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TAMPA CITY COUNCIL
Thursday, November 8, 2012
5:00 p.m.

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>>CHARLIE MIRANDA: Meeting is called to order.
5:04:46PM Roll call?
5:04:46PM [Roll Call]
5:04:49PM >>MIKE SUAREZ: Here.
5:04:50PM >>YVONNE CAPIN: Present.
5:04:53PM >>HARRY COHEN: Here.
5:04:55PM >>CHARLIE MIRANDA: Here.
5:04:55PM Before we open these three public hearings, the chair yields
5:04:59PM to Mr. Shelby.
5:05:01PM >>MARTIN SHELBY: Thank you, Mr. Chairman.
5:05:03PM Good evening, members of Council.

5:05:04PM There are two walk-on items tonight.
5:05:06PM One, did you want to talk to Council about that?
5:05:09PM I have it here.
5:05:10PM Otherwise, I'll just present it.
5:05:12PM >> Go ahead.
5:05:13PM >>MARTIN SHELBY: It's regarding setting public hearing.
5:05:15PM About the Seminole Heights area of wide rezoning.
5:05:18PM And you had previously received a memorandum about that.
5:05:22PM >>CHARLIE MIRANDA: I need a motion to allow that to happen.
5:05:25PM When shows hearing's set for.
5:05:28PM >> So moved.
5:05:28PM >> Second.
5:05:31PM >> I believe it's December 13th, the first reading, and
5:05:36PM January 15.
5:05:38PM >>MARTIN SHELBY: December 13th at 5:01 p.m., and
5:05:40PM January 10th at 9:30 a.m.
5:05:42PM >>CHARLIE MIRANDA: Motion by Ms. Capin, second by Mr.
5:05:45PM Suarez.
5:05:46PM All in favor please indicate by saying aye.
5:05:46PM Opposed nay.
5:05:47PM The ayes have it unanimously.
5:05:51PM >>MARTIN SHELBY: Thank you, Mr. Chairman.
5:05:51PM The other item is resolution ratifying Council's previous
5:05:53PM decision that you made last week to appoint Susan Long.
5:05:55PM The bulk of the other resolutions are coming next week, but

5:05:59PM the VRB is going to be meeting this Tuesday.
5:06:02PM >> So moved.
5:06:03PM >> Second.
5:06:03PM >>CHARLIE MIRANDA: Have a motion by Mr. Cohen.
5:06:05PM Second by Mr. Suarez.
5:06:06PM All in favor of that motion please indicate by saying aye.
5:06:09PM The ayes have it unanimously.
5:06:10PM Okay, now we need to open public hearings 1, 2 and 3, and 1
5:06:16PM is going to be removed, but we got to open it anyway.
5:06:20PM >> Move to open the public hearing.
5:06:21PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
5:06:23PM Mr. Suarez.
5:06:24PM All in favor of the motion of opening one, two and three
5:06:28PM please indicate by saying aye.
5:06:28PM Item number one, am I correct?
5:06:31PM There's a memorandum here by Rebecca Kert to withdrawing
5:06:35PM said item.
5:06:35PM Am I correct?
5:06:37PM Okay.
5:06:38PM Nodded for yes.
5:06:40PM >> Motion to withdraw item.
5:06:42PM >> Second.
5:06:44PM >>CHARLIE MIRANDA: I have a motion to withdraw item number
5:06:47PM one by Mr. Cohen, second by Mr. Suarez.
5:06:49PM All in favor of that motion, please indicate by saying aye.

5:06:51PM Opposed nay.
5:06:52PM The ayes have it unanimously.
5:06:53PM Two and three are open.
5:06:55PM And before we go there, number two is a quasi-judicial
5:06:59PM hearing.
5:06:59PM Number three is not.
5:07:01PM So if you're going to speak on 2 at any time, you got to be
5:07:04PM sworn in when we go to the part.
5:07:07PM If you're going to speak, please rise and be sworn in.
5:07:10PM [Oath administered by Clerk]
5:07:18PM >>CATHERINE COYLE: Thank you, Council.
5:07:20PM Catherine Coyle, planning and development.
5:07:21PM I'll be brief, so if there are any members of the public to
5:07:25PM comment, I'll reserve any additional time for rebuttal.
5:07:28PM The city actually is the applicant for this particular
5:07:32PM rezoning.
5:07:32PM And this is the first of five areas within Seminole Heights
5:07:35PM that will be rezoned.
5:07:37PM This is the last piece of the puzzle, so to speak, in the
5:07:40PM process to actually adopt full-on division plan, the future
5:07:46PM land use map amendments that were done.
5:07:48PM The code amendments that were done that actually created the
5:07:51PM form-based code specific to Seminole Heights.
5:07:53PM And now this is bringing the zoning districts in line with
5:07:56PM all the previous work that has already been adopted by City

5:07:58PM Council.
5:07:59PM The memo that I sent through highlights all of the meetings
5:08:03PM that took place, that have taken place since February of
5:08:07PM 2008.
5:08:07PM We did start with the vision process that ran through
5:08:12PM October of 2008.
5:08:13PM And the vision plan itself was accepted by City Council from
5:08:19PM that.
5:08:19PM We derived a whole laundry list of goals, objectives and
5:08:24PM policies in the Tampa comprehensive plan that deal with the
5:08:26PM Greater Seminole Heights planning area.
5:08:30PM That folds directly into chapter four and the Tampa
5:08:32PM comprehensive plan under community planning.
5:08:34PM We are obligated in the comprehensive plan to complete
5:08:38PM Seminole Heights, Tampa Heights and the 40th Street planning
5:08:41PM area by 2015.
5:08:43PM Seminole Heights was the first one in that order.
5:08:46PM 40th Street will be coming forward pretty soon.
5:08:50PM We finished the vision plan.
5:08:53PM That was accepted.
5:08:54PM Then we amended the comprehensive plan, as I said, through
5:08:57PM the text amendment.
5:08:59PM We updated the future land use map, so we actually did
5:09:02PM change the future land use category in early -- late 2010.
5:09:07PM March, 2011, we actually adopted the land development

5:09:10PM regulations that are on the books now.
5:09:13PM And I go through the hearings that have taken place on page
5:09:16PM two of the memo, as well as all the design process to
5:09:19PM develop the code.
5:09:20PM So as I mentioned, this area of rezoning is really the last
5:09:24PM piece to finalize the entire project.
5:09:26PM Loss my train of thought.
5:09:32PM However, I'm available for any questions.
5:09:34PM We have had two open houses and the third week of October.
5:09:38PM Subsequent to the mailing going out, telling everybody they
5:09:42PM were being rezoned, we invited them to a public open house
5:09:45PM in our building.
5:09:46PM There were only 11 people that came from that notice.
5:09:49PM Everyone is individually noticed obviously because it is a
5:09:52PM rezoning.
5:09:52PM Following that, actually just prior to that, during the
5:09:56PM week, we actually went to the neighborhood association
5:09:58PM meeting for south Seminole Heights.
5:10:00PM There were approximately 20, 25 people there.
5:10:03PM We gave a presentation and answered questions and thus far,
5:10:06PM we haven't had any, you know, serious objections or
5:10:09PM complaints.
5:10:10PM We have had one e-mail from Mr. Pressman regarding a
5:10:14PM property on Martin Luther King, which I'll let him speak to.
5:10:17PM That's what I wanted to say.

5:10:18PM You have had I believe two to three -- two to three single
5:10:21PM property rezonings within the entire area come forward for
5:10:24PM an FH district.
5:10:29PM Those came forward ahead of time because they needed to move
5:10:32PM forward with their projects.
5:10:33PM This is the city finishing the project.
5:10:36PM >>CHARLIE MIRANDA: Any questions for Councilmembers?
5:10:38PM Ms. Capin?
5:10:39PM >>YVONNE CAPIN: You mentioned what are the next two areas
5:10:42PM that are in line for.
5:10:47PM >>CATHERINE COYLE: For the form based?
5:10:50PM >>YVONNE CAPIN: Planning.
5:10:53PM >>CATHERINE COYLE: Tampa Heights is actually south of
5:10:55PM Seminole Heights.
5:10:56PM 40th Street, which is adjacent to the east side of Seminole
5:10:59PM Heights.
5:10:59PM The 40th Street planning area has actually been send, the
5:11:04PM vision plan and we have amended the Tampa comprehensive
5:11:06PM planned and future land use map.
5:11:09PM The only piece is develop the land development regulations
5:11:13PM and rezone the property the Tampa Heights area, is going to
5:11:18PM springboard from the large center city plan that's being
5:11:20PM done.
5:11:20PM So we're going to go back and tie up all the loose ends of
5:11:23PM the analysis of that area and then hopefully move straight

5:11:26PM into land development regulation and rezoning for that area
5:11:29PM as well.
5:11:30PM >>YVONNE CAPIN: Ask I ask you, and would that since these
5:11:33PM are contiguous, if you will, then would it be natural then
5:11:39PM it would be West Tampa?
5:11:43PM Is that something, or is that too soon?
5:11:45PM I know it's too soon, but I'm looking at, you know, 40th,
5:11:50PM then Seminole, then south, then -- I'm looking, would it go
5:11:55PM toward West Tampa?
5:11:56PM Would that be?
5:11:59PM >>CATHERINE COYLE: We weren't purposeful making sure they
5:12:01PM were all contiguous because it is kind of an older area,
5:12:05PM center city geographically of the city.
5:12:07PM At this point there's nothing that obligates us to move
5:12:10PM anywhere else by comp plan.
5:12:11PM And it's up to the administration to direct me which one I
5:12:15PM go tow next.
5:12:16PM But we are looking at other areas.
5:12:19PM >>YVONNE CAPIN: Okay.
5:12:20PM Just curious.
5:12:21PM >>CATHERINE COYLE: We have to finish the two first.
5:12:24PM >>YVONNE CAPIN: We have a little ways to go.
5:12:25PM Thank you.
5:12:28PM I know this didn't pertain to that specifically.
5:12:31PM But thank.

5:12:31PM >> You any other questions of Councilmembers?
5:12:33PM Anyone in the audience care to speak on item number 2?
5:12:36PM This is the first public hearing regarding this.
5:12:38PM Yes, sir?
5:12:39PM >> Mr. Chairman, Councilmembers, my name is Todd Pressman.
5:12:42PM I'm here on behalf of Sharon Honeywell and Galaxy Fireworks,
5:12:45PM which is located at the northeast corner of Florida and MLK.
5:12:51PM Your staff has worked very hard on it.
5:12:52PM Catherine has done a very good job.
5:12:54PM It's very comprehensive.
5:12:56PM But our concern, in two words, is mission creep.
5:12:59PM By that I mean all you have to do is look at Hillsborough
5:13:02PM County.
5:13:03PM When these community plans began, they were meant to be just
5:13:07PM somewhat light, little plans that weren't in the code.
5:13:09PM We have a few directives and a few parameters of what would
5:13:15PM need to be done in districts.
5:13:16PM Today let me read a few of these requirements now required.
5:13:19PM For example in some of the plans.
5:13:21PM There are limited hours of operation between 6:00 a.m. and
5:13:24PM 9:00 p.m.
5:13:24PM Any new construction should be oriented towards the roadway.
5:13:28PM Outside lighting restricted to motion activated security.
5:13:33PM Along Brandon Boulevard, there's a complete restriction that
5:13:37PM any vehicular movement of any kind or front doors addressed

5:13:41PM towards major roadways.
5:13:43PM They're supposed to be to the interior.
5:13:45PM These are just a few of the requirements, including control
5:13:49PM of slope of roofs, extensive requirements for cladding and
5:13:55PM for structures for how they're to look.
5:13:58PM Now --
5:14:02PM >>LISA MONTELIONE: Mr. Pressman, those are from
5:14:05PM unincorporated Hillsborough County that you're reading those
5:14:07PM requirements?
5:14:08PM I don't want anybody to get confused that we're talking
5:14:11PM about what we're looking at here in front of us.
5:14:13PM >> That's absolutely correct.
5:14:14PM And I stated that these were from Hillsborough County.
5:14:17PM The point is, they started in a very light fashion.
5:14:20PM But over time, there's mission creep.
5:14:22PM And what occurs is you end up having these districts with
5:14:26PM far reaching regulations requirements that find their way
5:14:30PM into the code and become code elements.
5:14:32PM To the point as I mentioned, even just one, that there is
5:14:35PM restrictions, hours of operation of businesses.
5:14:38PM We had to go back to Hillsborough County and fight for
5:14:40PM variance for a 24 hour gym to be able to operate so that
5:14:43PM typically police officers, public employees could use the
5:14:46PM facility.
5:14:47PM So our concern is, we don't want to be at the beginning of

5:14:50PM the nose of the elephant coming under the tent.
5:14:54PM We don't want to be forced into a district that in the
5:14:56PM future as we have seen elsewhere is going to end up having a
5:15:01PM death of a thousand cuts as these regulations and these
5:15:04PM improvements start to find themselves into code.
5:15:06PM >>LISA MONTELIONE: Are you objecting to what is in front of
5:15:08PM us right now, back to again the difference between what's in
5:15:11PM front of us right now and what Hillsborough County has got?
5:15:16PM Just to be clear.
5:15:17PM >> Our contention is that we -- I'm here tonight to voice to
5:15:20PM you that Ms. Honeywell's property, which is located at this
5:15:24PM location here, and zoomed in.
5:15:29PM Which is located at MLK and Suwannee, we don't want to be at
5:15:33PM the beginning and included in a part of a plan that we feel
5:15:37PM in the future is going to get more aggressive and is going
5:15:41PM to get more full of regulations.
5:15:44PM We don't want to be part of it.
5:15:45PM We don't want to be in it.
5:15:47PM We don't want to be included in it.
5:15:49PM >>CHARLIE MIRANDA: Okay.
5:15:49PM Let me ask Ms. Coyle.
5:15:53PM To your knowledge, can you specifically answer any of those
5:15:59PM concerns?
5:16:00PM >>CATHERINE COYLE: I certainly understand where Mr. Pressman
5:16:04PM is coming from.

5:16:05PM What I can state for the record is the county's community
5:16:08PM planning process and land development code amendment process
5:16:11PM and the city's is completely different.
5:16:13PM We went from the vision plan straight into the coach plan,
5:16:17PM amended the maps.
5:16:18PM Straight into code and rezoning.
5:16:21PM It was a very direct approach.
5:16:24PM The code amendments we put into place for form based code
5:16:27PM for Seminole Heights, we took a very clear approach to make
5:16:31PM sure that we did not diminish anybody's property rights as
5:16:35PM far as the range of uses.
5:16:37PM We actual had I applied enhancements that were allowed,
5:16:40PM specifically in the SH-CI zoning classification versus the
5:16:44PM CI.
5:16:44PM There are a lot of 55-foot height limits.
5:16:47PM In CI, they're allowed 45 feet.
5:16:50PM So there are specific requirements and design parameters
5:16:53PM that they're a little more enhanced.
5:16:55PM Because of the way that we developed the plans for Seminole
5:16:58PM Heights.
5:16:59PM And what we identified as the development pattern as being
5:17:01PM an urban village.
5:17:03PM I understand where you're coming from as far as scope creep
5:17:07PM in the future.
5:17:07PM I have no intention to add additional design standards

5:17:10PM through this four year process even with the residential
5:17:12PM portion of the community that came out to the meetings,
5:17:15PM because the commercial side came out as well.
5:17:16PM We invited everyone, through individual notice, through the
5:17:20PM entire process.
5:17:22PM There was never even a consensus from the residential side
5:17:25PM to apply full on design or architectural standards to the
5:17:29PM commercial pieces.
5:17:30PM What we dealt with from an urban form was placement of
5:17:33PM buildings, how they related to the public realm.
5:17:35PM Not full architectural standards for building.
5:17:38PM There's never consensus for that.
5:17:40PM It's not in the code.
5:17:41PM I don't plan for it to be in there as of right now and it's
5:17:44PM never even been brought to me.
5:17:46PM The only architectural form standards that are in the code
5:17:49PM relate back to residential, because they already had a
5:17:52PM residential overlay district.
5:17:54PM That's the final point that I'll make, as far as being
5:17:58PM SH-CI, CBD, CI, CG.
5:18:03PM At any point in time, it doesn't matter what zoning district
5:18:06PM you, we could forward with overlay district, specific design
5:18:11PM standards for a certain type of use to bring forward as a
5:18:14PM code amendment that would apply to their property or any
5:18:16PM other property zoned CI or SH-CI.

5:18:19PM I don't see it as scope creep in that, from that perspective
5:18:23PM because our approach as opposed to the county's where they
5:18:26PM started with this lighter community planning process as it
5:18:29PM translated into pseudo land development regulations.
5:18:33PM Ours is very direct.
5:18:34PM It's going to apply to X.
5:18:37PM Whatever that box is we carve out.
5:18:38PM And there's a public hearing process for that.
5:18:41PM The code is what it is, I don't plan on amending it any time
5:18:45PM soon.
5:18:46PM >>CHARLIE MIRANDA: Thank you very much.
5:18:46PM I that I answer a lot of the concerns that I heard earlier.
5:18:51PM Maybe not a hundred percent, but I'm at least at ease.
5:18:54PM Any others care to speak on this item in the audience?
5:18:59PM This is the audience portion of this first reading.
5:19:02PM Please come forward.
5:19:07PM >> Hello, good evening.
5:19:08PM My name is Paul Stein.
5:19:09PM I own commercial property at 4405 north Suwannee.
5:19:13PM From what I read in the notice for this, there appears to be
5:19:20PM a typo in the language relating to the area in concern.
5:19:25PM It says that we start from king and the river.
5:19:30PM I don't know if I could have a copy -- I don't have a copy
5:19:34PM of it here.
5:19:34PM Location, south of Hillsborough Avenue, west of Hillsborough

5:19:47PM river, I think we're talking about east of the Hillsborough
5:19:51PM river.
5:19:53PM So, I think that this notice actually is defective and the
5:19:58PM language should be amended and the hearing put off to
5:20:00PM another time until such time as people can get notice of the
5:20:03PM correct hearing.
5:20:05PM But that aside -- with respect to this particular area on
5:20:30PM this map, the language in the noted hearing appears to carve
5:20:35PM that out of the concerned area.
5:20:39PM So as you go south on Florida, you go to Osborne, you go to
5:20:43PM 275.
5:20:43PM That would be a really sensible thing to do because the area
5:20:47PM between Florida avenue and I-275 has no -- excuse me, has no
5:20:55PM business being in this district.
5:20:57PM If I understand correctly, the philosophy behind the
5:21:01PM creation of this district is though, so that people in
5:21:07PM pretty homes north of Hillsborough High School, can live
5:21:11PM next door to other people with pretty homes.
5:21:13PM They're gorgeous homes.
5:21:15PM They've done a great job restoring it.
5:21:17PM It's a beautiful neighborhood.
5:21:19PM The nature of the businesses that are moving into that
5:21:22PM neighborhood, like the independent, like the refinery, and
5:21:26PM others, contribute greatly to the character of that
5:21:30PM neighborhood.

5:21:31PM But if you survey the properties which are located south of
5:21:37PM Hillsborough High School, which is south of Osborne, to
5:21:41PM King, those kinds of houses do not exist in that zone.
5:21:46PM It's complete perversion of the intent of the historic
5:21:52PM district.
5:21:54PM And this includes my friend here from Galaxy Fireworks.
5:21:59PM Just drive up and down those streets.
5:22:01PM It's only four blocks wide, only five blocks north to south,
5:22:05PM six actually.
5:22:06PM Go up to Nicko's.
5:22:09PM This is not properly a historic district.
5:22:12PM These are old small homes, next to my property are three
5:22:15PM homes on 33-foot wide lots.
5:22:19PM 33 by 70.
5:22:23PM Three homes side by side.
5:22:25PM This is not an historic district.
5:22:29PM But back to my first point, I think this hearing should be
5:22:32PM continued --
5:22:34PM >>CHARLIE MIRANDA: We have a legal opinion 0 that.
5:22:36PM >> Proper notice was not given.
5:22:37PM >>CHARLIE MIRANDA: I appreciate it very much, Ms. Mandell.
5:22:41PM >>JULIA MANDELL-COLE: We have gone back through the notice
5:22:42PM the notice is correct.
5:22:43PM There was the title on the resolution setting the public
5:22:48PM hearing had a glitch in it, but the ordinance was corrected,

5:22:51PM so I'm completely comfortable we can move forward.
5:22:54PM Do I want to go and double-check the ordinance so I would
5:22:56PM just ask that you hold the hearing for a couple minutes
5:22:59PM while I run upstairs and check the ordinance, just to make
5:23:01PM sure we don't have an issue down the line.
5:23:04PM >>CHARLIE MIRANDA: All right.
5:23:04PM Question by Councilmembers?
5:23:06PM >>MIKE SUAREZ: Question.
5:23:07PM When you say it was correctly publicly noticed, I'm looking
5:23:12PM at some of the paperwork here from planning.
5:23:15PM It's got the same mistake on there.
5:23:18PM >>JULIA MANDELL-COLE: The front page of the agenda request
5:23:21PM form used the term west in setting the resolution setting
5:23:24PM the public hearing.
5:23:25PM The actual resolution setting the public hearing was
5:23:29PM correct.
5:23:30PM It's just showing up on your agenda incorrectly.
5:23:33PM But that doesn't affect the notice.
5:23:35PM Everybody was individually noticed here, the public notice
5:23:38PM that went out was correct.
5:23:40PM >>MIKE SUAREZ: I guess my question would be, how do we know
5:23:42PM that it was correct?
5:23:44PM >>JULIA MANDELL-COLE: Because we have a copy of the notice
5:23:45PM letter that went out.
5:23:46PM The glitch is on the actual just front page of the agenda

5:23:50PM sheet.
5:23:50PM I have the resolution setting the public hearing.
5:23:52PM The resolution actually setting the public hearing was
5:23:55PM correct.
5:23:55PM And the resolution setting the public hearing is not the
5:23:58PM actual notice.
5:23:59PM The notice is what goes out by mail.
5:24:02PM >>MIKE SUAREZ: The reason I'm asking the question is because
5:24:05PM I don't want to have to come back and re-do this if, you
5:24:08PM know -- brought up a very good point.
5:24:12PM Because every document I'm seeing has the same mistake.
5:24:15PM And you're saying to one place where it was right was the
5:24:18PM public notice.
5:24:18PM I mean, we really don't know that we're trusting that it was
5:24:22PM done correctly then and incorrectly now, versus.
5:24:26PM >>JULIA MANDELL-COLE: Lets give me a couple minutes to go
5:24:27PM and check that.
5:24:28PM I don't think there's anybody else here to speak.
5:24:30PM We actually have to wait a couple minutes to go on to the
5:24:33PM next hearing anyway.
5:24:34PM If you give me a couple minutes to go upstairs and
5:24:36PM double-check everything.
5:24:38PM >>CHARLIE MIRANDA: I have Ms. Montelione and Ms. Capin.
5:24:42PM >>LISA MONTELIONE: Julia, exhibit D says the same thing.
5:24:46PM And exhibit D is the notice letter that went out.

5:24:50PM >>JULIA MANDELL-COLE: Let me then go upstairs and check.
5:24:55PM >>CHARLIE MIRANDA: Ms. Capin?
5:24:57PM >>YVONNE CAPIN: The resolution reads west.
5:24:59PM >>CHARLIE MIRANDA: She's going to get the proper notice that
5:25:02PM went out.
5:25:03PM I know what the resolution says before us, but she's going
5:25:06PM to bring it back.
5:25:07PM By the time she gets back, we don't start the next one till
5:25:10PM 5:30.
5:25:11PM We have some time here.
5:25:12PM Let's take an eight minute recess -- I'm sorry.
5:25:15PM Cone I just wanted to say, aside from that, I'm
5:25:21PM uncomfortable the agenda is wrong.
5:25:23PM A lot of people use the agenda as their guide to decide what
5:25:26PM they want to come and speak about when they come to a
5:25:28PM meeting.
5:25:29PM And, you know, if a person read it and decided it didn't
5:25:33PM apply to them because it says west instead of east, I'm not
5:25:37PM so sure that that doesn't create another problem.
5:25:41PM >>CHARLIE MIRANDA: We'll be back -- Ms. Mulhern?
5:25:46PM >>MARY MULHERN: I'll wait.
5:25:51PM >>CHARLIE MIRANDA: Return in eight minutes.
5:25:52PM We stand in recess for eight minutes.
5:25:54PM Till 5:30.
5:25:56PM [ RECESS ]

5:25:57PM >>CHARLIE MIRANDA: City Council is called back in session.
5:35:19PM Roll call?
5:35:20PM [Roll Call]
5:35:23PM >>MIKE SUAREZ: Here.
5:35:24PM >>YVONNE CAPIN: Present.
5:35:25PM >>FRANK REDDICK: Here.
5:35:27PM >>HARRY COHEN: Here.
5:35:29PM >>CHARLIE MIRANDA: Here.
5:35:30PM Ms. Mandell?
5:35:33PM >>JULIA MANDELL-COLE: Julie Mandell, legal department.
5:35:35PM Given some confusion the way the agenda is written and
5:35:37PM appears the participating organization notice did use the
5:35:41PM term west and not east.
5:35:42PM All the individual notices are correct.
5:35:44PM I'm going to make the request of Council that you continue
5:35:47PM this case, continue it for somewhere past 30 days to allow
5:35:52PM us the opportunity to send notice only to the participating
5:35:57PM organizations again with the corrected east of the
5:36:00PM Hillsborough river versus west of the Hillsborough river.
5:36:04PM >>CHARLIE MIRANDA: Wait a minute.
5:36:04PM If you send notices that were correct, with the today's
5:36:07PM date, and then you're not going to leave them out the second
5:36:11PM hearing and you send it only to organization, aren't you
5:36:13PM going to have another problem?
5:36:16PM >>JULIA MANDELL-COLE: No, because we're continuing this

5:36:17PM record on continuing this case on the record.
5:36:21PM Just so I can say for the record, the individual property
5:36:23PM owner notice went out did not give a description of the
5:36:25PM area.
5:36:26PM It simply indicated your property is being rezoned, or you
5:36:30PM are within 250 feet of the area being rezoned.
5:36:34PM But it did not give a description.
5:36:36PM The notice that went out to the participating organizations
5:36:39PM gave the description and gave the description using west of
5:36:42PM the Hillsborough river versus east of the Hillsborough
5:36:45PM river.
5:36:45PM So, my recommendation and I'm comfortable that we can go
5:36:49PM ahead and do this and the notice would be legally
5:36:52PM sufficient, is for us to continue this hearing for 30, give
5:36:55PM us little over 30 days, we can correct the notice that went
5:36:59PM to the participating organizations.
5:37:01PM We do not need to re-notice all the individuals.
5:37:03PM They were properly noticed for this hearing.
5:37:04PM In addition, that will give us a chance to correct the
5:37:07PM agenda.
5:37:07PM >>CHARLIE MIRANDA: So then December 13th, will that be
5:37:10PM sufficient time?
5:37:13PM >>HARRY COHEN: Actually I'm going to make a motion that we
5:37:15PM continue it to December 20th, our day meeting.
5:37:18PM Because you said that would give you enough time.

5:37:22PM >> To meet the 30-day notice requirement, I would have to
5:37:26PM mail the letters out Tuesday, November 13th, which is
5:37:26PM actually plenty of time.
5:37:28PM It's only five letters that I have to mail out.
5:37:31PM >>HARRY COHEN: So you're fine with doing it on the night
5:37:35PM meeting on the 13th?
5:37:37PM Or do you want it on the day meeting on the 20th?
5:37:38PM >> I'm going to be here on the 13th anyway because of the
5:37:42PM one you just scheduled.
5:37:43PM >>CHARLIE MIRANDA: Just give me a date.
5:37:46PM >> The 13th at 6:00 p.m., motion to continue to the 13th.
5:37:50PM >> I hate to ask, but can you do it at 5:01 with the other
5:37:54PM one that we've scheduled?
5:37:55PM >> We don't have one.
5:37:57PM >> You just scheduled one.
5:37:59PM >>HARRY COHEN: Fine.
5:37:59PM 5:01.
5:38:01PM >>CHARLIE MIRANDA: So we have a motion by Mr. Cohen to
5:38:03PM continue item number two, to December 13th at 5:01.
5:38:08PM December 13th being the year 2012.
5:38:10PM Any further discussion?
5:38:12PM Motion by Mr. Cohen, second by Mr. Reddick.
5:38:14PM All in favor of that motion, please indicate by saying aye.
5:38:16PM Opposed nay.
5:38:18PM The ayes have it unanimously.

5:38:18PM Thank you very much.
5:38:19PM And appreciate it very much for bringing that up to the
5:38:22PM Council, sir.
5:38:23PM Okay.
5:38:23PM It's past 5:10, so we go to item number 3.
5:38:28PM It's a transmittal of public hearing.
5:38:31PM And we're at item number 3.
5:38:39PM >> Good evening, Councilmembers.
5:38:42PM David Hay with your Planning Commission staff.
5:38:46PM The next item before you is Tampa comprehensive plan
5:38:49PM amendment 1202.
5:38:53PM Intended to update the city's ten year water supply
5:38:56PM facilities work plan.
5:38:57PM This proposed text amendment, which is required by state
5:39:01PM law, updates the city's water supply facilities work plan,
5:39:05PM which identifies those projects and programs that are
5:39:08PM necessary to maintain an adequate water supply.
5:39:11PM This is a transmittal hearing, so it will be forwarded to
5:39:14PM the state and returned later for your formal adoption.
5:39:18PM And the Planning Commission on August 13th, 2012 did find
5:39:22PM CPA 12-02 consistent with the city's comprehensive plan and
5:39:26PM recommends that the City of Tampa adopt CPA 12-02.
5:39:34PM >>CHARLIE MIRANDA: This is a public hearing.
5:39:35PM Anyone in the audience care to speak on this item?
5:39:45PM >> I'm Ed Tillou from north ninth street, Sulphur Spring.

5:39:51PM Actually, there's a facility that's been revised recently to
5:39:55PM tap into spring water to provide water supply.
5:39:58PM I am an engineer, professional engineer actually.
5:40:02PM I'm registered in Maryland still.
5:40:04PM And the thing is, this is actually an engineering specialty,
5:40:10PM although I also have public health background.
5:40:13PM And the reason for that was I had wanted to go into this
5:40:15PM field.
5:40:16PM This, I worked for geological survey and I was interested in
5:40:20PM water supply.
5:40:20PM I ultimately got to do that with Maryland department of
5:40:23PM health.
5:40:24PM I worked with sewer, water and storm drains.
5:40:28PM Potable water.
5:40:29PM This is.
5:40:30PM Even though we spent more time on the stormwater and the
5:40:33PM wastewater.
5:40:34PM Now, a couple of things bear on this.
5:40:37PM The expert on this at University of South Florida is a
5:40:40PM Dr. Muserskiy, Massuski, something like that, I heard him
5:40:46PM speak once or twice.
5:40:47PM I got his e-mail, but recently my e-mail account was hacked
5:40:51PM into and somebody sent spam out from it.
5:40:54PM And I lost my address book, my account was closed out.
5:40:58PM And I don't have access to my address book and things like

5:41:01PM that.
5:41:01PM So don't throw your Rolodexes away.
5:41:04PM Your Rolodexes still may be valuable.
5:41:07PM You have all that stuff in the computer and then you can't
5:41:10PM get to it.
5:41:11PM Okay, there are a couple of things that bear on this and
5:41:13PM should be focused on to look into.
5:41:17PM And a big one right now it's in the news a lot is fluoride.
5:41:20PM Now, fluoride is wonderful.
5:41:22PM Everybody comes to line.
5:41:23PM This is the official thing, everybody wants fluoride.
5:41:26PM But there's something you don't know about fluoride.
5:41:29PM And this is something that was told to me at the dental
5:41:34PM college at University of Maryland.
5:41:37PM I was around University of Maryland a lot.
5:41:39PM I started my microbiology there.
5:41:41PM I knew a couple of dental students and things like that.
5:41:46PM There's a phenomenon called subsurface decay.
5:41:50PM And what they have observed is that even though fluoride by
5:41:56PM toughening the tooth Emmanuel keeps the cavities low, what
5:42:01PM happens, you get subsurface decay and if people miss getting
5:42:04PM to the dentist every six months to a year, which is a lot of
5:42:08PM people these days.
5:42:09PM These is the bottom line of the economy we have been saddled
5:42:13PM with for now, well, Clinton himself said 30 years, and the

5:42:19PM thing is, you're all of a sudden crunch, there goes the
5:42:25PM whole tooth.
5:42:26PM So fluoride is not the beautiful wonderful thing that you
5:42:29PM hear that it is.
5:42:30PM Now, there's other factors that go with that too.
5:42:32PM But in any case, Dr. Maserski, Masuski -- whatever it is --
5:42:37PM his first name is Jim, I think, he's with civil engineering
5:42:41PM at University of South Florida.
5:42:42PM There should be some working on the tax structure to
5:42:45PM communicate that water is a scarce resource.
5:42:48PM Not the tax structure, the rate structure.
5:42:52PM >>CHARLIE MIRANDA: Don't leave.
5:42:53PM I got ask you a question because I'm not as well-versed in
5:42:56PM engineering as you are and water as you are.
5:42:59PM Is there a phenomenon that in any drinking water, naturally
5:43:03PM there's fluoride without being added to it?
5:43:05PM >> Well, there are places that have natural fluoride and the
5:43:09PM people oftentimes, they're --
5:43:12PM >>CHARLIE MIRANDA: That's all I wanted.
5:43:13PM Thank you very much.
5:43:13PM Have a nice evening.
5:43:15PM Thank you very much.
5:43:15PM Anyone necessary the audience care to speak on item number
5:43:19PM three?
5:43:20PM Any questions by Councilmembers?

5:43:24PM >> Move to close.
5:43:25PM >>CHARLIE MIRANDA: Have a motion to close the hearing by
5:43:27PM Ms. Montelione, second bring Suarez.
5:43:30PM All in favor of the motion, please indicate by saying aye.
5:43:32PM Opposed nay.
5:43:33PM Assume I need a motion to transmit.
5:43:37PM >> So moved.
5:43:38PM >>CHARLIE MIRANDA: Made by Mr. Suarez, second by Mr. Reddick
5:43:41PM to transmit.
5:43:42PM Item number the three.
5:43:43PM All in favor of that motion, please indicate by saying aye.
5:43:44PM Opposed that.
5:43:48PM The ayes have it unanimously.
5:43:48PM Since we -- next one starts at 6:00, we have to wait till
5:43:54PM 6:00, so we'll be in recess for 20 minutes.
5:43:56PM [ RECESS ]
5:43:57PM >>CHARLIE MIRANDA: City Council is called back in session.
6:03:20PM Roll call?
6:03:22PM [Roll Call]
6:03:25PM >>YVONNE CAPIN: Present.
6:03:26PM >>FRANK REDDICK: Here.
6:03:31PM >>MARY MULHERN: Here.
6:03:33PM >>CHARLIE MIRANDA: Let's open the hearings 4 through 15
6:03:36PM pleased.
6:03:37PM Motion bring Mr. Cohen, second by Mr. Reddick.

6:03:40PM All in favor of the motion, please indicate by saying aye.
6:03:42PM The ayes have it unanimously.
6:03:42PM I need a motion to receive and file all the documents we
6:03:46PM received.
6:03:46PM Motion by Mr. Reddick, second by Ms. Mulhern.
6:03:50PM All in favor please indicate by saying aye.
6:03:51PM The ayes have it unanimously.
6:03:52PM Item number 4.
6:03:59PM >> Mr. Chairman?
6:04:01PM >> These are quasi-judicial, I'd ask the witnesses be sworn.
6:04:04PM Also with regard to the hearings that are open for this
6:04:09PM evening, I'd ask that the e-mails and written communication
6:04:13PM that is have been available for public inspection be
6:04:16PM received and filed.
6:04:17PM >>CHARLIE MIRANDA: We have two things.
6:04:18PM First, let's do the second one first.
6:04:21PM Any e-mails or documents received on items 4 through 15,
6:04:24PM need a motion to receive.
6:04:26PM >> So moved.
6:04:26PM >> Second.
6:04:27PM >>CHARLIE MIRANDA: Motion made by Mr. Reddick, second my
6:04:30PM Ms. Mulhern.
6:04:31PM All in favor of that motion please indicate by saying aye.
6:04:33PM Opposed nigh.
6:04:35PM The ayes have it unanimously.

