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TAMPA CITY COUNCIL

Thursday, July 26, 2012

6:00 p.m. session

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06:01:57

06:07:50 >>HARRY COHEN: Good evening, everyone.

06:07:52 Welcome to the July 26th, 2012 meeting of the Tampa City

06:07:56 Council.

06:07:57 Can we please call the roll?

06:07:59 >>MIKE SUAREZ: Here.

06:08:04 >>FRANK REDDICK: Here.

06:08:05 >>HARRY COHEN: Here.

06:08:09 >> Here.

06:08:11 >>HARRY COHEN: Before we begin I have a few items to read

06:08:14 into the record.

06:08:15 This is a memorandum from Charlie Miranda.

06:08:17 Please be advised they'll be unable to attend the City

06:08:20 Council meeting Thursday, July 26th as I will be out of

06:08:23 town.

06:08:24 I would appreciate my absence being read into the record.

06:08:28 And I also have a memorandum here from councilwoman Lisa

06:08:33 Montelione.

06:08:34 I will be absent during our England use meeting on Thursday,

06:08:37 July 26th due to a funeral.

06:08:40 Please read my absence into the record.

06:08:42 Councilwoman Capin told us that she will be here, and she

06:08:46 should be arriving sometime fairly shortly.

06:08:50 But given the fact that we are starting tonight with four,

06:08:54 and that then we are going to have only five members, I

06:08:57 would like Mr. Shelby to tell council members as well as

06:09:02 petitioners and those in the audience what the rules are

06:09:05 when there are only -- less than seven of us present.

06:09:10 >>MARTIN SHELBY: Council rule 6c states if at a

06:09:17 quasi-judicial public hearing only four members of City

06:09:20 Council are available to take action, then any petitioner

06:09:22 shall have the right to continue the matter until there are

06:09:25 a minimum of five members.

06:09:26 If there is less than a full council, let's say five or six,

06:09:30 then a petitioner may request a to continue a matter but it

06:09:33 will not be as a matter of right.

06:09:36 So in effect what we are saying then is that if there are

06:09:39 only four council members, a petitioner can choose to have

06:09:43 the case heard, but it would require a unanimous vote.




06:09:47 Otherwise, if you get less than four, which is what the

06:09:52 charter requires to take action, rule 6-H states that if a

06:09:57 motion in a quasi-judicial matter fails to receive at least

06:10:02 four votes the motion fails, and if another motion -- let's

06:10:06 say if it's a motion to approve, if a motion to deny is not

06:10:11 made or motion to continue is not made, then the public

06:10:14 hearing shall be automatically reopened and continued to a

06:10:18 time certain at the next regularly scheduled council

06:10:21 meeting.

06:10:21 So, in effect, council, and to inform the public, is that in

06:10:26 order for council to take action, it requires four votes,

06:10:30 and there being only four council members, therefore it is a

06:10:33 heavy burden because it requires a unanimous vote.

06:10:36 So if there are only four council members, and you wish to

06:10:39 ask for a continuance, council, pursuant to its own rules

06:10:44 does not have the discretion and has to grant you that

06:10:47 continuance.

06:10:47 >>HARRY COHEN: I am told that Councilwoman Capin will be

06:10:53 here in about 10 minutes.

06:10:54 So this is what I propose that we do.

06:10:57 I would like to open the public hearing on items 3 through

06:11:00 7.

06:11:01 Those are the items that we are going to hear tonight and

06:11:03 give any petitioner that would like to, the opportunity up

06:11:09 front to ask for a continuance.




06:11:15 We have a motion from Councilman Reddick and a second by

06:11:17 Councilwoman Mulhern.

06:11:19 Any discussion?

06:11:21 All those in favor please indicate by saying aye.

06:11:24 Okay.

06:11:24 And we have none opposed.

06:11:26 So with that, I would like to ask --

06:11:32 >>MIKE SUAREZ: Since Councilwoman Capin is not here, she

06:11:35 arrives during the course of a particular item being heard,

06:11:39 can she still vote on it?

06:11:43 >>HARRY COHEN: What I was going to suggest is once we

06:11:45 dispense with the continuances, we wait to begin until she

06:11:49 comes so that we don't have to have any, you know,

06:11:52 repetition, she'll ho hear the whole thing.

06:11:56 She will be here momentarily.

06:11:57 >>MIKE SUAREZ: Thank you.

06:11:59 >>HARRY COHEN: With that the public hearings are open

06:12:00 F.there is a petitioner here representing items number 3, 4,

06:12:05 5, 6 or 7 that would like to ask for a continuance, now

06:12:09 would be the time to approach and do so.

06:12:18 No one.

06:12:19 Okay.

06:12:20 Then we will -- I think we will take a short recess and

06:12:25 reconvene as soon as councilwoman Capin is here, and we'll

06:12:29 hear item number 3.




06:12:30 Thank you.

06:12:31 >> (City Council in recess)

06:22:34 [Sounding gavel]

06:22:35 >>HARRY COHEN: Tampa City Council is back in session.

06:22:38 We have all five members that are going to be present here

06:22:41 tonight with us.

06:22:42 Before we move to item number 3, may I please have a motion

06:22:46 to remove items number 1, 2 and 8?

06:22:52 Oh, roll call first.

06:22:54 >>MIKE SUAREZ: Here.

06:22:56 >>YVONNE CAPIN: Here.

06:22:56 >>FRANK REDDICK: Here.

06:22:58 >>HARRY COHEN: Here.

06:23:00 >>MARY MULHERN: Here.

06:23:01 >>HARRY COHEN: May I please have a motion to remove items

06:23:05 number 1, 2 and 8 from tonight's agenda?

06:23:08 >> So moved.

06:23:09 >>HARRY COHEN: Motion by Suarez, seconded by Mulhern.

06:23:19 May I also have a motion to receive and file items presented

06:23:25 in the quasi-box outside?

06:23:29 >> So moved.

06:23:30 >> Second.

06:23:30 >>HARRY COHEN: All in favor?

06:23:33 Yes, Mr. Shelby?

06:23:34 >>MARTIN SHELBY: I'm sorry, with regard to number 8, I




06:23:36 believe Ms. Feeley would like to you take action to

06:23:39 reschedule to another date.

06:23:40 >>ABBYE FEELEY: Land Development Coordination.

06:23:49 The misnotice on number 8, I would request that you

06:23:52 reschedule that case for September 13th at 6:00 p.m.

06:23:57 >>HARRY COHEN: Okay.

06:23:58 Let me just point out to everyone, I did have a discussion

06:24:01 with the clerk this afternoon.

06:24:03 The September 13th evening agenda is very, very packed

06:24:08 and busy.

06:24:08 So as we move through the evening, everyone should keep that

06:24:11 in mind if we start getting into discussions about

06:24:15 rescheduling things.

06:24:16 We do have another evening meeting scheduled for August

06:24:19 9th, and that is not as busy an agenda as the one on the

06:24:22 13th.

06:24:23 >>ABBYE FEELEY: I did try to put it on August 9th.

06:24:26 They just don't have time to redo the notice.

06:24:29 >>HARRY COHEN: If I could have a motion.

06:24:32 >>MIKE SUAREZ: Motion to move item 8 to September 13th

06:24:36 at 6 p.m.

06:24:37 >>HARRY COHEN: Thank you.

06:24:38 We have a motion from Councilman Suarez, seconded by

06:24:41 Councilwoman Capin.

06:24:42 All those in favor please indicate by saying aye.




06:24:47 And with that, can we please swear in the witnesses for

06:24:51 items 3, 4, 5, 6 and 7 which we opened the public for

06:24:54 earlier?

06:24:55 >>HARRY COHEN: Item number 3.

06:25:07 >>ABBYE FEELEY: Land Development Coordination.

06:25:12 Item number 3 on your agenda tonight is Z-12-13 located at

06:25:16 1217 west Linebaugh Avenue.

06:25:19 The request buff this evening is from an RO-1 residential

06:25:23 office to PD planned development office, business

06:25:26 professional and medical, and all RO-1 uses with the

06:25:31 exception of personal services.

06:25:32 There would be no personal services on this development.

06:25:39 There are seven waivers being requested.

06:25:42 The first is from section 13-161 to reduce the vehicle area

06:25:47 buffer along the west from 8 feet to 2.5 feet, a total of 99

06:25:52 square feet.

06:25:53 Reduction, section 27-130, reduce the required use buffer

06:25:58 along the north from 15 feet to the 6-foot wall to 3.3 feet

06:26:03 with a 6-foot solid wood fence.

06:26:07 Section 27-242, reduce the required parking from eight

06:26:10 spaces to four spaces.

06:26:13 Section 27-246 J-1 to allow commercial access to a local

06:26:17 street, north Willow Avenue.

06:26:21 Section 27-246-A, reduce the drive aisle width from 24 feet

06:26:27 to 21 feet.




06:26:28 27-246-A, reduce the parking area from 7 feet to 5 feet.

06:26:33 And the last is to reduce the required lot size from 10,000

06:26:36 square feet to 7,150 square feet for medical office within

06:26:41 this district.

06:26:42 I'll defer to Mr. Garcia.

06:26:51 >>TONY GARCIA: Planning Commission staff.

06:26:52 I now have been sworn in.

06:26:58 We have a little variety tonight of the cases you will be

06:27:01 hearing this evening as far as where they are located at,

06:27:04 the planning district for the City of Tampa.

06:27:05 The first one before you that Ms. Feeley has already

06:27:08 described to you is located at the southern end of the

06:27:10 university district area located more specifically in the

06:27:13 Forest Hills neighborhood.

06:27:17 Let me show you the future land use map for the area.

06:27:22 Here is Linebaugh, a half mile west of North Boulevard, so

06:27:30 along North Boulevard if you were to go on Busch and go up

06:27:33 to Chamberlain and go down to North Boulevard and hang a

06:27:36 left on Linebaugh, go down about a quarter mile, you would

06:27:39 be hitting this area.

06:27:40 Land use categories are residential 20 along this particular

06:27:44 segment of Linebaugh, residential 10, which allows primarily

06:27:48 single-family detached, and then into the Forest Hills

06:27:51 neighborhood where you have a larger RS-75 lots near the

06:27:56 golf course here in this corner represented by the green




06:27:59 color which is recreational open space.

06:28:02 To show you the aerial and give you a more little of the

06:28:06 existing area, again there's the golf course.

06:28:09 Here is Linebaugh.

06:28:10 Most of the uses along here, in this part, particular

06:28:16 segment from North Boulevard westerly.

06:28:19 If particular uses is nonresidential use presently,

06:28:22 primarily for a change of use.

06:28:25 There are several institutional uses, some churches in the

06:28:29 area as well as some low intensity office uses that are

06:28:32 going to be very similar in intensity and scale to what's

06:28:36 being presented to you this evening by the applicant.

06:28:38 Planning Commission staff based on that information finds

06:28:40 the proposed request consistent with the comprehensive plan.

06:28:42 Thank you.

06:28:42 >>ABBYE FEELEY: Land development.

06:28:49 The property we are currently speaking of tonight was

06:28:52 rezoned back in 1994 from RS-60 to RO-1 for business

06:28:57 professional office.

06:28:59 The applicant tonight is seeking to utilize the property for

06:29:05 a dental laboratory which is a low intensive medical use,

06:29:10 and also to allow for RO-1 uses, and originally it was

06:29:17 requested that personal services be allowed, but per

06:29:22 discussion with the applicant they are going to take the

06:29:23 personal services off which would be beauty salon or




06:29:27 barbershop or something like that.

06:29:29 So let me just go over the specifications, again show you

06:29:32 where you are, give you a little photo display of the area.

06:29:39 The existing structure on the property was constructed in

06:29:41 1958.

06:29:42 The subject property is 55 by 130 for a total 7,152 square

06:29:48 feet.

06:29:49 It's surrounded by north gate Baptist church to the west,

06:29:52 business professional and medical office to the east,

06:29:55 business professional office to the south, place of religion

06:30:00 assembly also to the southwest, and residential to the

06:30:03 north.

06:30:04 The PD setbacks are for the existing structure on the

06:30:07 property, north 45 feet, south 30.7 feet, west 12.8 feet and

06:30:13 east 15.9 feet.

06:30:16 The east would be three fourths of the solid waste

06:30:19 enclosure.

06:30:20 Maximum building height is positive 30th feet.

06:30:22 Based on the most intensive us use being proposed, the

06:30:25 required parking would be eight spaces.

06:30:28 There are four spaces being proposed on-site, no waiver is

06:30:34 being requested for the deficit.

06:30:35 However the applicant has provided a parking agreement with

06:30:39 the church to the west, they have an agreement for 60 TACE

06:30:42 spaces -- I'm sorry, 11 spaces, I believe, for 50 years.




06:30:49 Let there's a long-term lease for 50 years for the church

06:30:52 for six spaces.

06:30:54 Joe so overall it would give them 10 spaces.

06:30:57 And I do have a copy of that agreement in my files.

06:31:04 I will go ahead and show you the property.

06:31:09 As Tony showed you on the future land use map, here is the

06:31:12 property shown in green.

06:31:14 Linebaugh is to the south.

06:31:16 Willow is to the east.

06:31:18 New Port -- I'm sorry, Willow is to the west, New Port to

06:31:21 the east.

06:31:24 There are several RO 1 zonings, and it's kind of hard to see

06:31:28 with the platted lot lines.

06:31:30 There's the PD to the southeast.

06:31:33 And there are some nonconforming uses along Linebaugh that

06:31:38 have been there for a long time.

06:31:43 CJ's tavern is down at the corner here.

06:31:45 Here is the aerial.

06:31:46 As I mentioned there is a church directly to the west.

06:31:49 There is also another church to the southwest.

06:31:52 And there are a series of offices traveling east along

06:31:57 Linebaugh.

06:32:00 Here is the subject property.

06:32:03 This is looking north from Linebaugh.

06:32:06 This is the west.




06:32:08 Of the property.

06:32:12 Along Willow.

06:32:13 This is moving north along Willow.

06:32:15 This is the residence immediately north of the property.

06:32:21 This is back on Linebaugh to the east.

06:32:25 Another smaller office.

06:32:26 Another smaller office.

06:32:28 Here is a look to the east along Linebaugh.

06:32:33 This is to the west along Linebaugh.

06:32:38 This is the church at the southwest corner of Linebaugh and

06:32:42 Willow.

06:32:47 This is at the northwest corner of Linebaugh and Willow.

06:32:51 I also took a couple shots going down Willow.

06:32:54 This is the side of the church that interfaces with the

06:32:59 subject property.

06:33:00 And there is a residence at the southeast corner of the

06:33:04 intersection.

06:33:10 In your staff report, you will find staff findings for the

06:33:13 development review committee.

06:33:16 Transportation has some site plan modifications that it

06:33:20 needed to be made between first and second reading.

06:33:24 Land development also, based on my conversation with the

06:33:28 applicant, we do need them to remove all references to the

06:33:30 personal services as on the plan, if it is not their intent

06:33:34 to have that, also to revise waivers one as indicated on




06:33:39 page 1, revise all waivers as indicated on page 1 of the

06:33:42 staff report.

06:33:43 Solid waste also just needed the setbacks corrected to show

06:33:47 the refuse cart enclosure and also for the minimum four-foot

06:33:52 wide oh paying door and Topping opening to the enclosure.

06:33:57 With those recommendations staff would find the request

06:34:00 consistent.

06:34:01 Thank you.

06:34:01 >>MARY MULHERN: All those stipulations you just made, are

06:34:08 they on your revision sheet?

06:34:12 >>ABBYE FEELEY: Yes, they are.

06:34:13 >>HARRY COHEN: Petitioner?

06:34:16 >> Good evening, chairman Cohen.

06:34:24 My name is Ty Maxcy with Inglehart and Hammer. I represent

06:34:29 the contract purchaser.

06:34:33 Abbye gave a great explanation of the property.

06:34:35 It's already been zoned for office use.

06:34:37 The primary purpose of this PD is to allow the dental

06:34:40 laboratory use which is actually a lower intensive use than

06:34:44 was out there today.

06:34:45 Mr. Bernardo Sosa with dental creations is with me tonight

06:34:50 and we are happy to answer any questions if you have any.

06:34:52 >>HARRY COHEN: Councilwoman Capin.

06:34:57 >>YVONNE CAPIN: How many parking spaces are there now?

06:34:59 It's paved.




06:35:00 >> Those are parking places that were installed, not by my

06:35:07 client, but prior, and they were apparently installed within

06:35:10 the right-of-way.

06:35:11 So we are correcting that problem and removing those parking

06:35:15 spaces from the right-of-way and bringing in the parking

06:35:19 interior to the site in accordance to the code.

06:35:20 >> Okay, thank you.

06:35:25 >>HARRY COHEN: Is there anyone from the public that would

06:35:29 like to comment on this petition?

06:35:33 I don't see anyone.

06:35:35 Are there any questions or comments from council members?

06:35:37 >>FRANK REDDICK: Move to close.

06:35:41 >>YVONNE CAPIN: Second.

06:35:42 >>HARRY COHEN: Motion to close by Councilman Reddick,

06:35:45 seconded by Councilwoman Capin.

06:35:47 All those in favor?

06:35:50 Okay.

06:35:53 Councilman Suarez, will you please take ordinance item

06:35:56 number 3?

06:35:57 >>MIKE SUAREZ: I present an ordinance being presented for

06:36:03 first reading consideration, an ordinance rezoning property

06:36:05 in the general vicinity of 1217 west Linebaugh Avenue in the

06:36:09 city of Tampa, Florida and more particularly described in

06:36:11 section 1 from zoning district classification R 10th-1

06:36:17 residential offered to PD planned development office,




06:36:20 business, professional and medical and all RO-1 uses,

06:36:24 including the revision sheet as provided to us by land use

06:36:29 department, and providing an effective date.

06:36:31 >> Second.

06:36:34 >>HARRY COHEN: We have a motion by Councilman Suarez,

06:36:36 seconded by Councilwoman Mulhern.

06:36:39 All those in favor please indicate by saying aye.

06:36:42 Okay, the motion passes.

06:36:43 >>THE CLERK: Motion carried with Miranda and Montelione

06:36:46 being absent.

06:36:47 Second reading and adoption will be on August 16th at

06:36:50 9:30 a.m.

06:36:51 >>HARRY COHEN: Thank you.

06:36:54 We now move to item number 4.

06:36:56 >>ABBYE FEELEY: Land Development Coordination.

06:37:28 Item number 4 on your agenda this evening is application

06:37:33 V-12-194 located at 403 and 405 South Westland Avenue, and

06:37:39 the request buff tonight is for a special use for a parking

06:37:42 off-street commercial.

06:37:46 There are six waivers being requested with this application.

06:37:52 The first is section 27-246-A to allow the aisle width

06:37:57 between parking stalls to be reduced from 26 feet to 24

06:38:00 feet.

06:38:01 The second is 27-246-B-1 to allow for the amount of compact

06:38:07 parking spaces to be increased from 65% to 100 percent.




06:38:10 The third is to commit the parking lot to -- permit the

06:38:13 parking throttle extend an additional 45 feet from the

06:38:16 boundary of the commercial zoning lot.

06:38:19 The fourth is to allow the commercial parking lot be

06:38:21 separated from the commercial use it will serve by an Allie.

06:38:27 The fifth is 27-272 east, reduce the normal boundary use

06:38:32 buffer from 15 feet with a 6-foot masonry concrete wall to

06:38:36 8.5 feet with a concrete masonry wall.

06:38:39 And the last is 27-272-E to reduce the southern boundary use

06:38:44 buffer from 15-foot with a 6-foot concrete masonry wall to

06:38:48 8.5 feet with a concrete masonry wall.

06:38:51 I'll defer to Tony and then finish my presentation.

06:39:02 >>TONY GARCIA: Planning Commission staff.

06:39:04 I have been sworn in.

06:39:12 The current case before you is located within the central

06:39:15 planning district on your planning map, on your vision map

06:39:19 that you see before you on the Elmo.

06:39:20 This is located in the SoHo area.

