Help & information    View the list of Transcripts

August 9, 2012
6:00 p.m.

This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.

6:08:02PM >>HARRY COHEN: Good evening.
6:08:03PM Welcome to the August 9th, 2012 evening session of Tampa
6:08:10PM City Council.
6:08:10PM Roll call, please.
6:08:11PM [Roll Call]
6:08:16PM >>FRANK REDDICK: Here.
6:08:17PM >>MARY MULHERN: Here.
6:08:19PM >>HARRY COHEN: Here.
6:08:20PM >>LISA MONTELIONE: Here.
6:08:22PM >>HARRY COHEN: Just for the record, please let it be noted
6:08:25PM that I have a memorandum here from Chairman Charlie Miranda.

6:08:29PM Please be advised that I will be unable to attend the City
6:08:32PM Council meeting Thursday, August 9th, 2012 at 6:00 p.m. due
6:08:36PM to medical reasons.
6:08:37PM And please place that memorandum in the record.
6:08:42PM The Chair yields to Councilwoman Montelione.
6:08:46PM >>LISA MONTELIONE: Thank you.
6:08:47PM Mr. Chair, and members of Council, I'm anxiously awaiting
6:08:53PM the arrival of Mr. Marcus Garza.
6:08:59PM Marcus.
6:09:01PM You were supposed to leave your jacket on.
6:09:06PM Tonight is not just any session of Council.
6:09:10PM Tonight is the last meeting that my aide, Marcus Garza will
6:09:15PM be with us.
6:09:16PM He was accepted another position and although I am happy --
6:09:21PM although I'm not happy he is leaving, I'm really having
6:09:26PM difficulty with this.
6:09:27PM And usually I'm not a loss for words, but this one I had to
6:09:30PM actually write and write down and read.
6:09:33PM So although I am not happy he is leaving, I am thrilled for
6:09:39PM him and the tremendous opportunity afforded to him.
6:09:43PM Marcus has been an invaluable asset to me and to the
6:09:46PM citizens of district 7.
6:09:48PM Many of you here know that I run a very busy office.
6:09:52PM I could never have accomplished so much in such a short
6:09:57PM period of time without his dedication and support.

6:09:59PM I also know that my fellow Councilmembers feel as I do about
6:10:04PM Marcus.
6:10:04PM He has always stepped up to offer his help to anyone who
6:10:09PM asked.
6:10:10PM Filling in for other aides when they were out on extended
6:10:13PM leave, serving as our informal technology guru and even
6:10:17PM providing much-needed levity in the halls.
6:10:20PM Marcus, it is with all my heart that I wish you the best.
6:10:26PM And I know that I will always be grateful to you for your
6:10:30PM loyalty, perseverance and hard work.
6:10:34PM [ Applause ]
6:10:38PM >> Thank you, Council.
6:10:40PM >> Marcus, I know I speak for all of us when I tell you we
6:10:44PM wish you much success in your new Endeavour.
6:10:46PM Okay.
6:10:53PM We are going to go to item number one on the agenda.
6:11:01PM >> Mr. Chairman?
6:11:03PM >> Yes.
6:11:04PM >> Couple of things, if we can.
6:11:05PM First of all, I would like to ask Council to make a motion
6:11:09PM to receive and file --
6:11:11PM >>HARRY COHEN: I have that.
6:11:11PM Rhyme going to do it at the end of the meeting, from the
6:11:15PM budget this morning?
6:11:16PM >> No, anything that has been available regarding tonight's

6:11:20PM meeting, any of the hearings that have been available for
6:11:22PM public inspection.
6:11:24PM >> Move to receive and file.
6:11:25PM >> Second.
6:11:27PM >>HARRY COHEN: Okay, we have a motion from Councilman
6:11:29PM Reddick, seconded by Councilman Suarez.
6:11:32PM All those in favor, please indicate by saying aye.
6:11:37PM >> Motion passes.
6:11:38PM >> Secondly, a request, this is quasi-judicial, would you
6:11:41PM need to open the public hearings and swear in the witnesses
6:11:44PM and perhaps you might want to have the calendar, or the
6:11:47PM docket cleaned up before proceeding.
6:11:49PM There are some that cannot be heard.
6:11:51PM You might want to remove those from the agenda.
6:11:54PM >>HARRY COHEN: If we could have a motion to that effect,
6:11:56PM removing items number 5 and 8 and opening the public
6:12:00PM hearings on items one through seven.
6:12:02PM >> So moved.
6:12:03PM >> Second.
6:12:04PM >> Motion by Council Suarez, seconded by Councilman Reddick,
6:12:08PM all those in favor, please indicate by saying aye.
6:12:11PM The ayes have it.
6:12:12PM If the clerk would please swear in anybody who is planning
6:12:15PM on speaking tonight on any issue, because all of the public
6:12:19PM hearings are now open.

6:12:26PM [Oath administered by Clerk]
6:12:33PM >>HARRY COHEN: Okay.
6:12:33PM Then we are going to move on to item number one.
6:12:38PM >>ABBYE FEELEY: Good evening, Abbye Feeley, item number one
6:12:42PM is V 12-346 located at 4305 north Gomez avenue.
6:12:49PM The request tonight you is a special use request for a
6:12:52PM medical office within the RO-1 residential office district.
6:13:02PM >> Good evening, members of Council.
6:13:05PM Tony Garcia planning city commission staff, I've been sworn.
6:13:09PM The subject site before you is located within the Central
6:13:17PM Planning District in accordance with your division map
6:13:22PM within the comprehensive plan.
6:13:23PM As you all know, the Central Planning District is one of the
6:13:26PM three districts that offers the most opportunity for growth
6:13:28PM and job creation.
6:13:30PM Including the University District and the Westshore
6:13:31PM District.
6:13:33PM Little bit more specifically, the site is located just to
6:13:37PM the south of Dr. Martin Luther King, Jr. Boulevard.
6:13:41PM One block south on Virginia at the northeast corner of Gomez
6:13:47PM and Virginia, the land use category is R 35, which allow --
6:13:52PM I'm sorry, R 20, which allows consideration of the use there
6:13:55PM is also special provision that in the comprehensive plan a
6:13:57PM special policy that does allow for consideration of medical
6:14:00PM office uses or medically related offers uses within this

6:14:03PM particular district.
6:14:05PM Geographic boundaries that are aligning to allow within this
6:14:09PM area to allow consideration of this site use.
6:14:12PM The boundaries to the south of Virginia avenue is
6:14:15PM residential ten.
6:14:21PM And of course the light blue color is your public,
6:14:25PM quasi-public.
6:14:26PM More specifically on the aerial to give you more clearer
6:14:30PM context.
6:14:31PM Here is this intersection of Habana and Dr. Martin Luther
6:14:34PM King Boulevard.
6:14:37PM Hospital to the north and women's hospital directly to the
6:14:39PM west.
6:14:39PM Planning Commission and staff found the proposed request
6:14:42PM consistent with the comprehensive plan.
6:14:43PM Thank you.
6:14:50PM >> Thanks, Tony.
6:14:52PM Abbye Feeley, land development again.
6:14:54PM The request this evening is construct 8,759 square foot
6:14:59PM medical office.
6:14:59PM There are three waivers being requested.
6:15:03PM The first is to reduce the number of parking spaces from 53
6:15:07PM to 46.
6:15:08PM The second is to reduce the backup lift from six feet to
6:15:12PM five feet and the last is to reduce the drive aisle width

6:15:16PM from 24 feet to 20 feet.
6:15:18PM Here is the zoning atlas.
6:15:26PM Gomez to the west.
6:15:29PM Martin Luther King to the north.
6:15:30PM Is that Carmen to the south?
6:15:37PM Oh, West Virginia avenue to the south.
6:15:39PM I'm sorry.
6:15:40PM As Tony mentioned to you, St. Joe is in the OP one and then
6:15:44PM the women's is over here in the PD.
6:15:46PM This is an RO-1 district so it allows for medical office the
6:15:51PM for consideration as a special use.
6:15:52PM Again, here's the aerial.
6:15:57PM This is a view of the site looking east from Gomez.
6:16:06PM This is a view of the site looking southeast from Gomez.
6:16:11PM This is the corner of Virginia and Gomez.
6:16:13PM There is another medical office, urologist to the south.
6:16:18PM This is looking north from Gomez.
6:16:23PM Northeast toward the site, there's a Checker's restaurant
6:16:26PM just to the north.
6:16:27PM This is looking directly north on Gomez toward Martin Luther
6:16:31PM King.
6:16:31PM No, this is looking east.
6:16:37PM East along Virginia.
6:16:41PM >> You're correct.
6:16:42PM >> Am I?

6:16:43PM Okay.
6:16:43PM This is directly to the west.
6:16:47PM That's to the southwest and is this is to the west of the
6:16:51PM building.
6:16:52PM There is a small office building that is currently on the
6:16:57PM property at approximately 1500 square feet.
6:17:00PM You can see it off to the side here.
6:17:03PM It is all the way over on the east portion of the site.
6:17:05PM The minimum setback proposed are as follows.
6:17:15PM North serve feet, south 15 feet, west 25 feet, and east
6:17:19PM 20 feet.
6:17:20PM The proposed on the site plan in front of you is being
6:17:24PM oriented toward the southern boundary of the property.
6:17:27PM Running west east across the property.
6:17:32PM The total of 53 spaces are required and 46 are being
6:17:35PM provided, including 28 compact, 15 standard and 2 ADA.
6:17:40PM As a proposed that a one story building at a maximum height
6:17:43PM of 16 feet.
6:17:45PM There are a few modifications that need to be made to the
6:17:48PM site plan.
6:17:49PM The first is from transportation that the five foot sidewalk
6:17:54PM needs to be shown going through the driveway.
6:17:56PM And there are several comments from solid waste, including
6:18:01PM some additional notations and then the removal of two trees
6:18:05PM due to clearance for the solid waste truck to be able to

6:18:08PM maneuver.
6:18:09PM So the tree table would need to be adjusted to reflect the
6:18:12PM removal of those two trees.
6:18:14PM On pages three, four and five of the staff report, I have
6:18:19PM provided you with a special use criteria for medical office.
6:18:24PM In the RO-1 district, it require that is the minimum lot
6:18:27PM size is 10,000 feet.
6:18:29PM This site does meet that.
6:18:31PM And also that their parking needs unless approved by City
6:18:38PM Council when it is demonstrated that the reduction will have
6:18:41PM no negative impact on the associated neighborhood.
6:18:44PM As I stated to you, it is from 53 to 46.
6:18:47PM For seven spaces.
6:18:51PM With that, staff had no further comment.
6:18:55PM >>HARRY COHEN: Okay, petitioner?
6:19:07PM >> Good evening, members of the Council.
6:19:08PM Jeremy Couch, 5189 Ehrlich road, Tampa, 33624.
6:19:13PM I'm an engineer for the project and also here to represent
6:19:16PM the applicant.
6:19:17PM The proposed new building is actually an expansion of the
6:19:21PM Tampa eye clinic.
6:19:23PM They're located on the hard corner of Gomez and MLK right
6:19:26PM now, right across the street from the hospital.
6:19:28PM We have tried to work with the staff to preserve the mature
6:19:34PM trees, preserving the grand oaks.

6:19:37PM We have adequate buffering from those.
6:19:39PM We have tried to orient the building to where it still is in
6:19:43PM line with the existing Tampa Eye Clinic building.
6:19:45PM The architectural finish will be the same and I'm here for
6:19:49PM any questions if you have them.
6:19:54PM >>HARRY COHEN: Any questions?
6:19:55PM Okay, I don't see any at this time, but you will of course
6:19:59PM be back in a few minutes I'm sure for a rebuttal at the end.
6:20:02PM Is there anyone from the public that would like to be heard
6:20:04PM on this matter?
6:20:07PM Anyone?
6:20:08PM Petitioner, anything additional to add?
6:20:14PM >> In.
6:20:14PM >> Move to close.
6:20:16PM >>HARRY COHEN: We have a motion to close by Councilman
6:20:18PM Reddick, seconded by Councilwoman Mulhern.
6:20:21PM All those in favor please indicate by saying aye, opposed?
6:20:24PM Motion passes.
6:20:26PM Councilman Suarez, can you please take this ordinance?
6:20:30PM >>MIKE SUAREZ: Thank you, chair.
6:20:31PM I present an ordinance being presented for first reading
6:20:34PM consideration.
6:20:34PM An ordinance approving a special use permit, S-2 approving a
6:20:39PM medical office in RO-1 residential office zoning district in
6:20:43PM the general vicinity of 4303 and 4305 North Gomez Avenue in

6:20:48PM the City of Tampa, Florida and as more particularly
6:20:51PM described in section one hereof.
6:20:54PM Including the revision sheet as provided to us by our staff,
6:20:57PM and providing an effective date.
6:21:01PM >> Second.
6:21:02PM >>HARRY COHEN: We have a motion by Councilman Suarez,
6:21:03PM seconded by Councilman Reddick.
6:21:05PM All those in favor please indicate by saying aye.
6:21:08PM Opposed?
6:21:09PM Motion fasts.
6:21:10PM >> Motion carried with Miranda being absent.
6:21:13PM Second reading an adoption will be September 6th at
6:21:16PM 9:30 a.m.
6:21:18PM >>HARRY COHEN: Okay, thank you.
6:21:20PM Item number two.
6:21:22PM >>ABBYE FEELEY: Abbye Feeley, land development.
6:21:24PM Item number two is another special use application.
6:21:27PM It's V 12-348 and located at 3402 Henderson Boulevard.
6:21:33PM The request before you tonight is for a place of religious
6:21:36PM assembly.
6:21:37PM As you have the last couple hearings, this is an existing
6:21:43PM church.
6:21:43PM They're looking to do an addition.
6:21:45PM The church was constructed prior to places of religious
6:21:48PM assembly requiring a special use.

6:21:50PM The modification that they are proposing does now require
6:21:53PM them to obtain the special use.
6:21:55PM So they are looking to do Sunday school classroom addition,
6:22:01PM 768 square feet.
6:22:02PM The original church was constructed in 1958.
6:22:06PM So they now require the special use.
6:22:16PM >>TONY GARCIA: Tony Garcia, Planning Commission staff.
6:22:18PM I have been sworn.
6:22:19PM Your second case this evening is also located within the
6:22:26PM Central Planning District.
6:22:28PM As Ms. Feeley has already explained to you very briefly, the
6:22:37PM use is to allow the expansion of an existing place of
6:22:41PM religious assembly that has been in existence for quite a
6:22:43PM few years in the area.
6:22:45PM There is a place of religious assembly just east to the
6:22:50PM site.
6:22:50PM The land use category, this brown color is R-35.
6:22:53PM This is community mixed use 35 along this segment of
6:22:56PM Henderson Boulevard.
6:22:57PM In here is Azeele, residential 20, then residential 10 to
6:23:02PM the west side or the northwest side of the intersection of
6:23:07PM Azeele and Henderson Boulevard.
6:23:08PM As you see, the uses here, mostly along this particular
6:23:13PM segment, mostly non-residential uses, low intensity types of
6:23:17PM office uses are pretty much the character identified along

6:23:20PM this particular segment of Henderson Boulevard.
6:23:23PM So when people get out of church on Sunday, they just have a
6:23:26PM short trip up to Kennedy Boulevard and go to Krispy Kreme
6:23:31PM and get some donuts if they want to.
6:23:34PM The proposed request consistent with the comprehensive plan.
6:23:43PM >>ABBYE FEELEY: Thank you, Tony.
6:23:45PM Abbye Feeley, land development.
6:23:47PM There are some waivers being requested with this
6:23:51PM application.
6:23:52PM Several of them are reflective of existing conditions on the
6:23:56PM site due to the building being constructed in 1958.
6:24:00PM And I have tried to identify where those are in fact for
6:24:06PM existing conditions and where they are for the proposed
6:24:09PM addition.
6:24:10PM The first is to reduce the use to use buffer from ten feet
6:24:15PM to seven feet along the south.
6:24:16PM There is an existing 6-foot wood fence there.
6:24:20PM And this is part of where the addition is going.
6:24:23PM The second is section 27.272.
6:24:29PM On a church the required yards go by the front yard is the
6:24:32PM zoning district.
6:24:34PM The remaining yards are 40-foot yards.
6:24:36PM So the next three waivers has to do with building placement.
6:24:39PM The first is to reduce the north yard from 40 feet to
6:24:43PM 19 feet for the existing building.

6:24:46PM The third is reduce the required south yard from 40 feet to
6:24:49PM seven feet for the proposed addition.
6:24:51PM The next is to reduce the required east yard from 40 feet to
6:24:55PM 39 feet for the existing building.
6:24:57PM The fifth is allow access to a local street, south Glen
6:25:02PM avenue and west Horatio.
6:25:04PM Although this is address off Henderson, it only has the tip
6:25:08PM of the actual property, the square that is on Henderson.
6:25:12PM So, the last is reduce the number of off-street parking
6:25:18PM spaces from 60 to 23.
6:25:20PM Go ahead and show you just a few more pictures, information
6:25:24PM about the site.
6:25:25PM This is the zoning atlas.
6:25:29PM I-10.
6:25:34PM South Glen avenue to the west.
6:25:42PM Horatio to the north.
6:25:45PM Henderson that runs diagonal.
6:25:47PM And Deleon to the south.
6:25:49PM As Tony mentioned, the commercial district that runs along
6:25:53PM Henderson, there is predominantly RM-24 to the east.
6:25:58PM And this all, the PD is multi-family as well as the PD down
6:26:05PM here is also residential.
6:26:06PM The atlas, I mean the aerial again, Tony had showed you
6:26:13PM that.
6:26:13PM I'll show you some quick pictures.

6:26:15PM This is the existing church that's there.
6:26:19PM This is that L part of the building.
6:26:23PM The addition will be going over on this southern portion.
6:26:29PM Some of the existing parking.
6:26:31PM This is a look back toward Henderson, looking north.
6:26:35PM This is looking south on Glen.
6:26:37PM This is the property immediately to the south.
6:26:44PM And this is looking directly west.
6:26:46PM There are modifications that need to be made in between
6:26:55PM first and second reading.
6:26:56PM They're pretty lengthy.
6:26:58PM A lot of them are technical modifications.
6:27:01PM The waivers were not included on the site plans, they need
6:27:03PM to be added on there.
6:27:05PM The building setbacks need to be dimensioned.
6:27:08PM I need elevations for the entire building.
6:27:10PM They only gave me the elevation for the area where the
6:27:13PM addition was going.
6:27:14PM A signature block, parks and recreation wanted -- I'm sorry,
6:27:21PM natural resources wanted a notation that they will review at
6:27:25PM the time of permitting.
6:27:26PM There is a hazardous grand tree on the property that is
6:27:28PM going to be removed.
6:27:29PM And lastly, solid waste had a few notations needed to be
6:27:34PM added as far as the collection service.

6:27:38PM It is the existing building with 9800 square feet.
6:27:44PM And has 200 seat sanctuary.
6:27:47PM I believe that was it.
6:27:51PM The special use criteria again on pages four, five and six,
6:27:56PM the one specifically for place of religious assembly are
6:27:59PM located on page 6 and I have identified which of those
6:28:02PM criteria need waivers.
6:28:03PM Staff is available for any questions.
6:28:09PM >>HARRY COHEN: Okay.
6:28:09PM Petitioner?
6:28:16PM >> Good evening.
6:28:16PM My name is Darren Azdell.
6:28:17PM I'm an architect.
6:28:22PM 12906 Tampa Oaks Boulevard, Tampa, Florida.
6:28:25PM The applicant registered to speak is Ralph Walker, Senior,
6:28:31PM who passed away ten days ago.
6:28:33PM And we are here to answer any questions that you might have
6:28:36PM in regards to this rezoning.
6:28:42PM >>HARRY COHEN: Okay, I don't see any questions from
6:28:44PM Councilmembers.
6:28:44PM Is there anyone from the public that would like to speak on
6:28:47PM this matter?
6:28:50PM I don't see anyone.
6:28:51PM Petitioner, would you like to rebut?
6:28:56PM >> Legal question.

