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Thursday, October 11, 2012
5:30 p.m.

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5:16:30PM >>CHARLIE MIRANDA: City Council called to order.
5:36:28PM Roll call.
5:36:28PM [Roll Call]
5:36:31PM >>MIKE SUAREZ: Here.
5:36:33PM >>FRANK REDDICK: Here.
5:36:35PM >>HARRY COHEN: Here.
5:36:37PM >>CHARLIE MIRANDA: Here.
5:36:39PM >>CHARLIE MIRANDA: Okay.
5:36:40PM I have two items here, one from Councilmember Capin, due to
5:36:44PM scheduling conflict, I will not be able to attend
5:36:46PM October 11th evening session of Council.

5:36:49PM The other one is Councilmember Mary Mulhern.
5:36:51PM I regreet that I will be unable to Council regularly
5:36:55PM scheduled meeting Thursday evening, often the 11th.
5:36:58PM I need to receive and file those.
5:37:00PM At the end of the meeting.
5:37:02PM All right.
5:37:02PM This first part items 1 through 13 are nonjudicial
5:37:07PM proceedings and they're regarding the amendments and
5:37:13PM adoption of some hearings.
5:37:14PM Yes, sir?
5:37:18PM >> Good evening, Mr. Chairman, members of Council.
5:37:21PM Tony Garcia Planning Commission staff.
5:37:22PM The first three items that you have before you are plan
5:37:28PM amendments to be considered for adoption by Council this
5:37:31PM evening.
5:37:31PM The first two are part of the August 2011 cycle.
5:37:36PM They are Tampa comp plan amendment 1103, which is a text
5:37:40PM amendment to the future land use elements to facilitate
5:37:44PM implementation 689 Seminole Heights flex division.
5:37:47PM Next one 1104, text amendment to the future land use element
5:37:51PM to address the intensity and density guidelines and public,
5:37:56PM seems public land use category.
5:37:58PM Your loose item is part of the, is the only item that we had
5:38:02PM for the May 2012 cycle, which is Tampa comprehensive plan
5:38:05PM amendment 1202 -- 1201, which is a small scale amendment to

5:38:10PM the Tampa comprehensive plan future land use map for a
5:38:13PM property located in the general vicinity of 2702 West
5:38:16PM Comanche Avenue from residential 10 to residential 35.
5:38:20PM Let me go ahead --
5:38:21PM >> Mr. Chairman, did we open the public hearing?
5:38:24PM >>CHARLIE MIRANDA: No, we have not.
5:38:25PM >> So moved.
5:38:27PM >>CHARLIE MIRANDA: I catch you all sleeping, didn't I?
5:38:30PM I have a motion by Mr. Suarez, second, I'm sorry, I missed
5:38:33PM it.
5:38:34PM Mr. Reddick.
5:38:35PM All in favor of the motion to open public hearing, please
5:38:37PM indicate by saying aye.
5:38:39PM The ayes have it unanimously.
5:38:40PM >> Thank you.
5:38:41PM >>CHARLIE MIRANDA: Don't let that happen again.
5:38:42PM [ Laughter ]
5:38:44PM >> Thank you.
5:38:45PM So everything I said --
5:38:46PM >>CHARLIE MIRANDA: You have to say again.
5:38:47PM [ Laughter ]
5:38:50PM >> But backwards.
5:38:52PM >>TONY GARCIA: So I'll be presenting to you the first of the
5:38:56PM three items that will be considered by Council this morning,
5:38:59PM this evening for adoption.

5:39:00PM First is Tampa comprehensive plan text amendment for the
5:39:03PM Seminole Heights flex provision for the August 2011 cycle.
5:39:07PM The reason for the request, this was initiated by the City
5:39:11PM of Tampa and this is to recognize properties that were
5:39:14PM rezoned using the flex provision in Seminole Heights during
5:39:17PM the zoning conformance process held in 1987.
5:39:21PM This is going to be done at the implementation of the
5:39:26PM greater Seminole Heights vision plan.
5:39:27PM The proposed policy reads as follows.
5:39:33PM The city shall establish specific Seminole Heights zoning
5:39:36PM districts in conformance with the vision plan in Tampa
5:39:39PM comprehensive plan.
5:39:40PM Any property within the Seminole Heights urban village zoned
5:39:44PM and considered conforming under the flex provision,
5:39:46PM contained in chapter nine of the comprehensive plain, may be
5:39:48PM zoned to a specific Seminole Heights zoning district of
5:39:52PM similar density and intensity and maintain conforming
5:39:55PM status.
5:39:56PM The purpose of this amendment is recognize what was
5:39:58PM negotiated between the city and these property owners back
5:40:01PM in 1987 to assure them that any of the intensities and
5:40:06PM densities that were offered to them at that point in time
5:40:08PM will remain intact.
5:40:10PM As a result of the new zoning districts that will be created
5:40:13PM in the area-wide zoning for Seminole Heights that will be

5:40:15PM coming to you next month.
5:40:17PM Planning Commission staff upon reviewing all of the items
5:40:23PM considered and receiving no objections from outside
5:40:26PM reviewing agencies, recommend that the planning -- that the
5:40:30PM Tampa City Council, the Planning Commission did find TACPA
5:40:32PM 11-03 consistent with the Tampa comprehensive plan and now
5:40:36PM have forwarded this recommendation to this body for your
5:40:39PM adoption, consideration.
5:40:40PM That concludes my presentation on this item.
5:40:43PM >>CHARLIE MIRANDA: Okay.
5:40:44PM Any other presentations?
5:40:48PM >>TONY GARCIA: Yes, this is one more in this cycle.
5:40:50PM If you like, you can hear that one and make your motion for
5:40:53PM those two.
5:40:54PM >>CHARLIE MIRANDA: Just on these two then.
5:40:56PM We have one and two, the one you spoke on 1234.
5:40:59PM >> 1103 and 1104, if you'd like to hear the next
5:41:02PM presentation.
5:41:11PM >> The second plan amendments 1104 is an amendment to the
5:41:17PM public future land use classification.
5:41:20PM And the purpose of this amendment, which was initiated by
5:41:24PM the City of Tampa, was to clarify the use of this plan
5:41:27PM classification.
5:41:27PM Additional, three policies to assist in identifying this
5:41:33PM category and its development.

5:41:36PM The first policy recognizing, recognizes the existing public
5:41:41PM uses as conforming.
5:41:43PM The second policy provides a guidance of development by
5:41:48PM utilizing the future land use classifications that surround
5:41:51PM the public land use classification.
5:41:53PM And the third policy states that any development or
5:41:58PM redevelopment of any properties that are designated within
5:42:02PM the public, semipublic must be consistent and compatible
5:42:05PM with community character.
5:42:07PM Surrounding areas.
5:42:08PM The Planning Commission did provide a recommendation of
5:42:10PM consistency.
5:42:12PM There were no comments or objections from any of the state
5:42:15PM or reviewing agencies.
5:42:18PM And the recommendation is approval of this amendment and
5:42:22PM that concludes my presentation.
5:42:23PM >>CHARLIE MIRANDA: Just for the record, let me have your
5:42:25PM name.
5:42:25PM >> I'm Rose Patricia with the Planning Commission staff.
5:42:29PM >>CHARLIE MIRANDA: Thank you very much.
5:42:30PM Okay.
5:42:30PM We have items -- we haven't heard all them yet, but 1
5:42:35PM through 13 fall in these.
5:42:37PM And item number one and anyone of the public care to speak
5:42:41PM on item number one?

5:42:43PM This is a public hearing.
5:42:46PM >> Move to close.
5:42:48PM >> Second.
5:42:49PM >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, I have a
5:42:51PM second by Mr. Cohen on item number one.
5:42:53PM All in favor of the motion, please indicate by saying aye.
5:42:55PM Opposed nay.
5:42:57PM The ayes have it unanimously.
5:42:57PM We'll go from right to, from right to left on item number
5:43:05PM one first.
5:43:07PM >> Thank you, chair.
5:43:08PM I present an ordinance for first reading, for first reading,
5:43:19PM amending the Tampa comprehensive plan to facilitate the
5:43:22PM implementation of the Seminole Heights flex provision,
5:43:26PM providing for repeal of all ordinances in conflict,
5:43:32PM providing for severability, providing an effective date.
5:43:34PM >> All in favor of the motion, please indicate by saying
5:43:36PM aye.
5:43:36PM Opposed nay.
5:43:38PM The ayes have it unanimously.
5:43:38PM Item number 2, which you just spoke about.
5:43:41PM >> Motion carried with Capin and Mulhern being absent.
5:43:46PM Second reading and adoption will be on November 1st at
5:43:48PM 10:30 a.m.
5:43:50PM >>CHARLIE MIRANDA: Thank you very much.

5:43:50PM Okay.
5:43:51PM Item number 2 is also, we spoke about earlier.
5:43:56PM Is anyone in the public care to speak on item number two?
5:43:59PM Which is E 2012-47 PA 11-04.
5:44:06PM Anyone in the audience?
5:44:08PM >> Motion to close.
5:44:09PM >>CHARLIE MIRANDA: I have a motion to close by
5:44:10PM Mr. Reddick -- excuse me, by Cohen, close vote with
5:44:15PM Mr. Reddick for a second and Ms. Montelione.
5:44:18PM Mr. Reddick, will you kindly take item number two?
5:44:26PM >>FRANK REDDICK: Thank you, Mr. Chair.
5:44:27PM Move an ordinance amending the Tampa comprehensive plan to
5:44:32PM address the intensity and density guidelines in public
5:44:37PM semi-public land use category, providing for repeal of all
5:44:41PM ordinances in conflict, providing for severability,
5:44:45PM providing an effective date.
5:44:45PM >> Second.
5:44:46PM >> Have a motion by Mr. Reddick, second by Mr. Cohen.
5:44:49PM All in favor of the motion, please indicate by saying aye.
5:44:52PM Opposed nay.
5:44:53PM The ayes have it unanimously.
5:44:54PM >> Motion carried with Capin and Mulhern being absent.
5:44:56PM Second reading and adoption will be on November 1st at
5:44:59PM 10:30 a.m.
5:45:01PM >>CHARLIE MIRANDA: Okay.

5:45:01PM Thank you.
5:45:02PM Item number 3.
5:45:13PM >> Good evening, Council, Tony La Cola, Planning Commission
5:45:17PM staff.
5:45:17PM I'm here to present to you Tampa comprehensive plan
5:45:19PM amendment 1201 which is located at 2702 West Comanche
5:45:23PM Avenue.
5:45:25PM This is a small scale privately initiated plan amendment on
5:45:28PM approximately .19 acres, going from residential 10, which
5:45:32PM typically allows for single-family homes, to a residential
5:45:35PM 35, which typically permits apartments, town homes and
5:45:38PM condos.
5:45:39PM The Planning Commission found the plan amendment consistent
5:45:44PM with the Tampa comprehensive plan.
5:45:46PM The plan amendment is located in the University Planning
5:45:53PM District.
5:45:55PM It's in a unique location in that it's indicated here on the
5:45:59PM map by the star.
5:45:59PM That is very close to the central Tampa planning district as
5:46:03PM well as the Westshore Planning District.
5:46:05PM The central Tampa planning district just south of St.
5:46:08PM Joseph's Hospital.
5:46:09PM And very close to the west is Tampa International Airport.
5:46:12PM This is an aerial view of the subject site.
5:46:18PM You'll see Hillsborough Avenue to the south and Armenia

5:46:22PM avenue to the east.
5:46:23PM The subject site is located, or indicated by the yellow
5:46:26PM square.
5:46:27PM Both Hillsborough Avenue and Armenia avenue are mixed use
5:46:31PM corridors.
5:46:32PM With high intensity commercial development.
5:46:37PM The intersection is an active center.
5:46:40PM Hillsborough Avenue and Armenia avenue have several high
5:46:43PM intensity commercial developments.
5:46:45PM You have Publix to the south and Sweetbay to the east.
5:46:48PM A decade ago Hillsborough Avenue had a widening project,
5:46:56PM with that project came quite a bit of redevelopment,
5:46:59PM including restaurants, banks and retail establishments.
5:47:03PM There are also a number of bus lines along Hillsborough
5:47:04PM Avenue, Armenia Avenue and Habana Avenue.
5:47:08PM Habana is here.
5:47:09PM The west side of the property.
5:47:10PM This is an aerial view of the property, kind of a bird's eye
5:47:18PM view.
5:47:19PM You'll see the property indicated with the yellow square.
5:47:21PM Immediately adjacent to that property is paramount apartment
5:47:26PM complex.
5:47:26PM That's a residential 35 land use category.
5:47:28PM The subject property is a residential ten use land category.
5:47:33PM This is a street level view of the subject parcel 2702 West

5:47:39PM Comanche.
5:47:40PM The applicant purchased the property recently prior to his
5:47:46PM purchase, there were four nonconforming studio apartments
5:47:50PM built on the site.
5:47:51PM He was cited by code enforcement and hence that necessitated
5:47:56PM the need for a plan amendment to bring the parcel into
5:48:00PM compliance with the comprehensive plan and zoning.
5:48:02PM As you can see, there's very little visual impact from the
5:48:07PM higher intensity on that site.
5:48:09PM This is the proposed future land use map for the subject
5:48:15PM site.
5:48:18PM The residential 35 is the dark brown.
5:48:20PM The light salmon color is residential 10.
5:48:22PM And the lavender color represents community mixed use 35,
5:48:26PM which is Hillsborough Avenue.
5:48:27PM There would be a change in the maximum development potential
5:48:35PM under the proposed category, from one residential unit to
5:48:39PM six residential units.
5:48:40PM And from a floor area ratio of .35 to .6.
5:48:45PM As I said, the request does permit greater density of
5:48:48PM residential development on the parcel.
5:48:50PM There were no objections from any of the reviewing agencies.
5:48:55PM The level of service is to city standards.
5:48:57PM There would be no negative impacts on the schools or the
5:49:00PM environment.

5:49:01PM Metropolitan planning organization did note that there is a
5:49:04PM potential impact on Hillsborough Avenue as there is not
5:49:07PM additional capacity.
5:49:08PM However, Hillsborough Avenue, Armenia avenue and Habana all
5:49:13PM have transit facilities, which would allow for transit use
5:49:17PM haven't so why is the plan amendment consistent with the
5:49:23PM comprehensive plan?
5:49:24PM The goals, the objectives and policies of the comprehensive
5:49:27PM plan speak to transitional buffers.
5:49:29PM This plan amendment would create a transitional buffer
5:49:32PM between the higher intensity residential 35, that paramount
5:49:35PM apartment complex, and the lowered intensity residential 10
5:49:38PM to the east.
5:49:40PM Also, the plan amendment site is located in close proximity,
5:49:44PM or within a mixed use corridor village, which encourages
5:49:48PM higher intensity uses and more density, more development of
5:49:51PM residential and commercial, as well as its located in close
5:49:55PM proximity to neighborhood services and employment and
5:49:58PM transit.
5:49:59PM Gives residents who live there the ability to walk or bike
5:50:02PM to the services that they need.
5:50:04PM And with that, acid, the Planning Commission did find
5:50:10PM comprehensive plan amendment 1201 from residential 10 to
5:50:13PM residential 35 consistent with the comprehensive plan for
5:50:15PM the city and recommended its adoption.

5:50:18PM The applicant, is in the audience if you have any questions
5:50:22PM for him and I'm available as well.
5:50:23PM Thank you.
5:50:25PM >>CHARLIE MIRANDA: Mr. Reddick?
5:50:26PM >>FRANK REDDICK: Thank you.
5:50:27PM I just have one question, and that is, did you receive any
5:50:31PM rejections or signs from any of the residential properties
5:50:36PM or owners?
5:50:37PM >> There was ample public notice given through letters to
5:50:40PM the neighborhood.
5:50:42PM Signs were posted.
5:50:43PM We receive nod phone calls, e-mails or any type of public
5:50:47PM comment at the Planning Commission public hearing.
5:50:50PM Was no objection.
5:50:51PM >>FRANK REDDICK: Thank you.
5:50:52PM >>CHARLIE MIRANDA: Anyone -- this is a public hearing.
5:50:55PM Any other comments from the city or staff?
5:50:58PM Yes, sir?
5:51:00PM >> Hello, my name is John Silks, and I'm the owner of the
5:51:07PM property.
5:51:08PM Thank you very much, Tony and Tony for your help.
5:51:11PM They did a wonderful job to represent everything and
5:51:14PM represent me with my application.
5:51:15PM And I just hope that you guys can agree and see through
5:51:20PM that, so that I can get the plan amendment and start the

5:51:24PM rezoning process to continue on.
5:51:28PM >>CHARLIE MIRANDA: Thank you.
5:51:29PM Any questions by Councilmembers?
5:51:30PM Thank you very much.
5:51:32PM >> Thank you.
5:51:33PM >> Move to close.
5:51:34PM >>CHARLIE MIRANDA: Have a motion to close by Ms. Montelione,
5:51:36PM second by Mr. Suarez.
5:51:37PM All in favor of that motion, please indicate by saying aye.
5:51:41PM Opposed nay.
5:51:42PM The ayes have it unanimously.
5:51:43PM Mr. Cohen, would you kindly take item number three?
5:51:47PM >>HARRY COHEN: Thank you, Mr. Chair, I move an ordinance
5:51:49PM being presented for first reading consideration, an
5:51:52PM ordinance amending the Tampa comprehensive plan future land
5:51:55PM use map for the property located in the general vicinity of
5:51:58PM 2702 West Comanche Avenue, from residential 10, R-10 to
5:52:04PM residential 35, R-35, providing for repeal of all ordinances
5:52:08PM in conflict; providing for severability; providing an
5:52:11PM effective date.
5:52:12PM >> Second.
5:52:13PM >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, have a second
5:52:15PM by Mr. Suarez.
5:52:17PM Any further discussion?
5:52:17PM All in favor of the motion, please indicate by saying aye.

