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Tampa City Council

Thursday, December 13, 2012

5:01 p.m. session


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04:58:50 >>CHARLIE MIRANDA: City Council is called to order.

05:03:20 Roll call.

05:03:21 >>MIKE SUAREZ: Here.

05:03:27 >>FRANK REDDICK: Here.

05:03:29 >>HARRY COHEN: Here.

05:03:31 >>MARY MULHERN: Here.

05:03:32 >>CHARLIE MIRANDA: Here.

05:03:32 These are public hearings on items 1 and 2.

05:03:35 These are Courtney Campbell Causeway you judicial.

05:03:37 Witnesses shall be sworn in before testimony.

05:03:39 >>MIKE SUAREZ: Move that we open 1 and 2.

05:03:43 >>CHARLIE MIRANDA: Along with that can you add that all

05:03:44 correspondence be received at this time on 1 and 2?

05:03:49 A motion by Mr. Suarez, seconded by Mr. Reddick.

05:03:53 The ayes have it unanimously.

05:03:55 Yes, ma'am.

05:03:57 All witnesses who are going to speak on 1 and 2, please rise

05:04:00 and be sworn in.

05:04:01 Whoever is going to speak, one more time, anybody who is

05:04:20 going to speak shall be sworn in.

05:04:22 (Oath administered by Clerk).

05:04:30 >>CATHERINE COYLE: Planning and development.

05:04:31 The first case before you is the one that was continued from

05:04:33 last month.

05:04:35 We discovered that there was a slight discrepancy on the

05:04:38 description on the agenda.

05:04:40 It said that it was the area west of the Hillsborough River.

05:04:44 It was actually east of the Hillsborough River.

05:04:46 That was corrected on the agenda.

05:04:47 We went ahead and noticed the neighborhood associations just

05:04:50 to make it clear that that letter contain that description.

05:04:58 There were two gentlemen that night.

05:05:00 I'm not sure if either are here.

05:05:02 I don't believe they are, actually.

05:05:04 I did speak to Mr. Pressman on the phone this afternoon, and

05:05:07 just -- I hadn't heard from him right afterwards, and I

05:05:12 advised him there was a second hearing as well.

05:05:15 Weighs in Pasco County.

05:05:16 And essentially said that he was just put on the record, his

05:05:20 issues with the future code amendments.

05:05:24 But it was what it was, and he understood.

05:05:27 So he may come tonight at some point.

05:05:29 But he was in Pasco County but he does know of the second

05:05:34 reading as well.

05:05:35 We corrected the description and we are just asking for your

05:05:37 approval.

05:05:39 >>CHARLIE MIRANDA: Okay.

05:05:39 Anyone else?

05:05:40 Anyone in the public care to speak on item number 1?

05:05:43 This is a continued public hearing from November 8th.

05:05:46 As Ms. Coyle indicated, west was there in error, and this is

05:05:55 concerning the zonings, the area specified on the hearing

05:05:58 today, so does anyone care to speak on item number 1?

05:06:07 >>FRANK REDDICK: Move to close.

05:06:09 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick,

05:06:12 seconded by Mr. Suarez.

05:06:13 Discussion by council members?

05:06:15 Ms. Mulhern.

05:06:19 Item number 1 is the Seminole Heights, is that correct?

05:06:24 >>CHARLIE MIRANDA: Correct.

05:06:26 >>MARY MULHERN: I have an e-mail that I just got, 3:21

05:06:31 today, so I want you to answer it.

05:06:33 >> Does it happen to reference which section, southeast or

05:06:37 southwest?

05:06:38 >>MARY MULHERN: Okay, my name is Maria Garcia, and I live

05:06:46 at 910 -- east north Bay Street.

05:06:52 >>CATHERINE COYLE: That's the next one.

05:06:54 I responded to her and I have --

05:06:59 >>MARY MULHERN: I think this is the response to your

05:07:00 response.

05:07:02 Well, I don't know, butt looks like it is.

05:07:04 >> Any other discussion by council members at this time?

05:07:12 I have a motion to close by Mr. Reddick, seconded by Mr.

05:07:15 Suarez.

05:07:16 All in favor? Opposed?

05:07:17 The ayes have it unanimously.

05:07:20 Mr. Suarez, this is first reading.

05:07:22 Would you kindly read item number 1?

05:07:24 >>MIKE SUAREZ: I present an ordinance presented for first

05:07:28 reading consideration, an ordinance rezoning property in the

05:07:31 general vicinity of south of Hillsborough Avenue, east of

05:07:34 Hillsborough River, north of Dr. Martin Luther King Jr.

05:07:37 Boulevard and west of a boundary running south on Florida

05:07:40 Avenue from Hillsborough Avenue to Osborne Avenue, thence

05:07:43 running east on Osborne Avenue to interstate 275, thence

05:07:48 running south to Dr. Martin Luther King Jr. Boulevard in the

05:07:52 city of Tampa, Florida, and more particularly described in

05:07:54 section 1 from zoning district classifications for

05:07:57 residential single-family RS-50 and RS-60, residential

05:08:03 multifamily, RM-12, RM-16 and RM-24, residential office, RO

05:08:10 and RO-1, neighborhood commercial CN, commercial general CG,

05:08:15 and commercial intensive CI to Seminole Heights specific

05:08:20 zoning classifications SH-RS, SH-RS-A, SH-RM, SH-RO, SH-CN,

05:08:32 SH-CG, and SH-CI, providing for severability, providing for

05:08:40 repeal of all ordinances in conflict, providing an effective

05:08:42 date.

05:08:43 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez on first

05:08:45 reading, seconded by Mr. Reddick.

05:08:47 Further discussion by council members?

05:08:48 All in favor of the motion please indicate by saying aye.

05:08:51 Opposed nay. Motion passes unanimously.

05:08:54 >>THE CLERK: Motion carries with Mulhern absent at vote.

05:08:58 Second reading and adoption will be on January 10th at

05:09:01 9:30 a.m.

05:09:03 >>CHARLIE MIRANDA: Hearing number 2.

05:09:12 >>CATHERINE COYLE: Land development.

05:09:13 I was just checking my e-mail to see if Maria responded to

05:09:17 me.

05:09:18 Again, it's in the area to Seminole Heights in five separate

05:09:22 areas.

05:09:24 Each area has approximately 1500 to 2,000 pieces of

05:09:27 property.

05:09:28 You just heard the last one which was southwest.

05:09:30 This is the southeast area.

05:09:34 And it bridges two atlas pages in our zoning atlas, and I do

05:09:39 have -- I received since our open houses that we held

05:09:43 November 27th and 28th, where we invited everyone

05:09:46 that we put on public notice for this hearing, invited them

05:09:50 to come to our office to review any matters.

05:09:52 We did have about 17 or 18 people come through, group of

05:09:56 families come through and look at the different locations

05:09:58 specific to their land.

05:10:00 Since then, I have had three additional requests that are

05:10:05 documented in the handouts that I gave you, specifically

05:10:10 page F-13.

05:10:12 F-12 has remained as is.

05:10:14 I haven't had any additional comments about F-12.

05:10:17 F-12, you can see the map.

05:10:21 And it's colored in yellow, the area under proposed

05:10:26 rezoning.

05:10:27 This particular page remains as is from the original

05:10:30 submittal.

05:10:33 Page F-13, page F-13 I highlighted in green, the three

05:10:42 locations that I have amended based on the comments that I

05:10:47 received from groups of property owners, either within or

05:10:50 surrounding these properties.

05:10:51 I have gone back and looked through the current zoning

05:10:55 atlas, the land use maps that were done to division plan and

05:11:00 documented that.

05:11:01 The change could occur specifically to this property which

05:11:06 is at Osborne, between Nebraska and 10th.

05:11:15 This particular piece of property originally showed SH-CG.

05:11:21 The neighboring residence and property owners actually wrote

05:11:25 in, and he happens to be a planner, not for the city but

05:11:28 happens to be a planner, and he actually attended all the

05:11:31 vision planning meetings for the last couple of years, and

05:11:35 we talked about a better transition from CG to something

05:11:40 that was more intense, a little more dense than standard

05:11:45 SH-single-family but was a good transition where it's still

05:11:48 a single-family use but attached housing.

05:11:51 These particular three lots are actually vacant right now.

05:11:55 And moving it back down to SH-RSA, actually made sense of

05:12:00 the transition, and he agreed to that as well based on our

05:12:04 correspondence.

05:12:07 And his name is Tom Moore.

05:12:08 He actually happens to live on 10th.

05:12:11 This particular segment right here was a group of ladies

05:12:14 that live within these properties and surrounding it.

05:12:18 This piece was shown as SH-RM, residential multifamily, and

05:12:24 as you can see it does jut into the area a little bit.

05:12:26 So reconciling that with all the previous maps in the vision

05:12:30 plan that I just mentioned, taking that back to SH-RS-A, all

05:12:35 of the existing development is single-family detached.

05:12:37 It made sense to keep it as it is today.

05:12:41 So that is being changed back to SH-RS

05:12:47 Oh, I'm sorry.

05:12:50 I was off the camera.

05:12:55 FROM THE FLOOR: Zoom out so we can see it.

05:12:57 >>CATHERINE COYLE: And wilder comes in here, and then it

05:13:02 turns into like a little alley behind this property.

05:13:07 The third piece is this particular one on Giddens that

05:13:13 backed up to the commercial intensive property along

05:13:15 Hillsborough, and it runs mid block currently.

05:13:22 To the properties that actually front ours.

05:13:26 I was contacted by area people, actually around Giddens, and

05:13:30 they noted quite a bit of activity on the park, actually

05:13:37 passing the information to parks and recreation.

05:13:39 They raised some concerns about criminal activity and some

05:13:42 other things, which I found interesting, so I put her in

05:13:46 contact, those ladies in contact with Greg Bayor because it

05:13:54 was interesting information.

05:13:55 And I show this to SH-RSA.

05:13:58 I did see, before council started, I asked the audience who

05:14:01 was from Seminole Heights, and there is a gentleman here who

05:14:04 I was unaware of until this moment that apparently has some

05:14:08 additional documents and petitions or letters signed from

05:14:11 people in here that want to just retain SH-RS,

05:14:15 single-family, which I really have no beef with either, if

05:14:18 council wants to so move it as single-family.

05:14:20 It is single-family today.

05:14:21 We certainly can just transition it to single-family.

05:14:24 And you can direct that change between first and second

05:14:27 reading and I can update the map.

05:14:29 So I have no objection to that change.

05:14:31 The fourth change is the e-mail that you got from Maria

05:14:34 Garcia.

05:14:36 And I got it pretty much at the same time that you got it,

05:14:40 actually.

05:14:49 She was on the same e-mail chain as the lady that lives in

05:14:54 this area.

05:14:57 Because she forwarded on some additional information about

05:15:01 this particular area where she owns houses and her neighbor

05:15:07 joins in as well.

05:15:09 Let me see when you got that e-mail.

05:15:17 I must have left it in my printer but I saw it when I got

05:15:20 back this afternoon.