6:04:35PM And the first one again, you want to repeat that?
6:04:41PM >>MARTIN SHELBY: The first one was the public hearing's
6:04:43PM tonight are quasi-judicial.
6:04:45PM >>CHARLIE MIRANDA: Anyone who is going to speak or think
6:04:47PM they're going to speak or might think they're going to speak
6:04:49PM or wants to speak, please on items 4 through 15, please
6:04:54PM stand and raise your right hand and be sworn in.
6:04:56PM [Oath administered by Clerk]
6:05:07PM >>CHARLIE MIRANDA: All right, these are public hearings and
6:05:09PM they are quasi-judicial.
6:05:10PM Item number 4.
6:05:26PM >>ABBYE FEELEY: Abbye Feeley, Land Development Coordination,
6:05:29PM item number four son your agenda is a special why you
6:05:32PM request, 7201 to 7243 North Nebraska Avenue.
6:05:37PM The request before you this evening is for a special use for
6:05:40PM a temporary help agency.
6:05:54PM >> Good evening, Councilmembers, David Hay with your
6:05:57PM planning commission staff.
6:05:58PM And I have been sworn.
6:05:59PM The subject site is located within the northeast corner of
6:06:02PM North Nebraska Avenue and East Crawford Street within the
6:06:05PM central Tampa planning district.
6:06:07PM Also falls within the boundaries of the Seminole Heights
6:06:09PM urban village.
6:06:10PM Next we have the aerial, you can see the commercial uses

6:06:14PM lining Nebraska Avenue and the predominantly single-family
6:06:17PM residential pattern located east of the subject site.
6:06:20PM You can also see Grover Cleveland elementary to the west of
6:06:23PM the subject site.
6:06:26PM And finally we have the future land use map.
6:06:29PM The subject site has two future land use designations, the
6:06:32PM red along Nebraska Avenue is community commercial 35, while
6:06:34PM the pink located on the eastern portion is community mixed
6:06:37PM use 35.
6:06:37PM The yellow to the east is residential 10.
6:06:40PM And the blue color is public quasi-public representing the
6:06:45PM Grover Cleveland elementary school.
6:06:46PM Planning Commission staff found that the proposed special
6:06:48PM use meets a number of policies regarding compatible uses
6:06:51PM within areas designated mixed use core villages.
6:06:55PM Planning commission staff finds the proposed special use
6:06:57PM request consistent with the Tampa comprehensive plan.
6:07:09PM >>ABBYE FEELEY: Thank you, David.
6:07:11PM Abbye Feeley, land development.
6:07:12PM There are two waivers being requested this evening.
6:07:15PM The first is to allow the maneuvering of vehicles in the
6:07:18PM right-of-way for parking spaces located along east Crawford
6:07:21PM street.
6:07:22PM And the second is to reduce the minimum distance separation
6:07:26PM from residentially zoned property from five hundred to zero

6:07:31PM feet on the east.
6:07:32PM From 500 feet to 50 feet for the south, 500 to 150 feet to
6:07:36PM the north and 500 to 210 feet to the west.
6:07:39PM Go ahead and show you little bit more information about the
6:07:46PM site.
6:07:46PM It is an existing strip commercial center and one of the
6:07:51PM tenants is seeking the temporary help agency designation.
6:07:55PM It's located at the northeast corner of Nebraska Avenue and
6:07:59PM Crawford street and surrounded by commercial uses.
6:08:01PM To the north, south and west is single-family residentials
6:08:06PM to the east.
6:08:07PM It was constructed in 1962.
6:08:09PM And the special use is being requested for the unit closest
6:08:13PM to North Nebraska Avenue.
6:08:14PM The current uses is occupying the shopping center with the
6:08:18PM proposed special use would require 45 parking spaces and 55
6:08:22PM spaces are being provided.
6:08:23PM No modifications to the existing structure or the existing
6:08:27PM parking area would occur as part of this request.
6:08:29PM As David showed you, Crawford to the south, Nebraska to the
6:08:38PM west, Hamilton to the north.
6:08:45PM Predominately everything along the Nebraska corridor is the
6:08:49PM CI commercial intensive.
6:08:51PM CI line comes all the way back.
6:08:53PM The strip center is a conforming use there is residential

6:08:56PM single-family immediately adjacent.
6:08:58PM Here's an aerial of the site.
6:09:06PM Here's a photo of the site from Nebraska, looking east.
6:09:16PM Another.
6:09:24PM This is on Crawford.
6:09:28PM A look down towards Crawford.
6:09:30PM This is from Crawford looking north at the shopping center.
6:09:33PM This is the eastern end of the shopping center.
6:09:40PM >> Could you move those up?
6:09:42PM >> I'm sorry.
6:09:43PM Sure.
6:09:43PM Single-family residence on Crawford immediately adjacent to
6:09:52PM the site.
6:09:52PM This is also on Crawford.
6:09:55PM This is the south side of Crawford heading back toward
6:10:02PM Nebraska.
6:10:03PM This is at the southeast corner of Nebraska and Crawford.
6:10:09PM This is the southwest corner across Nebraska and Crawford.
6:10:14PM This is the northwest corner across.
6:10:21PM And I think that was it.
6:10:25PM These are just repeats.
6:10:27PM Based on the special use criteria for a temporary help
6:10:35PM agency which riches that the temporary help agency is
6:10:38PM located 500 feet from a residential use, or residentially
6:10:43PM zoned property, the subject is located within 500 feet to

6:10:47PM the RS-50 and RS-60 district.
6:10:51PM RS-50 is immediately adjacent to the east and 210 feet to
6:10:54PM the west.
6:10:55PM RS-60 is zoned property is directly across Crawford street
6:10:59PM at the southeast corner of the property.
6:11:01PM 50 feet from the site and 150 feet north of the subject
6:11:05PM property.
6:11:05PM The residential properties are developed as single-family
6:11:09PM dwelling units.
6:11:10PM Also listed under the general requirements of code and staff
6:11:13PM findings are some modifications that are required by
6:11:17PM transportation and also natural resources should it be the
6:11:20PM desire of City Council to waive that criteria and allow for
6:11:23PM the special use to proceed.
6:11:24PM Staff is available for any questions.
6:11:29PM >>CHARLIE MIRANDA: Any questions for Councilmembers?
6:11:31PM Ms. Montelione?
6:11:35PM >>LISA MONTELIONE: On the site plan, and this is so I'm not
6:11:40PM confused.
6:11:41PM The project name says SWENDERS sweepstake center.
6:11:51PM This hearing is about...
6:11:56PM >> That use is not currently there.
6:11:58PM >>LISA MONTELIONE: Okay.
6:11:58PM Good.
6:12:01PM >> This was probably based on the site survey but that

6:12:03PM tenant is not occupying the space.
6:12:07PM >>LISA MONTELIONE: On with the other questions that I have.
6:12:08PM The parking that's along the side street, that's been
6:12:19PM existing for a while?
6:12:22PM It looks to me.
6:12:23PM And that's where the house is, the residential is right next
6:12:28PM door.
6:12:30PM And the unit you said is the one closest to Nebraska Avenue,
6:12:34PM so it would be where, looks like sheer expressions is maybe
6:12:41PM in this picture?
6:12:44PM >>CATHERINE COYLE: Yeah, it's my understanding, the
6:12:45PM applicant is here.
6:12:49PM This is marked as the unit on the site plan.
6:12:53PM There is a house here --
6:12:55PM >>LISA MONTELIONE: So it wouldn't be the unit that is
6:12:57PM closest to the residential.
6:12:58PM Would be actually the unit that's furthest away.
6:13:01PM But you need to have the 500 reduced to zero because it's
6:13:04PM the entire building?
6:13:05PM >> Yes.
6:13:06PM The entire shopping center.
6:13:07PM >>LISA MONTELIONE: Got it.
6:13:08PM Okay.
6:13:08PM So I just wanted to be clear which unit we're talking about.
6:13:15PM Something that concerns me, can you define for me the

6:13:21PM temporary help agency -- this going to be like day labor,
6:13:25PM professional services?
6:13:26PM What is this?
6:13:27PM Like home health aides, that sort of thing?
6:13:32PM >>CATHERINE COYLE: The code doesn't require that they
6:13:35PM indicate to us what type of temporary help agency.
6:13:39PM I mean, I would assume it could run the gamut.
6:13:43PM >>LISA MONTELIONE: Isn't there a definition though
6:13:44PM difference between the two?
6:13:46PM >>CATHERINE COYLE: No, there's not.
6:13:48PM >>LISA MONTELIONE: I thought in the state code that, I
6:13:51PM thought it did.
6:13:51PM Okay.
6:13:54PM >>CATHERINE COYLE: Not in the zoning code for the purposes
6:13:56PM of the special use or the conditional use.
6:14:00PM >>LISA MONTELIONE: Didn't we talk about that, the
6:14:02PM definition?
6:14:09PM >>LISA MONTELIONE: Thank you very much.
6:14:10PM The reason I'm asking is because the differences that folks
6:14:18PM who are being called for say a home health aide, temporary
6:14:22PM help type of situation or even a temporary service,
6:14:26PM secretarial type thing or clerical type work, they usually
6:14:30PM don't come to the location, just, you know to take a test
6:14:35PM tore interview, and that kind of thing.
6:14:37PM They're at home, somebody calls them, can you make it this

6:14:39PM day, that day, whatever?
6:14:41PM But with a day labor situation, they're, they actually --
6:14:47PM laborers come to the location and wait for an assignment.
6:14:51PM So I guess, why I'm asking for the definition and what type
6:14:55PM of service this would be is to determine whether or not we
6:15:00PM would have a lot of people in and out of this location, or
6:15:06PM potentially waiting in the parking lot, like I --
6:15:10PM >>CHARLIE MIRANDA: Sir, sir, sir, this is the conversation
6:15:14PM between staff and Councilmember.
6:15:16PM You will have 15 minutes to present your case and five
6:15:19PM minutes for rebuttal after the public speaks.
6:15:21PM I just want you to -- thank you very much.
6:15:24PM Continue please.
6:15:28PM >> Let me pull the code for you.
6:15:30PM >>LISA MONTELIONE: Well, my next would be hinged upon what
6:15:35PM the answer to this one is.
6:15:39PM >>CHARLIE MIRANDA: Mr. Suarez?
6:15:41PM >>MIKE SUAREZ: Thank you.
6:15:42PM Ms. Feeley?
6:15:44PM You want to go on and do definition?
6:15:47PM I'll ask the question.
6:15:48PM >>ABBYE FEELEY: Per the definition of temporary help agency,
6:15:51PM it is any corporation, partnership or business of any kind
6:15:54PM whatsoever which for a monetary consideration is primarily
6:15:57PM engaged in supplying workers from a pool of potential

6:16:01PM employees located on its premises and directly dispatches
6:16:05PM these employees to another corporation, partnership or
6:16:08PM business of any kind or to a private individual on a
6:16:10PM temporary basis, whether the employees are to work a full
6:16:13PM time or part time schedule, providing however that this
6:16:17PM definition shall not apply to agencies which provide
6:16:19PM professional employees who are licensed and regulated by the
6:16:23PM state to other businesses on a temporary basis.
6:16:26PM >>LISA MONTELIONE: So it would not include like home health
6:16:29PM aides or PRNs, RNs?
6:16:34PM >>ABBYE FEELEY: Correct.
6:16:35PM >>LISA MONTELIONE: So then my concern is if there are going
6:16:37PM to be people arriving there and then waiting for an
6:16:39PM assignment to be sent out, that there's enough square
6:16:46PM footage of this location that they can wait inside and not
6:16:49PM outside?
6:16:53PM And what hours of operation would there be?
6:16:57PM >>ABBYE FEELEY: To the best of my knowledge, the conditional
6:17:01PM use criteria do not require that they're housed inside or
6:17:06PM outside.
6:17:07PM So we did not review the application under those auspices.
6:17:11PM But the applicant is here and could speak to that.
6:17:13PM Nor does it require specific hours of operation.
6:17:16PM I can testify there are not hours of operation on the site
6:17:19PM plan for this conditional use.

6:17:21PM Should that be the pleasure of Council, you could ask the
6:17:24PM applicant if they would be amenable to hours or whatever and
6:17:27PM that conditional use could then incorporate those hours.
6:17:31PM >>LISA MONTELIONE: Thank you.
6:17:33PM >>CHARLIE MIRANDA: Mr. Suarez?
6:17:34PM >>MIKE SUAREZ: Thank you, chair.
6:17:35PM Ms. Feeley, on the first waiver that you have here, and I,
6:17:40PM you know, the I may be wrong about this, but I don't think
6:17:43PM we have seen where we have a applicant that has enough
6:17:46PM parking that now wants to eliminate, not eliminate, but I
6:17:50PM guess is to allow the maneuvering of vehicles in the
6:17:53PM right-of-way.
6:17:54PM What does that mean?
6:17:55PM >>ABBYE FEELEY: That means that spaces that are currently
6:17:57PM backing out onto a street, that the waiver would allow them
6:18:01PM to continue to do that and not have to get rid of those
6:18:04PM spaces.
6:18:04PM And that's based on existing conditions on the plan.
6:18:09PM Those spaces that I showed you in my photo that are right
6:18:14PM here a-- see how they are?
6:18:17PM How the wheel stops.
6:18:19PM Those five would then back up.
6:18:21PM Give me just a second.
6:18:28PM I think I had a better shot of that.
6:18:59PM >>MIKE SUAREZ: We got the gist of it.

6:19:01PM I just was curious.
6:19:02PM I just have never seen that before.
6:19:06PM >>ABBYE FEELEY: On MacDill, I think one we did on
6:19:09PM MacDill recently had the same thing, where the two end
6:19:12PM spaces you couldn't actually ma knife on the private
6:19:15PM property to function in the spaces.
6:19:17PM So we do utilize that waiver that allows them to maintain
6:19:20PM these spaces in the right-of-way.
6:19:22PM >>MIKE SUAREZ: And in the second waiver that we have on
6:19:24PM here, because right now there's zero feet between the
6:19:30PM building and residential, is that what it is?
6:19:33PM >>ABBYE FEELEY: Yeah, the same area of the existing building
6:19:37PM is immediately adjacent to residential to the east.
6:19:40PM So that makes it a zero foot separation.
6:19:43PM This actually to the residentially zoned lot, not to the
6:19:46PM use.
6:19:47PM Or the structure.
6:19:49PM >>MIKE SUAREZ: Was the structure just built before we had
6:19:51PM those rules or what was the reason for it being at a zero?
6:19:56PM >>ABBYE FEELEY: Oh, no.
6:19:57PM The conditional use, the special use criteria states that
6:20:01PM it's 500-foot separation from a residentially zoned piece of
6:20:05PM property.
6:20:05PM So, giving that there are they're abutting, there's a with
6:20:12PM zero separation.

6:20:13PM >>MIKE SUAREZ: Thank.
6:20:14PM >>CHARLIE MIRANDA: Any more questions?
6:20:15PM Okay, petitioner.
6:20:16PM That's you.
6:20:18PM You're the petitioner.
6:20:20PM Unless you want me to speak on your behalf.
6:20:22PM >> You could.
6:20:22PM I'm not passion interest either way about this situation.
6:20:27PM >>CHARLIE MIRANDA: Well, you have, let me explain.
6:20:28PM And I apologize, note trying to be anywhere but helpful to
6:20:33PM you.
6:20:33PM You have 15 minutes to present your case, at which time
6:20:36PM we'll go to the public and ask if anyone would like to
6:20:40PM speak.
6:20:41PM >> I'm just from a fact pattern.
6:20:42PM It's a day labor company.
6:20:45PM >>CHARLIE MIRANDA: First of all, let's not start until you
6:20:47PM give your name and address and we go from there, okay?
6:20:51PM >> Angelo, 4415 Carrollwood Village Drive, Tampa, Florida,
6:20:56PM 33618.
6:21:00PM >>CHARLIE MIRANDA: You have 15 minutes.
6:21:01PM >> So it is a day labor company.
6:21:03PM Do come there during the mornings.
6:21:05PM They clean the Bucs stadium when the Bucs are there and for
6:21:08PM different day labor activity.

6:21:09PM When they stay or go is really up to you guys.
6:21:13PM I don't know if there's anything to present.
6:21:15PM We have to keep the bearings, to have the license.
6:21:18PM They've been there two years without a license.
6:21:22PM The day laborers generally stay in the Laundromat when
6:21:25PM they're not at a job.
6:21:27PM So we have mounted ten cameras on the site and we send
6:21:32PM people over there tow tell them they can't hang around.
6:21:35PM That's pretty much it.
6:21:36PM But you guys can decide whether it's acceptable and whether
6:21:39PM the neighbors are unhappy with the situation.
6:21:41PM All right?
6:21:41PM That's it.
6:21:42PM >>CHARLIE MIRANDA: Mr. Reddick?
6:21:44PM >>FRANK REDDICK: Sir?
6:21:47PM >>CHARLIE MIRANDA: Mr. Angelo, we have a question by
6:21:49PM Councilmember.
6:21:51PM >>FRANK REDDICK: I'm a little confused.
6:21:53PM Are you the petitioner?
6:21:54PM >> I am the owner of the property.
6:21:55PM The tenant refused to pay the fee to get the variance.
6:21:58PM So they want the license now and, they actually did -- same
6:22:08PM tendency.
6:22:09PM So they asked me to do it for them.
6:22:11PM They were going to present a person to present their case

6:22:13PM and he didn't show.
6:22:14PM So --
6:22:15PM >>CHARLIE MIRANDA: I understand.
6:22:17PM >>FRANK REDDICK: Thank you.
6:22:19PM >>CHARLIE MIRANDA: We now go to the audience.
6:22:21PM And you'll have five minutes to rebut anything that
6:22:23PM anybody's going to say.
6:22:26PM All right, anyone in the audience care to speak on item
6:22:28PM number 4?
6:22:29PM Item number 4.
6:22:31PM Anyone care to speak on this item?
6:22:33PM Please come forward.
6:22:36PM If you're going to speak, just line up so we can make this
6:22:39PM as expeditiously as possible.
6:22:42PM Yes, ma'am, you have three minutes.
6:22:43PM >> Kelly young.
6:22:44PM I live 1425 east Crawford street.
6:22:46PM I've lived on Crawford for 30 years.
6:22:48PM I've seen that strip mall change throughout the years.
6:22:52PM There is a methadone clinic there now.
6:22:56PM And I don't understand how they're going to share all these
6:22:59PM parking spaces, because it's packed in the morning from
6:23:02PM 4:00 in the morning till about 3:00 in the afternoon.
6:23:05PM The neighborhood is starting to come back.
6:23:15PM We have got businesses and restaurants trying to make a

6:23:18PM better neighborhood.
6:23:21PM We're going to have day laborers there.
6:23:23PM We already have had a homeless camping out at the pawn shop
6:23:28PM that is next door.
6:23:30PM And they were there for a good month before the police
6:23:32PM finally rousted them.
6:23:34PM I just don't think this is a good fit for a neighborhood
6:23:38PM that's struggling to come back and make a good name for
6:23:42PM themselves.
6:23:42PM And change the character of the neighborhood.
6:23:45PM Think this is only going to bring us back down to where we
6:23:48PM were.
6:23:48PM The city has done a great job of clearing out the
6:23:51PM prostitutes.
6:23:51PM But now we're going to have day laborers?
6:23:55PM Exact same area.
6:23:57PM I respectfully request that you deny this.
6:24:03PM Thank you.
6:24:04PM >>CHARLIE MIRANDA: Thank you very much, ma'am.
6:24:05PM Next please?
6:24:10PM >> My name is Emily Greenwell, 1422 East Crawford Street.
6:24:16PM I too would like for you to deny this request for the
6:24:20PM variance.
6:24:21PM The neighborhood is on the way up and it's a place that
6:24:24PM people not only live, but have come to enjoy being there.

6:24:29PM There are many businesses that have moved into the area.
6:24:32PM And particularly for me personally, I have two children.
6:24:37PM They're five years old and 11.
6:24:38PM And I just really don't want the people that may be using
6:24:42PM this business -- already it's scary, you know.
6:24:51PM As a mother, I am apprehensive to have my 11-year-old child
6:24:54PM even ride his bike very far, much less pass people who are
6:24:59PM transient and camping out in the Laundromat or sleeping in
6:25:03PM the woods right across the street, which is what we've had
6:25:07PM in the past.
6:25:08PM Another thing that I think is not good about this, you can
6:25:14PM see Cleveland elementary school from the site.
6:25:17PM There's a crosswalk from, right from right in front of the
6:25:22PM strip mall heading towards the school.
6:25:25PM I don't think that's appropriate either, for inviting more
6:25:29PM people that are transient and there from before daybreak
6:25:33PM until late in the day and who might be sleeping there.
6:25:36PM So, furthermore, I learned about this request for the
6:25:41PM variance by a sign that was posted in front of the site.
6:25:46PM That was about a month ago.
6:25:47PM The sign has not been there for the last two weeks.
6:25:51PM I've been keeping an eye out.
6:25:53PM I didn't receive any other notification.
6:25:55PM I live about five blocks away, maybe that's too far to have
6:25:59PM been notified personally.

6:26:02PM When I did bring this up to a group of neighbors within the
6:26:06PM last week, most people did not know about it.
6:26:09PM And I would request that your ruling on this be delayed
6:26:13PM until more people this the neighborhood are aware of the
6:26:16PM situation, and can express their feelings.
6:26:18PM Based on the fact that the sign hasn't been there.
6:26:23PM >>CHARLIE MIRANDA: Hold the time one second.
6:26:24PM I'm not an attorney, but I think the rule says that the
6:26:26PM petitioner's obligation is to post a sign.
6:26:37PM We post a sign and if it disappears, it's not the
6:26:41PM petitioner's fault.
6:26:42PM I'm not trying to be an attorney, but I think that's what
6:26:45PM the rules say.
6:26:48PM >> Nonetheless, we don't have enough information or feedback
6:26:53PM from the community to deny this anyway, I would ask that you
6:26:56PM delay your ruling until more of the neighborhood can
6:27:01PM understand and let you know their thoughts.
6:27:04PM >>CHARLIE MIRANDA: Thank you very much.
6:27:04PM >> Thank you.
6:27:07PM >>CHARLIE MIRANDA: Legal department, just one second.
6:27:10PM Can you verify that all the notices were sent within
6:27:14PM 250 feet?
6:27:18PM >>JULIA MANDELL-COLE: Julie Mandell, legal department.
6:27:20PM The notices were sent.
6:27:23PM Five blocks away would be outside that notice area.

6:27:26PM Just to reiterate what Mr. Miranda said, yes, it was
6:27:30PM obligation to post a sign and do an affidavit, the ongoing
6:27:34PM posting.
6:27:35PM There's no ongoing posting obligation for the code.
6:27:39PM So they've met code in terms of notice and it's appropriate.
6:27:43PM >>CHARLIE MIRANDA: Before I go to Ms. Montelione, anyone
6:27:45PM necessary the audience who care to speak who has not spoken
6:27:48PM yet on this item number 4?
6:27:50PM I see no one.
6:27:51PM Ms. Montelione?
6:27:53PM >>LISA MONTELIONE: Thank you.
6:27:54PM I'm looking at the pictures, I'm trying to determine the
6:28:01PM tenant in the business, one in this shopping center, one of
6:28:07PM the neighborhood residents, and I'm sorry, I don't remember
6:28:12PM your name, said something about a methadone clinic being
6:28:20PM located there?
6:28:21PM >>JULIA MANDELL-COLE: I heard that as well.
6:28:22PM I would caution you to be careful not to make that part of
6:28:24PM your discussion or consideration.
6:28:26PM You may have somebody go out and investigate whether or not
6:28:28PM it is supposed to in compliance with our pain management
6:28:31PM clinic or regulation, so I think at this point it would be
6:28:34PM better for us to go through that investigation --
6:28:36PM >>LISA MONTELIONE: The reason I bring that up is because in
6:28:38PM the staff report on page five, number five, letter B, it

6:28:44PM says the agency shall not be within one thousand feet of any
6:28:47PM other such agency or a blood donor center.
6:28:50PM So that just in my mind is compatibility, and you know, in
6:28:55PM the spirit of what this is talking about, so that's why I
6:28:58PM ask.
6:29:00PM >>JULIA MANDELL-COLE: That's the thing.
6:29:00PM I'm concerned that we don't know, is this quote a methadone
6:29:04PM clinic, is it a pain management clinic?
6:29:08PM And if it is a pain management clinic and falls under that
6:29:11PM definition, they will be obligated to get a separate
6:29:13PM business license and so I think we should allow staff and
6:29:19PM I've asked Ms. Feeley to go out and direct their appropriate
6:29:22PM persons to investigate whether or not that is a legitimate
6:29:25PM pain management clinic and whether or not it's received any
6:29:28PM kind of additional requirement that some form of methadone
6:29:33PM clinic, they may also need to get some additional permits
6:29:37PM and requirements.
6:29:38PM So the provision that you read can't be I guess in that
6:29:41PM stretched out to fall within those two definitions.
6:29:44PM But while I'm up here, I do think it's appropriate to say,
6:29:48PM one of the waivers on your site that's being requested is a
6:29:51PM waiver from residential.
6:29:54PM And it's down to zero.
6:29:55PM And you have got some testimony from some neighbors in the
6:29:57PM sense about how close that they reside to this

6:30:00PM establishment, so certainly that could be part of your
6:30:03PM consideration moving forward.
6:30:05PM >>LISA MONTELIONE: Okay.
6:30:06PM And one other thing I heard was that, it was there the
6:30:11PM petitioner actually, I mean the property owner, was that
6:30:15PM this business has been operating there already?
6:30:18PM And they did not -- I know the residents are referring to it
6:30:22PM as, they're asking for a variance.
6:30:24PM This isn't a variance.
6:30:25PM This is a special use that we'd be granting here.
6:30:31PM Is this business already operating there?
6:30:33PM >>ABBYE FEELEY: Yes, and it was under code violation.
6:30:36PM It was brought to their attention that it did require a
6:30:38PM conditional use.
6:30:39PM It was applied for last year.
6:30:41PM I have the case file here.
6:30:42PM It misnoticed two times in a row and per code, was
6:30:45PM withdrawn.
6:30:46PM Because the provision of code says if you miss notice or do
6:30:50PM not perfect notice two consecutive hearings in a row, then
6:30:54PM you're withdrawn.
6:30:55PM And then you have to wait a period of time before you can
6:30:57PM resubmit.
6:30:58PM So they have now resubmitted same application that was
6:31:00PM withdrawn under our procedures, and is now before you.

6:31:07PM >>LISA MONTELIONE: So I guess what I find interesting then
6:31:11PM is that this has been ongoing for at least a couple of
6:31:19PM years.
6:31:20PM That they knew that they had to make this application, and
6:31:26PM they didn't get it because they didn't notice properly.
6:31:30PM I just find that interesting.
6:31:32PM All right.
6:31:32PM Thank you.
6:31:34PM >>CHARLIE MIRANDA: Any other Councilmembers?
6:31:36PM Petitioner, you have five minutes to rebuttal.
6:31:39PM Do you care to speak?
6:31:40PM You're certainly welcome to use five minutes.
6:31:42PM >> That's my fault.
6:31:44PM I messed up in the Seminole Heights had a association to
6:31:48PM send it to.
6:31:49PM So I screwed up the mail.
6:31:51PM That's why we were unsuccessful.
6:31:52PM I got it right this time.
6:31:53PM But listening to the neighbor, I'd rather my neighbors be
6:31:56PM happy than my tenants, so if you feel their view is more
6:32:00PM important, don't grant the variance.
6:32:02PM >>CHARLIE MIRANDA: You're a very nice man, thank you very
6:32:05PM much.
6:32:05PM [ Laughter ]
6:32:07PM >>CHARLIE MIRANDA: It might be Christmas before December.

6:32:09PM I have a motion to close public hearing by Ms. Mulhern,
6:32:14PM second by Mr. Reddick.
6:32:16PM All in favor of that motion, please indicate by saying aye.
6:32:20PM The ayes have it unanimously.
6:32:20PM What's the pleasure of the Council?
6:32:22PM Ms. Montelione?
6:32:23PM >>LISA MONTELIONE: Sir, I would move to deny the applicant.
6:32:27PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
6:32:30PM by Mr. Reddick.
6:32:32PM Would you please just state why.
6:32:35PM >>LISA MONTELIONE: Well, one of the waivers that's being
6:32:38PM requested is to reduce the minimum distance separation from
6:32:42PM residentially zoned property from 500 feet to zero.
6:32:47PM That's citing section 27-272 A.
6:32:51PM We have had residents in the area testify to its adverse
6:32:59PM impact on the neighborhood.
6:33:02PM Also that we have operations, the first waiver operation to
6:33:09PM maneuver vehicles in the right-of-way parking spaces,
6:33:12PM section 27-246 cone second.
6:33:20PM Thank you, Harry, but not know.
6:33:22PM Section 27-269, general standards, the use is compatible
6:33:28PM with contiguous and surrounding property or the use is a
6:33:31PM public necessity.
6:33:35PM For those reasons, I am siding for denying the applicant.
6:33:41PM >>HARRY COHEN: Second.

6:33:42PM >>CHARLIE MIRANDA: That was original motion was
6:33:44PM Ms. Montelione, second by Mr. Reddick, with three more
6:33:47PM second.
6:33:48PM >>LISA MONTELIONE: I want to add one more thing.
6:33:50PM Also section 27-269, number one the use will ensure the
6:33:54PM public health, safety and general welfare.
6:33:57PM I don't believe that this would do any of those things.
6:34:01PM >>CHARLIE MIRANDA: Thank you very much.
6:34:01PM We have a motion on the floor made by Ms. Montelione, second
6:34:05PM by Mr. Reddick.
6:34:06PM All in favor of the motion, please indicate by saying aye.
6:34:08PM Opposed nay.
6:34:10PM Motion passes unanimous --
6:34:13PM >> Been denied.
6:34:14PM >>CHARLIE MIRANDA: Thank you all very much for attending.
6:34:16PM Okay, we go to item number five.
6:34:21PM Yes, ma'am?
6:34:25PM >> Item number five and six go together.
6:34:29PM It's a special use request for alcohol and a parking lot.
6:34:33PM The parking lot I believe we should probably do first, if we
6:34:38PM would move item number 6 first because it provides the
6:34:41PM required parking for the alcohol.
6:34:42PM So if we could do that and have that be heard, then that
6:34:47PM would clean the alcohol up.
6:34:59PM >>CHARLIE MIRANDA: All right.

6:34:59PM All those that came in, if you're going to speak on any of
6:35:02PM these items, five through 15, you got to be sworn in.
6:35:06PM I don't know if you are or not.
6:35:08PM If you plan on speaking on items five through 15, please
6:35:11PM stand up, raise your right hand and get sworn in.
6:35:13PM [Oath administered by Clerk]
6:35:27PM >>ABBYE FEELEY: So item 6 on your agenda is V 12-319 located
6:35:32PM at 1716 North A Street and it is a special use request for
6:35:36PM parking off-street commercial.
6:35:46PM >> Good evening, Councilmembers, David Hay with your
6:35:49PM Planning Commission staff again and I have been sworn.
6:35:52PM This subject site is located at the south side of west North
6:35:55PM A Street.
6:35:56PM Just west of Rome Avenue within the central Tampa planning
6:36:00PM district.
6:36:01PM Next we have the aerial.
6:36:04PM You can see the subject site is in the center of the map.
6:36:07PM You can see the commercial and office uses lining West
6:36:13PM Kennedy Boulevard.
6:36:14PM We have the neighborhood Walmart to the east of the subject
6:36:17PM site.
6:36:17PM You can also see the light industrial and office uses lining
6:36:20PM north Rome.
6:36:21PM Finally we have the future land use map.
6:36:26PM The subject site and properties to the north and west are

6:36:29PM designated residential 35.
6:36:31PM We have urban mixed use 60 to the south of the subject site
6:36:36PM along Kennedy Boulevard.
6:36:37PM To the east is general mixed use 24.
6:36:39PM Planning Commission staff found that the proposed special
6:36:42PM use is consistent with the number of policies regarding
6:36:45PM commercial uses, neighborhood protection and economic
6:36:47PM development.
6:36:48PM Therefore, Planning Commission staff finds the proposed
6:36:50PM special use request consistent with the Tampa comprehensive
6:36:53PM plan.
6:37:00PM >>ABBYE FEELEY: Thanks, David.
6:37:01PM If I could leave this up for just a minute.
6:37:10PM Let me show you here because it's kind of an interesting
6:37:14PM situation.
6:37:14PM Although you may not find it too interesting.
6:37:17PM Okay, so the future land use map David just showed you here,
6:37:33PM there's a brown, the brown and the purple.
6:37:37PM This one piece mid block that you see here also, the PD to
6:37:41PM the west of here is the Solomon Trop parking lot that goes
6:37:45PM all the way back to north A.
6:37:47PM And this piece here, these two pieces here that are CG are
6:37:51PM already a parking lot.
6:37:52PM So when we first saw this come in to our offices, we said
6:37:56PM oh, we can just partner it with the piece that is CG and

6:38:00PM make it all CG and then they can have the parking lot by
6:38:03PM right.
6:38:04PM But the weird thing is that it's brown underneath, which
6:38:06PM means it's R 20 and you can't have CG.
6:38:09PM So we have to do a special use for just that one sliver of
6:38:13PM the parking lot.
6:38:13PM So it's kind of a little bit of a conundrum to give you a
6:38:17PM little background there.
6:38:18PM On your site plan you see before you, you see part of a
6:38:21PM parking lot, which is all of that CG.
6:38:24PM And then one or two rows of parking that is actually the
6:38:27PM special use.
6:38:28PM So, just to give you a little background on that, this is
6:38:32PM kind of helpful because it would make sense to try to put it
6:38:36PM with the CG, but because of the underlying land use, we
6:38:39PM can't bump it up that high.
6:38:40PM I don't know why it kind of hung out there.
6:38:44PM But, that being said, we'll move on.
6:38:46PM This is a request for special use for a parking off-street
6:38:51PM commercial.
6:38:53PM There are two waivers.
6:38:54PM One is to allow the commercial property, which the parking
6:38:58PM serves to be separated by an alley.
6:39:00PM This is an alley between the properties on Kennedy and the
6:39:03PM north A frontage.

6:39:04PM Although you'll see on your site plans this parking lot will
6:39:08PM have no access on north A.
6:39:11PM The piece it goes with does have access on north A.
6:39:15PM But it also has access through the alley.
6:39:18PM And then to allow the parking to extend more than 100-foot
6:39:22PM from the boundary.
6:39:23PM You may recall this from previous applications we have done.
6:39:27PM The lot is 161 feet deep.
6:39:33PM And that plus the depth of the alley puts us at 178 feet for
6:39:37PM the parking area.
6:39:38PM Let me just correct myself.
6:39:45PM There will no access on north A.
6:39:47PM The access will be on the alley.
6:39:49PM The request -- it's R-35 land use.
6:40:01PM Sorry on that.
6:40:02PM This would allow for 16 parking spaces to be combined with
6:40:06PM the other parking lot.
6:40:07PM The subject property is 50 by 161.175 or 8,000 square feet.
6:40:13PM There's no proposed access off of north A.
6:40:17PM All the access will be off the alley.
6:40:19PM Let me go ahead and show you the site.
6:40:25PM The aerial.
6:40:26PM We just discussed, that is Solomon Trop just to the west.
6:40:31PM The property this would serve would be the subject of the
6:40:34PM next application, would be this building here, is, was

6:40:38PM formerly raging cajun.
6:40:40PM It is currently vacant.
6:40:43PM This property here is the new site of Primrose school.
6:40:46PM To put in context of where we are.
6:40:49PM I think David mentioned to you the neighborhood Walmart here
6:40:53PM and Wendy's Taco Bell area there.
6:40:55PM I already showed you PD to the west of here.
6:40:59PM CG.
6:40:59PM Everything else is IG or CI along Kennedy.
6:41:05PM And RM-16 back from this red line heading west.
6:41:10PM So immediately adjacent on this side would be the IG.
6:41:14PM Here's a picture of the property.
6:41:22PM From north A looking south.
6:41:24PM Back toward Kennedy.
6:41:26PM It's currently fenced.
6:41:32PM This is moving east along north A.
6:41:35PM Another photo.
6:41:36PM This is that CG portion.
6:41:38PM This is immediately -- oops, let me go back one.
6:41:44PM There's some parking there.
6:41:46PM And then you have a host of different industrial uses.
6:41:52PM This is from the alley looking back toward north A.
6:41:57PM This is along the alley looking south toward Kennedy.
6:42:00PM This is immediately to the west of the site, which is
6:42:09PM Solomon Trop I've referred to, parking lot a few times on

6:42:13PM North A.
6:42:14PM This is north of the site along North A heading back toward
6:42:18PM the west.
6:42:18PM And then I did refer to the site that it would serve off of
6:42:30PM Kennedy.
6:42:30PM It does already have some surface parking adjacent to that
6:42:35PM as well.
6:42:36PM There are a few modifications that need -- there are no
6:42:42PM modifications that need to be made to the site plan.
6:42:44PM Everything is ready to go.
6:42:46PM The special use criteria can be found on page four of my
6:42:50PM staff report.
6:42:50PM And staff did find the request consistent.
6:42:52PM >>CHARLIE MIRANDA: Any questions from Councilmembers?
6:43:02PM Thank you.
6:43:05PM Petitioner?
6:43:08PM >> Good evening, Council.
6:43:09PM My name is Joseph Diaz, 2522 West Kennedy Boulevard and I
6:43:14PM have been sworn.
6:43:14PM The reason for this application is, rises because of the
6:43:18PM next application that you're going to be seeing, which is
6:43:20PM the alcoholic beverage.
6:43:21PM And when we then filed this application, we will satisfy the
6:43:25PM parking requirement under the other application.
6:43:28PM We wanted to do it as a CG.

6:43:31PM We couldn't.
6:43:32PM So this was the only avenue that we could use to use it for
6:43:34PM a parking lot, to tie it back to the next application.
6:43:37PM We would request your approval on it.
6:43:45PM >>CHARLIE MIRANDA: Any questions for Councilmembers?
6:43:47PM Anyone in the audience care to speak on this item?
6:43:50PM Item number six first.
6:43:55PM >> Charlie Miranda, Frank Reddick, Councilmembers, I'm
6:43:59PM Wesley Weissenburger, 1919 North A Street.
6:44:03PM I have been sworn.
6:44:04PM I've lived in the neighborhood for over 20 years.
6:44:08PM And the north Hyde Park civic association with Robert Allen
6:44:13PM president, we would request that this is denied.
6:44:17PM First of all, you can talk anything you want about access to
6:44:22PM North A.
6:44:23PM But this is going to be involved, the whole package deal is
6:44:26PM going to be involving liquor.
6:44:29PM Late at night, in the evening, people even parking on our
6:44:34PM residential street and we had problems in the past with the
6:44:39PM club Atlanta, took us 13 years to get that bar out of there.
6:44:43PM On North A Street, late at night, once you finish drinking
6:44:48PM and boozing, you're going to head up to Howard Avenue.
6:44:52PM And we have had head-on collisions right at that
6:44:55PM intersection on the corner of North A and Freemont where the
6:45:00PM trooper was T-boned.

6:45:02PM Where people do not stop.
6:45:03PM They come through that street, step on it and we have had
6:45:06PM collisions.
6:45:06PM There are two stop signs -- theater, people will go through
6:45:11PM both of them.
6:45:13PM The second thing is, there are people in the middle of the
6:45:18PM night in every community, but you have one bar, the Kiki
6:45:23PM across the street with the male prostitutes work that
6:45:26PM street.
6:45:26PM We know that for a fact.
6:45:28PM We have been trying to get that bar closed for many years.
6:45:31PM The people park on those streets.
6:45:33PM They meet their tricks there.
6:45:36PM And any way you look at it, they will be hanging around in
6:45:40PM our neighborhood.
6:45:41PM This is a residential area.
6:45:43PM Yes, it's improving.
6:45:45PM Yes, we'd like to see business come and everything else.
6:45:48PM But we have to protect our citizens.
6:45:51PM And anything involved with Kennedy will come off North A.
6:45:55PM There is a school across the street that's brand new the you
6:45:58PM can see it, it was brought up to your attention.
6:46:02PM No matter what age, it's still a school.
6:46:04PM And it's close proximity to their property.
6:46:07PM The university, their students, bless their heart, love to

6:46:14PM drink at night.
6:46:15PM There's one bar over at the Cass Street where the university
6:46:18PM students are hanging out, walking straight across the street
6:46:21PM in the middle of the night, intersection, couldn't care less
6:46:23PM if they get run over or not.
6:46:28PM Same situation will occur here.
6:46:29PM I believe or we believe the students will be coming up.
6:46:32PM We wish it was, it's turned down.
6:46:36PM We do not want any more liquor, any more booze in that area.
6:46:41PM Restaurants or any other business, please, we do not want to
6:46:45PM have any more of this type of problem in our community.
6:46:49PM For the booze, the traffic, and thank you very much for your
6:46:54PM time.
6:46:55PM >>CHARLIE MIRANDA: Thank you very much, sir.
6:46:56PM Anyone else in the audience care to speak on this item?
6:46:59PM Item number six?
6:47:01PM Petitioner, you have five minutes for rebuttal.
6:47:06PM >> Council, first of all, there will be no access off of
6:47:09PM this property onto North A Street.
6:47:11PM The access of this property is through the alley and back
6:47:15PM out to Kennedy.
6:47:16PM Secondly, I think when we get to the alcoholic beverage
6:47:20PM request, you're going to see that we're not a late hour
6:47:23PM establishment.
6:47:24PM And we meet all of the city hour requirements for closing

6:47:29PM related to a restaurant use.
6:47:30PM We're not asking for any time waivers whatsoever.
6:47:33PM So we're not going to be here at no 3:00 in the morning or
6:47:37PM anything near that.
6:47:43PM >>CHARLIE MIRANDA: Ms. Montelione?
6:47:50PM >>LISA MONTELIONE: I'm guessing that you, you own the piece
6:47:54PM or your clients own the piece for a while.
6:47:56PM Is there anything that this property could, I mean, be used
6:48:00PM for?
6:48:01PM Is it large enough for any other kind of use?
6:48:07PM >> Ms. Montelione, look, when we look at the Kennedy
6:48:10PM Boulevard parcel, you're going to see there's a one story
6:48:15PM building, the one we want to get the alcoholic beverage use
6:48:18PM on.
6:48:18PM There's kind of like a parking sliver in between it and then
6:48:21PM there is a two-story structure that runs perpendicular to
6:48:25PM Kennedy Boulevard.
6:48:26PM Then you have these three lots in the back.
6:48:32PM And so I guess we could do that, but I guess technically --
6:48:37PM >>LISA MONTELIONE: No, I'm asking if it would be financially
6:48:39PM or otherwise feasible to use this piece of property for
6:48:42PM anything else?
6:48:44PM >> Which piece of property?
6:48:45PM The single lot?
6:48:47PM >>LISA MONTELIONE: Yes.

6:48:50PM Looks like it's going to be stormwater retention.
6:48:53PM >> We're going to use it for some parking and stormwater
6:48:55PM retention.
6:48:56PM If I don't use it for that I don't see anybody building a
6:48:59PM single-family residence in that one lot next to the park,
6:49:03PM next to our commercial CG to the east and next to the
6:49:07PM Solomon parking lot to the west.
6:49:11PM >> One other question.
6:49:15PM What kind of restaurant?
6:49:20PM >> Japanese jazz.
6:49:21PM Sushi, because someone had mentioned a bar, you know.
6:49:28PM >> The next one you're going to see -- it's a restaurant.
6:49:32PM >>LISA MONTELIONE: Ms. Feeley?
6:49:36PM Is this piece, the way this piece is zoned.
6:49:40PM >>ABBYE FEELEY: RM-16.
6:49:41PM >>LISA MONTELIONE: What else could you use it for?
6:49:44PM >>ABBYE FEELEY: A house.
6:49:44PM I don't know that you'd stick a house in between this CG
6:49:47PM industrial piece and the Solomon Trop.
6:49:51PM >>LISA MONTELIONE: I was just wondering, without any
6:49:52PM rezoning or anything else, that's all that could be built
6:49:55PM there is a house?
6:49:57PM Okay.
6:49:57PM That's all I have.
6:49:58PM Thank you.

6:50:00PM >>CHARLIE MIRANDA: Any other Councilmember?
6:50:05PM Thank you very much.
6:50:05PM Need a motion to close on item number 6.
6:50:08PM >> Move to close.
6:50:10PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by
6:50:12PM Ms. Montelione.
6:50:13PM All in favor of the motion, please indicate by saying aye.
6:50:15PM Opposed nay.
6:50:17PM The ayes have it unanimously.
6:50:18PM Although we have heard number six, we haven't heard number
6:50:22PM five.
6:50:23PM They run together.
6:50:25PM >>ABBYE FEELEY: No, they'll be heard.
6:50:28PM >>CHARLIE MIRANDA: We heard six.
6:50:30PM That's the parking lot.
6:50:31PM Right?
6:50:32PM So we have not heard five.
6:50:34PM So is it possible that we can wait or does it have to be
6:50:40PM voted on one at a time or can we hear the other one before
6:50:44PM we vote on six?
6:50:46PM >>MARTIN SHELBY: My suggestion is, I believe it would be
6:50:48PM appropriate for you to vote on this now.
6:50:50PM And if for whatever reason that there's an issue, you do
6:50:53PM have a second reading coming up in two weeks.
6:50:56PM You can address your concerns at that point.

