 The results were similar, not significantly different.

08:10:20 They were somewhat different in certain questions when you

08:10:24 got closer or farther away, but mostly very consistent

08:10:27 across the board.

08:10:29 >>YVONNE CAPIN: Is that in here?

08:10:31 >> No, but I will be glad to share that with you.

08:10:34 Well, I wouldn't be glad to share it with you because -- I

08:10:39 did this survey for them.

08:10:40 I'm sure they would be glad to share all the results with

08:10:43 you showing the breakdown by the zero to two.

08:10:54 It's somewhere in the back but not every specific question.

08:10:58 >>CHARLIE MIRANDA: I need your name for the record.

08:11:02 In the Mike.

08:11:02 >> Joe rollhurst.

08:11:07 >> There's two in the back broken down by geographic

08:11:11 distance from the location.

08:11:12 >>YVONNE CAPIN: Thank you.

08:11:13 I appreciate that.

08:11:14 I will look up that and may have more questions.

08:11:17 >> We have a breakdown if the council would be interested

08:11:20 and would be willing to share it with you.

08:11:22 It does show every question, not only by the averages, but

08:11:25 by the zero to two.

08:11:28 We flagged it on the sample zero to two, two to four, and

08:11:32 four to five.

08:11:37 >>YVONNE CAPIN: Thank you.

08:11:37 I appreciate that.

08:11:40 >>CHARLIE MIRANDA: I have Mr. Cohen, Mrs. Montelione, Mr.

08:11:44 Suarez.

08:11:44 >>HARRY COHEN: Sir, one question.

08:11:46 These questions were all general questions, correct?

08:11:48 I mean, none of the questions specifically addressed how the

08:11:53 residents felt about this particular project.

08:11:56 >> This is the question asked.

08:12:03 This will tell you exactly what we asked and what I was

08:12:06 asked to do.

08:12:08 I'm from Pennsylvania and have no interest one way or

08:12:11 another in the charter school or any of the schools, quite

08:12:14 frankly.

08:12:15 I just did independently what I was asked to do.

08:12:20 So I don't know how to answer your question better than

08:12:22 that, than show questions that were asked of the public.

08:12:26 >>LISA MONTELIONE: I'm not terrific at doing the math in my

08:12:37 head, but what percentage is 600 of 253,030?

08:12:42 What's the percentage?

08:12:44 In here there's a five mile radius, 253,030 people within

08:12:51 that five mile radius.

08:12:53 600 interviews.

08:12:54 So I'm looking at what the percentage --

08:12:58 >> I'm not sure what that is.

08:13:01 It's very, very simple.

08:13:03 It's not a statistician, a mathematician would need to do

08:13:07 this.

08:13:08 Could you do it just like I could tomorrow.

08:13:10 >> I don't have a calculator.

08:13:12 >> As far as determining the sample size, it's statistical

08:13:18 competence level and it will show you the exact number.

08:13:20 We should have actually conducted about 450 surveys, but

08:13:26 that was my recommendation and we would have been at a nice

08:13:30 level.

08:13:30 >> With statistical confidence?

08:13:33 >> Yes.

08:13:33 That was my recommendation.

08:13:34 But Mr. Roll Hurst wanted a higher level of accuracy, plus

08:13:40 okay if you want to, get the 99% plus or minus 2.5%, 600

08:13:45 interviews.

08:13:46 And that's why that number came about.

08:13:47 >>LISA MONTELIONE: Well, the areas that are affected or

08:13:53 would be impacted are, in my eyes, although the Planning

08:13:58 Commission's report lists only the Tampa Palms association,

08:14:04 but the way I see it is West Meadows, which is also

08:14:07 mentioned on the map provided with our rezoning packet.

08:14:12 Do you know how many residents there are combined between --

08:14:15 >> I actually have scientific telephone samples,

08:14:21 demographics that they gave me.

08:14:22 I could give it to you by zip code.

08:14:27 And the population within each zip code.

08:14:29 >> Breaking it down that way, does it tell me -- I'm looking

08:14:34 for numbers, not individual numbers.

08:14:35 >> What our firm does, what is statistically valid, and what

08:14:41 we are asked to do.

08:14:42 And we were asked to do within a five mile radius.

08:14:44 So that's the sample.

08:14:47 After we pulled the sample, we were further asked if we

08:14:51 could identify within a zero to two, three to four, and four

08:14:55 to five.

08:14:57 We had to go back and redo the sample to do that.

08:15:01 That's what we were asked to do and that's what we did.

08:15:03 >> Okay.

08:15:08 Is Planning Commission here, to have the demographics and

08:15:10 know what the population is?

08:15:15 I am just looking at -- understand statistical competence.

08:15:26 But the 253,000 people in a five mile radius I think is just

08:15:34 a small fraction of the number of people in the

08:15:41 neighborhoods and the communities that are affected.

08:15:42 >> Okay.

08:15:44 Like I said, we drew the sample in a five mile radius.

08:15:48 There's 99,141 household.

08:15:51 And 253 and 30 people as of 2010 in that five mile radius.

08:15:58 Now, I was not asked nor do I have --

08:16:01 >> Five miles.

08:16:02 >> Right.

08:16:02 I was not asked nor do I have availability to information

08:16:05 you are asking for.

08:16:07 >> I'm just concerned that five mile radius is not quite

08:16:11 large enough, because --

08:16:16 >> Tell them to do another survey, they'll pay me again.

08:16:21 [ Laughter ]

08:16:23 >> Mr. Suarez.

08:16:24 >> I was going to ask a legal question of you, sir.

08:16:27 But our attorney -- and I think they she just walked out.

08:16:30 Mr. Shelby went to get her.

08:16:32 I understand the reasoning behind this.

08:16:34 A lot of it -- and please correct me if I am wrong -- this

08:16:38 type of research stuff demographically in order to make sure

08:16:41 what's the best place to site a -- site a particular school

08:16:46 and the basis truly about that, not about whether or not it

08:16:49 should be zoned in a particular area.

08:16:51 >> That's not the basis for what I did.

08:16:55 I was given an address and told to do interviewing, within a

08:17:03 five mile radius of that address, and I did.

08:17:06 >> And that goes directly to my point, which is you are

08:17:08 doing a statistical analysis based on the respondents and

08:17:14 what your client asked you to do which is, hey, find out in

08:17:17 a five mile radius how many people want a school that has

08:17:21 some type of academics.

08:17:22 >> Yes.

08:17:24 The point was --

08:17:27 >> I didn't ask for a question. I apologize.

08:17:31 If you could just move away for second.

08:17:34 Ms. Cole, now, you know, we were just told about this

08:17:39 research, this, you know, study.

08:17:43 Based on legal fact, I mean, zoning -- and this is something

08:17:47 that a lot of folks don't understand, that the number of

08:17:50 people that are here, the number of people in the hallway,

08:17:53 any research document really doesn't come to the actual

08:17:56 reasons why we can approve or disapprove any kind of zoning.

08:18:00 Is that correct?

08:18:02 >>JULIA COLE: Legal department.

08:18:03 As you heard me say on many occasions --

08:18:06 >> I would like --

08:18:08 >> It's not one of the items within your comprehensive plan,

08:18:12 nor is it within your Land Development Code which provides

08:18:15 an opportunity for to you make a decision on.

08:18:20 They certainly have a right to put whatever evidence they

08:18:23 want in the record.

08:18:24 It's their case to make.

08:18:26 But as relates to school is not really a question in front

08:18:28 of you.

08:18:29 The question is, as you look at any land development

08:18:32 decision, most specifically this one because it is a school,

08:18:37 this request is consistent with the comprehensive plan, does

08:18:41 this request meet your land development criteria, your PD

08:18:45 criteria?

08:18:46 So these are really the issues that are in front of you.

08:18:49 But again this applicant has the rate to put on whatever

08:18:52 evidence they feel is appropriate for their case.

08:18:53 So I don't want to feel like I'm cutting them off, but that

08:18:57 is not part of your analysis, but you heard me advise you

08:19:01 on.

08:19:01 >> Well, it's not you that cut him off, it's actually me.

08:19:06 That's why I brought that up.

08:19:07 >> I'm not bringing this up --

08:19:09 >> I appreciate you bringing this up, and I appreciate the

08:19:11 fact that you are a professional and you brought this study

08:19:15 forward.

08:19:16 So thank you very much.

08:19:18 >>CHARLIE MIRANDA: Any other questions, council members?

08:19:20 I have a few that just popped into my mind.

08:19:25 It says, my name is so-and-so, and were they actually a

08:19:30 person, or is that a recording, punch one, punch four, punch

08:19:33 six?

08:19:34 How is that done?

08:19:35 >> Oh, it was interviewers.

08:19:38 We have interviewers, and I designed the questionnaire, and

08:19:42 we did the sample, and then we trained the interviewers on

08:19:45 the process.

08:19:47 It's called a KADY system.

08:19:50 They all have computers in front of them with the question,

08:19:53 and the computer dials the number, and when someone picks

08:19:55 up, the computer dials and gives it to them immediately.

08:19:59 There's no delay.

08:20:00 And they conduct the interview.

08:20:05 The interview.

08:20:08 >>CHARLIE MIRANDA: I am just going to say, 253,000, did you

08:20:11 600 of the 253.

08:20:13 You know what size the City of Tampa is?

08:20:16 350.

08:20:16 >> Well, sir --

08:20:19 >>CHARLIE MIRANDA: You had the floor, I kept quiet.

08:20:20 >> I understand.

08:20:23 >>CHARLIE MIRANDA: I'm chairman.

08:20:23 I have the floor.

08:20:25 Give me the same respect.

08:20:26 >> I do.

08:20:27 >>CHARLIE MIRANDA: That's all.

08:20:28 600, 253,000, would be about 2.5%.

08:20:34 Give or take a few thousand.

08:20:39 .025%, in my mind, multiply tens.

08:20:45 So that means that the preponderance of the people that were

08:20:52 surveyed don't live close to this area.

08:20:55 What I want to know, if you are going to present something

08:20:57 to me, anyway, I can't tell you about other council members,

08:21:00 and you say, I surveyed the most important people, those

08:21:05 that will be affected, long-term.

08:21:07 And let me tell why I said that.

08:21:11 There's three schools in Tampa, in my district, six, Dale

08:21:17 Mabry elementary, Coleman middle school and Plant High

08:21:21 School.

08:21:22 There's also streets that border them called Manhattan,

08:21:25 Lois, and Estrella.

08:21:28 And guess what.

08:21:29 Can't get near the school in the AM time.

08:21:33 And in that area, even in the p.m. time.

08:21:38 And I understand what was brought up by the fine attorney

08:21:41 that you good folks hired, Winter Haven, I believe was the

08:21:46 city.

08:21:47 But you know there was another school in Tampa called Tampa

08:21:51 cath Rick, a fine high school.

08:21:53 That started only as a girl's school.

08:21:55 Then it became a boys' and girls' school.

08:21:58 At that time way back in history 40, 50 years ago, guess

08:22:01 what, there were supposed to be no lights, no football

08:22:04 activity, to some degree.

08:22:05 Guess what you have now.

08:22:07 Football activity and lights.

08:22:10 So I'm just letting you know that things do change, the

08:22:16 presentation that you present has changed.

08:22:19 And I am going to tell you, I know there's a court reporter

08:22:23 and so forth.

08:22:24 I have never sat through a hearing where the first words out

08:22:26 of a petitioner's mouth is to tell me why I can't vote

08:22:30 against this, that I have to vote because of Duke Snyder --

08:22:36 I guess that's the only Snyder I know that played center

08:22:39 field for the Dodgers -- involved in these decisions.

08:22:42 I don't know anything about the Snyder 93 report nor do I

08:22:45 care to know about the Snyder 93 report.

08:22:48 I just want to know what's the benefit for the neighborhood.

08:22:52 Why should we approve it, not why we should not be able to

08:22:56 approve it.

08:22:57 And that's all I have got to say.

08:23:00 So I can't respond to some of the things.

08:23:02 But I can respond to the 600 interviews.

08:23:07 If you look at the Suffolk county role in New Hampshire that

08:23:11 research America, and we did 500 enter views every single

08:23:16 night, you see that we got within 1.5 percentage points of

08:23:20 every single --

08:23:25 >> There is a difference in political polling than there is

08:23:30 in realistic polling.

08:23:31 Do you agree?

08:23:32 >> I do, sir, but many of the companies that hire me spend

08:23:35 millions and millions of dollars on advertising based on

08:23:37 what I tell them, and I have grown my company, and just over

08:23:42 two and a half years ago for a lot of money.

08:23:44 >> I'm glad you did.

08:23:45 >> I believe in this.

08:23:46 >> But let me explain that.

08:23:47 Political polling can be today on top, make one mistake,

08:23:52 and --

08:23:53 >> I understand that.

08:23:55 That's why we do the polls at night, to see if there's --

08:24:01 >>CHARLIE MIRANDA: I understand.

08:24:02 Thank you very much.

08:24:02 >> I just get passionate when you question the validity of

08:24:05 our polls.

08:24:06 >>CHARLIE MIRANDA: I have the floor.

08:24:07 >> I feel like you are --

08:24:10 >>CHARLIE MIRANDA: If you continue speaking, I don't want to

08:24:12 be disrespectful to you.

08:24:14 >> I have to tell you -- you were disrespecting our company

08:24:19 and I didn't like that.

08:24:20 >>CHARLIE MIRANDA: Well, I'm sorry you didn't like that but

08:24:23 that's a fact.

08:24:23 All right?

08:24:24 Thank you.

08:24:24 >> Anything else?

08:24:26 >>CHARLIE MIRANDA: That's it.

08:24:27 Any other questions, council?

08:24:32 >>YVONNE CAPIN: I was looking at the numbers referred to in

08:24:33 the back and I am just going to refer to this.

08:24:35 I understand that this is a study you all ordered and

08:24:39 brought forth, and what I want to know is if the people that

08:24:47 were closer to the affected area, the area of this proposed

08:24:54 school, was it weighted, or was it considered the same as

08:25:03 the people that live five miles away?

08:25:06 >> As you can see, the population figures within the five

08:25:09 mile radius, we did the sample and then as we got them

08:25:14 within the 600, and you will see that 106 were less than two

08:25:17 miles, 307 within two to four, and 100 -- my eyes are going

08:25:25 now -- between one and five.

08:25:28 And you can see that 55, 66% in less than two miles.

08:25:37 Overall it was 68.

08:25:38 I told you there was variations within some questions.

08:25:41 And this is why we showed you this one, because it was a

08:25:43 larger variation here.

08:25:45 So if you go to the two to four, you will see off the charts

08:25:51 and then the four to five is about what the average was.

08:25:57 >> So it was all considered the same?

08:26:03 >> Well, percentagewise, yes.

08:26:06 The sample we pulled, we got within each area.

08:26:11 >>YVONNE CAPIN: Okay.

08:26:12 Thank you.

08:26:13 >>CHARLIE MIRANDA: Any other questions by council members?

08:26:15 Thank you very much, sir.

08:26:16 >> Thank you.

08:26:17 >>CHARLIE MIRANDA: Start the clock, you have other

08:26:18 presentations.

08:26:19 >> I'm Michael Horner, Tampa, representing applicant.

08:26:44 I have been sworn.

08:26:46 Mr. Chairman, I don't know much about statistics.

08:26:49 You are not going to hear anything from me regarding valid

08:26:51 or invalid as far as the representation.

08:26:54 What I do know is that we have worked diligently on the

08:26:58 project with staff, with reviewing agencies, and the

08:27:02 Planning Commission, with Ms. Bryson.

08:27:05 We commend them for their patience, in working with us.

08:27:09 It's not been an easy task.

08:27:11 They held our feet to the fire.

08:27:13 We filed a number of iterations.

08:27:15 I think Mrs. Bryson, our landscape architect, arborist, went

08:27:19 to the site three or four times. We take great pride, the

08:27:25 petition has been filed, the great plans, the plans have

08:27:29 been prepared before you this evening.

08:27:31 If I can have my presentation package handed out, Mr.

08:27:36 Summerville, it may assist in my brief presentation.

08:27:41 How much time do you show?

08:27:43 >>THE CLERK: 11 minutes 39 seconds remaining.

08:27:51 >> I'll speak as fast as I possible can. Mr. Chairman, we

08:27:55 have worked very hard on this case, as I mentioned. This is

08:27:55 a request for the PD planned development from a PDA which

08:28:00 Ms. Feeley went through the details of.

08:28:06 The daycare center, child care development center as well as

08:28:07 a charter school.

08:28:16 This parcel is subject to prior PDA review regarding a

08:28:18 church, accessory use daycare, as well as multifamily units.

08:28:22 And we are seeking only those uses requested as part of this

08:28:25 application, obviously no multifamily residential units.

08:28:28 The church here. The daycare with residential support here.

08:28:46 These are uses that relate, are compatible with and serve

08:28:48 the abutting neighborhood.

08:28:55 They do not generate trips. They do not generate traffic.

08:28:57 Nobody wakes up in a school and starts their day. They

08:28:59 attract trips that are already to that specific site, the

08:29:02 location, whether for a church trip, daycare school trip, or

08:29:05 a charter school trip.

08:29:09 It is our opinion that this site is uniquely appropriate and

08:29:13 compatible with the intends willed use, based on the

08:29:17 proximity of the road network.

08:29:22 A two-lane and four-lane divided highway.

08:29:25 We have Tampa Boulevard to the north, we have a fly-over

08:29:30 being proposed in the fall 2013.

08:29:33 We also have Bruce B. Downs to the east under construction.

08:29:39 Also because of the extensive natural wooded buffering that

08:29:42 exists.

08:29:42 We are not encroaching in any of the wetlands.

08:29:45 We are not encroaching in the natural wooded areas that are

08:29:47 protected.

08:29:48 Therefore, this neighborhood, the abutting neighborhood, and

08:29:52 rest assured we will not have any negative impact on the

08:29:54 environment beyond what the narrow footprints and the

08:29:58 parking provides for.

08:30:01 Thirdly, we are next to single-family developments, not

08:30:05 directly abutting, not across from, but in the immediate

08:30:10 neighborhood, those are the schoolchildren that we think

08:30:17 will be certainly in a better position to have a choice

08:30:19 about what school they attend.

08:30:21 We would like to be a choice in an application for

08:30:27 consideration for their schoolchildren.

08:30:31 Highwoods Preserve Parkway helps members have sidewalks,

08:30:35 linear at T intersection, new Tampa Boulevard, there's

08:30:39 turning lanes that we share, turning lane in new Tampa

08:30:44 Boulevard.

08:30:44 We have landscape, trees throughout the Boulevard.

08:30:48 It's an appropriate, desirable area, and conducive for this

08:30:52 specific site plan.

08:30:54 If I could go to the graphics briefly.

08:30:56 Mrs. Feeley went through the aerial photograph.

08:31:08 This is our site here, council members.

08:31:10 This is Highwoods Preserve Parkway.

08:31:12 We have three pockets of neighbors, neighborhoods.

08:31:16 There's stone ridge to the east.

08:31:20 Danford in place to the south and the prominent town homes

08:31:23 to the north northwest.

08:31:24 You will note that on this relationship, this is all

08:31:30 wetland, cannot encroach or impact.

08:31:34 We have no abutting single-family houses with the exception

08:31:38 of one house next to a recreational park.

08:31:45 Look closer at the enlarged photo, council members.

08:31:49 This is our project site, 17.24 acres.

08:31:52 This is Highwoods Preserve Parkway.

08:31:55 Here is the Promenade town homes.

08:31:57 The yellow line is the actual jurisdictional line, little

08:32:00 dotted loon that extends through here, all of this area,

08:32:05 isolates us, separates us from those town homes, and again

08:32:08 there's no single-family homes to the north, no

08:32:11 single-family homes to the east, and primarily to the south

08:32:16 there's only one house that's tangent and to the south

08:32:19 property line.

08:32:21 Briefly, council members, this is the West Meadows plan.

08:32:25 This is our site, one of our multifamily tracks, although we

08:32:29 still have to be approved for the church and the daycare.