6:28:57PM >> Yes?
6:28:59PM >> You said, Mr. Walker, unfortunately, passed away ten days
6:29:03PM ago.
6:29:03PM Who is the new, I mean -- I need a legal -- where is our
6:29:08PM lawyer at?
6:29:09PM I need a legal opinion about that.
6:29:11PM I'm just curious as to.
6:29:14PM >> We have always been listed as the architect.
6:29:16PM And we're on schedule to be the applicant for the church.
6:29:22PM But we had expected and his name is listed in the
6:29:25PM documentation, so we just needed to make sure that we made
6:29:28PM note of that so that we aren't disqualified for speaking on
6:29:33PM behalf of the petitioner.
6:29:36PM >> If I can inquire.
6:29:37PM Did you file any paperwork that declared yourself the
6:29:40PM representative, the petitioner's representative?
6:29:43PM >> The registered agent.
6:29:44PM >> We are the registered agent.
6:29:46PM >> All right.
6:29:46PM I was just curious about that when you brought that
6:29:49PM statement forward, I wasn't really sure what that meant in
6:29:52PM terms of our process.
6:29:54PM Only, no one's ever told you that or said anything to you
6:29:56PM about it, so I guess it must be okay.
6:30:02PM >>HARRY COHEN: Is there anything additional from

6:30:04PM Councilmembers?
6:30:05PM >> Move to close.
6:30:06PM >> Second.
6:30:07PM >>HARRY COHEN: We have a motion to close by Councilman
6:30:10PM Reddick, seconded by Councilwoman Montelione.
6:30:13PM Although hose in favor, please indicate by saying aye.
6:30:18PM Motion passes.
6:30:19PM Councilwoman Capin, could you please read ordinance number
6:30:22PM two?
6:30:25PM >>YVONNE CAPIN: Ordinance being presented for first reading
6:30:30PM consideration.
6:30:31PM An ordinance approving a special use permit S-2 approving a
6:30:35PM place of religious assembly in an RM-24, residential
6:30:40PM multi-family zoning district, in the general vicinity of
6:30:43PM 3402 Henderson Boulevard in the City of Tampa, Florida and
6:30:47PM more particularly described in section 1 hereof providing an
6:30:51PM effective date.
6:30:52PM >> Second.
6:30:53PM >>HARRY COHEN: We have a motion by Councilwoman Capin,
6:30:55PM seconded by Councilman Suarez.
6:30:57PM All those in favor please indicate by saying aye.
6:31:00PM Opposed?
6:31:02PM >>Motion carried with Miranda being absent.
6:31:04PM Second reading and adoption will be September 6th at
6:31:07PM 9:30a.m.

6:31:10PM >>HARRY COHEN: Okay.
6:31:10PM Item number three.
6:31:35PM >>ABBYE FEELEY: Item number three on your agenda this
6:31:40PM evening is Z12-21.
6:31:42PM It's located at 10922 and 10948 north Central Avenue and 404
6:31:48PM east 109th avenue.
6:31:50PM This is the Brooks DeBartolo school.
6:31:53PM As you'll recall, in April, there was a rezoning request on
6:31:59PM this property from RS-50 to RM-24 to convert the existing
6:32:07PM church to a charter school.
6:32:09PM And the application before you this evening is from the
6:32:13PM RM-24, residential multi-family district, to PD planned
6:32:18PM development to limit the use on this property to school and
6:32:20PM school related uses.
6:32:23PM >> If I remember correctly, this was part two of a
6:32:28PM two-pronged approach that we all decided on a few months
6:32:34PM ago, correct?
6:32:36PM Just to refresh everyone's memory.
6:32:44PM >>TONY GARCIA: Tony Garcia, planning staff.
6:32:47PM I have been sworn.
6:32:48PM Maybe I'll refresh it a little bit more for you.
6:32:52PM This slot is located within the university planning
6:32:54PM district.
6:32:55PM It's located right around this area here, which is just to
6:33:01PM the south of the City of Tampa city limits and just to the

6:33:04PM west of the interstate.
6:33:05PM We have a little bit more of -- you can see it is just west
6:33:13PM of the interstate along north Central Avenue.
6:33:14PM The land use category is R-35.
6:33:17PM Is request is to go to a charter school.
6:33:22PM Come in at Euclidian.
6:33:24PM Now they're coming in at a PD.
6:33:26PM To conditions specifically for that use.
6:33:29PM Here is an aerial of the site.
6:33:31PM Here is one of the greater, let me give you one of the
6:33:33PM greater context so you can see where it is relative to North
6:33:36PM Florida Avenue and the interstate.
6:33:41PM As I said before, it's just to the south of the city limits.
6:33:47PM Planning Commission staff finding still of course consistent
6:33:52PM with the comprehensive plan as it was initially when this
6:33:54PM report was presented to you initially several months ago.
6:34:03PM >>ABBYE FEELEY: There is one waiver being requested.
6:34:07PM And that is section 27.130 to reduce the required use to use
6:34:12PM buffer along the west from ten foot to five foot.
6:34:15PM And this is an existing condition on the property.
6:34:17PM It is not being affected or impacted in any way or caused by
6:34:23PM any of the modifications that are taking place on the site
6:34:26PM for the conversion of the school.
6:34:29PM My pictures from the original rezoning and also
6:34:35PM modifications, I was out there yesterday.

6:34:37PM They are in process of getting a temporary certificate of
6:34:40PM occupancy.
6:34:41PM I know their desire is open here in the next few weeks for
6:34:44PM the upcoming school year.
6:34:45PM So, I did just want to show you some of those.
6:34:55PM What I did was -- I'll show you a picture of the main school
6:35:00PM building.
6:35:02PM What I did, I organized my pictures from this corner on
6:35:05PM 109th, working myself back up Central Avenue.
6:35:08PM So, that's the path I'm going to follow and show you.
6:35:12PM This is the main building.
6:35:17PM This is down at that southern end, coming around.
6:35:21PM This is looking northeast towards central.
6:35:27PM They have put up a wrought iron fence with the plaster.
6:35:34PM This is coming up to the school building, still traveling
6:35:38PM north.
6:35:38PM They were putting landscape and sod in when I was out there,
6:35:45PM re-doing the islands.
6:35:47PM You can see that a lot of work's been done.
6:35:50PM This is the, another one of the existing buildings on the
6:35:57PM property that was used for the younger elementary school
6:36:05PM there.
6:36:05PM This is still traveling north by Central.
6:36:08PM You can see they've planted a bunch of crepe myrtles and
6:36:11PM improved landscaping.

6:36:12PM This is looking directly north up Central.
6:36:16PM This is looking is south on Central.
6:36:20PM They did change out existing sign there.
6:36:24PM And I did take some pictures of the back of the property,
6:36:31PM kind of adjacent to that residential area where that buffer
6:36:34PM is.
6:36:35PM There's substantial amounts of space there.
6:36:40PM Very heavy thick existing vegetation is back there buffering
6:36:45PM the adjacent use.
6:36:46PM Look down, new solid waste enclosure.
6:36:55PM And some other pictures of the property.
6:36:57PM So, things are definitely moving along out there.
6:37:01PM Staff had no comments, no modifications.
6:37:07PM This property was ready to go.
6:37:09PM And we're available for any questions.
6:37:14PM >>HARRY COHEN: Okay, petitioner?
6:37:34PM >> Didn't want to disappoint you.
6:37:38PM [ Laughter ]
6:37:42PM >> Gina Grimes with the law firm of hill ward and Henderson,
6:37:46PM 101 East Kennedy Boulevard and I have been sworn.
6:37:49PM We represent the Brooks DeBartolo charities as well as
6:37:53PM DeBartolo development that's doing the construction on
6:37:56PM this project.
6:37:57PM I know you all know a lot of the background and why we're
6:38:01PM here today.

6:38:02PM Basically we applied and agreed at your request to down zone
6:38:05PM the property so that the use is limited to school and
6:38:09PM school-related uses.
6:38:11PM So, I don't believe this time around that there is anybody
6:38:16PM here in opposition.
6:38:19PM To this request.
6:38:20PM I don't know if you want me to go through my presentation.
6:38:23PM I'd be more than willing to if you'd like.
6:38:26PM You know --
6:38:30PM >>HARRY COHEN: Is anyone on Council dying to hear the
6:38:33PM presentation tonight?
6:38:39PM >>MIKE SUAREZ: I just have one question.
6:38:40PM You did mention -- we're not interested in hearing the whole
6:38:43PM thing.
6:38:44PM We heard it the first time.
6:38:45PM And you, as always, do a very thorough job in presenting
6:38:48PM your case.
6:38:48PM And we do appreciate that, believe me.
6:38:50PM One question I did have, and it goes directly to what you
6:38:54PM just mentioned about the neighborhood.
6:38:55PM I know there was some opposition prior.
6:38:58PM There was some discussion as to whether or not, you know,
6:39:02PM this was going to become something other than a school.
6:39:05PM And I think that based on those discussions, that's why we
6:39:10PM split the baby, so to speak.

6:39:11PM And we're here for this second part.
6:39:13PM Have you met with the neighborhood since then concerning the
6:39:16PM construction that's been going on?
6:39:19PM >> I have not met with them.
6:39:20PM But I've spoken to them several times since the last time we
6:39:23PM were here in.
6:39:25PM In fact, as of today, Carla Watson, one of the neighbors who
6:39:28PM is, lives adjacent to the site who was the one who was
6:39:32PM concerned about her pool.
6:39:33PM Spoken to her several times since the last hearing.
6:39:35PM And she told me that was not going to attend today, but to
6:39:38PM represent to you how much she appreciates the fact that you
6:39:41PM all listened to the neighborhood and that we cooperated and
6:39:44PM that we presented the site plan that basically limited the
6:39:47PM site to school and school-related uses.
6:39:50PM >>MIKE SUAREZ: Thank you.
6:39:51PM >> And I've not heard from anyone else from the
6:39:53PM neighborhood.
6:39:56PM >>HARRY COHEN: Councilwoman Montelione.
6:39:59PM >>LISA MONTELIONE: Thank you.
6:40:02PM This is the edge of the city limits, which means it is the
6:40:05PM edge of the district.
6:40:06PM That was a big concern for them, was the possibility of
6:40:11PM something else being there.
6:40:12PM There was a lot of anxiety about that.

6:40:15PM >> The RM-24 and the multi-family.
6:40:18PM >>LISA MONTELIONE: The only other concern was that adjacent
6:40:22PM property line.
6:40:24PM And the buffering, the screening, the parking because I
6:40:29PM remember, they were concerned that teenagers, as opposed to
6:40:32PM the school that was there before, young children don't drive
6:40:36PM or congregate in parking lots and that sort of thing.
6:40:40PM So they were concerned that the parking lot adjacent would
6:40:42PM be a different type of uses.
6:40:46PM And that there would be noise and other elements that didn't
6:40:53PM exist prior to that with the high school students being
6:40:55PM there.
6:40:56PM So, the landscaping that's along the back wall is all
6:41:02PM existing landscaping.
6:41:04PM I did notice a couple of places where it's really, really
6:41:07PM thick and a couple of places where it's thinned out.
6:41:13PM >> There was some enhancements to the landscaping
6:41:16PM immediately adjacent to where the proposed charter school is
6:41:21PM to be located.
6:41:22PM And where the improvements were done.
6:41:24PM They enhanced the landscaping directly behind the school and
6:41:27PM I'll show you on the site plan.
6:41:29PM I've included in the package of materials that I presented
6:41:33PM to you the site plan and actually it was so in much small
6:41:40PM font, I divided it into two so you could read it and I could

6:41:44PM as well.
6:41:45PM But here is -- and remember, the previous use on the site
6:41:49PM was a charter school and the proposed use is a charter
6:41:52PM school.
6:41:52PM This use isn't even changing.
6:41:54PM We only had to change the zoning because somehow charter
6:41:57PM school had been previously located there without the proper
6:41:59PM zoning.
6:42:00PM So here is the existing fellowship hall that is being
6:42:06PM converted into a charter school.
6:42:07PM This is where the addition is going.
6:42:09PM And back here, you'll see, there was enhanced -- there was
6:42:12PM enhanced architectural wall for the buffering.
6:42:17PM You can see where it says architectural screen wall.
6:42:21PM And also enhanced landscaping right in here.
6:42:24PM And that's immediately to the west, between the proposed
6:42:28PM charter school and then the residence further to the west.
6:42:34PM >>LISA MONTELIONE: Well, I along with the rest of Council
6:42:38PM appreciate that you said you would bring this back for a PD.
6:42:43PM You did not have to do that by any means.
6:42:46PM I know it is not an inexpensive process to do that, so I
6:42:50PM really want to thank you for, for that effort on your behalf
6:42:56PM and on behalf of your client, so that the neighbors can be
6:43:02PM assured that when you say something or we say something,
6:43:06PM that we mean what we say.

6:43:09PM And I just can't thank you enough for doing that.
6:43:12PM >> We appreciate it.
6:43:13PM We appreciate you accommodating us so we could get under
6:43:16PM construction and school will be open in time and we
6:43:18PM appreciate it.
6:43:18PM One last thing I just wanted to mention to Mr. Suarez, is
6:43:22PM that at your request, one of the other additions that was
6:43:26PM made is the sidewalk is installed now along the whole length
6:43:30PM of this project.
6:43:31PM 1300 lineal feet of sidewalk on central every.
6:43:34PM That's a tremendous amount of sidewalk.
6:43:36PM And about 180 lineal feet of sidewalk along 109th.
6:43:40PM And that serves not only the proposed charter school but the
6:43:44PM existing charter school, which is an elementary school where
6:43:47PM a lot of the children from the neighborhood walk to school
6:43:49PM and previously had to walk off on the shoulder and didn't
6:43:52PM have a sidewalk to walk on.
6:43:54PM So, it definitely improved the existing conditions.
6:43:57PM And we appreciate all your help as well.
6:44:00PM >>HARRY COHEN: Okay.
6:44:01PM Is there anyone from the public who would like to speak on
6:44:04PM this item?
6:44:12PM >> I'm Ed Tillou.
6:44:15PM I live in, I dwell in Sulphur Spring.
6:44:20PM This neighborhood is called castle Heights.

6:44:23PM And between Busch and Fowler.
6:44:27PM That's at least what the sign say in the Baptist church
6:44:31PM calls itself.
6:44:32PM And I'm not for or against this particular development, but
6:44:38PM it impinges on something I really did come here to speak
6:44:41PM about because I misunderstood what the adjournment was
6:44:45PM about.
6:44:45PM I wanted to speak about the budget.
6:44:48PM >>HARRY COHEN: Sir, sir -- tonight, these public comments --
6:44:56PM the budget is not what we're discussing here.
6:45:00PM >> I realize that.
6:45:01PM But the point of that is, I'm coming to my point.
6:45:06PM You should stop the clock.
6:45:07PM If I have to defend myself.
6:45:09PM I'm coming to a specific point in which the whole character
6:45:12PM of the budget --
6:45:14PM >>HARRY COHEN: , sir, we're not talking about the budget.
6:45:17PM >> I'm talking about drainage.
6:45:18PM I'm talking about the --
6:45:20PM >>HARRY COHEN: Sir, I'm sorry.
6:45:26PM -- this is not the appropriate time.
6:45:28PM I'm.
6:45:32PM >>HARRY COHEN: Sir, I'm sorry, I'm going to have to ask that
6:45:35PM your microphone be turned off.
6:45:37PM >> I'm talking about the drainage from that site.

6:45:40PM That that site probably drains to Linebaugh and Nebraska,
6:45:43PM about which nothing is being done because it's harmed and
6:45:48PM been harmed by years and years of algae.
6:45:51PM Over the year, this body sits and can't do anything about
6:45:55PM the fertilizer.
6:45:57PM >>HARRY COHEN: Sir, you are not talking about this specific
6:46:02PM item.
6:46:03PM >> Talking about the drainage.
6:46:05PM That contributes to the flooding at Linebaugh and Nebraska
6:46:08PM and the buffers had to be reworded again.
6:46:11PM >>HARRY COHEN: And this petition has nothing to do with that
6:46:13PM at all.
6:46:14PM We need to move on with the meeting.
6:46:16PM Is there anyone else from the public that would like to
6:46:21PM speak on this item?
6:46:23PM >> Move to close.
6:46:25PM >> Second.
6:46:26PM >>HARRY COHEN: Okay we have a motion to close by
6:46:28PM Councilwoman Capin, seconded by Councilmember Montelione.
6:46:31PM All those in favor, please indicate by saying aye.
6:46:34PM Opposed?
6:46:35PM Okay.
6:46:35PM Councilman Reddick, can you please take this item?
6:46:39PM >>FRANK REDDICK: Thank you Mr. Chair.
6:46:41PM Move an ordinance being presented for first reading

6:46:44PM consideration.
6:46:45PM An ordinance rezoning the property in the general vicinity
6:46:51PM of 10916, 10922 and 10948 north Central Avenue and 404 east
6:47:00PM 109th avenue in the City of Tampa, Florida and more
6:47:03PM particularly described in section 1, from zoning district
6:47:06PM classification RM-24, residential multi-family, to PD
6:47:11PM planned development, school and school related uses,
6:47:14PM providing an effective date.
6:47:16PM >> Second.
6:47:18PM >>HARRY COHEN: Motion by Councilman Reddick, seconded by
6:47:20PM Councilman Suarez.
6:47:22PM All those in favor please indicate by saying aye.
6:47:24PM Opposed?
6:47:25PM >>Motion carried with Miranda being absent.
6:47:28PM Second reading and adoption will be September 6th at 9:30
6:47:30PM a.m.
6:47:33PM >>HARRY COHEN: We're going to move on to item number four.
6:47:37PM >>ABBYE FEELEY: Thank you, Council.
6:47:38PM Item number four is a rezoning application, Z12-23, it's
6:47:43PM located at 4310 west Spruce and 1706 north Hubert Avenue.
6:47:48PM The request before you this evening is from PD, planned
6:47:51PM development residential multi-family and residential office
6:47:54PM to PD planned development residential multi-family.
6:48:07PM >>TONY GARCIA: Good evening, Tony Garcia, planning staff.
6:48:10PM I have been sworn.

6:48:11PM What's great about all the cases, including this case
6:48:22PM tonight that I'm bringing to you is, they're all located in
6:48:24PM the three districts that offer the most opportunity for
6:48:27PM growth and job creation.
6:48:28PM This next one that we're showing you is located in the
6:48:31PM Westshore Planning District.
6:48:33PM So we have done Central Planning District, University
6:48:35PM Planning District and the Westshore District.
6:48:38PM So it's moving right along very nicely as far as how our
6:48:44PM city is redeveloping.
6:48:45PM To be specific, for this particular site, this is located
6:48:51PM just to the southeast of the intersection of, the
6:48:56PM intersection of north Manhattan avenue and Spruce Street.
6:48:59PM The land use category here is regional mixed use 100.
6:49:02PM Then to the south it's just, the intensity and density falls
6:49:07PM off a cliff because we go down to residential 10.
6:49:10PM Right over here.
6:49:11PM And this is public, semi public, which is a school.
6:49:15PM I'm going to show you an aerial -- let me see if I have.
6:49:19PM Okay, this scale here can show you the reason why we had
6:49:22PM this mixed use category of this intensity.
6:49:25PM Right off of boy scout Boulevard.
6:49:27PM This is in the Westshore district.
6:49:30PM Predominant land use district along Boy Scout Boulevard is
6:49:34PM regional mixed use 100.

