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TAMPA CITY COUNCIL

March 8, 2012
6:00 p.m.


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06:00:48 >>CHARLIE MIRANDA: City Council is called to order.

06:08:11 Roll call?

06:08:12 [Roll Call]

06:08:15 >>MIKE SUAREZ: Here.

06:08:16 >>FRANK REDDICK: Here.

06:08:18 >>HARRY COHEN: Here.

06:08:25 >>CHARLIE MIRANDA: Here.

06:08:26 >>CHARLIE MIRANDA: There are two items that are not going to

06:08:28 be heard this evening, due to no affidavit filed.

06:08:32 You want to bring them up, clerk?

06:08:34 Item 1 and 2.

06:08:36 >> Yes, sir, James Crew, city clerk's office.

06:08:39 Items one and two cannot be heard; no affidavit has been

06:08:41 filed on those petitions.

06:08:42 That is petition number C08-02 and V12-64.

06:08:48 >>CHARLIE MIRANDA: Thank you very much.

06:08:49 Yes, ma'am?

06:08:51 >>ABBYE FEELEY: Chairman Miranda, I did receive payment from

06:08:55 the misnotice from the applicant yesterday.

06:08:57 And I talked to the clerk.

06:08:58 Those cases will be rescheduled for April 12th, 2012 at

06:09:04 6:00 p.m.

06:09:04 So in case anybody was here this evening to speak on those

06:09:07 matters, they will come back before Council April 12th, at

06:09:10 6:00 p.m.

06:09:11 >>CHARLIE MIRANDA: All right.

06:09:11 So anyone here on items 1 and 2?

06:09:14 It will be heard on April the 12th of the year 2012.

06:09:18 I need a motion to that effect.

06:09:23 >> So moved.

06:09:23 >> Second.

06:09:24 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, second by

06:09:26 Mr. Cohen.

06:09:27 All in favor of the motion, please indicate by saying aye.

06:09:29 Opposed nay.

06:09:32 The ayes have it unanimously.

06:09:32 Before we start, I want to pass on the sympathies of all of

06:09:36 us to the Frank Reddick family for losing a family member

06:09:41 this afternoon, I believe.




06:09:42 We're deeply sorry about that, Mr. Reddick.

06:09:45 Item number 3.

06:09:45 I need to open items -- let me open items 1 through 9.

06:09:51 >> So moved.

06:09:53 >> Second.

06:09:56 >>CHARLIE MIRANDA: Opened 1 through 9, second by

06:09:59 Mr. Reddick.

06:10:02 I'm going to do 1 and 2 again.

06:10:05 Yes, sir?

06:10:06 >> MARTIN SHELBY: I'm sorry, Mr. Chairman, one and two were

06:10:09 handled.

06:10:10 >>CHARLIE MIRANDA: They were done.

06:10:11 But the meeting was not open.

06:10:12 So I'm going to do it properly so no one can dispute that.

06:10:15 >> MARTIN SHELBY: Well, sir, those actually can't be heard.

06:10:18 What you did was proper.

06:10:19 >>CHARLIE MIRANDA: I understand that, but just in the

06:10:21 caution of safety, that's how I'm going to do it.

06:10:23 Thank you very much.

06:10:24 1 and 2 again.

06:10:28 It was my mistake, I'm trying to do what's right for the

06:10:32 general public.

06:10:32 >> Items number 1 and 2 -- Abbye Feeley, land development.

06:10:37 Items one and two on your agenda failed to perfect notice.

06:10:40 The amendment fee has been paid by the applicant.




06:10:42 And I contacted the clerk to reschedule those items to

06:10:45 April 12th at 6:00 p.m.

06:10:48 >>CHARLIE MIRANDA: Okay.

06:10:48 Mr. Suarez, you had that motion.

06:10:50 Please make it again.

06:10:52 >>MIKE SUAREZ: I'd like to open --

06:10:56 >>CHARLIE MIRANDA: No, move 1 and 2 for April 12.

06:10:59 >> So moved.

06:11:00 >>CHARLIE MIRANDA: All right, second by Mr. Reddick, on one

06:11:02 and two.

06:11:02 All in favor of the motion, please indicate by saying aye.

06:11:04 Opposed nay.

06:11:06 The ayes have it unanimously.

06:11:06 And we did open 1 through 9.

06:11:09 So now we go to item number 3.

06:11:11 These are all quasi-judicial proceedings, so, anyone going

06:11:20 to testify in items 3 through 9, have to be sworn in, and

06:11:24 the clerk will do that now.

06:11:32 [Oath administered by Clerk]

06:11:49 >>ABBYE FEELEY: Good evening, Council.

06:11:50 Abbye Feeley, Land Development Coordination.

06:11:53 Item number 3 on your agenda this evening is Z12 -- V12 --

06:12:03 wrong report's in here.

06:12:05 V12-65.

06:12:11 And the request this evening is for a special use for




06:12:15 parking off-street commercial.

06:12:23 >> Good evening, members of Council.

06:12:25 Tony Garcia, planning commission staff.

06:12:27 I have been sworn in.

06:12:28 This evening, the cases before you lie primarily in two of

06:12:34 your zoning districts, of the five planning districts within

06:12:38 the City of Tampa.

06:12:38 As I've told you before, three of those districts are

06:12:41 districts that are targeted for the most opportunities for

06:12:45 growth and for job creation.

06:12:46 They are the Westshore District, the Central District and of

06:12:51 course the University District.

06:12:52 Tonight, two of those districts will be predominantly

06:12:55 represented by the six cases in front of you this evening,

06:12:57 the Central District and the University District.

06:13:00 The subject sites in question for this particular special

06:13:03 use request is located in the Central Planning District.

06:13:06 It's located in approximately this area on your vision

06:13:11 planning map.

06:13:12 On the northwest corner of quadrant of the zoning district

06:13:15 of the Central District.

06:13:16 The request is, as Ms. Feeley has stated to you, is for

06:13:20 overflow parking for commercial use.

06:13:21 As it relates to the future land use map, the site from a

06:13:25 context aspect is located between the east-west commercial




06:13:29 corridors of Hillsborough Avenue to the north, and

06:13:35 Dr. Martin Luther King Boulevard to the south.

06:13:38 Collective road of Habana.

06:13:40 This section of Habana going north and south is a four lane

06:13:43 road.

06:13:43 Site in question is residential ten, which lies for

06:13:46 primarily single-family detached uses.

06:13:49 But also, also can be allowed for offsite parking and for

06:13:53 retention in certain circumstances, where deemed

06:13:57 appropriate.

06:13:58 The site that it will be providing additional parking to is

06:14:02 located directly to northeast of the site, would be right

06:14:05 here on your aerial.

06:14:06 This site is in proximity to St. Joseph's Hospital, major

06:14:12 regional medical facility.

06:14:14 And there are quite a few medically-related offices along

06:14:18 this particular segment of Habana.

06:14:20 Planning Commission staff found the proposed request to

06:14:22 allow for additional parking to provide additional support

06:14:26 to this particular medical office use as consistent with the

06:14:31 comprehensive plan.

06:14:31 Thank you.

06:14:32 >>CHARLIE MIRANDA: Thank you.

06:14:35 >>ABBYE FEELEY: Your staff report, provided you with a

06:14:40 memorandum for transportation, because after the staff




06:14:43 report was finalized, it came to my attention that there

06:14:46 were comments from transportation concerning this case.

06:14:48 As you may know, land development has relocated over to the

06:14:52 CSD, so it's been a pretty hectic couple of ten days to get

06:14:56 these things together.

06:14:57 So I do apologize for that.

06:14:59 I would like to use that memorandum as a revision sheet in

06:15:02 this case in order to address those issues.

06:15:05 One is a waiver.

06:15:07 One is notation about the gravel.

06:15:10 I'll go through those once I finish my presentation.

06:15:16 >> We don't have a copy of that.

06:15:19 >>ABBYE FEELEY: Yeah, it's there.

06:15:20 >> Okay.

06:15:21 Got it.

06:15:22 >>ABBYE FEELEY: This is a special use request for off-street

06:15:26 commercial parking.

06:15:26 It's one lot in off Habana on Curtis Street.

06:15:30 There are three waivers.

06:15:31 Seems like we have been doing a lot of parking lots lately.

06:15:34 So the first waiver is to allow for the parking lot to

06:15:36 extend more than 100 feet from the use, which it serves, as

06:15:40 the lot is 226 feet in depth.

06:15:43 So, it's 126 feet longer than what the special use criteria

06:15:50 would allow.




06:15:51 So, the second is to allow for reduction of the required

06:15:55 buffer along the west from 15-foot with a six foot wall to

06:15:59 ten foot with the PVC fence.

06:16:03 West side of the site is heavily treed with a lot of

06:16:05 vegetation.

06:16:06 I'll show you a picture of that.

06:16:08 They're putting the masonry wall there, probably not the

06:16:10 best idea for saving those trees.

06:16:12 And the natural vegetation is there also to support that

06:16:15 buffer.

06:16:15 The last one is to allow for reduction of the required

06:16:19 buffer along the east, from 15 feet with six foot masonry

06:16:22 wall to three foot with a 6-foot high masonry wall.

06:16:26 So adjacent to the residential on the east, they are going

06:16:29 to put the masonry wall and will be three feet of green

06:16:32 space.

06:16:32 Let me go ahead and show you the sites and pictures from out

06:16:36 there.

06:16:37 And then we'll go over the items that are remaining

06:16:41 outstanding.

06:16:42 Subject site shown here in green.

06:16:54 Habana to the left.

06:16:55 Armenia over to the east.

06:16:57 This is the PD that this property will serve.

06:17:02 On your site plan, you'll see there is an access between




06:17:06 these two points and exit on to Curtis Street.

06:17:08 My understanding that that access will be handled at

06:17:11 permitting with transportation and the applicant.

06:17:14 There are several PDs.

06:17:17 And medical offices up along -- sorry.

06:17:22 Up along Habana.

06:17:24 Here's an aerial of the site.

06:17:31 Here is the subject site.

06:17:41 This is that western boundary of the site.

06:17:46 Since the property immediately to the west.

06:17:53 This is the property to the east.

06:17:55 This is a look west on Curtis toward Habana.

06:18:01 This is from Habana looking east towards the medical office,

06:18:10 which the parking will serve.

06:18:14 Here's a picture of their current parking lot.

06:18:16 This is also a look at their current parking.

06:18:19 Their parking wraps around the building towards Osborne.

06:18:29 But there is no access onto Osborne.

06:18:31 Currently a wrought iron gate there.

06:18:34 Wrought iron fence that kind of goes around the property.

06:18:37 Here is that back corner of the parking area, where the

06:18:40 access will go through to the other parking lot.

06:18:42 The property to the south along Habana.

06:18:47 Just south of the proposed parking lot area is Tower MRI and

06:18:57 there is parking that already extends this deep into Curtis




06:19:01 Street.

06:19:01 In fact, it extends a little bit further.

06:19:03 So this is from the subject property, looking south.

06:19:07 This is the side of Tower MRI, working west -- looking west

06:19:19 toward Habana.

06:19:20 This is at the southwest corner of Habana and Curtis.

06:19:24 That is immediately on Habana at Curtis.

06:19:30 And these are across Habana.

06:19:34 There's medical office, there's multifamily, which was the

06:19:37 RN 24 on the zoning atlas.

06:19:42 There is some remaining single-family in that area.

06:19:45 As you can see on your staff report -- I'm sorry, on your

06:19:57 site plan, the parking spaces are shown to be gravel parking

06:20:01 spaces.

06:20:02 The memorandum from transportation talks about a couple

06:20:05 modifications.

06:20:06 One is to add a notation concerning that gravel, that it be

06:20:09 hard rock material such as crushed granite, turf rock or

06:20:13 river rock.

06:20:14 Also, that they show that there will be 25 parking spaces

06:20:18 provided, 20 regular and five compact.

06:20:21 And then a waiver that needs to be added from 26 feet to

06:20:25 24 feet for the drive aisle that will be provided on-site.

06:20:30 Also, a notation for a right turn only at the access.

06:20:35 I believe that is it.




06:20:39 The general standards for the special use are provided in

06:20:44 your staff report as well as the criteria for the off-street

06:20:47 commercial parking lot.

06:20:48 And staff is available for any questions.

06:20:51 >>CHARLIE MIRANDA: Thank you very much.

06:20:51 Petitioner?

06:20:57 >> Good evening, Truett Gardner, Abbye and Tony did a very

06:21:05 comprehensive job and I've received nothing but calls in

06:21:07 support.

06:21:09 Of this.

06:21:09 Basically what's happened, the office medical office has

06:21:14 just outgrown itself.

06:21:16 And so there's been a lot of pressure on the street with

06:21:19 parking.

06:21:19 And so this is an effort to alleviate that.

06:21:22 We are fine, transportation comments are new to me as well,

06:21:27 but we're fine with those and can make those changes between

06:21:30 first and second reading.

06:21:31 And I did just want to show two things real quickly.

06:21:41 First on this map, this is the subject property.

06:21:44 It will be serving this piece here.

06:21:47 We had letters in support from both of these properties

06:21:50 immediately to the west.

06:21:51 As well as this property, residential property immediately

06:21:55 across the street.




06:21:57 And adjacent to the tower diagnostics.

06:21:59 We reached out also to this neighbor, but this house

06:22:05 unfortunately is in foreclosure.

06:22:06 Then the other thing I wanted to point out is how this use

06:22:09 is already basically in effect.

06:22:11 As you can see here, the depth of the Tower Diagnostics

06:22:15 site, it extends even really one and a half to two lots

06:22:19 beyond the subject property.

06:22:22 And this is just a view from Curtis Street, looking back at

06:22:26 their surface lot.

06:22:28 And that picture would have been taken approximately here.

06:22:33 So you can see it even extends back further.

06:22:36 And so I'd ask for your support in this.

06:22:39 I've got three letters of support that I've shown on the

06:22:44 map, which I'll submit right now.

06:22:46 I'm happy to answer any questions.

06:22:48 >>CHARLIE MIRANDA: Any questions for Councilmembers at this

06:22:52 time?

06:22:52 Okay.

06:22:53 Anyone in the audience would like to speak on item 3,

06:22:56 V12-65?

06:22:58 Anyone in the audience care to speak on item number 3,

06:23:03 V12-65?

06:23:05 >> Move to close.

06:23:06 >> Second.




06:23:06 >>CHARLIE MIRANDA: Have a move to close by Mr. Reddick,

06:23:08 second by Mr. Cohen.

06:23:09 All in favor of the motion, please indicate by saying aye.

06:23:11 Opposed nay?

06:23:13 The ayes have it unanimously.

06:23:13 Mr. Suarez, would you take item number three?

06:23:19 >>MIKE SUAREZ: Yes, Mr. Chair.

06:23:21 An ordinance being presented for first reading

06:23:26 consideration.

06:23:26 An ordinance approving a special use permit, S 2, approving

06:23:29 parking, off-street commercial in an RS-50 residential

06:23:34 single-family zoning district in the general vicinity of

06:23:37 2533 west Curtis Street, in the City of Tampa, Florida, and

06:23:41 as more particularly described in section 1 hereof,

06:23:44 including the transportation revisions as presented tonight

06:23:52 by Ms. Feeley, and providing an effective date.

06:23:56 >> Second.

06:23:57 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by

06:24:00 Mr. Cohen.

06:24:00 Further discussion by Councilmembers?

06:24:02 All in favor of the motion, please indicate by saying aye.

06:24:04 Opposed nay?

06:24:06 The ayes have it unanimously.

06:24:06 Thank you all very much.

06:24:09 >> Motion carried with Capin being absent.




06:24:11 Second reading and adoption will be on April the

06:24:13 5th at 30:00 a.m.

06:24:15 >>CHARLIE MIRANDA: We go to item number 4.

06:24:42 >>ABBYE FEELEY: Item number 4 on your agenda this evening,

06:24:45 Council, is V12-67.

06:24:47 It is also a special use request.

06:24:49 The request before you this evening is for a public service

06:24:54 facility, a stormwater pump station from -- you may recall

06:24:58 we did a pump station just a few years ago on a lien.

06:25:02 I don't know --

06:25:03 >>CHARLIE MIRANDA: Five years ago.

06:25:06 >>ABBYE FEELEY: Had you?

06:25:07 >>CHARLIE MIRANDA: Five years ago.

06:25:08 >> It was '08 or something like that very similar situation

06:25:12 here this evening.

06:25:13 There are no waivers with this with, I'll defer to

06:25:15 Mr. Garcia and then I'll come up and give you a presentation

06:25:18 on the property.

06:25:18 Thank you.

06:25:26 >>TONY GARCIA: Good evening once again.

06:25:27 Tony Garcia, Planning Commission staff.

06:25:29 I have been sworn in.

06:25:31 This project is one of the two projects I told you about

06:25:36 this evening earlier on that's going to be in the University

06:25:38 District.




06:25:39 This is the pump facility station Ms. Feeley has already

06:25:42 alluded to.

06:25:43 From a comprehensive plan aspect this particular site can

06:25:45 be, this particular use can be allowed in any land use

06:25:49 category within the comprehensive plan to.

06:25:51 Facilitate the expansion and extensions of public facilities

06:25:54 to facilitate the uses in residential neighborhoods.

06:25:57 As you can see here, this is a retention area.

06:26:00 This is the subject site.

06:26:01 For the facility.

06:26:04 Land use categories are residential 10 to the south of 113th

06:26:08 and residential 35 to the north.

06:26:10 Here's an aerial perspective.

06:26:12 So you can see this is pretty much ensconced by residential

06:26:17 uses to the south.

06:26:18 Of course you have multifamily to the north.

06:26:21 Planning Commission staffer reports finds the request

06:26:25 consistent with the comprehensive plan.

06:26:33 >>ABBYE FEELEY: The applicant is requesting a special use of

06:26:36 the property at 2237 and 2239 east 113th avenue to construct

06:26:43 a 1644 square feet structure, which would house the City of

06:26:48 Tampa stormwater pump station this.

06:26:50 Will control the water level at the adjacent donut pond,

06:26:54 which as you can look on your aerial, know where donut pond.

06:26:58 It's actually adjacent and looks like a donut.




06:27:01 Proposed structure will look like a typical residential

06:27:03 home, with a driveway entering the property on east 113th

06:27:08 and exiting on north 26th street there.

06:27:10 Will be a parking area located to the east, these uses do

06:27:14 not require parking.

06:27:16 So it won't be like a parking lot, but it will have a

06:27:19 parking area there.

06:27:20 The proposed structure meets all the RS-60 setbacks, which

06:27:24 is a 25-foot front, 20-foot rear and 7 foot side.

06:27:28 I did allude to the Alline, because if you've been out there

06:27:31 or seen it, it really does fit in with the neighborhood.

06:27:33 Looks just like a home and that is the applicant's intent

06:27:37 here, as well.

06:27:38 Let me go ahead and show you where we are.

06:27:44 113th avenue is here to the north.

06:27:52 The two single-family lots, which were purchased by the

06:27:54 city, are shown here in green.

06:27:56 26 does come, wrap around.

06:27:59 Here is the pond that we're referring to.

06:28:01 Everything around here is RS-50.

06:28:04 There's multifamily, RM-24 to the north.

06:28:07 Here's the aerial.

06:28:13 Here's some pictures of the site.

06:28:20 The site has been cleared.

06:28:23 The former single-family residences have been demolished.




06:28:28 Moving west, there is a single-family home.

06:28:41 You'll see these large vegetation and single-family homes

06:28:45 immediately to the west.

06:28:46 This is 113th across the street, 113th to the north.

06:28:53 Multifamily as well as single-family.

06:28:55 This coming around that bend on 26th, the pond would be over

06:29:03 to your left.

06:29:05 This is the single-family home immediately to the south of

06:29:08 the subject property.

06:29:10 Here it is, the pond, which was interesting to me, it's very

06:29:18 wet there and it's been very dry here.

06:29:20 So there obviously is definitely some need for this, this

06:29:26 station to accommodate the pond.

06:29:30 We have a couple minor revision that is need to be made in

06:29:35 between first and second reading.

06:29:37 I have been in contact with the applicant concerning those

06:29:39 matters.

06:29:40 Those are listed on page two of your site plan.

06:29:44 I mean, two of your staff -- two of your staff report.

06:29:48 And there was a design exception that was granted for the

06:29:54 buffer on the west, that it be a six foot PVC fence with a

06:30:00 five foot planted buffer instead of the six foot masonry

06:30:04 wall and that was given administratively through our offices

06:30:07 through the design exception process.

06:30:08 That was issued prior to this applicant, so I'd just like a




06:30:12 notation on the plan to that effect.

06:30:14 And also, there were some modifications requested by the

06:30:20 applicant as far as moving the fencing on the west and the

06:30:22 south, to be at the property line, which is typical of where

06:30:25 a fence would be placed in a residential district.

06:30:28 And also that the hedge to the east of the building adjacent

06:30:32 to the four foot concrete walk would be removed.

06:30:37 And lastly that the proposed live oak at the northwest

06:30:40 corner is going to be changed with the Magnolia and the

06:30:43 Magnolia is going to be changed with the live oak so they

06:30:46 have a greater growing area.

06:30:48 Just wanted to make sure all the modifications were on

06:30:51 there.

06:30:51 Transportation needed them to move the sidewalk closer to

06:30:54 the property line along north 26th.

06:30:57 Mary worked extensively with this applicant to make sure

06:30:59 that the plantings that were going to go back in on the site

06:31:04 were adequate.

06:31:05 And they are going to be putting some orange trees as well

06:31:10 for some additional inches on the property.

06:31:13 Staff is available for any question.

06:31:15 >>CHARLIE MIRANDA: Thank you.

06:31:15 Is the applicant here?

06:31:16 >> Yes.

06:31:24 >> Good evening, members of Council.




06:31:26 I'm Wendy Nero, with CH2M Hill.

06:31:29 And we are working on behalf of the City of Tampa on a

06:31:32 number of capital improvement projects.

06:31:33 This is one of several we have been pursuing and working

06:31:36 with the city on the past several years.

06:31:39 David ashman is our construction manager.

06:31:41 We are both here to answer any questions you might have

06:31:43 about this particular project.

06:31:45 >>CHARLIE MIRANDA: Thank you very much.

06:31:45 Anyone in the audience care to speak on item number 4?

06:31:50 V12-67?

06:31:51 Anyone care to speak on item 4, Ms. Mulhern?

06:31:56 >>MARY MULHERN: I just had a question for, I don't know if

06:31:58 it's for Abbye -- might be for Julia.

06:32:01 About why the applicant isn't the City of Tampa in this

06:32:05 case?

06:32:06 We have got the firm that's doing the work for us, but isn't

06:32:12 this...

06:32:16 >> They may be our authorized agent, so they must be named.

06:32:22 >>MARY MULHERN: I just was wondering in our staff report and

06:32:24 our notes, why it isn't, you know, just listed as the City

06:32:27 of Tampa.

06:32:29 >> I can't say why we listed that way.

06:32:31 But certain through city, as do many other people have an

06:32:34 authorized agent to bring forward their application.




06:32:37 So I guess --

06:32:38 >>MARY MULHERN: But we are the city.

06:32:40 >> Well, no, I understand that but in terms of who is

06:32:43 actually the one processing the application providing the

06:32:45 information, if we have a consultant, it might be our

06:32:48 consultant.

06:32:50 I totally think they're the right people to explain it to us

06:32:53 and to make the application, the process.

06:32:55 I just wonder why it's, legally it's the city who's paying

06:33:00 them to do this.

06:33:01 I guess that's --

06:33:05 >> The fact that it's named as, they're named as the

06:33:09 applicant.

06:33:10 They're the representative of the City of Tampa.

06:33:12 Authorized agent.

06:33:13 >>MARY MULHERN: Thank you.

06:33:14 >>CHARLIE MIRANDA: Ms. Montelione?

06:33:15 >>LISA MONTELIONE: I just have a question about the trees.

06:33:17 Ms. Feeley.

06:33:20 When you said the live oak is going to be switched out for

06:33:25 the Magnolia and the Magnolia for the live oak, are those

06:33:28 trees apparent -- currently on the site just being

06:33:31 transplanted?

06:33:32 >> No, those are the new -- they had already put on their

06:33:37 plans the actual proposed trees.




06:33:39 And when we looked at them, because of power lines and other

06:33:44 locations, it's better to swamp them off and give them a

06:33:48 growth and canopy that would come in the future.

06:33:51 >>LISA MONTELIONE: I was unclear if they were existing trees

06:33:54 being transplanted because sometimes the success rate for

06:33:57 transplanting large trees isn't good.

06:34:00 So I'm glad they'll be new trees, a better chance of

06:34:03 survival.

06:34:04 The ordinance is proposed, note number three and then staff

06:34:09 report, it says 12 additional trees are proposed to be

06:34:12 planted?

06:34:14 Which is different language than 12 additional trees will be

06:34:17 planted.

06:34:19 Are these -- they may be planted?

06:34:23 >> No, they are going to be planted.

06:34:26 The site plan will be receptive about that.

06:34:29 That is the three four inch trees would be, the 12 mon.

06:34:36 >> Three live oak trees being planted with four inch

06:34:39 caliper.

06:34:41 >>LISA MONTELIONE: Then it says 12 additional trees are

06:34:43 proposed to be planted.

06:34:44 >> I think that is the 12 inches.

06:34:46 Mary may have gotten that incorrect.

06:34:50 >>LISA MONTELIONE: Okay.

06:34:51 Just want to make sure that they will be planted.




06:34:53 >> They will.

06:34:55 >>CHARLIE MIRANDA: Anyone else?

06:34:58 Need a motion to close.

06:34:59 >> Motion to close.

06:35:00 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by

06:35:02 Ms. Mulhern to close.

06:35:03 All in favor of the motion, please indicate by saying aye.

06:35:05 Opposed nay.

06:35:08 The ayes have it unanimously.

06:35:08 Mr. Reddick, will you kindly read number four?

06:35:11 >>FRANK REDDICK: Yes Mr. Chairman.

06:35:12 Thank you.

06:35:13 Move ordinance being presented for first readings

06:35:15 consideration.

06:35:15 An ordinance approving a special use permit S-2 approving a

06:35:19 public service facility stormwater pump station, in an RS-60

06:35:23 residential single-family zoning district in the general

06:35:26 vicinity of 2237 and 2239 east 113th avenue in the City of

06:35:31 Tampa, Florida and as more particularly described in section

06:35:35 1 hereof, providing an effective date.

06:35:37 With the addition of the revision of V12-67 as recommended

06:35:44 by staff.

06:35:45 >> Second.

06:35:45 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, second by

06:35:47 Mr. Suarez.




06:35:48 All in favor of the motion, please indicate by saying aye.

06:35:50 Opposed nay.

06:35:52 The ayes have it unanimously.

06:35:53 >> Motion carried with Capin being absent.

06:35:56 Second reading and adoption will be on April 5th at

06:35:59 9:30 a.m.

06:36:00 >>CHARLIE MIRANDA: Item number 5, file V12-68.

06:36:28 >>ABBYE FEELEY: Item V12-68 is another special use request.

06:36:37 This request is located at 1507 west Sligh avenue.

06:36:41 And it is for parking off-street commercial.

06:36:52 >>TONY GARCIA: Tony Garcia, planning administration staff.

06:36:57 I have been sworn.

06:36:58 While going through my notes and looking at what I've got in

06:37:01 front of you this evening, I had a slight error on the map,

06:37:05 it seems.

06:37:06 Looking at it, because this one is right on the border.

06:37:09 So it's three and three tonight as far as the district.

06:37:12 We have three in the university area.

06:37:13 And three in the Central Planning District, because this

06:37:16 University District only kind of meanders around.

06:37:20 Over here on the map, the way it meanders around, this is

06:37:23 the central one.

06:37:24 But this is really, shows some features of University

06:37:27 District.

06:37:28 Site we're looking at is right here, because it's right in




06:37:31 between Lowry Park and right in between the Lealman Sligh

06:37:36 baseball fields.

06:37:37 Right around here.

06:37:39 It's right inside this southern portion of the University

06:37:41 District, which is one of the districts that kind of

06:37:44 meanders around.

06:37:45 So here's a little more site specific.

06:37:47 Here's Rome and Sligh.

06:37:50 Lowry Park is to the east.

06:37:51 As is Seminole Heights.

06:37:53 This is right in Seminole Heights area, but this is west of

06:37:57 Seminole Heights.

06:37:57 This is in the Lowry Park neighborhood association.

06:38:00 This land use category is community mixed use 35.

06:38:03 You have a little bit of residential 10.

06:38:05 There's actually two underlying land use categories for this

06:38:08 particular area.

06:38:09 So this is just east of the intersection of Rome and Sligh.

06:38:13 There are several institutions of religious assembly in this

06:38:19 particular area.

06:38:20 This particular use is to allow for offsite parking for

06:38:24 non-residential use in this particular case, a place of

06:38:27 religious assembly, house of worship.

06:38:29 Which abuts this particular site.

06:38:31 Which is allowed in any of the residential land use




06:38:36 categories this.

06:38:36 One happens to be in a dual category because you have mixed

06:38:39 use category, which allows a variety of commercial uses.

06:38:42 But also the residential association which is why we really

06:38:44 had to come in and use the special use category for this

06:38:48 particular one.

06:38:48 Land use for this particular land use, Planning Commission

06:38:51 staff found the proposed request consistent with the

06:38:53 comprehensive plan.

06:38:54 Thank you.

06:39:04 >>ABBYE FEELEY: So our second parking of the evening, as

06:39:08 Tony stated, on your site plan for this project, you'll see

06:39:13 it's a very small portion of the property.

06:39:16 It's 25 feet by 130 feet on which the special use for the

06:39:21 parking is going.

06:39:22 It's providing a total of nine compact parking spaces.

06:39:25 There are two waivers.

06:39:27 One is to allow for the reduction in the drive aisle from

06:39:30 26 feet to 24 feet.

06:39:32 And the second is to reduce the use to use buffer along the

06:39:37 northern property from 15 feet with a six foot concrete

06:39:40 masonry wall to one foot with a solid wood fence.

06:39:43 The only modification I have on the site plan is that that

06:39:48 waiver needs to correctly cite the code section.

06:39:55 It's a 2272, instead of 2270 which is listed on the site




06:40:00 plan.

06:40:01 I would ask that revision be made in between first and send

06:40:04 reading.

06:40:05 That is the only revision I have for this case.

06:40:07 Let me go ahead and show you where we are.

06:40:10 Little tiny green spot.

06:40:18 As you can see, the property is everything south of this is

06:40:25 commercial general.

06:40:26 There is a PD, some CG, a lot of RO-1 and PB along Sligh.