6:50:59PM >>CHARLIE MIRANDA: Okay.
6:50:59PM The hearing is closed.
6:51:02PM Ms. Mulhern?
6:51:07PM >>MARY MULHERN: I'm curious that we're, I mean, it's a
6:51:10PM parking lot, you're asking to rezone this property for
6:51:15PM parking lot.
6:51:20PM >>ABBYE FEELEY: It's a conditional use for commercial
6:51:23PM off-street parking.
6:51:25PM >>MARY MULHERN: Right.
6:51:25PM But it goes with the next one.
6:51:27PM >>ABBYE FEELEY: No, it could be parking.
6:51:29PM I mean, that's it.
6:51:32PM The next one doesn't matter.
6:51:35PM The only thing it matters for the next one is if it has a
6:51:38PM parking waiver or not.
6:51:39PM If you approve the parking as a use, then the parking is the
6:51:43PM use.
6:51:43PM And whether it's serving Solomon Trop or serving another
6:51:47PM office building, it's an off-street commercial parking lot
6:51:51PM for that purpose only.
6:51:53PM >>CHARLIE MIRANDA: Understand.
6:51:55PM >>HARRY COHEN: Just to follow, if we approve this, and we're
6:51:58PM to deny the next application, then there would be a parking
6:52:01PM lot permitted there, but you know, the next application
6:52:07PM could be anything.

6:52:08PM >>ABBYE FEELEY: Yes.
6:52:09PM Because if I put a hair salon on Kennedy, I could use the
6:52:12PM parking lot for personal services at eight spaces per
6:52:16PM thousand.
6:52:17PM A barber shop.
6:52:21PM Get a shave.
6:52:25PM >>CHARLIE MIRANDA: All right.
6:52:25PM The hearing was closed.
6:52:27PM Mr. Suarez?
6:52:28PM >>MIKE SUAREZ: Just a procedural question, Ms. Feeley, when
6:52:31PM you're asking to add on to the agenda, does anyone ever look
6:52:34PM and see that one is for the other or, you know, because
6:52:37PM obviously you asked for us to take six first instead of
6:52:40PM five.
6:52:42PM Procedurally, what -- you understand what I'm asking?
6:52:46PM Why do we have it backward in numerical order?
6:52:53PM >>ABBYE FEELEY: When I send stuff over to the clerk, I don't
6:52:55PM know that the clerk knows.
6:52:56PM Maybe I should do a better job.
6:52:59PM >>CHARLIE MIRANDA: You answered my question.
6:53:00PM You sent it to the clerk.
6:53:02PM >>ABBYE FEELEY: I didn't tell her.
6:53:03PM Usually they show up in numerical order.
6:53:07PM >>CHARLIE MIRANDA: All right.
6:53:07PM We had the hearing closed.

6:53:09PM We had the procedural questions answered.
6:53:11PM Mr. Cohen, would you kindly take number six.
6:53:14PM >>HARRY COHEN: Thank you Mr. Chair.
6:53:14PM I move an ordinance being presented for first reading
6:53:17PM consideration, an ordinance approving a special use permit
6:53:20PM S-2, approving parking off-street, commerce in an RM-16
6:53:25PM residential multi-family zoning district in the general
6:53:28PM vicinity of 1716 North A Street in the City of Tampa,
6:53:32PM Florida, and as more particularly described in section
6:53:35PM 1 hereof; providing an effective date.
6:53:38PM >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, have a second
6:53:41PM by Ms. Montelione.
6:53:43PM Any discussion?
6:53:44PM All in favor of the motion, please indicate by saying aye.
6:53:47PM Opposed nay.
6:53:49PM The ayes have it unanimously.
6:53:49PM Number five we go to.
6:53:52PM >> Motion carried unanimously.
6:53:53PM Second reading and adoption December 6, 9:30 a.m.
6:53:59PM >> Next case is V 12-296.
6:54:27PM Property address is 1719 and 1723 West Kennedy Boulevard.
6:54:35PM Applicant is Sam Shin, Incorporated.
6:54:37PM Development review the application, found consistent with
6:54:40PM the regulations, with minor site plan revisions between
6:54:44PM first and second reading.

6:54:45PM As you've already heard, there are three zoning districts on
6:54:48PM this, CR, CI, CG, proposed alcohol beverage sales for a
6:54:55PM restaurant, beer, wine and liquor, consumption on premises
6:54:55PM only.
6:55:00PM The hours of operation, Monday through Wednesday, 7:00 a.m.
6:55:03PM to 11:00 p.m.
6:55:05PM Thursday through Saturday, 7:00 a.m. to 1:00 a.m., and
6:55:06PM Sundays, 11:00 a.m. to 11:00 p.m.
6:55:08PM They're requesting one waiver.
6:55:12PM And that waiver is to increase the number of compact parking
6:55:14PM spaces from 65 to 85%, for a total of 67.
6:55:19PM Let me show you some of my photographs.
6:55:25PM Same as Ms. Feeley's.
6:55:27PM Again, this is the subject parcel.
6:55:33PM This is the previous lot that you were talking about before.
6:55:36PM This is the subject restaurant building and this is the
6:55:39PM office building that shares the lot with.
6:55:42PM This is a photo of the drive aisle between the two
6:55:52PM buildings.
6:55:52PM Site is occupied by two commercial buildings, two story
6:55:58PM office building, 1723 west Kennedy and subject building,
6:56:01PM which is 1719 West Kennedy Boulevard, which is a one-story
6:56:04PM restaurant.
6:56:06PM Proposed alcohol beverage sales area encompasses 5,596
6:56:12PM square feet, of which 390 will be exterior, which will be

6:56:15PM outside seating restaurant.
6:56:16PM The restaurant proposes an occupant load of 198 people,
6:56:19PM requiring 50 parking spaces.
6:56:21PM Adjacent office building requires 29 parking spaces.
6:56:25PM Site proposes to utilize the existing and additional surface
6:56:29PM parking for this site which will total 79 per your site
6:56:32PM plan.
6:56:32PM The applicant is currently, or was currently an application
6:56:37PM for special use two permit which you just heard, which is
6:56:40PM required as part of this approval for the parking
6:56:42PM performance.
6:56:43PM The require numerous small revisions to the site plan.
6:56:50PM Staff is here if you have any questions.
6:56:52PM >>CHARLIE MIRANDA: Any questions from Councilmembers?
6:56:54PM Ms. Montelione?
6:56:55PM >>LISA MONTELIONE: Eric, you said that it was operating
6:56:58PM hours were 7:00 to 11 and 7:00 to 1:00.
6:57:02PM On the site plan it just says Sunday through Wednesday until
6:57:06PM 11.
6:57:08PM Saturday until 1:00.
6:57:09PM It doesn't have an opening.
6:57:11PM >> That's the way it reads in code.
6:57:13PM I'm reading you the opening hours because that's what is
6:57:16PM code.
6:57:17PM >>LISA MONTELIONE: Okay.

6:57:18PM All right.
6:57:18PM And then the waivers that are on here are going to be
6:57:23PM changed between first and second reading, because they're
6:57:26PM only asking for the one and there are four there.
6:57:31PM >> That's right.
6:57:34PM >>LISA MONTELIONE: That's all I have.
6:57:35PM >>CHARLIE MIRANDA: Anyone else from the city?
6:57:37PM Petitioner?
6:57:40PM I'm sorry, Ms. Capin.
6:57:42PM >>YVONNE CAPIN: Thank you.
6:57:43PM You have 390 square feet outside seating area.
6:57:46PM Again, the issue of amplified music is always on my mind
6:58:02PM when we look at outside seating.
6:58:04PM So maybe they can address that.
6:58:07PM >> That would be good to address that.
6:58:09PM We have not received the floor plan or any plans.
6:58:13PM That would be a good thing to talk to the petitioner about.
6:58:16PM >>YVONNE CAPIN: Thank you.
6:58:18PM >>CHARLIE MIRANDA: Petitioner?
6:58:23PM Council, my name a Joseph Diaz, 2522 West Kennedy Boulevard
6:58:27PM and I have been sworn.
6:58:28PM Ms. Capin, the outdoor area is an area that's 13 by 30.
6:58:33PM 390 square feet and it fronts on Kennedy Boulevard is where
6:58:37PM that outdoor area is.
6:58:38PM I don't know that music wouldn't be, no residential inning

6:58:47PM that area.
6:58:48PM There is way back on North A Street.
6:58:50PM But I'm telling you, we're on the front on Kennedy Boulevard
6:58:53PM is where we're at.
6:58:54PM So you'd have to go the depth of our lot, 151 feet.
6:58:59PM The alley 17 feet.
6:59:00PM Depth of the next lot, 161 feet and then you'd have to cross
6:59:04PM North A.
6:59:07PM >>YVONNE CAPIN: If it's facing Kennedy, then what is the
6:59:09PM front and on the sides?
6:59:11PM I was looking at this here.
6:59:12PM >> It's all commercial use.
6:59:15PM It's seats Solomon Trop that's closed.
6:59:19PM Our two story office building to the west.
6:59:21PM To the east is an automotive repair shop and further
6:59:25PM commercial uses, then you get to the Wendy's, the
6:59:30PM drive-thru.
6:59:30PM There's a McDonald's on the other side of the street.
6:59:34PM It's all commercial use on the south side of Kennedy.
6:59:37PM It's all commercial.
6:59:41PM There's no residential -- the residential would be somewhere
6:59:47PM south of Kennedy Boulevard.
7:00:01PM >>YVONNE CAPIN: Therefore...
7:00:05PM >> We don't think that it's going to create a problem that
7:00:08PM would impact anyone.

7:00:10PM >>YVONNE CAPIN: To have amplified music?
7:00:13PM >> I would assume there's going to be some music if it's
7:00:16PM going to be called Japanese jazz, yes, ma'am, I'd assume
7:00:19PM they are going to have music.
7:00:20PM If you don't want it outdoors, you know, I guess, but I
7:00:26PM really don't see that it would impact anyone.
7:00:29PM We'd have to certainly comply with the city sound ordinance.
7:00:32PM >>YVONNE CAPIN: That is true.
7:00:33PM I'm looking at your, at the map and you have made that
7:00:38PM point, where it is -- it is commercial, although sound
7:00:51PM travels.
7:00:52PM And your 1:00 a.m. is the closing?
7:00:54PM >> 1:00 a.m. is the closing just on Thursday through
7:00:57PM Saturdays.
7:01:02PM >>YVONNE CAPIN: That's all I had to ask.
7:01:04PM Thank you.
7:01:05PM >>CHARLIE MIRANDA: Any other Councilmembers at this time?
7:01:07PM Anything else, sir?
7:01:10PM We go to the audience portion.
7:01:13PM Anyone in the audience care to speak on item number five,
7:01:16PM please come forward.
7:01:23PM >> Ladies and gentlemen, you have answered my question.
7:01:26PM Madam, you brought up a point.
7:01:30PM And may I share with you what took place in the past if you
7:01:34PM go to the bungalow restaurant, a nice sweet little Italian.

7:01:41PM >>CHARLIE MIRANDA: Mr. Weisberg, I need to you identify
7:01:43PM yourself.
7:01:44PM >> I'm Wesley Weissenburger, 1919 and a half west North A
7:01:49PM Street.
7:01:51PM Executive secretary of the north Hyde Park civic association
7:01:54PM and this is our community.
7:01:55PM I've lived there 20 years.
7:01:57PM And ma'am, I'll speak to you.
7:01:59PM If you go to that sweet little Italian restaurant, which
7:02:04PM supposed to have little violins and no noise, ma'am, they
7:02:08PM had speakers almost as tall as me in the front.
7:02:13PM We had to call the police on that sweet little Italian
7:02:16PM restaurant, with seating, which went from inside the
7:02:20PM restaurant to the public street, right out to the sidewalk.
7:02:24PM As I spoke to the officer, that man could not even hear me.
7:02:29PM In his police car, he said with sign language, I'll take
7:02:32PM care of it.
7:02:33PM They had to go in and take care of the sound.
7:02:35PM The same thing will occur with a little oriental restaurant
7:02:40PM with 300 square feet or whatever.
7:02:43PM You could say whatever you want.
7:02:45PM The volume does carry.
7:02:48PM Mr. Reddick, you know our community.
7:02:51PM It will carry into the residential.
7:02:53PM If you go to the attorney's law firm, diagonal to the

7:02:57PM property, they just re-did a beautiful piece of property,
7:03:01PM good rent.
7:03:02PM We want to keep the people there.
7:03:04PM But people vibrating a restaurant over on Kennedy will
7:03:08PM affect us.
7:03:11PM The volume, what you hear is not reality.
7:03:15PM We'd like to maintain a little peace and quiet.
7:03:20PM We do not oppose a restaurant.
7:03:24PM But outside totally be restricted.
7:03:27PM The noise will bother us.
7:03:30PM And again, there is a school across the street.
7:03:34PM I believe there's restrictions on a school, close to this
7:03:38PM type of business.
7:03:39PM I have nothing else to say.
7:03:41PM Thank you very much.
7:03:43PM >>CHARLIE MIRANDA: Thank you very much, sir.
7:03:44PM Any Councilmembers?
7:03:45PM Petitioner, you have five minutes for rebuttal.
7:03:49PM >>FRANK REDDICK: I have a question for the petitioner?
7:03:51PM >>CHARLIE MIRANDA: Mr. Reddick had a question.
7:03:53PM >>FRANK REDDICK: Did you meet with the neighborhood
7:03:56PM residents about this?
7:03:58PM >> I'm sorry, sir?
7:03:59PM >>FRANK REDDICK: Did you meet with the neighborhood
7:04:01PM association?

7:04:01PM >> No, sir, this is the first time I ever knew there was any
7:04:04PM opposition.
7:04:05PM I checked to see if the city had heard anyone.
7:04:08PM No one has ever contacted me and I have not spoken with
7:04:11PM anyone, no, sir.
7:04:12PM Until I got here, I didn't know any concerns they had.
7:04:15PM >>FRANK REDDICK: Thank you.
7:04:19PM >>CHARLIE MIRANDA: You have five minutes, sir.
7:04:21PM >> Mr. Miranda, you know, we're talking about an area that's
7:04:24PM 13 feet by 30 feet.
7:04:26PM I don't even know, it's this big.
7:04:29PM The area that this gentleman wants to compare us to is a lot
7:04:33PM larger than what we are, holds a lot more people.
7:04:36PM I mean, this is just a 390 square foot area.
7:04:42PM We don't see the logic for the noise restriction.
7:04:47PM But if you want to us put a condition, which we really don't
7:04:51PM want to do, to be very candid with you, we don't see the
7:04:55PM need for it.
7:04:59PM We'd leave it up to Council.
7:05:02PM We just don't see any reason for it.
7:05:07PM We're fronting Kennedy.
7:05:10PM If we're making any noise, and I'm not suggesting that at
7:05:14PM all, it would be headed in the southbound direction, away
7:05:17PM from his neighborhood.
7:05:19PM Away from his residences.

7:05:22PM These residences are 300 and some odd feet away or more.
7:05:28PM I mean, I just don't see it.
7:05:29PM We humbly request that you approve our petition.
7:05:37PM >>CHARLIE MIRANDA: Thank you very much.
7:05:38PM Okay, as you know, this Council I'm talking to our legal
7:05:41PM department, we can't make any suggestion or things to change
7:05:45PM an appearance of a petitioner.
7:05:47PM No matter what we like, it's up to the petitioner or the
7:05:50PM owner of the petitioner or the landowner to make
7:05:52PM recommendations to us, not us to them.
7:05:56PM >>JULIA MANDELL-COLE: They have a right to be heard on the
7:05:57PM application they have in front of them.
7:05:59PM If he's not willing to go ahead and change his application
7:06:03PM by say saying it's up to you, it's up to you to decide
7:06:07PM whether or not his application is appropriate and meets our
7:06:10PM code.
7:06:11PM >>CHARLIE MIRANDA: And I take it that's what he meant.
7:06:12PM Any other Councilmembers?
7:06:15PM Thank you very much.
7:06:16PM I need a motion to close item number five.
7:06:18PM Motion by Ms. Montelione, seconded by Mr. Reddick.
7:06:22PM All in favor of the motion, please indicate by saying aye.
7:06:23PM Opposed nay on number five.
7:06:27PM >>YVONNE CAPIN: Nay.
7:06:27PM >>CHARLIE MIRANDA: No, no, this is to close.

7:06:30PM >>YVONNE CAPIN: I'm sorry.
7:06:31PM You know where I'm at now.
7:06:32PM [ Laughter ]
7:06:34PM >>CHARLIE MIRANDA: I must be calling bingo.
7:06:35PM I'm going too quick.
7:06:36PM All in favor of that motion to close, please indicate by
7:06:38PM saying aye.
7:06:38PM Opposed nigh.
7:06:40PM Will the ayes have it unanimously.
7:06:41PM What's the flavor of the Council, what's the pleasure of the
7:06:43PM Council on item number five?
7:06:46PM >>LISA MONTELIONE: I move to approval.
7:06:47PM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione for
7:06:49PM approval of number five.
7:06:50PM Do I have a second?
7:06:54PM Motion dies for lack of a second.
7:06:56PM Do I have another motion?
7:06:59PM I got to get somewhere.
7:07:01PM Mr. Shelby?
7:07:04PM >>MARTIN SHELBY: Council, my only reminder to you, whatever
7:07:07PM decision you do make has to be made on competent substantial
7:07:10PM evidence.
7:07:11PM >>CHARLIE MIRANDA: All right.
7:07:12PM If there's a motion to approve without a second, then I have
7:07:15PM to go to another motion on the floor.

7:07:18PM Ms. Mulhern?
7:07:20PM >>MARY MULHERN: I'm not sure -- I'd like to move to open the
7:07:23PM public hearing again so I can ask Mr. Diaz a question.
7:07:30PM >> Move to open.
7:07:32PM >>CHARLIE MIRANDA: Ms. Mulhern, second by Mr. Cohen, please
7:07:35PM indicate by saying aye.
7:07:36PM The ayes have it unanimously.
7:07:37PM Yes, Ms. Mulhern?
7:07:39PM >>MARY MULHERN: I stepped out for a minute so I might have
7:07:41PM missed some of this discussion.
7:07:43PM It sounds like if you'd be willing to limit as we have done
7:07:48PM in other cases, have no amplified music outdoors?
7:07:59PM >> I seem to be hearing that Ms. Mulhern.
7:08:01PM I appreciate the opportunity and I would think nothing more
7:08:05PM than I would love tow see a restriction with no outdoor
7:08:10PM amplified music.
7:08:13PM >>CHARLIE MIRANDA: I didn't quite hear that.
7:08:14PM I'm sorry.
7:08:15PM >> I would agree to the restriction with respect to the
7:08:18PM amplified music outdoors.
7:08:21PM >>CHARLIE MIRANDA: Ms. Capin?
7:08:22PM >> And I would request that you incorporate same into my
7:08:25PM site plan.
7:08:27PM >>YVONNE CAPIN: That of course does not pertain to
7:08:30PM acoustical music.

7:08:32PM That is acceptable by everyone, I know, so I just thank you.
7:08:41PM >>CHARLIE MIRANDA: Any other Councilmembers?
7:08:44PM >> Move to close the public hearing.
7:08:46PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen.
7:08:48PM Second by Mr. Suarez.
7:08:50PM All in favor of that motion, please indicate by saying aye.
7:08:52PM Opposed nay.
7:08:54PM The ayes have it unanimously.
7:08:54PM What's the pleasure of the Council again?
7:08:57PM >> Move to approve.
7:08:58PM >>CHARLIE MIRANDA: Ms. Capin has motion for approval.
7:09:01PM Do I hear a second?
7:09:03PM >> Second.
7:09:05PM --
7:09:07PM >>YVONNE CAPIN: So, the ordinance.
7:09:08PM I'm sorry.
7:09:09PM What is this, five?
7:09:14PM Public hearing --
7:09:20PM >> I'll read it.
7:09:21PM >> I move an ordinance -- move an ordinance approving a
7:09:27PM special use permit S-2 for alcoholic beverage sales,
7:09:30PM restaurant on premises only and making lawful the sale of
7:09:33PM beverages regardless of alcoholic content, beer, wine and
7:09:33PM liquor, on that certain lot, plot or tract of land located
7:09:38PM at 1719 and 1723 West Kennedy Boulevard, Tampa, Florida, as

7:09:43PM more particularly described in section 2; that all
7:09:48PM ordinances or parts of ordinances in conflict are repealed;
7:09:50PM providing an effective date.
7:09:51PM And adding the note to the site plan that there will be no
7:09:56PM amplified outdoor music.
7:09:58PM >>CHARLIE MIRANDA: Anything else?
7:10:01PM >>MARY MULHERN: And the revision sheet.
7:10:02PM >> Second.
7:10:02PM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, I have a second by
7:10:06PM Mrs. Capin.
7:10:07PM Any further discussion?
7:10:08PM All in favor of the motion, please indicate by saying aye.
7:10:10PM Opposed nay.
7:10:11PM Roll call vote.
7:10:14PM By hand.
7:10:20PM >>MIKE SUAREZ: Yes.
7:10:22PM >>YVONNE CAPIN: Yes.
7:10:24PM >>FRANK REDDICK: No.
7:10:25PM >>MARY MULHERN: Yes.
7:10:27PM >>HARRY COHEN: Yes.
7:10:28PM >>LISA MONTELIONE: No.
7:10:30PM >>CHARLIE MIRANDA: No.
7:10:31PM >>THE CLERK: Motion carried with Reddick, Montelione and
7:10:35PM Miranda voting no.
7:10:36PM Second reading and adoption will be on December 6th at

7:10:41PM 9:30 a.m.
7:10:42PM >>CHARLIE MIRANDA: Thank you very much for attending.
7:10:44PM We go to item number 7.
7:10:48PM >>ABBYE FEELEY: Abbye Feeley, Land Development Coordination.
7:11:04PM Item number 7 on your agenda this evening is Z12-34, located
7:11:09PM at 3006, 3008 West Bay Vista Avenue.
7:11:13PM The request before you tonight is from an RS-60 zoning
7:11:17PM district to PD, planned development to create two
7:11:20PM residential single-family detached lots.
7:11:32PM >> Good evening, David Hay again with your Planning
7:11:34PM Commission staff and I have been sworn.
7:11:37PM The subject site is located within the South Tampa planning
7:11:41PM district, which is one of the city's predominantly
7:11:44PM residential planning district, the other being New Tampa.
7:11:47PM Next we move on to the aerial.
7:11:50PM Which we can see most of the Bayshore Beautiful neighborhood
7:11:53PM and its predominantly residential character.
7:11:55PM We have Bayshore Boulevard running north south on the right
7:11:59PM or east side of the aerial and we can also see the Bayshore
7:12:06PM united Methodist church at South MacDill, just to give you
7:12:12PM some landmarks down there.
7:12:13PM And then onto the future land use map, here we can see the
7:12:17PM subject site and the surrounding properties are all planned
7:12:20PM at residential 10.
7:12:21PM We can also see the community mixed use 35 lining south

7:12:24PM MacDill Avenue.
7:12:25PM Planning Commission staff found the proposed rezoning is in
7:12:28PM keeping with the number of planned policies regarding urban
7:12:31PM design, residential development and redevelopment.
7:12:34PM The request also allows for the property to be developed
7:12:37PM with uses similar to the existing development pattern found
7:12:41PM in the surrounding areas.
7:12:42PM And Planning Commission staff based on that found the
7:12:45PM request consistent with the Tampa comprehensive plan.
7:12:51PM >>ABBYE FEELEY: Thanks, David.
7:12:52PM This is a request from RS-60 to PD planned development to
7:12:59PM create two building zoning lots.
7:13:01PM A lot on the west would have a dimension of 50 feet in width
7:13:05PM and 5,000 square feet in area.
7:13:07PM The lot on the east will also have a dimension of 50 feet
7:13:10PM west at 5,000 square feet in area.
7:13:13PM The subdivision was originally platted in 1906.
7:13:16PM With lot width of 50 feet, including the corner lots.
7:13:19PM The subject property has approximately 100 feet of frontage
7:13:26PM and contains two platted lots.
7:13:28PM There is currently a single-family residence on the eastern
7:13:32PM side.
7:13:32PM That residence is proposed to remain and is shown on your
7:13:38PM site plan.
7:13:39PM All proposed development on the site will meet the RS-60

7:13:42PM standards and associated supplemental regulations with the
7:13:45PM exception of a setback.
7:13:46PM The setbacks of the existing structure are as follows.
7:13:53PM The front yard is 15-foot -- 15-foot one feet.
7:13:57PM The west side yard is 3.6 feet.
7:14:00PM Zero foot to the air conditioning equipment.
7:14:03PM East side yard is point 5 feet to the existing carport and
7:14:06PM the rear yard is three point one feet.
7:14:09PM The new lot would have a 20-foot front yard, 20-foot rear
7:14:13PM yard and seven foot sides.
7:14:15PM Max building height is 35 feet.
7:14:17PM Elevations of the proposed two story on the west were
7:14:21PM provided.
7:14:22PM And the existing home on the east, photos of the existing
7:14:28PM home on the east have been provided.
7:14:30PM Did I give you my package of photos up there?
7:14:37PM No, they're underneath here.
7:14:39PM Sorry.
7:14:39PM As you know, when we do a lot split, when you're going from
7:14:47PM a larger lot of the RS-60 down to an RS-50 lot, so to speak,
7:14:54PM or lot width of 50-foot, what staff does, we conduct
7:14:58PM analysis of the existing development pattern of the area.
7:15:01PM Which has become known as the red blue map.
7:15:04PM You have a red blue map in your package tonight.
7:15:07PM What I do, and many of you have seen this and I'll show you,

7:15:14PM I use the original plat of the subdivision.
7:15:20PM So I go back to the plat books.
7:15:22PM Like I said, this was done in 1924.
7:15:25PM And actually go through and make sure how the development
7:15:28PM pattern has been built.
7:15:29PM Is it one house, one lot?
7:15:31PM Is it one house, two lots?
7:15:33PM How did they get that 50-foot or 60-foot development
7:15:36PM pattern?
7:15:38PM What you'll see here, you do see Bayshore Boulevard on the
7:15:41PM east.
7:15:41PM And although the original subdivision included those lots,
7:15:46PM those lots are currently zoned RS-100 and RS-150 and they
7:15:50PM have an orientation to Bayshore, so they were not included
7:15:54PM in the analysis because they aren't a 60-foot lot.
7:15:59PM Lots along MacDill, which also were in the original
7:16:03PM subdivision, have a zoning district of commercial general.
7:16:06PM Some of them have town homes in them.
7:16:09PM Some of them are non-residential uses.
7:16:11PM So those were not included in the analysis.
7:16:13PM What is included in the analysis is the single-family
7:16:16PM residential lot and their placement.
7:16:18PM And the development pattern.
7:16:20PM So what you see in red is everything that has 60-foot in
7:16:24PM width or greater.

7:16:25PM Is conforming to the RS-60 standard.
7:16:29PM What you see in blue is everything that has 59.99 feet or
7:16:34PM less.
7:16:35PM And in this area, in the surrounding blocks, it actually is,
7:16:42PM the majority of the lots, 55% are nonconforming, so they are
7:16:46PM smaller than the 60 feet.
7:16:48PM Typically they've been built on one platted lot, which was a
7:16:52PM 50-foot lot.
7:16:53PM And that is what the request is asking for this evening.
7:16:56PM If you come down these green lots here are actually the
7:16:59PM subject lots.
7:17:01PM And the lot to the west of them is a single platted lot and
7:17:06PM the lots to the east of them are single platted lots.
7:17:09PM Everything that they interface with are single platted lots.
7:17:13PM With the exception of the commercial that I'll show you some
7:17:16PM photos of that area.
7:17:18PM So I did provide you with that analysis in my staff report.
7:17:23PM Therefore, what is being proposed would be consistent with
7:17:26PM the other blues in the immediately surrounding area.
7:17:29PM Here's an aerial of the site.
7:17:37PM You'll see there's town homes I mentioned that were in the
7:17:40PM CG.
7:17:41PM And the zoning atlas of the site.
7:17:46PM Site shown there in green, MacDill to the west, Bayshore
7:17:51PM to the east, Bay Vista do the north, Bay View to the south.

7:17:57PM When this lot originally came in it was an RS-60 to RS-50
7:18:06PM zoning because it was one platted lot by 50 by 100.
7:18:09PM But giving the existing lot was going to stay and does not
7:18:13PM conform to the regulations with the setback, it would have
7:18:16PM to be a PD in order to take care of the nonconformity that
7:18:20PM was being created on the other piece of property.
7:18:22PM Go ahead and show you some pictures of the site.
7:18:41PM This is the existing home.
7:18:42PM This is the property that would be constructed and creating
7:18:52PM the new lot, single-family.
7:18:56PM I'm actually heading west toward MacDill, so single-family
7:19:00PM residence.
7:19:01PM This would've been that blue lot I showed you.
7:19:07PM Ooh, wait a minute.
7:19:09PM Yes.
7:19:16PM This also still heading west.
7:19:18PM And then there is a salon at the corner of the southeast
7:19:27PM corner of MacDill and Bay Vista.
7:19:30PM Heading to the east of the subject property, single-family
7:19:40PM residence.
7:19:41PM This is also at the east.
7:19:42PM At the corner.
7:19:45PM This would be at the southwest corner of Bartlett and Bay
7:19:53PM Vista right here.
7:19:55PM What I was going to do is head to the north side of the

7:20:00PM street and move from MacDill all the way back toward
7:20:05PM Bartlett.
7:20:05PM This is view from MacDill.
7:20:10PM Through is the commercial general pieces of property that I
7:20:13PM discussed on the western part of this block.
7:20:16PM So now I'm moving east toward Bartlett and Bayshore.
7:20:20PM Single-family residential.
7:20:25PM And these are all those blue lots that are on the north
7:20:31PM side.
7:20:31PM This is immediately across the street.
7:20:35PM And then this is at the corner.
7:20:41PM This is at the southeast corner of Bartlett and Bay Vista.
7:20:51PM And those are also blue lots.
7:20:53PM New build.
7:20:54PM It was actually under construction on Google earth when I
7:20:59PM went down the street view.
7:21:00PM Based on the existing development pattern of the area, staff
7:21:05PM did find the proposed request consistent.
7:21:07PM There are no modifications that are being requested in
7:21:09PM between first and second reading and we are available for
7:21:12PM any questions.
7:21:12PM >>CHARLIE MIRANDA: Thank you very much.
7:21:13PM Any questions for Councilmembers at this time?
7:21:16PM >>ABBYE FEELEY: I did provide a letter that staff received
7:21:18PM for your review as well.

7:21:19PM >>CHARLIE MIRANDA: Mr. Suarez?
7:21:21PM >>MIKE SUAREZ: I have one question.
7:21:24PM It's all RS-50 now -- sorry, 60 now.
7:21:29PM And it's going to become a PD.
7:21:32PM Why PD instead of some other zoning classification?
7:21:35PM >>ABBYE FEELEY: Because of that existing house that is going
7:21:38PM to remain.
7:21:39PM It doesn't have the seven foot on the, on the west side
7:21:46PM setback.
7:21:47PM So the only way to take -- whenever you're creating a lot,
7:21:51PM you can never create a nonconformity on another lot.
7:21:54PM So when --
7:21:56PM >>MIKE SUAREZ: They have to be consistent when you zone both
7:21:57PM of them?
7:21:59PM >>ABBYE FEELEY: Right.
7:21:59PM So when the subject lot, although it meets all the mum
7:22:02PM requirements of the 50 by a hundred and can meet everything,
7:22:05PM when you sever it from the piece that its currently owned
7:22:09PM with on the east, that would create a nonconforming setback
7:22:13PM on the side.
7:22:14PM So we can't do that.
7:22:15PM So the way to take care of that is to go ahead and PD -- you
7:22:20PM could've done it I guess for the PD for the existing house
7:22:23PM and RS-60 for the other.
7:22:25PM But this would take care of both properties.

7:22:28PM >>MIKE SUAREZ: What other uses can be built with PD?
7:22:30PM Can anything else be built there?
7:22:33PM >>ABBYE FEELEY: Single-family house and any accessory.
7:22:36PM Just like it will function as the RS standard.
7:22:43PM >>MIKE SUAREZ: It's the only way to fit a conforming use on
7:22:45PM a nonconforming, correct?
7:22:50PM >>ABBYE FEELEY: Right.
7:22:51PM >>MIKE SUAREZ: Thank you.
7:22:51PM >>CHARLIE MIRANDA: Ms. Mulhern?
7:22:52PM >>MARY MULHERN: I'm a little slow here.
7:22:54PM I want to understand this.
7:22:55PM Mr. Suarez's question.
7:22:59PM I still don't understand why you couldn't rezone both of
7:23:03PM those lots to RS-50.
7:23:05PM The existing house.
7:23:09PM >>ABBYE FEELEY: Because in an RS-50 zoning district, the
7:23:12PM side yard setback are seven feet.
7:23:14PM The existing structure has 3.6 feet on one side and .5 feet
7:23:20PM on the other side.
7:23:21PM Let me go ahead and show you.
7:23:25PM >>MARY MULHERN: It's the side setback -- you can't.
7:23:32PM >>ABBYE FEELEY: You would have to do a rezoning to RS-50 and
7:23:35PM go get a variance.
7:23:36PM So it would be a multi-step project to get to the same
7:23:40PM multi-applications to get to the same place you're at this

7:23:43PM evening.
7:23:45PM >>MARY MULHERN: I'm just wondering what --
7:23:49PM >>ABBYE FEELEY: Because they're not going to tear down the
7:23:50PM existing house.
7:23:51PM It's going to remain event but you can't make it
7:23:54PM nonconforming by severing --
7:23:56PM >>MARY MULHERN: I understand that.
7:23:57PM But it's not -- I mean, coming to us with a PD isn't for
7:24:04PM both lots, is not -- how is that simpler?
7:24:10PM >>ABBYE FEELEY: Because you would've had one application to
7:24:12PM make this RS-50.
7:24:13PM You would've had another application to make this RS-50.
7:24:16PM And you can't do that because they're nonconforming factors
7:24:20PM to the RS-50 on the existing lot.
7:24:23PM You would not only have to make it RS-50, you would also
7:24:26PM have to go before the Variance Review Board and get setback
7:24:29PM waivers because you cannot setback waivers under a PD zoning
7:24:35PM district.
7:24:36PM >>MARY MULHERN: Just for one of them?
7:24:38PM >>ABBYE FEELEY: Correct.
7:24:39PM But nowhere in time can you ever make somebody else --
7:24:42PM >>MARY MULHERN: I understand that but I'm just saying there
7:24:44PM was that option.
7:24:45PM And since the neighbors seem to be concerned about starting
7:24:50PM to have PDs in a neighborhood where they haven't had them,

7:24:55PM that might have been --
7:24:57PM >>ABBYE FEELEY: The only other way I can process this would
7:25:00PM be to do a PD for the existing house and an RS-50 for the
7:25:03PM separate lot.
7:25:08PM >>MARY MULHERN: That's two different --
7:25:10PM >>ABBYE FEELEY: I can do whatever.
7:25:11PM >>MARY MULHERN: I said it's two separate.
7:25:14PM >>ABBYE FEELEY: Would've been two separate applications.
7:25:16PM >>CHARLIE MIRANDA: Mr. Cohen?
7:25:18PM >>HARRY COHEN: Really, as a follow-up on Councilwoman's
7:25:22PM Mulhern's question, to be clear, the fact that we would put
7:25:26PM a PD on this, in this neighborhood would have absolutely no
7:25:33PM precedential value in terms of future application or future
7:25:37PM decisions.
7:25:38PM >>ABBYE FEELEY: Correct.
7:25:40PM >>HARRY COHEN: Because every item is taken on its own?
7:25:43PM >>ABBYE FEELEY: Correct.
7:25:44PM >>HARRY COHEN: Thank you.
7:25:45PM >>CHARLIE MIRANDA: Any other Councilmembers?
7:25:46PM Okay.
7:25:49PM >>MARY MULHERN: I do want to say this to Mr. Cohen.
7:25:51PM We look at these zoning atlases that all these zoning
7:25:55PM hearings and we're shown PD, PD, PD.
7:25:58PM We're shown the surrounding zonings and we do take that into
7:26:02PM consideration.

7:26:03PM So it does become -- it can and I've seen it happen a lot,
7:26:06PM become a precedent.
7:26:09PM >>CHARLIE MIRANDA: All right.
7:26:09PM Petitioner here?
7:26:19PM You have 150 minutes and five minutes.
7:26:22PM >> My name is Brooks Byrd.
7:26:23PM I have been sworn in.
7:26:24PM Representing bill O'Donnell, the owner of Bay Vista lot.
7:26:29PM And we appreciate your consideration of this PD zoning.
7:26:35PM We took careful consideration in trying to find the petition
7:26:45PM and proper way to approach this rezoning.
7:26:47PM Because of the existing structure setback situation, we felt
7:26:51PM that the PD was probably the most pragmatic process in
7:26:57PM moving forward on this.
7:26:58PM Mr. O'Donnell has owned this, bought his house on lot 6 I
7:27:07PM believe in 1985.
7:27:09PM And the lot next door was previously owned by his mother and
7:27:15PM at her passing, it was deeded back to Mr. O'Donnell.
7:27:19PM That's how the lots became combined back together.
7:27:23PM Happy to take any questions.
7:27:29PM >>CHARLIE MIRANDA: Any questions for Councilmembers at this
7:27:30PM time?
7:27:31PM I see none.
7:27:32PM All right.
7:27:32PM Anyone in the audience care to speak on item number 7,

7:27:35PM please come forward.
7:27:37PM Item number 7, please come forward.
7:27:40PM >> My name is Anisi.
7:27:44PM I'm the property owner at 3007 Bay View.
7:27:48PM My property is south of this development.
7:27:50PM First of all I just want to make sure this is RS-60 or
7:27:55PM RS-50?
7:27:58PM And my other question, if you just change it to the PD, as
7:28:08PM we see the surrounding neighborhood and you say that, what
7:28:12PM guarantee later on they're not going to come and put town
7:28:16PM homes over there?
7:28:17PM So I guess it is more for, for me and for the neighbor if
7:28:23PM you just go ahead, make sure that this is only as a
7:28:29PM single-family and if you want to go PD, get the PD for his
7:28:33PM own property, that's fine.
7:28:34PM And just if he want to make sure to maintain the setback and
7:28:39PM the character, architect character of the, just,
7:28:44PM neighborhood.
7:28:46PM >>MARY MULHERN: The PD will be controlled by the site plan.
7:28:50PM And it can only be a single-family home.
7:28:52PM So they can't build anything other than a single-family home
7:28:56PM at the dimensions that are on this site plan they're
7:28:59PM presenting to us today.
7:29:00PM So they can't build something else.
7:29:03PM >> So they cannot come do another?

7:29:07PM >>MARY MULHERN: They can come back and request something.
7:29:09PM >> Put on top of the PD, PDF just for town home?
7:29:14PM >>MARY MULHERN: They would have to come back with a wholly
7:29:16PM new application, go through land development and come back
7:29:19PM to Council to put something else there.
7:29:21PM >> Yes, but why don't you just stop it right now?
7:29:26PM Because they can go ahead and put three town homes later on
7:29:29PM because it's a hundred.
7:29:31PM Right now, we prefer just prefer that just to put PD on his
7:29:36PM property and just make that one a single-family.
7:29:41PM >>MARY MULHERN: They can't do that without coming and
7:29:43PM requesting to have multi-family units on that lot and change
7:29:49PM the PD, have a whether new PDF.
7:29:53PM The attorney can explain to you.
7:29:57PM >>JULIA MANDELL-COLE: The -- any PD can specify whatever the
7:30:03PM allowable uses are.
7:30:04PM In this instance, this PD specifies the use must be for
7:30:08PM single-family.
7:30:09PM In order to have some other use allowed, a multi-family use,
7:30:13PM that would have to come back to City Council.
7:30:15PM And I suspect and I don't know this, this isn't a R-10
7:30:20PM category under your, under the future land use map, they
7:30:24PM couldn't come in for multi-family even if they wanted to.
7:30:27PM So, multi-family is not an available option for this
7:30:31PM property.

7:30:33PM >>MARY MULHERN: Thank you.
7:30:34PM >>CHARLIE MIRANDA: Next please?
7:30:43PM Into.
7:30:44PM >> Good evening, my name is Nancy FERASH.
7:30:49PM 3010 West Bay Vista Avenue, Tampa, Florida.
7:30:55PM I have been sworn.
7:30:56PM First I'd like to say, we get along with our neighbors, Bill
7:30:59PM O'Donnell, so we feel very awkward having to come in and do
7:31:04PM this.
7:31:04PM But we feel it's important.
7:31:08PM Our neighborhood is an old neighborhood.
7:31:09PM We moved there in 1979.
7:31:13PM But like I said, the lots are 50-foot lots.
7:31:17PM We were aware of this problem at that property of 3006 for
7:31:23PM years.
7:31:23PM When that property got bought by Mr. O'Donnell or his
7:31:27PM family, people knew that the lot three 3008 could not be
7:31:35PM built on because that 3006 property building was placed
7:31:39PM close to the line.
7:31:40PM The time we moved in, the owner of those two lots, I think
7:31:45PM was the original builders of that property.
7:31:48PM And the property was always, as long as we have lived there,
7:31:52PM held by one owner.
7:31:54PM So I do understand from Mr. O'Donnell that he has some
7:31:57PM switches between his mother and himself.