5:52:19PM Opposed nay.
5:52:21PM The ayes have it unanimously.
5:52:22PM Thank you all very much.
5:52:24PM >> Motion carried with Capin and Mulhern being absent.
5:52:27PM Second reading and adoption will be November 1st at
5:52:29PM 10:30 a.m.
5:52:32PM >> And I believe there is a letter from the executive
5:52:36PM director of the Planning Commission that needs to be
5:52:37PM received and filed.
5:52:39PM Motion to do that.
5:52:41PM >>CHARLIE MIRANDA: Second by Mr. Suarez on the letter.
5:52:43PM All in favor of the motion, please indicate by saying aye.
5:52:45PM The ayes have it unanimously.
5:52:45PM Thank you very much, Mr. Cohen.
5:52:47PM >> Item number four.
5:52:49PM >> Tony Garcia, Planning Commission staff.
5:52:58PM On the upcoming items that Ms. Coyle will be speaking on the
5:53:03PM land development code changes.
5:53:04PM I just wanted to state that these were brought to the
5:53:06PM Planning Commission in two different separate hearings on
5:53:09PM August 13th, 2012.
5:53:10PM And just recently this past Monday on October 8, 2012,
5:53:14PM Planning Commission staff found both text amendment batches
5:53:19PM that were presented to the Planning Commission consistent
5:53:22PM with the comprehensive plan and now forwarded to you for

5:53:24PM your adoption and consideration.
5:53:26PM Thank you.
5:53:29PM >>CATHERINE COYLE: Good evening, Council, Catherine Coyle,
5:53:32PM planning division.
5:53:33PM Items 4 through 12, although there's eight separate
5:53:40PM ordinances addressing eight separate chapters, they actually
5:53:44PM represent all the ordinances for the consolidation of the
5:53:47PM land development code.
5:53:48PM The phase one that we talked about back in the may, on the
5:53:53PM may 24th workshop.
5:53:55PM And transmitted to Planning Commission subsequently.
5:53:58PM And then Tony just, they actually voted unanimously to
5:54:02PM recommend for it.
5:54:05PM You have the document in front of you and it is color coded
5:54:10PM as well.
5:54:11PM And there were just a reminder --
5:54:15PM >> This is the document labeled Exhibit A?
5:54:18PM >> Exhibit A.
5:54:18PM That's the chapter 2.
5:54:19PM That's technically item 12 on the agenda.
5:54:22PM The other ordinances 4 through 11 actually just have the
5:54:28PM specific changes, just to refresh your memory, the item in
5:54:32PM chapters 3 were actually moving to chapter 14 because they
5:54:36PM were miscellaneous offenses for alcohol possession.
5:54:40PM The amendment to chapter 5 dealt strictly with some cleanup

5:54:44PM language in the opening statements to the definition
5:54:46PM section, so that it merged with Chapter 27 definitions,
5:54:50PM where everything was going.
5:54:51PM The chapter number 6 was chapter 13, which is, when you read
5:55:01PM through it, you can see that it is the cleanup of the
5:55:04PM authorities within chapter 13, all referring back to the
5:55:08PM natural resources coordinator based on the reorganization of
5:55:11PM city staff.
5:55:12PM Cathy Beck happens to be the natural resources coordinator
5:55:16PM for the city and she works in the planning division with me.
5:55:19PM The item number 7 was chapter 14, which is the offenses
5:55:24PM chapter --
5:55:25PM >>CHARLIE MIRANDA: Just one second.
5:55:26PM I'm not trying to stop you in any way.
5:55:29PM In fact -- since we have to vote on these individually, and
5:55:33PM I know what you've done.
5:55:36PM You worked on it, so I think I got to take them one by one.
5:55:39PM You're up to 7 now.
5:55:42PM I'm still on four.
5:55:45PM >> Okay.
5:55:46PM >>CHARLIE MIRANDA: I don't mind going fast, but I don't what
5:55:48PM to go that fast.
5:55:50PM >>CATHERINE COYLE: Okay.
5:55:50PM Well, chapter 3, the interesting thing, and I spoke with
5:55:55PM Mr. Mandell about this as wheel.

5:55:58PM I'm hoping in the future we can try and consolidate these
5:56:01PM ordinances.
5:56:01PM I can't guarantee it, but I'd like to see if we can, one
5:56:04PM ordinance that actually addresses everything.
5:56:06PM Because when you get to exhibits A, that really speaks to
5:56:09PM everything merging into 27.
5:56:11PM But this were individual notices for each chapter.
5:56:13PM So, or individual ordinances rather.
5:56:16PM So item number 4, chapter 3, specifically is reserving the
5:56:21PM chapter and moving those changes into chapter 14.
5:56:25PM So I can just end with that one and we can go to the next
5:56:30PM one afterwards.
5:56:33PM >>CHARLIE MIRANDA: All right.
5:56:34PM We're going to find a way to help you out here, or help us
5:56:37PM out.
5:56:38PM Anyway, you fished with four?
5:56:40PM >> Yes.
5:56:40PM >>CHARLIE MIRANDA: Then we'll make some corrections here on
5:56:42PM how we're going to handle this.
5:56:44PM Anyone this the audience care to speak on item number four?
5:56:47PM Councilmembers care to speak on item number four?
5:56:50PM >> Move to close.
5:56:50PM >> Second.
5:56:51PM >>CHARLIE MIRANDA: I have a motion to close by Mr. Cohen,
5:56:53PM second by Mr. Reddick.

5:56:55PM All in favor of the motion, please indicate by saying aye.
5:56:57PM Opposed nay.
5:56:59PM The ayes have it unanimously.
5:56:59PM Ms. Montelione, would you kindly take number four please?
5:57:03PM >>LISA MONTELIONE: Yes, sir.
5:57:04PM Thank you.
5:57:05PM I present an ordinance for first reading consideration, an
5:57:08PM ordinance of the City of Tampa, Florida making revisions to
5:57:10PM the City of Tampa code of ordinances, chapter 3, alcoholic
5:57:15PM beverages, amending article I, amending and readopts in
5:57:19PM chapter 14 City of Tampa code of ordinances articles II and
5:57:24PM VI.
5:57:24PM Repealing all ordinances or parts of ordinances in conflict
5:57:27PM there with, providing for severability, providing an
5:57:29PM effective date.
5:57:30PM >> Second.
5:57:31PM >>CHARLIE MIRANDA: Have a motion by Mr. Moan, second by
5:57:34PM Mr. Suarez on item number four.
5:57:36PM All in favor of the motion, please indicate by saying aye.
5:57:38PM Opposed nay.
5:57:39PM The ayes have it unanimously.
5:57:41PM >> Motion carried with Capin and Mulhern being absent.
5:57:43PM Second reading and adoption will be November 1st at
5:57:46PM 9:30 a.m.
5:57:47PM >>CHARLIE MIRANDA: What we're going to do, we're go to admit

5:57:51PM 5 through, you said 12, to speak on.
5:57:55PM And then we'll come back and close each one individually and
5:57:58PM vote.
5:57:58PM Be better for you, I believe.
5:58:01PM >>CATHERINE COYLE: Okay.
5:58:01PM Item number 5, which is the amendment to chapter 5, that is
5:58:06PM the correction to the title of the definition section.
5:58:10PM It says words defined.
5:58:12PM We changed the definitions, so it actually matched the rest
5:58:15PM of the chapters.
5:58:15PM And the update of the department name, which is now planning
5:58:20PM and development department.
5:58:21PM And then the reference in 5-120.10.3, to all other terms and
5:58:30PM phrases in Chapter 27.
5:58:31PM Item number 6 is chapter 13.
5:58:36PM Those amendments relate to the very first section relating
5:58:40PM to the change in article number 27 for reference to the
5:58:44PM overlay districts.
5:58:45PM As well as a cleanup of the authority within the chapter of
5:58:49PM who makes which decisions about development permits related
5:58:54PM to trees.
5:58:55PM And that is all being referred to the natural resources
5:58:58PM coordinator within the planning and development department.
5:59:01PM Item number 7 is chapter 14.
5:59:07PM Which is offenses.

5:59:08PM Chapter 14 is receiving the language from chapter 3, which
5:59:13PM was item number 4 on the agenda.
5:59:15PM Number 8 is chapter 17.5.
5:59:24PM You'll see the language is being stricken.
5:59:28PM Vast majority of the language is being stricken from chapter
5:59:31PM 17.5 and moving into Chapter 27.
5:59:34PM All related to upland habitats, management, wetlands,
5:59:40PM variance board.
5:59:43PM Those sections are being reserved, as well as the technical
5:59:48PM standards for the historic districts are also moving into
5:59:50PM Chapter 27 and being reserved.
5:59:52PM And then a retitle of article VI for the concurrency
5:59:55PM management procedures.
5:59:56PM And a reservation of the remaining sections.
5:59:58PM Item number 9 is chapter 20:00 which we are deleting in its
6:00:05PM entirety.
6:00:06PM It is a half chapter, so it was actually just created.
6:00:10PM So we're not going to reserve it.
6:00:12PM And everything within 20.5, which is the sign code, is
6:00:16PM moving into Chapter 27.
6:00:18PM Item number 10 is chapter 21.
6:00:24PM It is, chapter 21 is the stormwater management code.
6:00:27PM It is receiving the technical manual reference from chapter
6:00:31PM 17.5.
6:00:32PM And item number 12 is the culmination of all of the changes

6:00:38PM within Chapter 27.
6:00:40PM All of the references to the codes that it's receiving from
6:00:45PM chapters 13, 17.5, 20.5, 23, and that's it.
6:01:01PM >>CHARLIE MIRANDA: You're going to run out of fingers.
6:01:04PM >>CATHERINE COYLE: As you read the document, it is color
6:01:07PM coded.
6:01:08PM The ECC recommendations, which were the economic
6:01:11PM competitiveness committee, there were the five
6:01:14PM recommendations by that committee that remain from the may
6:01:17PM agenda.
6:01:18PM As well as the green, which is the City Council revision,
6:01:21PM which actually Ms. Mulhern motioned for and Council agreed,
6:01:25PM which was the caveat for the change out of PVC fence versus
6:01:29PM a masonry wall, where there had to be on-site preserved
6:01:33PM trees in the way.
6:01:34PM That's the only way that you can get the change-out for the
6:01:37PM PVC fence.
6:01:39PM And I'll save 13 because that's a privately initiated
6:01:44PM amendment.
6:01:45PM >>CHARLIE MIRANDA: That thank you very much.
6:01:47PM Anyone in the audience care to speak on item 5 through 12 on
6:01:51PM the explanation so clearly described to us here?
6:01:56PM >> Move to close.
6:01:57PM >> Second.
6:01:58PM >>CHARLIE MIRANDA: Yes, sir?

6:01:59PM I have a motion to close by Mr. Reddick, second by
6:02:02PM Ms. Montelione.
6:02:03PM All in favor of the motion, please indicate by saying aye.
6:02:05PM Opposed nay.
6:02:06PM The ayes have it unanimously.
6:02:07PM What we're going to do to expedite time, we'll go each
6:02:10PM Councilmember take two, Mr. Suarez, we'll start with five
6:02:14PM and then six.
6:02:15PM >>MIKE SUAREZ: Thank you, sir.
6:02:18PM I present an ordinance being presented for first reading
6:02:20PM consideration, an ordinance of the City of Tampa, Florida
6:02:22PM making revisions to City of Tampa code of ordinances,
6:02:26PM chapter 5, building code, amending section 5-102.9, words
6:02:33PM defined; amending section 5-02.10, words not defined;
6:02:43PM repealing all ordinances or parts of ordinances in conflict
6:02:43PM therewith; providing for severability; providing an
6:02:47PM effective date.
6:02:47PM >> Second.
6:02:48PM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, have a
6:02:51PM second by Mr. Reddick on item number 5.
6:02:53PM All in favor of the motion, please indicate by saying aye.
6:02:55PM Opposed nay.
6:02:55PM The ayes have it unanimously.
6:02:56PM Thank you.
6:02:57PM Item 6, Mr. Suarez.

6:02:59PM >> Motion carried with Capin and Mulhern being absent.
6:03:02PM Second reading and adoption November 1st, 9:30 a.m.
6:03:06PM >>CHARLIE MIRANDA: Thank you.
6:03:08PM >>MIKE SUAREZ: Item 6, I presents and ordinance for first
6:03:10PM reading considers, an ordinance of the City of Tampa,
6:03:13PM Florida, making comprehensive revisions to City of Tampa
6:03:16PM code of ordinances, chapter 13, landscaping, tree removal
6:03:20PM and site clearing, repealing all ordinances or parts of
6:03:24PM ordinances in conflict therewith; providing for
6:03:26PM severability; providing an effective date.
6:03:29PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, I have a
6:03:30PM second by Mr. Cohen.
6:03:35PM All in favor of that motion, please indicate by saying aye.
6:03:38PM Opposed nay.
6:03:39PM The ayes have it unanimously.
6:03:40PM >> Motion carried with Capin and Mulhern being absent.
6:03:44PM Second reading and adoption will be on November 1st at
6:03:45PM 9:30 a.m.
6:03:48PM >>CHARLIE MIRANDA: I was just telling Mr. Reddick how lucky
6:03:50PM he is, got to read the long one.
6:03:55PM >>CHARLIE MIRANDA: Okay, Mr. Cohen is going to handle items
6:03:58PM 7 and 8.
6:04:00PM I mean Mr. Reddick.
6:04:04PM >>FRANK REDDICK: I was excited.
6:04:05PM Thank you, Mr. Chair.

6:04:08PM Move an ordinance being presented for first reading
6:04:14PM consideration, an ordinance of the City of Tampa, Florida,
6:04:16PM making revision to the City of Tampa code of ordinances,
6:04:19PM chapter 14, offenses, amending article II, miscellaneous
6:04:23PM offenses, creating division 10, alcoholic beverages,
6:04:27PM creating section 14-150.1, hours of sale for consumption on
6:04:35PM and off premises; creating section 14-150.1.1, posting on
6:04:43PM premises of specific conditions relating to establishments
6:04:46PM that sell alcoholic beverages, creating section 14-150.1.2,
6:04:52PM consumption and possession of open containers on streets,
6:04:56PM sidewalks, alleys and other public properties, creating
6:04:59PM section 14-150.1.3, possession and consumption on property
6:05:05PM operated or supervised by the parks and recreation
6:05:08PM department, temporary alcoholic beverage, special use
6:05:11PM permits granted for public area, facility or property
6:05:14PM operated supervised by the parks and recreation department,
6:05:17PM creating section 14-150.1.4, consumption on premises zoned
6:05:23PM for only off-premises consumption prohibited, exception for
6:05:27PM wine tastings, creating 14-150.1.5, damaging signs
6:05:33PM prohibited; creating section 14-150.1.6, consumption of
6:05:40PM alcoholic beverages on premises within 500 feet of property
6:05:43PM zoned for off premises consumption be prohibited.
6:05:47PM ; creating section 14-150.1.7, right of entry; creating
6:05:54PM section 14-150.1.8, police reports; creating section
6:06:00PM 14-150.1.9 through 14-150.1.10, reserved; repealing all

6:06:15PM ordinances or parts of ordinances in conflict therewith;
6:06:17PM providing for severability; providing an effective date.
6:06:18PM >> Second.
6:06:22PM [ Laughter ]
6:06:24PM >> You said you wanted to hear it again?
6:06:26PM I have a motion by Mr. Reddick, second by Mr. Cohen on item
6:06:29PM number 7.
6:06:30PM All in favor of the motion, please indicate by saying aye.
6:06:32PM Opposed nay.
6:06:33PM The ayes have it unanimously.
6:06:34PM >> Motion carried with Capin and Mulhern being absent.
6:06:37PM Second reading and adoption will be on November 1st at
6:06:39PM 9:30 a.m.
6:06:41PM >>CHARLIE MIRANDA: Item number 8.
6:06:43PM >>FRANK REDDICK: Present and ordinance being presented for
6:06:44PM first reading consideration, ordinance of City of Tampa,
6:06:47PM Florida making revision to the City of Tampa code of
6:06:49PM ordinances, chapter 17.5, planning and land development,
6:06:54PM amending articles 2 through 5, amending and readopts
6:06:58PM article 6, repealing all ordinances or parts of ordinances
6:07:00PM in conflict therewith; providing for severability; providing
6:07:03PM an effective date.
6:07:04PM >> Second.
6:07:04PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
6:07:06PM Mr. Cohen.

6:07:07PM Further discussion by Councilmembers?
6:07:08PM All in favor of the motion, please indicate by saying aye.
6:07:10PM Opposed nay.
6:07:12PM The ayes have it unanimously.
6:07:13PM >> Motion carried with Capin and Mulhern being absent.
6:07:16PM Second reading and adoption will be on November 1st at
6:07:19PM 9:30 a.m.
6:07:20PM >>CHARLIE MIRANDA: Item number 9 and 10 will be handled by
6:07:22PM Mr. Cohen.
6:07:24PM >>HARRY COHEN: Thank you, Mr. Chair, I move an ordinance
6:07:26PM being presented for first reading consideration, an
6:07:27PM ordinance of the City of Tampa, Florida deleting chapter
6:07:30PM 20.5, signs, sections 20.5-1 through 20.5-25 and readopting
6:07:39PM the entire chapter 20.5 in Chapter 27; repealing all
6:07:46PM ordinances or parts of ordinances in conflict therewith;
6:07:49PM providing for severability; providing an effective date.
6:07:50PM >> Second.
6:07:51PM >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, second by
6:07:53PM Mr. Suarez.
6:07:53PM All in favor of the motion, please indicate by saying aye.
6:07:55PM Opposed nay.
6:07:57PM The ayes have it unanimously.
6:07:57PM Item number 10.
6:07:59PM >> Motion carried with Capin and Mulhern being absent.
6:08:02PM Second reading and adoption on November 1st at 9:30 a.m.

6:08:07PM >> Okay, item number 10, excuse me, I move an ordinance
6:08:11PM being presented for first reading consideration, an
6:08:13PM ordinance of the City of Tampa, Florida, making revisions to
6:08:16PM City of Tampa code of ordinances, chapter 21, stormwater
6:08:20PM management; creating section 21-116.1, stormwater technical
6:08:26PM standards manual for private development adopted; repealing
6:08:32PM all ordinances or parts of ordinances in conflict therewith;
6:08:32PM providing for severability; providing an effective date.
6:08:36PM >> Second.
6:08:37PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I have a
6:08:39PM second by Mr. Suarez.
6:08:41PM All in favor of the motion, please indicate by saying aye.
6:08:42PM Opposed nay.
6:08:44PM The ayes have it unanimously.
6:08:45PM Item number 11 and 12 will be handled by Ms. Montelione.
6:08:51PM But 11 all we need is withdrawing said public hearing.
6:08:54PM I believe that's what the item says.
6:08:56PM I apologize.
6:08:57PM You're only going to have to do one.
6:09:01PM >>LISA MONTELIONE: See, Mr. Reddick, you should've switched
6:09:03PM with me.
6:09:04PM >> I neglected to mention earlier, item number 11, we did
6:09:07PM request withdrawal.
6:09:08PM It was an amendment that wasn't needed because there are
6:09:11PM other pending amendments to come forward to amend the

6:09:14PM various sections.
6:09:14PM >> I knew you tried to trick it us, but it didn't work.
6:09:18PM >> Item 10, second reading will be November 1st at 9:30 a.m.
6:09:22PM >>CHARLIE MIRANDA: Thank you, sir.
6:09:24PM >> Motion to remove item 11.
6:09:26PM >> Second.
6:09:26PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
6:09:28PM Mr. Suarez on item 11.
6:09:29PM All in fave of the motion, please indicate by saying aye.
6:09:39PM >> It's going to be a fun night.
6:09:44PM >>CHARLIE MIRANDA: All in favor of the motion, please
6:09:45PM indicate by saying aye.
6:09:46PM Opposed nay.
6:09:48PM The ayes have it unanimously.
6:09:48PM Item number 12, Ms. Montelione.
6:09:51PM >>LISA MONTELIONE: Item number 12 is the set public hearing?
6:09:56PM >> Number 12, I'm sorry, could you -- do you have the
6:09:59PM ordinance?
6:10:01PM The first item would be a motion, please, to do the
6:10:05PM substitution for exhibit A as presented this evening.
6:10:09PM >> So moved.
6:10:11PM >> Second.
6:10:12PM >>CHARLIE MIRANDA: One second.
6:10:15PM >>LISA MONTELIONE: Don't I have to read this?
6:10:17PM >> After this one.