05:15:21 And I did respond to her.

05:15:22 And what I did respond was similar to the one in the north,

05:15:25 where what we could do, she was in this particular piece.

05:15:29 If you look at the proposed map -- that's why I did it this

05:15:33 way so you could actually see it -- if you look at the

05:15:35 proposed map, the RM comes in like this and actually wraps

05:15:42 up to her property as well as this block.

05:15:44 What we are showing is retaining SH-RS here, could be the

05:15:51 attached housing, and then the Ringling Museum the rest of

05:15:53 the way.

05:15:54 There is some multifamily in this particular area, even some

05:15:57 nonconforming multifamily.

05:16:01 That we got in the division plan.

05:16:03 Part of the purpose of this rezoning was to acknowledge

05:16:06 existing uses as well.

05:16:09 But this was the proposal that I came up with literally

05:16:12 within the last hour after reading her e-mail, which doesn't

05:16:16 create a notice issue and we can scale it back.

05:16:20 SH-RS, this particular block becoming SH-RSA the transition,

05:16:28 and back to multifamily which is transition from commercial

05:16:31 to single-family.

05:16:33 If council is so inclined to amend that further and make it

05:16:36 less intense, amending this piece, I brought the existing

05:16:42 map as well just to show you.

05:16:54 Where the Ringling Museum is on the back half of this block

05:16:56 it's currently zoned single-family.

05:16:58 If you simply want to retain the SH-RS, that would not cause

05:17:02 a notice problem either and we could simply amend the map

05:17:05 between first and second reading.

05:17:14 I think that resolves all the issues between the open house

05:17:18 and the comments I got.

05:17:22 Based on what I showed you in the latest correspondence and

05:17:25 what I showed you from the public, I'm available for any

05:17:28 questions or corrections.

05:17:28 >>MARY MULHERN: Yeah, well maybe -- I guess I'll ask you,

05:17:33 but I do want to hear if there's anyone here to speak on

05:17:36 this.

05:17:37 But I guess I'll ask the question first.

05:17:40 My concern with this isn't that I'm not going to be

05:17:50 comfortable about changing this property based on the one

05:17:53 e-mail you got.

05:17:54 If this is actually creating -- changing their single-family

05:17:59 zoning to single-family attached, which is a major change

05:18:10 for property owners, I am not comfortable with that at all

05:18:14 because the question would, yes, this is what would happen

05:18:17 if her home were rezoned, her property, but she's also

05:18:23 concerned about her neighborhood.

05:18:29 I think you need to address the question here about going

05:18:31 from having single-family home to being able to have

05:18:37 duplexes or whatever, you know, whatever this is going to

05:18:41 allow people to do, which is a more intense use.

05:18:53 >>CATHERINE COYLE: She did acknowledge she was paraphrasing

05:18:56 what I was saying and then gave her synopsis on what her

05:18:59 take on what I said was and wanted me to clarify to make

05:19:03 sure either that's what I meant or not, because she

05:19:06 wanted -- she was hoping essentially that she was

05:19:09 misunderstanding me, which is fine.

05:19:11 The SH-RSA is not a multifamily district.

05:19:15 It is a single-family district.

05:19:16 It simply allows the buildings to be attached.

05:19:19 But the unit itself owns the land underneath. The units

05:19:19 aren't stacked on top of one another.

05:19:25 It's a townhouse style.

05:19:27 All multi-family, attached housing and single-family

05:19:28 detached all follow the same building form requirements that

05:19:33 are embedded in the district so they will have that certain

05:19:36 required building character as if it were a single-family

05:19:39 detached home. Even attached housing does as well.

05:19:42 Given the size requirements for attached housing and the

05:19:45 parking requirements for attached housing, even on a 50-foot

05:19:53 lot it's very rare that you would be able to have two let

05:19:58 alone three.

05:19:59 Two is not actually allowed.

05:20:01 That's a semi-detached unit.

05:20:02 >> Why would you change the zoning to attach if it's not --

05:20:07 if the lots aren't large enough to create attached housing?

05:20:10 >> It captures the future redevelopment of the area.

05:20:17 It allows that future potential where if there's multiple

05:20:18 lots that become vacant and are joined together, you have

05:20:21 the ability to redevelop some other character.

05:20:24 And it's a transition from the heavy intensive commercial.

05:20:28 It's a slightly more intense district than single-family

05:20:32 where you have that bridge then down to single-family, with

05:20:35 a buffer in between.

05:20:37 But like I said, if you are not comfortable doing that --

05:20:43 >>MARY MULHERN: If it's a single-family zoning district and

05:20:45 you are turning them into a less, now, for an individual

05:20:49 owner, it's better for an investor, who wants to live in a

05:20:58 single-family home in the neighborhood that they bought in,

05:21:02 you are making, you know, you are encouraging the

05:21:05 redevelopment to a new kind of development that is not what

05:21:09 they wanted.

05:21:10 So I feel like at this point, unless I hear something

05:21:17 different, I can't -- I can't vote for these changes.

05:21:27 >>CHARLIE MIRANDA: Ms. Capin, then Ms. Montelione.

05:21:30 >>YVONNE CAPIN: I know this area very well.

05:21:32 East Ida.

05:21:33 My mother-in-law lived there many years.

05:21:35 It's all single-family homes.

05:21:36 Where is it on here, right on these two corners, either

05:21:42 13th or 12th.

05:21:49 Cathy?

05:21:50 Which corner is WMNF?

05:21:53 Is it 13th or 12th on this corner?

05:21:57 But everything behind it -- everything behind it, that whole

05:21:59 Ida street is all single-family with the exception of maybe

05:22:04 one duplex, you might find, or something that was built in

05:22:07 the 30s that has a garage and an upstairs.

05:22:11 I remember in the corner there.

05:22:12 But this whole street is all single-family.

05:22:14 >>CATHERINE COYLE: This particular map lines up with the

05:22:18 future land use map, the zoning that matches up.

05:22:23 We can keep it SH.

05:22:25 >> I think that would keep the neighbors -- at least that's

05:22:29 to my understanding -- and I know that the area very, very

05:22:33 well.

05:22:36 Those are single-family.

05:22:37 I would hate to be one that is the single-family owner and I

05:22:41 happen to be the one that's transitioned, and then my

05:22:44 neighborhood turns into duplexes.

05:22:52 They have been living with that commercial on MLK for years.

05:22:56 And years and years.

05:22:58 And it's still a neighborhood of single-family behind it.

05:23:11 And you did suggest that that could stay, is SH --

05:23:15 >> Yes, that SH-RM can simply be changed to SH-RM on Ida,

05:23:21 and you can direct that change.

05:23:24 I can amend the map for that entire -- essentially that

05:23:29 entire kind of shape that's right there.

05:23:38 >>YVONNE CAPIN: Okay.

05:23:42 >>CATHERINE COYLE: Then this one here, the gentleman in the

05:23:44 audience that spoke before the hearing, he's requesting for

05:23:47 the "A" to come off as well which we are fine with as well.

05:23:57 >>YVONNE CAPIN: Okay.

05:23:58 >>CHARLIE MIRANDA: Mrs. Montelione.

05:23:59 >>LISA MONTELIONE: Thank you.

05:24:10 In Ms. Garcia's letter she did write that the neighbor is a

05:24:15 multifamily rental unit.

05:24:16 >> She partnering keeps it nicer than other people.

05:24:23 >> Yeah, she owns the four-plex on the corner of north bay

05:24:27 and Nebraska.

05:24:28 And while she is extremely conscientious of the quality of

05:24:32 her tenants, I can tell you she is most definitely the

05:24:36 exception.

05:24:36 So that other property isn't single-family now.

05:24:41 It's already multifamily.

05:24:44 And while I may not be as familiar, but it seems to be a mix

05:24:55 of single-family and multifamily or duplex.

05:25:00 Is that the existing land use?

05:25:02 Because I would have liked to have seen the existing on

05:25:07 these blocks.

05:25:08 >>CATHERINE COYLE: As we get closer to the commercial

05:25:13 corridor, they tend to mix a little bit.

05:25:15 There is a predominance of single-family detached.

05:25:18 There is actually on the other side of 275, there are a

05:25:20 couple of apartment complexes close to MLK but it's actually

05:25:25 in the other zoning area, not this particular one.

05:25:27 This map when you look at it if you were to line it up with

05:25:30 the future land use map that was adopted, it aligns with

05:25:33 that a little more, whether it's the R-20 behind it and as a

05:25:38 buffer.

05:25:38 So this map was matched up with that to build in that buffer

05:25:42 for the zoning classification.

05:25:44 But if it's not council's desire to do that at once, each

05:25:50 individual person can come in and ask on a case-by-case

05:25:54 basis so you can consider that rezoning.

05:25:57 >>LISA MONTELIONE: A couple of concerns that I have is

05:26:03 making an exception for one or two property owners because

05:26:07 some are maybe more vocal or more attentive to what goes on

05:26:12 at council, reading a newspaper or attending workshops or

05:26:16 sending e-mails to us.

05:26:19 Some folks are not as tuned in, I guess if you want to say.

05:26:24 >> I will say the people that have contacted me throughout

05:26:28 have not been the people that were carrying through the

05:26:33 whole process.

05:26:35 Like I have never met Maria, and I don't know that she came

05:26:38 to any of the meetings.

05:26:39 Maybe she did, maybe she didn't.

05:26:40 Several of the people that wrote in came in with a

05:26:44 collective voice of a group of people on a certain block and

05:26:47 they were looking at the piece that was next to them, or,

05:26:50 you know.

05:26:54 A concern that I have is if we make an exception for one

05:26:56 property owner then somebody else finds out about it after

05:26:58 the area, that rezoning is done and they come in when they

05:27:02 try to sell their house or do something that requires, you

05:27:05 know, a revelation as to, oh, my zoning is changed, and then

05:27:10 they find out, well how I come wasn't accepted?

05:27:13 So I get the concept of having the transition between, you

05:27:18 know, you have got the most intensive and least intensive

05:27:21 and then you want to have the buffer in between.

05:27:25 I mean, it makes sense as a concept.

05:27:28 So --

05:27:32 >> If this changes, that is the bulk of the increased zoning

05:27:38 districts.

05:27:39 If not almost all of them.

05:27:44 The rest them pretty much retained the district that they

05:27:47 had before, and morph into a like district. If this were

05:27:53 changed back to SH-RS and these three pieces change as well

05:27:58 to SH-RF -- and this particular one is SH-RA, and based on

05:28:02 their input, you have covered probably 90% of the properties

05:28:06 that showed an increase.

05:28:07 The rest them are like to like.

05:28:10 So it's not necessarily a piecemeal that you would think

05:28:13 because there are large areas that we were downgrading.

05:28:17 >> Leave that on there because it's much easier when you are

05:28:21 looking at the map.

05:28:24 So like this is --

05:28:28 >> RS-50 now.

05:28:31 And they are surrounded by commercial.

05:28:33 And then there were these pieces that were jutted in with

05:28:36 some intensity, in here.