06:39:22 It's located south of the intersection of Platt and Howard

06:39:27 Avenue.

06:39:35 The land use category for this site is residential 35, the

06:39:39 subject site along west lane.

06:39:44 This is Howard.

06:39:44 Land use categories here are CMU 35.

06:39:47 CMU 35 allows for neighborhood commercial and general




06:39:50 commercial serving uses as well as multifamily development

06:39:54 of densities.

06:39:58 What you have on this particular site as one traverses

06:40:03 eastward from Howard Avenue is really going to be a

06:40:09 residential character type of feel.

06:40:12 This is pretty much all residential.

06:40:14 You are going to have town home development, in this

06:40:18 instance you have attached project in this area of

06:40:21 residential projects as well as single-family detached

06:40:24 projects.

06:40:26 The residential -- you have things built as recently as

06:40:34 2006, 2007, and as far back as into the 1920s as far as

06:40:38 some of the bungalows.

06:40:40 Probably further back, I'm sure some of the residents that

06:40:43 live in the area can probably attest to something a little

06:40:46 earlier than 1920 but I do believe there are bungalows circa

06:40:51 that area.

06:40:55 1924.

06:40:56 To give you a little more context, as you can see, Cleveland

06:41:00 street is several blocks to the north.

06:41:02 We have the east-west collectors of Cleveland, Platt.

06:41:06 Here is Howard.

06:41:07 And here is Armenia.

06:41:10 As you can see, the characters along South Howard is

06:41:13 primarily general commercial or specialty retail types of




06:41:18 uses.

06:41:19 The uses from Platt, from Cleveland all the way down to

06:41:23 Swann, are primarily residential in character.

06:41:29 The request here is for a nonresidential use primarily.

06:41:32 This is going to be a parking use that is ancillary parking

06:41:38 serving the primary commercial use which is located just to

06:41:40 the west of the site right here along this segment of Howard

06:41:45 Avenue.

06:41:46 As I have already stated to you before, the character on

06:41:50 Westland is the variety majority of it is really

06:41:53 residential.

06:41:56 There's one nonresidential use up here on the end.

06:42:02 There's nonresidential use here on Swann.

06:42:04 But the orientations are to the collector roads of Platt and

06:42:08 to Swann.

06:42:11 This request, if allowed, will allow -- this will allow --

06:42:18 the only double lot on west land between the segments that

06:42:21 are shown here for a nonresidential commercial-serving use.

06:42:26 The ancillary parking that's going to be asked for this

06:42:30 site.

06:42:31 This encroachment into the residential neighborhood, it's

06:42:34 not reflective of the character.

06:42:37 The interface for these residential units over here would

06:42:40 primarily be a landscape buffer along this particular

06:42:45 segment that represent these two lots.




06:42:50 This is not consistent with policy and objectives

06:42:54 specifically contained within the comprehensive plan

06:42:56 specifically objective 13.1 which talks about respecting

06:43:00 Tampa's unique history of natural environment and sense of

06:43:04 community identity as the city changes and evolves.

06:43:06 As this area, Oscawana, Courier City, although it has

06:43:13 developed developmentally in a residential capacity over the

06:43:15 past 10-12 years you still have historical precedence in the

06:43:18 area.

06:43:19 Also policy 13.1.3 which talks about relating new buildings

06:43:21 and development to the context of the neighborhood and

06:43:23 community and also specifically related to commercial

06:43:26 development, policy 18.6.1 which talks about development of

06:43:31 commercial uses in character and/or scale with the general

06:43:34 look and scale of the community and in context with the

06:43:36 district.

06:43:37 Again, one of the most significant things that I will bring

06:43:39 to your attention once again is this would set a precedent

06:43:42 for this area along Westland for the opportunity in the

06:43:46 future of other potentially residential properties that may

06:43:49 be considered for similar types of uses.

06:43:53 So this again endangers the existing residential character

06:43:57 that the residents of the Oscawana Courier City have been so

06:44:01 vigilant in trying to retain.

06:44:03 That being the case Planning Commission staff and their




06:44:05 findings of fact have a finding of inconsistency with the

06:44:09 proposed request before you this evening on this particular

06:44:12 project.

06:44:12 Thank you.

06:44:33 >>ABBYE FEELEY: Land Development Coordination.

06:44:39 The applicant is requesting a special use for the property

06:44:42 for a commercial off-street parking lot for 40 spaces.

06:44:48 The property is surrounded by residential to the north,

06:44:51 south and east, and commercial uses along the alley to the

06:44:54 west, which would be Howard Avenue.

06:44:59 Tony showed you the aerial.

06:45:02 I would like to show you my photos of the site.

06:45:09 The most infamous zoning sheet which I think we have in the

06:45:25 city which is I-11.

06:45:27 I-11 I think is the most heavily concentrated PD

06:45:31 configuration within the zoning atlas for the city.

06:45:42 Here is the site shown here in green.

06:45:44 There is an alley to the west.

06:45:46 Access for this parking lot before you this evening is being

06:45:49 proposed off of that alley.

06:45:52 Unique situation that goes with that alley is that the

06:45:54 property to the south, which is RM-24 has two, three, four,

06:46:04 I believe 12 residential units.

06:46:07 Six which front the alley and six which front on Westland.

06:46:14 There was a presentation to the City Council about six or




06:46:19 search years ago by Gloria Moreda the planning manager who

06:46:23 talks about the alley and how many of these historical PDs

06:46:26 from the late 90s and regular RM-24 development were

06:46:31 fronting on alleys and using alleys takes main access into

06:46:35 the residential units.

06:46:38 The PD to the north of us also has access to one of the

06:46:42 units, so this is not just an alley that serves the

06:46:46 commercial uses along Howard, or just the residential uses

06:46:50 along Westland.

06:46:52 It is actually the front yard of six units on Westland.

06:46:57 And I'll show you the pictures of those units.

06:47:04 >>YVONNE CAPIN: (off microphone) oh, I'm sorry.

06:47:08 >>ABBYE FEELEY: It's right where this red line is here.

06:47:14 >> This is Howard here.

06:47:17 Azeele to the north.

06:47:18 And Horatio to the south.

06:47:22 As Tony mentioned, from Platt down to Swann, the predominant

06:47:27 use is residential with the exception at the arterial -- at

06:47:38 Platt and Swann.

06:47:39 This PD here is office.

06:47:40 It was prior at church.

06:47:44 This PD is office.

06:47:45 This you will remember is the blockbuster subway that has

06:47:48 the application or approval for a chase bank.

06:47:51 Then at the north end you have the pizza, there's one lot




06:47:56 that's a salon, on the other side are some offices.

06:47:59 I will go ahead and show you of the everything else as you

06:48:01 move down within the local street is residential.

06:48:12 One other thing I would like to mention, in my staff report

06:48:16 I reflect that I had did do an inventory of the development

06:48:19 along that area.

06:48:21 The predominant development occurred prior to 1960s.

06:48:28 68% of the development along this corridor occurred prior to

06:48:31 1960.

06:48:42 We are going to start with the second property.

06:48:44 This is from Westland.

06:48:47 This is the south of the two lots.

06:48:49 And this is the north of the two lots.

06:48:52 You will see it was used as a residential.

06:48:56 There's the apron for the driveway.

06:48:58 Another shot of the second lot.

06:49:02 I'm moving up north now towards Azeele.

06:49:05 There's some existing vegetation.

06:49:09 At the northeast corner of the lot.

06:49:15 This is the PD that I discussed with you, just north.

06:49:18 It has a 5-foot setback off the property line to the south.

06:49:29 And that is coming looking -- coming down Azeele.

06:49:38 This is the subject site.

06:49:39 I am going to move south down Westland.

06:49:42 Here is a look at the southern part of the lot looking




06:49:46 toward the adjacent residential.

06:49:51 The setback for the RM 24, to the south, is 7 feet.

06:49:57 The proposed buffer for the parking lot is 8.5 feet.

06:50:00 That would be a total of 16.5 feet.

06:50:08 These other units that face on Westland, and then there is

06:50:12 identical units that face on the alley.

06:50:21 Traveling down the other side of Westland -- oh, I am one

06:50:29 block too high.

06:50:33 This is at Azeele and Westland on the east side of the

06:51:07 street starting to travel south.

06:51:09 There is the residence at the corner.

06:51:12 This would be directly across from the proposed parking lot.

06:51:18 This is still travel south.

06:51:21 This is also residential.

06:51:24 They have parking in the front.

06:51:30 This is another single-family residence, still traveling

06:51:33 south in that same segment.

06:51:35 Another single-family residence.

06:51:37 And this is a town home single-family attached at the corner

06:51:42 of Horatio and Westland.

06:51:54 The subject is parking lot before you this evening is

06:51:56 requesting to service located on South Howard Avenue.

06:52:02 >> Councilman Capin, that was my question.

06:52:04 >> Is it particular to a business that is -- okay.

06:52:09 >>ABBYE FEELEY: Yes, it is.




06:52:13 There are also conditions on the request buff this evening.

06:52:16 It would be a valet lot accessing off the alley and

06:52:20 providing service to The Yard of Ale, from Howard.

06:52:30 This would be the access into the lot.

06:52:34 The parking lot is actually behind this.

06:52:37 I'll show you another picture.

06:52:38 I just want to orient you as you pull in heading east.

06:52:42 There are residences in front of you and then the lot would

06:52:44 be over to the north just a little bit.

06:52:49 Coming through.

06:52:51 Here is a picture from the valet, where the valet sign was

06:52:56 put away at the business, looking back toward the lot.

06:53:02 This is from the back of the lot looking back toward Howard.

06:53:08 Now going along the alley, this is a shot from the proposed

06:53:14 lot looking back toward Yard of Ale.

06:53:19 This is ShakaLOD.

06:53:30 Some of you may be familiar.

06:53:31 That traffic pattern is in between there.

06:53:36 This is the subject property.

06:53:43 There is an existing structure on there.

06:53:46 This is what's on there now.

06:53:47 This is looking from the alley back toward Westland.

06:53:53 These are the residences along the alley.

06:53:56 This is immediately to the south.

06:53:59 It appears that each residence has a single-car garage and a




06:54:04 parking pad next to it so two spaces for each residence as

06:54:07 you travel south along the alley.

06:54:10 Here is another one.

06:54:13 And still heading south.

06:54:15 South.

06:54:16 That same situation.

06:54:21 South.

06:54:30 I did go over the dimensions of the alley. It is a 20-foot

06:54:34 platted alley but the asphalt is only about 10 feet.

06:54:41 It appears that where these cars end is right here, is the

06:54:45 start of the right-of-way.

06:54:47 And then also it's over on this side.

06:54:53 So it's not a full 20-foot for the passage of a vehicle.

06:55:01 Look at actual condition of the alley.

06:55:04 Looking up the alley.

06:55:07 The one car as you can see, two vehicles could not pass in

06:55:17 this alley.

06:55:19 When I pulled up, there was some work being done for one of

06:55:24 the businesses along Howard, and then a vehicle trying to

06:55:28 get down the alley.

06:55:30 We did have to wait for those two vehicles to go ahead and

06:55:34 move out of the way until there was passage.

06:55:43 Staff did find the request before you this evening

06:55:56 inconsistent both with the comprehensive plan as well as

06:55:59 what the special use criteria.




06:56:01 If I may for just a moment, every zoning district in the

06:56:05 city has a set of what is permitted uses.

06:56:08 That means those are the uses that are allowed by right.

06:56:12 Special uses are what we consider conditional uses.

06:56:16 Those uses can be considered for approval, but there's a set

06:56:22 of criteria that travel along with each of those uses.

06:56:25 In some instances those criteria are approvable

06:56:30 administratively.

06:56:31 That is a special use 1, such as a drive-through window in a

06:56:35 commercial intensive zoning district.

06:56:38 Some of those uses are approved by you for your

06:56:43 consideration, and those are special use 2.

06:56:45 That would be a drive-through window in a CT which is

06:56:50 something that you are more accustomed to, or place of

06:56:53 religious assembly within a residential.

06:56:55 There are criteria that need to be considered when those

06:56:58 applications are coming before you.

06:57:00 Those are the criteria that say, if this use is considered,

06:57:05 then these are the criteria that would make it appropriate.

06:57:09 I would like to go over those criteria for you in relation

06:57:12 to the off-street commercial parking lot.

06:57:23 The first criteria is that the property to be used for

06:57:27 commercial parking must be immediately adjacent to and not

06:57:29 separated by a street right-of-way from the commercial use

06:57:32 that it will serve.




06:57:34 This parking lot is separated by the an alley.

06:57:40 The second is the commercial use which is served by the

06:57:43 parking must be located in an office or commercial district

06:57:46 and must be a conforming use in that district.

06:57:49 The restaurant is a conforming use in the district that it

06:57:53 is located.

06:57:54 So that standard has been met.

06:57:56 The third is that in residential zoning districts, in the RO

06:58:00 district, which this is a residential zoning district, the

06:58:03 size of the property to be used for parking shall be based

06:58:06 on the size of the commercial or office use and the impact

06:58:10 of this intrusion into the surrounding residential area.

06:58:13 However, in no case shall the parking area extend more than

06:58:18 100 feet from the closest boundary of the commercial or

06:58:20 office zoning lot.

06:58:23 This lot extends 145 feet from the commercial lot which it

06:58:27 serves.

06:58:27 Therefore, a waiver to this criteria is being requested.

06:58:32 If this lot was not separated by the alley, it would still

06:58:35 be exceeding 600 feet because if you take away the 20-foot

06:58:41 alley from the 145 feet you are still at 125 feet.

06:58:45 From the lot that it serves.

06:58:48 The commercial parking shall only be used for parking of

06:58:51 operative vehicles used by employees, customers and clients

06:58:54 of the office, commercial use.




06:58:56 No storage of inoperable vehicles, open storage, commercial

06:59:00 trucks or vans, open display of vehicles, et cetera.

06:59:03 It appears based on the site plan that this standard is also

06:59:07 being met.

06:59:09 The last standard is that the commercial parking shall be

06:59:12 screened from all adjacent residential uses in accordance

06:59:16 with the requirements of section 27-130.

06:59:21 27-130 requires a 15-foot buffer with a 6-foot masonry wall

06:59:26 on both the north and south boundary of this, as well as a

06:59:31 5-foot on Westland, a 5-foot buffer or 6-foot masonry wall

06:59:36 across from the residential.

06:59:39 Waivers are being requested to the northern boundary from 15

06:59:43 feet to 8.5 feet, and the southern boundary from 15 feet to

06:59:47 8.5 feet.

06:59:51 In addition to the waivers being requested to the criteria,

06:59:55 there are also waivers being requested to the standard for

07:00:01 our parking such as 100 percent compact instead of the 65%,

07:00:07 and the drive aisle width, which is the standard reduction

07:00:12 which is typical.

07:00:17 In addition to the specific criteria for each of your

07:00:20 special uses, there is a general set of standards which

07:00:25 special uses are governed by, and that's provided to you on

07:00:27 page 4 of your staff report.

07:00:29 Section 27-269.

07:00:31 If I may, I would like to just go over two of the five of




07:00:36 those.

07:00:36 I did provide you -- I did provide you on pages 3 through 7

07:00:51 all of the general standards, but I would like to just go

07:00:56 over a couple of them.

07:00:59 General standards 27-269-3 says the use is compatible with

07:01:05 contiguous and surrounding property or the use is a public

07:01:08 necessity.

07:01:10 Staff found that the proposed use is not compatible with

07:01:13 contiguous surrounding residential uses.

07:01:16 The site is surrounded by residential to the north, south

07:01:18 and east.

07:01:19 There are commercial uses to the west.

07:01:21 However, it is across the alley, and is the rear of the

07:01:25 businesses along Howard.

07:01:26 Further, the north-south alley that's actually being

07:01:29 proposed as access is the front yard of residences to the

07:01:35 south of the proposed lot.

07:01:39 Number 5 talks about the use will not establish a precedent

07:01:43 of or encourage more intensive or incompatible uses in the

07:01:47 surrounding area.

07:01:48 As Tony mentioned to you, this would be the first commercial

07:01:53 use along Westland with the exception of those nodes which

07:01:56 were established in 1923, 1927, 1959, those uses at the end,

07:02:04 and early 2000 at the south, and would set a precedent for

07:02:12 continuation of other commercial uses to then be introduced




07:02:16 to what has historically and the existing development been a

07:02:20 residential street.

07:02:22 Staff does acknowledge that there is a parking issue in this

07:02:26 part of the city.

07:02:27 There is no doubt.

07:02:28 In fact, this is one of the three parts of the city that has

07:02:32 a residential parking permit program to protect the

07:02:36 residential streets of this area.

07:02:40 I did pull that map for you.

07:02:44 I do want to show you.

07:02:48 This was adopted December of 2008.

07:02:52 The blue here was phase 1 of the residential, and it starts

07:02:58 on Howard and it goes east to Melville, and right here, just

07:03:03 one block off, is the subject property.

07:03:06 Those red dots there show no parking.

07:03:11 No parking on those residential streets.

07:03:14 The green bars are the residential parking permits which

07:03:18 allow residential parking only from 6 p.m. to 6 a.m.

07:03:24 Therefore, there should be in a commercial parking within

07:03:27 this area of the city at that time.

07:03:43 There are conditions on the site plan for valet parking,

07:03:46 that the lot would only be used Wednesday -- I'm sorry --

07:03:59 let me read those out.

07:04:01 The use would only be Wednesday through Saturday from 5 p.m.

07:04:05 to 1 a.m.




07:04:07 I did verify that the alcoholic beverage license that is

07:04:11 issued is a special restaurant license issued through an

07:04:15 administrative approval, an F-1, and it does limit the hours

07:04:20 of operation till 1 a.m.

07:04:22 So this operation would be consistent with the business

07:04:27 operation, it also says there would be a gate when the

07:04:36 parking lot would not be in use based on the waivers being

07:04:39 requested, the conditions on the site plan, and the

07:04:43 comprehensive plan, staff did find this request

07:04:45 inconsistent.

07:04:46 And we are available for any questions.

07:04:54 >>YVONNE CAPIN: Do you have a date for when Yard of Ale

07:04:57 opened?

07:04:58 >> Originally?

07:04:59 >> How long has it been there?

07:05:03 >>ABBYE FEELEY: A couple of years.

07:05:05 To the best of my knowledge.

07:05:08 >>YVONNE CAPIN: Thank you.

07:05:08 >>HARRY COHEN: Petitioner.

07:05:56 >>GINA GRIMES: Hill, Ward, Henderson 101 East Kennedy

07:05:59 Boulevard and I have been sworn.

07:06:03 I represent Safeway valet incorporated which is the

07:06:06 applicant.

07:06:06 Tonight with me is Brian Flaherty, the owner of Safeway

07:06:10 valet.




07:06:11 Also with me tonight is Randy Coen who is our expert

07:06:15 consultant on transportation and planning issues.

07:06:17 And he also developed a site plan.

07:06:20 You have heard the staff description of our request.

07:06:24 And Randy is going to go into more detail on.

07:06:27 That but what it boils down to is we are asking for approval

07:06:33 for operation of a valet-only parking lot for eight hours a

07:06:36 day, four days a week.

07:06:38 So what we are asking for is permission to operate a

07:06:41 valet-only parking lot, 32 hours a week total.

07:06:46 That's it.

07:06:48 We are going to address the three issues raised by the

07:06:51 Planning Commission and by the city staff, and that is the

07:06:53 issue of precedence, the issue of the waivers, and the

07:06:56 issues of compatibility.

07:07:00 We think compatibility is the most important issue.

07:07:03 Randy is going to address that and describe how the

07:07:05 conditions, limitations on this site plan make this

07:07:11 compatibility with the neighborhood.

07:07:12 And I will address the issue of compatibility as well.

07:07:16 For those of you that can't see this, conditions of

07:07:18 limitations on the site plan, I have included at tab 3, a

07:07:23 documentation of the limitations -- conditions of

07:07:28 limitations W.that I am going to introduce Randy Coen and I

07:07:31 would like to qualify Randy as an expert, certified as AICP,




07:07:36 he testifies in Florida as an expert witness, and his resumé

07:07:41 is in the package.