6:10:20PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen for the
6:10:23PM substitute of the exhibit.
6:10:24PM All, with second by Mr. Suarez.
6:10:26PM All in favor of the motion, please indicate by saying aye.
6:10:28PM Opposed nay.
6:10:29PM The ayes have it unanimously.
6:10:30PM Ms. Montelione, I apologize to you.
6:10:32PM >>LISA MONTELIONE: Okay.
6:10:33PM An ordinance of the City of Tampa -- I move an ordinance of
6:10:36PM the City of Tampa, Florida making revisions to City of Tampa
6:10:41PM code of ordinances Chapter 27, zoning, amending and
6:10:44PM readopting articles 1 through 11, amending article XII
6:10:49PM through 25, repealing all ordinances or parts of ordinances
6:10:52PM in conflict therewith.
6:10:57PM Providing for severability, providing an effective date.
6:10:59PM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
6:11:01PM Mr. Suarez on item 12.
6:11:02PM All in favor of the motion, please indicate by saying aye.
6:11:04PM Opposed nay.
6:11:05PM The ayes have it unanimously.
6:11:06PM >> Motion carried with Capin and Mulhern being absent.
6:11:09PM Second reading and adoption will be November 1st
6:11:11PM at 30:00 a.m.
6:11:12PM >>CHARLIE MIRANDA: Thank you, sir.
6:11:16PM >>CATHERINE COYLE: Before I begin 13, congratulations, since

6:11:20PM 1990, you are the first Council to approve a complete
6:11:23PM reorganization and hopefully soon to be cleanup of the code.
6:11:26PM Very, very long time coming.
6:11:27PM So congratulations.
6:11:28PM Item number 13 is a --
6:11:34PM >>LISA MONTELIONE: I'm probably more excited.
6:11:35PM >> I'm kind of a code geek.
6:11:37PM Item 13 is a privately initiated amendment there are three
6:11:41PM provisions within the Westshore overlay district that's
6:11:44PM before you.
6:11:45PM Three different sections that are being proposed to be
6:11:48PM amended.
6:11:49PM Two are cleanup items from the previous amendment that was
6:11:52PM processed by the alliance.
6:11:53PM And one is as a new request.
6:11:55PM The first is the change of the boundary description.
6:11:59PM There was a glitch between the two last versions that were
6:12:03PM routed to me, where a portion of the district was removed,
6:12:06PM basically by accident.
6:12:07PM So it's adding it back in.
6:12:10PM And the second one is how the landscape, minimum landscape
6:12:14PM area works on the property.
6:12:15PM It was written in that there was no minimum landscape
6:12:19PM requirements.
6:12:19PM But that whatever isn't paved has to be landscaped.

6:12:23PM However, that took out the provision automatically in the
6:12:26PM code for collecting the landscaped area.
6:12:31PM So that is being put back in, for the collection of the
6:12:33PM in-lieu fee.
6:12:35PM The final amendment on page four is a request from the
6:12:39PM alliance, a new request to prohibit signs on transit
6:12:42PM shelters within the district as defined in chapter 20.5.
6:12:47PM This amendment is going forward with an immediate effective
6:12:51PM date upon second reading.
6:12:53PM So it will -- the numbers will automatically change once the
6:12:57PM other changes go through.
6:13:03PM >> Good evening, Council, thank you for the consideration.
6:13:06PM We were here for the workshop about a month ago.
6:13:08PM I flow Suarez had some concerns about the financial impact
6:13:11PM to HART.
6:13:12PM And we reiterate that, this is not a retroactive ordinance
6:13:16PM and we have committed to work with them to fund additional
6:13:18PM transit shelters in Westshore.
6:13:21PM >>CHARLIE MIRANDA: Okay.
6:13:21PM She stated your name.
6:13:23PM >> Ann Kulik with the Westshore line.
6:13:26PM >>CHARLIE MIRANDA: I appreciate it.
6:13:27PM Okay, this is a public hearing.
6:13:30PM Anyone in the audience care to speak on item 13?
6:13:35PM I see no one.

6:13:36PM >> Move to close.
6:13:37PM >> Second.
6:13:37PM >> Have a motion to close by Mr. Cohen, second by
6:13:40PM Mr. Suarez.
6:13:41PM On a close votes with Mrs. Montelione.
6:13:44PM All in favor of the motion, please indicate by saying aye.
6:13:46PM The ayes have it unanimously.
6:13:46PM Ms. Montelione, item number 13.
6:13:50PM So we're even.
6:13:52PM >>LISA MONTELIONE: I knew you were going to ask.
6:13:54PM I present and ordinance for first reading and consideration,
6:13:56PM an ordinance of the City of Tampa, Florida, relating to the
6:13:58PM Westshore overlay district, making revisions to City of
6:14:01PM Tampa code of ordinances, Chapter 27, zoning, amending
6:14:05PM section 27-463, Westshore commercial overlay districts
6:14:09PM development standards; providing; providing for
6:14:15PM severability; providing an effective date.
6:14:17PM >> Second.
6:14:18PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
6:14:20PM by Mr. Suarez.
6:14:21PM Any further discussion by Councilmembers?
6:14:23PM All in favor of the motion, please indicate by saying aye.
6:14:25PM Opposed nay.
6:14:26PM The ayes have it unanimously.
6:14:27PM >> Motion carried with Capin and Mulhern being absent.

6:14:29PM Second reading and adoption will be November 1st at
6:14:32PM 9:30 a.m.
6:14:35PM >>CHARLIE MIRANDA: Before we start items 14 through 19, I'll
6:14:38PM ask the clerk if there's any changes or the city, Abbye, any
6:14:44PM changes in the agenda?
6:14:51PM >> Only what is noted on the agenda.
6:14:59PM On item 17, the request to reschedule to a future date.
6:15:05PM >>CHARLIE MIRANDA: Anybody know what future date you want?
6:15:08PM >> It was not specified.
6:15:09PM >>CHARLIE MIRANDA: Anyone in the audience here -- let me
6:15:11PM open up these hearings, and then we'll go through them.
6:15:15PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
6:15:18PM by Mr. Suarez.
6:15:18PM All in favor of the motion, please indicate by saying aye.
6:15:20PM Opposed nay.
6:15:22PM The ayes have it unanimously.
6:15:22PM Okay, anyone in the audience to speak on item number 17?
6:15:29PM And this is concerning rescheduling for a future date for a
6:15:33PM public hearing.
6:15:33PM I see no one.
6:15:38PM >>ABBYE FEELEY: Mr. Shelby, there is no date at this time.
6:15:40PM They're amending the application.
6:15:41PM It's going to require new notice.
6:15:43PM So if you'll just pull it off, that would be the best.
6:15:49PM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by

6:15:50PM Mr. Cohen on item 17 be removed.
6:15:52PM All in favor of the motion, please indicate by saying aye.
6:15:54PM Opposed nay.
6:15:55PM The ayes have it unanimously.
6:15:55PM Okay, this item, anyone who is going to speak on 14, 15, 16,
6:16:02PM 18 and 19, will have to be sworn in.
6:16:05PM So if you want to speak, think of speaking or maybe you
6:16:09PM think you're going to speak, or have any opinion that you
6:16:12PM might want to share, you got to raise your right hand, stand
6:16:15PM up and raise your right hand and be sworn in.
6:16:17PM [Oath administered by Clerk]
6:16:24PM >>CHARLIE MIRANDA: Yes, sir?
6:16:25PM >> Mr. Chairman, I ask that all written communication which
6:16:28PM has been available for public inspection to City Council's
6:16:31PM office be received and filed into the record.
6:16:34PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
6:16:36PM by Suarez.
6:16:37PM All in favor of the motion, please indicate by saying aye.
6:16:39PM Opposed nay.
6:16:40PM The ayes have it unanimously.
6:16:42PM Been received an filed.
6:16:44PM Yes, ma'am?
6:16:45PM >> Good evening, Council.
6:16:46PM Abbye Feeley, Land Development Coordination.
6:16:48PM The first item on your agenda this evening for the

6:16:50PM 6:00 agenda is a special use.
6:16:53PM The case number is V 12-313 and it's located at 3601 West
6:16:58PM Swann Avenue.
6:16:59PM This is an alcoholic beverage special request, a special use
6:17:03PM request.
6:17:06PM If I may.
6:17:09PM This is carmel cafe at the corner of Henderson and Swann.
6:17:13PM It's a new restaurant.
6:17:15PM You rezoned it to a CI zoning probably about eight months
6:17:18PM ago and they did construct.
6:17:19PM They're open now and they got a special restaurant, special
6:17:22PM use, which was an administrative approval.
6:17:25PM They met all conditions.
6:17:26PM What is before you this evening is that they wanted to
6:17:30PM expand out onto the patio area.
6:17:33PM And if they do that, the occupancy gets increased and they
6:17:38PM need seven additional parking spaces, which they didn't
6:17:41PM have.
6:17:41PM So what's before you tonight is a special restaurant request
6:17:44PM again, with the modification for the patio and a seven space
6:17:49PM parking waiver.
6:17:50PM So will be from 57 spaces to 50 spaces.
6:17:55PM When you do go to special use 2, the distance separation
6:17:59PM kicks in, so there's a 250-foot separation from residential,
6:18:04PM and they have 70.05 feet.

6:18:07PM So that waiver is also on the plan.
6:18:10PM The request is for on-premise consumption only and I will go
6:18:14PM ahead and show you some photos and an aerial of the site.
6:18:17PM As I mentioned, it is at the corner of Henderson, Himes and
6:18:24PM Swann to the south.
6:18:26PM This is from that apex of Henderson and Himes looking
6:18:37PM towards the west.
6:18:38PM This is the north elevation, new parking lot.
6:18:47PM This is the rear of the building.
6:18:51PM And then the south along Swann.
6:18:53PM Staff did not have any objection to the application and
6:19:00PM we're available for any questions.
6:19:01PM >>CHARLIE MIRANDA: Thank you very much.
6:19:02PM Petitioner here?
6:19:12PM >> Good evening.
6:19:13PM John Diamandis, D2 Law Group, 3239 Henderson Boulevard,
6:19:19PM Tampa, representing petitioner.
6:19:20PM We don't have anything to add to the record, but are
6:19:23PM available to answer any questions or respond to any concerns
6:19:28PM you may have.
6:19:28PM I think the record includes two letters of support from
6:19:32PM adjoining property owners who have stated that they are
6:19:36PM willing to enter into an agreement with us to provide for
6:19:40PM overflow or employer or valet parking should we need excess
6:19:45PM parking.

6:19:45PM I believe those letters are in the record.
6:19:49PM If not, I have copies.
6:19:57PM >>CHARLIE MIRANDA: Any question by Councilmembers at this
6:19:59PM point?
6:20:01PM >> It's a total 42 spaces.
6:20:03PM From the adjoining property owners.
6:20:05PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
6:20:07PM this item?
6:20:08PM Item number 14.
6:20:20PM >> Julie Mandell, legal department.
6:20:20PM I did want to let you know that I just got an opportunity to
6:20:25PM realize that the ordinance that was presented does not use
6:20:29PM the term special restaurant.
6:20:30PM It just uses the term restaurant, so I'm going to have --
6:20:33PM when you read the title of the ordinance, you read in an
6:20:37PM ordinance that has written in the word special restaurant.
6:20:39PM We'll correct that between first and second reading because
6:20:42PM it is a different category, and that just came to my
6:20:45PM attention a few minutes ago and I don't have an opportunity
6:20:47PM to go upstairs and fix the ordinance.
6:20:49PM Thank you.
6:20:50PM >>CHARLIE MIRANDA: Thank you very much.
6:20:51PM Yes, sir?
6:20:54PM >> Mr. Chairman, I did receive, I believe Council did
6:20:57PM receive an e-mail relating to Donald Miller, saying that he

6:21:02PM had no objections to the special use permit at this location
6:21:04PM and he will forward a copy of the TPD report between first
6:21:07PM and second reading.
6:21:08PM >>CHARLIE MIRANDA: Thank you.
6:21:09PM Anyone else?
6:21:12PM Okay.
6:21:12PM Need a motion to close.
6:21:14PM >>CHARLIE MIRANDA: I have a motion to close by
6:21:16PM Ms. Montelione -- I'm sorry.
6:21:19PM >>MIKE SUAREZ: If I could, I have a question.
6:21:22PM Quick question.
6:21:23PM Did you contact other folks around the neighborhood besides
6:21:27PM those that are immediately adjacent to your property?
6:21:31PM >> You mean for parking or just for notice?
6:21:35PM >>MIKE SUAREZ: I know for notice you have to do it anyway.
6:21:37PM >> Notice was sent.
6:21:40PM >>MIKE SUAREZ: Has anyone ever said in the neighborhood,
6:21:42PM because you've been operating a while.
6:21:45PM >> We have been open two months.
6:21:46PM As far as I know, we have received no complaints.
6:21:48PM I think everyone is happy with the restaurant and the
6:21:50PM improvement to the neighborhood.
6:21:52PM >>MIKE SUAREZ: On the patio, this is a question usually
6:21:55PM asked by Ms. Capin, is there any outdoor application of
6:21:58PM music at all?

6:22:00PM >> There's no -- there's nothing planned that I'm aware of.
6:22:03PM The patio is not climate controlled in any way, so it will
6:22:06PM probably be seasonal geared, weighted toward the cool dry
6:22:11PM months.
6:22:14PM >>MIKE SUAREZ: Mr. Shelby just noticed it was on the site
6:22:17PM plan, so I appreciate that, Mr. Shelby.
6:22:20PM Okay, I have no other questions.
6:22:21PM >>CHARLIE MIRANDA: Any other Councilmember?
6:22:24PM Okay, I believe I had a motion to close, I believe it came
6:22:28PM from Ms. Montelione.
6:22:29PM I'm not sure.
6:22:29PM And seconded by Mr. Cohen.
6:22:32PM All in favor of the motion, please indicate by saying aye.
6:22:33PM Opposed nay.
6:22:35PM The ayes have it unanimously.
6:22:36PM Mr. Suarez, would you kindly take number 14, please?
6:22:39PM >>MIKE SUAREZ: Yes, sir.
6:22:40PM I present an ordinance being presented for first reading
6:22:43PM consideration, an ordinance approving a special use permit
6:22:46PM S-2 for alcoholic beverage sales, restaurant on-premises
6:22:51PM only and making lawful the sale of beverages regardless of
6:22:54PM alcoholic content, beer, wine and liquor, on that certain
6:22:57PM lot, plot or tract of land located at 3601 West Swann
6:23:01PM Avenue, Tampa, Florida, the as more particularly described
6:23:04PM in section 2; that all ordinances or parts of ordinances in

6:23:08PM conflict are repealed; providing an effective date.
6:23:10PM And providing -- what was the language?
6:23:14PM >> That it was for a special restaurant.
6:23:16PM Maybe you can re-read that part of the line.
6:23:18PM >>MIKE SUAREZ: That it was for special use permit S-2 for
6:23:22PM alcoholic beverage sales special restaurant on premises only
6:23:25PM and making lawful the sale of beverages regardless, and with
6:23:31PM the waivers as presented by staff.
6:23:35PM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr. Cohen
6:23:37PM on item 14.
6:23:38PM All in favor of the motion, please indicate by saying aye.
6:23:39PM Opposed nay.
6:23:40PM The ayes have it unanimously.
6:23:41PM >> Motion carried with Capin and Mulhern being absent.
6:23:44PM Second reading and adoption will be November 1st at
6:23:46PM 9:30 a.m.
6:23:47PM >>CHARLIE MIRANDA: Item number 15.
6:24:18PM >>ABBYE FEELEY: Abbye Feeley.
6:24:19PM Item number 15 is Z-1222, located at 2133 through 2135 West
6:24:26PM Union Street.
6:24:27PM The request before you this evening is from PD planned
6:24:31PM development, office, business professional to PD planned
6:24:34PM development, office, business professional and warehouse.
6:24:41PM >> Good evening, members of Council.
6:24:43PM Tony Garcia, plannings commission staff.

6:24:45PM I have been sworn in.
6:24:46PM I'm just going to show you the whole vision map tonight.
6:24:51PM Also because I forgot to get the other maps.
6:24:54PM Just going to show you the big one.
6:24:55PM The site is located within the Central Planning District,
6:25:01PM which is one of your three districts that offers the
6:25:03PM greatest opportunity for employment and redevelopment.
6:25:07PM Specifically within the district, it's located in this blue
6:25:11PM area, which is one of our urban villages.
6:25:13PM Also known as West Tampa.
6:25:15PM The site is specifically, more specifically located in
6:25:18PM historic West Tampa area, just off of the northeast
6:25:21PM intersection of the historic area of Howard and Main Street.
6:25:24PM Get down a little closer to the area, here's the interstate
6:25:32PM and here is main and Howard.
6:25:34PM This red color is community commercial 35, which allows all
6:25:38PM three intensities of commercial districts, commercial
6:25:42PM intensive, mid commercial and general commercial uses.
6:25:46PM Here's the subject site.
6:25:51PM There's two land use designations on it.
6:25:55PM Consists of three parcels.
6:25:57PM Eastern most parcel still has land use designation of
6:26:00PM residential 20.
6:26:00PM And the two to the west have a land use designation of
6:26:03PM community commercial 35.

6:26:05PM This parcel, these parcels did come to you in the form of
6:26:09PM plan amendment request to change the land use from
6:26:11PM residential 22, the existing community commercial 35.
6:26:15PM This body did find that consistent and did subsequently
6:26:18PM adopt it, and as you can see, it has been changed on the
6:26:23PM future land use map reflecting as such.
6:26:27PM So this is to recognize the site presently used as office
6:26:32PM use, to allow warehouse use.
6:26:34PM As I told you before, the two western most parcels is where
6:26:37PM the structure will be for the site.
6:26:39PM And then you'll have some additional parking that will be
6:26:42PM allowed that's supporting the site, where you can have the
6:26:45PM commercial truck to the site place.
6:26:48PM Sews that consisted the two western most parring sells.
6:26:51PM The eastern most parcels, would still allow under the PD,
6:26:58PM for temporary parking, which is allowed under the
6:27:00PM residential 20 land use category.
6:27:02PM And then finally let me go ahead and show you the context of
6:27:07PM the area by an aerial.
6:27:09PM And show you the interstate here, of course Howard and Main,
6:27:14PM and the historic area and parcelization with OO homes.
6:27:20PM And the parcel that's in question over here.
6:27:22PM I think Ms. Feeley will get into the details of the
6:27:24PM buffering that currently exists on the site to protect the
6:27:28PM adjacent residential uses from the proposed request in front

6:27:33PM of you.
6:27:34PM Based on finding of facts, Planning Commission found the
6:27:36PM request consistent with the comprehensive plan.
6:27:54PM >>ABBYE FEELEY: Abbye Feeley, land development.
6:27:58PM This property was originally rezoned back in 2007 for, from
6:28:06PM RS 50 to PD for a business professional office.
6:28:10PM That office was constructed.
6:28:11PM That's what I'm going to show you tonight.
6:28:14PM But what has happened, they're looking to utilize part of
6:28:17PM the existing office building for warehouse, which was not a
6:28:20PM use on the PD that they originally did.
6:28:22PM So what's before you tonight is really to add that warehouse
6:28:25PM use to that 2007 rezoning.
6:28:28PM The other items that we did find was when it was
6:28:32PM constructed, the buffer along the north was supposed to be a
6:28:36PM wall with one foot and then usually in that foot we plant a
6:28:40PM vine every ten feet.
6:28:41PM The asphalt was actually put up to the wall, so it's missing
6:28:45PM that one foot for the planting.
6:28:47PM So there's a new waiver listed on your staff report and on
6:28:52PM the site plan that talks about waiving that one foot for the
6:28:56PM length of the wall, so that they can pay in lieu of fee for
6:29:01PM that 75 square feet.
6:29:03PM Then lastly, the ten foot, that's a ten foot wall on the
6:29:07PM north of the property that's been in existence and it wasn't

6:29:10PM caught on the 2007 rezoning as a waiver.
6:29:13PM So I had them add that waiver as well.
6:29:15PM Other than that, everything on the man is pretty much
6:29:17PM remained the same, with the exception of adding the
6:29:20PM office -- with adding the warehouse.
6:29:23PM So let me go ahead and show you, and then I'll run through,
6:29:26PM there are a couple modifications.
6:29:28PM Here is the zoning atlas sheet.
6:29:32PM Howard Avenue is to the west.
6:29:34PM Union to the south.
6:29:37PM Albany to the east.
6:29:38PM You'll see that there is commercial intensive zoning that is
6:29:45PM the major corridor along Howard.
6:29:47PM And several PDs and RM-16 that is linked in.
6:29:58PM Here's an aerial of the site.
6:29:59PM Did not have the building.
6:30:01PM The original building that was built back in the 1940s was
6:30:04PM actually in the same location, was demolished and then
6:30:07PM rebuilt in that location.
6:30:08PM Here's a photo of the site from union looking north.
6:30:15PM And I'm traveling east along union.
6:30:18PM That's the parking area.
6:30:20PM Also you'll see that 10-foot wall in the back was the wall I
6:30:24PM was just referring to.
6:30:25PM This is a eastern side of the building.