05:28:37 >> So from what I'm seeing, the one piece, 9th and

05:28:45 Ida -- on the map I'm looking at has a little white box and

05:28:56 SH-RSA on it.

05:29:00 >>CATHERINE COYLE: I couldn't highlight in the time before I

05:29:02 came over because --

05:29:08 >>LISA MONTELIONE: Yeah, there you go, that map.

05:29:12 Okay.

05:29:13 So that wasn't shown on the other map that you had up on the

05:29:19 screen.

05:29:20 So the properties that are in that, bounded by Ida, 9th,

05:29:27 10th and north bay, McCords?

05:29:35 >> Yes.

05:29:37 >>LISA MONTELIONE: Are those Com dominantly

05:29:42 single-family as well?

05:29:43 >> It wraps the commercial and then it's RS-50.

05:29:46 So instead of having that Ringling Museum built in we have

05:29:50 taking it back to SH-RS which is the like district.

05:29:53 So like I said, that piece, instead of SH-RM would just

05:29:59 retain the SH-RS.

05:30:03 >> So the SH-RSA is somewhat similar to RS-50, but RS-50 is

05:30:11 single-family detached?

05:30:12 >> Detached only.

05:30:13 Based on the comments I have heard tonight, the concern at

05:30:16 least from a couple of council members, the A would go away.

05:30:21 >> But if you do that doesn't that take out the whole

05:30:25 concept of having the transition because it abuts on the

05:30:30 east to the multifamily, to the south and west to

05:30:33 commercial?

05:30:35 So isn't that removing the whole concept of having the

05:30:38 transition?

05:30:41 >>CATHERINE COYLE: This would be the RS versus Ringling

05:30:43 Museum.

05:30:44 So it wouldn't be that built-in transition.

05:30:46 >> Right.

05:30:47 So we would be throwing the concept out the window

05:30:49 basically.

05:30:50 >> We would be like to like.

05:30:52 >> Yes, I understand, like to like.

05:30:56 So they are just going to retain the zoning.

05:30:59 But isn't the whole concept of doing the area-wide rezoning

05:31:03 in all of the planning and studying that you put in to this

05:31:08 work and all of the open houses you have had to introduce

05:31:15 the concept of going from a transition of intensive to

05:31:23 single-family and having those buffers in between the

05:31:25 commercial and the single-family residential, so you put in

05:31:30 the multifamily, you put in the higher density?

05:31:35 So if we did that, and stuck with like to like, we would be

05:31:38 doing away with that concept.

05:31:41 >>CATHERINE COYLE: Not completely.

05:31:42 Overall from a future redevelopment perspective, you are

05:31:44 correct.

05:31:45 And that is still in the future land use map.

05:31:48 That was adopted in the future land use map.

05:31:50 Those transitions exist underneath this map in the future

05:31:54 land use categories.

05:31:55 What this map showed was that transition to match the future

05:31:59 land use map.

05:32:00 So the area rezoning, just bringing the district in line

05:32:06 with Seminole Heights.

05:32:06 By building in the transition at once, in the beginning, is

05:32:11 just doing it in a uniform manner.

05:32:14 It really a matter of process.

05:32:15 But since this is a future look at what's going to happen,

05:32:18 what will happen is if this retains the district that it

05:32:21 has, individually, as we do in other places around the city,

05:32:25 someone can come in and ask to change, an individual

05:32:28 property.

05:32:29 >>LISA MONTELIONE: Future land use on the underlying land

05:32:32 use account for that.

05:32:34 So everybody can come in to a rezoning and then we would

05:32:37 decide parcel by parcel whether or not to allow the rezoning

05:32:42 to where it's a more intense than single-family district,

05:32:47 and try and make that transition, because that's what we

05:32:51 are -- potentially what property owners, future development

05:32:57 companies might come in and ask us for, because it allows us

05:33:03 in the future land use.

05:33:04 >> And it's the current system we have now throughout the

05:33:07 city.

05:33:08 >>LISA MONTELIONE: So that being the case, then rather than

05:33:13 have a plan in place that sets the stage for that to happen,

05:33:24 we would then be piecemealing.

05:33:30 Yes?

05:33:30 >> Individual property owners two of right to come in and

05:33:37 ask, yes.

05:33:37 You can either do it for them uniformly or ask in the

05:33:40 future.

05:33:40 >> All right.

05:33:41 I think --

05:33:43 >> Our proposal was to do it as one uniform, because the

05:33:47 uses that are there on the property are still allowed.

05:33:49 It's not like we are making them nonconforming.

05:33:52 >> Well, like when we have requests come in for things along

05:33:56 the general corridor and we are talking about alcoholic

05:33:59 beverage earlier this morning, is that if you -- if you have

05:34:04 development coming in that are along the high intense

05:34:08 commercial corridor, we are concerned about the neighborhood

05:34:13 behind it, this is providing that transition.

05:34:18 Am I making any sense?

05:34:20 That's okay.

05:34:21 >>CATHERINE COYLE: Basic planning 101, yes.

05:34:26 You are correct.

05:34:26 >>LISA MONTELIONE: So by having the transitional area would

05:34:35 maybe assuage some of the issues that we discuss every time

05:34:39 we hear rezoning. Okay. Thank you.

05:34:43 >>CHARLIE MIRANDA: Ms. Mulhern, you want the floor back?

05:34:45 >>MARY MULHERN: If anyone else wishes to speak, I'll wait

05:34:50 until after we have the public comment.

05:34:53 >>CHARLIE MIRANDA: All right.

05:34:53 Mr. Suarez?

05:34:56 >>MIKE SUAREZ: Thank you.

05:34:57 Ms. Coyle -- and going back to a little of what Mrs.

05:35:03 Montelione was saying -- we are trying to -- and just

05:35:07 correct me if I am wrong -- I know you will, but correct me

05:35:09 if I am wrong -- this is to really get back to or get

05:35:15 towards a form-based type zoning, is that correct?

05:35:19 Something like that, where everyone knows what they are

05:35:22 required to have within a particular zoning district, they

05:35:25 conform to that based on certain criteria. Okay.

05:35:29 Now, this may not be called form based.

05:35:33 >>CATHERINE COYLE: It is.

05:35:34 >>MIKE SUAREZ: And to her point, which is the form base, in

05:35:43 theory, it's supposed to be easier for people to know

05:35:46 exactly what is zoned for their particular property at any

05:35:50 one time, based on a set of criteria on their size, on the

05:35:55 type of building, on everything, correct?

05:35:59 >> It's more prescriptive, yes.

05:36:02 >>MIKE SUAREZ: It's more prescriptive meaning you can't

05:36:05 just go to City Council and get a change because you want a

05:36:07 change.

05:36:08 It's already prescribed within the zoning atlas and not --

05:36:15 and waiver as we do in so many cases throughout the city, is

05:36:18 that correct?

05:36:20 >>CATHERINE COYLE: Yes, it sets up a different type of case

05:36:22 before council where they would be asking for a lot of

05:36:24 relief essentially.

05:36:26 >>MIKE SUAREZ: And we have seen many of those cases in the

05:36:28 past where we are doing waivers for all kinds of different

05:36:30 things.

05:36:31 I think that -- and I don't know if during your discussions

05:36:36 with the public if that has been -- I won't say that you

05:36:41 haven't explained it, but that, you know, there's a

05:36:44 different policy issue that comes up when it comes to form

05:36:47 base, which is people want control of being able to do

05:36:51 whatever they want with their property at any one time

05:36:54 regardless of what the zoning atlas says.

05:36:56 Okay.

05:36:57 I mean, that's the sense that I have gotten from people who

05:37:00 talked to me about form-based zoning.

05:37:03 Okay, which is I don't care what the zoning atlas says, I

05:37:07 want to the do this with it and I want to have the power to

05:37:10 do it, or, I'm a neighbor, I don't care what the zoning

05:37:14 atlas says, I don't want them to do it and I want to go to

05:37:18 City Council and tell them not to do it.

05:37:19 >> That's form based or otherwise.

05:37:21 >> Exactly.

05:37:26 But it is proscribed specifically for what you can do,

05:37:31 whereas it's the opposite when it comes to having to zone as

05:37:35 to what you can do.

05:37:37 And maybe I'm saying that incorrectly.

05:37:41 >>CATHERINE COYLE: What I want to distinguish and make clear

05:37:42 is that the zoning atlas in particular in any case whether

05:37:45 it just standard zoning classification CG, CI, whatever, or

05:37:49 if it's the unique district, be it Ybor City or Channel

05:37:52 District or Seminole Heights, the zoning atlas is simply

05:37:56 telling what you the zoning district is, the range of uses,

05:37:58 and in therapy it's referring to if there is a specific set

05:38:02 of codes that are for this district.

05:38:04 So in this particular case, the range of uses that are

05:38:08 allowed in CG and SH-CG are identical.

05:38:13 We did not take away anybody's rights or uses that they are

05:38:17 allowed to have.

05:38:18 >>MIKE SUAREZ: I know, but I think the argument being

05:38:21 made -- and by Mrs. Garcia's e-mail and probably in other

05:38:26 cases -- which is, I don't want my neighborhood to change

05:38:29 and become more intensive for a specific type of use, and

05:38:32 that I will have no recourse to ever stop that particular

05:38:35 use.

05:38:36 I think that is the basis of what a lot of people might say

05:38:40 about that.

05:38:41 If you follow what I am saying, which is if you allow it,

05:38:44 then I don't have a way of fighting it if it's under form

05:38:48 base as opposed to our current system.

05:38:51 And I don't know, in terms --

05:38:54 >>CATHERINE COYLE: I guess that's a little broadly stated

05:38:57 only because --

05:38:58 >>MIKE SUAREZ: Well, I am broadly stating it and playing

05:39:01 the devil's advocate in a manner, which is that is what

05:39:04 people told me believes happens when it comes to form based

05:39:08 versus our current way of doing zoning.

05:39:11 >> All a form base code does is provide basic form and

05:39:14 layout of the development and it tells you what you

05:39:17 essentially can do.

05:39:18 It's a positive statement as opposed to a prohibition which

05:39:21 a lot of the rest of our codes say you can't, you can't, you

05:39:24 can't, instead of saying do this, you can do this.

05:39:27 But that's not the use of the property.

05:39:29 The use is, the same old district, new district.

05:39:34 >>MIKE SUAREZ: Hang on a second.

05:39:37 Let me interrupt you for a second.

05:39:39 I'm not talking about the use.

05:39:40 I'm talking about what people believe the zoning atlas does.

05:39:44 And that's why this discussion is coming up.

05:39:46 Because I think that there is a distinct misunderstanding as

05:39:50 to what, A, what form based is, first of all.

05:39:55 B, once they understand what it is, they don't like the fact

05:39:58 that they don't have control over a process that they can

05:40:02 come to City Council.

05:40:05 That's really the real issue here.

05:40:07 Okay?

05:40:08 So when we see these type of public input, it really has

05:40:12 more to do with one of those two issues.