06:40:32 Sligh avenue.

06:40:35 So that's Sligh to the south and it is North Dakota to the

06:40:44 west.

06:40:44 And then Oregon over to the east.

06:40:48 Here's an aerial.

06:40:54 Here is a picture of the subject area.

06:41:11 >> Can you zoom out a little bit?

06:41:13 >> Thank you.

06:41:14 >> Here's the subject area here.

06:41:22 Remember, it's only that 25 feet portion, 25 by 130 in

06:41:30 depth.

06:41:31 Moving south on the property.

06:41:36 Here's a look back toward the area.

06:41:39 Here is the church in the front and the CG portion that this

06:41:44 lot would serve.

06:41:45 Along Sligh.




06:41:47 This is the single-family residence just to the north.

06:41:51 This is the PD at the intersection of Sligh and Dakota on

06:41:59 the west side of the street.

06:42:00 This is moving north along the west, single-family

06:42:08 residences.

06:42:08 And then across Sligh on the south.

06:42:13 As it appeared, the parking in existence, I made the

06:42:26 assumption it was probably nonconforming.

06:42:29 In order to make it conforming, they're come in for the

06:42:32 special use on the RS-50 portion which is what they're here

06:42:36 tonight for.

06:42:36 And they'll go through permitting to legally establish that

06:42:39 use and then put in the required buffers and any other

06:42:42 improvements as shown on the site plan before you this

06:42:44 evening.

06:42:45 Staff did find the request consistent and would like to ask

06:42:48 for that one modification to the waiver in between first and

06:42:51 second reading.

06:42:54 >>CHARLIE MIRANDA: Question for Councilmembers?

06:42:56 Petitioner?

06:43:00 >> Good evening.

06:43:02 My name is Rose Wilkin, for the (inaudible)

06:43:07 The property is...

06:43:21 Okay.

06:43:27 This is only the subject property.




06:43:31 This is the last number 7 and this is 25 feet by 130.

06:43:38 We are requesting to have this residential zoning and we ask

06:43:47 permission for parking lot in this area.

06:43:48 Do you have any questions?

06:43:53 >>CHARLIE MIRANDA: Any questions for Councilmembers?

06:43:55 Thank you.

06:43:58 Anyone in the audience care to speak on this item?

06:44:01 Item number 5, V12-68.

06:44:03 V12-68.

06:44:06 Anyone in the audience care to speak on this subject matter?

06:44:09 >> Move to close.

06:44:10 >> Second.

06:44:11 >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by

06:44:14 Mr. Montelione.

06:44:15 All in favor of the motion, please indicate by saying aye.

06:44:17 Opposed nay.

06:44:19 The ayes have it unanimously.

06:44:20 Mrs. Mulhern, would you kindly take number five please?

06:44:25 >>MARY MULHERN: Thank you, Mr. Chair.

06:44:29 I move an ordinance being presented for first reading

06:44:33 consideration.

06:44:34 An ordinance approving a special use permit S-2 approving

06:44:38 parking, off-street, commercial, in an RS-50 residential

06:44:41 single-family zoning district in the general vicinity of

06:44:44 1507 west Sligh avenue, in the City of Tampa, Florida and as




06:44:48 more particularly described in section 1 hereof, providing

06:44:51 an effective date.

06:44:54 >>CHARLIE MIRANDA: Motion by Mr. Mulhern, second by Suarez,

06:44:57 item 5, V12-68, all in favor of the motion, please indicate

06:45:01 by saying aye.

06:45:01 Opposed nay?

06:45:03 The ayes have it unanimously.

06:45:04 >> Motion carried with Capin being absent.

06:45:07 Second reading and adoption will be April 5th at 9:30 a.m.

06:45:11 >>CHARLIE MIRANDA: Item number 6, please?

06:45:18 >>ABBYE FEELEY: Item number 6 is a special use request,

06:45:21 V12-116, for a place of religious assembly, day care,

06:45:27 fellowship hall and associated activities.

06:45:29 I did want to just mention that this request was before you

06:45:35 back in 2010.

06:45:37 This was V10-85.

06:45:39 It was approved to do an expansion of a fellowship hall.

06:45:43 That work on the site has actually been completed.

06:45:46 At the time we did that special use, the church had not

06:45:49 requested day care use.

06:45:50 And they were in the process of getting a day care permitted

06:45:55 on-site when it was discovered that they had not received a

06:45:59 special use for day care.

06:46:00 So what is back before you this evening is the same exact

06:46:04 site plan, with the addition of that use on to the property.




06:46:10 And it will occur within existing buildings on the property.

06:46:13 So I will review that so it's really the addition of day

06:46:16 care to a previously-approved special use for a place of

06:46:19 religious assembly and fellowship.

06:46:27 >> Good evening once again, Tony Garcia, Planning Commission

06:46:30 staff.

06:46:31 I have been sworn in.

06:46:36 I think Ms. Feeley did a very good job of succinctly

06:46:40 explaining to you exactly what this case entails.

06:46:43 Basically you're here for a change of use to make an

06:46:45 addition just for a day care center to something that's

06:46:49 already been approved by this body in 2010.

06:46:51 So it's ancillary use to an additional community service,

06:46:54 which is allowed in any residential land use category

06:46:58 according to the comprehensive plan.

06:46:59 This is in the central planning use, land use category is

06:47:03 residential 20.

06:47:04 It is an existing church use that has been a fabric of the

06:47:09 community for quite a few years now.

06:47:11 County commission staff found the proposed request

06:47:13 consistent with the comprehensive plan.

06:47:15 Thank you.

06:47:21 >>ABBYE FEELEY: One other item I did want to mention is the

06:47:24 waivers that you see on the staff report were all previously

06:47:29 approved waivers under V10-85.




06:47:32 The addition of the day care did not trigger any additional

06:47:35 waivers.

06:47:35 Parking on-site -- oop, I want to make a modification to

06:47:39 that, just saw it.

06:47:41 The parking waiver originally it was for 150 spaces, to 99

06:47:47 spaces.

06:47:47 The addition of the day care adds eight spaces.

06:47:50 So it's going to be from 158 to 99.

06:47:54 Since the day care will operate daily, Monday through Friday

06:47:57 type of use, it is going to use the existing parking spaces

06:48:00 that are on the property today.

06:48:02 So, that would be waiver number four in your staff report.

06:48:06 The request before you this evening is to add the day care

06:48:12 use.

06:48:12 It would be 40 children and the existing module building

06:48:17 that already has a playground.

06:48:19 I believe that was used for educational use for the church.

06:48:22 And then 75 children for afterschool care.

06:48:25 So, after 2:00, when those children get out of school.

06:48:29 So, there is a total of 115 children.

06:48:36 And eight employees, I believe.

06:48:39 Let me go ahead and show you the site.

06:48:45 I think you're familiar.

06:48:49 This is looking from Lake -- this is the fellowship hall

06:48:56 that was previously approved under the V10-85 and was




06:49:00 constructed.

06:49:01 This is the module building on-site that was also shown on

06:49:05 the previous site plan that is where the full-time day care

06:49:08 would be.

06:49:08 And then in the fellowship hall, would be the afterschool

06:49:13 care.

06:49:13 This side is the parking area.

06:49:17 This is looking from 30th back toward the property.

06:49:23 This is on the property, looking south toward Lake.

06:49:30 There's a small cutout on the property.

06:49:33 Adjacent at that southwest corner of the site.

06:49:37 This also belongs to the church.

06:49:44 This is looking north on 30th.

06:49:46 This is along the south side of Lake.

06:49:51 At 30th, there is another place of religious assembly there.

06:49:56 And this is immediately west of the site across the railroad

06:50:02 tracks on Lake.

06:50:04 I'm sorry.

06:50:06 I didn't show you the aerial.

06:50:08 Here's that cutout where there is a CM use here.

06:50:14 And the church property goes all the way around the module.

06:50:18 We're talking about here, the new fellowship hall that was

06:50:21 constructed here.

06:50:22 Staff is available for any questions.

06:50:26 >>CHARLIE MIRANDA: Any questions by Councilmembers?




06:50:29 Thank you very much.

06:50:30 Anyone in the audience care to speak on item number 6?

06:50:33 V12-116.

06:50:36 Item number 6?

06:50:37 V12-116.

06:50:47 >> Good evening, I'm Dr. Mark Jones, president of

06:50:50 Manifestations Worldwide.

06:50:52 I just want to reiterate our firm planting in East Tampa.

06:50:58 Want to continue to meet the needs there, as you guys know,

06:51:02 there's a lot going on there with the youth.

06:51:04 And we want to make sure we are in the midst, making sure

06:51:08 they have safe places, especially after school.

06:51:11 So we kindly thank you for your consideration of this use.

06:51:14 >>CHARLIE MIRANDA: Thank you very much, sir.

06:51:14 Anyone necessary the audience care to speak on item number

06:51:17 6?

06:51:18 >> Move to close.

06:51:19 >>CHARLIE MIRANDA: Have a motion to close by Mr. Reddick,

06:51:21 second by Ms. Mulhern.

06:51:23 Further discussion by Councilmembers?

06:51:25 All in favor of the motion, please indicate by saying aye.

06:51:27 Opposed nay?

06:51:28 The ayes have it unanimously.

06:51:29 Mr. Harry Cohen, number six, please.

06:51:37 >>HARRY COHEN: Thank you, Mr. Chair.




06:51:38 I move an ordinance being presented for first reading

06:51:40 consideration.

06:51:41 An ordinance approving a special use permit S-2, approving a

06:51:45 place of religious assembly, day care, fellowship hall and

06:51:49 associated activities in an RS-50 residential single-family

06:51:53 and a CN commercial neighborhood, zoning district in the

06:51:57 general vicinity of 3008, 3010 and 3102 East Lake Avenue,

06:52:02 and 3703, 3707, and 3717 North 30th Street, in the City of

06:52:07 Tampa, Florida, and as more particularly described in

06:52:11 section 1 hereof, providing an effective date.

06:52:13 >> Second no have a motion by Mr. Cohen, second bring

06:52:16 Suarez.

06:52:17 Discussion by Councilmembers?

06:52:18 All in favor of the motion, please indicate by saying aye.

06:52:20 Opposed nay?

06:52:22 The ayes have it unanimously.

06:52:24 >> Motion carried with Capin being an sent.

06:52:26 Second reading and adoption will be on April 5th at

06:52:29 9:30 a.m.

06:52:30 >>CHARLIE MIRANDA: Thank you very much.

06:52:30 We go to item number 7.

06:52:34 >>ABBYE FEELEY: Item 7, Abbye Feeley, Land Development

06:52:36 Coordination.

06:52:38 This is a rezoning request before you tonight.

06:52:40 Case number is Z-12-08.




06:52:42 It is located at 2511 North Howard Avenue.

06:52:45 The request before you this evening is from an RS-50

06:52:49 residential single-family to an RO, residential office, for

06:52:53 office business professional.

06:53:02 >> Good evening, members, Tony Garcia, Planning Commission

06:53:05 staff.

06:53:05 I have been sworn in.

06:53:06 The subject site lies within the Central Planning District

06:53:12 on your vision planning map.

06:53:13 It's located -- should be located right around here.

06:53:20 So it's going to be located on Howard Avenue, just a few

06:53:24 blocks south of Columbus drive.

06:53:26 From eastern face of Howard.

06:53:32 Land use category is community mixed use 35, which allow

06:53:35 force a variety of commercial uses, allows general

06:53:37 commercial as well as neighborhood commercial serving uses

06:53:40 as well as residential uses.

06:53:42 The residential categories, as one departs from Howard

06:53:46 Avenue, is still a very high residential category.

06:53:49 This is residential 35.

06:53:50 And this is community commercial 35, which lies commercial

06:53:54 intensive uses also.

06:53:55 This is a recreation open space, use right over here.

06:53:58 This is actually Rey park.

06:54:01 I'll show you an aerial to give you a little bit more




06:54:04 context.

06:54:05 This is the Centro Espanol of West Tampa right over here,

06:54:10 just a couple blocks south of the site.

06:54:12 And this particular parking lot over here was the site of

06:54:16 the old Cuesta Rey factory years ago.

06:54:19 And here's the site that's in question.

06:54:20 This is basically along one of our two arterial corridors,

06:54:25 north-south corridors, which represent a good part of the

06:54:28 business corridors for the historic West Tampa area.

06:54:31 This is an urban village in your comprehensive plan, as

06:54:34 identified in your comprehensive plan.

06:54:36 The request is consistent with the principles of the urban

06:54:39 village concepts within your comprehensive plan.

06:54:41 Request is consistent with the comprehensive plan.

06:54:43 Thank you.

06:54:52 >>ABBYE FEELEY: With this, the applicant is proposing to

06:54:55 rezone the property at 2511 North Howard from RS-50 to RO to

06:55:00 convert an existing single-family home, which is 1722 square

06:55:05 feet, for business professional office use.

06:55:08 The site contains 6,534 square feet, and it is located mid

06:55:13 block between West Beach and West Saint Conrad.

06:55:17 Only three properties that front this.

06:55:20 There's a car lot to the south, car wash and one

06:55:24 single-family resident to the north.

06:55:26 This is along the segment of Howard that has mixed use,




06:55:31 residential and commercial, including the baker and company

06:55:35 general store.

06:55:35 The proposed setbacks are as follows, based on the existing

06:55:40 structure.

06:55:40 West, the front, is zero feet.

06:55:42 East, 27.5 feet.

06:55:44 South, 1.5 feet and the north, 7 feet.

06:55:47 Maximum building height is proposed at 18 feet.

06:55:51 Given that this silent is in the business core district of

06:55:54 West Tampa, there is no required parking.

06:55:56 This is a modification to code that Council made a few years

06:56:00 ago.

06:56:01 However, five parking spaces are being proposed on-site,

06:56:05 with ingress on Howard, and egress on the alley to the south

06:56:10 of the property.

06:56:10 Elevations of the existing structure have been provided.

06:56:14 I'll go ahead and show you some pictures of the site and

06:56:17 then briefly go over the three comments or four comments in

06:56:21 the staff report.

06:56:23 This is an aerial of the property.

06:56:29 Howard to the west, is Saint Conrad to the north, beach

06:56:32 street to the south.

06:56:33 Here's the zoning atlas.

06:56:41 As you can see, the property shown here in green, CI zoning

06:56:46 immediately abutting split down the alley, that car wash I'm




06:56:50 referring to is here.

06:56:51 There's a small single-family residence to the north here.

06:56:56 And vacant property here.

06:56:58 I'll show you.

06:56:59 And then several PDs along the west side for office and

06:57:03 commercial uses.

06:57:04 Picture of the subject property.

06:57:13 Where this car is parked where the access ends off Howard

06:57:20 would be to access those parking spaces shown, be

06:57:24 immediately adjacent to the structure on the north and then

06:57:27 would follow through to the alley.

06:57:28 Single-family residence to the north.

06:57:31 At the southeast corner of Saint Conrad and Howard.

06:57:35 Car wash.

06:57:37 Car wash is at the northeast corner of Beach and Howard.

06:57:42 This is from the alley looking south toward Beach.

06:57:50 This is immediately west of the property across Howard

06:57:55 Avenue.

06:57:56 This is also across, I'm now going from Saint Conrad and

06:58:02 Howard south along Howard.

06:58:06 You have that structure here.

06:58:07 Then the parking area.

06:58:09 Then the beginning of the baker and company general store.

06:58:16 Another view of that.

06:58:19 Here's the parking lot at the southwest corner of Beach and




06:58:24 Howard.

06:58:24 There's also vacant property immediately south of the car

06:58:28 wash.

06:58:28 And the vacant property, that's a view from Howard looking

06:58:33 east.

06:58:34 And then this is just north of that single-family residence

06:58:37 at the northeast corner of Saint Conrad and Howard.

06:58:41 There are several waivers associated with this request.

06:58:47 Given that it is utilizing the existing structure on the

06:58:53 property.

06:58:55 The first two are related to buffering.

06:58:58 The first is to reduce the required landscape buffer along

06:59:03 the north from 15 feet to six foot concrete masonry wall to

06:59:05 3-foot with a six foot fence.

06:59:06 The second is to reduce the property landscape buffer along

06:59:10 the east from 15 with a six foot concrete masonry wall to

06:59:14 three foot with a six foot solid wood fence.

06:59:16 The fourth is green space waiver for 28 square feet for

06:59:24 vehicle use area green space.

06:59:25 The fourth is an RO district standard.

06:59:29 And that's for the west setback to be at zero.

06:59:32 And that is because they are going to have to do an ADA ramp

06:59:36 in the front to provide handicap access into the structure.

06:59:40 And then there is one for the south side yard from 7 foot to

06:59:43 1.5 feet based on the location of the existing structure.




06:59:46 The last waiver, which is to allow access, commercial access

06:59:50 to an alley, is a standing objection from transportation for

06:59:55 commercial access to that alley.

06:59:57 So they are here should you need to hear from them

07:00:00 concerning that matter.

07:00:01 There are two modifications that I need taken care of on the

07:00:06 site plan in between first and second reading.

07:00:08 And that is to correct waiver number three to read as

07:00:11 follows: 13161 E, a waiver of eight foot required buffer

07:00:16 adjacent to the right of way from eight foot to two foot.

07:00:19 And then to include in the general notes that a waiver of

07:00:22 green space at 25 square feet will be assessed to payments

07:00:26 of fee in lieu.

07:00:28 On page 3, you'll see the two objections from

07:00:32 transportation, I'm sorry, the one objection for the access

07:00:37 to the alley.

07:00:38 And the second is that they would like wheel stops placed or

07:00:42 shown on the site plan in the parking spaces.

07:00:44 At the bottom of page three, you'll also see the RO, RO-1

07:00:49 and CN criteria and staff's analysis of that criteria.

07:00:54 There is a revision should you include in your motion should

07:00:57 it be your desire to approve this application this evening.

07:01:00 Staff is available for any questions.

07:01:02 >>CHARLIE MIRANDA: Mr. Reddick, then Ms. Mulhern.

07:01:05 >>FRANK REDDICK: Thank you motorcycles charity.




07:01:06 Why did park and recreation find this to be inconsistent?

07:01:13 >>ABBYE FEELEY: I'm sorry.

07:01:14 That may have been.

07:01:16 >>FRANK REDDICK: On page four.

07:01:20 >>ABBYE FEELEY: I'm sorry, that is an error on my part.

07:01:22 That should be consistent.

07:01:24 >>FRANK REDDICK: Okay.

07:01:28 >>ABBYE FEELEY: Transportation is the only one finding it

07:01:31 inconsistent because of the access to the alley.

07:01:34 >>CHARLIE MIRANDA: Ms. Mulhern?

07:01:35 >>MARY MULHERN: Abbye, can you, before you pack up all your

07:01:38 papers, was there a picture -- because I'm looking at the

07:01:43 zoning map and it looks like this -- okay, everything on

07:01:49 Saint Conrad, pretty much everything surrounding this to the

07:01:54 east, to the immediately to the north, except for that one

07:01:58 PD, and everything across Howard is zoned RF 50, is that

07:02:05 right?

07:02:06 >> That is correct.

07:02:07 >>MARY MULHERN: And did you have a picture of like the

07:02:10 house, the houses across north across Saint Conrad or to the

07:02:16 east?

07:02:20 >>ABBYE FEELEY: North across Saint Conrad -- let me take you

07:02:22 back just a second.

07:02:29 >>MARY MULHERN: Especially just immediately to the east I

07:02:32 was wondering.




07:02:33 >>ABBYE FEELEY: I don't think I have any of those.

07:02:35 Because this is the one directly to the north.

07:02:39 That's adjacent to the north of the subject.

07:02:44 So here's the subject.

07:02:47 And this is immediately adjacent to the north.

07:02:51 >>MARY MULHERN: It's adjacent, not across the street?

07:02:55 >> Correct.

07:02:55 It's adjacent.

07:02:56 There's one more lot there.

07:02:57 In this portion of West Tampa, you have really small lots.

07:03:01 A lot are only 35 by 100 or 40 by 100.

07:03:04 This is immediately north of that.

07:03:06 >>MARY MULHERN: Okay.

07:03:06 That's across --

07:03:09 >>ABBYE FEELEY: No, hold on.

07:03:10 That's not the right one.

07:03:16 >>CHARLIE MIRANDA: The one that had the boat.

07:03:19 >>ABBYE FEELEY: The one that had the boat, yes.

07:03:21 This is immediately north of that.

07:03:24 >>MARY MULHERN: But you don't have anything...

07:03:25 >> Not looks like it goes all the way to the alley.

07:03:29 >>MARY MULHERN: To the east?

07:03:35 That's okay.

07:03:38 >>ABBYE FEELEY: I don't have the front, I'm sorry.

07:03:40 Because it's split by that alley in both directions.




07:03:50 I'm sorry.

07:03:52 >>MARY MULHERN: That's okay.

07:03:52 Thanks.

07:03:53 >>CHARLIE MIRANDA: Anyone in the audience, petitioner, are

07:03:56 they here?

07:04:09 >> My name is mark Madison, I'm a general of record for the

07:04:15 owners.

07:04:16 The owner is here, Michael Giasi and we have not been sworn

07:04:19 in.

07:04:22 [Oath administered by Clerk]

07:04:26 >>CHARLIE MIRANDA: In the back, anybody getting sworn in,

07:04:29 stand up.

07:04:30 Have the courtesy.

07:04:33 [Oath administered by Clerk]

07:04:44 >> I just wanted to make a few comments in that the proposed

07:04:51 rezoning as already illustrated by the aerials and the

07:04:57 photographs shown by staff is contributing to and furthering

07:05:03 the revitalization of this neighborhood and consistent with

07:05:09 the pattern of revitalization of the neighborhood.

07:05:13 And the proposed use is much less intensive use than the

07:05:18 adjacent commercial car wash, as well as the retail shops

07:05:23 across the street.

07:05:24 And so forth.

07:05:26 And by virtue of that, is consistent with the future land

07:05:30 use maps and also the development of the area.




07:05:33 And also, as readily apparent this parcel is ideally suited

07:05:39 in its current existing configuration of the existing

07:05:44 building and the way the lots were subdivided decades ago,

07:05:49 lends itself especially to this type of use.

07:05:52 I was not aware until just moments ago the notes on

07:06:01 revisions, which I don't -- I don't see any problem with at

07:06:07 all.

07:06:07 I thought that, discussing DRC meetings, that the access

07:06:14 issue over, of parking lot, non-residential parking throat

07:06:19 an arterial or collector street was addressed by our waiver

07:06:25 allowing egress into the alley.

07:06:28 But so, I'm a little bit confused by that.

07:06:33 Only being presented within the last few minutes.

07:06:38 But, we certainly don't see any problem with making

07:06:41 revisions to comply with staff's recommendations.

07:06:44 Other than that, myself and the owner remain for any

07:06:50 questions that Council may have.

07:06:54 >>CHARLIE MIRANDA: Any questions at this time,

07:06:55 Councilmembers?

07:06:56 Let me go to -- Mr. Suarez?

07:06:59 >>MIKE SUAREZ: Sir, what kind of use is going to be put

07:07:01 there?

07:07:02 What are you going to use the house for?

07:07:06 >> Primarily a professional office, such as an attorney's

07:07:10 office, title insurance, something of that nature.




07:07:14 Non-retail.

07:07:17 Professional office.

07:07:19 This does not include medical clinic or any associated kind

07:07:25 of office like that strict lay professional office.

07:07:28 >>MIKE SUAREZ: How many square foot is the building?

07:07:30 >> 1500 and -- I believe...

07:07:38 >>MIKE SUAREZ: She's got it, 1568.

07:07:40 >> Yeah, the building is 1772, I believe.

07:07:45 Of which the front porch area I think is 274 square feet.

07:07:54 You get to 1500 square feet of enclosed area.

07:08:06 >>CHARLIE MIRANDA: Ms. Montelione?

07:08:12 >>LISA MONTELIONE: I'm just curious -- Abbye?

07:08:17 I'm just concerned that you said you just learned of the

07:08:21 revision sheet changes a few minutes ago?

07:08:25 >> Yes.

07:08:27 >>LISA MONTELIONE: Ms. Feeley, can you tell me why the

07:08:29 applicant just found out about the revision sheet?

07:08:32 >>ABBYE FEELEY: The revision sheets are just reflective of

07:08:34 the comments raised in the staff report.

07:08:36 I put them on that sheet so they're not read into the record

07:08:39 individually.

07:08:40 They were in the staff report.

07:08:41 They're exact documentation from the staff report.

07:08:45 I didn't this afternoon have time to send out the revision

07:08:48 sheets to all my applicants like I typically do.




07:08:50 But it is as the staff report, which was filed with the

07:08:54 clerk's office last Thursday.

07:08:56 >>LISA MONTELIONE: And you did have the staff report?

07:08:58 >> No, no, I don't.

07:09:07 >>ABBYE FEELEY: I believe that I sent the staff report, I

07:09:10 sent it to the doctor, like I always do.

07:09:14 I don't know if there was discrepancy in them receiving it.

07:09:18 I wasn't contacted that there was any discrepancy, so I

07:09:22 guess I made the assumption that he received it.

07:09:29 >>CHARLIE MIRANDA: Mr. Reddick?

07:09:31 >>FRANK REDDICK: Thank you Mr. Chairman.

07:09:32 My big concern is the, pertaining to the transportation

07:09:38 issue.

07:09:39 Because according to what I read and the report,

07:09:46 transportation, they are saying that you're inconsistent

07:09:50 with the statute.

07:09:52 And that's Chapter 27-246, JK -- J 1.

07:09:58 And that the code require ingress and egress with

07:10:03 nonresident parking.

07:10:06 And that you have not met these standards.

07:10:09 So, are you planning on meeting these standards if this

07:10:16 approved in first reading, prior to second reading? Because

07:10:19 according to this, if I vote to support this, I'm voting to

07:10:24 violate a chapter, a statute.

07:10:26 So I would ask for clarification either from staff or




07:10:33 someone, because if you're asking us to approve this and

07:10:35 you're saying that you don't meet the statute, then -- so,

07:10:41 are we violating a code or violating a law or did it have

07:10:46 the time to correct this prior to second reading?

07:10:50 Just clarification on this.

07:10:52 Staff, anyone?

07:10:57 >>CHARLIE MIRANDA: Just one second.

07:10:58 They're having a side bar as I can see from here.

07:11:01 I want to get all the information all at once.

07:11:03 I don't want to henpeck this thing to death.

07:11:09 >> You got more brain power there than a General Motors'

07:11:36 engine.

07:11:36 [ Laughter ]

07:11:37 >>CHARLIE MIRANDA: And from here, one of them is working in

07:11:40 Victor watch.

07:11:43 >>CHARLIE MIRANDA: Have we come to a conclusion?

07:11:55 All right.

07:12:01 Let's see if we can unveil this mystery.

07:12:04 See, everybody is puzzled.

07:12:14 All right, you're saying you never got anything?

07:12:16 >> Exactly.

07:12:17 What I'm looking at now is November 21, DRC meeting

07:12:24 comments, transportation did point this out.

07:12:28 And then it was suggested, written form, a waiver number 4,

07:12:33 needs to be written as, chapter so forth and so on, to allow




07:12:36 access to an alley, which we put in our waiver.

07:12:39 Per their direction, I thought that resolved the issue.

07:12:42 I've not seen these comments.

07:12:44 I've not had a staff report when I heard about page three

07:12:47 and four, I was oblivious to what was being referred to.

07:12:54 This is totally new to me.

07:12:55 I was told by staff report, put in that waiver for the alley

07:12:58 and you're good to go.

07:13:01 >>CHARLIE MIRANDA: Well, let's see how good you are.

07:13:04 >> Thank you.

07:13:06 >> We have testimony from Ms. Feeley she through normal

07:13:09 course of process sent her comments, sent the staff report

07:13:12 out approximately a week ago.

07:13:13 Revision sheet is simply just a reiteration of what's within

07:13:16 the staff report.

07:13:17 If an applicant is indicating that they had no opportunity

07:13:20 to review a staff report and they're at disadvantage, so

07:13:24 really the option for this applicant is they can request a

07:13:27 continuance, they can have adequate time to review the staff

07:13:30 report that they're saying they just received today.

07:13:32 And that way they would have the opportunity to respond and

07:13:34 work with staff on the issue.

07:13:37 Way understand the issue being, one of whether or not they

07:13:40 should be allowed to have access to the alleyway.

07:13:43 It is for City Council to decide whether or not they want to




07:13:46 approve that waiver, transportation division as they

07:13:48 typically do is objecting to that waiver.

07:13:51 Thank you.

07:13:53 >>CHARLIE MIRANDA: Ms. Montelione, Mr. Cohen, in that order.

07:13:56 >>LISA MONTELIONE: Thank you.

07:13:56 I don't know that it's -- are we -- we waive various things

07:14:02 to sections of our code at different times, depending on the

07:14:08 application and depending on what it is they're asking for,

07:14:12 so, would this not be just a waiver to allow access to an

07:14:20 alley?

07:14:22 For ingress and egress?

07:14:25 >>ABBYE FEELEY: Yes, that's exactly what it is.

07:14:28 There's no other way for this property to function.

07:14:32 It doesn't have enough steps -- depth to have 24-foot

07:14:38 driveway.

07:14:40 So yes.

07:14:41 >>LISA MONTELIONE: From way understand from the applicant,

07:14:42 you don't have any objection to what's on this revision

07:14:45 sheet?

07:14:47 All of these things are fine with you?

07:14:54 These changes, these notes can be made on the site plan,

07:14:59 between first and second reading?

07:15:01 >> Yes.

07:15:02 >>LISA MONTELIONE: So you don't have a problem with it.

07:15:03 Really what we're looking at is simply a waiver to our code




07:15:09 to allow ingress and egress through use of this alley.

07:15:15 And -- for me, I don't have a problem with it.

07:15:19 I think it's fine, because way, way back when, I don't know,

07:15:24 Mr. Miranda, chair, you might remember?

07:15:26 What alleys were typically used for?

07:15:30 >>CHARLIE MIRANDA: Right, I'm making an assumption, that's

07:15:34 property of the city, the alley?

07:15:37 >>LISA MONTELIONE: So alleys were at one point in time used

07:15:40 for ingress and egress for properties, and that's how you

07:15:46 got access tower property sometimes.

07:15:48 >>CHARLIE MIRANDA: Many areas, Seminole Heights, Hyde Park,

07:15:52 Ybor City, West Tampa.

07:15:53 That was a form of egress and ingress to a lot of

07:15:56 properties.

07:15:58 >>LISA MONTELIONE: That's part of the reason I don't have a

07:15:59 problem with it.

