TAMPA CITY COUNCIL
Thursday, February 9, 2012
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05:04:34 >>CHARLIE MIRANDA: City Council is called to order.
05:04:40 Roll call?
05:04:41 [Roll Call]
05:04:44 >>MIKE SUAREZ: Here.
05:04:46 >>FRANK REDDICK: Here.
05:04:48 >>HARRY COHEN: Here.
05:04:51 >>CHARLIE MIRANDA: Here.
05:04:51 >>CHARLIE MIRANDA: I need to open public hearings, items 1
05:04:55 through 4.
05:04:56 >> So moved.
05:04:57 >> Motion by Mr. Cohen, second by Mr. Reddick.
05:04:59 Further discussion of the motion, all in favor of the
05:05:02 motion, please indicate by saying aye.
05:05:03 The ayes have it unanimously.
05:05:05 Items 1 through 4 are now open.
05:05:07 First one is an ordinance presented for consideration on
05:05:17 zoning matters.
05:05:22 Item one.
05:05:24 >> Thank you, council.
05:05:25 Catherine Coyle, land development.
05:05:27 Item one, general corrections to Chapter 27 zoning.
05:05:32 I'll go ahead and defer to Mr. Garcia first, just to give
05:05:38 the report from the Planning Commission.
05:05:40 >> Tony Garcia, Planning Commission staff.
05:05:42 Planning Commission workshopped this with land development
05:05:45 coordination staff in front of the Planning Commission in
05:05:47 Subsequent we had a public hearing -- not a public
05:05:50 hearing -- our regular meeting with the Planning Commission
05:05:52 on January the 9th.
05:05:54 We found all the requests to the changes to Chapter 27
05:05:57 consistent with the comprehensive plan.
05:05:59 Thank you.
05:05:59 >>CHARLIE MIRANDA: Thank you very much.
05:06:00 Ms. Coyle?
05:06:03 >>CATHERINE COYLE: Catherine Coyle, land development, zoning
05:06:03 administrator for the city.
05:06:07 Just to be brief, the general corrections which we
05:06:09 workshopped last year, and then moved to Planning Commission
05:06:12 and now back for first reading.
05:06:15 There are about four or five different sections where these
05:06:17 are literally cleanup items.
05:06:19 Different processes have been adopted, like the alternative
05:06:22 design process or exception versus the administrative
05:06:26 Solid waste section is being changed from, a correction to a
05:06:28 word minimum versus maximum.
05:06:30 There's a couple corrections, reference to the
05:06:32 transportation manual as opposed to the concurrency manual.
05:06:37 Basically items for item one.
05:06:40 We just ask for your approval.
05:06:42 Thank you.
05:06:42 >> Motion to close.
05:06:44 >>CHARLIE MIRANDA: Well, anyone in the audience care to
05:06:46 speak on item number 1?
05:06:48 I see no one.
05:06:49 I need a motion to close.
05:06:50 >> Motion to close.
05:06:52 >>CHARLIE MIRANDA: Motion made by Mr. Cohen, second by
05:06:54 Mr. Suarez.
05:06:56 All in favor, please indicate by saying aye.
05:06:57 The ayes have it unanimously.
05:06:59 Mr. Cohen, would you kindly take the ordinance for first
05:07:02 >>HARRY COHEN: Thank you, Mr. Chair.
05:07:03 I move an ordinance being presented for first reading
05:07:06 consideration, an ordinance of the City of Tampa, Florida
05:07:08 relating to general corrections, making revisions to City of
05:07:12 Tampa code of ordinances, Chapter 27, zoning, amending
05:07:16 section 27-92.
05:07:17 Permitted projections into required yards, amending section
05:07:21 27-132, solid waste, amending section 27-323, review
05:07:27 procedure, amending section 27-325, RO, RO-1 and CN
05:07:34 district, repealing all ordinances or parts of ordinances in
05:07:36 conflict therewith; providing for severability; providing an
05:07:41 effective date.
05:07:42 >> Second.
05:07:42 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
05:07:44 Mr. Suarez.
05:07:45 All in favor of the motion, please indicate by saying aye.
05:07:47 Opposed nay?
05:07:49 The ayes have it unanimously.
05:07:50 >> Motion carried with Capin, Mulhern and Montelione being
05:07:54 Second reading and adoption will be on March the first at
05:07:57 9:30 a.m.
05:07:59 >>CHARLIE MIRANDA: Thank you very much.
05:08:00 Item number 2.
05:08:02 >>CATHERINE COYLE: Thank you, Catherine Coyle, land
05:08:03 development again.
05:08:04 Item number two is dealing with nonconformities.
05:08:07 As we mentioned in the previous workshop, I believe October
05:08:11 of last year, there was recent case law that clarified the
05:08:15 different type of evidence used for intent to abandon and
05:08:18 nonconforming use or structure.
05:08:19 That language was modified and then placed within the code,
05:08:23 it basically clarifies the standards that we'll use to make
05:08:26 the determination of a nonconformity.
05:08:28 It does provide criteria for people to actually provide us
05:08:31 evidence, including any available public records.
05:08:35 It can even be personal records, such as photographs, lease
05:08:39 agreements and so on.
05:08:40 It really clarifies for the public, if they are trying to
05:08:43 have us make a determination on a nonconformity, what they
05:08:46 would supply.
05:08:46 Previously, the code was silent to that.
05:08:49 And it was just, whatever they could provide us, and we kind
05:08:52 of made it up as we went along the best we could.
05:08:54 This actually does clarify that standard.
05:08:57 And it runs right along with the case law that set forth
05:09:00 those determinations within the last few years.
05:09:02 And I'm available for any questions.
05:09:06 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
05:09:08 item number two?
05:09:09 Item 2?
05:09:11 I see no one.
05:09:12 >> Motion to close.
05:09:13 >> Second.
05:09:13 >>CHARLIE MIRANDA: Motion by Mr. Suarez to close, second by
05:09:16 Mr. Cohen.
05:09:17 All in favor of that motion, please indicate by saying aye.
05:09:19 Opposed nay.
05:09:20 The ayes have it unanimously.
05:09:21 Mr. Reddick, would you kindly take number two?
05:09:25 >>FRANK REDDICK: Thank you, Mr. Chair.
05:09:26 Move ordinance being presented for first reading with
05:09:28 An ordinance of the City of Tampa, Florida relating to
05:09:31 nonconformities, making revisions to the City of Tampa code
05:09:35 of ordinances, Chapter 27, zoning, amending section 27-292,
05:09:41 intent concerning nonconformities generally, amending
05:09:45 section 27-297, nonconformity uses of major structures or
05:09:50 structures, and premises in combination, repealing all
05:09:56 ordinances or parts of ordinances in conflict therewith,
05:09:58 providing for severability, providing an effective date.
05:09:59 >> Second.
05:09:59 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
05:10:01 Mr. Cohen.
05:10:03 Discussion of Councilmembers? All in favor of the motion,
05:10:07 please indicate by saying aye.
05:10:07 Opposed nay.
05:10:08 The ayes have it unanimously.
05:10:09 >> Motion carried with Capin, Mulhern and Montelione absent.
05:10:13 Second reading and adoption March 1st, 9:30 a.m.
05:10:18 >>CHARLIE MIRANDA: Number three.
05:10:22 >>CATHERINE COYLE: Item three is the last piece of the
05:10:24 puzzle for the Ybor parking standards.
05:10:26 Just a couple years ago, council moved forward on the
05:10:29 standards themselves for the design and layout of the
05:10:32 parking lot.
05:10:32 This is the last remaining piece dealing with the personnel
05:10:36 that monitors those parking lots.
05:10:37 It was kicked around in the administration, previous
05:10:40 administration, the YCDC also dealt with this particular
05:10:44 Now it's back and this is the last piece dealing with those
05:10:47 Just a very quickly state for the record, at least one
05:10:50 employee has to be on duty, Thursday, Friday, Saturday, from
05:10:53 10:00 p.m. until 4:00 a.m.
05:10:56 There are lighting standards lore previously adopted as well
05:10:58 as design standards that were previously adopted.
05:11:00 I believe Mr. Pardo is here as well, he could speak to it if
05:11:07 he wishes.
05:11:07 We're simply asking for your approval.
05:11:09 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
05:11:11 item number 3?
05:11:12 Seeing no one, need a motion to close.
05:11:15 >> So moved.
05:11:16 >>CHARLIE MIRANDA: Motion by Mr. Cohen to close, second by
05:11:18 Mr. Suarez.
05:11:18 Further is discussion by Councilmembers?
05:11:20 All in favor of the motion, please indicate by saying aye.
05:11:24 Opposed nay.
05:11:25 The ayes have it unanimously.
05:11:25 Mr. Suarez, would you kindly take number three?
05:11:29 >>MIKE SUAREZ: Thank you, Mr. Chair.
05:11:30 An ordinance being presented for first reading
05:11:32 consideration, an ordinance of the city of 278, Florida
05:11:35 relating to parking lot personnel requirements in Ybor,
05:11:38 making revisions to City of Tampa code of ordinances,
05:11:41 Chapter 27, zoning, amending section 27-180, alternative
05:11:47 parking requirements.
05:11:50 Repealing all ordinances or parts of ordinances in conflict
05:11:50 therewith:providing for severability:providing an effective
05:11:57 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
05:11:59 Mr. Reddick.
05:12:01 All in favor of that motion, please indicate by saying aye.
05:12:03 Opposed nay.
05:12:04 The ayes have it unanimously.
05:12:05 >> Motion carried with Capin, Mulhern and Montelione being
05:12:08 Second reading and adoption will be on far miles an hour --
05:12:11 March 1st at 9:30 a.m.
05:12:13 >>CHARLIE MIRANDA: Okay, the next one some public hearing on
05:12:21 >>CATHERINE COYLE: This is for downtown CD's B zoned parking
05:12:26 This is the process we have been going over for a year,
05:12:28 working the Tampa downtown partnership as well as all
05:12:31 stakeholders, including parking lot owners, as well as
05:12:35 neighborhood representatives and other business interest
05:12:36 that utilize these parking lots and or run them.
05:12:39 The last workshop you had, you had a couple operators come
05:12:42 forward and just discuss a couple different items that they
05:12:44 were really looking for.
05:12:46 We had no major opposition to the language.
05:12:48 In one in particular was allowing tandem parking, as long as
05:12:52 the lot actually had an attendant taking the keys so they
05:12:56 could maneuver the vehicles.
05:12:57 That was added, as well as we did work with the
05:13:00 representative is actually here, working with them on some
05:13:03 additional allowances for trees that are to be planted
05:13:10 There are physical constraints, you'll it in the graphics on
05:13:13 pages 29 through 32.
05:13:15 You'll notice in each one, there's a different variation of
05:13:20 parking, landscaping and so on, because there are options
05:13:24 depending on which parking zone you're in.
05:13:26 There is a tradeoff now that through an alternative design,
05:13:30 you could place the tree within the ten foot sidewalk.
05:13:33 If there's a physical constraint on-site.
05:13:35 We -- that actually mirrors the streetscape standards that
05:13:39 we have downtown.
05:13:40 There's a maintenance covenant that goes with that.
05:13:42 That's why the trees are actually in the right-of-way now.
05:13:44 So there is that trade-off allowed.
05:13:47 There are three parking zones, as I mentioned.
05:13:51 The north and the south are where most of the redevelopment
05:13:55 will occur.
05:13:55 It is a minimized standard.
05:13:58 There do need to be real stops, minimal plantings, limited
05:14:02 pavement, if any at all.
05:14:05 The core zone is where you'd have more developed parking
05:14:08 There is one correction that we'll need to make between
05:14:11 first and second reading.
05:14:13 When Mr. Callahan made this graphic, there's two lines that
05:14:16 were missing right here.
05:14:17 So this black line will connect between Washington and
05:14:22 Running along Pierce and Jefferson.
05:14:25 We'll make that correction in the second reading copy.
05:14:27 As long as you can direct in your approval, then we'll be
05:14:31 I'm available for any questions, thank you.
05:14:33 >>CHARLIE MIRANDA: Anyone in the public here to speak on
05:14:35 item number 4?
05:14:36 This is a public hearing on item number four.
05:14:39 >> Motion to close.
05:14:39 >> Second.
05:14:40 >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, second
05:14:42 bring Cohen.
05:14:42 Fall favor of the motion, please indicate by saying aye.
05:14:44 Opposed nay?
05:14:46 The ayes have it unanimously.
05:14:46 Mr. Cohen, will you kindly take number four?
05:14:53 >>HARRY COHEN: Thank you motorcycles chair.
05:14:54 I move an ordinance of the City of Tampa, Florida, relating
05:14:58 to parking lots in the central business district.
05:15:00 Making revisions to City of Tampa code of ordinances,
05:15:04 Chapter 27, zoning, amending section 27-438, official
05:15:10 schedule of permitted principal, accessory and special uses,
05:15:14 amending section 27-441, development design regulations.
05:15:19 Amending section 27-442, parking requirements.
05:15:27 Repealing all ordinances or parts of ordinances in conflict
05:15:27 therewith:providing for severability:providing an effective
05:15:31 >> Second.
05:15:32 >>CHARLIE MIRANDA: Have a motion on item number 4 by
05:15:34 Mr. Cohen, second by Mr. Suarez.
05:15:37 Further discussion by Councilmembers?
05:15:39 All in favor of the motion, please indicate by saying aye.
05:15:41 Opposed nay.
05:15:43 The ayes have it unanimously.
05:15:44 >> Motion carried with Mulhern being absent.
05:15:46 Second reading and adoption will be on March 1st at
05:15:49 9:30 a.m.
05:15:52 >>CHARLIE MIRANDA: Okay.
05:15:53 We now go to items 12 and 13.
05:16:01 These are staff reports.
05:16:03 They were put on this agenda from a prior agenda.
05:16:05 We'll listen to the report.
05:16:09 Then we'll go to public comments.
05:16:14 >> Good evening, Council.
05:16:16 Top theming growth management, development services.
05:16:18 Item 12, we're requesting the approval of the agreement for
05:16:22 the City of Tampa to use a consultant to prepare our five
05:16:26 year annual consolidated action plan.
05:16:29 I have had a chance to brief each of the Councilmembers
05:16:33 individually on this plan.
05:16:35 And I will answer any questions if you have further
05:16:37 questions about the agreement.
05:16:40 >>CHARLIE MIRANDA: Any questions by Councilmembers?
05:16:41 Let me go to the public.
05:16:44 Anyone in the public would like to speak on this item?
05:16:48 I see no one.
05:16:51 >> Move the resolution.
05:16:54 >> Second.
05:16:54 >>CHARLIE MIRANDA: So made by Mr. Reddick.
05:16:56 Seconded by Mr. Suarez.
05:16:57 On item number 12.
05:16:59 All in favor of the motion, please indicate by saying aye.
05:17:00 Opposed nay?
05:17:02 The ayes have it unanimously.
05:17:03 Item 13.
05:17:05 >> 13 is the associated motion that identifies the line
05:17:10 items and the funding sources.
05:17:11 The various HOME, HOPWA and CDBG funding sources.
05:17:18 It's a financial resolution that moves the money to the
05:17:20 appropriate line account.
05:17:22 >>CHARLIE MIRANDA: Before I take this vote, anyone in the
05:17:23 public care to speak on item number 13?
05:17:26 I see no one.
05:17:28 >> I move ordinance 13.
05:17:29 I mean resolution.
05:17:32 >>CHARLIE MIRANDA: Moved by Mr. Suarez, second by Mr.
05:17:35 All in favor of that motion on item 13, please indicate by
05:17:39 saying aye.
05:17:39 Opposed nay.
05:17:40 The ayes have it unanimously.
05:17:41 >> Counsel, thank you for your time.
05:17:43 >>CHARLIE MIRANDA: Thank you very much, sir.
05:17:44 All right, information reports by Councilmembers.
05:17:46 We go from left to right.
05:17:54 >>LISA MONTELIONE: Thank you, sir.
05:17:56 I have two motions that I'd like to make, the first one is
05:18:01 for a letter to be prepared for the Chairman's signature to
05:18:06 our state legislative delegation in support of house bill
05:18:11 And senate bill 342, which would use existing cigarette tax
05:18:15 funds to build a new clinical and research facility at
05:18:19 Moffitt cancer center.
05:18:20 This project could potentially bring 3,000 construction jobs
05:18:22 and another 1,000 permanent jobs into health care field.
05:18:28 >> Second.
05:18:29 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, second
05:18:31 by Mr. Cohen.
05:18:32 All in favor of the motion, please indicate by saying aye.
05:18:34 Opposed nay.
05:18:35 The ayes have it unanimously.
05:18:37 >>LISA MONTELIONE: And my second motion is to have the
05:18:42 Hillsborough County MPO staff make a ten minute preparation
05:18:45 to counsel on -- Council on the 2035 plan post referendum
05:18:51 analysis, phase two report, to our Council at regular
05:18:54 session on Thursday, March 15th at 9:00 a.m.
05:18:57 >> Second.
05:18:58 >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
05:19:00 Mr. Suarez.
05:19:02 All in favor of that motion, please indicate by saying aye.
05:19:03 Opposed nay.
05:19:05 The ayes have it unanimously.
05:19:06 Thank you very much, Mr. Cohen?
05:19:09 >>HARRY COHEN: No new business.
05:19:10 >>CHARLIE MIRANDA: Mr. Reddick.
05:19:12 >>FRANK REDDICK: Two items and one announcement.
05:19:14 First motion is to add Brian Johnson from the waste
05:19:18 management department to be a part of that ten minutes
05:19:23 presentation by Bellus solar that's scheduled to speak
05:19:33 before us for ten minutes on -- what date that is?
05:19:40 March 22nd.
05:19:43 >>CHARLIE MIRANDA: If not, we'll get that corrected.
05:19:48 >> February 16 at 9:00 a.m.
05:19:57 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, date has
05:20:00 been set for -- what was that date again?
05:20:03 >> February 16th.
05:20:05 >>CHARLIE MIRANDA: February 16th.
05:20:06 Second by Mrs. Montelione.
05:20:09 All in favor of that motion, please indicate by saying aye.
05:20:11 Opposed nay.
05:20:13 The ayes have it unanimously.
05:20:15 >>FRANK REDDICK: Other item, Mr. Chair, want to provide the
05:20:19 Ybor City merchant association a ten minute, allow ten
05:20:23 minute preparation to come before the Council to explain
05:20:26 some of the Reservation, concerns they have pertaining to
05:20:31 >> Second.