05:40:16 Either they don't understand what form based actually means,

05:40:19 it could be really good for them, they may think it's the

05:40:22 best thing. I happen to think that form base is supposed to

05:40:25 work in the right way, and it would, I think, alleviate a

05:40:29 lot of issues that we have when it comes to specific case by

05:40:33 case zoning issues that we have.

05:40:35 I believe that.

05:40:36 But I don't think that most people understand what the use

05:40:40 portion of the form base is, so that there's only certain

05:40:45 uses that you have of that particular property, as long as

05:40:47 it fits within that forum.

05:40:48 So, you know, again, I think there are some -- I think some

05:40:54 misunderstandings as to what we are trying to do here when

05:40:57 it's form based.

05:40:59 And that may be something -- and that may be something that

05:41:02 has to be done on a more protracted public and more

05:41:07 intensive public discussion about it.

05:41:09 So again, and I may be misstating or maybe stating it too

05:41:14 broadly, but I think that's kind of where the issue is at,

05:41:18 not necessarily just the use itself -- I mean not the zone

05:41:21 itself, if you follow what I'm saying.

05:41:26 >>CATHERINE COYLE: I do, sort of.

05:41:27 But the biggest --

05:41:29 >>MIKE SUAREZ: Again, it always -- listen, you know what?

05:41:34 You never -- you never realize that a train actually works

05:41:38 on a track until you see the train or hear the train.

05:41:42 You know it's a railroad track and you know it's there, but

05:41:44 you never think that you are ever going to see a railroad --

05:41:48 I mean a train coming down the track.

05:41:50 That's how the train gets there.

05:41:52 The train is here now.

05:41:53 So people go, wow, there's a train coming, what does this

05:41:57 actually mean?

05:41:59 Okay.

05:41:59 And that's part of, I think, what we are trying to decide

05:42:03 from here.

05:42:06 >>CATHERINE COYLE: And I think as a general spin-off from

05:42:08 the comments that you made, I think that's kind of going

05:42:10 back to what Ms. Montelione said, too, a decision with

05:42:14 council tonight, to go like to like, or if you do choose to

05:42:18 intensify some of these buffer areas, either way, you are

05:42:21 not diminishing anybody's property rights.

05:42:25 And I could change the map either way.

05:42:26 >>MIKE SUAREZ: In a, no, I understand that, but I think we

05:42:30 owe it to the public to explain exactly what it is that we

05:42:32 are talking about, and what it actually means, because, you

05:42:36 know, sometimes the dry language that we use when it comes

05:42:40 to zoning, okay.

05:42:43 >> It's pretty dry.

05:42:44 >>MIKE SUAREZ: It is pretty dry.

05:42:46 And it's something that has to follow exactly what all this

05:42:49 means.

05:42:51 >>CHARLIE MIRANDA: Mr. Cohen and Mr. Reddick want to speak

05:42:53 at this time?

05:42:53 All right, they want to hear from the public first.

05:42:56 >>MARY MULHERN: I'm sorry, I just have too many questions,

05:43:01 Cathy.

05:43:02 I need to ask you a few questions.

05:43:04 And I just want to tell council that I did -- when

05:43:09 Councilman Miranda and I were first started our first term

05:43:13 here, the day that we had our orientation, Councilwoman

05:43:21 Saul-Sena and I were upset because there was a meeting going

05:43:24 on about informational meeting about form-based codes, and

05:43:28 we didn't get to go.

05:43:30 So there has been a lot of discussion about form-based

05:43:34 codes, but it's happening at the neighborhood meetings that

05:43:43 have been held, which I went to at least a few of those and

05:43:48 went on walks around the neighborhood and Seminole Heights

05:43:52 when the process first got started, and I wasn't really

05:43:56 convinced with the concept in the first place, because I

05:44:02 think, Councilman Suarez, you brought up a lot of really

05:44:07 good points about this.

05:44:08 So my question today when we look at this -- let me first

05:44:13 start with an understanding of what this map is because I

05:44:15 ran out to get my reading glasses when you were explaining

05:44:18 what was what so I'm sorry for making you do it again.

05:44:21 >> The only -- the green things or the white boxes, what is

05:44:27 it that you are asking us to actually change the zoning

05:44:32 classifications so that it would actually affect, you know,

05:44:39 whether it's single-family or -- not single-family but

05:44:45 attached or just single-family, period?

05:44:51 >>CATHERINE COYLE: Well, go back to the beginning.

05:44:52 If you were to ignore the green on this particular map and

05:44:55 just see the yellow and the red, that was the proposed atlas

05:45:00 for the SH districts.

05:45:03 And then we have some comments in the public open houses

05:45:06 that we held at the end of November and since then we had a

05:45:11 double round of e-mail correspondence and phone calls, and I

05:45:14 have gone back and looked at those particular issues that

05:45:16 were related by the particular group of property owners that

05:45:20 raised them.

05:45:21 I looked at the vision plan, the land use map, and the

05:45:26 various vision maps --

05:45:28 >> And that's how you came up with these green areas?

05:45:30 >> Well these green areas are the properties that were in

05:45:33 question by those property owners.

05:45:35 >>MARY MULHERN: Okay.

05:45:37 >>CATHERINE COYLE: So those green areas are what I was

05:45:39 showing as amendments to the map --

05:45:42 >>MARY MULHERN: So what you did was, the individual

05:45:47 property owners -- don't start with another map yet.

05:45:50 We are not ready yet.

05:45:52 So those green areas are where individual property owners

05:45:57 weren't in agreement and asked you to change it?

05:46:05 They wanted a change?

05:46:07 >> They wanted us to look at options.

05:46:09 And they wanted an understanding of what the different

05:46:11 districts could do, and they wanted to -- if they could,

05:46:15 retain a single-family character.

05:46:16 >>MARY MULHERN: But that's just the people who happened to

05:46:22 tell you that, come to you, happened to be, you know, were

05:46:25 in the loop on all of this, were part of this.

05:46:27 So I think this is important for us to remember.

05:46:31 >>CATHERINE COYLE: Well, remember we put every single

05:46:33 property on notice.

05:46:36 Each individual person was noticed that they were being

05:46:38 rezoned.

05:46:39 We did get lots of phone calls to customer service inquiries

05:46:43 and e-mails, and the vast majority of them were good.

05:46:47 It's the last round of maybe four or five that had concerns

05:46:53 that we are trying to address.

05:46:54 >>MARY MULHERN: So that's what authorizes.

05:46:59 But we got something at 3:00 today.

05:47:02 I know she maybe didn't understand it.

05:47:05 I think she did understand it.

05:47:06 I think she did understand it and she's not happy with it.

05:47:09 And I'm worried that there's a lot of people that don't

05:47:13 realize what this rezoning means.

05:47:15 And it's not because they are misinformed.

05:47:22 It just that you don't know about it unless you have got the

05:47:24 time to go to these meetings, and you have been doing that

05:47:26 for the last three years, and you watch -- even if you watch

05:47:31 the council meetings, and I'm -- here is the other question.

05:47:36 You know, we have this one e-mail here.

05:47:38 And you are referring to all these other questions you have

05:47:41 got.

05:47:41 So I feel like we don't have the -- I mean, we should be

05:47:47 able to see what the feedback that you were getting about

05:47:52 this rezoning.

05:47:53 I mean, we are being asked to change the zoning.

05:47:56 And we should know what people have to say.

05:48:00 At least whatever your last round of discussions about what

05:48:07 they wanted.

05:48:07 So I would like to see those.

05:48:10 I'm glad that everyone has had a notice about this,

05:48:15 hopefully.

05:48:19 >> Required for rezoning.

05:48:25 >>MARY MULHERN: So they got a letter?

05:48:26 >> they got a letter about the two hearings as well as the

05:48:29 map attached to it that shows the area.

05:48:31 >>MARY MULHERN: So when did they get that?

05:48:35 >>CATHERINE COYLE: We mailed them about 40 days ago.

05:48:36 >>MARY MULHERN: Okay.

05:48:37 >> The requirement is 30 days.

05:48:41 Then we posted signs in the area about rezoning.

05:48:46 >>MARY MULHERN: So my concern is that -- I feel like every,

05:48:49 you know, I don't know, I'm just not comfortable with

05:48:53 changing -- changing from what the existing zoning is.

05:48:57 And I just want to say this to Councilman Suarez and

05:49:03 Councilman Montelione.

05:49:04 This is a historic existing neighborhood that was laid out

05:49:09 with a very nice plan, whenever, 100 years ago, starting

05:49:14 whenever, and the concept of form-based codes, I feel like

05:49:23 sometimes you need to respect the design both in the form

05:49:31 and the use, because, you know, it's one thing to think of

05:49:36 transitioning, but that wasn't how these were designed in

05:49:39 the first place.

05:49:40 They were designed -- a lot of these neighborhoods in Tampa

05:49:45 have single-family homes on big lots, and then there's the

05:49:48 nice brick apartment building with eight units or four units

05:49:51 next door or something.

05:49:52 So that's a typical urban design.

05:49:56 >>CATHERINE COYLE: What I want to make clear is

05:49:57 transitioning uses is not a form-based code concept.

05:50:01 That is a standard zoning land use planning concept.

05:50:05 >>MARY MULHERN: Right.

05:50:10 And --

05:50:12 >>CATHERINE COYLE: If council is not comfortable upgrading

05:50:14 or intensifying some of these categories, would you simply

05:50:16 change like to like.

05:50:19 RS-50 to SH-RS.

05:50:21 CI, SH-CI.

05:50:23 >>MARY MULHERN: Okay.

05:50:25 I think that what you are talking about, though, I think you

05:50:28 are talking about a different concept.

05:50:31 Yes, transitioning, it makes sense.

05:50:34 But when you talk about the kind of transitioning that you

05:50:37 are talking about, I don't know of a historic neighborhood

05:50:44 that is really laid out that way.

05:50:46 If it's a primarily single-family home and it's got small

05:50:50 apartment buildings, yeah, you will have maybe have

05:50:53 high-rises on the street.

05:50:55 But in this area of low, you know, low-rise single-family

05:51:00 homes, it's, you know --

05:51:05 >>CATHERINE COYLE: There are no high-rises --

05:51:08 >>MARY MULHERN: Right, but this is what I'm saying.

05:51:10 You are creating a transition that wasn't there in the first

05:51:13 place.

05:51:14 I think that's what I'm trying to say.

05:51:18 >>CATHERINE COYLE: Okay.

05:51:18 >>MARY MULHERN: It went from commercial to single-family.

05:51:21 And maybe there were a few scattered apartment buildings in

05:51:24 there.

05:51:24 But there wasn't some transition of multifamily or duplexes

05:51:29 or something.

05:51:31 Which is pretty typically urban, what we have in the city

05:51:36 now.

05:51:36 We have, you know, commercial corridors, and residential

05:51:41 right behind it.

05:51:41 >>CATHERINE COYLE: And he again we can take the SH-RM to

05:51:51 RS.

05:51:51 >>LISA MONTELIONE: Cathy, leave that map up.