08:32:33 This is Highwoods Preserve Parkway here.

08:32:36 By comparison, this is the park elementary school site.

08:32:40 17 acres.

08:32:42 We are 17 acres.

08:32:48 One to the north on Tampa Boulevard.

08:32:52 This to the south.

08:32:55 In contrast with our proposed site plan you can see all the

08:32:58 platted single-family detached single-family homes directly

08:33:02 abutting park elementary.

08:33:03 I think 700 students, capacity of 925, 950 students.

08:33:07 This is a dead-end road.

08:33:10 This is a cul-de-sac, ours is a collector.

08:33:18 The site plan, council members, was proved by this body in

08:33:21 2001.

08:33:22 I know Tampa City Council approved in 2001.

08:33:27 This is the year, essentially shows access points consistent

08:33:32 with ours, it reflects the jurisdictional areas, and then

08:33:36 blank space, development standard, performance standards

08:33:40 required.

08:33:41 What are those standards?

08:33:45 Let's compare.

08:33:47 We are up in U-6, one of the most intense you've categories

08:33:51 in the City of Tampa.

08:33:54 Excuse me, suburban areas.

08:33:55 PDA to PD, we are 17.2 acres.

08:33:59 The FAR approved on that prior PD was .50.

08:34:04 We are proposing a .09 floor area ratio. In terms of the

08:34:09 number of the degree of setbacks, 20 feet, 10 feet and 40

08:34:15 feet.

08:34:15 Mrs. Feeley outlined with you our site plan in excess of

08:34:18 100, 150, 250 to 400 feet.

08:34:22 Substantially further away from single-family residences.

08:34:28 In terms of lot coverage, the PD plan is approved with the

08:34:32 40% lot coverage, what is lot coverage?

08:34:35 Building footprints, occupy displacing land area.

08:34:39 The higher the floor area coverage or higher the land

08:34:43 coverage the more building intensity.

08:34:46 The approved was .4, 40%.

08:34:48 We are at 5.3%.

08:34:50 So if you look at our percentages versus what was approved,

08:34:54 a much less intensive development.

08:34:57 Here is the site plan, council members.

08:34:59 You have that in front of you.

08:35:01 Here is all the jurisdictional lines, shaded, separating

08:35:05 from prominent town homes, their buffer to their property

08:35:10 line, then we have our wetland, then we have our backyard,

08:35:14 natural wooded area, then we have our improvements.

08:35:16 This is phase one for the school.

08:35:19 650 students.

08:35:20 This is phase two, 325 students.

08:35:25 This is the third phase, daycare center, approximately

08:35:27 10,000 square feet.

08:35:29 We show on the site plan 352.

08:35:32 We know that we cannot achieve that.

08:35:34 That's why we are willing to amend the 250 --

08:35:42 >>LISA MONTELIONE: The 325 students in phase two, that from

08:35:45 what I understand from the petitioner, that's being

08:35:47 withdrawn?

08:35:48 >> Yes, ma'am.

08:35:50 >>LISA MONTELIONE: Okay.

08:35:53 >> We move to the next graphic.

08:35:55 This is the plan before you which removes that phase two

08:35:58 entirely.

08:35:58 So wave phase one.

08:36:01 And the daycare center.

08:36:02 The blue is the retention pond.

08:36:04 Same access, the line of proposal, City of Tampa's

08:36:08 mitigation requirements, and we split the ingress-egress

08:36:11 within two separate restricted access points.

08:36:15 The retention areas.

08:36:16 We have a recreation area here, and then a handball,

08:36:21 basketball court on the south side, 'n an extensive screen

08:36:25 proposed on the south side to mitigate any view loss.

08:36:31 In terms of parking, why the parking concern expressed at a

08:36:37 prior meeting, that is noted in the record.

08:36:40 We meet the park requirements of your code both in the

08:36:46 daycare and the school.

08:36:49 In phase two we clearly exceed the requirements.

08:36:52 And even for those special events, occasions, assembles,

08:36:56 program alerts, if we have to have evening meetings, we have

08:37:00 additional opportunities for parking on this site as well as

08:37:04 using the daycare and evening hours, and 204 parking spaces.

08:37:08 So 88 exceeds the school, 40 exceeds by a factor of two in

08:37:15 the daycare, and then we have 204, an opportunity that far

08:37:19 exceeds the minimum for standards.

08:37:24 A lot of people come in, a lot of people get out as far as

08:37:27 queuing.

08:37:28 We have a circuitous double tiered system which tiers both

08:37:34 vehicles in single lanes for both pickups and drop-offs, and

08:37:39 will have approximately 1921 linear feet.

08:37:42 What does that equate to?

08:37:44 20-foot average length for car, allows for 96 vehicles.

08:37:50 These are the elevations, council members.

08:37:52 Attractive.

08:37:54 We believe compatible.

08:37:56 Design standards throughout with the West Meadows community.

08:38:00 Your staff accepted those, and found them favorably.

08:38:06 This is a generic elevation, one story and pitched roof.

08:38:14 Council members, I would like to close by saying this

08:38:18 petition has been scrutinized by the Planning Commission and

08:38:21 the Land Development Code staff, all the review agencies,

08:38:25 landscaping, solid waste, the whole stormwater management

08:38:29 system.

08:38:30 You look at the bubble plan approved in 2001 versus our

08:38:34 detailed plan and engineering, we far exceed the

08:38:37 requirements.

08:38:39 Wave findings of consistency with all relevant applicable

08:38:42 regulatory review criteria.

08:38:44 That concludes my presentation.

08:38:45 Thank you.

08:38:46 >>HARRY COHEN: Thank you very much.

08:38:48 Are there any additional questions from council members?

08:38:52 Mr. Suarez.

08:38:52 >>MIKE SUAREZ: Thank you for the presentation, sir.

08:38:55 You just mentioned on the queue there's 96 vehicles that

08:38:59 would be in that queue meaning on-site, correct?

08:39:03 >> Right.

08:39:06 >>MIKE SUAREZ: What does the traffic -- say about vehicles

08:39:09 on Highwoods Preserve Parkway in terms of the -- I guess

08:39:13 would you say the north-south entranceway, meaning you are

08:39:18 going to have a light right here at stone view drive, I

08:39:21 believe, correct?

08:39:24 So let's say there is a light.

08:39:26 It doesn't look like there is one there now.

08:39:28 You are going to have a stacking lane.

08:39:30 That stacking lane looks like it's got double lane stacking

08:39:34 that would be turning into your property.

08:39:36 Is that correct?

08:39:37 >> That's correct.

08:39:37 >>MIKE SUAREZ: Dawn what that queue is on that stack?

08:39:42 >> About 175 feet plus or minus.

08:39:44 >> 175 feet which translates to about how many vehicles

08:39:48 based on --

08:39:49 >> Nine cars.

08:39:50 >> Nine cars, okay, and that's probably four feet --

08:39:58 >> Well, with a single left turn lane.

08:40:01 >> Oh, it's only a single left turn lane.

08:40:03 I apologize.

08:40:04 So let's say you got nine cars.

08:40:06 Is there going to be, based on the size of your project, a

08:40:10 backup onto highwoods appraise serve parkway in either

08:40:15 direction?

08:40:15 >> We don't believe so.

08:40:16 >> You don't believe so?

08:40:18 >> Not at all.

08:40:19 >> In terms of -- it's not meantimes I get a laugh out of

08:40:25 something I said.

08:40:26 Well, let me finish, Mr. Horner.

08:40:28 I want to ask you, in terms of the way that -- obviously

08:40:35 when you plan something like this, lawyering at how children

08:40:37 are going to get to school.

08:40:39 All right.

08:40:39 Now if I am correct we do have sidewalks on Highwoods

08:40:48 Preserve where the school is located, correct?

08:40:52 No?

08:40:52 I assume that is correct.

08:40:53 I am asking you, not the audience.

08:40:55 >> The answer collectively would be the correct answer.

08:40:58 >> Okay, so terrific.

08:41:00 So -- I know that -- that you are not going to connect it

08:41:07 all the way up to new Tampa Boulevard and probably not all

08:41:12 the way into where the children might be.

08:41:15 >> Well, actually, we have our property all the way --

08:41:20 >> But that portion of it.

08:41:31 I say this from experience and one of my children goes to a

08:41:37 program in East Tampa, and takes very difficult egress and

08:41:41 ingress of cars and everything else.

08:41:46 In my mind, there tends to be a situation where there's a

08:41:53 safety issue concerning walking along the road when there's

08:41:56 so many cars coming back and forth.

08:41:58 And believe me, if you have got any children, Mr. Horner,

08:42:01 now people do some stupid things when they are trying to

08:42:04 drop their kids off or pick them up in terms of going the

08:42:07 wrong way.

08:42:08 And for me, I look at the plan, and I just want to make sure

08:42:12 that, you know, that safety is tantamount in terms of what

08:42:18 your plan includes.

08:42:19 That's a lot of vehicles.

08:42:21 And both on the a.m. and p.m. time frames that you can look

08:42:25 at, unlike other schools that are in the city, there are

08:42:30 many ways to get in and out.

08:42:31 And the school that I was talking about does if not have

08:42:36 that luxury either.

08:42:37 It's built more like this one is in terms of only a few

08:42:41 places that you can actually go in and come out, or actually

08:42:44 two places, excuse me.

08:42:48 What other parts of your plan are going to include safety

08:42:51 for pedestrian students that are going to be walking in?

08:42:57 Secondly, what other safety concerns or safety plans do you

08:43:00 have as part of your plan to make sure that, now, we are not

08:43:07 going to have a lost accidents over here.

08:43:08 I know that's not part of it because you don't control the

08:43:11 freeway or -- excuse me, the streets.

08:43:13 But I do want to know, when you are siting something like

08:43:18 this what thought goes into it when you are looking at this?

08:43:21 >> I want to assure you, no one has a greater concern for

08:43:28 the safety of its students than my client.

08:43:31 And as a result of that concern -- and I might add developed

08:43:37 Channelside high school which is an urban area surrounded by

08:43:40 thousands of dwelling units, they have also finished the K-8

08:43:45 charter school in the fish hawk ranch area.

08:43:47 Fish hawk development is almost the exact same replica of

08:43:51 this proposal, same size, same footprint, expansion program,

08:43:55 same income level, same schools.

08:44:00 I say that because we have a benchmark and analysis

08:44:03 opportunity, but we have videotapes, we have filmed, we have

08:44:06 been out there and we have scaled those, and field verified.

08:44:15 We have looked at the operating characteristics of that

08:44:17 school, applied them to this school.

08:44:19 We will be meet that contribution for the traffic signal

08:44:24 when those warrants are met.

08:44:26 We also have sidewalks constructed.

08:44:28 We'll we will also have crossing walkways.

08:44:30 We will also have a requirement for speed control zone.

08:44:34 Highwoods parkway, preserve parkway is a two lane road, so

08:44:38 it will have a curve to the.

08:44:40 When I was out there, there was a no posted speed

08:44:43 requirement, I had people tailgating me so it's a strong

08:44:46 concern for my clients to have.

08:44:47 We will probably have crossing guards with a flashing light

08:44:51 signal.

08:44:51 So all of those efforts go into achieving a safe ingress and

08:44:56 egress for these students.

08:44:58 We want to cater to the walking community.

08:45:00 What a shame, this is a walking community with a school with

08:45:06 sidewalks and landscaping and the parents say, we don't want

08:45:10 walk our kids, those kids don't walk.

08:45:12 We believe this is going to have the adequate safety

08:45:14 measures in place, Mr. Suarez, that would be conducive to

08:45:17 allow that cross.

08:45:18 >> Can charter associates is your client that is -- -- I

08:45:29 apologize.

08:45:31 Will run the school.

08:45:32 Now, is charter associate a private or nonprofit

08:45:37 organization?

08:45:37 >> I have Mr. Straiter here to answer all those questions.

08:45:42 >> I didn't many to give you a question that you could not

08:45:45 answer.

08:45:45 Thank you, Mr. Horner.

08:45:47 I appreciate it.

08:45:53 >>CHARLIE MIRANDA: Thank you very much, sir.

08:45:53 You are concluded?

08:45:55 Thank you very much.

08:45:56 Next presenter?

08:45:57 >> One more speaker.

08:45:58 >> Does he have any minutes left?

08:46:02 >> I don't know.

08:46:03 >> I stopped the timer when he said he was concluded.

08:46:07 We have about one minute two seconds remain field goal he

08:46:10 wants to continue.

08:46:14 >>CHARLIE MIRANDA: You look smart enough.

08:46:15 >> Libby Rodriguez, 4846 Trinidad Drive, Land O' Lakes,

08:46:19 Florida.

08:46:19 I did the traffic study per the methodology that the city

08:46:23 provided me.

08:46:25 It was approved.

08:46:26 We agreed upon mitigation.

08:46:28 I need to say that another consultant, Randy Coen, submitted

08:46:31 kind of a critique of my traffic study, and I need to say

08:46:36 that my study as required by the city was signed and sealed

08:46:39 by a professional engineer.

08:46:41 His critique was not.

08:46:43 Per section 61-G-15-23.002 of the Florida administrative

08:46:49 code, since it isn't signed and sealed, it is not competent

08:46:57 substantial evidence.

08:46:58 House Bill 7207 has changed concurrency.

08:47:00 I don't think that we wanted to say earlier that it was

08:47:03 gone, but it's changed here in the city.

08:47:08 First, it says that concurrency is not a pass or fail thing.

08:47:13 In other words, if we did fail concurrency, not saying that

08:47:18 we did, our project isn't gone, we simply mitigate.

08:47:23 (Bell sounds).

08:47:28 >>CHARLIE MIRANDA: I'll let you have another 30 seconds.

08:47:30 >> 3207 also says we are not responsible for -- you are

08:47:35 going to hear a lot about existing and back traffic.

08:47:38 We don't have to mitigate for that because we didn't

08:47:40 generate it and that's what 7207 says.

08:47:44 Some of these existing concerns are temporary because of the

08:47:48 construction.

08:47:51 The daycare and schools don't produce any new trips.

08:47:54 They are just moving around trips that are already on the

08:47:57 road, because we are not making new children who are going

08:48:00 to go to school or daycare.

08:48:02 Those children --

08:48:04 >>CHARLIE MIRANDA: You are not?

08:48:05 >> No.

08:48:06 [ Laughter ]

08:48:08 I have five.

08:48:10 But, anyway, we are not making new kids.

08:48:15 Those kids are already going to school.

08:48:17 And the citizens, when weighed our meeting, were saying,

08:48:22 yes, they are already going to school, the trips are already

08:48:25 on the road, but they are not in our area.

08:48:27 So I think that's the reason we committed that we had that

08:48:33 survey done, to see if there was a market in that zero to

08:48:37 two mile range for our study.

08:48:41 (Bell sounds)

08:48:42 I am going stop talking and you can ask questions.

08:48:46 >>CHARLIE MIRANDA: Thank you.

08:48:46 Mrs. Capin.

08:48:48 >>YVONNE CAPIN: You brought up the survey.

08:48:53 Again, the gentleman did not answer my question when I asked

08:48:55 about -- the closer that it was to that school.

08:49:01 He did not answer the question.

08:49:04 And when he did answer it came out that it was all

08:49:08 considered the same.

08:49:10 And it is not the same five miles from the school as opposed

08:49:14 to one and a half, two miles from the school.

08:49:17 So you brought it up.

08:49:19 And I just wanted to make that comment.

08:49:22 It's a good thing that this is not part of what we need to

08:49:26 consider.

08:49:28 Thank you.

08:49:30 >>CHARLIE MIRANDA: Any further questions by council members

08:49:31 at this time?

08:49:33 Ms. Montelione?

08:49:35 >>LISA MONTELIONE: Libby, you had stated that we could not

08:49:39 consider background traffic, 7207 eliminated the developer's

08:49:45 responsibility for mitigating the traffic that's already

08:49:48 existing.

08:49:49 What you refer to as background traffic.

08:49:52 The daycare center which would be phase three?

08:49:57 Anyway, the daycare center.

08:50:01 The daycare sent worry also generate traffic.

08:50:03 So was that considered background traffic?

08:50:11 >> I went fast because I was low on time, but when we did

08:50:15 traffic study, there's project traffic which is anything by

08:50:19 our whole site.

08:50:20 That would be the school and the daycare.

08:50:22 And then background traffic is everybody else's traffic.

08:50:26 And then that equals total.

08:50:28 And we la at the whole thing.

08:50:29 But then when it comes back to mitigation, we only mitigate

08:50:33 for ourselves, because that's what the law says.

08:50:38 >> In the short little time that you had, you told us a lot

08:50:43 about what the state law says that your study did not have

08:50:48 to consider.

08:50:51 Can you tell me -- because I don't have the traffic study as

08:50:55 part of my packet here -- for Mr. Cohen's review, whether it

08:51:00 is or is not applicable.

08:51:04 Could you tell me what the ramifications of putting this

08:51:10 development on this site are, to the traffic that is

08:51:16 existing?

08:51:17 >> Yes, we basically worked out a methodology with the city,

08:51:20 and basically, you know, looked in detail at the

08:51:23 intersection of Highwoods Preserve and Tampa Palms, and then

08:51:29 also looked at the intersection of highwoods and Bruce B.

08:51:33 Downs, because the intersections are kind of indicative of,

08:51:37 now, what's going on with the overall network, because

08:51:42 that's where you experience delay, the highway capacity

08:51:48 manual says that the level of services is kind of dictated

08:51:54 by level services at intersections, so that's where we la in

08:51:58 detail.

08:51:59 So we found out that the highwoods Tampa Palms intersection

08:52:03 is operating at an acceptable level of service, but that the

08:52:09 hey woods Bruce B. Downs unit section is operating at

08:52:12 level -- no surprise, and that's why we had to mitigate,

08:52:18 because, you know, we were asked to study highway preserve

08:52:24 at Bruce B. Downs and it's operating at level of service,

08:52:27 and we are contributing at traffic at that intersection,

08:52:30 it's not very much traffic, but we agreed to mitigate, and

08:52:32 so we are paying for half that signal at stone view when

08:52:40 it's warranted.

08:52:40 >> The level of service, you said it was -- do you know what

08:52:48 the level of service is?

08:52:49 >> I have it.

08:52:50 It's B or A.

08:52:53 I think it's A.

08:53:03 It's B, actually.

08:53:07 >> And what would it be after this project?

08:53:09 >> That's with and without the project traffic.

08:53:12 So it doesn't change.

08:53:13 >> But it gets worse.

08:53:18 >> They don't do plus and minus, so I'm saying to

08:53:23 illustrate, like, in other words, B is -- I am going to make

08:53:34 these numbers up.

08:53:34 But like 20 to 30 second of delay.

08:53:36 And so maybe there would be 20 second of delay without it

08:53:40 and 25 with the project, but when you do your analysis --

08:53:46 and I'm not familiar with traffic analysis for schools in

08:53:50 particular, but when you do your analysis, do you adjust for

08:53:56 events at the school, or are you just looking at the numbers

08:54:01 of students and the number of faculty to create the number

08:54:05 of trips?

08:54:06 Because I know, I mean, my son is 22.

08:54:09 I don't like to admit that.

08:54:15 -- but I was a P-K volunteer and I know that there are many

08:54:21 other individuals who are at a school, as far as social

08:54:28 workers, as far as codes, and, yes.

08:54:33 >> That's a good question.

08:54:34 Because that comes up a lot with all different types of land

08:54:37 uses.

08:54:38 What we all use -- and this is dined of a national standard,

08:54:41 and you guys can probably -- but ITE, institute of

08:54:47 transportation engineers, trip generation manuals, and that

08:54:52 what that is, transportation planners and traffic engineers

08:54:55 all over the country when they do count with, when they do

08:55:02 those counts, they submit them to kind of help ITE, sample

08:55:06 sizes and everything.

08:55:07 And so what you get is just counts from all over.