07:16:00 It was because this alley is going to function as it was

07:16:02 originally designed to provide egress and ingress and egress

07:16:07 to a property.

07:16:08 Soy I don't know if that helps clarify.

07:16:12 >>CHARLIE MIRANDA: It helps.

07:16:13 Only thing, I was going to say, we got three years left.

07:16:16 I don't want to say you got to pave the alley because it's

07:16:20 full of potholes.

07:16:22 >> Actually, that's already been addressed.




07:16:24 But before I mention that again, the current use with the

07:16:28 car wash, on the other side of the alley, of course they do

07:16:32 have access to Howard as an arterial.

07:16:34 But they also have egress through that same alley.

07:16:37 I was trying to point out the site plan, but when this

07:16:40 discussion came up, I was told in DRC meeting that that

07:16:44 portion of the alley would need to be paved for this waiver

07:16:48 of access to a commercial access to the rally.

07:16:52 I'm trying to find in it our general notes but I believe we

07:16:54 have --

07:16:56 >>CHARLIE MIRANDA: I'm not trying to be in any way injecting

07:16:59 ourselves into it.

07:17:00 But I think, Ms. Montelione's suggestions might work these

07:17:06 things out.

07:17:07 So I'm just asking to be cautious.

07:17:09 >> If -- keep talking and see what happens.

07:17:12 In other words, you're sinking yourself, and you continue

07:17:17 doing it.

07:17:18 Continue doing it.

07:17:21 >> I just thought I'd point out in the general note, it's

07:17:24 mentioned that the alley along the property is access, would

07:17:28 be fully paved and approved to City of Tampa standards.

07:17:34 >>LISA MONTELIONE: So you would be paving the alleyway?

07:17:36 >> Exactly, for that portion.

07:17:38 >>LISA MONTELIONE: I think that clarifies -- I'm hoping it




07:17:42 clarifies.

07:17:43 >>CHARLIE MIRANDA: Thank you, Ms. Montelione.

07:17:46 >>LISA MONTELIONE: You're welcome, sir.

07:17:47 >>CHARLIE MIRANDA: Okay, anyone -- you finished with your

07:17:50 presentation, sir?

07:17:51 >> Yes, I am.

07:17:52 Thank.

07:17:52 >> You anyone in the audience care to speak on this item?

07:17:55 Item 7, Z-12-08, yes, ma'am?

07:18:05 >> Good evening.

07:18:06 My name is Donna Frank lip.

07:18:09 I've been living in that area for 50 years.

07:18:11 There's a car wash there, which I think was illegally done.

07:18:15 It's right next door to my house, which I live at 2139 west

07:18:19 Beach Street.

07:18:20 Alleyway, we use that as access to get to the back of our

07:18:24 residence.

07:18:24 I have to get up, I have to work, I have to get up all time

07:18:31 of night to go over there to ask the people to turn the

07:18:33 noise down at this car wash.

07:18:34 It's right next door to me.

07:18:36 And then we have, we got the comedy club on the other corner

07:18:42 we have to contend with on the weekends.

07:18:44 There's a lot of traffic and people in the area don't use

07:18:46 that car wash.




07:18:47 There's people coming in to use the car warrant and it's a

07:18:51 big problem around there.

07:18:52 I've had bullets go through my window, just New Year's

07:18:57 night, just because at 4:00 in the morning, I got up to ask

07:19:00 them to turn the noise down.

07:19:03 They threw a liquor bottle and hit my house.

07:19:05 You know?

07:19:06 And I don't think I should have to go through that.

07:19:09 We don't need no more actives around there.

07:19:12 So we are suffering right now.

07:19:15 >>CHARLIE MIRANDA: Thank you.

07:19:17 >> Thank you.

07:19:18 >>CHARLIE MIRANDA: Anyone else in the audience care to speak

07:19:21 on this item, item 7, Z-12-0708.

07:19:26 Petitioner, if you want to reborrow, you can.

07:19:29 You have five minutes.

07:19:30 >> Actually, not in the way of rebuttal.

07:19:36 >>CHARLIE MIRANDA: Let me do this.

07:19:37 We have another person that would like to speak before I

07:19:41 give you your time?

07:19:42 I believe it would be prudent to do it that way.

07:19:45 >> Good evening.

07:19:45 My name is Catherine Jackson.

07:19:46 I live 2138 West Saint Conrad Street.

07:19:50 And the noise from the car wash also involves me.




07:19:54 And then the house where he's wanting to renovate for office

07:19:58 is a lot of noise there.

07:19:59 It's a lot of activities there.

07:20:02 And it's too noisy and it's too busy.

07:20:05 And it's not going to solve a problem by crowing up the

07:20:10 alleys or doing -- by closing up the alleys and doing all

07:20:14 this.

07:20:15 And we just have too much noise.

07:20:16 >>CHARLIE MIRANDA: Thank you.

07:20:17 Let me just say this in general conversation.

07:20:20 I or no one else here can base our decision based on another

07:20:27 property that was rezoned years ago on this gentleman's

07:20:30 property, case before us.

07:20:32 It would be unfair to everyone, including the City of Tampa.

07:20:35 So, we're trying to determine if it's a best use for this

07:20:39 piece of property currently.

07:20:41 As you well know, the young lady came in, Ms. Franklin,

07:20:44 she's been there for 50 years.

07:20:46 50 years, we didn't have that problem because we didn't have

07:20:49 that many car.

07:20:50 And parents were parents and they would take care of their

07:20:52 kids in their own way.

07:20:53 And those days are gone, unfortunately, to some extent.

07:20:56 So, I appreciate what you're saying and later on we'll take

07:21:02 a look at the car wash and see what we can do, if anything.




07:21:06 I'm going to be very sincere with you.

07:21:08 But we'll go from there and -- but I can't base that

07:21:11 experience on another piece of property on the case before

07:21:14 us.

07:21:14 Ms. Mulhern?

07:21:17 Anyone else?

07:21:19 >>MARY MULHERN: Thank you.

07:21:20 Ma'am, to follow up on what Chairman Miranda was saying, do

07:21:27 you have a problem -- what is your question about this

07:21:31 particular, the office, residential office use as opposed to

07:21:36 what it is currently.

07:21:40 >> If it's going to be very busy.

07:21:42 >>MARY MULHERN: Can you speak into the microphone?

07:21:44 >> If it's going to be very busy, it is very noisy.

07:21:46 I've been there 16 years.

07:21:48 And with cars going and coming and going and coming and

07:21:54 people standing -- hanging around the car wash.

07:21:57 It's just too busy.

07:22:00 >>MARY MULHERN: Thank you.

07:22:01 >>CHARLIE MIRANDA: Ms. Montelione?

07:22:06 >>LISA MONTELIONE: Again, just to clarify.

07:22:07 That's okay.

07:22:14 Just to you and the previous speaker.

07:22:17 But, this is being, if it passes, not only tonight, but at

07:22:23 the second reading, this is for a business professional




07:22:25 office.

07:22:26 And the applicant is indicated uses like an attorney's

07:22:30 office or title company, where business professional office

07:22:35 limits the use to only a very narrow list of types of things

07:22:42 that can locate there.

07:22:43 They can't just decide one day that they're going to have

07:22:48 some other type of business operate out of that it's got to

07:22:53 be on that list of what's allowable in business professional

07:22:57 office.

07:22:57 As he indicated, they can't be a doctor's office or they

07:23:02 can't be something else that's typically would create a lot

07:23:06 of activity.

07:23:08 And I don't know, I know a lot of attorneys and a not of --

07:23:13 not a lot of them work at night.

07:23:15 So the noise in the evening, present company excepted, the

07:23:20 noise in the evening, you know, probably is not going to be,

07:23:25 you know, very much.

07:23:27 But if there are issues with another location, I mean, the

07:23:31 suggestion that we can make is to get in touch with one of

07:23:35 us, or get in touch with code enforcement or get in touch

07:23:39 with TPD, so that we can address tissues that you have with

07:23:43 the other property.

07:23:44 Okay?

07:23:46 Thank you, ma'am.

07:23:47 >>CHARLIE MIRANDA: Mr. Reddick.




07:23:50 >>FRANK REDDICK: Thank you.

07:23:50 To the petitioner, the petition -- did the petitioner meet

07:23:55 with these residents?

07:23:58 Of that neighborhood?

07:23:59 >> First of all, I'm familiar with exactly what the two

07:24:04 ladies have just mentioned.

07:24:07 >>FRANK REDDICK: No, I'm asking, did you meet with them?

07:24:09 >> No, I have not personally, no.

07:24:12 >>FRANK REDDICK: Have you met with anybody in the vicinity

07:24:17 where you want to put this residence to a business, from a

07:24:21 house to go from residential to a business?

07:24:25 Have you met in the vicinity anybody in that community?

07:24:28 >> Yes, I have met the property owners adjacent and their

07:24:33 daughter.

07:24:33 And I tell you, in the context that we have.

07:24:36 First of all, I'd like to mention that again, as Council

07:24:40 pointed out, the professional office is a much quieter use

07:24:46 than many other kinds of retail or car wash and so forth.

07:24:49 I recognize the property that they're illustrating and while

07:24:53 we cannot control what happens in the car wash, as a matter

07:24:58 of record, there's been code compliance, notice, I believe

07:25:03 there have been code compliance and calls to the city, I'm

07:25:07 not sure -- police department or whatever from these

07:25:09 neighbors.

07:25:11 From large congregations of peoples at all hours on this




07:25:14 property being used in congregational area for food and

07:25:19 beverage.

07:25:19 They have also illegally cut through and -- made access from

07:25:25 Conrad street in the adjacent property and from Howard over

07:25:29 the curb, parking cars there, congregating all the time, as

07:25:35 a record of public urination there.

07:25:38 Code complies for junk piling up.

07:25:41 There's been neighbors' complaints about noise late in the

07:25:45 night, loud music.

07:25:46 When I met the owner adjacent, they are part of making this

07:25:50 a community congregation area and has become a problem.

07:25:53 And that is part of the owner's intent, to transfer the

07:25:59 property to a quieter use, again, consistent with the

07:26:02 revitalization of this neighborhood.

07:26:04 And try and correct a problem that is can existent now.

07:26:08 >>FRANK REDDICK: Sir, I'm very familiar with every street in

07:26:12 that name.

07:26:12 I grew up just a few blocks from it.

07:26:14 So, you don't have to lecture me.

07:26:18 Because I'm very familiar with it.

07:26:21 I know what the car wash, is a lot of young people use that

07:26:26 car wash and that's where they play the loud music and a lot

07:26:30 of congregate outside the car wash.

07:26:34 Yes, that's a problem.

07:26:35 I also know, had a question, did you meet with West Tampa




07:26:40 economic development team?

07:26:43 And if you going to have a business, I don't care if

07:26:48 professional business or not, if you going to increase your

07:26:51 clientele, you have high number of traffic.

07:26:55 You got title company, I don't care if you got a lawyer's

07:27:00 office, you got complaints come there.

07:27:02 If you're a good lawyer, you're going to generate a large

07:27:06 client base.

07:27:06 If not, you're going to be with a foreclosure sign.

07:27:09 So, I understand that.

07:27:13 All I'm asking, did you reach out to the people in that

07:27:18 community and explain to them what type of business that you

07:27:22 were doing and even though the next-door neighbor, but it's

07:27:28 more than one next-door neighbor in that neighborhood.

07:27:31 And so, that's my only problem.

07:27:35 And I'm just still -- I cannot accept all these waivers that

07:27:40 the staff is recommending.

07:27:41 And I still have this problem with transportation

07:27:45 recommendation.

07:27:48 So, as I stand now, I could not support your project.

07:27:51 Thank you, Mr. Chair.

07:27:53 >>CHARLIE MIRANDA: Ms. Mulhern?

07:27:54 >>MARY MULHERN: Thank you, Mr. Chairman.

07:27:56 Abbye, can you tell me what professional office -- what uses

07:28:03 are permitted or limited?




07:28:08 >>ABBYE FEELEY: Well, this is the site plan controlled

07:28:11 district.

07:28:11 So business professional office would be the only use

07:28:13 allowed here.

07:28:14 That would be like an accountant's office, real estate,

07:28:18 title work, a lawyer, bookkeeper, something like that.

07:28:23 No medical office uses would be permissible.

07:28:31 >>CHARLIE MIRANDA: Anyone necessary the audience care to

07:28:33 speak on this item?

07:28:34 Item Z12-08, number 7?

07:28:39 >> Move to close.

07:28:41 >> Second.

07:28:44 >>CHARLIE MIRANDA: Are you finished sir?

07:28:45 >> Yes, the last comment I wanted to make, by virtue of the

07:28:49 size of the existing structure, it is very limited and could

07:28:52 only have two offices and that limits capacity of traffic.

07:28:59 >>CHARLIE MIRANDA: Thank you.

07:29:00 I have a motion to close by Ms. Montelione, seconded by

07:29:03 Mr. Suarez.

07:29:03 All in favor of the motion, please indicate by saying aye.

07:29:05 Opposed nay?

07:29:10 Motion to close unanimously.

07:29:11 Number 7, anyone want to move?

07:29:14 I think it's Ms. Montelione.

07:29:17 >>LISA MONTELIONE: I'll move an ordinance, move to approve




07:29:19 ordinance being presented for first reading and

07:29:21 consideration, an ordinance rezoning property in the general

07:29:24 vicinity of 2511 North Howard Avenue, in the City of Tampa,

07:29:27 Florida, and more particularly described in section 1, from

07:29:30 zoning district classifications RS-50, residential

07:29:32 single-family to RO residential office, business,

07:29:36 professional, providing an effective date.

07:29:37 Along with the revisions as noted on the sheets provided by

07:29:42 Abbye Feeley.

07:29:43 >>CHARLIE MIRANDA: Have a motion by Mr. Montelione, have a

07:29:45 second by Mr. Suarez.

07:29:48 Any discussion on this motion by Councilmembers?

07:29:51 Ms. Mulhern?

07:29:55 >>MARY MULHERN: I'm not going to be able to support this

07:29:58 because of the waivers requested.

07:30:01 And because of the fact that it's -- this site is surrounded

07:30:09 by residential single-family housing.

07:30:13 And this isn't based on anything to do with the property,

07:30:20 the car wash, but the fact is that this is a single-family

07:30:26 residential neighborhood.

07:30:27 Everything, almost everything north of Saint Conrad is

07:30:32 residential.

07:30:33 So I think it's not consistent and the fabric of residential

07:30:39 neighborhood, as you start to turn these little houses into

07:30:43 offices, you lose the residential quality and that quality




07:30:47 of life, we heard from neighbors that they, they don't want

07:30:53 anything more intensive there at all.

07:30:55 So, even though it sounds like it, you know, it's not going

07:30:59 to be a problem comparable to what they're already facing

07:31:03 with the car wash, I still think it's an intensification of

07:31:07 use to put a business in there, which will have parking and

07:31:11 people coming and going, you know, using the alley, which is

07:31:16 one of the waivers.

07:31:16 So I'm sorry, I can't support it.

07:31:19 >>CHARLIE MIRANDA: All right.

07:31:20 Any others?

07:31:22 Let me just say this.

07:31:23 This is culmination of facts and history and when you

07:31:30 start -- the word that comes to my mind is redaptive use --

07:31:34 what is going to happen in a highly traveled frontage right

07:31:40 close to the sidewalk and street, maybe eight feet

07:31:43 separating the porch of the curb, maybe ten feet at most,

07:31:49 and when you look around from Saint Conrad to St. John to

07:31:53 St. Joseph to Columbus drive, you certainly have a lot of

07:31:57 commercial facing east and west on both sides.

07:32:00 Not only baker and company, but used to have down the street

07:32:04 the little cigar factory and then had you Henry's, where

07:32:08 they used to do engraving, I don't think they're there any

07:32:11 more.

07:32:12 Something else there now.




07:32:13 And then you have some residential property on the west side

07:32:15 before the restaurant there on Columbus and Howard.

07:32:18 But, given an opportunity that this is not going to be, I

07:32:23 assume, by the record of the, that's recorded, is that in

07:32:28 the plan itself, the hours of operation of this business?

07:32:32 Abbye?

07:32:40 >>ABBYE FEELEY: No hours of operation have been placed on

07:32:42 the plans.

07:32:44 >>CHARLIE MIRANDA: Maybe between first and second reading

07:32:45 you can come up with something.

07:32:47 I'm not going to debate this any further.

07:32:50 >> MARTIN SHELBY: Mr. Chairman, I must interpret, I'm sorry.

07:32:52 >>CHARLIE MIRANDA: What is he going to say?

07:32:54 >> I'm saying if you wish to have the hours --

07:32:57 >>CHARLIE MIRANDA: I'm not going to open the hearing again.

07:32:59 >> Then it cannot be done.

07:33:01 >>CHARLIE MIRANDA: I understand.

07:33:02 That's why I backed off.

07:33:03 Immediately I backed off.

07:33:04 I'm not a child.

07:33:12 So, those are my sentiments, I don't think you're going to

07:33:15 be open like the car wash.

07:33:17 I don't think you're going to create a disturbance of the

07:33:19 good neighbors, Ms. Franklin and her friends in the

07:33:22 neighborhood.




07:33:22 I believe that's -- I believe that sincerely.

07:33:26 That's the -- let's see how the vote goes.

07:33:29 Okay, I have a motion on the floor.

07:33:32 All in favor of that motion made by Ms. Montelione, second

07:33:35 by Mr. Suarez.

07:33:37 All in favor of the motion, please indicate by saying aye.

07:33:39 Opposed nay?

07:33:41 Motion passes 4-2.

07:33:43 >> Motion carried with Reddick and Mulhern voting no and

07:33:46 Capin being absent.

07:33:48 Second reading and adoption will be on

07:33:49 April 5th at 9:30 a.m.

07:33:53 >> Thank you.

07:33:54 >>CHARLIE MIRANDA: Thank you very much.

07:33:55 Item number 8.

07:33:57 Thank you all for attending.

07:34:47 >>ABBYE FEELEY: The next item on your agenda is Z12-09.

07:34:52 This is located at 401, 415 North Dale Mabry Highway.

07:34:57 3712, 3714, and 3716 West Carmen Street.

07:35:02 The request before you this evening is from a CG, commercial

07:35:06 general and CI, commercial intensive zoning district to a

07:35:09 PD, planned development for retail sales, gasoline and

07:35:14 convenience goods.

07:35:14 And all commercial general uses.

07:35:26 >>TONY GARCIA: Tony Garcia, planning staff.




07:35:29 I've been sworn in.

07:35:30 This site locationally, when you look at it on your vision

07:35:35 map, really skirts the boundary of the Westshore District

07:35:37 and the Central District.

07:35:38 Because it's right on this line.

07:35:43 Right on this green line, is the subject property, almost

07:35:46 goes all the way back to where this line would go.

07:35:49 This is more or less right around Sterling, which is just --

07:35:52 let me show you, Sterling is right here.

07:35:54 So the line kind of goes through here.

07:35:58 Technically, this land use category is regional mixed use

07:36:01 100.

07:36:01 This is urban central business district land use designation

07:36:05 down here, where we're currently at, central business

07:36:07 district.

07:36:08 This is your next highest land use classification, which

07:36:11 allows the most opportunity for intensity and density.

07:36:16 This is located right within the boundaries of the Westshore

07:36:19 overlay district.

07:36:20 So, technically it skirts the boundaries of the Westshore

07:36:23 District and the Central Planning Districts.

07:36:28 The request has already been stated to you by Ms. Feeley,

07:36:34 that is well within the boundaries of what you're allowed to

07:36:36 do for this particular site.

07:36:37 This was formerly, several restaurants have been located on




07:36:42 this site.

07:36:42 I cannot think in my mind what was there prior to that I'm

07:36:45 sure Mr. Miranda can, enlighten me, but if he can't, I

07:36:50 wonder hold you to it.

07:36:51 I know there have been a variety of general commercial and

07:36:55 restaurant uses on this site dating way, way back.

07:36:57 Request is well within the allotted parameters of allotted

07:37:01 uses within the mixed use 100.

07:37:04 Planning Commission staff found the proposed request

07:37:06 consistent with the comprehensive plan.

07:37:10 >>ABBYE FEELEY: I don't think it was way, way back, it just

07:37:13 kind of looked like it was way, way back.

07:37:15 I saw it was built in '93 and Hops and most recently used

07:37:20 was Giordanos pizzeria.

07:37:24 It was a chicken place before that?

07:37:27 Pollo Tropical.

07:37:29 I am getting hungry.

07:37:32 The request before you this evening is really more of a

07:37:35 design request than it is a use request.

07:37:37 The request for the use retail sales, gasoline and

07:37:40 commercial goods is a permissible use in both the CI and CG

07:37:45 districts.

07:37:45 Which is what this property is zoned.

07:37:47 And that's why on the front page of your staff report, where

07:37:50 the waivers are listed for this request, you'll see that




07:37:54 there are five waivers and four of them are to the Westshore

07:37:57 overlay district.

07:37:58 The first waiver is for access to a local street, which

07:38:03 would be West Carmen Street and Gray Street.

07:38:06 The second is for the Westshore overlay to allow the

07:38:11 increased building setback along north Dale Mabry from ten

07:38:15 feet to 20 feet.

07:38:16 To 57 feet for the canopy and 176 feet for the convenience

07:38:22 store.

07:38:22 This would need to be revised in between first and second

07:38:24 reading, as you see there.

07:38:26 The third is to allow for the increase in percentage of

07:38:30 parking located in the front yard from 20% to 63%.

07:38:35 Which is 41 spaces.

07:38:38 Just to allude to that, the use is actually only required 23

07:38:43 spaces.

07:38:46 The fourth is to allow for increased drive aisles from

07:38:49 24 feet to 26 feet.

07:38:51 Now, usually see this waiver the other way from, 26 feet to

07:38:54 24 feet.

07:38:55 But under the recent revisions to the overlay district, you

07:38:58 approved that 24 feet was the standard, so this is actually

07:39:01 increasing that.

07:39:05 And the last is to allow a decreased sign setback from five

07:39:10 foot to two foot.




07:39:11 And you'll see that sign located on your site plan and also

07:39:16 in the prospective sketches I've provided you.

07:39:22 The petition ser proposing to rezone the 1.85-acre site

07:39:27 bordered by Dale Mabry to the west, Carmen street to the

07:39:29 north and Gray Street to the south.

07:39:31 For a commercial retail sales gasoline and convenience

07:39:36 store.

07:39:36 It's surrounded by commercial uses to the north, south and

07:39:40 west, and residential to the east.

07:39:42 The project proposes a one story, 5,635 square foot

07:39:47 convenience store and 16 gasoline pumps.

07:39:50 The property is within the Westshore overlay district and

07:39:53 that's why I mentioned to you tonight, this is really a

07:39:55 design question.

07:39:57 Or one of the reasons this application is before you tonight

07:39:59 is for the waivers to the overlay.

07:40:01 Those waivers could not be granted administratively by

07:40:04 staff.

07:40:07 And as I said, the uses are permissible uses under the CI

07:40:11 and CG district.

07:40:12 Just wanted to reiterate that.

07:40:14 The PD setbacks are as follows.

07:40:17 And I did provide those in your staff report.

07:40:19 57 feet along Dale Mabry to the gas pump canopy.

07:40:22 And 176 feet to the convenience store.




07:40:25 Along the east, which is the rear, is 78 feet to the store.

07:40:30 The north side is 50 feet to the pump canopy and 85 feet to

07:40:35 the convenience store and south side is 62 feet to the pump

07:40:38 canopy and 85 feet to the convenience store.

07:40:41 There is parking locate on the north, south and west of the

07:40:45 store, as well as we do consider those, the pumps, the

07:40:50 spaces adjacent to the pumps as spaces.

07:40:52 The proposed uses require 23 spaces and a total of 65 are

07:40:58 being provided.

07:40:59 Building elevations and amenity perspective sketches have

07:41:03 been provided.

07:41:04 There are a number of outstanding items that need to be

07:41:08 addressed.

07:41:09 And you'll see those on pages two through seven of your

07:41:14 report.

07:41:15 I brief the applicant has been in contact with all reviewers

07:41:20 concerning those matters.

07:41:21 Mike Callahan, our urban design coordinator is here with me

07:41:26 tonight, as this property is located in the Westshore

07:41:28 overlay district.

07:41:29 And let me go ahead and show you the site and then I'll

07:41:33 briefly talk a little bit about my analysis and turn it over

07:41:36 to Mike.

07:41:37 Here's an aerial of the property.

07:41:51 As I mentioned in my staff report, the current building




07:41:56 that's located on-site based on the survey is located at

07:41:59 13.4 feet off Dale Mabry Highway.

07:42:02 Proposed use will be a 57 feet to the canopy and 176 feet to

07:42:06 the store.

07:42:07 Zoning atlas, the notch-out at the northwest corner of the

07:42:17 site is the commercial intensive portion of the site.

07:42:20 Remaining is the commercial general portion of the site.

07:42:22 As I have stated a couple times, gas station and convenience

07:42:27 sales is permissible use in both of these district.

07:42:30 The waivers being requested this evening to the overlay are

07:42:33 what bring this application before you this evening.

07:42:35 North Dale Mabry to the west, gray to the south, Carmen to

07:42:40 the north.

07:42:41 1.85 acres is a large site for us in the city.

07:42:50 I think you've heard me say that about.

07:42:53 Here are some pictures from the west side of Dale Mabry,

07:42:55 looking east.

07:43:04 The existing structure, is moving north on Dale Mabry.

07:43:08 This is the use immediately to the north.

07:43:14 This is on Carmen, Dale Mabry is here, so this is lacking

07:43:25 south along Carmen.

07:43:27 I'm going to go across the site to the east.

07:43:30 The parking is located in the rear of the property now.

07:43:40 There's an existing six foot PVC fence and this is the

07:43:48 property immediately to the east.




07:43:50 There is a single-family residence there.

07:43:53 This is Carmen looking north.

07:44:00 I'm going to travel again basically down the street.

07:44:03 This is the Corvette shop.

07:44:04 Body portion of that use.

07:44:07 And there's another business immediately north of the

07:44:16 existing site.

07:44:17 This is Gray Street.

07:44:21 Looking north, west toward Dale Mabry.

07:44:25 The existing Giordanos.

07:44:37 Back to the rear of the property.

07:44:39 This is the house immediately adjacent, east of the

07:44:43 property.

07:44:43 Single-family residence next to that this is the south side

07:44:50 of Carmen working from Dale Mabry back east again.

07:44:52 This is the old Hops, or Hops two.

07:44:59 There were two Hops.

07:45:02 I could never figure that out.

07:45:03 Right now, the property is fenced.

07:45:09 There isn't a current active use on the property.

07:45:12 Morey street immediately, picks up adjacent on the east side

07:45:16 of that just on the east side, single-family residence.

07:45:21 Another single-family residence.

07:45:22 This open space, across the park, neighborhood serving open

07:45:28 area there right at the intersection, where sterling kind of




07:45:31 veers off to the south there.

07:45:33 I'm sorry.

07:45:34 To the east.

07:45:34 This is immediately across Dale Mabry.

07:45:37 So you know where you are.

07:45:40 Party city.

07:45:41 And looking south along Dale Mabry.

07:45:49 As I mentioned, Mike Callahan is here with me tonight.

07:45:59 We started this process with the applicant probably about

07:46:02 six months ago, looking at this property.

07:46:06 And they had come to Mike and myself, seeking a design

07:46:10 exception for the waivers to the Westshore overlay.

07:46:14 At that time, I think it was maybe three or four weeks after

07:46:17 had you placed the new revisions to the overlay that came

07:46:21 before you under the Westshore Alliance.

07:46:23 >>CHARLIE MIRANDA: I think Ms. Mulhern has a question.

07:46:26 >>MARY MULHERN: I know you said this basketball of times, I

07:46:30 find it hard to believe so commercial general allows gas

07:46:34 stations, allows gas station sales?

07:46:38 >> Yes, ma'am.

07:46:39 >>MARY MULHERN: And convenience goods?

07:46:41 >>ABBYE FEELEY: Yes, ma'am.

07:46:42 >>MARY MULHERN: And is convenience stores usually sell

07:46:47 alcohol?

07:46:49 Does this...




07:46:53 >> It is nothing to do with alcohol.

07:46:56 >>MARY MULHERN: But is there currently -- that was a

07:46:58 restaurant.

07:46:59 >>ABBYE FEELEY: There is currently a wet zoning on

07:47:04 Giordanos.

07:47:05 But it would be the footprint of that building.

07:47:07 I'm pretty sure it's associated with a restaurant.

07:47:09 So that would not carry a new application.

07:47:14 Yes, that is not part of what's before you this evening.

07:47:16 >>MARY MULHERN: Okay.

07:47:22 >>ABBYE FEELEY: This application or the applicant came and

07:47:24 started some discussion with us concerning getting these

07:47:28 exceptions to the overlay, which had been recently adopted

07:47:32 by City Council, pursuant to direction or request to the

07:47:36 Westshore Alliance to make modifications.

07:47:38 You've had two other applications, if you'll remember, the

07:47:41 container store, which we did at the southwest corner of Boy

07:47:46 Scout and Westshore.

07:47:47 And then also apartments immediately over at chestnut and

07:47:54 Spruce that we recently did as well.

07:47:56 Mike met with the applicants, design exceptions typically

07:48:02 have not been used for setback variances.

07:48:05 Really what's before you tonight was outside of the scope of

07:48:08 what we have used the design exception as a mechanism for in

07:48:11 order to grant exceptions.




07:48:12 And that's why this application is really before you.

07:48:18 I'll let Mike speak to the specifics of the design.

07:48:20 You can see my analysis.

07:48:22 It's hard to talk about, like you just said, compatibility

07:48:25 of use or anything like that because these uses are

07:48:28 permissible under the current zones district.

07:48:31 And if this project had met the overlay straightforward,

07:48:34 they would be in permitting today and probably coming out of

07:48:37 the ground.

07:48:38 So, that is your scope of review this evening and I did want

07:48:41 to bring that tower attention.

07:48:43 I'm available for any questions and I'd like to turn it over

07:48:46 to Mr. Callahan.

07:48:47 Thank you.

07:48:51 >> Thank you, Abbye.

07:48:52 Good evening, Councilmembers, Mike Callahan, good to see you

07:48:55 all again.

07:48:56 Very interesting project.

07:48:57 Redevelopment tonight.

07:48:59 One that I find myself a little bit torn over, as Abbye

07:49:04 said, the applicant proposes to construct, reconstruct a gas

07:49:08 station, convenience store along the Dale Mabry corridor,

07:49:12 within the Westshore overlay.