05:20:31 >> On March 15th at 9:00 a.m.
05:20:33 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
05:20:35 Mr. Cohen.
05:20:36 All in favor of that motion, please indicate by saying aye.
05:20:37 Opposed nay.
05:20:39 The ayes have it unanimously.
05:20:41 >>FRANK REDDICK: Last item is just an announcement that stop
05:20:44 the gang and gun violence in the community memorial,
05:20:47 candlelight vigil take place, February 11th, 2012, from
05:20:52 4:00 to 6:00 p.m. at Lee Davis Neighborhood Service Center,
05:20:55 3402 North 22nd Street, Tampa.
05:20:57 >>CHARLIE MIRANDA: Thank you very much.
05:20:58 We appreciate it very much.
05:21:00 Ms. Capin?
05:21:01 >>YVONNE CAPIN: No business.
05:21:03 >>CHARLIE MIRANDA: Mr. Suarez?
05:21:04 >>MIKE SUAREZ: No new business.
05:21:06 >>CHARLIE MIRANDA: Any old business?
05:21:07 Thank you very much.
05:21:08 >>MIKE SUAREZ: You were setting me up for something.
05:21:10 >>CHARLIE MIRANDA: I'm really not.
05:21:12 Receive and file any documents that came in.
05:21:17 >> Second.
05:21:19 >>CHARLIE MIRANDA: By Mrs. Montelione, second by Mr. Cohen.
05:21:21 All in favor of that motion, please indicate by saying aye.
05:21:22 Opposed nay.
05:21:23 The ayes have it unanimously.
05:21:23 We stand adjourned till, I believe it's 6:00.
05:21:28 Any other business before I hit the gavel?
05:21:32 [recess until 6:00 p.m.]
06:01:12 >>CHARLIE MIRANDA: Roll call?
06:01:14 [Roll Call]
06:01:16 >>MIKE SUAREZ: Here.
06:01:18 >>YVONNE CAPIN: Present.
06:01:18 >>FRANK REDDICK: Here.
06:01:20 >>HARRY COHEN: Here.
06:01:22 >>LISA MONTELIONE: Here.
06:01:23 >>CHARLIE MIRANDA: Here.
06:01:24 >>CHARLIE MIRANDA: At this time, I'm going to ask Mr. Cohen
06:01:29 to go to the podium and I had the pleasure not too long ago
06:01:33 of witnessing three young ladies at post 5, they had a
06:01:37 contest on oratorical speaking.
06:01:39 The way they hammed themselves was beyond and above, I never
06:01:43 seen anything like that.
06:01:44 They were really smart, very brilliant.
06:01:46 And I learned a lot from them.
06:01:48 I would never debate any one of the three, Mr. Cohen.
06:01:52 >>HARRY COHEN: And I won't either.
06:01:53 But it is our great pleasure to honor you tonight.
06:01:57 And also, to ask that we be joined up here by the American
06:02:02 Legion department of Florida 15th district vice commander.
06:02:09 And I have commendations for Brooke Wade, Erica Dienes and
06:02:16 Karli Marshall.
06:02:17 And I'd like to just read very briefly what these
06:02:20 commendations say.
06:02:21 It is with pleasure that the City Council of the City of
06:02:25 Tampa, presents you with this commendation, highlighting
06:02:29 your participation in the district 15 American Legion
06:02:34 oratorical contest, held in Tampa, Florida.
06:02:38 The delivery of your presentation demonstrates your keen
06:02:41 interest and appreciation of the principles and values set
06:02:45 forth in the constitution of the United States, and your
06:02:48 awareness of the responsibilities incumbent on each citizen
06:02:53 to exercise and protect these rights.
06:03:02 >>CHARLIE MIRANDA: There's my Jefferson lady.
06:03:05 >>HARRY COHEN: So you're Karli Marshall, from Jefferson high
06:03:08 And Brooke Wade.
06:03:09 Who is home schooled.
06:03:12 And Erica Dienes, freshmen at Bayshore Christian.
06:03:19 Thank you very much.
06:03:20 >>CHARLIE MIRANDA: Vice commander, if you'd like to say a
06:03:24 couple words and then I ask all three young ladies to
06:03:27 introduce themselves, and.
06:03:29 >> All right.
06:03:30 To the distinguished panel and other members that are in
06:03:35 here to the city, we, the members of the department of
06:03:40 Florida American Legion appreciate your kindness and
06:03:45 generosity and also we appreciate you understanding and
06:03:51 showing appreciation to our younger generation, because this
06:03:56 is our future.
06:03:57 This is what the American Legion is about.
06:04:00 Thank you.
06:04:01 >>CHARLIE MIRANDA: Thank you very much.
06:04:02 Contestant number one.
06:04:06 [ Laughter ]
06:04:07 >> My name is Erica Dienes, a freshman at Bayshore Christian
06:04:13 I'd like to thank post five for allowing this opportunity to
06:04:16 learn and study the constitution, where normally we may not
06:04:20 get to do that in our schooling system, as in-depth as you
06:04:23 were able to.
06:04:24 It was a very friendly competition with all three of us.
06:04:31 >> My name is Brooke Wade, and I'm a home schooled junior.
06:04:34 I just want to say thank you so much to the City Council for
06:04:37 allowing us to be here tonight.
06:04:40 But also to the American Legion, post 147 and district 5,
06:04:44 for sponsoring this competition and really giving us an
06:04:48 opportunity to research the constitution and to learn more
06:04:50 about our duty as citizens.
06:04:53 And to really delve into what self-government means.
06:04:57 What it means that we the people formed a foundation of our
06:05:01 Thank you so much for that opportunity.
06:05:03 >>CHARLIE MIRANDA: Thank you so much.
06:05:04 And from my alumnus high school.
06:05:07 >> Hi, I'm Karli Marshall from Jefferson high school.
06:05:10 I'm a senior.
06:05:11 And I'd just like to thank the American Legion for this
06:05:14 wonderful opportunity to speak about our constitution.
06:05:17 And for as far as this opportunity, also like to thank City
06:05:23 Council for allowing us to be here and speak in front of
06:05:26 Thank you so much.
06:05:27 >>CHARLIE MIRANDA: Thank you all very much.
06:05:29 >> If I might, Mr. Chair, commander James Zipler just came
06:05:34 And he also has a presentation to make to the young lady.
06:05:44 >> Mr. Miranda, I'm the commandeer of the 15th district
06:05:50 American Legion department of Florida.
06:05:52 I have certificates to present to these young ladies for the
06:05:56 fine outstanding job they have done representing the
06:05:59 American Legion.
06:06:00 First I'd like to award the certificate to Brooke Wade, gold
06:06:07 medal finalist of Tampa.
06:06:10 Home schooled.
06:06:11 Awarded this certificate of appreciation of and recognition
06:06:16 for active participation in the American Legion national
06:06:19 high school oratorical contest, presented by department of
06:06:22 Florida, district 15, at Tampa, Florida.
06:06:28 >> Thank you.
06:06:33 >> Certificate of distinction, Erica Dienes, silver medal
06:06:39 winner, Bayshore Christian, is awarded this certificate of
06:06:44 appreciation of and recognition for active participation in
06:06:47 the American Legion national high school oratorical contest,
06:06:51 presented by the department of Florida, district 15, Tampa,
06:06:56 >> Thank you.
06:06:59 >> And our bronze medalist, congratulations.
06:07:04 Karli Marshall, bronze medal.
06:07:06 Jefferson high school, Tampa, Florida.
06:07:09 Award this certificate of appreciation of recognition for
06:07:11 active participation in the American Legion national high
06:07:14 school oratorical contest, presented by the department of
06:07:18 Florida district 15, Tampa, Florida.
06:07:22 >> Thank you.
06:07:24 [ Applause ]
06:07:32 >>CHARLIE MIRANDA: I can only say this.
06:07:33 I saw part of this, and I was so moved, and at the same time
06:07:39 of listen to some of the television debates, I would debate
06:07:42 the candidates for president; I would never debate these
06:07:46 three young ladies.
06:07:46 [ Laughter ]
06:07:48 >>CHARLIE MIRANDA: Thank you all very much.
06:07:52 I need to open public hearing number 6, is a nonjudicial
06:07:58 >> Motion to open public hearing number 6.
06:08:01 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
06:08:03 Mr. Reddick.
06:08:04 All in favor of the motion, please indicate by saying aye.
06:08:05 Opposed nay.
06:08:07 The ayes have it unanimously.
06:08:07 This is a second public hearing.
06:08:16 >> Good evening, Council, assistant city attorney
06:08:20 representing the Brownfield program.
06:08:23 We're here today at the second public hearing for approval
06:08:27 of a Brownfield designation of the west St. Louis street
06:08:30 Brownfield area, which is a proposal to designate property
06:08:35 known as city owned, about 12 acres in the enterprise zone
06:08:40 known as the long street yard.
06:08:42 Details of the designation has been outlined in a document
06:08:45 that's been on file with the city clerk for the staffer
06:08:48 report on the west St. Louis street proposed Brownfield area
06:08:53 And the purpose of the Brownfield is to make financial
06:08:55 incentives available to any potential person that's
06:08:58 interested in rehabilitating and remediating the property.
06:09:02 At the conclusion of the second public hearing, City Council
06:09:06 will have the opportunity to pass a resolution approving the
06:09:10 Brownfield area designation.
06:09:12 Thank you.
06:09:14 >>CHARLIE MIRANDA: Thank you very much.
06:09:14 Anyone else in the audience care to speak on this public
06:09:17 hearing, item number 6 at this time?
06:09:20 I see no one.
06:09:22 >> Motion to close.
06:09:24 >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, second
06:09:25 bring Cohen to close.
06:09:26 All in favor of the motion, please indicate by saying aye.
06:09:28 Opposed nay.
06:09:29 The ayes have it unanimously.
06:09:30 I need Ms. Montelione, would you move the resolution?
06:09:35 >>LISA MONTELIONE: Certainly.
06:09:36 Thank you, Mr. Cohen.
06:09:38 I move resolution of the City of Tampa, designating a
06:09:43 Brownfield area within the City of Tampa, Florida, for
06:09:47 property generally located in the vicinity of 1506 west
06:09:50 St. Louis street, 2603 north Rome avenue and 2609 north Rome
06:09:55 avenue consisting of approximately 12 acres for the purpose
06:09:59 of environmental rehabilitation and economic development,
06:10:02 providing an effective date.
06:10:03 >>CHARLIE MIRANDA: Have a motion and resolution by
06:10:06 Mr. Montelione, seconded by Mr. Reddick, Mr. Suarez, all in
06:10:11 favor of that motion, please indicate by saying aye.
06:10:13 Opposed nay.
06:10:13 The ayes have it unanimously.
06:10:14 Thank you all very much for attending.
06:10:16 Now we go to open items 7 through 11.
06:10:24 These are quasi-judicial proceedings.
06:10:27 So you will have to be sworn in.
06:10:31 >> Move to open.
06:10:32 >>CHARLIE MIRANDA: Motion by Mr. Cohen to open 7 through 11.
06:10:36 All in favor of the motion, signify by saying aye.
06:10:38 The ayes have it unanimously.
06:10:38 Item 7 through 11 is now open.
06:10:41 And if you're going to speak, you're going to have to get
06:10:44 sworn in and the clerk will do that now.
06:10:47 [Oath administered by Clerk]
06:10:57 >>CHARLIE MIRANDA: Okay.
06:10:58 Item number 7.
06:11:04 >> Good evening, counselor, Abbye Feeley, land development
06:11:08 Item number 7 Z-11-42, located 430, 405, 407 and 503 west
06:11:20 Martin Luther King Boulevard, residential single-family to
06:11:25 SHPD, which is the planned development district, within the
06:11:31 Seminole Heights base of the area.
06:11:34 This is the first application being processed within that
06:11:39 >>CHARLIE MIRANDA: Thank you, Mr. Garcia.
06:11:49 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
06:11:51 I have been sworn in.
06:11:52 As relates to the comprehensive plan, this particular site
06:11:57 is located within the central planning district for the City
06:12:00 of Tampa.
06:12:01 Which is one of the three districts that offers the greatest
06:12:04 opportunity for job creation and redevelopment
06:12:08 Zooming down a little bit closer, into the area of the
06:12:12 subject site, as Ms. Feeley has already stated to you, this
06:12:15 is located within the greater Seminole Heights area,
06:12:18 specifically three neighborhood association that is
06:12:21 represent Seminole Heights.
06:12:22 This is located in the south Seminole Heights boundaries, on
06:12:25 the very southern perimeter of the south Seminole Heights
06:12:29 The land use category for this particular parcel is
06:12:32 community mixed use 35, which allows neighborhood, general
06:12:35 and commercial general uses.
06:12:38 Prevalent land use category along this segment of Dr. Martin
06:12:42 Luther King Boulevard.
06:12:44 The other category, light tan, flesh color, is residential
06:12:48 So you do have a significant drop 0 off of intensity and
06:12:51 density potential from Martin Luther King Boulevard to the
06:12:57 The request is to allow for a, for a mixture of office and
06:13:04 retail uses, which are both allowable within the CM ow 35
06:13:08 land use category.
06:13:09 Planning staff found it consistent with the comprehensive
06:13:13 >>CHARLIE MIRANDA: Thank you very much.
06:13:18 >>ABBYE FEELEY: As Tony mentioned, the request before you
06:13:21 this evening is for a multi-tenant building of office, both
06:13:26 medical and professional, also for retail uses.
06:13:30 There are two waivers that are being requested that you'll
06:13:33 notice that a 548 is the Seminole Heights code section.
06:13:39 Is first is for parking placement, that is to reduce parking
06:13:42 placement setback in the rear from eight feet to 0.6 feet.
06:13:47 That's for that drive aisle going across the northern
06:13:50 portion of the site.
06:13:51 Then also the second is for landscaping along that area.
06:13:55 That area would be required one tree per 20 feet on center.
06:13:59 Because it's only point 6 feet, in west, there is no way to
06:14:03 plant a tree within that area.
06:14:05 So those two waivers are occurring.
06:14:08 >>CHARLIE MIRANDA: Point six feet, is that same as six
06:14:13 >> No.
06:14:14 >>CHARLIE MIRANDA: Almost I said.
06:14:15 >> Little bit more.
06:14:17 We'll go over the request, I'll show you the atlas and the
06:14:25 It is a 1.97-acre site.
06:14:33 Request is for 15,196 square feet.
06:14:38 And what they did was they broke that down based on some
06:14:48 maximum square footages of the medical in order to address
06:14:51 their parking.
06:14:52 The site is surrounded by residential uses to the northwest
06:14:59 and east and business professional office and medical uses
06:15:02 across the south, across MLK as well as to the west and east
06:15:06 on MLK.
06:15:08 The proposed setbacks, based on the building and proposed
06:15:12 locations are 32 feet north, 40.5 feet south, 140 feet west,
06:15:17 and 140 feet east.
06:15:18 There are three grand trees that are being preserved at the
06:15:22 front of this site.
06:15:23 And that is part of the reason for the building location
06:15:26 being stepped back a little bit.
06:15:28 Here's the zoning atlas.
06:15:32 You can see here the majority of the subject site is RO-1.
06:15:40 Which is residential office.
06:15:42 This was a C 1 district in the prior zoning, C 1 was like a
06:15:48 commercial general district.
06:15:49 So everything that they are proposing is really consistent
06:15:52 with how this piece of property has historically been
06:15:56 This part over to the east is the RS-50 portion of the site.
06:16:01 There's an accounting office, there's some medical office
06:16:04 use, there's a medical office use over to the west.
06:16:13 Here's the aerial of the property.
06:16:15 Martin Luther King to the south.
06:16:18 Lynn to the west, Ola to the east.
06:16:22 And here are some pictures -- the site is not currently
06:16:32 There is a small office building on the property.
06:16:34 That is one of the large trees that is being preserved there
06:16:37 in the front.
06:16:38 This is the western half of the site.
06:16:43 This is the eastern half.
06:16:46 Immediately to the east.
06:16:51 So this is the northwest corner of Ola and MLK.
06:16:57 It is actually used as parking for this accounting office,
06:17:00 which is located at the northeast corner of Ola and MLK.
06:17:05 There is single family scattered about.
06:17:11 This is the south side of MLK.
06:17:13 This is from Lynn avenue, looking back east toward the
06:17:22 existing structure on the property.
06:17:24 This is looking northeast.
06:17:33 That is immediately adjacent to the site on the north on
06:17:37 This is the alley that runs behind the property.
06:17:41 And this is the medical office to the west.
06:17:45 You can see some other large specimen trees there.
06:17:50 Multi-tenant commercial to the south.
06:17:54 A clinic to the south.
06:18:02 And this is at the northwest corner of Lynn and MLK.
06:18:07 Your staff report, pages 2, 3 and 4 of the staff report are
06:18:22 predominantly the changes that needed to be made in order to
06:18:25 have this site plan be modified to be consistent with the
06:18:29 Seminole Heights PD.
06:18:31 When the application originally came in, it was not
06:18:34 processed under the new Seminole Heights.
06:18:36 We did have to go back and modify the review.
06:18:38 But I believe those modifications, and I was discussed that
06:18:42 with Mr. Horner this evening, if those revisions are made in
06:18:45 between first and second reading, the application will be
06:18:47 fine to move forward.
06:18:48 Staff is available for any questions.
06:18:56 Thank you.
06:18:57 >>CHARLIE MIRANDA: Thank you very much.
06:19:10 >> Mr. Chairman and Councilmembers, good evening, for the
06:19:13 record, Michael Horner, 14052 North Dale Mabry Highway,
06:19:17 suite 200, representing Mr. Dan Nelson, Nelco Construction.
06:19:22 With me tonight is Mr. Nelson, who will speak briefly,
06:19:25 following my comments.
06:19:26 We have also representative of Catalano Engineering, we have
06:19:31 also asked our arborist, Richard Daly to attend as well, if
06:19:35 you have any questions on tree protection and tree
06:19:39 Councilmembers, we worked were dill gentlemanly with staff
06:19:43 on this.
06:19:43 We appreciate Abbye and certainly David Riley on the grand
06:19:47 oak trees as well asp Tony Garcia and the planning
06:19:52 Mary Brice Dan witnesses.
06:19:54 This has been a process under way for probably the last five
06:19:59 or six months.
06:20:00 It is north of MLK.
06:20:01 Climate has owned and maintained his office, his building
06:20:05 construction office out of this structure for at least last
06:20:08 five years.