08:55:13 So, in other words, they put those tubes across the

08:55:16 driveway, and then, you know, those are kind of run over at

08:55:20 a variety of different schools.

08:55:22 Now, ITE devised types of land uses by category.

08:55:27 So we used the K-8 category, and so across the country, you

08:55:33 know, traffic professionals have been counting, you know,

08:55:40 these K-8 schools, and so if different people were coming

08:55:46 and going and making deliveries and PTA people at different

08:55:50 meetings on the dates when those were counted, then they are

08:55:53 in there, and if there weren't any extra activities on the

08:55:58 dates when those were -- you know, it's probably pretty

08:56:04 good.

08:56:05 There's different sample sizes in ITE.

08:56:08 And if you have a lot of facilities that get counted, then

08:56:13 you get better numbers and so forth.

08:56:15 You know, but it probably averages out pretty good, now,

08:56:19 from counting all those schools.

08:56:23 >>CHARLIE MIRANDA: Any other questions by council members at

08:56:24 this time?

08:56:25 Thank you so very much.

08:56:26 Appreciate it.

08:56:29 Now, that concludes this portion of the presentation by the

08:56:32 petitioner.

08:56:33 Now we are going to listen to the other side and then we are

08:56:39 going to ask for public comment.

08:56:40 So now we bring up the individuals who are representing

08:56:47 those that are in the audience today.

08:56:48 >> Brad Van Rooyen.

08:56:58 I have been sworn in. I reside at 18902 Duquesne drive,

08:57:03 Tampa.

08:57:04 I do have this form designating additional time.

08:57:09 >>MARTIN SHELBY: There are seven names on the list.

08:57:19 If you are here, please raise your hand.

08:57:23 Drew Grosso.

08:57:26 Albert Rotiano.

08:57:29 I don't know if that I have correctly.

08:57:31 Barbara Hargrave.

08:57:35 Barbara Hargrave, thank you.

08:57:37 Irwin Schuster.

08:57:40 Did I have the name correctly?

08:57:43 Schuster?

08:57:44 Last name?

08:57:46 Julie Riggs.

08:57:50 Melvin Files?

08:57:55 And Cindy Parmenter? Thank you.

08:57:59 Ten minute total, please.

08:58:05 >>CHARLIE MIRANDA: Proceed.

08:58:05 >> I'm a resident of West Meadows and have served as the

08:58:08 president of the homeowners association for the past two

08:58:11 years. I was first approached on this issue back on October

08:58:11 6th.

08:58:22 The rezoning notice that was mailed out to the homes in the

08:58:25 proximity that is required. That there was going to be a

08:58:27 public hearing, I guess the first one on November 10.

08:58:38 If you can imagine the initial reaction from those

08:58:40 individuals that received the notice, what's going on here,

08:58:45 this was the first time anybody had heard.

08:58:49 Development coming to this property.

08:58:51 We all knew this property -- it was developed.

08:59:00 I agreed to do a little bit of looking into what was going

08:59:03 on.

08:59:04 And when I started looking into the rezoning, I was pretty

08:59:09 surprised at the large scale of the school.

08:59:12 I would have thought that given the potential impact to the

08:59:14 community that the developer would have made an attempt to

08:59:18 contact the community in the earliest stages, not by form of

08:59:24 notice 30 days before the first hearing.

08:59:32 The initial request of the zoning office was I was

08:59:36 approached by the applicant to discuss the development

08:59:39 coming to the site.

08:59:51 Those two areas affect bid this proposed rezoning.

08:59:58 We have since heard from the applicant, made a presentation.

09:00:00 We engaged in some light question and answer at that initial

09:00:05 informal discussion.

09:00:09 The communities decided, because of the size of the project

09:00:16 and the lack of experience we have when something comes to

09:00:18 rezoning, what do the different terms mean?

09:00:21 We decided to engage -- our main goal was to make sure that

09:00:31 we did not -- we did not want to challenge anything or

09:00:48 everything without merit.

09:00:49 It was very important to us.

09:00:50 We wanted to come here tonight and make sure we had our

09:00:52 facts straight and that we knew what we were looking at.

09:00:57 At that initial meeting with the applicant, we decided that

09:01:00 it would be beneficial for the entire community.

09:01:04 They needed to present to the community at our expense, and

09:01:11 we put that meeting together.

09:01:13 We arranged for the mailed out the notices, ran out several

09:01:23 thousands of dollars just for that mailing, and had the

09:01:25 developer out, took questions and answers, and approximately

09:01:31 200-plus individuals showed up from the community, from the

09:01:36 mailing to hear the proposal.

09:01:39 It was clear from that meeting that the initial concern was

09:01:44 going to be how the traffic affected our community.

09:01:48 There was a lot of debate about the health and welfare of

09:01:56 the community, to increase traffic on two lane roads,

09:02:01 eventually into four lanes, essentially coming around and

09:02:06 was to come very close to the side of the road.

09:02:11 The other action was that why do we need another school in

09:02:15 the community when we already have operating schools

09:02:18 surrounding our community?

09:02:20 And then on that point, it's not really West Meadows, New

09:02:24 Tampa is opposed to charter schools, not at all.

09:02:28 We feel that other areas of Tampa with underperform schools

09:02:31 would be better served with a charter school.

09:02:33 We simply feel this is the wrong location for a project of

09:02:37 this size.

09:02:39 Had this development been slated for somewhere on Bruce B.

09:02:43 Downs, where there already is the ability to handle the

09:02:46 traffic flow, once the road is widened, right now the

09:02:51 traffic is a little questionable -- I don't think you would

09:02:53 have the community -- this is one of the first times they've

09:02:57 seen our community come together.

09:03:00 West Meadows is a large community.

09:03:02 A lot of people.

09:03:04 We are not really a social community.

09:03:06 We don't have functions at the pool that are prescribed by

09:03:10 the HOA.

09:03:11 We just get along.

09:03:13 The outpouring, those that came, it's the demonstration of

09:03:22 how we feel.

09:03:24 The association has expended time to approach this matter

09:03:30 from a legal and professional standpoint.

09:03:33 We want our guests to be credible and factual and speak to

09:03:37 the merits of the case.

09:03:40 And we asked the residents that are speaking tonight to

09:03:44 Taylor the comments to the city code and criteria, not on

09:03:47 some kind of some emotional reaction, gut reaction that they

09:03:53 are having at the moment.

09:03:54 We want a debate -- despite the large -- I know -- we want

09:04:05 the council to hear opposition.

09:04:07 And so we wanted to have the council hear our position.

09:04:12 We have retained Gina Grimes of Hill Ward Henderson, Randy

09:04:17 Coen consulting, to speak in our behalf.

09:04:20 In addition, you will also hear from one of our residents, a

09:04:27 charter school expert who will speak to the issues of the

09:04:29 existing schools in the area and the lack of charter

09:04:32 schools.

09:04:33 So thank you very much for your time.

09:04:34 We appreciate it.

09:04:37 >>CHARLIE MIRANDA: Appreciate it very much.

09:04:38 Thank you.

09:04:38 >> Randy Coen, 4121 West Cypress street.

09:04:48 I have been sworn. (Off microphone)

09:04:49 >> There are seven names. I'll do my best. Wave your hand

09:04:49 if you're here. Francis Mora. James Creuty. Ruth

09:04:49 Greenbaum. Andrew Conda. Carol Conda. Mary Ann Rodriguez.

09:04:49 Margaret Menke. Ten minutes, please.

09:04:53 >>GINA GRIMES: One housekeeping matter. Gina Grimes, Hill,

09:04:53 Ward and Henderson. I have been sworn. In that package of

09:04:53 materials, the first document is Mr. Coen's resume. He

09:06:52 testified actually regarding school traffic, so I would like

09:06:56 to offer him as expert testimony.

09:06:59 >>CHARLIE MIRANDA: Thank you very much.

09:07:00 Mr. Coen.

09:07:00 >> Thank you.

09:07:05 Gina, it's going to be a third of that information along the

09:07:11 way.

09:07:11 You have heard discussion of my letter of November 30th.

09:07:16 Let me get to that for a moment.

09:07:21 The folks asked me to attend both of the workshops that were

09:07:24 conducted by the applicant.

09:07:26 I ultimately agreed to do that.

09:07:28 I don't like to get into this sort of thing and operating on

09:07:32 this side of the fence, so to speak.

09:07:34 I rarely do it.

09:07:36 I went to both of the neighborhood meetings.

09:07:41 They asked me to review the traffic study that was

09:07:43 presented.

09:07:44 Their goal in reviewing the traffic study was really very

09:07:46 simple.

09:07:50 Was it an accurate traffic study?

09:07:53 I looked at it first with perspective of the study, and got

09:07:58 the study.

09:08:00 It's it extends from New Tampa Boulevard on the north to

09:08:05 Bruce B. Downs on the south, and this is an aerial that in

09:08:08 fact provides the study area.

09:08:13 Talking about that, and methodology, my job is not to do an

09:08:18 independent traffic study.

09:08:19 My job is not to correct their traffic study.

09:08:23 My job is simply to determine was their traffic study

09:08:26 accurate and adequate?

09:08:30 So two intersections were studied.

09:08:32 New Tampa Boulevard and Highwoods Preserve Parkway, Bruce B.

09:08:37 Downs, and Highwoods Preserve Parkway.

09:08:39 This area is basically their site.

09:08:41 These three circles are the driveways.

09:08:43 Two driveways on the north side and the daycare, the one

09:08:46 driveway here at stone view is for the school itself.

09:08:52 I reviewed the two intersections.

09:08:54 They only had to do the p.m. peak hours.

09:08:57 According to the methodology and the discussions that took

09:08:59 place -- and I have had extensive discussion with city

09:09:02 staff, I have reviewed the entire file that has been

09:09:05 provided.

09:09:06 Gina Grimes did a public information request to make sure we

09:09:09 saw everything in the file.

09:09:11 And what I can tell you is, they did the analysis on

09:09:15 the p.m. peak hour, they did it for the daycare, not for the

09:09:20 school.

09:09:20 School is out.

09:09:21 There isn't any school traffic in the afternoon.

09:09:23 So let's put that aside for a moment and deal with the study

09:09:26 itself.

09:09:27 Unit section of New Tampa Boulevard and highlands preserve

09:09:30 parkway.

09:09:31 Their methodology allowed and they chose to assume the

09:09:34 bridge over New Tampa Boulevard is in place.

09:09:36 Great.

09:09:36 Woman thing to do.

09:09:38 They decided that they build out 2016, couple years, three

09:09:43 years after that, bridge is constructed, everything is down

09:09:46 and fine.

09:09:48 The T traffic count here in August of 2011, they agreed that

09:09:53 they would go.

09:10:01 That's exactly what they did.

09:10:05 >>LISA MONTELIONE: Can I ask a question?

09:10:08 >>CHARLIE MIRANDA: Certainly, stop the time.

09:10:08 >> They did the traffic in August?

09:10:11 Is school in session in August?

09:10:12 >> School in -- that is something that I didn't bring up in

09:10:20 my analysis.

09:10:20 Dy Britt up in the letter.

09:10:21 The adjustment factor would be about favor percent.

09:10:24 >> That just caught my eye.

09:10:26 >> So here is my problem with the unit section analysis.

09:10:31 They distributed their traffic.

09:10:32 They have 15% of their traffic going to the west, and

09:10:37 presumably using the bridge.

09:10:40 Fine.

09:10:43 However, they did not assume what the bridge held and I do

09:10:51 not believe the city and county are building the bridge for

09:10:53 no one to use it.

09:10:56 So when we looked at that intersection, they came up with a

09:10:59 level of service C.

09:11:01 It was done inaccurately.

09:11:03 The problem is, what is the actual traffic on New Tampa

09:11:05 Boulevard with the opening of this bridge?

09:11:08 That information could have easily been found and there are

09:11:11 numerous studies regarding the bridge pro sections of

09:11:14 traffic, simply not a part of this study.

09:11:15 So we do not have an analysis of the intersection that

09:11:20 adequately addresses the condition in 2016.

09:11:24 The impact may be small.

09:11:25 We don't know what the impact is because we don't know if

09:11:28 the intersection will be operating in 2016 because not all

09:11:32 the traffic is there.

09:11:35 Move down to Highwoods Preserve Parkway and Bruce B. Downs.

09:11:38 It's under construction.

09:11:40 Really couldn't do a traffic count at this point.

09:11:42 They found the most recent traffic count of 2004 traffic

09:11:48 count conducted by the city.

09:11:50 Okay.

09:11:51 They are projecting to 2016, 2004, 12 years.

09:11:57 That's simply what they have in the methodology agreed to.

09:12:01 The spreadsheet shows that they have adjusted it, 12 years,

09:12:06 two percent, 24% increase.

09:12:08 Unfortunately it appears there's probably an error in their

09:12:11 spreadsheet.

09:12:12 The traffic may increase from 2004 was only 10%.

09:12:16 14% of the traffic that should be at this intersection in

09:12:20 2016 that they agreed to in their methodology isn't there,

09:12:24 isn't a part of the analysis.

09:12:26 Now, the result, level of service F, we don't know what the

09:12:31 real improvements are to bring it to an acceptable level of

09:12:33 service.

09:12:34 We really don't know what their impact is there, because in

09:12:37 fact we don't have analysis that reflects a 2016 traffic

09:12:41 condition in the p.m. peak hour that is consistent with

09:12:45 their methodology.

09:12:47 Now, let's talk from the aerial again.

09:12:50 These three points.

09:12:52 I'm very confused.

09:12:53 Every traffic study I have done for the City of Tampa,

09:12:56 we analyzed access points.

09:12:59 When a project driveway connects to the road.

09:13:01 Remember, we reviewed the file with the city.

09:13:05 We have done a records request.

09:13:07 I confirmed yesterday morning with the city, they have

09:13:09 received no additional analysis.

09:13:12 There is no analysis of either the daycare driveway, there

09:13:16 is no analysis of the intersection that operates with the

09:13:22 school.

09:13:23 There simply isn't analysis.

09:13:26 Now, let's go to another point.

09:13:30 Queuing.

09:13:30 You heard talk of queuing, and the way queuing is handled on

09:13:33 the site.

09:13:37 But they indicated that both of those particular meetings in

09:13:40 the neighborhood that they had done queuing analyses, and

09:13:43 they have provided them.

09:13:45 The city has never seen the queuing analysis for the

09:13:48 schools.

09:13:49 There is not a queuing analysis in the file.

09:13:54 Therefore we really don't know how it operates.

09:13:57 They talk well about it, speak well about it, but I see

09:14:00 nothing factual to support anything one way or the other

09:14:02 regarding the queuing analysis.

09:14:04 Now let's go on to one other point.

09:14:07 For the arch.

09:14:11 This is a copy of the first page of the charter school

09:14:13 application to Hillsborough County, the school board.

09:14:18 That is what they have to do to get approval from the school

09:14:21 board, in that they do various things.

09:14:24 One of the things they do in there is the financial

09:14:29 feasibility.

09:14:30 They have to do what is basically a budget area.

09:14:33 This is page 279 out of that.

09:14:37 Highlighted area, 22% of the school age children,

09:14:44 kindergarten through fifth grade, are expected to

09:14:48 participate in the before and after school care.

09:14:54 Sound like they are going to have traffic in the p.m. peak

09:14:57 hours in after-school care.

09:14:59 I do not believe they have any condition in their zoning

09:15:01 that prohibits them from having after-school care, who now

09:15:04 have the financial plan that shows after-school care.

09:15:11 To calculate what that number of students would be is

09:15:15 another page, 28, that gives you a breakdown of the number

09:15:20 of students --

09:15:21 >> Excuse me, Randy, can you make that so we can see it a

09:15:24 little better?

09:15:26 If you can just Britt down.

09:15:27 Thank you.

09:15:27 >> That's better.

09:15:35 I wanted to know where it was so I can follow it here.

09:15:38 >> This is their breakdown of children by class, handwritten

09:15:46 on the side is 22% of each of those which is what they have

09:15:48 in the pro forma.

09:15:50 Turns out to be 130 students.

09:15:53 So that's a potential of 130 students in after-school care.

09:15:57 If you consider that to be akin to a daycare facility -- and

09:16:02 this is not the daycare facility they are proposing, this is

09:16:04 the school -- then that would be 95 additional trips that

09:16:08 would be -- to their calculations, the daycare has 82 trips

09:16:14 in the p.m. peak hour.

09:16:16 So the school basically has as much traffic in the p.m. peak

09:16:20 hour potentially takes daycare was.

09:16:28 Let's go to trip generation.

09:16:35 I believe there were some questions asked about traffic.

09:16:42 Here are your numbers, basically 43 trips, daycare 125

09:16:46 trips, that's what they analyzed.

09:16:51 This is private school treating it as the 130 students we

09:16:54 talked about after-school.

09:16:56 That would give you 75 additional trips.

09:16:58 Basically, either way you calculate it, the school has as

09:17:03 much traffic in the p.m. hour potentially takes daycare

09:17:07 does.

09:17:07 Now, let's talk about the morning.

09:17:10 The morning is what the neighborhood are really concerned

09:17:14 about, and this is the trip generation for the morning.

09:17:19 There is no analysis.

09:17:20 So -- maybe two more minutes.

09:17:24 >>CHARLIE MIRANDA: I'll give you a minute and a half.

09:17:25 >> There is really no analysis.

09:17:28 But what we do know is, the school and the daycare together

09:17:31 generate 966 trips.

09:17:33 And we are going to talk about their track.

09:17:36 They come from somewhere.

09:17:37 They get on Highwoods Preserve Parkway and come to the

09:17:40 schools.

09:17:40 Interestingly enough, when you look at the only volumes we

09:17:43 have in the morning, which is that intersection counts, that

09:17:46 was done at High Woods Preserve Parkway and Bruce B. Downs,

09:17:50 the total traffic on Highwoods Preserve Parkway in the

09:17:53 morning when you factor it up correctly to 2016, is 860

09:18:00 trips.

09:18:01 The school, 966.

09:18:04 And you see that what they have as the maximum currently in

09:18:10 the morning is 860 trips.

09:18:12 Trips are going to double.

09:18:13 If it was just the daycare, really wouldn't be a lot of

09:18:15 additional traffic.

09:18:16 Whole lot of things happen when you potentially almost

09:18:19 double traffic and more than double traffic on the roadway.

09:18:24 A.M. is a very big concern.

09:18:26 No analysis whatsoever.

09:18:27 Thank you very much.

09:18:28 >>CHARLIE MIRANDA: Thank you.

09:18:29 Mr. Suarez.

09:18:30 >>MIKE SUAREZ: I want to be fair to shall here.

09:18:35 What would be the methodology to analyze those three areas

09:18:42 in which cars will be coming in and out of the school

09:18:45 property if there's nothing built there?

09:18:47 I don't know what that is.

09:18:49 I'm not a traffic engineer.

09:18:50 >> The same exact intersection analysis type that was done

09:18:55 at New Tampa Boulevard, preserve parkway.

09:18:58 >> Would it reduce the number of cars that are passing by

09:19:00 there at that particular location?

09:19:02 >> You would determine the trips turning in and out of each

09:19:05 of those driveways, the trips on Highwoods Preserve Parkway,

09:19:08 and then do what's called an unsignalized analysis which is

09:19:13 what was done at Tampa Boulevard.

09:19:17 At stone view, I would have specifically done analysis

09:19:21 that's again unsignalized, since the city requested them to

09:19:25 pay up to 50% of the signalized unit section, I would have

09:19:30 probably done the signalized hypothesis to see how it would

09:19:35 work.

09:19:35 >> In your analysis and in your experience whenever you do

09:19:38 these type of traffic studies, what, if anything, is done in

09:19:43 terms of the safety based on the capacity of the road,

09:19:47 meaning, you know, if you double the size of the number of

09:19:50 vehicles that will be there at a particular time, there are

09:19:53 studies or are there methods in which to show that -- it's a

09:20:00 less safe road, more safe?

09:20:02 You know, what do you all do on something like that?