6:30:27PM Here is where some of that storage and warehousing is taking
6:30:33PM place.
6:30:33PM There's a picture of that wall.
6:30:36PM This is the eastern side of the property.
6:30:40PM Grass parking, that was a waiver that was granted under the
6:30:45PM 2007 zoning I just pulled forward on to this one.
6:30:47PM There is a school with day care immediately to the east.
6:30:50PM This is the property to the west.
6:30:55PM That fronts on Howard.
6:30:57PM And this is south on union, immediately across the street.
6:31:01PM Southwest on union.
6:31:04PM There's parking.
6:31:05PM Southeast, there is 0 single-family attached duplex style,
6:31:11PM one single-family residence detached.
6:31:15PM And this is a look down union toward Howard.
6:31:17PM So, there are just a few modifications that would be
6:31:23PM required in between first and second reading.
6:31:26PM I can briefly go over those.
6:31:27PM The first is that I need them to revise the waivers on the
6:31:30PM site plan to match the waivers as I have in my staff report.
6:31:34PM The second is that transportation would like them to clarify
6:31:40PM their notation.
6:31:42PM Warehouse requires 3 -- I'm sorry, warehouse requires .6 per
6:31:47PM employee on the largest shift.
6:31:49PM And based on their parking, they would be allowed 27

6:31:52PM employees on the largest shift.
6:31:54PM So transportation was making sure that they have that
6:31:57PM correctly on the site plan.
6:31:59PM And they also asked that the notation that says previously
6:32:02PM approved waivers be removed.
6:32:04PM So that's consistent with what I was asking for as well.
6:32:08PM Given that there are only three minor modifications, I did
6:32:11PM not do a revision sheet.
6:32:13PM I would ask those items that I just read into the record
6:32:16PM would be utilized to make those revisions in between first
6:32:18PM and second reading.
6:32:19PM Staff's analysis is on pages three and four of the site plan
6:32:22PM and we did find the request consistent.
6:32:24PM I'm available for any questions.
6:32:25PM >>CHARLIE MIRANDA: Thank you.
6:32:26PM Any questions from Councilmembers at this time?
6:32:29PM Mr. Reddick?
6:32:30PM >>FRANK REDDICK: What is the name of this school or day care
6:32:32PM that you referenced?
6:32:36PM >> Rosa Valdez.
6:32:37PM When I went by, I actually stopped in front of it and said I
6:32:43PM need to remember that.
6:32:44PM Thank you.
6:32:48PM >>CHARLIE MIRANDA: Petitioner?
6:32:51PM >> I'm Rick Caldevilla.

6:32:57PM I really have nothing to add.
6:32:59PM >>CHARLIE MIRANDA: Any questions at this time?
6:33:02PM Mr. Reddick?
6:33:03PM >>FRANK REDDICK: What would you plan to store in the
6:33:05PM warehouse?
6:33:06PM >> I own an air conditioning company.
6:33:08PM So basically supplies and guys load up in the morning,
6:33:11PM unload in the afternoon.
6:33:12PM And that's it.
6:33:16PM >>CHARLIE MIRANDA: Any other questions?
6:33:17PM Okay.
6:33:18PM Anyone in the audience care to speak on this item, item
6:33:21PM number 15 in please come forward.
6:33:23PM I see no one.
6:33:24PM >> Motion to close.
6:33:25PM >> Have a motion to close by Mr. Suarez, second by
6:33:28PM Ms. Montelione.
6:33:29PM On item number 15.
6:33:30PM All in favor of the motion, please indicate by saying aye.
6:33:32PM Opposed nay.
6:33:34PM The ayes have it unanimously.
6:33:34PM Mr. Reddick, would you kindly take item number 15, sir?
6:33:41PM >>FRANK REDDICK: Move an ordinance being presented for first
6:33:43PM reading consideration.
6:33:44PM An ordinance rezoning the property in general vicinity of

6:33:46PM 2133 through 2135 West Union Street in the City of Tampa,
6:33:52PM Florida, the and more particularly described in section 1,
6:33:54PM from zoning district classification PD, planned development,
6:33:58PM office, business, professional, to PD, planned development,
6:34:02PM office, business professional and warehouse, providing an
6:34:05PM effective date.
6:34:06PM >> Second.
6:34:07PM >>CHARLIE MIRANDA: I have a motion by -- including the
6:34:10PM revisions and between first and second reading, the changes
6:34:13PM that have to be made.
6:34:15PM Have a motion by Mr. Reddick, second by Mr. Cohen.
6:34:18PM All in favor of that motion, please indicate by saying aye.
6:34:20PM Opposed nay.
6:34:22PM The ayes have it unanimously.
6:34:22PM >> Motion carried with Capin and Mulhern being absent.
6:34:25PM Second reading and adoption will be on November 1st at
6:34:28PM 9:30 a.m.
6:34:29PM >>CHARLIE MIRANDA: Thank you very much.
6:34:29PM Thank you all for attending.
6:34:31PM Item number 16.
6:34:59PM >> Item number 16, Council -- Abbye Feeley, land
6:35:03PM development, Z-12-37, it's a Euclidian zoning request.
6:35:07PM The request is located 3410 east seventh avenue and the
6:35:11PM request is from IG industrial general to CI, commercial
6:35:15PM intensive.

6:35:16PM This is a Euclidian request, so no waivers may be requested
6:35:20PM under this application.
6:35:31PM >>TONY GARCIA: Tony Garcia, Planning Commission staff.
6:35:34PM I have been sworn in.
6:35:36PM So this particular case is also in the Central Planning
6:35:40PM District.
6:35:42PM Just a little bit further east.
6:35:46PM Then another urban village known as Ybor City.
6:35:49PM Which would be this little yellow piece over here on your
6:35:53PM map.
6:35:53PM In getting down into it, as Mrs. Feeley said, just to give
6:36:00PM you some context, it's just east -- northeast corner of the
6:36:04PM intersection of 7th avenue and 34th street.
6:36:06PM And the request is Euclidian, to go to CI from IG.
6:36:10PM The land use category is light industrial, which lost
6:36:13PM consideration of both uses.
6:36:14PM She told you what the use was going to be for, which is
6:36:18PM actually going to be a decrease in intensity potential on
6:36:21PM the site based on the land use category.
6:36:23PM Here's the context, you can see the neighborhood to the
6:36:26PM north and of course go south of 7th avenue, it really
6:36:31PM becomes much more industrial in character.
6:36:33PM Planning Commission staff based on these findings of fact
6:36:36PM found that the request consistent with the comprehensive
6:36:39PM plan.

6:36:39PM Thank you.
6:36:40PM >>CHARLIE MIRANDA: Thank you.
6:36:49PM >>ABBYE FEELEY: Let me go ahead and show you the zoning
6:36:51PM atlas.
6:36:52PM You can see, and I'll show you the picture there.
6:36:55PM A small Laundromat just to the north of the subject property
6:36:58PM shown here in green, seventh to the south, 34th to the west.
6:37:02PM That is a commercial general zoning, predominantly then
6:37:07PM everything northeast of here is a RM-16, which is
6:37:10PM residential multi-family district.
6:37:12PM IG along the 7th avenue corridor, IH, south of the CSX,
6:37:18PM which is industrial heavy, and then you have some other
6:37:22PM commercial type uses.
6:37:23PM The applicant before you this evening is wishing to
6:37:25PM establish a church in an existing strip center that's
6:37:31PM located on the property.
6:37:34PM Church is not, or place of religious assembly is not an
6:37:38PM allowable use in the industrial general district.
6:37:40PM Therefore, it would need to be zoned to CI, which would be
6:37:44PM the next zoning district, which would allow for place of
6:37:47PM religious assembly.
6:37:48PM This is a picture of the subject property.
6:37:52PM I'm going to move to the east along -- this is the property
6:38:03PM to the east.
6:38:04PM Parking area to the east.

6:38:08PM That is the northwest corner of 34th and seventh.
6:38:13PM This is a look up seventh.
6:38:15PM This is the southeast corner.
6:38:21PM And this is the southwest corner.
6:38:22PM This is the rear of the property.
6:38:26PM This is looking out towards 34th.
6:38:33PM There is some residential that abuts in the back.
6:38:41PM View of the residence.
6:38:44PM This is a look down eighth toward the east.
6:38:47PM This is from the corner of eighth and 34th looking south
6:38:54PM towards seventh.
6:38:55PM Appears that you have some nonconforming structures, with
6:39:02PM nonconforming characteristics such as parking and buffering
6:39:06PM and things like that.
6:39:07PM The applicant would be subject to a change of occupancy upon
6:39:10PM approval of the rezoning in order to occupy the space as a
6:39:14PM place of religious assembly and all permitting and codes
6:39:17PM would need to be met at that time.
6:39:18PM That being said, staff did find the request consistent and
6:39:21PM we're available for any questions.
6:39:23PM >>CHARLIE MIRANDA: Thank you very much.
6:39:23PM Okay.
6:39:29PM Petitioner?
6:39:38PM >> Good evening, Council.
6:39:39PM Pastor Hill, First John Missionary Baptist Church.

6:39:43PM Along with my wife Kimberlee Hill.
6:39:46PM We just want to let the Council know that we have actually
6:39:53PM been in this particular building for 17 years, worshiping
6:39:59PM there in that building, doing great stuff in the community.
6:40:05PM A lot of outreach going on in the community.
6:40:09PM Also want to let the Council know that we did have some
6:40:14PM issues about the parking, and I believe that those issues
6:40:19PM now have been addressed and will be swiftly taken care of.
6:40:25PM We're a long-time friend with the owner and his wife, which
6:40:33PM is here, who owned the building for so many years.
6:40:40PM And we have grown very close, and he would love for the
6:40:46PM church to continue to keep the building occupied on that
6:40:50PM corner.
6:40:54PM >>CHARLIE MIRANDA: Thank you very much.
6:40:54PM Were you sworn in?
6:41:06PM >>CHARLIE MIRANDA: All right, we're going to let the clerk
6:41:09PM swear you in.
6:41:10PM Remember, I said that earlier.
6:41:13PM [Oath administered by Clerk]
6:41:14PM >>CHARLIE MIRANDA: If you're going to speak or think you're
6:41:16PM going to speak or maybe even minutely think you're going to
6:41:20PM speak, get sworn in.
6:41:25PM [Oath administered by Clerk]
6:41:28PM >> Pastor Hill sworn in.
6:41:30PM [ Laughter ]

6:41:32PM >>CHARLIE MIRANDA: We heard you the first time.
6:41:34PM >> Thank you, Council.
6:41:35PM >>CHARLIE MIRANDA: Thank you very much, sir.
6:41:36PM Anyone in the audience care to speak on this item, item
6:41:39PM number 16?
6:41:41PM 1-6.
6:41:43PM I see no one.
6:41:44PM >> Motion to close.
6:41:45PM >> Second.
6:41:46PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by
6:41:48PM Mrs. Montelione.
6:41:49PM All in favor of the motion, please indicate by saying aye.
6:41:50PM Opposed nay.
6:41:52PM The ayes have it unanimously.
6:41:52PM Mr. Cohen, will you kindly take number 16?
6:41:58PM >>HARRY COHEN: Thank you, Mr. Chair.
6:41:59PM I move an ordinance being presented for first reading
6:42:01PM consideration, an ordinance rezoning property in the general
6:42:06PM vicinity of 3410 east 7th avenue in the City of Tampa,
6:42:09PM Florida and more particularly described in section 1, from
6:42:12PM zoning district classification IG, industrial general, to
6:42:16PM CI, commercial intensive, providing an effective date.
6:42:19PM >> Second.
6:42:20PM >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, I have a
6:42:21PM second by Mr. Suarez.

6:42:23PM Further discussion by Councilmembers?
6:42:24PM All in favor of the motion, please indicate by saying aye.
6:42:26PM Opposed nay.
6:42:28PM The ayes have it unanimously.
6:42:28PM Thank you all very much for attending.
6:42:31PM >> Motion carried with Capin and Mulhern being absent.
6:42:34PM Second reading and adoption at November 1st, 9:30 a.m.
6:42:42PM >>FRANK REDDICK: Continue the good work.
6:42:44PM >>CHARLIE MIRANDA: Thank you very much.
6:43:12PM >>CHARLIE MIRANDA: 17 -- 18.
6:43:16PM >> Item number 18, Abbye Feeley, land development.
6:43:19PM The rezoning request before you this evening is Z12-40,
6:43:23PM located at 6401 North Nebraska Avenue.
6:43:27PM And the request this evening is from PD, planned development
6:43:31PM restaurant, R and single-family residential, to SHPD or
6:43:37PM Seminole Heights planned development, restaurant with a
6:43:39PM drive-in window.
6:43:40PM This property I actually rezoned this property in 2006 to a
6:43:50PM restaurant and a single-family lot because of the property's
6:43:53PM depth.
6:43:55PM To date, part of the property has been constructed with the
6:43:59PM restaurant.
6:43:59PM It's never been occupied, the interior hasn't been
6:44:02PM completed.
6:44:03PM But the request before you this evening is to add a

6:44:05PM drive-thru window to that restaurant property.
6:44:10PM I'll go ahead and let Tony give his presentation and I'll
6:44:15PM fill you in on where we are.
6:44:20PM >>TONY GARCIA: Tony Garcia, Planning Commission staff.
6:44:23PM I have been sworn.
6:44:24PM This one will be shorter because I don't have my future land
6:44:28PM use map, so I apologize for that.
6:44:31PM But I can really work off this map, believe it or not in
6:44:34PM showing you what I need to show you, as it relates to the
6:44:36PM comprehensive plan.
6:44:38PM There's an existing structure on there for a restaurant with
6:44:40PM the drive through.
6:44:46PM It's kind of like you got the car, but you got to put the
6:44:49PM wheels on the car.
6:44:50PM Pretty much what we are talking about.
6:44:51PM This is also located in the Central Planning District, so
6:44:55PM we're three for three as far as our cases this evening.
6:44:57PM The site is located approximately here, this is located on
6:45:01PM the 6400 block of Nebraska Avenue, on the east side.
6:45:05PM It's located within again, this is three for three also, not
6:45:09PM only is it in Central Planning District, but also urban
6:45:13PM village, so this is three for three for urban villages in
6:45:16PM the Central District.
6:45:16PM This is greater Seminole Heights area.
6:45:18PM This is in the old Seminole Heights area, so you have of the

6:45:22PM neighborhood associations in the area.
6:45:24PM The request, the site does have two land use designations,
6:45:29PM community commercial 35 and community mixed use 35, both
6:45:32PM allow CG uses, which is what this particular use is
6:45:36PM classified under the reasoning code.
6:45:37PM Planning Commission staff found the proposed request
6:45:39PM consistent with the comprehensive plan.
6:45:41PM Thank you.
6:45:42PM >>CHARLIE MIRANDA: Thank you.
6:45:50PM >>ABBYE FEELEY: The petitioner is proposing to rezone the
6:45:53PM property at 6401 North Nebraska from PD to SHPD to allow a
6:45:59PM drive-in window to previously approved 2400 square foot
6:46:02PM restaurant the site which was rezoned in 2006 for the
6:46:05PM existing structure for the restaurant had an ingress on east
6:46:09PM north street and an he ingress and egress on North Nebraska
6:46:12PM Avenue.
6:46:13PM To date, the building has been constructed.
6:46:15PM However, it has not finished interior, buildout and it has
6:46:20PM not been occupied.
6:46:21PM The current mission would allow for a drive-in window.
6:46:24PM They're also asking for full access on north street.
6:46:29PM The PD setbacks are as follows.
6:46:31PM North 53.5 feet, with a minimum of 10.
6:46:35PM South, 23.1 feet, minimum of 10.
6:46:38PM East, 180.4 feet, minimum of 80.

6:46:42PM And west, 25.7 feet, minimum of 10.
6:46:45PM Maximum building height is 21 feet.
6:46:48PM Required parking is 19 and 30 have been provided.
6:46:50PM With me this evening are Mary Danielewicz-Bryson and David
6:46:55PM Riley of the natural resources section, planning and
6:46:58PM development.
6:46:59PM They do, they are finding the request inconsistent and I'll
6:47:03PM show you why we're talking about that this evening.
6:47:06PM When I did the original rezoning on this, the grand tree
6:47:09PM that's located on the property was a strong point of
6:47:12PM contention.
6:47:12PM In fact, we required, staff required that the building be a
6:47:18PM pier and lintel foundation on the east side because it was
6:47:22PM so close to the grand tree.
6:47:24PM Now they're actually asking to locate the drive-through
6:47:28PM window, which they're before you this evening on, in between
6:47:30PM that tree and the building.
6:47:33PM And there's not adequate space.
6:47:35PM Dave and Mary both have met with the applicant several times
6:47:39PM to try to work out an alternative and save the tree, as was
6:47:42PM originally the desire of the Council.
6:47:46PM And that is, they'll be making presentation to you this
6:47:49PM evening.
6:47:50PM Transportation also had a finding of inconsistency to the
6:47:55PM full access on North Street.

6:47:56PM North Street was an ingress only under the original
6:48:00PM rezoning.
6:48:00PM The current rezoning, because it's necessary for solid waste
6:48:03PM to access the site.
6:48:04PM As you may know, our code requires that commercial traffic
6:48:07PM access an arterial or collector street.
6:48:10PM North Street is a local street.
6:48:12PM Therefore, they were granting the ingress for the solid
6:48:15PM waste service of the site, but a full ingress and egress is
6:48:19PM undesirable because it would introduce commercial traffic to
6:48:22PM a local street.
6:48:23PM Lastly, were my findings.
6:48:28PM As I mentioned, we also found this inconsistent in relation
6:48:34PM to the efficient and sustainable use of land and
6:48:38PM infrastructure, with careful consideration of potential
6:48:41PM adverse impact to on-site natural elements.
6:48:44PM The on-site natural element before you this evening is the
6:48:47PM grand tree, which in 2006 was preserved and was able to be
6:48:51PM designed around in order to be maintained.
6:48:55PM I'd like to show you now pictures of the site so we can go
6:48:58PM through and put into perspective the objections that are
6:49:01PM being raised about I staff this evening in relation to the
6:49:04PM drive-in window.
6:49:05PM We did actually ask them to consider a walk-up window since
6:49:09PM interior finish has not been completed on the structure.

6:49:12PM We asked them to consider a walk-up window somewhere else on
6:49:15PM the structure.
6:49:16PM There's opportunities for that type of service, or a
6:49:21PM walk-out window, kind of like sonic, where you order and it
6:49:25PM would be brought out to you, other than putting the cars in
6:49:28PM between the building and the tree.
6:49:29PM The site is shown in green, Nebraska to the west.
6:49:37PM North Street to the south.
6:49:39PM Lambright to the north.
6:49:40PM 10th to the east.
6:49:42PM See here the tree that we're talking about is located almost
6:49:49PM dead center of the property.
6:49:51PM And the space we're talking about is in between this
6:49:54PM building and the tree.
6:49:55PM This is a view of the property from Nebraska.
6:50:02PM This is from North Street.
6:50:15PM This is the eastern elevation, where they're looking to
6:50:18PM locate the drive-in window.
6:50:20PM Here's a little bit of a zoom-in of the tree in relationship
6:50:25PM to this side of the building.
6:50:27PM This is moving east toward 10th.
6:50:34PM It's a very deep lot.
6:50:37PM This is the residential immediately adjacent to the east.
6:50:42PM Another single-family to the east.
6:50:46PM On the south side of North Street, traveling back west

6:50:50PM toward Nebraska, single-family residential.
6:50:54PM Also a vacant lot.
6:50:56PM There is a former car lot that's now being utilized as a car
6:51:04PM wash.
6:51:05PM That is out the southwest corner of North Street and
6:51:11PM Nebraska.
6:51:11PM I'm sorry, the southeast corner.
6:51:16PM This is the southwest corner.
6:51:18PM Across the street.
6:51:20PM This is south of the property.
6:51:26PM Also south of the property on the western side of Nebraska.
6:51:30PM This is the northwest corner, auto sales.
6:51:37PM There is motel use.
6:51:44PM This is immediately to the north of the property.
6:51:48PM On Nebraska.
6:51:48PM And also to the north of the property on Nebraska.
6:51:51PM I would like to ask Mr. Riley and Ms. Danielewicz-Bryson if
6:52:02PM they'd like to comment on their findings in relation to the
6:52:05PM proposed location of the drive-through and existing tree
6:52:09PM on-site.
6:52:10PM Thank you.
6:52:10PM >>CHARLIE MIRANDA: Thank you very much.
6:52:15PM >> Good evening, Council.
6:52:17PM David Riley, planning and development, natural resources,
6:52:20PM and I have been sworn.