06:20:09 The structure is already 9700 square feet.
06:20:12 And we're asking for just about 15,200.
06:20:16 So, the net increase on this project as a PD is only another
06:20:20 5500 square feet.
06:20:21 It is heavily treed, as Abbye pointed out.
06:20:26 We have saved the large grand oak tree.
06:20:28 There's a 55-inch, we have a 38-inch, a 34-inch in the
06:20:32 We think that was most critical.
06:20:34 A lot of reviews with Dave Riley, with our arborist going
06:20:38 back and forth on tree protection, construction techniques.
06:20:42 Also saving a number of specimen trees.
06:20:45 20 and 25-inch trees as well.
06:20:47 We have some hazardous trees that city has asked to us take
06:20:50 those down as part of our site review.
06:20:52 Some are over on the west side toward Lynn Avenue.
06:20:54 And will be restoring that sidewalk portion along Lynn
06:20:58 Because of the one story structure, it's a mixed use
06:21:04 MLK corridor is a mixed use commercial corridor.
06:21:08 We are surrounded by medical office, surrounded by some
06:21:11 retail uses.
06:21:12 We have the alley to the north.
06:21:14 Single family house to our northwest.
06:21:16 Councilmembers, we're proposing a six foot high concrete
06:21:19 block wall that completely surrounds that existing
06:21:22 single-family house.
06:21:23 To the north on the other side of the alley where single
06:21:27 family is, we're proposing entire perimeter of six foot high
06:21:31 fencing wrapping around the east side as well.
06:21:35 This is retrofit opportunity.
06:21:37 And a redevelopment opportunity, Councilmembers.
06:21:39 Our client is the owner, is the developer, so he certainly
06:21:44 has a financial or vested interest in the neighborhood.
06:21:46 This is not someone who is speculating, going to flip it and
06:21:51 move on.
06:21:51 He's been here, going to stay here and wants to do it the
06:21:54 right way.
06:21:54 Not going to be an inexpensive project to develop with all
06:21:57 the tree preservation and building construction techniques
06:22:02 We do have two driveways to MLK.
06:22:05 This facilitates the circulation movement.
06:22:08 Also facilitates access management requirements under the
06:22:12 City of Tampa's transportation code requirements.
06:22:14 This petition comes to you with full unanimous
06:22:19 recommendations for approval.
06:22:21 Mr. Garcia and the Planning Commission have found it
06:22:24 consistent with all applicable goals, policies and
06:22:27 All the review agencies have signed off.
06:22:29 We know we had a recent transition to the Seminole Heights
06:22:32 overlay district, so we had to hustle.
06:22:34 When we filed this, we thought we postdated the adoption,
06:22:37 but we actually, they actually were adopted first.
06:22:40 So Abbye and I have coordinated for all the changes required
06:22:44 to meet the SHPD requirements between first and second
06:22:48 We're not opposed to those.
06:22:50 We certainly can accommodate those.
06:22:52 All conditions required by staff, we are agreeing to.
06:22:55 We haven't had any opposition to our knowledge, in fact, we
06:22:58 have had some support calls to our office because quite
06:23:01 frankly, it's not the most attractive building out there.
06:23:04 We're looking forward to upgrading the neighborhood and my
06:23:06 client certainly is willing to step forward and take
06:23:09 Unless you have any questions, I'd like my client Dan Nelson
06:23:14 to offer a brief comment in the record, since he is the
06:23:17 owner, will be the developer as well.
06:23:19 >>CHARLIE MIRANDA: Thank you.
06:23:23 >> Good evening, Councilmembers.
06:23:24 My name is Dan Nelson, 5114 West Longfellow Avenue.
06:23:29 I'm the president of Nelco Construction and Nelco
06:23:36 We are looking to develop this site.
06:23:38 Construction business has been operating in this particular
06:23:40 site for about six or 7 years now.
06:23:43 It was, we were approached by a dollar type store that was
06:23:47 interested in coming into the area.
06:23:49 At that point, we looked at creating some sort of
06:23:51 development that could accommodate this dollar type store.
06:23:55 As part of our construction entity.
06:23:59 The intent here is not only to, as Mr. Horner said, jump on
06:24:02 a plane and fly to Miami and flip this property.
06:24:04 The bent is to develop it, required by the Seminole Heights
06:24:08 And not only bring more jobs to the community, but also have
06:24:12 an impact on the area and continue our construction business
06:24:15 at the rear parcel of the building.
06:24:18 We're looking at this area in the back for the construction
06:24:20 company to exist.
06:24:22 Been talking to a couple of physicians possibly to take this
06:24:25 front parcel as well as if we can materialize this retail
06:24:29 use for the opposite side.
06:24:32 We appreciate staff and my team, we have worked very
06:24:36 diligently for several months, trying to make this
06:24:40 transaction work.
06:24:41 And hopefully with your approval, we can continue forward.
06:24:45 Thank you very much.
06:24:45 >>CHARLIE MIRANDA: Thank you very much.
06:24:46 Anyone in the audience care to speak on this subject matter,
06:24:49 item 7?
06:24:50 Anyone care to speak on item 7?
06:24:52 Any questions by Councilmembers?
06:24:55 I see none.
06:24:56 >> Motion to close.
06:24:57 >>CHARLIE MIRANDA: Have a motion to close by Mr. Cohen,
06:25:01 seconded by Ms. Capin.
06:25:03 All in favor of that motion, please indicate by saying aye.
06:25:05 Opposed nay.
06:25:07 The ayes have it unanimously.
06:25:08 There is a two, three, four that should be addressed between
06:25:14 first and second reading, am I correct?
06:25:19 On the overlay?
06:25:22 >>ABBYE FEELEY: I provided you with a revision sheet, if
06:25:24 you'll reference that in your motion, please.
06:25:26 Thank you.
06:25:28 >>CHARLIE MIRANDA: Ms. Capin, would you read the ordinance?
06:25:42 >>YVONNE CAPIN: An ordinance being presented for first
06:25:44 reading consideration.
06:25:44 An ordinance rezoning property in the general vicinity of
06:25:48 403, 405, 407, 503 west Dr. Boulevard in the City of Tampa,
06:25:57 Florida, and more particularly described in section 1, from
06:26:00 zoning district classifications, RO-1, residential office,
06:26:04 to RS-50, residential single family, to SH-PD, Seminole
06:26:10 Heights planned development, office, medical and business
06:26:13 professional, retail, providing an effective date.
06:26:15 Including revision -- what is it?
06:26:24 >>CHARLIE MIRANDA: Please explain what you just said.
06:26:31 >>YVONNE CAPIN: I have it right here.
06:26:34 Reference Z-11-42.
06:26:36 Revision sheet Z-11-42.
06:26:41 >>CHARLIE MIRANDA: Thank you.
06:26:42 I have a motion by Mrs. Capin, seconded by Mr. Suarez.
06:26:46 All in favor of that motion, please indicate by saying aye.
06:26:48 Opposed nay.
06:26:50 The ayes have it unanimously.
06:26:51 The clerk tell but second reading.
06:26:55 >> Motion carried with Mulhern being absent.
06:26:56 Second reading and adoption will be on March 1st
06:26:59 at 9:30 a.m.
06:27:01 >>CHARLIE MIRANDA: Thank you very much.
06:27:01 All right.
06:27:03 Item number 8.
06:27:38 >>ABBYE FEELEY: Thank you, Council.
06:27:40 The next item on your agenda is Z 11-50.
06:27:43 It's located at 3515 South Dale Mabry Highway, to many of
06:27:48 you, it's the McDonald's of Britton Plaza.
06:27:52 Very familiar site.
06:27:53 The request this is evening from CH commercial general to
06:27:58 PD, planned development, restaurant with drive-in window.
06:28:01 There are eight waivers associated with the request.
06:28:04 Many of these waivers are request existing conditions that
06:28:08 are on the site today.
06:28:10 I will briefly go through those after Mr. Garcia finishes
06:28:15 his presentation.
06:28:29 >>TONY GARCIA: Good evening, Tony Garcia, Planning
06:28:31 Commission staff.
06:28:32 I have been sworn.
06:28:33 From the five cases that are before you this evening, what's
06:28:36 really interesting is the reverse of what I normally present
06:28:39 to you, in that this is in the South Tampa planning
06:28:41 district, as you can see on this map.
06:28:43 Four of the five cases are in the South Tampa planning
06:28:46 district tonight, write is very rare.
06:28:48 They're all infill project and still consistent with the
06:28:51 opportunities provided in the South Tampa planning district,
06:28:53 which is one of your two districts that is considered a
06:28:56 stable did district, but at the same time does offer limited
06:28:59 opportunity for infill development.
06:29:00 So as you can see here, it's in the South Tampa district.
06:29:04 It is just north of Britton Plaza on the west side of Dale
06:29:09 About a quarter mile just north of Britton Plaza.
06:29:12 This is the old, this is a McDonald's that's been around I
06:29:16 think when the applicant comes up, or maybe Mrs. Feeley will
06:29:21 tell you how old this McDonald's.
06:29:24 I think it's older than me, so that's pretty old.
06:29:28 It's located within the boundaries also of Virginia park
06:29:31 neighborhood association.
06:29:32 The land use category is split.
06:29:34 You have CMU 35 and you have residential 10.
06:29:37 Because of its age, you would think well you can't have a
06:29:40 building in a residential ten land use category.
06:29:43 But this is recognized because of the flex provisions
06:29:45 instituted in 1985 and 87 as a legitimate CG use, because of
06:29:51 the zoning conformance back as I said before in 1985 and
06:29:57 When the city did zoning.
06:30:00 Quick aerial to give you an idea of the character of the
06:30:03 Dale Mabry is a major arterial, reflected by all the variety
06:30:07 of commercial uses that are along the Dale Mabry.
06:30:14 Mostly general commercial, neighborhood commercial.
06:30:16 Professional uses, banks, restaurants.
06:30:18 You have some low density office uses along this particular
06:30:21 segment of south Dale Mabry.
06:30:23 Planning Commission staff found above request consistent
06:30:27 with the comprehensive plan.
06:30:28 Thank you.
06:30:36 >>ABBYE FEELEY: Unlike the request that came before you a
06:30:42 few months ago to do a complete tear-down, the request
06:30:44 before you this evening is to add an addition to the
06:30:47 existing building and add a second drive-thru lane, with I
06:30:51 is being done at many of these restaurants throughout the
06:30:54 As I mentioned, there are eight waivers.
06:30:56 Several of these waivers are to reflect existing condition
06:31:01 when we're moving from the commercial general into the PD.
06:31:06 The first is to reduce the required vehicle use area buffer
06:31:09 along the west, 170 feet from 8 feet to point 2 feet with
06:31:17 payment in lieu of.
06:31:19 Second green space from 20% to 16%, just a little side note
06:31:24 on that, is that it's actually an increase, we are actually
06:31:27 increasing the green space on the site through this project,
06:31:30 but overall, it's still less than the 20%.
06:31:33 The third is reduce the required use to use buffer from
06:31:36 15 feet with a six foot concrete masonry wall to width of
06:31:39 2.8 feet request six feet concrete masonry wall.
06:31:43 For the northern property boundary and use existing wood
06:31:46 fence along lot 22.
06:31:48 The fourth is to reduce the required use to use buffer from
06:31:51 15 feet with six foot concrete masonry wall to width of
06:31:56 4.8 feet with six foot concrete masonry wall along the
06:32:00 property to the west, which is an existing condition today.
06:32:03 To reduce the drive aisle width adjacent to the compact
06:32:06 spaces along the west, 175 feet of Kensington from 12 feet
06:32:11 to 11 feet.
06:32:12 Too reduce the parking stall depth and drive aisle width for
06:32:17 the six 45-degree parking spaces along the western 150 feet
06:32:23 of the northern property line to allow commercial access to
06:32:25 a local street, west Kensington and also to reduce minimum
06:32:30 required distance from a drive-thru lane to residentially
06:32:33 zoned property from 50 feet to 23 feet.
06:32:36 As I previously mentioned, this is to construct an addition
06:32:39 to the existing restaurant and to expand the drive-thru from
06:32:42 a single to a double lane.
06:32:44 This site contains point 74 acres, it's surrounded by
06:32:47 residential to the west, south and north.
06:32:49 For the western 169 feet, and commercial to the southeast
06:32:55 and north for the eastern 122 feet, as Tony showed you, it's
06:33:00 a very deep lot.
06:33:01 The subject application proposes to expand by 480 square
06:33:06 As Tony mentioned, zoning conformance, the whole property is
06:33:23 currently zoned commercial general.
06:33:26 You can see here, Dale Mabry is to the east, Kensington to
06:33:29 the south.
06:33:34 It is the deepest of the commercial general corridor along
06:33:37 Dale Mabry in this segment.
06:33:38 Here is the aerial of the site.
06:33:47 As I mentioned before, 122 feet adjacent to the north is
06:33:53 The remainder is residential.
06:33:54 There's residential to the west.
06:33:56 Some residential here.
06:33:57 There's a tire store and parking to the west.
06:34:01 Here's an existing photograph.
06:34:11 A little bit closer.
06:34:14 The addition will be at the front of the building.
06:34:16 The gas station to the north.
06:34:20 Tire store mechanic to the south.
06:34:27 This is the western portion of the site, where adjacent to
06:34:33 the residential, the wall is here.
06:34:35 There's currently for solid waste still being proposed on
06:34:41 the site plan before you.
06:34:44 This is along the existing drive-thru area where it parallel
06:34:48 parking spaces are going to be placed in, which several, I
06:34:53 believe all the new waivers that are on the plan are related
06:34:55 to adding in parking spaces along this area.
06:34:58 This is the parking to the south and the tire.
06:35:07 And that is the rear of the tire portion.
06:35:09 This is the house immediately to the west.
06:35:11 This is looking down Kensington toward Dale Mabry.
06:35:16 And I believe I showed you the rest.
06:35:22 This is another shot from Kensington looking back south.
06:35:27 Because I do, for my research and Vicki just told me this
06:35:34 was her first McDonald's.
06:35:40 This was June 2nd, 1962, possibly constructed in the
06:35:44 late 1950s.
06:35:46 As you can see, there wasn't a single tree or shrub or
06:35:50 hedge, complete asphalt.
06:35:52 One little palm back there.
06:35:54 It looks like the concrete masonry wall was back there too.
06:35:59 There are a couple modifications that are required in
06:36:03 between first and second reading, as well as the standing
06:36:06 objection from transportation related to access on
06:36:10 And they are present to be able to discuss that.
06:36:13 Based on my review of the staff, the current site plan,
06:36:18 there are two waivers that I do need removed.
06:36:21 One removed and one revised.
06:36:24 And also that pervious pavement is going to be placed along
06:36:28 the south, where those new parking spaces are going to be,
06:36:31 in order to provide adequate protection for the palm trees.
06:36:34 Transportation did have one additional waiver they needed
06:36:39 for a reduction in the drive aisle.
06:36:41 And an extension of the line for the handicap space.
06:36:45 That visual was provided in your revision sheet.
06:36:48 There were some comments provided by solid waste also as to
06:36:53 the configuration of solid waste and their need to access
06:36:57 Kensington in order to serve the site adequately.
06:37:02 Staff is available for questions.
06:37:03 >>CHARLIE MIRANDA: Thank you very much.
06:37:11 >> Good evening.
06:37:12 I am Kimberly Sire, with the Sire Group.
06:37:15 I'm pleased to present to you another request from
06:37:18 McDonald to remodel the existing restaurant.
06:37:20 I know you're very familiar with the program McDonald is
06:37:30 going through right now.
06:37:31 This store would have a stone front.
06:37:34 I don't know if you've seen many of the stone fronts.
06:37:36 But this is what this would look like to give you an idea.
06:37:41 Since Casper opened their store in March of 1958, it is the
06:37:45 flagship store.
06:37:46 It is the first store in the City of Tampa.
06:37:48 He was the second franchisee for McDonald.
06:37:51 And this is where it all started for us.
06:37:53 The store has been rebuilt twice.
06:37:58 And it was remodeled in 2008 for the 50 year celebration, so
06:38:03 it is older than me too.
06:38:04 Just a little bit.
06:38:05 We were very excited about the picture you found.
06:38:10 We had found that as well.
06:38:11 Our job has been to demonstrate that the Caspers have been
06:38:16 well known, certainly been a good corporate citizen.
06:38:19 But, the sire group's job is to prove to the neighbors
06:38:22 McDonald's tries to be a good neighbor as well.
06:38:25 And we have been responsibility for the neighborhood
06:38:28 We know that people are busy.
06:38:30 They have a hard time making it to all the meetings and
06:38:33 Our outreach started in September of last year.
06:38:37 And it started with contacting our neighbor that is closest
06:38:40 to us.
06:38:41 Which is Mrs. Diaz.
06:38:43 We reached out to the association president and, the end of
06:38:50 September, beginning of October, and what we started to do
06:38:53 was make them aware before plans were final to let them know
06:38:56 what we were thinking about.
06:38:58 Ms. Diaz actually lives in this house here.
06:39:02 So what we start out doing is to, let those residents that
06:39:06 live closest to the property know that we are contemplating
06:39:09 We offer to walk the site with them, to meet with them, as
06:39:13 the plan develops, as the waivers change, we were sending
06:39:16 them those updates as well.
06:39:18 When we found out that our neighborhood meeting was going to
06:39:26 be Monday after Super Bowl, which I can tell you, it's hard
06:39:29 to get people to come to a meeting Monday after Super Bowl.
06:39:32 We sent out a flier after the notice, to once again remind
06:39:37 them that the meeting was coming up, but if they had any
06:39:40 questions and wanted to walk it, we were available.
06:39:42 That's a tough night to have a neighborhood meeting.
06:39:44 The only person who took us up on wanting to walk the site,
06:39:48 that we spent the most time with, was Mrs. Diaz.
06:39:50 Who is the closest one and reasonably the most concerned.
06:39:55 And had a lot of questions that we were able to go through.
06:39:58 We did get questions this time by text.
06:40:00 Which is the first time we had questions texted to us from
06:40:03 the flier that we sent out.
06:40:04 But, there were eight people that stayed at the neighborhood
06:40:09 We a few questions.
06:40:10 No one has voiced opposition for us.
06:40:12 The addition of the 480 square feet is not really tripping
06:40:15 any of the waivers.
06:40:16 The addition of the double driver of the, we talked to
06:40:20 Mrs. Diaz about this quite a bit.