6:49:36PM We had a significant amount of redevelopment occur over the
6:49:40PM past decade in this particular area.
6:49:43PM You're going to have a multi-family project that's offered
6:49:46PM to you this evening on this particular parcel of land.
6:49:50PM This was already approved for another multi-family project
6:49:55PM about, want to say four or five years ago, but never came to
6:49:59PM fruition.
6:49:59PM But now that opportunity is before you once again.
6:50:01PM There is multi-family located to the north of the site.
6:50:05PM Also another site that was recently approved by this body
6:50:08PM for about an additional 300 units right off of Trask and Boy
6:50:16PM Scout.
6:50:16PM So, as you can see, the multi-family opportunities continue
6:50:17PM in the Westshore District, which falls right into the
6:50:20PM Westshore master plan, to try and create more of a live-work
6:50:24PM environment, try and reduce the number of trips for this
6:50:28PM significant office district and employment center within
6:50:31PM Hillsborough County.
6:50:31PM Planning commission staff found the proposed request
6:50:34PM consistent with the comprehensive plan.
6:50:46PM >>ABBYE FEELEY: Thanks, Tony.
6:50:48PM The request, as Tony said, is for multi-family residential.
6:50:54PM This is I think only the second residential we have done in
6:50:59PM the Westshore overlay district under the new overlay
6:51:02PM district, recently updated overlay district standards.

6:51:06PM This does have a couple waivers to those standards.
6:51:11PM So I think as we're seeing some of these projects play out,
6:51:14PM we are starting to see how the regulations effect when you
6:51:17PM try to put into play what the new regulations are and bring
6:51:20PM a building vertical out of the ground.
6:51:22PM The why before you tonight on this property is for 255
6:51:26PM multi-family residential units.
6:51:28PM It is a 3.4-acre site.
6:51:31PM Surrounded by commercial to the west, multi-family
6:51:33PM residential and office to the north, vocational school to
6:51:37PM the east and single-family residential to the south and east
6:51:40PM along Hubert.
6:51:41PM It will contain one five-story multi-family residential
6:51:47PM building with garage at the southwest corner.
6:51:50PM This has been rezoned a couple times.
6:51:52PM In 2004 it was for 54 town homes and close to 10,000 square
6:51:56PM feet of office.
6:51:57PM And prior to that, it was up for four-story hotel.
6:52:00PM The PD setbacks will be north ten feet, south 39 feet, east
6:52:07PM ten feet and west ten feet.
6:52:10PM Maximum building height is proposed at 54 feet to the top of
6:52:13PM the parapet and 54 to the top of the architectural features.
6:52:18PM Site is required 437 spaces and 408 are being provided.
6:52:22PM With a waiver being requested for the deficit.
6:52:25PM Access will be from west Spruce Street and the property is

6:52:28PM located as stated in the Westshore overlay district.
6:52:31PM Go ahead and show you the site and just talk about a few
6:52:36PM other things.
6:52:37PM And then I'll go over the waivers and what is outstanding.
6:52:42PM Spruce to the north, Manhattan to the west, Hubert to the
6:52:49PM east, and Main Street to the south.
6:52:51PM This is a hotel use here.
6:52:55PM There's multi-family here.
6:52:56PM I'm going to show you a picture of.
6:52:58PM This is the PD we just did a couple months ago.
6:53:02PM There is also a PD on this piece of property for
6:53:06PM multi-family residential use that is getting ready to
6:53:11PM proceed to permitting.
6:53:12PM So there are many multi-family going up in this area.
6:53:21PM You can see the Phillips development, which is completed the
6:53:24PM other piece I just mentioned to you here.
6:53:26PM Hubert street does not go all the way through to Spruce.
6:53:44PM There was a partial vacating of Hubert.
6:53:47PM And it's toward this north part.
6:53:49PM This is along Spruce.
6:53:51PM Going to show you some pictures of the site.
6:53:57PM Mary is here from natural resources this evening.
6:54:00PM The trees you see on the property are remnant forest,
6:54:03PM according to Cathy, these trees are old, like hundred years
6:54:09PM old on some of the trees.

6:54:10PM This is still moving along Spruce.
6:54:15PM This is the property.
6:54:18PM Moving west on Spruce.
6:54:21PM What I'm going to show you now are some shots from Hubert
6:54:36PM looking back toward the property.
6:54:37PM This is at the end of Hubert.
6:54:48PM This is also Hubert.
6:54:50PM Let me go back for a minute.
6:55:04PM This is Concord, vocational education.
6:55:13PM It is on the corner of Lois, the southwest corner of Lois
6:55:19PM and Spruce.
6:55:19PM This is moving back west on Spruce toward the site.
6:55:25PM There is a parking lot just to the east of the site.
6:55:32PM This is the extended stay America, just to the west of the
6:55:36PM site.
6:55:36PM This is the Phillips development, which is over in this area
6:55:45PM here, just at Manhattan and Spruce.
6:55:48PM This is looking, that was looking down Manhattan.
6:55:51PM This is coming back on the north side satisfy Spruce, so the
6:55:57PM retention pond, I'm here looking this way now.
6:56:01PM This is the Westshore apartments just to the north of the
6:56:05PM site.
6:56:06PM They also have structured garage.
6:56:10PM You can see --
6:56:13PM >> It's actually a condo project now.

6:56:16PM They converted from apartments to condos sometime ago.
6:56:20PM >> Thank.
6:56:20PM >> You're welcome.
6:56:22PM >>ABBYE FEELEY: This is office building at the northwest
6:56:24PM corner of Lois and Spruce.
6:56:27PM There was some concern, we had talked through the DRC, the
6:56:37PM first configuration of this building was a lot closer to the
6:56:40PM single-family residential on the south.
6:56:43PM And we were able to move it back to meet what the Westshore
6:56:46PM standards are for setback adjacent to single-family
6:56:50PM residential.
6:56:50PM So I did go ahead, I started at -- I started at the
6:56:57PM northeast corner of main and Manhattan and I worked myself
6:57:02PM back to the east.
6:57:05PM To show you, the single-family that is back there.
6:57:09PM And you will see a lot of the vegetation behind it on your
6:57:11PM site plan in front of you, you will see that the applicant
6:57:15PM has retained many of those trees located on the southern
6:57:19PM border as a buffer to the adjacent residential and will be
6:57:26PM set at the 39 feet.
6:57:29PM This is from Main looking north toward Boy Scout.
6:57:34PM This is intersection of Main and Manhattan.
6:57:38PM Stormwater is out there doing an improvement project right
6:57:41PM now.
6:57:41PM The permits being requested with this application, and as

6:57:49PM Tony mentioned to you this is the highest land use
6:57:53PM classification we have in the city.
6:57:55PM 100 units per acre.
6:57:57PM What's being proposed tonight does not require a bonus.
6:58:01PM It is just at the allowable density for the project at the
6:58:07PM 255 units.
6:58:08PM There is a signage waiver being requested to allow two
6:58:11PM projecting signs in a residential district.
6:58:14PM In the residential district, usually only get a monument
6:58:18PM sign.
6:58:18PM They want to do is a projecting sign that's going to be
6:58:21PM attached to the building, kind of like Tampa Theatre has,
6:58:24PM that would come down and run parallel to the building.
6:58:27PM So they're asking to use what they would get for the wall
6:58:30PM signage on the property into those two projecting signs.
6:58:33PM The second is to reduce the required use to use buffer for
6:58:39PM multi-family to school from ten foot to one foot.
6:58:42PM And that is only for a small portion of the site adjacent to
6:58:47PM the parking lot at the Concord.
6:58:49PM So the buffer would only be reduced for that one small
6:58:52PM section.
6:58:53PM To reduce the required use to use buffer along the west from
6:58:59PM multi-family to hotel from 15-foot with a six-foot concrete
6:59:04PM masonry wall to 10-foot with a six-foot vinyl fence.
6:59:07PM The fourth is to reduce the required parking from 437 to

6:59:11PM 408.
6:59:12PM And the last three are, the last three are Westshore overlay
6:59:18PM district modifications.
6:59:19PM The first is to modify the required buffer adjacent to
6:59:23PM abutting single-family residential by using a six-foot vinyl
6:59:27PM fence in lieu of the six-foot masonry wall.
6:59:30PM They're asking for the reduction of that buffer, however,
6:59:34PM there is a notation on the plan that if they can provide the
6:59:37PM wall, they will provide the wall.
6:59:39PM But they wanted to make sure they got the waiver for the
6:59:42PM alternative material at this time as they are not sure on
6:59:45PM the engineering of the property.
6:59:48PM The next is to increase the percentage of allowable tree
6:59:53PM removal from 75% to 86%.
6:59:56PM And as I stated, Mary Daniel Bryson is here from natural
7:00:02PM resources tonight.
7:00:03PM And lastly, to allow for the removal of three hazardous
7:00:08PM grands.
7:00:09PM This actually is six hazardous grand trees on-site.
7:00:12PM So we'll be changing that in between first and second
7:00:15PM reading.
7:00:16PM I found that error in my report.
7:00:18PM There are just -- there are a couple modifications and one
7:00:25PM finding of inconsistency.
7:00:26PM The modifications for land development would be to change,

7:00:32PM to add a notation about those projecting signs, that the
7:00:35PM projecting sign area would comply with the Westshore overlay
7:00:39PM district signage and would be subject to compliance with
7:00:42PM chapter 20.5.
7:00:43PM And also that the elevations are for mass and scale purposes
7:00:48PM only.
7:00:48PM Which is standard and that all commitments as identified on
7:00:52PM the site plan will be satisfied at permitting.
7:00:55PM That notation really has to do with the elevations and the
7:00:58PM solid waste.
7:00:59PM The solid waste is going to be interior to the building, the
7:01:02PM elevations kind of don't capture exactly all that's going to
7:01:06PM operate.
7:01:06PM But on the site plan they are committing to meet all of the
7:01:09PM city standards.
7:01:10PM And you'll see that comment from solid waste under number
7:01:18PM two.
7:01:18PM Lastly, natural resources.
7:01:23PM Natural resources has an objection to the increase in the
7:01:25PM tree removal from 75% to 86%.
7:01:29PM They also, they themselves have some modifications that need
7:01:34PM to be made.
7:01:35PM That is to correct to the six hazardous grand and also there
7:01:43PM is a large cluster of trees on Hubert just off the property.
7:01:47PM And they would like a chain link fence put in place at the

7:01:50PM time of the construction to protect those right-of-way trees
7:01:53PM and if any of them are damaged, they want replacement for
7:01:57PM those trees.
7:01:57PM So they're asking for notations for that.
7:02:00PM And also some revisions to the tree table.
7:02:05PM I have gone over all of the revisions with Mr. Smith and
7:02:09PM believe the applicant is amenable to make those in between
7:02:13PM first and second reading.
7:02:15PM Staff is available for any questions.
7:02:16PM Thank you.
7:02:21PM >>FRANK REDDICK: Thank you.
7:02:22PM Ms. Feeley, under your waivers, will you explain to me, what
7:02:26PM is the tree trust fund?
7:02:28PM >> The tree trust fund is a provision in chapter 13 that if
7:02:32PM you cannot plant on your site, when you're planting required
7:02:39PM trees, you have the option of planting on your site, which
7:02:42PM is the preferred option.
7:02:43PM If you can't fit everything onto your site, because like in
7:02:46PM this case the building is almost completely at zero lot
7:02:50PM lines and doesn't allow for a lot except for the south, but
7:02:53PM there are a lot of trees there.
7:02:55PM You can plant in the right-of-way adjacent to your property,
7:02:59PM if that is approved by the city.
7:03:01PM And your last option is to pay into the city's tree trust
7:03:04PM fund.

7:03:04PM And it runs, I believe, $150 an inch or -- $300 per two inch
7:03:13PM tree.
7:03:15PM >>FRANK REDDICK: Okay, thank you.
7:03:17PM >>HARRY COHEN: Any other questions?
7:03:18PM Councilwoman Capin?
7:03:20PM >>YVONNE CAPIN: On the sign that is going to project on
7:03:27PM Hubert, is it Hubert or Spruce?
7:03:38PM >>ABBYE FEELEY: It's shown to you on your site plan on these
7:03:41PM two little projecting signs here.
7:03:44PM It will be projecting from the building, but it is on the
7:03:48PM private property.
7:03:48PM It is not projecting into the right-of-way in any way.
7:03:53PM >>YVONNE CAPIN: Okay.
7:03:53PM Thank you.
7:03:56PM >>ABBYE FEELEY: And purchase superintendent to 20.5, I
7:03:58PM believe they get to project -- I'm sure David will correct
7:04:01PM me if I'm wrong, somewhere between 3 to four feet.
7:04:04PM They have taken foot setback.
7:04:06PM So will be within the property.
7:04:07PM >>YVONNE CAPIN: Thank you.
7:04:08PM Is.
7:04:10PM >>HARRY COHEN: Okay, petitioner?
7:04:11PM Excuse me, Councilwoman Montelione.
7:04:14PM >>LISA MONTELIONE: This is actually more in the form of a
7:04:16PM disclosure than a question.

7:04:18PM I just conferred with Mr. Shelby.
7:04:21PM I didn't realize, even in our zoning briefing meeting the
7:04:24PM other day that I had with Mr. Shelby and Ms. Cole that this
7:04:29PM project is down the street from an acquaintance of mine and
7:04:35PM someone who owns a condo in that building, which is how I
7:04:38PM knew that they had converted from apartments to condos a
7:04:42PM couple years ago.
7:04:43PM We had, our construction company did some work in her unit
7:04:47PM and she called me while I was in New York attending my
7:04:52PM mother's funeral, and she asked me, she said, I found out
7:04:57PM that they're putting this apartment complex down the street
7:04:59PM from me, and I'm concerned about my property values.
7:05:02PM And I said well, I don't, I can't answer that question.
7:05:06PM I'm not an appraiser.
7:05:08PM And I really don't know, you know, how it affects your
7:05:13PM values.
7:05:13PM You'd have to call somebody in the appraisal business to
7:05:16PM help answer that question.
7:05:18PM I did not realize at the time and obviously didn't even
7:05:21PM realize when we met on Tuesday that this is the project she
7:05:24PM was talking about.
7:05:25PM So, when I saw the pictures, all of a sudden everything
7:05:29PM clicked.
7:05:31PM This is the projects she was talking about.
7:05:33PM So I needed to disclose that.

7:05:37PM >>HARRY COHEN: Okay.
7:05:37PM Petitioner?
7:05:42PM >> Thank you.
7:05:43PM David Smith, planner with Stearns Weaver Miller, 401 East
7:05:49PM Jackson Street.
7:05:50PM I have been sworn.
7:05:51PM Abbye has given a very good overview of the project and I
7:05:55PM think that, just to try to use a smaller version of the
7:06:00PM large site plan.
7:06:01PM I know it's pretty unwieldy.
7:06:03PM The project as you can see is a 255-unit, five-story
7:06:15PM multi-family project with a six-story parking garage.
7:06:19PM And one thing I'd like to note is that, this plan when we
7:06:24PM matched it up with the townhouse plan, the townhouse plan
7:06:27PM was approved at 45 feet tall.
7:06:29PM And approved with setbacks at ten feet basically at all
7:06:32PM property boundaries.
7:06:33PM And so our height at 52 feet at the property boundaries is
7:06:37PM only about seven foot taller than the previously approved
7:06:40PM plan that was already put on this site.
7:06:42PM So from a scale perspective, what has already been approved
7:06:46PM on this site once is very similar to what we're proposing
7:06:49PM here today.
7:06:49PM The project as you can see takes no access off of Hubert
7:06:54PM Avenue.

7:06:55PM That was very important issue with the community.
7:06:59PM They did not want to have any access to that from that
7:07:02PM multi-family site into that community.
7:07:04PM We agree with them a hundred percent.
7:07:06PM They also preferred not to have the sidewalk put down the
7:07:09PM side of the street.
7:07:10PM We have a note in our plan that provides for us to, if the
7:07:14PM city wants us to put a sidewalk in there, but the it's
7:07:18PM proven not to be feasible due to the ditch that exists all
7:07:21PM along that perimeter, that would also require many trees to
7:07:24PM be taken out for us to put that sidewalk in, that we would
7:07:27PM then pay into the sidewalk fund that is acceptable to the
7:07:30PM community and they would prefer that rather than having the
7:07:32PM sidewalk tie into the multi-family and drawing people into
7:07:36PM the community.
7:07:37PM Additionally, we worked with the neighbors -- we had come in
7:07:44PM at one point to ask for vacation of a small piece of really
7:07:47PM of way in order to accommodate this traffic circle.
7:07:49PM After meeting with the community, again we have redesigned
7:07:53PM the site because staff was going to request us to put in a T
7:07:56PM turn-around at the end of the, of Hubert's dead end, which
7:08:01PM would immediately remove several trees in Ms. Caso's front
7:08:07PM yard.
7:08:07PM And we did not want to do that.
7:08:09PM We worked with her and the community to get agreement with

7:08:11PM the city that if they didn't want that, to have a T
7:08:14PM turn-around, it was such a short length, we were doing no
7:08:18PM improvements, taking no access that that would be acceptable
7:08:21PM to the city for us to not go through with the vacation and
7:08:25PM we just shifted our site plan to accommodate the community's
7:08:28PM concerns.
7:08:29PM When we get into this particular project and we talk about
7:08:33PM the waivers, think what's important to note is that while
7:08:36PM there are several waivers, they really weren't significant
7:08:39PM waivers.
7:08:40PM I'll try to point out a couple reasons for that.
7:08:42PM The first waiver on the list relates to and actually I'll
7:08:48PM save the first one, that deals with the trees.
7:08:50PM That's the most -- will have the most discussion.
7:08:57PM The waiver regarding the use to use buffer in the parking
7:09:00PM lot.
7:09:01PM The area that this occurs in is right here where we have the
7:09:04PM traffic circle.
7:09:05PM That one foot only occurs at the, you know, the radius, or
7:09:10PM the diameter of the circle.
7:09:11PM And it expands out, so for about eight inches, there's a one
7:09:16PM foot setback.
7:09:18PM And as that traffic circle grows, the setback from that use
7:09:22PM to use buffer increases.
7:09:23PM This is right across from where the parking lot is for the

7:09:26PM office building or the vocational school.
7:09:28PM The next reduction is the reduction in between the
7:09:36PM multi-family use and the hotel.
7:09:39PM We basically see those buffers typically to protect our
7:09:44PM users.
7:09:45PM We believe that the market is in a position that the buffer
7:09:48PM that we propose and the type of development that's going to
7:09:52PM be moving forward on this site justifies a reduction in the
7:09:56PM buffer.
7:09:56PM We have also gone in for vinyl fence there because it takes
7:10:00PM less footers to put a vinyl fence in.
7:10:04PM Maximizing the space that's available on that side.
7:10:07PM The next justification comes in with the parking reduction.
7:10:12PM The parking reduction from 437 to 408, our client's done
7:10:17PM numerous multi-family projects all over the southeast.
7:10:20PM And their parking ratio typically is about 1.6 spaces per
7:10:24PM unit.
7:10:25PM This falls well within that range.
7:10:26PM I'd like to point out that if we came through, through an
7:10:31PM Euclidian zoning for this property, a 10% parking reduction
7:10:35PM could be administratively approved.
7:10:36PM This is less than 10% parking reduction.
7:10:39PM So it's very small.
7:10:40PM We have market be backup that supports the fact that 1.6
7:10:42PM will not cause any issues with respect to a reduction.