07:07:41 >> Randy Coen.

07:07:53 I have been sworn.

07:07:54 I would like to go over the site plan with you for this

07:07:56 parking lot.

07:07:57 I would like to clear up some issues regarding utilization

07:07:59 of the alley.

07:08:00 And I would like to also go over the conditions of which the

07:08:03 applicant has placed upon themselves to make this particular

07:08:05 parking lot as compatible as it can be with its neighbors.

07:08:10 Looking at the site plan here, the first thing is, looking

07:08:14 here at the bottom, this is the alley that's been discussed.

07:08:18 And this only has one access point, and that access pointed

07:08:23 is the alleyway.

07:08:28 It's a 40-space lot.

07:08:30 The reason they are all compact spaces is because it's a

07:08:33 valet parking lot.

07:08:35 The reason for the waiver for the narrow aisles is because

07:08:38 again it's a valet parking lot.

07:08:39 It will not allow any self-parking what so far.

07:08:42 I have gone over this with City of Tampa transportation

07:08:45 division, and they are in support because it's a valet only

07:08:51 parking lot.

07:08:53 It will only from five in the afternoon to 1:00 in the




07:08:55 morning, Wednesday, Thursday, Friday, Saturday.

07:08:58 There is a gate located here at the entrance and all other

07:09:00 times that gate is closed and locked.

07:09:02 Therefore it will not be used any other times.

07:09:05 We can be a sure of that.

07:09:10 We have concrete masonry walls as required on the north and

07:09:13 south side of the property.

07:09:15 We provide all of the landscaping that's required and the

07:09:18 buffering requirements as well, as with many lots and

07:09:22 smaller more compact areas of Tampa.

07:09:27 You can't meet that 15-foot setback.

07:09:30 On both sides there is greater than the setback on either of

07:09:33 those sides.

07:09:34 We comply with the landscaping requirement.

07:09:35 We comply with concrete wall requirement as well.

07:09:40 Let's move real quickly to the overhead, if you will.

07:09:44 Before I show you the landscaping, that is shown on the site

07:09:48 plan, and here by Hardeman to give you an idea of what in

07:09:54 fact landscaping will look like.

07:09:56 Hopefully you can see it.

07:09:58 It isn't up on the screen for the audience yet.

07:10:00 >>HARRY COHEN: We can't see it here at our screens here.

07:10:06 There you go, through go.

07:10:07 >> There you go.

07:10:09 That is a depiction of the bike lane shown here by Hardeman,




07:10:15 using palm trees existing on the property now and a number

07:10:17 of trees that would be planted in it.

07:10:20 Moving on for a moment to the next item on the Elmo, there's

07:10:25 an area with the parking garage superimposed, and this is an

07:10:30 important exhibit because of all the discussion regarding

07:10:32 the alley.

07:10:33 We are not using the alley for this particular valet

07:10:35 operation.

07:10:40 This is The Yard of Ale.

07:10:45 This is the parking lot.

07:10:47 This is The Yard of Ale driveway across the street from the

07:10:50 parking lot.

07:10:51 The way this operation works -- and I apologize if there is

07:10:54 any confusion what so far in the application -- the Yard of

07:10:56 Ale stand is right here.

07:11:01 Automobiles enter Yard of Ale from Howard.

07:11:04 >> I think you need to move that up a little bit.

07:11:07 This is the existing driveway directly across from the

07:11:20 proposed parking lot.

07:11:21 That's valet only.

07:11:23 The valet station is located right here.

07:11:29 A patron will enter as they do today, the valet parks the

07:11:34 car whether it in this lot or the proposed lot across,

07:11:37 literally crossing the alley.

07:11:39 When a car is picked up, it's picked up at the valet




07:11:42 station.

07:11:42 You go to the valet operator, provide them your ticket, they

07:11:46 get the cars.

07:11:47 The car will then be heading toward Howard Avenue.

07:11:49 Therefore, you enter Howard.

07:11:51 You exit via Howard.

07:11:53 You do not use the alleyway to go north or south.

07:11:56 The only thing we propose to do is to cross the alley.

07:12:01 And I apologize if that wasn't clear.

07:12:03 We did not ask for a valet station on the S-2 site plan.

07:12:07 But if it's necessary or you feel it's appropriate, we are

07:12:09 happy to add a condition that speaks exactly that, the

07:12:13 nature of operation, and how the alley would be used solely

07:12:16 to cross, not to travel north and south on.

07:12:19 From the waivers, we talked about the decreased aisle width,

07:12:23 normal type of waiver to be requested, transportation

07:12:25 supportive of it, going to 100 percent compact spaces

07:12:30 because they are parked by professionals, valet operators.

07:12:33 No individuals can enter that lot or park their car.

07:12:37 They go all compact with signs because in a valet operation

07:12:41 you put as many cars as you possibly can.

07:12:44 We also have this to be only valet to ensure noise levels

07:12:48 are kept down.

07:12:51 Folks are not going to their cars, they are not dealing with

07:12:53 their cars as they do in various areas of Howard Avenue.




07:12:56 This is simply and solely a valet attendant.

07:13:02 We talked about the expansion, if you will, beyond 100 feet.

07:13:06 We have an alleyway, 20 feet.

07:13:09 That's 20 feet of 145 feet.

07:13:11 We also have a 15-foot setback, that's another 15 feet of

07:13:16 145 feet.

07:13:16 So if you have the alley and the setback together to the

07:13:20 actual parking lot itself, you find that in reality the

07:13:26 distance we are looking at the 115 feet.

07:13:31 It's expansion and appropriate for waiver and we expressed

07:13:34 it in the most appropriate way we possibly could.

07:13:37 With the setbacks simply we are providing as much as we can

07:13:41 keeping the parking lot as small as possible and we are

07:13:44 actually providing the landscaping walls necessary to be

07:13:47 compatible with our neighbors but cannot achieve that 15

07:13:51 feet but we are providing everything else in that buffer

07:13:53 that is required of a vertical nature or screening nature.

07:13:56 With that I am happy to answer any questions you may have.

07:14:08 >>GINA GRIMES: I would next like to address the issue of

07:14:10 precedence.

07:14:11 The Planning Commission's analysis is in the book at tab A.

07:14:14 And basically the Planning Commission has said that they

07:14:16 find it inconsistent based on two grounds, that, number one,

07:14:20 it sets a precedent, and number two, it's incompatible with

07:14:23 the character in the area.




07:14:25 As far as precedence is concerned, they said that this

07:14:28 approval will set a precedence and send a message that this

07:14:32 side of Westland will be open for parking.

07:14:35 And we believe the Planning Commission's position is not

07:14:39 valid for a couple reasons.

07:14:41 Number one, whether or not something sets a precedent is

07:14:43 completely within City Council's control.

07:14:45 You are the ones that decide each case on the facts of that

07:14:48 case.

07:14:49 Secondly, it's my understanding that simply because one

07:14:54 development is approved doesn't necessarily mean that the

07:14:57 next case that's similar to that development is also going

07:15:00 to be approved.

07:15:02 If you agree with what I'm saying, and you agree that each

07:15:05 case is decided on its own facts, then you have to find that

07:15:08 the Planning Commission's conclusion and recommendation is

07:15:11 incorrect.

07:15:12 It's not valid.

07:15:13 If you believe that just because you approve this

07:15:15 application it doesn't set a precedent, then the Planning

07:15:19 Commission recommendation is incorrect.

07:15:23 If you don't think I'm correct, and you think or you are

07:15:26 concerned that approval of this development will set a

07:15:28 precedent, and that once that precedent is set, then you are

07:15:33 obligated to approve future development requests for parking




07:15:37 lots, then what you need to do is look and see what other

07:15:41 parking lots exist out there, because if the precedent has

07:15:45 already been set, and you think the Planning Commission is

07:15:47 correct once the precedent is set, you are obligated to

07:15:50 follow it, then look and see what other parking lots are out

07:15:53 there.

07:15:54 So at tab 7 I have included a map that shows you all the

07:15:57 parking lots in this area.

07:16:04 There's six of them.

07:16:07 >> Green is just south on Westland, parking lot number 1.

07:16:20 Here is a picture of that lot.

07:16:21 It extends all the way from the alley along Westland all the

07:16:25 way to the edge of Westland.

07:16:26 It is a parking lot for residential, but it's a parking lot

07:16:30 nonetheless that extends all the way to Westland.

07:16:33 The second parking lot, parking lot number 2, is just south

07:16:37 of the intersection of DeLeon and Westland.

07:16:43 Here is a picture of that lot.

07:16:45 This parking lot serves the commercial use along Swann.

07:16:48 It isn't just a parking lot behind the commercial use on

07:16:51 Swann.

07:16:53 They extend a full block all the way up to DeLeon so you

07:16:55 already have commercial parking on Westland, on the east

07:16:58 side of Westland.

07:17:00 The third lot is directly across the street.




07:17:02 The lot was mentioned by Abbye.

07:17:04 That is right here.

07:17:05 And that is the parking lot behind the development at the

07:17:10 corner of Swann and Westland.

07:17:14 And as you can see, the commercial parking extends all the

07:17:16 way back mid block, just as this parking lot would.

07:17:21 This is parking lot number 4 up here, just north of Platt

07:17:24 Street.

07:17:27 Parking lot mid block sends extends the full length of the

07:17:30 block all the way up to the residential street on Albany.

07:17:34 And this is on the east side of Albany.

07:17:36 Parking lot number 5, two lots, north of Cleveland and

07:17:42 Albany.

07:17:43 Also on the east side of Albany.

07:17:45 Extends all the way the full length of the block and it's a

07:17:48 mid block parking lot.

07:17:49 The last lot directly across the street from this lot,

07:17:54 parking lot number 6 is a commercial parking lot, mid block,

07:17:59 serving a commercial use along Albany.

07:18:03 So if you agree with the Planning Commission, and you

07:18:07 believe that approval of that parking lot mid block is going

07:18:11 to set a precedent, we would submit to you that that

07:18:14 precedent has already been set.

07:18:17 And if the Planning Commission's position is set then it's

07:18:22 already set and you are obligated to follow it, that's what




07:18:24 should happen in this case, you should be follow the

07:18:26 precedent already established by these other lots.

07:18:29 That's not our position.

07:18:30 Our position is that you decide each case on its own merits,

07:18:33 and you have to look at the next issue which is really the

07:18:36 most important issue which is compatibility.

07:18:38 Randy addressed how all of the limitations and conditions

07:18:41 that we self-imposed to make this development compatible

07:18:45 with the surrounding area.

07:18:48 Another issue I wanted to point out is that this is a unique

07:18:52 block along Westland.

07:18:54 The adjacent property data is on the site plan and it's also

07:18:57 included in your package of materials at tab 5.

07:19:02 As you can see, this condominium development on the north

07:19:06 side of the site actually fronts Azeele, and then these

07:19:10 condominiums on the south side of the site, some of them

07:19:12 front Westland and some of them front the alley.

07:19:18 I want you to see what they are actually fronting right now.

07:19:21 This is on the south side.

07:19:23 This is Horatio, and Westland development, and this is on

07:19:27 the south side of the alley looking north on the alley.

07:19:31 As Abbye said, is their front yard.

07:19:33 This is their front yard now.

07:19:35 This is what they are facing.

07:19:37 They are facing the backside of a commercial building along




07:19:40 Howard Avenue.

07:19:41 There's another shot of one of those condominiums.

07:19:44 There's what's directly across the street.

07:19:48 Would you rather look at that as your front yard, which is

07:19:51 what they are looking at now?

07:19:53 Or would you rather look at this as your front yard?

07:19:55 Because that's what the front side of Westland is going to

07:19:58 look like after we develop it.

07:19:59 That's the landscaping.

07:20:01 That's what it will look like at the time of installation.

07:20:04 As we have done with the parking lot, with landscaping.

07:20:09 Would you rather look at this?

07:20:11 Or this?

07:20:12 Which is more consistent or compatible with the

07:20:14 neighborhood?

07:20:15 Directly across the street from the site is The Yard of Ale.

07:20:20 A little further down is the condominium to the north.

07:20:21 This is what the condominium to the north faces on the west

07:20:24 side.

07:20:25 Again, would you rather be looking at that?

07:20:27 Or would you rather be looking at this?

07:20:30 We think these conditions regarding the landscaping make

07:20:34 this project compatible with the surrounding development.

07:20:38 Mr. Chairman, given staff took over a half hour, can I have

07:20:43 a couple more minutes to wrap this up?




07:20:46 >>HARRY COHEN: Sure.

07:20:46 Go ahead.

07:20:46 >> Two, three minutes?

07:20:52 >>GINA GRIMES: Three.

07:20:52 Another issue that I wanted to a direction one of the

07:20:55 reasons why you have a situation where you have existing

07:20:58 residential structures facing commercial parking lots is

07:21:00 because your own regulations require it.

07:21:04 Your own South Howard commercial overlay regulations require

07:21:07 the project to be pushed toward Howard, and for the parking

07:21:11 to be in the rear.

07:21:12 So you have already established a precedent, if you will,

07:21:15 for having the commercial parking adjacent to the

07:21:18 residential to the west.

07:21:22 Planning Commission's report has two reasons that they found

07:21:25 that the project was incompatible with the character of the

07:21:29 development in the area.

07:21:29 One of the issues was light.

07:21:31 There were only two issues identified in that report.

07:21:34 One of the issues was light.

07:21:36 We'll agree to a condition that says that we will not

07:21:38 install light.

07:21:39 Again it's valet only parking.

07:21:41 Usually lighting is installed for the customers, the patrons

07:21:46 of a parking lot, only valet operators.




07:21:49 We feel comfortable for security reasons we don't have to

07:21:51 have light so we'll agree to that condition.

07:21:53 The second reason the Planning Commission found it

07:21:55 incompatible is there would be no solid wall or fence on the

07:21:58 east, and there would be a clear view of the parking

07:22:03 activity and operation 24 hours a day, seven days a week.

07:22:06 With our limited hours of operation, that's not accurate.

07:22:09 It's only going to be 32 hours a week but that it's going to

07:22:12 be operating.

07:22:13 And instead of having a clear view of that, you will have

07:22:16 instead a view of the mature landscaping and the hedge.

07:22:24 So you will not be able to see in all likelihood the cars

07:22:27 that are parked along there.

07:22:30 The last thing I want to close with is, I want to remind you

07:22:34 what the Planning Commission and the comp plan's definition

07:22:38 of compatibility is, and it's included in Abbye's staff

07:22:42 report and it's also included in our materials at tab A.

07:22:47 Compatibility doesn't mean the same as.

07:22:50 In order for a project to be compatible, it doesn't have to

07:22:53 be exactly the same as what's adjacent to it.

07:22:57 What the definition says is it can be compatible with

07:22:59 sensitivity of the development in maintaining the character

07:23:02 of the existing area.

07:23:04 We think we have done so.

07:23:05 We have agreed -- in the factors it says you consider things




07:23:10 like landscaping.

07:23:11 We have included enhanced landscaping.

07:23:13 We have included buffering along the east side of Westland.

07:23:17 Another factor they say you consider in determining

07:23:20 compatibility is lighting.

07:23:22 We have agreed to no lighting.

07:23:24 Another factor is access.

07:23:25 We have agreed to no access on Westland.

07:23:28 There will be no access at all.

07:23:30 We think with these conditions and limitations that the

07:23:32 project is compatible with the surrounding area, and that

07:23:36 this case should be decided on the facts of this case only,

07:23:38 and not necessarily set a precedent for the rest of the

07:23:42 area.

07:23:42 >>HARRY COHEN: Councilwoman Capin.

07:23:52 >>YVONNE CAPIN: Abbye, or maybe the petition can answer.

07:23:57 But the lots that were pointed out, 1, 2, 3, 4 and 5, do we

07:24:03 have the dates that those lots were --

07:24:07 >>ABBYE FEELEY: I was not -- I did not receive that

07:24:09 information, so the one residential lot, there is a

07:24:15 residential lot.

07:24:16 It does serve the building that was constructed in

07:24:19 191-2525th, multifamily residential on the west side.

07:24:22 Westland down just a block -- let me get that sheet out.

07:24:48 >>YVONNE CAPIN: I'm just trying to see if they predated the




07:24:51 comprehensive plan.

07:24:54 That we are talking about today.

07:24:55 >>ABBYE FEELEY: The sheet I put up there -- I can speak to

07:25:11 the ones along Westland.

07:25:16 Number 3 shows that it was -- that was PD'ed in 1997.

07:25:24 The PD here was PD'ed in 2000 but was a church in 1959, so

07:25:32 that could have had that parking back there.

07:25:34 This parking here, which is residential, serves the

07:25:38 multifamily.

07:25:39 This is a building built in 1925.

07:25:42 The rest were not on Westland.

07:25:45 They were a block over.

07:25:47 So I did not have the calculation on those.

07:25:50 But Ms. Grimes may be able to tell you the year that they

07:25:53 were established.

07:25:54 >>YVONNE CAPIN: Okay.

07:26:04 One of the things I have to tell you is I lived at one time

07:26:10 on a corn where there was a traffic light, and the start-up

07:26:18 of automobiles to move is extremely noisy.

07:26:26 I cannot tell you how noisy that is.

07:26:31 That would be my concern, if those cars rev up, even if they

07:26:40 try not to REV up, there is a noise that is very loud.

07:26:46 And it carries.

07:26:56 And as far as the precedence, I do agree that we look at

07:27:04 each individual case brought to us, but maybe by -- not this




07:27:15 one but another, let say, that it could go to court and the

07:27:19 court could say, yes, you did.

07:27:24 That is very possible.

07:27:26 In the long run.

07:27:28 I'm trying to -- and the other thing that I really, really

07:27:36 looked at was the Yard of Ale opened two years ago.

07:27:39 Any business that opens on Howard Avenue is very aware of

07:27:43 the parking situation.

07:27:46 And when they opened their business, they know what it's

07:27:52 going to take.

07:27:58 I'm trying to find something, but that's -- I just wanted --

07:28:03 that's all I needed, Abbye.

07:28:06 >>HARRY COHEN: I remind council members we are going to

07:28:09 hear from the public and then open it up again for comments

07:28:11 and questions.

07:28:12 Is there anything else before we do that?

07:28:14 All right.

07:28:14 If there's anyone here from the public that would like to

07:28:17 talk about this issue, if you want to line up to my left,

07:28:22 that would be just fine, and everyone will have three

07:28:25 minutes.

07:28:26 >> I'm Ed Tillou.

07:28:31 >> Your name and address for the record, please.

07:28:34 >> Ed Tillou. I live on north 9th in Sulphur Springs.

07:28:37 Which is part of this area.




07:28:39 So I am not coming as a resident but I go -- do go down

07:28:45 there a couple days a week because World of Beer has a

07:28:48 little thing for students, half priced draft beer so I am

07:28:51 not going pay six or seven dollars for a beer but I would

07:28:55 pay half that, and get my folic acid.

07:29:00 But the thing is, rather than drink on an empty stomach, I

07:29:04 go to Publix that has hot bar, things like that.

07:29:08 I go there and then walk along Azeele to World of Beer.

07:29:12 One thing I noticed is these people that can afford to live

07:29:15 in Hyde Park, which I can't -- come a long way -- they take

07:29:22 cares.

07:29:22 It's like cars are part of their body.

07:29:25 They will drive three or four blocks.

07:29:29 They have parking.

07:29:30 They drive three or four blocks to these places to drink.

07:29:34 Now, if you want to say a McDonald is coming up and it's the

07:29:41 sedentary nature of contemporary life in America.

07:29:44 It's creating these 200, 250, 300-pound people.

07:29:52 Childhood obesity that Michelle Obama has addressed.

07:29:57 And I will come to that item 5.

07:29:59 But the thing is, I experience that in the immediate area, I

07:30:04 walk backed and forth Azeele, along Azeele.

07:30:08 And this is a complex issue.

07:30:10 But it bears on a lot of things.