06:40:23 There are currently parking spaces that line against the
06:40:26 wall closest to her home.
06:40:28 She would rather see the double drive-thrus than have those
06:40:32 parking spaces close to her house.
06:40:34 Wall highlighted in red down here, so you can see it a
06:40:37 little bit better, she was very happy with.
06:40:40 Thinks it just might act to catch any trash that might blow
06:40:43 around at some point in time.
06:40:45 So, the red on the plan indicates the wall.
06:40:49 The green indicates the request for the buffer reduction.
06:40:52 But I did want to point out to you that this right-of-way --
06:40:56 that will be remaining is actually wider than your typical
06:41:00 We have got 67.85 feet.
06:41:02 So that's wider.
06:41:04 Although we're asking for a reduction, there is a buffer
06:41:08 One of the things that had gotten a lot of comment from the
06:41:12 residents was, we have been asked to take out the picnic
06:41:16 tables in the right-of-way area.
06:41:18 I think that that was something that was enjoyed in the
06:41:21 And now there's concern that people who might not live
06:41:24 within the neighborhood are hanging out there too long.
06:41:27 So, that has been regretfully kind of well received.
06:41:31 So we will be moving all of those picnic benches.
06:41:34 And those concrete pads that you see there.
06:41:38 So really the three reductions that we have related to the
06:41:41 changes are shown in the pink, which is the distance to
06:41:45 Mrs. Diaz's property.
06:41:47 The drive, shown in blue.
06:41:50 And I have Mike Serrano with Howard Engineering here tonight
06:41:56 that would be able to answer any questions that you have.
06:41:58 One of the questions that we did get was about the drive
06:42:03 closest to Mrs. Diaz's house, that drive does need to stay
06:42:07 to serve waste management.
06:42:09 There's currently a gate and a lock on that now.
06:42:12 And it's opened when the truck comes.
06:42:15 We have committed to leave that, although the driveway is
06:42:22 being channeled, we are going to continue to have that gate,
06:42:24 so there's no traffic going out that close to the
06:42:27 And happy to answer any questions you may have.
06:42:30 >>CHARLIE MIRANDA: Any question for Councilmembers at this
06:42:33 Thank you.
06:42:34 Who else is going to make any presentations in your behalf?
06:42:37 Is that it?
06:42:38 >> No, just if you have questions.
06:42:40 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
06:42:42 item number 8, Z 11-50?
06:42:45 Item number 8.
06:42:46 I see no one.
06:42:50 >> Motion to close.
06:42:51 >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, second by
06:42:52 Mr. Cohen.
06:42:53 All in favor of that motion, please indicate by saying aye.
06:42:55 Opposed nay.
06:42:57 The ayes have it unanimously.
06:42:58 Mr. Reddick, would you kindly take item number 8?
06:43:03 >>FRANK REDDICK: Yes, Mr. Chairman.
06:43:04 Move an ordinance being presented for first reading
06:43:08 consideration, an ordinance rezoning property in general
06:43:11 vicinity of 3515 South Dale Mabry Highway, in the City of
06:43:15 Tampa, Florida, and more particularly described in section
06:43:17 one, from zoning district classification, CG, commercial
06:43:22 general, to PD, planned development, restaurant with
06:43:26 drive-in window, providing an effective date.
06:43:27 >> Second.
06:43:30 >>FRANK REDDICK: Including revisions Z 11-50.
06:43:34 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, second by
06:43:36 Mr. Cohen, along with the revision sheet.
06:43:39 All in favor of the motion, please indicate by saying aye.
06:43:40 Opposed nay.
06:43:43 The ayes have it unanimously.
06:43:44 Thank you all very much for attending.
06:43:46 >> Motion carried with Mulhern being absent.
06:43:48 Second reading and adoption on March 1st at 9:30 a.m.
06:43:53 >>CHARLIE MIRANDA: Okay, we go to item number 9.
06:43:55 Item number 9.
06:44:35 >>ABBYE FEELEY: Item number 9, Abbye Feeley, Z 12-03,
06:44:39 located at 1503 South Howard Avenue.
06:44:42 The request this evening is from RM, residential
06:44:46 multifamily, 24 units, to PD, planned development for
06:44:50 office, business, professional, as well as all RM uses.
06:44:54 There are four waivers being requested.
06:45:01 And several more that need to be added in between first and
06:45:04 second reading.
06:45:05 I'll go and dust those briefly.
06:45:08 The first is to reduce the required landscape buffer in
06:45:16 between the residential to the north and the south.
06:45:18 And the west.
06:45:20 And I have more specifically what those buffers are.
06:45:25 The second is to reduce the required parking spaces from
06:45:28 five to zero.
06:45:29 The third is to reduce the on-site drive aisle width from
06:45:33 ten feet to the existing seven feet of road and driveway.
06:45:37 Last is to allow commercial traffic access to a local street
06:45:41 the requests before you tonight is to keep the existing
06:45:45 building and allow for business professional office to go
06:45:49 into that building.
06:45:50 It is a contributing structure, it is located in the Hyde
06:45:53 Park historic district.
06:45:56 Dennis Hernandez and Ron deal from historic preservation are
06:45:59 not here.
06:46:00 It go before the NRC for recommendation to occupy the
06:46:08 And I know I should've let Tony come up and talk to you
06:46:14 about the plan amendment before I got into my discussion.
06:46:17 But I'm kind of in to it right now.
06:46:19 [ Laughter ]
06:46:20 >> You want me to stop, Tony?
06:46:24 So everything on the site is built and is seeking to remain
06:46:28 in its current condition.
06:46:29 In fact, the condition of the structure has been improved
06:46:32 during the time of this application being submitted as
06:46:35 improvements have been made on the property.
06:46:37 Let me go ahead and let Tony talk to you about the planning
06:46:40 district and then I'll come back up and talk about the
06:46:42 specifics of the plans.
06:46:43 Forgive me.
06:46:46 >>TONY GARCIA: Tony Garcia, Planning Commission staff.
06:46:53 I've been sworn.
06:46:54 She just got carried away with the excitement, I guess.
06:46:57 So this is one of the four that we are going to be
06:47:01 discussing tonight.
06:47:03 That's in the South Tampa planning district, as you can see
06:47:06 right there.
06:47:07 The land use category, subject site, is just north of
06:47:11 Bayshore, as you can see on the south part of Howard.
06:47:14 Residential 35 is a land use category, just to the north a
06:47:18 mixed youth 35.
06:47:20 To the north, couple other restaurants to the north.
06:47:24 You do have a lot of neighborhood serving general uses to
06:47:27 the north.
06:47:28 The site is on either side as represented by residential.
06:47:33 So do you have a residential character, flavor to the area.
06:47:36 The site is going to remain in fact as it is right now,
06:47:40 because that's as most importantly what she told you, is a
06:47:43 contributing structure.
06:47:44 It's going to remain, the integrity residential integrity of
06:47:47 the structure is going to remain intact.
06:47:49 We're talking about this evening a change of use to offer
06:47:52 professional office.
06:47:52 I thought what was also intriguing from five space to zero,
06:47:59 tells me there's not any transportation impact to the area.
06:48:02 Sound like it's going to be very small as far as the
06:48:05 intensity being proposed by the applicant.
06:48:07 But I guess that's the case, that case is going to have to
06:48:11 be made by the applicant to you this evening.
06:48:13 But as far as the request to use as professional office, the
06:48:17 use can be allowed, it is considered because this does meet
06:48:20 locational criteria as it is on what we would classify an
06:48:23 arterial road, which is Howard, even though it's one way, it
06:48:27 serves more as a collector, but does have a significant
06:48:30 amount of traffic that does go along this particular segment
06:48:34 of Howard to get to Bayshore and of course people coming off
06:48:37 Bayshore to go up Howard.
06:48:39 So Planning Commission staff found the proposed request
06:48:41 consistent with the comprehensive plan.
06:48:43 Thank you.
06:48:47 >>ABBYE FEELEY: Thanks, Tony.
06:48:48 Let me show you -- I'm all out of sorts this evening.
06:49:05 I am so sorry.
06:49:06 Okay, here's the site as shown to you in green.
06:49:18 You can see the whole RM-24 segment that starts at, comes
06:49:26 down to palm, with Howard being to the east.
06:49:28 RM-24 does allow for other uses besides just residential.
06:49:39 In fact, you could have an office, a home office in this
06:49:43 structure under the RM-24.
06:49:45 But if you're not seeking to reside there, then you would
06:49:49 need another zoning district.
06:49:50 Here's the site shown in yellow.
06:49:52 Many of you have traveled this area, know that there's
06:49:57 development under way at palm and Howard, it is an assisted
06:50:02 living facility.
06:50:03 And you I have some photos of that to show you as well.
06:50:06 As I mentioned to you, these are the elevations that are
06:50:14 with your plan.
06:50:15 There have been modifications that have been going on to the
06:50:19 Here is the subject property.
06:50:22 Here's the rear.
06:50:26 This is single family residents to the north.
06:50:32 Single family residence to the south.
06:50:37 This is the assisted living facility to the south.
06:50:43 There's a medical office at the northwest corner of Howard
06:50:47 and straws Strauss.
06:50:51 Looking north.
06:50:58 This is from the property looking out toward Howard.
06:51:01 This is the ribbon driveway area.
06:51:03 This is the driveway in the back.
06:51:08 That leads out to Stroud.
06:51:13 This is the single family residents to the south, that also
06:51:19 has a ribbon driveway.
06:51:21 Next to it.
06:51:23 So it's looking out towards Stroud.
06:51:26 Here's looking north on Howard.
06:51:30 As Tony mentioned, Bern's park, Ceviche.
06:51:35 Then immediately across the street.
06:51:40 You can see a pretty good picture of where we are.
06:51:45 So this is a waiver from five spaces down to zero spaces.
06:52:07 Because tandem parking is typically not utilized in a
06:52:12 commercial district.
06:52:13 And given the current situation and configuration of the
06:52:15 site, the options for parking are the -- is the tandem
06:52:20 parking scenario or -- and also if you provide any parking
06:52:24 spaces, the first space you have to provide is an ADA space.
06:52:28 So, given the depths of the drive, I'm sure Mr., it's very
06:52:36 difficult to get all that operating in there.
06:52:37 So that was one of the reasons why the waiver was down to
06:52:41 zero, if they weren't required any parking, then they may
06:52:46 not have to provide that ADA space on the property.
06:52:49 There is a way I believe through the department of state to
06:52:52 get a waiver to that ADA space.
06:52:56 And I know also in this instance, given the historical
06:52:59 nature of the structure, that it is not having to be
06:53:03 retrofitted to be ADA accessible because of the historic
06:53:07 nature of the structure and its preservation.
06:53:09 So I'm sure they'll talk to that further.
06:53:11 Was on your revision sheet tonight though talks about
06:53:18 allowing the current configuration on the site plan before
06:53:21 That means we'd need to add a waiver for tandem, because
06:53:25 tandem is typically only for rest definition.
06:53:27 That would allow them to park three vehicles in the
06:53:30 In the current ribbon situation.
06:53:32 And then they themselves would have to manage that
06:53:35 And then also to allow, if the ADA space were to stand
06:53:42 current location to allow for maneuvering in the
06:53:45 right-of-way to back up.
06:53:46 And then lastly, a waiver to the overlay, because the
06:53:49 overlay does not allow parking in the front of the property.
06:53:54 Along Howard.
06:53:55 So you'll see those on your revision sheet.
06:54:00 The other part to that is, if we were to turn that space and
06:54:03 make it north-south, so that it wasn't backing out, it would
06:54:07 still require the maneuvering in the right-of-way.
06:54:09 Still require it is tandem.
06:54:11 Still requires the overlay waiver.
06:54:15 And also would require vehicle use area waiver.
06:54:18 So the question really is before Council this evening on how
06:54:21 they wish to proceed on that, and I'm sure Mr. Grandoff will
06:54:28 In your staff report, transportation has objection related
06:54:38 to the waiver of all the parking spaces.
06:54:40 And also the access on Stroud Avenue.
06:54:43 As did I show you, there is a medical office just to the
06:54:46 north of this site on Stroud.
06:54:47 And all of their parking spaces back into the right-of-way.
06:54:50 Just to let you know on that.
06:54:52 They also had a revision on the waiver, waiver number four
06:55:00 would need to be revised in between first and second
06:55:03 I think that that was it.
06:55:10 I did provide you with a copy of the recommendation from the
06:55:15 This case went before them on January 9th and it was
06:55:18 recommended for approval as presented.
06:55:20 However, the A.R.C. did recommend that no front yard parking
06:55:24 be permitted and that the applicant request the parking
06:55:26 waiver to the zero spaces.
06:55:28 Staff is available for any questions.
06:55:32 >>CHARLIE MIRANDA: Thank you.
06:55:34 Good evening, Mr. Chairman.
06:55:45 My name is John Grandoff.
06:55:47 My address is 3700 Bank of America Plaza.
06:55:51 And I'm here this evening representing Peter and Donna
06:55:56 Peter is here, if you raise your hand for a moment.
06:56:00 We're also joined by Mr. Mark Sullivan, professional
06:56:04 engineering who prepared the site plan Ms. Feeley just went
06:56:07 over with you in detail.
06:56:10 We request your approval this evening for several reasons.
06:56:12 Mrs. Feeley is very creative in her suggestions in working
06:56:17 with Mr. Sullivan in solving some of the challenges that you
06:56:21 With a home that was built in 1922, at the time that Howard
06:56:25 Avenue was the county line.
06:56:27 And the home has continued there.
06:56:30 And sometime around 1989, in zoning conformance, it became
06:56:35 RM-24, which would allow you to build 24 units per the acre.
06:56:39 On a 50 by 90-foot lot.
06:56:42 The architectural historical significant neighborhood, how
06:56:48 do you serve all of these masters and foster business in a
06:56:52 prime business area?
06:56:54 Peter and Donna simply want to bring the real estate office
06:56:59 to Howard Avenue in an ideal location, and the RM-24 zoning
06:57:05 district does not permit that.
06:57:06 Now, that is for a later day, but this evening we have
06:57:09 brought to you this PD to solve this issue by providing
06:57:14 through-way access to Stroud Avenue.
06:57:18 Which you would come up the driveway and merely continue to
06:57:21 the right and exit on Stroud.
06:57:23 Continue the ribbon driveway, which was characteristic of
06:57:28 the time when the home was built.
06:57:30 Peter's already initiated painting the structure and
06:57:34 rehabilitating it.
06:57:36 So we have come up with some creative ideas.
06:57:38 It's going to require waivers from you.
06:57:40 The building's not moving at all.
06:57:41 But as you apply Chapter 27, you get hemmed in by some of
06:57:45 these requirements, waivers, setbacks, buffers, etcetera.
06:57:48 The transportation waiver, we're asking you to allow us to
06:57:56 exit on Stroud Avenue instead of having to back in to Howard
06:58:00 Avenue as you're exiting the property.
06:58:03 That's necessary if you're going to allow the tandem
06:58:08 If cars are going to line up behind each other.
06:58:12 As you would typically have in a residential use, you park
06:58:15 behind a sibling's car or a spouse's car.
06:58:18 We simply want to have the opportunity for the front car to
06:58:21 just continue through to Stroud and circle around to Howard
06:58:24 Frankland avenue and leave.
06:58:26 Or if the there's only one car in the deprive way, that car
06:58:30 could back out.
06:58:31 Very typical you would do if someone was living there.
06:58:34 I don't think you would sense a difference once Peter and
06:58:37 Donna start operating their real estate office at this
06:58:40 So we have come up with these suggestions.
06:58:42 We respectfully request your approval this evening.
06:58:45 We have the site plan available.
06:58:47 We have photographs.
06:58:48 I've had two telephone calls, both of which have been
06:58:51 supportive of the project.
06:58:52 And we are agreeable to the revisions that Abbye has put
06:58:56 forward in the revision sheet and we can certainly do those
06:58:59 with Mr. Sullivan between now and the second reading.
06:59:02 Thank you for your time.
06:59:04 >>CHARLIE MIRANDA: Thank you very much.
06:59:04 Anyone in the audience care to speak to item number 9?
06:59:07 Please come forward.
06:59:19 >> Good evening.
06:59:20 My name is Bruce Krentzman.
06:59:23 I reside at 3301 Bayshore Boulevard.
06:59:26 I own some condos walking distance from the structure that
06:59:30 we're talking about tonight.
06:59:31 And for years, people in my building have walked by that
06:59:36 property and has been an eyesore.
06:59:38 We growing up, wretched conditions.
06:59:43 Now, it's getting to be a show place.
06:59:47 As you can see from the pictures.
06:59:49 And I speak from other people that live at the harbor house
06:59:55 a couple doors down.
06:59:56 The they're very pleased what's going on there.
07:00:01 And surrounding those houses, there's assisted living
07:00:05 facility going in.
07:00:06 And I think this real estate office would just blend in
07:00:11 beautifully at that corner.
07:00:14 Thank you.
07:00:15 >>CHARLIE MIRANDA: Thank you very much, sir.
07:00:16 Anyone else in the audience care to speak on item number 9?
07:00:30 >> Mr. Chairman, Ms. Pollyea has given me a speaker waiver
07:00:34 form, with one name on it.
07:00:36 Archie Giannella.
07:00:42 One additional minute please.
07:00:53 >> Good evening, everyone.
07:00:54 My name is Vicki Pollyea.
07:00:57 President of Bayshore Gardens neighborhood association where
07:01:00 this property is located.
07:01:01 I am very pleased to be here.
07:01:03 I often talk off of a speech, so I'm giving you a copy of
07:01:08 what I'm supposed to be saying.
07:01:09 So if I don't say it, you'll have to read it at least.
07:01:12 One of the things that happens when live in the same house
07:01:15 for 30 years, you get to know the history of the properties
07:01:18 around you.
07:01:19 And how we got to this point where we're asking for a PD and
07:01:23 a zero parking waiver.
07:01:25 I wanted to remind everyone here that just seven years ago,
07:01:30 that entire block was full of residents.
07:01:32 We lost the apartment buildings, we lost, they were empty.
07:01:38 The land was empty.
07:01:39 We lost -- we have three single family homes that were on
07:01:44 them, two of them are historic.
07:01:45 Mr. Schneider, I know permanently, he's a great guy.
07:01:50 He's invested a lot of money restoring this property.
07:01:52 But he needs a PD to run it.
07:01:55 He's asking for waivers that come to be needed as a result
07:01:59 of what happened to the property around it.