09:20:04 >> What you first do is you want to fund out what the level

09:20:07 of service might be, and in the afternoon, not a lot of

09:20:10 traffic when you look at the daycare by itself which is what

09:20:13 their study did.

09:20:14 If you added in that traffic from the after-school activity,

09:20:17 after-school care, it would double that.

09:20:20 Still not a huge amount of traffic.

09:20:22 About 200 cars altogether.

09:20:24 They basically put traffic 50% to the north.

09:20:28 About 100 both ways.

09:20:30 Additional traffic but not a tremendous amount.

09:20:32 However, in the morning, when you are adding 966 trips, even

09:20:35 if you have half of them going to north and half of them

09:20:39 going to the south, that's 450 additional trips.

09:20:42 We know the height of volume on Highwoods Preserve today

09:20:45 projected out to 2016 is 860 trips so it's either a 50%

09:20:49 increase in traffic or 100 percent increase in traffic

09:20:52 depending on our direction.

09:20:54 As you get to that level, you are getting closer and closer

09:20:57 to bad level of service and things start to happen, people

09:21:01 start making poor decisions about getting out on the

09:21:03 roadway, getting their child to school, et cetera, so it

09:21:08 really becomes the congestion factor on the roadway.

09:21:11 And that's simply the analysis at this point

09:21:25 >>GINA GRIMES: Hill, Ward and Henderson.

09:21:26 I represent the West Meadows HOA.

09:21:29 Before, Mr. Kirby, before you start my time I wanted to

09:21:33 mention one thing about Mr. Cohen's testimony.

09:21:36 Ms. Rodriguez mentioned because his evaluation her traffic

09:21:40 study was not signed and sealed that it did not constitute

09:21:44 competent and substantial evidence.

09:21:46 And probably it's best to hear from your lawyer on that

09:21:49 point.

09:21:50 But just because an engineer is not a registered engineer

09:21:56 does not mean his testimony is not competent and substantial

09:22:00 evidence.

09:22:00 Any evidence given by any person that's related to the code

09:22:04 criteria can constitute competent, substantial evidence.

09:22:07 >> Ms. Cole, if you could concur with that or tell us if

09:22:18 that is correct.

09:22:18 >>JULIA COLE: Legal department.

09:22:20 It would be my position that, yes, when you hear evidence

09:22:24 from anybody that could constitute competent, substantial

09:22:27 evidence, once you receive the resumé of somebody that's

09:22:32 been qualified, and I would suggest to you that his

09:22:34 testimony is competent, substantial evidence to the extent

09:22:36 that you accept his testimony as part of the record.

09:22:40 >> Thank you.

09:22:47 >>CHARLIE MIRANDA: Yes, ma'am.

09:22:49 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy

09:22:51 Boulevard.

09:22:52 Usually when you see Randy and I, Kirby, and before you, we

09:22:56 are representing applicant.

09:22:58 We rarely come before you when we represent someone who is

09:23:01 opposed to development.

09:23:02 And I can tell you and he can tell you whenever we do come

09:23:05 in front of you, we have been required, our clients have

09:23:09 been required to follow all the rules and submit all the

09:23:12 required studies and do all the kind of analyses.

09:23:16 For some reason in this instance, it appears that the

09:23:18 applicant has not done that.

09:23:20 I think part of the problem is that they have had a very

09:23:23 aggressive construction schedule.

09:23:26 According to their charter school application, which we

09:23:29 submitted as part of the record, their planning to open this

09:23:32 school in the fall of 2012.

09:23:35 So they probably should have been under construction

09:23:38 already.

09:23:38 So as a result of that, they had to submit multiple

09:23:41 applications at the same time.

09:23:42 They submitted a PD site plan.

09:23:44 They submitted their charter school application.

09:23:46 And they submitted an environmental resource permit

09:23:50 application to SWFWMD.

09:23:57 Part of the problem is that none of those three documents

09:23:59 are consistent with one another.

09:24:01 The details of this project are not clear, and they continue

09:24:04 to change.

09:24:05 As of today, we are being told that part of the school is

09:24:09 not going to be built.

09:24:11 Phase two is not going to be built, and the size of the

09:24:14 daycare is going to be reduced.

09:24:16 It's a moving target and it has been all along.

09:24:19 And along those Psalm lines, we have heard lots of

09:24:23 commitments on their part but yet none of this is in

09:24:25 writing.

09:24:26 It's not on the PD site plan.

09:24:28 Doesn't matter what they say at the public hearing.

09:24:30 They talked about buses.

09:24:31 There's nothing on the site plan about buses.

09:24:33 They talked about hours of operation.

09:24:35 There's nothing on the site plan about hours of operation.

09:24:37 Talked about no athletics on the weekend or night.

09:24:41 There's nothing on the site plan about that.

09:24:42 They said at the neighborhood meetings that they weren't

09:24:46 going to have evening and weekend activities, and you heard

09:24:48 today that they were.

09:24:51 They said they are going to build a sidewalk.

09:24:53 They are required to build a sidewalk.

09:24:54 There's nothing on the site plan that says they are going to

09:24:56 build a sidewalk.

09:24:57 I can't find it if there is.

09:25:01 But I want to start my presentation by telling you what the

09:25:06 ground are for denying this application, and that's what we

09:25:10 are requesting that you do.

09:25:12 You have four solid reasons to deny this application.

09:25:16 The first reason is that the application violates --

09:25:21 (Bell sounds)

09:25:22 It violates Florida statute school siting requirements.

09:25:26 The second reason is the PD application does not comply with

09:25:30 the tree and landscape code.

09:25:33 The third reason, the third grounds for denial is that the

09:25:36 application does not comply with the land development

09:25:38 regulations in the zoning code.

09:25:40 And the fourth reason and probably the most important reason

09:25:44 to deny this application is that the PD application and

09:25:48 location of this site is inconsistent with the comprehensive

09:25:50 plan.

09:25:51 (Bell sounds).

09:25:53 >>CHARLIE MIRANDA: Continue.

09:25:56 With council's per mugs I gave the other side something like

09:25:58 18 minutes.

09:25:58 >> Yes, they had well over and hour total.

09:26:02 >>CHARLIE MIRANDA: Well, I understand that.

09:26:04 >>GINA GRIMES: And I am going only going to need probably

09:26:07 ten more minutes.

09:26:08 >>CHARLIE MIRANDA: I am going to give you eleven minutes.

09:26:13 Motion made by Mr. Reddick, seconded by Ms. Montelione.

09:26:21 All in favor of that motion please indicate by saying aye.

09:26:23 Opposed, nay.

09:26:24 The Ayes have it unanimously.

09:26:26 Eleven minute.

09:26:26 >> The Florida statute school siting requirements are

09:26:29 something that typically applies to public schools.

09:26:31 However, this past legislative session, the 2011 legislative

09:26:35 session, the charter school section of the soothe statute

09:26:39 was amended and what it says now in that section is that the

09:26:42 city is required to treat charter schools equitably in

09:26:45 comparison to similar requirements, restrictions and

09:26:48 processes imposed on public schools.

09:26:50 You have in your package of materials an interlocal

09:26:53 agreement as well as the statutory requirement for school

09:26:58 siting.

09:26:59 The city and the Hillsborough County school board have

09:27:01 entered into an interlocal agreement that sets forth the

09:27:03 whole procedure on how you determine where a school site

09:27:06 should be.

09:27:06 According to this new 2011 statutory section, the city is

09:27:10 required to treat this charter school the same as a public

09:27:13 school and use the same processes.

09:27:16 The school siting process should apply.

09:27:20 We brought this up to the city back in November, and you

09:27:23 believe they passed the information onto the applicant.

09:27:27 They have done nothing to comply with the school siting

09:27:29 requirement.

09:27:29 Nothing.

09:27:30 Those requirements require notification to the neighborhood.

09:27:34 They require meeting with the neighborhood.

09:27:36 I believe it's 60 days prayer to even acquiring a site that

09:27:41 you may use for a school.

09:27:43 After that you have to submit a formal application to the

09:27:45 city for consistency determination with the comprehensive

09:27:48 plan, and then 90 days prayer to construction you have to

09:27:52 submit a special plan that contains all the information

09:27:55 that's set forth in the interlocal agreement, so that the

09:27:59 city can evaluate whether the site plan complies with the

09:28:01 comprehensive plan.

09:28:02 They have done none of that, and they don't appear to intend

09:28:05 to do any of that either according to their construction

09:28:08 schedule.

09:28:10 One of the other requirements that is imposed upon schools

09:28:14 whenever you are selecting a new site is that the location

09:28:18 of the site has to be consistent with the comp plan and with

09:28:21 the land development regulation, the location has to be

09:28:24 consistent.

09:28:26 And I would like to address whether or not this location and

09:28:31 the way this PD site plan has been developed is consistent

09:28:35 with the city's land development regulations.

09:28:38 We a certain that it is not.

09:28:41 We believe that it violates the tree and landscape code.

09:28:46 And we think that the incorrect tree retention standard has

09:28:49 been applied to this site.

09:28:50 The tree retention standard that's been applied is 25%.

09:28:54 According to city code section 13-45 that you have in your

09:28:58 package of materials, the 25 percent retention requirement

09:29:02 only applies to commercial and industrial.

09:29:06 This is neither of those uses.

09:29:08 The code says that if you are a single-family use, for any

09:29:13 use not otherwise specified, which the school is not

09:29:16 specified, an institutional use is not specified, then the

09:29:20 retention requirement is 50%.

09:29:22 They have not retained 50% of the trees on-site.

09:29:26 They are removing we believe even more than 75% of the

09:29:31 trees.

09:29:31 So we think the wrong retention requirement has been

09:29:34 applied, and for that reason they don't comply with the tree

09:29:37 and landscape code.

09:29:44 Another issue that we have is on October of last year, they

09:29:48 submitted a permit application to SWFWMD.

09:29:51 That permit application is inconsistent with the PD

09:29:54 application.

09:29:56 And the manner in which it's inconsistent is that that

09:30:00 SWFWMD application includes drainage that isn't shown on

09:30:04 your PD application.

09:30:05 Now, I understand why that occurred, because they submitted

09:30:09 a revised site plan to the city in September, and then three

09:30:14 weeks later submitted an environmental resource permit

09:30:18 application to SWFWMD that was different than the PD site

09:30:22 plan they submitted to the city.

09:30:24 Here is a copy of one of the maps that's in there in their

09:30:28 SWFWMD application.

09:30:29 The two ponds labeled in green are areas they are showing on

09:30:35 their site for tree retention.

09:30:36 These are buffer areas they are showing on the south side of

09:30:38 the site for tree retention.

09:30:40 Yet in the SWFWMD application they are showing them to be

09:30:42 drainage bonds pond.

09:30:44 That's going to require the removal of even more trees.

09:30:46 So they say they are complying with the 25% retention

09:30:49 requirement.

09:30:50 And even if you assume that's applicable, they are going to

09:30:53 be removing more trees based on that SWFWMD application.

09:30:57 Another proposal that they have made is what's called the

09:31:01 alternative form of compliance.

09:31:03 They are asking you to allow them, or they are asking the

09:31:06 city to allow them to count trees that are unprotected, more

09:31:10 than five inches in the buffer area, to count those streets

09:31:14 towards their retention requirements.

09:31:17 That's a way to circumvent a violation of the tree revenges

09:31:21 requirement, that they are using these trees that are

09:31:23 otherwise unprotected saying they'll protect them and then

09:31:26 asking the city to count them for tree retention

09:31:29 requirement.

09:31:30 They are asking also asking permission because they can't

09:31:32 plant any additional trees on-site, they are asking for

09:31:35 permission to pay the in lieu fee.

09:31:37 However your code 13-165-D does not allow payment of the in

09:31:41 lieu fee unless the minimum number of trees are retained

09:31:44 on-site.

09:31:45 They are not retaining the minimum number of trees on-site,

09:31:49 therefore they should not be permitted to use the in lieu

09:31:51 payment option.

09:31:53 The third ground for denial, violation of the city zoning

09:31:58 code and the city zoning code requirement relates to

09:32:02 sections 27-321, 324, and 326.

09:32:07 Those three sections basically require you to assess the

09:32:13 impacts of the schools and the daycare, to minimize those

09:32:18 impacts, to require mitigation, and then to insure

09:32:24 compatibility with the adjacent area.

09:32:26 You heard from Randy that they haven't even analyzed all the

09:32:30 impacts from the school.

09:32:31 How can they expect the city to do an assessment when they

09:32:34 haven't analyzed the impact, that they have made it

09:32:36 impossible for the city to properly analyze the impact of

09:32:41 the school proposal?

09:32:42 So with that, they don't comply with the city code

09:32:46 requirements that require the impacts to be assessed,

09:32:50 minimized, and mitigated for.

09:32:52 You can't assess mitigation when you don't know what the

09:32:57 impacts are.

09:32:57 The fourth and final ground for denial as I mentioned

09:33:00 earlier is inconsistency with the comprehensive plan.

09:33:04 They mentioned that they are in the SMU 6 comprehensive plan

09:33:08 category, and Mr. Garcia touched on this point in his

09:33:12 presentation.

09:33:14 The SMU 6 comp plan category has a provision in it, and this

09:33:19 is in tab of your package of material.

09:33:24 It has a requirement that 50% of the developable land within

09:33:26 each project be residential.

09:33:29 Your SMU 6, 50% of the developable land has to be

09:33:33 residential.

09:33:33 There is no residential component in this project.

09:33:36 None at all.

09:33:39 Mr. Garcia has asserted that that 50% requirement applies

09:33:43 across the board city-wide to all SMU 6 land, but that's not

09:33:47 what this code provision says.

09:33:49 The section he cites deals with other mixed use category.

09:33:54 It doesn't deal with the SMU 6 comprehensive plan category.

09:33:59 So they are in violation of the comprehensive plan by

09:34:03 failing to have a project that has 50% residential.

09:34:07 They are required to have 50% residential.

09:34:13 There's another comp plan policy that requires the

09:34:16 development to be minimally disruptive as possible to

09:34:18 adjacent areas, and for the city to assess the impacts and

09:34:21 require mitigation.

09:34:22 Again, removing well over 700 trees from the site, not

09:34:27 minimally disruptive to the adjacent area.

09:34:31 Also, again, how can you assess the potential impact and

09:34:35 require mitigation, you as a city, when they haven't fully

09:34:38 analyzed all the impacts?

09:34:41 Comp plan policy 34.3.8 requires the city and the applicant

09:34:46 to jointly determine the need for timing of on and off-site

09:34:50 improvements necessary to support the new school and then

09:34:52 enter into an agreement regarding the timing of those

09:34:55 improvements.

09:34:56 The applicant failed to submit analysis.

09:34:58 There's no way for you to assess what's needed on-site or

09:35:02 off-site and certainly can't enter into an agreement to that

09:35:04 effect.

09:35:06 Comp plan policy 34-39, the city has to evaluate proposals

09:35:10 for new schools to determine the impact of the natural

09:35:13 environment, minimize and mitigate.

09:35:17 Removal of more trees than what the code allows, removal of

09:35:20 over 700 trees on a site, is not a minimization, and there

09:35:27 has been no real mitigation for that impact.

09:35:31 Comp plan policy 34-3-11 requires the city and the traffic

09:35:35 engineering department to ensure this impact on the transfer

09:35:38 safety system are adequately planned for for school

09:35:42 construction.

09:35:43 The only mitigation requirement that's even mentioned in

09:35:45 that site plan is a requirement that they may -- they may

09:35:52 contribute up to 50% of the cost of the signal.

09:35:54 That's it.

09:35:55 That's the only mitigation they have in this entire

09:35:57 development.

09:36:00 Comp plan policy 34-4-3 requires that you ensure that the

09:36:04 adjacent neighborhood have the consistent opportunity to

09:36:06 provide input into the school redevelopment, and Mr. Vann

09:36:11 ruin mentioned nobody even knew about this being a potential

09:36:14 school site until well into the process, until 30 days

09:36:17 before the public hearing.

09:36:18 At that point, they had already gone committed their SWFWMD

09:36:24 permits, the neighborhood had no real input into the

09:36:26 location of this site.

09:36:27 It was well into the development design and planning part of

09:36:31 the project.

09:36:32 They say there was no way for them at that point to have

09:36:35 input.

09:36:36 And that, covers, is a violation of that section of the

09:36:38 comprehensive plan.

09:36:41 Lastly, and this is something that Mr. Suarez touched on, is

09:36:44 comp plan policy 34.4.8 requires that you ensure safe access

09:36:48 from neighborhoods to schools including an application that

09:36:52 the school districts have to comply with school program.

09:37:00 Mr. Horner stated we are going to have all the safety

09:37:02 measures in place but there's they have not complied with

09:37:04 that provision in the comprehensive plan.

09:37:06 It's based on all of these grounds that we have asserted

09:37:10 that Bea would request that you deny the PD.

09:37:13 All of these grounds are summarized in tab A of the

09:37:16 document.

09:37:17 There's a listing of all the different bases for denial

09:37:21 including references to all the code sections and the manner

09:37:24 which they don't comply with the Land Development Code, the

09:37:26 tree code, and with the comprehensive plan and the statute.

09:37:29 (Bell sounds)

09:37:31 With that we would ask that you deny their application.

09:37:34 >>CHARLIE MIRANDA: Thank you.

09:37:39 >> May I ask if these people are present?

09:38:16 Victoria Fitzpatrick.

09:38:17 Kevin Fitzpatrick.

09:38:20 Karen McCann.

09:38:21 Ahmad Bobbin?

09:38:29 Patricia Glover?

09:38:30 Robert Glover?

09:38:32 And Ozzie Skinner?

09:38:33 Thank you.

09:38:35 >>CHARLIE MIRANDA: Thanks very much.

09:38:36 >> Next you are going to hear from Ruth Paul, and like Mr.

09:38:43 Coen, we would like to -- we are submitting her resumé.

09:38:49 She's got 33 years as an educator in the school district.

09:38:51 She's currently a consultant to the Florida Department of

09:38:56 Education, charter schools.

09:39:00 We would like to submit her as an expert in education K-12.

09:39:03 >> I received a speaker waiver form with seven names.

09:39:09 Please raise your hand.

09:39:10 Beverly Glantz.

09:39:12 Arnold Glantz.

09:39:15 Vincent Gericitano.

09:39:16 Karla Burnett.

09:39:20 Kimmie Smart.

09:39:22 James Burnett.

09:39:25 James Stuart, I believe.

09:39:26 Thank you.

09:39:26 >> My name is Ruth Hall, and I'm a resident of West Meadows.

09:39:33 I live at 19140 Wood Sage Drive in the West Meadows

09:39:40 community.

09:39:41 I have provided for you a copy of my report.

09:39:45 I had the pleasure of reading the entire charter school

09:39:49 application and looked at it from the point of view of an

09:39:53 experienced educator.

09:39:55 In my tenure in Hillsborough County, I served 20 years as

09:40:00 the district administrator over construction for a variety

09:40:03 of areas. Since I retired in 2008, on the state level, I

09:40:08 serve as a protocol reviewer, i.e., auditor.

09:40:12 I travel around the State of Florida with the Department of

09:40:14 Education, and we audit professional development programs in

09:40:20 school districts throughout Florida.

09:40:22 So I bring this expertise to my reading of this application

09:40:27 and I would like to share some insights that I believe sums

09:40:31 up reading of that application with you.

09:40:33 If you turn in your packets with me to tab 2 -- I don't know

09:40:41 if that's clear or not.

09:40:44 I want to start out by taking a look at the schools in the

09:40:47 new Tampa area.

09:40:50 We have elementary and middle schools in the New Tampa area.

09:40:54 All of which for the past two years, as you can see on this

09:40:58 data sheet, have been top performing A schools.

09:41:02 That is a significant thing in terms of wanting to say that

09:41:07 perhaps there is a group of parents or residents in our

09:41:12 community who are not pleased with schools, and based on

09:41:17 what we heard tonight to suggest that there was a survey

09:41:21 given that would justify this displeasure.

09:41:24 You can't have eight schools without support.

09:41:29 Support for parents and from the community.