07:30:14 And it creates a few jobs for these valets.




07:30:19 I think that's important.

07:30:20 And it will be a tremendous -- they didn't bring it up.

07:30:24 They have a big asset here that if they turn a car back to

07:30:31 an intoxicated person, I mean, the legal liabilities that

07:30:36 they risk from something like that.

07:30:40 So rather than people parking their cars themselves and

07:30:43 going to these businesses drinking half the nature, there's

07:30:49 a social access to this development. So, I mean, I think

07:30:52 it's a complex kind of thing.

07:30:54 But there's one of you, I think -- he's on the Hart board

07:30:59 and there is a valid alternative to people just using their

07:31:03 cars and using their cars and using their cars, and that's

07:31:08 hard.

07:31:08 So, I mean, this can't be unanimous.

07:31:11 If one of you is on the Hart board, they have a duty to

07:31:15 their position on Hart.

07:31:17 There was a bus stop between World of Beer and yard of ale.

07:31:22 And on the basis of logical fallacy that was discontinued

07:31:27 but the fallacy was it was underutilized so that's got to be

07:31:32 worked into this.

07:31:32 (Bell sounds).

07:31:34 >>HARRY COHEN: Thank you.

07:31:34 >>> Rus Maynard, I am the resident at 2200 west Azeele

07:31:43 street.

07:31:44 I am also president of the homeowners association of




07:31:47 Westland park town homes, which is the properties directly

07:31:52 north of the properties in question.

07:31:54 One of the points I will immediately make is there are two

07:31:57 units that do face Westland and one faces Westland and one

07:32:03 faces the alley. I live in the one that faces west land so

07:32:07 they said that all four units face Azeele.

07:32:09 That's not correct.

07:32:11 We live in a three-story town home, so our properties would

07:32:14 be looking directly in.

07:32:16 I'm against this proposal.

07:32:18 I am in favor or agreement with the City Council's own

07:32:23 people that review this and generally found against it as

07:32:28 well.

07:32:28 I do not see how they plan to enforce -- I know they lock

07:32:33 the gate, but intoxicated people will be coming back to

07:32:37 their cars after hours when they have failed to collect

07:32:39 their keys and quite upset and be making a racket.

07:32:43 So that's something to deal with as the City Council member

07:32:47 pointed out.

07:32:47 Cars starting up, whether it's a valet or non-valet, those

07:32:51 cars starting will still be making noise throughout the

07:32:54 night that they are in operation.

07:32:59 Trash, in parking lots, but something additional to always

07:33:05 deal with.

07:33:05 It is not in keeping with the neighborhood.




07:33:07 I would much rather see at some point houses be developed or

07:33:12 the land simply remaining vacant as it is.

07:33:15 That's generally my position on it.

07:33:17 And I speak for the other members of the association.

07:33:22 One of them is also here tonight.

07:33:24 Thank you very much.

07:33:24 >>HARRY COHEN: Thank you.

07:33:26 >> My name is Thomas Neveu, I live at 2202 west Azeele which

07:33:35 is also part of the Westland park town home directly north

07:33:39 of the proposed parking lot.

07:33:42 And we would be isolated or surrounded by streets, alley and

07:33:46 parking lot if this proposal was to be approved.

07:33:49 And I just want you to consider that.

07:33:52 I would like the petitioner to -- oh yard of ale has live

07:34:01 bands, and I am curious to know if they would move those

07:34:06 live bands from the parking lot.

07:34:11 If approved.

07:34:15 Litter is a big problem for us.

07:34:17 We have beer bottles, beer cans, and occasionally in our

07:34:24 yard, and I would like to know how they would propose to

07:34:28 mitigate the literally, and if they would gain from having a

07:34:34 parking lot would be used to get arrived litter in

07:34:38 residents' yards.

07:34:39 >> I'm also curious to know what the drainage impact would

07:34:43 be on the homes surrounding this parking lot, and whether or




07:34:47 not the trees that are currently in the lot would be cut

07:34:51 down.

07:34:52 Thank you.

07:34:52 >> Good evening.

07:35:04 I am very against -- I'm at 407 South Westland.

07:35:13 Lisa Jennifer Carrollo.

07:35:15 This is a family neighborhood.

07:35:17 We have five kids on that block, on that side of the street.

07:35:20 Two of which face the alleyway.

07:35:23 What was not said is that the owner of this property also

07:35:27 owns MacDinton's, bought it four years ago and tried to park

07:35:32 valet there at that time.

07:35:33 We were able to stop them, although they did try to change

07:35:38 the number from 405 to 504 so the police wouldn't know it

07:35:42 was them.

07:35:45 But my point being that they use this for parking on

07:35:52 St. Patty's day for MacDinton's.

07:35:59 I can hear the engines that wake me up at night.

07:36:02 My family -- my daughter wakes up at night.

07:36:06 This is a family neighborhood.

07:36:07 We do not need a parking lot there.

07:36:09 I'm also concerned about the depreciation to my town home.

07:36:16 There are many members of our town home complex that have

07:36:19 bought at the height of the market, and are renting now

07:36:22 because they can't sell it at the price that they bought it




07:36:24 at.

07:36:25 This will be another depreciation factor.

07:36:28 Who wants to buy a property next to a valet parking lot?

07:36:34 Excuse me, I'm a little nervous.

07:36:37 I ask you, if your neighbor sold their house to O'connor,

07:36:42 owner of MacDinton, and he tries to make it a valet parking

07:36:47 lot, what would you think?

07:36:49 How would you vote?

07:36:50 Thank you for your time.

07:36:58 >> I'm Linda Crumbley and I live at 503 South Westland.

07:37:02 And this parking lot is just in the next block from me.

07:37:07 We have done everything we can to keep Westland in a

07:37:12 neighborhood.

07:37:15 We built that entire Westland, basically, and we have people

07:37:20 that walk with their children and their animals, and at

07:37:25 night, the people -- it's not right at like, say, 8:00 or

07:37:33 9:00.

07:37:34 It's later.

07:37:35 They wake you up.

07:37:38 They are ration down the alleys, and it's just -- and then

07:37:42 when you wake up in the morning your yard is covered with

07:37:45 cups and trash.

07:37:48 And it's just not conducive.

07:37:51 As much as we have put into Westland to make it a really

07:37:55 good community.




07:37:56 We want to keep that the way.

07:37:58 And I think that this parking lot idea is just -- it just

07:38:05 makes me feel like I'm going downtown to park.

07:38:08 And I don't think that that's what we want in our

07:38:11 neighborhood.

07:38:12 And I ask you to please consider not approving this.

07:38:15 Thank you.

07:38:21 >> I'm Paula Stahel, live at 308 south Albany Avenue which

07:38:28 is a block north and a block east of this property.

07:38:32 I have been a resident in our neighborhood since 1989.

07:38:37 A couple of you know my face because I used to be part of

07:38:40 the usual suspects who showed up here to rail against all

07:38:44 sorts of things.

07:38:45 One of the things that we as a neighborhood have long wanted

07:38:48 is a good commercial mix in our area.

07:38:54 We are part of this generation that's growing, that wants

07:38:59 accessibility without having to take our cars anywhere.

07:39:05 If we can walk.

07:39:07 We like the fact that there's a good mix that's grown in the

07:39:11 area.

07:39:11 However, a few years ago, South Howard was known as

07:39:15 restaurant row.

07:39:17 Today it's known as borrow.

07:39:23 The incursion of parking areas into the residential areas is

07:39:28 only going to borrow more trouble for those of us who have




07:39:34 worked very hard on the parking issues.

07:39:38 We spent over two years working with the city prior to the

07:39:47 parking restrictions that were enacted, because visitors to

07:39:51 our neighborhood to go to the bars were parking on both

07:39:54 sides of the street. It was impossible for traffic to get

07:39:56 through going in opposite direction.

07:40:00 We now have, as you were shown, resident-only parking on one

07:40:05 side of certain streets from 6 p.m. to 6 a.m.

07:40:10 Yet there's a burden on parking for the commercial entities.

07:40:13 However, we residents have a burden on our parking as well.

07:40:17 I cannot have a party at my home.

07:40:22 I can't invite more than two people, two cars to come to my

07:40:26 home because that's all I can manage to squeeze into my

07:40:30 driveway.

07:40:30 So there is a burden on everyone.

07:40:32 And bringing more parking into a residential area is going

07:40:36 to negatively impact the entire area.

07:40:41 I was curious when the diagram showed that cars would enter

07:40:45 through the Yard of Ale drive, pass through the back parking

07:40:51 lot area now, pull into the alley and then into the

07:40:55 additional parking.

07:40:57 My question is, if someone wants to enter yard of ale, or

07:41:02 someone wants to leave yard of ale, is there space for cars

07:41:05 to pass in that drive?

07:41:10 I am dead set against this.




07:41:11 I hope that you will support our position.

07:41:17 Thank you.

07:41:18 >> My name is A.J. strap, 109 South Westland Avenue, and I

07:41:28 am against this petition.

07:41:31 I believe that it will set a precedent for the neighborhood

07:41:34 and for Westland, and this is one of the discussions that

07:41:41 they have been having over in the Tampa Heights area in the

07:41:44 redevelopment of that area to get that riverfront project

07:41:50 going, and they wanted put a parking area in there and they

07:41:53 know they are going to be setting a precedent if that

07:41:55 happens, and then we are up for a lawsuit.

07:41:59 So then all the taxpayers, we end up having to pay because

07:42:05 we have made a bad decision.

07:42:10 It's going to be -- to me one of the things we need to look

07:42:15 at when we are taking, allowing businesses to come in to

07:42:19 creation, MacDinton's when they opened up, it was a

07:42:25 capacity, and then all of a sudden they built an outside

07:42:29 patio.

07:42:30 And this is something that the city needs to take and

07:42:32 address, is when a patio is put in, that's putting an influx

07:42:44 of cars, of people, within that area that wasn't originally

07:42:49 designed to happen.

07:42:51 The same thing has happened with the Yard of Ale.

07:42:54 The same thing happened with the bungalow restaurant.

07:42:57 And it happens with every club, the World of Beer, the same




07:43:03 thing.

07:43:04 There's in a parking.

07:43:06 They get a permit to get in there, and they have the city's

07:43:11 okay.

07:43:12 They have the parking.

07:43:15 And then they open a patio so they can double their

07:43:19 occupancy.

07:43:19 This is the problem.

07:43:21 And this is part -- of need to solve this problem.

07:43:25 You cannot allow it.

07:43:27 You have got to have some sort of regulation.

07:43:33 You take an account of what a patio does to the influx of

07:43:37 the residential area.

07:43:39 The parking.

07:43:40 You are not doing that.

07:43:41 And that's part of the problem here.

07:43:45 Back when Dick Greco was mayor of the city, there was a

07:43:50 long-term overview plan for South Howard.

07:43:52 That plan is in nonexistence as far as I know now.

07:43:57 This is a perfect time in this city to take and begin to

07:44:02 purchase property.

07:44:04 We are in a downturn, too.

07:44:06 But this is a perfect time to buy land, because land is

07:44:09 cheap.

07:44:10 It's never going to be cheaper again.




07:44:12 And these are the things we need to be looking at.

07:44:15 Thank you.

07:44:24 My name is Aprile Rowe Black, and I have been sworn in.

07:44:29 And I have lived in that neighborhood at 306 south Albany

07:44:33 since 1976.

07:44:35 And there have been no new parking lots put in unless they

07:44:40 were adjacent to a business.

07:44:43 And there have been no new parking lots adjacent to a

07:44:47 business added that I know of to any bars.

07:44:51 So I don't see how this is consistent, I don't see how the

07:44:58 waiver for the 15 feet should be given to this.

07:45:02 I just don't see it.

07:45:03 I don't see how that one property that doesn't look so great

07:45:07 is enough reason to think that this property having some

07:45:11 trees planted in front of it is going to make up for all of

07:45:14 that.

07:45:14 There are a lot of neighbors in the neighborhood, a lot of

07:45:16 families.

07:45:17 This neighborhood is a nice neighborhood.

07:45:19 It is a nice neighborhood.

07:45:21 And that is a nice bar.

07:45:23 And so is MacDinton's.

07:45:26 We have a lot of nice clubs, a lost nice restaurants.

07:45:29 It's a great neighborhood to live in.

07:45:30 It's a great neighborhood.




07:45:31 But it doesn't need a parking lot on a residential street.

07:45:35 If you looked at Mr. Garcia's, he had a color-coded map, and

07:45:40 it showed pink for one type of commercial and brown for the

07:45:44 residences, and this is bringing the pink into the brown.

07:45:48 Let's not do that.

07:45:49 Let's leave the neighborhood part as a neighborhood.

07:45:52 Thank you.

07:45:52 >> I'm Michael Yustick, 305 south Melville.

07:46:10 I am going to touch on some things already brought up.

07:46:12 And I have been in the neighborhood for 14 years, and been

07:46:15 active in the association, present at City Council for

07:46:22 zoning requests.

07:46:23 Over the course of the last five-plus years the bar owners

07:46:26 have brought this upon themselves.

07:46:27 And almost every zoning request, every rezoning hearing,

07:46:32 waivers on the parking requirements have been asked for by

07:46:34 the petitioner.

07:46:35 In addition, these owners have also expanded beyond the

07:46:38 original footprint of the rezoning.

07:46:41 I'm not quite sure how they are able to do this, but it's

07:46:44 something I would like an answer to.

07:46:46 They have expanded their outside patios and in some cases

07:46:53 near the parking lot in order to cram more people into an

07:46:55 already congested area.

07:46:57 Some of these parking lots have also been used for




07:47:00 Port-o-Lets, and I don't know if you saw on the picture of

07:47:05 The Yard of Ale, there was a Port-o-Let in the parking lot.

07:47:09 So they are for use of the customers because there's not

07:47:13 enough toilets for the bar.

07:47:17 A lot of these businesses prior to becoming bars were small.

07:47:21 They weren't intended for large crowds.

07:47:24 And so parking is never an issue.

07:47:27 The bar owners that came in, like council member Capin

07:47:30 stated, knew that the parking was an issue.

07:47:35 So I don't know why they all of a sudden think that the

07:47:39 neighbors should make another exception for them.

07:47:46 I know you have made a lost concessions for them already.

07:47:49 And a couple of issues I wanted to bring up with the

07:47:53 parking, the Yard of Ale is only wide enough for one car so

07:48:01 if somebody is coming in and somebody needs to leave, the

07:48:03 person leaving is going to use the alley.

07:48:05 There's no way two cars can get past that single-car entry.

07:48:09 I used to go to this place when it was a coffee house.

07:48:15 It was nice.

07:48:16 But the only time I have been to it as a bar is when we had

07:48:19 our meetings there.

07:48:20 It's just not a place I like to be.

07:48:22 There's just too much congestion and too much noise.

07:48:25 And it's not something this neighborhood needs.

07:48:29 So I ask you to vote against this proposal.




07:48:36 Thank you.

07:48:36 >>HARRY COHEN: That appears to be everyone from the public

07:48:41 that wished to speak on this item.

07:48:43 Are there any additional questions and comments from council

07:48:47 members?

07:48:48 Councilwoman Capin.

07:48:50 >>YVONNE CAPIN: Yes.

07:48:50 When was the comprehensive plan, the date of the

07:48:55 comprehensive plan?

07:48:56 Because I keep looking at these.

07:48:58 And I think it relevant that these lots were pointed out.

07:49:04 And they predate the comprehensive plan.

07:49:09 >> The growth management act passed in 1995 and particularly

07:49:12 the local governments adopted in '87, the conformance in the

07:49:17 city were in '56 and '87 which would have been in company

07:49:22 with that.

07:49:25 >>YVONNE CAPIN: So the three, when you put them on the

07:49:29 overhead, that was 1988?

07:49:32 '98?

07:49:34 T so it was after?

07:49:35 >> This is at the south at Swann.

07:49:41 So that was the other interesting thing, that this lot

07:49:45 here -- I mean, they are separated by another roadway.

07:49:50 So this was the church that was built in '59, and later

07:49:55 became the PD in 2000.




07:49:58 The medical business professional office.

07:50:01 So that parking, the church was placed in the front, that

07:50:07 church use originally.

07:50:08 And then one here was in 1997 from RM-16 residential

07:50:14 multifamily 16 to PD.

07:50:16 Again, for office use there.

07:50:22 At the other end, I showed 1923, and that was always

07:50:28 commercial.

07:50:28 It's actually zoned commercial at Platt, which is an

07:50:32 arterial.

07:50:34 Because you have two arterials which is Platt and Swann.

07:50:37 Howard is the collector and the rest are all locals.

07:50:42 So it was 1923 and 1927.

07:50:46 1959 and 1926.

07:50:49 For the other piece there.

07:50:51 Now, the businesses have changed out.

07:50:53 I do have some photos of that.

07:50:59 There are residential type structures.

07:51:03 I don't know if you want to see on this map.

07:51:23 >>YVONNE CAPIN: Mr. Garcia, the language that you cited,

07:51:26 when did that take effect?

07:51:27 >> The language?

07:51:29 That was adopted in 2009.

07:51:30 We have always had policies in the comprehensive plan that

07:51:34 deal with neighborhood compatibility, and compatibility of




07:51:37 uses adjacent to residential.

07:51:40 We are also -- we have to be stewards not only of the

07:51:44 environment but neighborhood protection.

07:51:45 I could have quoted another eight policies out of the

07:51:48 neighborhood development if I needed to but I am not going

07:51:50 to give you an 18-page report, but if I need to I can

07:51:55 splayed supply you additional information.

07:51:56 But I think I don't need to elaborate any moment. I think

07:52:00 you have heard plenty from the general public this evening.

07:52:03 >>YVONNE CAPIN: I appreciate that.

07:52:04 >>HARRY COHEN: Any other questions or comments from council

07:52:11 members before the petitioner has rebuttal?

07:52:15 Anything?

07:52:16 Go ahead.

07:52:19 >>GINA GRIMES: For the petitioner, I just have a brief

07:52:21 rebuttal.

07:52:22 Some of the residents said that the owners of the commercial

07:52:25 establishments along Howard knew about the parking problem

07:52:29 when they developed their sites.

07:52:30 Well, likewise, these residents he special reply the two

07:52:33 adjacent Rays residences, both of those residences were

07:52:36 constructed after the bars and restaurants were established

07:52:41 on Howard Avenue.

07:52:43 They too came to a location in a situation where they knew

07:52:47 there was going to be noise.




07:52:49 They knew there were going to be parking issues.

07:52:52 They built those developments after the commercial use were

07:52:55 established.

07:52:57 One of the residents complained about noise and trash in

07:53:00 their yard, and people walking through the neighborhood.

07:53:05 If people are walking through the neighborhood to go back

07:53:09 their cars then means the city is not enforcing parking

07:53:16 restrictions in the neighborhood.

07:53:17 If it's not people walking back there then it's residences

07:53:21 creating the noise and trash.

07:53:22 So it's not necessarily the situation with the bars.

07:53:24 However with, this valet parking lot it will alleviate any

07:53:28 illegal Parkers in the neighborhood.

07:53:31 The other issue is two of the three lot on Westland, two of

07:53:36 the three parking lots on Westland were developed fairly

07:53:39 recently, certainly Post comprehensive plan in 1987.

07:53:45 The two along Swann that are on the back of Swann that

07:53:48 extend all the way up to DeLeon.

07:53:52 Also, as I mentioned earlier your own commercial overlay

07:53:56 regulations require commercial parking to be adjacent to

07:53:59 residential.

07:54:00 How do you explain that?

07:54:04 If commercial parking is inconsistent with the plan, and not

07:54:08 compatible with the neighborhood, why do you require it?

07:54:12 How do you explain that that's consistent with the




07:54:14 comprehensive plan?

07:54:16 We are attempting to do the exact same thing, only about 100

07:54:19 feet further into the neighborhood.

07:54:22 Lastly, I want to remind you again the definition of

07:54:25 compatibility is not the same as.

07:54:28 A development can be compatible if it's sensitive to the

07:54:32 character of the neighborhood.