07:02:01 I'm not here to oppose the waivers.
07:02:04 The projects are far too along.
07:02:07 I just want to make sure that City Council is aware of how a
07:02:10 situation like this develops.
07:02:12 So that in order to prevent it from happening to another
07:02:15 Mr. Schneider's project will only have two to three
07:02:21 But then we're going to be stuck with a PD and we are
07:02:24 concerned with what can happen in the future.
07:02:26 We are also a little concerned about the modifications that
07:02:29 have been made because of the new development surrounding
07:02:32 The backyard has been shortened.
07:02:34 There's also an alley that's been built.
07:02:39 We mentioned the zero parking waiver and about the future of
07:02:42 We also have some concerns about the exit of this alley,
07:02:48 which was built for this property and other historic home
07:02:51 next to it.
07:02:52 This new alley exit is less than 50 feet from Howard Avenue.
07:02:56 It's directly across from a physician's parking lot, that
07:02:59 has parallel parking, it backs into Stroud.
07:03:02 That is also used 24/7 for valet parking.
07:03:06 It is next to -- next to that is the memory care center,
07:03:13 which is a few feet away from one of the worst
07:03:18 intersections, Stroud, Alabama and Texas.
07:03:22 Which is this try angle right here.
07:03:25 So we have one, two, three parallel parking and Howard
07:03:30 And we're just concerned about that impact on our
07:03:33 I had to laugh when Abbye referred to it as the nursing
07:03:39 home, because this is a memory care center that's being
07:03:43 If it had been a nursing home that was built, we would have
07:03:45 come before you and expressed our concerns.
07:03:48 But because this is very unique zoning called memory care
07:03:53 center, it's an S-1 process.
07:03:56 And Abbye and Cathy had explained to me that that is an
07:04:04 inhouse approval.
07:04:05 Memory care centers didn't have any hearings.
07:04:08 You never had anything to do with it.
07:04:09 I know you got phone calls about it.
07:04:11 I got phone calls about it.
07:04:13 But it does function as a nursing home.
07:04:16 It has 90 beds.
07:04:17 It has nursing staff.
07:04:19 It has delivery trucks, it has visitors.
07:04:21 It's because of the unbundling and bundling of this property
07:04:26 that resulted in everything getting kind of smaller around
07:04:30 Mr. Schneider's property.
07:04:32 I really would encourage you to look at memory care center
07:04:36 designation in the city code.
07:04:39 It's a bad code that doesn't allow us to come before you.
07:04:43 The town homes directly across from it would love to have a
07:04:47 They didn't get to go ask for that.
07:04:49 We would love to see a little bit more about this traffic.
07:04:52 We didn't get to go see you about it.
07:04:54 It's an S-1 approval process and I think that's something we
07:04:58 need to look at.
07:04:59 Appreciate you giving knee extra time.
07:05:01 I'll be here for any questions.
07:05:03 And I think it's a beautiful building and will do a great
07:05:06 Thank you.
07:05:07 >>CHARLIE MIRANDA: Thank you very much.
07:05:08 Certainly appreciate it.
07:05:09 Yes, sir?
07:05:09 >> Yes, thank you, Mr. Chairman.
07:05:11 Members of Council, with regard to what Ms. Polly has
07:05:15 raised, it is outside the coach your decision today, I would
07:05:18 ask if you choose to take it up, do it outside the scope of
07:05:23 the public hearing.
07:05:24 >> Thank you very much.
07:05:25 >> Okay, any other anyone in the audience care to speak on
07:05:33 item number 9?
07:05:36 >> My name is Ann Alton.
07:05:37 I live 2109 Bayshore Boulevard and Howard Avenue in the
07:05:41 Bayshore Royal.
07:05:43 And obviously, we are right across from the memory care
07:05:47 center and the two homes that are come under question.
07:05:51 I apologize, I was late getting away from work tonight and
07:05:55 didn't get to hear earlier.
07:05:57 >>CHARLIE MIRANDA: We need to swear you in.
07:06:01 [Oath administered by Clerk]
07:06:08 >> I just wanted to say that some of the things we're really
07:06:10 doing in the neighborhood in our own, in the Bayshore royal,
07:06:14 etcetera, have an awful lot to do with beautifying the
07:06:18 gateways into the historic district and the maintaining the
07:06:22 integrity of the historic district, a lot of the guidelines
07:06:25 that prevent paving front yards and doing things like that.
07:06:29 I just want to make sure we're very, very careful that that
07:06:32 Howard Avenue gateway into the historic Hyde Park district
07:06:36 is just an incredibly important corridor.
07:06:39 I think memory care center is doing a beautiful job with
07:06:42 what they're going to do.
07:06:43 I know that the homes, the two residential homes have been
07:06:48 But I just want to hope that we can take a real hard look at
07:06:54 how that impact is going to be on our gateway right there
07:06:57 into the district.
07:06:58 Thank you.
07:07:00 >>CHARLIE MIRANDA: Thank you very much.
07:07:00 Anyone else care to speak on item number 9?
07:07:05 I see no one.
07:07:07 >> Motion to close is the.
07:07:09 >> Second.
07:07:09 >>CHARLIE MIRANDA: You want to speak to those concerns?
07:07:14 >> Yes.
07:07:15 I'd like to provide some information to Ms. Pollyea briefly.
07:07:21 She's concerned about the PD and what can happen in the
07:07:25 I can assure you, this project is an office use.
07:07:29 It will remain an office use under the PD.
07:07:32 If that's ever change, the City Council will have to
07:07:34 consider that change.
07:07:35 That's what happened.
07:07:37 As far as justifying the exit to Stroud Avenue, it is an
07:07:42 excellent planning technique to allow that and to approve
07:07:46 that under your code for the simple reason that it is truly
07:07:49 an alley.
07:07:51 And think of the alley that you have on Swann avenue coming
07:07:54 from Howard Avenue all the way down to Bayshore.
07:07:56 And the many alleys that you have in new suburb that are
07:08:01 beautiful that empty on to MacDill Avenue.
07:08:03 It's an excellent planning concept.
07:08:09 Encourage to use the alley if at all possible.
07:08:12 We believe that's justified to approve the Stroud exit.
07:08:15 And we urge you to approve that request.
07:08:18 I have nothing further to add.
07:08:23 Ask that you approve our application.
07:08:24 >>CHARLIE MIRANDA: Motion to close bring Mr. Reddick --
07:08:27 anyone else?
07:08:28 Seconded by Mr. Cohen.
07:08:29 Any Councilmembers?
07:08:31 All in favor of the motion, please indicate by saying aye.
07:08:33 Opposed nay.
07:08:34 The ayes have it unanimously.
07:08:35 Mr. Cohen, would you take item 9.
07:08:40 >>HARRY COHEN: I move an ordinance being presented for first
07:08:42 reading consideration.
07:08:44 An ordinance rezoning property in the general vicinity of
07:08:47 1503 South Howard Avenue, in the City of Tampa, Florida and
07:08:51 more particularly described in section 1, from zoning
07:08:54 district classification, RM-24, residential multifamily to
07:08:59 PD planned development, office, business, professional,
07:09:02 providing an effective date.
07:09:03 And incorporating revision sheet Z-12-03.
07:09:10 >> Second.
07:09:11 >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, have a second
07:09:13 by Mr. Reddick.
07:09:14 Further discussion by Councilmembers?
07:09:16 All in favor of the motion, please indicate by saying aye.
07:09:18 Opposed nay.
07:09:20 The ayes have it unanimously.
07:09:22 Thank you all very much for attending.
07:09:24 >> Motion carried with Mulhern being absent.
07:09:26 Second reading and adoption will be on March 1st
07:09:28 at 9:30 a.m.
07:09:30 >>CHARLIE MIRANDA: Go to item number ten.
07:09:46 >>CHARLIE MIRANDA: Too many attorneys in one room.
07:09:51 >> I am not AP attorney.
07:09:53 >>CHARLIE MIRANDA: Don't take offense.
07:09:54 I didn't say you were.
07:09:55 In fact, I love attorneys.
07:09:56 That's why I said there are too many here.
07:10:00 I can't fall in love with all of them.
07:10:02 >>ABBYE FEELEY: I think -- okay.
07:10:10 >> At least he the didn't say there were too many attorneys
07:10:13 on City Council.
07:10:17 >>ABBYE FEELEY: I apologize for the confusion.
07:10:19 There was apparently some confusion.
07:10:20 I just heard in the record and your ordinance reflects that
07:10:23 confusion on the site plan that you just approved, the
07:10:27 ordinance that you read it does include -- business
07:10:30 professional office uses as well as RM residential
07:10:34 multifamily uses.
07:10:35 The ordinance does not reflect that.
07:10:38 And so I'm trying to identify whether or not that was
07:10:41 intended to be removed from the site plan, RM uses or
07:10:45 whether or not I'm going to have to have you re-read the
07:10:48 ordinance to include the RM uses.
07:10:49 So, if we can hold this item and maybe move to the next one.
07:10:53 >>CHARLIE MIRANDA: I'm not a lawyer, but the evidence was
07:10:55 not based on the second part of what you just said.
07:10:58 >> Well, that's what's concerning me as well.
07:11:00 Because the testimony I heard did not include the RM uses.
07:11:05 >> If you could give me one moment or you want to move on to
07:11:09 the next case.
07:11:11 >>CHARLIE MIRANDA: We'll just be quiet for a side bar.
07:11:22 >>CHARLIE MIRANDA: We're going to take a five minute break
07:11:25 so we can come back refreshed.
07:11:28 Thank you very much.
07:11:29 Stand adjourned for five minutes.
07:11:33 [short recess]
07:20:39 >>MIKE SUAREZ: Here.
07:20:41 >>YVONNE CAPIN: Present.
07:20:41 >>FRANK REDDICK: Here.
07:20:44 >>HARRY COHEN: Here.
07:20:45 >>LISA MONTELIONE: Here.
07:20:46 >>CHARLIE MIRANDA: Here.
07:20:47 I'd like to reopen item 9 Z-1203.
07:20:51 Motion by Mr. Cohen, seconded by Mr. Suarez.
07:20:54 All in favor of the motion, please indicate by saying aye.
07:20:57 The ayes have it unanimously.
07:20:57 Yes, ma'am?
07:20:58 >> Julia Cole, legal department.
07:21:00 It has come to my attention yes the subsequent of this
07:21:04 application was also to include RM uses.
07:21:07 So therefore I need to make sure that you re-read the
07:21:12 With the all RM uses and I will go ahead and substitute that
07:21:16 between first and second reading.
07:21:18 But the title as it is read needs to be read with the RM
07:21:22 And RM-24 uses.
07:21:23 And we will have to ask the petitioner to restate their
07:21:29 position on that and if anybody in the audience wants to
07:21:31 speak to that --
07:21:34 >>CHARLIE MIRANDA: This is a little disheartening to me.
07:21:38 They already had RM 24.
07:21:40 I'm not talking to you.
07:21:41 Now they want to drop and get a PD, so they want to keep two
07:21:45 Is that it?
07:21:46 >> I think we need to have the petitioner make his position
07:21:49 on that from a legal perspective.
07:21:51 I understand his application was to include all RM-24 uses.
07:21:55 The staff report in one place had it, one place didn't have
07:21:58 It was on the site plan.
07:22:00 It may have been my fault e-
07:22:03 >>CHARLIE MIRANDA: I'm not here for fault.
07:22:05 I don't think it whats anyone's fault.
07:22:07 >> I will need to amend that.
07:22:09 >>CHARLIE MIRANDA: Petitioner, yes, sir?
07:22:10 >> Mr. Miranda, John Grandoff.
07:22:11 I take full responsibility for misstating that, Mr. Miranda.
07:22:15 We have RM-24 uses on the site plan.
07:22:18 And I spoken with Ms. Polly, she is okay request RM-24 uses
07:22:25 being preserved on the 8's plan and respectfully request the
07:22:28 ordinance be drafted to say that.
07:22:30 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
07:22:32 this item again?
07:22:33 Item number 9?
07:22:35 Mr. Suarez?
07:22:36 >>MIKE SUAREZ: May I ask a question?
07:22:37 This is just an informational question.
07:22:40 Either Ms. Cole or Mr. Grandoff, if you could answer it.
07:22:45 What's the purpose of keeping RM-24 on this in addition to
07:22:48 the PD?
07:22:50 Is it just so you have the leeway to change it back to what
07:22:54 the original use was?
07:22:56 Or what's the purpose?
07:22:58 >> The RM-24 does not let Peter have the office there.
07:23:01 Now Peter can --
07:23:03 >>MIKE SUAREZ: I understand that portion.
07:23:04 My question is, why not drop the RM-24?
07:23:07 >> Good business sense.
07:23:11 >>MIKE SUAREZ: That a platitude.
07:23:12 Give me an answer.
07:23:13 >> Well, because I think you want to have the highest and
07:23:16 best use of the property.
07:23:17 Right now the highest and best use of the property is
07:23:20 There may come a day when the highest and best use would be
07:23:23 RM-24 for a multifamily residential development there.
07:23:26 Preserving the home, remember, it's in the district.
07:23:29 So the day may come, Peter may say, this may be a better use
07:23:32 of the property to have residential there.
07:23:36 >>MIKE SUAREZ: That's an answer.
07:23:37 Thank you.
07:23:38 >>CHARLIE MIRANDA: Yes, sir?
07:23:39 >> If I can inquire just of Mr. Grandoff just for purposes
07:23:43 of the record.
07:23:44 You may representations to Mrs. Polly with regard to things
07:23:48 having to come before City Council should it ever change its
07:23:51 Other than its present use.
07:23:56 Does that change as a result, does that representation then
07:23:59 change as a result of what you're doing and changing the
07:24:02 ordinance to put --
07:24:03 >> Except for RM-24 uses, Peter would not have to come back
07:24:06 to City Council.
07:24:07 -- would have to come back to City Council.
07:24:10 For instance, if he wanted to put a commercial building
07:24:12 there, he'd have to come back to you to rezone the property.
07:24:15 >>CHARLIE MIRANDA: Just for the record, everyone in this
07:24:17 room today, other than the petitioner, the presenters and
07:24:20 this Council, all of them, certainly have the right and we
07:24:25 try to understand and listen to what they say.
07:24:27 But their say doesn't hinder or changes your position or any
07:24:33 other position that we're looking at today.
07:24:35 There's certainly entitled, it was presented and she read it
07:24:38 and gave it to us, and we read it coincidentally as she was
07:24:42 presenting her own case.
07:24:43 So we understand that.
07:24:44 But -- this is a hybrid.
07:24:51 I never had a hybrid zoning in my life.
07:24:53 This is like a Pria, an engine -- I'm not trying to be hard
07:25:00 or play hardball.
07:25:02 But I've never had one of these.
07:25:04 You have something, you want to give it up, because you
07:25:06 don't want to give up what you just had.
07:25:09 >> We have done it numerous times, Mr. Miranda.
07:25:11 We have preserved the existing zones as part of the, we did
07:25:16 it on Bay to Bay and Himes two weeks ago.
07:25:19 We do it frequently.
07:25:20 I should have proofed the ordinance with Ms. Cole and we
07:25:23 would have seen it at the beginning of the meeting.
07:25:25 >>CHARLIE MIRANDA: All right.
07:25:26 Anyone else?
07:25:27 Ms. Montelione?
07:25:28 >>LISA MONTELIONE: Thank you.
07:25:29 In reviewing the site plan and the staff report during my
07:25:36 briefing with staff earlier this week, it wasn't in my mind
07:25:43 when I was reviewing the site plan and I was thinking about
07:25:45 this request that it was going to retain the RM-24 uses.
07:25:51 That being said, the staff in the staff report, the first
07:25:57 line of the summary of request does in fact state that.
07:26:01 And I can read, because not everyone has the staff report in
07:26:06 front of them.
07:26:07 The applicant is proposing to rezone the property located
07:26:10 1503 South Howard Avenue from RM-24 to PD, to convert an
07:26:16 existing residential structure to a business professional
07:26:20 office and or any permissible uses under the RM-24 district.
07:26:27 So when staff reviewed this application, that was included
07:26:35 in their review.
07:26:36 So any comments, any concerns that would have surfaced, the
07:26:42 staff would have taken that into consideration before
07:26:47 presenting it to us.
07:26:48 See, while it wasn't presented in that fashion here tonight,
07:26:52 unfortunately, it was part of the staff report.
07:26:55 >>CHARLIE MIRANDA: Right.
07:26:56 It was not presented that way.
07:26:58 Anyone else?
07:27:01 Need a motion.
07:27:04 >> Move the -- I'm sorry, you wanted to -- you are amending
07:27:12 the title.
07:27:13 Thank you.
07:27:24 >> Motion to close the public hearing.
07:27:26 >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by
07:27:27 Mr. Reddick.
07:27:28 All in favor of the motion please indicate by saying aye.
07:27:31 The ayes have it unanimously.
07:27:32 Mr. Cohen?
07:27:33 >>HARRY COHEN: I'm going to attempt to read this.
07:27:37 I move an ordinance being presented for first reading
07:27:45 An ordinance rezoning property in the general vicinity of
07:27:48 1503 South Howard Avenue in the City of Tampa, Florida and
07:27:52 more particularly described in section 1, from zoning
07:27:56 district classification RM-24 to PD planned development,
07:28:04 office, business professional and or RM-24 residential
07:28:07 multifamily, providing an effective date.
07:28:10 >>CHARLIE MIRANDA: Have a motion by Mr. Cohen -- yes, sir.
07:28:12 >> I'm sorry to interrupt.
07:28:13 Just for the purpose of the record, this then amends your
07:28:16 previous motion?
07:28:17 >> It does.
07:28:17 I should also add that it includes the revision sheet Z
07:28:22 >> Second.
07:28:23 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
07:28:25 Mr. Reddick.
07:28:26 Further discussion?
07:28:27 All in favor of the motion please indicate by saying aye.
07:28:29 Opposed nay.
07:28:31 The ayes have it unanimously.
07:28:32 >> Motion carried with Mulhern being absent.
07:28:35 Second reading and adoption will be on March 1st
07:28:36 at 9:30 a.m.
07:28:38 >> Thank you very much.
07:28:38 >>CHARLIE MIRANDA: Item number 10.
07:28:46 >> Item 10 Z-12-04, located at 4006 South MacDill avenue.