7:31:59PM But the property had this problem from the time we livid
7:32:05PM there in 1979.
7:32:06PM In any event, I'm opposed to a change of zoning to PD.
7:32:12PM For this lot, early lot in our neighborhood.
7:32:16PM When I looked up the purpose of a PD on your city web site,
7:32:21PM it talks about allowing the development of land uses that
7:32:25PM are conformance with adopted future land use and talked
7:32:29PM about issues such as characterized by unique conditions or
7:32:33PM situations, which other zoning districts can't accommodate.
7:32:37PM And two, including a mixture of appropriate land uses.
7:32:41PM Here you're not talking about a mixture of land uses.
7:32:45PM And we're certainly not talking about anything unique about
7:32:48PM the property.
7:32:50PM Granted, a building was put on the property, but all the
7:32:53PM lots are 50 feet.
7:32:55PM And these two lots I believe were also 50-foot lots.
7:32:59PM If anything should happen, maybe somebody should go in and
7:33:03PM change all our properties to RS-50.
7:33:05PM But the solution is not to bend PD to be not what it was
7:33:11PM ever intended to be, but to just fit this particular
7:33:14PM problem.
7:33:16PM Turn these lots into RS-50 and then the problem is solved.
7:33:21PM But don't extend the use of PD to an individual problem that
7:33:27PM is not something wrong with the property, it's a problem of
7:33:32PM how it was built and used by its original owners and by the

7:33:36PM people that subsequently bought it.
7:33:38PM This is just a slippery slope to start allowing individual
7:33:43PM properties to become PD when it's not what the intention of
7:33:46PM PD ever was.
7:33:48PM Was no hardship or practical problem unique to this
7:33:52PM property.
7:33:52PM We're all 50-foot lots.
7:33:55PM >>CHARLIE MIRANDA: Thank you very much.
7:33:55PM Next please?
7:34:00PM >> Good evening members of the board.
7:34:02PM My name is Sherwin Marsi.
7:34:06PM I own a house down the block.
7:34:07PM I have to agree with the very nice lady who just spoke
7:34:10PM before me.
7:34:11PM When you go into the definition section of what planned
7:34:14PM development is, it's completely being used in the contrary
7:34:18PM in my opinion, that was not the intent of creating this PD.
7:34:23PM And the general character of the whole entire neighborhood
7:34:27PM appears to be more towards an RS-50 than it would be on an
7:34:31PM RS-60.
7:34:33PM I don't really understand they would take an RS-60 and make
7:34:37PM a whole bunch of nonconforming lots on our block, which is
7:34:40PM west Bay View and on their block.
7:34:42PM However, I'm not really opposing the application for a
7:34:45PM subdivision because, you know, they're basically are mostly

7:34:50PM predominantly 50-foot wide lots.
7:34:53PM But applying this PD designation, if you carefully read the
7:34:58PM definition section of the code, it's just seems to be that I
7:35:03PM have to agree with her, it just seems to be misapplication
7:35:06PM of what the intent was originally.
7:35:08PM Thank you.
7:35:08PM >>CHARLIE MIRANDA: Thank you.
7:35:09PM Anyone else care to speak, please come forward.
7:35:11PM Any care to speak on this item number 7, please come
7:35:15PM forward.
7:35:18PM Anyone else?
7:35:18PM Petitioner, you have five minutes for rebuttal.
7:35:25PM >> Thank you.
7:35:26PM And I do appreciate the neighbors' input.
7:35:31PM And Bill O'Donnell, the owner, the actual applicant has done
7:35:36PM a wonderful job of trying to make sure he talks to his
7:35:39PM neighbors an let them know what the intent here.
7:35:43PM >>CHARLIE MIRANDA: Just a second.
7:35:44PM Let me stop here.
7:35:45PM Are you going to speak against?
7:35:50PM >> No, I'm for.
7:35:51PM >>CHARLIE MIRANDA: Then I got to put you on the record.
7:35:53PM Are you Mr. O'Donnell?
7:35:55PM >> Yes, sir.
7:35:55PM >>CHARLIE MIRANDA: I understand that.

7:35:56PM Now, go on and continue.
7:35:59PM I didn't understand.
7:36:02PM Yes, sir.
7:36:05PM >> As I believe staff pointed out, we are looking at an
7:36:08PM area, the majority of the lots are 50-foot lots.
7:36:11PM To be very clear, the intention here is not to do anything
7:36:16PM other than a single-family house.
7:36:20PM And keep an existing single-family house and adding a
7:36:24PM single-family house.
7:36:25PM The question as to setting a precedent here, I did pull up
7:36:31PM some examples of other zoning lots in the area that were in
7:36:38PM this neighborhood and the surrounding neighborhoods that
7:36:40PM were PD zoned for lots.
7:36:44PM Is that something that I could share?
7:36:46PM >>CHARLIE MIRANDA: Sure.
7:36:59PM >>CHARLIE MIRANDA: You better go to the mic.
7:37:01PM You got five minutes.
7:37:02PM >> This is lot, it was use, the PD process to get, to obtain
7:37:09PM a single-family lot.
7:37:10PM This is 3408 west Bay Vista.
7:37:15PM This is the block over, PD zoning again used to create a
7:37:20PM single-family lot.
7:37:21PM This is 2913 west ninth avenue.
7:37:23PM This is 2915 west ninth avenue.
7:37:32PM PD zoning used to create a single-family lot.

7:37:36PM This is 3110 West Fielder Street.
7:37:40PM PD zoning used to create single-family lots.
7:37:44PM This is 3112 West Fielder Street, PD zone used to create a
7:37:51PM single-family lot.
7:37:52PM These two lots were created through PD zoning.
7:37:58PM That is at 3111 and 3110 west Tambay Avenue.
7:38:06PM >>CHARLIE MIRANDA: 3112.
7:38:08PM >> And this is 3117 West Fielder street.
7:38:11PM My only point here is, while I don't suggest that PD zoning
7:38:18PM should be used for everything, this particular situation
7:38:23PM appears to be the correct method in order to create a lot, a
7:38:30PM 50-foot lot in an area that is surrounded by 50-foot lots.
7:38:35PM Thank you.
7:38:37PM >>CHARLIE MIRANDA: Yes, Julia?
7:38:41PM >>JULIA MANDELL-COLE: I feel compelled to get up there and
7:38:43PM discuss some of the testimony that has been brought forward
7:38:47PM leading to the use of the PD as the mechanism to bring this
7:38:51PM forward to rezoning.
7:38:52PM Some of you may recall we dealt with this issue through some
7:38:56PM pieces of litigation where a court determined the use of a
7:38:59PM PD procedurally is not the basis of a denial and is also not
7:39:05PM necessarily indicative of their being some kind of
7:39:09PM incompatibility.
7:39:11PM And I don't want to get too much more into that unless
7:39:14PM there's questions, but that is exactly what the court found.

7:39:17PM And so that cannot be the basis of a denial.
7:39:21PM You need to look at the underlying conditions that are being
7:39:25PM brought forward as part of the PD and that is what you use
7:39:27PM to determine whether or not this application is consistent
7:39:32PM and compatible with the surrounding area.
7:39:34PM And I just want to make that point clear.
7:39:39PM The only other thing I do want to say, and we have a couple
7:39:41PM of these cases tonight.
7:39:43PM So I'll say it right now so I don't have to say it later the
7:39:47PM way your code is drafted right now, if you want to move
7:39:51PM forward to split a lot into two lots, and those lots do not
7:39:57PM meet existing zoning classifications, your only remedy under
7:40:02PM the code is to go forward with a planned development or a
7:40:07PM rezoning to a lesser zoning, Euclidian zoning classification
7:40:12PM in this instance, would be going to an RS-50.
7:40:15PM You cannot get a variance to any of the lot size
7:40:19PM characteristics, the width of lot, the square footage within
7:40:24PM a lot, or any of those other issues.
7:40:27PM It is not -- it is under code, variances are not allowed.
7:40:32PM There used to be something called the 80% rule, which
7:40:35PM allowed properties that were substandard, if they wanted to
7:40:38PM split or if they were a smaller lot, to come forward and get
7:40:41PM a special use to be able to have that characteristic of a
7:40:45PM lot that might be substandard, whatever standards were
7:40:49PM created because I wasn't actually here when there was the

7:40:51PM 80% rule.
7:40:52PM That was done away with.
7:40:54PM So this is the only remedy a property owner has.
7:40:57PM And that coupled with the idea that you have some litigation
7:41:02PM that said you cannot make a decision on these kinds of cases
7:41:04PM on the basis of the procedure of using a PD.
7:41:08PM I just think it's really important for the record and for
7:41:10PM everybody to understand that.
7:41:12PM >>CHARLIE MIRANDA: I appreciate it very much.
7:41:13PM And that was about 33 months ago.
7:41:15PM I got Ms. Capin, Ms. Mulhern and Ms. Montelione.
7:41:19PM >>YVONNE CAPIN: Thank you, Julia for that.
7:41:21PM You know, I'm looking at this.
7:41:24PM I can see the point of the, it's an RS-60 and this should be
7:41:31PM RS-50.
7:41:33PM But they're not.
7:41:34PM It is not.
7:41:35PM It's an RS-60 and the only remedy, as Julia stated, is the
7:41:40PM PD.
7:41:40PM So, when I'm looking at this, and it is also -- it is on the
7:41:54PM site plan.
7:41:55PM It can only be a residential, right?
7:42:00PM And later on, it cannot be changed, correct?
7:42:06PM They can't come forth, they can't do anything except build a
7:42:10PM single-family home or leave it vacant.

7:42:14PM Thank you.
7:42:14PM Ms. Mulhern.
7:42:18PM >>YVONNE CAPIN: They're nodding her head.
7:42:24PM >>MARY MULHERN: Ms. Cole, you are saying a PD is the only
7:42:30PM remedy.
7:42:31PM But Ms. Feeley said they could've asked to rezone both
7:42:35PM properties to RS-50 and ask for variances.
7:42:37PM That is what you said.
7:42:41PM >> What I said was that if you have a lot and you want, a
7:42:46PM large lot and you want to create two lots, your only remedy
7:42:50PM is to rezone either to a PD or to a Euclidian in this
7:42:55PM instance, what Ms. Feeley explained is if you want to rezone
7:42:59PM these two lots to a Euclidian lot, to an RS-50, and that was
7:43:04PM an acceptable decision and we went ahead and approved that,
7:43:08PM one of the lots would still have conditions on it which were
7:43:12PM nonconforming, which would need to, those conditions could
7:43:17PM go through a variance, setback variance.
7:43:19PM >>MARY MULHERN: That's what I said.
7:43:20PM So when you say PD is the only remedy -- keel.
7:43:25PM >>JULIA MANDELL-COLE: That's what I'm trying to explain.
7:43:27PM Rezoning was the only option.
7:43:29PM You couldn't get a variance to create a substandard lot.
7:43:32PM >>MARY MULHERN: What I heard was that a PD was the only
7:43:35PM remedy.
7:43:36PM I've heard you both.

7:43:37PM Okay.
7:43:37PM And I would like to just say that as we have all explained
7:43:41PM to the neighbors, they can only build a single-family home
7:43:45PM on this PD lot.
7:43:47PM If it's approved, they can only build a single-family home.
7:43:51PM Nothing else can be built there.
7:43:54PM >>CHARLIE MIRANDA: Thank you very much.
7:43:55PM Ms. Montelione?
7:43:57PM >>LISA MONTELIONE: Thank you.
7:43:58PM Ms. Feeley, Ms. Cole, I can help you -- we're going to try
7:44:05PM and explain this, Ms. Feeley?
7:44:09PM If we went with Euclidian zoning for both lots separately,
7:44:23PM the house that is already in existence would not be able to
7:44:27PM comply with the setbacks in RS-50, correct?
7:44:31PM >> Correct.
7:44:32PM >>LISA MONTELIONE: They would have to come back for what
7:44:34PM process?
7:44:35PM >> A variance.
7:44:36PM >>LISA MONTELIONE: And if that variance got denied?
7:44:39PM >> Then both lots are in violation.
7:44:41PM That is why you cannot -- you cannot conditionally give them
7:44:46PM an RS-50 with the understanding that a variance may or may
7:44:50PM not be granted.
7:44:51PM They are nonconforming.
7:44:53PM >>LISA MONTELIONE: Because of the operation of law.

7:44:56PM We could not put that process forward because there is a
7:45:00PM chance, albeit maybe an outside chance, there is a chance
7:45:05PM that a variance could get denied on an existing residence,
7:45:12PM and then those lots would then be nonconforming the.
7:45:16PM >>ABBYE FEELEY: Right.
7:45:17PM >>LISA MONTELIONE: Thank you.
7:45:18PM >>CHARLIE MIRANDA: Ms. Mulhern?
7:45:19PM >>LISA MONTELIONE: I wasn't finished.
7:45:22PM >>CHARLIE MIRANDA: I'm sorry.
7:45:22PM Ms. Montelione, continue.
7:45:24PM >>LISA MONTELIONE: Can you explain to he moo maybe a little
7:45:25PM bit of history?
7:45:26PM How is it that we have an entire neighborhood of platted
7:45:30PM RS-50 lots with RS-60 zoning?
7:45:34PM >>CHARLIE MIRANDA: 1924.
7:45:39PM >>ABBYE FEELEY: There are two times of zoning, 1956 and
7:45:43PM 1987.
7:45:44PM And this is not the only case we're going to talk about
7:45:47PM tonight where things get built.
7:45:49PM There were things that got built before '56 when there was R
7:45:53PM 1 A, R 1, the first zoning code of the city.
7:45:56PM There were things that got built in this area before 1987,
7:46:00PM the second time zoning conformance.
7:46:03PM Second time of zoning conformance, the city went around and
7:46:06PM said, oh, the predominant development pattern is 60-foot

7:46:09PM lots.
7:46:10PM >>LISA MONTELIONE: But it's not.
7:46:11PM >> I wasn't here in 1987.
7:46:12PM [ Laughter ]
7:46:16PM >>ABBYE FEELEY: I did not go and pull every age of every
7:46:18PM structure when that structure was built, how that structure
7:46:20PM was built, when the most recent permits were pulled.
7:46:23PM We utilized this tool as a barometer to tell you what is the
7:46:27PM existing development pattern.
7:46:29PM The existing development pattern is that in 1924, this land
7:46:32PM was subdivided into platted lots, 50 by 100.
7:46:37PM And predominantly built that way.
7:46:39PM >>LISA MONTELIONE: Okay.
7:46:39PM So the way I look at it is, I don't like that we have the PD
7:46:46PM process either.
7:46:47PM And however, because of how the city, and I'm not going to
7:46:55PM say us, because not all of us were here.
7:46:58PM >>CHARLIE MIRANDA: None of us were here.
7:47:01PM >>LISA MONTELIONE: But because of the way the city has
7:47:04PM chosen to zone this particular property, this particular
7:47:10PM neighborhood, we are stuck with the process we have now.
7:47:15PM And I feel that -- I understand -- you know, like I said, I
7:47:21PM don't like the PD process.
7:47:23PM I wish we could go back area wide rezoning and make this all
7:47:28PM RS-50 rezoning.

7:47:29PM But we can't.
7:47:30PM At least not in the next ten minutes so that they could have
7:47:34PM their RS-50.
7:47:35PM So, that's the only possibility there is.
7:47:40PM >>ABBYE FEELEY: There used to be the 80% rule, which a lot
7:47:43PM of people will talk to you, a lot of developers, don't we
7:47:46PM have the 80% rule?
7:47:48PM If we have 80%, then we're buildable.
7:47:52PM And it doesn't work that way anymore.
7:47:53PM Nor can you get a variance for a substandard lot.
7:47:56PM The process is the PD.
7:47:58PM As much as I love it.
7:47:59PM [ Laughter ]
7:48:00PM >>LISA MONTELIONE: And actually I mean it's a much more
7:48:03PM expensive process to go through.
7:48:05PM And to me it's almost as if in cases like this, it's almost
7:48:11PM a penalty.
7:48:11PM Because we're forcing individuals to go through a more
7:48:16PM expensive, lengthier process because of, you know, in this
7:48:22PM case a few feet.
7:48:23PM And that's all I'm going to say.
7:48:28PM >>CHARLIE MIRANDA: Ms. Mulhern?
7:48:29PM >>MARY MULHERN: Thank you.
7:48:30PM I just want to make it clear what I'm hearing.
7:48:39PM And maybe before we close the public hearing, I can hear

7:48:42PM from at least one of the neighbors who are opposed to this
7:48:45PM PD, what they really are worried about.
7:48:48PM Because things don't come in front of us if we don't have to
7:48:52PM make a decision.
7:48:53PM We wouldn't be sitting here talking about this if there was
7:48:55PM only one option.
7:48:58PM When this proposal petition or this question of how to build
7:49:04PM on this lot came to land use, somehow, someone made a
7:49:11PM decision to ask for a PD.
7:49:13PM If they had instead asked for two, to rezone their one lot
7:49:20PM into two RS-50 lots and then wanted to build a house on the
7:49:26PM second lot, they would've had to get a variance to build
7:49:29PM that.
7:49:30PM That is a possibility, that could've been.
7:49:34PM I don't understand -- that could've happened, correct?
7:49:38PM One of the lots -- both of them would need a variance?
7:49:44PM Okay, so you can -- and you can't legally do that?
7:49:52PM >>ABBYE FEELEY: If I may read to you a section of the code.
7:49:54PM This is why you can't do this.
7:49:56PM Because you see that that variance is necessary.
7:49:59PM That's why.
7:50:00PM It's because it forces that other process.
7:50:02PM When it says, section 2725 of the code, creation of new
7:50:06PM lots.
7:50:07PM Which this would be a creation of a new lot.

7:50:10PM No new lot shall be created after the effective date of the
7:50:13PM ordinance from which this chapter was derived, except in
7:50:18PM conformity with the requirements of applicable regulation.
7:50:22PM No yard or zoning lot existing at the time of passage of
7:50:26PM this chapter shall be reduced in width, depth or area by
7:50:31PM private action below the minimum requirements for lots or
7:50:36PM structures as set forth in this chapter.
7:50:39PM You cannot create a nonconformity.
7:50:42PM >>MARY MULHERN: Okay.
7:50:43PM Thank you, thank you for being patient with me.
7:50:45PM >>CHARLIE MIRANDA: Any other Councilmembers?
7:50:49PM Okay.
7:50:50PM I need a motion, I think we have heard from the petitioner,
7:50:53PM I think we heard from rebuttal.
7:50:56PM Think we have heard from the neighborhood.
7:50:58PM I thought PD must be the police department.
7:51:01PM Maybe I'm wrong.
7:51:02PM I have a motion to close by Ms. Montelione, seconded by
7:51:07PM Suarez.
7:51:07PM All in favor of the motion, please indicate by saying aye.
7:51:09PM Opposed nay.
7:51:10PM The ayes have it unanimously.
7:51:11PM What's the pleasure of the Council?
7:51:13PM >> Move to approve.
7:51:14PM >> Second.

7:51:15PM >>CHARLIE MIRANDA: You got to read the ordinance.
7:51:20PM >>CHARLIE MIRANDA: Ms. Capin will read the ordinance.
7:51:23PM >>YVONNE CAPIN: An ordinance being presented for first
7:51:25PM reading consideration, an ordinance rezoning property in the
7:51:28PM general vicinity of 3006 and 3008 West Bay Vista Avenue in
7:51:34PM the City of Tampa, Florida and more particularly described
7:51:37PM in section 1, from zoning district classifications, RS-60
7:51:41PM residential single-family to PD, planned development,
7:51:47PM residential, single-family detached; providing an effective
7:51:51PM date.
7:51:52PM >>CHARLIE MIRANDA: Have a motion by Ms. Capin, have a second
7:51:54PM by Ms. Montelione in a close vote.
7:51:57PM Mr. Suarez.
7:51:59PM All in favor of that motion, please indicate by saying aye.
7:52:01PM Opposed nay.
7:52:02PM The ayes have it unanimously.
7:52:04PM >> Motion carried unanimously.
7:52:05PM Second reading and adoption will be December 6 at 9:30 a.m.
7:52:11PM >>CHARLIE MIRANDA: Thank you all very much for attending.
7:52:13PM We go to item number 8.
7:53:03PM >>ABBYE FEELEY: Item number 8 on your agenda this evening is
7:53:08PM Z12-38, located at 2401 South Cameron Avenue and the request
7:53:13PM before you tonight is from RS-75 to PD for residential
7:53:18PM single-family detached, two lots.
7:53:30PM >> Good evening, Councilmembers, David Hay, planning staff.

7:53:36PM Like the previous case, Z12-38 is located within the south
7:53:39PM Tampa planning district.
7:53:42PM Next we have the aerial, the subject site is located in the
7:53:45PM center of the map.
7:53:47PM You can see the large TECO substation directly to the south
7:53:50PM of the subject site.
7:53:51PM You can see the surrounding single-family detached
7:53:54PM residential development pattern that makes up the majority
7:53:57PM of the Palma Ceia west neighborhood.
7:53:59PM And you can also see Henderson Boulevard up this the upper
7:54:03PM left of the aerial map with all of its associated commercial
7:54:07PM uses.
7:54:07PM Finally, we move on to the future land use map, the
7:54:14PM surrounding area, including the subject site is all
7:54:16PM designated residential 6 on that future land use map.
7:54:19PM You can also see from this map there is a variety of lot
7:54:22PM sizes within the area.
7:54:23PM Immediately to the west of the subject sites are lots that
7:54:26PM are similar in size to what the applicant is seeking.
7:54:29PM Also the subject site is unique as it is immediately
7:54:32PM adjacent to the large TECO substation, which is visually
7:54:36PM intensive use.
7:54:37PM Also, this what looks like a roadway here is actually a
7:54:42PM ditch, so Cameron is a dead end roadway.
7:54:46PM Regarding the orientation, the Planning Commission staff

7:54:49PM found that though the majority of parcels front along
7:54:52PM Cameron, the applicant's proposal to front along San Carlos
7:54:56PM street does provide an additional 26 feet in width or 13
7:54:59PM additional feet per lot.
7:55:02PM Than if they were oriented toward Cameron.
7:55:05PM Planning Commission staff found the proposed rezoning is in
7:55:08PM keeping with a number of planned policies regarding urban
7:55:10PM design, residential development and redevelopment and
7:55:12PM allowing for opportunities for housing choices within the
7:55:15PM City of Tampa.
7:55:16PM Overall, the development allows for single-family detached
7:55:20PM residential development building upon the variety of lot
7:55:22PM sizes within this portion of the Palma Ceia west
7:55:25PM neighborhood.
7:55:26PM With that said, Planning Commission staff finds the rezoning
7:55:29PM request consistent with the Tampa comprehensive plan.
7:55:43PM >>ABBYE FEELEY: Abbye Feeley, Land Development Coordination.
7:55:46PM Petitioner is proposing to rezone the property at 2401 south
7:55:50PM Cameron from RS-75.
7:55:52PM This would be a 75 bay hundred lot.
7:55:57PM To create two building zoning lots and reorient the lots to
7:56:01PM Cameron Avenue.
7:56:01PM From Cameron Avenue to San Miguel street.
7:56:07PM So, we currently have an east-west orientation.
7:56:12PM They're requesting a north-south orientation.

7:56:14PM The property has a frontage of 139 feet along San Carlos,
7:56:20PM sorry.
7:56:21PM San Carlos.
7:56:22PM Each lot is proposed with a width of 69.5 feet.
7:56:26PM The western lot is proposed with 7837 square feet of area
7:56:31PM and the eastern lot is proposed with 7850.81 square feet of
7:56:37PM area.
7:56:37PM This subdivision was originally platted in 1924 with
7:56:41PM interior lot width of 55 feet and corner lots ranging from
7:56:45PM 53 feet to 58 feet.
7:56:46PM The subject property has approximately 113 feet along South
7:56:51PM Cameron Avenue.
7:56:53PM Containing two platted lots.
7:56:55PM There is currently a single-family residence that's located
7:56:58PM in the center of that lot.
7:57:01PM Let me make that correction there.
7:57:03PM All proposed development is to meet the RS-75 setback.
7:57:10PM So in this case, the house would be demolished.
7:57:13PM And two lots would be created.
7:57:15PM And those lots would be created facing San Carlos street.
7:57:37PM >>CHARLIE MIRANDA: Ms. Capin?
7:57:40PM >>YVONNE CAPIN: Abbye, the depth of the lot is -- I'm not
7:57:46PM seeing it.
7:57:47PM Would be, since they're asking to configure north.
7:57:55PM >>ABBYE FEELEY: Well, right now there's 113 feet of frontage

7:57:58PM on Cameron.
7:57:59PM That would become the depth.
7:58:01PM And platted lot depth of 139 feet would become the
7:58:05PM frontages.
7:58:08PM >>YVONNE CAPIN: Now, RS-75 by a hundred is 7,500 square
7:58:15PM feet, which is a legal -- it's a building lot.
7:58:19PM You would not need anything to build on that.
7:58:22PM >> They don't meet the minimum width.
7:58:26PM >>YVONNE CAPIN: I understand that.
7:58:26PM But the square footage is 7797.
7:58:31PM >>ABBYE FEELEY: Yes, ma'am.
7:58:31PM But you must meet both.
7:58:33PM >>YVONNE CAPIN: Okay.
7:58:34PM >> To be an RS-75 lots --
7:58:36PM >>YVONNE CAPIN: I understand.
7:58:37PM But I'm looking at the square footage.
7:58:40PM >> There is enough area.
7:58:42PM >>YVONNE CAPIN: Thank you.
7:58:46PM >>ABBYE FEELEY: My little worksheets again, this is the
7:58:49PM southland addition.
7:58:52PM This was actually the original subdivision of this area.
7:58:55PM And this was done -- gosh -- they were both done in 24s.
7:59:06PM This was done in May of 24s and a few months later in July
7:59:10PM of 24s, these few blocks were pulled out and I have them
7:59:13PM highlighted for you there in the blue, to become the

7:59:16PM highland terrace subdivision.
7:59:18PM There is my little worksheet for you there to show you what
7:59:24PM the frontages were.
7:59:25PM What we ended up with -- so that blue cutout I just showed
7:59:33PM you was here.
7:59:34PM On the west side of Lois is a different subdivision.
7:59:37PM But usually when I complete this analysis, I do do the
7:59:41PM blocks that are surrounding.
7:59:43PM In this case, I did not do to the south because south of
7:59:45PM that green line is RS-100.
7:59:49PM So that would not be very telling to the analysis for you.
7:59:52PM So I actually pulled from three subdivisions, and the lot is
7:59:58PM shown to you here in green.
8:00:00PM There is a TECO substation just to the south.
8:00:03PM On this, you can see both the orientation of the lots as
8:00:08PM well as the width.
8:00:12PM In this case, the predominant is 75 feet or greater, the
8:00:17PM reds.
8:00:18PM There are blues, and these platted lots here.
8:00:26PM Actually on this one, pulled some of the ages that the
8:00:30PM houses were constructed.
8:00:32PM So, 1958, 1950s.
8:00:35PM So these were prior to first zoning conformance in '56.
8:00:40PM 54, 53, 56, 55, there's a 95.
8:00:44PM I did just kind of the surrounding so I could better

8:00:47PM understand the character when these structures were actually
8:00:49PM built.
8:00:50PM If I include just what is east of Lois, there were 38 lots
8:00:58PM total.
8:00:58PM Of those 38 lots, 22 of them or 58% had 75 feet of frontage,
8:01:08PM lot width or greater, an 16 of them had less than 75 feet.
8:01:15PM If I do the whole area, which was 55 lots, 34 or 62% of them
8:01:22PM were conforming to the RS-75.
8:01:26PM And 21 or 38% were nonconforming or blue.
8:01:33PM Here is a clear aerial.
8:01:39PM There are some beautiful trees.
8:01:41PM I'll show you one that's located right in the front of this
8:01:44PM property.
8:01:44PM The zoning atlas -- what is interesting, unlike the previous
8:01:49PM case where you saw dollops of RS-50s and some PDs in the
8:01:55PM atlas.
8:01:55PM All of the lots that are there, this one is, up is town home
8:02:03PM development.
8:02:04PM I think I have on the corner there.
8:02:06PM They've all been that way.
8:02:08PM There hasn't been any rezoning activity in this area to
8:02:11PM create any other lots.
8:02:13PM So everything you saw there in the blues that I showed you
8:02:17PM that were 1950, '55, '51, those lots have been there and the
8:02:22PM structures have been there.

8:02:23PM So this was, presents the first split and reconfiguration in
8:02:28PM this area.
8:02:29PM And this was the RS-100 I showed you to the south there.
8:02:34PM Unique situation.
8:02:36PM No PDs, no RS-75s, nothing that appears to have been
8:02:40PM touched in that area since the time of zoning conformance.
8:02:45PM That being said, the predominant development pattern is
8:02:56PM consistent with the existing zoning and staff did find this
8:02:58PM request for the lot split to be inconsistent with the area.
8:03:04PM >>CHARLIE MIRANDA: May I ask a question?
8:03:07PM That being said, since there hasn't been any change since
8:03:11PM the '50s, what amount of vacant land, if any, are open to
8:03:16PM meet this same criteria?
8:03:22PM >>ABBYE FEELEY: Well, this lot isn't currently vacant.
8:03:24PM >>CHARLIE MIRANDA: I'm not saying it is.
8:03:25PM What I'm saying, is there any -- I guess if this one can do
8:03:31PM it, anyone can do it, am I correct?
8:03:34PM If you have two lots, providing you have two lots.
8:03:37PM I'm sorry to stun you.
8:03:44PM >>ABBYE FEELEY: I'm not sure I'm understanding your
8:03:45PM question.
8:03:46PM If you have a legal lot of record, plat or deed and you're
8:03:49PM one of these platted lot and in single ownership.
8:03:52PM Then you're buildable.
8:03:53PM In my window survey of the surrounding, I'll show you some

8:03:58PM photos.
8:03:58PM There are a couple under construction.
8:04:00PM So I will go ahead and show you those.
8:04:01PM But they are building on the single lot in its current
8:04:05PM configuration.
8:04:06PM So let me go ahead and show that to you.
8:04:08PM This is the subject property.
8:04:17PM It's oriented toward Cameron.
8:04:19PM This is the southern portion of it.
8:04:27PM So in terms of the plotted lots, I guess you could say this
8:04:31PM is on the northern platted lots, and this is the southern
8:04:35PM plotted lots.
8:04:37PM This is the side that faces San Carlos.
8:04:42PM This is on the property.
8:04:47PM This is the tree right in the front of the proposed, what
8:04:52PM would become the fencible lot.
8:04:55PM So now on San Carlos.
8:04:57PM What I'm actually going to do for you now, I'm going to come
8:05:04PM all the way down to the dead end and work myself back up and
8:05:08PM over this way.
8:05:09PM And then a little bit around the neighborhood.
8:05:13PM Just because sometimes I feel like what I'm showing you, I
8:05:16PM don't give you an orientation toking with we are.
8:05:18PM So this is on the east side at the end of Cameron, across
8:05:23PM from the TECO substation.

8:05:24PM A knew I'm going to move north on that east side of the
8:05:28PM property.
8:05:28PM This is at the corner of Cameron and San Carlos.
8:05:33PM And it's oriented actually to the corner of the lot.
8:05:36PM On the west side going back to that dead end, here's the
8:05:40PM substation.
8:05:42PM And then I know -- and then that is all that is there
8:05:47PM besides the subject.
8:05:52PM The boundary of the substation is there.
8:05:56PM Then more of the vacant lot and then the house.
8:05:58PM This is at San Carlos and Lois.
8:06:05PM So just to the west of the property.
8:06:07PM That's actually the side that faces Lois.
8:06:10PM This is the side on San Carlos.
8:06:13PM And that is the garage to the structure.
8:06:18PM This is just north of the property.
8:06:29PM Sorry, I'm kind of right here now.
8:06:31PM The front actually faces Cameron.
8:06:34PM And this is the side that's on San Carlos.
8:06:38PM So that north-west orientation.
8:06:40PM This is the rear of the property.
8:06:41PM This is the northeast corner of San Carlos and Lois.
8:06:49PM I'm going to start here now and go back up Cameron.
8:07:01PM There are only three lots there.
8:07:03PM I showed you the gray house at the corner there.

8:07:05PM This is the middle house on the west side of Cameron and
8:07:08PM this is at the corner of Cameron and San Miguel.
8:07:12PM On the east side of Cameron there are also single-family
8:07:24PM residence.
8:07:25PM And then along San Miguel, had you mentioned how many can
8:07:33PM this -- here's the one that was under construction right
8:07:36PM now.
8:07:36PM This was, these are west on San Carlos, west of Cameron.
8:07:44PM And then this is a larger one that was just built on south
8:07:49PM Clark.
8:07:50PM These are also on south Clark.
8:07:54PM And then at the corner of San Miguel and Cameron, at this
8:08:04PM corner here, there is a larger home that was built.
8:08:13PM And the front actually faces on San Miguel.
8:08:16PM That being said, I believe that I mentioned that staff did
8:08:29PM find the request inconsistent based on the existing
8:08:32PM development pattern of the area.
8:08:34PM >>CHARLIE MIRANDA: Any question for Councilmembers at this
8:08:35PM time?
8:08:36PM Petitioner?
8:08:51PM >> For the record, I have been sworn.
8:08:54PM My name is Timothy H. Powell, I'm president of Tsp
8:08:59PM Companies, Inc.
8:09:00PM Our address is Post Office Box 1016, Tampa, Florida, 33601.
8:09:05PM As an urban planner, I'm representing the applicant Kevin

8:09:09PM Robles this evening.
8:09:11PM As a non-attorney, I'm not rendering any legal advice.
8:09:15PM As mentioned in the staff's presentation and staff report,
8:09:18PM this PD planned development rezoning request is for
8:09:21PM reoriented two platted single-family lots containing one
8:09:25PM stated single-family structure in such a manner as to allow
8:09:30PM the construction of two single-family detached single-family
8:09:34PM homes.
8:09:35PM I'm going to quickly go through these because my time -- I'm
8:09:42PM right at 15 minutes.
8:09:43PM But I can come back and answer any questions that you have.
8:09:47PM Including the positive elements of the city staff report, I
8:09:51PM note the following statements of fact.
8:09:52PM One, all proposed development on-site will meet the RS-75
8:09:57PM development standards and associated regulations.
8:10:00PM Noting that this PD is requesting each lot frontage to be
8:10:04PM only 69.5 feet.
8:10:05PM No waivers are being requested.
8:10:08PM And three, each proposed lot meets the minimum density
8:10:11PM required by the R 6 future land use designation.
8:10:15PM In turning to the Planning Commission staff report findings,
8:10:18PM I quote the following.
8:10:20PM The proposed request is consistent with and furthers the
8:10:22PM intent of the goals, objectives and policies of the Tampa
8:10:25PM comprehensive plan.

8:10:27PM In addition, cited three objectives supporting their
8:10:32PM recommendation of consistency.
8:10:34PM First one was objective 13.1, respect Tampa's human scale
8:10:38PM unique history aesthetics, natural environment and sense of
8:10:42PM community and identity in the city changes, as the city
8:10:48PM changes and evolves.
8:10:49PM Objective 18.4, compatible development and redevelopment to
8:10:55PM sustain stable neighborhoods and ensure the social and
8:10:58PM economic health of the city.
8:11:00PM And objective 26.1, maintain the stability of existing
8:11:05PM neighborhoods while expanding opportunities for housing
8:11:08PM needs.
8:11:09PM We think that the PD plan before you achieves these
8:11:13PM objectives.
8:11:14PM The housing market as well as this neighborhood is changing
8:11:17PM and evolving.
8:11:18PM The proposed two homes address specific site conditions.
8:11:23PM In a harmonious architectural style and size and in
8:11:28PM economically sustainable manner.
8:11:29PM At the same time, they will be compatible with numerous lot
8:11:33PM sizes in the adjoining block.
8:11:35PM This PD plan is addressing some new realities facing the
8:11:40PM housing industry.
8:11:41PM The subject lot was built upon in 1949, 63 years ago.
8:11:46PM The existing home was built on two platted lots, making it a

8:11:50PM larger house lot combination than what is contiguous to it
8:11:54PM to the east, to the west and to the northwest across San
8:11:59PM Carlos.
8:12:00PM Additionally, it had the unfortunate circumstance of having
8:12:04PM TECO place a substation at its -- as its southern neighbor
8:12:09PM sometime in the past.
8:12:10PM There's a picture.
8:12:14PM And then here's another, another picture.
8:12:19PM Both of those pictures from the lot -- well, one was across
8:12:23PM the street from Cameron and that particular picture is
8:12:26PM actually standing on the lot looking at it.
8:12:28PM The current has been vacant the last three or four months as
8:12:35PM the property owner choose not to renew the lease of a
8:12:41PM problem tenant who had cars on the property and a chained
8:12:44PM dog.
8:12:44PM The house is dated and deteriorating.
8:12:47PM My client is proposing an economically viable and
8:12:49PM sustainable solution for the specific circumstance of this
8:12:53PM lot at this location by reorienting the two lots that will
8:12:58PM conform to the city's RS-75 requirement with the exception
8:13:02PM of lot width and in the process, save the existing three
8:13:07PM large trees and one grand oak.
8:13:09PM There's the picture, I think Abbye has shown you one of the
8:13:16PM other trees on the property.
8:13:17PM Too often in trying to come up with land development

8:13:22PM solutions, we overlook some basic realities.
8:13:25PM In this case, these two lots combined form an oversized lot
8:13:30PM which would typically result in a larger house footprint to
8:13:35PM be consistent with the economics of the lot.
8:13:37PM The two platted combined -- the two lots combined are 139 by
8:13:45PM 113 feet.
8:13:47PM It is the second largest lot in the staff study area
8:13:51PM boundaries.
8:13:51PM I want to emphasize.
8:13:52PM This is the second largest lot in this study area that Abbye
8:13:56PM had originally talked about.
8:13:58PM The economics of the lot are driven not only by the initial
8:14:03PM pricing, but lender appraisals, continuing property taxes
8:14:08PM and property maintenance, etcetera.
8:14:10PM Two, as previously mentioned the lot neighbors to the east,
8:14:13PM west and northwest are on smaller lots, consistent in size
8:14:18PM with the proposed PD site plan.
8:14:21PM And three, most influential is that we have a value killer
8:14:26PM neighbor to the south.
8:14:28PM The TECO substation.
8:14:29PM Trying to build an economically viable home next to this
8:14:33PM facility is difficult at best.
8:14:35PM Some of what I have just mentioned are subjective issues.
8:14:39PM Others are hard economic realities.
8:14:42PM But they all speak to the character and sustainability and

8:14:46PM enhancement of the neighborhood.
8:14:48PM Going forward, the new normal for housing has to address
8:14:52PM affordability, practicality and financing.
8:14:55PM All of which will then affect the character, the
8:14:58PM sustainability and enhancement of neighborhoods.
8:15:01PM Staff limited its primary determination of compatibility at
8:15:08PM looking at numerical tabulation of the equivalent eight
8:15:13PM blocks surrounding this property and determining the
8:15:15PM predominant lot size.
8:15:17PM Then equating that to whether the proposed PD zoning is
8:15:20PM consistent with the land development code.
8:15:23PM To me, we are missing other land development and plan
8:15:27PM criteria that when viewed in context with all the relative
8:15:31PM information about this specific property provides a much
8:15:35PM more accurate compatibility picture.
8:15:39PM The PD site plan we are presenting focuses on criteria and
8:15:43PM in going forward encourages builders to redevelop
8:15:47PM deteriorating housing stock within neighborhoods, while
8:15:50PM still maintaining compatibility with existing land uses and
8:15:54PM providing quality end product.
8:15:57PM In addressing staff's comments, as contained in the staff
8:16:02PM report addressing compliance with the purpose of a site plan
8:16:06PM control rezoning, according to section 27-321, found on page
8:16:13PM 4 of their staff report.
8:16:15PM I have the following comments.

8:16:16PM You may want to turn to page four of the staff report.
8:16:19PM Item number one, although not mentioned by staff, the
8:16:23PM proposed site plan does promote the efficient and
8:16:26PM sustainable use of land in infrastructure and carefully
8:16:31PM considers the potential adverse impacts to on-site natural
8:16:35PM elements, i.e., the existing trees.
8:16:38PM I think you can see by the site plan on the first one, the
8:16:42PM green circles were all the existing trees that will remain.
8:16:46PM In addressing staff's analysis of the predominant lot width
8:16:50PM in the area, I have observed that several lots of record are
8:16:54PM having new homes built on them that are actually less wide
8:16:58PM than what is this PD plan calls for.
8:17:02PM However, since they are lots of record, they can have new
8:17:06PM homes permitted on them, while this property, due to its
8:17:10PM history, cannot.
8:17:11PM In assessing the PD's planned impact on the neighborhood, I
8:17:21PM ask the reverse question.
8:17:22PM What are the on-site and natural -- on-site natural and
8:17:25PM adjacent manmade impacts on this property rather than the
8:17:31PM reverse.
8:17:32PM This PD plan mitigates those impacts, allowing the property
8:17:36PM to be developed compatible with its set of unique
8:17:39PM circumstances, noting that the existing on-site trees, the
8:17:42PM TECO substation and the immediate surrounding lot sizes to
8:17:45PM the east, west and northwest.