09:41:31 Specifically, this charter application says that the focus

09:41:36 of the school's curriculum would be math and science and

09:41:42 technology.

09:41:44 If you look at column two in this data sheet, you can see

09:41:47 that these high performing schools that already exist in the

09:41:51 New Tampa area are performing well above the norm in math.

09:41:58 If you look at column 4, you can see that these high

09:42:02 performing schools are performing well above the norm in

09:42:08 science.

09:42:08 So we submit this data to let you know that currently, in

09:42:13 the New Tampa area, we have some of the best middle schools

09:42:18 and elementary schools in the district.

09:42:23 The next data form I would like to share with you, we take a

09:42:28 look at how our current charter schools in Hillsborough

09:42:31 County that are middle school, charter schools, and

09:42:34 elementary charter schools are performing in those same

09:42:36 areas.

09:42:40 If you look at column 2, from the map section for our

09:42:44 charter schools, and if you look at the grades in column one

09:42:48 first, you see that we have a number of our charter schools

09:42:51 that are performing at the D and F and C levels.

09:42:56 If you look at column two, you can see -- which is actually

09:43:04 column three after the grade column, you can see in the

09:43:06 areas of mathematics, their performance is 70 percentile,

09:43:13 beings in most of the cases or less, and a couple of cases

09:43:16 higher.

09:43:17 If you look in column four, under the science column, you

09:43:20 can see that there is great room for improvement by our

09:43:26 charter schools in the science area.

09:43:30 You see percentile rates as low as zero and six in the

09:43:34 science area.

09:43:36 So this data speaks to the concerns that we have, that if we

09:43:42 have schools that are already high performing schools, why

09:43:45 is it that we have a need to take a look at an alternative

09:43:51 form that if the data speaks correctly may or may not give

09:43:55 us something better than "A," if there is something that is

09:43:59 better than an ARDS that you can get.

09:44:02 Also, reading the charter application, if you turn to tab 4

09:44:08 in your packet that I have given you, I have gone through

09:44:11 the charter application, and I have looked at the various

09:44:14 components within the application.

09:44:16 I would like to talk about a few of these with you.

09:44:26 One of the things that's discussed in the charter

09:44:28 application is the student population.

09:44:31 And we have heard this 960 before.

09:44:34 Well, if you look at column one, I have a component.

09:44:38 Column two, the actual quote from the application under

09:44:42 description column, and column three, the possible impact,

09:44:46 and in column four, the page number where that description

09:44:49 was taken.

09:44:50 From the charter application.

09:44:52 The charter application indicates 960 students.

09:44:56 If we understand that approximately 60 students may be up to

09:45:00 66 students can ride a bus, that would give us approximately

09:45:05 15 buses if these students are transported by bus.

09:45:08 If these students are transported by transportation other

09:45:11 than buses, then that means that we have 960 transportation

09:45:16 modes, cars, bringing kids in to the New Tampa area, which

09:45:20 would significantly increase the population.

09:45:24 In the area of recruitment, we have heard it's been stated

09:45:29 and implied throughout the night that our charter school,

09:45:33 this charter application is going to be targeting new Tampa.

09:45:36 All the quotes that I could find in the application related

09:45:40 to recruitment includes marketing outside of New Tampa.

09:45:46 The school will be open to all eligible students residing in

09:45:49 the county, preference will be made available to children of

09:45:52 employees, active military and board members, siblings of

09:45:59 those already enrolled, or selected in a lottery process.

09:46:02 The student will enroll any eligible student who submits a

09:46:05 timely application.

09:46:06 So that would not indicate -- I haven't seen anything in the

09:46:12 application that says we are going to market strictly or

09:46:15 solely or almost all to the New Tampa residence that

09:46:22 supposedly took the survey, and we are not going to be

09:46:24 having a lot of walk-in traffic.

09:46:26 We are going to have a lot of commuter traffic if this hold

09:46:28 true.

09:46:30 And hours of operation, under hours of operation, the school

09:46:41 would begin the day at 6:30 a.m. for students requiring

09:46:45 morning supervision prior to the start of school.

09:46:47 Breakfast will be provided to students arriving prior to 8

09:46:50 a.m.

09:46:51 Classes will begin at 8:30 a.m.

09:46:54 And dismissed at 3:30.

09:46:57 That's what's in the application.

09:46:58 So the school hours with peak morning commuter traffic

09:47:04 incurs dismissal traffic for our existing school.

09:47:07 There is a lot mentioned in the application, also, about the

09:47:10 extended day.

09:47:11 The extended day mentioned includes opportunity for all

09:47:16 students with academic levels of achievement, extended day

09:47:20 programs for reading, one on one tutoring both in class and

09:47:24 after.

09:47:25 So that would imply that we are going to have additional car

09:47:28 and/or bus traffic to transport these kids during peak hours

09:47:33 in the evening commuter traffic.

09:47:36 Also, the application speaks to several additional

09:47:41 after-school activities.

09:47:43 Parent academy, parent intervention programs, before and

09:47:47 after school mentoring, Saturday school, extended learning

09:47:50 before and after school, as well as summer programs, early

09:47:54 bird programs, extended day, and Saturday academy.

09:48:03 It says in the application we are going to be dealing with

09:48:05 traffic before school, when school starts, and then traffic

09:48:10 after school.

09:48:10 And also we are going to have traffic on Saturdays.

09:48:13 And we are going to have traffic when we have our summer

09:48:17 programs.

09:48:18 So these are all of the explained activities in the

09:48:23 application.

09:48:25 Finally, there are some periodic activities that are

09:48:29 mentioned.

09:48:31 Some periodic activities that are mentioned they are going

09:48:34 to have field trips and guest speakers and all students will

09:48:37 be encouraged to participate in after-school athletic

09:48:41 programs.

09:48:42 The school will display for parents and members, parent

09:48:47 academy, parent conferences will be scheduled at least twice

09:48:50 a year.

09:48:51 So we are not going to have a situation where we have kids

09:48:56 sit there all day, school is out, kids leave.

09:48:59 They are going to be ongoing things that are happening that

09:49:02 will create and generate traffic throughout this particular

09:49:07 process.

09:49:09 Finally, the faculty and staff, we have got 80 staff members

09:49:15 listed.

09:49:16 That's how many people will be driving in commuting to work

09:49:18 every day and leaving every day.

09:49:21 We feel that by the applicant's own admission, there are

09:49:25 going to be numerous traffic increases, increases of volume

09:49:31 and frequency.

09:49:33 (Bell sounds)

09:49:34 Any questions?

09:49:42 >>CHARLIE MIRANDA: (off microphone) anyone in the audience

09:49:47 to speak on behalf of themselves, please come forward, and

09:49:49 let's limit this to a minute and a half.

09:49:58 Or a minute 30 second.

09:50:00 >> Should have stayed on vacation, Mr. Chairman.

09:50:02 [ Laughter ]

09:50:03 I'm Joseph Caetano, live in Grand Hampton, Tampa, Florida.

09:50:11 I was a very strong proponent of small business.

09:50:14 This is a small business.

09:50:15 There's no doubt about it.

09:50:16 But that small business cannot be located in a residential

09:50:20 neighborhood such as this.

09:50:24 A charter elementary school at 2:30 in the afternoon, we

09:50:27 have two roads going east on one lane, there's who to 50

09:50:32 cars, mothers picking up their children, and yet they have

09:50:35 bus service there.

09:50:36 The buses are in the back.

09:50:38 It's detrimental.

09:50:39 It's dangerous.

09:50:41 I don't know who made this report but it says here, proposed

09:50:45 school development is complementary to the surrounding

09:50:49 residential area.

09:50:51 Will provide neighborhood-serving use as prescribed in the

09:50:56 City of Tampa comprehensive code.

09:50:57 I don't think this is complementary to the neighborhood.

09:51:01 I know it's going to be a mess.

09:51:03 And I don't know where our vice chairman is tonight, because

09:51:08 I expect a six to one vote here tonight.

09:51:13 Thank you.

09:51:16 >>CHARLIE MIRANDA: For or against?

09:51:17 [ Laughter ]

09:51:18 I'm just asking.

09:51:21 >> Mr. Miranda, now better.

09:51:26 >>CHARLIE MIRANDA: I do?

09:51:27 >> My name is Jane Thompson and I have been sworn in, and my

09:51:34 address is 18322 Elmhurst lane.

09:51:37 I have a waiver.

09:51:41 >>MARTIN SHELBY: There are seven names.

09:51:53 Denise Parker.

09:51:54 Like Kurtz.

09:51:55 Leslie Lea.

09:51:57 Jane McLaughlin.

09:51:58 Marlene -- Marlene.

09:52:06 Len, thank you.

09:52:06 And Craig Koschmeter.

09:52:12 Ten minutes.

09:52:13 >> My name is Jane Thompson, like he said.

09:52:16 I have devised my presentation with the assumption that

09:52:19 there would be, you know, 1300 students.

09:52:21 Now that they have just brought this to my attention, the

09:52:25 second phase is going to be abolished, so I am going try to

09:52:31 tailor this as best I can.

09:52:32 I am a ten year resident, a mother of two children ages four

09:52:38 to six, and I think this plan will be detrimental to the

09:52:40 community especially relating to traffic.

09:52:42 And I just wanted to make a point that with that survey, I

09:52:46 conducted my own survey, not legally or anything, but just

09:52:52 within our communities, I couldn't find a single person for

09:52:55 this school.

09:52:56 At the YMCA, my friend's mother, Tampa Palms, Hunters green,

09:53:04 and Meadow Point, like, oh, yes, a charter school in my

09:53:07 area, yes, too bad for you because it will in your area.

09:53:10 So, yes, within a four mile radius there will be a lot of

09:53:13 supporters.

09:53:14 So within a two mile radius, there won't be any.

09:53:18 My daughter went to school in the neighborhood and traffic,

09:53:23 con at the school.

09:53:26 I ask you to keep in mind that Clark has 800 students,

09:53:30 roughly half the students taking the bus and walking --

09:53:33 walking and I guess they will have now approximately 700

09:53:36 students so we are comparing apples and apples now.

09:53:39 And 250 child daycare, transportation?

09:53:42 And out of the area, and safe traffic.

09:53:45 Right now Clark has 152 parking spaces, and as you can see

09:53:50 these are all the pictures that I had sent to you guys

09:53:52 before.

09:53:54 This was at a school event for three grades.

09:53:59 And these cars park all along the internal driveway, all

09:54:05 along the no parking signs.

09:54:08 Here is a typical morning drop-off.

09:54:11 Cars are parked on the grass, cars down the other line, and

09:54:17 until recently when we put a gate, cars were actually

09:54:20 dropping their cars off at the front part of the line,

09:54:25 because there was such a wait.

09:54:34 Again, here are more pictures in the morning.

09:54:37 I could have a thousand pictures and they would all be the

09:54:39 same, cars parked on the grass, cars parked on the grass.

09:54:42 And let me -- it has 152 parking spaces.

09:54:48 As you can see here, cars are double parked.

09:54:50 In fact one was double parked behind me.

09:54:56 Car lots are full, full, full, full.

09:54:59 You have parents walking their kids, in-student, birthdays,

09:55:08 dropping off donations for various events, science fair

09:55:11 projects, and then the parking is limited, parents have no

09:55:15 choice but to park on the despite the no parking anytime

09:55:18 signs.

09:55:19 Clark has many volunteers, but roughly 12 that you volunteer

09:55:22 hours per year, and you can see from my little bag here that

09:55:27 on any given day when I volunteer, I'm number 45, I'm number

09:55:32 40, 80, number 46.

09:55:34 And this is randomly pulled from my personal experience of

09:55:37 being there.

09:55:38 And that does not include the parents that walk their cars

09:55:42 and just walk in their child in the morning.

09:55:44 That does not include that traffic.

09:55:53 The proposed charter school only has seven spaces including

09:55:56 four handicapped spaces.

09:55:59 And I think with their parking there is no other easement

09:56:04 for them to park.

09:56:06 You have an internal driveway with the grassy mediums.

09:56:11 So with the 87 parking spaces, and 75 employees, that's 75

09:56:16 employees, only 8 parking spaces for volunteers and

09:56:22 visitors.

09:56:23 That's it.

09:56:25 The overflow parking, in the basketball courts.

09:56:30 This might be sufficient if there was a scheduled school

09:56:32 event.

09:56:33 But that doesn't address dozens ever parents daily.

09:56:40 What the B the class rams when volunteers are needed

09:56:42 specifically for the classroom?

09:56:44 Where will they park?

09:56:45 What about events that would take place in the field and

09:56:50 courts themselves? We were told that the parking available

09:56:52 at the daycare center will have 41 spaces, but this is not

09:56:56 planned until phase three analysis or even phase two, and

09:57:00 with 250 students and their own visitors and their own

09:57:04 events, they can't accommodate their own parking let alone

09:57:07 the overflow traffic from the school.

09:57:09 Just think of the 150 plus parents picking up their infants

09:57:12 and toddlers, and the preserve and becoming parking for the

09:57:20 overflow park.

09:57:23 The proposed school has approximately 700 students with 130

09:57:27 parking spaces.

09:57:28 Clark, with only 800 students, cannot accommodate all the

09:57:31 vehicles, and they have 152 parking spaces.

09:57:35 And Clark has the advantage of all of the grass and the park

09:57:41 is still overloaded.

09:57:44 We are also concerned about the safety of children on their

09:57:46 way to and from school, and surrounding Clark Elementary,

09:57:48 there are hundreds homes in the subdivision where kids with

09:57:52 easily get to, if you can see Clark entrance is here, it's

09:57:57 on a residential zone, it's very nice, 25 mile-per-hour zone

09:58:02 access from all of this neighborhood.

09:58:04 This proposed school which is here, where is this easy

09:58:09 access?

09:58:10 Where is the residences?

09:58:11 There is one little thing which stone view has 78 town

09:58:15 homes.

09:58:16 One little cul-de-sac right here, that's it.

09:58:19 And all the other homes are all over the places.

09:58:21 Just not feasible.

09:58:26 This charter school is situated away from the residential

09:58:28 streets, with children walking around New Tampa Boulevard

09:58:31 and Highwoods Preserve.

09:58:35 New Tampa Boulevard is a 40 mile-per-hour load which isn't

09:58:38 always driven at 40 miles per hour, and to cross at the

09:58:41 intersection would be dangerous.

09:58:42 At Clark there are two buses currently that pick up the

09:58:45 children, from less than two mile radius, one from the

09:58:48 subdivision across the road and the other along Bruce B.

09:58:51 Downs.

09:58:51 Why?

09:58:52 Because it's not safe for the children to cross the -- cross

09:58:56 through park Boulevard and the children -- well, these are

09:59:03 two pictures of the Highwoods Preserve roadway where the

09:59:07 sidewalk exists right now.

09:59:08 This one as you can see has a very extreme bend in the road

09:59:13 where there's only about a foot of grass between the road

09:59:16 and three foot sidewalk.

09:59:20 Here is the other bend in the road where there is the

09:59:23 narrowing of the sidewalk.

09:59:25 And that definitely shows the extremity and dangerousness of

09:59:30 the walk to school.

09:59:32 Ideally, every parent would walk their child to school if it

09:59:37 was safe enough for the kids to walk by themselves but most

09:59:40 parents don't have time and kids are usually dropped off on

09:59:43 their way to work for even the kids that take the bus,

09:59:45 parents still drive their child to school -- to the bus stop

09:59:51 so it's not logical to walk one mile to the new school when

09:59:55 they currently don't walk 200 feet.

09:59:57 In the past year this area has seen an increase of traffic

09:59:59 resulting from New Tampa and this will be amplified beyond

10:00:05 reasonable traffic levels, when the new overpass bridge

10:00:08 opens.

10:00:09 Then add a 1,000 student school, and traffic would add

10:00:14 vehicle congestion and chaos beyond imagination.

10:00:20 The children attending the school increases the number of

10:00:23 students walking.

10:00:25 This has me thinking.

10:00:27 What happens to the hundreds of skids a week and you are

10:00:30 going to assume the parents would be -- the park already

10:00:35 established and parents, where does the charter school

10:00:41 expect to get the students?

10:00:42 Of course, outside the two mile radius, thus increasing the

10:00:45 volume of cars.

10:00:47 How can they guarantee the population will come the two mile

10:00:50 distance when their enrollment and they will be walking in

10:00:54 the four mile radius?

10:01:02 The applicant transportation consultant position, are not

10:01:07 traffic generators, when we have hundreds, live oak, meadow

10:01:12 point, driving their cars to the school.

10:01:15 I'm not a traffic engineer but to me it's simple.

10:01:18 These parents are would not otherwise be in this area up to

10:01:21 New Tampa Boulevard, up to Highwoods Preserve, unless they

10:01:25 were taking their kids to the charter school.

10:01:27 The charter school unquestionably would generate traffic.

10:01:31 Clark is zone B and a master plan B and has the necessary

10:01:36 easements and adjustments.

10:01:43 Lastly, I would like to say, Valrico academy, charter

10:01:47 school, that this new charter school thing, was graded a C

10:01:51 this past year.

10:01:52 (Bell sounds)

10:01:53 This rezoning is very myopic, and it's all very well and

10:02:00 good, but they are keeping the line of trees on the parkway

10:02:03 making sure the building has the student body to walk, but

10:02:07 when it comes down to actually putting in into practice

10:02:10 beyond the blueprint, this facility will not work in our

10:02:13 community.

10:02:13 I am not against development, but I am in support of the

10:02:17 right development for our community.

10:02:18 This rezoning is a radical change from the master plan.

10:02:22 A cohesive community between west meadow, we have reasonable

10:02:27 expectation as to what is developed in the neighborhood,

10:02:30 1,000 daycare is not a reasonable district.

10:02:34 Thank you.

10:02:34 >> Thanks very much.

10:02:37 [ Applause ]

10:02:38 >>CHARLIE MIRANDA: Please.

10:02:39 Let's stop there.

10:02:39 >>LISA MONTELIONE: Before you leave, I think we should have

10:02:45 your resumé.

10:02:47 [ Laughter ]

10:02:49 >> I commend you for the presentation you put together and

10:02:52 for the package that was provided to us being e-mailed.

10:02:58 But I don't know, Mr. Garcia, before receiving Ms. Grimes'

10:03:04 packet of information about comprehensive plan three things

10:03:09 stood out to me in Mr. Garcia's report of the comprehensive

10:03:12 plan review and how it's consistent, and I just want to ask

10:03:16 you, and if all the other speakers can keep in mind these

10:03:20 three points, policy 34.3.4 -- there's Mr. Garcia -- the

10:03:29 school site shall be minimally disruptive, policy, 34.4.3

10:03:37 adjacent neighborhoods have the opportunity to provide input

10:03:41 and policy 34.4.4 that they be used -- paraphrasing -- and

10:03:48 used as focal points for the neighborhood.

10:03:50 So with those minimally disruptive, provide input, and use

10:03:58 as focal points.

10:04:00 Do you feel that you can comment on those three?

10:04:03 Very briefly.

10:04:04 >> Right.

10:04:05 Notice, I have no notice and they claim they put up notice

10:04:11 signs on the roadway and the wind blew it over.

10:04:14 So it stayed up for six weeks.

10:04:16 I don't know how that's possible but they never gave

10:04:19 adequate notice.

10:04:20 As far as the disruption, absolutely.

10:04:24 Highwoods Preserve and New Tampa Boulevard are the only two

10:04:27 access roads that our community has to Bruce B. Downs.

10:04:29 That is it.

10:04:30 If you get the traffic coming south on highwoods to make a

10:04:35 right turn into the school, you have got the traffic coming

10:04:39 making a left turn into the school, plus, now, there's about

10:04:43 97 cars, queue line is not going to be significant for that

10:04:49 many students so you are going to have cars waiting on

10:04:52 Highwoods Preserve north and south.

10:04:53 But then you have this bridge open.

10:04:55 And it's not going -- going to bring traffic over to Tampa

10:04:59 Palms.

10:04:59 USAA is over there.