07:49:15 As she said, and I'm repeating myself, we should've probably

07:49:19 coordinated our presentations here, but the underlying CI




07:49:23 and CG does allow this use.

07:49:24 No question.

07:49:25 But herein lies the rub.

07:49:29 Purpose of the overlay is to distinguish itself.

07:49:31 Distinguish itself with development form that really is more

07:49:35 than just anywhere Tampa.

07:49:37 And so, that's something to consider.

07:49:39 The bottom line is the project is not consistent with the

07:49:43 overlay for some of the reasons that we talked about and now

07:49:46 will talk about.

07:49:49 The standards that you saw and approved a couple months ago,

07:49:54 I guess, now to the applicant's defense, the Westshore

07:50:00 Alliance and staff really never contemplated new gas

07:50:05 stations along -- don't talk about them, totally silent.

07:50:09 So, that's a problem.

07:50:10 That's a problem with the overlay.

07:50:12 By the way, there are three other gas stations within a

07:50:16 quarter mile of the site.

07:50:17 Two of them built in the '90s.

07:50:19 One in the '80s.

07:50:20 When Abbye and I, she started to say, when we first met with

07:50:24 them, they wanted to come in, let's go through the design

07:50:28 exception and be done with it.

07:50:29 Let's go right to permitting.

07:50:30 We felt uncomfortable doing that and said let's go through




07:50:33 the PD process, bring it to count.

07:50:35 The requested waivers speak to the core of the overlay

07:50:39 design standards.

07:50:40 And if I could, just let me talk about them real quickly and

07:50:44 why they are inconsistent.

07:50:46 The Westshore overlay requires that buildings be much closer

07:50:50 to the street.

07:50:52 Initially we asked the applicant, please consider the idea

07:50:55 of flipping the whole site.

07:50:57 Let's put the building -- and I have to say, the building is

07:51:00 very handsome.

07:51:01 Nice looking.

07:51:02 Let's put the building up on the street and gas canopy on

07:51:05 the back.

07:51:05 There are, there's precedent within the organization to do

07:51:10 that but I'm going to let the applicant tell you why they

07:51:12 don't want to do that but they can't, and don't at one time

07:51:16 do that a second option was to create some sort of faux wall

07:51:22 on Dale Mabry.

07:51:24 If I could, I'm going to show on the Elmo.

07:51:30 Believe it or not, there are other communities that have

07:51:37 similar design standards.

07:51:38 And this is in Colonial Boulevard along Orlando.

07:51:41 Where they created a faux wall for a convenience store and

07:51:44 gas station.




07:51:45 We clearly did not want this kind of application on Dale

07:51:49 Mabry.

07:51:49 Required setback for this overlay, for the building is ten

07:51:56 to 20 feet.

07:51:58 As Abbye indicated, the canopy is 57 feet and the actual

07:52:02 retail building is 176.

07:52:04 The overlay requires that 80% of the parking be on the side

07:52:09 or rear of the building.

07:52:11 On this particular scenario, over 60% is in the front of

07:52:16 building.

07:52:19 The overlay requires 24-foot drive aisles and the plan, as I

07:52:23 saw, was 32-foot.

07:52:25 I know Abbye said 26.

07:52:27 It is really 32.

07:52:29 There are other requested waivers that don't really apply to

07:52:31 the --

07:52:34 >>CHARLIE MIRANDA: Excuse me one second, Mr. Suarez?

07:52:36 >>MIKE SUAREZ: Mr. Callahan.

07:52:37 I have a question.

07:52:37 I'm a little bit confused.

07:52:39 You showed that 7-Eleven on Colonial Drive, I'm very

07:52:42 familiar with it.

07:52:43 Been in Orlando many times.

07:52:45 Are you saying that is not what you wanted? Is that what

07:52:49 you requested of the applicant?




07:52:51 >> Well, as we first started working with the applicant --

07:52:56 let's try and get a lot closer to the overlay standards.

07:52:59 That was one of the things that we talked about.

07:53:02 There are some situations the in Orlando --

07:53:05 >>MIKE SUAREZ: Lets me stop you again.

07:53:06 Question is, because it sounded to me, and you know, maybe I

07:53:10 misheard you.

07:53:11 It sounded as you did not want that.

07:53:13 >> Exactly.

07:53:15 >>MIKE SUAREZ: Okay.

07:53:16 You've made a statement earlier that said that you wanted to

07:53:19 flip it and put the, and put the stuff on the back.

07:53:24 >> Two different scenarios.

07:53:26 First scenario --

07:53:28 >>MIKE SUAREZ: Let's talk about what you said.

07:53:29 So I can understand what you're saying here.

07:53:31 Okay.

07:53:32 You're saying that you wanted a wall -- did you say you

07:53:35 wanted a wall?

07:53:36 >> No.

07:53:38 >>MIKE SUAREZ: Okay, that's what I want to get to.

07:53:40 So you don't want a wall.

07:53:41 But you want to flip the design standards.

07:53:44 Why did you show that then?

07:53:46 >> Well, I just wanted to show you, this is the process we




07:53:49 went through and looking at various means and different ways

07:53:52 to try and accommodate the overlay standards.

07:53:56 >>MIKE SUAREZ: Let me stop you again.

07:53:58 Reason I asked is because it seems a bit unfair to compare

07:54:01 them to someone else when that's not what they have here.

07:54:04 I mean, I've been by that place many, many times.

07:54:08 It doesn't look nick like this.

07:54:09 I'm a little bit confused as to why you threw that one out

07:54:13 there.

07:54:14 >> No effort to confuse anybody.

07:54:16 It was just part of the process --

07:54:18 >>MIKE SUAREZ: I know that wasn't your reasoning.

07:54:20 I'm asking you what your reasoning for showing that was?

07:54:24 Because doesn't jive with what you said.

07:54:25 And that's why I'm confused.

07:54:28 >> I apologize if I confused you.

07:54:30 But that was one of the things we initially considered and

07:54:32 we as staff said no, that's not what we want.

07:54:37 >>MIKE SUAREZ: So you initially considered that type of

07:54:38 development that was there on Colonial Drive in Orlando.

07:54:41 >> That's correct.

07:54:43 >>MIKE SUAREZ: And you threw that particular idea out?

07:54:45 >> Right.

07:54:46 >>MIKE SUAREZ: That design they had for 7-Eleven, would have

07:54:49 been consistent with the overlay or not?




07:54:52 >> Yes.

07:54:53 >>MIKE SUAREZ: Thank you.

07:54:54 That's what I wanted to find out.

07:54:56 I got a little bit confused.

07:54:58 I apologize.

07:54:59 >> And I apologize for being confusing.

07:55:03 I must say the applicant promised to work very hard and they

07:55:06 have.

07:55:07 They have gained staff support for the incorporation of very

07:55:10 enhanced design amenities.

07:55:12 Council, they really want to be at the site.

07:55:15 It's very important to them.

07:55:17 We worked with them to create a very amenitized gas station

07:55:22 convenient store.

07:55:22 And it clearly warrants your full consideration.

07:55:26 However, in your consideration, I would ask a couple things

07:55:29 that we add.

07:55:30 And revisions to the plan.

07:55:33 One of them would be that the -- being consistent with the

07:55:39 overlay, let's demolish the five foot sidewalk along the

07:55:43 front and construct a six to ten foot wide sidewalk as per

07:55:47 the overlay requirements for Dale Mabry.

07:55:50 Secondly, let's revise some of the prospective sketches to

07:55:55 accurately depict the landscape hardscape.

07:55:57 I think there's some confusion there, and I'm confident




07:56:01 they're willing to do that I'd also like to see some

07:56:04 additional pilasters that would continue the design idiom

07:56:08 from north, from east to west.

07:56:11 And then lastly, let's submit a detailed landscape plan for

07:56:15 approval prior to final approval and final construction

07:56:20 approval.

07:56:21 The developer's a reputable company.

07:56:24 They do good work.

07:56:25 This is the developer that developed the big blue project,

07:56:29 Blue Cross, Blue Shield on Westshore.

07:56:31 And we kept saying, that's what we want on this site.

07:56:37 But, unfortunately, that's not what we're going to get on

07:56:40 this site.

07:56:42 If it's your wish to approve a gas station, I have to tell

07:56:45 you, you're not going to see many that are this nice.

07:56:53 That's really my presentation.

07:56:55 >>CHARLIE MIRANDA: Thank you.

07:56:56 Any further questions?

07:56:57 Ms. Montelione?

07:56:59 >>LISA MONTELIONE: Mr. Callahan, when you asked about the

07:57:01 landscaping, is that on this revision sheet that we were --

07:57:05 okay?

07:57:06 It's pretty lengthy.

07:57:07 Can you point out which note that is, please?

07:57:13 >>ABBYE FEELEY: I wanted to go through what else is on that




07:57:15 revision sheet because you've only discussed the urban

07:57:18 design stuff.

07:57:19 There is some solid waste things transportation things.

07:57:22 There are still modification that is need to be made and I

07:57:25 believe that given your schedule, since this will not come

07:57:28 back on second reading, till April 5th, that we have four

07:57:32 weeks and typically they would only have two weeks to turn

07:57:34 something around, get it in.

07:57:36 So I think we do have time to discuss that.

07:57:39 On the revision sheet, you'll see the one you're

07:57:47 specifically asking about is bullet number three.

07:57:50 It says staff requested the applicant submit a detailed

07:57:53 landscape plan consistent with the proposed site plan in

07:57:56 between first and second reading of the ordinance.

07:57:58 And I think Mike and I really discussed this.

07:58:00 If we're looking at an alternative and that alternative is

07:58:04 shown in a perspective and shown on a site plan, you know,

07:58:10 the way to really get that to be concrete is to put that

07:58:14 landscape plan in as the missing piece.

07:58:16 Because when this goes to construction services, I'm not

07:58:19 reviewing it.

07:58:20 Mike's not reviewing it.

07:58:22 He will be part of the review process, but really to

07:58:25 translate what is being proposed to you as an alternative

07:58:30 for consideration needs to be attached to this plan and




07:58:34 travel with this plan to -- more detailed extent than would

07:58:38 typically be done because it is above and beyond what

07:58:43 minimum standard is for landscape plan.

07:58:46 So I thought that was the thought process on request.

07:58:50 >>LISA MONTELIONE: And reading that bullet number three, it

07:58:54 has the last sentence of bullet number three, a caveat could

07:58:58 be placed on the plan that final species and alternative

07:59:02 species could be reviewed and approved by urban design

07:59:06 coordinator prior to permitting.

07:59:09 I have a couple concerns about that.

07:59:10 One is that, as you mentioned earlier if it wasn't for them

07:59:13 being located within the Westshore overlay district, they

07:59:16 would already be in construction permitting.

07:59:18 Part of what we are trying to do and part of the desire of

07:59:27 the economic competitiveness committee and of the mayor and

07:59:30 administration, was that we be friendly to, to development

07:59:37 and economic new businesses.

07:59:43 Let me rephrase that.

07:59:44 They have been an establishment in other parts of the

07:59:48 country for a very long time.

07:59:50 This is new to our area.

07:59:54 >> This would be the second in the city.

07:59:56 There is woman under construction right now.

07:59:59 >>LISA MONTELIONE: Yes.

07:59:59 I know.




08:00:00 I know about that one.

08:00:01 It's in my district.

08:00:02 The concern that I have is that, especially with this note,

08:00:08 is that now here's another hoop they have to jump through.

08:00:16 >>ABBYE FEELEY: It wasn't designed that way, if I may

08:00:18 interject.

08:00:19 It was designed so that one, it matches up with the site

08:00:23 plan and the sketches.

08:00:24 And two, that during engineering, should those species

08:00:27 change because the site is now been engineered and something

08:00:30 doesn't fit or protective radius isn't being mete met that

08:00:34 Mike could administratively approve that after this

08:00:38 landscape plan was running with the site plan.

08:00:41 >>LISA MONTELIONE: We in other cases with put, you know, or

08:00:44 an alternative -- not alternative, or an equivalent.

08:00:51 So, if the site plan just stated the detailed landscape

08:00:57 plan, as we're requesting.

08:01:00 Because I agree, that was one of the things I was going to

08:01:02 say.

08:01:03 The renderings look beautiful.

08:01:05 That I'd like to see something that really would tell us

08:01:09 exactly what's going in.

08:01:11 But if we just put on the site plan that equivalent is

08:01:14 acceptable, equivalent is a pretty defined term.

08:01:18 They can't go way outside the box and change the species.




08:01:21 So, I don't want to add another layer of review if we don't

08:01:26 have to.

08:01:28 >> It would only be if there were an alternative.

08:01:31 We're on the same floor, physically.

08:01:35 >>LISA MONTELIONE: Isn't that nice?

08:01:38 >>ABBYE FEELEY: Running it by Mike and saying look, they

08:01:40 need to change out a Magnolia for an elm.

08:01:44 Really --

08:01:45 >>LISA MONTELIONE: I've been through the permitting process

08:01:47 things don't always turn out as intended.

08:01:51 >>ABBYE FEELEY: So can you tell me specifically what you're

08:01:53 recommending instead of what we're recommending so I'm clear

08:01:56 and Mike and I could look at that?

08:02:03 >>LISA MONTELIONE: I'm seeing where you could insert the

08:02:06 word "equivalent."

08:02:09 >>ABBYE FEELEY: Do you want the landscape plan to run with

08:02:11 that?

08:02:12 >>LISA MONTELIONE: Yes, I'm not -- I'm not opposing that

08:02:15 bullet number three.

08:02:17 I'm just asking for instead of could be reviewed and

08:02:23 approved, just that the plan would -- we would accept

08:02:27 equivalent species.

08:02:32 >>ABBYE FEELEY: Okay.

08:02:32 So on the landscape plan, instead of caveat saying go

08:02:37 through alternative review, you would say or an equivalent




08:02:40 species?

08:02:42 >>LISA MONTELIONE: Correct.

08:02:43 >>ABBYE FEELEY: Okay.

08:02:43 I'm sure Mr. Gardner will speak to that.

08:02:51 >>LISA MONTELIONE: I'm just thrilled that they're coming to

08:02:53 our community.

08:02:54 And even more so that these are the same developers who did

08:02:58 the Blue Cross building, because we have an example of

08:03:01 quality there.

08:03:08 >>ABBYE FEELEY: If I may, I did say that there were

08:03:14 modifications that needed to be made to the site plan in

08:03:18 between first and second reading.

08:03:19 Those are on the revision sheets.

08:03:22 Mine are mostly technical.

08:03:23 They did have waivers for setbacks on Carmen and gray.

08:03:27 And there are not setbacks in the overlay district for

08:03:29 Carmen and gray.

08:03:31 So I was having those waivers removed.

08:03:33 Mike's points that he just went over for urban design are on

08:03:38 there concern the sidewalk, concerning the landscape,

08:03:41 ensuring that the sketches and the site plan are consistent.

08:03:45 The pilasters, he talked about.

08:03:48 And you'll see, those would be continuing those down until

08:03:51 the eastern property boundary, an additional three on the

08:03:55 north and the south.




08:03:56 And also that final landscape and hardscape design

08:04:01 associated with the improvement shall be reviewed.

08:04:05 Sounds like you would not want that on there.

08:04:07 But that was a notation that was asked to be added.

08:04:12 Under transportation, there is the mitigation payment that

08:04:16 would be required for the project.

08:04:18 There's a notation for mitigation payment in the amount of

08:04:21 $20,000.

08:04:21 For the project.

08:04:25 Under tree and landscape, I know that Mary was in

08:04:31 conversation with Mr. Kendall today concerning these items.

08:04:34 And they've worked that out.

08:04:37 There's a large tree on the northern part that's being

08:04:39 saved.

08:04:40 There's a couple trees on the eastern part that are being

08:04:42 saved.

08:04:43 In Westshore, you can remover 75% of the trees, which was

08:04:48 another modification under the recently revised overlay.

08:04:51 This plan is at 59% tree removal.

08:04:53 They are going to put in a minimum of ten four inch canopied

08:05:02 trees to restore some of what they are removing on the site

08:05:05 that are currently in those landscape islands.

08:05:08 And also they're going to transplant some additional trees,

08:05:12 so there's some notations needed for the transplanting and

08:05:15 as well, solid waste needs revision made just for the




08:05:20 labeling of the refuse from dumpster and compactor to be

08:05:24 dumpster and Vert-I-Pak enclosure.

08:05:29 Also dimension from the face of the bollards be placed for

08:05:32 the interior wall of the enclosure.

08:05:34 So that's all spelled out on here as well as the revised

08:05:38 tree table that Mary went over with Mr. Kendall this

08:05:42 afternoon.

08:05:43 As previously stated, these revision sheets are generated

08:05:45 completely off of the staff reports.

08:05:47 So, I know that Mr. Gardner was in receipt of the staff

08:05:50 report and has reviewed that.

08:05:55 With staff as well.

08:05:56 Thank you.

08:06:01 >>CHARLIE MIRANDA: Petition are?

08:06:03 >> Truett Gardner, 400 North Tampa Street.

08:06:05 Before we begin with fun stuffer, I'll clear up all the

08:06:08 technical boring stuff.

08:06:09 We are absolutely fine with 100% of the revisions to the

08:06:13 site plan.

08:06:14 As a matter of fact, the site plan right there already

08:06:15 incorporates those revisions, but we were stuck with the

08:06:19 site plan we had to resubmit a couple weeks ago.

08:06:21 So we are absolutely fine with that.

08:06:25 I have the pleasure of being here on behalf of the Wawa as

08:06:27 the tenant and operator of this project.




08:06:30 And then Brightwork, who is going to be the developer and

08:06:33 owner of the project.

08:06:34 Here with me tonight, I have Alex Chopek of Wawa.

08:06:39 Scott Jerrard, and Brad Douglas of Brightwork.

08:06:42 Our project engineering Robin Kendall.

08:06:44 Finally our traffic consultant.

08:06:46 Steve Henry.

08:06:48 There's been a lot already written about Wawa and they're

08:06:52 excited to be here.

08:06:53 They already have their first store underway and making

08:06:57 great progress in Orlando.

08:06:58 And they view this story to be their flagship store in

08:07:03 Tampa.

08:07:04 They're excited and we are excited to be in front of you

08:07:07 tonight.

08:07:07 As Abbye mentioned this is pretty unique rezoning in the

08:07:12 sense it's more about design than it is about zoning.

08:07:14 And that being said, the Westshore overlay district, the

08:07:21 intent is a good one and a noble one.

08:07:23 That is storefronts up to the street, and, but there are

08:07:27 some instances as Mike Callahan mentioned where that isn't

08:07:32 feasible and wasn't necessarily throat through.

08:07:34 Perfect example of that is a gas station.

08:07:37 I'll just share you real quick why.

08:07:39 This is Dale Mabry here.




08:07:46 Gray Street here.

08:07:47 There's a traffic light here.

08:07:48 And Carmen Street here.

08:07:50 If we were -- I'm sorry.

08:07:54 Again, Dale Mabry here.

08:08:23 Carmen Street here.

08:08:24 Gray Street here.

08:08:25 If we were to abide by the Westshore overlay district, what

08:08:29 would happen is, this portion right here, the gas pumps, it

08:08:33 would force those to be in the rear and force the store to

08:08:36 move forward, which sounds good in theory.

08:08:38 But then what you would have is 16 gas pumps immediately

08:08:42 abutting a residential neighborhood behind.

08:08:45 As you can see, that's probably not the best idea.

08:08:49 And then as Mike mentioned before, we technically could have

08:08:55 abided by the Westshore overlay district, by doing the throw

08:09:01 wall in front of, I think what's happened in Orlando is

08:09:04 lawyers have gotten crafty and created to satisfy, but it's

08:09:08 not the result that you want.

08:09:09 And in addition to the 7-Eleven -- it's working now.

08:09:15 In addition to Stephen 11 that Mike showed, this is also on

08:09:18 Colonial Drive.

08:09:19 This is a new Wendy's, where you can see they put their

08:09:22 requirements say you have to have windows and what appears

08:09:25 in an element of a front door.




08:09:27 So they've done that there.

08:09:29 They've connected it with these beams.

08:09:31 That's actually the good view.

08:09:32 This is the view.

08:09:35 [ Laughter ]

08:09:36 >> This is view looking from Wendy's back out to Colonial

08:09:39 Drive.

08:09:40 So that was discussed as the way we could get around this.

08:09:43 And we decided that we did not want to do that and so before

08:09:47 turning things over to Austin Simmons and Alex, what we're

08:09:53 doing and from the very start is, we said we want to seek a

08:09:57 waiver from this.

08:09:59 We need to seek a waiver.

08:10:00 But we want the city to hold us to the highest standard and

08:10:03 we want the best-looking gas station you've ever seen.

08:10:06 I think we have done that and I think you'll like the design

08:10:09 of it.

08:10:10 And then finally, the other positive consequence I think

08:10:14 this design will have, while we have taken our waiver very

08:10:17 seriously, is -- I'll show you three gas stations real

08:10:22 quick.

08:10:23 These are all within several blocks of this location.

08:10:28 This is the BP -- yes, BP immediately to the south.

08:10:31 Traveling north a few blocks, this is the Mobil.

08:10:37 And then traveling just across the street from it, to the




08:10:41 north is a Circle K.

08:10:42 So our hope in this is yes, we are seeking a waiver.

08:10:46 But we think we'll provide a new standard of design

08:10:49 excellence.

08:10:51 And would ask for your support.

08:10:53 >>CHARLIE MIRANDA: Mr. Suarez?

08:10:54 >>MIKE SUAREZ: Okay, thank you, Mr. Chair.

08:10:56 Mr. Gardner, you know when I first read the announcement

08:11:01 about Orlando, about Wawa, you know, and I can't help but

08:11:04 mile every time I say that name.

08:11:06 I apologize.

08:11:07 You check out the web site, and read some articles on it.

08:11:11 It apparently, gas is not really what they sell.

08:11:15 Is that correct?

08:11:15 I mean in terms of what their branding is.

08:11:18 >> That's correct.

08:11:19 If you'd like, Alex show pack is here and he can tell you

08:11:23 exactly, it's food first, gas second, the best way we have

08:11:26 heard it explained, because I still have not been to one, is

08:11:29 that for what Publix is for grocery stores, Wawa is for

08:11:33 convenience stores.

08:11:34 >>MIKE SUAREZ: Well if you want to come up and talk a little

08:11:36 bit about that.

08:11:42 >> Thank you for that opportunity.

08:11:43 I'm Alex Chopek.




08:11:45 I live in Valrico, appreciate the opportunity.

08:11:47 We should start with history.

08:11:51 We have been around a long time.

08:11:52 Over 200 years.

08:11:54 As a matter of fact, we have been around long enough that

08:11:56 someone named Abe Lincoln once worked for this company.

08:11:59 And that's a -- actually, that's a true story.

08:12:04 We like Abe Lincoln.

08:12:08 We actually started out the wood family founded this

08:12:12 business very early part of the 19th century.

08:12:16 And they were merchants in Philadelphia.

08:12:17 They also operated an iron smelting factory in southern New

08:12:22 Jersey.

08:12:23 As the business world changed, in 1903, they opened -- they

08:12:28 actually purchased a dairy in a place called Wawa,

08:12:31 Pennsylvania.

08:12:32 And if you don't know what Wawa means, it's actually the

08:12:35 native American name for the goose.

08:12:37 And that's the name of the place we do business, and that's

08:12:42 the name of our business.

08:12:44 So as the dairy business changed in the mid 1960s, home

08:12:48 delivery of dairy no longer was a viable business model, the

08:12:52 wood family opened a convenience store.

08:12:54 And that store still operates today.

08:12:56 And we started out selling dairy products and cheese and




08:13:00 milk and the things we made in the dairy that still operates

08:13:03 in Pennsylvania.

08:13:04 And as our business changed, people asked us to make

08:13:06 sandwiches and brew coffee.

08:13:08 And we're really all about the food.

08:13:10 Truett talked about food.

08:13:14 That's how we come to Florida.

08:13:16 Not as another convenience store in this market.

08:13:18 We are not what is in this market.

08:13:21 We're entirely different.

08:13:22 We're stores that are 5600 square feet, as you heard

08:13:25 described.

08:13:26 We're all about food.

08:13:27 We have a kitchen in the middle of the store, that's how we

08:13:31 lead the way that kitchen will make a fresh sandwich four

08:13:33 early in the morning, late in the afternoon, whenever you

08:13:36 want it.

08:13:36 We have hot foods.

08:13:39 We have not only great cover, terrific coffee, but we do

08:13:42 speciality beverages, frappuccino, milk shakes.

08:13:48 We bake bread in the store.

08:13:49 This is an entirely different thing.

08:13:54 This is not just hot dogs on a grill.

08:13:56 These stores are also operated by Wawa people.

08:13:59 Wawa business is still owned by the Wood family and




08:14:02 descendants and also the employees of Wawa.

08:14:05 So this store will create 30 to 40 good jobs for residents

08:14:10 of Tampa.

08:14:10 And these are not minimum wage jobs, as you typically see in

08:14:14 some of the other stores in the marketplace.

08:14:16 These are people that get benefits, have an opportunity to

08:14:21 advance, advance all the way up through the company some of

08:14:24 our real estate managers, who are like me, started out in

08:14:28 the store 30 years ago.

08:14:30 And they still work for Wawa.

08:14:31 People stay with this company a very long time.

08:14:35 We're a company of 600 stores right now.

08:14:37 We operate in five states.

08:14:39 Virginia, Pennsylvania, Delaware, and New Jersey.

08:14:43 We are coming here not for any other reason to make this

08:14:50 Wawa land.

08:14:51 That's what this is all about.

08:14:52 We come here with the idea that there's a demand in this

08:14:55 market and we intend to fill that demand in the market.

08:14:58 We intend to be first class neighbors.

08:15:02 We have met with the Oakford Park community association and

08:15:07 talked to them about their concerns.

08:15:10 Austin and myself spent a very pleasant evening talking to

08:15:12 them in the early part of January, about what we're going to

08:15:16 do and how we're going to do it.




08:15:18 But the ongoing commitment is to be a good neighbor to

08:15:20 support local charities.

08:15:22 Local civic organizations, sporting teams, things like that

08:15:26 as a company.

08:15:27 This is a very different company.

08:15:29 We support our associates in a way that I've never seen and

08:15:33 I've worked for some very large companies before coming to

08:15:39 Wawa.

08:15:39 This is going to be our flagship store in.

08:15:47 We intend to make a big investment in the Tampa market.

08:15:49 We believe in the market.

08:15:50 And we believe in this site and we would appreciate your

08:15:53 support.

08:15:55 >>MIKE SUAREZ: Thank you very much for that history of Wawa.

08:15:57 Lincoln -- isn't that the time that he went out of business

08:16:00 as a good salesmen?

08:16:02 I guess maybe wasn't.

08:16:03 >> Well, back in 1838, he actually did the work for us.

08:16:06 Little before he ran for president.

08:16:10 >>MIKE SUAREZ: Thank you so much for that history of the

08:16:11 company.

08:16:12 >> Any questions I can answer in.

08:16:14 >>CHARLIE MIRANDA: I'm sure we all remember when that hand.

08:16:17 [ Laughter ]

08:16:18 >> Some of us do I guess.




08:16:21 >> Austin Simmons is here to talk about the design if you

08:16:26 want to hear it.

08:16:27 I'll leave that to you.

08:16:30 For questions.

08:16:30 It's in your package.

08:16:32 I did want to put up, just in case, some of you are

08:16:35 familiar.

08:16:35 This is one of bright works other projects, also on the

08:16:38 Westshore District.

08:16:40 Immediately across from seasons 52.

08:16:41 And across from the Westshore mall.

08:16:44 So this is the quality that they do and this is the quality

08:16:48 they'll do on this site.

08:16:51 >>CHARLIE MIRANDA: Thank you.

08:16:52 Okay.

08:16:53 Audience portion of this.

08:16:54 Anyone in the audience care to comment on item number 8?

08:16:59 This is public hearing on item 8.

08:17:02 Z12-09.

08:17:03 Place come forward.

08:17:09 >> Good evening, John Riordan.

08:17:11 I'm going to be representing the board of directors from the

08:17:14 northbound neighborhood association.

08:17:15 I have the letter stating that I also have request for

08:17:20 additional one minute.




08:17:22 >>CHARLIE MIRANDA: Have the attorney read the name.

08:17:28 >> Rafael Robin.

08:17:30 Could you please raise your hand?

08:17:33 Thank you.

08:17:33 One additional minute.

08:17:34 >> Our issue with this, it isn't a design issue for the

08:17:37 North Bon Air Neighborhood Association.

08:17:39 We are a single-family residence.

08:17:41 Not multifamily.

08:17:42 Neither is Oakford Park.

08:17:44 We were here because Perkins was closed across the street.

08:17:48 And it's grill 116.

08:17:50 Carrabba's next to it.

08:17:52 Going back to '93.

08:17:55 Notice the parking lot, that is the buffer of the

08:17:57 neighborhood.

08:17:57 It's like that at Perkins, it was for that about the Hops.

08:18:01 This was actually brewery site.

08:18:04 Restaurant was across Gray Street.

08:18:06 Gray Street goes all the way from downtown to Westshore.

08:18:09 Only one stop light at Dale Mabry.

08:18:11 It only runs 7, 8 seconds.

08:18:13 We tried eight years ago to increase that.

08:18:16 It was a nightmare.

08:18:17 Because everybody comes through.




08:18:18 If you get off Kennedy Boulevard, on Oakford Park, you can't

08:18:22 get to cypress.

08:18:23 It's cut off.

08:18:24 Gray Street is the one that will fill up.

08:18:26 That's why that light.

08:18:27 A lot of accidents on it.

08:18:29 This a whole bunch of lighting.

08:18:32 Whether you move the pumps in front, in back.

08:18:35 It's glowing.

08:18:41 20 years now, you've been wanting to do that.

08:18:44 Now we're going to flip-flop and suddenly all the

08:18:47 restaurants that kept ambiance, kept that low lighting in

08:18:51 their parking lots and stuff, now it's going to be ripped

08:18:53 out and glowing.

08:18:55 That's a big issue.

08:18:56 It's very busy from Kennedy to Cypress.

08:18:58 We have gas stations, we have a CVS.

08:19:03 They just took off the turn lanes on Kennedy and Dale Mabry.

08:19:06 If you haven't tried them, they actually work good.

08:19:08 When people come out of South Tampa and MacDill and get

08:19:12 passed Kennedy, everybody starts flying.

08:19:14 Cypress the freeway.

08:19:15 This is too far south.

08:19:16 It's a nice, whether you come down with design, if it's

08:19:19 glowing, it just doesn't work at that corner.