8:17:49PM Item number two on your staff report, and there is agreement
8:17:53PM on item number two with staff that the proposed PD site plan
8:17:57PM encourages the compatibility and overall site and scale in
8:18:01PM both external and internal.
8:18:04PM Items three and four not applicable.
8:18:06PM Item five there is agreement with staff that the proposed
8:18:09PM development conserves energy by constructing new development
8:18:12PM and maximizes the press service of natural resources, the
8:18:16PM trees again.
8:18:17PM Number six, I have previously addressed my contention that
8:18:20PM the proposed PD site plan is appropriate when considering
8:18:23PM its location, character and compatibility with the
8:18:27PM surrounding impact neighborhood and most importantly, the
8:18:31PM built environment -- by the way, these are words directly of
8:18:35PM the, your code.
8:18:37PM The built environment and existing geography, i.e., the TECO
8:18:42PM substation and existing trees.
8:18:44PM Number seven, although staff did not thing this issue
8:18:48PM applicable, it is my opinion this PD site plan development
8:18:52PM promotes desirable living than would be possible through
8:18:56PM strict application of minimum requirements of other zoning
8:18:59PM districts.
8:19:00PM It has been pointed out that there are no other PD rezoning,
8:19:07PM or other rezonings in this immediate area that would allow
8:19:10PM this type of proposed development.

8:19:12PM My only comment is, is that times look back in time does not
8:19:17PM provide for sustainable development going forward.
8:19:19PM Number eight, I respectfully disagree with staff as to the
8:19:26PM architectural harmony of the proposed two houses.
8:19:30PM I will show you the elevations we are proposing.
8:19:33PM This is the first elevation.
8:19:35PM And this is the second elevation.
8:19:36PM Similar elevations to those being proposed tonight can be
8:19:41PM found throughout existing heritage Tampa neighborhoods whose
8:19:45PM housing dates back to the 1950s and 1960s.
8:19:48PM I contend this neighborhood already has a variety of
8:19:53PM architecture, allowing it to avoid being stuck in time and
8:19:56PM becoming less and less desirable.
8:19:59PM The overall appearance of the proposed PD plan homes are
8:20:04PM traditional, not modern as contained in the staff report.
8:20:07PM And there is no prohibition to any of the existing
8:20:11PM neighborhood homes being expanded to two stories.
8:20:14PM And therefore using the two story issue against the
8:20:17PM applicant seems to be inappropriate.
8:20:19PM There is an excellent example of similar architecturally
8:20:25PM styled two story homes located at 2305 south Lois Avenue,
8:20:29PM which is within one block of this rezoning.
8:20:33PM I'll put a picture up that actually shows the two homes.
8:20:36PM The one on the lower home is the one I'm talking about right
8:20:40PM now.

8:20:40PM It is noted that this house is on a lot of record.
8:20:44PM It's 68 feet wide, less than what we're proposing.
8:20:47PM And is less than what we are applying for the another even
8:20:50PM more extreme example is the upper one in the same
8:20:54PM photograph.
8:20:54PM It is the house located 4111 west San Miguel street, only
8:21:00PM one block to the north on Cameron.
8:21:03PM It is another two story residence on a lot of record only
8:21:07PM 5 feet wide.
8:21:09PM Also the photo that Ms. Feeley showed earlier with, I notice
8:21:14PM everybody kind of gasped, it was a very large house.
8:21:18PM That is on the lot that is less wide than the one we're
8:21:21PM proposing here.
8:21:22PM Obviously, we're not proposing something that large.
8:21:25PM Both of these examples are in city staff, the ones I showed
8:21:30PM you, as provided in staff report.
8:21:31PM And number nine, it is noted that the retention and re-use
8:21:34PM of the existing residence would not be either financially
8:21:39PM practical or a benefit to the neighborhood.
8:21:41PM In communicating with the neighborhood, the applicant has
8:21:44PM made numerous attempts to communicate and work with the
8:21:47PM surrounding neighbors as well as the Palma Ceia west
8:21:51PM neighborhood association.
8:21:52PM I will put into the record details of these attempts, but
8:21:56PM they have included one phone conversation with the record

8:21:59PM president, Mr. McNabb of the Palma Ceia neighborhood
8:22:03PM association, two phone call attempts to reach the Palma Ceia
8:22:08PM neighborhood association Juan Fernandez.
8:22:10PM No return calls were received and no meeting was arranged by
8:22:12PM the association.
8:22:13PM This were two mailed notice public meetings, one on-site
8:22:17PM meeting and had approximately, I think it's been
8:22:22PM communicated to me that five homeowners attended that.
8:22:24PM And then there was another public meeting at the Charles
8:22:27PM Reddick public library at which Mr. Hernandez and another
8:22:32PM officer of the association attended, as well as three other
8:22:35PM residents.
8:22:36PM There were comments about traffic of the two houses versus
8:22:40PM one.
8:22:41PM It may have been generated by a bad past tenant as mentioned
8:22:45PM earlier.
8:22:45PM We have pointed out that the two new homes will have full
8:22:49PM sized driveways and garages, which meets the city's
8:22:52PM requirements for accommodating off-street parking, plus it
8:22:55PM is assumed that there will be greater probability these two
8:22:58PM homes will be occupied by homeowners rather than renters.
8:23:02PM Although the Palma Ceia west homeowners letter to the city
8:23:06PM objecting to the rezoning mentioned drainage, we noted there
8:23:10PM is a large drainage ditch and city staff has not mentioned
8:23:15PM drainage as an issue.

8:23:16PM And with that, I, the applicant, Kevin Robles, are here to
8:23:19PM answer any questions or comments by Council or members of
8:23:23PM the public.
8:23:23PM >>CHARLIE MIRANDA: Any question for councilmembers?
8:23:26PM Ms. Montelione?
8:23:27PM >>LISA MONTELIONE: Thank you.
8:23:31PM Ms. Feeley, can you put your red-blue map back up there,
8:23:37PM please?
8:23:37PM Or maybe even, probably maybe the aerial would be better.
8:23:41PM Although it's hard to see, there are so many trees.
8:23:48PM Thank you.
8:23:54PM I want to talk about the reorientation of the homes.
8:24:00PM It's hard to see there, they're very fortunate to have a lot
8:24:08PM of very beautiful big tree there is the area, but makes it
8:24:11PM hard to see the rooftops.
8:24:12PM Can you tell me the.
8:24:16PM >>ABBYE FEELEY: If I may just a moment.
8:24:17PM In provision of our code, when we talk about reorientation,
8:24:23PM we're actually talking about the lots, no it the structure.
8:24:26PM Because many lots are oriented east-west, but the structure
8:24:30PM is oriented north-south.
8:24:33PM >>LISA MONTELIONE: Okay.
8:24:34PM >>ABBYE FEELEY: So just to be clear on that.
8:24:36PM Because even when this is configured, the front on the west
8:24:41PM lot would have to face San Carlos, but the front that has a

8:24:46PM corner on Cameron would have a front on San Carlos, but the
8:24:50PM front door of the house could be on Cameron.
8:24:52PM So when we talk about reorientation --
8:24:56PM >>LISA MONTELIONE: We are talking about the lot.
8:24:57PM And we're going to split this lot.
8:24:59PM Whether we are going to split it vertically or we're going
8:25:01PM to split it horizontally?
8:25:04PM >>ABBYE FEELEY: Correct.
8:25:06PM I'm sorry.
8:25:07PM >>LISA MONTELIONE: So, the request is to split, if we're
8:25:12PM going to talk horizontal and vertical lines, the request is
8:25:19PM to split these lots in a vertical orientation.
8:25:26PM >>ABBYE FEELEY: North-south orientation.
8:25:28PM Let me just use this because -- let's go back here.
8:25:37PM This is showing you the existing development line.
8:25:45PM The orientation here at this corner is the north-south
8:25:49PM orientation.
8:25:51PM This orientation is the platted lot orientation.
8:25:55PM Everything else follows the platted lot orientation.
8:26:00PM This is the only one that does not.
8:26:02PM >>LISA MONTELIONE: Got it.
8:26:05PM No, leave that there.
8:26:06PM So the two lots immediately to the west are -- I'm sorry, to
8:26:13PM the east.
8:26:14PM Thank you very much.

8:26:14PM Are oriented the same exact as what the applicant is asking
8:26:21PM for?
8:26:22PM >>ABBYE FEELEY: Yes.
8:26:23PM I did not evaluate the lot reconfiguration as part of my
8:26:28PM analysis because I found the split inconsistent.
8:26:31PM But if I may just read you the provision in the code that
8:26:35PM speaks to reorientation because probably should've put that
8:26:38PM in my staff report, knowing that if you felt the split were
8:26:42PM appropriate, you would be considering the criteria for
8:26:45PM reorientation.
8:26:47PM So if I may, just a few lines long.
8:26:50PM Says when considering the appropriateness of reconfiguring a
8:26:54PM zoning lot or lot of record into building lots, the zoning
8:26:58PM administrator shall, one, receive and review a field survey,
8:27:01PM conduct, number two conduct a site visit to view the actual
8:27:05PM lot development pattern of the block on which the subject
8:27:08PM lies.
8:27:09PM And three, review the actual development pattern for a
8:27:13PM radius of 1,320 feet.
8:27:20PM So quarter mile or more.
8:27:22PM That's a lot bigger than the area that we looked at or that
8:27:25PM you have for consideration before you, but, and to review
8:27:30PM the original plat or subdivision documents prior to
8:27:33PM determining consistency with the requirements stated in this
8:27:37PM chapter.

8:27:38PM >>LISA MONTELIONE: Okay.
8:27:38PM So we have got the two lots immediately to the east that are
8:27:42PM oriented exactly the same as what the applicant is asking
8:27:45PM for.
8:27:45PM And understanding that orientation refers to the lot and not
8:27:53PM to the structure, just curious, the houses across the
8:27:58PM street, or the house across the street, ray cross San
8:28:02PM Carlos.
8:28:04PM >>ABBYE FEELEY: This one here is oriented to the corner.
8:28:06PM And I showed you a picture of that.
8:28:08PM It's a weird kind of thing.
8:28:11PM This one here has a front here and the driveway and the
8:28:17PM garage here.
8:28:18PM This one here also had a front and then the driveway you can
8:28:26PM see the pad and the garage there.
8:28:29PM This one here had both the front door and the driveway
8:28:33PM there.
8:28:35PM >>LISA MONTELIONE: On to San Carlos or on Lois?
8:28:39PM >>ABBYE FEELEY: That one I have here.
8:28:40PM Hold on.
8:28:43PM >>LISA MONTELIONE: Just from a practical standpoint, which
8:28:45PM is how I'm looking at this, from a practical standpoint,
8:28:49PM with the lot requested in north-south orientation as is
8:28:56PM being asked, the driveway of the home across the street
8:29:02PM would be lined up, not exactly, but they would be driveway

8:29:07PM to driveway?
8:29:09PM >>ABBYE FEELEY: But the fronts of these two new homes --
8:29:17PM >>LISA MONTELIONE: Wait, let me finish asking my question.
8:29:19PM Thank you.
8:29:20PM Again, looking from a practical standpoint, if you're going
8:29:25PM to build something that's going to eventually be sold, I'm
8:29:28PM guessing these are spec houses, which is nice to see that
8:29:33PM people are risking their money to build spec houses again.
8:29:37PM The narrower -- the narrow part of the lot would be the real
8:29:47PM part of the lot, which would abut the TECO substation.
8:29:51PM >>ABBYE FEELEY: Yes.
8:29:53PM >>LISA MONTELIONE: And that would be then a 20-foot setback,
8:30:00PM because it would be the rear yard setback.
8:30:03PM >>ABBYE FEELEY: Yes.
8:30:04PM >>LISA MONTELIONE: If we said no, you have to follow
8:30:06PM development pattern so it has to be oriented in an east-west
8:30:12PM split, then you've got the entire side of your house to the
8:30:18PM substation, with only a seven foot setback.
8:30:22PM >>ABBYE FEELEY: Yes.
8:30:24PM >>LISA MONTELIONE: So just looking from a practical
8:30:26PM standpoint from building and selling things, having the lot
8:30:31PM orientation in a north-south makes a whole lot more sense.
8:30:39PM So, when -- I'm looking at the items under purpose, 27321,
8:30:48PM in your staff report.
8:30:50PM >>ABBYE FEELEY: Yes.

8:30:51PM >>LISA MONTELIONE: Number three, I think Mr. Powell pointed
8:30:53PM out, he felt it was failing to tissue and the layout.
8:31:00PM >>ABBYE FEELEY: Number three is typically when you have
8:31:01PM non-residential and residential development on one PD.
8:31:05PM And how those things relate to one another.
8:31:07PM That's typically how that criteria is evaluated.
8:31:11PM That is why I put that --
8:31:16PM >>LISA MONTELIONE: I guess what I was looking at was layout
8:31:18PM of residential, non-residential, because this property has
8:31:21PM the misfortune it being located next to a TECO substation.
8:31:27PM So that's what I was taking into consideration again.
8:31:30PM From a practical standpoint of building and selling whatever
8:31:34PM is put on this lot.
8:31:36PM So, in that sense I find that that would make sense, the
8:31:42PM north-south.
8:31:44PM >>ABBYE FEELEY: I would concur with you.
8:31:45PM >>LISA MONTELIONE: Okay.
8:31:46PM So given that, and given that you concur on number two that
8:31:49PM it is compatible, and on going up in number one, working
8:31:54PM backwards, the potential adverse impact to on-site natural
8:31:58PM elements surrounding impacting neighborhoods, you also agree
8:32:02PM because there's -- well...
8:32:05PM >>ABBYE FEELEY: That's where I don't agree.
8:32:07PM >>LISA MONTELIONE: I'm sorry, you don't agree.
8:32:09PM >>ABBYE FEELEY: Because it's buildable for one house right

8:32:12PM now.
8:32:12PM I don't know building two houses, I think that's probably a
8:32:15PM subjective statement because I'm not sure that building two
8:32:18PM houses is more efficient.
8:32:19PM >>LISA MONTELIONE: But building one house, one big house on
8:32:22PM that lot backing up to a TECO substation may not be -- isn't
8:32:29PM the most attractive financial investment for a builder.
8:32:32PM >>ABBYE FEELEY: It does have some natural constraints, are
8:32:34PM those trees --
8:32:36PM >>LISA MONTELIONE: Then that's what I meant to get at,
8:32:38PM number one, was the on-site natural elements.
8:32:41PM So that orienting the lots north-south vertical would, as I
8:32:47PM think Mr. Powell pointed out, save those trees.
8:32:50PM That one in the front is absolutely gorgeous.
8:32:53PM >>ABBYE FEELEY: It is.
8:32:56PM That's actually in the right-of-way.
8:32:58PM So they will need to be very, very nice to that tree.
8:33:04PM >>LISA MONTELIONE: Number six again talking about the built
8:33:07PM environment and the existing geography, I think Mr. Powell
8:33:10PM properly pointed out about again the TECO substation and the
8:33:15PM orientation there.
8:33:17PM So -- there's a lot of reason for me to disagree here with
8:33:23PM your inconsistent findings.
8:33:25PM So I'm anxious to hear how the others feel, but this is to
8:33:31PM me what is feasible for this lot.

8:33:35PM What they're asking for.
8:33:37PM >>ABBYE FEELEY: Our standard of review when I'm reviewing
8:33:39PM these, I seek to implore the same standard of review I do on
8:33:43PM each and every case.
8:33:44PM The reds outweighed the blues, so that's what I present to
8:33:49PM you.
8:33:50PM >>LISA MONTELIONE: There's looking at a very clinical, you
8:33:52PM know, obviously, there's more red than blue on this
8:33:55PM particular map.
8:33:56PM But I think there are other factors that we need to take
8:33:59PM into consideration when we're considering.
8:34:02PM >>CHARLIE MIRANDA: And remember, it goes by electoral votes.
8:34:05PM [ Laughter ]
8:34:07PM >>ABBYE FEELEY: Reds and blues.
8:34:08PM Did they finish that count yet?
8:34:10PM >>LISA MONTELIONE: Sometimes I feel like North Dakota.
8:34:12PM >>CHARLIE MIRANDA: Right now, I feel like South Dakota.
8:34:15PM But anyway, I understand what you all are saying.
8:34:19PM But I'd like to get back to the motion of the public to the
8:34:23PM public hearing.
8:34:24PM Item number 7.
8:34:27PM Anyone in the public care to speak on item number 7, please
8:34:30PM come forward at this time.
8:34:34PM Yes, sir?
8:34:38PM >>CHARLIE MIRANDA: Number eight, I'm sorry.

8:34:41PM It's 8.
8:34:46PM >> Talking about the --
8:34:48PM >> I need your name and address.
8:34:50PM >> Sid nettles, 4121 West Palm Aria avenue.
8:34:56PM I own my own home, two lots directly south of the
8:34:59PM substation.
8:35:02PM Our houses aren't dated.
8:35:06PM I own two lots.
8:35:08PM My wife just sent the city her 35th check for taxes.
8:35:16PM Speculators are in the neighborhood again.
8:35:20PM They're wanting to put two houses on one lot.
8:35:24PM My neighborhood is the original Virginia park, which runs
8:35:29PM from Palmira and Lois, three streets south to Bay to Bay and
8:35:37PM from Lois to Himes.
8:35:38PM We all have double lots, hundred by a hundred.
8:35:43PM Few years back, speculators came in said oh, we'll tear down
8:35:49PM one house, we'll put two mega houses up.
8:35:52PM We had to fight like crazy.
8:35:53PM I don't have the people behind me any more, but we stopped
8:35:56PM it.
8:35:56PM We all have hundred by hundred lots.
8:36:00PM I'm in the original Virginia park, Palma Ceia west is one
8:36:07PM street over from me.
8:36:09PM You're requesting to tear down a house and put up two.
8:36:14PM On Lois, one of the people that has built one of the new

8:36:22PM houses on Lois has the police there continuously for
8:36:26PM speeders.
8:36:29PM She's got a four-way stop sign put up.
8:36:33PM I don't believe the one big house on that lot, yeah, fine.
8:36:38PM Two, no.
8:36:40PM Our water pressure is low.
8:36:43PM I'm only 300, 400 feet from the houses you're requesting to
8:36:48PM put two instead of one.
8:36:50PM My water pressure, I can hardly take a shower because we're
8:36:53PM on the end of the line.
8:36:54PM Lois is overloaded with traffic.
8:36:56PM I can't back out of my driveway.
8:36:58PM You're wanting to put two houses.
8:37:00PM I'm not wanting to live in the past.
8:37:04PM My grandfather moved to Tampa in 1890.
8:37:06PM I'm not moving.
8:37:07PM My wife parents' moved to Hillsborough County in 1850.
8:37:12PM I pay my taxes.
8:37:14PM I'm not a little guy.
8:37:15PM I'm not a big guy.
8:37:16PM I'm just -- I'm not wanting to hold back progress.
8:37:21PM But, two houses on that lot won't go.
8:37:23PM Why not one house?
8:37:26PM The reason you're wanting two houses or whoever is building
8:37:29PM this is there's little more money for them.

8:37:33PM Makes sense.
8:37:33PM So if you approve this, can I tear my house down and build
8:37:38PM two houses on my two lots?
8:37:42PM I own two 50 by hundred foot lots.
8:37:46PM Everybody on Virginia park owns 250 by 100 lots.
8:37:50PM Can we all start tearing down our houses and build two
8:37:55PM houses?
8:37:55PM My time running out?
8:37:57PM >>CHARLIE MIRANDA: Yes, sir.
8:37:57PM >> You all don't live in this neighborhood.
8:38:00PM >>CHARLIE MIRANDA: Well -- I'm sorry, sir, we have gone over
8:38:03PM the three minutes.
8:38:05PM >> That's all I get?
8:38:07PM >>CHARLIE MIRANDA: Thank you very much.
8:38:07PM >> Thank you.
8:38:08PM >>CHARLIE MIRANDA: Next please?
8:38:16PM >> Good evening.
8:38:16PM My name is Kathleen duffer, I've been sworn.
8:38:20PM I live at 2402 south Lois Avenue.
8:38:25PM I've lived there about six years.
8:38:26PM I am to the west of the property.
8:38:29PM I'm one of the blue lots that is right on Lois and San
8:38:34PM Carlos on the corner lot.
8:38:37PM And I would like for you to deny the change in the, the
8:38:45PM rezoning of the lot because of the lot size changing it to.

8:38:51PM I understand that it's almost 75 if you split it, and it's
8:38:59PM enough square footage, but I live on a lot that is, it's
8:39:05PM grandfathered in to, to the 75, but it's actually about,
8:39:14PM mine is split the other way, if one we're talking about was
8:39:18PM split east-west, that's mine, next to, to the other one.
8:39:25PM And the other house to the south of me is next to the
8:39:27PM substation.
8:39:28PM The lot size now is a great size for the lot we're talking
8:39:36PM about.
8:39:37PM For a single-family house, it would have a plentiful yard
8:39:42PM for kids to grow and play in.
8:39:44PM And to split it, it would be very similar to my size.
8:39:48PM I have four grandkids that play and they're growing up in my
8:39:55PM home, and I worry about them playing outside.
8:40:00PM We have a small backyard, which they play in, but when they
8:40:03PM want to ride their bikes, etcetera, they're out on San
8:40:07PM Carlos mainly.
8:40:09PM And with the two homes going in there, we're going to worry
8:40:13PM about cars parking on that street, traffic.
8:40:17PM The two new driveways would back up to the neighbor to the
8:40:22PM north, and they would be butted up against each other
8:40:28PM backing up.
8:40:33PM I believe that splitting the lot and putting two homes in
8:40:37PM there, even though you keep the trees, the green space
8:40:41PM itself, you're going to lose, we're going to lose on.

8:40:44PM And as it stands now, we don't have too much problems with
8:40:50PM water in the street.
8:40:53PM But I think that there -- it's a possibility.
8:41:01PM Parking for the homes may cause a problem on San Carlos.
8:41:06PM And there are three other neighbors that the pictures were
8:41:10PM shown, the one right across the street to the north, north
8:41:13PM to me and the east of the property, they were also against
8:41:21PM this change of splitting it into two.
8:41:24PM >>CHARLIE MIRANDA: Thank you very much.
8:41:24PM >> Thank you for your time.
8:41:26PM >>CHARLIE MIRANDA: Next please, sir?
8:41:30PM We're going to go to the right, then to the left.
8:41:32PM This gentleman was up first.
8:41:34PM Let's go.
8:41:35PM I know we're friends, but I'm going to rule in your favor.
8:41:40PM >> I'm marshal Thrasher.
8:41:43PM I'm a graduate of Dale Mabry elementary school three blocks
8:41:47PM north up there and graduate of Plant High School.
8:41:50PM Four blocks east.
8:41:55PM And I've seen a lot come and go in there.
8:42:04PM The TECO station was very beautiful looking in its day.
8:42:07PM And I liked the privacy that it offers also.
8:42:14PM And yeah, I didn't tell you, 2405 south Lois, which is right
8:42:20PM across the street from the lady's house there that just
8:42:25PM spoke.

8:42:26PM That's me and I'm marshal Thrasher.
8:42:29PM I have been around a little while, but I have overseas and
8:42:32PM everywhere else too.
8:42:34PM But I've got 20 years at least going right now.
8:42:39PM So I am against this proposal.
8:42:41PM I think it doesn't benefit the community.
8:42:45PM And go with my predecessors.
8:42:53PM >>CHARLIE MIRANDA: Thank you very much.
8:42:53PM Next, please?
8:42:59PM >> Good evening, Councilmembers.
8:43:01PM Michael McNabb, 2404 south Park Avenue, 33629.
8:43:07PM I've lived there 25 years.
8:43:08PM And I've been sworn.
8:43:10PM I'm board member and immediate past president of Palma Ceia
8:43:14PM west neighborhood association and I'm really here to speak
8:43:17PM in opposition to the rezoning, both as a neighbor, I had I
8:43:20PM have the next street over.
8:43:21PM And also as the representative of the association.
8:43:25PM Our president had to make a trip out of town and could not
8:43:27PM make it, so I'm standing in his place.
8:43:30PM We also previously sent a letter to the Council in
8:43:33PM opposition to this and that should be in your records.
8:43:36PM I want to remind you in 2004, this same request came before
8:43:40PM this board.
8:43:42PM Same thing.

8:43:43PM Split the lot in half the only thing I recall different was
8:43:46PM what you referred to orienting one house towards Cameron and
8:43:50PM the other one towards San Carlos.
8:43:52PM But neither lot would've conformed in that situation either.
8:43:55PM And we were in opposition to the PD at that time and it was
8:44:00PM denied by this board.
8:44:01PM So it's really the same thing over again.
8:44:03PM Except time has gone by.
8:44:06PM We have really consistently opposed splitting lots like this
8:44:10PM in our area because of the precedent that it sets and also
8:44:13PM the fact that the lots in our area are very desirable right
8:44:16PM now.
8:44:17PM When somebody buys a corner lot like this one, they
8:44:19PM typically knock the house down and they put a nice new two
8:44:22PM story house on it.
8:44:23PM We have a lot of those going on.
8:44:25PM So our neighborhood is a mixture of 550 new homes and older
8:44:29PM homes, some large, some smaller, but it's moving towards new
8:44:33PM homes.
8:44:34PM In the Plant High School district.
8:44:39PM The lot right down the street from that just sold for
8:44:42PM $180,000 without a house on it.
8:44:45PM It's a corner lot similar to this.
8:44:47PM We're opposed to it for a number of reasons.
8:44:50PM I did speak to all the neighbors I could talk to and I

8:44:53PM didn't find anybody that was in favor.
8:44:55PM All were opposed to it because of the smaller lot size in
8:44:59PM there.
8:44:59PM Ms. Feeney (sic) alluded to the RS-60 which the city was
8:45:04PM converting lots to.
8:45:05PM Back in the '80s we wanted to stay with 75 and the city
8:45:08PM granted us that.
8:45:09PM So those are your codes.
8:45:12PM If it's RS-75, then we think the lot should conform to that
8:45:16PM I don't see a hardship in this situation.
8:45:18PM I don't see an immediate need.
8:45:19PM In terms of the TECO substation, it's been there a long
8:45:23PM time.
8:45:23PM I see it every day when I drive by it.
8:45:26PM TECO has been a good neighbor.
8:45:27PM They've renovated it.
8:45:29PM They took down some rusty structures, they painted and
8:45:31PM landscaped it.
8:45:33PM And we really don't see that as a detriment.
8:45:35PM You can see it from Lois, Palmyra, my street and everything
8:45:39PM else.
8:45:40PM It's there and it's not going anywhere.
8:45:43PM The staff doesn't recommend this.
8:45:45PM We don't recommend it.
8:45:47PM I hope that you don't recommend it.

8:45:49PM We don't really feel like there's any particular need to
8:45:52PM split that lot.
8:45:52PM We'd like to see a nice two story brand new home on that lot
8:45:58PM that matches the other new homes that are going in there.
8:46:00PM And there's no reason why a nice home couldn't be put on
8:46:03PM that lot.
8:46:04PM Thank you.
8:46:05PM >>CHARLIE MIRANDA: Anyone else in the audience care to speak
8:46:08PM to this item, item number 8?
8:46:15PM I see no one.
8:46:16PM Petitioner, you have five minutes for rebuttal.
8:46:22PM >> Again, for the record, Timothy H. Powell.
8:46:25PM The applicant and I both are type of people that we try to
8:46:32PM define specific issues that we can address in order to be
8:46:37PM able to reach compromises on.
8:46:39PM And think one of the harder things in this particular case
8:46:44PM has been mainly to combat the fact that they just don't like
8:46:47PM it.
8:46:48PM I think there were several issues that even some Council
8:46:53PM people brought up.
8:46:55PM In order to go back, I think if you want to look at the site
8:47:00PM plan, you'll notice -- the big green circles are the trees.
8:47:12PM So in order to be able to really save the trees, if in fact
8:47:17PM as the people said they want us to put a very large two
8:47:19PM story house on there, you're going to start taking out some

8:47:22PM of those trees.
8:47:23PM It just seems to be inconsistent.
8:47:27PM There are inconsistencies in what they're saying.
8:47:30PM But I've been doing this for a long time, as probably
8:47:33PM Mr. Miranda knows just how long.
8:47:34PM >>CHARLIE MIRANDA: I haven't been here that long.
8:47:36PM >> I know.
8:47:37PM Actually probably here before you were.
8:47:39PM Again, trying to define issues that we can address.
8:47:46PM They talk about drainage and yet we have a drainage canal
8:47:48PM right there in the city drainage department didn't mention
8:47:51PM there was any drainage problems.
8:47:53PM We've talked about the fact that there are precedent houses
8:47:58PM being built -- in fact, one of the people opposing on Lois
8:48:04PM said she actually has a lot that size but she thinks that
8:48:07PM we'll cause problems.
8:48:08PM Having to do with child care and not enough yard space,
8:48:12PM etcetera.
8:48:14PM The thoughts are brought up about driveways, yet San Carlos
8:48:18PM has nothing but driveways.
8:48:19PM So we are putting our driveways on San Carlos, which are
8:48:23PM compatible with the driveways already there, yet somebody
8:48:26PM says that's going to cause a problem.
8:48:27PM So I think what we're faced with, and I certainly don't mean
8:48:31PM to demean anybody.

8:48:33PM But you get to a point where you gather that they don't like
8:48:37PM it.
8:48:39PM And that's it.
8:48:40PM So it's very, very difficult for people like myself and
8:48:42PM Mr. Robles to face up with and to come up with a solution.
8:48:47PM I think the PD plan provides for adequate off-street
8:48:50PM parking.
8:48:51PM We have talk about that.
8:48:52PM Has driveways and garages.
8:48:54PM They have homes scaled to the neighborhood.
8:48:56PM We're not trying to overbuild on these lots at all.
8:48:59PM It's traditional architecture.
8:49:04PM Compatible with heritage neighborhoods.
8:49:07PM Most important, it's replacement of an existing
8:49:11PM deteriorating structure with two single-family homes on lots
8:49:15PM that are compatible with the adjoining neighbors.
8:49:18PM One of the Council people brought out, the southeast corner,
8:49:21PM this was the first thing I saw when I took on this case the
8:49:24PM southeast corner has the same orientation as we do.
8:49:27PM Yes it was done before zoning.
8:49:29PM But it's still there I mean it's a physical surrounding that
8:49:33PM we have to deal with.
8:49:34PM And unfortunately I really disagree when somebody says the
8:49:38PM TECO substation is not a problem.
8:49:40PM It's a problem, folks.

8:49:41PM This is the new reality of financing homes.
8:49:44PM You go to a bank, the first thing they're going to look at
8:49:47PM that substation.
8:49:48PM Then it's going to be the appraisal.
8:49:50PM Then you have to get it financed.
8:49:51PM If people want us to build a nice big two story home, the
8:49:55PM question is go to a bank and talk to them and figure out how
8:49:58PM you're going to get an appraisal for it.
8:50:00PM Because you're not going to get it.
8:50:01PM These are the new harsh realities of building single-family
8:50:05PM homes anywhere, whether in south Tampa, New Tampa, wherever.
8:50:10PM You're going to have to face these new surroundings, not
8:50:12PM you, but us the, industry is having to face them.
8:50:16PM So what -- we have come up with what we think is a very,
8:50:19PM very good solution.
8:50:21PM It's sound.
8:50:21PM It takes into account its surroundings and I understand the
8:50:26PM city staff.
8:50:27PM I've had long conversations with Ms. Feeley.
8:50:31PM I understand why they think it's the predominant land use.
8:50:34PM But to me that's a simple numerical analysis.
8:50:37PM It doesn't dig into the character.
8:50:39PM It doesn't dig into sustainability.
8:50:41PM It doesn't dig into the financial issues.
8:50:44PM And that's what my client has to deal with.

8:50:48PM He can't avoid it.
8:50:49PM He can't simply say go into the bank and say hey, numerical
8:50:54PM count is here, give me an appraisal, build a two-story
8:50:58PM house.
8:50:58PM Doesn't work that.
8:50:59PM Thank you very much.
8:51:00PM >>CHARLIE MIRANDA: Any discussion for Councilmembers before
8:51:02PM we close?
8:51:05PM >> Motion to close.
8:51:06PM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, seconded
8:51:08PM by Ms. Capin.
8:51:10PM To close.
8:51:11PM All in favor of that motion, please indicate by saying aye.
8:51:12PM Opposed nay.
8:51:14PM Item number 8 is now closed.
8:51:17PM What's the pleasure of Council?
8:51:19PM >>LISA MONTELIONE: Sir I move to approve zoning the request
8:51:21PM for zoning Z12-38.
8:51:25PM >>CHARLIE MIRANDA: Okay, you have to read the ordinance.
8:51:27PM >>LISA MONTELIONE: Thank you, sir.
8:51:28PM Ordinance being presented for first reading consideration,
8:51:52PM ordinance rezoning property in the general vicinity of 2401
8:51:54PM South Cameron Avenue in the City of Tampa, Florida, more
8:51:58PM particularly described in section one, from PD zoning
8:52:00PM district classification RS-75 residential single-family to

8:52:04PM PD planned development, residential, single-family detached,
8:52:07PM providing an effective date.
8:52:08PM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione.
8:52:10PM Do I have a second?
8:52:12PM >> Second.
8:52:13PM >>CHARLIE MIRANDA: Seconded by Ms. Capin.
8:52:15PM Any further discussion for Councilmembers?
8:52:19PM Any discussion?
8:52:21PM All in favor of the motion, please indicate by saying aye.
8:52:23PM Opposed, nay.
8:52:25PM Roll call vote.
8:52:34PM >>MIKE SUAREZ: No.
8:52:35PM >>YVONNE CAPIN: No.
8:52:38PM >>FRANK REDDICK: No.
8:52:40PM >>CHARLIE MIRANDA: No.
8:52:42PM >>MARY MULHERN: No.
8:52:45PM >>HARRY COHEN: Why.
8:52:47PM >>LISA MONTELIONE: Yes.
8:52:48PM >>THE CLERK: Motion fails with Suarez, Reddick, Miranda and
8:52:52PM Mulhern voting no.
8:52:57PM >>CHARLIE MIRANDA: Thank you all very much for attending.
8:53:01PM Yes?
8:53:03PM >>MARTIN SHELBY: You would need.
8:53:05PM >> Move to deny.
8:53:06PM >>CHARLIE MIRANDA: Motion by Ms.--

8:53:09PM >>MARY MULHERN: The application based on the inconsistency
8:53:13PM that the staff Land Development Coordination proposed in the
8:53:19PM surrounding area, it's not consistent with the development
8:53:22PM pattern of the surrounding area.
8:53:26PM >> Second.
8:53:27PM >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, I have a
8:53:30PM second by Mr. Reddick, close the vote.
8:53:34PM >>MARTIN SHELBY: I'm sorry to interrupt.
8:53:36PM But Ms. Mulhern, would you also include the entire staff
8:53:40PM report's finding of inconsistency relative to section
8:53:45PM 27-321.
8:53:49PM >>MARY MULHERN: Yes, relative to section -- what was it?
8:53:55PM 27-321.
8:53:59PM >>MARTIN SHELBY: Comprehensive plan.
8:53:59PM The comprehensive plan, I believe on page two, if you see it
8:54:12PM there, the general requirements of staff finding.
8:54:16PM >>MARY MULHERN: That's what I was referring to.
8:54:19PM >>CHARLIE MIRANDA: Findings come under that.
8:54:21PM >>MARY MULHERN: It's actually on page three.
8:54:24PM General requirements of code staff findings, policy 18.410,
8:54:32PM it is not consistent with the majority of lots in the area.
8:54:37PM >>MARTIN SHELBY: Thank you.
8:54:38PM >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern, second by
8:54:41PM Reddick on that motion for denial based on the fact was
8:54:45PM stated on the record.

8:54:47PM Close vote.
8:54:47PM All in favor of that motion, please indicate by saying aye.
8:54:50PM Opposed nay.
8:54:51PM Roll call vote again just for the record.
8:54:58PM >>MIKE SUAREZ: Yes.
8:55:01PM >>YVONNE CAPIN: No.
8:55:03PM >>FRANK REDDICK: Yes.
8:55:04PM >>CHARLIE MIRANDA: Yes.
8:55:09PM >>MARY MULHERN: Yes.
8:55:10PM >>HARRY COHEN: No.
8:55:11PM >>LISA MONTELIONE: No.
8:55:12PM >>THE CLERK: Motion carried with Capin, Cohen and Montelione
8:55:17PM voting no.
8:55:20PM >>CHARLIE MIRANDA: Okay.
8:55:21PM We go to item number 9.
8:56:01PM >>ABBYE FEELEY: Kneel feel item number 9 is not a lot split.
8:56:05PM It is rezoning from RM-16 to PD planned development for
8:56:10PM office, medical and parking commercial off-street.
8:56:13PM Actually what is before you, it's at 512 South Tampania.
8:56:19PM This is at the corner of Tampania and Deleon.
8:56:23PM Ask is a two phase request, first for off-street commercial
8:56:27PM parking and second would be to build a medical office above
8:56:30PM the parking.
8:56:31PM I will reserve the rest of my presentation after Mr. Hay.
8:56:42PM >> Good evening, commissioners, David Hay again with your

8:56:45PM Planning Commission staff.
8:56:46PM And I have been sworn.
8:56:48PM While we continue our run of cases within the central Tampa
8:56:51PM planning district, the subject site is located just within
8:56:54PM the boundaries of the district in the lower left side of the
8:56:57PM map.
8:56:58PM Next we move on to the aerial.
8:57:04PM Here we can see the subject site in the center of the map
8:57:06PM immediately to the east we have the Florida Cardiovascular
8:57:09PM Institute and the Madison SoHo apartments.
8:57:14PM Single-family attached residential uses are located to the
8:57:18PM north.
8:57:18PM And now we can see numerous medical office uses in the
8:57:23PM memorial hospital campus located west along west Swann
8:57:26PM avenue and West Deleon Street.
8:57:28PM Finally move on to future land use category.
8:57:36PM The subject site is completely surrounded by the community
8:57:40PM commercial 35 and it's also designated community commercial
8:57:44PM 35.
8:57:44PM There is also some community mixed use 35, mixed in as well.
8:57:49PM These are the light pink colors.
8:57:50PM We can see the residential 20 future land use category
8:57:55PM further to the north.
8:57:56PM We can also see the proximity to the Parkland Estates
8:58:00PM neighborhood, which is located to the south of the subject

8:58:02PM site and designated residential 6 in the yellow.
8:58:06PM Planning Commission staff found that the proposed rezoning
8:58:09PM allows for further intensification within an area of the
8:58:12PM city that is planned and programmed to support additional
8:58:13PM intensification.
8:58:14PM Proposed rezoning furthers the number of goals within the
8:58:18PM comprehensive plan regarding urban design and promotion of
8:58:21PM redevelopment within appropriate areas of the city.
8:58:24PM Planning Commission staff finds the zoning request
8:58:26PM consistent with the Tampa comprehensive plan.
8:58:35PM >>ABBYE FEELEY: Thanks, David.
8:58:37PM Abbye Feeley, Land Development Coordination.
8:58:39PM There is one waiver with this request this evening and that
8:58:41PM is to allow for access to a local street, which is South
8:58:44PM Tampania Avenue.
8:58:47PM Proposing to rezone the property located at 512 South
8:58:53PM Tampania from residential multi-family to PD planned
8:58:59PM development, two phase development scenario.
8:59:02PM This would include parking commercial off-street, which is
8:59:04PM listed as phase one.
8:59:06PM And medical office, which is listed as phase two.
8:59:08PM The .20-acre parcel is located at the northeast corner of
8:59:14PM South Tampania and Deleon.
8:59:17PM Currently vacant.
8:59:18PM Phase one would develop a 14 space commercial parking lot

8:59:21PM with ingress on west Deleon and egress on South Tampania.
8:59:25PM And phase two would propose a 2,000 square foot two story
8:59:28PM medical office with surface parking located under the
8:59:31PM building.
8:59:31PM The property is surrounded by medical office and parking and
8:59:36PM stormwater retention to the north, east is a day care and --
8:59:41PM I'm sorry, west is day care and there's residential to the
8:59:44PM south along Deleon.
8:59:46PM PD setbacks for the structure proposed under phase two,
8:59:51PM north, eight feet, south eight feet, east 25 feet, and west
8:59:56PM 25 feet.
8:59:56PM The maximum building height is proposed at 23.5 feet.
9:00:00PM The required parking for medical office is 12 spaces and 12
9:00:04PM spaces would be provided, including nine standard, two
9:00:08PM compact and one ADA space.
9:00:10PM Let me go ahead and show you the aerial zoning atlas and
9:00:14PM photos of the site.
9:00:15PM This is the infamous I-10.
9:00:20PM I usually refer to the infamous I-11.
9:00:25PM You'll see there are many PDs around this area.
9:00:28PM This is Deleon to the south.
9:00:31PM Tampania to the west.
9:00:32PM Armenia to the east.
9:00:36PM The site is shown here in green.
9:00:38PM There is RL one, which is the day care to the west.