7:10:45PM So it's a very slight reduction in the parking request.
7:10:48PM The next one deals with the reduction of the, or the ability
7:10:53PM to use a six foot vinyl fence as opposed to six foot
7:10:56PM concrete masonry wall along the southern property boundary.
7:11:00PM This is the area that there are several trees very close to
7:11:03PM the property boundary.
7:11:04PM And by allowing us to use a vinyl fence, that gives us more
7:11:08PM flexibility to construct around those trees rather than
7:11:12PM having footers for a concrete masonry wall, which is a very
7:11:17PM rigid structure.
7:11:17PM We reserve the right in note 12 to the extent that we can
7:11:21PM use a combination thereof, or where there are sections that
7:11:25PM we can use a masonry wall, we'd like to be able to do that.
7:11:28PM But we had to ask for the waiver in order to be able to work
7:11:31PM around the trees with the vinyl fence.
7:11:33PM The next waiver that we're dealing with is -- talked about
7:11:44PM the projecting signs.
7:11:47PM The projecting sign, it's really just a visibility issue.
7:11:50PM Right now, the development is sitting on Spruce Street, has
7:11:55PM no visibility other than Boy Scout.
7:11:57PM The only visibility it will get is when you come down Spruce
7:12:01PM from Lois or you're coming back the other direction from
7:12:04PM Manhattan.
7:12:06PM Wall signs would allow it on the face of the building, but
7:12:09PM you would not be able to see those.

7:12:10PM The amount of wall signage that we would be permitted, what
7:12:13PM we have asked for is we be allowed to put projecting signs,
7:12:16PM meeting the city codes at no more square footage than the
7:12:19PM wall signs we would've permitted and having those only on
7:12:22PM the Spruce Street frontage.
7:12:24PM So the waiver is really in the type of sign, it's not
7:12:26PM increasing the amount of square footage of signage that we
7:12:30PM could request.
7:12:30PM The other waiver, technically it is waivers, but we had to
7:12:37PM note, the removal of the hazardous grand trees.
7:12:40PM There were multiple meetings on-site with arborist.
7:12:46PM It went from three hazardous and one nonhazardous to four
7:12:50PM hazardous and then finally, we have got the meeting of minds
7:12:53PM and ended up being six hazardous grand trees, which on their
7:12:58PM own, if we were developing the site under Euclidian zoning,
7:13:02PM we'd have the ability to remove hazardous brand trees and
7:13:06PM mitigate accordingly.
7:13:07PM The one inconsistency that we have with respect to the
7:13:13PM finding by staff relates to the tree removal percentage.
7:13:19PM And this particular site, like to remind everyone, used to
7:13:23PM be a landfill.
7:13:24PM The landfill portion of the site obviously is on the higher
7:13:28PM elevations.
7:13:29PM And I'll show you a couple pictures, Abbye's picture is
7:13:33PM always better than my pictures.

7:13:35PM But I'll show you the pictures anyway.
7:13:37PM Again, this picture is looking from Spruce, looking
7:13:45PM southwest.
7:13:47PM Again, you can see the extended stay America property here.
7:13:51PM There's a gradual slope increase.
7:13:54PM There's about a seven foot fall from the north -- excuse me,
7:13:57PM from the west side of the property down to where the ditch
7:14:00PM is and where the majority of the trees are.
7:14:02PM Here's another view, little bit closer to the extended stay
7:14:09PM America.
7:14:09PM This aerial shows where the trees are predominantly located.
7:14:25PM Again, this is the low section of the site.
7:14:27PM The landfill is a large area that we have to go in, dig up,
7:14:34PM remediate, put clean fill in and will take a large number of
7:14:37PM these trees on their face.
7:14:39PM Also because of the landfill and the topography of the area,
7:14:43PM the drainage or the fill and the drainage requirements will
7:14:47PM have, the bulk underneath the garage in this section of the
7:14:53PM site.
7:14:53PM So as we go to develop the site, the natural fill that's
7:14:57PM going to occur would result in us having to take a large
7:15:01PM number of the trees.
7:15:02PM And what we've done during our site planning, just to point
7:15:06PM out when we applied for this originally, we were -- the old
7:15:10PM rules were in effect for the area.

7:15:12PM It was not in the Westshore District.
7:15:15PM And then when we were under review, the Westshore District
7:15:19PM rules were in effect, so our original plan, while it pushed
7:15:22PM the property, or pushed the bottom part of the building
7:15:25PM south fairly close to the residential neighborhoods, was not
7:15:28PM in effect.
7:15:29PM So we came back, redesigned the site and moved the building
7:15:35PM off of the southern property line 39 feet.
7:15:38PM That meets the Westshore additional setback from
7:15:41PM single-family.
7:15:42PM It also provides us an opportunity to save trees on the
7:15:51PM property.
7:15:52PM If I can find that site plan.
7:15:54PM I'll just show you the larger version because you can
7:16:03PM actually see the southern boundary on it.
7:16:06PM Here's the southern boundary.
7:16:15PM If you recall, those are the views coming this way from the
7:16:19PM south that Abbye took of the single-family homes that are
7:16:22PM along this street and above the property.
7:16:26PM This particular area here, you can see there's numerous
7:16:31PM trees that we have been able to preserve.
7:16:32PM There are also a lot of trees right on the fence line, which
7:16:35PM with the waiver we requested for the vinyl fence, will be
7:16:38PM able to work around and also preserve those trees.
7:16:41PM So from perspective of site design, we have been able to

7:16:44PM save a lot of trees closest to the affected neighbors and
7:16:48PM not have to remove those, while meeting the Westshore
7:16:53PM overlay requirements.
7:16:57PM Now, given the site design, and it's hard to get it all in
7:17:09PM there -- but we have effectively taken -- there we go.
7:17:21PM This is the location of the largest cluster of trees, which
7:17:28PM is actually where the parking garage and the stormwater
7:17:31PM retention is being located.
7:17:33PM Along here in this ten foot area are some additional trees.
7:17:38PM However, right outside the property line along this ditch,
7:17:43PM there are numerous trees that are going to remain,
7:17:46PM providing, maintaining that buffer.
7:17:48PM Like to point out that there are two homes, one at the
7:17:51PM corner, and Ms. Caso's home here, that are closest on our
7:17:58PM eastern side.
7:17:59PM I'll show you a view of the site from that side.
7:18:03PM That picture is taken from the southeast corner of the
7:18:18PM property.
7:18:19PM Looking northwest.
7:18:22PM This is effectively the property line right through here.
7:18:26PM There's chain link fence that you can't see on the other
7:18:29PM side of this.
7:18:30PM You can see that there's a low ditch along that side of the
7:18:35PM property.
7:18:35PM And this is a picture looking, that's union looking west at

7:18:49PM the property.
7:18:50PM And again the property line is effectively just about here.
7:18:55PM This is the property constructing from here over.
7:19:00PM The project, and I'll just show the elevations next.
7:19:07PM The elevations for the property, this is the parking garage,
7:19:21PM which meets the capacity requirements of the Westshore
7:19:24PM overlay.
7:19:24PM This is again the south elevations, so this is the one that
7:19:27PM is 39 feet off the back fence lines of the single-family
7:19:31PM residential.
7:19:32PM Here's the residential sections.
7:19:35PM This is a walkway, basically connecting, people get off on
7:19:39PM their floor.
7:19:40PM They have some units they can walk through and get into
7:19:42PM these units.
7:19:43PM This is the north elevation, and again this is the north
7:19:48PM elevation coming off of Hubert.
7:19:50PM This is the solid waste door, this is the entrance into the
7:19:54PM parking garage.
7:19:56PM Pardon?
7:20:02PM Closed captioning has me blocked off.
7:20:04PM There we go.
7:20:05PM This is the solid waste entrance.
7:20:07PM This is the entrance in the parking garage.
7:20:09PM There's units over the top.

7:20:12PM The corner elements as you see them, they're the closest to
7:20:15PM Spruce.
7:20:17PM I'll finish unreal quickly.
7:20:19PM Closest to Spruce Street.
7:20:20PM This is the east elevation.
7:20:27PM And again when I was showing you through union, when you
7:20:30PM look down union street at the end, the parking structure
7:20:34PM would be looking, you would be looking at that section, that
7:20:38PM parking structure.
7:20:40PM And this would be -- this section right here is actually
7:20:43PM setback, solid waste areas were.
7:20:49PM Be glad to answer any questions.
7:20:50PM But essentially retried to redesign the site to maximize the
7:20:54PM number of trees we could save.
7:20:57PM Unfortunately the landfill and the topography of the site,
7:21:00PM the trees happen to be in the place that we unfortunately
7:21:03PM have to fill and excavate for the landfill.
7:21:07PM >>HARRY COHEN: All right, Councilman Reddick.
7:21:10PM >>FRANK REDDICK: Thank you, Mr. Chair.
7:21:11PM Mr. Smith, you mentioned about the turn-around on Hubert.
7:21:16PM I think you said something about a turn-around on Hubert.
7:21:20PM >> I was.
7:21:20PM But there's no T turn-around at the dead end of Hubert right
7:21:24PM now.
7:21:25PM And when we were looking at vacating a portion of the unused

7:21:29PM right-of-way, city staff was saying, well, if you do that,
7:21:35PM we'd like you to put in a T-turn around or cul-de-sac at the
7:21:40PM end.
7:21:40PM And so, we looked at that, came up with some designs and
7:21:46PM showed them that it would significantly remove trees in
7:21:50PM front of Ms. CASO.
7:21:57PM >> Right.
7:21:58PM I had conversations with Ms. CASO and she was looking
7:22:01PM forward to limiting that traffic congestion coming through
7:22:05PM her area.
7:22:05PM And not being able to turn around.
7:22:08PM She gave me the impression, from our discussion, that she
7:22:11PM was going to have that T around, where you can turn.
7:22:15PM >> What we did -- the applicants met with her.
7:22:19PM And also I think the, Mr. Harvey met with her.
7:22:22PM And her concern was that the exchange for putting a T
7:22:28PM turn-around in there -- I have a graphic in here that shows
7:22:31PM her front yard.
7:22:32PM She's basically, I won't say has claimed, but has painted
7:22:38PM the trees white so nobody hits them.
7:22:40PM She has a couple seats out there on the right-of-way.
7:22:43PM This is basically her end of the world.
7:22:45PM But she didn't want any of those trees to come out.
7:22:48PM And there was no way to put any T turn-arounds in there, no
7:22:52PM matter how we designed them.

7:22:55PM She said she'd rather have the trees, since there's only
7:22:58PM about, probably 150, 200 -- 250 feet from union to her
7:23:04PM street.
7:23:07PM Here we go.
7:23:12PM >>FRANK REDDICK: So she painted the bottom white?
7:23:15PM >> Basically she painted the bottoms of them white.
7:23:17PM She has a circular driveway.
7:23:19PM And here is her little patio furniture.
7:23:23PM And she's put these white stakes, which is on the edge of
7:23:26PM the ditch.
7:23:27PM And all this is in the right-of-way.
7:23:31PM And as a matter of fact, the right-of-way in this area is
7:23:33PM pretty close just right there around the ditch.
7:23:35PM So any of the areas that we would come in, we would have to
7:23:40PM take out significant trees because staff did not want us to,
7:23:44PM one, make a turn-around that had people pulling, backing
7:23:48PM into her driveway.
7:23:49PM And the other side would be, well, if you did it, you'd have
7:23:53PM to make sure that pretty much anybody in the truck could get
7:23:57PM to do it and it would actually impact more trees.
7:24:00PM What we heard from the neighborhood and Dr. Harvey was that
7:24:04PM they don't want the trees in that right-of-way disturbed.
7:24:07PM And that they, those two houses could deal without having
7:24:12PM any, with the traffic that they have today, garbage truck,
7:24:15PM which is about the only thing that comes down.

7:24:18PM >>FRANK REDDICK: Let me ask us just one other question.
7:24:20PM Dr. Harvey also informed me that, about the wall.
7:24:29PM And there was, that there was a plan to build a wall.
7:24:38PM That adjoin from his property.
7:24:40PM >> What we have -- there's no additional wall, other than --
7:24:45PM there will be no entrance to the parking garage, any
7:24:48PM pedestrian entrance or anything from Hubert side of the
7:24:51PM project into the parking garage.
7:24:55PM And so what you have is, you have an architecturally
7:24:59PM finished parking garage down that side that effectively
7:25:02PM serves as a wall and at the southern end we have connected a
7:25:05PM fence to our southern fence and that's the only place
7:25:09PM there's going to be a wall.
7:25:11PM That there's never been a request for or a discussion about
7:25:13PM putting an additional walls in the, along that property line
7:25:18PM because there's only ten foot space between the edge of the
7:25:21PM parking garage and the property.
7:25:24PM Then you get into the ditch.
7:25:26PM So, if he was concerned about there being an additional
7:25:31PM wall, we're not planning one.
7:25:34PM And the side of the parking garage effectively serves better
7:25:39PM than a wall, because there's not any -- there's only six
7:25:43PM foot stop to it.
7:25:44PM It's a 52-foot screened structure.
7:25:49PM >>FRANK REDDICK: And finally, what about the ditch?

7:25:51PM I think you stated something about they didn't want a
7:25:57PM sidewalk put there?
7:25:58PM >> Well, what the discussion was is that we -- according to
7:26:02PM the code, we would install a sidewalk.
7:26:04PM And what we said, we'd meet the code.
7:26:06PM The issue with the code is that also has an exception that
7:26:09PM if you come into practical difficulties, such as dumps,
7:26:13PM significant trees, that you can pay a fee in lieu rather
7:26:17PM than disturb the trees or pipe a ditch.
7:26:23PM And the concern is when -- without piping that ditch, you do
7:26:28PM not have significant -- adequate area between the edge of
7:26:33PM pavement and the slope of the ditch to put a sidewalk in
7:26:36PM there.
7:26:37PM And so if we had to put a sidewalk in there, it would
7:26:40PM require likely filling the ditch or changing the side slopes
7:26:44PM on it.
7:26:45PM And Dr. Harvey indicated to us is that nobody's, nobody from
7:26:50PM our development is going to be using that sidewalk, and they
7:26:53PM had, other than that, that there was really no need for it
7:26:58PM to run all the way up to Hubert and tie into us.
7:27:01PM Again, at the end of the day if it needs to be put in, it
7:27:04PM will.
7:27:05PM But it's going to cause a lot more tree damage in requiring
7:27:07PM that ditch to be piped.
7:27:09PM >>FRANK REDDICK: Did you meet with the neighborhood

7:27:11PM association, anyone outside of Dr. Harvey?
7:27:16PM >> I didn't personally meet with them.
7:27:18PM The applicant met with Dr. Harvey back in -- I know they had
7:27:24PM a board meeting and he presented it.
7:27:26PM And indicated that there was no need for further meetings.
7:27:30PM Let me confirm that.
7:27:45PM >> In the meetings with Dr. Harvey, Dr. Harvey was asked
7:28:06PM whether or not we wanted, if he wanted us to come back to a
7:28:10PM full association meeting and present the project.
7:28:12PM He said that the board had determined that it was not
7:28:16PM necessary to come back.
7:28:17PM That they'd had communications with our, our client has met
7:28:22PM with the immediate neighbors, Ms. Caso and Mr. Cambridge,
7:28:26PM discussed with them on the phone as well, since they're the
7:28:29PM most immediately affected neighbors.
7:28:33PM And we have had no other calls from abutting property owner
7:28:36PM during the review.
7:28:38PM >>FRANK REDDICK: Just after confirming with our city
7:28:42PM attorney, I just need to say for the record that I,
7:28:47PM Dr. Harvey and Ms. Caso and some of the members of the
7:28:53PM neighborhood association have contacted me and some of them
7:28:57PM are members of my church.
7:28:58PM So they automatically approach me about this development and
7:29:02PM had discussion with me about it and some of their concerns.
7:29:05PM So I just want to state that for the record.

7:29:10PM >>HARRY COHEN: Councilwoman Capin?
7:29:13PM >>YVONNE CAPIN: Thank you.
7:29:13PM I understand the percentage on the trees because it is, or
7:29:23PM was a landfill and what needs to be, what takes place to
7:29:29PM prepare the site.
7:29:30PM What I'm -- that it does need to be picked up, removed and
7:29:39PM the fill quite a bit.
7:29:42PM What I wanted -- what I don't understand, I'm trying to
7:29:46PM understand, is the fence.
7:29:48PM Because a concrete wall, a cement fence, concrete cement
7:29:58PM fence, all it needs is good footers.
7:30:02PM What is the issue?
7:30:04PM Because it seems to me that that would be a better buffer to
7:30:08PM the, to the residents.
7:30:11PM This is on the south side.
7:30:12PM >> Yes, ma'am.
7:30:14PM >>YVONNE CAPIN: Than a vinyl fence.
7:30:16PM >> Well, the concrete fence typically has larger footers.
7:30:21PM It's heavier and much more rigid fence design.
7:30:24PM And since we have so many trees right along the fence line,
7:30:30PM that go in and out, that are on-site, off site, we wanted
7:30:33PM the flexibility to be able to use a vinyl fence in
7:30:36PM situations where we were in danger of cutting root systems.
7:30:39PM So what we have done, we have said, we have to ask for the
7:30:42PM labor for vinyl fence, because otherwise we wouldn't be able

7:30:45PM to use it at all.
7:30:46PM But we want to be able to use a combination of vinyl and
7:30:49PM concrete, masonry wall, as a design will let us, as we come
7:30:53PM along that property line and we run into root systems that
7:30:57PM require to be cut for the footers for a concrete fence.
7:31:00PM >>YVONNE CAPIN: So the fence is going to be working around
7:31:02PM the trees?
7:31:03PM >> Basically -- can also be let up, the vinyl fence can be
7:31:08PM elevated a little more easily than a full concrete wall.
7:31:11PM So the ability to go between posts and post and lift up a
7:31:15PM section of it so you're not having that heavy concrete block
7:31:18PM sitting on the root system is what we're trying to
7:31:22PM accomplish.
7:31:22PM Also provide some flow-through for irrigation.
7:31:27PM >>YVONNE CAPIN: So you're asking for this waiver that it
7:31:31PM could be all vinyl or could be combination of the current,
7:31:34PM the cement concrete fence and vinyl?
7:31:40PM >> Yes, ma'am.
7:31:41PM >>YVONNE CAPIN: But it probably won't be all concrete.
7:31:45PM >> Won't be all concrete.
7:31:46PM Because we know we have tree issues all along that property
7:31:49PM line.
7:31:52PM >>YVONNE CAPIN: That helps me understand it a little bit
7:31:54PM better.
7:31:54PM Thank you.

7:31:57PM >>HARRY COHEN: Okay.
7:31:58PM I don't see any addition will questions from Councilmembers.
7:32:01PM Is there anyone from the public that would like to speak
7:32:04PM specifically to this item number four?
7:32:08PM Okay.
7:32:09PM Seeing none, petitioner, do you have anything in addition
7:32:13PM that you would like to add?
7:32:15PM >> I'm glad to answer any other questions or clarifications.
7:32:18PM But we think this is a good project for the area.
7:32:21PM It's consistent with the Westshore overlay and their master
7:32:24PM plan and will provide additional multi-family housing in an
7:32:27PM area to support job growth out there.
7:32:29PM Thank you very much.
7:32:30PM >> Move to close.
7:32:31PM >> Second.
7:32:32PM >>HARRY COHEN: We have a motion to close from Councilwoman
7:32:35PM Capin, seconded by Councilwoman Montelione, very followed
7:32:39PM closely by Councilman Reddick.
7:32:41PM All those in favor, please indicate by saying aye.
7:32:44PM Motion passes.
7:32:45PM Councilwoman Mulhern, would you please take item number
7:32:48PM four?
7:32:50PM >>MARY MULHERN: Thank you, Mr. Chairman.
7:32:52PM I move an ordinance being presented for first reading
7:32:55PM consideration, an ordinance rezoning property in the general

7:32:57PM vicinity of 4310 west Spruce Street and 1706 north Hubert
7:33:01PM Avenue in the City of Tampa, Florida, and more particularly
7:33:05PM described in section 1, from zoning district
7:33:09PM classifications, PD, planned development, residential
7:33:12PM multi-family and residential office, to PD, planned
7:33:15PM development, residential multi-family, providing an
7:33:17PM effective date.
7:33:20PM >> Second.
7:33:21PM >>HARRY COHEN: Okay, we have a motion by Councilwoman
7:33:23PM Mulhern, seconded by Councilman Suarez.
7:33:25PM All those in favor, please indicate by saying aye.
7:33:28PM Opposed?
7:33:33PM >>THE CLERK: Motion carried with Miranda being absents.
7:33:34PM Second reading will be September 6th, 9:30 a.m.
7:33:38PM >>HARRY COHEN: We are now moving on to item number 6.
7:33:44PM >>ABBYE FEELEY: Item number 6 is case Z12-26.
7:33:49PM It's located at 10902 McKinley Drive.
7:33:52PM The request before you this evening is from IH, industrial
7:33:56PM heavy, or heavy industrial, to PD, planned development for
7:34:00PM office, medical, hospital and all uses permitted in the OP 1
7:34:05PM and CI zoning district.
7:34:18PM >> Good evening, members of Council, Tony Garcia, Planning
7:34:21PM Commission staff.
7:34:22PM I have been sworn.
7:34:23PM Still batting a thousand.