05:51:57 Leave it there.

05:52:02 One of the things that I want to address about understood

05:52:05 the comments that Councilwoman Mulhern has made about the

05:52:09 historic development of some of our neighborhoods, when this

05:52:15 area was platted, or when Tampa Heights was platted, what

05:52:19 year was it?

05:52:20 The year Seminole Heights, what year it was platted?

05:52:24 >> Well, you can see by the names on the map they are all

05:52:27 individual maps.

05:52:28 This is not a planned area.

05:52:30 >>LISA MONTELIONE: About what year was it when this

05:52:32 neighborhood came to be?

05:52:37 >> The ranges, I'm trying to think back.

05:52:42 We found '86 and there was a large boom in the 20s and

05:52:49 30s.

05:52:49 And then in the northern, especially in the northeast, it

05:52:52 was 50s and 60s.

05:52:54 That's why you see more contemporary modern ranch homes.

05:52:57 >>LISA MONTELIONE: So that, if we want to respect the

05:53:00 history of how it developed, and way back then when land use

05:53:07 didn't exist, because it was a 1986?

05:53:12 '85, 86?

05:53:15 I remember it was like 1986 when the statute was passed

05:53:20 through the state for comprehensive planning and land use

05:53:25 zoning in the entire county, the whole state, everything was

05:53:31 area-wide rezoned, there wasn't really any somatic zoning

05:53:37 before then, and we went through doing all of that back

05:53:42 then, back in the mid 80s.

05:53:45 So it was develop what you want, where you want, basically

05:53:50 all over the state.

05:53:51 And this area was in a different.

05:53:53 Going all the way back to the 1800s.

05:53:55 If you wanted to build a house on Nebraska Avenue, or if you

05:53:58 want to build a factory on Nebraska Avenue, you went and did

05:54:03 it.

05:54:03 So, you know, in some cases, sticking with the original

05:54:10 development pattern of how this T area was laid out doesn't

05:54:14 make sense in the modern day.

05:54:15 I mean, back in those days, there were dirt roads with

05:54:22 carriages.

05:54:22 Restaurants like the bungalow, it appears to me the bungalow

05:54:26 and a few of the other restaurants that have developed in

05:54:29 the area were originally homes.

05:54:33 And those homes, along that stretch of road, just don't make

05:54:38 any sense anymore.

05:54:39 So the way that this has developed, this area has developed,

05:54:44 and I don't know if you have this other map with you, the

05:54:47 one that says Seminole Heights area rezoning --

05:54:52 >>CATHERINE COYLE: That was a notice map.

05:54:53 >>LISA MONTELIONE: If you look at the notice map you can

05:54:57 see clearly where the high intense corridors are, and that

05:55:02 there's already five developments, transitional areas

05:55:07 occurring.

05:55:09 So whether it happens organically, because that's what the

05:55:13 market demands, and that's the way, you know, with the

05:55:18 widening of our roads or, you know, the more traffic those

05:55:21 roads experience, it's going to happen.

05:55:25 It's just, do we make it a typical process for somebody as

05:55:33 Mr. Suarez is talking about understands what the parameters

05:55:36 are?

05:55:37 Or do we make them come to council every single time when

05:55:40 they want to develop something that is already organically

05:55:45 happening, because of the intensification of the area in

05:55:52 these corridors?

05:55:53 These corridors.

05:55:56 So that's where I'm coming from, is that -- and really what

05:56:05 I would have loved to have seen which isn't provided here

05:56:08 among the materials that I might ask you, or I will ask you

05:56:11 to bring it between first and second reading, I would like

05:56:14 to see the current -- the existing use map.

05:56:19 >>CATHERINE COYLE: Okay.

05:56:19 >>LISA MONTELIONE: Because I'm sure you have the existing

05:56:22 use man.

05:56:22 Because I would really like to see if that transitional area

05:56:25 that we are talking about, where single-family houses are.

05:56:31 I know it's predominantly a single-family area and probably

05:56:35 in the interior when you look at the map --

05:56:41 >> Well, I can tell you just so you know, the variety

05:56:45 majority of this piece is single-family.

05:56:46 All of this is single-family.

05:56:49 I had time to research those.

05:56:51 This particular one came in, you know, late this afternoon,

05:56:56 so we don't know --

05:56:59 >>LISA MONTELIONE: At the corner of palm -- I'm sorry, not

05:57:01 palm.

05:57:02 North bay, or 10th and north bay.

05:57:07 >>CATHERINE COYLE: No, but I can certainly look that up.

05:57:09 >>LISA MONTELIONE: That's what I would like to see.

05:57:14 >>CHARLIE MIRANDA: Ms. Capin?

05:57:16 >>YVONNE CAPIN: Yes.

05:57:17 Ms. Coyle, I asked to point out with MNF is.

05:57:23 And I don't know if you know or not.

05:57:25 But I would like to know where it's at on here.

05:57:29 Is it on 13th or 12th?

05:57:34 >> I think you are right.

05:57:35 I think you originally said 12th.

05:57:37 >> And then 13th just like you said.

05:57:43 >>CATHERINE COYLE: If it's the 13th it's in here.

05:57:45 I don't know the address.

05:57:47 I can look it up.

05:57:50 >>YVONNE CAPIN: So you believe it's there.

05:57:51 You are not sure?

05:57:53 >> I don't want to say.

05:57:56 I can look at the address -- I can't tell you the address

05:58:00 but I can tell you which block it's on.

05:59:00 >>YVONNE CAPIN: I think it a little shopping center there,

05:59:03 between 12th and 13th, a minute store or something if I

05:59:07 recall if it's still there.

05:59:09 And then this is WMNF.

05:59:12 Okay.

05:59:12 I see it now.

05:59:13 Yeah.

05:59:15 This is all single-family.

05:59:17 And you will find as you get closer -- I don't know now, 12,

05:59:23 13 to 15, it's a lot better taken care of.

05:59:33 The others might be rentals as you get closer to 10.

05:59:38 I remember that, but there are single with a few scattered

05:59:41 in that might be a duplex or two. But when you come back

05:59:45 between first and second --

05:59:48 >>CATHERINE COYLE: That's something I can bring at second

05:59:49 reading with regard to the existing pattern.

05:59:52 >>CHARLIE MIRANDA: Let me go to the public.

05:59:54 And if I may, anyone in the public care to speak on this

05:59:57 item, item number 2?

06:00:00 I believe individuals -- please come forward and come to the

06:00:03 mike, state your name and your address.

06:00:05 >> Anthony DePaulo, the current property owner at 1203 east

06:00:19 Hillsborough Avenue and the house behind it is 1202.

06:00:26 It's kind of new to me.

06:00:30 I own the pawn shop at 1203 and I would just like more

06:00:36 details.

06:00:37 I'm actually -- I only had about five minutes before to kind

06:00:43 of learn about what's going on.

06:00:44 So I would just like more details about the plan.

06:00:48 I got a letter here that says CI.

06:00:57 She mentioned commercial intensive.

06:01:00 So I would like to know the plans on what they want to do

06:01:03 with both my properties.

06:01:09 Multifamily, I would like to know how that would positively

06:01:12 influence the area.

06:01:17 She didn't mention they were building multifamily so that

06:01:20 would mean it would bring more people into the area.

06:01:23 Obviously, I own a business right there, and it's a pawn

06:01:28 shop, but I would not like a big change like that in the

06:01:32 Seminole Heights area, especially at the expense of the

06:01:35 community and the people that have been there for a long

06:01:37 time.

06:01:38 So that's really all I have to say today.

06:01:42 I would like more details.

06:01:43 >>CHARLIE MIRANDA: If I can remember, I don't know if you

06:01:45 were here or not but that pawn shop is on the south of

06:01:47 Hillsborough Avenue?

06:01:48 >> 12th Street and Hillsborough.

06:01:56 >>CHARLIE MIRANDA: Do you want to answer that?

06:01:57 >> I spoke to him beforehand, too, and if you notice, this

06:02:08 is the location.

06:02:13 This is the location here.

06:02:15 And I guess directly behind it, you said?

06:02:18 And that was the one that was debating whether it was going

06:02:21 to be Ringling Museum was originally proposed, if it was

06:02:24 going to change RSA or if council would retain that

06:02:29 single-family district, which you would retain the CI on the

06:02:35 front and RS in the back.

06:02:47 >>CHARLIE MIRANDA: Speak to the council because all I am

06:02:49 trying to do is get your information.

06:02:51 >> Thank you very much.

06:02:54 >>CHARLIE MIRANDA: Next please.

06:02:55 >> Alan deVries, Tampa.

06:03:03 Part of my concern is that the area that I live in in

06:03:08 southeast Seminole Heights, my house, the house to the north

06:03:13 of me, the house houses to the south of me are being changed

06:03:19 from residential zoning to commercial.

06:03:22 So there are single-family houses that are being changed

06:03:28 from single-family to zoning to commercial with these

06:03:33 changes.

06:03:34 I am also concerned that as a neighborhood that has been

06:03:40 seeing a lot of reinvestment and has been steadily

06:03:45 improving, to take an area on the north side of Caracas and

06:03:50 to change it from single-family zones to multifamily zoned

06:03:54 in the middle of an area that has already seen recovery,

06:03:58 seems short sighted and would actually present an

06:04:00 opportunity for negative impacts to the neighborhood.

06:04:05 >>CHARLIE MIRANDA: Ms. Mulhern?

06:04:06 >>MARY MULHERN: I'm sorry.

06:04:07 Sir, I didn't hear.

06:04:09 What street are you on?

06:04:11 >> My address is 5008 north ninth street.

06:04:14 I'm by the corner of Ellicott and ninth.

06:04:18 >> 9th and Ellicott.

06:04:20 Thank you.

06:04:21 >>CHARLIE MIRANDA: Next, please.

06:04:21 >> My name is David Clark.

06:04:28 I live at 1001 east Caracas.

06:04:31 I second what the gentleman just said.

06:04:33 I don't know why someone would seek to degrade Caracas

06:04:38 street, which is a very nice street, and why would someone

06:04:43 degrade half the street, one side but not the other side?

06:04:47 It makes no sense.

06:04:51 And I think as I walked in, I heard organically happening:

06:04:56 It's going to happen anyway.

06:04:58 I guess the neighborhood has gone downhill no matter what we

06:05:02 do.

06:05:02 But basically, we are being told that if you want to live in

06:05:08 a nice residential area, you better pack up your bags and

06:05:12 move somewhere else.

06:05:13 Is that correct?

06:05:15 >>CHARLIE MIRANDA: No.

06:05:17 >> No?

06:05:19 It's not correct?

06:05:21 >>CHARLIE MIRANDA: If you are going to speak, speak to awful

06:05:22 us.

06:05:23 I am not going to get into a debate between one council

06:05:25 member and a good neighbor here.

06:05:27 Speak to all of us.

06:05:28 >> All right.