9:00:43PM There's host and CG, OP, many medical offices that support
9:00:51PM memorial hospital along that area, as well asp several on
9:00:56PM Armenia, large PD here is the Greenwise Publix.
9:01:00PM The ZOM project.
9:01:03PM Multi-families.
9:01:04PM A mix of all sorts of things.
9:01:05PM Then you hit Howard every, which is CG.
9:01:08PM There is the site again and the orientation again, Tampania,
9:01:19PM Deleon, Armenia.
9:01:20PM Here is the site from Tampania looking east.
9:01:29PM There is immediately to the north of it is the stormwater
9:01:38PM retention pond or the existing medical.
9:01:44PM I'm traveling north now up Tampania, pretty short block
9:01:46PM right here.
9:01:48PM There is -- this is another PD to the north, multi-family.
9:01:56PM Located, Tampania dead ends just north of here.
9:02:04PM There's a large stormwater pond that is a city facility.
9:02:07PM There is another PD on the west side of Tampania for again
9:02:19PM some terminals.
9:02:21PM Moving south on Tampania is the parking for the day care.
9:02:24PM And then the bay school building itself.
9:02:30PM This is a view looking east, I'm sorry west down Deleon.
9:02:35PM This is the southeast corner across, immediately to the
9:02:40PM south of the project across Deleon.
9:02:44PM This is a view from Tampania.

9:02:46PM This is another, residential single-family attached.
9:02:56PM That is the southwest corner of Deleon and Tampania,
9:03:02PM immediately across from the day care.
9:03:04PM Dollar some outstanding site plan requirements that need to
9:03:15PM be corrected in between first and second reading.
9:03:17PM I have identified those in the staff report.
9:03:21PM There are comments from Land Development Coordination, solid
9:03:25PM waste, and natural resources related to the trees.
9:03:30PM Staff's finding in relation to the PD criteria is provided
9:03:33PM on pages four and five.
9:03:35PM This is an infill piece of property along Deleon, there's a
9:03:40PM host of different uses, neighborhood serving uses.
9:03:43PM This backs up to medical office.
9:03:46PM The subject parcel is less than 10,000 square feet, so it
9:03:50PM would not qualify for CN or CG or Euclidian district.
9:03:54PM It must utilize the PD.
9:03:56PM There are no green space or buffer waivers being requested.
9:04:01PM And the proposed architecture is complementary to the
9:04:05PM surrounding area.
9:04:06PM Staff is available for any questions.
9:04:08PM >>CHARLIE MIRANDA: Thank you very much.
9:04:08PM Petitioner here?
9:04:21PM >> Hi.
9:04:22PM My name is Dustin Ballard.
9:04:26PM I'm with BDI, Baskerville-Donovan,

9:04:29PM 1860 Highland Oaks Boulevard, Lutz, Florida, 33559.
9:04:34PM I'm representing the client of Florida Cardiovascular, which
9:04:37PM is actually the parcel just to the east and to the north of
9:04:42PM the site that we're requesting rezoning on.
9:04:47PM We are prepared and are going to meet all the modifications
9:04:52PM that city staff has asked to meet.
9:04:56PM We have actually already looked at them to make sure that we
9:04:59PM could, and we can.
9:05:00PM With that, the building we're going, the buildings are going
9:05:07PM to be very similar.
9:05:08PM They're going to look just like the medical office just to
9:05:11PM the northeast of it.
9:05:16PM The surrounding area you've got tall buildings, so I don't
9:05:19PM think height is an issue.
9:05:21PM The parking at Florida cardio that's there now is going to
9:05:25PM be very similar, parking underneath the building.
9:05:28PM So we are just taking that on to the lot that we're looking
9:05:31PM for the rezoning for.
9:05:33PM With that, I guess, are there any questions?
9:05:36PM >>CHARLIE MIRANDA: Thank you very much.
9:05:37PM Any questions for Councilmembers?
9:05:39PM Anyone in the audience care to speak on this item?
9:05:42PM Item number nine.
9:05:45PM >>LISA MONTELIONE: Sir, I have a question.
9:05:46PM This is being built in phases?

9:05:48PM >> Yes.
9:05:49PM >>LISA MONTELIONE: So, in the first phase is consisting of
9:05:53PM what?
9:05:53PM >> Of parking.
9:05:56PM Just parking on the lot.
9:05:58PM >>LISA MONTELIONE: So it's only parking.
9:06:01PM >> Yes.
9:06:02PM >>LISA MONTELIONE: I guess the only concern I have after
9:06:04PM looking everything over is that if you decide not to build
9:06:09PM phase two, all we have is a parking lot.
9:06:13PM >> And it will serve the Florida cardio building that's
9:06:16PM there now.
9:06:17PM There is a sidewalk -- there is a modification we have to do
9:06:23PM to that, but there will be a connecting sidewalk and access.
9:06:26PM >>LISA MONTELIONE: Right.
9:06:28PM Well, but all on Deleon from south Armenia to South Tampania
9:06:32PM will be nothing but parking.
9:06:38PM >> I'm sorry.
9:06:39PM >>LISA MONTELIONE: I'm looking at the map.
9:06:42PM I'm looking on west Deleon.
9:06:44PM So the -- Abbye?
9:06:54PM Put the map.
9:06:57PM >>ABBYE FEELEY: So you're saying for this block space right
9:06:59PM here?
9:07:00PM >>LISA MONTELIONE: Yes.

9:07:00PM It will all be parking, from one end to the other?
9:07:03PM >> Yes.
9:07:04PM >>LISA MONTELIONE: That's what I have a problem with.
9:07:05PM Because if you decide not to build phase two, all we're
9:07:09PM going to have a parking on that entire block.
9:07:12PM And I thought the direction of the -- I know it doesn't
9:07:19PM necessarily encompass this area, but one of the things when
9:07:23PM I attended the ULI sessions for the envision plan and some
9:07:28PM of the planning sessions held for envision were, and again
9:07:31PM this doesn't affect this particular section, but just as an
9:07:36PM aesthetic to an area, you don't want to have all of your
9:07:42PM parking facing the street.
9:07:44PM Because as people drive by, all they see is one large
9:07:47PM parking lot from one end of the block to the other.
9:07:50PM So, I don't know what my fellow Councilmembers are going to
9:07:59PM say, but I'd be looking to maybe tie the -- if you are
9:08:08PM amenable to it, to make a note on the site plan to tie the
9:08:13PM time period of construction of phase two into, I don't know,
9:08:19PM something reasonable, that CO has to be within two years of
9:08:25PM the approval.
9:08:27PM >> Can I say something about the parking?
9:08:29PM >>LISA MONTELIONE: Sure.
9:08:31PM >> Right now, they didn't say this in the report, City of
9:08:36PM Tampa, but talking with them, this is an issue with parking
9:08:40PM out at this area for cardio.

9:08:42PM They have an issue with parking in this area.
9:08:47PM And that's the reason for the parking lot for the interim
9:08:51PM for now.
9:08:53PM I think it's under my -- that the building has to be
9:08:58PM constructed within five years.
9:09:04PM >>LISA MONTELIONE: Well, in five years the rezoning -- the
9:09:07PM rezoning would expire.
9:09:08PM If they didn't go forward?
9:09:15PM >>JULIA MANDELL-COLE: The PD is within five years under, if
9:09:18PM you don't substantially construct under your PD, then you
9:09:23PM would potentially have to come in and -- the thing about it,
9:09:28PM there is no obligation for them to build anything more than
9:09:30PM the parking lot.
9:09:32PM So if they do the parking lot, they probably have complied
9:09:35PM with the PD.
9:09:36PM If they after five years wanted to build the structure, they
9:09:40PM may have to come back to rezone if there's new code that
9:09:44PM would be required to be complied with.
9:09:48PM >>LISA MONTELIONE: I'm sorry, I have to step out for a
9:09:49PM minute.
9:09:50PM The lot directly to the north of this one, what is there?
9:09:56PM Abbye, I'm sorry, I missed your presentation.
9:10:01PM >>ABBYE FEELEY: It's the stormwater pond for the parking lot
9:10:03PM at the Florida Cardiovascular Institute.
9:10:08PM >>LISA MONTELIONE: So it's stormwater retention right there?

9:10:11PM >>ABBYE FEELEY: Yes.
9:10:12PM This lot is 64 by 139 feet.
9:10:15PM I don't really know what else -- I mean it doesn't have
9:10:20PM depth enough --
9:10:22PM >>LISA MONTELIONE: I mean the site plan and elevations, it's
9:10:28PM the eventual intention is great.
9:10:30PM What I don't want to happen, I don't want to be stuck with a
9:10:33PM parking lot on the entire block phase.
9:10:38PM >>ABBYE FEELEY: If I may.
9:10:39PM All required -- there are no buffer waivers whatsoever.
9:10:43PM So you will have an landscape buffer surrounding the
9:10:47PM property, with plants, shrubs, they have not asked for any
9:10:51PM waivers as far as the shielding and buffering of the
9:10:52PM required parking lot.
9:10:54PM So that being said, you know.
9:10:58PM >>CHARLIE MIRANDA: Let me just say this.
9:10:59PM Maybe I shouldn't say it but that's how I am if I got, you
9:11:03PM know, I say way got to say.
9:11:05PM But when I had surgery, the first time, then I had to have
9:11:12PM surgery the second time about two weeks later, had to have
9:11:15PM lung surgery.
9:11:16PM And the doctor that did the lung surgery on me was renting
9:11:20PM space I think at this building.
9:11:22PM I don't know, there's no benefit to me here financially, so
9:11:27PM I can express these things.

9:11:28PM But let me say, as an individual who couldn't walk, not that
9:11:33PM I can talk much better now, but couldn't walk, could hardly
9:11:37PM talk, I believe there's, and times were there when there was
9:11:43PM no parking.
9:11:44PM It was Dr. Somers there at one time?
9:11:52PM >> Yes.
9:11:53PM >>CHARLIE MIRANDA: So this is the same building.
9:11:55PM I'm just looking at areas, flashbacks are going through.
9:11:58PM Not that I like to have these tubes taken out of my side two
9:12:04PM inches at a time.
9:12:05PM But I can tell you individuals like me were full there.
9:12:07PM It wasn't just me there.
9:12:09PM There were just a continue use flow.
9:12:12PM The elevator you walk in the elevator to the left, and the
9:12:15PM first floor under that building is park also if I remember.
9:12:19PM So, that's why I remember that, and I can understand the
9:12:25PM situation from a patient that was not doing too well at one
9:12:30PM time.
9:12:30PM Not that I'm well now.
9:12:32PM >> I understand.
9:12:33PM One of the keys for this parking, not necessarily, and you
9:12:41PM were talking about having to walk to this building, but this
9:12:44PM would be an opportunity for a lot of the staff to post
9:12:50PM parking here and open up better parking closer.
9:12:53PM >>CHARLIE MIRANDA: There was parking all around, if I

9:12:55PM remember, memory is coming back.
9:12:57PM All around Deleon on the outside part of it.
9:13:01PM You had to walk through bushes.
9:13:03PM And I couldn't get through.
9:13:05PM >> Yes, sir.
9:13:06PM >>CHARLIE MIRANDA: I remember that.
9:13:09PM >> In front of your pictures, it shows along to the east,
9:13:17PM and I may have a picture it is their best intention for the
9:13:59PM building to be built.
9:14:01PM They do need the office space also.
9:14:03PM So, with that, the questions intention is for a building to
9:14:13PM be put there.
9:14:17PM >>CHARLIE MIRANDA: Ms. Mulhern?
9:14:19PM >>MARY MULHERN: Thank you.
9:14:20PM I live a few blocks just south of this neighborhood and a
9:14:23PM lot of the doctors' offices that we use are up there and
9:14:28PM memorial hospital is up there.
9:14:30PM And back when there was all this residential being built or
9:14:34PM being approved for building a few years ago, it was hoped
9:14:39PM that that would, could become a residential.
9:14:46PM And that's what it was zoned at before, right?
9:14:49PM >> Yes.
9:14:50PM >>MARY MULHERN: Residential mixed use.
9:14:51PM So it's just not going to happen in this market.
9:14:54PM I think normally I would agree with you, you shouldn't have

9:14:57PM all this parking on the street.
9:14:58PM But frankly, this is turned into kind of a fairly
9:15:01PM predominantly medical office use and hospital use, so I
9:15:07PM don't see it as being inconsistent with this neighborhood.
9:15:10PM And it obviously -- it sounds like there's a real need for
9:15:13PM parking there already.
9:15:14PM So I don't have a problem with it.
9:15:19PM >>CHARLIE MIRANDA: Okay.
9:15:21PM Anyone in the audience care to speak on item number 9,
9:15:24PM please come forward.
9:15:25PM I have a motion to close.
9:15:32PM I'll have to ask petitioner if you want to rebuttal.
9:15:36PM Even though there's no debate.
9:15:38PM >> I'll waive it.
9:15:39PM >>CHARLIE MIRANDA: Mr. Reddick has a motion to close,
9:15:42PM seconded by Mr. Cohen.
9:15:43PM All in favor of that motion to close, please indicate by
9:15:46PM saying aye.
9:15:48PM The ayes have it unanimously.
9:15:48PM What's the pleasure of the Council here?
9:15:52PM >> Move approval.
9:15:54PM >>CHARLIE MIRANDA: Mr. Suarez, would you read the ordinance?
9:15:57PM >>MIKE SUAREZ: Thank you, chair.
9:15:58PM Presented and ordinance being presented, an ordinance
9:16:02PM rezoning property in the general vicinity of 171 -- am I

9:16:06PM reading the right one?
9:16:08PM >>CHARLIE MIRANDA: No.
9:16:09PM >>MIKE SUAREZ: Present an ordinance for first reading
9:16:12PM consideration.
9:16:12PM Ordinance rezoning property in the general vicinity of 512
9:16:16PM South Tampania Avenue, in the City of Tampa, Florida and
9:16:19PM more particularly described in section 1, from zoning
9:16:21PM district classification, RM-16, residential multi-family, to
9:16:26PM PD planned development, office, medical and parking,
9:16:29PM commercial off-street, providing an effective date and
9:16:32PM including the revision sheet Z12-42 as presented by our
9:16:37PM staff.
9:16:38PM >> Second.
9:16:39PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, I have a
9:16:41PM second by Mr. Reddick.
9:16:43PM Further discussion by Councilmembers?
9:16:44PM All in favor of the motion, please indicate by saying aye.
9:16:46PM Opposed nay.
9:16:51PM >>THE CLERK: Motion carried with Montelione voting no and
9:16:54PM Capin being absent at vote.
9:16:55PM Second reading and adoption will be December 6th at
9:16:58PM 9:30 a.m.
9:17:00PM >>CHARLIE MIRANDA: Thank you all very much for attending.
9:17:02PM We go to item number 10.
9:17:13PM >>ABBYE FEELEY: Item number ten.

9:17:15PM Item number ten is Z12-45, it is the rezoning request.
9:17:21PM It's located at 1711, 1715 West Platt Street, 213, 215, 219,
9:17:28PM 223 south Rome Avenue, 202, 210 south Packwood avenue and
9:17:34PM 1720 West Cleveland Street.
9:17:36PM The request before you this evening is from CI, commercial
9:17:39PM intensive and PD, planned development, the PD planned
9:17:42PM development for residential multi-family.
9:17:45PM There are four waivers being requested.
9:17:51PM The first is to increase the percentage of trees removed
9:17:55PM on-site from 50% to a hundred percent.
9:17:58PM The second is to reduce the minimum amount of multi-family
9:18:01PM green space from 350 square foot a unit to 195 square foot a
9:18:05PM unit.
9:18:06PM Total waiver of 40,267 square feet.
9:18:11PM The third is to reduce the drive aisle width from 26 feet to
9:18:16PM 24 feet.
9:18:17PM And the last is to reduce the number of loading berths from
9:18:20PM two to one.
9:18:24PM >> Good evening, Councilmembers, David Hay again with
9:18:35PM Planning Commission staff and I have been sworn.
9:18:37PM We're again in the central Tampa planning district.
9:18:40PM As you all are well aware, the district is planned to be the
9:18:43PM city's most intensive district.
9:18:46PM Off to the aerial.
9:18:47PM Subject site is located within the center of the map.

9:18:50PM You can see we have a lot going on with this aerial.
9:18:54PM Post Hyde Park apartments directly south of the subject
9:18:57PM site.
9:18:58PM You can see the residential and light office uses located
9:19:01PM west of the subject site 0 or on Cleveland and Platt
9:19:03PM streets.
9:19:04PM More intensive commercial uses can be found north along the
9:19:07PM Kennedy Boulevard corridor.
9:19:08PM And we have the commercial and even some light industrial
9:19:11PM uses to the east.
9:19:12PM Finally you can see Crosstown Expressway cutting across the
9:19:16PM aerial.
9:19:18PM Onto the future land use map, the subject site has two
9:19:23PM future land use designations.
9:19:25PM The west side along south Packwood is planned community
9:19:28PM commercial 35, while the eastern portion along south --
9:19:34PM excuse me.
9:19:34PM The west side on south Packwood is planned at community
9:19:38PM mixed use 35.
9:19:40PM While the south Rome corridor assigned community commercial
9:19:46PM 35.
9:19:46PM The light brown located west of the subject site is
9:19:48PM residential 20.
9:19:50PM Planning Commission staff found the proposed rezoning
9:19:53PM promotes additional density within the central Tampa

9:19:55PM planning district.
9:19:56PM The proposed site plan provides for development that is
9:19:59PM urban in character and provides direct relationship to all
9:20:01PM adjacent public rights-of-way.
9:20:03PM Also the parking is internalized within a structured parking
9:20:08PM garage.
9:20:08PM Overall Planning Commission staff found that the development
9:20:11PM furthered the number of planning goals regarding urban
9:20:14PM design, the creation of a local city with multiple housing
9:20:17PM options and the development of structures that respect and
9:20:20PM enliven our public rights-of-way.
9:20:23PM One last thing, I should note they are utilizing their floor
9:20:26PM area ratio square footage instead of unit count, which is
9:20:32PM permissible within the comp plan and under the land use
9:20:35PM categories.
9:20:36PM And with all that said, the Planning Commission staff finds
9:20:38PM the rezoning request consistent with the Tampa comprehensive
9:20:41PM plan.
9:20:46PM >>ABBYE FEELEY: If I may, did you open all cases this
9:20:49PM evening?
9:20:49PM This does have a development agreement traveling with it as
9:20:52PM item number 11.
9:20:53PM >>CHARLIE MIRANDA: Yes, I did.
9:20:54PM 4 through 15.
9:20:58PM >>ABBYE FEELEY: They're utilizing far, floor area ratio.

9:21:02PM The of floor area ratio under these future land use
9:21:08PM classifications, you can have up to floor area ratio of 2.0
9:21:12PM if you do three of the ten bonus provisions listed in 27328
9:21:16PM of our code.
9:21:17PM I'll talk a little bit about those when I make my
9:21:20PM presentation.
9:21:20PM The request this evening is really that block bounded by
9:21:27PM Cleveland to the north, Platt to the south, Packwood to the
9:21:30PM west and Rome to the east.
9:21:32PM And it is 2.90 acres.
9:21:36PM The 1.92 floor area ratio actually equals 259 multi-family
9:21:43PM units, which is what they're seeking to do on the property.
9:21:45PM This is one block south of Kennedy.
9:21:48PM Surrounded by business professional office to the north.
9:21:50PM Business professional office and restaurant to the east and
9:21:53PM west.
9:21:54PM Multi-family residential, restaurant and mini warehouse to
9:21:57PM the south along West Platt Street.
9:22:00PM The project proposes a five story multi-family building with
9:22:03PM a structurally integrated parking garage.
9:22:06PM The PD setbacks are as follows.
9:22:10PM Zero foot all the way around.
9:22:12PM Zero foot north, south, east and west.
9:22:14PM The maximum building height has been proposed at 82 feet,
9:22:17PM with maximum height of 64 feet to the top of the structure

9:22:21PM parapet for the residential building.
9:22:23PM T feet to the top of the architectural feature and 57-foot
9:22:27PM for the structured garage.
9:22:28PM The required amount of parking is 450 spaces and 452 spaces
9:22:35PM are being provided.
9:22:36PM Zoning atlas.
9:22:48PM Site was actually PD with the piece just to the north of the
9:22:55PM Cleveland where there is office building surface parking.
9:22:58PM This PD further north is the Primrose school which we
9:23:01PM referred to earlier.
9:23:02PM It's currently under construction.
9:23:05PM Broke ground I think just a few weeks ago.
9:23:07PM To the south here is the PD for the Post Hyde Park
9:23:10PM apartments, which David talked about.
9:23:13PM Everything else, there's CI here.
9:23:17PM CG here.
9:23:18PM I'm going to show you some pictures.
9:23:20PM There's a PD here which is some town home style development.
9:23:30PM And that about sums it up.
9:23:34PM I11.
9:23:35PM Here's an aerial of the site.
9:23:38PM Crosstown expressway to the southeast of the site.
9:23:40PM Again Packwood to the west, Rome to the east, Cleveland to
9:23:43PM the north, Platt to the south.
9:23:45PM As you know, Cleveland are one way tiers in this area.

9:23:51PM This is a rather large site and do I have a lot of pictures.
9:23:56PM I printed out this aerial and what I'm going to do is try to
9:24:01PM start up in this corner and work my way around the site.
9:24:05PM Give you an overview which way I'm going so that you're
9:24:08PM familiar with things.
9:24:10PM This is the northwest corner of Cleveland and Packwood.
9:24:21PM And this, this the PD I referred to that has town home style
9:24:27PM developments.
9:24:28PM This is one lot to the north.
9:24:29PM This is the northeast corner of Cleveland and Packwood.
9:24:35PM This is the office and surface parking portion of the
9:24:37PM existing PD that was on this property, shared with that
9:24:40PM property.
9:24:41PM This is the northeast corner of Rome and Cleveland.
9:24:46PM That's after kicks.
9:24:48PM I'm going to come down south Rome now, so I am on the east
9:24:53PM side of Rome running adjacent to the property.
9:24:56PM This is office.
9:24:58PM Keep traveling south, so at the end of this office building
9:25:08PM is one surface parking lot and former Tijuana flats that is
9:25:13PM referred to as stacks bar and grill.
9:25:15PM On the west side of the street is the light industrial use
9:25:21PM that currently occupies.
9:25:23PM This is the subject site.
9:25:25PM So we're on the west side of Rome traveling south toward

9:25:28PM Platt.
9:25:29PM This is at the northwest corner of Platt and Rome.
9:25:36PM This is a look back up Rome.
9:25:40PM This has the old Tijuana Flats building there which has been
9:25:44PM repainted.
9:25:45PM I'm down on Platt now across, this is the Hyde Park.
9:25:50PM And then this is Hyde Park cafe.
9:25:52PM This is looking a little bit to the west, which is the rack
9:25:58PM and some other commercial uses.
9:26:01PM This is the northwest corner of Platt and Packwood.
9:26:05PM So now I'm going to come up Packwood, going to show you that
9:26:09PM western side of Packwood.
9:26:10PM So we just made it all the way around and then we're here.
9:26:16PM Then the last pictures will actually show you the site.
9:26:23PM This is older strip commercial that's there.
9:26:25PM Two on the west side.
9:26:26PM Heading north, looks like there used to be something there.
9:26:32PM And this is at the corner, back up where we started, we're
9:26:41PM just at the southwest corner of Packwood and Cleveland.
9:26:44PM So this is the site.
9:26:50PM This picture is actually from here looking back south toward
9:26:54PM the site, south/southwest.
9:26:57PM Toward the site.
9:26:58PM This is -- this is right leer at the corner looking west
9:27:11PM toward Packwood.

9:27:12PM This is the northwest corner of Cleveland and Packwood.
9:27:16PM And now I'm kind of moving south on Packwood, but looking
9:27:20PM east toward downtown.
9:27:21PM Here's some other pictures.
9:27:25PM This is at the far corner, just north of Hyde Park cafe and
9:27:30PM I'm looking back north, northeast of the site.
9:27:33PM This is at the corner of Packwood and Platt.
9:27:38PM And then Packwood looking east toward the site.
9:27:42PM This is the Primrose site, which currently under
9:27:46PM construction.
9:27:47PM This is on Rome looking back toward the Packwood side.
9:27:51PM Just showing that site has been cleared.
9:27:53PM As I mentioned, there are bonus provisions are being
9:28:01PM exercised, three of the ten bonus provisions.
9:28:04PM Those three would be structured parking.
9:28:07PM If 50% of your parking is within a structure, that can count
9:28:10PM as a bonus provision.
9:28:12PM There's a commitment for a transit stop in the development
9:28:14PM agreement, or the provision of a transit stop in
9:28:17PM coordination with HART in proximity to the site.
9:28:20PM And then also enhanced pedestrian streetscape, which is
9:28:26PM going to include street lighting every 50 to 70 feet on
9:28:30PM center around the perimeter of the property.
9:28:31PM Benches, dog stations, trash containers and bike racks
9:28:36PM around the perimeter of the property.

9:28:38PM And they're going to underground the electrical, cable and
9:28:41PM phone utilities along Cleveland Street, from the northeast
9:28:46PM corner of the property to the northwest corner of the
9:28:48PM property.
9:28:48PM That is currently the only side of the property that has
9:28:51PM utilities actually on it.
9:28:54PM The Cleveland -- the Packwood, Rome and Platt sides are all
9:29:01PM on the other sides of the street.
9:29:03PM I do need some modifications made, revisions to waivers as
9:29:09PM shown.
9:29:10PM Also currently the site plan states the building could be
9:29:12PM 90 feet.
9:29:14PM But the elevations are showing it at 64 feet to the highest
9:29:20PM part of the parapet and T feet to the architectural feet.
9:29:24PM I would like the height on the PD to reflect that as well.
9:29:27PM Solid with waste had one or two notations that needed to be
9:29:31PM added on one of the sheets.
9:29:33PM And also some modifications were requested by
9:29:38PM transportation.
9:29:39PM Lastly, there was a comment by stormwater due to fill and
9:29:45PM past flooding of the area and localized flooding on abutting
9:29:48PM streets.
9:29:49PM The documented elevation at 18 and a half.
9:29:52PM The finished floor elevation will be required to be at or
9:29:54PM above 19 for this project.

9:29:57PM So, along Platt there's going to be substantial change in
9:30:02PM grade and probably a retaining wall of some sort.
9:30:07PM That being said, staff analysis is on pages six and seven.
9:30:11PM And we did find this request consistent.
9:30:14PM Thank you.
9:30:16PM >>CHARLIE MIRANDA: Thank you very much.
9:30:19PM >>ABBYE FEELEY: Also provided a letter of support that was
9:30:21PM received by staff.
9:30:22PM >>CHARLIE MIRANDA: Petitioner?
9:30:25PM >> Good evening, Mr. Chairman, Councilmembers, I'm Dave
9:30:29PM Mechanik, 305 South Boulevard, Tampa, Florida.
9:30:34PM I was sworn earlier.
9:30:36PM I'm here on behalf of Alliance Realty Partners, who is the
9:30:40PM applicant.
9:30:40PM I have with me with alliance John Zelldon, managing director
9:30:48PM for central Florida, Tim Graff, development manager with
9:30:51PM Alliance.
9:30:52PM And Cindy Tarapani, who is vice-president of planning for
9:30:56PM Florida Design Consultants.
9:30:59PM As usual, Abbye did an exceptionally thorough job, so I'll
9:31:03PM try not to repeat some of the things she had indicated.
9:31:07PM And I would like to just state for the record that we agree
9:31:10PM to all of the requested or recommended changes that Abbye
9:31:15PM mentioned, so we will be making and we commit to making all
9:31:19PM those changes between first and second reading, should

9:31:23PM Council approve our request this evening.
9:31:26PM What I'm showing you on the easel is the site plan.
9:31:34PM Just wanted to show you that so you can get the feel for the
9:31:37PM urban character.
9:31:38PM It is 2.9 acres with 259 units.
9:31:41PM So this is, we would like to suggest an example of a very
9:31:46PM urban scale development, something that I think the staff
9:31:50PM and the comprehensive plan have been encouraging in the City
9:31:56PM of Tampa.
9:31:56PM This is a terrific redevelopment opportunity to improve an
9:32:00PM area of the city and of course enhance the tax base.
9:32:05PM I'd like to also just show you the elevations of the eight
9:32:13PM again to give you a feel for the urban character.
9:32:16PM Unfortunately, these are two dimensional elevations and you
9:32:19PM don't get the true feeling.
9:32:21PM Do I have a photograph I'll show you on the Elmo.
9:32:31PM This is not a representation of this project, but it is an
9:32:34PM example of another development that Alliance had built.
9:32:38PM Gives you a feel for the urban character that they're
9:32:42PM interested in producing here in Tampa.
9:32:44PM I would just like to mention, Alliance does have two other
9:32:49PM projects here in Hillsborough County and is a national
9:32:53PM company with a portfolio of over 55,000 apartment units.
9:32:58PM As Abbye mentioned, we are seeking an increase floor area
9:33:06PM ratio by virtue of the bonus provision and she went through

9:33:12PM all of those.
9:33:14PM As you can see from review of the site plan, one of the
9:33:17PM things we have done is incorporated the garage into the
9:33:21PM site, integrated it into the, full, the design and the
9:33:26PM physical structure.
9:33:27PM Which is one of the items specifically encouraged in tour
9:33:32PM comprehensive plan.
9:33:33PM The other bonus provisions again as Abbye mentioned, the
9:33:37PM provision of a transit stop per Hartline's requirements.
9:33:42PM And provision of pedestrian and streetscape improvements.
9:33:47PM Finally I'd like to go through briefly the waivers.
9:33:52PM And I would just like to say that justification for these
9:33:56PM waivers all relate to the fact that we are seeking to build
9:33:59PM a very urban type development here, which necessitated the
9:34:07PM particular waiver request.
9:34:08PM And I would like to just underscore because there was an
9:34:11PM earlier waiver sheet that was presented that was inaccurate.
9:34:15PM We are not seeking a parking waiver.
9:34:18PM In fact, the we have two spaces over and above what is
9:34:22PM required for parking.
9:34:25PM And that includes your requirement for guest parking.
9:34:28PM You know many of the apartment projects are seeking waivers.
9:34:31PM So, I'd like to just emphasize that.
9:34:34PM We had also originally sought a sign waive, but we are now
9:34:38PM proposing to have signage strictly in compliance with the

9:34:42PM code.
9:34:42PM So the waivers that we're requesting involve removal of the
9:34:47PM trees on-site again in order to achieve the urban character
9:34:52PM that we're seeking.
9:34:54PM Unfortunately, required us to ask for removal of all the
9:34:58PM trees on-site.
9:35:02PM The other request is to reduction of the green space from
9:35:08PM 350 feet per unit to 195 square feet per unit.
9:35:13PM As we have mentioned on other apartment projects, this is a
9:35:17PM very suburb, that is the city's green space requirement at
9:35:21PM 350 feet is a very suburban oriented requirement.
9:35:27PM So when building in an urban environment, these are a
9:35:32PM necessity.
9:35:32PM And of course we have to pay an in-lieu fee to compensate
9:35:37PM for the reduction of green space.
9:35:39PM Third waiver is reduction of the drive aisles, which is a
9:35:42PM waiver you typically grant, again for an urban site.
9:35:46PM And finally the reduction, request for reduction of loading
9:35:51PM berths from two to one.
9:35:53PM Another variants that you typically grant, or very
9:35:56PM oftentimes will grant.
9:35:58PM So with that we'll be happy to answer any questions and
9:36:02PM respond to any questions from.
9:36:04PM >>CHARLIE MIRANDA: Any questions by Councilmembers at this
9:36:07PM time?

9:36:08PM Ms. Montelione?
9:36:10PM >>LISA MONTELIONE: I know, everybody is surprised.
9:36:13PM >>CHARLIE MIRANDA: We are?
9:36:15PM >>LISA MONTELIONE: Shocker.
9:36:16PM Very excited that we have got building going on.
9:36:26PM Let me say that so I don't take what I'm going to say as
9:36:31PM wanting to discourage the project.
9:36:33PM However, the size of the project is something that is maybe
9:36:40PM of a bit of concern.
9:36:42PM I talked over with staff, and from what I had calculated,
9:36:50PM under -- if you were not going after the density bonus and
9:36:56PM maxing out under what's allowable under the F.A.R., I think
9:37:02PM you'd only be able to build 88 units here.
9:37:05PM Without asking for any changes and going after the density
9:37:11PM bonus and all that.
9:37:12PM So, asking for 259 units is quite a leap.
9:37:22PM And I know that you're asking for the absolute top of the
9:37:26PM maximum number that you can get.
9:37:28PM Which financially is a good thing to do, but it's a very
9:37:35PM large project.
9:37:36PM And with very large projects and asking for so much over and
9:37:43PM above and Macing out at the top that you possibly can get on
9:37:46PM this site, personally I just felt that the, the offerings of
9:37:54PM the three or four things that you had agreed to to get that
9:38:01PM density bonus, which is huge, seems a little pale in

9:38:08PM comparison.
9:38:09PM I mean especially, you know, there was -- let me find it --
9:38:16PM two -- there was two dog stations, two trash containers, one
9:38:24PM bike rack and nine benches.
9:38:26PM That's not a heck of a lot.
9:38:28PM >> Well, and street lighting.
9:38:31PM 50 to 80 feet on center along the entire perimeter of the
9:38:34PM site.
9:38:36PM And undergrounding utilities.
9:38:40PM >>LISA MONTELIONE: You got me there.
9:38:41PM Undergrounding utilities I think it's ironic that the
9:38:44PM Primrose school that's on Kennedy, we couldn't get the
9:38:48PM utilities undergrounded there because it was so expensive,
9:38:52PM but this is an interior block and we're getting the
9:38:56PM underground utilities there.
9:38:59PM That's I would say the biggest offering is out of the entire
9:39:03PM list, the largest would be the undergrounding of the
9:39:06PM utilities.
9:39:07PM But when I look at what could have been offered and it's
9:39:13PM something that is in desperate need in this community, which
9:39:16PM we spend a lot of time talking about, which is affordable
9:39:20PM housing.
9:39:21PM And with one of the provisions being 10% of the units being
9:39:31PM offered between 80 and 120% of AMI, meaning median area,
9:39:40PM median income, I think that would have been much more

9:39:44PM enticing provision and necessitated or been equally -- I
9:39:51PM can't think of the word.
9:39:52PM I'm not feeling well tonight.
9:39:54PM I apologize.
9:39:55PM The cold medicine is kind of getting in the way.
9:39:57PM But that would've maybe more appropriate item to say well,
9:40:03PM you know, 10% of the units will be, you know, and it's not
9:40:09PM even -- there's only affordable units from 80 to 120% of
9:40:14PM AMI.
9:40:15PM So, to ask for the top maximum number of units you could
9:40:18PM possibly get on the site, so it's just -- that's what really
9:40:23PM disappoints me about the projects.
9:40:25PM It's a great, it looks pretty, it's something that we're
9:40:29PM looking for density, higher densities near the downtown
9:40:34PM core.
9:40:36PM It's just that I think that that's a lot of units to ask for
9:40:42PM in exchange for, you know -- in my view, not a whole lot in
9:40:47PM return.
9:40:51PM >>CHARLIE MIRANDA: Any other Councilmembers?
9:40:56PM Ms. Mulhern.
9:41:01PM >>MARY MULHERN: I think this is the first time this Council
9:41:04PM has heard about density bonuses.
9:41:06PM This current Council now.
9:41:07PM We haven't had a lot, enough, a lot of development so that
9:41:12PM this comes into play.

9:41:13PM But back when we did used to hear about it, I often wondered
9:41:19PM at the formulas for how you would arrive at trading this for
9:41:25PM that.
9:41:25PM So I agree with Councilwoman Montelione that it seems like a
9:41:30PM lot to ask for the absolute maximum and you know, I have
9:41:35PM question about the waivers of green space and the waiver of,
9:41:41PM from a hundred percent reduction in trees.
9:41:46PM And also about, you know, the transit idea makes sense if
9:41:52PM you're on a transit route.
9:41:55PM But is there even a bus route.
9:41:58PM >> Yes, there is.
9:41:59PM >>MARY MULHERN: Where does the bus go?
9:42:03PM >> Just south on Platt Street.
9:42:09PM HART was very interested in this.
9:42:11PM >>MARY MULHERN: Okay.
9:42:11PM Good.
9:42:11PM So it actually is something that would happen.
9:42:14PM I don't know what to say other than I agree with
9:42:19PM Councilwoman Montelione, that it seems like, you know,
9:42:23PM maxing out without a whole lot to offer for it.
9:42:33PM But that's something we need to look at it, those formulas
9:42:37PM for density bonuses, I think this Council might do well at
9:42:40PM looking at those, because back when we were doing a lot of
9:42:44PM that, I really thought a lot of it didn't make that much
9:42:47PM sense, that you were giving, you know, this benefit to the

9:42:56PM builder and the developer and the investor, and not maybe
9:43:01PM getting as much back in return for the public.
9:43:09PM >>DAVID MECHANIK: Mr. Chairman, should I respond?
9:43:12PM >>CHARLIE MIRANDA: You have the right to respond.
9:43:14PM >>DAVID MECHANIK: With respect to the comments, and I
9:43:16PM certainly understand them.
9:43:18PM I think, at least as recommended by your staff, we have
9:43:23PM satisfied the requirements of the code.
9:43:26PM And the code does give the applicant the option of choosing
9:43:30PM three out of I think ten choices.
9:43:35PM But I think it's important for Council to understand that
9:43:38PM this is still a very tight economic environment that we're
9:43:41PM in and my clients looked at every one of the ten and arrived
9:43:46PM at these as being reasonable under the economic
9:43:51PM circumstances for what they are, you know, the market
9:43:55PM they're trying to achieve and so forth.
9:43:57PM I think the fact that this is a hundred percent structured
9:44:01PM parking is an enormous expense for a developer, and I think
9:44:06PM that maybe the, that fact alone is probably significant
9:44:11PM enough to warrant favorable consideration under these
9:44:15PM circumstances.
9:44:18PM >>CHARLIE MIRANDA: Continue, Ms. Mulhern.
9:44:20PM >>MARY MULHERN: Thank you.
9:44:21PM I think that -- could you tell us maybe was there ever
9:44:25PM discussion about the affordable housing issue?

9:44:28PM Because I thought that was a really great suggestion.
9:44:30PM If I did some quick calculations.
9:44:37PM I think the 120% area median income would be actually more
9:44:42PM than we make.
9:44:43PM 120% is 53,210.
9:44:56PM >>LISA MONTELIONE: If you were to go with 10% affordable
9:44:58PM units, we would qualify to live there.
9:45:01PM >>CHARLIE MIRANDA: I wouldn't.
9:45:02PM >>LISA MONTELIONE: Most of us would qualify to live there.
9:45:08PM >>CHARLIE MIRANDA: Mr. Cohen?
9:45:10PM >>HARRY COHEN: You wouldn't neither because you represent
9:45:13PM district seven.
9:45:14PM You know, it seems to me that -- here, let me let him go
9:45:20PM ahead and respond to that.
9:45:22PM >> Good evening, John value Don with the -- 174 west
9:45:29PM Comstock avenue in Winter Park, Florida.
9:45:32PM To answer your question, we evaluated each of those that was
9:45:36PM on, as an option.
9:45:38PM And we obviously had to in certain cases figure out what the
9:45:41PM cost benefit would be and we chose to put the, our
9:45:45PM investment into the garage by taking the cars off the street
9:45:49PM and putting them in the garage.
9:45:51PM We thought would be beneficial to the whole neighborhood.
9:45:53PM So we didn't have people parking on the street.
9:45:56PM And that was the decision that was made.