08:19:22 If you go all hours of the night.

08:19:23 Everybody works in Westshore, you showed that shot of the

08:19:28 beautiful Blue Cross, Blue Shield building.

08:19:31 That's not far from gray.

08:19:32 Gray Street runs all the way downtown with this one light

08:19:36 I'm talk about.

08:19:37 Everybody in service industry is loaded with bikes.

08:19:39 It's the only way with Kennedy, Cypress Spruce.

08:19:43 Cypress and spruce you've looked at for future rail.

08:19:46 Gray Street goes part of the armory, over by Armenia and

08:19:51 Howard.

08:19:52 There are know lights there.

08:19:53 This is constant thoroughfare for pedestrians and bicycles.

08:19:57 The reason why the association doesn't want to go with it,

08:19:59 whether you put -- it turns into a parking lot.

08:20:02 When you get into the lighting.

08:20:03 This is just too much.

08:20:05 We have had grill 116.

08:20:07 Donatella.

08:20:08 Village inn.

08:20:10 When this was Hops, we could keep everybody on Kennedy.

08:20:15 I'm not going to use up all the time, which is good, because

08:20:18 it's just too much.

08:20:20 Whether it has a liquor, hops had liquor license, everybody

08:20:23 came out.




08:20:24 Low, low lighting.

08:20:25 This takes all that away.

08:20:27 It turns into a big glow.

08:20:29 This is an active neighborhood that one park just named

08:20:32 after somebody in the neighborhood, will all be glowing now.

08:20:35 As far as traffic coming on to Gray Street, only way you can

08:20:38 go is into the neighborhood.

08:20:40 We have gone through all the steps, can't have any more stop

08:20:43 signs.

08:20:43 All the speed bumps you can have is it.

08:20:45 School buses now used to go on Gray Street.

08:20:48 They have to zigzag through the neighborhood because it's

08:20:50 too rough on them.

08:20:51 So adding this, whole bunch of traffic.

08:20:53 We don't have statistics from TPD, if you want them.

08:20:57 On that intersection, weekly there's accidents.

08:21:01 So would be great to see another restaurants Donatella's is

08:21:05 great.

08:21:06 Giordano's was great.

08:21:08 Wasn't a problem, they had a liquor license as well.

08:21:11 It's the wrong spot.

08:21:12 Sorry, but it's the wrong spot for right where that is.

08:21:15 Thank you.

08:21:18 >>CHARLIE MIRANDA: Commissioner Suarez?

08:21:19 >>MIKE SUAREZ: I just want to make sure, you're saying it's




08:21:21 going to be too much light.

08:21:22 >> No matter what kind of modifying you do, it's just too

08:21:25 huge.

08:21:26 We did this before on Kennedy, where that is right on gray

08:21:29 in there, as you saw in those photos, Hops was the one that

08:21:34 had to do it.

08:21:35 Tall lighting is really, really low.

08:21:37 If you go at night from, Carrabba's across the street, 116,

08:21:42 low, low lighting.

08:21:43 That was the whole deal.

08:21:44 That's been 20 years now.

08:21:46 That just throws that all out.

08:21:48 What about the rest of Kennedy or Dale Mabry there?

08:21:50 Now you're just throwing all that out.

08:21:52 Would be nice to see a restaurant.

08:21:53 Or something that's compatible with what has been there and

08:21:57 one that has worked.

08:21:59 You go right to Cypress, right on the corner, you have a big

08:22:02 gas station.

08:22:03 >>MIKE SUAREZ: I know you understand we can't make a

08:22:05 restaurant go there, obviously, restaurants have not been

08:22:07 very successful there.

08:22:09 And I'm just asking because, you know, right now, you're a

08:22:13 very quiet neighbor because no one's there even when it was

08:22:16 open, our issue was, however you design it, you're, if you




08:22:19 have pumps, you've got lighting, you have canopy.

08:22:23 You have activity.

08:22:24 We do very well with TPD.

08:22:26 We have the lowest crime rates in the sit yes.

08:22:29 And we are right there on Kennedy.

08:22:31 They are on it all the time.

08:22:33 That's bawl because all the residents in the neighborhood

08:22:35 have always stayed on it.

08:22:37 Now they're like freaking out.

08:22:39 We have spent all this time doing it and now you want to

08:22:42 drop a gas station in there.

08:22:44 Which whatever you put, it's not compatible with the rest of

08:22:47 the neighborhood because you have this big old lighting no,

08:22:50 matter how much you change it, that traffic goes into the

08:22:52 neighborhood.

08:22:53 >>MIKE SUAREZ: You know it's already zoned to be allowed to

08:22:56 do that?

08:22:57 >> Correct but while we are in the Westshore overlay --

08:23:02 >>MIKE SUAREZ: Let me stop there.

08:23:03 I just wanted to make sure you understood that.

08:23:06 You understand it is already zoned for this type of use?

08:23:09 >> Correct.

08:23:09 >> It's only the design we are talking about.

08:23:12 >> And we'll fight the design to no end if there's lighting.

08:23:15 And if any change of that light.




08:23:17 You change that from seven to eight seconds.

08:23:19 We went through that years ago.

08:23:21 It was a today.

08:23:22 Everybody pours off Kennedy into the neighborhood.

08:23:26 >>MIKE SUAREZ: Thank you.

08:23:27 >>CHARLIE MIRANDA: Next please?

08:23:32 >> My name is Richard Roberts, 3907 West Gray Street.

08:23:39 You're sitting in my seat.

08:23:41 >>CHARLIE MIRANDA: You want it back, I'll give it to you.

08:23:44 >> Not tonight.

08:23:45 There's a couple issues I'm concerned with with this area.

08:23:48 If they're stating that the gas is secondary, then should it

08:23:54 be called instead of a gas station, grocery store with gas

08:23:57 up front?

08:24:01 There's 16 gas pumps.

08:24:04 That area doesn't -- there's not enough room for 16 gas

08:24:08 pumps.

08:24:09 It's too much for that area.

08:24:11 I know everybody keeps saying it's already zoned for that.

08:24:14 That's fine, great and dandy.

08:24:16 16 is way too much for that the only way to get into that

08:24:21 area is coming off northbound safely.

08:24:25 That's the only way to turn in there.

08:24:26 If you're heading southbound on Dale Mabry, you cannot

08:24:30 safely make a turn onto Carmen against three lanes of




08:24:34 traffic heading north.

08:24:36 And the light.

08:24:38 There is a raised concrete barrier right at that light.

08:24:45 Where the semis that are going to be dropping off the fuel

08:24:47 are going to have to come northbound or have to turn left at

08:24:50 gray going into the neighborhood.

08:24:52 You have residential neighbors right behind the gas station.

08:25:01 If they're content on building it there, make it, scale it

08:25:05 down some.

08:25:05 This is too much for the neighborhood to get involved with

08:25:08 all of this.

08:25:09 The hours of operation, the restaurants a have been there

08:25:15 now, they've closed at a decent hour.

08:25:17 This is going to be all night long, traffic going in and

08:25:20 out.

08:25:21 I can walk out to the end of my driveway, I can see the

08:25:24 light.

08:25:24 There's going to be traffic going in and out all the time, I

08:25:29 will see that.

08:25:30 I can hear semis going up and down all night long on Dale

08:25:34 Mabry.

08:25:34 I've lived in the neighborhood 25 years, think it is now,

08:25:37 and the neighborhood association is, it's old.

08:25:43 It's established.

08:25:43 It's not going anywhere.




08:25:45 I don't know what else to say.

08:25:52 It's too much.

08:25:53 If they want to put a gas station there, and it's already

08:25:56 zoned that, there's nothing we can do about it.

08:25:58 But putting in 16 pumps with a huge grocery store in the

08:26:02 back basically, that's going to be producing like they said,

08:26:06 making bread, making sandwiches, cooking, like I said,

08:26:10 sounds more like it's a grocery store.

08:26:12 We have Publix down the street.

08:26:14 We have Sweetbay up the street.

08:26:16 If I need to go get a sandwich in the middle of the night,

08:26:19 I'm going to go to my kitchen.

08:26:20 Thank you.

08:26:21 >>CHARLIE MIRANDA: Thank you.

08:26:22 Anyone necessary the public here to speak on item number 8?

08:26:26 Z12-08?

08:26:30 >> There were a lot of people registered to speak,

08:26:33 registered before me.

08:26:41 >>CHARLIE MIRANDA: Tell me your name.

08:26:42 >> My name is Ed Tillou.

08:26:45 8108.

08:26:46 >> You're speaking on item number 8.

08:26:48 >> Item number 8.

08:26:49 One of the things that stance out --

08:26:52 >>CHARLIE MIRANDA: Were you sworn in?




08:26:58 [Oath administered by Clerk]

08:27:03 >> Okay.

08:27:04 What leaps out is gasoline station.

08:27:08 16 pumps.

08:27:09 Now, if a house of prostitution was being put there and you

08:27:13 had 16 booths, everybody would be against it.

08:27:17 But 16 gasoline pumps is fine.

08:27:20 Now, here's the thing.

08:27:22 I'm not here in the mornings because I'm taking a course,

08:27:26 energy and sustainability at USF.

08:27:28 I'm in that course.

08:27:30 Instead of being here.

08:27:31 Now, one of the -- my fellow students is a naval officer.

08:27:37 And he gave me the word just the other day, seeing how

08:27:40 concerned I am about this that Iran is going to admit the

08:27:44 nuclear inspectors.

08:27:46 >>CHARLIE MIRANDA: Wait a minute.

08:27:46 We are speaking about 8, not Iran.

08:27:47 >> Okay, we're talking about gasoline.

08:27:50 Now, what goes with it, I worked in the gasoline rationing

08:27:55 of about 30 years ago.

08:27:56 And there were fumes everywhere.

08:27:59 And what I said was, turn off your cars.

08:28:02 So, everybody conformed, except for one guy.

08:28:05 They said if you don't turn your car off, you're not going




08:28:08 to get any gas.

08:28:09 He turned the car off.

08:28:10 The point is, at that time, 25 or 30 years ago, I was a

08:28:15 student at Stanford, there was no alternative.

08:28:18 Now, there is an alternative.

08:28:20 It's called the volt.

08:28:21 In other words, if engineers, the engineers of the country

08:28:24 have worked very hard and they've given a good alternative.

08:28:29 That uses a quarter as much gas.

08:28:31 Half of that gas is because it's more efficient.

08:28:34 And then a quarter of it is electricity, instead of

08:28:37 gasoline.

08:28:37 That means that if they have gas rationing of a gallon a day

08:28:42 or half a gallon a day instead of the two gallon a day that

08:28:46 everyone uses and the Persian Gulf were to be closed, people

08:28:50 could still get to work and things like that.

08:28:52 >>CHARLIE MIRANDA: What does that have to do -- excuse me

08:28:54 for interrupting.

08:28:55 What does that have --

08:28:57 [all talking at once]

08:29:03 >>CHARLIE MIRANDA: You know what it costs? $42,212.

08:29:07 >> I'm talking about the United States backing an ally and

08:29:10 not able to do that because I'm like you in one way.

08:29:13 There's a way in which I'm very different from you.

08:29:15 I'm not in a car.




08:29:17 Most of you are always in a car and you're never

08:29:19 pedestrians.

08:29:20 And therefore, you don't know that Florida is choked on

08:29:23 cars.

08:29:24 Choked on cars.

08:29:25 Well, the whole country is choked on cars.

08:29:29 Now, I ran for City Council.

08:29:30 I ran for City Council in Madison, Wisconsin.

08:29:33 And I know how it is when you run for City Council.

08:29:36 You don't want to offend anyone.

08:29:40 Now, what happens is, nobody's going to offend the motorist.

08:29:44 Especially somebody who's running for president.

08:29:48 That's to say that there's going to be no backing of Israel

08:29:52 because the inevitable result of that is going to be gas

08:29:56 rationing.

08:29:56 So people have got to start thinking alternatives, like the

08:30:01 Chevy volt.

08:30:02 That is a good alternative.

08:30:04 It uses a quarter as much gas.

08:30:06 You shouldn't be thinking about putting more gas stations,

08:30:09 you should be thinking about putting less gas stations.

08:30:12 If Wawa subsidized --

08:30:15 >>CHARLIE MIRANDA: Thank you very much.

08:30:16 Let me tell you that the leaf uses no gas.

08:30:19 And you ain't brought up the leaf.




08:30:21 Next?

08:30:24 Next please?

08:30:24 Anyone else?

08:30:25 Next?

08:30:26 Yes, sir?

08:30:28 You want to talk about the Volt, the Leaf?

08:30:31 Or the zoning?

08:30:33 >> My name's Leonard Rozemby

08:30:42 I own the property just directly east on Carmen Street.

08:30:44 I've seen the plans and the drawings.

08:30:45 I think it's a huge improvement to what we have there now.

08:30:48 The land along Carmen Street there across from the Corvette

08:30:53 spot, shop, was constantly being dumped.

08:30:57 People dump there.

08:30:59 The property's not maintained.

08:31:01 So, I have no objection to it.

08:31:06 In fact, I support it wholeheartedly.

08:31:09 >>CHARLIE MIRANDA: Thank you very much, really appreciate

08:31:10 it.

08:31:10 Anyone else care to speak who has not spoken on item number

08:31:14 8, Z12-09?

08:31:16 Petitioner, you have five minutes for closing statements.

08:31:19 >> I'll be brief.

08:31:19 There are a couple points I want to address.

08:31:21 First is, I did not mention this in my original




08:31:24 presentation, as far as communication, we did reach out.

08:31:27 We had meetings with both the Oakford Park as well as Bon

08:31:31 Air neighborhood associations as well as we spoke to

08:31:34 numerous other residents.

08:31:36 So we did reach out and have had an open door policy there.

08:31:40 Secondly, the gentlemen, both spoke from Bon Air, I just

08:31:44 wanted to clarify, Bon Air is the association west of Dale

08:31:48 Mabry.

08:31:48 So seemed like their concern was the lighting on Dale Mabry,

08:31:52 but if you were to abide by their wishes, what would happen

08:31:54 is you would have the lighting in the rear facing the

08:31:57 Oakford Park neighborhood association immediately abutting

08:32:00 the residential uses.

08:32:02 I don't feel like that would be the appropriate treatment

08:32:04 for it.

08:32:05 Also, the other with, respect to light, times have changed.

08:32:11 Code has changed.

08:32:13 And developers have changed.

08:32:14 The light that we're proposing is environmentally friendly

08:32:18 LED lighting.

08:32:19 Across the board.

08:32:22 And all the lighting will be required to remain on the site,

08:32:25 so there will be no bleeding over.

08:32:26 Then, to the gentleman mentioned this is just too large.

08:32:30 I wanted to put this in perspective.




08:32:33 The site is 1.85 acres, which is 80,586 square feet.

08:32:38 Current zoning allows an F.A.R. of one.

08:32:41 So you are allowed 80,586 square feet of development.

08:32:45 What we're proposing is 6,000 square feet versus 80,500

08:32:49 square feet.

08:32:50 And then finally, we'll be more than happy to condition that

08:32:53 we will not have any prostitution booths.

08:32:55 [ Laughter ]

08:32:56 And with that, we'd respectfully ask for your favorable view

08:33:02 of this petition.

08:33:07 >>CHARLIE MIRANDA: Abbye?

08:33:09 >>ABBYE FEELEY: Mr. Miranda, I'm sorry.

08:33:11 I found one error.

08:33:12 Mike had pointed out that the drive aisle is at 32 feet.

08:33:15 I have the waiver from 24 to 26.

08:33:18 If I could just add to my thing the change that to be 32 to

08:33:21 take care of that.

08:33:23 Just want to clear that for the record.

08:33:26 >>CHARLIE MIRANDA: Petitioner, you understand that

08:33:27 conversation?

08:33:28 >> I do, and to clarify that even further, we're not asking

08:33:30 for 32 feet width across the board.

08:33:32 It's only one of the drive aisles.

08:33:38 Two front drive aisles.

08:33:39 >> It's where the truck maneuvers around the site.




08:33:44 >>CHARLIE MIRANDA: Okay.

08:33:44 I think this case has been heard.

08:33:46 Both sides have spoken.

08:33:47 We have had the rebuttal.

08:33:49 I need a motion to close.

08:33:52 >> Second.

08:33:53 >>CHARLIE MIRANDA: Excuse me.

08:33:55 >>MARY MULHERN: Sorry, Abbye, one question.

08:33:56 I stepped out for a little bit.

08:33:59 Did they agree to all the site plan revisions?

08:34:03 >>ABBYE FEELEY: Yes.

08:34:04 >>MARY MULHERN: Everything?

08:34:05 Okay.

08:34:06 Seminole have a motion to close by Ms. Montelione, second by

08:34:12 Mr. Suarez.

08:34:13 All in favor of the motion to close made by Ms. Montelione,

08:34:16 second by Mr. Suarez, please indicate by saying aye.

08:34:19 Opposed nay.

08:34:21 The ayes have it unanimously.

08:34:21 I think it goes to Mr. Suarez.

08:34:26 >>MIKE SUAREZ: Thank you, chair, I move an ordinance being

08:34:28 presented for first reading consideration, an ordinance

08:34:30 rezoning property in the general vicinity of 401 and 415

08:34:34 north Dale Mabry highway, and 3712, 37 14, and 3716 West

08:34:40 Carmen Street, in the City of Tampa, Florida and more




08:34:43 particularly described in section 1, from zoning district

08:34:47 classifications, CG, commercial general, and CI, commercial

08:34:51 intensive to PD, planned development, retail sales, gasoline

08:34:54 and convenience goods and all commercial general uses,

08:34:58 providing an effective date.

08:34:58 And including the revision sheet as presented by Ms. Feeley

08:35:03 and with other revisions as she has verbally presented to us

08:35:08 tonight.

08:35:08 >> Second.

08:35:09 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, have a

08:35:11 second by Mr. Cohen.

08:35:12 Any further discussion by Councilmembers?

08:35:15 All in favor of the motion, please indicate by saying aye.

08:35:16 Opposed nay?

08:35:21 Motion passes 5-

08:35:22 >> Motion carried with Capin being absent and Montelione

08:35:25 being absent.

08:35:26 Second reading and adoption will be April 5th at 9:30 a.m.

08:35:30 >>CHARLIE MIRANDA: Thank you very much.

08:35:30 We go to item number 9.

08:35:38 >>CHARLIE MIRANDA: We're going to take about a three minute

08:35:40 break.

08:35:41 And we'll be right back.

08:35:42 >>CHARLIE MIRANDA: City Council is called back in session.

08:45:38 Roll call?




08:45:40 [Roll Call]

08:45:41 >>MIKE SUAREZ: Here.

08:45:43 >>FRANK REDDICK: Here.

08:45:45 >>MARY MULHERN: Here Cohen here.

08:45:48 >>CHARLIE MIRANDA: Heard.

08:45:49 >>CHARLIE MIRANDA: This the item 9, Z12-16.

08:45:55 >> Good evening, Council, Abbye Feeley, Land Development

08:45:57 Coordination.

08:45:58 The final item on your agenda this evening is Z12-16.

08:46:02 The request before you this evening located at 10922, 10948

08:46:10 North Central Avenue and 404 east 109th avenue is a request

08:46:14 from RS-50 residential single-family to RM-24, residential

08:46:19 multifamily.

08:46:21 To construct -- I'm sorry.

08:46:24 For a school.

08:46:25 This is a Euclidian zoning request.

08:46:30 There are no waivers associated with this.

08:46:32 Nor are there any site plans.

08:46:34 This is not a site plan controlled district.

08:46:37 This is the Euclidian district.

08:46:39 Has a set of standards that run with that district and has a

08:46:42 set of permissible use that is run with that district.

08:46:45 And that is the request before you this evening.

08:46:50 I will defer to Mr. Garcia and then I'll finish my

08:46:53 presentation.




08:46:53 Thank you.

08:47:03 >>TONY GARCIA: Good evening once again, members of Council.

08:47:05 Tony Garcia, Planning Commission staff.

08:47:07 I have been sworn in.

08:47:08 Your final agenda item this evening is located in the

08:47:12 university planning district as you can see.

08:47:15 The map here, the site is located right around this area,

08:47:21 just within inside the boundaries, not just of the

08:47:24 University District but also within the boundaries of the

08:47:27 City of Tampa city limits.

08:47:29 Just to the south, as you can see there.

08:47:31 Let me go ahead and offer you the future land use map.

08:47:35 The site does have a land use designation of R 35, which

08:47:39 allows consideration of the proposed request for the RM-24

08:47:43 zoning district, which does allow for consideration of the

08:47:47 charter school as Ms. Feeley has already stated to you.

08:47:51 Adjacent uses, you have community mixed use 35 to the north.

08:47:54 You have a residential ten to the west.

08:47:57 Which is a cul-de-sac, single-family detached residential

08:48:01 development that exists.

08:48:02 And then you have Florida avenue to the west, which is a

08:48:05 north-south commercial corridor, reflected by the community

08:48:09 commercial 35 land use designation, which allows commercial

08:48:14 intensive.

08:48:15 General commercial and neighborhood commercial serving uses.




08:48:18 Directly to the east of the site is the interstate.

08:48:21 Directly abuts the interstate.

08:48:23 Only thing between that and the interstate is central

08:48:25 avenue.

08:48:26 Which I believe is going to be the major ingress, egress

08:48:29 point for this site.

08:48:30 But I'll let Ms. Feeley get into the particulars of the

08:48:33 site.

08:48:34 Request is, these type of community serving uses are allowed

08:48:40 in all residential use categories.

08:48:41 Planning Commission found the proposed request consistent

08:48:44 with the comprehensive plan.

08:48:45 Thank you.

08:48:51 >>ABBYE FEELEY: Thanks, Tony.

08:48:53 The application before you tonight, to rezone from RS-50

08:48:58 residential single-family to RM-24.

08:49:01 I'll give you a little bit of background on this.

08:49:04 People come to the zoning department all the time to get

08:49:07 counseling on how to make certain things happen on their

08:49:10 property.

08:49:10 And I was approached for preapplication on this property to

08:49:15 discuss the potential relocation of the Brooks DeBartolo

08:49:20 charter school from Fowler avenue to this site.

08:49:24 Did I the research on the property.

08:49:25 It currently has a special use for a church, with an




08:49:30 accessory school use on there.

08:49:35 But my first reaction, which it often, to do another special

08:49:42 use, which would allow for a church.

08:49:46 Special use is a site plan controlled process, as you well

08:49:50 know.

08:49:51 We have done several of them tonight.

08:49:52 It does take 90 to 120 days to get through that process.

08:49:56 And when I first counseled Ms. Grimes and her applicant, I

08:50:00 said that's the way we should do this.

08:50:02 I thought about it a little further after our meeting and I

08:50:05 said you know, there are districts in which schools are

08:50:08 permissible uses and given that it's their desire to be

08:50:13 operational at this site, come August, time was not on our

08:50:17 side as far as 90 to 120 days to run this through a site

08:50:22 plan-controlled special use process.

08:50:24 That's part of how we got to the Euclidian request which is

08:50:27 before you tonight.

08:50:28 A school is an allowable use in the RN 12, RM-24, RM-36

08:50:34 district.

08:50:35 So, I, as counseled them and said here's an alternative to

08:50:40 going through a site plan controlled process, you could go

08:50:43 through an Euclidian process which that use would be a

08:50:46 permissible use.

08:50:47 I do not believe and Ms. Grimes can attest, when she makes

08:50:51 her presentation, that there is any desire to construct




08:50:55 anything new at the present time.

08:50:57 They're going to use the existing structures that are out

08:50:59 there.

08:51:00 I believe there's a reason nation, maybe a small

08:51:02 modification to one of the existing structures.

08:51:05 But I'll go ahead and show you what's out there today.

08:51:07 I believe it's their desire to use that facility.

08:51:10 And to, and shift or relocate the school from its current

08:51:15 location on Fowler to this site.

08:51:16 And that is the request before you.

08:51:18 I do state that it does Mead all of the RM-24 standards.

08:51:23 Those are in your staff report.

08:51:24 Being RM-24, it could allow for other use, Rs, multifamily

08:51:29 use later down the road.

08:51:31 I don't know.

08:51:31 I can only go based on what the application is before me.

08:51:34 And the application was for a school.

08:51:36 Here's the property, shown in green.

08:51:44 As Tony stated to you, Central Avenue to the east, 109th to

08:51:49 the south.

08:51:51 Florida just over to your west, and Fowler is up to the

08:51:55 north.

08:51:55 It's not shown here.

08:51:57 There's CG immediately adjacent to this property to the

08:52:01 north.




08:52:01 It is a two-way, central is two way here until you reach

08:52:05 this point at the northern apex of the property, in which it

08:52:08 is a one-way south from Fowler on here.

08:52:12 So once get there, you can't continue north.

08:52:14 The access currently is on central, and there's several

08:52:18 parking lots and -- I'll show you that as well.

08:52:21 There is a multiuse building and then there is the sanctuary

08:52:28 building.

08:52:29 There's a playground up to the north area here, and several

08:52:32 parking lots to accommodate parking of the property.

08:52:36 This property would be subject to a change of use through

08:52:44 the permitting process, in order to legally establish the

08:52:48 school use on the property and be subject to those codes

08:52:52 applicable at that time.

08:52:53 What I'm going to do, I'm going to show you the very large

08:52:57 site, it's over eight acres.

08:52:58 So what I'm going to do is my photos start here at the

08:53:02 southern end and travel up.

08:53:04 And then I'll come back around and come down on the southern

08:53:08 side and travel west.

08:53:10 There are two single-family structures that exist on the

08:53:19 property.

08:53:20 And were part of the special use.

08:53:21 This is at that southeast corner.

08:53:26 And now we're going to head north on central.




08:53:32 This is the multiuse building, I believe it has some

08:53:37 gymnasium components inside.

08:53:40 This is the northern facade of that building, I have a

08:53:46 closeup of that and the parking immediately adjacent.

08:53:49 This is the main sanctuary building.

08:54:02 This connects on.

08:54:05 This is the parking area to the north of that.

08:54:08 The playground, I'm still traveling north.

08:54:11 Very long site.

08:54:12 More parking.

08:54:15 Allstate homes is the commercial use immediately adjacent to

08:54:18 the north.

08:54:19 Here's that apex I discussed with you, where southbound

08:54:22 traffic is a one-way, until you get to this point and then

08:54:25 it does become two way on central.

08:54:27 This is looking south on central with the interstate off to

08:54:30 the east.

08:54:31 And the subject property to the west.

08:54:34 This is 109th immediately adjacent.

08:54:46 And this is moving -- shoot, I think I got out of order.

08:54:50 Moving west on 109th.

08:54:52 As Tony showed you and was on this you'll see there's one,

08:55:00 sportsman nor subdivision is a cul-de-sac that goes in

08:55:03 that's a single-family.

08:55:05 I showed the one house here and one here.




08:55:07 And then Florida avenue, the commercial on Florida picks up

08:55:10 from there.

08:55:11 Given that this request does meet the minimum standards of

08:55:19 the RM-24 use, staff did find it consistent.

08:55:23 There is no site plan no, conditions, no waivers.

08:55:27 It is that the standards must be met and that all codes,

08:55:32 applicable codes be met at the time change of use.

08:55:35 Thank you.

08:55:53 >> Good evening, Councilmembers, Gina Grimes with the law

08:55:55 firm of Phil, Ward and Henderson.

08:55:59 108 East Kennedy Boulevard and I've been sworn.

08:56:01 I'm here before you tonight representing DeBartolo

08:56:07 development.

08:56:07 You heard a presentation by Ms. Feeley.

08:56:12 She is correct, the proposed use of the site is the Brooks

08:56:15 DeBartolo Collegiate High School.

08:56:19 Just to give you a little bit of background on this school,

08:56:23 because I think it's important.

08:56:24 It was found five years ago, one of the first charter

08:56:27 schools in Hillsborough County.

08:56:28 It's been in existence for five years and has a really

08:56:33 excellent track record.

08:56:34 In fact, it's only -- it's one of eight high schools in

08:56:37 Hillsborough County with an A grade this year and one of 140

08:56:43 high schools across the state of Florida with an A grade.




08:56:46 So they have an excellent track record.

08:56:49 Last June, 2011, was when they had their first graduating

08:56:53 class, when they had their first freshmen class made it all

08:56:58 the way through and actually graduated.

08:57:00 They had their first graduating class and first set of

08:57:02 alumni.

08:57:04 What they're seeking to do right now is move the existing

08:57:07 school from 15th street, about a mile -- 1.2 miles to the

08:57:14 west on Central Avenue.

08:57:15 And in your package of materials, I've included, I've

08:57:21 included, it's a Mapquest, just showing you the short

08:57:24 distance that they're proposing to move this school.

08:57:26 The school is unique, not only because it was one of the

08:57:30 first charter schools in the counties, but it's also unique

08:57:34 because of its mission.

08:57:35 And its mission is to work with and to assist and facilitate

08:57:39 students that might not otherwise be integrated into college

08:57:43 and be successful into college.

08:57:45 So it's unique from that standpoint.

08:57:48 That is their fog cuts.

08:57:49 It's also unique for another reason and that plays about

08:57:54 what we're here for tonight.

08:57:56 And that's the level of private funding that this charter

08:57:59 school has.

08:57:59 That makes it different from a lot of the other charter




08:58:02 schools that rely on solely on public funding in order to

08:58:05 operate.

08:58:05 In fact, the DeBartolo family charity -- I'm sorry, the

08:58:10 Brooks DeBartolo charities, Inc., has acquired the

08:58:16 property.

08:58:17 Have spent close to $8 million acquiring this piece of

08:58:19 property already.

08:58:21 They are willing to invest approximately $4.5 million more

08:58:26 into this property if this rezoning is approved.

08:58:29 And you have the boards up here tonight to show you the

08:58:34 existing conditions and what's proposed this.

08:58:36 Is the long-term plan.

08:58:37 The site plan that's in your package of materials, listed

08:58:42 tab 4, is actually page one of the site plan.

08:58:46 Phase one of the overall master plan.

08:58:49 On this board right here, to your right, I think is probably

08:58:53 the best board the look at because it shows you existing

08:58:57 conditions.

08:58:59 In an aerial format.

08:59:00 And then the lower, the lower picture gives you an idea of

08:59:06 what will be built on the site once the master plan is built

08:59:14 out.

08:59:14 I think it's important to go through just briefly the

08:59:21 process for selection of this site.

08:59:23 Obviously, one of the reasons this site was selected was




08:59:26 close proximity to the existing school.

08:59:28 Another reason it was selected, it's on the periphery of the

08:59:35 neighborhood and next to the interstate.