6:52:21PM I'd like to say first off that if this was a different tree
6:52:26PM on a different site, I would applaud the applicant for his
6:52:30PM innovative design in trying to accommodate the tree.
6:52:35PM However, it is this tree and it is on this site.
6:52:39PM And I think Abbye's covered a lot of it, but I would like to
6:52:43PM take you through the process of how we got to where we are
6:52:47PM tonight.
6:52:48PM I've been affiliated with this tree for a number of years.
6:53:03PM One of the first issues that was discussed was the overall
6:53:07PM health of the tree.
6:53:08PM As it stands -- this is prior, would have been back around
6:53:15PM 2004 when I first came in contact with the tree.
6:53:17PM The tree looks a lot different now because over the years,
6:53:23PM there's been a number of stresses applied to the tree.
6:53:26PM Starting with an improper pruning that we managed to stop in
6:53:29PM time before any real damage was done.
6:53:31PM Then during the beautification of Nebraska Avenue, we had to
6:53:37PM run FDOT out from underneath the tree of course, the only
6:53:40PM tree out in that area that, where else are you going to park
6:53:44PM but under the tree.
6:53:46PM So we had to run them out through that.
6:53:49PM Through the permitting, past rezoning and permitting to the
6:53:51PM point to where we are now.
6:53:53PM We examined the tree.
6:53:55PM I think the tree, due to the fact that the site hasn't been

6:53:59PM active for a couple of years, has made a remarkable
6:54:01PM recovery.
6:54:02PM We're starting to see new shoe growth and I think the tree,
6:54:05PM because of the stresses, it takes time for a tree to
6:54:08PM overcome those stresses and I think we're just getting to
6:54:11PM that point now where the tree has overcome those stresses.
6:54:14PM And we also looked at the structure of the tree.
6:54:17PM Again, you know, the health, is the green part and the
6:54:22PM structure of the tree.
6:54:23PM We do agree that there are some structural components that
6:54:30PM cause us concern, but we rate these as an industry from a
6:54:35PM low risk of failure, a moderate risk, a high risk and
6:54:39PM extreme.
6:54:40PM And in this case, we agreed from the office that this is
6:54:46PM placed as a moderate risk of failure.
6:54:48PM Meaning that the defects in the tree can be mitigated
6:54:52PM through practices such as cabling, bracing, pruning or a
6:54:55PM host of others.
6:54:57PM So we determined that the tree is healthy and that the tree
6:55:00PM is a moderate risk of failure.
6:55:02PM So then, the next thing is the space that was afforded the
6:55:08PM tree on the original site plan -- like to put that up.
6:55:14PM This is the original site plan that was approved that Abbye
6:55:26PM referred to.
6:55:27PM And what I want to you really pay attention to is, this is

6:55:31PM the 20-foot minimum protective radius.
6:55:34PM But you can see that they gave us quite a bit more to
6:55:38PM preserve this tree.
6:55:39PM It was important to them and they have the ability to,
6:55:42PM because they have enough room for the parking.
6:55:46PM So in consideration of that, as a concession, we allowed
6:55:51PM them to bring the building to within 15 feet of the tree.
6:55:54PM Because the lost roots on that side were well made up by the
6:56:01PM additional space around the tree.
6:56:03PM That's how we came allowing that building as close as it is,
6:56:06PM with the special construction that was mentioned.
6:56:08PM The site plan that's going to be before you -- want to make
6:56:15PM sure we're going to take this the same way.
6:56:17PM As you will see, we're not only impact impacting the tree
6:56:24PM with the proposed drive through on the back of the building,
6:56:27PM we're also putting in a drive-thru lane here, here and
6:56:32PM they're showing parking up here, which we had asked them to
6:56:36PM lose, because again they're over on their parking
6:56:39PM requirements.
6:56:39PM So the tree's not just being impacted by the suspended
6:56:44PM bridge that they plan to put on the drive, for the
6:56:47PM drive-thru, it's being impacted on the other two sides by
6:56:50PM the road coming in and the parking.
6:56:52PM There's one additional unknown in this case that I want to
6:56:56PM just bring out, because I think about it, I don't have the

6:57:00PM answers.
6:57:01PM Maybe their arborist can answer it, I don't know.
6:57:05PM We all know trees are great carbon sequesterers, they purify
6:57:11PM the air.
6:57:11PM But I have to wonder if that would apply the same way with
6:57:15PM cars sitting underneath it, idling and spewing out whatever.
6:57:22PM I don't think that's what trees were intended to filter.
6:57:25PM So I think there may be an unknown factor to the eventual
6:57:28PM health of the tree.
6:57:29PM Finally, what I would like to go ahead, I think this is
6:57:35PM probably to me the biggest contention, is that there is not
6:57:41PM enough space between the base of that tree, because if you
6:57:44PM look, the door's up here.
6:57:47PM If you draw a straight line, it's going to bring you right
6:57:50PM down to the base of that tree.
6:57:51PM Not the trunk.
6:57:53PM So, here's the base of the floor inside.
6:58:01PM If you came straight across, you're right into the root
6:58:04PM flare.
6:58:04PM You're not in the trunk area, you're actually on the root
6:58:09PM flare, widens out to support itself.
6:58:11PM From the edge of their proposal, which is, I believe was a
6:58:15PM minimum of ten foot wide drive-thru lane, and I think that's
6:58:18PM somewhat unreasonable, but they said they can do it, but
6:58:21PM they're the engineers.

6:58:23PM To the tree, is going to leave us about three feet.
6:58:27PM So I know, as an arborist, that in that distance of a
6:58:34PM future, that tree is going to be touching that concrete.
6:58:37PM And at that time, we may have to allow the tree to be
6:58:40PM removed.
6:58:42PM And I think we avoided any of those situations with the
6:58:47PM original plan, because the tree had plenty of space.
6:58:49PM So I think basically it comes down to a matter of space, and
6:58:53PM I do not, as an arborist, do not believe that there's
6:58:59PM adequate space provided for future growth of the tree.
6:59:02PM Thank you.
6:59:04PM >>CHARLIE MIRANDA: Thank you very much.
6:59:04PM Any question of Councilmembers at this time?
6:59:07PM Yes, ma'am?
6:59:13PM >> Mary Danielewicz-Bryson, natural resource and planning.
6:59:16PM I have been sworn.
6:59:17PM Basically as an arborist, I concur with Mr. Riley's
6:59:22PM assertation of the impacts to the tree and what the tree
6:59:27PM will sustain, the tree will grow and that we'll be looking
6:59:31PM at that tree as a removal.
6:59:32PM I also want to address the fact that it does not meet the
6:59:35PM section of the zoning code which requires that when you
6:59:39PM develop a site, that you be sensitive to the natural
6:59:41PM features of the site.
6:59:45PM Which in this case is a grand tree.

6:59:47PM It also does not meet the intent of the comp plan to
6:59:52PM preserve our large canopy trees for the environment and the
6:59:58PM benefits that those trees present to us.
7:00:00PM And the tree is basically within the critical root bound,
7:00:09PM under the building -- the building has been designed to
7:00:11PM provide the tree with as much protection as we can give it.
7:00:16PM And construction of the proposed improvements will put the
7:00:22PM improvements within the critical root zone of that tree.
7:00:24PM We did ask the petitioner to redesign, and they were not
7:00:35PM amenable to possibly redesigning for various reasons.
7:00:39PM But, we do feel that there is adequate room to develop a
7:00:50PM drive-thru off of Nebraska.
7:00:51PM Possibly coming in off of the side street, which they
7:01:11PM already have an ingress approved on the prior rezoning,
7:01:16PM coming back through the property, avoiding the tree and
7:01:18PM coming back out on Nebraska.
7:01:19PM We also mentioned to the petitioner that Bo's Ice Cream has
7:01:32PM a loop-around drive-thru where they come in off Florida
7:01:35PM Avenue and loop around and then they come back through and
7:01:38PM exit off, onto Florida Avenue again.
7:01:41PM So, we did look some alternatives.
7:01:45PM The petitioner stated that those alternatives were not, they
7:01:51PM were not willing to do those alternatives for various
7:01:56PM reasons.
7:01:56PM And they listed what those reasons were.

7:02:00PM We do feel that this is to the detriment of the tree and
7:02:03PM would not be good and would cause the demise of the tree.
7:02:13PM >>CHARLIE MIRANDA: Any questions by Councilmembers at this
7:02:15PM time?
7:02:15PM Thank you very much.
7:02:16PM Petitioner?
7:02:39PM >> J.D. Alsabbagh, Sycamore Engineering, 5370 West
7:02:44PM Hillsborough Avenue, suite 205, Tampa Florida, 33615.
7:02:47PM And I'm already sworn.
7:02:51PM As Ms. Feeley indicated, this is PD approved in 2006 and
7:02:58PM construction started in 2007 and stopped.
7:03:01PM And the site as you see, it's existing building, a block
7:03:05PM arcade.
7:03:06PM The block arcade, plus existing tree here.
7:03:14PM And it has been building, the best of my ability since 2007,
7:03:18PM abandoned.
7:03:19PM And no activity there.
7:03:20PM So, when we -- this is of course would be Salem's Gyros and
7:03:23PM Subs.
7:03:27PM Salem's Gyros and Subs has 20 locations extended all the way
7:03:29PM to central Florida down to Bradenton, and part of the model
7:03:34PM of the drive-thru.
7:03:34PM And every location has a drive-thru.
7:03:36PM When we started the design, we met as indicated by the
7:03:40PM staff, we meet a few times.

7:03:42PM And we discussed a few options on the drive-thru.
7:03:51PM One of that, staff indicate that we can have the drive-thru
7:03:55PM here, the drive window here, in this the south side of the
7:03:59PM building.
7:04:00PM Of course if we place it here, we'll have the menu here and
7:04:03PM stacking all the way to the driveway.
7:04:07PM Highly possibly this will end up extended to the Nebraska
7:04:11PM Avenue.
7:04:12PM So people most likely will be, and this is public safety
7:04:17PM issue.
7:04:17PM So the staff indicated why you could not have only one way,
7:04:22PM this driveway here.
7:04:23PM Of course we could not, because according to the material I
7:04:26PM send you, our staff consultant show 95% of the traffic
7:04:31PM coming to the site coming from this driveway.
7:04:34PM The right in, the right out.
7:04:35PM So it's really required for us to have the drive in.
7:04:40PM If we don't have ingress here, then we'll be, the ingress
7:04:43PM from here, and this is on the contrary what the
7:04:46PM transportation staff required to have less traffic on that
7:04:51PM North Boulevard.
7:04:52PM So the right in, right out is really required here.
7:04:57PM Indicated by the staff, they suggested this area here to
7:05:00PM have the front, to have the drive-thru.
7:05:03PM As shown here -- this is arcade.

7:05:15PM This is their main entrance, which is in addition to that,
7:05:22PM we could not -- they ended up like mixed in the traffic and
7:05:26PM circulation and ended up, this is one way.
7:05:28PM The same way the ingress will end up in North Boulevard,
7:05:32PM that local street, and which is not required and desired to
7:05:35PM have the traffic on there.
7:05:37PM The staff indicated curbside pickup, drive-in suggestion.
7:05:44PM Well, if we -- first of all, this is safety, major safety
7:05:48PM item to have something like this in this location.
7:05:52PM Two, when we discussed with the neighbor about like, here a
7:05:57PM drive-in, this will be noise to the residential area which
7:06:00PM is surrounding this area.
7:06:02PM So accordingly, the best location for the drive-thru is to
7:06:06PM be in this side here.
7:06:07PM Why?
7:06:10PM If something come from here, you will go all the way and
7:06:13PM pick up the menu and come pick up his food and go from here.
7:06:17PM So 95% or more traffic going to be from here, in and out.
7:06:22PM And the stacking will be all the way inside our site.
7:06:25PM And huge long stacking and everything would be in our site.
7:06:31PM We have of course, this within our protected radius to the
7:06:37PM grand tree, to the existing grand tree.
7:06:39PM According to section 13, which is the staff mentioned, which
7:06:53PM I include, work within the protective root zone of protected
7:06:58PM and grand trees.

7:06:59PM Of course part H, number 2 says structural foundation may be
7:07:04PM allowed within the minimum protected radius of the trunk of
7:07:08PM the grand tree in special circumstances.
7:07:11PM A, special conception shall be required for work within the
7:07:15PM protective root zone.
7:07:17PM Suspended floors must be constructed and pavement of
7:07:20PM structural foundation piers must be located as to minimize
7:07:25PM damage to the root system.
7:07:27PM B, root pruning must occur around the location of structural
7:07:30PM pier and excavation.
7:07:32PM Now, that's exactly what we propose.
7:07:35PM So that's exactly what we propose.
7:07:54PM We have, we have 16-foot span.
7:08:02PM 16-foot span, which means only two precast pier will be
7:08:05PM within the root area.
7:08:07PM And of course our arborist is going to discuss the way we're
7:08:10PM going to install it.
7:08:11PM In addition, here looking into that cross-section, this is
7:08:18PM really expected the growth.
7:08:20PM The growth is going to be really all this area open, the
7:08:23PM same way we have five foot, no it the three foot, because
7:08:26PM 15-foot, we have close to five foot clearance from handrails
7:08:30PM to that surface of the tree.
7:08:31PM So, we went to example done before, the city, outside the
7:08:37PM city for similar case, and we found examples to the family

7:08:41PM dollar.
7:08:42PM Family dollar approved five years ago here.
7:08:45PM This is on Sligh avenue.
7:08:47PM This is the site plan.
7:08:49PM And this is the existing building with the tree.
7:08:57PM As a closer view here, and this is that two grand tree
7:09:01PM protected.
7:09:02PM This is the building.
7:09:03PM And there's 9.3-foot from the center of tree.
7:09:08PM 36-inch tree.
7:09:09PM So we have seven and a half.
7:09:10PM This is retaining wall.
7:09:12PM We have five feet.
7:09:13PM So it's all the area up there.
7:09:15PM This here tree is, has been years and alive.
7:09:22PM And in addition -- so anyhow, this is retaining wall.
7:09:54PM And this is the retaining wall.
7:10:00PM However, we have suspended and opened -- we have an open and
7:10:11PM not suspended.
7:10:12PM I mean, this tree still alive.
7:10:14PM In fact, I have a picture show that the trees is still, and
7:10:21PM active.
7:10:21PM So, that's -- I'm sorry.
7:10:27PM This is the tree in that family dollar, which retaining
7:10:32PM wall.

7:10:32PM Not suspended cantilever here.
7:10:39PM And still alive and well.
7:10:43PM >>CHARLIE MIRANDA: Ask what the distance is between that
7:10:45PM wall and the tree?
7:10:46PM >> It is here haven't this is the tree 56-inch.
7:10:50PM This is 9.3.
7:10:52PM 9.3 from the center of the tree.
7:10:54PM However, when you think of that radius, it would be 7.5.
7:11:00PM And they have retaining wall.
7:11:02PM However, we have cantilever and we have five foot.
7:11:05PM So we almost we have the 15-foot is open beneath the tree.
7:11:09PM So there is no -- no -- and no, as you see in the perception
7:11:18PM here, five foot clearance here in addition, three feet.
7:11:25PM So makes no mention to the growth of the tree with the
7:11:28PM future.
7:11:28PM Quickly, I'm going to bring up especially about the
7:11:34PM neighbor.
7:11:34PM We meet with the neighbor and they are in support of the
7:11:36PM project, because they knew the area has been, if few months
7:11:41PM ago, it's completely dark.
7:11:42PM This is no activity.
7:11:44PM I mean, no activity there.
7:11:47PM So, however, they have -- during the meeting and that
7:11:53PM e-mail, Susan Long -- we propose here, require us to have
7:12:00PM CMU wall around residential.

7:12:03PM They have that extended, which we have no problem to set the
7:12:07PM six foot wall.
7:12:08PM They asked if we can right in, right out, to have directed
7:12:13PM toward Nebraska Avenue, which also we don't have to do that
7:12:17PM except we believe this design is better design because if we
7:12:22PM look to that approved site plan, that approved site plan
7:12:31PM show one way.
7:12:32PM However, if you see the radius here, with the 90°, it's
7:12:36PM really, when somebody gets in, it might be least from here.
7:12:41PM So it's one way how far it can be get exception and make
7:12:45PM violation.
7:12:45PM So the third item that staff, or the neighbor requested,
7:12:49PM they asked us if we insisted the operation.
7:12:54PM The owner might not be in agreement with that.
7:12:58PM However, he is not looking to have restriction.
7:13:01PM And that's the only item I believe we are in not agreement
7:13:05PM with the neighbor on that.
7:13:07PM I'm going to let Mr. Lits discuss the tree.
7:13:11PM >> Good evening, Councilmembers, my name is Ron Lits.
7:13:15PM I live at 13949 Jacobson Drive in Odessa, Florida.
7:13:20PM Talk a little history, very nice live oak at one point.
7:13:25PM Had a bunch of indignities done to it.
7:13:28PM Had some atrocious pruning done to it.
7:13:32PM Had more compaction underneath the canopy of that tree than
7:13:37PM it should've had.

7:13:37PM Probably two of the major faults there.
7:13:39PM The tree has a bunch of fill.
7:13:44PM You can see where native grade is.
7:13:46PM Trees breathe like you and I.
7:13:48PM They need to exchange gases.
7:13:50PM The tree that's there probably has two foot of fill over the
7:13:53PM root system.
7:13:54PM There's no root flare.
7:13:55PM When you get to the bottom of a tree where it comes out,
7:13:58PM you'll see a root flare.
7:14:00PM The tree goes straight into the ground on both sides.
7:14:02PM On inspection, digging on each side of the tree, I was
7:14:06PM pretty far down.
7:14:07PM I still didn't find any flaring out from the tree.
7:14:12PM What we suggested and I suggested, I should own up, the
7:14:16PM trees at the family dollar, those are mine.
7:14:18PM They're still green, they still look really good.
7:14:21PM The grand oak that's on Davis Island next to an enormous
7:14:27PM house out there, I took care of that one too.
7:14:29PM Mr. Riley and Mary volt can both tell you, I can get it
7:14:35PM done.
7:14:35PM The suspended drive-thru is ten foot wide.
7:14:39PM Nothing is going to be touching the soil.
7:14:40PM I'm going to be there when the guy dig it is hole for the
7:14:43PM piers.