9:45:59PM And also, our primary business is market rate apartments.
9:46:03PM That's what we understand.
9:46:05PM We have done it for the last personally I've done it for
9:46:08PM about 20 years.
9:46:09PM We operate more efficiently.
9:46:12PM By doing so we generate more revenue hand more tax base for
9:46:15PM the county and for the city.
9:46:17PM >>CHARLIE MIRANDA: Let me ask if I may, one second I'll get
9:46:21PM back to the Councilmembers.
9:46:23PM 462 parking spaces at 15,000-dollar a parking space when you
9:46:29PM build a garage?
9:46:31PM >> Simply with the garage structure itself, that would
9:46:33PM probably little bit north of that, because concrete
9:46:36PM construction.
9:46:37PM As you go higher, gets more expensive.
9:46:39PM You have to also count all the drainage and other issues
9:46:43PM involved.
9:46:43PM That's simply garage structure itself.
9:46:45PM Doesn't include what happens outside the garage.
9:46:48PM So it can go, as high as 20, depending how you get the water
9:46:52PM off the garage and some other issues.
9:46:54PM We are screening the garage.
9:46:56PM And that's additional cost as well.
9:46:58PM So you won't see the cars in the garage.
9:47:01PM >>CHARLIE MIRANDA: What's the final cost for a garage at

9:47:03PM that rate, that cost if it's 15 is too low?
9:47:08PM >> We put all that on there, it's probably closer to 20,000
9:47:11PM a spot.
9:47:13PM >>CHARLIE MIRANDA: Close to $10 million.
9:47:17PM >> You're better at math than I am.
9:47:19PM >>CHARLIE MIRANDA: Which Councilmember?
9:47:20PM Any other Councilmember?
9:47:22PM Mr. Cohen.
9:47:24PM >>HARRY COHEN: You know, we spent a lot of time tonight
9:47:27PM talking about the character of a lot of our residential
9:47:32PM neighborhoods in this city.
9:47:34PM And we heard from a lot of people that wanted to keep the
9:47:39PM residential character of those neighborhoods intact with
9:47:43PM single-family houses on certain loss sizes.
9:47:46PM But the fact of the matter is in today's economic
9:47:49PM environment, the demand is for rental housing.
9:47:54PM And if we are going to be supportive of economic development
9:48:00PM as we work our way out of this recession, what we're going
9:48:03PM to be seeing are multi-family rental unit projects.
9:48:08PM And the fact of the matter is, that this neighborhood, this
9:48:15PM is not out of character for this neighborhood.
9:48:16PM This is a place where you would want increase density and
9:48:20PM you would want to increase urbanization.
9:48:23PM You know, I'm comfortable that it is appropriate in
9:48:29PM character to what's already there and is going to be a big

9:48:32PM improvement to all of the things that are around it,
9:48:34PM particularly with the parking structure the way it is.
9:48:39PM So I'm inclined to be supportive of it for that reason
9:48:43PM alone.
9:48:44PM >>CHARLIE MIRANDA: Any other Councilmembers?
9:48:47PM >>LISA MONTELIONE: I just want to say, I mean -- I agree
9:48:50PM with you.
9:48:51PM And I know the market right now is in multi-family.
9:48:54PM I just think that for what we're giving, because under, with
9:49:01PM the calculating the F.A.R., which I did earlier, there are
9:49:08PM 240 -- 249 units, 1.97 would be 248,475.
9:49:14PM 1.5 would be 189,486.
9:49:19PM So we're giving a lot of density.
9:49:23PM It's not just some.
9:49:24PM I mean, this is a lot of density.
9:49:26PM And I just don't feel that are would getting in return what
9:49:33PM is commensurate with what we're giving.
9:49:36PM So, and for me, the sticking point is we need affordable
9:49:42PM housing.
9:49:43PM I mean, there's no question, we need affordable housing.
9:49:46PM And to have that many units and have affordable, 10% of
9:49:50PM units is not a lot.
9:49:51PM If I'm going to look at giving away that much density in an
9:50:01PM urban neighborhood, near downtown, I would like to see a
9:50:05PM little bit more, in this case what I would like to see is

9:50:09PM some of the units being affordable.
9:50:12PM >>CHARLIE MIRANDA: Okay, we go to the audience portion.
9:50:14PM I'm sorry, Mr. Reddick?
9:50:18PM >>HARRY COHEN: I just want to respond one time to what you
9:50:20PM said.
9:50:20PM I think if you feel that way, the appropriate place to
9:50:24PM address it is in our code and in our rules, because we have
9:50:30PM set a standard by which we expect people to conform if we're
9:50:33PM going to give them the density.
9:50:35PM And if they conform tow that, that's I don't think the
9:50:40PM proper time to then start questioning whether or not the
9:50:43PM standards are appropriate.
9:50:46PM >>CHARLIE MIRANDA: We're going to go to the audience
9:50:48PM portion.
9:50:48PM Anyone in the audience care to speak in this item?
9:50:52PM Time number 10.
9:50:54PM Please come forward.
9:50:57PM Don't disappoint us now.
9:50:59PM [ Laughter ]
9:50:59PM I see no one here.
9:51:03PM All right.
9:51:05PM I knew I'd get somebody up here.
9:51:07PM >> Name is Steve Barbas.
9:51:16PM I own the law offices next door, 1802 West Cleveland Street
9:51:19PM and all the lots next door, about an acre and a half next

9:51:22PM door.
9:51:23PM I had an opportunity to come to the meeting they gave us.
9:51:25PM I had some concerns with regard to the parking because as
9:51:28PM mentioned, the initial information sent to us showed
9:51:32PM variance for parking.
9:51:33PM I understand it's since been changed.
9:51:37PM I'm excited about this place being built.
9:51:40PM I think we're going to be good neighbors.
9:51:44PM We have good neighbors.
9:51:45PM They've shown a concern for what I.
9:51:50PM I came her with the idea of objecting.
9:51:54PM Some of the things I was concerned about they've removed and
9:51:57PM I'm generally in favor of it.
9:52:00PM >>CHARLIE MIRANDA: Thank you very much.
9:52:00PM Ms. Capin?
9:52:02PM Okay, anyone else in the audience?
9:52:06PM >> Move approval.
9:52:08PM >>CHARLIE MIRANDA: Petitioner, you have the right to speak
9:52:10PM for whatever you want five minutes.
9:52:11PM I don't suggest it, but you have that right.
9:52:13PM [ Laughter ]
9:52:16PM >>DAVID MECHANIK: Thank you very much.
9:52:17PM Appreciate your favorable consideration.
9:52:19PM >> Move to close roo.
9:52:20PM >>CHARLIE MIRANDA: Motion by Mr. Reddick to close, seconded

9:52:23PM by Mr. Cohen on number 10.
9:52:25PM All in favor of that motion, please indicate by saying aye.
9:52:27PM Opposed nay?
9:52:31PM The ayes have it unanimously.
9:52:31PM Mr. Reddick, would like to have the floor on item number.
9:52:35PM >>FRANK REDDICK: Move ordinance being presented for first
9:52:37PM reading consideration, an ordinance rezoning property in the
9:52:40PM general vicinity of 1711 and 1715 West Platt Street.
9:53:34PM >>THE CLERK: For the record, did that include revision
9:53:36PM sheet?
9:53:40PM >>CHARLIE MIRANDA: Will include the revision sheet.
9:53:42PM >>FRANK REDDICK: Yes, that would include the revision sheet.
9:53:44PM Z12-42?
9:53:55PM >>THE CLERK: Z12-45.
9:53:56PM >> I didn't get one.
9:53:57PM >>THE CLERK: My mistake, there was no revision sheet.
9:54:09PM >>CHARLIE MIRANDA: Abbye, help the chairman here.
9:54:11PM That could be a new TV show, help the chairman.
9:54:18PM >>ABBYE FEELEY: You know where the revision sheet is?
9:54:20PM Back at my office.
9:54:23PM [ Laughter ]
9:54:26PM >>ABBYE FEELEY: I know I didn't pack everything.
9:54:28PM I tried to pack the kitchen sink.
9:54:51PM >>CHARLIE MIRANDA: I'm going to do this.
9:54:53PM I'm going to vote to reopen the hearing, let Mr. Reddick

9:54:57PM read it again, with the revision sheet so it's clear record
9:55:00PM on this statement and no one in 20 years can say that I made
9:55:05PM another mistake.
9:55:06PM >> Motion to reopen hearing.
9:55:08PM >> Second.
9:55:10PM >>CHARLIE MIRANDA: Second by Mr. Cohen.
9:55:11PM All in favor of that motion, please indicate by saying aye.
9:55:13PM The ayes have it unanimously.
9:55:14PM Mr. Reddick?
9:55:17PM >>MARTIN SHELBY: I'm sorry to make things even more
9:55:19PM complicated, which I tend to do.
9:55:23PM I would feel -- provide copies -- oh, you have copies?
9:55:44PM >>CHARLIE MIRANDA: He's got it all.
9:55:46PM I think I'm sending one to devil and the God all at the same
9:55:50PM time.
9:56:00PM >>CHARLIE MIRANDA: Mr. Reddick disa.
9:56:03PM >>FRANK REDDICK: Thank you, Mr. Chair.
9:56:05PM Move ordinance for being presented for first reading, an
9:56:08PM ordinance we zoning property from the general vicinity of
9:56:10PM 1711 and 1715 west flat street, 213, 215, 219 and 1223 south
9:56:16PM Rome Avenue, 202, and 210 south Packwood avenue, and 1720
9:56:21PM west Cleveland street in the City of Tampa, Florida and more
9:56:25PM particularly described in section 1, from zoning district
9:56:27PM classifications CI commercial intensive, and PD planned
9:56:31PM development to PD planned development, residential,

9:56:35PM multi-family, providing an effective date and including
9:56:37PM revision sheet Z12-45, dated November 8, 2012.
9:56:44PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
9:56:45PM Mr. Suarez.
9:56:47PM All in favor of that motion, please indicate by saying aye.
9:56:48PM Opposed nay.
9:56:51PM The ayes have it unanimously.
9:56:52PM Thank you all very much for attending.
9:56:56PM >>THE CLERK: Motion carried against unanimously.
9:56:58PM Second reading and adoption December 6, 9:30 a.m.
9:57:02PM >>JULIA MANDELL-COLE: Item number 11 is an associated
9:57:04PM development agreement with item number ten under the code,
9:57:07PM in order to achieve the bonus density, there needs to be an
9:57:10PM associated development agreement.
9:57:11PM You will not take action on this development agreement
9:57:13PM today.
9:57:14PM That is, but there is required to have two public hearings,
9:57:17PM so it's requested that we ask if there's anybody that wants
9:57:20PM to speak to the development agreement.
9:57:21PM If not, we'll go ahead and hear that as part of second
9:57:24PM reading.
9:57:25PM Thank you.
9:57:26PM >>CHARLIE MIRANDA: So there will be no vote taken on item
9:57:28PM number 11 is what you're telling me?
9:57:32PM >>MARTIN SHELBY: Except to close the public hearing.

9:57:33PM >>CHARLIE MIRANDA: I understand that.
9:57:34PM All right.
9:57:34PM Anyone care to open, to speak on item number 11?
9:57:39PM At this time.
9:57:40PM >> Motion to close.
9:57:41PM >> Second.
9:57:42PM >>CHARLIE MIRANDA: I have a motion to close by Mr. Suarez,
9:57:43PM seconded by Mr. Cohen.
9:57:46PM All in favor of that motion, please indicate by saying aye.
9:57:49PM Opposed nay.
9:57:50PM The ayes have it unanimously.
9:57:50PM All right.
9:57:51PM Now, we go to number 12.
9:58:30PM >>ABBYE FEELEY: Item 12, Z12-46, it is located at 202
9:58:36PM Caspian Street.
9:58:37PM And the request this evening is from RS-75 residential
9:58:42PM single-family to PD, planned development, residential,
9:58:46PM single-family detached.
9:58:53PM >> Good evening, Councilmembers, David Hay with your
9:58:59PM Planning Commission staff.
9:59:00PM We are remaining within the central Tampa planning district,
9:59:03PM this time within the Davis Island urban village.
9:59:06PM Next we move on to the aerial.
9:59:11PM You can see the subject site in the center of the map and
9:59:13PM the single-family detached residential development pattern

9:59:16PM that surrounds the site.
9:59:17PM And then on to the future land use map.
9:59:22PM The surrounding area including the subject site is
9:59:24PM designated at residential 6.
9:59:26PM The applicant is proposing to split an existing lot into two
9:59:29PM to allow for the construction of two single-family detached
9:59:33PM residential unit.
9:59:34PM Planning Commission staff found a variety of lot sizes
9:59:36PM within the surrounding area, which you can see on the map.
9:59:39PM Planning Commission staff found that the proposed rezoning
9:59:42PM allows for development in keeping with the character of the
9:59:44PM surrounding single-family detached residential.
9:59:47PM Proposed planned development also provides for development
9:59:50PM below the density maximum six units per acre.
9:59:53PM This development is being developed at 5.1 units per acre.
9:59:56PM Therefore with that being said, Planning Commission staff
9:59:58PM finds the rezoning request consistent with the Tampa
10:00:02PM comprehensive plan.
10:00:08PM >>ABBYE FEELEY: As I stated, this is a request from RS-75,
10:00:14PM residential single-family to PD, planned development,
10:00:17PM residential single-family detached.
10:00:19PM There are no waivers being requested.
10:00:21PM The petitioner is proposing to rezone the property at 202
10:00:25PM Caspian Street from RS-75 to PD to create two buildable
10:00:31PM zoning lots.

10:00:32PM Parcel A on the north will have a minimum lot width of
10:00:35PM 75 feet at the 25-foot front yard setback and 8603 square
10:00:41PM feet in total area.
10:00:43PM Parcel B will have a minimum lot width of 75 feet at the
10:00:49PM 25-foot front yard setback and 8200 square feet in area.
10:00:53PM Pursuant to section 27100, minimum lot width shall be
10:00:59PM measured at the back of the required front yard.
10:01:02PM So at the rear of the required front yard and it shall be
10:01:05PM maintained for a depth to meet 50% of the required minimum
10:01:09PM lot area.
10:01:09PM I'm going to go through this.
10:01:12PM I'm going to go through this.
10:01:13PM So, based on the lot configuration above, the maintenance --
10:01:20PM the measurement can't be maintained.
10:01:22PM What I'll do, I'll walk back through this, because it's like
10:01:26PM where did the red blue map ga?
10:01:29PM Because we have done two of these tonight.
10:01:31PM There is no red blue map.
10:01:33PM What this says, when you create a lot, the lot has to meet
10:01:38PM minimum width.
10:01:39PM And that minimum width is measured at the rear of the front
10:01:44PM yard lot.
10:01:44PM At the front yard.
10:01:46PM So this is in my staff report on page three for those of you
10:01:51PM who had an opportunity to read through it.

10:01:53PM And it's important because what's before you this evening in
10:01:58PM this case is not a question of compatibility.
10:02:01PM Because it has the minimum lot width.
10:02:03PM So this is no red and blue.
10:02:05PM Red and blue shows you what's come pat annual, what's the
10:02:08PM existing development pattern?
10:02:10PM What this is is a question of measurement.
10:02:12PM So here is the typical RS-75 lot.
10:02:17PM 75 by 100.
10:02:18PM At the back of the front yard where this little DOT line is
10:02:25PM where you are required to be 75 feet in width.
10:02:29PM Both of these lots that are under this PD meet this.
10:02:36PM They are both 75 feet at the back of the front yard.
10:02:39PM That 75 feet then is required to be maintained until you
10:02:48PM reach 50% of the minimum lot area.
10:02:51PM Not 50% of your lot area, 50% of the minimum, which is the
10:02:57PM 75 by 100 lot.
10:02:58PM So 3,750 square feet.
10:03:01PM One of the lots that is on this PD does that.
10:03:09PM The second lot does not.
10:03:13PM Because the lot narrows.
10:03:19PM So that little red triangle -- let me see if I can zoom in
10:03:25PM there for you.
10:03:26PM Is the area that falls outside, that is not maintained.
10:03:30PM That red area is not part of the lot.

10:03:32PM That's where it's short.
10:03:34PM 62 square feet.
10:03:35PM Okay.
10:03:36PM This is five foot there.
10:03:42PM And then this remember was the 25-foot front setback.
10:03:47PM And then a typical, you would be at a hundred feet.
10:03:50PM This is -- I'm sorry, in a typical you would be at 50 feet
10:03:54PM to reach half.
10:03:55PM This is that 25 feet.
10:03:57PM What the code says is, is if you cannot maintain -- if you
10:04:07PM can't meet both those criteria, if you cannot meet the lot
10:04:10PM width and cannot maintain it for the 50%, you have the
10:04:13PM option to come before City Council as a planned development,
10:04:18PM in fact, it's under section 27100, it says for those lots
10:04:22PM that do not meet the specific criteria set forth in this
10:04:25PM section, an application can be made for City Council
10:04:28PM consideration through a rezoning.
10:04:30PM And then, it goes on to tell you the intent of the minimum
10:04:38PM lot width provision, at top, page three of my report, it
10:04:42PM says the intent of minimum lot width provision is to
10:04:45PM maintain a reasonable distance between structures for the
10:04:48PM purpose of preservation of open space, adequate provision of
10:04:52PM air and light, reduction of fire dangers, limitation on
10:04:55PM density and aesthetics.
10:04:57PM So, the question is a question of measurement and a question

10:05:03PM of intent that is before you this evening as far as whether
10:05:06PM or not this meets the criteria for the creation of a new
10:05:10PM lot.
10:05:10PM In my analysis, I did state that in consideration of a
10:05:15PM buildable lot, zoning administrator must apply both these
10:05:19PM standards.
10:05:19PM This did come before Gloria Moreda, the zoning
10:05:23PM administrator, as a formal determination.
10:05:25PM Because on its face value it did not meet both those
10:05:29PM standards, she cannot administratively approve it.
10:05:32PM Then it gets turned for consideration by you and it could
10:05:37PM have been considered as you asked me on a case earlier
10:05:41PM tonight, it could've been considered as one RS -- they can
10:05:45PM create one RS-75 lot here without meeting anything.
10:05:48PM And then they could've PDed the other lot.
10:05:52PM Their intent is leave those both and PD it together as one
10:05:56PM zoning lot and create those two lots.
10:05:58PM So, based on the subject lot dimension, the lot is deficient
10:06:02PM by 62.5 square feet or 1.66% of the required 50% equivalent
10:06:09PM at the point which the lot falls below the 75-foot minimum.
10:06:13PM In relationship to the minimum lot width intent stated above
10:06:18PM staff finds this request consistent with the stated intent
10:06:21PM because all setbacks for an RS-75, everything else
10:06:25PM applicable to the RS-75 is on this PD.
10:06:29PM The setbacks are consistent with the RS-75.

10:06:32PM The height is consistent with the RS-75 amount of everything
10:06:36PM they're showing you except that little red triangle meets
10:06:40PM those standards.
10:06:41PM We have had this discussion in the past on other cases,
10:06:45PM where you're going to shift a lot line or whatever.
10:06:48PM And day glow yellow, that little red triangle is going to be
10:06:52PM underneath somebody's structure.
10:06:54PM You will not see it nor will you feel it when you're on a
10:06:57PM street side on this property.
10:06:59PM So, that being said, staff did find the request consistent
10:07:05PM with that intent.
10:07:07PM There are some corrections to the tree table required also
10:07:12PM under the R 6 land use, you are required 7260 square feet a
10:07:20PM structure.
10:07:21PM And I mentioned to you that each of these will be over 8,000
10:07:24PM square feet in lot area, so it is consistent with the
10:07:27PM underlying land use.
10:07:29PM And also I have provided you with findings of consistency
10:07:33PM with the PD criteria on pages five and six of the staff
10:07:36PM report.
10:07:36PM I'm available for any questions.
10:07:39PM >>CHARLIE MIRANDA: Any questions at this time?
10:07:41PM Thank you very much.
10:07:41PM Petitioner?
10:07:48PM >> Good evening, Mr. Chairman and members of the Council.

10:07:50PM My name John Grandoff.
10:07:52PM And my address is suite 3700 Bank of America plaza.
10:07:57PM I have the pleasure this evening of representing Nancy
10:08:03PM Brereton.
10:08:04PM Nancy, please raise your hand.
10:08:07PM And Alan Dobbs our planner of record.
10:08:11PM Also Hilda and Larry Riordan are here.
10:08:14PM They are going to build their home on the second lot that
10:08:16PM was shown to you by Abbye.
10:08:19PM Larry and Hilda, please raise your hands also.
10:08:22PM Last but not least, Larry and Hilda and Nancy are joined by
10:08:26PM many friends from their neighborhood.
10:08:29PM I ask those friends also raise their hands this evening.
10:08:32PM This is a kind of a case of first impression that I've ever
10:08:35PM seen.
10:08:35PM As Abbye clearly explained, we're basically a here over 62
10:08:39PM square feet.
10:08:40PM And to give you perspective, I measured 62 square feet in
10:08:46PM the Council chamber this afternoon, and it's basically from
10:08:49PM the dais to where I am, about right here, eight feet, I
10:08:55PM rounded it up to 64 feet.
10:08:57PM 64 square feet.
10:08:58PM Eight feet by eight feet is from here to about where I'm
10:09:02PM standing and then from here to here.
10:09:06PM >>CHARLIE MIRANDA: Should've been an architect.

10:09:09PM [ Laughter ]
10:09:10PM >> I'm a frustrated architect and engineer.
10:09:13PM That's it in a net shell.
10:09:16PM You couldn't even fit an automobile in there.
10:09:18PM Maybe not even a Volkswagen.
10:09:20PM But anyway, Abbye has clearly summed up her report.
10:09:32PM The reason for the rule, which I think you always need to
10:09:35PM analyze what's the reason for the rule?
10:09:38PM Was to provide some amount of character for the frontage of
10:09:45PM each lot.
10:09:46PM The intent of the rule Abbye has described.
10:09:49PM And I'd like to summarize that briefly.
10:09:51PM The bent is to maintain reasonable distance between
10:09:55PM structures.
10:09:56PM You have that with the setback that will be provided, seven
10:10:00PM foot setback for residential RS-75.
10:10:04PM Also chapter 13 tree and landscaping code provides for the
10:10:08PM preservation of open space, adequate provision of air and
10:10:11PM light, reduction of fire dangers achieved by the setbacks
10:10:15PM that are provided.
10:10:16PM Remember, we are meeting the 75 feet.
10:10:18PM We are meeting all RS-75 restrictions -- excuse me, RS-75
10:10:23PM regulations.
10:10:27PM Tended to have a limitation on density as Abbye explained.
10:10:30PM We are over the density count that is provided and.

10:10:39PM And also aesthetics, setbacks being met.
10:10:41PM We're meeting chapter 13, the tree and landscape code.
10:10:45PM So everything fits, except when D. P. Davis laid out Davis
10:10:48PM Island, one of these lot lines meandered.
10:10:54PM If I can show you a reduced copy of the hotel section,
10:10:58PM Mr. Davis planned to put a hotel in this area.
10:11:00PM I'm not sure exactly where.
10:11:02PM But when he drew the hotel section, you will see, Nancy's
10:11:11PM lots are in green.
10:11:12PM That many of those lot lines are not perfect squares.
10:11:16PM So you can see the serpentine designs of Davis Islands, was
10:11:25PM supposed to be a Venetian community patterned over an
10:11:29PM Italian community, waterfront community.
10:11:31PM Some of these lines meander.
10:11:33PM I think zoning code cannot contemplate every situation and
10:11:37PM every lot.
10:11:38PM So you have what's called the law of unintended
10:11:41PM consequences.
10:11:42PM I think what Abbye has quoted to you is to avoid bad law
10:11:48PM from applying and give some relieve, so they come before you
10:11:53PM and say please give us the relief on 62 square feet.
10:11:56PM I have nothing further to add.
10:11:58PM I'd like to file a couple items into the record.
10:12:01PM There is a, a very well written petition of support, three
10:12:08PM pages long, with neighbors of Nancy.

10:12:14PM Another separate letter, separate letter from Collette
10:12:20PM Eddie, which I'd like to file.
10:12:22PM She's also a neighbor.
10:12:23PM Excuse me one moment.
10:12:49PM Let me check my notes.
10:12:52PM We also have elevations.
10:12:54PM Elevations were required.
10:12:56PM Those are available if you'd like to see those.
10:12:58PM They will certainly be consistent with the character of
10:13:01PM Davis Islands.
10:13:01PM Nancy has lived there her entire life.
10:13:04PM I can assure you she will do a very tasteful design.
10:13:07PM I have nothing further to add.
10:13:09PM I'd like to reserve the remainder of my comments for
10:13:12PM rebuttal.
10:13:13PM >>CHARLIE MIRANDA: Mr. Cohen?
10:13:14PM >>HARRY COHEN: I have a question.
10:13:14PM The reason I'm going to ask you is because I think you were
10:13:17PM the attorney of record on the case that I'm thinking about.
10:13:20PM But didn't we have a case here a number of months ago where
10:13:24PM there was a very minimal amount of space that required --
10:13:30PM that prevented two lots from being able to be
10:13:33PM administratively divided?
10:13:35PM It was in Gulf view, if I remember correctly.
10:13:37PM >> That was the case.

10:13:39PM >>HARRY COHEN: And a former Council had voted against it and
10:13:41PM a circuit court had reversed and remanded it back to us,
10:13:46PM telling us that Council had been unreasonable in denying it.
10:13:51PM Were you the attorney of record on that case?
10:13:53PM >> Yes, I was, Mr. Cohen.
10:13:55PM >>HARRY COHEN: Is that a similar analogous situation?
10:13:59PM >> You have the same standard of review, which is competent
10:14:02PM substantial evidence.
10:14:03PM Judge Arnold found that had been violated by the Council.
10:14:06PM Not this Council.
10:14:07PM But he had issued his order accordingly.
10:14:09PM Yes, that is correct.
10:14:11PM And that was a one foot issue on frontage.
10:14:17PM >>MARY MULHERN: I just wanted to thank Mr. Cohen for
10:14:19PM reminding us of that.
10:14:21PM [ Laughter ]
10:14:22PM >>CHARLIE MIRANDA: That's five lashes, Mr. Cohen.
10:14:26PM >>YVONNE CAPIN: And you know what, Mr. Cohen?
10:14:28PM That was not the first time it came back to us.
10:14:30PM It was the second time.
10:14:31PM It was the third time.
10:14:34PM >>HARRY COHEN: I was only here for the last time.
10:14:35PM [ Laughter ]
10:14:37PM >>YVONNE CAPIN: It came in before.
10:14:38PM Then I wasn't there for the first one, but I was the second

10:14:41PM one.
10:14:41PM And I voted appropriately then.
10:14:44PM I want everyone to know.
10:14:45PM [ Laughter ]
10:14:48PM >>CHARLIE MIRANDA: I think it might be confession time.
10:14:51PM Anyway, any further questions at this time of the counselor?
10:14:56PM Go to public audience for any comments on item number 12.
10:15:00PM Anyone care to speak on this item?
10:15:03PM Number 12?
10:15:14PM >> I haven't been sworn, is that necessary?
10:15:17PM >>CHARLIE MIRANDA: He'll swear you in.
10:15:19PM [Oath administered by Clerk]
10:15:23PM >> My name is James Alfonso, 4 Bahama Circle, Tampa,
10:15:29PM Florida, 33606.
10:15:31PM I'm just in favor of Ms. Brereton having the ability to
10:15:36PM build on this lot and giving it an affirmative vote.
10:15:41PM >>CHARLIE MIRANDA: Thank you very much, sir.
10:15:43PM Anyone else in the audience care to speak?
10:15:46PM I have a motion to close -- yes?
10:15:51PM >> Good evening, Council.
10:15:53PM Katherine O'Donniley with Singer & O'Donniley, 712 south
10:15:58PM Oregon, suite 200.
10:16:00PM And I'm here in lieu of -- there were some neighbors who had
10:16:04PM some very strong concerns about this proposal.
10:16:08PM Specifically what this would do to the character of the

10:16:10PM existing structures that are there.
10:16:12PM Some of the historical nature of what we see with larger
10:16:16PM lots and the surrounding area.
10:16:17PM Majority of which they are larger there.
10:16:20PM And don't require any sort of PD zoning.
10:16:23PM I think actually if I could put something up on the Elmo for
10:16:27PM just one moment.
10:16:28PM I'll try to get through this very quickly.
10:16:30PM So you can see that the areas in green are lots that are
10:16:50PM larger and actually represent some of the more recent
10:16:53PM development and the trend towards larger lot sizes.
10:16:57PM The subject site is in yellow.
10:16:59PM So the concern has been, what does this do for compatibility
10:17:07PM in the neighborhood?
10:17:09PM And we talked about it being just a measurement.
10:17:11PM But I think it's a measurement reflects that compatibility
10:17:15PM and it affects how we should use the density and amount of
10:17:19PM open spaces provided in the neighborhood.
10:17:21PM But since then, this week, the Alan Dobbs, who is the
10:17:26PM representative for the applicant of record, he went to the
10:17:32PM civic association and talked about some of the plans in
10:17:34PM details and specifically explained that the lots would be
10:17:38PM built at 40%, rather than the maximum 50%.
10:17:43PM And so with that knowledge, the neighbors who were not too
10:17:46PM happy about this decided that this was sort of a minimum

10:17:51PM that they could live with.
10:17:54PM And I want to go ahead and just submit into the record.
10:17:56PM We a petition with neighbors who were opposed to the
10:18:00PM proposal and who have decided in light of that meeting this
10:18:04PM week not to attend and oppose the petition.
10:18:08PM But they would like to see that the site plans reflects the
10:18:12PM 40% that was discussed at the civic association meeting.
10:18:27PM >> If I could just add one other item that these neighbors
10:18:32PM would like to see on the site plan between first and second
10:18:35PM reading.
10:18:36PM They would prefer that the air handler for the structure on
10:18:42PM parcel B not be located next to, on the lot line between --
10:18:49PM actually it will help if I put this up.
10:18:51PM They would prefer it not be located on this side.
10:18:57PM So it would be located to the north instead of adjacent to
10:19:04PM the larger, more traditional development that's to the
10:19:06PM south.
10:19:09PM So if those two items could be added to the site plan, then
10:19:12PM I think we have a compromise that is acceptable to those
10:19:15PM neighbors.
10:19:16PM Thank you.
10:19:17PM >>CHARLIE MIRANDA: Thank you very much.
10:19:17PM Petitioner, yes, sir?
10:19:21PM >>MIKE SUAREZ: Ms. O'Donniley, can I ask you just one quick
10:19:25PM question?

10:19:26PM This petition was signed prior to the understanding of the
10:19:30PM 40%, correct?
10:19:31PM >> Correct.
10:19:32PM >>MIKE SUAREZ: You just wanted it as part of the record?
10:19:35PM Yes.
10:19:36PM >>MIKE SUAREZ: Okay, thank you.
10:19:37PM >>CHARLIE MIRANDA: Next?
10:19:41PM >> I'm Debby Bauerman, 192 Corsica Street and I am a deka
10:19:48PM board member and I do not believe we voted on the 40%.
10:19:52PM Actually we voted not to take any position on this item.
10:19:55PM So it was mentioned but there were certainly no vote taken
10:19:58PM with regards to 40%.
10:19:59PM Thank you.
10:20:00PM >>CHARLIE MIRANDA: Thank you very much.
10:20:02PM Anyone else in the audience who has not pony who would care
10:20:05PM to speak at this time?
10:20:06PM Petitioner, you have for rebuttal.
10:20:16PM >> Briefly point out something on Ms. O'Donniley study of
10:20:22PM different colored lot.
10:20:24PM This is not a different colored lot test like you've seen in
10:20:26PM other applications.
10:20:28PM We meet the 75 feet of width.
10:20:30PM So it's not a question of whether this lot or that lot.
10:20:33PM We meet the width.
10:20:35PM The 40% consideration limitation has been clearly considered

10:20:41PM by my client, deeply considered with my client.
10:20:44PM We cannot do that.
10:20:46PM And we ask that we not be compelled to put that on the site
10:20:50PM plan.
10:20:52PM The air handler issue, let me explain that briefly.
10:20:58PM We want to have the latitude to put the air handler where we
10:21:02PM believe it should go in the design of the home.
10:21:04PM The home has not been designed per se.
10:21:06PM However, on that yard to the south, there's that neighbor's
10:21:12PM air handler with a substantial hedge in between what will
10:21:22PM become Nancy's home and Larry and Hilda Reardon's home.
10:21:28PM So their air handler is there and then they have this hedge
10:21:32PM that buffers the noise of the air handler.
10:21:36PM So it's not an unusual inconvenience that you do not deal
10:21:41PM with in urban living.
10:21:43PM So we ask that those not be included and I respectfully
10:21:47PM request your approval this evening.
10:21:52PM >>CHARLIE MIRANDA: Ms. Mulhern, then Mr. Suarez.
10:21:55PM >>MARY MULHERN: And why is it that you can't do that?
10:21:59PM >> Because the house design has not been laid out and the
10:22:03PM air handler may have --
10:22:04PM >>MARY MULHERN: No, no it the air handler.
10:22:06PM The 40%.
10:22:07PM You just said you can't.
10:22:08PM >> We cannot because that would limit my client's right to

10:22:13PM the building envelope.
10:22:20PM Of what they have within all the secs.
10:22:22PM And it would limit her from potentially adding on to the
10:22:27PM home in the future.
10:22:28PM >>MARY MULHERN: Did somebody meet with the neighbors?
10:22:30PM How did this 40% idea come up?
10:22:36PM They seem to be under the impression there.
10:22:39PM >> Mr. Dobbs was in that conversation.
10:22:42PM He can explain that to you.
10:22:44PM >> My name is Alan Dobbs, 5111 north Suwannee avenue.
10:22:48PM It was an error on my part.
10:22:52PM I offered that without consulting with Nancy Brereton and I
10:22:57PM regret doing that now because that was not fair to them.
10:23:01PM So, it was a mistake I made.
10:23:03PM And I did consult with her and the Reardons afterwards.
10:23:10PM And they didn't want to do it.
10:23:12PM >>MARY MULHERN: How many square feet are these, the homes
10:23:14PM going to be?
10:23:16PM >> Nancy wants to do a 2500 square foot home, four bedrooms,
10:23:20PM which includes the master.
10:23:25PM Rooms for her grandkids and like a den.
10:23:28PM The Reardons want to do a little bit bigger.
10:23:31PM 3500, 3,000 -- 3,000 square feet.
10:23:37PM The same size house roughly four bedrooms, maybe like a
10:23:41PM family room or bonus room on the second floor.

10:23:45PM >>MARY MULHERN: Thank you.
10:23:45PM I guess, can we hear from the neighbors again?
10:23:54PM Can we do that.
10:23:56PM >>CHARLIE MIRANDA: I don't know.
10:23:57PM That's a legal question.
10:23:59PM >>MARY MULHERN: I guess we have heard from them.
10:24:01PM >>CHARLIE MIRANDA: We have already heard.
10:24:04PM >>MARY MULHERN: I just want to understand the, if you're now
10:24:08PM submitting this petition or.
10:24:17PM >>MIKE SUAREZ: Mr. Grandoff, I think I'll speak for
10:24:19PM Ms. Mulhern and maybe some other people on the Council, is
10:24:22PM that we don't like these kind of he said, she said type of
10:24:26PM situations when it comes to either agreements or
10:24:29PM disagreements or things that are brought to us.
10:24:33PM Obviously, Ms. O'Donniley was here with a petition that was
10:24:36PM against your client.
10:24:39PM And came under the understanding that there was some
10:24:42PM agreement in terms of the 40%.
10:24:45PM Now, Mrs. Dobbs has just told us that was a mistake on his
10:24:50PM part.
10:24:50PM We have to try to make a decision based on what everyone's
10:24:54PM needs are and what is fair.
10:24:56PM I know you the historian of zoning here in the City of
10:24:59PM Tampa.
10:25:00PM You have been in this chamber sometimes when you do not have

10:25:03PM client.
10:25:03PM And I know why you do that.
10:25:05PM [ Laughter ]
10:25:06PM >>MIKE SUAREZ: Because you know the history and you can try
10:25:08PM and find consistency with what we do here.
10:25:10PM Problem is now you're bringing something that's a bit
10:25:13PM inconsistent with us because of the presentation you made.
10:25:15PM And obviously I don't think you might have known what
10:25:18PM Mr. Dobbs had done and that it was in agreement.
10:25:21PM So I just want to ask you, I mean, you understand these
10:25:24PM things more than anybody necessary this room, I think.
10:25:26PM Can you give us a little bit of explanation on how something
10:25:32PM of this magnitude could've happened?
10:25:34PM , with you being the attorney on this case.
10:25:37PM >> May I ask the -- going to that issue, that was a meeting
10:25:45PM that was Tuesday evening?
10:25:51PM That was Tuesday.
10:25:53PM I was not at the meeting.
10:25:54PM That discussion was between Mr. Dobbs and folks with the
10:25:59PM Davis Islands community association.
10:26:01PM I became aware of the discussion today and Mr. Dobbs
10:26:05PM regretfully did not have authority to make that overture.
10:26:09PM Even if he had the authority to make that overture,
10:26:14PM Ms. Brereton consciously considered it, looked at her site
10:26:20PM plan, realized that she had not laid out -- Alan has not

10:26:29PM laid out the home yet within the 20, 25, 7 and 7 setback.
10:26:36PM And it would be premature to impose a square footage
10:26:39PM limitation without knowing exactly where the house is going
10:26:43PM to rest.
10:26:44PM >>MIKE SUAREZ: I understand.
10:26:45PM Let me interrupt you for a second.
10:26:46PM That's not my point.
10:26:47PM My point is that you are an expert on this.
10:26:51PM By my standards, you're an expert.
10:26:53PM >> Thank you.
10:26:54PM >>MIKE SUAREZ: And what is Mr. Dobbs doing on Davis Island
10:26:57PM talking to the homeowners association at all?
10:27:00PM With you being the attorney on this case?
10:27:02PM That's what I have a problem with.
10:27:05PM >> Well...
10:27:06PM >>MIKE SUAREZ: You understand what I'm saying?
10:27:08PM You know how sticky and particular these cases can be.
10:27:12PM Why would Mr. Dobbs be speaking at all about this case with
10:27:16PM anyone without your knowledge?
10:27:19PM That's what I don't understand.
10:27:20PM >> I knew he was going.
10:27:21PM I knew about the meeting.
10:27:23PM And the meeting was to meet with the board of the Davis
10:27:25PM Island community association Tuesday evening.
10:27:28PM And Alan did the site plan.

10:27:32PM He's a site planner.
10:27:33PM So it was decided he would attend to discuss the site plan
10:27:37PM with the neighborhood board.
10:27:40PM And that was the meeting.
10:27:42PM It was not in my opinion, was not going to be an issue that
10:27:45PM would require legal advice.
10:27:48PM >>MIKE SUAREZ: I understand that.
10:27:49PM >> To me, there was the tender of a possible condition,
10:27:52PM including 40%, and these things happen.
10:27:57PM I think the gentleman has clearly apologized for what
10:28:01PM occurred.
10:28:02PM I will give you the benefit of the doubt that had Nancy
10:28:07PM wanted to consider it, she would've evaluated it with me and
10:28:10PM I would've said Nancy, I don't think you should hem yourself
10:28:13PM in on the square footage of the house, you have not laid it
10:28:18PM out yet.
10:28:19PM Very honest mistake.
10:28:20PM I hope I've answered your question.
10:28:23PM >>MIKE SUAREZ: You have.
10:28:23PM You have.
10:28:24PM And Mr. Grandoff, I think you know how I respect you.
10:28:28PM I do think that you're a terrific lawyer and you've proven
10:28:31PM in it this chamber several times.
10:28:32PM And that's part of the reason why I'm a little bit perturbed
10:28:37PM by this whole thing.

10:28:38PM Mr. Cohen just presented earlier on some history of what can
10:28:42PM happen when these cases are decided incorrectly.
10:28:45PM And we do not want to be in that situation again.
10:28:48PM It cost the city a pretty penny because of that issue.
10:28:52PM So this is a curveball that's being presented to us and I
10:28:55PM need to know how to pro proceed in this quasi-judicial way
10:28:59PM without being prejudicial to anyone.
10:29:02PM So I guess my point is that I'm a little bit confused
10:29:06PM because this is not something we usually see from you and
10:29:08PM your cases that you present.
10:29:10PM >> How about let me approach it this way.
10:29:14PM If we could go back in time and I was there Tuesday evening
10:29:19PM and privy to that discussion, I would've advised
10:29:23PM Ms. Brereton, do not agree to that condition.
10:29:25PM You have not laid out the home.
10:29:27PM You are bound by the setback and that is what's required
10:29:30PM under the police powers of the City of Tampa in their zoning
10:29:32PM code Chapter 27.
10:29:33PM That would've been my advice then.
10:29:35PM That is my advice today.
10:29:37PM I haven't read the petition yet.
10:29:39PM I'd like to look it over for a second and respond to it.
10:29:43PM >>MIKE SUAREZ: That's fine.
10:29:44PM >>CHARLIE MIRANDA: Ms. Capin?
10:29:47PM >>YVONNE CAPIN: Ms. Cole -- I mean Mandell.

10:29:52PM She's not answering anymore.
10:29:59PM >>JULIA MANDELL-COLE: Julia Mandell, legal department.
10:30:01PM I do want to say, I've now had a chance to speak with
10:30:06PM Ms. Feeley regarding this 40% condition that was discussed.
10:30:10PM Nobody's ever come to staff, nobody's ever come to us, I did
10:30:14PM hear about this today, to discuss the possibility of
10:30:17PM amending the, their site plan to add that note.
10:30:21PM Typically if there are these kinds of discussions that
10:30:25PM happen, somebody will bring it to your 0 attention so we can
10:30:29PM do revision sheets.
10:30:30PM Abbye would have to analyze whether or not that could be
10:30:33PM enforceable because, we're not -- we're having a hard time
10:30:37PM figuring out exactly what that means.
10:30:40PM I would encourage City Council, if Mr. Grandoff isn't going
10:30:44PM to, on behalf of his client, agree to amend his application
10:30:47PM to add any kinds of conditions relating to the structures
10:30:50PM being placed on the site plan that we just look at this in
10:30:55PM terms of what's in front of you.
10:30:56PM And I think I know where Mr. Suarez is going to go with
10:30:59PM this, which is, has there been a problem where a party or a
10:31:02PM potential party to this has been induced not to come or to
10:31:06PM induce to change what their position was going to be on this
10:31:10PM for the purposes of whether or not they were going to come
10:31:14PM in opposition today.
10:31:15PM I will also tell you you have second reading as well.