06:05:35 I think I'll just reiterate what I just said, that if one

06:05:40 wants to change a street where you have multifamily on one

06:05:47 side of the street and non-multifamily, just single-family

06:05:52 residential on the other side of the street, I don't see

06:05:55 that that makes any sense.

06:05:58 It seems incoherent, and I don't know what the reason for

06:06:01 that could be.

06:06:02 I would be interested in knowing, if you are going to do it

06:06:05 one side of the street why you wouldn't do both sides of the

06:06:07 street.

06:06:11 The effect is detrimental in doing it and it would be much

06:06:14 more detrimental if you did both sides of the street, where

06:06:17 it would be extremely evident.

06:06:24 That's about what I have.

06:06:26 I may have further comment as I hear exactly what has been

06:06:30 said.

06:06:30 I would also add that there are a number of nonconforming

06:06:36 properties in the neighborhood that should be addressed.

06:06:41 In other words, you have people running out -- renting out

06:06:45 properties that should not be rented out.

06:06:47 And is this a cover to -- so that we will not enforce the

06:06:53 current laws, so we are going to change the law to make

06:06:58 those then conforming?

06:07:02 >>CHARLIE MIRANDA: Thank you very much, Mr. Clark.

06:07:06 >>CATHERINE COYLE: If I could really quickly why the issue

06:07:10 was raised and maybe they weren't here when we first talked

06:07:13 about it but that piece on Caracas was corrected on the map

06:07:17 to single-family.

06:07:18 That's SH-RS.

06:07:20 So I just want to say that I wanted to comment.

06:07:25 >>CHARLIE MIRANDA: Thank you very much.

06:07:25 Ma'am, next.

06:07:26 >> Good evening, your Honor.

06:07:28 My name is Azeele Aleivas. I'm at 814 East Ivis Street.

06:07:35 Currently I am nonconforming.

06:07:36 I own a four-plex and I see changing from RS-60 to SH-RM for

06:07:44 my property will really be beneficial for me.

06:07:47 But I am just also wondering because my neighbors are all

06:07:51 single residential, and they don't have the same amount of

06:07:55 land that I have.

06:07:57 And so if that's so, we are going to be all SH-RM.

06:08:02 It's going to be too congested, if we are all going to be

06:08:07 form-based in that area.

06:08:08 So that's my concern.

06:08:11 Especially the requirements for parking, because they don't

06:08:14 have the same amount of land that I have.

06:08:18 Also, I just acquired the property a couple of years ago,

06:08:22 and I do believe that we were not notified about the

06:08:29 form-based zoning where we apply the property.

06:08:33 I just recently learned about this through the mail that was

06:08:41 handed to us in October.

06:08:42 And so that's my concern.

06:08:44 If I knew a little bit ahead of time when I acquired the

06:08:48 property that there was a form-based zoning begun going on,

06:08:51 I would have attended all the informational meetings, and I

06:08:55 would have been a little bit more informed.

06:09:00 >>CHARLIE MIRANDA: Thank you very much.

06:09:03 Anyone else in the audience care to speak on this item?

06:09:13 I got one from the baby.

06:09:17 >> Tim Fletcher.

06:09:19 1219 east Giddens. I want to echo what everyone else has

06:09:23 already said, to keep it single-family, not the multifamily.

06:09:28 I have letters, too, from four of my neighbors on Giddens.

06:09:35 And also three properties on brierson.

06:09:39 And the street directly behind it.

06:09:41 Three other neighbors.

06:09:43 I don't know if you want --

06:09:48 >>CHARLIE MIRANDA: Turn them in here and they will be part

06:09:50 of the record.

06:09:51 Mr. Fletcher.

06:09:52 >> I also don't like the form-based.

06:09:56 I think it's a pretty bad idea.

06:10:00 If somebody wants to increase your zoning, they should come

06:10:03 up with the exceptions, you know.

06:10:06 That's basically it.

06:10:12 >>CHARLIE MIRANDA: Thank you very much for attending.

06:10:13 Ms. Coyle.

06:10:21 >>CATHERINE COYLE: I was just checking with him.

06:10:23 >>CHARLIE MIRANDA: I assume you heard what Mr. Fletcher

06:10:25 spoke about?

06:10:27 >>CATHERINE COYLE: Yes, that gentlemen is one of the ones I

06:10:29 spoke to beforehand, and he was speaking about this

06:10:34 particular area, which I already highlighted as RS-A, and

06:10:39 through the previous conversation with potentially taking

06:10:43 that to RS.

06:10:48 >>CHARLIE MIRANDA: A attached and RS detached?

06:10:52 >>CATHERINE COYLE: Right. And then the lady that spoke that

06:10:54 owns the four-plex I guess down Ida, that was in that RM

06:10:59 area, which we had already spoken about.

06:11:01 So --

06:11:06 >>CHARLIE MIRANDA: Let me try to explain all of this in a

06:11:08 couple of sentences.

06:11:08 This is a first reading.

06:11:10 The process for second reading, the changes that Ms. Coyle

06:11:15 just spoke about the ones north, on that top part there

06:11:18 abutting Hillsborough Avenue.

06:11:20 That part section abutting MLK, and two other pieces of

06:11:25 property, one that goes parallel, and I forget the streets.

06:11:30 Ms. Coyle, would you kind of give me --

06:11:37 >>CATHERINE COYLE: Caracas?

06:11:38 That was on Giddens.

06:11:39 Come in to focus.

06:11:41 Giddens, Caracas.

06:11:43 This particular piece on Osbourne.

06:11:45 And then this entire segment of SH-RM here.

06:11:49 The other piece was along 9th which is this section

06:11:54 right here, which does show SH-CG, which this is the zoning

06:12:02 line currently here, and then it took it straight down

06:12:06 around the block.

06:12:09 I guess his house is right here.

06:12:11 So we would be taking that line back, eventually.

06:12:17 >>CHARLIE MIRANDA: Looking over to what you just said, if

06:12:19 all of this is taken out, I think that means what the

06:12:22 citizens just asked for, am I correct?

06:12:25 >> Yes.

06:12:26 It gets back to the crux of the discussion we had earlier,

06:12:28 is really it's the direction would be from first and second

06:12:32 reading is to go back to the map and retool it so it's like

06:12:35 to like.

06:12:36 >>CHARLIE MIRANDA: Let me ask the clerk, because second

06:12:38 reading is very important: I want to make sure the same

06:12:41 people who have the presence here today will have the

06:12:43 presence on second reading.

06:12:44 When is the second read field goal this were to pass today,

06:12:47 sir?

06:12:48 >>THE CLERK: The second reading would be January 10th

06:12:50 at 9:30 a.m.

06:12:51 >>CHARLIE MIRANDA: Let me ask the public.

06:12:53 Did you hear what he said?

06:12:54 January 10th at 10 a.m.

06:12:58 >> 9:30.

06:13:04 >>CHARLIE MIRANDA: 9:30 a.m.

06:13:05 That way, I want to make sure that even though if it passes

06:13:09 on first reading, the second reading is the most important

06:13:11 one, because that is the concrete of the finished product

06:13:17 and we want to make sure these items that we just spoke

06:13:20 about this evening are incorporated in those changes at

06:13:24 second reading.

06:13:25 >> If I could also make an offer to the public before

06:13:28 everyone leaves, I will put out a sheet so everyone can give

06:13:32 their e-mail addresses and I can e-mail a copy out -- I can

06:13:36 get the map changed within a day or two, e-mail it out so

06:13:39 everyone can review it based on their addresses.

06:13:41 If they give me their e-mail address and location address

06:13:45 and I can send it out to everybody next week.

06:13:48 >>CHARLIE MIRANDA: I think you are going to have both.

06:13:50 Ms. Mulhern?

06:13:52 >>MARY MULHERN: Ms. Coyle, I want to make sure I know

06:13:56 exactly what we are talking about here, what you are

06:13:58 suggesting.

06:14:05 I'm not just concerned about the people that were here

06:14:07 today.

06:14:07 I am concerned about everybody.

06:14:09 I want to make sure that in this entire yellow recollection

06:14:12 tangle that there won't be any intensification.

06:14:15 >>CATHERINE COYLE: That's correct.

06:14:19 >>MARY MULHERN: You are going to go back and remove all of

06:14:21 that, whether we heard about it tonight or not?

06:14:25 >> Yes.

06:14:25 I am going to go back and retool it so the red lines stay

06:14:28 red and we simply put SH in front of the district and make

06:14:31 it like to like.

06:14:32 >>MARY MULHERN: So there will be no intensification of

06:14:36 zoning?

06:14:39 >>CATHERINE COYLE: That's correct.

06:14:40 >>CHARLIE MIRANDA: Ms. Capin?

06:14:42 >>YVONNE CAPIN: Thank you.

06:14:46 Thank you.

06:14:46 It is important what is happening here tonight, because, you

06:14:51 know, I lived here and some of us here in the 60s.

06:14:56 It does not make sense to keep the old neighborhoods like

06:14:59 Ybor and the scrub, and today we are fixing their mistakes.

06:15:05 It is very, very important what is being done here.

06:15:11 And we definitely, as I said, I lived through that, and it

06:15:19 ruined -- it ruined the neighborhoods.

06:15:22 And now we are trying to fix them.

06:15:24 >>CHARLIE MIRANDA: Mrs. Montelione, for the record, I wasn't

06:15:27 here in the 60s.

06:15:29 [ Laughter ]

06:15:29 >>LISA MONTELIONE: A couple of things that I want to point

06:15:36 out that were mentioned during the public comment.

06:15:38 One gentleman mentioned renting properties that shouldn't be

06:15:42 rented.

06:15:44 Ms. Cole, legal opinion, please?

06:15:50 Cole, Coyle, Mandell.

06:15:52 Sorry.

06:15:54 Ms. Mandell, can you explain -- I don't understand renting

06:16:01 properties that shouldn't be rented.

06:16:03 >>JULIA MANDELL: Legal department.

06:16:07 If what they are talking about is renting out a property

06:16:10 that is zoned single-family in two separate units as a

06:16:15 duplex, and that would be a zoning violation.

06:16:17 If you have a house and you want to rent out in a

06:16:20 single-family zoning classification, then the only

06:16:23 obligation on the part of the city requirements would be get

06:16:29 a rental certificate.

06:16:31 >> So if you own a piece of rental property you can rent out

06:16:34 your property -- if it's a single-family property you can

06:16:37 rent it as a single-family property.

06:16:39 If it's a multifamily property you can rent it out as a

06:16:43 multifamily property.

06:16:43 There isn't an area within the city where you cannot rent

06:16:46 property.

06:16:47 He cannot tell a property owner how they can divest

06:16:51 themselves of property rights including the rights to be

06:16:53 able to rent it.

06:16:54 >>LISA MONTELIONE: I just want to point that out.

06:16:57 Anywhere in the city if you want to rent out your property

06:17:01 you are allowed to rent out your property.

06:17:02 >>JULIA MANDELL: That's correct.

06:17:06 >>LISA MONTELIONE: And the other comment was about from the

06:17:09 young lady who mentioned that she had the four-plex, and

06:17:12 that she was worried about other people building -- Ms.