07:54:33 We have done that through the extensive limitations and

07:54:36 conditions.

07:54:36 Lastly, if Randy could have a minute to address the issue

07:54:41 regarding drainage and the parking circulation at The Yard

07:54:44 Of Ale.

07:54:44 >> Randy Coen once again.

07:54:48 I have been sworn.

07:54:49 Drainage first.

07:54:51 Drainage is provided underground in the parking lot, which

07:54:55 is different than many of the lots that are already in this

07:54:59 area.

07:55:01 They actually deal with all of their drainage on-site.

07:55:04 So point in fact they should have no more runoff than they

07:55:07 do today, probably less given the configuration of the

07:55:11 parking lot.

07:55:11 Trees are mentioned.

07:55:12 We are not losing any trees on this property as a result of

07:55:15 this parking lot.




07:55:16 We are relocating two trees.

07:55:18 One here, one there.

07:55:19 They are both palm trees.

07:55:21 There is no loss of trees whatsoever in this particular

07:55:25 plan.

07:55:25 Regarding the comments on the existing driveway to yard of

07:55:29 ale from Howard, talked with the parking operator.

07:55:33 Routinely they have two cars, one in each direction.

07:55:38 It's a parking lot.

07:55:39 People are moving slow.

07:55:40 Yes, it's a little tight like most parking lots and

07:55:43 driveways are in this area of Howard.

07:55:45 So it is accomplished and it does happen.

07:55:46 Our goal and our requirement is to operate valets such that

07:55:50 it's only accessible if you come in from Howard, and when

07:55:53 you get your car the only way you can go is back out to

07:55:56 Howard.

07:55:56 That's the operation of a valet, how it works today and how

07:55:59 it will work in the future.

07:56:00 Thank you.

07:56:01 >>HARRY COHEN: Okay, council members.

07:56:08 Comments, questions, statements?

07:56:10 Councilwoman Mulhern?

07:56:12 >>MARY MULHERN: I just have a question, I think, for Ms.

07:56:15 Feeley.




07:56:16 Do we have any idea, with all the photographs we have seen,

07:56:24 this is an empty lot.

07:56:28 Do we know what was there most recently?

07:56:30 It's zoned residential.

07:56:32 Was it most recently -- or was that a church parking lot?

07:56:37 Is that what you were saying?

07:56:39 >> The existing lot?

07:56:41 There is a house there.

07:56:42 >> Oh, there's a house on the lot?

07:56:44 >> Uh-huh.

07:56:46 >>MARY MULHERN: Maybe you could show us that picture.

07:56:50 >> Sure.

07:56:53 Looks like it served as the accessory structure to a larger

07:56:57 house at some other time.

07:56:58 >>MARY MULHERN: That's the little white thing?

07:57:04 >> Yes, it white.

07:57:05 >>MARY MULHERN: There was probably --

07:57:08 >> I have so many pictures.

07:57:10 I'm very sorry.

07:57:11 >>MARY MULHERN: The one with the view from --

07:57:19 >>ABBYE FEELEY: From Westland?

07:57:21 Uh-huh.

07:57:21 >> So we don't have any idea when the main house was

07:57:30 demolished?

07:57:32 >>HARRY COHEN: Someone in the audience might have the




07:57:37 answer to that question.

07:57:37 >>MARY MULHERN: I was curious.

07:57:40 >>HARRY COHEN: Come up.

07:57:41 >>ABBYE FEELEY: I lost it.

07:57:51 >>HARRY COHEN: Can you state your name and address.

07:57:53 >> Lisa Genco. I live south of the property at 407 South

07:57:57 Westland.

07:57:58 I have been there ten years.

07:57:59 The building that is there is the main house.

07:58:03 There used to be a garage that went on prior.

07:58:10 But that is the main house.

07:58:12 >>MARY MULHERN: Thank you.

07:58:17 Oh, there it is.

07:58:23 It's set way back.

07:58:24 >>HARRY COHEN: Anyone else?

07:58:32 Do you want to respond to that, Ms. Grimes, to that last

07:58:35 question?

07:58:37 About the house?

07:58:40 >>GINA GRIMES: It looks like it was an accessory structure

07:58:42 but I did not research the history of it only because it set

07:58:46 so far back on the lot and is adjacent to the alley.

07:58:49 It looks like it was an accessory structure.

07:58:51 It's vacant now and the lot next door is vacant as well.

07:58:56 >> Move to close.

07:58:58 >>HARRY COHEN: Councilwoman Capin?




07:59:00 >>YVONNE CAPIN: As to your comment -- and there's validity

07:59:04 to that, everyone that moved in here was aware of or should

07:59:08 have been aware that Howard Avenue is a commercial urban --

07:59:17 what is the title?

07:59:18 An urban village.

07:59:21 Okay.

07:59:22 So it's true.

07:59:27 Nonetheless, it is true for yard of ale.

07:59:31 And anyway, I just wanted to point that out.

07:59:42 Yes, it is true, everyone knows or should have known when

07:59:44 they moved there, and maybe some people even moved there

07:59:47 because it was the urban village that they were looking for.

07:59:53 >>HARRY COHEN: Before I call on you for that motion, Mr.

08:00:00 Reddick, I want to say something, because this item isn't in

08:00:05 the district that I represent, and this is a very, very

08:00:08 difficult case, because in my view there are two -- first of

08:00:14 all, to the item that was brought up by Ms. Grimes earlier

08:00:17 about precedent, I would like to state my own view that

08:00:21 these are not precedent-setting cases.

08:00:23 We decide each of these cases on the merits and we decide

08:00:26 them based on the facts that are in front of us for each

08:00:29 property.

08:00:30 At least that's my understanding of what our role is

08:00:34 supposed to be in this process.

08:00:36 I think this is a very difficult case because, on the one




08:00:40 hand, the neighbors have made a very compelling, I think,

08:00:43 argument for the character of the neighborhood and the fact

08:00:48 that putting a parking lot in a residential street is

08:00:53 something that is not compatible, not a compatible use with

08:00:59 a single-family residential that's there.

08:01:00 But on the other side of the coin, we all know that we have

08:01:04 a huge parking problem in this particular area.

08:01:08 And regardless of whose fault it is, or what was allowed

08:01:13 before now, we are where we are.

08:01:15 And my concern with not allowing a use like this is that

08:01:20 it's simply going to push the parking into all the places

08:01:24 that you really don't want it, which is on the street, and

08:01:29 willy-nilly break the rules of the residential parking

08:01:34 permit program, and just continuing to create an environment

08:01:43 that is chaotic at night.

08:01:46 But I have to tell you at the end of the day, the thing that

08:01:49 concerns me the most about this project is the noise.

08:01:53 It is the fact that this is going to go till 1:00 in the

08:01:57 morning Wednesday, Thursday, Friday and Saturday, and

08:01:59 regardless of who is using the parking lot, there's just --

08:02:04 of nature, there's going to be noise.

08:02:06 And I think more than anything, that's my concern on this

08:02:12 item.

08:02:15 I am weighing which way to vote on the this point, and

08:02:20 whichever thing I decide to do tonight, I can't promise I




08:02:23 would do open second reading, because I want some time to

08:02:28 think through this a little bit.

08:02:30 And that's the purpose of having a first reading and second

08:02:32 reading.

08:02:36 So I'm sort of anxious to see what the rest of the council

08:02:39 members will do.

08:02:40 Council member Mulhern.

08:02:41 >>MARY MULHERN: Yes.

08:02:45 Mr. Cohen, I wanted to respond to what you were saying about

08:02:50 precedent, because the whole character of this neighborhood

08:02:59 has changed bit by bit as this council has made decisions

08:03:05 over the years.

08:03:06 So every single case that comes in front of us that we

08:03:11 decide is decided within the context of what is there and

08:03:16 what been approved in the neighborhood, and Ms. Grimes, it

08:03:21 kind of sounded to me she was trying to have it both ways by

08:03:24 saying, look, I'm showing there's already a precedent for

08:03:28 this, but it's up to you to decide.

08:03:30 Well, the reality is, I think she's right, that we have to

08:03:34 do both.

08:03:35 We can't just say we have to approve this.

08:03:40 It wouldn't be in front of us if we didn't have to use our

08:03:43 discretion and decide whether a precedent has been set.

08:03:46 Not just a legal precedent, but a precedent for us making

08:03:50 our decision about the compatibility.




08:03:53 So I think it doesn't make sense to make a decision to allow

08:04:00 something, because it's been allowed before, if it's not

08:04:05 something that is, you know -- that it's actually

08:04:08 compounding what's part of the problem.

08:04:10 So really, I think what's interesting is the parking problem

08:04:14 in this neighborhood is because of we have needed more

08:04:21 parking, and there hasn't been enough parking because we

08:04:24 have had more and more multifamily, more and more residents

08:04:28 put in there.

08:04:29 So that was the problem that we solved a few years ago for

08:04:32 the residents because they couldn't even, you know, park in

08:04:36 front of their own home.

08:04:38 But that problem is because of the profusion -- and I was

08:04:44 just a little bit south of this neighborhood, and it's

08:04:47 changed so much in the 14 years that I have lived there, it

08:04:53 was -- there weren't parking problems really when I first

08:04:57 moved there.

08:04:58 So we make these decisions on all of these things, and that

08:05:02 really is going to influence what goes on here.

08:05:04 So I think to look at this in perspective, yes, there are

08:05:10 other parking lots.

08:05:18 But as a lot of people said here, because of the intensity

08:05:22 of the uses mostly of what our bars and restaurants, where

08:05:27 they are crowding so many people in, allowing so many people

08:05:31 in, and, you know, I don't agree at all that everyone who




08:05:39 lives in this neighborhood -- I mean, we have people who

08:05:44 lived today who lived there for 20, 30 years.

08:05:47 So they didn't move into a neighborhood that was full of

08:05:52 bars.

08:05:52 And really, when you think about the urban village concept,

08:05:56 which was a big part of our new comprehensive plan, and that

08:05:59 urban village in most places, you live in a dense

08:06:04 residential neighborhood, maybe with town homes or

08:06:08 apartments and single-family homes, and then you have some

08:06:11 corner bars, and you have some restaurants, and you have

08:06:15 what now what SoHo used to look like, now you can go to

08:06:22 Seminole Heights and see that's kind of how it used to be.

08:06:25 There were a lot of restaurants and a few bars.

08:06:27 But this has turned into just a very, very intensive, you

08:06:32 know, is it an urban village or is it drinking village?

08:06:41 A lot of people live there and it sound like they would like

08:06:44 it to not go any further into being just a bar district,

08:06:49 like Ybor City.

08:06:51 And I agree.

08:06:54 I don't think that's the way it needs to go.

08:06:56 And I think when you look at this map, this request for a

08:07:00 parking lot is surrounded by residential homes.

08:07:06 So you think about that.

08:07:08 You live on a residential street, you may have an alley

08:07:12 behind you, and a connector, arterial road with commercial




08:07:17 buildings on the next street.

08:07:18 But if you live on a residential street, you probably -- I

08:07:22 know I wouldn't want a parking lot next door to me.

08:07:27 I can't support this.

08:07:29 And I also think we have had a recommendation from both the

08:07:32 Planning Commission and our staff telling us that this is

08:07:37 not consistent, not compatible, and I think we need to

08:07:45 listen to them when they tell us that, because they take it

08:07:52 very seriously and don't often tell us they find

08:08:01 consistency.

08:08:03 >>HARRY COHEN: Anyone else?

08:08:04 >>FRANK REDDICK: Move to close.

08:08:09 >>MIKE SUAREZ: Second the motion to close.

08:08:10 >>HARRY COHEN: We have a motion by Mr. Reddick, seconded by

08:08:13 Mr. Suarez.

08:08:13 All those in favor please indicate by saying aye.

08:08:18 Okay.

08:08:20 What is the pleasure of council?

08:08:21 >>MIKE SUAREZ: Mr. Chair, I make a motion to deny the

08:08:25 petitioner's request based on section 27-269-A sub2, 3, 4,

08:08:33 5, subB, sub is 1.

08:08:39 Which are all the recommendations by our land use folks.

08:08:41 >>MARY MULHERN: (off microphone).

08:09:01 >>THE CLERK: Microphone.

08:09:02 >>MARY MULHERN: I'll second the motion because of the




08:09:06 incompatibility of the request, the inconsistency with the

08:09:10 comprehensive plan, the waivers requested.

08:09:19 And the recommendations of the staff and the Planning

08:09:21 Commission for those reasons.

08:09:23 >>HARRY COHEN: We have a motion on the floor by Councilman

08:09:28 Suarez, seconded by Councilwoman Mulhern.

08:09:31 All those in favor of denying the application, please

08:09:34 indicate by saying aye.

08:09:39 Motion passes unanimously 5-0.

08:09:42 >>THE CLERK: Motion carried with Miranda and Montelione

08:09:46 being absent.

08:10:08 >>HARRY COHEN: We'd like to take a recess for just five

08:10:11 minutes if that's all right with everyone and we'll be right

08:10:14 back to continue with item number 5.

08:10:19 >> (Council recess)

08:10:20 >>

08:18:34 >>HARRY COHEN: Okay, we are going to reconvene, and we are

08:18:38 going to start off with item number 5.

08:18:40 >>ABBYE FEELEY: Land Development Coordination.

08:18:45 Item number 5 is a rezoning case, Z-12-19 located at 501

08:18:52 east Martin Luther King Boulevard, 3911, 3913 north Central

08:18:56 Avenue.

08:18:56 The request this evening is for CG commercial general and CN

08:19:00 commercial neighborhood to PD planned development,

08:19:03 restaurant with drive-in window and community center,




08:19:07 recreation facility, private.

08:19:11 >>THE CLERK: Sorry, need to take roll call.

08:19:13 >> Yes, I'm sorry.

08:19:15 >>MIKE SUAREZ: Here.

08:19:18 >>YVONNE CAPIN: Present.

08:19:19 >>FRANK REDDICK: Here.

08:19:21 >>HARRY COHEN: Here.

08:19:26 >>THE CLERK: Thank you.

08:19:37 >>TONY GARCIA: Planning Commission staff.

08:19:38 I have been sworn.

08:19:45 Number 2 in the central planning district tonight.

08:19:56 The site is located on Central Avenue, just to the west of

08:20:00 the interstate, and just to the south of Dr. Martin Luther

08:20:05 King Boulevard.

08:20:07 Right on the southeast corner.

08:20:09 It got a split land use of residential 20, community mixed

08:20:13 use 35.

08:20:14 As you can see on the site plan, your structure for the

08:20:19 commercial will be CMU 35.

08:20:23 Then you will see the community center is located on the

08:20:26 southern portion of the parcel.

08:20:28 So you have got two uses.

08:20:30 One that's been there for a long time serving the community.

08:20:33 I think affectionately known as Mickey Ds.

08:20:38 So that's what you have on that corner.




08:20:40 And then, of course, a nice presentation, which will be a

08:20:45 community center for this particular area.

08:20:48 And let me go ahead and show you the aerial.

08:20:52 There's the existing restaurant, of course.

08:20:54 This is a little neighborhood commercial node proximate to

08:20:58 the interstate.

08:21:01 Part of the Tampa Bay Heights area.

08:21:06 An existing use for redevelopment to allow, I think it's

08:21:12 going to go to different hours of operation but also a

08:21:15 double drive-through to accommodate its patrons twice as

08:21:18 fast.

08:21:19 Planning Commission staff found the proposed request

08:21:22 consistent with the comprehensive plan.

08:21:24 Thank you.

08:21:24 >>ABBYE FEELEY: Land Development Coordination.

08:21:39 This is the McDonald at Martin Luther King and north Central

08:21:43 Avenue, and currently it's one of those instances where it

08:21:47 has a drive-through window that was approved before

08:21:51 drive-through windows were special uses.

08:21:54 So what they are seeking to do this evening is add a 22

08:22:00 square foot addition, and to add a double drive-through.

08:22:04 So they have accomplished that under a PD request in order

08:22:08 to receive the waivers that are necessary, both to

08:22:13 memorialize the existing conditions and also to take care of

08:22:18 the site that will be as built.




08:22:26 As Tony just showed you, the future land use map, here is

08:22:31 the zoning atlas.

08:22:33 You will see the CG at the northern peak and CN at the

08:22:38 southern piece.

08:22:41 The building is exactly in the same location.

08:22:43 There will be a small addition that's going to be put on the

08:22:46 front.

08:22:47 And then they are proposing a 1500 square foot community

08:22:51 center for the neighborhood to be built at the rear of the

08:22:54 property.

08:22:57 That could potentially be phased on the property.

08:23:02 I'm not sure we know the exact date of when that will be but

08:23:05 that PD will allow that to be constructed.

08:23:10 Here is the aerial.

08:23:15 And I'll show you some photos of the site.

08:23:23 This is Martin Luther King looking south toward the site.

08:23:27 That addition is going to be over in this area here.

08:23:32 This is the Central Avenue view.

08:23:35 This is from the T rear of the property.

08:23:38 You can see the current drive-through configuration.

08:23:42 That is that same view without the tree in the way there.

08:23:46 This is the northeast corner across central and MLK.

08:23:50 Another shot.

08:23:52 Difficult area to take photos on.

08:23:55 The northwest corner.




08:23:57 This is looking down central.

08:23:59 This is to the east of the property.

08:24:02 And then back on Central Avenue, there is some commercial

08:24:09 uses there as well.

08:24:14 This is just south of the existing area.

08:24:32 There are several waivers being requested.

08:24:36 This is a PD.

08:24:37 To reduce the required use area from 8-foot 207-foot with

08:24:43 payment of fee in lieu at the time of permitting.

08:24:45 This is an existing condition.

08:24:47 Section 20.5, to allow for the retention of the existing

08:24:50 free standing sign with a height of 35 feet.

08:24:53 This is an increase of 15 feet over the sign code

08:24:57 requirement of 20-foot, and existing property area of 100

08:25:00 square feet per sign face which is an increase of 50% for

08:25:05 each sign face that code currently would be 50 square foot

08:25:10 maximum.

08:25:10 The third is to reduce the required use buffer from 15-foot

08:25:14 with a 6-foot concrete masonry wall along the south to 6.51

08:25:19 feet with a 6-foot concrete masonry wall.

08:25:22 And last is to reduce the drive aisle width from 22 feet to

08:25:26 15 feet for the existing drive aisle located along the north

08:25:30 side of the existing restaurant.

08:25:35 As I did mention, this is to construct a 22 square foot

08:25:40 addition and a one-story, 1500-square foot community center




08:25:41 along the southern portion of the property.

08:25:43 It is a 1.34-acre site, and it is surrounded by residential

08:25:47 to the south, commercial to the west, east and north.

08:25:54 A total of 47 parking spaces are required and 54 are being

08:25:59 provided.

08:26:02 Which consist of 51 standard faces and three ADA spaces.

08:26:07 The proposed building height is 17 feet 11-inch to the top

08:26:10 of the parapet and 15.4 for the community center.

08:26:15 There are a few modifications that need to be made.

08:26:19 Just, I believe, two.

08:26:21 The first is that the waivers be revised to read as I have

08:26:24 provided on the first page of the staff report.

08:26:27 And also there is currently one waiver on the site plan

08:26:30 that's not necessary and staff is asking that be removed.

08:26:34 And the second is that Mary bow like a notation to be added

08:26:38 that all the existing trees at the community center is

08:26:41 proposed to be will stay until construction of the community

08:26:44 center would occur.

08:26:46 So those would just stay now until phase 2 when they

08:26:49 constructed the community center.

08:26:55 Other than that I have provided you with the special use

08:26:57 criteria for the drive-in window.

08:26:59 There are three cry criteria, and this application has met

08:27:02 all three of those criteria.Dy provide you with the PD on

08:27:07 page 4 and 5 and staff found this application consistent




08:27:11 with those criteria as well.

08:27:13 Thank you.

08:27:13 >> Good evening.

08:27:25 You all are supposed to be very hungry by now.

08:27:28 >>HARRY COHEN: You're making it worse.

08:27:33 >> I would bring treats if you would let me.