10:31:18PM But also I mean, we have to be very careful, these side
10:31:23PM deals when they get made, if a property owner chooses not to
10:31:28PM come and hopes that this condition will be effectuated, I
10:31:33PM just -- I'm concerned that that becomes part of your
10:31:38PM analysis if you're going to decide to approve or deny this
10:31:41PM because that was a risk that the neighboring property owner
10:31:45PM or somebody else may have taken with there was nothing in
10:31:48PM writing to the city of Tampa for the purposes of amending
10:31:53PM the application.
10:31:54PM So -- I understand why you're a little uncomfortable
10:31:59PM Mr. Suarez, because frankly I'm a little uncomfortable too.
10:32:03PM >>YVONNE CAPIN: Ms. Mandell, I'm the one that called you up.
10:32:06PM So thank you for answering the question I was going to ask
10:32:09PM you.
10:32:09PM And that is exactly it.
10:32:11PM There is nothing to -- if the petitioner decides, there's
10:32:18PM nothing to consider as far as the, other than what we have
10:32:24PM here in front of us right now.
10:32:26PM Thank you.
10:32:28PM >>JULIA MANDELL-COLE: Keep in mind, if you do choose to
10:32:30PM approve this you do have a second public hearing.
10:32:32PM So, there will be ample opportunity at that point in time if
10:32:36PM there's other objections.
10:32:39PM >> I just thought of something.
10:32:40PM Let me put you at ease.

10:32:42PM 4:30 this afternoon I was in my office, Alan called me.
10:32:45PM He says John, Katherine O'Donniley has contacted me, she'd
10:32:51PM like to talk to you about three possible conditions.
10:32:54PM This is 4:30.
10:32:56PM What are they?
10:32:57PM Number one, the air conditioner issue.
10:33:01PM Number two, the 40% issue, number three, can you make sure
10:33:05PM that they will comply with the tree and landscape code for a
10:33:09PM tree near a driveway?
10:33:10PM I said Alan, let's do this.
10:33:12PM Yes on the tree, we can do that.
10:33:15PM I recommend no on the air conditioner issue.
10:33:18PM I recommend no on the 04% issue.
10:33:20PM Call Nancy back and tell her that's my advice.
10:33:23PM That's at 4:30.
10:33:25PM He called Nancy back.
10:33:26PM Got the answer.
10:33:27PM He called Mrs. O'Donniley back probably 5:00.
10:33:31PM Plenty of time that these folks are still adamant about that
10:33:35PM issue to come to be heard.
10:33:37PM Now let's talk about the petition.
10:33:38PM The petition has a fundamental flaw in it.
10:33:42PM It says we strongly object, City of Tampa staff has already
10:33:48PM denied the petitioner's application to create two 75-foot
10:33:54PM lots administratively because the properties lacked adequate

10:33:56PM street frontage.
10:33:58PM A hundred percent wrong.
10:33:59PM We have the frontage.
10:34:01PM So there's a flaw in the factual statement of the petition
10:34:04PM that's been signed in opposition.
10:34:06PM These people don't know what they're signing.
10:34:08PM So I don't think it's worth the paper it's written on.
10:34:12PM >>CHARLIE MIRANDA: Mr. Suarez, you want the floor now?
10:34:15PM >>MIKE SUAREZ: Mr. Grandoff, that's part of the reason why
10:34:18PM when something like this comes up, which is atypical of
10:34:23PM cases that you bring before us, it was a bit surprising to
10:34:27PM me.
10:34:27PM And I think you understand why I'm saying this.
10:34:30PM Usually you know, every T is crossed and every I is dotted
10:34:36PM whenever we deal with you.
10:34:37PM It's not the petition itself.
10:34:38PM It's the idea that there are issues between neighbors about
10:34:42PM this particular situation, and I think that Mr. Cohen laid
10:34:47PM it out fairly easy that it was problems between neighbors
10:34:51PM over another case that made us come back and have to pay off
10:34:57PM somebody.
10:34:57PM And to me, I want to try to avoid that, I'm trying to make
10:35:01PM sure we make the right decision.
10:35:03PM I needed to make sure I heard from you what had happened
10:35:07PM because this is something that obviously I think surprised

10:35:09PM you, surprised us too.
10:35:10PM So I'm glad that you were able to read that and give us your
10:35:14PM take on the timeframe and everything else.
10:35:16PM So thanks you.
10:35:18PM >> Move to close now?
10:35:21PM >>CHARLIE MIRANDA: I hope so.
10:35:22PM Have a motion to close bring Reddick, second by
10:35:26PM Ms. Montelione.
10:35:31PM All in favor of that motion, please indicate by saying aye.
10:35:33PM Opposed nay.
10:35:35PM The ayes have it unanimously.
10:35:35PM Who wants to read this ordinance?
10:35:38PM >>YVONNE CAPIN: I'll read it.
10:35:39PM >>CHARLIE MIRANDA: Item number 12.
10:35:41PM >>YVONNE CAPIN: Ordinance being presented for first readings
10:35:44PM consideration, an ordinance rezoning property in the general
10:35:46PM vicinity of 202 Caspian Street in the City of Tampa, Florida
10:35:50PM and more particularly described in section 1, from zoning
10:35:52PM district classifications RS-75 residential single-family to
10:35:57PM PD planned development, residential, single-family detached,
10:36:01PM providing an effective date.
10:36:01PM >>CHARLIE MIRANDA: Motion by Ms. Capin, second by
10:36:06PM Ms. Montelione -- Mr. Suarez.
10:36:10PM It's getting late, I got the wrong side.
10:36:14PM One's got dark hair, one's got a little lighter hair.

10:36:18PM By Mr. Suarez.
10:36:20PM All in favor of that motion, please indicate by saying aye.
10:36:21PM Opposed nay.
10:36:23PM The ayes have it unanimously.
10:36:24PM Thank you all very much for appearing.
10:36:27PM >>THE CLERK: Motion carried unanimously.
10:36:28PM Second reading and adoption will be on December 6 at
10:36:31PM 9:30 a.m.
10:36:32PM >> Thank you for your time this evening.
10:36:36PM >>CHARLIE MIRANDA: Item number 13.
10:37:04PM >>ABBYE FEELEY: Item 13, Z12-47, located at 1601 and 1701
10:37:10PM North Lois Avenue, 4120 West Spruce Street.
10:37:14PM You'll see on your staff report this is currently a PD.
10:37:19PM It's PD Z 0725.
10:37:23PM It was a PD for residential multi-family and retail and the
10:37:26PM request before you this evening is for PD residential
10:37:28PM multi-family.
10:37:29PM If I may just a moment, predominantly everything on this
10:37:35PM project has remained the same.
10:37:37PM They want to shift the perimeter setback from 77 feet down
10:37:49PM to -- well, now when this was previously rezoned, it was not
10:37:54PM under the auspices of the Westshore overlay district.
10:37:58PM It is now.
10:37:59PM They did come in for a substantial change in order to shift
10:38:01PM that perimeter setback and under the provisions of 273237,

10:38:06PM you cannot reduce perimeter setbacks through a substantial
10:38:09PM change or administrative approval.
10:38:11PM Therefore, this case is back before you this evening.
10:38:13PM That being said, David and then I'll go over kind of what...
10:38:23PM >> Good evening, Councilmembers, David Hay again with your
10:38:26PM Planning Commission staff and I have been sworn.
10:38:30PM Well, for the next case we move over to the Carver City
10:38:34PM Lincoln Gardens neighborhood within the Westshore Planning
10:38:36PM District.
10:38:37PM Site is located within the boundaries of the Westshore
10:38:40PM business center and located within the mixed use urban
10:38:42PM village as defined by the Tampa comprehensive plan.
10:38:45PM On to the aerial, you can see the subject site.
10:38:50PM In the earn ask of the map, the city of Tampa solid waste
10:38:54PM department is located to the east.
10:38:55PM Bay Gulf credit union building is to the forth.
10:38:59PM Further north of off the air is International Plaza.
10:39:01PM To the west we can see single-family detached residential
10:39:05PM pad and typical of Carver City Lincoln Gardens neighborhood.
10:39:11PM One last thing you can see the pool at the Loretta Ingram
10:39:15PM center located west of the subject site.
10:39:17PM Finally move on to the future land use map.
10:39:20PM Surrounding area is designated regional mixed use one
10:39:24PM hundred.
10:39:24PM Properties to the south and west are designated residential

10:39:27PM 10.
10:39:28PM Overall the Planning Commission staff found that the
10:39:30PM proposed rezoning allows for additional residential housing
10:39:34PM choices within the Westshore District.
10:39:36PM Development also furthers numbers of policies regarding
10:39:38PM urban design and redevelopment within the Westshore
10:39:40PM District.
10:39:41PM Based on all that Planning Commission staff finds rezoning
10:39:44PM request consistent with the Tampa comprehensive plan.
10:39:50PM >>ABBYE FEELEY: Thank you, David.
10:39:51PM This rezoning request is 1601 and 1701 north Lois and 4120
10:39:59PM west Struhs is from PD, to PD, planned development
10:40:04PM residential multi-family.
10:40:06PM There are three waivers.
10:40:07PM These waivers were previously granted under Z 0725.
10:40:12PM They have not changed.
10:40:13PM In fact, there were more waivers granted under Z 0725.
10:40:17PM But this all we need now because of the modifications that
10:40:20PM were made to plan and because of the Westshore overlay
10:40:23PM district.
10:40:23PM Those three are to allow for the reduction of required
10:40:27PM parking from 875 to 645.
10:40:30PM And that's called out from 240 to 80 for the affordable
10:40:35PM senior housing portion of the site.
10:40:37PM And from 128 to 62 for the, for guest park being.

10:40:45PM The second is allow for reduction of minimum setback for
10:40:49PM loading space, allow three foot setback.
10:40:51PM Last is remove a hundred percent of the trees.
10:40:53PM As you'll see, site is pretty clear.
10:40:58PM Let me go ahead and show you that.
10:41:01PM Here is the PD that was previously done.
10:41:09PM You remember just a few, maybe two months ago we were right
10:41:12PM over here at Spruce and Hubert.
10:41:17PM There is a trend in this area of the city for multi-family
10:41:23PM development.
10:41:24PM Here's the site.
10:41:25PM Now I got a little crazy and ripped my aerial.
10:41:29PM Here's the site, as you can see.
10:41:31PM Not too many trees, there's a couple little sprinkles down
10:41:35PM toward the end.
10:41:36PM That was previously approved for a hundred percent removal.
10:41:41PM Give you just a couple quick views of the site.
10:41:46PM This is from Spruce looking south at the site.
10:41:50PM This is moving over just a little bit east, looking south.
10:41:55PM Transworld building to the north.
10:41:58PM An office building to the northwest.
10:42:02PM Concord school to the southwest.
10:42:07PM And as David showed you, there is a senior center just to
10:42:12PM the east and then fleet and solid waste is also on Spruce
10:42:17PM right there in close proximity.

10:42:19PM The property was most recently rezoned in 2007 for 510
10:42:27PM multi-family residential units, including 350 rental for
10:42:30PM sale units and 160 affordable senior housing with structured
10:42:34PM parking.
10:42:35PM The proposed modifications to the western and northern
10:42:37PM perimeter setback require consideration by City Council
10:42:41PM through a rezoning, pursuant to section 273237 which I
10:42:46PM talked a little about, substantial change criteria.
10:42:48PM Existing western setback is approved at 15 feet.
10:42:51PM The proposed setback will now comply with the Westshore
10:42:55PM overlay with a minimum of ten, maximum of 20.
10:42:58PM So we're able to shift the building up a little bit now on
10:43:02PM both of those areas.
10:43:03PM Proposed northern setback will also comply with the minimum
10:43:07PM of ten, maximum of 20 the 6.85-acre site currently vacant
10:43:13PM and surrounded by mix of uses.
10:43:15PM Not listed on your staff report, but listed on the site plan
10:43:21PM is a fourths waiver.
10:43:22PM That waiver is no being lower required, so I'm asking that
10:43:25PM that waiver be taken off in between first and second reading
10:43:28PM an also natural resources is asking that the tree survey is
10:43:32PM overlaid onto the site plan.
10:43:33PM Other than that, staff did find the request consistent and
10:43:36PM we're available for any questions.
10:43:38PM >>CHARLIE MIRANDA: Thank you very much.

10:43:38PM Any questions of Councilmembers?
10:43:40PM Petitioner?
10:43:52PM >> Good evening, Marilyn Healey, 101 East Kennedy Boulevard,
10:43:56PM late evening.
10:43:57PM I have been sworn.
10:43:58PM Abbye as normal did a great job talking about the project.
10:44:02PM We're very excited to be able to finally get our financing
10:44:05PM to go through with the project.
10:44:07PM We are only asking for the two setback waivers.
10:44:12PM Both ironically put us in full compliance with the Westshore
10:44:16PM overlay district.
10:44:18PM So it's a win-win.
10:44:19PM We have spoken to the Carver City Lincoln Gardens president,
10:44:23PM Dr. Morris Harvey, and he's supporting this as well.
10:44:29PM We have had no objections and I'd like your support for it
10:44:32PM too.
10:44:32PM We have our engineer and our planner and my client Phillip
10:44:38PM Smith from NR Varela.
10:44:42PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
10:44:44PM this item?
10:44:45PM Yes, ma'am?
10:44:46PM >>ABBYE FEELEY: In addition to the revision sheet, I have
10:44:48PM one notation that needs to be added into the site plan that
10:44:52PM was agreed upon by Ms. Healey and transportation staff this
10:44:56PM afternoon.

10:44:56PM So let me find that.
10:44:59PM >>CHARLIE MIRANDA: I want Ms. Healey to say yes for the
10:45:01PM record.
10:45:06PM >> Marilyn Healey again.
10:45:15PM Be are going to add the following note between first and
10:45:17PM second.
10:45:18PM Prior to the issuance of the first building permit, a
10:45:21PM mitigation payment of $152,091 shall be paid to the
10:45:26PM transportation division for improvements in the area.
10:45:29PM Impact fee credit shall be granted in accordance with
10:45:32PM chapter 25 of the City of Tampa code.
10:45:34PM And we agree to that.
10:45:38PM >>ABBYE FEELEY: And do I have that in writing I submit to
10:45:41PM the clerk.
10:45:43PM >>CHARLIE MIRANDA: Do you need any time for rebuttal?
10:45:45PM >> No, sir.
10:45:48PM >> Move to close.
10:45:49PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by
10:45:51PM Suarez.
10:45:51PM All in favor of that motion, please indicate by saying aye.
10:45:53PM Opposed nay.
10:45:54PM The ayes have it unanimously.
10:45:55PM Mr. Cohen, would you kindly take number 13.
10:45:58PM >>HARRY COHEN: Thank you very much, Mr. Chair.
10:45:59PM I move an ordinance being presented for first reading

10:46:01PM consideration, an ordinance rezoning property in the general
10:46:04PM vicinity of 1601 and 1701 North Lois Avenue and 4120 West
10:46:09PM Spruce Street in the City of Tampa, Florida and more
10:46:13PM particularly described in section 1, from zoning district
10:46:16PM classifications PD planned development, residential,
10:46:19PM multi-family and retail to PD planned development,
10:46:23PM residential multi-family, providing an effective date,
10:46:26PM including the items referenced in the revision sheet as well
10:46:30PM as the item that Ms. Feeley just submitted to the clerk and
10:46:35PM Ms. Healey assented to on the record.
10:46:38PM >> Second.
10:46:39PM >>CHARLIE MIRANDA: I have a motion on Mr. Cohen, second by
10:46:45PM Mr. Discussion, all in favor of the motion, please indicate
10:46:49PM by saying aye.
10:46:49PM The ayes have it unanimously.
10:46:50PM Thank you all very much for attending.
10:46:52PM >> Motion carried unanimously.
10:46:53PM Second reading and adoption will be December 6th at
10:46:56PM 9:30 a.m.
10:47:01PM >>ABBYE FEELEY: Item 14, is case Z12-48.
10:47:05PM This is located at 2204 Grant Street and 708 south 22nd
10:47:10PM Street.
10:47:11PM The request this evening is from CG, commercial general and
10:47:15PM RS-50, residential single familiar had to PD, planned
10:47:19PM development for residential single-family detached and

10:47:23PM single-family attached.
10:47:38PM >> Good evening, Councilmembers, David Hay again with your
10:47:41PM Planning Commission staff and I have been sworn.
10:47:43PM Well, we are back in the central Tampa planning district.
10:47:46PM The district provides the most opportunities for infill,
10:47:49PM while also recognizing it's some of the city's most historic
10:47:52PM neighborhoods, including the pimento beach neighborhood,
10:47:56PM which this site falls within.
10:47:56PM Next we move on to the aerial.
10:47:59PM You can see the subject site in the center of the map.
10:48:02PM See the large tanks, industrial uses associated with the
10:48:05PM port of Tampa on the left or west side of the aerial.
10:48:09PM We can see the mix of residential and commercial uses along
10:48:13PM south 22nd Street.
10:48:15PM To the east we see single-family detached residential uses
10:48:19PM and McKay Bay.
10:48:20PM Onto the future land use map, the subject site falls within
10:48:27PM two future land use categories.
10:48:29PM The eastern portion including property to the east of the
10:48:32PM subject site are designated residential 10.
10:48:35PM The western portion including properties lining south
10:48:38PM 22nd Street are designated community mixed use 35.
10:48:42PM We move west and we run into Transitional Use-24 and then
10:48:48PM the heavy industrial uses associated with the port on the
10:48:51PM west side of the map.

10:48:52PM Overall the Planning Commission staff found that the
10:48:55PM proposed rezoning allows for additional residential housing
10:48:58PM choices within the central Tampa planning district.
10:49:01PM The applicant has designed the site to provide appropriate
10:49:04PM transition and density between the intense uses along
10:49:06PM 22nd Street to the single-family detached residential
10:49:09PM pattern along grant and Davis streets.
10:49:12PM Based on all that, Planning Commission staff finds rezoning
10:49:16PM request consistent with the Tampa comprehensive plan.
10:49:35PM >>ABBYE FEELEY: So this request is from commercial general
10:49:38PM and RS-50.
10:49:39PM I'll show you where that kind of the, to PD to do nine
10:49:44PM residential units.
10:49:45PM And what David just explained to you was, it has a split
10:49:48PM land use, with CMU 35 that fronts on 22nd and then R-10,
10:49:53PM which is adjacent and steps into the neighborhood.
10:49:58PM That being said, they had -- what they're proposing is --
10:50:00PM and it's two lots split by an alley.
10:50:04PM So what they're proposing is three town homes and one
10:50:08PM single-family on one lot and four town homes and one
10:50:11PM single-family house on the other lot.
10:50:29PM Sorry, it's approaching 11:00, I'm like losing it.
10:50:33PM So the CG portion is this portion on the western part.
10:50:37PM And the RS-50 portion is the portion on the eastern part.
10:50:41PM 22nd to the west, grant to the south, Davis to the

10:50:45PM north.
10:50:46PM You'll see there's CI, there's CG that runs the majority of
10:50:52PM 22nd, which is applicable to the CMU 35 land use
10:50:57PM underneath.
10:51:00PM David showed you the aerial.
10:51:05PM I'm going to show you some pictures.
10:51:07PM There's a lot of construction.
10:51:09PM It appeared it was stormwater, I mean it was steady.
10:51:13PM We were out there.
10:51:14PM A large section of 22nd is closed and some pieces along
10:51:20PM grant.
10:51:20PM So, some of my pictures on this one are a little
10:51:24PM discombobulated.
10:51:26PM But I did the best I could do.
10:51:28PM This was at grant and 22nd, so looking kind of
10:51:31PM northeast.
10:51:33PM This is actually from the alley looking back to the southern
10:51:37PM parcel.
10:51:39PM And I could not get down grant at all.
10:51:42PM So I kind of took these shots from the alley looking back
10:51:45PM because the road was closed.
10:51:46PM And then I tried to come in from the other way, but as you
10:51:49PM can see it was pretty much impassable.
10:51:52PM So not good.
10:51:53PM So this is from 22nd looking back north toward the site.

10:51:57PM The site's on our right.
10:51:59PM This is on the north side of Davis and 22nd.
10:52:03PM So just to the north of the subject property.
10:52:05PM And this is to the south.
10:52:07PM So those are the commercial on 22nd.
10:52:10PM This is on Davis, just to the east of the site.
10:52:14PM This is still moving down Davis.
10:52:16PM That CIP I showed you on the atlas comes pretty far back on
10:52:23PM Davis.
10:52:23PM In fact, past the property.
10:52:27PM This is from the alley looking back toward 22nd.
10:52:32PM I kind of zoomed in.
10:52:34PM This is the south side of grant.
10:52:38PM This is looking back that way.
10:52:40PM This is from the alley looking on the north side of Davis,
10:52:43PM where I just showed you that CI property.
10:52:45PM So, when we looked at the property it originally came in
10:52:51PM with two quadruplexes.
10:52:54PM One on the northeast and one on the southeast.
10:52:58PM Because of that split land use, we had to move the town
10:53:01PM homes up to 22nd and put them in the CMU 35 and step
10:53:06PM back into the single-family residential neighborhood by
10:53:09PM putting a single-family detached house adjacent on the
10:53:15PM eastern portion of the site in order to allow for that
10:53:20PM compliance with the comprehensive plan.

10:53:22PM This is the west side or the northwest corner of 22nd
10:53:25PM and Davis.
10:53:26PM Northern boundary of the site.
10:53:27PM This is also the southwest of 22nd and Davis.
10:53:32PM 22nd is tore up.
10:53:34PM Moving south.
10:53:36PM This is the northwest corner of grant and 22nd.
10:53:40PM And this is looking across on the western side of 22nd
10:53:45PM on grant.
10:53:46PM The southwest corner of grant.
10:53:48PM You'll see very mixed kind of area there.
10:53:52PM And I think this is north Davis, looking south toward the
10:53:59PM site.
10:53:59PM Those trees, Mary has been working with the applicant and
10:54:04PM one of them is hazardous.
10:54:06PM She's going to have removed.
10:54:07PM But the other ones are going to be preserved through the
10:54:10PM current design, which you'll see on your site plan.
10:54:12PM So, the request for the north lot is, with setbacks will be
10:54:22PM five foot north, five foot west, four feet east and 20-foot
10:54:27PM south.
10:54:28PM And that's where the retention pond will be.
10:54:30PM For the northern lot, the access will be off of Davis.
10:54:33PM For the south lot, it has a zero foot north, five foot west,
10:54:38PM four foot west and two foot south.

10:54:41PM And the access on that one will be both off the alley and
10:54:45PM off of grant.
10:54:47PM And the maximum building height is proposed at 40 feet.
10:54:50PM Thereby some site plan modifications required from land
10:54:58PM development, natural resources and transportation, as well
10:55:02PM as a comment from stormwater.
10:55:03PM Other than that, my analysis is on pages four and five.
10:55:09PM Did I find the request consistent.
10:55:11PM It will put the town homes on to 222nd.
10:55:14PM Provide more urban field, infill, step it back into the
10:55:18PM single-family.
10:55:19PM That then is about two blocks long till you hit the water.
10:55:22PM Staff is available for any questions.
10:55:28PM >>CHARLIE MIRANDA: Ms. Mulhern?
10:55:30PM >>MARY MULHERN: Sorry.
10:55:30PM I don't want to take up too much time.
10:55:32PM But because I love this little neighborhood and from looking
10:55:36PM at your, the photographs you showed us, it just seems odd
10:55:42PM that these three story kind of town homes in this little --
10:55:49PM they're all small single-family homes.
10:55:54PM It feels sort of out of character.
10:55:59PM >>ABBYE FEELEY: I think -- it's hard to get this whole thing
10:56:04PM up here, obviously.
10:56:05PM I agree with you.
10:56:07PM That's why -- but when you look at the character of

10:56:11PM 22nd, you wouldn't necessarily put a single-family home
10:56:14PM on 22nd, given the commercial uses.
10:56:17PM So, that is why we stacked the town homes toward 22nd,
10:56:24PM they'll have their fronts there and they'll be rear loaded
10:56:28PM garages.
10:56:29PM And then stepped down with a single-family home next to the
10:56:32PM other single-family home.
10:56:34PM So it's going to be kind --
10:56:37PM >>MARY MULHERN: Oh, part of this is a single-family home?
10:56:41PM >>ABBYE FEELEY: Yeah.
10:56:41PM The north, the north lot you have three units and one
10:56:44PM single-family house.
10:56:46PM Which would be a single three story unit.
10:56:55PM >>CHARLIE MIRANDA: Wait, we're not going to have a give and
10:56:57PM take here.
10:56:58PM He's going to have a shot right now.
10:57:01PM >>ABBYE FEELEY: So those will be one single, single unit.
10:57:11PM >>CHARLIE MIRANDA: Petitioner, you want to come up?
10:57:13PM I apologized, sir.
10:57:19PM >> David Vasquez, I have been sworn in.
10:57:24PM 125 south Arrawana.
10:57:25PM Just add what the question was and what Abbye was commenting
10:57:31PM on.
10:57:31PM The flood elevation was so close to the water, it's 11 feet.
10:57:35PM So it would look kind of silly if you propped up a house

10:57:40PM another seven feet, eight feet and then put two stories on
10:57:46PM it.
10:57:46PM So mainly the bottom is just garage.
10:57:48PM Not living space.
10:57:49PM Because you got to build up so high.
10:57:54PM Secondly, the reason the streets are all torn up is
10:57:58PM thankfully we're getting new water mains.
10:58:01PM They're replacing the city's replacing all of the water
10:58:04PM mains going down 22nd and all of the laterals.
10:58:08PM And new fire hydrants.
10:58:12PM Which is great.
10:58:13PM Because we'll get a new street there now too.
10:58:15PM So it will look really nice.
10:58:17PM What she couldn't see is, this is across the street on
10:58:24PM Davis.
10:58:29PM And basically, you know, when they moved all the traffic
10:58:32PM over to the new 22nd Street, that commercial corridor
10:58:37PM died.
10:58:38PM And in fact, I can show you picture after picture.
10:58:42PM This is grant and 22nd across the street.
10:58:46PM You know, they're vacant.
10:58:51PM Business there, you know, the you have a few struggling
10:58:54PM convenience stores that are still in business.
10:58:57PM This is 22nd and grant on the other side of the
10:59:00PM property.

10:59:01PM And basically, like I said, most of the businesses there
10:59:05PM have shut down.
10:59:07PM They're mostly vacant properties.
10:59:09PM We love the neighborhood too.
10:59:11PM In fact, I refer to it as Channelside east because when you
10:59:16PM say Palmetto beach, nobody knows where it is.
10:59:18PM You know, you tell people time after time, there's Palmetto
10:59:23PM beach, you got to check it out.
10:59:25PM Where's that?
10:59:26PM But if I said Channelside east, oh, it's close to
10:59:29PM Channelside?
10:59:31PM And really, that's all we have.
10:59:33PM We think it's going to be a great project there.
10:59:35PM And revitalize that area.
10:59:39PM >>CHARLIE MIRANDA: I don't know where West Tampa came from.
10:59:41PM [ Laughter ]
10:59:45PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
10:59:47PM this petition, item number 14?
10:59:50PM Come forward.
10:59:51PM Not all at one time.
10:59:53PM [ Laughter ]
10:59:54PM >> Motion to close.
10:59:55PM >> I have motion to close by Mr. Suarez, seconded by
10:59:57PM Mr. Cohen.
10:59:58PM All in favor of that motion, please indicate by saying aye.

11:00:01PM The ayes have it unanimously.
11:00:01PM Mr. Suarez, will you kindly read number 14?
11:00:05PM >>MIKE SUAREZ: Thank you, chair.
11:00:06PM I present an ordinance for first reading consideration, an
11:00:09PM ordinance rezoning property in the general vicinity of 2204
11:00:12PM Grant Street and 708 south 22nd Street in the City of
11:00:16PM Tampa, Florida and more particularly scribed in section 1
11:00:19PM from zoning district classification CG commercial general
11:00:23PM and RS-50 residential single-family to PD planned
11:00:28PM development, residential, single-family detached and
11:00:31PM single-family attached, providing an effective date and
11:00:34PM including the revision sheet Z12-48 as presented by staff.
11:00:40PM >> Second.
11:00:40PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, I have a
11:00:42PM second by Mr. Reddick.
11:00:43PM Further discussion by Councilmembers?
11:00:45PM All in favor of the motion, please indicate by saying aye.
11:00:47PM Opposed nay.
11:00:48PM The ayes have it unanimously.
11:00:48PM Thank you all very much for attending.
11:00:51PM >>THE CLERK: Motion carried unanimously with Capin being
11:00:54PM absent at vote.
11:00:55PM Second reading and adoption will be on December 6
11:00:57PM at 9:30 a.m.
11:00:59PM >>CHARLIE MIRANDA: Thank you all very much.

11:01:00PM We go to item number 15.
11:01:59PM >>ABBYE FEELEY: Okay, this is item 15, Z12-53 located at
11:02:04PM 4010 and 4100 Boy Scout Boulevard.
11:02:08PM To many of you, this is known as the met west project.
11:02:11PM This was rezoned back in 2007 for a mixed use development
11:02:17PM office, commercial, multi-family, residential and hotel.
11:02:22PM And they are here this evening to add a few uses that were
11:02:30PM not contemplated back in 2007 when the plan was originally
11:02:34PM done and entitled for this property.
11:02:37PM As you may know, pursuant to 27323, substantial change you
11:02:41PM cannot add a use to a PD that was not previously approved by
11:02:45PM City Council.
11:02:45PM Which is what brings us here this evening.
11:02:49PM In addition to that, they are adding some minimal square
11:02:55PM footages to the site as well, while we are rezoning to add
11:03:01PM the uses.
11:03:02PM And I'll go ahead and let David complete his brief
11:03:05PM presentation and then I'll complete my very brief
11:03:08PM presentation.
11:03:10PM >> Good evening, Councilmembers.
11:03:14PM David Hay for one last time from the planning city
11:03:16PM commission staff and I have been sworn.
11:03:18PM While we end the night over in Westshore Planning District,
11:03:21PM the subject site is located within the Westshore Business
11:03:24PM District and the mixed use urban village as defined by the

11:03:28PM comprehensive plan.
11:03:29PM Next we're on to the aerial.
11:03:33PM You can see the subject site in the center of the map, Tampa
11:03:36PM International Airport is directly to the north.
11:03:39PM We have International Plaza to the west.
11:03:41PM We have the International Drive apartments to the south and
11:03:43PM we can see the Dale Mabry corridor on the east side of the
11:03:47PM aerial.
11:03:47PM Finally, we have the future land use map.
11:03:52PM The site falls within the regional mixed use one hundred
11:03:56PM future land use category, which is one of the most intensive
11:04:00PM land use categories in the city.
11:04:01PM Planning Commission staff found proposed rezoning would
11:04:04PM allow for additional uses that are in keeping with the high
11:04:07PM intensify urban district envisioned under the regional mixed
11:04:10PM use one hundred future land use category.
11:04:12PM And based on all that, the Planning Commission staff finds
11:04:15PM the request consistent with the Tampa comprehensive plan.
11:04:23PM >>ABBYE FEELEY: As I mentioned, this was rezoned in 2007 for
11:04:27PM met west.
11:04:28PM Included a million 42,650 square feet of office, 74,342
11:04:36PM square feet of retail restaurant, 270 hotel rooms and 254
11:04:39PM residential units.
11:04:42PM The subject application seeks to add alternative uses to the
11:04:45PM development to meet current needs and allow flexibility for

11:04:47PM the future.
11:04:48PM The proposed uses are equivalent to commercial general type
11:04:51PM uses and are indicated below.
11:04:54PM In addition to the inclusion of alternative uses, the
11:04:58PM application seeks to increase overall uses on the site by
11:05:00PM 35,000 square feet or 2.2% from what was previously
11:05:04PM approved.
11:05:05PM The applicant came in to us looking to do what we would
11:05:13PM consider a recreational facility commercial, a gym, or a gym
11:05:17PM type, it's called the barre method.
11:05:20PM Gloria thought it was a bar, so it was okay.
11:05:21PM I said no, it's not a bar.
11:05:23PM It's actually a personal fitness facility.
11:05:26PM So, that required us to come back.
11:05:30PM They've added some other uses on the use table.
11:05:36PM Including office, centrally restaurant, hotel residential.
11:05:39PM They added clinic, club, college, day care, public cultural
11:05:44PM facility, a school, including university, vocational,
11:05:47PM business and trade, bar, lounge, bowling alley, appliance
11:05:51PM and equipment repair, bank, catering shop, laboratory, the
11:05:54PM microbrewery, these would all be elective uses that could be
11:05:59PM there.
11:05:59PM Main of you are familiar with met west.
11:06:03PM And I know the hour being late, I do want to show you some
11:06:07PM pictures though.

11:06:08PM The development is really coming along.
11:06:10PM And they're just finishing up other office tower here,
11:06:17PM additional office tower.
11:06:19PM Met west is the home to Kona grill.
11:06:21PM And also Texas De Brazil if you haven't eaten dinner yet.
11:06:32PM Some of the older traditional pieces of the development.
11:06:35PM They just finished another one of their garages back off of
11:06:38PM Grady.
11:06:39PM So it's continuing to be developed.
11:06:43PM I don't know if you remember, if you were sitting on
11:06:46PM Council, did this church addition.
11:06:49PM Saw they had constructed this.
11:06:51PM Close to proximity to Selmon, International Plaza.
11:06:55PM This is the eastern side of that Main Street.
11:06:57PM Hopefully one day the other side of that will get built so
11:07:00PM that when drive in, there will actually be retail on both
11:07:03PM sides.
11:07:05PM This is also in proximity to the without walls.
11:07:08PM There's another little piece shot of that.
11:07:11PM Shot back at the new, I guess that's Price Waterhouse
11:07:15PM Coopers building.
11:07:16PM I think what we're finding and you may see another few in
11:07:19PM the next coming months, some of these big TDs done back in
11:07:24PM '06 and '07, they entitled and had thoughts of what uses
11:07:28PM would go in there.

11:07:29PM Many uses are now changing in reflection of the markets.
11:07:34PM Staff did find the request consistent.
11:07:36PM There are no modifications required in between first and sec
11:07:39PM reading and we're available for any questions.
11:07:41PM >>CHARLIE MIRANDA: Thank you very much.
11:07:42PM Petitioner?
11:07:44PM >> Good evening.
11:07:45PM My name is Elizabeth Abernathy, a planner at Wilson Miller
11:07:49PM stand tech, 2205 north 20th street in Tampa.
11:07:53PM I have been sworn.
11:07:55PM I have been fortunate to have worked on this project since
11:07:59PM 2006.
11:07:59PM The previous zoning was CI way allowed for a variety of
11:08:03PM commercial uses.
11:08:04PM We needed to do the PD in order to exceed the 45-foot height
11:08:08PM limit so they could build 11 story office towers.
11:08:11PM At that time, the retail area was envisioned to be a mix of
11:08:15PM uses on the PD, we specified retail, office, hotel,
11:08:21PM multi-family.
11:08:24PM When the tenants came in to finish out one of the retail
11:08:28PM spaces for a boutique fitness studio, it was determined by
11:08:33PM staff that take was not considered retail, but that is a
11:08:37PM commercial recreation facility and because that was not
11:08:40PM specifically called out on the PD, we needed to come back
11:08:43PM before you to get that as an approved use.

11:08:46PM And really that retail area, we always envisioned that there
11:08:50PM would be a mix of tenants that would support the office and
11:08:53PM support the multi-family on the site and the office area.
11:08:57PM So this is a use that supports those office workers.
11:09:01PM It is a fitness studio that will, caters to the adult market
11:09:08PM in the area.
11:09:10PM Sorry, it's late.
11:09:12PM I'm stuttering a bit.
11:09:13PM We always wanted to have flexibility for somebody else
11:09:17PM wanted to come in and do a hair salon or day spa or a medal
11:09:20PM office, that we would have that flexibility.
11:09:24PM It is a large site.
11:09:25PM A lot of internal capture.
11:09:26PM Plenty of parking.
11:09:28PM And we're here before to you request that, those additional
11:09:31PM uses.
11:09:32PM >>CHARLIE MIRANDA: Thank you.
11:09:32PM Anyone in the audience care to speak on this subject matter?
11:09:42PM >> No.
11:09:44PM >> The tenant, Jean Dupay.
11:09:50PM And Ken dwelling with Taylor Mathis with me here today if
11:09:55PM you have any questions specific to those.
11:09:59PM >>CHARLIE MIRANDA: All right.
11:09:59PM I have a motion to close by Mr. Reddick, second by
11:10:03PM Ms. Montelione.

11:10:04PM All in favor of that motion, please indicate by saying aye.
11:10:05PM Opposed nay.
11:10:08PM The ayes have it unanimously.
11:10:08PM Want to read it, Ms. Montelione?
11:10:14PM >>LISA MONTELIONE: Sure.
11:10:15PM To cap off the night.
11:10:18PM I move -- whoops.
11:10:21PM I move an ordinance rezoning property in the general
11:10:27PM vicinity of 4010 and 4100 Boy Scout Boulevard in the City of
11:10:31PM Tampa, Florida and more particularly described in section 1,
11:10:35PM from zoning district classifications PD planned development,
11:10:38PM mixed use, office, retail, hotel and residential, to PD,
11:10:43PM planned development, mixed use, office, commercial,
11:10:45PM multi-family residential and hotel, providing an effective
11:10:47PM date.
11:10:49PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, I have
11:10:52PM a second by Mr. Suarez.
11:10:53PM All in favor of that motion, please indicate by saying aye.
11:10:55PM Opposed nay.
11:10:56PM The ayes have it unanimously.
11:10:59PM [ Applause ]
11:11:00PM >> Motion carried unanimously.
11:11:02PM Second reading and adoption will be on December 6 at 9:30
11:11:06PM a.m.
11:11:08PM >>CHARLIE MIRANDA: Information reports.

11:11:11PM We go from right to left.
11:11:12PM Mr. Suarez?
11:11:14PM >>MIKE SUAREZ: None.
11:11:15PM >>CHARLIE MIRANDA: Ms. Capin?
11:11:17PM >>YVONNE CAPIN: Yes, I have three motions.
11:11:19PM They all pertain to the same place, but they're different
11:11:22PM dates.
11:11:22PM I'd like to present a commendation to the housing, Tampa
11:11:31PM housing authority and it will be presented at their
11:11:35PM groundbreaking ceremony trio at Encore December the 4th.
11:11:40PM Would you like me to make all these motions together even
11:11:44PM though they're different dates?
11:11:46PM Trio at Encore groundbreaking ceremony, Tuesday,
11:11:49PM December 4th being presented at the ceremony.
11:11:53PM Ella at Encore ribbon cutting ceremony, Wednesday,
11:11:57PM December 12th and Reed at Encore groundbreaking ceremony,
11:12:00PM Tuesday December 18th.
11:12:03PM >>CHARLIE MIRANDA: Have a motion by Ms. Capin, second by
11:12:07PM Mr. Cohen.
11:12:08PM All in favor of the motion, please indicate by saying aye.
11:12:11PM Opposed I nay.
11:12:13PM The ayes have it unanimously.
11:12:13PM Anything else?
11:12:15PM Mr. Reddick?
11:12:17PM >>FRANK REDDICK: No.

11:12:17PM >>CHARLIE MIRANDA: Ms. Mulhern?
11:12:18PM >>MARY MULHERN: No.
11:12:19PM >>CHARLIE MIRANDA: Mr. Cohen?
11:12:20PM >>HARRY COHEN: No, sir.
11:12:21PM >>CHARLIE MIRANDA: Ms. Montelione?
11:12:23PM >>LISA MONTELIONE: I'd like to make a motion to present a
11:12:25PM commendation to Spencer task for his, joining and elite
11:12:30PM group of Tampa electric customers that produces more energy
11:12:33PM than it uses.
11:12:36PM Last year, Mr. Cass became one of the first of Tampa
11:12:39PM electric's customers to get a rebate, enabling him to
11:12:43PM retrofit with solar the building where his companies have
11:12:47PM operated for the past 10 years.
11:12:50PM He now has a bill from TECO that is one big zero.
11:12:56PM So it is a tremendous feat and I know that he has been
11:13:03PM committed to running a sustainable office for many years.
11:13:06PM And I congratulate him.
11:13:07PM I know it's been a long road.
11:13:09PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
11:13:12PM by Ms. Mulhern.
11:13:13PM Further discussion by Councilmembers?
11:13:15PM All in favor of the motion, please indicate by saying aye.
11:13:17PM Opposed nay.
11:13:18PM The ayes have it unanimously.
11:13:18PM I need a motion to receive and file.

11:13:20PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
11:13:23PM Mr. Suarez.
11:13:23PM All in favor of that motion, please indicate by saying aye.
11:13:26PM Opposed nigh.
11:13:27PM The ayes have it unanimously.
11:13:27PM Anyone in the audience care to come up?
11:13:30PM None of you?
11:13:31PM Okay.
11:13:31PM We stand adjourned.
11:13:34PM


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