7:14:43PM Not going to have any effect.
7:14:45PM Speak about the tree grown into this one day, I'll split to
7:14:49PM you that you and I will be dust as well as that building by
7:14:54PM the time that happens.
7:14:55PM >>CHARLIE MIRANDA: I don't plan on leaving.
7:14:56PM [ Laughter ]
7:14:57PM >> I hope you don't.
7:15:06PM The health of the tree, when we start this, I gave him
7:15:10PM management plan that we're going to follow through to ensure
7:15:12PM that we not only don't impact the tree, but we're going to
7:15:15PM better its plight in life.
7:15:17PM We're going to make sure it's automatically irrigated.
7:15:19PM We're going to treat it with Majay, which is a way of
7:15:21PM spoon-feeding an organism like a tree and giving it
7:15:24PM everything it needs to overcome any impacts we're going to
7:15:27PM put upon it.
7:15:28PM That, with the hand removal of silt so we can get back down
7:15:32PM to grade, I think this tree is going to be in a much better
7:15:36PM position then than it will now.
7:15:39PM Thank you.
7:15:40PM >>CHARLIE MIRANDA: Thank you.
7:15:40PM You still have time if you care to continue.
7:15:44PM >> Well, two quick points I wanted to mention, that we show
7:15:48PM you the allowable use in that property.
7:15:50PM In the table.

7:15:51PM There is plenty of use can be with my respect, it might be
7:15:56PM convenience store, even without administrative approval.
7:16:00PM So too, I'm surprised with the staff when indicated about
7:16:04PM reservation.
7:16:04PM We have preserved the whole tree surrounding the property.
7:16:09PM All these trees we preserve around the property.
7:16:13PM And you know, completely we preserve the trees.
7:16:17PM In fact -- we don't mind if the issue stand up on this area
7:16:22PM here on those parking.
7:16:23PM I mean to extend more protection to have impervious
7:16:28PM pavement.
7:16:28PM We have no problem with that.
7:16:30PM Except we have handicap parking, close to the building.
7:16:33PM If they don't need, we can change it.
7:16:36PM We can impervious parking the whole area there.
7:16:39PM We show in the beginning we will look forward to work with
7:16:42PM you.
7:16:42PM This system is very expensive system.
7:16:44PM However, this is the most reasonable location to have.
7:16:49PM And most convenient as you see to keep all the car inside
7:16:55PM the site without overlapping to Nebraska Avenue.
7:16:58PM Thank you so much.
7:16:59PM >>CHARLIE MIRANDA: Thank you.
7:17:00PM Any question by Councilmembers?
7:17:01PM Ms. Montelione?

7:17:03PM >>LISA MONTELIONE: Thank you, Mr. Chair.
7:17:04PM The presentation in this case is one that makes me shake my
7:17:12PM head sometimes, because as I understand it correctly, the
7:17:15PM staff is suggesting that the tree come out.
7:17:17PM No?
7:17:20PM Okay.
7:17:20PM I'm sorry.
7:17:21PM That's why I'm sitting here going, okay, what are we talking
7:17:27PM about here?
7:17:30PM I like to see the preservation of the tree.
7:17:33PM It is a very expensive construction process to put in the
7:17:38PM piers and work around it and do all those things, so I think
7:17:42PM the first gentleman from our staff commended you for all of
7:17:46PM the, all the work you put into preserving that tree.
7:17:49PM I have read through the letters that were presented.
7:17:54PM We all received very, very many e-mails about their
7:17:59PM concerns.
7:17:59PM And the one that came up most often was -- well, two --
7:18:09PM having the North Street as you just mentioned, be as it was
7:18:13PM in the original plan, just for cars to enter so there will
7:18:18PM be no exiting onto North Street.
7:18:20PM And then the other was the hour of the operation.
7:18:23PM They said that you had, as you mentioned, Susan Long letter,
7:18:27PM they had asked for several things, you agreed, or that the
7:18:31PM owner agreed to a couple of them, but not to changing the

7:18:35PM hours of operation.
7:18:36PM And I can, I can sympathize and I know some of these things
7:18:42PM are, are particular to the sites where they are.
7:18:47PM But there were two other locations that are mentioned in a
7:18:51PM couple of the e-mails about the number of patrons that are,
7:18:58PM let's say less desirable.
7:19:00PM And they equate that to the hours of operation because one
7:19:04PM of them says, my daddy always says nothing good happens
7:19:08PM after midnight.
7:19:09PM I think we have heard that up here once or twice before.
7:19:12PM And I know that it's a tough business decision, but you
7:19:22PM know, it is in close proximity to a neighborhood and you
7:19:29PM know, it's difficult for them to see us just outright
7:19:34PM approve things when there are serious considerations.
7:19:38PM And we talk a lot here about alcoholic beverage permits and
7:19:41PM whether or not there's going to be loud music outside.
7:19:44PM And if you the, if you have patrons coming up to the
7:19:47PM drive-thru with really loud music playing, it's almost the
7:19:51PM same thing.
7:19:51PM Of having a restaurant that is playing outdoor music very
7:19:57PM loud.
7:20:00PM >> One quick thing.
7:20:02PM With this location does not serve any alcoholic.
7:20:06PM >>LISA MONTELIONE: No I understand that I'm just saying when
7:20:09PM we discuss other applications, the concern is noise.

7:20:11PM So, it's the same, the same concerns that the folks who
7:20:15PM wrote these e-mails and expressed concerns and objections,
7:20:19PM is about the noise.
7:20:21PM So, you know, people coming to the restaurant at 2:00 or
7:20:26PM 3:00 or 4:00 in the morning when they're trying to sleep,
7:20:29PM that is going to be very loud.
7:20:32PM >> We can have of course the wall and we can have that
7:20:35PM intense landscaping in that area.
7:20:37PM Plus, we have the best of my ability, close to 150 --
7:20:45PM probably close to 175 distance from the drive-thru to the
7:20:49PM residential.
7:20:51PM So plus there's some elevation.
7:20:54PM If you notice the site, there's from zero, about five foot
7:20:57PM difference from that street, Nebraska Avenue up there.
7:20:59PM So might help to prevent the noise.
7:21:05PM >>LISA MONTELIONE: I mean, I live in an area where there are
7:21:08PM folks who drive their cars with very loud music playing and
7:21:11PM I can hear them from two blocks away.
7:21:13PM And there are houses in this landscaping and there's
7:21:16PM trees -- I mean literally I can hear them -- I live two
7:21:20PM blocks from Linebaugh avenue and I can hear them going down
7:21:24PM Linebaugh.
7:21:27PM Not even coming down my street.
7:21:29PM >> I live across from that by the way.
7:21:31PM >>LISA MONTELIONE: Oh, do you? Join our civic association.

7:21:33PM So that's a very big concern.
7:21:41PM It's difficult for us to regulate this and the application
7:21:44PM that you're making in the PD.
7:21:48PM Just curious, the other restaurants that you have, are they
7:21:51PM 24 hour drive-thrus?
7:21:53PM >> No, it's not 24 hours.
7:21:55PM I think the up to 4:00 in some locations.
7:21:59PM That's all the locations.
7:22:00PM It depends, case-by-case.
7:22:02PM Not all the locations.
7:22:04PM And except Sunday.
7:22:09PM So, you know, it's not all the time.
7:22:14PM >>LISA MONTELIONE: I think what they were asking, I mean,
7:22:16PM somewhat reasonable, and I'm sure there's room, I'm sure
7:22:21PM there's still room to look at the difference.
7:22:26PM Most of the suggestions referenced Sunday through Wednesday
7:22:29PM closing the drive-thru at 11.
7:22:31PM And Thursday through Saturday, at 1:00.
7:22:34PM >> Well, this is what I asked.
7:22:35PM Why you choose one?
7:22:38PM Not 1:30.
7:22:39PM I discuss with them.
7:22:41PM >>LISA MONTELIONE: As I said, I'm sure there's room for
7:22:43PM negotiation anything earlier than 4, they'd be happy.
7:22:49PM >> The idea to restriction, but regardless, I'm going to

7:22:52PM work to have a time, I'm with you.
7:22:55PM If we can work something, 2:00, not 4:00, 2:00.
7:23:00PM And will be, you know, until midnight in the other days.
7:23:05PM >>LISA MONTELIONE: It might be, you know, not for us to
7:23:08PM negotiate with the time, so that wouldn't be appropriate.
7:23:13PM Maybe it's wise to meet with the neighbors again and see if
7:23:16PM you can come to some kind of happy medium.
7:23:20PM But that's all I would say, the entrance on north and the
7:23:27PM drive-thru.
7:23:28PM >>CHARLIE MIRANDA: Mr. Suarez, Mr. Cohen, in that order.
7:23:30PM >>MIKE SUAREZ: Thank you, chair.
7:23:31PM Ms. Feeley, quick question for you.
7:23:33PM And I just want -- if I could -- I apologize.
7:23:38PM This was originally zoned in 2006, correct?
7:23:43PM >> Yes.
7:23:44PM >>MIKE SUAREZ: Do you still have a copy of that site plan.
7:23:46PM >> I do.
7:23:47PM >> I liked looking at it because now it gives me a
7:23:50PM perspective on stuff here.
7:23:52PM >> Just to clarify, it was a PD for a restaurant, not
7:23:56PM convenience store, not any other uses.
7:23:58PM Just a restaurant.
7:23:58PM And there was a single-family lot --
7:24:03PM >>MIKE SUAREZ: Bring it down a little bit, Abbye.
7:24:05PM Thank you.

7:24:06PM Okay, so this is the original site plan?
7:24:13PM >> This is the zoning today.
7:24:13PM They could do a restaurant today without a drive-thru
7:24:16PM window.
7:24:18PM >>MIKE SUAREZ: But this was the original one and could still
7:24:21PM be built exactly as it is on this particular site plan?
7:24:25PM >> Yes.
7:24:26PM >>MIKE SUAREZ: The building start.
7:24:29PM >>MIKE SUAREZ: The building stopped being built in 2007?
7:24:33PM >> I believe the permits were initiated in '07, '08.
7:24:38PM I can't tell you when the work.
7:24:41PM >>MIKE SUAREZ: I understand.
7:24:41PM Sir, if I could ask you a quick question.
7:24:44PM So, were you involved in the original zoning of this
7:24:49PM particular property?
7:24:51PM >> No my client bought it about seven months ago.
7:24:56PM We are not involved at all in that.
7:24:59PM >>MIKE SUAREZ: Well, let me ask you a question, and this may
7:25:01PM be an unfair question to you the and I apologize for that.
7:25:05PM It was zoned in '06.
7:25:07PM It started to be built in '07.
7:25:09PM It continued to be built to the point where we have it built
7:25:13PM out.
7:25:13PM It's not completed on the inside.
7:25:15PM Do you know why they stopped building it?

7:25:17PM Why they decided not to?
7:25:20PM >> The best of my ability, I believe finance issue.
7:25:23PM They could not get the finance they were looking for and
7:25:26PM they stopped.
7:25:27PM I don't know the whole story, but I hear from my client.
7:25:33PM >>MIKE SUAREZ: Your clients is not here?
7:25:35PM >> Unfortunately, had family emergency.
7:25:38PM He's involved in every detail.
7:25:40PM >>MIKE SUAREZ: Because when we zone these properties, we do
7:25:44PM take it seriously.
7:25:45PM We do take what the neighborhoods say in terms of what the
7:25:48PM safety concerns are going to be.
7:25:52PM And what I have a problem with is that, if it was originally
7:25:56PM zoned in '06, there were building in '07, what, other than
7:26:02PM what has happened financially to the rest of the country,
7:26:05PM has changed to make this now something that they have to
7:26:08PM have a drive-thru?
7:26:10PM And I guess maybe that's something I'm going to wrestle with
7:26:14PM because I really don't understand why '06, which was a much
7:26:18PM better economy, that they wouldn't have put in a drive-thru
7:26:21PM to begin with and had zoned it and put it in a way that
7:26:24PM would've had some type of drive-thru.
7:26:26PM Now, this is a question you cannot answer, I know, because
7:26:29PM you mentioned that you were not involved in that.
7:26:31PM I don't expect you to answer that question.

7:26:34PM So for me, that's the main problem.
7:26:36PM Ms. Feeley is standing up, I think she wants to say
7:26:39PM something, sir, if you don't mind.
7:26:43PM >>ABBYE FEELEY: Mr. Suarez, this was one of my first
7:26:47PM rezoning cases.
7:26:48PM And it was --
7:26:50PM >>MIKE SUAREZ: And I'm sure you're very proud of it.
7:26:52PM It's a --
7:26:55PM >>ABBYE FEELEY: It's a good learning experience.
7:26:56PM But I do remember the gentlemen.
7:26:57PM And this was going to be his first restaurant.
7:26:59PM And it was going to be a neighborhood restaurant.
7:27:02PM And I don't think he ever contemplated a drive-thru window
7:27:05PM at the time because it was a neighborhood serving type
7:27:08PM restaurant.
7:27:09PM And we did put the single-family lot in the back.
7:27:11PM But I can only assume that he fell on hard times as his
7:27:16PM first venture and this is what happened.
7:27:19PM >>MIKE SUAREZ: Well, you've represented him very well, thank
7:27:21PM you very much.
7:27:22PM Thanks for the history.
7:27:23PM I appreciate that.
7:27:24PM I truly do.
7:27:24PM Because the tree we have, we have competing arborists and if
7:27:31PM this was the learning channel, we'd actually have a reality

7:27:34PM show.
7:27:35PM So, for me, you know, I'm really concerned about what, what
7:27:40PM has changed significantly on this.
7:27:42PM So, and personally, I'm not sure that the reason behind the
7:27:50PM rezoning.
7:27:51PM But unfortunately you don't have your client here.
7:27:52PM I would like to have asked him those questions because, the
7:27:56PM site plan itself has changed significantly with a
7:28:00PM drive-thru.
7:28:01PM In lots of different ways, not just in relation to the
7:28:04PM effect on the tree.
7:28:08PM So, thank you, chair, that's all I have.
7:28:11PM >>CHARLIE MIRANDA: Mr. Cohen?
7:28:13PM >>HARRY COHEN: We received a lot of e-mails, as Councilwoman
7:28:16PM Montelione said on this matter.
7:28:20PM One additional one came from the Tampa Police Department.
7:28:23PM They also asked that we only approve this drive-thru window
7:28:30PM with closing times of 11:00 p.m. Sunday through Wednesday,
7:28:34PM and 1:00 a.m. Thursday through Saturday, which was
7:28:37PM consistent with what a lot of neighbors asked for.
7:28:40PM You asked the question earlier why 1:00 a.m.
7:28:43PM My sense from what I've read is because people want to
7:28:47PM sleep.
7:28:48PM And they are concerned that -- truth is, I think 1:00 a.m.
7:28:53PM is actually fairly generous if you're concerned about the

7:28:57PM noise level that's going to be generated in the
7:28:59PM neighborhood.
7:28:59PM So, I want to just be very, very clear, you are not willing
7:29:05PM to contemplate those hours, correct?
7:29:08PM >> Well, I am ready, since you brought up -- excellent
7:29:14PM evidence when the law enforcement came up with that, that
7:29:16PM might be they have solid reason behind that.
7:29:19PM Well, based on that we'd be more than happy to work with
7:29:22PM that.
7:29:23PM We agree on that I mean, they have reason.
7:29:27PM When I am a person, I speak on something else, law
7:29:31PM enforcement, I'm a citizen, so would be more than happy to
7:29:34PM work on that.
7:29:36PM >>CHARLIE MIRANDA: Let me ask you a question.
7:29:37PM >> Yes, sir.
7:29:38PM >>CHARLIE MIRANDA: The owner is not here.
7:29:39PM But earlier you said you couldn't compromise the hours and
7:29:42PM now you're saying you can handle that.
7:29:45PM >> Well, I could not because I did not see anything behind
7:29:48PM it.
7:29:49PM That came up, I'm his agent.
7:29:51PM I speak on his behalf.
7:29:53PM I have the authorization.
7:29:53PM And when I see -- because I asked him the same question.
7:29:58PM They didn't answer me.

7:29:59PM Now when I hear that law enforcement, they indicated that,
7:30:02PM there's reason behind the law enforcement, which is, I mean,
7:30:06PM he's presenting the law, which I'm behind that.
7:30:08PM So that's what I'm saying we agree if this is the reason for
7:30:15PM these hours.
7:30:21PM >>CHARLIE MIRANDA: Mr. Reddick?
7:30:23PM >>FRANK REDDICK: Thank you, Mr. Chair.
7:30:24PM I don't know if you have you have witnessed a crowd at one
7:30:32PM of the gyro's restaurant with a drive-thru window after
7:30:37PM 1:00 in the morning.
7:30:38PM I don't know you personally witnessed.
7:30:41PM >> Me?
7:30:42PM No.
7:30:44PM >>FRANK REDDICK: All right.
7:30:44PM Well, if there's one in the area where I live, and when the
7:30:49PM clubs close, at 2:00 or 3:00 in the morning, they all line
7:30:53PM up at this facility through the drive-in.
7:30:57PM And there's no crowd -- there's no way you can control
7:31:04PM individuals who are out there playing loud music with the
7:31:08PM car stereos booming.
7:31:10PM And in my younger days, I even happened to come by there one
7:31:16PM night and see all that.
7:31:17PM And so I have witnessed this, plus there have been quite a
7:31:23PM few incidents to take place when you have that large crowd
7:31:28PM late morning.

7:31:30PM So, I agree with what I've been hearing -- you can't control
7:31:35PM that noise and it is a probe with law enforcement and I see
7:31:40PM why they're suggesting 1:00, for a drive-in.
7:31:44PM Here's what I'm confused about.
7:31:46PM With the tree.
7:31:46PM It seemed like staff was trying to work out some compromise
7:31:52PM with you.
7:31:53PM And based on the presentation I heard, seemed like they were
7:31:58PM trying to work out a compromise, pertaining to the tree
7:32:01PM issue.
7:32:02PM And it seemed like you or your client have rejected
7:32:10PM everything that staff has brought before you and not willing
7:32:14PM to compromise.
7:32:15PM Even the two individuals that I heard, latter person, the
7:32:20PM gentlemen that stood up and the lady that came after him,
7:32:23PM saying they were trying to work out some agreement or
7:32:26PM compromise and still there was objection, seemed to be from
7:32:31PM your part.
7:32:31PM Why are you having such a difficult time reaching a
7:32:36PM compromise?
7:32:38PM And I think -- but why are you having such a difficult time
7:32:44PM reaching a compromise with staff and just totally just
7:32:49PM saying you got to have it my way or no way?
7:32:55PM Because that's the impression I'm getting from you, because
7:32:57PM you're trying give us all the examples about other places at

7:33:01PM other locations, but we're not speaking about these other
7:33:04PM locations.
7:33:05PM We're speaking about this one particular site.
7:33:07PM Seems like staff has been working with you to work out a
7:33:10PM compromise, but you seem to be ignoring it.
7:33:13PM So I just want to know why you're not willing to accept
7:33:16PM compromise the staff recommended.
7:33:21PM >> Councilmember, we came before we submit the application
7:33:24PM and we work with the staff.
7:33:25PM And we work slowly.
7:33:27PM The things which I brought to attention, for instance, they
7:33:30PM suggested us to put a drive-in window here.
7:33:34PM So in this case, the Detroit would be here all the way.
7:33:37PM And highly possible when the car come, they can stack up
7:33:40PM here on the line.
7:33:42PM And they back up the street.
7:33:43PM This is one of the things they suggest.
7:33:45PM They said well, okay, if the car here, make it one way this
7:33:48PM driveway.
7:33:50PM Okay in this case one way driveway would coming through on
7:33:53PM North Boulevard.
7:33:53PM North Street.
7:33:54PM The traffic.
7:33:55PM Which in the contrary transportation wanted to minimize.
7:34:00PM So we really work closely with them.