10:05:01 They have 2,500 employees.

10:05:03 They cannot wait until our bridge opens because half the

10:05:06 employees right now, they only travel south.

10:05:09 That was it.

10:05:10 That's the only entranceway to their building is south.

10:05:13 Now, with the bridge opening, 2,000 people would be coming

10:05:18 up our way, folks on Bruce B. Downs.

10:05:21 So if you have that traffic, if traffic is parked at

10:05:24 Clark --

10:05:26 >> I think Mr. Cohen had addressed that when he talked about

10:05:29 adding the bridge in the analysis.

10:05:31 >> It's in a residential zone.

10:05:35 You have cars parked outside.

10:05:36 You are inconveniencing the residents.

10:05:39 Cars parked on highway preserve up and down north and south,

10:05:43 not only is it residents, it's all of the residents of the

10:05:46 whole community, and the employees trying to get to the new

10:05:51 MetLife building, so big campus down there by Bruce B.

10:05:54 Downs, and then of course the rec center that's over there,

10:05:59 the employees at USAA.

10:06:00 So all of that traffic is going to be impeded on Highwoods

10:06:03 Preserve.

10:06:05 >>LISA MONTELIONE: Got it.

10:06:06 Thank you.

10:06:06 >>CHARLIE MIRANDA: Next, please.

10:06:07 >>LISA MONTELIONE: Can Mr. Garcia comment on what I

10:06:12 mentioned? In your report, did you hear the policy that I

10:06:18 mentioned, 34.3.4, 34.4.3, and 34 .4.4?

10:06:27 Minimally disruptive, provide input, and use as focal point.

10:06:33 >> Correct.

10:06:39 >>LISA MONTELIONE: If you hadn't talked to the

10:06:40 neighborhood, or found from the developer the school, how

10:06:47 many meetings they had, how the meetings were arranged for,

10:06:51 how much notice the residents had, I don't understand how it

10:06:57 could be found that the neighborhood had an opportunity to

10:06:58 provide input.

10:07:03 >>TONY GARCIA: We maintain at the Planning Commission an

10:07:05 ongoing communication with the Land Development

10:07:06 Coordination, and all the other departments, reviewing

10:07:10 departments for the city.

10:07:11 If you look on the report, you will notice that there are no

10:07:13 objections from any of the reviewing departments for the

10:07:15 City of Tampa.

10:07:16 And in all those policies that you are looking at, the city

10:07:21 "shall."

10:07:22 So we provide guidance and make the determination as far as

10:07:24 consistency based on if the city makes a determination that

10:07:27 there is a violation of the code, the onus is placed on the

10:07:33 city shall do these things.

10:07:34 So if we have a problem, like a transportation impact,

10:07:40 counting on city transportation department.

10:07:41 We don't conduct the --

10:07:43 >> But compatibility, ensure adjacent neighborhoods have the

10:07:47 opportunity to provide input into the school redevelopment

10:07:52 process.

10:07:52 I don't know how that can be determined without --

10:07:55 >>TONY GARCIA: That obligation, again, we normally talk

10:07:57 with, okay, the Land Development Coordination.

10:08:01 I do not receive a single phone call from anyone telling me

10:08:04 from the neighborhood association there was an issue with

10:08:06 this.

10:08:07 I don't believe Land Development Coordination had that also,

10:08:12 and I knew there was going to be controversy with this, but

10:08:14 it's in a general sense, okay.

10:08:17 It's not something that if someone doesn't want a

10:08:21 development, they are entitled to come out and say they

10:08:23 don't want the development, if it's a subjective

10:08:27 determination that you are going to be making on something

10:08:28 like that, because at the end of the day, it's approved for

10:08:32 a church right now, which is a community-serving use.

10:08:35 The request is for a school, which is a community-serving

10:08:38 use.

10:08:38 And what point does it become, does the school become

10:08:42 detrimental to the community?

10:08:44 If the people are saying it's a transportation impact, we

10:08:47 haven't heard that from the city transportation department.

10:08:49 >>LISA MONTELIONE: I was going to ask Mrs. Feeley, or Ms.

10:08:53 Cole about that.

10:08:54 I don't see comments from the transportation department in

10:08:56 my packet.

10:08:58 From staff.

10:09:00 I have the summary of the request.

10:09:02 I have general requirements of code/staff findings, where

10:09:08 it's parks and recreation, natural resources, Land

10:09:11 Development Coordination, tree and landscape.

10:09:15 And nothing from transportation.

10:09:18 >> Ms. Feeley would have to address that.

10:09:24 >>ABBYE FEELEY: Melanie Calloway from transportation is

10:09:33 here this evening.

10:09:34 Transportation does not have comments or inconsistency

10:09:37 comments at all.

10:09:38 They found it consistent.

10:09:39 >>LISA MONTELIONE: Mel an you, I thought -- Melanie?

10:09:54 I thought we're headed to the microphone.

10:09:56 >> Melanie Calloway.

10:09:59 We have no comment to the transportation.

10:10:00 >> You provided the transportation report, provided by Ms.

10:10:04 Rodriguez and the comments of Mr. Cohen after he reviewed

10:10:09 Ms. Rodriguez' report?

10:10:11 >> Yes, that's correct.

10:10:12 >>LISA MONTELIONE: And you didn't see any of the

10:10:13 inconsistencies that Mr. Cohen pointed out?

10:10:17 >> We had an improved traffic analysis.

10:10:20 >> Who approved the traffic analysis?

10:10:22 >> I did.

10:10:23 >> So you didn't have an approved traffic analysis.

10:10:27 You had a traffic analysis that you then approved?

10:10:30 >> That's correct.

10:10:33 That Rodriguez submitted to the transportation.

10:10:35 We reviewed that analysis according to our mitigation, and

10:10:37 according to our methodology, it did meet that.

10:10:42 What they are required to do is they had additional impact

10:10:46 to the community.

10:10:47 They have mitigated those impacts.

10:10:49 And that's what we require them to do.

10:10:51 >> The points that Mr. Cohen pointed out about the traffic

10:10:59 count being done in August when school is not in session, or

10:11:04 the school would normally not be in session, the idea that

10:11:09 there wasn't a peak hour analysis, I mean, none of these --

10:11:17 I could go on an on.

10:11:19 We're sitting here.

10:11:20 You heard all the testimony.

10:11:21 You read the report.

10:11:23 None of these raised any red flags to you?

10:11:26 >> Let me first say, I can explain, the first thing is you

10:11:31 asked me, the count was done in August.

10:11:34 The comment that counts was done in August, they had to

10:11:37 submit their analysis, and it just happened to be outside.

10:11:42 What they do, like Mr. Cohen had stated, they do put in

10:11:45 their percentage of increased growth every year.

10:11:48 They usually -- they have a growth factor that they add to

10:11:53 their count, taking a count times of year.

10:11:58 That was taken into account.

10:11:59 That's normal for those types of things.

10:12:01 Now, you asked about why only p.m. peak.

10:12:08 Remember when Libby was up here --

10:12:26 When Libby was up here, and the trip generation for the

10:12:29 property, residential townhouse condos.

10:12:35 I am going focus here on 24-hour trips, 24-hour daily

10:12:41 volume.

10:12:42 I am first going to tell you that the current Highwoods

10:12:44 Preserve is operating at a level service "B."

10:12:49 It has capacity of 14,000.

10:12:56 Has a capacity of 14,850.

10:13:00 Vehicles.

10:13:00 They currently on this count was in 2010, November 2010.

10:13:05 They had 7,833 vehicles.

10:13:11 Here on the 24 hour volume, this is the count for 24 hours,

10:13:15 explained to you, the study of each one of these uses.

10:13:19 So the condo had this trip generation, in a 24-hour period.

10:13:27 Here is the church.

10:13:29 40,000 square feet.

10:13:31 Has about 364 vehicles, in a 24-hour period.

10:13:37 You see the private schools, that's what we used.

10:13:40 It says zero.

10:13:41 Well, zero?

10:13:42 How could that be?

10:13:44 Well, the reason why they use -- what we usually do in

10:13:48 around about is about 10% of the daily volume is about 10%.

10:13:54 The p.m. peak is 10% of the daily volume.

10:13:57 So as you can see hear, you see here this total volume is

10:14:02 6735.

10:14:03 However, if you look at p.m. peak, it says zero.

10:14:06 Why is that?

10:14:07 Why are schools that way?

10:14:09 Because our a.m. peak is from 7 a.m. to 9 a.m.

10:14:15 Our p.m. peak is from 4 p.m. to 6 p.m.

10:14:18 We talked to the petitioner.

10:14:21 We ask these questions.

10:14:22 Are you having before school care?

10:14:26 No.

10:14:26 After school care?

10:14:27 Not going to have those --

10:14:30 >>LISA MONTELIONE: Stop right there.

10:14:31 So you are saying that the petitioner told you that there

10:14:33 would be no a.m. programming and there would be no

10:14:37 after-school care, but we know from the testimony from their

10:14:43 application to the school board for the charter that there

10:14:46 would be both of those things.

10:14:48 >> I did not know that they even submitted that until two

10:14:52 days ago after having talked to Randy Coen on the phone.

10:14:55 He said he had a copy of it.

10:14:56 We don't require that.

10:14:57 Land development doesn't require a copy as part of the

10:15:01 process so we don't have that information.

10:15:03 I asked them in the beginning in August --

10:15:05 >>LISA MONTELIONE: So if you had had that information,

10:15:09 would it have changed the results of your analysis?

10:15:12 I know it's hard to say on the fly, but --

10:15:17 >> In general, this is the difference.

10:15:20 If you say, okay, they are going to actually have traffic in

10:15:23 the p.m. peak, maybe.

10:15:25 What we did the analysis on was the daycare.

10:15:27 You did it for two reasons.

10:15:29 The first reason was this 801, I use that for the first

10:15:38 phase, the second phase.

10:15:39 I usually also this p.m. peak traffic on it.

10:15:42 Why did I take that into account?

10:15:43 Because we know as transportation division how traffic

10:15:49 functions in New Tampa.

10:15:52 We know by experience how it works, and had many analyses in

10:15:56 that location, and we know that p.m. peak traffic is the

10:15:58 most detrimental in that area.

10:16:01 Not usually a.m.

10:16:02 That's why we didn't -- I thought daycare was a much better

10:16:06 way of being able to take this p.m. peak.

10:16:09 Now if they would have said to me we are going to have

10:16:11 after-school care, we had -- you see K-8.

10:16:17 Most schools don't have any -- again they are outside of the

10:16:21 4 to 6 peak period.

10:16:23 They are outside of that.

10:16:25 So that is why I took this, and we did analysis on a

10:16:28 daycare.

10:16:28 Trip generation as well as p.m. peak.

10:16:32 This one apparently didn't have and that was a better

10:16:35 representation of what was going on out there.

10:16:37 I went there.

10:16:38 I was there at 7:00 in the morning.

10:16:40 I looked at the traffic during the weekday to see how it

10:16:43 looked.

10:16:43 And it was backing up.

10:16:49 That's a big part of what is going on out there currently

10:16:51 right now.

10:16:52 When I was there from seven to eight, by 7:30, there was

10:16:55 minimal traffic at Bruce B. Downs and Highwoods Preserve.

10:17:03 [ Laughter ]

10:17:04 I believe -- I believe that is occurring, because most

10:17:07 people, if they are commuting to other places of larger

10:17:11 volumes, they are commuting to other places in the city,

10:17:14 therefore, it kind of helps leave earlier, they are pretty

10:17:19 far out and you have to leave early in the morning as you

10:17:21 get where you are going as you guys know.

10:17:23 So that's the only thing I can attribute.

10:17:25 I was there for an hour.

10:17:26 I watched it on a Tuesday.

10:17:30 It was a regular day because I wanted to see what traffic

10:17:33 was like.

10:17:33 And I sat there and I watched it.

10:17:37 These are the things that we use because we are very

10:17:39 familiar with what's going on.

10:17:41 Are they have having traffic impacts?

10:17:43 Yes, they do. That is why they are mitigating. So the

10:17:46 question becomes if you think there's more additional impact

10:17:49 and you think there's more traffic on the road than what

10:17:51 they are stating to you, the question then becomes, what is

10:17:55 their additional mitigation?

10:17:59 Is it a turn lane?

10:18:04 We cannot deny a project.

10:18:06 They have the options to mitigate their impact and that's

10:18:09 what they are doing.

10:18:10 >> I guess I would have seen some additional comments in the

10:18:15 staff report had you had a different set of p parameters or

10:18:20 information to start out with.

10:18:20 >> What you might have seen is --

10:18:24 >> There's no mitigation.

10:18:26 >> Additional.

10:18:26 That may be.

10:18:28 But these are all hypothetical.

10:18:29 I can't really tell you exactly what is going on, because

10:18:32 ways given the information, with the information I was

10:18:34 given, there are mitigating impacts.

10:18:36 >>LISA MONTELIONE: Thank you.

10:18:39 >> You're welcome.

10:18:42 >> My name is Andrea, and I was sworn in.

10:18:47 >>THE CLERK: Anyone else to be sworn in?

10:18:55 Raise your right hand.

10:18:56 (Oath administered by Clerk)

10:18:57 And I need to be sworn in.

10:19:02 My name is Andrea, and I'm a resident in West Meadows, right

10:19:08 in this area, 19105 mandarin grove place, in West Meadows.

10:19:15 And I am not an educated traffic expert.

10:19:22 I am not a lawyer.

10:19:24 I am not an engineer.

10:19:27 Still, I am a concerned parent just lake Councilman Suarez,

10:19:32 in the name of concerned parent, and also I like numbers.

10:19:41 The 60% of the people inside my circle are very happy that

10:19:44 the school is coming.

10:19:45 My question is, what happens?

10:19:53 They do not dare care for the school.

10:19:57 But everybody who is here rate now is from the West Meadows

10:20:00 area.

10:20:06 They see these things.

10:20:07 What changes?

10:20:08 They are putting more vehicles on roads which are strictly

10:20:12 one-lane in each direction.

10:20:16 Even if I give a little extra lane, one lane in each

10:20:21 direction.

10:20:25 There is Clark elementary, too.

10:20:27 There is Clark elementary.

10:20:28 That's going to be a problem in the morning.

10:20:33 Butt numbers, 1500 students, 350 now, we have less, 1,000.

10:20:40 1,000 students will be between 500 cars.

10:20:55 I do care that in the evening, one hour, it puts another 300

10:20:59 cars on that single-lane road.

10:21:08 We heard it effect only one percent.

10:21:12 Well, it's true it's only one percent.

10:21:14 But that's Bruce B. Downs or the side street, but it's more

10:21:22 than 100 percent.

10:21:23 And that's why we are all here.

10:21:25 And the people that represent 200 people now.

10:21:34 Thank you very much.

10:21:34 >>CHARLIE MIRANDA: Thank you very much, sir.

10:21:35 Next.

10:21:39 AH-AH, this is not the gong show.

10:21:41 >> My name is Dr. Carol Myers, I am pretty of the CDD, West

10:21:48 Meadows, and rich land place, and so I would like to make a

10:21:56 point that was asked earlier, and that is that we have in

10:22:03 both areas there are 2,000 homesteads.

10:22:06 So there are 2,000 of us.

10:22:08 And of the survey that was taken of 250,000 people, that

10:22:13 means that 248,000 of those do not live in our area.

10:22:18 And they probably live on the other side of Bruce B. Downs

10:22:23 which means they will not in any way, shape or form be

10:22:26 impacted by this traffic.

10:22:27 So that's one point I would like to make.

10:22:31 I would like to emphasize what was said earlier, also, that

10:22:37 there are only two roads that can get in and out of our

10:22:40 community, and they are New Tampa and Highwoods preserve.

10:22:46 This property that you are considering a rezoning for is at

10:22:50 the intersection of those two roads.

10:22:54 It is also only a few hundred yards away from where the

10:22:58 bridge will come in and add even more traffic to that

10:23:02 particular intersection.

10:23:07 We have enough pain right now with the development and

10:23:11 expansion of I-75, Bruce B. Downs, and the construction of

10:23:15 the bridge.

10:23:19 How much pain can one neighborhood be subjected to?

10:23:24 So that answers one of your questions.

10:23:26 The other one is that the CDD owns almost all of the

10:23:31 property on Highwoods Preserve which is across the street

10:23:36 from where this is going in.

10:23:39 We manage both of the community centers, and we own the

10:23:44 property on the corner.

10:23:45 We were never noticed.

10:23:48 I never heard anything about this until about two weeks

10:23:51 before the date that the hearing was set.

10:23:54 And I consulted with the manager of the community called who

10:24:00 works for me and he swore up and down he never heard

10:24:02 anything either.

10:24:03 So that's just what I want to report.

10:24:08 Thank you.

10:24:09 >>CHARLIE MIRANDA: Next, please.

10:24:09 >> Good evening.

10:24:13 My name is McMahon, resident of West Meadows, 8370 golden

10:24:19 drive, here to address two points.

10:24:21 One minimally disruptive and the other is community input.

10:24:24 I too received no community input.

10:24:26 I think you heard that from many people here tonight.

10:24:28 Nor did I participate in the survey and I have many active

10:24:31 phones in my house.

10:24:33 I am speaking not as an expert in traffic or engineering,

10:24:37 but as an educator.

10:24:39 I am an educator for over 20 years, the past ten have been

10:24:42 in New Tampa schools.

10:24:43 The past seven have been serving as a site administrator at

10:24:48 one of those top A-ranked schools on your list.

10:24:51 And serve as principal currently.

10:24:55 My school is not located on a two lane street lake the one

10:24:58 that 24th will be on.

10:25:00 My school is located on a four-lane Boulevard with a median

10:25:04 that goes perpendicular to Bruce B. Downs.

10:25:07 We have 967 -- 987 students in the school as of this

10:25:13 morning.

10:25:15 There are 97 faculty and staff members to serve those 987

10:25:18 students.

10:25:19 We have 160 students that are served in our after-care

10:25:22 program.

10:25:23 That program runs between 6:30 in the morning till 6:00 at

10:25:27 night.

10:25:27 We have approximately on our rolls 968 bus drivers, that's

10:25:32 seven school buses, six of which are full, one is not.

10:25:36 We have about 550 car riders.

10:25:40 Although many of those students are -- have access to

10:25:46 transportation as we know, and we have a lot of very

10:25:51 involved New Tampa parents.

10:25:53 The parents like sense of community they get when they pick

10:25:56 up their children from school, they like talking to their

10:25:59 neighbors at school, they come to school, they do not walk.

10:26:02 I have between 20 and 30 walkers on any given day at my

10:26:05 school, that's 987, and my school is located right outside a

10:26:10 gated community because our parents do not feel comfortable

10:26:12 allowing their children to walk, or they prefer to be there

10:26:15 with them.

10:26:15 So with that background, it starts at 12:30 in the

10:26:23 afternoon, my school dismisses at 2:15.

10:26:25 In the car rider line, in the heat of the summer in the car

10:26:27 line, and the school year, those parents keep the car

10:26:29 running because it is too hot to sit there.

10:26:31 They sit there until dismissal which typically ends at 2:40

10:26:35 when the last child leaves the building.

10:26:37 That is an extended period of time to have traffic in that

10:26:40 area.

10:26:42 We are off the road because of the way the school system

10:26:44 designed it.

10:26:44 We have resources, as you know, Hillsborough County is a

10:26:47 very large system, it has many resources available to us,

10:26:51 school resource officers, school security to help with

10:26:54 traffic, which has not been indicated that the charter

10:26:56 school has.

10:26:56 Thank you.

10:26:56 >> Good evening.

10:27:03 I'm Evelyn Romano.

10:27:05 You liver in West Meadows.

10:27:08 I am requesting that you deny the rezoning, because the

10:27:13 residents of West Meadows deserve a community that is not

10:27:18 unfairly burdened with excessive traffic congestion,

10:27:23 resulting in the loss of our quality of life.

10:27:27 We will have to endure a new Tampa Boulevard, a projected

10:27:32 700 percent increase in traffic on New Tampa Boulevard in

10:27:37 future years upon completion of the bridge to know where.

