TAMPA CITY COUNCIL
Thursday, July 26, 2012
6:00 p.m. session
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06:07:50 >>HARRY COHEN: Good evening, everyone.
06:07:52 Welcome to the July 26th, 2012 meeting of the Tampa City
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
06:08:24 I would appreciate my absence being read into the record.
06:08:28 And I also have a memorandum here from councilwoman Lisa
06:08:34 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 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 >>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
06:11:01 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 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.
06:12:20 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
06:24:23 >>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
06:24:55 >>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
06:29:42 The subject property is 55 by 130 for a total 7,152 square
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
06:30:04 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
06:30:20 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
06:32:00 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
06:32:47 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
06:33:10 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
06:34:01 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?
06:35:53 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
06:38:01 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
06:39:35 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
06:40:26 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.
06:40:56 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
06:41:19 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
06:41:46 As I have already stated to you before, the character on
06:41:50 Westland is the variety majority of it is really
06:41:56 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
06:42:31 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
06:43:19 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
06:43:37 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 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
06:48:42 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.
06:54:16 That same situation.
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
06:56:31 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 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 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
07:01:10 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
07:04:46 And we are available for any questions.
07:04:54 >>YVONNE CAPIN: Do you have a date for when Yard of Ale
07:04:58 >> 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 Tonight with me is Brian Flaherty, the owner of Safeway
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
07:10:40 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 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
07:14:11 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
07:14:49 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
07:15:12 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
07:15:54 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
07:16:53 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
07:17:27 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
07:17:43 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
07:20:15 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
07:20:25 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 >>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
07:25:39 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
07:28:26 >> 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 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 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
07:31:44 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 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
07:34:52 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
07:36:25 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
07:37:15 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
07:37:34 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
07:38:12 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 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 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
07:42:30 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
07:43:04 There's in a parking.
07:43:06 They get a permit to get in there, and they have the city's
07:43:12 They have the parking.
07:43:15 And then they open a patio so they can double their
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
07:44:10 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 There are a lot of neighbors in the neighborhood, a lot of
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
07:48:48 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?
07:49:34 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 It's actually zoned commercial at Platt, which is an
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?
07:52:16 Go ahead.
07:52:19 >>GINA GRIMES: For the petitioner, I just have a brief
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
07:52:57 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
07:54:00 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 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
07:55:01 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 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 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.
07:56:16 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 >> So we don't have any idea when the main house was
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
07:57:58 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
07:58:37 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.
07:59:22 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
08:00:30 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
08:02:15 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
08:02:36 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 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
08:08:03 >>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.
08:08:20 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)
08:18:34 >>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 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
08:21:19 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
08:22:47 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
08:22:57 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 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
08:26:02 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
08:27:53 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
08:28:24 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
08:30:19 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
08:30:55 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
08:31:19 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.
08:33:55 Or the Tampa Housing Authority, who owns that public
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
08:35:11 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
08:35:27 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
08:36:48 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
08:37:42 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 >>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 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 >> 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
08:43:29 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
08:44:01 >>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 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 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
08:48:24 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 >> 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
08:52:05 I can't recall what that percentage is off the top of my
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 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
08:52:47 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
08:53:15 >> 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
08:54:08 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 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
08:55:04 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
08:59:04 >> 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
08:59:40 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 >> 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
09:01:06 >> 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
09:04:07 You have got to start taking the baby steps in the right
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
09:04:46 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 >>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
09:05:49 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
09:09:17 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
09:11:44 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'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 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
09:13:28 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
09:13:52 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 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
09:19:24 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.
09:19:57 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?
09:20:53 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
09:21:37 It is -- how many units?
09:21:41 106-some units, and she rents there, so there is no
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
09:22:21 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
09:23:38 >>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.
09:24:39 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 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 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
09:27:30 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
09:28:30 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 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
09:29:23 There's other reasons they might leave.
09:29:25 But that being the case, let me show you a couple of
09:29:32 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 The parking was grant add waiver when it was originally
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
09:30:59 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
09:32:34 >> It's still senior housing.
09:32:36 This will be a senior housing project, basically by
09:32:39 The funding source will require that it remain senior
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
09:33:09 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
09:33:20 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 >> 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
09:34:52 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
09:35:12 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.
09:36:02 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
09:36:51 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
09:37:04 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 >>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?
09:37:52 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)
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