08:27:36 You know what?

08:27:37 I'm excited.

08:27:39 It is another project with another potential reinvestment

08:27:41 that I'm very excited about this neighborhood.

08:27:45 I really enjoyed working with these neighbors.

08:27:47 This is what you have, what you just saw.

08:27:49 On the one that we are proposing, you have seen this one

08:27:52 before.

08:27:53 We are looking at adding a stone to the front of this one.

08:28:00 And it's been 22 years.

08:28:01 It time for an update.

08:28:06 The Kasper company is owner this location, and what makes

08:28:14 this unique, the 22 square feet squares off, makes it a

08:28:19 little more functional.

08:28:21 As we always do, we would be adding the double

08:28:23 drive-through.

08:28:24 We would be making sure that the building met the new ADA

08:28:28 requirements, and need to check that both inside and out.

08:28:32 And do the new rephrase to the building.




08:28:35 What different is the -- what different is the potential of

08:28:39 the community center, which is shown here in the back, very

08:28:44 unique, and this is an idea that the Kasper company had

08:28:52 trying to look at the needs of this community.

08:28:54 They had a little bit of extra area.

08:28:56 And is this something that they could bring to the table for

08:29:01 the community?

08:29:02 The thought was if you had a Girl Scout troop that needed to

08:29:06 have a regular meeting place, if you had a tutoring group

08:29:09 that need to have had regular meeting places.

08:29:11 This was not something of something where you would charge

08:29:13 for an event.

08:29:14 It would truly be something that would be organized and

08:29:20 controlled and people would not just run wild.

08:29:24 It truly a community center for the area.

08:29:28 I met with the Tampa Heights civic association.

08:29:33 I had a really, really good meeting with them.

08:29:35 And they were very happy with the meeting part of it.

08:29:39 The community center is one of the things that -- this is

08:29:43 what the community center is proposed to look like.

08:29:46 But they made us aware that it looks like almost -- that

08:29:52 there's another community center that's already coming out

08:29:54 of the gate, where a church is being remodeled, and they

08:29:57 asked that -- they had sent us information since then, and

08:30:02 their thought is a community center might not be needed and




08:30:07 we could take a look at what happening at the on the

08:30:10 community center and basically ongoing research is going to

08:30:14 have to be done.

08:30:15 We don't want to create something that's not going to be

08:30:18 needed.

08:30:19 But because we are going through the process we did want to

08:30:21 include the community center.

08:30:23 So the research with the towing community it something that

08:30:26 we would already have the entitlement to move forward on.

08:30:30 So won again, the improvements to the restaurant would

08:30:34 happen immediately.

08:30:35 The improvements of developing the community center wouldn't

08:30:38 happen until we meet with the community and what have you.

08:30:43 And this has a very good board for this neighborhood

08:30:45 association.

08:30:55 One of the things that's kind of come up everywhere, you

08:30:58 have a lot of people just kind of moving through the area.

08:31:02 And it was kind of like would you stop some of that.

08:31:07 I think everybody kind of worked on the same thing.

08:31:09 The on the community center is fairly close but there's a

08:31:12 lot of people kind of moving through the streets and trying

08:31:15 to figure out how to bring some more order to the

08:31:17 neighborhood.

08:31:19 The city has asked that we not disturb the landscaping until

08:31:23 we were actually going to build something.




08:31:25 I think that makes perfect sense.

08:31:26 We are actually very fine with that.

08:31:29 We did receive e-mails in support from three owners that did

08:31:34 not attend the meeting, and I had a long conversation with

08:31:37 Patricia Williams who owns the beauty shop on central across

08:31:39 the street with us.

08:31:44 Got a lot of calls that day.

08:31:46 So she didn't have any concerns.

08:31:49 She had a lot of questions.

08:31:50 And did not have any opposition to the project.

08:31:54 We do need the special use for the drive-through windows.

08:31:59 You know, we would love to be able to obtain these waivers

08:32:03 and get going and bring this one up to the standard of what

08:32:06 we are trying to do all over the city.

08:32:08 Hopefully, if you all are driving around now, you are seeing

08:32:11 more and more the Tampa Heights civic association did give

08:32:17 us alert of support, and they did ask that we take a look at

08:32:20 the community center but they since followed up with more

08:32:23 specific information.

08:32:25 And I have a copy of that.

08:32:27 >>HARRY COHEN: Councilman Reddick.

08:32:29 >>FRANK REDDICK: Thank you.

08:32:34 Listening to your presentation, there are two things I

08:32:36 didn't hear from you.

08:32:39 That concerns me.




08:32:40 And that is, one, you didn't say nothing about -- you know,

08:32:49 two blocks from where you are talking about proposing a

08:32:52 community center, there's a little house, public house

08:32:55 called Robles Park.

08:32:57 You didn't indicate anything that you met with the residents

08:33:02 or council of Robles Park.

08:33:04 Two, you didn't mention anything to me that you met with the

08:33:06 Housing Authority.

08:33:08 And when you looked at the church that Heights is talking

08:33:13 about, that is on Palm Avenue.

08:33:16 Now, that's several, several blocks away from this little

08:33:21 housing complex that has no recreation or community outlet.

08:33:29 At their facility.

08:33:31 And so I would think if you are thinking about proposing a

08:33:39 community center, I would think that you would want to meet

08:33:43 with the resident council of the public housing.

08:33:47 They are the closest people to that proposal.

08:33:51 They are right off the street, one and a half blocks.

08:33:54 Okay?

08:33:55 Or the Tampa Housing Authority, who owns that public

08:33:57 housing.

08:33:59 And that's a civic association.

08:34:09 They are good for what they plan on doing, but they are

08:34:13 years away for completing the renovation of that church.

08:34:18 They are years away.




08:34:21 I mean years away.

08:34:23 I been working with them on that project.

08:34:26 So I know this.

08:34:28 And I don't know what your anticipation, years that you are

08:34:33 looking at doing this community center.

08:34:37 But I think to wait on the completion, or await feedback

08:34:45 from the civic association, will be a disservice to those

08:34:52 kids who frequently will be at McDonald's.

08:34:59 He have morning when I come through there, they get their

08:35:02 egg McMuffins.

08:35:03 >> The day is better when you start off with an egg

08:35:10 McMcMuffin.

08:35:11 Does it not just take off from there?

08:35:15 >> I think you need to reach out to Jerome at the Housing

08:35:22 Authority and reach out to the residential council at Robles

08:35:26 Park.

08:35:27 Because those are the people that will frequent,

08:35:33 particularly the residents that live in that -- they are the

08:35:39 ones who will have activities to participate, and I just

08:35:45 think you need to reach out, the civic association.

08:35:49 It's going to be years.

08:35:50 I don't know if they allow you to tour the church.

08:35:52 >> They have invited McDonald to tour, and it's not been

08:36:00 allowed to happen yes. I don't want you to think that the

08:36:02 research has stopped on a community center.




08:36:05 This is out of the box for them.

08:36:07 The research is on the community center.

08:36:12 What they figured out is they did have room, should research

08:36:15 prove that this would be an asset to the community.

08:36:19 There was a lot of discussion about the housing across the

08:36:24 street from us that is obviously one of the things that we

08:36:27 would obviously want to go talk to them to, but you have to

08:36:31 take very careful steps into doing something like this and

08:36:34 make sure you put the proper controls in and that it would

08:36:37 truly be an asset and not have any unintended consequences.

08:36:41 The civic association would probably rather that McDonald

08:36:44 look at becoming a corporate sponsor and speed up the other

08:36:47 project.

08:36:48 So I think that's where they were looking at.

08:36:50 So I wanted to emphasize that that is a very new concept

08:36:58 that is going to require a lot of conversation.

08:37:01 And I can tell you there's going to need to be dialogue

08:37:04 between the civic association regarding housing, because I

08:37:07 can already tell there's going to be a conflict there.

08:37:09 So it's one of those things that we are not saying that --

08:37:13 we are already going through this process.

08:37:15 We wanted to go ahead and make it clear we would move

08:37:19 forward with the restaurant immediately, and that we have

08:37:22 time to step back and talk with people, interview people,

08:37:26 and get really good research.




08:37:29 McDonald is known for their research.

08:37:31 And we have time to get that research and make a wise

08:37:34 decision there.

08:37:35 That's why leaving the landscaping in place there makes

08:37:38 perfect sense.

08:37:39 There's in a sense in taking down anything we might not

08:37:41 need.

08:37:42 The waiver that we are requesting that is not tied to

08:37:44 existing is tied to the community center which is basically

08:37:48 a setback offer.

08:37:51 So once again, it is a new element.

08:37:53 It is outside of the box for McDonald.

08:37:56 But it was really trying to take a look at this community

08:37:58 and try to be open enough to see if it's something they

08:38:02 could provide a service that they felt was needed in the

08:38:07 area.

08:38:07 >>HARRY COHEN: Councilwoman Capin.

08:38:11 Are you done, Councilman Reddick?

08:38:13 >>FRANK REDDICK: I'll yield.

08:38:18 >>YVONNE CAPIN: Um --

08:38:20 >>HARRY COHEN: I have to say it smells like there's

08:38:22 something burning.

08:38:22 And I think in the respect of safety we ought to recess for

08:38:30 a minute to figure out what it is and we'll come right back.

08:38:33 It just happened in the last two, three minute or so.




08:38:40 >>YVONNE CAPIN: When you were speaking about the

08:40:43 neighborhood and the delay or the -- to wait was because the

08:40:50 church was being renovated for a community center, I

08:40:57 couldn't connect the church.

08:40:58 And when you put up the neighborhood, I realized that church

08:41:01 is south of Columbus drive.

08:41:05 This is on Buffalo Avenue.

08:41:07 There's got to be, what, at least a mile and a half.

08:41:11 How far apart is that?

08:41:13 They are two different neighborhoods.

08:41:15 They are two completely different neighborhoods.

08:41:17 And they are probably identified as different neighborhoods.

08:41:22 I'm just curious how one --

08:41:26 >> Receiving the same area.

08:41:28 They didn't ask us to wait.

08:41:29 They asked us to become informed about the other one.

08:41:33 So we could work at what we are going to service or maybe

08:41:38 not service, I'm sure they want McDonald to contribute to

08:41:41 that as well, or instead, but they did not ask us not to

08:41:46 move forward on this.

08:41:46 They invited us to just become informed.

08:41:49 We were not aware of that particular project.

08:41:52 We have not seen their time lines.

08:41:56 We just started to get information over on that.

08:41:59 But once again, it's the type of thing that you would want




08:42:02 to reach out a lot of ways, and quite honestly there's a lot

08:42:05 of city staff we still want to visit with in gathering that

08:42:09 research.

08:42:09 So they viewed it as being the same market.

08:42:14 We were unaware of it.

08:42:15 And we told them we would not make a decision until we added

08:42:20 that part of the information and research.

08:42:24 >>YVONNE CAPIN: So there is no time line or time line for

08:42:33 the community center?

08:42:34 >> The time line according to Abbye who is all wise knowing

08:42:40 I think would have to happen in five years based on this

08:42:42 approval.

08:42:42 >> It would have to happen within five years, Abbye?

08:42:46 >>ABBYE FEELEY: Land Development Coordination.

08:42:52 I'm a little bit confused.

08:42:53 But the community center is not required in any way with

08:42:56 this application.

08:42:59 When you PD any property, we always like to say in the

08:43:03 future if you are considering other things, you know.

08:43:06 So under the provisions of the PD, you get five years to

08:43:09 substantially construct, which is 50% construction.

08:43:13 So if you were to look at this in the strictest sense of the

08:43:17 terms, the restaurant would probably fulfill that 50%.

08:43:20 Does that mean that the community center, you know -- a PD

08:43:24 never goes away so that would always be an option down the




08:43:27 road.

08:43:29 You know, in the centimeter district, the zoning district in

08:43:32 the bottom there, they probably could have built private

08:43:35 recreational facility by right.

08:43:37 So that was a way to couple some of the future uses for that

08:43:41 south piece, since they were satisfying everything they

08:43:43 needed for their restaurant piece, they were just looking at

08:43:47 other options for the property as well in the future.

08:43:50 >>YVONNE CAPIN: I understand one is separate from the on

08:43:53 the, and the restaurant --

08:43:55 >> Yes.

08:43:56 But they will be coupled under one zoning law through this

08:43:59 application.

08:44:01 >>YVONNE CAPIN: But because it's an idea to build and

08:44:07 substantial would be 50% doesn't mean they will ever have to

08:44:11 build.

08:44:11 There's no requirement to do that.

08:44:13 That's --

08:44:15 >> Right.

08:44:16 There's no requirement.

08:44:18 >>YVONNE CAPIN: Okay.

08:44:19 Thank you.

08:44:20 Thank you for cleaning that up.

08:44:21 Thank you.

08:44:22 >>FRANK REDDICK: The last thing I want to say about this, I




08:44:36 hope that you reach out to the Housing Authority and the

08:44:40 resident council of that neighborhood and give their

08:44:43 feedback and have some of their input about what they would

08:44:46 like to have.

08:44:50 Since you are considering it, I am going to hold you to it.

08:44:54 But if you can go forward, if you go forward with this, I

08:44:59 would hope that you reach out to that community, because

08:45:03 those are the people that built part of that center, and

08:45:09 that neighborhood is in desperate need some of activity,

08:45:16 something like a community center.

08:45:17 I just hope that you will reach out to the resident council

08:45:21 at Robles Park as well as the Housing Authority and have

08:45:23 some conversation.

08:45:25 >> Absolutely.

08:45:26 I think it's a great suggestion.

08:45:27 >>HARRY COHEN: I have just one question of, I think, maybe

08:45:34 both of you before we go to public comment unless any other

08:45:37 council member has something.

08:45:38 On the revision sheet, the item to allow for the retention

08:45:42 of the existing free standing sign, let me understand

08:45:44 exactly what it is that we are being asked to do there.

08:45:49 Are we being asked to basically make a nonconforming sign

08:45:54 conforming as part of the PD?

08:45:56 >> Yes.

08:45:58 >>HARRY COHEN: Do we have to do that in order to approve




08:46:01 it?

08:46:01 Because it seems to me, wouldn't the sign -- Abbye knows

08:46:06 what I'm asking about.

08:46:07 >>ABBYE FEELEY: The sign in its current condition may

08:46:13 remain there.

08:46:13 Should the sign at some point in time be destroyed, it would

08:46:16 need to be built back to code.

08:46:20 These waivers would make that sign conforming, and could

08:46:25 remain there indefinitely.

08:46:26 >>HARRY COHEN: I have a problem with that.

08:46:28 I feel like we should -- the sign can remain there as long

08:46:32 as it's there, but I really feel like if the sign is going

08:46:38 to be rebuilt one day it should be rebuilt to the present

08:46:41 specifications, not to the larger --

08:46:50 >>> The way it is now and the way it been in other places,

08:46:58 if we don't touch the sign, the sign can stay.

08:47:01 So --

08:47:06 >>HARRY COHEN: So you can replace the face of the sign.

08:47:08 >> You can do maintenance and replace the face.

08:47:15 Bun of the things that you are always trying to look for --

08:47:21 obviously the signage is a very key element for McDonald.

08:47:24 This one is the one closest to really picking up the

08:47:28 interstate traffic, okay?

08:47:30 And one of the things that you have to look at, yes, you

08:47:35 have the right to replace the face, but you don't have the




08:47:39 right to replace a pole base should it be deemed that it is

08:47:46 deteriorating prematurely for some reason, it's not deemed

08:47:51 safe, and we want to be able to make sure that we never had

08:47:55 a sign that might fall, and they are inspected and looked at

08:47:59 for their safety.

08:48:00 So it has become one of the things that we look for, because

08:48:03 the pole, making repairs to the pole and the base has become

08:48:09 a questionable issue of is that maintenance, or is that

08:48:13 changing a nonconforming sign?

08:48:15 So that is why we have included this in this manner, is

08:48:19 because we had that issue come up before in different

08:48:22 jurisdictions.

08:48:24 But the face is pretty standard everywhere.

08:48:28 And the poles are -- that's the new element, because

08:48:32 McDonald has started inspecting poles, and light poles and

08:48:38 really kind of looking at the extra safety.

08:48:41 So the store is 22 years old.

08:48:43 I do not know the condition of the pole. It's just one of

08:48:45 the things that we started to look at.

08:48:48 Signage is an important aspect to them because McDonald's,

08:48:52 probably more so than any fast food user, is more impulse

08:48:55 driven by the site of the sign.

08:48:59 Where the average fast food is about 40%, McDonald's is

08:49:03 right at 69, 70% based on the signage.

08:49:06 So it's a very critical element to us.




08:49:09 >>HARRY COHEN: We have a sign code, though, in the city,

08:49:14 and I have to tell you, we just had a discussion in our last

08:49:19 case about setting precedent.

08:49:21 And when applicants come up and want to grandfather in

08:49:26 nonconforming signs, the longer that we continue to make

08:49:30 them conforming, the longer it's going to take us to get to

08:49:35 a city that is free of a lot of visual blight.

08:49:38 And the new sign requirements, I think, take us a long way

08:49:45 toward making our streets more attractive.

08:49:48 And I have real problems with this particular waiver.

08:49:53 I understand what you are saying.

08:49:55 I just -- you know, I feel like this is what we are trying

08:50:00 to do is move toward a city that doesn't look so -- it

08:50:05 doesn't have so much visual traffic, for lack of a better

08:50:11 way of stating it.

08:50:12 I don't know if of the others have a view they want to

08:50:16 express on this, or Abbye, if you have anything to add.

08:50:18 >>> What is the city's position on pole repair?

08:50:43 >>HARRY COHEN: Is there someone here that can help us

08:50:46 answer that question?

08:50:47 I think -- her question is, what is the city's position on

08:50:53 pole repair?

08:50:54 Is that a material?

08:51:22 >>JULIA COLE: Legal department.

08:51:24 In fact, this is a pole that's nonconforming, it's a




08:51:28 nonconform sign, this is a pole part of our nonconforming

08:51:32 sign there are limitations in the amount of repair work that

08:51:35 can be done to that sign under your code.

08:51:37 So this would allow them to T opportunity to repair them but

08:51:41 it would at the same time make it a conforming sign.

08:51:43 >> I'm sorry, what was the last thing you said?

08:51:46 >>JULIA COLE: By allowing this to be approved through the

08:51:48 PD it would make it a conforming sign, absolutely, but at

08:51:51 the same time under your code, nonconforming signs, there

08:51:54 are limitations on the amount of repair work that can be

08:51:57 done.

08:51:57 >> Can some repair work be done?

08:52:00 >> Some minimal repair work.

08:52:01 If it get to a certain percentage, it goes over that

08:52:04 threshold.

08:52:05 I can't recall what that percentage is off the top of my

08:52:07 head.

08:52:08 It may be 50%.

08:52:10 Or a cost associated with that.

08:52:12 >>HARRY COHEN: Councilwoman Mulhern.

08:52:16 >> Go ahead.

08:52:21 >>ABBYE FEELEY: One on the item, I don't know, if something

08:52:23 were to happen to that sign, this would be PD, they couldn't

08:52:27 come back through a variance process or some other process

08:52:30 to then ask for a hardship for the sign.




08:52:32 They would have to re-PD it again just to get that signage

08:52:37 waiver.

08:52:37 You may remember that on Salem --

08:52:40 >> I don't understand what you just said.

08:52:42 >>ABBYE FEELEY: On PD you could not get a variance for a

08:52:46 PD.

08:52:47 You would obtain it on a waiver for PD.

08:52:49 You don't go back and then go back to the VRB after

08:52:52 something is PDs for like landscape removing or something

08:52:56 that would originally have been considered by the Variance

08:52:58 Review Board had it been a CG zoning or CI zoning.

08:53:03 You could get go to the VRB for your signage.

08:53:07 When something is PD'ed you can't do that.

08:53:11 >>HARRY COHEN: Why would they come for a waiver for the

08:53:14 sign?