07:28:53 The request before you this evening is PD planned
07:28:58 development, tea room, children, gift and bridal shop and
07:29:02 all CN uses to PD, planned development, office, business,
07:29:07 There was one existing waiver that was granted under the
07:29:11 two -- I mean 2004 zoning on this property and that was for
07:29:17 reduction of a monument sign setback from ten feet to two
07:29:21 There are four new waivers being requested based on the
07:29:25 modification under this application.
07:29:29 I'll let Tony make his presentation and then I'll come back
07:29:34 an finish mine.
07:29:37 >>TONY GARCIA: Good evening once again, Tony Garcia,
07:29:42 Planning Commission staff.
07:29:43 I have been sworn in.
07:29:44 South Tampa planning district once again the site is located
07:29:56 south of Euclid.
07:29:58 On MacDill.
07:30:01 So it's in between Euclid and Gandy.
07:30:04 Not quite halfway.
07:30:06 This area is character raised, allows general commercial,
07:30:14 residential 10, and some residential 20 to the east of the
07:30:17 Here's an aerial.
07:30:20 Let me give you the bigger aerial so you can see some
07:30:24 greater context.
07:30:25 It's pretty much residential.
07:30:27 There's the Bayshore to the east.
07:30:28 And there's MacDill.
07:30:30 It's kind of like a little village.
07:30:32 We're all pretty much familiar with this area.
07:30:34 Got some professional office uses in the area and some, as I
07:30:37 said, neighborhood serving, general commercial serving uses.
07:30:41 Heart of your district, Mr. Cohen.
07:30:43 Remember seeing all the signs there.
07:30:47 Going down to Gandy.
07:30:48 I digress.
07:30:50 The site, the request is really the expansion of an existing
07:30:54 CG use.
07:30:56 So, as far as the intensity is concerned, not going to be
07:31:00 any significant increase.
07:31:01 This is well under the existing floor area ratio.
07:31:05 Planning Commission staff found proposed request consistent
07:31:09 with the comprehensive plan.
07:31:11 >>CHARLIE MIRANDA: Thank you.
07:31:15 >>ABBYE FEELEY: The request before you this evening is to
07:31:21 rezone the property of 4006 south MacDill to construction 22
07:31:27 square foot addition on to existing 4,439 square foot
07:31:32 business professional office.
07:31:33 Half acre property was rezoned in 2003 to allow for a tea
07:31:38 room, children's gift and bridal shop and all neighborhood
07:31:41 commercial uses.
07:31:41 The site is surrounded by commercial to the sort and west.
07:31:45 Residential to the south.
07:31:46 Vacate residentially entitled property to the east.
07:31:51 The application proposes to expand the existing building
07:31:54 from 4539 square feet to -- let me revise that because I did
07:32:01 hear from Mr. Horner this afternoon that the square footages
07:32:05 were incorrect.
07:32:06 And I included that on the revision sheet but I didn't
07:32:08 modify my report.
07:32:09 The existing building is 3,692 square feet.
07:32:14 And the proposed would be 5911.
07:32:20 >> Excuse me.
07:32:21 Can you repeat those numbers again?
07:32:24 >>ABBYE FEELEY: Sure.
07:32:24 The existing building area is 3,692 square feet.
07:32:29 And the proposed area will be 5911.
07:32:33 >> Thank you.
07:32:34 >>ABBYE FEELEY: Therefore, based on the new numbers, a total
07:32:37 of 20 parking spaces would be required.
07:32:40 And 20 spaces are being provided.
07:32:42 The building setbacks are as follows.
07:32:45 1.4 foot to the north, 98 feet to the south, 1.6 foot to the
07:32:52 west and 27 feet to the east.
07:32:55 The maximum building height listed on the plan was 45 feet.
07:33:01 I have talked to the architect concerning that.
07:33:04 And the maximum height is 25 feet.
07:33:08 So I'm asking that that be revised in between first and
07:33:11 second reading.
07:33:12 Let me go ahead and show you the property.
07:33:14 And the atlas.
07:33:16 This is the site shown here in green.
07:33:32 MacDill to the west.
07:33:33 There's a private drive that I'll show you immediately to
07:33:38 the south of the property that was contained in the previous
07:33:45 Bay view is to the north.
07:33:46 The yellow box here shows the area of the PD.
07:33:56 The 2003 PD which I referred to in my staff report actually
07:34:00 included both this piece and the piece to the east.
07:34:03 This was to be ten single family residential units.
07:34:08 Back here, that PD will remain back there for that use and
07:34:12 the PD we're talking about is just the front portion here
07:34:16 The west portion.
07:34:17 Here's a photo of the existing building.
07:34:25 This is from the southwest corner looking north.
07:34:30 This is from MacDill looking east.
07:34:34 This is also from MacDill looking east.
07:34:38 You'll see on your site plan that this parking area here,
07:34:41 this asphalt is going to be improved and is going to be
07:34:45 Here is the existing parking area.
07:34:49 Another view.
07:34:51 You'll see that there is an existing concrete masonry wall
07:34:56 located on the east of the side and also on the south of the
07:34:59 Looking south down MacDill.
07:35:01 This is the property immediately to the north.
07:35:05 This is the rear of the building where the addition will be
07:35:10 Another view of that looking north.
07:35:15 This is the drive to the south as you'll see on your site
07:35:21 You're going to enter on MacDill.
07:35:23 It will be one way.
07:35:24 And then exit and come out onto this, this drive back out to
07:35:29 MacDill Avenue.
07:35:30 This is the area that entitled for the residential beyond
07:35:34 that gate there that has not been built and remains vacant.
07:35:38 This is from the rear of the parking looking back toward
07:35:41 Immediately across the street.
07:35:44 To the northwest of the site.
07:35:48 And here's a view up MacDill Avenue from the property.
07:35:51 As I stated, Mr. Horner did contact me this afternoon or
07:36:02 this morning with the revised square footages.
07:36:04 Therefore, that parking waiver will go away when the square
07:36:08 footages are modified on the site plan.
07:36:11 Let me just go through.
07:36:16 Do I need -- it was also a waiver for reduction in setback,
07:36:21 which we don't require on a PD.
07:36:22 So I'm asking that that waiver be removed as well.
07:36:26 So those two waivers, they do need to revise their waiver to
07:36:31 allow for reduction in the drive aisle width, from 26 feet
07:36:36 to 23 and a half feet.
07:36:37 Also for reduction in vehicle use area buffers.
07:36:40 Mary had some additional revisions required just to take
07:36:51 care of tree and landscape issues.
07:36:53 Those are provided on your revision sheet.
07:36:56 Also a back to that transportation is asking that the angled
07:37:01 face lines be removed and the perpendicular space lines,
07:37:05 90-degree space lines be utilized.
07:37:09 And also there are comments from solid waste concerning the
07:37:13 refuse carts and additional notations as well as visual
07:37:16 depictions that need to be added to the site plan in between
07:37:19 first and second reading.
07:37:21 Those modifications being made, staff would find the request
07:37:25 consistent and we are available for any questions.
07:37:29 >>CHARLIE MIRANDA: Thank you very much.
07:37:42 >> Mr. Chairman and Councilmembers, nice to be back.
07:37:45 For the record, Michael Horner again, 14052 North Dale Mabry
07:37:49 Highway representing Majesty Title, my client, Mr. Vincent
07:37:56 We have been working with them the last four months on this
07:37:59 We do apologize for the difference in the numbers.
07:38:01 We just discovered we had a survey disclosure that was not
07:38:05 reflected on the plans.
07:38:06 That survey was inconsistent with the property appraiser's
07:38:09 office, which reflected 4539 square feet when essentially
07:38:14 it's about 3700 square feet.
07:38:16 Therefore the square footage comes down.
07:38:19 Less intense than what we were actually requesting.
07:38:21 Parking waivers, as Abbye noted disappeared.
07:38:24 And one other waiver also goes away.
07:38:27 Councilmembers, I know you're familiar with this project.
07:38:30 It's been there forever.
07:38:32 Used as commercial.
07:38:33 Used to be the bridal boutique and tea house.
07:38:37 Specialty commercial, as well as hammer title.
07:38:39 My client is also in the title business, Majesty Title
07:38:44 closed on this property in the fall.
07:38:46 Been working closely with staff to allow for transition
07:38:49 essentially to office uses.
07:38:50 This expansion is 2200 square feet.
07:38:53 It replicates the same degree of building setback on the
07:38:56 north side.
07:38:57 We don't have abutting residential to the north.
07:39:00 We have an alley.
07:39:01 My client intends to enclose that entire area as a courtyard
07:39:04 as well for his employees.
07:39:06 Through the work efforts with Jonathan Scott,
07:39:09 transportation, actually redesigned parking lot and gone
07:39:13 from angled parking, mandated one way to a one way unified
07:39:19 access that essentially channelizes that driveway off
07:39:23 But allowed to have 90-degree parking spaces with the yield
07:39:27 is increased.
07:39:28 We have a better operation, as well as a better circulation.
07:39:31 Mr. Gary owns the property directly to the south and the
07:39:37 That driveway is a shared drive aisle.
07:39:40 We have been in touch with him.
07:39:42 Spoken with him.
07:39:43 He has no objection.
07:39:44 He's moving forward with his custom single family home
07:39:48 We respect his right for that driveway.
07:39:50 This is a win-win for both of us because essentially moves
07:39:54 those driveway movements from a two-way movement on his
07:39:57 portion of the access, brick driveway, to only an egress
07:40:01 from our client's property.
07:40:02 So the only movements coming out of our property would be
07:40:05 egress movements coming back to MacDill Avenue.
07:40:07 My client has invested just in the last 90 days thousands of
07:40:12 dollars upgrading this property, painting, improving, upon
07:40:17 granite for the front facade.
07:40:20 Takes great pride.
07:40:21 He has relocated from Azeele Street, former office title
07:40:26 company, actually I think it's on Bay to Bay Boulevard.
07:40:29 We have had property owners stop in, indicate that they're
07:40:32 in support.
07:40:32 We noticed the signs, got the letter, we're appreciating the
07:40:35 improvements that he's made.
07:40:36 We are actually, Councilmembers, if you look at the plan in
07:40:40 front of you, restoring this entire front asphalt pavement
07:40:46 area back to green space.
07:40:47 This portion of the building is all asphalt.
07:40:51 Not a stitch of grass.
07:40:52 My client working with the city, re-channelize that
07:40:56 driveway, extend the sidewalk across the front, as well as
07:41:00 restore that facade and plant additional trees along the
07:41:04 Full support of staff, recommendations of approval, no
07:41:10 objections that we're aware of.
07:41:12 Planning Commission findings of consistency.
07:41:14 We do have an extensive list based upon the changes in the
07:41:18 We have no objection to that.
07:41:19 Revised slight for improvements.
07:41:22 Notations between first and second reading.
07:41:25 Be happy to answer any questions.
07:41:26 Mr. Chairman, I do have Mr. Vince Cassidy, the owner, if he
07:41:31 could make a brief comment into the record.
07:41:34 >>CHARLIE MIRANDA: Ms. Montelione?
07:41:36 >>LISA MONTELIONE: Mr. Horner, the rendering we're looking
07:41:40 at on the screen, is the correct one?
07:41:45 Because the parking there shows the 90-degree angle.
07:41:48 >> Yes.
07:41:49 >>LISA MONTELIONE: This site plan shows the angles parking.
07:41:52 Also shows that a tree would be coming out and that shows
07:41:54 that the tree would be retained.
07:41:59 >> Yeah.
07:41:59 That's not our client's tree.
07:42:01 The angled spaces are actually shown to reflect existing
07:42:06 But you're absolutely right.
07:42:07 Proposed spaces are being modified to be 90-degree.
07:42:12 >>LISA MONTELIONE: So with the 90-degree, then this -- on
07:42:16 the plan, because I see Abbye is looking at me -- on the
07:42:21 plan it shows this existing tree is staying.
07:42:24 That's just a line right there for the angle parking space.
07:42:31 >>ABBYE FEELEY: On the revision sheet, these lines will go
07:42:38 There is no tree there now.
07:42:40 That will be a new island.
07:42:41 And then new tree will be planted this.
07:42:45 I think I showed you a back view here.
07:42:47 There are flow trees.
07:42:48 They're going to put those trees in.
07:42:50 >>LISA MONTELIONE: Just wanted to clarify.
07:42:52 The area calculations, once the existing building, square
07:42:56 footage is corrected, then the area calculations, total
07:43:00 green space will also change as well, slightly, I know.
07:43:05 >> Well, no, because they have 20 spaces now.
07:43:08 With the square footages, the way they were, they were
07:43:11 asking for a three space waiver, but because the, these
07:43:15 were --
07:43:16 >>LISA MONTELIONE: I'm just talking about the table on the
07:43:18 site plan.
07:43:21 >> The green space should stay the same.
07:43:23 It was figured with those -- you see the angles there.
07:43:29 But they were not calculated that I way.
07:43:32 We calculated everything based on employing the 90-degree
07:43:36 And that's why in the front you're going to get those brand
07:43:41 new islands.
07:43:42 And where the handicap, the ADA space is currently down here
07:43:49 and backs into the right-of-way.
07:43:51 That's going to be moved.
07:43:53 And all this will be all new.
07:43:54 Because in my photos, you saw that it's all -- here's one
07:44:04 looking south.
07:44:05 You see the ADA spaces here.
07:44:07 All this is now going to have a green space adjacent to the
07:44:11 right-of-way instead of this.
07:44:15 >>LISA MONTELIONE: That will be a tremendous improvement for
07:44:16 the streetscape.
07:44:18 >> Instead of the situation where you're just backing right
07:44:20 out into MacDill, I mean, I parked over here.
07:44:25 It's a little bit scary because the walk is actually there,
07:44:28 but people just drive right over the sidewalk.
07:44:33 I went out to, down to the entrance, whatever.
07:44:39 So the green space should stay the same.
07:44:41 The 90-degree spaces are going to be corrected so they're
07:44:45 accurately depicted.
07:44:46 When they pull a permit for the improvement for the
07:44:48 addition, that's when it would trigger all these
07:44:51 improvements to come into play.
07:44:52 >>LISA MONTELIONE: I was just looking at the mathematical
07:44:55 calculations on the area.
07:44:59 >> Site data table, Ms. Montelione, will be revised to
07:45:02 reflect --
07:45:03 >>LISA MONTELIONE: That's what I was getting at.
07:45:05 >> The reduced square footage, so the FAR dropped
07:45:07 proportionately, existing proposed.
07:45:09 The building, the footprint, the layout is all correct.
07:45:11 The numbers are just different because of the square footage
07:45:15 >>LISA MONTELIONE: Thank you, Mr. Horner.
07:45:17 >>CHARLIE MIRANDA: Yes, sir?
07:45:20 >> Thank you, I arrived a little late.
07:45:22 If you want to swear me in.
07:45:28 [Oath administered by Clerk]
07:45:31 >> My name is Vincent Cassidy, 4006 South MacDill, Tampa,
07:45:37 My wife Mary and I own Majesty Title Services.
07:45:41 We also own the building we purchased in October.
07:45:43 Despite this great recession, the past five years, our
07:45:47 company has actually flourished quite a bit.
07:45:50 I need more space.
07:45:51 We bought this building.
07:45:54 I still need more space.
07:45:55 Our employees are kind of tight with each other.
07:45:57 They're a great team but they don't like working on top of
07:46:00 each other.
07:46:01 We're going to add square footage in the back and create a
07:46:04 courtyard for our employees to enjoy the outdoors.
07:46:06 We're very grateful for chance to come and talk to you about
07:46:10 this project tonight.
07:46:11 I've been in touch with a couple immediate neighbors.
07:46:13 Both have had a chance to hear what we're trying to do.
07:46:16 Neither have expressed any opposition to what we're planning
07:46:19 to do.
07:46:20 In fact, two of our neighbors on Bayshore Beautiful have
07:46:24 written letters.
07:46:25 I'd like to introduce those, representing support of our
07:46:29 We're really desire to build a great building or add to
07:46:32 great building.
07:46:33 You may notice we have added granite to enhance the area.
07:46:37 We're looking to be a great neighbor and create a desirable
07:46:41 I live close by, so we want too do the right thing.
07:46:44 Any questions, I'll be happy to answer them.
07:46:46 >>CHARLIE MIRANDA: Thank you very much, sir.
07:46:47 Anyone in the audience care to speak on this item, item
07:46:51 number 10, Z-12-04?
07:46:55 I see no one.
07:46:57 >> Move to close.
07:46:58 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, second by
07:47:00 Mr. Cohen.
07:47:01 All in favor of the motion, please indicate by saying aye.
07:47:03 Opposed nay.
07:47:05 The ayes have it unanimously Ms. Montelione, would you
07:47:08 kindly take number ten please?
07:47:21 >>LISA MONTELIONE: I propose an ordinance presented for
07:47:22 first reading consideration, an ordinance rezoning property
07:47:25 in the general vicinity of 4006 South MacDill avenue in the
07:47:29 City of Tampa, Florida and more particularly described in
07:47:32 section 1, from zoning district classifications PD planned
07:47:35 development tea room, children, gift and bridal shop and all
07:47:39 CN uses, to PD planned development, office, business
07:47:42 professional, providing an effective date.
07:47:44 With any waivers and revisions necessary to the site plan as
07:47:50 we discussed.
07:47:53 Revision sheet Z 12-04.
07:47:58 >>CHARLIE MIRANDA: He believe there are a couple changes.
07:48:00 35 feet should be 25 feet.
07:48:02 >>LISA MONTELIONE: Square footage will change.
07:48:04 All of the changes mentioned by staff.
07:48:07 >>CHARLIE MIRANDA: All right.
07:48:09 Have a motion for the ordinance my Mrs. Montelione, with
07:48:11 revision sheets.
07:48:14 >>LISA MONTELIONE: If Mr. Shelby can clarify something for
07:48:17 me for the record.
07:48:19 >> Ms. Montelione, you had said one of the speakers, the
07:48:22 gentleman's name I don't recall.
07:48:24 >> Mr. Cassidy from Majesty Title Services will be
07:48:28 participating in the Federal Reserve workshop that I'm
07:48:31 holding on February 24th.
07:48:32 I just wanted, since I was the maker of the motion, I wanted
07:48:35 to clarify, although I have not met Mr. Cassidy in person
07:48:39 and not spoken to him in person, I just wanted to make that
07:48:42 >> It is my opinion, because this does not constitute ex
07:48:46 parte administration, that it is appropriate and you are
07:48:50 required to vote.