7:34:26PM This particular project is located in the University
7:34:28PM Planning District.
7:34:30PM So we're still in one of the three planning districts that
7:34:32PM offers most opportunity for growth in the planning
7:34:35PM opportunities.
7:34:36PM The site is located on McKinley, which is also known as
7:34:39PM 40th Street.
7:34:42PM As you can see, the subject site is just south of Fowler
7:34:44PM Avenue and just to the east of 30th street.
7:34:48PM Just to the north as you can see, this is urban mixed use 60
7:34:53PM down here.
7:34:54PM This is Busch Gardens.
7:34:55PM And the Yingli brewery and Pepsi breweries are east of
7:35:00PM 30th street adjacent to the site.
7:35:02PM You have residential component to the south of the site.
7:35:06PM But the predominant use within the area, was known as Tampa
7:35:11PM industrial park and was slated to be Tampa industrial park
7:35:15PM with a lot of, back in the day, back in the early 1960s,
7:35:20PM never manifested to be an area that was reflected by a lot
7:35:25PM of heavy industrial uses with the exception of the several
7:35:29PM breweries that were there.
7:35:30PM It's now become more of an R and D center.
7:35:34PM Now with the empty Ginn project which was created there
7:35:37PM several years ago, it's still --
7:35:44PM >>HARRY COHEN: Excuse me one moment.

7:35:46PM Councilwoman Montelione?
7:35:48PM >>LISA MONTELIONE: Tony, I'm disappointed you didn't
7:35:51PM highlight a very important point on that map right there.
7:35:54PM My house.
7:35:55PM >>TONY GARCIA: I didn't want to get too personal.
7:35:57PM [ Laughter ]
7:36:01PM >>TONY GARCIA: But you let the cat out of the bag.
7:36:03PM This site is part of the empty Ginn site is on the southern
7:36:08PM part of the proposed area that's going to be in front of you
7:36:10PM this evening.
7:36:11PM This is a significant development that will be a great
7:36:14PM contribution to the Tampa industrial park as it tries to
7:36:17PM evolve, we did do a green tech corridor plan amendment for
7:36:22PM this area to try and offer incentives for certain targeted
7:36:27PM industries, which this is one of.
7:36:29PM So Planning Commission staff found the proposed request
7:36:34PM consistent as this does follow the intent of the plan
7:36:37PM amendment that we did create for this particular area.
7:36:39PM Thank you.
7:36:44PM >>ABBYE FEELEY: Thank you, Tony.
7:36:46PM Council, the request before you this evening is for 752,388
7:36:53PM square feet of development.
7:36:54PM Including medical office, hospital and any of the allowable
7:36:58PM uses from the CI and OP 1 district.
7:37:01PM It is a 29.6-acre site and has an existing 100,000 square

7:37:06PM foot research and development building as Tony mentioned,
7:37:11PM which is included in this request.
7:37:12PM The remainder of the site contains surface parking or is
7:37:16PM vacant.
7:37:16PM What is being requested before you tonight is more of a PDA
7:37:20PM style of development, where they don't meet the PDA
7:37:25PM requirements, which is 50 acres.
7:37:27PM They have 29.6.
7:37:28PM So what they want to do is get this property entitled for
7:37:31PM that 750 some thousand and then be able to draw down off of
7:37:36PM those entitlements through the incremental site plan
7:37:38PM approval process.
7:37:40PM And the conditions on the plan direct the regulations that
7:37:44PM would govern that process.
7:37:46PM There are five waivers.
7:37:49PM The first is to increase the allowable percentage of trees
7:37:53PM removed from 50% to 60%.
7:37:55PM The second is to allow for an increase in copy area in one
7:38:01PM of the freestanding signs.
7:38:03PM That would be located at the primary entrance of the site
7:38:06PM from 50 square foot of sign face to 100 square foot of sign
7:38:10PM face.
7:38:11PM The third is reduce the required parking by 17% across the
7:38:16PM board.
7:38:16PM That would be applied on an increment-by-increment basis as

7:38:20PM they would come in for those draw-downs off of the
7:38:23PM entitlements.
7:38:24PM The fourth is to reduce the required loading berths from
7:38:28PM five to two.
7:38:29PM And the last is to reduce the drive aisle from 26 feet to
7:38:32PM 24 feet, which is the waiver you all are typically used to.
7:38:35PM The PD setback are as follows.
7:38:37PM To the north, ten feet, south, ten feet, east along
7:38:39PM McKinley, 50 feet.
7:38:42PM And the west, 20 feet.
7:38:43PM The maximum building height is ten stories, or 150 feet for
7:38:48PM the building.
7:38:49PM Ten stories, or 120 feet for the parking garage.
7:38:52PM Parking will be provided through a combination of surface
7:38:57PM and structured parking.
7:38:58PM As Tony showed you an aerial, here's McKinley to the east.
7:39:08PM Here is the M2Gen.
7:39:11PM There's a PD across the street that was done in two phases
7:39:15PM for some multi-family, student type housing.
7:39:19PM There's also student housing immediately to the south.
7:39:21PM Here's the outlet.
7:39:27PM It is industrial heavy to the west.
7:39:28PM That's the PD to the south.
7:39:31PM The PD to the east is the multi-family and then is the IH in
7:39:38PM the middle is a combination of FDOT and also industrial use

7:39:42PM there.
7:39:42PM This is just a little bit north from the site looking, this
7:39:50PM is kind of midway.
7:39:52PM Looking back toward the M2Gen building.
7:39:57PM This is another shot of the site.
7:40:15PM This is actually on the site looking back toward McKinley.
7:40:22PM This is across the street.
7:40:24PM I think I'm missing one.
7:40:27PM This is north on McKinley.
7:40:29PM And I think I lost one of my pictures.
7:40:36PM Go figure.
7:40:38PM Sorry about that.
7:40:41PM Don't know what happened to it.
7:40:43PM The site plan modifications that need to be made.
7:40:53PM They are related to Land Development Coordination.
7:40:57PM If you look on page four of your staff report, there was a
7:41:01PM comment made by natural resources related to that 60% tree
7:41:04PM removal waiver.
7:41:06PM They felt that if some calculations were done on the site,
7:41:10PM that that waiver could go away.
7:41:12PM We did confirm yesterday afternoon that that is not the fact
7:41:15PM and the waiver does need to remain.
7:41:18PM That being said, there are some tree table modifications
7:41:20PM that need to be made that were discussed with Mary and the
7:41:24PM engineer on this project.

7:41:26PM The land development coordination, what's currently on the
7:41:31PM site was a request for some triangular signs.
7:41:35PM The city's sign code that he was updated in 2006 does not
7:41:38PM allow for triangular signs.
7:41:41PM The facings need to be parallel.
7:41:42PM So staff is requesting that that waiver be removed from the
7:41:48PM site plan.
7:41:49PM And as indicated in my staff report, the applicant is
7:41:55PM requesting to increase the copy area of one of the three
7:41:59PM freestanding signs that they're eligible for.
7:42:01PM So that waiver would need to be added to the site plan in
7:42:05PM between first and second reading.
7:42:07PM In addition, the way the parking waiver is currently listed
7:42:12PM on the site plan, is to provide 83% of the required parking.
7:42:16PM We're asking that they reverse that and say to reduce
7:42:19PM parking by 17% overall on an increment basis at the time of
7:42:25PM the incremental site plan review.
7:42:27PM The last was the elevation.
7:42:30PM The elevations that are provided in your site plan showing
7:42:32PM eight story building and a seven story garage.
7:42:35PM But the site data table on the plan shows 150-foot maximum
7:42:41PM building height.
7:42:42PM So staff got some clarification on that.
7:42:44PM The applicant has indicated that the elevations could
7:42:49PM potentially go to ten stories and reach that 150 feet.

7:42:53PM And that the garage could potentially go to ten stories and
7:42:56PM be at 120 feet.
7:42:58PM So staff is asking that the site data table be revised in
7:43:01PM order to take care of that discrepancy.
7:43:03PM And also a notation be added to the elevations that there is
7:43:07PM the potential for ten stories on both the building and the
7:43:10PM garage.
7:43:10PM Next, there was a formal decision that was issued by the
7:43:15PM zoning administrator for vested rights on this property.
7:43:18PM On the site plan you currently have before you, the case
7:43:21PM number and the date of that is missing.
7:43:23PM Staff is asking that the case number FD 1217 be placed into
7:43:27PM that notation and the date of June 21st, 2012 be added.
7:43:31PM Furthermore, the applicant had requested that some language
7:43:36PM be added to that, that it stayed together with the e-mail
7:43:40PM clarification from assistant city attorney Julia Cole, dated
7:43:44PM July 31st, 2012.
7:43:45PM Lastly, walls and fences.
7:43:48PM On PD development, walls and fences are controlled by the
7:43:52PM site plan.
7:43:52PM Currently there's a note that says that any walls and fences
7:43:55PM will comply with the fence and wall regulation.
7:43:58PM But the fence and wall regulation says on a PD it's as shown
7:44:01PM on that plan.
7:44:02PM What I'm asking is that in our commercial districts for

7:44:06PM office, and commercial use, we allow up to eight feet.
7:44:09PM I'm asking that a notation be added that walls and fences
7:44:12PM may be located on the property in compliance with section
7:44:15PM 27.133 for commercial office use at a maximum height of
7:44:20PM 8 feet.
7:44:21PM Lastly, the signage.
7:44:25PM On page three of your report, staff indicated some concern
7:44:30PM related to the signage and the potential that those three
7:44:35PM signs can all be activated.
7:44:37PM So you could have all three of those 50 square foot signs
7:44:41PM have electronic messaging on them.
7:44:43PM On both signs.
7:44:45PM The one sign which is being increased to 100 square foot,
7:44:53PM could also have electronic messaging on its full copy area.
7:44:56PM So staff had expressed some concern to you related to that,
7:45:00PM making a suggestion that perhaps it should be limited to the
7:45:03PM 50 square feet.
7:45:06PM Not to the hundred square feet.
7:45:07PM That would be allowed should the waiver be granted.
7:45:10PM And a notation could be added to that effect.
7:45:13PM Per discussion with the applicant this afternoon, I believe
7:45:16PM it's the applicant's intent that there be no more than 150
7:45:20PM square feet electronic on each side.
7:45:25PM So those were faced with north face and a south face.
7:45:30PM There would be 150 square feet that could be active on each

7:45:35PM side in a combination I believe of either a hundred on the
7:45:40PM one sign and 50 on another or a hundred on one sign and 25
7:45:44PM and 25.
7:45:45PM At this point in time I don't believe they've their sign
7:45:48PM package together, so they're seeking some flexibility as to
7:45:51PM the signage and the amount of active, or activated sign area
7:45:57PM that could be included on that.
7:45:58PM That being said, staff is available for any questions.
7:46:01PM Thank you.
7:46:04PM >>HARRY COHEN: Petitioner?
7:46:07PM >> Good evening, Mr. Chairman, Councilmembers.
7:46:10PM I'm David Mechanik.
7:46:12PM 3058 South Boulevard, Tampa, Florida.
7:46:15PM I'm here on behalf of the Moffitt Cancer Center and research
7:46:19PM institute.
7:46:20PM I have with me this evening Mr. Dean Head, who is the
7:46:24PM vice-president of facility management and construction at
7:46:28PM Moffitt.
7:46:29PM I also have Mike Ross, who is with King Engineering.
7:46:33PM And I'm going to ask him in just a couple minutes to come up
7:46:36PM and give you a little idea of the design concept that we're
7:46:41PM talking about for the property.
7:46:43PM I'd like to first state for the record that we concur in the
7:46:49PM recommendations that Abbye just presented to you.
7:46:52PM We have agreed to all of the requested changes.

7:46:56PM I would like to maybe just clarify or embellish a bit on
7:47:01PM Abbye's explanation.
7:47:02PM While we are asking for an increase in the size on one of
7:47:06PM the signs, the purpose of that additional condition is to
7:47:12PM say that we are limited from the standpoint of electronic
7:47:16PM signs to what's currently allowed in the code, so we are not
7:47:20PM seeking an increase in the square footage of electronic
7:47:24PM signs.
7:47:24PM But we are asking as part of the recommended condition that
7:47:29PM we be allowed the flexibility to distribute the amount of
7:47:33PM that signage among the permitted three signs that would be
7:47:37PM on the property.
7:47:38PM So we're not seeking an increase in the amount of electronic
7:47:43PM signage.
7:47:44PM As Abbye mentioned, this is a 30-acre site.
7:47:49PM This is part of a very long-term campus master plan for
7:47:54PM Moffitt.
7:47:55PM We were faced with the, a dual problem of having to make
7:48:01PM long-term plans while at the same time they have an
7:48:05PM immediate need to begin on a facility very shortly within,
7:48:10PM hopefully the next year.
7:48:10PM So we were faced with how to deal with the immediate need
7:48:16PM and planning for a 30-acre site.
7:48:19PM Some of the regulations for a traditional PD are very, very
7:48:24PM specific and call for details that we simply don't have

7:48:28PM today.
7:48:28PM So we suggested to the staff and we have developed a series
7:48:33PM of conditions that would have the site plan review operate
7:48:38PM like the PDI or incremental site plan review process, so
7:48:43PM that our site plan today is very conceptual.
7:48:47PM But it allows for all of the safeguards that you would want
7:48:50PM to have in place because each building that we have to
7:48:54PM construct, we have to come in with a very detailed zoning
7:48:58PM site plan called the incremental site plan, and that gets
7:49:01PM reviewed by the zoning staff to determine that we have
7:49:05PM complied with all the code requirements as well as all the
7:49:09PM conditions that are imposed by Council as part of this
7:49:13PM approval.
7:49:14PM So, with that in mind, I'd like to ask Mike Ross to come up
7:49:18PM and again, our site plan is very conceptual, but he can
7:49:23PM maybe give you a little bit better idea of what the plans
7:49:26PM are that we have in mind.
7:49:30PM >> Thank you, Dave.
7:49:31PM Good evening, Council.
7:49:32PM Again, Mike Ross, King Engineering, 4921 memorial highway,
7:49:40PM Tampa.
7:49:41PM I have been sworn.
7:49:42PM As mentioned, king provided the civil engineering and
7:49:45PM planning services in conjunction with the rezoning site
7:49:48PM plan.

7:49:48PM And just very briefly, general overview of how this is
7:49:53PM laying out.
7:49:56PM This is in essence what is a second phase of what would be a
7:49:57PM multiple phase project.
7:50:00PM As has been discussed earlier, the M2Gen piece, southeast
7:50:06PM corner of the site.
7:50:07PM All infrastructure to support that building is in place,
7:50:11PM including parking, stormwater, water, sewer, etcetera.
7:50:13PM The remaining and future phases will be constructed in this
7:50:16PM area here, which is identified as area two.
7:50:19PM Again, multi-story buildings, probably some garage
7:50:22PM components in the latter part of the overall development.
7:50:26PM A very dense type application, if you will, basically we
7:50:32PM have -- as Dave has mentioned, all the notes and everything
7:50:36PM that's in this zoning now contemplates that.
7:50:38PM There's a lot of flexibility in this.
7:50:40PM We are available to answer any questions you may have in
7:50:42PM regard to the future layout of this.
7:50:48PM >>DAVID MECHANIK: I'd just like to add.
7:50:50PM Dave Mechanik, by the way, I have been sworn.
7:50:53PM I'd like to add a few more points Po tonights our
7:50:55PM presentation and then be happy to answer any questions.
7:50:58PM The concept that we're talking about is that Moffitt could
7:51:04PM expand its existing facilities, as well as to incorporate
7:51:09PM additional partnerships very similar to what currently

7:51:13PM exists on the property with the M2Gen project, which is a
7:51:19PM partnership between Moffitt and Merck pharmaceuticals.
7:51:22PM They anticipate the likelihood of entering into many or
7:51:28PM several more such partnerships and they would be located on
7:51:33PM this property, so it creates some unique circumstances,
7:51:36PM where we could have multiple prominent tenants that would be
7:51:40PM occupying this site.
7:51:42PM Hence, the need for the increase in the signage because
7:51:46PM there could be multiple companies who are residing, not just
7:51:50PM Moffitt on this property.
7:51:51PM And finally, I'd just like to point out that the tree
7:51:56PM waiver, we are actually in terms of protected trees, we are
7:52:02PM actually preserving more than 60% of the hard wood canopy
7:52:06PM trees that are on the site.
7:52:08PM However, there's a predominance of palm trees on the site,
7:52:12PM so what happens is, because of the need for us to remove the
7:52:15PM palm trees that skews the percentage, so we are essentially
7:52:20PM forced to ask for the waiver.
7:52:23PM But we are preserving is what the city would consider the
7:52:26PM protected and most valuable trees, or at least 60% of those
7:52:32PM trees.
7:52:32PM So with that, we'll be happy to answer any questions.
7:52:37PM >>HARRY COHEN: Any questions from Councilmembers?
7:52:41PM I don't see any right now.
7:52:43PM If there's anyone here from the public that would like to

7:52:46PM speak specifically to item number 6, now would be the time
7:52:50PM to do that.
7:52:56PM >> Okay, I'm Ed Tillou.
7:52:59PM My concern about this, I was wondering how far north this
7:53:05PM goes?
7:53:06PM I didn't see that addressed.
7:53:08PM It's along 40th Street, immediately south of power.
7:53:14PM I calculated it goes about 900 feet if it's a square parcel
7:53:19PM and it seems to be.
7:53:21PM That used to be an industrial park before that, an airport.
7:53:29PM And now resource in that facility, there's a railroad line
7:53:36PM that's south of Fowler.
7:53:39PM And it's pretty much abandoned now.
7:53:42PM But it was what attracted for instance, the breweries and
7:53:45PM things like that.
7:53:46PM Now, when Mr. Amelia was here, I pointed out to them that my
7:53:53PM calculation showed that the one percent for transportation
7:53:56PM would actually be two or three cents, ultimately worked out.
7:54:01PM Because light rail is very expensive.
7:54:03PM And I said what about these multiple units along that land,
7:54:08PM along that right-of-way, that trackage?
7:54:11PM And he said that years ago, six or eight years ago, that was
7:54:15PM proposed.
7:54:17PM One before the light rail and that was voted down.
7:54:20PM So people ought to keep this in mind that there is something