08:59:38 Also very large site which will accommodate the eventual

08:59:41 buildout of the master plan.

08:59:43 One of the most important reasons they chose this site is

08:59:45 because it already has an existing charter school on it.

08:59:48 The community charter school of excellence, already exists

08:59:52 on this site and existed on this site for some time.

08:59:55 They're K through 5 and 6 through 8.

08:59:58 They have about 362 students at this school.

09:00:02 When DeBartolo development and Brooks DeBartolo high

09:00:06 school were evaluating sites, one of the reasons they looked

09:00:09 at this site, it was understood, that the site what

09:00:13 accommodate another charter school because there was one

09:00:15 there already.

09:00:16 That's when Abbye mentioned they met with her and she did

09:00:19 the research, the zoning history, the special use approval

09:00:22 for this site only allowed a church.

09:00:24 It did not allow a school, even though a school was already

09:00:27 operating on that site.

09:00:28 There's two buildings on the site.

09:00:31 A northern building and southern building.

09:00:32 The northern building is the one where the community charter

09:00:35 school currently exists.




09:00:36 It's the southern building where the Brooks DeBartolo

09:00:40 collegiate high school intends to locate.

09:00:42 So it would be an expansion of an existing charter school

09:00:45 site, with two charter schools at least in phase one of the

09:00:47 construction.

09:00:48 Also, before -- the last use in the southern building was

09:00:55 the university church of God.

09:00:57 Before that it was Brorein academy.

09:01:01 So it was previously a school in this very same building on

09:01:04 this silent.

09:01:05 So again, notwithstanding the RS-50 designation and

09:01:10 limitation on the special use as a church, they decided to

09:01:14 proceed with the rezoning for the RM-24 because it was the

09:01:18 most expeditious.

09:01:20 I'm concerned because I know there are neighbors here and

09:01:23 I've talked to most of them, if not you'll of them about,

09:01:26 their concern, about the RM-24 designation.

09:01:28 I'll address that in a little bit.

09:01:30 But I can assure you the only reason that designation was

09:01:33 chosen was because of the, our ability to get through the

09:01:37 permitting process as quickly as possible.

09:01:40 >>CHARLIE MIRANDA: Ms. Mulhern has a question.

09:01:42 >>MARY MULHERN: Why didn't you just ask for a PD?

09:01:44 >> Because of the time it would take to go through the PD

09:01:47 process.




09:01:47 If you filed a PD today, you wouldn't go to hearing until

09:01:51 June.

09:01:51 July.

09:01:54 That was the reason and that was it alone.

09:02:02 It's so important to emphasize that the use on this site is

09:02:05 not changing.

09:02:06 It's a charter school there now.

09:02:07 And there will be a charter school there in the future.

09:02:10 Even though the use is not changing, site's going to change

09:02:16 and it's going to change for the better.

09:02:19 There will be extensive improvements on this site.

09:02:23 First of all, there is a buffer, an existing buffer on the

09:02:28 western side of the property, of several mature trees.

09:02:32 Here's a picture of that buffer.

09:02:34 And this is looking north on the property, along the western

09:02:38 boundary.

09:02:39 And then looking south on the property along the western

09:02:41 boundary.

09:02:42 Not only are all those trees going to be retained, but that

09:02:46 landscaping there is going to be enhanced.

09:02:48 You can see some of it on the site plan.

09:02:50 In addition to that, because it's a school, and here are

09:02:54 some pictures of what you have out there now, along Central

09:02:58 Avenue.

09:02:58 You have a site that's approximately 1300 linear feet.




09:03:03 That's looking -- in the middle of the site, that's looking

09:03:06 north.

09:03:06 This is from the southern end of the site looking north.

09:03:09 And this is from the northern end of the site looking south.

09:03:15 There's no sidewalk.

09:03:16 Never has been.

09:03:17 Even though there's a school there now.

09:03:19 At this initial time, I saw children walking up and down the

09:03:23 side of the road there.

09:03:24 The developer is committed to putting in a 1300 linear foot

09:03:30 sidewalk on that site.

09:03:31 That's a huge improvement.

09:03:32 I don't think they would be obligated to do that under the

09:03:35 city's permitting requirements, but they've committed to it.

09:03:39 They will also reduce the pavement.

09:03:41 As you can snow this picture right here, from what's

09:03:45 existing to what's proposed, you can see much of the

09:03:48 pavement is going to be removed, in addition, these houses

09:03:51 to the south, these two single-family homes on the site,

09:03:54 they're hard to see because of the trees, they also will be

09:03:56 removed, which I think would address some of the neighbors

09:04:00 concerns.

09:04:00 They had a concern there were transients living in those

09:04:03 houses and they were given permission to live there by the

09:04:06 church.




09:04:07 But those houses would be demolished.

09:04:09 That whole area would be retained as green space.

09:04:11 But along the western boundary of the site, you can see the

09:04:15 addition of landscaping, green space and removal of the

09:04:18 pavement.

09:04:19 Notwithstanding all that, they're also intending on adding

09:04:23 retention to the area by installation of a pond.

09:04:27 And I believe it's also on one of the these site plans.

09:04:31 The last thing they're willing to do is queuing analysis.

09:04:35 Right now, there's lack of enforcement with the community

09:04:38 charter school of excellence.

09:04:39 When parents come to pick up, they tend to wind up on

09:04:43 Central Avenue and there needs to be better enforcement.

09:04:46 There's more than ample room on this eight and a half acre

09:04:49 site for the parents to queue on-site and to get off at

09:04:53 Cypress.

09:04:53 A much safer situation.

09:04:55 You can see in the eventual master plan, there's designated

09:05:01 lanes for queuing off the site.

09:05:03 The neighbors' concerns.

09:05:06 As I said, I talked to most of the neighbors.

09:05:09 Their biggest concern is the fact it's RM-24 zoning and not

09:05:13 limited to a collegiate charter school.

09:05:15 At this point, I explained to them, they're correct in that

09:05:20 understanding.




09:05:21 It is an RM-24 zoning.

09:05:24 I cannot tell them that multifamily cannot be developed on

09:05:27 this site.

09:05:28 However, the Brooks DeBartolo charities already own it is

09:05:35 site.

09:05:35 They made it an $8 million investment in the site.

09:05:39 They're not going to develop it for multifamily housing.

09:05:43 This is not speculative rezoning.

09:05:45 Like a lot of times, we have a client under contract that

09:05:48 hasn't yet acquired it.

09:05:49 They ask you to rezone it but you don't know if ever going

09:05:53 to close on that project and build it.

09:05:56 Here you have that certainly.

09:05:57 Tough Brooks DeBartolo family and the charity that own it

09:05:59 is school.

09:06:00 Their vacating their existing premises.

09:06:02 They have to have a place to go.

09:06:04 I think it's about as certain as you can get.

09:06:07 Other issue is, as far as multifamily, is that, this site is

09:06:11 just -- with the price that was paid for the property, it's

09:06:14 just not viable to build multifamily here.

09:06:17 And last is that even if the Brooks DeBartolo school

09:06:21 wasn't going here, the staff has told you this is an

09:06:24 appropriate location for RM-24 multifamily zoning.

09:06:27 It's next to the interstate.




09:06:28 You face the interstate.

09:06:29 It was probably zoned RS-50 before the interstate was built

09:06:34 and widened to extent it is now.

09:06:36 But you have commercial to the north and you have commercial

09:06:42 across from the existing residential subdivision that abuts

09:06:45 the property.

09:06:46 You have a substantial amount of commercial to the west.

09:06:49 So, notwithstanding what the proposed uses of the property,

09:06:52 this is an appropriate location for the RM-24 zoning.

09:06:55 I also have with me this evening the vice-president of

09:06:59 construction from DeBartolo development.

09:07:01 I have the project manager from DeBartolo development and

09:07:04 we also have the project architect.

09:07:07 If you have any questions about any of the design issues.

09:07:09 >>CHARLIE MIRANDA: Any questions at this time by

09:07:10 Councilmembers?

09:07:14 Mr. Suarez?

09:07:14 Then Ms. Montelione.

09:07:17 >>MIKE SUAREZ: Mr. Franklin, when the queuing study going to

09:07:19 be done for the stacking purposes in terms of dropoff and

09:07:24 pick up?

09:07:25 >> It will be done at the time of submission of the plan.

09:07:28 Had this been a site plan controlled rezoning, we would have

09:07:31 done it now.

09:07:31 But it will be done at the time of submission of the plan.




09:07:34 One other thing I want to mention that brings it up.

09:07:37 Is that one of the reasons timing is so critical.

09:07:41 I'm not sure if you all are aware, maybe you are.

09:07:43 But March 15th is the deadline date for all the building

09:07:47 codes to change.

09:07:48 I wouldn't want to be down at the CFD the next couple weeks,

09:07:53 because there's a huge rush for everybody contemplating any

09:07:56 project to get their project application in before that

09:07:58 time.

09:07:59 So that's another timing issue that we're trying to deal

09:08:04 with and to accommodate.

09:08:07 >>MIKE SUAREZ: Understood.

09:08:08 The Brooks DeBartolo charter school, how many students are

09:08:13 in it now?

09:08:14 How many do they expect be in it next year?

09:08:18 >> Right now, they have approximately 270 some students.

09:08:23 Say 300.

09:08:24 Let's rounded it up to 300.

09:08:28 Grades 9 through 12, that's about 75 students per grade.

09:08:31 By their charter, that's approved by the Hillsborough County

09:08:34 school boards, maximum capacity is 500.

09:08:37 Which would be about 125 per grade level.

09:08:41 >>MIKE SUAREZ: And the other charter school is going to

09:08:44 still be operating, correct?

09:08:46 >> It's going to be operating in the short-term.




09:08:47 Maybe not in the long-term.

09:08:49 Right now it has 300 students.

09:08:50 So you're talking about 600 students on an eight and a half

09:08:53 acre site.

09:08:55 >>MIKE SUAREZ: I've got actually closer to 700, because I

09:08:57 think 395 and the first one.

09:09:00 >> 363 on the first one.

09:09:02 And 271, about -- it's about, between 650, 700.

09:09:09 >>MIKE SUAREZ: And is Brooks DeBartolo charities buying

09:09:11 all the property and allowing the other charter school to

09:09:14 remain there?

09:09:15 >> Yes.

09:09:16 They're under a lease, correct.

09:09:20 >>MIKE SUAREZ: In terms of the queuing that occurs now, with

09:09:24 the school, do they primarily come through central only and

09:09:28 stack up there in order to come in and out?

09:09:32 Do they come back around?

09:09:34 >> What I saw happen, at dismissal time, was --

09:09:39 >>MIKE SUAREZ: Let me rephrase.

09:09:40 Hang on a second left.

09:09:41 Me rephrase that have you all studied the current pattern,

09:09:45 have you done any traffic study on the current pattern

09:09:50 that's there as opposed to what you are going to change it

09:09:54 to?

09:09:54 >> I haven't done a traffic study.




09:09:58 >>MIKE SUAREZ: So there's been no traffic study for Durant

09:10:00 uses.

09:10:01 >> Correct.

09:10:02 >>MIKE SUAREZ: Okay.

09:10:05 The issue I'm trying to get at is, we're going to

09:10:10 essentially almost double what the capacity is and number of

09:10:15 students there.

09:10:16 You're going to have nine to 12 grade for the DeBartolo,

09:10:21 Brooks DeBartolo school, plus the other academy.

09:10:23 And you know, we have seen that, queuing can be very

09:10:28 dangerous.

09:10:28 I understand that, and I applaud the fact that as the

09:10:32 development is going to add sidewalks, which is badly needed

09:10:36 in this area, obviously from, the photographs.

09:10:38 But, what kind of impact is it going to have on the

09:10:42 neighborhood in terms of the queuing and the cars?

09:10:45 That's the biggest issue I have.

09:10:47 >> All the queuing will occur off of central because right

09:10:51 now it's occurring on central.

09:10:53 Let me go back to the overall enrollment.

09:10:56 When the Brooks DeBartolo master plan is built out, there

09:11:02 will be a 500 student cap on it.

09:11:04 That's what their existing charter says right now, 500

09:11:07 students.

09:11:08 >>MIKE SUAREZ: I understand that.




09:11:09 That was not my question.

09:11:11 >> Eventually there will only be five hundred.

09:11:14 >>MIKE SUAREZ: That's not my question.

09:11:16 It's what the existing use is as opposed to what the future

09:11:18 use.

09:11:19 Obviously we won't R don't want to get into that, once it's

09:11:22 zoned this way, you guys are going to follow the charter.

09:11:25 You know, and the other aspect of it, because the other

09:11:30 academy does not offer high school, or does it?

09:11:32 >> No.

09:11:33 >>MIKE SUAREZ: Is, you know, is there any contemplation in

09:11:36 terms of drivers who are students that are going to be there

09:11:39 in terms of spaces, other things?

09:11:42 Again, we're not diving too deep into this.

09:11:46 I'm just curious about that, to find out.

09:11:49 I'm going to ask our architect to address that point.

09:11:54 >> Eddie Mastalerz, principal of ARC3 Architecture out of

09:11:56 St. Petersburg, Florida.

09:11:59 Just to answer the question real quick, we have -- there's

09:12:00 currently over 1500 people at the church.

09:12:05 >>MIKE SUAREZ: Could you repeat that?

09:12:06 >> 1500 parishioners.

09:12:08 So the numbers on the overall total is about what we're

09:12:11 looking for parking is a dramatic decrease.

09:12:13 By code, you're required point 19 parking spaces per




09:12:19 student.

09:12:20 At 500 student capacity, we're hovering right around 100

09:12:25 parking space needs for students.

09:12:26 Our objective in the short-term, and I do recognize this is

09:12:29 a lease that's currently only scheduled through June of

09:12:32 2013, that two schools will be on this site.

09:12:36 But this is for -- we have accommodated the student parking,

09:12:40 if I may.

09:12:41 I apologize.

09:13:13 The graphics that you're seeing is the master plan, which

09:13:23 would encompass only Brooks DeBartolo Collegiate High

09:13:26 School on that site.

09:13:28 Currently running two.

09:13:30 This parking scenario in the front section of, between the

09:13:32 two buildings is where we would be able to accommodate

09:13:35 student parking, teacher parking along the south and have

09:13:38 queuing distance of over 650 linear feet for a pickup

09:13:42 location here.

09:13:42 By comparison of what's there, we're taking out --

09:13:46 >>MIKE SUAREZ: Interrupt for just a second.

09:13:47 You mentioned 650 linear feet.

09:13:49 What does that translate into vehicles on an average?

09:13:52 Do you know?

09:13:54 >> 20 linear feet per vehicle.

09:13:56 So it's going to be about 35 to 40.




09:13:58 Target capacity is statistically around 10% of enrollment.

09:14:03 We are hovering right around that right there.

09:14:06 And again this is something that we're still going to be

09:14:08 working with the city on.

09:14:10 >>MIKE SUAREZ: I understand.

09:14:11 >> The objective is to be able to bring the teacher parking

09:14:14 towards the west parking, have student parking in between

09:14:16 the two buildings and have that queuing distance here.

09:14:20 All the parking to the north of the existing sanctuary is

09:14:22 more than triple of the needs of the capacity of what the

09:14:25 existing charter school.

09:14:26 So we're well over what we need for parking due to the needs

09:14:29 that the church had on the site.

09:14:31 >>MIKE SUAREZ: We're back to one of my parts of my question

09:14:34 is.

09:14:35 Think Ms. Grimes touched on it during her, the beginning of

09:14:38 her presentation, which, you're planning on queuing within

09:14:40 the parking in order to accommodate both pickup and dropoff,

09:14:46 correct?

09:14:46 >> Phase one, yes.

09:14:48 >>MIKE SUAREZ: When you say phase one, meaning before?

09:14:51 >> Our initial phase, to be able have the school

09:14:55 operational, we're trying to use as much existing silent and

09:14:58 parking as possible.

09:15:00 >>MIKE SUAREZ: Got it.




09:15:00 I understand now.

09:15:01 >> The site plan you have is the phase one site plan.

09:15:04 >>MIKE SUAREZ: I understand that I just want to make sure,

09:15:06 because rate now, you have a lot of room to queue.

09:15:09 You're going to lose that once you build out on your second,

09:15:13 I assume your second phase.

09:15:15 >> Correct.

09:15:16 >>MIKE SUAREZ: So, what is that impact going to be?

09:15:19 Obviously, you're going to do a study to determine where the

09:15:22 queuing's going to be, how many cars, that type of thing.

09:15:25 So, I just wanted to know where it was going to be at now as

09:15:29 opposed to what's going to happen in the future.

09:15:31 So you've answered my question.

09:15:32 I appreciate it.

09:15:35 >>CHARLIE MIRANDA: I believe Ms. Montelione, Ms. Mulhern.

09:15:38 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:15:39 We don't have the overall master plan in the book that

09:15:44 Ms. Grimes handed out.

09:15:46 So, and we talk about phase one.

09:15:49 So if you could point to on the master plan what is phase

09:15:55 one?

09:15:55 What is -- because that would then, you would think there's

09:15:59 going to be a phase two or phase three.

09:16:01 So can you run me through what's phase one, phase two?

09:16:06 >> We're looking -- if I may, the existing fellowship hall




09:16:11 is on-site.

09:16:13 We found the number of code violations with it.

09:16:15 A number of problems with fire ratings, none of the stairs

09:16:18 meet current building codes.

09:16:19 Corridors and accesses don't meet egress capacity for a

09:16:24 school atmosphere.

09:16:24 So, our initial task when we were brought on, was find a way

09:16:29 to bring this existing building up to code.

09:16:31 And through process, we are actually doing a small addition

09:16:35 towards the rear, which brings our two new stair towers out

09:16:39 here and locates new addition on the building.

09:16:43 But essentially what's happening to this phase one in our

09:16:46 mind is that we're doing an addition to the south, modest

09:16:49 addition to the west, elimination of much of the paving

09:16:53 around that we're actually losing a total -- war Danny --

09:16:57 gaining a total of 15,000 square feet of pervious soil

09:17:01 conditions by eliminating all the asphalt.

09:17:03 All construction is taking place on asphalt in the space

09:17:06 that's existing here, if I show you the existing plan up

09:17:10 top, the space in here, we're reducing one drive aisle and

09:17:15 fixing the dropoff condition to this existing building.

09:17:19 And also as, we have pointed out earlier, improving some of

09:17:23 our buffering to the west.

09:17:24 Our intention, our phase one is make this building

09:17:28 operational with very limited land maneuvers, with the




09:17:31 exception of just improving landscape buffers around it.

09:17:35 >>LISA MONTELIONE: You have the.

09:17:37 >> You have the phase one plan in your book.

09:17:39 It's at tab four.

09:17:40 This is the master plan.

09:17:42 >>LISA MONTELIONE: I have that.

09:17:43 I'm saying I didn't have the master plan to look at it.

09:17:47 >> Do you want an extra copy?

09:17:49 >>LISA MONTELIONE: Sure.

09:17:50 That would be great.

09:17:52 >> In future phases, the intention is to be able to relocate

09:17:55 that parking away from the building, so that the buildings

09:17:58 themselves and a new building is constructed, becomes more

09:18:01 of a campus atmosphere for the pedestrian, not the

09:18:03 automobile.

09:18:04 In doing that, we maintain a new drive aisle between them

09:18:09 and push the construction closer together.

09:18:11 We still have to do an analysis of the existing building,

09:18:14 the existing sanctuary and its addition to see if there's

09:18:17 any adaptive re-use we might be able to have with those

09:18:21 existing structures.

09:18:22 >>LISA MONTELIONE: In this plan then, that's the building

09:18:24 just to the right?

09:18:27 >> We're taking a premise here, that without doing that

09:18:29 complete analysis of those existing structures, there's a




09:18:32 very good likelihood we'll replace those structures with

09:18:34 another building, in doing so, we'd like to have them closer

09:18:38 together and put the parking to north.

09:18:40 >>LISA MONTELIONE: Okay.

09:18:42 Where is the existing charter school operating right now?

09:18:46 >> Right in here.

09:18:47 The building that wraps around the sanctuary.

09:18:51 >>LISA MONTELIONE: Okay.

09:18:52 So that's why you say that they're operating, or I think has

09:18:56 Grimes said they're operating there for now?

09:18:59 >> Yes.

09:19:00 Their lease expires in 20 13.

09:19:02 So.

09:19:05 >>LISA MONTELIONE: So in 2013 they may be asked to find

09:19:09 another site because you're possibly potentially going to

09:19:12 take that building down?

09:19:14 >> Hopefully.

09:19:14 We'd like to improve the site.

09:19:17 >>LISA MONTELIONE: Okay.

09:19:19 >> One other thing this rezoning accomplishes, that existing

09:19:22 school is not, it's not legally located at that, on that

09:19:27 site.

09:19:28 And nobody can understand how they were able to get the

09:19:31 permit they did.

09:19:32 It looks like that all the permit applications that




09:19:34 Ms. Feeley researched all show that the proposed use was

09:19:37 church.

09:19:38 But it's actually a charter school.

09:19:40 So, it would -- this RM-24 zoning would basically legitimize

09:19:45 or legalize that existing use.

09:19:48 >>LISA MONTELIONE: And then again on the existing, where you

09:19:52 show the majority of the parking in the future silent, which

09:19:55 I'm guessing would be part of phase two or maybe phase

09:19:57 three, that that existing right now is, is there anything

09:20:03 there, is that where those two houses are?

09:20:06 >> No, the actual, the two houses are down here.

09:20:10 There's existing play field over here amongst the parking.

09:20:14 And the low part of the site is towards our southwestern --

09:20:21 southeastern border.

09:20:22 In looking at this, we're trying to retain in this picture

09:20:25 sort of more green space for the south in reality, to be

09:20:28 able to develop the site properly and improve the retention

09:20:32 possibilities, we'll have some retention along the edge of

09:20:36 central at that location.

09:20:37 >>LISA MONTELIONE: That was going to be a question that I

09:20:39 had about.

09:20:39 Retaining stormwater, because that's a lot more pavement

09:20:44 eventually, if this entire site is built out the way it's

09:20:49 depicted.

09:20:49 >> We're actually still at a reduction of pavement in this




09:20:52 scheme, as opposed to what's there currently.

09:20:58 >>LISA MONTELIONE: Okay.

09:20:58 The other question was more or less just mentioned in a way.

09:21:06 There's an existing play area.

09:21:07 Now, usually with high schools, you associate some kind of

09:21:11 athlete activity, whether it's track and field or -- there's

09:21:16 most public high schools have athletic fields associated

09:21:22 with it.

09:21:22 Is there any anticipation of athletic fields being added?

09:21:27 Is it allowed under the charter?

09:21:31 >> Currently Brooks DeBartolo operates other than anything

09:21:34 than an asphalt area for the children co congregate.

09:21:38 What appeals to them about this specific building and

09:21:41 fellowship hall is a structure we have been dealing with in

09:21:44 trying to make it work, centered on this building is a full

09:21:47 size basketball court.

09:21:48 It bring it is athlete facility indoors.

09:21:52 >>LISA MONTELIONE: Existing building.

09:21:53 That would remain?

09:21:54 >> Yes.

09:21:55 That's what we're working around on.

09:21:58 They've just done a renovation to this building.

09:22:00 That becomes the primary focus of all gymnastic.

09:22:05 >> When he said they, he means the church before they

09:22:08 acquired the site.




09:22:09 They did a renovation to it.

09:22:11 >>LISA MONTELIONE: Under the zoning category, would athletic

09:22:16 fields, outdoor athletic fields be committed?

09:22:19 School use is permitted.

09:22:21 >> School use is permitted, including that.

09:22:24 >>LISA MONTELIONE: That would be an associated use.

09:22:26 >> Right.

09:22:28 >>LISA MONTELIONE: The student parking I was going to ask

09:22:30 about, that was addressed.

09:22:33 And did you say that you met with the neighbors, Ms. Grimes?

09:22:36 >> I called the president of the homeowners association

09:22:39 before I even sent any of the notices out.

09:22:41 That's just my practice to do that, to call them so that

09:22:44 they don't receive the notice in the mail for the first time

09:22:47 and hear about the project.

09:22:48 So I usually call them ahead of time, which I did.

09:22:51 Vera keen, the president of that neighborhood association.

09:22:54 After the notices went out, I think I received two calls,

09:22:57 one from Faye Mill, who is here tonight.

09:23:00 And one from Steve Hanson, who's one of the principals at

09:23:06 Allstate Homes to the north.

09:23:07 And then subsequent to that I heard from -- I don't think I

09:23:10 heard from anybody else.

09:23:11 I actually have notes on that when I spoke to everybody.

09:23:15 I sent out a follow-up letter in addition to the form notice




09:23:19 that the city requires you to send.

09:23:21 I sent a follow-up letter explaining that the intent was for

09:23:24 it to be developed as a Brooks DeBartolo Collegiate High

09:23:26 School that we were moving from 15th street to this

09:23:29 location.

09:23:30 That we didn't, there was an existing church and charter

09:23:33 school on the silent and they would remain for the time.

09:23:37 And it wasn't until Monday of this week, I don't think,

09:23:40 until I started hearing certain rumors in the neighborhood

09:23:43 about that it was going to be section 8, multifamily

09:23:46 housing, which tried to dispel those rumors by forwarding

09:23:51 Ms. Feeley's e-mail that we appreciate was a suggestion as

09:23:54 to how to expedite the process and apply for the RM-24

09:23:58 zoning.

09:23:58 And I forwarded to it several people over the past couple

09:24:01 days, so that they once from an independent party that we

09:24:05 did not, this wasn't a subterfuge.

09:24:08 We no ulterior motive.

09:24:11 It was done for expediency and it was done after

09:24:15 consultation and with the help of the city.

09:24:17 And that's why it's RM-24 and no other reason really.

09:24:22 >>LISA MONTELIONE: The letters that you sent out, would

09:24:26 the -- would be to everyone that resides in that subdivision

09:24:30 along the cul-de-sac that's immediately to the west?

09:24:32 >> Everybody was in 250 feet of the subject property.




09:24:36 >>LISA MONTELIONE: That would even include a few people that

09:24:39 would be to the south?

09:24:40 >> Actually, the list wasn't as long as it normally is for

09:24:43 whatever reason.

09:24:44 But yes, all those people to the west.

09:24:46 Those neighbors, all the record owners to the west.

09:24:50 I sent two letters.

09:24:52 One with the form notice and then a followup letter

09:24:55 explaining what the actual proposal was.

09:24:57 >>LISA MONTELIONE: The civic association, north Tampa

09:25:00 community crime and civic association, you said you heard

09:25:03 from the president?

09:25:05 >> I called the president's house and went over the whole

09:25:08 thing with her.

09:25:08 And did not hear back.

09:25:11 >>LISA MONTELIONE: Okay.

09:25:12 Okay.

09:25:15 Thank you.

09:25:19 >> Vera keen, I called her I believe on February 7th.

09:25:23 I'm sorry, February 3rd.

09:25:25 Which was before the notices went out.

09:25:29 >>CHARLIE MIRANDA: Ms. Mulhern?

09:25:31 >>MARY MULHERN: Thank you.

09:25:31 I think is for the architect, either one of you actually.

09:25:35 But since we don't have that, the diagram, the before and




09:25:38 after the present and your plan, your site plan, is that

09:25:47 board there, is that the actual outline -- is the photograph

09:25:55 the actual -- what's the outline of the property?

09:25:59 The white board senator.

09:26:01 >> The greenish here R area here is the outline of the

09:26:05 property.

09:26:06 >>MARY MULHERN: But what is being rezoned?

09:26:09 >> The property in whole.

09:26:11 >>MARY MULHERN: Is it everything I see in the picture?

09:26:14 >> Start here.

09:26:15 Goes here all the way down here.

09:26:22 There is a Connecticut cutout for another single-family

09:26:25 home.

09:26:27 >>MARY MULHERN: Okay.

09:26:28 Okay.

09:26:28 I thought it was the whole property.

09:26:31 >> [ Inaudible ]

09:26:43 >>CHARLIE MIRANDA: Speak into the mic please.

09:26:52 >> This is 109th right here.

09:26:55 This is where there's two single-family homes right now.

09:27:03 >>MARY MULHERN: But this is Euclidian, this isn't any site

09:27:06 plan controlled.

09:27:07 So you can show us all this.

09:27:08 But you're asking us to rezone it in that zoning category,

09:27:12 so is there -- you know, what is there, maybe this is a




09:27:17 question for Ms. Feeley, what is there to assure the

09:27:22 neighborhood that what will be, have to be built here is

09:27:28 this?

09:27:29 If it's not site plan controlled?

09:27:40 >>ABBYE FEELEY: I guess the question is, what's to say it's

09:27:42 not?

09:27:43 You know.

09:27:43 It's both ways.

09:27:45 >>MARY MULHERN: That wasn't my question.

09:27:48 >>ABBYE FEELEY: The assurance is that this application came

09:27:50 in asking for an RM-24.

09:27:53 On the application it says school.

09:27:55 That's the legal documentation that's requested this.

09:27:58 Any permissible use in the RM-24 could go here.

09:28:03 >>MARY MULHERN: Okay, thank you.

09:28:04 >> I might add, design professionals right now working on

09:28:08 phase one are hitting about some hours a day per design.

09:28:11 And we're on target to submit on Tuesday.

09:28:15 >> My other concern too, about just, just only the

09:28:19 multifamily issue, I know the residents have raised that as

09:28:22 an issue.

09:28:22 The rumors as I mentioned is going around the neighborhood

09:28:25 that it's going to be multifamily for section eight housing,

09:28:28 which even if it was single-family, could be section eight

09:28:31 housing if that's their concern.




09:28:33 But when I got in a discussion with them about their

09:28:37 concerns about multifamily, they expressed similar concerns

09:28:41 about the school use.

09:28:42 So I don't know, rezoning to another district that limits to

09:28:47 it a school is going to address their concerns because a

09:28:50 couple of the people I spoke to had several concerns about

09:28:52 the school as well.

09:28:55 >>MARY MULHERN: We haven't heard from them yet.

09:28:57 But my question was about the difference between the

09:29:00 Euclidian and this site plan.

09:29:03 You answered that.

09:29:05 >> I think the best I can offer you, the best assurance I

09:29:07 can offer you is that Brooks DeBartolo charities Inc.

09:29:11 already own this is site.

09:29:13 They're not in the business of doing anything but the

09:29:15 charter school.

09:29:18 >>CHARLIE MIRANDA: Okay.

09:29:20 You have made your presentation.

09:29:21 You'll be back for rebuttal, I'm sure.