08:53:15 >> I have done it on the Salem, Hillsborough, we did it for

08:53:20 the drive-through, then they wanted to change out their sign

08:53:23 to a message board, and they had to make what they had

08:53:29 conform, and the only way to do that was come back, re-PD

08:53:33 it, get waive for the signage, then it would be a conforming

08:53:36 sign, then they could change out the message board portion

08:53:39 to an electronic message board, because they had a

08:53:41 nonconforming sign, they couldn't do that.

08:53:43 >>HARRY COHEN: Councilwoman Mulhern is next.

08:53:49 >>MARY MULHERN: Are you saying that there is a problem with




08:53:56 this the sign and you need to do a repair?

08:54:02 That's why you are asking for the waiver?

08:54:03 Or are you just doing it because you are here and it makes

08:54:06 sense?

08:54:08 Is this just like a hypothetical?

08:54:10 >> No.

08:54:13 First of all, I do not have any knowledge of any problem

08:54:16 with the pole.

08:54:16 How far, it has been something that McDonald has been coming

08:54:19 across.

08:54:19 So as we have been moving through --

08:54:22 >> What have you been coming across?

08:54:24 >> About the poles and whether the repair was allowed or not

08:54:28 would happen in other jurisdictions.

08:54:29 >> You have been having a lot of problems with the repair?

08:54:32 Like what?

08:54:33 What's wrong with the poles?

08:54:36 >> A pole is just like part of a building, what have you.

08:54:40 It just part of a normal -- like a light pole.

08:54:45 >>MARY MULHERN: What would typically happen, if you had

08:54:52 something, the pole was such bad shape, would you be

08:54:56 replacing it?

08:54:57 >> A lot of times, and once again it is a trend that we are

08:55:03 seeing.

08:55:04 Let say you have a pole that has an issue.




08:55:06 And then you have a threshold where you can repair it to a

08:55:08 certain amount.

08:55:11 Where the best thing or the -- the best thing would be to

08:55:15 replace the pole, same height, same everything, and just put

08:55:19 one in.

08:55:20 And you can't do that then because you are --

08:55:24 >>MARY MULHERN: Right, I understand that.

08:55:25 >> So what we have been doing is trying to address that as

08:55:29 we are going and improving property.

08:55:31 So it is just part of what we have been doing.

08:55:35 >>MARY MULHERN: I understand that.

08:55:36 You really answered my question.

08:55:37 And since chairman Cohen brought this up, I agree with him

08:55:44 that the point of our sign code was to get when sign changes

08:55:50 are made to get them to conform.

08:55:52 So if the problem you are anticipating is having to replace

08:55:56 the pole, and at that point, that's the time that we would

08:56:03 want you to come in to conformance.

08:56:07 So I don't think that -- I agree with him.

08:56:11 And thank you for bringing that up.

08:56:13 If you could agree to remove that request.

08:56:16 And I don't know what that would mean, between first and

08:56:19 second reading?

08:56:27 >>YVONNE CAPIN: Ms. Feeley, let's go back to the PD.

08:56:32 Once it is zoned PD, they cannot come for a variance on




08:56:37 their sign?

08:56:39 >>ABBYE FEELEY: Correct.

08:56:42 >>YVONNE CAPIN: And everyone else can?

08:56:43 >> No.

08:56:45 >>YVONNE CAPIN: On the properties that are not PD'ed?

08:56:47 >> Right. If you are in Euclidean zone.

08:56:49 >> I can see a hardship in that.

08:56:52 >>ABBYE FEELEY: In addressing this issue now, because they

08:56:57 don't have another outlet.

08:56:59 Say they wanted to go before the VRB, because their location

08:57:04 next to the interstate, their visibility that needs to be

08:57:08 higher, they need to keep the pole sign.

08:57:13 If they remained at CG with a special use they could go

08:57:16 before the VRB and say they have hardship, we are next to

08:57:19 the interstate, we don't have visibilities, so we would like

08:57:23 to raise the height of our sign from X to Y, it been that

08:57:28 for 54 years, DA-DA-DA.

08:57:32 So once they go PD, that other Avenue is no longer available

08:57:35 because all of the regulations which govern are now on that

08:57:38 site plan.

08:57:39 >> Okay.

08:57:41 I understand.

08:57:46 Therefore, once it is zoned PD, they in essence don't have

08:57:52 the same options as other property owners that can come

08:57:56 before and ask for variance.




08:58:01 >> Right.

08:58:01 You have others that come back in PD like say legal, like

08:58:05 IKEA came back and wanted another sign.

08:58:07 They come back and rezoning again.

08:58:09 Then that argument is before you under the PD criteria, and

08:58:13 those other criteria versus the hardship criteria of the

08:58:15 variance Review Board.

08:58:20 >>YVONNE CAPIN: Okay.

08:58:25 So if that part was eliminated, then if they wanted to come

08:58:30 back and add another sign at the same height they have to

08:58:36 come back and rezoning again to PD?

08:58:41 >> If that waiver is eliminated, the existing sign gets to

08:58:45 stay until such time it is either destroyed or deemed that

08:58:49 it is not functional or it's a safety hazard and needs to be

08:58:54 removed and then their options would be either replace it

08:58:57 with a sign that meets current code, or to come before you

08:59:00 and request to rezoning for the purposes of alternative

08:59:03 signage.

08:59:04 >> I understand that clearly.

08:59:08 Thank you so much.

08:59:11 Oh, and I want to apologize to everyone.

08:59:13 Did I say Buffalo Avenue?

08:59:15 I am so sorry.

08:59:17 That tells you how old.

08:59:20 But Buffalo goes with Columbus drive with LA-Michiga.




08:59:31 I apologize, MLK.

08:59:33 I'm sorry.

08:59:33 It dawned on me.

08:59:36 I'm reading the revision sheet, and I realized what I had

08:59:39 done.

08:59:40 So my apologies all the way around.

08:59:42 I know the name of the street.

08:59:44 I had my business on that street since Martin Luther King.

08:59:50 >>HARRY COHEN: Anything further?

08:59:56 My sense of the numbers up here tonight is that in order for

08:59:59 this to move forward to second reading and pass, I think the

09:00:03 sign element -- the sign item would need to come out of it.

09:00:11 If, not I don't know what would happen but I assume it would

09:00:14 come back -- that if it failed to get four votes either way

09:00:18 it would come back with a full council.

09:00:20 Correct?

09:00:20 >> Can I have a second?

09:00:37 >>HARRY COHEN: Sure.

09:00:40 >> We will remove the sign request from the waivers.

09:00:55 >>HARRY COHEN: All right.

09:00:59 Thank you.

09:00:59 Is there anything further from council members?

09:01:02 Is there anyone from the public that would like -- I'm

09:01:05 sorry?

09:01:06 >> If you would just -- we'll revise that revision sheet and




09:01:10 add that on there, and I will add it on staff copy as well.

09:01:15 >>HARRY COHEN: Is there anyone from the public that would

09:01:17 like to speak on this item?

09:01:18 >>> Ed Tillou.

09:01:22 And this is close to sulfur spring where I dwell and I know

09:01:28 that McDonald but I don't go that very much.

09:01:31 Here is an example of urban sprawl.

09:01:32 People don't realize that Florida Avenue to Nebraska Avenue

09:01:35 is a full mile, and that's right in the middle.

09:01:37 So to go to it, from the number one bus or the number two

09:01:42 bus, is a half a mile.

09:01:45 It is along the 32 route, and yet I don't think there's a

09:01:49 bus stop there, because what you have, I tried to excuse

09:02:01 McDonald from Spurlock but that's not to totally left them

09:02:05 off the hook.

09:02:05 They contribute to the sedentary nature of American life.

09:02:10 And one of the things that was left out of this proposal was

09:02:14 two drive throughs instead of one.

09:02:17 Now, I patronize McDonald, and I go to the counter.

09:02:21 And when I go to the counter you are always put on the back

09:02:24 burner for the drive-through so what are people going to do?

09:02:27 They are going to sit in their car.

09:02:28 They are going to get their food.

09:02:30 They are going to come to weigh 250 or 300 pounds.

09:02:33 And the thing is, a community center sounds nice but once




09:02:38 you build it you need additional parking spaces.

09:02:41 And this all follows from McDonald being separate from the

09:02:46 rest of American business and having blinders with respect

09:02:48 to public transportation.

09:02:51 There could be a stop along the 32 route.

09:02:54 Now, I don't use the 32 route much, so I am not going to go

09:02:58 there Ba it's along the 32 route, but other people might.

09:03:02 And this is the point.

09:03:03 You reach up in the air, you pull this term, urban village.

09:03:07 Well, urban village has abrupt.

09:03:11 It bankrupt.

09:03:12 It doesn't have public transportation that's used.

09:03:16 And with respect to the thing that came up before, used is

09:03:20 the key.

09:03:23 This number 19 buses that serve that Hyde Park neighborhood.

09:03:27 And there's not enough of them.

09:03:30 But you have got a chicken and egg circumstance because

09:03:34 people don't use it.

09:03:35 It's not there for people to lows use in the quantity that

09:03:38 they need, and so on and so forth, and you have a huge

09:03:41 parking problem.

09:03:42 Well, here is the news that everybody is overlooking.

09:03:45 The Middle East runs out of oil in 20 or 30 years, and take

09:03:52 baby steps in the direction of the big picture.

09:03:55 But you are talking change over a 50 or 70 years.




09:03:59 Because everything has been built around the automobile and

09:04:02 people just using the automobile and never using public

09:04:06 transportation.

09:04:07 You have got to start taking the baby steps in the right

09:04:10 direction.

09:04:10 You can't just keep rubber stamping gas stations.

09:04:13 I felt bad about the last issue to come forward because that

09:04:16 was a properly planned thing with landscaping and so forth,

09:04:20 and that was the object where the big picture came down on.

09:04:24 (Bell sounds).

09:04:25 >>HARRY COHEN: Thank you very much.

09:04:27 Is there anyone else from the public that would like to

09:04:29 speak on this issue?

09:04:32 If not, petitioner?

09:04:38 >> Excuse me, I would like to know if it would be possible

09:04:41 for me to change my mind and continue this until next

09:04:43 Thursday.

09:04:46 The August 2nd meeting.

09:04:47 >>HARRY COHEN: We'll have to take a vote of council because

09:04:56 there's five of us present.

09:04:57 But what's the pleasure?

09:04:59 >>MIKE SUAREZ: Chair, would that be notice enough time, Mr.

09:05:06 Shelby, for notice?

09:05:07 >>MARTIN SHELBY: For continuance?

09:05:10 It's an open public hearing.




09:05:11 It doesn't make a difference.

09:05:12 It can be continued as long as it's continued to a definite

09:05:15 date and time.

09:05:16 >>MIKE SUAREZ: I have no problem with her continuing it

09:05:18 then.

09:05:18 >>MARY MULHERN: Are you asking for a continuance because of

09:05:21 the sign issue?

09:05:22 >> Yes.

09:05:23 So I could talk to McDonald's directly.

09:05:29 >>YVONNE CAPIN: I move to continue to August 2nd.

09:05:32 >> We have a motion from Councilwoman Capin, seconded by

09:05:36 Councilwoman Suarez.

09:05:38 Any discussion by council members?

09:05:40 10 a.m.

09:05:41 Set for 10 a.m.

09:05:43 All those in favor of the motion please indicate by saying

09:05:46 aye.

09:05:48 Opposed?

09:05:49 Motion passes.

09:05:50 Thank you.

09:05:51 Continued to August 2nd.

09:05:52 Is that correct?

09:05:53 >> August 2nd at 10 a.m., I believe you stated.

09:06:01 >>HARRY COHEN: Thank you.

09:06:03 Item number 6.




09:06:04 >>ABBYE FEELEY: Land Development Coordination.

09:06:39 Item number 6 on your agenda this evening is V-12-20,

09:06:43 located at 1505 South Howard Avenue.

09:06:47 The request this evening is from RM-24 residential

09:06:50 multifamily to PD planned development for either business

09:06:54 professional office or residential.

09:07:03 I will did he have to Tony.

09:07:04 If you would remember just a few month ago, we PD'ed the

09:07:08 property to the north at 1503 South Howard.

09:07:12 Also, for PD for business professional office.

09:07:26 >>TONY GARCIA: Planning Commission staff.

09:07:27 I have been sworn.

09:07:48 It locate in the southern part of Howard Avenue right before

09:07:52 one reaches Bayshore.

09:07:54 There's the site as Mrs. Feeley stated to you but the

09:07:58 property to the north put in a similar request to what the

09:08:01 applicant is proposing this evening.

09:08:03 There's three single-family detached residences --

09:08:09 >>HARRY COHEN: I'm sorry, I can't hear.

09:08:10 Can you come around here?

09:08:16 >>TONY GARCIA: Yes.

09:08:30 I feel like Verizon.

09:08:32 Can you hear me now?

09:08:33 >>HARRY COHEN: Yes.

09:08:36 >>TONY GARCIA: Now you can hear me.




09:08:37 Thank you.

09:08:37 This is located as I said before in the southern part of

09:08:40 Howard before one reaches Bayshore.

09:08:42 Land use categories are R-35.

09:08:46 Ms. Feeley already told you what the zoning is and the

09:08:48 request is one that this body has approved not too long ago

09:08:53 for similar type of use to the north.

09:08:55 The character for this particular immediately surrounding

09:09:00 uses are single-family detached uses.

09:09:03 These are all used for low intensity type of office uses

09:09:09 which is what the request is before you this evening, just

09:09:11 to give you -- here is an aerial view to give you more

09:09:16 perspective.

09:09:17 I know that all of you -- Planning Commission staff found

09:09:22 the proposed request consistent with the comprehensive plan.

09:09:25 Thank you.

09:09:25 >>ABBYE FEELEY: As was mentioned, this is existing.

09:09:39 It is in the Historic Hyde Park historic district.

09:09:47 It off of the South Howard overlay district.

09:09:50 The request is to utilize the existing structure for either

09:09:54 business professional office, or residential.

09:09:57 The only two proposed uses.

09:09:59 There are eight waivers that are requested, and these

09:10:03 waivers are reflective of changing the occupancy of this

09:10:08 building from a residence to the office.




09:10:11 And the first is to reduce the required buffer along with

09:10:18 6-foot concrete masonry wall to zero foot with no wall or

09:10:22 fence, as there is an existing 6-foot PVC fence, located

09:10:28 adjacent to this on the south.

09:10:30 And there is also a request for the 15-foot with a 6-foot

09:10:34 concrete masonry wall, and on the west, and that would be

09:10:39 two 15-foot with no wall or fence as there is an existing

09:10:43 6-foot PVC fence on the adjacent property.

09:10:48 Based on the square footage of the existing building, the

09:10:51 required parking for business professional office would be

09:10:55 13 spaces, and they are going past three spaces, two tandem

09:11:01 in the driveway and one ADA behind that, the existing home,

09:11:04 and I will show you where that will be.

09:11:06 The ADA space would only be constructed if this is actually

09:11:10 turned into an office.

09:11:15 The other waiver is to use the tandem parking for

09:11:19 nonresidential use office to allow reduction in the drive

09:11:22 aisle from 26 feet to 10 feet, to reduce on-site drive aisle

09:11:27 width from 10-foot 7-foot, to retain the existing ribbon

09:11:34 driveway, to allow vehicles to maneuver in the right-of-way,

09:11:36 and the last to allow for commercial traffic access to local

09:11:40 streets.

09:11:44 Here is the subject property.

09:11:51 Here is the side.

09:11:53 This is looking back toward Howard.




09:11:56 These are the couple waivers that I talked to you about that

09:11:59 allow this to be 7 feet for the ribbon drive versus 10-foot

09:12:05 which would be regular for nonresidential.

09:12:09 This is the rear of the property where I discussed the

09:12:12 placement of the ADA, if the ADA is installed the pavers

09:12:17 would come out and the actual pavement would be put in

09:12:21 there.

09:12:21 There's also the PVC fence and landscaping that was the

09:12:25 request of the on the waiver.

09:12:28 Look back at the two properties.

09:12:30 This is the PD that was just done, I believe about three

09:12:35 month ago, that was converted to the T a real estate office.

09:12:39 And there is the last single-family at the corners of Stoud

09:12:49 which is blocked by a beautiful crape myrtle.

09:12:52 This is actually part of the property.

09:12:54 This driveway as you will see.

09:12:56 The property line actually is with the dog leg that comes

09:13:02 out.

09:13:02 It's a long walk there.

09:13:04 When we did the PD just to the north, the memory care center

09:13:10 has not been completed.

09:13:11 It is finished now.

09:13:13 Landscaping is in.

09:13:15 This is immediately to the south.

09:13:18 This is immediately to the south where the subject property




09:13:23 is.

09:13:28 This is back to the west looking back east toward Howard.

09:13:33 The entry, the memory care.

09:13:35 This is just on the on the side of that driveway that comes

09:13:39 out to Stoud, the parking area.

09:13:44 This is another shot looking back toward the subject

09:13:46 property.

09:13:52 Some minor modifications still required on the site plan.

09:13:55 Furthermore, transportation staff did find this request

09:14:00 inconsistent related to the access to local streets, the

09:14:04 reduction in required parking, and the use of tandem parking

09:14:08 for nonresidential uses.

09:14:14 Staff is here from transportation should you have questions

09:14:16 concerning that.

09:14:17 Furthermore, the Architectural Review Commission did review

09:14:20 the case on June 4th and recommended approval as

09:14:23 presented with the following conditions, that there is no

09:14:26 front yard parking permitted, that a final solution to the

09:14:30 solid waste enclosure would be reviewed and approved by ARC

09:14:34 staff, and if an ADA ramp is constructed, it would also need

09:14:37 to be reviewed and approved by the ARC staff.

09:14:41 I have attached their memorandum to the staff report.

09:14:46 That being said, if it is the desire of council to approve

09:14:49 this application this evening I would ask that you do so

09:14:52 with a motion for the modifications as presented by staff.




09:14:55 Thank you.

09:14:55 >>HARRY COHEN: All right, petitioner?

09:14:57 >> Good evening.

09:15:02 Scott Doster, here on behalf of the applicant and owner.

09:15:10 Just real brief history, we acquired this property as part

09:15:14 of the assemblage for the memory care development that is

09:15:18 just adjacent.

09:15:20 We acquired the property.

09:15:21 It has remained vacant for approximately five years.

09:15:26 We worked with the ARC to determine how to best utilize that

09:15:29 property, and that is our immediate neighborhood neighbor.

09:15:33 We wanted to make sure it was utilized in a manner that was

09:15:37 USF sustainable, and be a very high standard, consistent

09:15:41 with what we want.

09:15:44 R next to our property.

09:15:46 And so we decided that the best course of action was to go

09:15:51 ahead and improve the property, try to get it back up to its

09:15:54 original condition.

09:15:55 We spent quite a bit of money, quite a bit of money

09:15:58 replacing many element of the house consistent with ARC's

09:16:05 recommendations and their assistance.

09:16:07 And so now, basically in a nutshell, we are trying to

09:16:10 position the property so that we can find an owner occupant

09:16:13 that will sustain that property in a manner that is

09:16:16 consistent with the nature of that street.




09:16:18 And so that's the reason behind this request.

09:16:26 Be happy to answer any questions.

09:16:27 >>HARRY COHEN: Anyone from the public wish to comment on

09:16:30 this application?

09:16:33 Okay, I don't see anyone.

09:16:35 Are there any questions or comments from council members?

09:16:37 >>MARY MULHERN: Yes.

09:16:41 Abbye, or I don't know, if someone can just explain -- I'm

09:16:54 trying to understand this letter from Historic Hyde Park.

09:17:00 Are you satisfying their problem that they didn't want

09:17:04 parking in the front?

09:17:09 Let's see, parking should be reduced to two spaces including

09:17:12 handicapped, not three.

09:17:16 >> I did bring a copy of that also to put into the record.

09:17:20 I wasn't sure.

09:17:21 I actually had a conversation with John Jones yesterday

09:17:25 afternoon for probably half an hour, 45 minutes, about that

09:17:32 parking, and Elaine is here from historic preservation with

09:17:37 us tonight.