7:54:25PM cost effective in that neighborhood.
7:54:26PM And it could swing over to USF and serve people and reduce
7:54:31PM cars.
7:54:32PM So, I don't know, maybe there should be a few sentences
7:54:38PM relating to that and this overall project because you have
7:54:41PM something cost effective and feasible that would be a one
7:54:45PM cent thing and then you have light rail that's good buzz
7:54:50PM words, but actually when you get done with it, it's about
7:54:53PM three or four cents increase in the sales tax.
7:54:58PM >>HARRY COHEN: Okay, is there anyone else with any
7:55:00PM additional comments?
7:55:02PM Petitioner, rebuttal?
7:55:06PM >> Ask a question?
7:55:07PM >>HARRY COHEN: Go ahead, Councilwoman Montelione.
7:55:11PM >>LISA MONTELIONE: Those are the zoning folks know whenever
7:55:13PM there's a reduction in parking, I'm august for that because
7:55:16PM I think that reduction in parking would maybe encourage
7:55:18PM people to car pool or use mass transit as Mr. Tillou pointed
7:55:22PM out.
7:55:24PM And this is very near where that initial light rail or
7:55:30PM commuter rail transportation station was supposed to be at
7:55:33PM the corner of my civic association at 30th and Fowler.
7:55:37PM But what surprises me about this particular project is that
7:55:42PM sitting on the new north Tampa transportation alliance
7:55:45PM board, we talk about Moffitt and their need for parking all

7:55:50PM the time.
7:55:50PM So I was actually really kind of surprised when I saw the
7:55:54PM request for reduction in the required parking on this site,
7:55:59PM thinking that you folks needed as much parking as humanly
7:56:03PM possible.
7:56:05PM >> Well, I could ask Mr. Ross to perhaps speak to that.
7:56:09PM I mean, the engineers have looked at this from the
7:56:11PM standpoint of what they anticipate the demand will be for
7:56:15PM this site.
7:56:16PM Mine, we don't anticipate any shortage, but of course we
7:56:22PM would always have the flexibility to add more parking if it
7:56:25PM turned out that the demand was greater.
7:56:27PM But they do not anticipate the need to meet the code fully.
7:56:34PM And the request for the waiver is only a 17%.
7:56:38PM >>LISA MONTELIONE: And considering that there's that
7:56:40PM flexibility of the change that's going to reflect 120-foot
7:56:42PM and the possibility of the increase, that would negate the
7:56:46PM waiver of the 17%?
7:56:50PM >> No.
7:56:52PM >>LISA MONTELIONE: All right.
7:56:53PM That was the only question.
7:56:55PM And I have got to say I'm like really excited about this,
7:56:58PM because I think that projects like this are just what the
7:57:03PM area needs.
7:57:05PM And that we're looking for in the innovation destination

7:57:09PM location.
7:57:11PM >>HARRY COHEN: Councilwoman Mulhern?
7:57:13PM >>MARY MULHERN: Thank you.
7:57:13PM Getting a little close to my bedtime, so I'm probably going
7:57:20PM to be asking questions that you might have already answered.
7:57:23PM I'm just trying to understand this, what you're asking for
7:57:27PM here.
7:57:27PM Because the site plan actually, the elevations are just
7:57:34PM conceptual, right?
7:57:35PM You don't have any actual plan?
7:57:40PM >>DAVID MECHANIK: Yes, I guess you would say that, the
7:57:41PM elevations are conceptual.
7:57:44PM >>MARY MULHERN: So when I look at this, basically the only
7:57:48PM thing we know that this PD is asking for is the changes in
7:57:56PM the trees and the reduction in the signs?
7:58:03PM >>DAVID MECHANIK: And the uses are listed --
7:58:06PM >>MARY MULHERN: But they're not -- there's no plan.
7:58:09PM There's no drawing of where the uses will be.
7:58:12PM >>DAVID MECHANIK: That's correct.
7:58:13PM >>MARY MULHERN: For me, this is weird.
7:58:15PM I haven't had -- I don't think I've had a PD like this
7:58:19PM before, have I?
7:58:20PM Give me an example of one where we, we don't know what the,
7:58:29PM the footprint or...
7:58:34PM >>ABBYE FEELEY: We just did this on the hidden river when we

7:58:36PM did it for the VA hospital up there at hidden river, their
7:58:40PM PDA.
7:58:40PM PDAs used to not have a minimum acreage requirement.
7:58:44PM They now do of 50 acres.
7:58:47PM But we have had PDAs with incremental review.
7:58:50PM Several of them.
7:58:52PM And that's what this is.
7:58:53PM It's a PD, so --
7:58:55PM >>MARY MULHERN: So they have to come every time --
7:59:00PM >>ABBYE FEELEY: They're getting an entitlement, 752,000.
7:59:02PM Every time they draw down offer of those, they will come in
7:59:06PM through me with a site plan for each piece.
7:59:09PM >>MARY MULHERN: But they must come to Council?
7:59:12PM >>ABBYE FEELEY: They will not come back to Council.
7:59:14PM >>MARY MULHERN: But that is different and we haven't been
7:59:17PM doing that before.
7:59:19PM >>ABBYE FEELEY: We have done a handful.
7:59:20PM Maybe five or six in the last couple of years.
7:59:23PM The original west end before we just re-did it.
7:59:27PM They had block by block entitlements.
7:59:29PM Every time they pulled a block, like vintage loft, that came
7:59:36PM in and they had the engineering plan and we worked through
7:59:39PM that.
7:59:39PM There are many of them in New Tampa, Tampa Palms area, one,
7:59:43PM two, three and four, they all have those masters.

7:59:45PM And then they pull down.
7:59:47PM Because at 26 acres, very difficult to engineer a full site
7:59:51PM plan for that at one time.
7:59:52PM Especially almost a million square feet of development.
7:59:56PM >>MARY MULHERN: I understand that.
7:59:57PM My question though, that -- this is, seems new to me that
8:00:05PM the incremental changes wouldn't come to Council.
8:00:14PM >>ABBYE FEELEY: Incremental site plans have never come to
8:00:16PM Council.
8:00:17PM That's how it works.
8:00:18PM It's always been administrative.
8:00:20PM Up until 2006, it didn't have minimum acreage.
8:00:23PM Then it set the minimum acreage at 50, which we don't have
8:00:27PM many 50-acre sites within the city any more.
8:00:30PM For a planned development alternative, PDA, but some of the
8:00:34PM larger ones have used the PD request incremental.
8:00:39PM >>MARY MULHERN: So give me those examples again of ones that
8:00:42PM this Council, or maybe the former Council might have
8:00:47PM approved.
8:00:49PM >>ABBYE FEELEY: About 18 months ago we did it for hidden
8:00:51PM river for the VA hospital.
8:00:53PM Hidden river was a PDA.
8:00:54PM It did not allow for medical offers use or for clinic.
8:00:58PM And we rezoned it to allow for the VA hospital.
8:01:02PM But you never saw the plans of the VA.

8:01:04PM That's under incremental review, hidden river 1201 with us.
8:01:09PM West end, the original west end phases one and two just to
8:01:12PM the west of downtown was also a PD with incremental review.
8:01:16PM I can get you some others.
8:01:19PM >>MARY MULHERN: But that one I remember we saw.
8:01:23PM >>ABBYE FEELEY: Central Park Village Encore is PD with
8:01:27PM incremental review.
8:01:29PM Each slot comes in to me for review.
8:01:32PM I did the L, I'm currently reviewing the trio.
8:01:38PM >>MARY MULHERN: We had a site plan, we had plans --
8:01:42PM >>ABBYE FEELEY: No, they were all conceptual.
8:01:44PM They had a set of regulations which could develop each of
8:01:46PM those blocks.
8:01:47PM But Encore had nine blocks and each block is subject to
8:01:50PM incremental site plan review.
8:01:55PM >>MARY MULHERN: I guess because I don't see it, I don't know
8:01:59PM though.
8:01:59PM Going through you and we don't hear about it.
8:02:05PM >>HARRY COHEN: Councilwoman Capin?
8:02:11PM >>YVONNE CAPIN: Yes.
8:02:11PM I am also very excited about this.
8:02:17PM As a Councilmember that represents the entire city, when I
8:02:27PM see these projects coming forth, it is really exciting to
8:02:33PM see our city move forward and this area, as Councilwoman
8:02:38PM Montelione, which is her specific district, mentioned, it's

8:02:44PM very much needed in the area.
8:02:47PM So that was my comment.
8:02:48PM And thank you for reminding me that I had that comment.
8:02:52PM >>HARRY COHEN: Okay.
8:02:53PM Is there anything else from the petitioner?
8:02:59PM >>DAVID MECHANIK: David Mechanik, no, sir.
8:03:01PM We did a presentation.
8:03:02PM >>HARRY COHEN: Thank you.
8:03:02PM And Councilmembers.
8:03:04PM >> Move to close.
8:03:05PM >> Second.
8:03:06PM >>HARRY COHEN: We have a motion to close from Councilman
8:03:09PM Reddick, seconded by Councilwoman Montelione.
8:03:11PM All those in favor, please indicate by saying aye.
8:03:14PM Opposed?
8:03:16PM Okay.
8:03:17PM Councilwoman Montelione, please read the ordinance.
8:03:20PM >>LISA MONTELIONE: I'm so glad that it fell that way.
8:03:22PM Get to read this one.
8:03:23PM I present an ordinance for first reading in consideration,
8:03:27PM an ordinance rezoning property in the general vicinity of
8:03:29PM 10902 McKinley Drive, in the City of Tampa, Florida and
8:03:33PM more particularly described in section 1, from zoning
8:03:37PM district classifications, IH, industrial heavy, to PD,
8:03:40PM planned development, office, medical, hospital, and all uses

8:03:43PM permitted in the OP-1 and CI zoning districts, including the
8:03:48PM revisions that were provided to us by staff, in addition to
8:03:54PM the revisions that may not appear here but were referenced
8:03:57PM during this hearing.
8:03:59PM Providing an effective date.
8:04:02PM >> Second.
8:04:03PM >>HARRY COHEN: Okay.
8:04:04PM We have a motion by Councilwoman Montelione, seconded by
8:04:08PM Councilman Suarez.
8:04:09PM All those in favor, please indicate by saying aye.
8:04:12PM Opposed?
8:04:14PM Is.
8:04:15PM >>THE CLERK: Motion carried with Miranda being absent.
8:04:17PM Second reading and adoption will be September 6th at
8:04:19PM 9:30 a.m.
8:04:21PM >>LISA MONTELIONE: Can't wait to see that start coming out
8:04:23PM of the ground.
8:04:24PM I drive past it every day.
8:04:26PM >>HARRY COHEN: Okay, we are on to the last item of the
8:04:29PM evening, which is item number 7.
8:04:32PM >>ABBYE FEELEY: Item number 17 is Z12-27.
8:04:36PM It's located at 7921 North 40th Street.
8:04:40PM The request before you this evening is from RS-75,
8:04:46PM residential single-family and CG commercial general, to CG
8:04:51PM commercial general.

8:04:51PM This is Euclidian rezoning request, therefore, no waivers
8:04:55PM are permitted.
8:04:55PM >>TONY GARCIA: Tony Garcia, planning commission staff, I
8:05:02PM have been sworn in.
8:05:03PM This is kind of like a record.
8:05:08PM This case is the third case in the University District
8:05:12PM tonight.
8:05:12PM So, University gets the award tonight for having the most --
8:05:20PM all the districts tonight, and all the districts in those
8:05:23PM areas that offer the most opportunity for growth and
8:05:25PM development.
8:05:25PM So that's really fantastic.
8:05:27PM This particular site is located on 40th Street.
8:05:32PM I'm tell you how new that is.
8:05:34PM My map here is kind of dated because this is a roundabout
8:05:38PM now.
8:05:39PM It does not look like this.
8:05:40PM This is a regular, a regular signal intersection on the old
8:05:45PM map that we have, we don't actually have the new maps that
8:05:47PM reflect the roundabout.
8:05:49PM But this is on the roundabout.
8:05:51PM And this would be on the northeast, I guess arc of the
8:05:55PM roundabout.
8:05:56PM The land use category is community mixed use 35, which
8:06:00PM allows CG and consistent with the CG zoning district that's

8:06:04PM proposed.
8:06:04PM This is all community 35 here.
8:06:07PM Quite a few segments when they did the 40th Street community
8:06:10PM planning, they did do that last year.
8:06:13PM That designated quite a few properties along 40th Street CG.
8:06:18PM And also designate, we did quite a few land use changes to
8:06:23PM allow predominant use along 40th Street.
8:06:28PM One transitions away from 40th Street, you go into the
8:06:31PM residential characters, as is reflected by this aerial here.
8:06:37PM As you can see, you have your tree areas and then you have
8:06:39PM your residential components.
8:06:41PM But this, all this has been taken, so this is now a
8:06:45PM roundabout.
8:06:47PM I'm hoping Ms. Feeley has a more up to date picture that
8:06:51PM should be able to show you all to give you a better
8:06:54PM perspective.
8:06:55PM She's going to give it to me right now.
8:06:56PM Thank you.
8:06:57PM So that's the roundabout.
8:06:59PM As you can see, this is on the arc, on the southeast arc of
8:07:04PM the roundabout.
8:07:05PM And this is a CMU 35.
8:07:10PM So that is consistent with the comprehensive plan.
8:07:12PM It's also consistent with the types of uses that are
8:07:17PM recommended by the 40th Street community plan, what's

8:07:21PM conducted by the City of Tampa development code, land
8:07:27PM development code department.
8:07:29PM So we find it consistent with the comprehensive plan.
8:07:34PM Thank you.
8:07:41PM >>ABBYE FEELEY: Thank you, Tony.
8:07:42PM Commercial general, the applicant is proposing to rezone the
8:07:50PM property at 7921 from residential multi-family and
8:07:54PM commercial general to commercial general.
8:07:56PM So what's going on in this case is the front portion right
8:08:00PM here is commercial general.
8:08:03PM The back piece here is currently the RS-75.
8:08:07PM As you can see, the commercial general jogs just to the
8:08:10PM south of this property.
8:08:12PM And then continues down Jackson.
8:08:14PM So everything to the south here is already commercial
8:08:18PM general.
8:08:18PM And everything all the way to the north, that red line is
8:08:22PM the dividing line of the commercial general.
8:08:25PM The subject property measures 110 by 200.
8:08:34PM So it's .15 of an acre.
8:08:37PM As Tony said, it's the southeast corner of north 40th and
8:08:40PM east River Hills at the newly created traffic circle.
8:08:43PM It's surrounded by residential to the north and east.
8:08:47PM Vacate property to the south and 40th Street to the west.
8:08:50PM You know what?

8:08:58PM I was out sick and Gloria I see, she backhanded the report
8:09:05PM without attaching the use table for the CG.
8:09:07PM So that's referenced in your report but it is not attached.
8:09:10PM I did provide you with the criteria procedure, 10,000 square
8:09:16PM foot lot, 75 feet in width.
8:09:21PM And ten foot setbacks all the way around.
8:09:25PM So all setbacks would be ten feet and then the maximum
8:09:28PM building height is 45 feet.
8:09:31PM Let me go ahead and show you some pictures.
8:09:33PM What I did was I started out on 40th Street and came around
8:09:37PM the property.
8:09:38PM Came back down the backside and then I went back out and
8:09:44PM took some photos of the north side of River Hills.
8:09:47PM So this is coming up 40th Street, looking to the east.
8:09:53PM So this is still on 40th looking east toward Jackson is to
8:10:05PM the rear there.
8:10:05PM And you'll see, I'll show you some photos of these houses.
8:10:09PM This is now on River Hills, moving east.
8:10:14PM Looking south.
8:10:15PM This is looking back 40th Street's over here.
8:10:18PM Again, River Hills.
8:10:22PM This is River Hills looking back toward 40th.
8:10:26PM So, looking southwest.
8:10:27PM This is the site from Jackson, looking back towards 40th.
8:10:33PM This is the property to the south looking back toward 40th.

8:10:38PM There's 40th behind you.
8:10:40PM This is Jackson looking back northwest.
8:10:44PM This is looking south on Jackson place.
8:10:52PM This is on the east side of Jackson place.
8:10:56PM This is at the corner here of Jackson and River Hills
8:11:08PM looking north.
8:11:09PM And moving west toward 40th Street.
8:11:17PM This is a view back toward 40th Street and the roundabout.
8:11:23PM And this is on the corner, you'll see that the city, when
8:11:33PM the 40th Street improvements were done, the city did provide
8:11:36PM a driveway apron on River Hills for access to the property
8:11:40PM as they would not allow any aprons to be placed on 40th
8:11:43PM Street for access to the property.
8:11:45PM The property does meet all the regulations of the CG zoning
8:11:56PM district and staff did find the request consistent.
8:12:02PM >> Okay, petitioner?
8:12:08PM >> Good evening, Council.
8:12:10PM My name is Russell Ferlita with Ferlita engineer.
8:12:15PM I represent the Newbys, who own the property.
8:12:19PM And so far, your staff has done an excellent job presenting
8:12:23PM this to you.
8:12:24PM I can't add anything to it.
8:12:25PM If there are any questions you may have, I'll try to answer
8:12:28PM them.
8:12:34PM >> Councilwoman Montelione?

8:12:36PM >>LISA MONTELIONE: I'm sorry.
8:12:37PM I know that, I think everyone's gotten a copy of an e-mail
8:12:44PM that was sent.
8:12:46PM And I do have some questions about this site.
8:12:52PM The allowable uses are -- there are many allowable uses.
8:13:00PM >> Yes.
8:13:01PM >>LISA MONTELIONE: And the constraint of -- I know we have
8:13:05PM discussed roundabouts here ad infinitum over the past year.
8:13:11PM And because this is not a PD, we're not going to have a site
8:13:18PM plan to look at as far as where access will be and that sort
8:13:23PM of thing.
8:13:24PM So, it seems like a constrained site as far as ingress and
8:13:30PM egress.
8:13:32PM >> Well, we're not allowed to access on 40th Street.
8:13:36PM River Hills --
8:13:37PM >>LISA MONTELIONE: Making it even more constrained.
8:13:39PM >> River Hill Drive is the allowable access to the property.
8:13:43PM >> River Hills is?
8:13:45PM >> Yes.
8:13:47PM >>LISA MONTELIONE: Okay.
8:13:47PM So, since River Hills doesn't allow truck traffic, all the
8:13:53PM vehicles in and out of the site are going to be automobiles?
8:13:58PM >> Well, whatever we do with the site is going to meet the
8:14:03PM regulation also and requirements of your plan review.
8:14:06PM Anything we submit would have to be approved by you and your

8:14:10PM planning committee.
8:14:11PM >>LISA MONTELIONE: No, wouldn't be approved by us.
8:14:13PM Would be approved by the building and zoning staff.
8:14:18PM >>ABBYE FEELEY: What particularly happens is that when the
8:14:24PM site only has access to a local street, then that site has
8:14:28PM to be allowed access.
8:14:29PM We can't tell them they can't have access to their property.
8:14:34PM So that would be handled, I mean at the time of permitting.
8:14:38PM The city who made those improvements along 40th did place a
8:14:42PM brand new apron on River Hills.
8:14:45PM As to the traffic and controlling the traffic, or the
8:14:49PM trucks, I mean, they have to be allowed access to their
8:14:54PM property.
8:14:58PM >> Because I also drive that route regularly.
8:15:01PM And that was a question that came up, so I wanted to clarify
8:15:05PM that.
8:15:06PM Thank you.
8:15:08PM >> Thank you.
8:15:09PM >>HARRY COHEN: Anyone else?
8:15:10PM Councilwoman Mulhern?
8:15:12PM >>MARY MULHERN: Mrs. Feeley, can you get us, and Christina
8:15:15PM could print it out, the allowable uses?
8:15:18PM We can make a copy.
8:15:20PM Christina can make a copy.
8:15:24PM Are you going to put it up for us?