09:29:23 We go to the audience now.

09:29:25 Anyone in the audience care to speak on item number 9?

09:29:29 Z12-16.

09:29:30 Please come forward.

09:29:32 Z12-16.

09:29:37 >> Good evening.




09:29:38 I'm Faye Mill.

09:29:40 I own the property at 10906 North Dixson.

09:29:44 And have for over 50 years.

09:29:46 Our main objection is this is single-family residences.

09:29:52 These people have worked all their lives to buy their

09:29:55 houses.

09:29:57 And if this property that is under discussion is allowed to

09:30:02 be multiple housing, medium density, what happens to the

09:30:10 privacy and the property values of what everybody has worked

09:30:15 for?

09:30:18 And the traffic on the school that they're talking about, is

09:30:21 certainly going to overwhelm Central Avenue, 109th and

09:30:27 bougainvillea.

09:30:27 Those are the only ways out from that school to leave the

09:30:32 neighborhood.

09:30:33 They can't even go north on Central to Fowler Avenue.

09:30:37 And we just have a real concern that the school will go in,

09:30:44 be there a year, two years, whatever, and then in 20 years

09:30:48 from now, there's going to be multiple housing there.

09:30:51 And if median density -- I understand, it would mean more

09:30:55 than one story building.

09:30:58 Everybody on the west side of Dixson avenue loses their

09:31:02 privacy.

09:31:03 Nobody wants to be in their backyard and see somebody

09:31:06 watching them from, you know, an upstairs window.




09:31:09 This is our main concern, is that the property values are

09:31:13 just going to go to nothing when this does turn into

09:31:18 multiple housing.

09:31:19 And we really have no confidence that it's not going to be

09:31:24 multiple housing at point.

09:31:26 And as I said, everybody there has worked all their lives to

09:31:31 buy these houses.

09:31:33 And we, because they were single-family houses.

09:31:38 And we looked up the -- whatever that, Euclidian, and

09:31:45 according to the web site, that planning is considered

09:31:51 obsolete now.

09:31:53 And so I don't know why, you know, we would want to follow

09:31:58 that.

09:31:58 Actually, our objection is multiple housing.

09:32:04 If there's some other way around this, we would be a lot

09:32:09 more confident.

09:32:11 Thank you.

09:32:13 >>CHARLIE MIRANDA: Thank you.

09:32:14 Mr. Suarez?

09:32:15 >>MIKE SUAREZ: Ma'am?

09:32:17 Could I ask you a question, please?

09:32:19 I apologize.

09:32:20 There's a school there now.

09:32:22 Do you have any objection to the school that's there now?

09:32:24 >> I don't believe people do because they're younger




09:32:26 children.

09:32:27 When you get high schoolers, and this is just hearsay from

09:32:34 people that I know who have lived in sections near high

09:32:36 schools.

09:32:37 There's a lot more day time break-ins.

09:32:40 And whatever.

09:32:41 And of course with high school, you're going to have a lot

09:32:44 more drivers.

09:32:45 You know, Central Avenue and 109th are already overwhelmed.

09:32:49 With, you know, at school times.

09:32:54 >>MIKE SUAREZ: I just wanted to make sure that you

09:32:56 understand that your assumption of something that might

09:33:00 happen has no sway here, because we have to go based on what

09:33:04 they're presenting to us.

09:33:05 We can't say that it might be in 20 years something else.

09:33:11 The zoning is what it is.

09:33:13 >> That's why we're objecting to it being multiple housing,

09:33:17 for a school.

09:33:19 >>MIKE SUAREZ: It's not multiple housing for a school.

09:33:22 >> Well --

09:33:24 >>MIKE SUAREZ: My point, let me interrupt you for just a

09:33:27 second.

09:33:27 What I'm saying is, the project itself is not multiple

09:33:30 housing.

09:33:31 And the reason why I'm explaining this to you is that even




09:33:34 though you may think that a piece of property may be

09:33:37 something else in the future, we cannot vote on what

09:33:41 something may be in the future.

09:33:43 We have to base it purely on testified that's provided to us

09:33:47 by the petitioner.

09:33:48 They have to honor that petition in a public fashion, which

09:33:52 is what they're doing now.

09:33:54 They cannot do a bait and switch and all of a sudden build

09:33:59 multifamily housing there.

09:34:00 And I think -- I want to make sure you understand that

09:34:03 process.

09:34:04 And I think, please correct me if I'm wrong, that the

09:34:08 DeBartolo name, because it is a large corporation, and

09:34:12 does a lot of different types of development, may be

09:34:15 somewhat confusing in this aspect.

09:34:18 They are a charity based on what they have told us.

09:34:21 They are purely for schools.

09:34:26 Again, I just want to make sure you understand that because

09:34:28 you've mentioned it several times, that the only thing we

09:34:31 have before us is for a school.

09:34:34 No multiple -- no multifamily housing at all.

09:34:38 >> I understand that but the zoning allows multifamily

09:34:41 housing.

09:34:42 >>MIKE SUAREZ: The zoning allows it.

09:34:50 >>MIKE SUAREZ: Hang on.




09:34:50 Don't interrupt me when I'm talking.

09:34:53 I know you're not sir.

09:34:55 If we want to clarify something, we will with Ms. Feeley.

09:34:59 Okay, I just want to make sure you understand what we have

09:35:01 before us now.

09:35:02 And I just -- that's the only reason I brought it up,

09:35:06 because we only can do it based on evidence.

09:35:08 We are bound by law to do that we can't go by supposition.

09:35:14 >> Okay, can you clarify then what this zoning they're

09:35:18 asking for is?

09:35:20 >>MIKE SUAREZ: Ms. Feeley, could you clarify that question?

09:35:27 Ms. Feeley, is the zoning right now, that we're talking

09:35:31 about, they're saying it's going to be a school.

09:35:34 Okay.

09:35:35 Can they bait and switch us and then just go ahead and build

09:35:38 any kind of multiple housing?

09:35:41 >>ABBYE FEELEY: The RM-24 district would allow for

09:35:43 multifamily housing.

09:35:45 >>MIKE SUAREZ: Now, if they did that legally, could we say

09:35:48 that they did a bait and switch on us for doing that?

09:35:53 >>ABBYE FEELEY: No.

09:35:53 >> Why not?

09:36:01 >>JULIA COLE: That's really asking for legal advice, and I

09:36:01 don't think it's fair to put Ms. Feeley in that position.

09:36:05 Julia Cole, legal department.




09:36:04 Let me clarify, while you have been presented with a set of

09:36:08 plans and a set of intent as to what they want to do on this

09:36:10 property, it becomes zoned RM-24, and any property owner

09:36:13 coming into that property can develop in a manner consistent

09:36:16 with the RM-24 standards, regardless of what that would

09:36:19 entail, and if the use is multifamily, I think they can

09:36:22 still do single-family under RM-24.

09:36:27 >>MIKE SUAREZ: I understand the uses.

09:36:28 Again, the reason for the hearing though, you know, when we

09:36:31 change zoning, why make the presentation at all that they're

09:36:35 going to come up with something?

09:36:37 >>JULIA COLE: They were not obligated to give you this level

09:36:40 of information.

09:36:41 >> My point is, because it's Euclidian, they can do anything

09:36:44 essentially they want with this property as is, correct?

09:36:49 As long as the zoning is appointed -- I mean, excuse me --

09:36:53 approved?

09:36:55 >>JULIA COLE: I'm sorry, I don't think I understood your

09:36:57 question.

09:36:57 >>MIKE SUAREZ: In terms of changing the zoning, it's under

09:37:01 Euclidian currently.

09:37:03 >>JULIA COLE: Correct.

09:37:03 >>MIKE SUAREZ: So we can't grant any waivers, do any

09:37:05 waivers.

09:37:06 >> Correct.




09:37:07 >>MIKE SUAREZ: What it's under currently, what are the uses

09:37:09 that they can use it for?

09:37:13 >> I'll ask Ms. Feeley to answer that.

09:37:14 >> We already have a school which they're using it for.

09:37:16 >>ABBYE FEELEY: I think that we have identified tonight that

09:37:19 that school is not a conforming use on that property.

09:37:23 >> Correct.

09:37:24 >>ABBYE FEELEY: And that rezoning this to RM-24 would make

09:37:26 it conforming.

09:37:29 RS-50, which is what this is currently zoned, is a

09:37:33 residential single-family district.

09:37:35 It allows for single-family residential.

09:37:37 It also allows for, by administrative approval, a cemetery,

09:37:41 by right, congregate living facility, six residents or

09:37:45 fewer.

09:37:45 It allows for a small group care home, administrative

09:37:50 approval, dwelling, single-family, allows for extended

09:37:54 family residence, home occupation, public service facilities

09:37:58 like pump stations that we did tonight.

09:38:01 Place of religious assembly, by a special use two, which is

09:38:05 a public hearing.

09:38:06 School by a special use two, which is a public hearing.

09:38:10 Alcoholic beverage.

09:38:14 Irregular lots.

09:38:15 Offstreet commercial parking, by special use, which we did




09:38:18 this evening.

09:38:19 A public use facility, such as a library, private recreation

09:38:26 facility, temporary film production, utility transmission

09:38:32 site.

09:38:32 It's predominantly a single-family district.

09:38:36 However, the underlying land use, which is the R-35, okay.

09:38:41 Under RS-50, you typically have an R-10 or an R-20.

09:38:46 This has R-35, which says underlying land use allows you to

09:38:51 consider more intensive types of zoning districts, such as

09:38:54 the RM-24, RM-12, RM-16, RM-18, RM-24, up to a CN, or

09:39:03 neighborhood commercial.

09:39:04 Once you get past the RM district, the multifamily district

09:39:09 and you go to RO, RO-1 or CN, those are all site plan

09:39:13 controlled.

09:39:14 So, if we said no multifamily, let's go to CN, that's site

09:39:20 plan controlled.

09:39:21 So we are right back to a PD, right back to regulate this

09:39:24 use, and the challenge in this was a timing challenge, which

09:39:27 was how do we keep this project moving forward and

09:39:31 permitting and ready for opening August, when we know that a

09:39:37 special use or a PD currently takes 90 to 120 days,

09:39:42 codified, DRC, codified, 30 days, codified public hearing,

09:39:47 public notice, and that was the challenge.

09:39:49 And that's when staff really looked and said okay, you know,

09:39:52 let's see, because the intent that was expressed to us is




09:39:56 that it's going to be a school, we're ready to permit it.

09:39:59 But this came up.

09:40:00 So that's how we got to this solution.

09:40:02 But the reality is, yes, once it's RM-24, it would permit

09:40:06 any of the RM-24 uses, which would allow for, let me just go

09:40:11 back.

09:40:12 It does allow for single-family residential, as Ms. Cole

09:40:17 stated.

09:40:18 Both single-family attached, which would be town homes,

09:40:22 single-family detached, which could be just a single-family.

09:40:26 But let me just say under the RM-24 district, they would

09:40:31 have to comply with all the setbacks.

09:40:35 And also tall height.

09:40:42 >>MIKE SUAREZ: Height restriction is on there.

09:40:44 >>ABBYE FEELEY: Yes, 60 feet would be the height

09:40:46 restrictions.

09:40:47 And 20-foot rear yard, seven foot side yard and 25-foot

09:40:54 front yard.

09:40:57 >>MIKE SUAREZ: Thank you.

09:40:59 >> Green space, etcetera.

09:41:05 >>MIKE SUAREZ: You were going to say something?

09:41:07 >> I asked her to verify that they could go 60 feet tall

09:41:11 under this zoning?

09:41:15 >>CHARLIE MIRANDA: Ms. Mulhern?

09:41:16 >>MARY MULHERN: Thank you.




09:41:17 Ms. Feeley, you said, they could have just asked for a

09:41:21 special use for the school?

09:41:26 Understand RS-50, they could have requested.

09:41:30 >> Still can.

09:41:32 The time I talked to them, the public hearing wouldn't have

09:41:35 been till June.

09:41:36 Which wouldn't have allowed that.

09:41:38 So I gave them, as do I when I counsel anyone, all the

09:41:42 possible alternatives for how they can have their request

09:41:45 heard by City Council.

09:41:46 >>MARY MULHERN: Okay.

09:41:46 Thank you.

09:41:49 >>CHARLIE MIRANDA: Next please?

09:41:52 >> Good evening, my name is Shannon Kitson, and I'm a

09:41:54 resident of the Forest Hills Manor.

09:41:57 I'm actually on the cul-de-sac on the Dixson street.

09:42:01 And I'm very concerned about this rezoning to the

09:42:06 multifamily.

09:42:07 But I'm also concerned about the hazardous of bringing a

09:42:12 high school into our neighborhood.

09:42:16 I've actually lived in the neighborhood for three years.

09:42:18 And in that time, my value has gone down like most people

09:42:21 anywhere else, but I also have some relatives that go to

09:42:25 school at the charter school for excellence.

09:42:29 My niece, Aliyah, has been going there.




09:42:32 And I'm well aware that charter school had planned to

09:42:35 introduce junior high as well as high school.

09:42:39 But that school is so small, and the, I mean, I beg to

09:42:44 differ with Ms. Grimes.

09:42:46 There are not 1300 or even a thousand parishioners in that

09:42:53 church.

09:42:54 The parking lot you see in the existing plan is never half

09:42:57 full.

09:42:57 The most traffic you ever see at the school is when there's

09:43:01 a carnival.

09:43:03 I mean seriously, that's when people really come out.

09:43:07 The traffic, granted, very bad.

09:43:09 With just the mall number of students.

09:43:12 I am right behind the church.

09:43:16 And I don't mind the kids during the day.

09:43:23 They're elementary school kids.

09:43:25 But high school kids are going to introduce a whole other

09:43:29 elements of vandalism.

09:43:32 Truancy.

09:43:33 My neighbors on both sides have much smaller fences.

09:43:36 I have a privacy fence, thank goodness.

09:43:38 Trees do provide some kind of a buffer.

09:43:40 I always thought maybe the church did provide some kind of a

09:43:43 buffer from the interstate too.

09:43:45 But, they're talking about knocking down all the trees where




09:43:49 they're currently a playground.

09:43:51 You know, if this charter school is going to be there for

09:43:53 the next year and a half, where is that playground going to

09:43:57 be?

09:43:57 That's one thing I'd like to know.

09:43:59 And if they're going to have so few high school students,

09:44:02 why do they need this big parking lot? If there's enough

09:44:05 parking for 1300 parishioners there, why do they need five

09:44:09 more lots for 100, was it 500 students max?

09:44:14 The drainage on the street is awful. The drainage on

09:44:17 109th is even worse.

09:44:19 So, a little retention pond on the corner is not going to

09:44:23 solve that problem.

09:44:23 They desperately need a sidewalk and having students coming

09:44:30 in from the other neighborhoods is not going to help with

09:44:34 the crime that we do have.

09:44:36 With the traffic and all the high school students I know my

09:44:41 neighborhood walk to Chamberlain Lynn, and they're perfectly

09:44:44 fine with that I didn't know that we had a homeowners

09:44:49 association, but I'm going to be sure to look that up.

09:44:52 The letter did not make it clear that this was going to be a

09:44:57 school.

09:44:58 And finally, I just want to say that when I called

09:45:02 Ms. Grimes about this, she told me there wouldn't be any new

09:45:05 construction.




09:45:06 And these buildings are much bigger.

09:45:09 It's completely changed from what they have going on now.

09:45:12 There's been construction for the past six months.

09:45:14 >>CHARLIE MIRANDA: All right.

09:45:14 Thank you.

09:45:15 Your time is up.

09:45:16 >> Thank you.

09:45:17 >>CHARLIE MIRANDA: Thank you very much.

09:45:17 Next please, sir?

09:45:24 >> My name is Dr. Gibson, I live at 10915 North Dixon.

09:45:29 I got kids that go to school there.

09:45:32 I got two of them.

09:45:33 We have put a high school in there, it's going to create a

09:45:38 lot more traffic.

09:45:39 Bad enough as.

09:45:40 As we have already said, there's three entrance in.

09:45:45 Only two out.

09:45:45 Traffic is pretty bad around there.

09:45:48 I turn around and you know, I used to be out on the street

09:45:53 yelling people to slow down going down my road.

09:45:56 If we were to have high school kids that turn around and

09:45:59 want you to know, leave and come back to school, whatever

09:46:02 the case, there's no speed bumps, there's nothing.

09:46:07 Like I said, I have small kids.

09:46:09 I also have kids that graduated from high school and one in




09:46:13 high school.

09:46:14 They walk to Chamberlain.

09:46:16 They walk home from Chamberlain.

09:46:19 With that being said, it's going to be a lot more traffic.

09:46:24 It was also touched that drainage is an issue through there.

09:46:28 It does flood.

09:46:30 I don't really see any help with a pond because it doesn't

09:46:35 look like there's one on the plan.

09:46:39 I mean that's pretty much about it.

09:46:41 Hopefully everybody listens to what everybody has to say

09:46:44 about it.

09:46:45 It's not really convenient for people that live in the

09:46:48 neighborhood, inconvenience, traffic and everything else.

09:46:51 So thank you.

09:46:52 >>CHARLIE MIRANDA: Thank you very much.

09:46:53 Anyone else in the audience here to speak on this item,

09:46:55 please come forward.

09:47:03 >> I have been sworn.

09:47:05 >>CHARLIE MIRANDA: Just a second, just get to the mic.

09:47:08 I saw you were real anxious.

09:47:10 >> I'm bipolar.

09:47:13 [Oath administered by Clerk]

09:47:15 >> My name is Carla Watson.

09:47:17 I live at 11111 North Dixon Avenue.

09:47:20 My house is completely butted up to the playground of the




09:47:25 school, the track.

09:47:27 Actually they walk right next to my fence.

09:47:31 I see the basketball go up in the air and I keep thinking

09:47:33 the basketball is going to come down in my yard.

09:47:36 I worry about the kids.

09:47:39 It's nice to have kids and like to hear the laughter and

09:47:42 stuff.

09:47:43 What concerns me, I have an Olympic size pool in my backyard

09:47:48 with nine foot deepwater.

09:47:54 I'm wondering about if they were to, you know, I don't know,

09:48:00 I'm pretty fat.

09:48:06 Because it's good for my asthma.

09:48:08 Other than that, I'm concerned about my property value

09:48:11 because everything I've worked for all my life.

09:48:14 The house before this one.

09:48:16 And this one was terribly financed to my father, terribly.

09:48:22 And he was proud of it, I guess.

09:48:24 So, I hope it doesn't go to nothing.

09:48:27 Thank you.

09:48:29 >>CHARLIE MIRANDA: Thank you very much, ma'am.

09:48:30 Appreciate it.

09:48:31 Anyone else in the audience care to speak on this item,

09:48:34 number 9?

09:48:35 Z12-16.

09:48:36 Ms. Montelione, you want to say?




09:48:40 >>LISA MONTELIONE: Thank you.

09:48:41 Ms. Grimes?

09:48:46 You mentioned that there was $8 million invested in

09:48:52 purchasing the site.

09:48:53 When was the site purchased?

09:48:56 >> I pulled out the deed.

09:48:57 To the property.

09:48:59 Because when we filed the application, it was owned at the

09:49:01 time by the universal church of God.

09:49:04 Do I want the record to reflect that it's now owned by

09:49:07 Brooks DeBartolo charities, Inc.

09:49:09 Originally purchased and recorded on February 16th,

09:49:13 corrective deed waked was filed to correct the legal

09:49:15 description and that was rerecorded on 3-6 of 2012.

09:49:22 >>LISA MONTELIONE: Because while we were talking, I looked

09:49:24 it up and it still listed on the property appraiser that

09:49:29 it's university school of gold.

09:49:31 You must have read my mind.

09:49:33 It seems like, when there's a few issues that we have.

09:49:43 And I sympathize with the neighborhood because a high school

09:49:48 is quite different than an elementary school.

09:49:51 Or even a middle school.

09:49:53 They don't begin to drive, there's not the amount of

09:49:58 activity after school with high school students lingering at

09:50:04 the property, whereas elementary school kids, middle school




09:50:07 kids are either engaged in afterschool activities or

09:50:10 immediately picked up and they go home.

09:50:13 They don't stay on the site and they don't have the freedom

09:50:18 of movement that high school kids have.

09:50:19 It's, although there is a tremendous investment, it seems as

09:50:30 Ms. Mulhern I think has referenced, the issue is the reason

09:50:39 why you're going with Euclidian zoning rather an PD or even

09:50:45 a special use is a timing issue.

09:50:48 And the architect you've indicated 150 hours, that's a lot

09:50:55 of time, lot of money and people are working hard to get

09:50:58 this on target to have building plans submitted Tuesday.

09:51:03 Which would even be before, even does pass tonight, I mean,

09:51:08 that's quick.

09:51:09 That's a fast turn around.

09:51:10 So, you've been working on this for a while.

09:51:14 I would assume before the property was purchased on the

09:51:17 16th.

09:51:19 And in order to have all of this done, and it seems like

09:51:23 it's a timing issue.

09:51:25 So, if there were assurances to be made, they would be made

09:51:29 through the plan development process because it would be

09:51:33 site controlled, there would be conditions attached, there

09:51:36 would be more reassurances to the neighborhood that this was

09:51:40 going to be a school, it was going to be nothing but a

09:51:42 school.




09:51:43 And if somebody wanted to turn it into multifamily housing,

09:51:46 they would have to come back through this process, go back

09:51:49 before this body and take the chances whether or not that

09:51:51 application would get approved or no so, it seems that

09:51:56 because of the fast track of just a couple of weeks, you

09:52:01 have to get those plans done into permitting to be opened by

09:52:05 the beginning of the school year in August, it's created a

09:52:09 flurry of problems that the neighborhood has and that we

09:52:14 seem to be struggling with.

09:52:16 And it's very difficult, you know, the school where it's

09:52:20 located now, unrelated to this application, I had been there

09:52:24 a couple of years ago.

09:52:26 Had an occasion to visit the site of the school.

09:52:29 And being just off Fowler Avenue, it doesn't pose as much of

09:52:34 an imposition to the neighborhood.

09:52:35 Fowler Avenue is a busy street.

09:52:39 They're very close to it.

09:52:40 It's a very commercial area.

09:52:41 And I realize did you the map and showed how close this is,

09:52:46 and it's bordered by the interstate.

09:52:48 But it's a unique silent it is embedded in a neighborhood.

09:52:52 I'm just having a lot of difficulty with this because,

09:52:55 because it's a timing issue.

09:52:57 I mean, it's not -- in plans of this scale, I would imagine

09:53:04 that time would have come into play in somebody's mind at




09:53:11 some point, realizing how long it takes to come through

09:53:14 Council.

09:53:15 >> I tried to touch on this in the, when I discussed the

09:53:19 site selection process.

09:53:20 And I think it was the fact that a charter school existed on

09:53:23 that site, that there was no question that a charter school

09:53:27 was a permitted use.

09:53:29 And that's why it got as far as it did in the acquisition

09:53:33 process before they real laced there was this zoning issue.

09:53:36 I don't know if this would address your concern or the

09:53:41 neighbor's concerns, but if by second reading, which doesn't

09:53:45 occur from another month from way understand, April 5th, if

09:53:48 we have the building plans and the site plans submit bid

09:53:52 that date, would that provide you the assurance that this

09:53:55 isn't a, as Mr. Suarez referred to it, as a bait and switch.

09:54:02 >>LISA MONTELIONE: I have no, I have no issue.

09:54:04 I mean, I realize that this, the Brooks DeBartolo

09:54:10 charities and the operations, I have no question that this

09:54:14 is going to be a school.

09:54:15 What the neighborhood is concerned about is that once this

09:54:18 is zoned, and if I understand Ms. Mill correctly, and it's

09:54:24 the Euclidian zoning 20 years from now would permit, if the

09:54:32 charter school is no longer in existence or you've expanded,

09:54:35 you know, you do great work, so hopefully you'll expand.

09:54:39 And maybe need even larger site.




09:54:41 To accommodate even more children.

09:54:44 Which would be a grit thing because you do good work.

09:54:46 But then that, this site would then be vacant again and

09:54:53 somebody could come in and buy it and somebody could build

09:54:56 anything that's permissible under this zoning category.

09:55:01 So, it's not that immediately it's going to be a school.

09:55:05 But folks that live in this neighborhood, as Ms. Mill has,

09:55:09 for 50 years.

09:55:10 So, in the next five, 10, 15 years, it will still be maybe

09:55:16 Brooks DeBartolo high school.

09:55:21 In 25 or 30, or 40 years, it might not.

09:55:24 And with the planned definitely process, at least if someone

09:55:31 wanted to build something other than what was indicated on

09:55:34 the site plan, they would have to come back to this body or

09:55:38 not, maybe won't be here in 30 years, but they would have to

09:55:42 come back before City Council to ask for a change from the

09:55:47 school because it was site plan controlled.

09:55:51 And those are the things, if I understand correctly, that --

09:55:57 they're not worried about this is going to be a school next

09:56:00 week.

09:56:00 They're worried about this is going to be a school 25 years

09:56:02 from now.

09:56:03 Or 15.

09:56:09 And 1500 parishioners, even if they were 1500 parishioners,

09:56:16 it would be a Sunday.




09:56:17 Wouldn't be every day of the week.

09:56:18 With 500 to 700, they're allowed 700 under the charter, that

09:56:23 would be every day.

09:56:24 Those are my concerns.

09:56:29 >>CHARLIE MIRANDA: Okay.

09:56:30 Anyone else in Council?

09:56:32 Because she still has five minutes for her closing

09:56:34 statements.

09:56:35 I don't want to take any of that time up.

09:56:37 Any other questions?

09:56:40 All right.

09:56:40 We go back.

09:56:41 There was no more, I asked the public three times if anyone

09:56:45 else wanted to speak.

09:56:46 I didn't see anyone get up.

09:56:48 So you have five minutes for your closing statement.

09:56:50 >> I won't take that long.

09:56:51 I think I've addressed a lot of those concerns, answered the

09:56:54 questions.

09:56:54 Mr. Crew, I did put that deed behind you that has, that's

09:56:59 been recorded, showing that the Brooks DeBartolo

09:57:03 charities, Inc. is the actual owner of the property.

09:57:06 Because they weren't when we filed the application.

09:57:08 So I do want that to be part of the record.

09:57:11 I know Ms. Montelione, you mentioned that this school is an




09:57:16 imposition on the neighborhood.

09:57:18 And that at this location, but keep in mind this is on the

09:57:22 periphery of the neighborhood.

09:57:24 This is sandwiched between the neighborhood and the

09:57:26 interstate.

09:57:28 Almost every single high school and certainly elementary and

09:57:31 middle schools all abut single-family areas.

09:57:33 I live one block from a public high school.

09:57:36 And it's surrounded by single-family.

09:57:38 A lot of times a high school is part of the neighborhood.

09:57:44 And it can be that.

09:57:45 But even put that aside.

09:57:49 In this instance, you have a high school at the periphery of

09:57:51 the neighborhood next to the interstate.

09:57:53 If this isn't an ideal location for a high school, I don't

09:57:58 know what is.

09:57:58 It's also an ideal location for multifamily.

09:58:04 Single-family development is not going to be constructed on

09:58:07 that site facing the interstate.

09:58:09 And the neighbors mentioned that the existing school and

09:58:12 church serving as a buffer to that neighborhood.

09:58:14 And I think that's appropriate.

09:58:16 You're supposed to step down the uses as get into the

09:58:19 neighborhood.

09:58:20 And on this site, they have the opportunity to have an even




09:58:23 better buffer to the interstate.

09:58:24 I'm sure that interstate is extremely noisy.

09:58:28 You have the soundproofing walls in some locations, but not

09:58:31 all the way up and down the site.

09:58:33 But with the enhanced landscaping, with the retention of the

09:58:37 trees, you're going to have more buffering than you

09:58:41 currently do right now.

09:58:42 There's no question about that.

09:58:44 I wanted to address one of the concerns someone had about

09:58:47 the letter that I sent wasn't clear that the school was

09:58:49 going to be located on that site.

09:58:51 I think it was Shannon Kitson.

09:58:53 My letter says the proposal is relocate school from current

09:58:58 location in the existing building located on the southern

09:59:00 portion of the property.

09:59:01 Went on to explain why we felt the RM-24, it says as such we

09:59:06 filed the pending zoning application to allow a school to

09:59:09 operate on this property.

09:59:10 I don't know how much more clear that the intent was to have

09:59:13 a school and not to have multifamily development.

09:59:15 As far as the, there was a question raised about the parking

09:59:19 spaces.

09:59:21 You're required to have basically 20%, 20% of the number of

09:59:27 students in parking spaces.

09:59:28 So, for 500 maximum capacity school, you would have to have




09:59:33 100 spaces.

09:59:35 The architect has told me that probably in all likelihood,

09:59:38 would only need 506 them because very few of the students at

09:59:42 the existing school drive.

09:59:43 And that's another benefit to this project, is that you have

09:59:47 a track record.

09:59:48 You have a five year track record from the existing school.

09:59:50 So it's not like again, this is not a speculative

09:59:54 development proposal.

09:59:55 But most important, I'm going to close with this, is that

09:59:58 you have a staff report that says this is an appropriate

10:00:01 location for RM-24 and in addition, the Planning

10:00:04 Commission's report says it's also an appropriate location

10:00:08 for a school.

10:00:09 That's the competent and substantial evidence that you have

10:00:11 on the record.

10:00:12 Fear, speculation, what it could possibly be, isn't

10:00:17 competent and substantial evidence in and of itself.

10:00:19 So with that given the evidence that is on the record, we

10:00:22 would request your approval of this rezoning.

10:00:24 And Mr. Chairman, I would like to put this letter of mine

10:00:28 into the record.

10:00:30 >>CHARLIE MIRANDA: Okay.

10:00:33 Any further questions by Councilmembers?

10:00:51 >>CHARLIE MIRANDA: All right.




10:00:51 I need a motion to close.

10:00:52 >> Motion to close.

10:00:53 >> All right, have a motion by Ms. Montelione, second by

10:00:57 Ms. Mulhern to close.

10:00:59 All in favor of the motion, please indicate by saying aye.

10:01:02 Opposed nay.

10:01:03 Motion is hundred percent passed, 6-0 to close the public

10:01:09 hearing.

10:01:09 All right, what's the pleasure of the Council in this

10:01:12 ordinance number 9?

10:01:15 Ms. Mulhern?

10:01:17 >>MARY MULHERN: I move to deny this request based on the

10:01:22 fact that there would have been more appropriate ways to

10:01:33 bring it into conformity for this property into conformity

10:01:37 for a school, either under a special use or a PD.