07:48:52 >>LISA MONTELIONE: Thank you, Mr. Shelby.
07:48:55 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, whose
07:49:00 the second?
07:49:01 >>MIKE SUAREZ: I am.
07:49:01 >>CHARLIE MIRANDA: Thank you very much.
07:49:02 All in favor of the motion, please indicate by saying aye.
07:49:04 Opposed nay.
07:49:05 The ayes have it unanimously.
07:49:06 Thank you all very much for attending.
07:49:08 The clerk will tell you when the second is hearing.
07:49:10 >> Motion carried with Mulhern being absent.
07:49:14 Second reading and adoption March 1st, 9:30 a.m.
07:49:18 >>CHARLIE MIRANDA: Item 11.
07:49:20 >>ABBYE FEELEY: Item number 11.
07:49:21 Final case this evening is Z 12-05.
07:49:25 It's located --
07:49:25 [ Temporary Loss of Audio ]
07:49:27 >> Land use category, this yellow color was central six,
07:50:16 which allows for low density single-family detached
07:50:20 residential development primarily.
07:50:21 Here's Cleveland street and just north of Cleveland is going
07:50:24 to be Kennedy.
07:50:25 Here is Kennedy Boulevard right up here.
07:50:30 Subject site is on Azeele street.
07:50:32 It's solidly residential in character.
07:50:34 One of our more mature residential stable neighborhoods.
07:50:39 This is requesting to be allowed, to allow property split
07:50:43 allow development for two single-family detached residential
07:50:46 unit, which is in character with the surrounding homes in
07:50:51 the area.
07:50:52 Planning Commission staff found request consistent with the
07:50:57 comprehensive plan.
07:50:58 Thank you.
07:51:03 >>ABBYE FEELEY: Your staff report says inconsistent due to
07:51:10 the hundred percent of the tree removal.
07:51:12 I want to let you know, the applicant was in with Mary
07:51:16 Daniel for a good portion of the afternoon.
07:51:17 We have worked out mitigation and retention for the trees.
07:51:21 So, my revision sheet explains that and I'll be happy to go
07:51:25 over that as well.
07:51:26 The petitioner is proposing to rezone the property from RF
07:51:30 75 to PD to create two building lots.
07:51:35 The cease side will have dimension of 63-foot wide and 7,430
07:51:42 square feet of area.
07:51:43 The lot on the west side will have a dimension of 67 feet
07:51:46 wide, and 7,275 square feet of area.
07:51:50 The subdivision was originally platted in 1925.
07:51:54 With lots that varied in width from 50-foot in the internal
07:51:59 and the periphery varied from 50 feet to 103 feet.
07:52:03 The subject property has approximately 130 feet of frontage,
07:52:08 currently has one single-family residence.
07:52:11 The proposed development on the site would meet the RS-75
07:52:16 standards, minus dimension of the lot.
07:52:18 Standards setbacks for the RS-75 are 25-foot front, 20-foot
07:52:24 rear, seven feet sides and maximum height of 35 feet.
07:52:27 Go ahead and show you the property.
07:52:39 Also, I did want to show you the original subdivision map
07:52:48 for this area that I just referred to.
07:52:50 That was 1925, this is Westshore crest.
07:52:57 This actually is not part of the Beach Park subdivision.
07:53:00 The Beach Park subdivision picks up to the east of here.
07:53:05 Probably difficult to see on this sheet and I'm happy to
07:53:09 provide it up there.
07:53:11 The lots that we are talking about are right here.
07:53:14 Lots two and three.
07:53:15 You'll see a lot of the lots to the north of here were
07:53:19 50-foot lots.
07:53:20 Some of these ranged 103 feet as I just mentioned.
07:53:23 Some as small as 50 feet.
07:53:26 In a request like this, staff does do a red-blue map to show
07:53:31 you the existing development pattern of the area.
07:53:33 The existing development pattern of the area, if you meet
07:53:38 75 feet or greater, you are a red open the map.
07:53:41 If you are less than 75 feet, you are a blue on the map.
07:53:48 So, that original subdivision area I just showed you, West
07:53:54 Shorecrest, I did an analysis of that entire area, plus
07:53:59 given that this block, which contains the subject property
07:54:01 was on the periphery, I did do an analysis, including one of
07:54:06 the blocks from Beach Park.
07:54:09 That would be a continuity of the development pattern.
07:54:12 We did include that as well.
07:54:14 Of the total lots, I analyzed 71 total lots of this area.
07:54:20 And there are 30 red or conforming lots, that means, they
07:54:25 are 75 feet offer greater in width.
07:54:28 And there are 41 blue lots or nonconforming lots, which
07:54:33 means they are less than 75 feet in width.
07:54:36 Here's a general aerial.
07:54:43 And here is the zoning atlas.
07:54:52 Kennedy to the north and Cleveland, Azeele just to the south
07:54:56 on which this property is located.
07:54:58 Occident to the east.
07:55:01 And Gardenia to the west.
07:55:05 If you want to see or know any of the widths or what was
07:55:16 actually, I can go through my entire analysis for you, tell
07:55:20 you what is on each lot, how big the width is, to give you a
07:55:24 feel for where they were in relationship to the 75 feet.
07:55:29 Here's a picture of the property from Azeele.
07:55:38 This is the existing single-family residence.
07:55:41 That is located on the site.
07:55:43 This is the western portion of the site, which is vacant.
07:55:50 This is the property immediately to the east of the site.
07:55:58 The property's added to the east is a blue lot.
07:56:05 It is less than 75 feet in width.
07:56:07 The portion of the property that faces Azeele is actually
07:56:10 the side of the house.
07:56:12 And the front of the house faces on Occident and has its
07:56:17 driveway on Occident.
07:56:19 To the west of the subject property is the same situation.
07:56:25 It's a blue lot, less than 75 feet in width.
07:56:28 The side of that structure faces on to Azeele.
07:56:32 And the front faces on to Gardenia.
07:56:37 This is looking west down Azeele.
07:56:41 This is the house immediately to the south.
07:56:48 Another view of that.
07:56:49 This is again on the south side of Azeele.
07:56:52 There are a couple vacant pieces.
07:57:01 This is to the west.
07:57:04 I'm sorry.
07:57:05 This is at the intersection of Occident and Azeele looking
07:57:11 This is also along south side of Azeele.
07:57:14 This is to the west.
07:57:18 It's a vacant -- it's at the southeast corner of -- I'm
07:57:24 sorry, the northeast corner of Ward and Azeele.
07:57:27 There are some of the structures on Gardenia.
07:57:31 And this is also going up Ward.
07:57:45 I have a few from Occident as well.
07:57:48 As I previously mentioned, staff was concerned about the
07:57:54 tree and landscape.
07:57:55 Although this site is not an acre, so it does not have
07:57:59 required percentage of tree preservation.
07:58:03 Site over an acre, has a 50% retention.
07:58:06 So what staff always asked that the best trees on-site are
07:58:10 preserved if within, reasonable measure.
07:58:13 So Mary, per Mary's request, they're going to be three
07:58:18 transplanted trees, and two retained trees.
07:58:21 And then she had requested that all required trees be placed
07:58:27 at a minimum of four inch when they're put back on the
07:58:30 property in order to replace some canopy.
07:58:33 There is a grand tree on the northern property.
07:58:36 It's not on this site, but it is on the northern boundary
07:58:39 just on the other side and there's a grand tree at the
07:58:42 southwest corner along Azeele.
07:58:44 So, that being said, the site would be developed as I
07:58:49 mentioned to all of the RS-75 standards and based on the
07:58:54 existing development pattern, staff did find this request
07:58:57 consistent and we are available for any questions.
07:59:01 >>CHARLIE MIRANDA: Thank you very much.
07:59:02 Any questions by Councilmembers at this time?
07:59:04 Thank you.
07:59:06 Is the petitioner here?
07:59:14 >> Mr. Chairman, Council, I am Robert Parsons of 6221
07:59:20 Interbay Avenue.
07:59:21 I just want to express, I know Abbye did say it a couple
07:59:25 We don't have an intent, I know sometimes with PD, it is an
07:59:30 intent to change setbacks and to try to encroach upon
07:59:33 certain areas of the land.
07:59:34 But we don't have, no intention of doing that at all.
07:59:38 We want to maintain those buildings setbacks so the houses
07:59:41 in the neighborhood, which are uniform and setback, ours
07:59:46 will also be as well.
07:59:48 As far as beautifying the neighborhood, when you are facing
07:59:52 the south, you saw a couple of the pictures of the homes
07:59:55 facing the south.
07:59:56 And forgive me, I don't have those with me.
07:59:58 Those are actually in the Beach Park area.
08:00:01 We are right on the line being on Azeele.
08:00:04 We want to conform with those.
08:00:06 It actually adds, we think adds value to the neighborhood
08:00:10 and value to the personality and look of the neighborhood.
08:00:17 Again, this is also to be said, due to the economy, as far
08:00:21 as -- I'm in the construction business.
08:00:24 I'm actually a young builder.
08:00:25 I do not own the properties.
08:00:27 I would be doing the construction for the owner.
08:00:30 I'm a small builder in Tampa.
08:00:32 I've actually put several homes in the ground, mostly in the
08:00:35 South Tampa area.
08:00:36 And actually 50% of the lots that I'm used to building on
08:00:39 are only 50 the foot wide and 100 to 125 feet deep.
08:00:44 So these lots are certainly over that size.
08:00:46 Many of our beautiful neighborhoods, including Beach Park
08:00:50 have narrow lots.
08:00:51 And we believe that these homes will really exemplify and
08:00:55 present the homes that are currently in Beach Park.
08:01:00 Particularly a lot of new construction homes that are
08:01:02 currently there now.
08:01:03 The other side of it is, it's work.
08:01:05 It provides work for my workers and as well for me.
08:01:10 I'm a family man.
08:01:11 I have four children to raise.
08:01:13 And you know, having work in these times is hard to come by
08:01:19 So, that's a big part of it as well.
08:01:22 Just want to be frank.
08:01:24 Want to be honest with you there.
08:01:25 But we feel that, in talking with some of the neighbors
08:01:29 early on, we had a lot of positive feedback from this.
08:01:32 They were very open to it, because quite frankly, the house
08:01:36 that's there right now sitting really only on the one lot,
08:01:40 which is lot one, it almost looks like the intent was back
08:01:44 in the 50s, that another home was going to be built on lot
08:01:48 So for whatever reason it sat vacant for all these years.
08:01:51 So essentially what we're doing is rebuilding the one lot,
08:01:54 one house and putting another one on the vacant lot.
08:01:58 Just sort of conform to the way the neighborhood looks,
08:02:01 although though the lots may need your approval and we ask
08:02:05 for your approval to be able to conform to PD rather than
08:02:08 maintain the RS-75.
08:02:10 Let me stress, the only change is the square footage of the
08:02:14 lot and the front line, which is within a few feet of the
08:02:18 Everything else conforms.
08:02:19 The back setbacks, the side setbacks, front setbacks, the
08:02:23 transportation, the way the driveway looks, city aprons, the
08:02:27 sidewalks, everything will be uniform to transportation
08:02:30 code, City of Tampa buildings codes and municipal codes.
08:02:33 Any questions?
08:02:36 >>CHARLIE MIRANDA: Any question from Councilmembers?
08:02:38 Thank you very much.
08:02:39 >> Thank you, Mr. Chairman.
08:02:40 >>CHARLIE MIRANDA: Anyone in the audience care to speak to
08:02:42 this item?
08:02:44 Item 10?
08:02:46 Z 1205.
08:02:47 >> Mr. Miranda, I'm sorry.
08:02:51 Julie had asked me before, one item I omitted from my
08:02:55 report, was these are two platted lots.
08:02:59 As you know, if these lots were in single separate ownership
08:03:03 and you owned one and I owned one, and mine was still
08:03:06 availability, I could develop it today because they had been
08:03:08 in single separate ownership.
08:03:10 The issue before you this evening is because they've been in
08:03:13 common ownership, they lose that right as a platted lot to
08:03:17 be developed independently.
08:03:18 So, I just wanted to make that clear for the record, that
08:03:21 the lot lines being proposed are the originally platted lots
08:03:26 for these two pieces of property.
08:03:28 Thank you.
08:03:28 >>CHARLIE MIRANDA: Thank you very much.
08:03:28 Yes, ma'am?
08:03:29 >> I think we all need to be sworn in.
08:03:31 All three of us.
08:03:36 [Oath administered by Clerk]
08:03:41 >> Margaret Vizzi, 213 South Sherrill.
08:03:45 I'm on the board of the Beach Park homeowners association
08:03:47 and the zoning chair.
08:03:48 I just like to give Council a little bit of a history of how
08:03:53 this area, along with all of Beach Park, yes, there are many
08:03:58 different subdivisions in what is now considered Beach Park.
08:04:02 And that is the confusion about what the gentleman just
08:04:08 talked about, not really being in Beach Park.
08:04:11 When the Beach Park homeowners association was formed and it
08:04:15 was done so soon after zoning conformance occurred, or the
08:04:22 time in which I guess, and all of the development that we
08:04:26 realized was coming on to us, on Kennedy and back on mariner
08:04:32 and Hoover, etcetera, we came to the city and asked how we
08:04:38 could be protected with all the development and, and the
08:04:41 intensity going on around us.
08:04:43 So that's how what is now called R 6 and R-75 was given to
08:04:49 this area.
08:04:50 And that is why it is and RS-75.
08:04:55 The issue which was just brought up to you was that, and
08:05:02 this is very important thing for us.
08:05:04 Because if two lots, less than 75, were in single ownership,
08:05:11 it became one zoning lot.
08:05:13 So that's why they need a PD now to break it up.
08:05:18 And you will hear from others, though it may be consistent
08:05:23 with the size of the lots, around them, the development that
08:05:32 they want, and the intensity of that development that they
08:05:35 want to put on this property is the concern of the
08:05:42 At the general membership of the Beach Park homeowners
08:05:47 association, the board is always given the responsibility to
08:05:49 work for the betterment of Beach Park in general.
08:05:54 And at our general -- at our board meeting then, we were
08:05:58 asked to come to this and ask you not to approve the PD as
08:06:06 You will hear that you may say yes, you can break up the two
08:06:12 But the intensity of the development that they want to put
08:06:14 on there is definitely not in compliance with whatever --
08:06:19 with what is there now among what is all around it.
08:06:26 So please, the others will follow-up.
08:06:29 >>CHARLIE MIRANDA: Ms. Capin?
08:06:31 >>YVONNE CAPIN: Ms. Vizzi, what year did it change to RS-75?
08:06:35 >> Oh, gosh, '87.
08:06:38 When --
08:06:41 >>YVONNE CAPIN: That's interesting because I lived there in
08:06:43 '95 and it wasn't 75 then.
08:06:45 >> Oh, yes.
08:06:46 All Beach Park was RS-75, yes.
08:06:49 Became RS-75 way back when, was the second comp plan came
08:06:56 >> '87 you said?
08:06:57 >> And then we went through zoning conformance, and I always
08:07:02 remember the little purpose the cards that we received, you
08:07:04 know, notifying everyone that their property became RS-75.
08:07:08 And we came down here for the hearings to support that.
08:07:11 So way back then is when that occurred.
08:07:15 Now the size of the properties weren't all 75.
08:07:20 But if something happened to your property, the house burned
08:07:26 down and it was still a single property in single ownership,
08:07:30 you could still rebuild it.
08:07:32 That didn't take away that right.
08:07:36 >>YVONNE CAPIN: Thank you.
08:07:37 Appreciate you clearing that up.
08:07:39 >>CHARLIE MIRANDA: Commissioner Suarez.
08:07:43 >>MIKE SUAREZ: Ms. Vizzi, before you go.
08:07:45 What do you mean by intensity of use?
08:07:47 >> Well, they'll explain a little bit better.
08:07:49 I was running out of time.
08:07:51 >>MIKE SUAREZ: All right.
08:07:52 That's fine.
08:07:55 >> Joel Williams, president of Beach Park homeowners
08:07:59 I think after getting involved eight or nine years ago, it
08:08:03 is kind of confusing.
08:08:05 Our whole area is Kennedy to Morrison and Beach Park all the
08:08:11 way over to Hoover and Lois.
08:08:13 So it's 1300 unit neighborhood.
08:08:16 When they talk about the intensity, first of all, I want to
08:08:19 talk about the size of the lots.
08:08:21 It's not the size of the lot that's the argument.
08:08:25 But if you look at all the houses I all along from Westshore
08:08:29 to Hoover, between Azeele and Cleveland, all those homes
08:08:33 are, even though the lots might be consistent with their
08:08:36 plan, the houses in that neighborhood are around 1800 square
08:08:40 So, I would say 90 plus percent of those homes, I count them
08:08:46 today, there was 160 of them, in those two blocks, are all
08:08:50 consistently one story less than 2,000 square foot.
08:08:55 They're asking to take a 63-foot lot and build a 4700 square
08:09:00 foot house on one side and a 4500 square foot house on the
08:09:05 east side.
08:09:07 And you've got these two other houses on those other corners
08:09:10 that now are going to be abutting, as the city person
08:09:15 So now they're building these two huge structures right in
08:09:17 between these two low structures.
08:09:19 And if you're sitting in your living room in either one of
08:09:22 those houses, your backyard has now become these two massive
08:09:26 So, I can empathize with the request to want to have work
08:09:31 and build.
08:09:32 But there are multiple properties that we believe in our
08:09:37 neighborhood that you're -- if you approve this, you're
08:09:39 going to see many more of these developments that are going
08:09:43 to want to take place with these same situations.
08:09:46 So if you approve one, now we got to deal with, we're going
08:09:50 to be dealing with five more.
08:09:51 So, it's an RS-75.
08:09:53 We stick by that.
08:09:54 We believe that this lot's 130 some odd feet.
08:09:59 And that they should be able to build a house on this lot,
08:10:02 but to go in and subdivide it.
08:10:04 They're at least two vacant properties within five homes of
08:10:07 this lot that I believe will be in front of the board if
08:10:11 this is approved.
08:10:12 So, again, consistency is what we're looking for.
08:10:17 Thank you very much.
08:10:20 >>CHARLIE MIRANDA: Thank you, sir.
08:10:21 Mr. Suarez?
08:10:24 >>MIKE SUAREZ: Mr. Williams?
08:10:25 So my question before, which is the intensity, the square
08:10:30 footage that you're talking about?
08:10:33 >> Square footages.