8:15:29PM >> I can put it up.
8:15:30PM Typical CG is going to be business professional office,
8:15:37PM retail sales, this is just use group A.
8:15:58PM CG would allow bed and breakfast, cemetery, congregate
8:16:03PM living facility.
8:16:04PM Multi-family dwelling, but that would be a special use one,
8:16:08PM as you see under all those.
8:16:10PM A clinic, a club, a college, day care, fraternity or
8:16:22PM sorority, a funeral parlor, a hospital and associated uses.
8:16:28PM A hotel and a motel.
8:16:30PM A place of religious assembly, which would be church or
8:16:33PM temple.
8:16:34PM Public cultural facility, could be a library.
8:16:36PM A rooming house, a school, vocational school, business
8:16:40PM school.
8:16:43PM I mean, it's a pretty extensive list.
8:16:47PM This was the alcoholic beverage is shown on the next page.
8:16:51PM That's all controlled by special uses.
8:16:54PM Permitted uses would include a bank, but not a bank with a
8:16:59PM drive-in.
8:16:59PM The drive-in would be a special use.
8:17:00PM A catering shop, a cigar factory, a dry cleaners.
8:17:08PM Interim parking.
8:17:10PM A dental laboratory.
8:17:12PM A marina, which obviously would not be placed there.

8:17:18PM A microbrewery.
8:17:20PM A nursing care facility.
8:17:21PM Business professional office.
8:17:23PM Medical office.
8:17:24PM Parking, a pharmacy.
8:17:30PM Public service facility.
8:17:33PM That would be like a pump station or something.
8:17:36PM Recreation facility private.
8:17:38PM A restaurant.
8:17:43PM Retail sales, convenience goods, retail sales gasoline, lawn
8:17:47PM and garden, retail sales, shoppers goods.
8:17:51PM Specialty goods.
8:17:52PM A re-upholstery shop.
8:17:54PM That being said, all these uses I'm reading out, they can
8:17:59PM only put those uses on there if they can meet all other
8:18:02PM provisions of code that would be applicable to those uses.
8:18:06PM So at the time of permitting, they're going to have to show,
8:18:10PM they need parking, they need buffering, they need everything
8:18:10PM because they're not getting any waivers through this
8:18:12PM application.
8:18:13PM So through that 100 by 220 site, that site has to be able to
8:18:17PM accommodate any of those uses and the buildings that are
8:18:22PM being proposed to house those uses.
8:18:24PM Storefront residential, which would be office or commercial
8:18:28PM on the bottom and residential up top.

8:18:31PM Temporary film production, vehicle repair minor, sports and
8:18:40PM entertainment.
8:18:42PM Temporary vendor would be a special use one.
8:18:44PM Pest control.
8:18:48PM Veterinary office or wine production customized.
8:18:52PM That would be all the potential uses under the commercial
8:18:56PM general.
8:18:58PM >>MARY MULHERN: Thank you.
8:19:00PM >>HARRY COHEN: Councilman Suarez?
8:19:02PM >>MIKE SUAREZ: Thank you.
8:19:02PM Mr. Ferlita?
8:19:04PM Have the Newbys decided what they're going to use the
8:19:10PM property for?
8:19:11PM Or just for the rezoning in order to sell it or is there a
8:19:17PM development coming up.
8:19:18PM >> I'm pretty sure there's no plan to sell the property.
8:19:20PM But then again, this is a small piece of property.
8:19:23PM And based on the size of the property, most of those items
8:19:26PM that were represented for uses were automatically be
8:19:29PM eliminated, I mean, it's a very small site.
8:19:34PM Definitely limited by that alone.
8:19:37PM >>MIKE SUAREZ: You put it very succinctly, which is
8:19:39PM regardless where, that it's the way it's zoned, there is
8:19:43PM going to be some real reality checks in terms of what you
8:19:47PM can actually do there.

8:19:48PM I think that's an important aspect of it.
8:19:51PM I just wanted to know if there were any plans yet for the
8:19:54PM use of the facility, excuse me, the land?
8:19:59PM >> We haven't discussed it.
8:20:01PM Right now they're more concerned about getting it zoned
8:20:04PM comparable to the surrounding zoning.
8:20:07PM >>MIKE SUAREZ: Thank you, sir.
8:20:12PM >> Good evening.
8:20:14PM My name is Betty Newby.
8:20:16PM And my husband and I are the owners of the property.
8:20:22PM At this time, we just want the property rezoned.
8:20:29PM Before the taking of the property of the CG, the front part
8:20:36PM of the property was -- is CG.
8:20:39PM The back part is RS-75.
8:20:45PM So what we are asking you to do is to combine the two pieces
8:20:50PM of property and make it all CG.
8:20:55PM So at this time, we have not decided exactly.
8:21:01PM We are in the rezoning phase right now.
8:21:04PM Thank you.
8:21:09PM >>HARRY COHEN: All right.
8:21:14PM >> I might add, there is property was taken from the
8:21:17PM right-of-way that was originally CG that was part of their
8:21:21PM property, which is no longer there.
8:21:24PM So basically what they're really asking for, and in
8:21:27PM actuality is they be given back what was taken away from

8:21:30PM them.
8:21:30PM Thank you.
8:21:31PM >>HARRY COHEN: Okay, is there anyone here from the public
8:21:33PM that would like to speak on this application?
8:21:36PM It is item number 7.
8:21:53PM >> Good evening, Council.
8:21:55PM My name is Richard Formica.
8:21:58PM I live on the 8700 block of Pawnee Avenue in the
8:22:01PM east-northeast neighborhood of Temple Crest.
8:22:04PM And I've been sworn.
8:22:05PM I'm here this evening to speak on my behalf alone on the
8:22:09PM request to rezone the property on the corner of River Hills
8:22:11PM Drive and 40th Street from RS-75 and CG to CG.
8:22:16PM Until just a few moments ago, the owners of the property
8:22:21PM have not provided any details on what they want to do with
8:22:24PM this rezoning request on this little over one half of an
8:22:29PM acre size property.
8:22:32PM Should they want to build an office complex here, I think
8:22:36PM they're in for several changes.
8:22:37PM The property slopes in toward the center off of 40th Street,
8:22:44PM southbound from River Hills Drive and westbound from
8:22:50PM Jackson.
8:22:50PM Street.
8:22:52PM Okay.
8:22:55PM This may complicate stormwater drainage and require

8:22:58PM retention pond.
8:22:59PM Especially if the majority of the property is impervious
8:23:03PM because of needed parking spaces and building structures.
8:23:06PM And if retention pond is necessary, then parking spaces are
8:23:09PM going to be limited, reducing the size of the structure.
8:23:13PM There is the issue of accessibility.
8:23:18PM It is not access isn't by motor vehicles from 40th Street.
8:23:21PM There's a bus stop over here.
8:23:23PM The only accessibility off of River Hills Drive is right
8:23:27PM here.
8:23:27PM And that's going to be a challenge because you're going to
8:23:30PM have traffic coming off the traffic circle.
8:23:33PM Okay.
8:23:34PM Going eastbound on River Hills Drive and you're going to
8:23:38PM have traffic coming westbound on River Hills Drive and if
8:23:42PM they all want to turn in here, it's going to be a jousting
8:23:54PM match.
8:23:55PM As to access from Jackson Street, which is right down here,
8:23:58PM this is now a neighborhood street.
8:24:00PM It was once allowed access to 40th Street, but is now
8:24:05PM blocked.
8:24:05PM And I'm going to be sure that any non-residential traffic
8:24:12PM going down Jackson Street to get access to the property is
8:24:16PM not going to sit well with the neighbors.
8:24:18PM Therefore, until all the details are known, I ask that this

8:24:25PM rezoning request be put on hold.
8:24:27PM Thank you very much.
8:24:28PM Are there any questions?
8:24:35PM >>HARRY COHEN: Councilwoman Montelione?
8:24:38PM >>LISA MONTELIONE: Mr. Shelby or Ms. Cole can address this.
8:24:41PM But we can't ask for the rezoning to be put on hold.
8:24:44PM It's only the petitioner who can ask for a continuance of a
8:24:51PM rezoning application.
8:24:54PM >>MARTIN SHELBY: That is correct, they're asking for action
8:24:56PM on this particular petition.
8:24:58PM And there are presently development rights assigned to this
8:25:02PM particular property presently.
8:25:02PM They're asking for a change in Euclidian zoning.
8:25:06PM But they presently have development rights on the property,
8:25:09PM albeit not specifically what they are seeking now.
8:25:13PM >>LISA MONTELIONE: I just want to let you know it's not up
8:25:15PM to us to ask -- we can't honor the request that you're
8:25:18PM making.
8:25:21PM >> If you disapprove the rezoning tonight, then what
8:25:25PM happens?
8:25:26PM >>LISA MONTELIONE: Mr. Shelby?
8:25:30PM >>MARTIN SHELBY: What happens is, the zoning that's
8:25:36PM presently in place remains.
8:25:40PM >> Okay.
8:25:42PM >> Ms. Cole?

8:25:48PM >>JULIA COLE: An Euclidian rezoning and part of it is CG and
8:25:54PM part of the property is presently CG.
8:25:57PM The other half of this property is presently on
8:26:00PM residential -- RS-75.
8:26:06PM So they have all the rights on this property.
8:26:10PM Whether on the zoning the property today or any future
8:26:14PM rezoning, that's Euclidian, they're going to have to comply
8:26:17PM with code.
8:26:18PM If you deny this, you'd have to deny on the bases of
8:26:21PM competent substantial evidence that's within the record.
8:26:24PM If you do deny this rezoning, they do keep what they have on
8:26:27PM the property today, plus they would not have the right to
8:26:29PM come back to we zone the property to CG for a year.
8:26:33PM They could potentially come back for some other type of
8:26:36PM zoning, but they would be limited for the next year as to
8:26:39PM what they could come back for in terms of a CG rezoning.
8:26:43PM But remember as you go through this process, make sure you
8:26:45PM have competent substantial evidence to support any denial
8:26:49PM and make your decision on that basis.
8:26:52PM Thank you.
8:26:53PM >>HARRY COHEN: Councilwoman Mulhern?
8:26:56PM >>MARY MULHERN: Ms. Cole, I'd like to understand as much as
8:26:59PM we can about the, the, how the city's taking of property
8:27:11PM affected the zoning.
8:27:15PM >>JULIA COLE: I don't know that it affects the zoning in the

8:27:18PM sense that whatever was taken and whatever process they went
8:27:21PM through for the purpose of the taking is dealt with in
8:27:23PM another process.
8:27:24PM If they wanted to develop the front part of the parcel that
8:27:26PM was subject to the taking, they would have the right to
8:27:29PM develop it in a manner consistent with their zoning and also
8:27:32PM taking into consideration that a portion of it has, was
8:27:37PM subject to a taking.
8:27:38PM So I'm not really sure how completely relevant that is to
8:27:41PM your discussion, except that I think what the applicant is
8:27:45PM trying to say, the basis upon which they have come in here
8:27:48PM to request the rezoning was make it all one zoning.
8:27:53PM >>MARY MULHERN: I understand that.
8:27:54PM But they lost property in the expansion of 40th Street.
8:28:04PM >>JULIA COLE: Well, I understand there was a taking of the
8:28:06PM portion of their property.
8:28:07PM I don't know how the underlying case was resolved.
8:28:10PM Typically you go through a compensation process for that as
8:28:13PM well.
8:28:14PM So, I don't want there to be a misunderstanding that they
8:28:17PM were just, they didn't go through whatever proper process
8:28:20PM you would go through for eminent domain complain action,
8:28:22PM which typically does include valuation of the property and
8:28:27PM either purchase of the property or some other court action
8:28:30PM as it relates to the property.

8:28:31PM To that extent, I'm not sure how relevant that is to your
8:28:35PM consideration.
8:28:35PM >>MARY MULHERN: This is helpful.
8:28:36PM Thank you.
8:28:37PM Let me ask you one more question though.
8:28:39PM Did the actual, did the zoning change because of the work
8:28:48PM the city did, because of the expansion?
8:28:50PM >>JULIA COLE: No.
8:28:51PM It's always been that way?
8:28:53PM >> The only thing that would have changed, a portion of that
8:28:56PM property was probably subject -- and I'm just in a sense
8:28:58PM guessing on this because I don't know the underlying case --
8:29:02PM is that when we went through the process of determining how
8:29:04PM much property was necessary for the expansion of 40th
8:29:06PM Street, it cut into an existing portion of their property,
8:29:10PM which was zoned CG.
8:29:12PM What they have remaining in that front parcel is remaining
8:29:15PM CG.
8:29:16PM They would be able to develop that as if that property were
8:29:19PM technically, again, I haven't read this, as if this property
8:29:23PM were whole.
8:29:27PM >> Except there was no access.
8:29:29PM >>JULIA COLE: I think it is important to understand the
8:29:30PM access issue.
8:29:32PM We cannot landlock property.

8:29:34PM If there's a parcel of property -- due to whatever set of
8:29:37PM circumstances, no longer has access to one road, they have
8:29:41PM to be given access to another road.
8:29:43PM I understood from the testimony there's two additional
8:29:46PM roadways, one may be considered a local road.
8:29:48PM One may not be considered a local road.
8:29:50PM So the preferable access would always include the nonlocal
8:29:54PM road access.
8:29:56PM You've seen waivers for local road access.
8:29:58PM No waiver request to have local road access at this point.
8:30:01PM So, under the way our regulations are drafted, the preferred
8:30:05PM access is always a nonlocal road.
8:30:11PM >>HARRY COHEN: Councilwoman Capin?
8:30:14PM -- Councilwoman Montelione?
8:30:18PM >>LISA MONTELIONE: I'm going after everybody else has.
8:30:20PM >>YVONNE CAPIN: I was going to move to close.
8:30:23PM >>HARRY COHEN: She had asked to speak.
8:30:25PM We also have to hear from the petitioner.
8:30:29PM Also I believe there are other members of the public.
8:30:33PM But go ahead, Councilwoman.
8:30:35PM >>LISA MONTELIONE: Well, maybe we want to hear the rest of
8:30:37PM the public testimony.
8:30:39PM >>HARRY COHEN: Whoever is here that wants to speak from the
8:30:41PM public, please identify yourself so, I don't want this to
8:30:44PM close out before you've had a chance to address us.

8:30:47PM Okay, go ahead.
8:30:52PM >> Good evening, Council.
8:30:53PM My name is Linda Hewitt.
8:30:56PM 4219 East River Hills Drive, Tampa.
8:30:58PM And this is difficult for me.
8:31:01PM I talked with Betty Newby.
8:31:03PM And know her family and care about her family.
8:31:07PM So it is not easy for me to talk about this this evening.
8:31:10PM I would like to take a moment to tell Councilwoman
8:31:15PM Montelione that your constituents are also going to miss
8:31:19PM Marcus.
8:31:19PM I was very disappointed to hear that this evening.
8:31:22PM He is very, very efficient.
8:31:26PM >>LISA MONTELIONE: Thank you, Linda.
8:31:28PM >> I have a question.
8:31:30PM Which, what this access on River Hills Drive, how will the
8:31:37PM property be addressed, whatever structure is built there?
8:31:42PM >>HARRY COHEN: It is Feeley or Ms. Cole?
8:31:48PM >> What would be the address of the property?
8:31:50PM >>ABBYE FEELEY: The addressing will be done at the time the
8:31:52PM permit is applied for on the property.
8:31:55PM I can't speak, I mean, Land Development Coordination will
8:32:00PM handle the addressing of the property at the time that
8:32:03PM activity is actually taken place on the property.
8:32:09PM >> We're having commercial on River Hills Drive.

8:32:13PM They all face a major street.
8:32:15PM And that is a concern.
8:32:17PM The other thing that I'm concerned about is if you look at
8:32:20PM the property, there's a reason why they probably zoned it
8:32:27PM RS-75, is because if you look, show us one of these pictures
8:32:35PM that were shown, there are houses directly across from the
8:32:37PM access.
8:32:38PM People live in those houses.
8:32:41PM There are houses directly behind Jackson place.
8:32:45PM People live in those houses.
8:32:47PM We're fortunate, most of our houses are being lived in.
8:32:50PM We do have some that aren't.
8:32:54PM We have no idea what's going there.
8:32:56PM It is a small place.
8:33:00PM I don't want to -- I don't want to get into this because we
8:33:03PM are having difficulties with other community, with code
8:33:06PM enforcement for the things that are on 40th Street.
8:33:10PM And when someone gets a property, they can do things and
8:33:13PM it's very difficult to get it changed because it is very
8:33:19PM difficult.
8:33:19PM Therefore, also the trucks, we have been fortunate since
8:33:23PM 40th Street has been flowing the and the roundabout, we have
8:33:26PM had a lot fewer trucks than we used to have in heavy
8:33:29PM traffic.
8:33:29PM It has really made a difference.

8:33:31PM So if someone came there, we want somebody that's going to,
8:33:38PM they can look at it, enjoy it.
8:33:41PM We want something that will be neighborhood compatible.
8:33:45PM As I understand it, we still have a plan outstanding that
8:33:48PM has not been voted on.
8:33:49PM We said this is CG.
8:33:52PM I understand this is under the general plan.
8:33:54PM So, let me say, I know this is difficult for you and it's
8:34:00PM difficult for us.
8:34:02PM But until you know what's there, I am requesting that you
8:34:05PM just ask them to wait until they develop something or
8:34:07PM whatever.
8:34:08PM Thank you.
8:34:11PM >>HARRY COHEN: Is there anyone else from the public who
8:34:13PM would like to address Council at this time?
8:34:19PM Okay.
8:34:19PM Councilwoman Montelione?
8:34:21PM >>LISA MONTELIONE: Thank you.
8:34:22PM Mrs. Carl mentioned earlier that they wouldn't be able to
8:34:28PM come back for a year and ask for another rezoning to CG.
8:34:33PM However, they could come back within that year to ask for a
8:34:39PM rezoning to a PD.
8:34:40PM Is that not correct?
8:34:49PM >> I'm sorry, Mrs. Feeley was trying to tell me something at
8:34:53PM the same time you were talking.

8:34:55PM Apologize.
8:34:57PM >>LISA MONTELIONE: They would not be able to come back
8:34:59PM within a year and ask for CG, but they would be able to come
8:35:03PM back and ask for a plan development, is that correct?
8:35:12PM >>JULIA COLE: I believe yes, that the code would provide
8:35:14PM that they could come back for a PD, which would be construed
8:35:17PM as a different zoning application.
8:35:20PM >>LISA MONTELIONE: This may be a combination question for
8:35:21PM you and Ms. Feeley.
8:35:23PM And it's a difficult one to ask, so...
8:35:30PM Under commercial general, they have to go through --
8:35:35PM anything they want to build has to be permitted through the
8:35:37PM building department and go through site plan review and
8:35:42PM stormwater and waste management, environmental, solid waste
8:35:49PM review.
8:35:50PM If they were to come back with a PD, it seems to me that
8:35:59PM there would be more leeway with a planned development
8:36:05PM request than there would be for them to just go with the CG
8:36:11PM and go through building permitting because the requirements
8:36:14PM would be more stringent under the commercial general
8:36:17PM building permitting.
8:36:20PM I mean --
8:36:23PM >> The problem with answering that question, without knowing
8:36:26PM what it is they'd be trying to request --
8:36:29PM >>LISA MONTELIONE: That Ms. Feeley read off, most of that

8:36:33PM would be out of the question because the site's just simply
8:36:37PM not large enough.
8:36:38PM As Mr. Formica pointed out, there's possible drainage
8:36:42PM issues, there's impervious surface issues.
8:36:46PM There would be requirements -- I mean we hear all the time
8:36:51PM in the industry about solid waste having to get a truck in
8:36:55PM there to service a commercial solid waste container, so
8:37:03PM that...
8:37:08PM >>ABBYE FEELEY: I agree with you.
8:37:09PM The CG allowed is a far more stringent route.
8:37:12PM But you are -- you are meeting every single code.
8:37:17PM No buffer waivers.
8:37:18PM No parking waivers.
8:37:20PM No reduction of drive aisle from 26 feet to 24 feet, which
8:37:24PM you've done three times tonight.
8:37:25PM You must meet code.
8:37:28PM That being said, and I put the survey up here, those uses I
8:37:33PM read off to you, anything in a use group C, which is office,
8:37:38PM retail, pursuant to our buffering code, 27130, section B,
8:37:44PM when you're across from residential, which Ms. Hewitt
8:37:49PM pointed out, on the north here, you have to right off the
8:37:52PM bat provide a five foot planted buffer, or a six foot wall.
8:37:57PM You get your choice.
8:37:58PM However, if you have vehicle use area in that area, you're
8:38:02PM required an eight foot buffer adjacent to the right-of-way.