10:01:41 And although I believe it's the intent to build a school

10:01:46 here, the unintended consequences of the permitting this is

10:01:53 to give the right to build multifamily housing here, which

10:02:00 would increase the density and the intensity here.

10:02:04 And you know, we just don't have any control over what's

10:02:09 going to happen in the future here.

10:02:11 Once we allow it, we're allowing it.

10:02:14 And that's, you know, basically, we're being asked to rezone

10:02:18 from residential 50, residential single-family to

10:02:21 residential multifamily 24.




10:02:25 And I just don't feel that we can do that based ton, it not

10:02:30 being compatible with the existing zoning and the

10:02:37 surrounding single-family housing as we have heard from the

10:02:40 neighbors.

10:02:40 And I'd also like to point out that there are a lot of low

10:02:45 income multifamily housing units abutting interstates all

10:02:49 over the country.

10:02:50 So, I don't feel like that's any kind of assurance that in

10:02:54 the future, things change.

10:02:57 The might end up doing that and affecting the neighborhood

10:03:02 adversely.

10:03:04 >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern to deny this

10:03:09 petition.

10:03:09 Item number 9, Z12-16.

10:03:12 Do I have a sec?

10:03:14 Dies for lack of a second.

10:03:15 Oh, you second it?

10:03:18 I'm sorry.

10:03:19 I didn't hear it.

10:03:20 I'm sorry, I didn't see it.

10:03:23 All right, have a motion by Ms. Mulhern, second by

10:03:27 Ms. Montelione for denial.

10:03:28 All favorite motion, any other motions, all --

10:03:31 >> And I am sorry to interrupt.

10:03:33 Did I not hear Ms. Mulhern identify any section of the




10:03:37 comprehensive plan or section of code as you recall when we

10:03:40 make a motion to deny, we need to provide that information

10:03:43 to an applicant.

10:03:46 >>CHARLIE MIRANDA: Goes back to Ms. Mulhern.

10:03:50 >>MARY MULHERN: I'm denying it on the basis of it not being

10:03:53 compatible with the surrounding single-family -- I don't

10:04:03 have the comprehensive plan or the zoning in front of me.

10:04:07 I don't think.

10:04:08 Maybe staff could...

10:04:12 Okay.

10:04:23 Thank you.

10:04:24 This doesn't have -- I think -- hear we go.

10:04:48 This is only the Planning Commission's report on what makes

10:04:59 it compatible.

10:04:59 I don't have the -- I think the adverse impacts of the

10:05:10 potential intensified traffic, with the...

10:05:29 Yeah, I said that.

10:05:41 Compatibility.

10:05:43 Policy number 34.4.3.

10:05:48 Now, this is only the comprehensive plan as it relates to

10:06:13 schools, which is interesting, because that isn't really

10:06:15 what we're deciding here.

10:06:17 We're deciding a Euclidian zoning.

10:06:22 So, whatever.

10:06:24 Why don't we vote?




10:06:26 >>CHARLIE MIRANDA: Take your advice and vote then.

10:06:28 I have Ms. Mulhern's motion, second by Ms. Montelione for

10:06:32 denial on number 9, Z12-16.

10:06:35 All in favor of that motion, please indicate by saying aye.

10:06:38 Opposed nay?

10:06:42 I don't know.

10:06:43 That's voice.

10:06:44 >>THE CLERK: Motion did not carry with Suarez, Mulhern and

10:06:48 Montelione.

10:06:51 >>CHARLIE MIRANDA: Let's have a voice vote.

10:06:52 I want the record to be very, consider clear.

10:06:55 >> Roll call vote.

10:07:00 >>MIKE SUAREZ: Yes.

10:07:03 >>FRANK REDDICK: No.

10:07:04 >>CHARLIE MIRANDA: No.

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

10:07:08 >>HARRY COHEN: No.

10:07:11 >>LISA MONTELIONE: Yes.

10:07:13 >>THE CLERK: The motion did not carry with Suarez -- pardon

10:07:19 me.

10:07:19 With Reddick, Miranda and Cohen voting no.

10:07:23 >>CHARLIE MIRANDA: Let me explain what happens now.

10:07:25 It is my understanding, I could be corrected, that this

10:07:28 would go over to the next Council meeting and the individual

10:07:33 who's missing today, Ms. Capin, would be allowed to vote and




10:07:39 she would have the opportunities to review this tape and

10:07:43 these hearings today and make her sound decision as to her

10:07:48 casting her vote and that would happen next week, is it a

10:07:53 Council meeting during the day, and we'll make that -- what

10:07:59 time is that usually held?

10:08:01 >> Your next regular Council meeting.

10:08:04 >>CHARLIE MIRANDA: Is on the 15th?

10:08:09 >> The 15th at 10:00.

10:08:11 >>CHARLIE MIRANDA: 10:00 will be fine.

10:08:13 >> If I can, Mr. Chairman, I'd like to read the rule for

10:08:16 you, rule 6-H, which states that if a motion in a

10:08:20 quasi-judicial matter fails to sever at least four votes,

10:08:23 the motion fails.

10:08:24 And if another motion in order is not made, the public

10:08:28 hearing shall be automatically reopened and continued to a

10:08:31 time certain at the next regularly scheduled Council

10:08:34 meeting.

10:08:35 >>CHARLIE MIRANDA: Okay, thank you very much, sir.

10:08:37 That means that this vote will carry on to next Thursday at

10:08:41 10:00 in the morning on March the 15th.

10:08:43 The year 2012.

10:08:45 And for all those who are here today, both sides, both

10:08:49 parties, the neighborhood and the petitioner and their

10:08:53 capable people that are here, that will be happening again,

10:08:57 I'll repeat myself, on the 15th of March at 10:00 in the




10:09:01 morning.

10:09:01 Okay.

10:09:02 This hearing is closed.

10:09:03 The vote's been taken.

10:09:08 >> I understand.

10:09:10 >> I'm sorry, just for the purpose of preserving the record,

10:09:13 as a matter of Council rule, it is reopened and continued to

10:09:18 that time.

10:09:18 >>CHARLIE MIRANDA: It's reopened at that time will be

10:09:21 continued to that time, because there's a 3-3, in essence,

10:09:25 not enough to win on one side or lose on the other, or lose

10:09:30 on one side and win on the other.

10:09:32 So this is continued to next Thursday, the 15th at 10:00 in

10:09:35 the morning.

10:09:36 Yes, ma'am?

10:09:37 >> And you're going to vote on this same motion, right?

10:09:41 >>CHARLIE MIRANDA: No, we'll have a full Council.

10:09:44 >> I just want -- why are you shaking your head no?

10:09:48 >> The answer is no, because Council's rule, under a

10:09:52 quasi-judicial hearing, if it fails to get at least four

10:09:55 votes, the motion fails.

10:09:56 As of right now, as a matter of Council rule, there is no

10:10:01 motion on the floor.

10:10:02 The public hearing is reopened.

10:10:04 And it is continued to next week at a date and time certain.




10:10:08 So therefore, when you come back, the public hearing will be

10:10:12 opened and if this Councilmember who is absent tonight or

10:10:16 any other Councilmember wishes any other evidence, evidence

10:10:19 could be taken if Councilmembers wish it to be.

10:10:22 Otherwise, if Council is prepared to vote, they can close

10:10:25 the public hearing and vote.

10:10:26 Obviously, what I will do, I will inform Councilmember Capin

10:10:30 of what happened tonight and ask that she review the record

10:10:33 and tape prior to coming in.

10:10:36 >> An entirely new motion will have to be made?

10:10:39 >> That's correct.

10:10:40 >>CHARLIE MIRANDA: Something has to come before us.

10:10:41 >> Can I just ask one question?

10:10:45 >> I throughout already did.

10:10:46 You want to ask another question, go on.

10:10:50 >> Would Council be amenable tonight, since there is no

10:10:53 motion right now, to moving forward with approval of the

10:10:59 RM-24 with the understanding that second reading wouldn't

10:11:03 occur until we file another rezoning to a PD to limit the

10:11:09 uses?

10:11:09 And the reason that this would work for us would be, we

10:11:12 could proceed through the permitting process under the

10:11:15 RM-24, but you wouldn't, would you not have sec reading on

10:11:19 the RM-24 until you knew we had a PD application filed.

10:11:23 >>CHARLIE MIRANDA: Let me say this.




10:11:24 During this process and this hearing, at the end of this

10:11:29 hearing today, I was going to suggest it, but I can't do

10:11:32 that because I'm an elected official and I would be

10:11:34 intermingling between the neighborhoods and the petitioner

10:11:37 and I'm not allowed to do that but it did occur to my mind

10:11:41 that maybe the petitioner, which would have been Brooks

10:11:46 DeBartolo, would have come up and say if this was to pass

10:11:49 today, I will come back in 30 days and refile under a PD to

10:11:54 satisfy all the concerns that the neighborhood put on the

10:11:58 record today.

10:12:00 Both would be abolished.

10:12:02 But I don't know what to do now.

10:12:03 It's up to the comes up who made the motion and the second.

10:12:06 And I go to the attorney.

10:12:08 Yes, sir?

10:12:09 >> Mr. Chairman, thank four raising that publicly, because

10:12:12 when this motion was adopted and crafted, it was

10:12:15 specifically to address that sort of issue.

10:12:17 And let me mention how that happens.

10:12:19 The rule states that the motion fails and if another motion

10:12:26 and order is not made, so this being a situation where

10:12:30 there's now no motion on the floor, it is up to Council to

10:12:33 choose if it wishes to make another motion as long as it's

10:12:36 in order.

10:12:37 If it does not take any action, then it will automatically




10:12:40 come back.

10:12:40 So if Council can consider the motion, the hearing is still

10:12:44 open until it's continued.

10:12:45 >>CHARLIE MIRANDA: Let me ask the Council today if they

10:12:48 would like to reopen this hearing and revote for the entity

10:12:51 of bringing the suggestion that if it was to pass on the

10:12:54 RM-24, that within 30 days we have another filing, or before

10:12:58 the second reading on this one here, for a PD and we'd have

10:13:02 to take another vote sometime into the future?

10:13:06 >>MARY MULHERN: Okay.

10:13:06 First of all, I don't understand what we're doing here,

10:13:11 because we -- we can -- we're like continuing this public

10:13:16 hearing, what's going on here?

10:13:19 >> Reopened it.

10:13:21 >>MARTIN SHELBY: If I can.

10:13:23 >>MARY MULHERN: Wait.

10:13:24 I have another question.

10:13:25 We reopened -- we never closed it.

10:13:30 Here's what I don't understand about that request.

10:13:33 Why don't they just file for a PD?

10:13:39 Why do we need to pass something that didn't pass?

10:13:45 >> We are not trying to have RM-24 rezoning on this

10:13:49 property.

10:13:49 We're trying to have a school on this property.

10:13:51 Only reason we filed RM-24 is that the timing --




10:13:56 >>MARY MULHERN: That's not my question.

10:13:57 >> Timing.

10:13:58 >>MARY MULHERN: You're telling us you're going -- why can't

10:14:00 you just file for a PD?

10:14:02 >> Because we can't proceed in the development review

10:14:04 process if we file a PD right now.

10:14:06 If we withdraw the RM-24 and file a PD, we can't even have a

10:14:10 hearing on a PD until July.

10:14:14 >>MARY MULHERN: You're asking us --

10:14:16 >> What I'm telling you to give you the assurance that we

10:14:19 would file the PD before you even have second reading on the

10:14:22 RM-24.

10:14:27 >>LISA MONTELIONE: I think this issue is they can't file

10:14:29 permits because a school is not -- what they're filing for

10:14:34 in construction services is not permitted in the zoning

10:14:38 district.

10:14:39 So if they go down to construction services on Tuesday,

10:14:43 their application is going to be rejected.

10:14:44 So I would like to make the motion.

10:14:47 >>CHARLIE MIRANDA: Okay, Ms. Montelione.

10:14:49 >>LISA MONTELIONE: Thank you.

10:14:50 And I'm not sure I'll need legal to advise me here.

10:14:53 On how to effectuate-what we use talked about.

10:14:59 Do I believe that having a PD, which is site plan

10:15:03 controlled, that would, that would put in place the




10:15:10 protections that this will be a school, and if at any time

10:15:14 it was ever considered to be changed to multifamily housing,

10:15:19 someone who purchased the property over the current owners

10:15:23 would have to come back here and have a hearing just like

10:15:27 this one, to approve the multifamily use of that property.

10:15:34 >>CHARLIE MIRANDA: Let me open the hearing -- we're going to

10:15:37 go --

10:15:39 >> The hearing wasn't close.

10:15:40 >>CHARLIE MIRANDA: We voted on the thing and it's 3-3.

10:15:44 So let's reopen the hearing.

10:15:45 >> Motion to open.

10:15:46 >> Second.

10:15:46 >>CHARLIE MIRANDA: Have a motion to open by Ms. Montelione,

10:15:49 seconded by Mr. Suarez.

10:15:50 All in favor of that motion, please indicate by saying aye.

10:15:54 Opposed nay.

10:15:55 Hearing is reopened.

10:15:57 >>LISA MONTELIONE: So now, with that, how do I, Mr. Shelby,

10:16:05 how do I in my motion to approve the current zoning with the

10:16:11 condition that a PD be filed within 30 days?

10:16:15 So they can proceed to construction services, file for the

10:16:18 plans and the permits, and then come back?

10:16:23 >>MARTIN SHELBY: If I can.

10:16:23 Allow me just 30 seconds to talk this through and then I'll

10:16:28 see if it's acceptable to Ms. Cole.




10:16:30 We're in unchartered territory in terms this ever procedure

10:16:33 did.

10:16:33 Want to say something, Ms. Cole?

10:16:36 Let me speak unless you think it's best.

10:16:40 >>CHARLIE MIRANDA: May I make a suggestion?

10:16:42 >> Yes, sir.

10:16:43 >>CHARLIE MIRANDA: I'm just listening again to both sides

10:16:45 and trying to determine to satisfy both the neighborhoods,

10:16:47 which for the protection of them and I understand that very

10:16:50 much.

10:16:50 Is to, between first and second reading, to legitimize and

10:16:57 legalize and whatever you want to call it, that if this

10:17:00 Council was to pass this today, and before April the 5th, I

10:17:05 think it's the 30 days if they don't have -- and here again,

10:17:08 I'm speaking out loud and you ain't supposed to do this when

10:17:11 you're an elected official, but being old, I've always said

10:17:14 forward, you got to lay the egg, find out if it's going to

10:17:18 be a chicken or rooster.

10:17:25 If we wait till before April 5th, which is the second

10:17:27 reading, if that's not done and they haven't filed, adios,

10:17:32 loopy.

10:17:33 You know what adios loopy, means?

10:17:37 >> No, but I take the hint.

10:17:38 >> That's exactly right.

10:17:39 I mean, that's a suggestion that I'm making.




10:17:42 I hope everybody understands that this is to legitimize and

10:17:47 satisfy both parties here.

10:17:48 I haven't heard no one -- yes, sir?

10:17:52 >>MARTIN SHELBY: Mr. Chairman, just for purposes of the

10:17:54 record.

10:17:54 I know Ms. Grimes is talking to her clients.

10:17:57 But Ms. Grimes, you did make that representation.

10:18:00 And you heard what Ms. Montelione is proposing.

10:18:02 Would you then go on the record and state water intention is

10:18:05 then and then what Council can do is base their decision on

10:18:09 that representation.

10:18:12 >> If you don't mind, just for my client's sake, I want to

10:18:16 make sure if I can identify this steps in this process.

10:18:20 >>CHARLIE MIRANDA: Ms. Mulhern?

10:18:22 >>MARY MULHERN: Mr. Shelby or Ms. Cole.

10:18:25 Here's way don't understand.

10:18:26 How is it that if we -- if we were to pass on first reading

10:18:30 this zoning change, and then we come back and then we're --

10:18:39 the petitioner comes back having filed the PD, but then we

10:18:43 vote on a second reading on the rezoning?

10:18:47 How is that?

10:18:48 So we're going to -- then that will be a whole new process?

10:18:55 Can you actually do this.

10:18:58 >>JULIA COLE: Yeah.

10:18:58 Absolutely.




10:18:59 You can file rezonings any time you want.

10:19:01 This is the way it would work.

10:19:03 Under what I understood, what Ms. Montelione is proposing.

10:19:09 >>MARY MULHERN: Wait.

10:19:09 Wait.

10:19:10 Let me ask you.

10:19:11 You could, between first and second reading, file a PD?

10:19:16 You can't do that can you?

10:19:20 >> Absolutely.

10:19:23 >>ABBYE FEELEY: She is speaking of filing a separate

10:19:26 application.

10:19:26 Not converting this RM to a PD.

10:19:28 Filing a separate application.

10:19:30 She could come into our office on this property tomorrow and

10:19:33 file a separate application.

10:19:36 >>MARY MULHERN: You could come in on the same property and

10:19:39 file multiple rezoning applications, the same petitioner?

10:19:43 Really?

10:19:44 >> Yeah, they can't be heard at multiple times.

10:19:46 But, this first one would be closed out and the other one

10:19:50 would be active.

10:19:51 >>MARY MULHERN: Is that correct?

10:19:58 >> Yes.

10:19:58 They can come and file a new application.

10:20:00 When it gets back to you, and it gets noticed, it would not




10:20:04 be then from RS-50 to PD.

10:20:07 It would be from RM-24 to PD.

10:20:09 So the filing of the application, assuming this is going the

10:20:16 way everybody is talking about, would be to that level of

10:20:21 change, from RM-24 to PD.

10:20:23 So it would stack in that way.

10:20:26 There's nothing legally that prohibits them from doing that.

10:20:29 They could come in tomorrow and file a new PD application.

10:20:32 You see multiple applications that get filed on a regular

10:20:36 basis and they do sometimes come in staggered.

10:20:39 But that is legally an option.

10:20:41 But what I want to be clear, what is legally not an

10:20:45 option -- and I want to be very clear of this, is having a

10:20:51 conditional motion of approval.

10:20:53 You can't deny an application because someone failed to

10:20:56 bring in a PD.

10:20:57 When, or failed to take that level of a step on a procedural

10:21:01 question.

10:21:02 However, Ms. Mulhern has made a motion, which included a

10:21:05 provisions in the comprehensive plan, which made this

10:21:08 application incompatible.

10:21:11 That level of a motion and testified in the record for that

10:21:14 on second reading would be just as viable as it is on first

10:21:18 reading.

10:21:18 So, that would be your denial basis at that time, if City




10:21:23 Council were so inclined.

10:21:25 But I don't want there to be a confusion that I feel

10:21:28 comfortable you can have a motion to approve conditionally

10:21:32 on filing another application.

10:21:34 >>MARY MULHERN: Okay.

10:21:35 One more question.

10:21:36 If you, if they file a PD and, but then we approve the

10:21:42 rezoning on a second reading, what is there to require them

10:21:49 to follow through with that?

10:21:54 >> I'd have to research and look into that it's not an

10:21:57 answer I can give da.

10:22:00 >> And I would hope that our representation, my personal

10:22:05 representation, their reputation, as DeBartolo development

10:22:11 would mean something, that we're not going to withdraw the

10:22:14 PD application.

10:22:15 But just to be clear, for my client's sake, is that what

10:22:19 we're proposing, what's being proposed is that tonight we

10:22:22 would have first reading on RM-24.

10:22:25 Within the next month, we would file a site plan controlled

10:22:29 zoning.

10:22:30 That would limit the use of the site to a school.

10:22:34 On April 5th, we would have second reading -- and if we did

10:22:38 so on April 5th, we would have second reading and adoption

10:22:42 of an RM-24 ordinance, subject to the public hearing that

10:22:45 occurs at second reading.




10:22:48 That way we could proceed with our permitting.

10:22:51 But in the meantime, we would have that application pending

10:22:54 to down zone the property to allow a school.

10:22:57 Which is all we ever wanted to do in the first place.

10:23:00 But that would give you the assurance only a school could be

10:23:02 constructed on that site and the neighborhood.

10:23:06 That's been our intent all along.

10:23:07 It's not been to have multifamily zoning.

10:23:10 It was timing issue.

10:23:11 And that would certainly accommodate our timing issue.

10:23:15 Because we could proceed in the meantime through the

10:23:18 development review process.

10:23:25 >>CHARLIE MIRANDA: Well, I'm pondering right now and

10:23:27 thinking.

10:23:28 This is unique.

10:23:32 I understand all the ramifications.

10:23:34 I want to make sure that we're legally strong on this, on

10:23:39 both issues.

10:23:41 That no one in the future can look back and say, something

10:23:45 that we did was incorrect.

10:23:46 To the best of my knowledge.

10:23:49 >> Can I ask a question?

10:23:51 >>CHARLIE MIRANDA: Yes, ma'am.

10:23:52 >>LISA MONTELIONE: Ms. Grimes?

10:23:55 Second read would be April 5th.




10:23:57 When would you be prepared to file that PD application?

10:24:02 >> Before April 5th.

10:24:04 We have building plans and site plans that are near

10:24:07 complete.

10:24:08 So I don't anticipate that it would be a problem at all

10:24:11 within the next month to file an application.

10:24:15 >>LISA MONTELIONE: So if we get to second reading and

10:24:17 Ms. Feeley advises us that you have not filed that PD

10:24:27 application as you say, we could move to deny the

10:24:31 application on April 5th.

10:24:35 >> I think legally...

10:24:38 >> You could based on whatever evidence that you have in the

10:24:40 record.

10:24:40 >>CHARLIE MIRANDA: You can go back legally to the evidence

10:24:40 --

10:24:45 >> Wait.

10:24:45 Well, I think I heard someone say before that the reason for

10:24:48 denial that was proposed today would still stand.

10:24:52 >>CHARLIE MIRANDA: That's right. Based on those facts, I

10:24:58 would say yes.

10:24:59 [ simultaneous conversations ]

10:24:58 >> Based on that fact of what was brought up today at law

10:25:02 school of VM Ybor, yes.

10:25:06 >> So, that is the reason I asked that question.

10:25:11 I was looking at timing.




10:25:14 >>CHARLIE MIRANDA: All right.

10:25:14 I have a vote night to take, Mr. Shelby.

10:25:19 >>MARTIN SHELBY: It would be my recommendation, Council,

10:25:21 that if you do wish to proceed with another motion that

10:25:23 would be in order.

10:25:24 A motion to close the public hearing, to read the ordinance,

10:25:28 and then to vote.

10:25:31 >>CHARLIE MIRANDA: We're going to do that.

10:25:33 >> Motion to close.

10:25:34 >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by

10:25:36 Mr. Reddick.

10:25:38 All in favor of the motion, please indicate by saying aye.

10:25:39 Opposed nay?

10:25:41 Motion to close unanimously passed.

10:25:44 All right.

10:25:44 Who wants to read this ordinance?

10:25:48 >>FRANK REDDICK: I'll read it, Mr. Chair.

10:25:50 Move an ordinance being presented for first reading

10:25:55 consideration, an ordinance rezoning the property in general

10:25:58 vicinity of 10916, 10922, and 1948 north Central Avenue and

10:26:05 404 east 10th avenue, in the City of Tampa, Florida and more

10:26:10 particularly described in section 1, from zoning district

10:26:14 classifications, RS-50, residential single-family to RM-24,

10:26:18 residential multifamily, providing an effective date.

10:26:22 >> Second.




10:26:23 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, have a

10:26:25 second by Mr. Cohen.

10:26:26 Any further discussion?

10:26:27 All in favor of the motion, please indicate by saying aye.

10:26:32 Opposed nay?

10:26:34 Motion passes unanimously.

10:26:35 >> Motion carried with Capin being absent.

10:26:37 Second reading and adoption will be on April 5th at

10:26:40 9:30 a.m.

10:26:41 >>CHARLIE MIRANDA: Okay.

10:26:41 Thank you very much.

10:26:42 And all of you be back.

10:26:44 I want to make sure that what we did today satisfies all the

10:26:47 parties.

10:26:48 Thank you so very much for attending.

10:26:51 Before by any further, there's a couple of things, first I

10:26:54 forgot at the beginning of the meeting to put into the

10:26:56 record although the clerk's office has it, the letter from

10:27:00 Ms. Capin saying she would not be here this evening.

10:27:03 Secondly, Bob McDonaugh, the interim director of economic

10:27:08 opportunity wrote -- I believe all of us have it -- to

10:27:10 myself and to all the Councilmembers, at the March 8th,

10:27:13 which was today, 2012 CRA meeting, the Mayor was out of

10:27:17 town, he has not been able to contact him by phone, he's in

10:27:21 Washington, D.C.




10:27:22 And he would like to speak to the Mayor regarding Kiley Park

10:27:27 before he made a decision.

10:27:28 I don't blame him, since he works for the Mayor.

10:27:31 So I want, when we receive and file these two documents, go

10:27:34 in with today's.

10:27:35 All right, I need a motion to receive and file.

10:27:38 I think Ms. Montelione made it, second by Mr. Reddick.

10:27:42 All in favor of that motion, please indicate by saying aye.

10:27:43 Opposed nay?

10:27:45 The ayes have it unanimously.

10:27:45 Information reports, for tonight.

10:27:48 Ms. Montelione?

10:27:51 >>LISA MONTELIONE: No business.

10:27:52 >>CHARLIE MIRANDA: Thank you.

10:27:52 Mr. Cohen?

10:27:53 >>HARRY COHEN: Yeah, do I have some new business Mr. Chair.

10:27:55 I apologize for the late hour.

10:27:57 But, I have a few items.

10:27:59 Number one, Sonya Little is scheduled to appear before the

10:28:04 City Council on March 15th under staff reports to provide a

10:28:08 five minute presentation on that 2011 comprehensive annual

10:28:13 financial report known as CAFR.

10:28:16 That particular presentation needs to be a public hearing.

10:28:21 So the motion is that it be set as a public hearing at that

10:28:24 time.




10:28:25 >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, second by

10:28:27 Ms. Montelione.

10:28:28 All in favor of that motion, please indicate by saying aye.

10:28:30 Opposed nay?

10:28:31 The ayes have it unanimously.

10:28:33 >> Second, I'd like to make a motion setting tack equity and

10:28:37 fiscal responsibility act, TEFRA hearing March 15th, on the

10:28:43 bay care health series, 2012 A.

10:28:48 >>CHARLIE MIRANDA: All in favor of the motion, please

10:28:50 indicate by saying aye.

10:28:50 Opposed nay?

10:28:53 The ayes have it unanimously.

10:28:54 >>HARRY COHEN: Third I'd like to set another public TEFRA

10:28:57 public hearing on April 5th, 2012 at 30:00 a.m. on the bay

10:29:01 dare health system bond series 2012.

10:29:05 >> Second.

10:29:05 >>CHARLIE MIRANDA: Motion by Mr. Cohen, have a second by

10:29:07 Ms. M Suarez.

10:29:09 All in favor of the motion, please indicate by saying aye.

10:29:11 Opposed nay the ayes have it unanimously.

10:29:14 >>HARRY COHEN: Also I'd like to ask for a commendation for

10:29:18 Kantor William Halbin celebrating his 90th birthday.

10:29:25 >> All in favor of the motion, please indicate by saying

10:29:26 aye.

10:29:27 Opposed nay?




10:29:28 The ayes have it unanimously.

10:29:31 >>HARRY COHEN: And finally, Mr. Chair, I would Lake to

10:29:34 encourage the citizens of Tampa to be a part of history and

10:29:39 to attend the inaugural Gasparilla music festival launch on

10:29:43 Saturday, may 10th, in downtown Tampa at Curtis Hixon park.

10:29:47 There will be 20 bands on three stages, very good food.

10:29:52 From dozens of the bay area's finest restaurants and food

10:29:55 truck.

10:29:56 It will be open from 11:00 a.m. to 11:00 p.m.

10:29:58 And there will also be children's event from 11 to 2:00 in

10:30:04 Kiley Gardens, the area that we discussed earlier today.

10:30:10 >>CHARLIE MIRANDA: Have a motion --

10:30:14 >>FRANK REDDICK: Did he say May 10th?

10:30:15 >> March 10th.

10:30:16 This Saturday from 11:00 a.m. to eleven p.m.

10:30:19 Again, that's the Gasparilla music festival.

10:30:21 >>CHARLIE MIRANDA: Ms. Mulhern?

10:30:24 >>MARY MULHERN: Thank you Mr. Chair.

10:30:25 Oh, I wanted to say -- Councilwoman Montelione real minded

10:30:31 me that today is international women's day.

10:30:33 We have another hour and a half to celebrate that and then I

10:30:41 did receive the memo from Mr. McDonaugh.

10:30:46 And I wanted to ask, just to make, to get on the agenda for

10:30:56 April, our April Council meeting.

10:31:02 April 5th, that's a month from now.




10:31:04 To just ask for a staff report from historic preservation.

10:31:07 I'm not asking this Councilmember to take any action on any

10:31:13 kind of designation, but just to ask because over the years,

10:31:18 I think like five years ago, our historic preservation

10:31:24 department actually had all of the information about trying

10:31:31 to get Kiley designated as a local historic, or give it

10:31:40 local historic designation.

10:31:42 And I think that I'm not asking for them to approve that,

10:31:46 I'm just asking for Dennis Fernandez and historic

10:31:49 preservation department to come to us and present us with

10:31:53 that information.

10:31:54 Hopefully, they can get, bring to us the application and all

10:31:58 the research that was done on that.

10:32:01 I don't even know -- I think it might have been even before

10:32:04 I was on council, but that's what I'd like to ask.

10:32:07 Not for us to take any official action.

10:32:10 >> Second.

10:32:11 >>MARY MULHERN: That will give plenty of time for the mayor

10:32:13 and historic preservation to do, you know.

10:32:17 >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by

10:32:19 Mr. Cohen.

10:32:20 All in favor of the motion please indicate by saying aye.

10:32:22 Opposed nay?

10:32:23 The ayes have it unanimously.

10:32:24 Anything else?




10:32:26 Okay.

10:32:26 Mr. Reddick?

10:32:28 >>FRANK REDDICK: No new business.

10:32:29 >>CHARLIE MIRANDA: Mr. Suarez?

10:32:30 >>MIKE SUAREZ: No new business.

10:32:31 >>CHARLIE MIRANDA: Okay.

10:32:32 If we make that receive and file motion yesterday?

10:32:35 >> Motion to receive and file.

10:32:37 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by

10:32:39 Mr. Suarez.

10:32:40 Further discussion of that motion?

10:32:42 All in favor of the motion, please indicate by saying aye.

10:32:44 Anyone else in the audience?

10:32:49 Stand adjourned.

10:32:50 (The meeting adjourned at 10:32 p.m.)

10:32:50



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