08:10:34 >> Your homeowners association, you mean there are no other
08:10:36 45 square foot homes?
08:10:38 >> No, within about 10 or 12 houses going back towards
08:10:41 Westshore and towards Shorecrest, where we all know
08:10:45 Shorecrest circle, the major homes in that neighborhood.
08:10:48 There's a home under construction probably 10,000 square
08:10:51 foot plus.
08:10:52 But it's being built on 160-foot lot.
08:10:55 So, yeah, I think the trend after the recession in our
08:11:00 neighborhood has been to, you know, you've not seen us in
08:11:03 front of Council that often because they've been taking two
08:11:06 and three lots and tearing down and building one big house.
08:11:10 Even though we appreciate the two homes with the tax base
08:11:13 for the city, you know, consistently in the last five years,
08:11:16 that's been the trend in our neighborhood, is they're taking
08:11:19 more than one lot and making one big home.
08:11:22 So, it is about the density of that particular property.
08:11:27 >>MIKE SUAREZ: Thank you, sir.
08:11:30 >>CHARLIE MIRANDA: Ms. Capin?
08:11:32 >>YVONNE CAPIN: You had 160-foot front with a 10,000 square
08:11:36 foot house.
08:11:36 If you divided that in two, that would be 80-foot each with
08:11:40 5,000 feet each.
08:11:41 >> Right.
08:11:42 >>YVONNE CAPIN: And that's different than 4,000 on a 7,430
08:11:48 square foot lot.
08:11:50 >> Correct.
08:11:50 >> And then you know the other concern is, you don't see a
08:11:53 pool, but I believe probably 80% of the homes in our
08:11:57 neighborhood have pools and our fear would be now, they're
08:12:00 going to go put a pool in the backyard.
08:12:02 It's going to even further, you know, put more density on
08:12:06 the land as it is.
08:12:09 We all know there would be the ability to put a pool in
08:12:12 those backyards too.
08:12:13 That would abut the other neighbors behind them, so they'd
08:12:16 be impacting four or five homes right in that square.
08:12:19 >>YVONNE CAPIN: Okay.
08:12:20 I'm going to go back, royal palm Paloma.
08:12:25 There's lots there -- I'm looking at Beach Park.
08:12:31 That have been approved in the past -- my, what I'm looking,
08:12:40 and I'm trying to understand, is if you have 160-foot lot,
08:12:44 and it's a 10,000 square foot house, you divide that in two,
08:12:47 it's an 80-foot front, with 5,000 square feet.
08:12:51 How is that different from a house that's 7,430 square feet,
08:12:58 when the requirement is 7,500 square foot lot for 4,000
08:13:03 square feet?
08:13:05 I want to understand why that's different?
08:13:08 What is better of the 160-foot lot with 10,000 square foot
08:13:13 lot as opposed to 7,430 square foot lot with a 4,000 square
08:13:18 foot house?
08:13:19 >> Well, we're not taking into consideration the depth
08:13:23 But these are 63 and 64 I think.
08:13:26 >>YVONNE CAPIN: But I've got the square footage of the lot
08:13:28 here in front of me.
08:13:30 >> Well, the total area.
08:13:31 But we're talking about a frontage of 60, where, you're just
08:13:34 taking the 160 and dividing it in half.
08:13:37 And we're not looking, we don't have that specific property.
08:13:41 >>YVONNE CAPIN: When they look at it, they look at the
08:13:43 square footage of the lot.
08:13:45 7500 square feet.
08:13:46 It needs to be 75 by 100, in order to build.
08:13:50 >> Right.
08:13:51 >>YVONNE CAPIN: Correct?
08:13:52 That's 7500 square feet.
08:13:53 This lot may be 63, but the square footage is 7,430.
08:13:57 So we're looking at 70-foot difference.
08:14:01 The other lot is 7,275 square feet.
08:14:03 It's 67 front.
08:14:06 Again, the example to me, I'm not understanding that.
08:14:16 Because I know the area, and there are a lot of large houses
08:14:21 in those lots on Paloma, alone, there was one built not too
08:14:26 long ago on a lot that was not 75-foot.
08:14:32 >> And we were here for that hearing too.
08:14:36 >>YVONNE CAPIN: I wasn't here.
08:14:37 But I was in the neighborhood.
08:14:39 I live there.
08:14:40 >> I was here.
08:14:40 And I spoke that night too.
08:14:42 But, we are -- it's the density.
08:14:46 It's the two story.
08:14:47 If we're taking the consistency of the neighborhood, if you
08:14:50 ride through those blokes and there are several hundred
08:14:52 homes which make up, you know, 10 or 15% of the total
08:14:55 population of our neighborhood, those, all those homes are
08:14:58 one story homes.
08:15:00 >>YVONNE CAPIN: I want to bring something else up.
08:15:02 Is there a square footage home to land -- is there a certain
08:15:08 amount of square footage of building to land in the
08:15:13 Do we have a limit?
08:15:18 >>ABBYE FEELEY: We don't have an impervious, a maximum
08:15:24 impervious for a footprint, no.
08:15:28 >> It's just height and setback.
08:15:31 >>ABBYE FEELEY: Correct.
08:15:31 All of the RS-75 have a height availability of 35 feet.
08:15:38 >>YVONNE CAPIN: Okay.
08:15:39 Is the waiver for setback here?
08:15:43 >> No.
08:15:44 >>YVONNE CAPIN: None?
08:15:45 That's all.
08:15:46 Thank you.
08:15:48 >>CHARLIE MIRANDA: Mr. Cohen?
08:15:50 >>HARRY COHEN: I understand the arguments that are being
08:15:53 made here.
08:15:54 But in these cases, my understanding is that there's an
08:15:58 evidentiary standard.
08:16:00 And it is substantial and competent evidence.
08:16:07 And I don't -- I don't hear anything that rises to that
08:16:12 level in the objections.
08:16:15 I understand, Ms. Capin's points.
08:16:19 There's a lot of large houses sprinkled throughout these
08:16:24 The issue of whether there is or is not going to be another
08:16:27 five of these type of properties that come in front of us is
08:16:31 really not relevant to this particular consideration, and
08:16:35 when we entertain those applications, we'll determine those
08:16:39 on their merits.
08:16:41 But if I'm not correct, we had a case similar to this not
08:16:46 too long ago, where something like this was denied and then
08:16:50 it was remanded back to us from a court.
08:16:53 So, I'm just concerned about the evidentiary standard and
08:16:58 the fact that I haven't heard anything tonight that I feel
08:17:06 is legal solid ground to deny this application.
08:17:11 >>CHARLIE MIRANDA: Ms. Montelione?
08:17:13 >>LISA MONTELIONE: I guess what impresses me and what
08:17:15 impressed me when we were discussing this in our briefing
08:17:18 was that this was the --
08:17:22 >>CHARLIE MIRANDA: You're going to get to speak.
08:17:23 There's no doubt in my mind.
08:17:25 Either that or I'm going to resign.
08:17:27 One of the two.
08:17:27 [ Laughter ]
08:17:29 >>CHARLIE MIRANDA: Yes, ma'am?
08:17:30 >>LISA MONTELIONE: Thank you.
08:17:31 These lots were platted originally in this configuration.
08:17:37 So, one might venture to say that the way that the
08:17:42 neighborhood developed was inconsistent with how it was
08:17:46 originally planned.
08:17:47 In that houses were built on more than one lot, and owned as
08:17:56 a single ownership covering more than one lot, was not the
08:18:03 intention of the developer or the initial person, individual
08:18:08 who platted this neighborhood.
08:18:09 The initial interception was to have these lots have a home
08:18:17 on each lot.
08:18:18 That was the original interception.
08:18:21 Whether they were one story little tiny homes or whether
08:18:25 they were two story, very large homes, we don't know.
08:18:30 Back this the day when you were platting neighborhoods, you
08:18:32 didn't have site plans specific direction.
08:18:38 There wasn't site plans specific approvals.
08:18:42 It was just plats.
08:18:43 And you could build what you wanted on them as long as it
08:18:46 met all the requirements.
08:18:47 And these meet the setbacks.
08:18:49 They meet -- we're not changing side yard, front yard, rear
08:18:54 yard setbacks.
08:18:55 So, to me, having two houses on two lots is the way it was
08:19:07 always meant to be.
08:19:11 And Mr. Cohen is right.
08:19:15 I mean, the idea that it doesn't look consistent and the
08:19:24 neighborhood hasn't developed over the years this way isn't
08:19:31 enough evidence to go against what our codes say.
08:19:39 And we need to follow what our code allows.
08:19:42 And this is allowable under our code.
08:19:46 >>CHARLIE MIRANDA: Yes, sir?
08:19:49 >> Hi, good evening.
08:19:50 I'm Arch Ajax, I'm a board member of Beach Park Homeowners
08:19:55 Association, I reside about a block from the property.
08:19:59 Ever since my wife and I moved into our neighborhood, one of
08:20:02 the reasons that we love Beach Park is it's residential area
08:20:06 in the heart of the city.
08:20:07 We love the stability of it.
08:20:09 And one of the reasons why I got involved with the board was
08:20:13 the fact that the board always, every year stands for the
08:20:17 notion that development must adhere to all zoning
08:20:21 regulations in the city.
08:20:22 And want to preserve the stability of the neighborhood.
08:20:26 And it's kind of in that spirit that I say this.
08:20:29 I live about a block away from the subject property.
08:20:31 I think the concern a lot of the neighbors have is, it's the
08:20:37 density of the development, it's the fact that if you look
08:20:41 all the way down Azeele, all the way down Cleveland, in the
08:20:44 western direction, if you look at Gardenia, if you look at
08:20:48 Occident, all those are 1800 square foot homes, one story
08:20:54 So to put two 4700 or 4500 square foot homes on similar size
08:20:59 lots that are two stories, is fundamentally different.
08:21:04 Whether or not it meets, you know -- the legal issues and
08:21:08 things that you brought up, I'm not maybe not qualified to
08:21:12 speak on.
08:21:13 But as a homeowner, the basic does it pass the smell test
08:21:19 A two-story 4700 square foot home is dramatically different
08:21:23 than a one story, 1800 square foot home, which is 95% of the
08:21:27 homes in that area, particularly again as you go down
08:21:32 Cleveland and Occident, Gardenia.
08:21:35 The other concern I think many of the residents have is that
08:21:38 there are a number of such lots scattered throughout Beach
08:21:42 And if we open -- we have had a very stable neighborhood.
08:21:45 We have had one of the best neighborhoods in the city.
08:21:48 We have had, we're not SoHo.
08:21:51 We're not Hyde Park.
08:21:52 We're Beach Park, which is a residential neighborhood in the
08:21:56 heart of the city.
08:21:58 We're stable and we have been able to maintain that.
08:22:01 And I think if we do this, the concern I have is that we
08:22:04 sort of might open the floodgates to the other like
08:22:07 properties in Beach Park.
08:22:09 So I would just ask on behalf of the board and the residents
08:22:12 that you deny the request.
08:22:14 Thank you.
08:22:16 >>CHARLIE MIRANDA: Thank you very much.
08:22:16 Anyone in the audience other than those who have already
08:22:20 spoken, would care to speak on this item?
08:22:22 Item number 11?
08:22:24 Z 12-05.
08:22:25 Mr. Suarez?
08:22:27 >>MIKE SUAREZ: Petitioner, if you don't mind, could you come
08:22:30 to the microphone?
08:22:31 Like to ask you a quick question.
08:22:35 >> Robert Parsons.
08:22:37 >>MIKE SUAREZ: I know you're not the owner of the property.
08:22:39 You are going to be the builder.
08:22:41 Are these buildings being built to suit or are they
08:22:46 speculative homes?
08:22:48 Is this something just, we're going to build them and then
08:22:50 try and sell them?
08:22:51 Do you know anything about that?
08:22:53 >> The owner plans on building them with the intention of
08:22:55 one of them, at least one of them being an investment
08:22:58 The other one being lived in.
08:23:00 >>CHARLIE MIRANDA: I'm sorry, one being investment property
08:23:03 and other being what?
08:23:05 >> Being lived in.
08:23:07 >> So one is being built specifically for the owner?
08:23:11 >> Yes.
08:23:11 >>MIKE SUAREZ: And the second one he is looking to try to
08:23:14 >> To try to help recoup some of the costs in the process.
08:23:17 Let me say this.
08:23:20 As far as the size of the homes, we have to show the overall
08:23:26 A lot of homes that are in Beach Park, 1800 to 2,000, or
08:23:30 1700 square feet, that's actually the heated space of those
08:23:34 So many of them are actually a little bit larger than that,
08:23:37 by size.
08:23:39 As a builder or even with the building department, we have
08:23:42 to show heated and non-heated space.
08:23:45 It doesn't take into effect, for example, when a home is
08:23:48 sold, if these homes were resold, you can only sell them by
08:23:53 the heated space.
08:23:54 The additional space, garage also, lanais, front porches,
08:23:58 they don't count.
08:23:59 They don't even thrill go into the factor on the appraisal
08:24:03 of the property.
08:24:04 It's based on the heated space of the house.
08:24:06 I just wanted to reiterate that.
08:24:09 >>MIKE SUAREZ: Thank you.
08:24:09 Ms. Feeley?
08:24:11 Quick question for you.
08:24:12 Try and explain this to me as quickly or as succinctly as
08:24:20 The reason why it is going to a PD is because of the lot
08:24:23 size, correct?
08:24:24 Or the frontage size, correct?
08:24:27 >>ABBYE FEELEY: Yes.
08:24:28 >>MIKE SUAREZ: There is no other zoning designation that can
08:24:32 go to, other than PD?
08:24:34 Correct, in order for them to do what they want to do?
08:24:37 >>ABBYE FEELEY: It can go to RS-60.
08:24:41 >> And can they still do the plans they were talking about?
08:24:44 >> Absolutely.
08:24:45 There are no waivers being requested here.
08:24:47 The only reason for the PD is the width of the lot.
08:24:53 >> Only width of the lot.
08:24:55 Meaning they could not put that width at anything over 60,
08:25:00 but under 75, is that what it is?
08:25:02 >>ABBYE FEELEY: Correct.
08:25:04 RS -- the step down from RS-75 would have been an RS-60,
08:25:10 which would have been a 60 by 100 lot.
08:25:12 See, the two choices were either to go to that district, in
08:25:17 which the setbacks are exactly the same, 25-foot front,
08:25:20 20-foot rear, 7-foot sides, which is what this PD is
08:25:26 Or to utilize the PD.
08:25:29 >>MIKE SUAREZ: All right.
08:25:30 I just wanted to make sure that I was correct in assuming
08:25:33 that, because I was trying to figure out why the PD, I know
08:25:36 you kind of touched on it a little bit before.
08:25:38 If we agree to a PD designation on this, if for any reason
08:25:47 they decide to do something else, what can they do on that
08:25:49 PD plot?
08:25:51 >> Anything less than what they show you on the site plan.
08:25:54 I mean, that's one thing with a PD.
08:25:56 They can show you this large house.
08:25:58 It may be that when they find a buyer, they only build a one
08:26:01 story house.
08:26:02 They only build -- every one of those lots that are zoned
08:26:05 RS-75 has the right to tear down their house today and to
08:26:08 build exactly to the standards that are being requested here
08:26:12 They could tear down and build a two-story, 5,000 square
08:26:16 foot home today on each of their properties, if they so
08:26:19 chose to do so.
08:26:21 35 feet in height is the height limit within the RS-75
08:26:26 It's not a variance that they're requesting.
08:26:28 They're saying to you, we're going to meet everything about
08:26:31 the RS-75 district.
08:26:33 We just don't have 75 feet in width.
08:26:37 >>MIKE SUAREZ: Thank you.
08:26:39 >>CHARLIE MIRANDA: Anyone else care to speak?
08:26:44 Ms. Capin?
08:26:46 >>YVONNE CAPIN: Exactly.
08:26:46 That's the way I understood.
08:26:48 Every house in that neighborhood that is not 75, which was
08:26:51 explained before, burned down, it could be rebuilt as a
08:26:57 5,000 square foot or whatever square foot happens to fit, as
08:27:00 long as the setbacks are adhered to.
08:27:05 Therefore, I also find that we -- I don't see where I would
08:27:17 deny this.
08:27:18 I think that the square footage of square area for the lot
08:27:22 is adequate and the area does, does accommodate those size
08:27:32 houses, as we found out today, down the street, there's a
08:27:37 10,000 square foot house.
08:27:39 Which doesn't matter, but I'm just bringing it up.
08:27:42 Thank you.
08:27:43 >>CHARLIE MIRANDA: Ms. Montelione?
08:27:46 >>LISA MONTELIONE: Move to close the public hearing,
08:27:47 Mr. Chair.
08:27:48 >> Second.
08:27:49 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, second
08:27:51 by Mr. Reddick.
08:27:52 All in favor of the motion, please indicate by saying aye.
08:27:55 Opposed nay, the ayes have it unanimously.
08:27:57 What's the pleasure of the Council?
08:28:02 Mr. Cohen?
08:28:06 >>HARRY COHEN: I'd like to move an ordinance being presented
08:28:08 for first reading consideration.
08:28:10 An ordinance rezoning property in the general vicinity of
08:28:15 5003 and 5005 West Azeele Street in the City of Tampa,
08:28:19 Florida, and more particularly described in section 1, from
08:28:22 zoning district classification RS-75, residential
08:28:25 single-family, to PD planned development residential
08:28:28 single-family detached, providing an effective date.
08:28:31 >> Second.
08:28:32 >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, second by
08:28:34 Ms. Montelione.
08:28:35 Further discussion by Councilmembers?
08:28:37 All in favor of the motion, please indicate by saying aye.
08:28:39 Opposed nay.
08:28:42 The ayes have it unanimously.
08:28:43 >> Motion carried with Mulhern being absent.
08:28:46 Second reading and adoption will be on March 1st at
08:28:48 9:30 a.m.
08:28:50 >>CHARLIE MIRANDA: I need a motion to receive and file all
08:28:53 the documents received after 6:00.
08:28:56 Have a motion by Mr. Reddick, seconded by Ms. Montelione.
08:29:00 All in favor of the motion, please indicate by saying aye.
08:29:01 The ayes have it unanimously.
08:29:03 Anything else to come -- any other new business that the
08:29:06 Councilmembers did not bring up earlier?
08:29:10 I'd like to sit here for a couple more hours.
08:29:15 [ Laughter ]
08:29:17 >>CHARLIE MIRANDA: We're adjourned.
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