8:38:06PM So right away you're going to have eight foot buffer with a
8:38:09PM hedge with trees, with that -- that cannot be waived.
8:38:12PM That must be complied with.
8:38:14PM Parking ratio, if you're going to put a thousand square foot
8:38:19PM office on this property and park it at 3.3 spaces, you have
8:38:23PM to have your fourth spaces or more than that, you can't get
8:38:29PM any parking waiver.
8:38:30PM You're required to meet every space.
8:38:32PM You're required to place them.
8:38:34PM >>LISA MONTELIONE: And if there with are to be a retail
8:38:37PM establishment, say a convenience store.
8:38:39PM >> Convenience store is four spaces per thousand.
8:38:42PM So they would be required the four spaces.
8:38:45PM So, they really are backing into a development versus
8:38:51PM putting the development on the property like a PD and then
8:38:54PM asking you for the exceptions they need to make it fit.
8:38:57PM This is telling them you have to fit within these
8:39:02PM parameters.
8:39:03PM So on a PD, what happens, they put it on there, they show
8:39:06PM you how they want to make it fit and then we identify every
8:39:09PM code they're not meeting because they have a unique
8:39:12PM circumstance and we ask you to waive those provisions of
8:39:15PM code.
8:39:16PM This is the reverse.
8:39:17PM It's saying yes, we are going to be entitled to these

8:39:21PM potential uses, but we have to meet every provision of code.
8:39:27PM Every setback, every buffer, every parking, you know, so,
8:39:33PM per your question is it more stringent to come in this way?
8:39:37PM Yes, it is more stringent.
8:39:38PM Protective radius for the trees.
8:39:40PM They're going to having to meet all of those provisions.
8:39:44PM Tree retention, you know, everything they're going to have
8:39:50PM to comply with.
8:39:51PM Depending on whatever you say.
8:39:53PM >>LISA MONTELIONE: I just wanted to let the neighborhood
8:39:55PM know that this is a tradeoff.
8:39:57PM On the one hand, with a PD, you'll know what it is.
8:40:01PM But we might waive conditions that you won't like, you won't
8:40:07PM want us to waive.
8:40:08PM On the other hand, in this situation, you won't know what's
8:40:13PM going to be there, but the conditions are going to be way
8:40:15PM more stringent for what they do build.
8:40:19PM >>HARRY COHEN: Councilman Suarez?
8:40:21PM >>MIKE SUAREZ: Ms. Feeley, so essentially unlike what we
8:40:25PM usually do, which is the tail wagging the dog, this is where
8:40:29PM the dog is really wagging the tail.
8:40:32PM Meaning Euclidian zoning is what we aspire to, because it is
8:40:36PM much more straightforward and you know exactly what should
8:40:41PM or should not be there based on all the other rules and the
8:40:44PM reason why zoning is created in the first place and why it's

8:40:48PM called Euclidian to begin with.
8:40:52PM You know exactly where everything's going to be at any
8:40:55PM particular time and those rules are set and everyone has to
8:40:58PM abide by the rules set for each one of those zoning
8:41:01PM classifications.
8:41:03PM >>ABBYE FEELEY: Yes.
8:41:04PM Zoning, utilizing Euclidian zoning districts.
8:41:08PM Not site plan controlled zoning districts that evolved in
8:41:12PM order to be able to lift the regulations that were
8:41:15PM proscribed under Euclidian zoning districts.
8:41:19PM >>MIKE SUAREZ: I just wanted to make sure that's what it
8:41:21PM was.
8:41:21PM I appreciate it.
8:41:22PM >>HARRY COHEN: Anything else from Councilmembers?
8:41:24PM Okay, petitioner, if you'd like to close?
8:41:30PM >> I'm assuming the neighbors have expressed all their
8:41:33PM concerns.
8:41:34PM Did I not get the first gentlemen's name, but I assume
8:41:37PM Mr. Formica?
8:41:40PM One of his concerns was traffic.
8:41:42PM >>HARRY COHEN: Sir, could you speak into the microphone?
8:41:45PM >> The concerns was traffic, regardless whether we need the
8:41:48PM zoning as it is, the development as it is, or we change the
8:41:52PM zoning, the traffic's not going to make any difference.
8:41:54PM The number of cars coming in will probably be about 12 cars

8:41:57PM a day.
8:41:57PM Based on the size of the lot.
8:41:59PM And so, that's not going, should not be a concern.
8:42:04PM And another concern he had was drainage.
8:42:07PM Actually in the 1980s, I trained most people who work for
8:42:14PM the government how to do drainage.
8:42:16PM And all the projects I've done here in the city ended up
8:42:19PM with less drainage, less run-off from the property than
8:42:24PM predevelopment.
8:42:25PM Post development designs always retained more water and
8:42:28PM created less run-off than the predevelopment.
8:42:33PM So, and I've always been consistent that way.
8:42:37PM So that would continue to be with this particular case.
8:42:39PM There is excess water coming off the property, it comes off
8:42:43PM there now, it will be less than what there is now.
8:42:46PM I think, that's about all, unless someone else -- I'll be
8:42:51PM happy to answer any questions, any of the neighbors have.
8:42:54PM >>HARRY COHEN: Councilwoman Mulhern has a question.
8:42:57PM >>MARY MULHERN: You're saying there will probably be 12 cars
8:42:59PM in and out?
8:43:00PM >> 12 to 25, the max based on the size and developing the
8:43:04PM site about this size.
8:43:06PM >>MARY MULHERN: So the, what you would be putting there.
8:43:10PM >> I don't.
8:43:11PM I don't think we'd be putting a brewery there.

8:43:14PM That's one of the allowed uses.
8:43:15PM I don't think we'd be putting a strip joint there or you
8:43:19PM know, a nuisance place, that sort of thing.
8:43:23PM Dr. Newby is not going to like that because they're going to
8:43:26PM keep it and operate themselves.
8:43:29PM They are very substantial citizens, decent people.
8:43:31PM So whatever they do it's going to be quite nice.
8:43:34PM It's going to enhance the neighborhood.
8:43:36PM >>MARY MULHERN: It just seems -- there's a lot, you have a
8:43:39PM lot of options under CG.
8:43:43PM >> As Mrs. Montelione had mentioned, if we go for a PD, we
8:43:47PM can bend these rules.
8:43:49PM And actually increase what these people are concerned about.
8:43:53PM This way, everybody knows what we're restricted to and scant
8:43:59PM go beyond that.
8:44:02PM >>HARRY COHEN: Anything else for the petitioner?
8:44:07PM >> Move to close.
8:44:12PM >>HARRY COHEN: Would the petitioner just like to close out?
8:44:15PM >> I would just like to say
8:44:29PM -- this is our property here.
8:44:34PM And this is 40th Street.
8:44:37PM This part of the property is CG.
8:44:41PM We had a commercial building on this property, but with the
8:44:48PM taking of the road, the 40th Street, it had to be removed.
8:44:57PM We do not have enough CG property here to do anything with.

8:45:03PM The rest of it is the RS-75.
8:45:07PM So at this point, we are just asking that you will just
8:45:13PM combine these two pieces of property, which this is CG, but
8:45:18PM we can't do anything with it.
8:45:23PM And combine the two piece he is and make it all CG.
8:45:26PM So in the future, if we wanted to, we could develop the
8:45:34PM property.
8:45:34PM And this is what -- and as far as the entryway, since we
8:45:42PM cannot come in to 40th Street because of the roundabout, the
8:45:48PM city said that, not us.
8:45:50PM We would love to be able to come in from 40th Street.
8:45:54PM But we can't.
8:45:55PM So they gave us an entry off of River Hills.
8:46:00PM So that's why we are on River Hills.
8:46:05PM Thank you.
8:46:07PM >>HARRY COHEN: Thank you.
8:46:08PM Councilwoman Capin?
8:46:10PM >>YVONNE CAPIN: Move to close.
8:46:17PM >> Second.
8:46:19PM >>HARRY COHEN: Motion to close by Councilwoman Capin,
8:46:21PM seconded by Councilman Suarez.
8:46:22PM All those in favor, please indicate by saying aye.
8:46:25PM Opposed?
8:46:26PM Okay.
8:46:27PM Motion carries.

8:46:28PM Mr. Suarez, would you please take item number 7?
8:46:31PM >>MIKE SUAREZ: Thank you, chair.
8:46:32PM I move an ordinance being presented for first reading
8:46:35PM consideration.
8:46:35PM An ordinance rezoning property in the general vicinity
8:46:38PM satisfy 7921 north 40th Street in the City of Tampa, Florida
8:46:41PM and more particularly described in section 1, from zoning
8:46:44PM district classifications, RS-75 residential single-family,
8:46:52PM and CG commercial general to CG commercial general,
8:46:56PM providing an effective date.
8:47:00PM >>HARRY COHEN: Okay, we have a motion by Councilman Suarez,
8:47:03PM seconded by Councilman Reddick, all those in favor please
8:47:06PM indicate by saying aye.
8:47:07PM Opposed?
8:47:10PM >>THE CLERK: Motion carried, Miranda being absent.
8:47:14PM Second reading and adoption will be on September 6th,
8:47:16PM 9:30 a.m.
8:47:18PM >>HARRY COHEN: We are now going to entertain new business.
8:47:20PM We will move from left to right.
8:47:22PM Councilwoman Montelione?
8:47:23PM >>LISA MONTELIONE: Thank you, Mr. Chair.
8:47:25PM I have two items tonight.
8:47:27PM And the first one is at the request of Bob McDonaugh, our
8:47:32PM economic opportunity administrator.
8:47:34PM Requesting that a workshop be scheduled for -- help asked

8:47:41PM for September or October, but I'm going to suggest the
8:47:44PM workshop be held October 25th at 10:00 a.m.
8:47:50PM And this is for the official presentation and discussion of
8:47:52PM the results obtained through the agency small business
8:47:57PM survey that was conducted this year.
8:47:59PM >> Second.
8:48:00PM >>HARRY COHEN: We have a motion by Councilwoman Montelione,
8:48:02PM seconded by Councilman Suarez.
8:48:04PM All those in favor, please indicate by saying aye.
8:48:07PM Opposed?
8:48:09PM >>LISA MONTELIONE: I would also like to ask for a motion to
8:48:11PM recognize and commend Sharon fox, City of Tampa tax revenue
8:48:15PM coordinator and Jan McClain, our assistant city attorney for
8:48:20PM receiving the Florida league of cities home rule hero
8:48:22PM awards.
8:48:23PM The league presented this award in recognition of their
8:48:26PM efforts in advancing the league's legislative agenda and
8:48:29PM protecting the home rule powers of Florida cities during the
8:48:34PM 2012 legislative session.
8:48:36PM The date will be set for this commendation to be bestowed on
8:48:41PM these fine individuals once we confirm the schedule of the
8:48:44PM availability of everyone involved.
8:48:47PM >> Second.
8:48:48PM >>HARRY COHEN: We have a motion from Councilwoman
8:48:49PM Montelione, seconded by Councilman Suarez.

8:48:51PM All those in favor, please indicate by saying aye.
8:48:53PM Opposed?
8:48:57PM I would like to ask that Council make a motion to receive
8:49:01PM and file this morning's recommended budget that was given to
8:49:04PM us by the mayor.
8:49:06PM >> Receive and file.
8:49:07PM >> Second.
8:49:08PM >> Motion by Councilwoman Montelione, seconded by Councilman
8:49:11PM Suarez.
8:49:12PM All those in favor, please indicate by saying aye.
8:49:13PM Opposed?
8:49:17PM Councilwoman Mulhern?
8:49:19PM >>MARY MULHERN: None.
8:49:22PM >> Reddick?
8:49:23PM >>FRANK REDDICK: None, sir.
8:49:24PM >> Councilwoman Capin?
8:49:25PM >>YVONNE CAPIN: I'm going to make up for their non-new
8:49:28PM business.
8:49:28PM I have four items here.
8:49:29PM I'd like to ask for a time certain on September the 6th, the
8:49:38PM EB-5 agenda item and I'd like to add, and it's at 9:00 a.m.
8:49:45PM Bill Flynn, Rick Coleman and Mickey Canton.
8:49:53PM Mickey Canton is coming from out of town specifically for
8:49:57PM this EB-5 presentation.
8:50:04PM >> Is that a motion?

8:50:06PM >> Yes.
8:50:10PM >> We have a motion from Councilwoman Capin, seconded by
8:50:12PM Councilman Suarez.
8:50:13PM All those in favor, please indicate by saying aye.
8:50:15PM Opposed?
8:50:19PM Motion passes.
8:50:20PM >>YVONNE CAPIN: Thank you.
8:50:21PM I'd like to give an update on housing first.
8:50:27PM I received this invitation from Guy Keene to attend the
8:50:33PM housing first meeting, which was on July 27th.
8:50:40PM And as reported before, I had met with Commissioner Merman
8:50:48PM and she indicated whenever they met again they would invite
8:50:52PM a Councilmember.
8:50:53PM I guess they crime up with my name.
8:50:55PM And it was brought up a few days before the meeting.
8:50:59PM I did attend and review the progress of our pilot project
8:51:04PM documenting best practices and they also will be looking to
8:51:09PM work with the city later.
8:51:12PM There was a vote.
8:51:13PM I did not participate in.
8:51:16PM I abstained.
8:51:17PM And that is my report from the housing first meeting.
8:51:22PM As I said, if anyone prefers to attend, I'd be happy to pass
8:51:33PM to them.
8:51:34PM [ Laughter ]

8:51:35PM >>YVONNE CAPIN: Thank you.
8:51:36PM And then I'd like to present a commendation to the six
8:51:44PM winners of the Tampa Cuban sandwich contest.
8:51:51PM Sandwich with a D and sandwich with a G.
8:51:54PM Because they covered it all.
8:51:55PM The reason they will come to City Council, there was a
8:52:01PM traditional category, which followed the recipe that City
8:52:05PM Council historic Tampa signature sandwich.
8:52:08PM And that was first place, second place and third place
8:52:12PM winners.
8:52:12PM And I'll announce them that day.
8:52:14PM Then on nontraditional, first, second and third, and if they
8:52:19PM come the Cuban guys from Hialeah will be happy to give them
8:52:23PM their commendation.
8:52:24PM And.
8:52:27PM >> You have a date and time for that?
8:52:29PM >>YVONNE CAPIN: The 16th.
8:52:33PM >>HARRY COHEN: You know what?
8:52:34PM We already have four commendations that day.
8:52:36PM Do you think we could maybe do it on the 6th of September?
8:52:42PM >>YVONNE CAPIN: The only reason being, I could do it.
8:52:44PM I could present it to them.
8:52:45PM There is the taste of the Cuban sandwich, which is taking
8:52:49PM place, part of the show that runs the whole month of August.
8:52:51PM And it's taking place August 18th at the historic building.

8:52:56PM The only reason for this was, they mentioned about wanting
8:53:02PM to bring some of their samples wares.
8:53:07PM [ Laughter ]
8:53:09PM >> Mr. Reddick is ready to second.
8:53:11PM [ Laughter ]
8:53:16PM >>HARRY COHEN: We have a motion.
8:53:17PM It is for commendations for these six individuals at
8:53:21PM 9:00 a.m. on August 16th.
8:53:24PM Everyone should just be aware, we're going to be having a
8:53:27PM long last meeting before the convention next week.
8:53:30PM >>YVONNE CAPIN: I understand.
8:53:31PM And what I can do is, you know, name them first place,
8:53:35PM second place and that would be it.
8:53:38PM They'd understand.
8:53:39PM Not each single one will be speaking.
8:53:41PM I will guarantee that.
8:53:43PM >>HARRY COHEN: So we have a motion from Councilwoman Capin,
8:53:45PM already seconded by Councilman Reddick.
8:53:47PM All those in favor please indicate by saying aye.
8:53:50PM Okay.
8:53:51PM That passes.
8:53:52PM Cap catch and here's something that's going to be.
8:53:59PM >>YVONNE CAPIN: Here's something that's going to be
8:54:00PM happening in the fall of '13.
8:54:02PM I want to talk about it because it is a Celtic celebration

8:54:04PM that is going to be presented by the Centro Asturiano.
8:54:10PM Not many people know that the northern two regions of Spain,
8:54:13PM which is Galicia and Asturias -- Asturias is where Oviedo,
8:54:17PM Tampa's sister city lies -- are one of the five Celtic
8:54:22PM regions in the world, along with Brittany, France, Wales,
8:54:26PM Scotland and Ireland, is both two provinces in the north of
8:54:30PM Spain.
8:54:30PM Not many people relate Spain with Celtic, but that's what it
8:54:33PM is.
8:54:34PM And they will be providing, you know, cider and -- I don't
8:54:41PM know all the details.
8:54:42PM They are working with the Florida humanities because the
8:54:45PM first governor of Florida was from one of these provinces.
8:54:51PM Menendez de Aviles was from Asturias.
8:55:00PM So I just want to let you know that Tampa is participating
8:55:01PM in our 500th anniversary of Florida 500.
8:55:05PM And that's it for me.
8:55:06PM Thank you.
8:55:07PM >> We should have them bring the cider.
8:55:12PM Will make a very interesting meeting, Mr. Chair.
8:55:14PM I just have a couple of things.
8:55:17PM Myself and Councilwoman Capin were at an event earlier
8:55:21PM today, just before our hearing today.
8:55:25PM Young man by the name of nick battles is the son of one of
8:55:28PM our paramedics, gentleman by the name of Justin battles.

8:55:33PM He was injured in a training accident as a U.S. Marine in
8:55:36PM Parris island, South Carolina.
8:55:38PM He is trying to recover.
8:55:41PM It's been a slow process.
8:55:42PM It's been a difficult process.
8:55:44PM I just wanted to make everyone aware that the folks that are
8:55:48PM working in our city have these type of issues, Justin
8:55:54PM battles is still working and on the job as a paramedic and a
8:55:58PM firefighter.
8:55:59PM And my heart goes out to them and to hopefully they'll be
8:56:04PM able to raise more money with to help with medical bills.
8:56:08PM Second thing, of course, today is August 9th, which was the
8:56:10PM day that they in 1945, the U.S. exploded the second atomic
8:56:15PM bomb on Nagasaki, which effectively ended World War II.
8:56:21PM So, celebrate those men and women that are still alive who
8:56:24PM helped serve and win that war in 1945.
8:56:27PM >>HARRY COHEN: Since Councilman Suarez is a history buff, I
8:56:30PM can't help but point out August 9th is also the anniversary
8:56:34PM of the resignation of President Nixon.
8:56:36PM And with that, we are adjourned.
8:56:39PM Motion to receive and file?
8:56:40PM >> Motion to receive and file.
8:56:40PM >> Second.
8:56:41PM >> We have a motion to receive and file from Councilman
8:56:43PM Reddick, seconded by Councilman Suarez.

8:56:45PM All in favor, please indicate by saying aye.
8:56:47PM (Adjournment - 8:57 p.m.)

August 9, 2012
6:00 p.m.

This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.