7:34:03PM But I mean, but idea here to making this as one way could
7:34:08PM not work.
7:34:09PM I mean could not work for everybody.
7:34:12PM >>CHARLIE MIRANDA: Let me have legal make a statement.
7:34:14PM And before we do that, I haven't heard anyone of the
7:34:16PM arborist tell me what's the life expectancy of that tree?
7:34:21PM As it is now.
7:34:22PM >> The way it sits right now.
7:34:24PM Without any other impacts to it?
7:34:27PM >>CHARLIE MIRANDA: Right.
7:34:29PM >> Nobody parks under it, maybe another 30, 40, 50 years.
7:34:32PM Maybe 100.
7:34:33PM The structure in the tree is very bad.
7:34:36PM There's a cross, you can see one of Mary's pictures.
7:34:43PM Huge pocket on one side.
7:34:45PM >>CHARLIE MIRANDA: You're right, the tree is going to
7:34:46PM outlive me.
7:34:47PM Next?
7:34:48PM [ Laughter ]
7:34:50PM Listen.
7:34:50PM All us are going.
7:34:53PM >> The life expectancy of a live oak can range 150 to 200
7:34:59PM years.
7:35:00PM I consider this tree to be relatively young, about a
7:35:03PM hundred.

7:35:05PM >>CHARLIE MIRANDA: The legal staff wants to make a
7:35:06PM recommendation that we talk about here.
7:35:11PM >>ABBYE FEELEY: I just wanted -- thought it was important to
7:35:15PM note that a lot of the items that have been discussed up
7:35:17PM here by this applicant and commitments that they're making,
7:35:20PM I understand is not specified on the site plan.
7:35:22PM That would then obligate, under your code, a four week
7:35:26PM continuance to get those commitments on the site plan,
7:35:33PM properly reviewed by staff, so that way it would be, can
7:35:38PM come forward in a package that is complete.
7:35:40PM We make sure we get all the commitments.
7:35:42PM Other thing is, I believe there are folks here in the
7:35:45PM audience who also would like to speak.
7:35:48PM >>CHARLIE MIRANDA: Do you understand what she's saying?
7:35:50PM We finished with the testimony.
7:35:53PM We'll.
7:35:58PM >> I have an apology to make.
7:36:00PM I was, had reviewed this because I receive my briefings
7:36:05PM before zoning hearings.
7:36:06PM But I was distracted when the arborist, our arborists were
7:36:11PM speaking because I was trying to arrange the letters of
7:36:14PM opposition that I saw in the packet, because it looks like
7:36:19PM we have 26 to 30 letters here, but really what we have is
7:36:25PM several duplicates of each e-mail and each letter.
7:36:29PM So, I was trying to match up the e-mails to see how many we

7:36:34PM actually had and how many were printed duplicate.
7:36:37PM Because all our aides seem to be very conscientious in
7:36:41PM printing them and putting them in the box.
7:36:44PM So I want to apologize for that.
7:36:46PM >>CHARLIE MIRANDA: Anyone from the audience care to speak on
7:36:48PM this item?
7:36:50PM This is the item number 18.
7:36:52PM Anyone in the audience care to speak on item 18 who has not
7:36:56PM spoken?
7:36:56PM Please come forward.
7:37:04PM >>CHARLIE MIRANDA: Have you been sworn?
7:37:06PM >> No.
7:37:07PM >>CHARLIE MIRANDA: Okay.
7:37:08PM Anyone else who is going to speak has to be sworn.
7:37:10PM All of you.
7:37:11PM [Oath administered by Clerk]
7:37:20PM >>CHARLIE MIRANDA: Yes, ma'am?
7:37:21PM >> Hi there.
7:37:22PM My name is Mary Kay Aling, 916 east North Street.
7:37:29PM And I'm the neighborhood watch coordinator for the area
7:37:31PM that's going to be affected by this restaurant.
7:37:33PM I live 100 feet behind this restaurant.
7:37:35PM First off, what I'd like to give you is 110 signed petitions
7:37:43PM from neighbors stating that they would like certain
7:37:46PM restrictions placed upon this restaurant if we're going to

7:37:49PM go ahead with the drive-thru.
7:37:51PM Basically what it says is that we need a 6-foot masonry wall
7:37:57PM from the southeast corner of the parking lot to the driveway
7:38:00PM on North Street.
7:38:01PM To help muffle some of the noise the loud cars sitting in
7:38:04PM the drive-thru.
7:38:05PM The music being played.
7:38:06PM The loud talking from the speakers.
7:38:08PM And just general muffling of the noise.
7:38:12PM We would also like to have a raised curb at the North Street
7:38:16PM curb cut.
7:38:16PM To direct traffic back to Nebraska Avenue and keep it out of
7:38:20PM our neighborhood.
7:38:22PM We're a small neighborhood.
7:38:23PM We have no sidewalks.
7:38:24PM We have kids that play in the yards.
7:38:26PM We walk our dogs.
7:38:27PM We ride our bikes.
7:38:29PM We visit with other neighbors.
7:38:30PM And we have to walk in the street to do that because we
7:38:34PM don't have any sidewalks and we feel the increased traffic
7:38:36PM would be really detrimental to our quality of life.
7:38:39PM Now when we met with the representatives from Salem's on
7:38:45PM September 4th, he agreed to those two conditions.
7:38:48PM Last one he didn't agree to, and that's the hours.

7:38:51PM We had originally proposed that he close at 10:00 p.m.
7:38:54PM Sunday through Thursday.
7:38:56PM And, or 12:00 p.m. Friday and Saturday.
7:39:00PM He wouldn't go for that.
7:39:01PM So we have come up with compromise.
7:39:03PM We would like him to close at 11:00 p.m. Sunday through
7:39:08PM Wednesday and 1:00 p.m. on Thursday, Friday and Saturday.
7:39:11PM We feel that those hours are conducive to the traffic that's
7:39:16PM in the neighborhood.
7:39:17PM It's a little later than what we would like, but we feel
7:39:21PM it's a suitable compromise.
7:39:23PM Most, as you said, you have been by the restaurant early in
7:39:27PM the morning.
7:39:28PM I have too.
7:39:29PM My job requires me to be out very early in the morning.
7:39:32PM The one on Hillsborough and 40th avenue, I tell you what,
7:39:35PM going by that one at 3:00 in the morning, it's a scary
7:39:39PM thing.
7:39:39PM It really.
7:39:40PM You got people sitting in adjoining parking lots, sitting on
7:39:45PM their cars, congregating, listening to loud music.
7:39:48PM And it's not conducive to any kind of quality of life.
7:39:51PM And that's the kind of thing we're trying to avoid.
7:39:54PM Just a little bit of history, crime stats.
7:39:59PM The other Nebraska location at 1611 north Nebraska, in the

7:40:03PM last year, they've had 42 criminal call-outs.
7:40:08PM 79% of those call-outs were after midnight.
7:40:12PM We don't want that kind of thing in our neighborhood.
7:40:14PM We don't want the loud music.
7:40:16PM We don't want the shootings.
7:40:17PM We don't want the fights.
7:40:18PM We don't want the violence, the robbery.
7:40:21PM And last November 5th, there was a murder at that location,
7:40:24PM of a young man at 3:46 in the morning.
7:40:27PM We just ask that you listen to us please, and put yourselves
7:40:34PM in our position.
7:40:35PM How would you feel if you had a restaurant like this open
7:40:39PM five feet, ten feet from your bedroom window, till 4:00 in
7:40:44PM the morning when you're trying to sleep at night.
7:40:46PM That's not what we want.
7:40:47PM So we certainly hope you give us what we're asking for.
7:40:50PM We feel that it's reasonable.
7:40:52PM And that's what I have to say.
7:40:55PM Thank you for your time.
7:40:57PM And would you like my petition?
7:40:59PM >>CHARLIE MIRANDA: Please.
7:41:00PM >> We spent a lot time getting these.
7:41:03PM >>CHARLIE MIRANDA: Thank you very much.
7:41:03PM Next, anyone else care to speak?
7:41:05PM Please come forward.

7:41:12PM >> Good evening, my name is Jeff fuller.
7:41:14PM I live at 911 east North Street.
7:41:17PM My house is diagonally across from the proposed Salem's
7:41:21PM drive-thru.
7:41:21PM As one of the homeowners who lives closest to the proposed
7:41:25PM drive-thru, I am strongly opposed to the zoning change that
7:41:28PM Salem's is seeking, which would allow Salem's to operate a
7:41:34PM drive-thru until 4:00 a.m.
7:41:35PM According to same element's site plan, the back portion of
7:41:38PM their property will be devoted to a long looping drive-thru.
7:41:42PM I see the potential for that long drive-thru to be stacked
7:41:44PM with cars, waiting to order and pick up food between
7:41:47PM 3:00 and 4:00 a.m., after the bars close.
7:41:51PM Some of those cars will have loud exhaust and very loud
7:41:54PM sound systems.
7:41:55PM My home has large windows in the living room and bedrooms.
7:42:00PM Those rooms will have maximum exposure to the site and more
7:42:04PM importantly, to me, the sounds coming from cars as they idle
7:42:08PM in line at the drive-thru.
7:42:09PM I ask City Council members to put yourself in my position.
7:42:14PM How would you feel about a fast food drive-thru operating
7:42:17PM until 4:00 a.m. diagonally from your bedroom window at a
7:42:22PM distance of about 150 feet?
7:42:25PM I request that City Council restrict the property at 6401
7:42:30PM North Nebraska Avenue to a closing time that is more

7:42:33PM considerate and more respectful of our residential
7:42:36PM neighborhood.
7:42:38PM For example, our local Publix closes at 10:00 p.m.
7:42:41PM Thank you.
7:42:43PM >>CHARLIE MIRANDA: Thank you very much.
7:42:43PM Anyone else in the audience care to speak?
7:42:46PM Please come forward.
7:42:51PM >> Hello, my name is Deborah Bach.
7:42:54PM I live at 1001 east North Street.
7:42:57PM I've been asked to read a letter to you from Crissy Huff.
7:43:01PM She's the old Seminole Heights neighborhood watch
7:43:03PM coordinator.
7:43:05PM Says I respectfully request that you approve this zoning
7:43:08PM request with the major stipulation.
7:43:10PM Restrict the closing hours to the same hour restrictions
7:43:13PM that have been requested of all new Seminole Heights
7:43:16PM business required to come before City Council.
7:43:18PM Sunday through Wednesday, closing at 11.
7:43:22PM Thursday through Saturday, closing at 1:00.
7:43:24PM Further reasoning is the business being in close proximity
7:43:29PM to several establishments where prostitution has been an
7:43:32PM ongoing issue.
7:43:32PM Having spent years volunteering on the Seminole Heights
7:43:36PM mobile crime patrol, I can testify that those businesses
7:43:39PM that were opened beyond the time that the bars in Ybor City

7:43:43PM closed, had a much higher potential of being problem
7:43:46PM locations than those businesses that were closed earlier in
7:43:49PM the evening.
7:43:50PM While the prostitution issue has been greatly reduced
7:43:53PM through community action and Tampa Police Department
7:43:56PM cooperation, sadly the issue still exists.
7:43:59PM The addition of a business who intends to serve the public
7:44:02PM via drive-thru service beyond the hours of those requested
7:44:06PM above, will further open the door to activity that is not
7:44:09PM wanted by this neighborhood.
7:44:10PM The calls for service and criminal activities that have been
7:44:14PM associated with this franchise's locations at 40th and
7:44:19PM Hillsborough and 16th and Nebraska, definitely are cause for
7:44:22PM alarm for those of us who are working to keep the Seminole
7:44:25PM Heights neighborhood a desirable place to call home.
7:44:27PM Thank you.
7:44:30PM >>CHARLIE MIRANDA: Thank you very much.
7:44:31PM Anyone else in the audience care to speak on this item?
7:44:34PM Petitioner, you have five minutes to rebuttal.
7:44:38PM And as legal said, I don't think there's much items we're
7:44:43PM going to take up, unless we ask for continuance, because
7:44:46PM none of this written in the site plan.
7:44:48PM >> Okay.
7:44:49PM J.D. Alsabbagh, engineering.
7:44:53PM I'm in agreement with the neighbor as far as the item which

7:44:57PM listed, all these items they requested, which we agree with
7:45:01PM them.
7:45:03PM As far as the crime report, I included to the same location,
7:45:08PM because Ms. McKay indicated to us during the meeting the
7:45:13PM same information.
7:45:13PM We went to the web side and we print the information, last
7:45:18PM two years, within 500 feet included in the report.
7:45:20PM Which I'm surprised, I include that report on that location
7:45:25PM there.
7:45:25PM I am not sure how that number came up, but you see the
7:45:30PM report is within distance of that location.
7:45:32PM So adding to that, we'd be more than happy to work with the
7:45:36PM staff on any of the conditions to be added.
7:45:41PM >>CHARLIE MIRANDA: We're looking at a continuance for how
7:45:43PM long, Julia?
7:45:47PM Four weeks?
7:45:52PM >> Julie Mandell.
7:45:53PM Your code provides if you're going to add a number of notes
7:45:56PM to a site plan in the middle of a hearing, it is a four week
7:46:01PM continuance.
7:46:02PM The applicant will have to have all the new notes and new
7:46:05PM commitments on the site plan, two weeks ahead of time.
7:46:08PM So, just so it's clear for the record, continuance would be
7:46:12PM for four weeks and the applicant would be responsible for
7:46:15PM putting all the new conditions that we discussed, including

7:46:18PM the conditions of the hours of operation and the conditions
7:46:20PM relating to the tree and the, what is supposed to happen in
7:46:26PM terms of the tree, on the site plan within the next two
7:46:29PM weeks submitted to staff.
7:46:31PM >>CHARLIE MIRANDA: Okay.
7:46:32PM Petitioner, you understand that?
7:46:35PM >> Yes, we do.
7:46:37PM >>CHARLIE MIRANDA: Abbye?
7:46:40PM >>ABBYE FEELEY: I just want to be clear, Annie Feeley, land
7:46:43PM development, on what these things are.
7:46:44PM I wrote down the extension of the six foot wall, that JD
7:46:51PM referred to.
7:46:52PM The right in, right out being channelized.
7:46:55PM The lady that spoke earlier this evening had mentioned that
7:46:58PM they wanted a raised curb at that location.
7:47:02PM I wasn't sure if that included like a pork chop or what, you
7:47:05PM know.
7:47:06PM >>CHARLIE MIRANDA: I think that's what that is.
7:47:08PM I'm not certain either, but I have a vision that's what it
7:47:10PM is.
7:47:11PM >> The hours of operation, is that just for the drive-thru?
7:47:15PM Is that for the restaurant as a whole?
7:47:17PM I wasn't clear on that.
7:47:18PM >>CHARLIE MIRANDA: I think the hours of operation is the
7:47:20PM hours of operation period.

7:47:24PM >> The management plan that they referred to for the tree,
7:47:27PM the health of the tree, what's going to be done --
7:47:30PM >>CHARLIE MIRANDA: That hasn't been cleared up, I don't
7:47:31PM think.
7:47:33PM >>ABBYE FEELEY: None of that's in the plan either.
7:47:35PM >>CHARLIE MIRANDA: Not been cleared up that I remember.
7:47:37PM Am I correct, Council?
7:47:39PM >> That's correct.
7:47:40PM >>CHARLIE MIRANDA: So the question in my mind is, if that's
7:47:43PM the case, and what happened to the tree after we try this,
7:47:47PM and the tree dies, who pays for it?
7:47:50PM Who does the calculation of the inch per inch and
7:47:55PM replacement value and so forth and so on?
7:48:01PM >> I mean, that was staff's point in relation to where the
7:48:04PM drive-thru was being proposed, was that we are now
7:48:06PM encroaching --
7:48:08PM >>CHARLIE MIRANDA: Because one side said it is not possible.
7:48:10PM The other side said it is definitely going to happen and it
7:48:14PM is possible.
7:48:15PM So are we to assume?
7:48:18PM >>ABBYE FEELEY: Our code requires when you have a grand
7:48:20PM tree, 20 feet.
7:48:21PM They're not meeting what our code requires.
7:48:23PM And therefore, that is why staff is recommending to you the
7:48:25PM not to approve what's being proposed.

7:48:28PM But that being said --
7:48:36PM >> Julie Mandell, legal department.
7:48:37PM If they have a requirement on the site plan they're supposed
7:48:39PM to do certain things in relation to the tree, even if they
7:48:42PM do it all and it doesn't work and the tree does die, there
7:48:45PM would be no obligation, unless you put something in addition
7:48:49PM on the site plan to pay into the tree bank or replace those
7:48:54PM trees.
7:48:54PM The obligation is simply to do those things that have been
7:48:56PM defined tonight that you have testimony in the record says
7:49:00PM we'll keep this tree alive.
7:49:02PM >>CHARLIE MIRANDA: That's what I'm asking.
7:49:05PM >> At this point, that's where we are.
7:49:06PM Now, if Council believes or in the applicant agrees that
7:49:11PM there should be a note on the, and says if the degree dies
7:49:15PM within so many years, they would be obligated to comply with
7:49:18PM our code as it relates to the removal of the tree, paying
7:49:21PM into the tree bank, or putting in new trees.
7:49:25PM You could put that as part of the conditions of the site
7:49:27PM plan.
7:49:27PM I would recommend that you put a certain period of time on
7:49:30PM there because you can't have that, you know, in perpetuity.
7:49:35PM It would have to be some reasonable pert of time.
7:49:38PM But that would be the only way that you could bind this
7:49:41PM property to that kind of code requirement.

7:49:45PM >>CHARLIE MIRANDA: Which is unique.
7:49:47PM >> It's very unique.
7:49:48PM -- usually what happens, we make the decision that the tree
7:49:52PM is going to have to be removed in order to be able to do the
7:49:56PM plan as shown, or alternatively, we don't approve the
7:50:01PM project.
7:50:04PM >>CHARLIE MIRANDA: Do you understand that?
7:50:05PM What is your feeling?
7:50:07PM >> We will work with the staff, like in case within period
7:50:11PM of time, if something happen to the tree.
7:50:13PM We try to plant within the site.
7:50:16PM This area, to plant tree, inch by inch, or compensate.
7:50:23PM >>CHARLIE MIRANDA: You get with legal, they'll tell you what
7:50:25PM it is.
7:50:27PM >> I have a question.
7:50:28PM >>CHARLIE MIRANDA: Ms. Montelione?
7:50:29PM >>LISA MONTELIONE: Considering the life span, additional
7:50:32PM life span to the tree is kind of what we heard.
7:50:34PM Maybe could be 50 years, could be another 100 years.
7:50:37PM So -- at what point, and this situate guess for all three
7:50:43PM arborists -- at what point would we know if this tree is
7:50:49PM going to survive?
7:50:50PM So, when you talk about setting -- because I do want to see
7:50:54PM the tree preserved.
7:50:56PM I think having that nice beautiful tree on the site is an

7:50:59PM asset.
7:51:01PM Rather than planting a whole bunch of little ones.
7:51:04PM But guidance as to five years, 10 years?
7:51:10PM I mean, how do we know at what point this tree is going to
7:51:13PM make it?
7:51:14PM >> Well, try-wise, we know that typical construction damage
7:51:18PM can take five to seven years to recover from.
7:51:21PM So we would ask for a plan or a range between five and seven
7:51:26PM years.
7:51:27PM >>LISA MONTELIONE: Okay.
7:51:28PM Thank you.
7:51:29PM >>CHARLIE MIRANDA: Mr. Suarez?
7:51:30PM >>MIKE SUAREZ: Thank you, chair.
7:51:31PM Ms. Cole -- I mean Ms. Mandell.
7:51:34PM I'm sorry.
7:51:35PM I keep forgetting.
7:51:36PM What happens if the tree dies, or gets destroyed during
7:51:43PM building and we can put that on the site plan that they have
7:51:46PM to, you know, pay back, pay into the tree fund.
7:51:51PM And we can put a reasonable time for him, so -- you're
7:51:55PM saying it can't be in perpetuity, but what is considered
7:51:59PM reasonable, because we have never -- I don't think we have
7:52:02PM ever done this before.
7:52:03PM I know the arborist said -- I heard what you said.
7:52:07PM Five to seven was the timeframe that he had mentioned.