06:17:18 Mandell? -- she was worried about other people building

06:17:23 four-plexes on their properties, and that their properties

06:17:27 weren't large enough.

06:17:29 So if I wanted to build a building on a piece of property,

06:17:34 if it's not large enough, can I build a four-plex there?

06:17:39 >>JULIA MANDELL: Well, depending on what the underlining

06:17:42 zoning classification is, what the requirements are, if you

06:17:46 have property that won't accommodate --

06:17:50 >>LISA MONTELIONE: If it was zoned properly but I had a

06:17:52 small piece --

06:17:54 >>JULIA MANDELL: If you have to put those -- it's kind of a

06:17:57 hard question to answer because you are talking about a

06:17:59 variety of questions.

06:17:59 One is what can you do under the zoning code, what you can

06:18:02 do under the building code in terms of number of dwelling

06:18:05 units.

06:18:05 >>LISA MONTELIONE: I think you are making my point.

06:18:08 There are a lot of things that -- there are a lot of

06:18:11 conditions that need to be met in order to build on a piece

06:18:13 of property.

06:18:14 So if your property is too small for a particular style of

06:18:20 building, you won't be able to build that building there no

06:18:23 matter what the zoning says?

06:18:26 >>JULIA MANDELL: That's correct it.

06:18:28 >>LISA MONTELIONE: You have to be able --

06:18:32 >>JULIA MANDELL: If it were a situation where someone can

06:18:34 come to City Council and say, well, I would like a waiver of

06:18:38 this provision, not -- those kinds of things Manatee.

06:18:43 >>LISA MONTELIONE: But they have to come before --

06:18:45 >>JULIA MANDELL: Some kind of zoning or variance.

06:18:48 (speaking over one another).

06:18:50 >>LISA MONTELIONE: And because we are waiving conditions.

06:18:53 >>JULIA MANDELL: That's correct.

06:18:56 >>LISA MONTELIONE: And the simple reason I was wanting to

06:18:59 walk you through that is because when we go through these

06:19:01 processes, it's very confusing as to what it is we are

06:19:06 actually doing.

06:19:08 And property rights and land use and zoning is very complex,

06:19:15 and sometimes it's the understanding of what someone can and

06:19:21 cannot do under their own property rights.

06:19:24 That's the question.

06:19:25 And that's not what we are talking about here.

06:19:28 We are not talking about basic property rights.

06:19:30 We aren't talking about rentals, if you can or cannot.

06:19:34 We are not talking about if you can or cannot build a

06:19:37 particular size of building on a piece of property.

06:19:40 >>JULIA MANDELL: That's correct.

06:19:42 >>LISA MONTELIONE: Just talking about the zoning.

06:19:43 So any of the fears that people have that, oh, this is going

06:19:46 to be built now because we changed the zoning, that's not

06:19:49 the case.

06:19:50 >>JULIA MANDELL: Especially given what Ms. Coyle just told

06:19:55 you that what we are really doing is taking existing zoning

06:19:58 classifications.

06:19:59 There is no longer going to be intensification.

06:20:01 You are just going to simply move them into the SH style --

06:20:08 >>LISA MONTELIONE: So the only thing that's going to happen

06:20:10 is we are going to put SH in front of the existing zoning

06:20:13 classification.

06:20:13 It's going to be titled a little bit different.

06:20:16 But nothing other than it's going to be designated SH, which

06:20:20 stands for Seminole Heights, is going to happen.

06:20:24 >>JULIA MANDELL: And the overlay district with the form

06:20:28 base --

06:20:30 >>LISA MONTELIONE: And at that point I would say, why

06:20:32 bother?

06:20:33 We are just going like to like, adding SH.

06:20:36 Why did we just spend three years with all these public

06:20:39 meetings and all these open hearings to talk about --

06:20:43 >>JULIA MANDELL: I think you need to keep in mind, there's

06:20:45 been an overlay area that's been created for this area as

06:20:48 well.

06:20:49 The zoning classification, what we simply decided to do as

06:20:53 opposed to requiring folks when they want to go through the

06:20:56 process to go ahead and either rezoning or otherwise comply,

06:21:00 we just decided that we should do this all at once.

06:21:02 And there were some areas that we were going to talk about

06:21:05 in the different parts, that we might ask for some

06:21:07 additional intensification to be in line with given form

06:21:12 based code.

06:21:13 N in this sector it doesn't appear we are going to.

06:21:17 There are several different sectors where that may be part

06:21:20 of the process.

06:21:21 >>LISA MONTELIONE: So in my eyes we just waited three years

06:21:24 and --

06:21:26 >>JULIA MANDELL: No, no, because the design standards and

06:21:29 other things for the overlay; it wasn't just for the zoning

06:21:31 classification.

06:21:32 It created the opportunity for the change to the

06:21:34 comprehensive plan, and for the type of overriding overlay

06:21:41 criteria.

06:21:42 Because this is the last step.

06:21:44 This wasn't the first step.

06:21:45 You created an entire overlay.

06:21:47 You have already adopted that overlay.

06:21:49 >>LISA MONTELIONE: Made me feel a little better.

06:21:52 >>JULIA MANDELL: Yeah, so this is just --

06:21:55 >>CHARLIE MIRANDA: I got it.

06:21:57 We just redirect the dictionary.

06:21:58 >> Motion.

06:22:04 >>CHARLIE MIRANDA: Motion by Mr. Reddick to close.

06:22:06 Seconded by Mr. Cohen.

06:22:07 Anyone else who has not spoken?

06:22:08 I want to make sure.

06:22:09 You were not sworn in.

06:22:12 Well, come forward.

06:22:17 >> Regina Clark, Caracas street.

06:22:29 My question is to the attorney.

06:22:33 Single-family house honest Caracas street, and the owner

06:22:36 lived in the residence, and is renting garages out to people

06:22:40 unrelated.

06:22:42 Is that legal?

06:22:43 >>JULIA MANDELL: As I indicated, if you are single-family

06:22:50 zoning classification, you are required to comply with that

06:22:56 zoning requirement, which is one dwelling unit.

06:22:59 These properties, I don't know for sure if there's an

06:23:01 opportunity for other types of things so I don't want to

06:23:04 speak to this property, but if you rent out the property,

06:23:08 that doesn't mean you can rent it out for as two dwelling

06:23:13 units.

06:23:14 So that doesn't appear to be correct -- it doesn't appear to

06:23:18 be appropriate what she's described.

06:23:20 Thank you.

06:23:21 >>CHARLIE MIRANDA: All right, thank you very much.

06:23:22 I appreciate the question very much.

06:23:24 I have a motion by Mr. Reddick, second by Mr. Cohen for

06:23:27 closure.

06:23:28 All in favor of the motion?

06:23:30 Opposed?

06:23:36 >>LISA MONTELIONE: Nay.

06:23:38 >>CHARLIE MIRANDA: Close T close the hearing, one nay.

06:23:40 >>LISA MONTELIONE: Oh. Okay.

06:23:49 >>CHARLIE MIRANDA: That makes it unanimous.

06:23:51 Would you care to read the first reading?

06:23:54 >>YVONNE CAPIN: All right.

06:23:59 I just want to make sure.

06:24:05 >>CHARLIE MIRANDA: The second page.

06:24:08 The next page.

06:24:11 >>YVONNE CAPIN: An ordinance being presented for first

06:24:13 reading consideration, an ordinance rezoning property in the

06:24:15 general vicinity of south Hillsborough Avenue, east of

06:24:19 interstate 275, north of Dr. Martin Luther King Jr.

06:24:22 Boulevard, and west of 15th street in the city of Tampa,

06:24:25 Florida and more particularly described in section 1 from

06:24:28 zoning district classifications for residential

06:24:32 single-family RS-50 and RS-60, residential multifamily,

06:24:38 RM-12, RM-16, RM-24, residential office, RO and RO-1,

06:24:46 neighborhood commercial CN, commercial general CG, and

06:24:49 commercial intensive, to Seminole Heights-specific zoning

06:24:52 classifications, SH-RS, SH-RS-A -- there are no more As

06:25:01 and no more Ms in that area.

06:25:04 Then what are we talking about?

06:25:07 >> You can strike the SH-RSA.

06:25:09 >> Are we going to strike it or change it between first and

06:25:12 second reading?

06:25:14 >> I believe your motion is correct but at the end you say

06:25:16 with the council's requested changes and approval.

06:25:20 >>YVONNE CAPIN: So I'll read it as it is.

06:25:23 >>CHARLIE MIRANDA: And we'll make the change.

06:25:24 >> SH-RS, SH-RS-A, SH-RM, SH-RO, SH-CN, SH-CG and SH-CI

06:25:37 providing for notice, providing an effective date, and

06:25:39 council's suggestion --

06:25:41 >>CHARLIE MIRANDA: I'm sorry, and with the changes that were

06:25:43 made by the neighborhoods and the council's consent to those

06:25:46 changes along with Mrs. Coyle.

06:25:50 She read that as presented as first reading.

06:25:52 As I understood, the changes were coming between first

06:25:55 reading and second reading so that she should address what's

06:25:58 here and make the changes accordingly so when you do the

06:26:01 second reading the changes are accordingly.

06:26:04 >>JULIA MANDELL: We need to change the title of the

06:26:08 ordinance so why don't we do that, allow me to take the

06:26:11 ordinance, fix the title, I can hand do that, get it back to

06:26:15 you for first reading.

06:26:16 I understand you have the public hearing.

06:26:20 >>CHARLIE MIRANDA: All right.

06:26:20 >> And move on to that and I will bring back the ordinance.

06:26:27 >>CHARLIE MIRANDA: We are going to take a 15-minute recess

06:26:29 before we go into the 5:30.

06:26:31 So we are running a little late but we'll do them all.

06:26:34 Thank you very much for attending.

06:26:36 Believe me, between first and second reading it will be

06:26:39 done.

06:26:40 Thank you very much.

06:26:40 We stand adjourned 15 minutes.

06:26:42 (City Council in recess)


06:26:45 >>CHARLIE MIRANDA: City Council is called do order.

06:50:58 Roll call.

06:50:59 >>MIKE SUAREZ: Here.

06:51:02 >>MARY MULHERN: Here.

06:51:03 >>HARRY COHEN: Here.

06:51:04 >>LISA MONTELIONE: Here.

06:51:05 >>CHARLIE MIRANDA: Here.

06:51:07 All right.

06:51:07 I believe we are back to reading the ordinance that Ms.

06:51:11 Mandell so kindly put the corrections to.

06:51:16 Mr. Suarez will read first reading.

06:51:19 >>MIKE SUAREZ: I present an ordinance for first reading

06:51:23 consideration, an ordinance rezoning property in the general

06:51:25 vicinity of south Hillsborough Avenue, east of interstate

06:51:29 275, north of Dr. Martin Luther King Jr. Boulevard, and west

06:51:33 of 15th street in the city of Tampa, Florida and more

06:51:37 particularly described in section 1 from zoning district

06:51:39 classification for residential single-family, RS-50 and

06:51:43 RS-60, residential multifamily, RM-12 and RM 14, residential

06:51:50 office, RO general CG, and commercial intensive CI, to

06:52:00 Seminole Heights specific zoning classification SH-RS,

06:52:05 SR-RM, SR-RO, SH-CG and SH-CI providing for notice,

06:52:13 providing an effective date.