09:17:39 What Mr. Jones and I discussed was -- what they wanted was

09:17:43 one parking space in the driveway, and then the ADA to be

09:17:47 located, because in the district, the cars are not supposed

09:17:52 to be in the front facade of the structure.

09:17:57 >>MARY MULHERN: Each in the driveway they are not supposed

09:18:01 to park?




09:18:02 >>ABBYE FEELEY: Yes.

09:18:04 So I had said to Mr. Jones that, you know, there are two

09:18:08 options on this plan.

09:18:09 One is office option, one is residential option and if it's

09:18:15 residential that ADA is not going to be built there and the

09:18:18 two cars would probably be in the driveway, like you would

09:18:22 anticipate in a single-family residence, and I'm not sure

09:18:28 how that's enforced.

09:18:30 I did check with Elaine and she said historic preservation

09:18:33 could go by and if the cars, or a neighbor says it's not in

09:18:36 compliance.

09:18:36 But it appears there is plenty of room for them to pull up

09:18:41 far enough to meet that standard even in tandem.

09:18:45 So we did talk about that, and the other thing I think was

09:18:47 the maneuvering.

09:18:49 They didn't want people backing out onto Howard, which we

09:18:53 all upper is a huge safety issue, and I guess the tandem

09:18:58 with two cars you have an ability if somebody is in front of

09:19:01 you and they are not going to pull all the way through to

09:19:04 have to back up.

09:19:05 Even if one car is parked in the driveway and they don't

09:19:07 want to pull through the STRAUD, they can back up, too.

09:19:16 Even a note on the PD wouldn't be the best enforcement.

09:19:18 We would hope that they would pick safest route to exit the

09:19:23 property.




09:19:24 But we did talk about those.

09:19:27 He said he had submitted the letter, wasn't sure if he was

09:19:30 going to come down.

09:19:31 But I think it in the best position that we could get it to.

09:19:36 >>HARRY COHEN: Other council members?

09:19:41 Petitioner, any rebuttal?

09:19:43 >>FRANK REDDICK: Move to close.

09:19:46 >>HARRY COHEN: We have a motion from Councilman Reddick,

09:19:50 seconded by Councilwoman Capin. My further discussion by

09:19:53 council members?

09:19:54 If not all in favor indicate by saying aye.

09:19:56 Opposed?

09:19:57 Hearing none, the matter is closed.

09:20:01 Councilwoman Capin, could you take this one, please?

09:20:06 >>YVONNE CAPIN: Thank you.

09:20:10 We have an ordinance being presented for first reading

09:20:12 consideration, an ordinance rezoning property in the general

09:20:16 vicinity of 1505 South Howard Avenue in the city of Tampa,

09:20:21 Florida and more particularly described in section 1 from

09:20:23 zoning district classification RM-24 residential multifamily

09:20:29 to CD planned development office, business, professional and

09:20:32 residential, providing an effective date, along with

09:20:36 revision sheet Z-12-20.

09:20:43 >>FRANK REDDICK: Second.

09:20:46 >>HARRY COHEN: We have a motion from Councilwoman Capin,




09:20:49 seconded by Councilman Reddick.

09:20:51 All in favor?

09:20:52 Opposed?

09:20:53 Hearing none, motion passes.

09:20:54 >>THE CLERK: Motion carried with Miranda and Montelione

09:20:57 being absent.

09:20:58 Second reading and adoption will be on August 16th at

09:21:00 9:30 a.m.

09:21:01 >>HARRY COHEN: And we are to our final item of the evening

09:21:06 which is item number 7.

09:21:21 >>YVONNE CAPIN: In reference to item number 7, I have to let

09:21:24 the council and the public know that my mother-in-law lives

09:21:32 in these apartments, in this unit that is being -- that is

09:21:36 here.

09:21:37 It is -- how many units?

09:21:41 106-some units, and she rents there, so there is no

09:21:44 ownership.

09:21:45 And --

09:21:49 >>MARTIN SHELBY: If I can.

09:21:51 You and I had an opportunity to discuss this briefly, and as

09:21:54 you said, she does not have any real property interest in

09:22:00 this, she has no financial interest in this property, nor

09:22:04 financial interest in the matter that you are going to be

09:22:08 discussing, and voting on tonight.

09:22:11 Also, you did mention the fact that according to what I see




09:22:16 in the staff report, it's 1997 senior housing dwelling

09:22:20 units.

09:22:21 So she is part of a large class of people.

09:22:23 So even though under the city's code, a mother-in-law does

09:22:29 fall within the definition of relative, it is my

09:22:32 determination based on the facts that, number one is that it

09:22:38 does not inure to her special private gain, and any gain

09:22:44 that could be possible, even though she's a member of that

09:22:48 class, would be remote and speculative.

09:22:51 So it is my opinion, Councilwoman Capin, that under Florida

09:22:54 statute you are required to vote on this matter.

09:22:59 >>YVONNE CAPIN: Thank you.

09:22:59 >>HARRY COHEN: Okay.

09:23:02 >>ABBYE FEELEY: Land Development Coordination.

09:23:09 Your final item this evening is Z-12-24 located at 4501 and

09:23:15 4505 north Rome Avenue.

09:23:17 The request this evening is from RM 35 residential

09:23:20 multifamily to PD planned development, residential

09:23:23 multifamily.

09:23:38 >>TONY GARCIA: Planning Commission staff.

09:23:40 I have been sworn.

09:23:43 So this one also, this particular project before you this

09:23:45 evening is central planning district so again the

09:23:50 predominant planning district this evening is being

09:23:52 presented going right along with the plan where you are




09:23:55 seeing opportunity for development.

09:23:56 Actually, this is more of a corrective measure.

09:23:59 This site -- let me give you very quickly -- this is

09:24:03 residential 50, which is land use category.

09:24:07 There's a funny thing that happens when we select one of our

09:24:09 parcels sometimes, it changes and we can't read it so I

09:24:12 thought that was R-35.

09:24:15 So if you are seeing R-35 it's really R-50 and I want you to

09:24:19 understand that for the record.

09:24:20 This is R-35 the apartments to the north.

09:24:23 This is in the Wellswood, on the tip of the Wellswood

09:24:29 residential community.

09:24:30 This is Rome.

09:24:31 And this is Martin Luther King Boulevard.

09:24:36 Bridge.

09:24:39 And here is an aerial of the site as you can see the

09:24:42 apartments to the north.

09:24:45 A little farther to the north and their stadium.

09:24:47 Here is the single-family detached residential units.

09:24:49 And this is also commonly known as a CTA apartment and has

09:24:53 been there for quite a long time, and provides a very nice

09:24:57 location for a lot of people who have been there for many

09:25:01 years.

09:25:01 So I believe most of this, and the pump station here on the

09:25:07 corner, and minor density issue that they have on the site.




09:25:10 Planning Commission staff found the proposed request

09:25:13 consistent with the comprehensive plan.

09:25:14 Thank you.

09:25:26 >>ABBYE FEELEY: As Tony said, this is a corrective measure.

09:25:37 Gloria Moreda handled this case.

09:25:40 She hasn't done a zoning for a while so she wanted to

09:25:43 process and do everything, then she went to New Orleans and

09:25:46 left me without a staff report and everything.

09:25:50 Tony showed you the subject site.

09:25:52 Here is Rome to the west.

09:25:54 MLK to the south.

09:25:56 There's RM 35.

09:25:59 There's CG.

09:26:00 He showed you the aerial.

09:26:03 There are 197 existing units here, and it is shared with

09:26:10 City of Tampa public service use facility.

09:26:13 There are four waivers being requested.

09:26:16 And that is to reduce the required parking from 197 to 140

09:26:21 spaces to reduce the drive aisle width from 26 feet to 11

09:26:24 feet and from 22 feet to 19 feet, to reduce the cross aisle

09:26:29 width from 20 feet to 10 feet and then to reduce the

09:26:32 required number of loading berths from 2 to zero.

09:26:37 All these on-site.

09:26:39 Mr. Smith and his client came to us.

09:26:45 There is a desire for rehabilitation here, as the building




09:26:50 very much like what went on in metro 510 up the street from

09:26:53 downtown.

09:26:53 There's a nonconforming density.

09:26:55 And they cannot get financing to complete the rehabilitation

09:26:59 until we get them into conforming density.

09:27:02 So that really is the purpose of the PD before you tonight,

09:27:05 is to take care of that and have the 197 now conforming.

09:27:10 I believe Mr. Smith will explain to you, they are off like

09:27:14 somewhere in between 3 and 10 units or something.

09:27:16 So if what was there today burns down they could not build

09:27:19 back the 197.

09:27:21 By doing this PD, that rectifies the issue.

09:27:24 There are no requested modifications.

09:27:27 Staff found it consistent, and we are available for any

09:27:29 questions.

09:27:30 Thank you.

09:27:30 >>HARRY COHEN: Petitioner?

09:27:39 >> David Smith, 401 East Jackson Street 33602, representing

09:27:49 sage partners LLC.

09:27:50 As Abbye described, we are here today to basically take an

09:27:55 as-is site plan, 1971 was the construction date for CTA

09:28:00 apartments, 16 stories at 180 feet.

09:28:05 It has been the home for retired teachers for a long time,

09:28:08 and subsequently the retired teacher component is getting

09:28:12 smaller and smaller, bits a senior project and it's going to




09:28:15 continue to be a senior project.

09:28:17 Our client sage partners Methodist place approached the

09:28:23 owners and said this build cog probably use some tender

09:28:25 loving care, we have done this project before, what do you

09:28:29 think?

09:28:30 It became a good idea.

09:28:33 And that's when she asked me to take a look at it.

09:28:36 And I always come up with the problems.

09:28:39 So we had a nonconforming height, nonconforming density,

09:28:44 because when this was developed, the comp plan didn't exist,

09:28:46 and it met the current requirements, and I think R-3 which

09:28:52 is high-rise back then, and when they applied the new zoning

09:28:56 designation and the new comp plan, they got as close as they

09:28:59 could.

09:28:59 They didn't do an exact calculation.

09:29:01 And we ended up being three to ten units off.

09:29:04 As she described, this would mean that if 16 story building

09:29:08 was destroyed by fire, hurricane, that all of a sudden we

09:29:11 have to lose a floor, which would also mean we would

09:29:14 probably have to lose residents.

09:29:15 A lot of people have been there a long time, and they don't

09:29:19 intend to be going anyplace anytime soon at least on their

09:29:22 own.

09:29:23 There's other reasons they might leave.

09:29:25 But that being the case, let me show you a couple of




09:29:27 pictures.

09:29:32 Here is the look from the north.

09:29:38 Right now, there is currently some offices for CTA that when

09:29:43 the transaction takes place, they will move out.

09:29:46 That will become community space for the citizens.

09:29:53 Again looking at it from the south, very typical hey rise

09:30:00 structure in the period.

09:30:03 One of the best attributes right on the river, has great

09:30:07 access to the river.

09:30:12 This is from the west.

09:30:14 As well.

09:30:16 Again, very typical of the period.

09:30:19 That's a picture from the site but I don't think you need to

09:30:21 see this.

09:30:23 What we did is we worked with the city to develop

09:30:26 consolidated site plan that would bring the pump station

09:30:30 site and CTA to one PD.

09:30:32 This resolves the city issue.

09:30:35 The waivers we have requested only reflect existing

09:30:38 conditions.

09:30:38 The parking was grant add waiver when it was originally

09:30:41 built.

09:30:42 The number of spaces existing on the site.

09:30:45 So while we are asking for conformance, by this action, one

09:30:49 of those waivers is already granted.




09:30:52 We have met with the Wellswood civic association.

09:30:54 They have sat here all night waiting for this item to come

09:30:58 up.

09:30:59 Very thankful for them to do that.

09:31:01 But we had a very good meeting with them.

09:31:03 People are very excited I think also at the community, for

09:31:07 the renovations that will be planned.

09:31:09 And the timing of this is such that we need to move forward

09:31:14 now, because we have only so much time in order to get the

09:31:17 improvements done based upon the funding.

09:31:20 So this is the first step.

09:31:22 And then things will move very quickly after that.

09:31:24 Be glad to answer any questions anybody may have.

09:31:31 >>YVONNE CAPIN: Is this change of ownership?

09:31:33 >> There will be a change of ownership.

09:31:35 Sage partners, like they do with Methodist place, will take

09:31:39 ownership of the property, and under that ownership we'll do

09:31:42 total renovation of all interior elements of the facility,

09:31:48 new kitchens, new floors, new everything.

09:31:53 They are doing top to bottom on it.

09:31:57 Also they are arranging to -- not that it part of the zoning

09:32:01 but arranging to make sure the resident can stay there by

09:32:04 trying to either use unoccupied unit while they redo the

09:32:09 floors, and those they can't do, they will relocate those

09:32:12 two in temporary housing so that they can come back.




09:32:15 The idea, the residents that are there want to stay.

09:32:19 The new owner would want to have them there.

09:32:21 And they are making all the accommodations they can to make

09:32:23 sure that they can stay if they want.

09:32:25 >> And when they move on, if they move on, then what

09:32:33 happens?

09:32:34 >> It's still senior housing.

09:32:36 This will be a senior housing project, basically by

09:32:39 covenant.

09:32:39 The funding source will require that it remain senior

09:32:43 housing.

09:32:44 Many of the units, the majority of the units are section 8.

09:32:47 Those section 8 contract will stay in place.

09:32:50 There's about 12 market rate units.

09:32:52 Those market rate units will still be available.

09:32:56 But there's really nothing changing there other than the

09:32:58 fact that there will be a new owner coming in with new

09:33:00 financing that allows them to do tremendous improvements to

09:33:04 the facilities, and really make it a better place for the

09:33:07 residents.

09:33:09 As you know probably talking to your mother-in-law, they

09:33:15 have had a lot of little fires, little kitchen fires, got

09:33:19 drainage.

09:33:20 It leaks.

09:33:21 The plumbing is terrible.




09:33:22 All new plumbing will go in the building.

09:33:24 So it's going to be a better place for the residents to

09:33:26 live.

09:33:26 >> I'm familiar with the sage and the other projects that

09:33:31 they did.

09:33:32 I was at their ribbon cutting and saw the units.

09:33:37 They did an outstanding job.

09:33:39 And really relatively short period of time with little

09:33:46 discomfort to the residents as possible.

09:33:48 >> Well, Debra would be here tonight but she's president of

09:33:51 the national affordable housing group and they just happened

09:33:54 to have their meeting the same night up in Washington.

09:33:56 So she apologizes for not being here in person.

09:34:00 >>HARRY COHEN: Is there anyone from the public that would

09:34:04 like to address council regarding this application?

09:34:07 >> Good evening, council.

09:34:18 I'm Maria Cox.

09:34:19 I live at 4915 Darby Avenue, and I'm the president of the

09:34:24 Wellswood civic association.

09:34:31 I called Loretta, is it?

09:34:34 And I called Mr. Smith, and within a matter of a few days we

09:34:37 had a meeting going.

09:34:39 The community was informed.

09:34:41 We met with the sage group.

09:34:44 They showed us their property.




09:34:45 I also know some people in one of the properties that they

09:34:50 redid.

09:34:52 I talked to the people at CTA.

09:34:55 They all seemed very happy with this as do I.

09:35:00 A lot of people were against it originally, the CTA

09:35:04 building, but it part of the Wellswood community.

09:35:08 And I think it's going to be a very good addition to the

09:35:11 community.

09:35:12 So the civic association, this board, and some of the

09:35:17 community are all in approval.

09:35:20 And I thank you.

09:35:21 Good evening.

09:35:25 >>YVONNE CAPIN: I want to add that, you know, it has issues,

09:35:30 because it's 1971, the CTA had done an outstanding job

09:35:35 working with what they owned.

09:35:37 It is truly an outstanding building, and I look forward to

09:35:44 seeing those improvements.

09:35:45 >>HARRY COHEN: Is there anything else from the petitioner?

09:35:54 We have a motion to close by Councilwoman Mulhern, seconded

09:35:56 by Councilman Reddick.

09:35:58 All those in favor indicate by saying aye.

09:36:00 Opposed?

09:36:01 Okay.

09:36:02 Councilman Reddick, would you please take this ordinance?

09:36:05 >>FRANK REDDICK: I move an ordinance presented for first




09:36:19 reading consideration, an ordinance rezoning property in the

09:36:21 general vicinity of 4501 and 4505 north Rome Avenue in the

09:36:27 city of Tampa, Florida and more particularly described in

09:36:30 section 1 from zoning district classifications RM 35

09:36:35 residential multifamily to PD planned development,

09:36:38 residential multifamily, providing an effective date.

09:36:41 >>MIKE SUAREZ: Second.

09:36:47 >>HARRY COHEN: All those in favor please indicate by saying

09:36:50 aye.

09:36:50 Opposed?

09:36:51 Motion passes.

09:36:52 >>THE CLERK: Motion carried with Miranda and Montelione

09:36:55 being absent.

09:36:56 Second reading and adoption will be on August 16th at

09:36:58 9:30 a.m.

09:36:59 >>HARRY COHEN: So that brings us to the end of our meeting

09:37:03 tonight.

09:37:04 If there's any new business by council members, let's go

09:37:07 from left to right.

09:37:08 Councilwoman Mulhern.

09:37:11 Councilman Reddick.

09:37:14 Councilwoman Capin.

09:37:18 >>YVONNE CAPIN: I would like to present a commendation for

09:37:20 our purchasing department which received achievement of

09:37:23 excellence and procurement, six years in a row, the City of




09:37:27 Tampa has received the prestigious achievement of

09:37:31 excellence.

09:37:31 >>HARRY COHEN: Would you please like to set a date and time

09:37:35 for that commendation, or do that in the future?

09:37:39 >>YVONNE CAPIN: Yes.

09:37:40 August 2nd.

09:37:40 >>HARRY COHEN: At 9 a.m.?

09:37:45 We have a motion from Councilwoman Capin, second by

09:37:48 Councilman Reddick.

09:37:49 All in favor?

09:37:50 Opposed?

09:37:52 Anything else?

09:37:57 Councilman Suarez?

09:37:58 >>MIKE SUAREZ: I wasn't sure, were you waiting for me?

09:38:05 I only have one comment.

09:38:06 The events of last Friday concerning Aurora, Colorado makes

09:38:11 us aware of what has not been done in this country in terms

09:38:15 of how we feel about guns and how we treat each other.

09:38:20 I know that we still don't know enough about the perpetrator

09:38:25 of this crime in terms of what sky cossies he was suffering

09:38:29 from or what illness but we do know he was able to purchase

09:38:33 guns fairly easily, and ammunition fairly easily.

09:38:36 I always like to make sure that we point out that

09:38:40 neighborhoods and neighbors are the first line of defense

09:38:43 when it comes to knowing what is going on with individuals,




09:38:47 and I think that we should tell everyone that we have to

09:38:52 look out for what is happening in our neighborhoods and our

09:38:54 homes, and please be sure that if you think someone is not

09:39:01 being reached out to, not being taken care of, and

09:39:05 definitely if they are thinking about some type of act,

09:39:09 whether violent against themselves or against some other

09:39:12 people, to please report it.

09:39:13 I think that sometimes we lose sight when we start talking

09:39:16 about gun violence, that it's either just guns or just

09:39:20 owning guns.

09:39:21 It isn't just guns, it is about us being diligent and being

09:39:25 aware and making sure that we take the initiative in trying

09:39:31 to identify those folks that may hurt themselves and others.

09:39:36 And please, everyone be careful out there and here in the

09:39:40 City of Tampa especially.

09:39:42 Thank you, chair.

09:39:42 >>FRANK REDDICK: PSA for the week.

09:39:45 >>HARRY COHEN: Okay. Well, that is it.

09:39:49 We need a motion to receive and file.

09:39:51 >>FRANK REDDICK: Move to receive and file.

09:39:53 >> Second.

09:39:54 >>HARRY COHEN: All those in favor? Thank you very much.

09:39:56 We are adjourned.

09:39:58 >> (Meeting adjourned)

09:40:03






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