7:52:11PM Okay.
7:52:12PM Ask live up to 50.
7:52:15PM It's not an arborist question, it's a legal question.
7:52:18PM My point is, is that when you have something like that,
7:52:24PM legally, what kind of real teeth does that have in terms of
7:52:30PM preserving the tree?
7:52:32PM So as an example, our petitioner is there, they've already
7:52:37PM shown that they've changed their plans from one, between, in
7:52:40PM a six year period from, the time that they first got this
7:52:43PM zoned, and then they have, you know, they sell the place,
7:52:47PM they do something else.
7:52:49PM Something is on there that still has to continue the tree
7:52:52PM and they can't get anything done unless the tree is gone,
7:52:56PM meaning they can't sell the property, some other restaurant
7:53:00PM group might want to come in, but they say we can't work with
7:53:03PM this tree right here, right by the drive-thru.
7:53:05PM That's just impossible.
7:53:06PM That's going to go with the site plan, will it continue to
7:53:11PM go on?
7:53:12PM Or when they come back from zoning, they'll have to ask for
7:53:15PM a waiver from this particular site plan, correct?
7:53:18PM This new site plan.
7:53:20PM >> Well, they would be from, what I understand the question,
7:53:23PM somebody comes back in, they want to do something different,
7:53:26PM you've got these very specific notes on conditions on the

7:53:29PM site plan.
7:53:30PM What they would have to do, another property owner or
7:53:34PM somebody else, they would be basically rezoning the property
7:53:36PM from a PD to a new PD, in which they would be saying we want
7:53:41PM to remove those notes.
7:53:43PM And then they would go to whatever notes that they wanted to
7:53:46PM have.
7:53:47PM And it happens all the time.
7:53:50PM Whenever you have a PD to a PD site plan, you typically
7:53:53PM have -- don't typically, but often you'll have a complete
7:53:56PM change to what was there before and it's a new zoning and
7:53:59PM you look at it in terms of what's changing.
7:54:02PM >>MIKE SUAREZ: You understand the question, which is, you
7:54:04PM know, what we usually do when it comes to, you know, special
7:54:08PM use permits and when it comes to liquor and things, that
7:54:11PM goes with the land.
7:54:12PM A tree that is rooted in the land actually doesn't go with
7:54:16PM the land.
7:54:17PM >> No --
7:54:20PM >>MIKE SUAREZ: They have to come back to rezone.
7:54:22PM My point is it's a different aspect of it.
7:54:25PM Putting a five year, ten year, whatever amount of time we
7:54:28PM want to put on the site plan for the tree...
7:54:38PM [pause]
7:54:55PM >> And maybe I need to clarify the question.

7:54:57PM I understand -- raising a point I want to clarify the you
7:55:03PM have two sets of circumstances, let's assume we go with
7:55:06PM notes such as what we're describing.
7:55:08PM One set of circumstances, the tree lives.
7:55:10PM And somebody wants to then remove the tree later.
7:55:14PM Whatever process is available to remove that tree likely
7:55:16PM would require some kind of rezoning of the PD because I
7:55:20PM would consider this a Council condition and it would need to
7:55:23PM come back to Council.
7:55:24PM The tree doesn't make it.
7:55:27PM Part of the notes on the site plan and per code, there would
7:55:30PM be an obligation for this property owner, whoever is the
7:55:34PM owner of the property at the time, to then get a tree
7:55:38PM removal permit to comply with our code as it relates to tree
7:55:41PM removal, which is they would need to either pay into the
7:55:44PM tree bank or put those, put additional trees on-site.
7:55:50PM That wouldn't come back to Council.
7:55:51PM At that point they would be in complies with the code and
7:55:55PM could move forward.
7:55:56PM So sort of the two tracks.
7:55:58PM >>CHARLIE MIRANDA: So it does go with any owner that is
7:56:01PM there.
7:56:01PM >> Would stick with any owner utilizing the property,
7:56:04PM whether or not it's this property owner or somebody else,
7:56:06PM those notes would run with the land and the code compliance

7:56:09PM requirements would run with the land.
7:56:12PM >>MIKE SUAREZ: Because after all, this is not Ybor City
7:56:14PM we're talking about.
7:56:15PM This is why the tree survives.
7:56:17PM >> Well, we hope the tree survives.
7:56:19PM >>MIKE SUAREZ: Good.
7:56:19PM The reason I was asking, because I think that the chances of
7:56:21PM the tree getting hurt by a car are a lot greater than some
7:56:25PM other, you know, thing happening.
7:56:28PM I mean, you can see from the site plan that it is
7:56:32PM precariously close to whatever car is going to be in there.
7:56:36PM You know.
7:56:37PM So, again, that's a whole other issue that is part of the
7:56:41PM site plan.
7:56:41PM We know what it says.
7:56:42PM We know what it is.
7:56:43PM And we just need to make sure that we clarify each piece of
7:56:46PM this because it's not something we typically do.
7:56:49PM >> That is true.
7:56:49PM But keep in mind, and maybe I do need to make this clear,
7:56:54PM uni, City Council doesn't have an obligation to approve the
7:56:58PM site plan with the drive-thru in this location.
7:57:00PM >>MIKE SUAREZ: I understand that.
7:57:01PM >> This is simply if City Council is inclined to listen to
7:57:04PM the competent substantial evidence you've heard relating to

7:57:08PM the tree being able to survive.
7:57:10PM We want to make sure all the items discussed tonight as to
7:57:13PM how that tree can be maintained are actually part of the
7:57:16PM site plan, otherwise, we have no enforcement authority.
7:57:20PM >>MIKE SUAREZ: Believe me, that is exactly my point.
7:57:23PM It is not the tree itself, it's the legal aspects what we're
7:57:26PM trying to do on the site plan that I was asking you about.
7:57:28PM That's what I wanted to clarify and make sure I had it in my
7:57:32PM head correct.
7:57:32PM So thank you.
7:57:34PM >>CHARLIE MIRANDA: Petitioner again, one more time I want to
7:57:36PM make sure I got it right.
7:57:37PM You're going to do the site plan notes exactly what we
7:57:43PM discussed, your hours of operation.
7:57:47PM >> Access.
7:57:48PM >>CHARLIE MIRANDA: The raised curb.
7:57:51PM The tree and the things that Ms. Abbye Feeley has spoke
7:57:58PM about.
7:57:58PM >> Correct.
7:57:59PM >>CHARLIE MIRANDA: And then you'll come back to us -- that
7:58:02PM five to seven is kind of vague.
7:58:04PM It's not an hour of the clock, it's a time of time of life,
7:58:08PM so I think you'd better come up, between you and staff, a
7:58:12PM set of years.
7:58:14PM Not five to seven.

7:58:15PM I don't think that's appropriate when you say five to seven.
7:58:18PM Who knows, and that's a legal argument for something to be
7:58:22PM determined later that's not concluded.
7:58:24PM So I'd like to see that to a concrete date, providing
7:58:27PM calendar agrees with that.
7:58:29PM And then we set it for four weeks, and you have to have all
7:58:34PM your stats in and your requirements through the site plan
7:58:38PM two weeks from the date, within two weeks.
7:58:41PM Can you do that?
7:58:42PM >> Yes, absolutely.
7:58:43PM I think in a few days we'll get it to Ms. Feeley.
7:58:47PM >>CHARLIE MIRANDA: Do you have a date for the hearing, sir?
7:58:57PM >> Yes, day or night?
7:59:01PM There is an evening session four weeks from tonight on
7:59:04PM November 8th.
7:59:07PM >>ABBYE FEELEY: You are already over your limit for that
7:59:09PM night.
7:59:09PM You have 12 cases on your agenda that evening.
7:59:11PM So I would not recommend it for that night.
7:59:14PM >> I show 11 on the schedule.
7:59:15PM Maybe one more was added.
7:59:17PM >>CHARLIE MIRANDA: That day I have to take a haircut.
7:59:19PM [ Laughter ]
7:59:21PM >> That's completely up to you, Council.
7:59:23PM December 13th, we do have plenty of space available.

7:59:27PM That's an evening hearing.
7:59:29PM Or a day time hearing, whatever would be the pleasure.
7:59:33PM >>CHARLIE MIRANDA: Officially you understand we're caught in
7:59:34PM the middle here.
7:59:35PM >> Mr. Chairman, the next day regular meeting, which will be
7:59:39PM four weeks or more is November 15th.
7:59:43PM >>CHARLIE MIRANDA: Let me ask the neighborhood.
7:59:45PM This is unusual.
7:59:47PM Most cases are unusual here.
7:59:49PM Would you folks be amenable to a day meeting, can you attend
7:59:53PM that meeting?
7:59:54PM I don't want to do something...
8:00:02PM >>CHARLIE MIRANDA: All right.
8:00:05PM At what time?
8:00:07PM Give me what we have available on the 15th.
8:00:10PM >>THE CLERK: On the 15th, there are, I'm showing one
8:00:16PM alcoholic beverage petition at 10:30.
8:00:20PM One VRB review at 10:30.
8:00:23PM Other than that staff reports and ten minute presentation by
8:00:28PM Tampa Bay wave.
8:00:29PM >>CHARLIE MIRANDA: Let's make it at 10:00.
8:00:31PM That date certain is November a 15th, am I correct?
8:00:36PM >>THE CLERK: Yes, sir, November 15th, meeting at 9:00 a.m.
8:00:39PM >>CHARLIE MIRANDA: Is that acceptable?
8:00:40PM >> Yes, that's acceptable.

8:00:42PM >>CHARLIE MIRANDA: Council counsel, is that acceptable?
8:00:45PM >> Yes, sir.
8:00:45PM >>CHARLIE MIRANDA: I need a motion to postpone this to
8:00:47PM November the 15th at 10:00 in the morning, year 2012.
8:00:51PM I have a motion by Mr. Cohen, second bring Reddick.
8:00:54PM All in favor of the motion, please indicate by saying aye.
8:00:55PM Opposed nay.
8:00:58PM The ayes have it unanimously.
8:00:59PM Thank you very much.
8:01:00PM Next, hearing would be number 19.
8:01:19PM >> That was continued to November 15th at 10:00 a.m., right?
8:01:24PM >> Just want to make sure for my own notes.
8:01:26PM Thank you.
8:01:46PM >> Last case on the agenda this evening is Z12-32, Euclidian
8:01:52PM zoning request, it is located 1205 East 108th Avenue.
8:01:56PM The request before you this evening is from an RS,
8:02:00PM residential single-family to RM residential multi-family.
8:02:05PM This is Euclidian reasoning and no waivers may be requested
8:02:07PM or permitted as part of the approval.
8:02:26PM >>TONY GARCIA: Tony Garcia, Planning Commission.
8:02:28PM I have been sworn.
8:02:29PM This is your last case of the evening.
8:02:34PM The site in question is in the University District.
8:02:48PM Which is right -- it's going to be right in this area right

8:02:59PM over here.
8:03:00PM Let me go ahead and show you a map.
8:03:02PM This site is located east of the interstate.
8:03:09PM It's also located just south of 109th avenue.
8:03:14PM The area is predominantly, as you can see by the
8:03:18PM parcelization, got a land use category of residential 20.
8:03:21PM The existing built environment in the area is what exists
8:03:33PM right there right now.
8:03:34PM You currently are a duplex from the area.
8:03:37PM That's the character of the entire street, are mostly
8:03:40PM duplexes.
8:03:41PM So this area was down zoned by the city, I forget how many
8:03:48PM years ago.
8:03:49PM Probably seven or eight years ago to RS-50, predominant
8:03:52PM zoning for this area.
8:03:53PM But your land use classification is still R 20.
8:03:57PM This was primarily either an RM-16 or RM-18 area.
8:04:01PM This is university square neighborhood association area.
8:04:04PM As you can see, the existing built environment is currently
8:04:08PM duplex.
8:04:09PM The request of the applicant is to change the zoning
8:04:12PM district from RS-50 to RM-18.
8:04:15PM To reflect what's existing on the site.
8:04:18PM It is consistent with the R 20 category and consistent with
8:04:23PM the built environment, which is already as you can see by

8:04:26PM the aerial, predominantly duplex on this particular street
8:04:30PM and surrounding streets in the general area.
8:04:32PM So Planning Commission staff found the proposed request
8:04:34PM consistent with the comprehensive plan.
8:04:47PM >>ABBYE FEELEY: This is a 50 by 106 lot and this is an
8:04:52PM existing duplex on the property, or single-family attached
8:04:57PM as we refer to it.
8:04:58PM As Tony mentioned, and here is the zoning atlas, 108th to
8:05:04PM the north, Lantana to the west, 14th street to the east.
8:05:09PM This area of the city was subject of an area-wide rezoning
8:05:16PM back in -- I thought I had it in my staff report.
8:05:26PM So, the structures were existing here and it was zoned back
8:05:32PM down to an RS-50 from a multi-family district.
8:05:36PM And typically in that situation, duplex becomes a
8:05:40PM nonconforming use of the property.
8:05:43PM And those nonconforming uses can continue as long as they
8:05:47PM are not vacant for a period of 180 days.
8:05:50PM If you are vacant, then you lose that nonconforming status.
8:05:54PM And that is what happened in this case.
8:05:56PM The applicant, which is here, will speak to that the
8:06:00PM property went into foreclosure during that period, the 180
8:06:04PM days occurred and it was cited to them be returned to a
8:06:08PM single-family resident to be consistent with the reasoning
8:06:11PM district.
8:06:12PM It is the applicant's desire to maintain the duplex and that

8:06:15PM is what is before you this evening.
8:06:16PM By allowing the rezoning.
8:06:19PM Aerial of the property.
8:06:24PM A lot of trees, hard to see.
8:06:27PM This is the subject site.
8:06:34PM What I did was, I started on the eastern side of 108th and
8:06:43PM worked my way back down to Lantana.
8:06:46PM So I'm going to slow you, there's predominantly
8:06:49PM single-family with a couple single-family attached on the
8:06:53PM northern part and predominantly single-family attached on
8:06:56PM the southern part.
8:06:57PM Let me go ahead and show you from that northeast side,
8:07:01PM moving back.
8:07:02PM Toward the west.
8:07:05PM This is directly across from the property.
8:07:12PM And then another single-family.
8:07:16PM There was actually two units.
8:07:20PM This is to -- I'm going to turn myself around.
8:07:29PM This is to the east of the property.
8:07:31PM This is -- no I'm sorry.
8:07:39PM That was to the west.
8:07:40PM I'm sorry.
8:07:43PM Immediately to the west.
8:07:45PM Also moving west.
8:07:46PM This is to the east.

8:07:49PM And this is across catty-corner across Lantana.
8:07:54PM And this is also at Lantana.
8:07:57PM Lot meets the dimensional requirements for the RM-18 and
8:08:03PM staff did find the request consistent.
8:08:11PM >>CHARLIE MIRANDA: Petitioner?
8:08:13PM >> Good evening, my name is David Clisset.
8:08:16PM I'm the authorized agent for the owner.
8:08:18PM I'm also the president of Divine Design and Development of
8:08:19PM Florida, board of professional engineers, certified firm.
8:08:24PM I would like to quote, clarify the fact that the rezoning on
8:08:30PM this parcel under this general neighborhood was actually
8:08:34PM done almost 10 years ago.
8:08:36PM The final zoning date appears to be 2003 actually.
8:08:42PM And what I would like to do is show -- perhaps easier to
8:08:48PM understand condition, what has been shown to you in
8:08:55PM photographs, this is the parcel.
8:08:57PM This is north.
8:08:59PM >>CHARLIE MIRANDA: Can I ask you just to get to, condense it
8:09:02PM a little bit.
8:09:03PM Then I'm going to ask for the audience portion.
8:09:05PM >> Sure.
8:09:05PM What I wanted to point out, these orange parcels that you
8:09:08PM see this entire block is all duplex.
8:09:11PM This is the duplex.
8:09:12PM The one parcel right there is a single-family.

8:09:16PM What we're asking is that you allow this new owner to
8:09:19PM continue its use.
8:09:20PM He has been very diligent in trying to get the nonconforming
8:09:26PM use as it was originally built, to be continued.
8:09:29PM But because of the fact it was in foreclosure, this was not
8:09:33PM possible.
8:09:33PM Now --
8:09:35PM >>CHARLIE MIRANDA: We understand that part.
8:09:36PM Let me ask, any objection for anyone in the audience?
8:09:39PM Anything else you want to say?
8:09:44PM >> We'd just like to be able to continue the building with
8:09:47PM the new owner that did not have to go through the
8:09:49PM foreclosure.
8:09:50PM >> Move to close.
8:09:58PM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, close the
8:10:02PM hearing, motion by Mr. Reddick, second by Mr. Cohen.
8:10:04PM All in favor of that motion, please indicate by saying aye.
8:10:06PM Opposed nay.
8:10:08PM The ayes have it unanimously.
8:10:09PM I believe the time, Ms. Montelione, is it your turn?
8:10:15PM Yes it was.
8:10:20PM >>LISA MONTELIONE: Thank you.
8:10:21PM I present an ordinance for first reading consideration,
8:10:30PM ordinance rezoning the property in general vicinity of 1205
8:10:34PM East 108th Avenue in the City of Tampa, Florida, more

8:10:36PM particularly described in section 1 from zoning district
8:10:39PM classifications RS-50 residential single-family to RM-18
8:10:43PM residential multi-family, providing an effective date.
8:10:46PM >> Second.
8:10:47PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
8:10:49PM by -- a tie vote, Mr. Suarez, you've been very kind to me
8:10:54PM today.
8:10:54PM Mr. Suarez, second.
8:10:55PM Closed vote.
8:10:57PM All in favor of the motion, please indicate by saying aye.
8:10:59PM Opposed nay.
8:11:00PM The ayes have it unanimously.
8:11:01PM Thank you all very much.
8:11:02PM >> Motion carried with Capin and Mulhern being absent.
8:11:05PM Second reading and adoption will be November 1st at
8:11:07PM 9:30 a.m.
8:11:08PM >>CHARLIE MIRANDA: Information reports by Councilmembers at
8:11:12PM this time?
8:11:13PM Mr. Suarez?
8:11:14PM >>MIKE SUAREZ: None at this time.
8:11:15PM >>CHARLIE MIRANDA: Thank you.
8:11:15PM Mr. Reddick?
8:11:17PM >>FRANK REDDICK: None, Mr. Chair.
8:11:18PM >>CHARLIE MIRANDA: Mr. Cohen?
8:11:19PM >>HARRY COHEN: Just one, Mr. Claire.

8:11:20PM I'll go very quickly.
8:11:22PM I would like to make a motion to schedule a workshop at
8:11:25PM 9:00 a.m. often January 31st, 2013 to discuss electronic
8:11:29PM signs.
8:11:30PM I would like for Ms. Mandell, Ms. Coyle and also Mr. Slater
8:11:37PM from code enforcement to be here to discuss the way we
8:11:40PM regulate and approve electronic signs.
8:11:44PM >> Second.
8:11:44PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
8:11:46PM Mr. Suarez.
8:11:47PM All in favor of that motion, please indicate by saying aye.
8:11:49PM Opposed nay.
8:11:50PM The ayes have it unanimously.
8:11:51PM Anything else, sir?
8:11:53PM >>HARRY COHEN: No.
8:11:54PM >>CHARLIE MIRANDA: Ms. Montelione?
8:11:55PM >>LISA MONTELIONE: No, sir.
8:11:55PM >>CHARLIE MIRANDA: Thank you very much.
8:11:56PM I need a motion to receive and file.
8:11:59PM >>CHARLIE MIRANDA: Motion made by Mr. Reddick, second by
8:12:01PM Mr. Cohen.
8:12:01PM All in favor of that motion, please indicate by saying aye.
8:12:03PM Opposed nay.
8:12:05PM The ayes have it unanimously.
8:12:05PM We stand adjourned.


October 11, 2011, 5:30 p.m.

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