10:27:43 Three years of fighting that project resulted in business

10:27:49 interests overriding the safety concerns of West Meadows

10:27:52 residents.

10:27:55 Bottom line, we simply cannot absorb any more traffic going

10:28:00 through our neighborhood as a shortcut, bypass, or new

10:28:06 destination.

10:28:08 To approve this rezoning would be telling us that our

10:28:12 community, our residents, have no rights, no voice, in

10:28:19 protecting our quality of life.

10:28:23 I am asking you, pleas, to do the right thing and deny this

10:28:28 rezoning.

10:28:30 Thank you very much.

10:28:31 >>CHARLIE MIRANDA: Thank you, ma'am.

10:28:32 Next, please.

10:28:32 >> My name is Robert Armstrong, and I live at 8309 golden

10:28:41 prairie drive, Tampa, Florida.

10:28:43 I also live in the homeowner estates subdivision of West

10:28:47 Meadows.

10:28:48 I have been in this community, I was in West Meadows now 12

10:28:52 years, had my house built here, seen a lot of changes.

10:28:57 I'm a realtor, been a realtor for ten years, helped many

10:29:01 feign families buy and sell homes in this area.

10:29:05 Who are today very, very angry at this process of this

10:29:09 charter school.

10:29:12 I very much disagree with the survey.

10:29:14 I too have not been notified or taken part in any survey

10:29:17 that has occurred.

10:29:21 All that I have heard, and that the petitioner so eloquently

10:29:25 in all capacities put on their presentation, but not once

10:29:31 did I hear anything about when was there a study that we

10:29:36 actually needed this school in our community?

10:29:40 Why I say that, if the eight schools that we do have, none

10:29:44 of them are built to -- filled to capacity.

10:29:48 As a matter of fact, we bus in a lot of children to those

10:29:52 schools that we have.

10:29:55 Many of the schools in and around the outskirts are not "A"

10:29:58 rated.

10:29:59 Why the school is -- I mean the idea, why don't they put in

10:30:05 the areas where they really need the school?

10:30:06 It's perplexing to me.

10:30:08 I don't understand it.

10:30:11 This bridge to know where, the traffic scenario, just

10:30:16 because -- it's unbelievable.

10:30:20 I have heard conversations today about, well, if you leave

10:30:23 earlier, you have to deal with it.

10:30:28 I propose anyone in this room today and everywhere else, try

10:30:33 leaving at areas different times.

10:30:34 Today it took me 40 minutes to get from my gate to the I-75.

10:30:38 Now, we add all this traffic to this, it's just going to be

10:30:43 awful.

10:30:44 Now, another factor, I run.

10:30:47 A lot of people run.

10:30:48 These streets, it's very serene and peaceful going through

10:30:53 there.

10:30:53 The issue is, just the scenery is going to change, the

10:31:00 traffic flow is going to change, the danger to the people

10:31:04 that walk through there and run through there, that's going

10:31:07 to change.

10:31:08 It's just an unnecessary thing that is about to occur.

10:31:14 (Bell sounds)

10:31:16 Again, I say to you all that the important thing here, if

10:31:23 not everything that's been said, there is no basis for a

10:31:26 school is needed here.

10:31:29 It needs to be somewhere else.

10:31:33 I anticipate a total rejection of this process.

10:31:37 I thank you very much for listening to me today.

10:31:40 (Bell sounds).

10:31:41 >>CHARLIE MIRANDA: Thank you very much.

10:31:42 Next, please.

10:31:43 >> I apologize for my voice.

10:31:47 Sorry.

10:31:47 Josephine Valadaris.

10:31:52 I am from Richmond place.

10:31:53 I live on oneover circle on one of the main intersections.

10:32:03 I beg to differ with Ms. Calloway's a certification that

10:32:06 there is no problem.

10:32:07 But between the hours of a quarter to seven in the morning

10:32:10 and 8:00 in the evening -- 8:00 in the morning, leaving my

10:32:15 house, my house, just turning onto Highwoods Preserve, 20

10:32:20 minutes every morning.

10:32:21 That's how it impacts me.

10:32:22 Right now.

10:32:23 That's not Bruce B. Downs.

10:32:25 Because when they develop Bruce B. Downs -- and this was

10:32:27 known from 2003 from the Hillsborough County transportation

10:32:33 studies that were done in 2003, Bruce B. Downs is a failed

10:32:36 road.

10:32:36 It will always be a failed road even after you widen it to

10:32:39 eight lanes.

10:32:40 Widening to eight lanes will not resolve it being a

10:32:46 nonfailed road.

10:32:47 If you add more traffic you are adding more traffic to a

10:32:50 failed road.

10:32:51 I brought in 2003 in Richmond place, I could have gotten the

10:32:55 same model exactly the same model, bigger size acre lots, on

10:33:01 Cross Creek subdivision, for $20,000 less just for the

10:33:07 property.

10:33:07 Why?

10:33:08 Because of their traffic issues there.

10:33:11 They widened the road.

10:33:12 You are still sitting in five lates on Cross Creek Boulevard

10:33:15 and Bruce B. Downs, which is the same street as new Tampa

10:33:20 Boulevard.

10:33:20 It's just you cross Bruce B. Downs.

10:33:22 And that becomes Cross Creek Boulevard.

10:33:24 So I purchased here, property value.

10:33:27 I paid the extra money.

10:33:28 And now you are telling me that if this vote goes through I

10:33:32 am going to be financially, not just time ways, financially,

10:33:37 because my property value is going to drop.

10:33:39 Nobody in their right mind when they sea the traffic that's

10:33:41 going to take place in this residential area after this

10:33:44 school, or if this school is built, will not want to

10:33:48 purchase any property in this area.

10:33:51 All right.

10:33:53 Aside from the hits wave already taken on property values.

10:33:56 So this is not a matter of just, now, standing out on the

10:34:02 road, and this and that.

10:34:04 This impacts us not only timewise, financially,

10:34:08 aesthetically, the safety of our kids.

10:34:10 If you are trying to take my -- when I tray to walk him to

10:34:17 the park at any one of those school interjection in the

10:34:22 morning or in the evening, that's lake playing saw you side

10:34:25 with two little kids.

10:34:26 Can't get across that street at those tames.

10:34:29 Whatever you do.

10:34:30 So that's not going to help out.

10:34:34 A red light there is not going to help out.

10:34:36 You are stacking 100 cars on the property.

10:34:38 What happens if you have 500 cars?

10:34:40 Where do they go?

10:34:41 They are going to stack up on Highwoods Preserve and that's

10:34:45 backed up onto Tampa Boulevard.

10:34:47 (Bell sounds)

10:34:49 So, please, the issue is listen to us.

10:34:53 >>CHARLIE MIRANDA: Thank you very much.

10:34:54 Next, please.

10:34:55 >>MARTIN SHELBY: There are seven names.

10:35:11 Keith, last name, White?

10:35:15 WHI-something.

10:35:18 Do I see your hand?

10:35:23 Gwen Hall.

10:35:24 Walter Hall.

10:35:26 Walter Hall?

10:35:27 Thank you.

10:35:28 Doloris Collins?

10:35:30 Ron Jarabak.

10:35:36 Sue Ann Jarabak.

10:35:39 Thank you.

10:35:39 Christine Basch?

10:35:42 The name that I wasn't able to make out is Keith.

10:35:45 Is there a gentleman named Keith somewhere here?

10:35:50 >>CHARLIE MIRANDA: There he is.

10:35:52 >>MARTIN SHELBY: Thank you.

10:35:55 >>CHARLIE MIRANDA: Oddly enough, seven minutes.

10:36:00 >>MARTIN SHELBY: Plus three.

10:36:02 >> I won't need anywhere near ten minutes.

10:36:04 Shawn Harrison, 181361 Water Run Drive in Tampa.

10:36:08 Mr. Chairman and counsel, it's good to be out of Tallahassee

10:36:11 this evening and come back to the podium here.

10:36:14 I wanted to give the council a bit of historical perspective

10:36:18 on this particular site.

10:36:19 I was a freshman council member when we rezoned this

10:36:22 property back in 2001, November of 2001.

10:36:27 I sat up there where Councilman Suarez sits right now.

10:36:30 And I wanted to read a few of the more salient points of the

10:36:33 presentation that was made that night.

10:36:35 So if you will indulge me for a minute.

10:36:38 The petitioner was represented by Scott steady, and Mr.

10:36:41 Steady, in part of his opening, said that pastor tweed, who

10:36:46 is the pastor over at this congregation, has been looking

10:36:48 for a site for years.

10:36:50 The congregation based in New Tampa has been looking for a

10:36:53 site for years.

10:36:54 This is a good site.

10:36:55 It is not shoe horning a church into a residential area.

10:36:58 It is putting a church on a major arterial road and you want

10:37:03 churches in a residential area.

10:37:04 This is a good spot.

10:37:07 I want to make sure before I sit down, Michelle mentioned a

10:37:10 school.

10:37:11 What the request is, a church and daycare.

10:37:13 The daycare is not a school, it's a daycare.

10:37:17 It would be the type of daycare would you have in the church

10:37:19 facility.

10:37:20 It would be ancillary to the church facility.

10:37:23 So we are not looking, nor would you approve a school, and

10:37:26 the church isn't asking for one.

10:37:29 Pastor tweed, when he got to address the council, the

10:37:34 property itself is limited to the fact that if we really

10:37:36 wanted to build a large congregation of 1200 folks or more,

10:37:40 we need a significantly larger site.

10:37:43 This particular site does not allow for something like that,

10:37:46 and should that ever occur, we need to consider moving.

10:37:50 Again pastor tweed.

10:37:53 Looking at about 350 people on a Sunday on an average basis

10:37:56 in a worship service.

10:37:57 Again, that's speculation.

10:37:59 It could go up depending on how often, even if you have 350

10:38:03 in one service.

10:38:04 You can use that two and a half times and if we use those

10:38:07 types of figures maybe upwards of 400, 4 and a quarter and

10:38:12 then start to max out in appropriate usage.

10:38:17 And when Mr. Steady wrapped up, and I have even made this

10:38:22 point to the pastor, it's going to be regulated by zoning.

10:38:26 Could you only do what the zoning a -- you can only do what

10:38:29 the zoning allows.

10:38:30 You are not going to have a school, even preschool.

10:38:32 If it's a school they can't do it.

10:38:37 I made the motion to approve the zoning, to approve the

10:38:40 petition ten years ago.

10:38:42 And what I said was, this is a small congregation.

10:38:45 It's very much like grace Episcopal congregation about 120

10:38:48 to 130 people attending service.

10:38:50 We have a daycare facility there.

10:38:52 We have a preschool facility there.

10:38:53 And we have probably 150 students at that preschool.

10:38:57 But it's spread out over five days a week.

10:38:59 So you really won't have any more than 30 or 40 per day in

10:39:02 the preschool.

10:39:04 And I suspect that's the way they would tailer theirs as

10:39:08 well, if they get to the point where they have to move

10:39:10 there's no way they would be able to squeeze a 1200

10:39:13 congregation on that site so I don't think you are going to

10:39:15 have that problem.

10:39:17 The motion was seconded by our current Mayor Buckhorn and

10:39:19 passed unanimously ten years ago.

10:39:22 So, Mr. Chairman, I ask -- the reason I raise this, if this

10:39:27 site wasn't appropriate for a school ten years ago, then

10:39:30 what has changed on the site in the past years other than

10:39:35 shear economics?

10:39:35 It doesn't work.

10:39:36 It doesn't work right now economically for the church.

10:39:40 Maybe that's their argument so they want to sell their

10:39:44 church.

10:39:45 Mr. Chairman, the for sale sign for this property only went

10:39:48 up a few months ago.

10:39:49 The church was having services until a few months ago.

10:39:51 They may even still be doing so.

10:39:53 This property hasn't been on the market for very long.

10:39:55 This church, unfortunately, never got off the ground, and it

10:39:58 wasn't able to build what they wanted to build on this

10:40:00 property.

10:40:01 The logistics of the property, the site, the neighborhood

10:40:05 feeling, everything about this site is the exact same as it

10:40:08 was ten years ago.

10:40:09 It's just the economics have changed.

10:40:12 So let me give you a little further final perspective on

10:40:16 churches in New Tampa.

10:40:17 There are two sites in New Tampa where churches were

10:40:20 originally zoned for, and in fact vacant for years and

10:40:24 years. One was grace Episcopal church site in Tampa Palms

10:40:28 where my children were baptized.

10:40:30 This site was vacant for ten years but was always zoned for

10:40:33 a church until the right church found the location, and they

10:40:36 built, and they have been successful, and everybody welcome

10:40:39 members of the community.

10:40:40 The other site was across the street in Tampa Palms, the

10:40:43 Catholic diocese owned a small parcel.

10:40:46 They were never able to build on it because they needed a

10:40:48 larger site.

10:40:49 They moved out to Cross Creek Boulevard, but that site was

10:40:52 never, ever rezoned.

10:40:54 Today, we have a wonderful Jewish congregation there, temple

10:40:59 Shalom.

10:40:59 So, Mr. Chairman, a church will find this site if we leave

10:41:04 it zoned as a church.

10:41:05 That's what the community wants.

10:41:07 You have ample competent and substantial evidence in the

10:41:10 record tonight to deny this.

10:41:12 You have evidence on both sides of the issue.

10:41:15 This is a jump ball.

10:41:16 Council should do what the neighborhood is asking them to

10:41:19 do.

10:41:19 They have brought three bus loads of people down, and there

10:41:23 is nothing that has changed on this site in the past ten

10:41:26 years that would warrant this rezoning.

10:41:29 Thank you, sir.

10:41:31 >>CHARLIE MIRANDA: Thank you very much, sir.

10:41:32 Appreciate it.

10:41:34 [ Applause ]

10:41:38 Mr. Buckhorn sat right where Mr. Cohen sits.

10:41:42 Next, please.

10:41:43 >> My name is M. white in rich land place.

10:41:53 I also had the pleasure of serving as board president for

10:41:56 the rich land place homeowners association.

10:42:05 Councilman Montelione asked about the impact to the

10:42:08 community.

10:42:08 I can't reiterate enough what has already been said so I

10:42:11 don't think there's much more I can say than to be

10:42:13 emphatically in support of what's been discussed by the

10:42:17 opposition.

10:42:18 With regards to community input, the applicant has met with

10:42:23 us on two occasions, that is true.

10:42:25 The first with the board, with rich land place, and West

10:42:30 Meadows.

10:42:31 During that meeting, their traffic expert was not available.

10:42:35 The traffic expert did attend the second community-wide

10:42:37 meeting in which an equal number of supporters here tonight

10:42:41 were there at that meeting, and of the numerous questions

10:42:45 that were asked that evening, it was somewhat obvious that

10:42:48 the traffic expert was not prepared to answer the questions.

10:42:57 So with regard to that, also, community involvement, we are

10:43:01 here tonight only by council action on December 8 to

10:43:05 continue to tonight because the applicant had to go back and

10:43:11 provide proper public notification.

10:43:13 I believe community involvement, we did not get provided the

10:43:17 adequate sign that we needed to be involved in this process.

10:43:23 Another thing that I can -- talk to is if you will indulge

10:43:28 me for one moment is Mrs. Grimes spoke in regards to the

10:43:33 environmental impact and the inconsistencies with what the

10:43:36 applicant position is as well as what our opposition is.

10:43:40 I'm not an expert in the SWFWMD and so forth.

10:43:46 However, there are some valid points that need to be

10:43:49 recognized an discussed more fully in order to fully make

10:43:52 the proper decisions and approve or disapprove this

10:43:54 particular application.

10:43:55 Thank you.

10:43:57 >>CHARLIE MIRANDA: Thank you very much.

10:43:58 Anyone else whose name has not been called as one of the

10:44:02 seven who have given time to someone else or anyone else who

10:44:06 has not spoken who feels they have to speak, please come

10:44:09 forward.

10:44:09 Thank you very much.

10:44:12 Petitioner, you have five minutes to wrap up.

10:44:14 >> Mr. Chairman, I was watching the clock.

10:44:20 It would be possible to get a little more time?

10:44:22 Because we have a lot of issues that have been raised.

10:44:24 Most of them --

10:44:27 >>CHARLIE MIRANDA: Let's tray to do whatever we have to do.

10:44:29 When we get to that time we'll make a decision.

10:44:31 >> You have just seen everything slammed against the wall.

10:44:43 I don't remember seeing anything like this.

10:44:45 And, Mr. Chairman, I want to apologize if I gave the wrong

10:44:51 impression when I started my comments some hours ago.

10:44:55 I didn't intend to tell you what you had to do.

10:44:59 I was trying to discuss the standard for this hearing, and

10:45:02 frankly this is why.

10:45:04 This is exactly why.

10:45:07 My view of the law -- and you have your own attorney -- but

10:45:11 I believe it's very clear that you apply the existing code

10:45:14 to this project.

10:45:15 And that's all you should consider.

10:45:17 But you can get your own advice from counsel.

10:45:24 I guess one of the examples, we just had a state

10:45:27 representative who had ex parte communications without a

10:45:30 quasi-judicial hearing read us parts of the record from ten

10:45:34 years ago submitted as evidence, I guess.

10:45:40 Let me connect that to I thought he did a tremendous job,

10:45:47 but that was tremendous.

10:45:51 Folks, what the state representative did not mention was

10:45:55 that this group opposed the church use ten years ago, it's

10:45:59 all over the transcript.

10:46:00 I didn't read that part of the transcript in but it's

10:46:03 absolutely true.

10:46:04 They are not NIMNB. They are not opposed to development.

10:46:08 I think each of you understand that they are opposed to

10:46:13 development on this site.

10:46:18 It's not going to stay.

10:46:20 Representative Harrison would love to tell property owners,

10:46:24 I presume, that they should wait ten years, and wait for a

10:46:28 church to come along for their property.

10:46:31 That can apply to all sorts of different kinds of property.

10:46:34 I would love to address in depth every issue raised.

10:46:44 And

10:46:52 One thing you will note, Mr. Cohen took lots of shots at the

10:46:58 methodology.

10:47:01 You never heard Mr. Cohen tell you that there's not capacity

10:47:06 on Highwoods Preserve Parkway.

10:47:08 He didn't tell you that one time.

10:47:09 And there's a reason for that.

10:47:12 He also didn't tell you, you know, he pointed out the 10%

10:47:18 error versus the 24% that should have been in the traffic

10:47:22 study.

10:47:23 Dent tell you that de minimis when you are talking about

10:47:27 less than half of the percent of traffic in the unit

10:47:30 section.

10:47:30 Dent couch it that way.

10:47:31 He asked for a continuance here.

10:47:33 I understand that.

10:47:38 I guess we are told there's no analysis of the daycare or

10:47:41 school driveways.

10:47:42 There's been no queuing analysis.

10:47:44 I think you saw Mr. Horner show you the queuing analysis,

10:47:49 and that's now part of the record, the page that he showed

10:47:51 you earlier.

10:47:52 I mean, frankly, this is based on existing schools.

10:47:56 And there's been absolutely the best kind of analysis done.

10:47:59 We looked at what works.

10:48:00 I mean, charter schools is not looking to operate a facility

10:48:05 that doesn't work.

10:48:06 They do this professionally.

10:48:07 This is what they do.

10:48:12 You know, Mr. Killian also talked about activities and said

10:48:21 why didn't we account for those traffic?

10:48:24 Well, your expert stood up here and told you, that's what

10:48:27 people look at, the traffic engineers look at when they make

10:48:30 these decisions.

10:48:30 It's the Psalm reason we didn't reduce the trips by the

10:48:34 number of people who bike and walk, because that's not the

10:48:37 way the traffic analysis works.

10:48:44 I'm just looking -- I have a million things here.

10:48:48 You know, Mrs. Grimes talked about the consistency of the

10:48:51 rezoning application, the charter school.

10:48:54 Folks, every one of you understand that we are not trying to

10:48:58 pull anything over on the City of Tampa.

10:49:01 We are not trying to show you one plan the district and the

10:49:07 district another plan.

10:49:07 It's ridiculous.

10:49:08 We are going to be planned by the -- bound by the plan you

10:49:11 approve and Ms. Grimes understands that, too.

10:49:15 She mentioned there's no commitment on things like buses,

10:49:18 hours of operation, and sidewalks.

10:49:21 Folks, we are happy to put those on the site plan.

10:49:24 They never asked to put those on the site plan.

10:49:34 And this is why.

10:49:35 This is absolutely why.

10:49:36 And we are talking about sidewalks.

10:49:37 I think Ms. Grimes understands that there's a provision that

10:49:41 applies to local city code requirements.

10:49:43 It's a code requirement.

10:49:44 Absolutely we'll comply with that. Folks, we are talking

10:49:48 about a school.

10:49:50 >>CHARLIE MIRANDA: Let me stop here and ask the council for

10:49:51 consideration of additional time.

10:49:52 How much more time do you need for the total wrap-up of

10:49:56 yours and your traffic analysis expert if she's going to

10:49:58 testify?

10:49:59 >> I think 15 minutes will do.

10:50:07 >>MIKE SUAREZ: Mr. Chair, if we could split the baby and

10:50:14 give seven and a half minutes.

10:50:16 >>CHARLIE MIRANDA: Let me say this just from my perspective

10:50:18 of being here a long time.

10:50:19 Seven and a half minutes is not going to make a difference

10:50:21 in my life but it will make a difference possibly in the

10:50:25 court of law so I am going go with 15 if you don't mind.

10:50:29 I have a motion by Mrs. Montelione, seconded by Mr. Cohen.

10:50:32 All in favor indicate by saying aye.

10:50:34 Opposed, nay.

10:50:35 The Ayes have it unanimously.

10:50:36 Thank you very much for your consideration.

10:50:37 I will do that on most other issues, but you have 15 minutes

10:50:41 total.

10:50:41 >> Thank you, Mr. Chairman.

10:50:48 I will be short so our consultants can address.

10:50:51 Because we are trying to address issues that were raise --

10:50:55 raised in the course of two hours.

10:50:56 We are doing our best here.

10:50:58 Folks, Mr. EIMS raised the change of the statute this year

10:51:03 regarding charter schools.

10:51:05 The statute, and it absolutely does not say that charter

10:51:11 schools must go through the identical process as public

10:51:15 schools.

10:51:16 It's not what it says.

10:51:18 It's to be treated equitably. It's something again you need

10:51:21 to ask your counsel about.

10:51:24 Much of her argument was based on -- and this is something

10:51:27 you need in the future -- much of the argument is based on

10:51:31 removing trees from a wooded site.

10:51:36 Absolutely, we are in this process to develop the site. Our

10:51:40 site plan is absolutely -- through natural resources on the

10:51:45 property and existing trees.

10:51:47 The code says that the 25% requirement applies to wooded

10:51:51 sites.

10:51:52 I know Ms. Grimes mentioned a number of trees that were

10:51:56 being removed several times.

10:51:58 Our job is to comply with the code.

10:52:00 That's all we can do.

10:52:02 If you would -- the number of trees on the site, the

10:52:06 percentage is right.

10:52:08 The numbers don't really matter.

10:52:12 I'm just looking at the fire code.

10:52:15 I guess she alleged -- the code says we have to mitigate for

10:52:23 them.

10:52:23 Your staffer stood up here and told them that's what she

10:52:26 did.

10:52:26 That's what she did with Mr. Rodriguez, analyze the traffic

10:52:30 impacts.

10:52:31 The thing the site hasn't been analyzed is a little

10:52:37 beyond -- we worked with staff, solicited input from

10:52:40 neighbors.

10:52:41 The input that we didn't observe was don't build your

10:52:44 project, don't proceed with your application.

10:52:52 I guess the other allegation, the other thing she alleges,

10:52:55 we had to have 50% residential on this parcel.

10:53:03 Your staff doesn't agree with that.

10:53:04 We don't agree with that interpretation.

10:53:06 Certainly, when the church that Mr. Harrison voted on ten

10:53:10 years ago, when that was approved, they certainly didn't

10:53:14 require 50% residential for that project.

10:53:17 They can do church, and they can do daycare.

10:53:22 It's the Psalm thing we have here, folks.

10:53:24 And again, I understand the strategy of throwing against the

10:53:29 wall but I want you to understand that's what's been done

10:53:31 here.

10:53:33 You know, we have got all the analyses required by the code,

10:53:37 all the analyses required by your comp plan, and those

10:53:40 required by your staff.

10:53:41 Everything has been done here.

10:53:43 Mr. Cohen and Ms. Grimes have argued the things that he we

10:53:51 didn't comply with those things, but we worked with staff

10:53:53 for months.

10:53:54 Bee absolutely have.

10:53:57 You know, you saw Mr. Horner's graphic earlier about Clark

10:54:00 elementary school with homes backing right up to it.

10:54:02 Take a careful look at the site plan that's in your packet.

10:54:06 The buffering here is tremendous.

10:54:10 Understand that people don't want the project developed.

10:54:12 But the buffering here, it's unparalleled.

10:54:15 The setbacks are unparalleled.

10:54:17 Compare that to Clark elementary, and there really is no

10:54:20 comparison.

10:54:23 I'm looking through my other comments.

10:54:26 What I would like to do is have Mr. Horn era dress you for a

10:54:29 little bit of time, and then have Ms. Rodriguez as well.

10:54:33 But we are talking about changing church and daycare, the

10:54:36 school and daycare.

10:54:38 The staff told you this is a neighborhood support use.

10:54:43 If the residents told you that they are not NIMN -- well,

10:54:50 the church told you these things ten years ago.

10:54:53 It's in the record.

10:54:53 And they imposed the overpass as well.

10:54:56 So what we are asking is to apply the code to this site, and

10:54:59 this is the reason we have standard, because we don't have a

10:55:04 vocal minority controlling long-term land use decisions.

10:55:10 >>CHARLIE MIRANDA: You have a little over nine minutes left.

10:55:12 But go on.

10:55:12 >> Michael Horner: I'll be brief.

10:55:15 For the last time and I want -- again, Michael Horner, for

10:55:21 the record.

10:55:22 Board members, I have been in this business 30-plus years.

10:55:28 I have yet to encounter a realtor or a neighborhood or an

10:55:32 organization of an association that said we have too many

10:55:38 good schools, that good schools are not a positive benefit

10:55:43 to the neighborhood.

10:55:46 The first thing a parent asking asks, or a family looking

10:55:50 for a house, is typically how many schools in the area, and

10:55:54 what are the ranking of those schools?

10:55:57 Everybody wants choices.

10:55:59 I heard Mr. Harrison, former council member, read from a

10:56:03 transcript 2001.

10:56:06 Mr. Smith is absolutely correct.

10:56:07 And I believe he quoted that Mr. Steady, the attorney for

10:56:10 the church in 2001, stated, we'll be subject to all zoning

10:56:16 codes and restrictions.

10:56:17 We can't do anything big or bad, paraphrasing here.

10:56:23 The zoning code and the restrictions adopted in 2001 had a

10:56:27 floor area ratio of .50.

10:56:30 50%.

10:56:31 It had a lot coverage of 40% compared to our 5.3% lot

10:56:37 coverage, 0.9% F.A.R.

10:56:40 The reason they would want to agree to all the conditions,

10:56:44 because there were no conditions.

10:56:45 They could have easily accommodated a large church, an

10:56:50 Idlewild Baptist church on that site.

10:56:52 The reason they did not offer that -- the reason they did

10:56:58 not offer that is because they knew council didn't want to

10:57:02 hear that for the approval so of course they are going to

10:57:05 say we just want to have a little ten-student nursery and a

10:57:09 congregation of 100 or 200 people.

10:57:12 We have submitted those standards into the record, council

10:57:14 members.

10:57:15 We have agreed to the F.A.R. cap.

10:57:17 We have agreed to the footprint cap.

10:57:18 We have agreed to the setbacks.

10:57:20 We have agreed to protection.

10:57:23 We have detailed a -- filed a detailed site plan.

10:57:26 No site plan on this currently.

10:57:29 The transcript of that 2001 be hearing, Mr. Harrison said,

10:57:33 Mr. Chairman, I'm happy to move this ordinance.

10:57:35 I think I hear the concerns of the folks that are living

10:57:37 there.

10:57:38 I think the reality of the situation is that if you don't

10:57:41 get this, you are going to get apartments there.

10:57:43 That seems to be what happens in New Tampa.

10:57:46 And I don't think that anyone is going to be happy with that

10:57:49 as a result.

10:57:51 These neighbors did not want that PD in 2001 at all.

10:57:55 Substantial, competent testimony into the record.

10:57:59 We are approved for 66 multifamily.

10:58:02 This is -- Mr. Harrison said be careful of, that could

10:58:07 happen.

10:58:07 Ten years is long enough to wait.

10:58:09 We have a school that wants to locate on a site that has

10:58:11 been approved and allocated for residential support here.

10:58:15 The realtor that testified earlier indicated that he jogged

10:58:19 and walks and loves it serene and quiet.

10:58:23 I tray to juxtapose that with back to back traffic and a

10:58:26 terrible place to live.

10:58:28 I will defer to your professional staff on the

10:58:31 recommendations and the findings of fact entered into the

10:58:34 record and their report.

10:58:36 If you have a question of Mr. Garcia -- and I think very

10:58:40 clearly stating his interpretation -- can you imagine a

10:58:43 one-acre daycare center, outparcel, now being required to

10:58:47 have a house next to it to meet the requirement for

10:58:51 residential?

10:58:52 It's not how the rules apply.

10:58:53 In terms of the tree coverage, we are meeting the 25%

10:58:58 minimum.

10:58:58 We have no grand oak trees on this site.

10:59:00 We have an elaborate tree preservation, tree protection

10:59:03 plan.

10:59:03 We made that part of the record.

10:59:05 We have the architect, we have not shied away from any of

10:59:10 those responsibilities.

10:59:11 In terms of the public notice, my, I put them out twice.

10:59:17 We posted those signs, not once but twice.

10:59:19 I sent e-mails to Richmond place.

10:59:21 I contacted by phone.

10:59:24 I contacted everybody I could.

10:59:27 In fact, Abbye Feeley has e-mails in the record that says

10:59:32 why are we not hearing anything?

10:59:34 Why is no one contacting my office?

10:59:37 I have been contacting Mrs. Montelione's office.

10:59:40 Talked to her aide.

10:59:42 I said, this is weird, we have a big petition in Tampa

10:59:44 Palms, West Meadows. We have no one talking to us.

10:59:47 He said, they are all down here screaming.

10:59:50 You would think they would call us.

10:59:52 Then we arrange meetings.

10:59:53 We told them, date, time, 20 minutes notice, I'll be out

10:59:58 there, we'll have a sit-down session.

11:00:00 I will sit in implore living room.

11:00:03 Come to my office.

11:00:06 I'll give you hundreds of e-mails out to residents.

11:00:09 We are putting ourselves out there.

11:00:10 We have agreed to all the conditions of record.

11:00:12 We have far exceeded the minimum requirements, an

11:00:19 appropriate use.

11:00:19 You don't pay your staff.

11:00:24 The dollars you do and resources you allocate.

11:00:26 You don't pay them to come up and just fudge things.

11:00:32 You have one of the most competent staff members, Abbye

11:00:34 Feeley, Tony Garcia.

11:00:37 Read those findings of fact.

11:00:39 Read our reports.

11:00:40 We have bound ourselves to those conditions.

11:00:42 We are consistent with every applicable criteria.

11:00:45 Thank you.

11:00:49 >>CHARLIE MIRANDA: Thank you very much.

11:00:49 >> How many minutes?

11:00:51 >>CHARLIE MIRANDA: You have approximately a little less than

11:00:53 five, really.

11:00:54 >> I can do it.

11:00:55 Libby Rodriguez again.

11:00:58 I want to address Randy Coen's comment.

11:01:00 As Melanie pointed out, the school was in there, and the PM

11:01:06 peak hours of the school and the adjacent roadway system do

11:01:11 not coincide into the p.m. peak hour of the school, it's

11:01:14 like two or three, I think it says 3:30, and the church

11:01:17 school package.

11:01:19 And so the 3 p.m. peak hour it shows up as zero.

11:01:25 And he knows that. And we all know that. But it shows up

11:01:29 as zero. But it doesn't mean that I just base the school.

11:01:35 He says I didn't include the bridge traffic.

11:01:39 As Melanie again pointed out, I escalated my count with a

11:01:48 growth rate to account for that.

11:01:50 There's a lot of different ways to project future traffic,

11:01:54 models, growth rate, but the thing is, I did -- the way I

11:01:59 agreed to do it with city staff, in good faith, and I got it

11:02:04 approved using that methodology.

11:02:08 The driveways were done a little bit differently, and a

11:02:11 little better than we usually do them.

11:02:13 You were asking Mr. Suarez, as far as like how do we do the

11:02:18 driveways when it's not out there yet.

11:02:21 And so what we usually do is project future traffic for the

11:02:26 school, but we could do one better and actually, I didn't do

11:02:31 it, the civil engineer McNeil did it.

11:02:34 He went out to their existing site and actually did the

11:02:41 queue analyses based on what was actually there as opposed

11:02:47 to me estimating.

11:02:48 And so it was done a little differently than it usually is,

11:02:51 because we had real information instead of estimates.

11:02:55 So it was done but it wasn't included in that traffic study

11:02:59 because the civil engineer did it and not the traffic

11:03:01 person.

11:03:03 As Melanie stated, the p.m. peak hour is the worst case

11:03:08 overall, and so the city told us to do, and that's what we

11:03:12 did.

11:03:13 One of the residents said that I didn't answer all of the

11:03:16 questions at the neighborhood meeting, and that's right

11:03:18 because they were asking lots and lots and lots of

11:03:21 questions, and some of them were just outside the scope of

11:03:23 my traffic study, and I don't have hundreds of facts in my

11:03:32 head, so okay in those cases whats gave those people a

11:03:35 business card and said, I will answer any questions that you

11:03:37 have, get ahold of me.

11:03:40 I didn't get any calls at my e-mail address, and my physical

11:03:44 address, and my phone number on my business card, and I

11:03:48 didn't get any calls, but I got two e-mails, and they wanted

11:03:52 packages. I forwarded those to Mike horner and he forwarded

11:03:56 those people packages.

11:03:57 So I didn't not do what was asked of me at the meeting.

11:04:01 But I really wanted to summarize these questions.

11:04:06 There was just the one by the resident and the rest by Mr.

11:04:09 Cohen by saying that in summary I had a methodology that the

11:04:14 city gave me to do the traffic study.

11:04:17 I did the traffic study.

11:04:19 They gave me four comments back asking different questions

11:04:22 about the traffic study.

11:04:23 I answered those four comments.

11:04:27 They wrote me back and said we approve your traffic study,

11:04:30 and then we came up with mitigation for our impacts out

11:04:33 there at Bruce B. Downs.

11:04:34 And so it's like in good faith, I did exactly what was asked

11:04:39 of me, and that's kind of really the bottom line.

11:04:46 I hope a dressed all of those details as well.

11:04:49 Do you have any questions?

11:04:51 >>CHARLIE MIRANDA: Any questions by council members at this

11:04:52 time?

11:04:53 I don't see any.

11:04:58 Julia Cole?

11:04:59 >>JULIA COLE: Legal department.

11:05:04 Before you close the public hearing there are a couple of

11:05:06 legal issues that I want to put in the record and bring to

11:05:08 your attention.

11:05:09 First there was an issue raised about whether or not notice

11:05:11 was properly given, and for the court reporter, for purposes

11:05:15 of the record, my review of the record indicates all of the

11:05:18 City of Tampa notice requirements have been met, and it's

11:05:21 appropriate for this case to be moving forward tonight.

11:05:27 The second issue I wanted to raise was there was some issues

11:05:31 raised regarding the process for a charter school to be

11:05:35 reviewed by City Council, given the changes to state law.

11:05:38 I had an opportunity to review those issues, look at the

11:05:41 different changes in state law, as well as our interlocal

11:05:44 agreement with the Hillsborough County school board.

11:05:47 It is not clear on the face of that new law, at least in my

11:05:51 opinion, as to whether or not the exact process needs to

11:05:55 be -- for the siting of a new public school.

11:06:00 All of that being said I think the appropriate action for

11:06:03 council today in order to show that we have made our best

11:06:06 effort to meet with the state law requirements for the

11:06:10 siting of public schools is to when you move forward and

11:06:14 make your decision, regardless of whether or not you vote to

11:06:20 approve it or vote to disapprove it, that whatever motion

11:06:23 you make includes a determination that their provisions of

11:06:27 the comprehensive plan, that this application is consistent

11:06:30 with the provisions of the comprehensive plan.

11:06:32 As you know, when you deny an application, you typically

11:06:35 have to make findings.

11:06:36 I am going ask whether or not you a professor just deny this

11:06:40 application that you, whoever is the maker of that motion,

11:06:43 goes ahead and makes the motion and includes within the body

11:06:45 of that motion that it is consistent with the comprehensive

11:06:48 plan, so that way, the state law, which does require there

11:06:53 to be a determination of consistency with the comprehensive

11:06:56 plan, when there is a new public school which is being

11:07:00 sited, in my opinion, will have been met.

11:07:04 I also want to state for the purposes of the record and so

11:07:07 that City Council understands, City Council is the ultimate

11:07:10 determiner of consistency with comprehensive plan when it

11:07:12 comes to land development decisions.

11:07:16 This decision is no different.

11:07:17 You are always in the process of making that decision.

11:07:20 This is just a little bit different in the sense that as a

11:07:23 charter school, and because of the changes to state law, you

11:07:27 are making that determination for the purposes of not just

11:07:32 land use decision but for compliance to state law.

11:07:36 You have the staff report.

11:07:39 The Planning Commission staff report as well as land

11:07:42 development staff report has in it the comprehensive plan

11:07:45 provisions that you are looking at, as well as I did not get

11:07:49 a chance to review the information which was submitted by

11:07:53 the applicant, but I did review the information that was

11:07:56 submitted by Ms. Grimes as part of her presentation, and she

11:07:59 also provided you with the provisions of the comprehensive

11:08:01 plan that you would be looking for in making that

11:08:06 determination.

11:08:07 And if there's any additional questions on any of those

11:08:10 issues, I would be happy to answer them.

11:08:12 But that's really the context of your decision in this

11:08:15 matter.

11:08:16 >>CHARLIE MIRANDA: Thank you very much.

11:08:16 >>LISA MONTELIONE: I have a question for Ms. Cole.

11:08:24 Regarding what you just said about the comprehensive plan.

11:08:27 And I just want to be absolutely clear for the record.

11:08:31 When the motion is made, either to a professor to deny,

11:08:36 reference to the comprehensive plan, needs to be included,

11:08:41 whether it is on one side or is not consistent with the

11:08:45 comprehensive plan, so that you can go toward looking at

11:08:56 whether or not the state law that applies, because it was my

11:09:03 intention at the end of all of this to direct legal to

11:09:05 review the school board decision making, and they are

11:09:12 approving charter schools and giving them their approval and

11:09:18 their blessing to move forward when we have a totally

11:09:21 different process, and the two seem to not be in sync.

11:09:28 So I do want to direct legal staff to try and make sense of

11:09:34 how the new state law and how the school board's process,

11:09:38 and how our processes intersect.

11:09:42 Does that also need to be included in that motion?

11:09:44 >> You should not include that as part of your motion

11:09:46 relating to this application, but certainly if you want to

11:09:48 take that position after this case given the highlight of

11:09:50 the new state law and how it interplays into the existing

11:09:55 process that we have for the siting of public schools, I

11:10:00 think that's appropriate.

11:10:01 But for the purposes of this case, given the state law which

11:10:05 was referenced relating to charter schools and the

11:10:08 obligation that they are treated a manner consistent with