06:52:14 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, seconded

06:52:16 by Mr. Cohen.

06:52:17 Further discussion by council members?

06:52:19 All in favor of the motion please indicate by saying aye.

06:52:23 Opposed nay.

06:52:25 Motion passes 4 to 1.

06:52:27 >>THE CLERK: Motion carried with Capin and Reddick being

06:52:30 absent at vote and Montelione voting.

06:52:32 No second reading and adoption will be on January 10th

06:52:35 at 9:30 a.m.

06:52:37 >>CHARLIE MIRANDA: We need to open public hearings 3 and 4.

06:52:41 All correspondence regarding these two will be received and

06:52:45 filed.

06:52:45 I have a motion by Mr. Cohen, second by Mr. Suarez on 3 and

06:52:49 4.

06:52:49 All in favor of the motion please signify by saying aye.

06:52:52 Opposed nay. The ayes have it unanimously.

06:52:55 Yes, ma'am.

06:52:55 >> My name is Kathy gunster with the wastewater department

06:53:05 and I'm available here if there are any questions as well as

06:53:09 weight water director.

06:53:12 There are two items.

06:53:13 >>CHARLIE MIRANDA: These are first readings for

06:53:15 consideration and pertaining to the wastewater department,

06:53:19 definition of the Tampa city Tampa code.

06:53:22 Ms. Capin on item number 3.

06:53:24 Would you kindly take that ordinance for first reading?

06:53:27 >> Need to close.

06:53:34 >>CHARLIE MIRANDA: Yes, need to close the public hearing.

06:53:36 >> I beg your pardon?

06:53:40 >> You're up.

06:53:41 >>MARTIN SHELBY: I'm sorry, but did you ask if anybody was

06:53:44 in the audience?

06:53:46 >>CHARLIE MIRANDA: No.

06:53:46 This is first reading.

06:53:47 >>> Both of these are -- they are required to have public

06:53:55 hearing on first reading.

06:53:56 >>CHARLIE MIRANDA: It didn't say that on the agenda.

06:53:59 Anyone care to speak to item number 3?

06:54:03 Don't come up at one time all of you.

06:54:05 Item number 3.

06:54:07 Motion to close by Mr. Reddick, seconded by Mr. Cohen.

06:54:10 All in favor of the motion? Opposed?

06:54:12 The ayes have it unanimously.

06:54:16 >>YVONNE CAPIN: An ordinance being presented for first

06:54:17 reading consideration, an ordinance of the city of Tampa,

06:54:19 Florida pertaining to the amendment of chapter 26, City of

06:54:23 Tampa utilities ordinance, article 3, City of Tampa

06:54:26 wastewater department ordinance, section 26-117, definitions

06:54:31 of the City of Tampa code, providing for repeal of all

06:54:34 ordinances in conflict providing an effective date.

06:54:39 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

06:54:41 Further discussion by council members?

06:54:42 All in favor of the motion please indicate by saying aye.

06:54:44 Opposed nay. The ayes have it unanimously.

06:54:47 >>THE CLERK: Motion carried with Mulhern accent at vote.

06:54:51 Second reading and adoption will be on January 10th at

06:54:54 9:30 a.m.

06:54:56 >>CHARLIE MIRANDA: Item number 4.

06:55:02 Again, it is a public hearing scheduled for the proposed

06:55:04 amendment to this weight water ordinance.

06:55:08 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

06:55:10 item number 4?

06:55:11 >>FRANK REDDICK: Move to close.

06:55:13 >>HARRY COHEN: Second.

06:55:15 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, seconded

06:55:17 by Mr. Cohen.

06:55:17 All in favor? Opposed? The ayes have it unanimously.

06:55:20 Mr. Reddick, would you kindly take item number 4, please.

06:55:23 >>FRANK REDDICK: Move an ordinance being presented for

06:55:27 first reading consideration, an ordinance of the city of

06:55:29 Tampa, Florida amending chapter 26, City of Tampa utilities

06:55:32 ordinance, article 3, City of Tampa waste water department

06:55:36 ordinance, section 26-128, technical standards adopted by

06:55:41 the City of Tampa code adopting the City of Tampa waste

06:55:45 water discharge, industrial pretreatment standards technical

06:55:50 manual, and providing for repeal of the technical standards

06:55:55 for sanitary sewers, providing for repeal of all ordinances

06:55:59 in conflict, providing for severability, providing an

06:56:02 effective date.

06:56:02 >>HARRY COHEN: Second.

06:56:06 >> All in favor? Opposed?

06:56:07 The ayes have it unanimously.

06:56:10 >>THE CLERK: Motion carried with Mulhern being absent at

06:56:12 vote.

06:56:13 Second hearing will be January 10th at 9:30 a.m.

06:56:17 Number 5.

06:56:18 >> Need a motion that all correspondence be received and

06:56:22 filed.

06:56:22 Motion by Mr. Cohen and seconded by Mr. Suarez on a close

06:56:26 vote with Mr. Reddick. The ayes have it unanimously.

06:56:29 Items 5 through 8 are now open.

06:56:31 Yes, ma'am.

06:56:33 These are quasi-judicial proceedings.

06:56:42 That requires all you good people who are going to testify

06:56:44 today to be sworn in.

06:56:46 So the clerk will swear in anyone who is going to speak on

06:56:50 item 5 through 8.

06:56:51 Please stand and be sworn in.

06:56:53 (Oath administered by Clerk)

06:57:09 >>ABBYE FEELEY: Land Development Coordination.

06:57:36 Your first case this evening is a special use request

06:57:39 located at 3901, 3911 west Bay Avenue, 3905 Ohio Avenue.

06:57:50 It is a special use request for a place of religious

06:57:53 assembly, school and daycare.

06:57:56 Before David gets up to give the Planning Commission

06:58:05 presentation, I just want to let you know this is not a new

06:58:08 church, it is historic.

06:58:10 It been there since what our records show it has been a

06:58:13 place of religious assembly at this location since 1976 when

06:58:19 a setback reduction was granted from 20 feet to one foot to

06:58:23 the rear for a church.

06:58:25 So just to give you a little history on that.

06:58:29 And then I will finish up after he's through.

06:58:33 Thank you.

06:58:33 >> David Hayes, Planning Commission staff.

06:58:44 Tonight we start down in the South Tampa planning area south

06:58:46 of Gandy Boulevard in the sun bay south neighborhood.

06:58:51 Here on the aerial you can see the subject site in the

06:58:54 center of the map.

06:58:55 You can really see the predominant single-family attached

06:58:58 development pattern that mostly surrounds the site.

06:59:01 The only real landmark is the Dale Mabry corridor.

06:59:04 That's running north and south across the aerial.

06:59:07 As you are all well aware, this portion of the Dale Mabry

06:59:10 corridor contains a mixture of commercial and multifamily

06:59:13 residential uses.

06:59:16 And then finally on to the future land use map.

06:59:20 The subject site and surrounding properties are designated

06:59:23 residential 10.

06:59:24 The pink color found along the Dale Mabry corridor is

06:59:27 community mixed use 35.

06:59:29 Planning Commission staff finds the proposed special use

06:59:31 allows for the expansion of existing civic use which would

06:59:35 promote the strengthening of the civic use's ties with the

06:59:39 surrounding residential community.

06:59:40 These strengthening of ties between residents and civic uses

06:59:43 is one of the identified opportunities within the

06:59:46 comprehensive plan for the South Tampa planning district,

06:59:51 and it's to promote a more livable and sustainable

06:59:54 neighborhood.

06:59:54 Therefore, based on that and the policy direction provided

06:59:57 within the staff report, the Planning Commission staff finds

06:59:59 the proposed special use request consistent with the Tampa

07:00:02 comprehensive plan.

07:00:08 >>ABBYE FEELEY: Land development.

07:00:11 The request before you tonight is to utilize the existing

07:00:14 buildings on the property for daycare and school, and to

07:00:19 build a new sanctuary building.

07:00:24 There are several waivers being requested.

07:00:26 Some are based on existing conditions and some are based on

07:00:30 the proposed site configuration.

07:00:32 The first is for the required setbacks for the existing

07:00:36 church building to reduce the front yards from 25 feet to

07:00:40 21.4 feet and the west side yard from 40 feet to 11.7 feet,

07:00:46 and that is existing conditions.

07:00:48 The second is to reduce the required setbacks of the

07:00:51 proposed building, reduce the rear yard from 40 feet to 10.5

07:00:56 feet and the east side yard from 40 feet to 19.1 feet.

07:01:01 Right now that says 19.1 inches and on the site plan, so

07:01:05 that's a revision that needs to be made.

07:01:07 Also, we would like them to add the access to a local

07:01:10 street, west Bay Avenue, to reduce the number of required

07:01:14 parking spaces from 212 to 135, to allow grass parking, to

07:01:20 allow reduction in the drive isle width from 18 feet to 16

07:01:24 feet and 24 feet to 20 feet.

07:01:28 As mentioned on the second page of the staff report, the

07:01:30 applicant is requesting a special use of the property

07:01:33 located at 3901 and 3911 west Bay Avenue to construct a new

07:01:39 23,625 square foot sanctuary.

07:01:42 This would have a 15,225 square foot first floor and the

07:01:47 8400 square foot second floor balcony.

07:01:50 This would also allow the church to convert the existing

07:01:54 building to school and daycare uses.

07:01:56 The subject property received a board of adjustment approval

07:02:00 for expansion to an existing place of religious assembly in

07:02:03 1987, and then as I mentioned to you, there is evidence of a

07:02:08 granting of a setback waiver back in '76.

07:02:12 The site is approximately 3.3 acres and includes a portion

07:02:15 of the vacated Ohio Street.

07:02:18 This was vacated on several years ago.

07:02:22 The existing building on the site contains 15,011 square

07:02:27 feet including the existing sanctuary and two single-family

07:02:29 residents that were utilized for church functions.

07:02:36 The new sanctuary would be 560 feet, which would require 212

07:02:41 parking spaces, a total of 135 are being provided with a

07:02:45 waiver for the deficiency.

07:02:49 The 212 is based on all the uses on the property.

07:02:55 Which would provide a worst case scenario, so we look at the

07:02:59 daycare use, school use, church use, and if you maxed all of

07:03:02 it out it's at 212, but really justification for the waiver

07:03:07 is those uses are occurring not at the same time, and that

07:03:12 allows for the existing spaces to serve as the school and

07:03:16 the daycare during the week, and then the church services on

07:03:19 the Sunday.

07:03:22 Let me go ahead and show you the site.

07:03:25 Here is the zoning atlas.

07:03:27 I know that David just provided you.

07:03:28 You will see that vacated portion of Ohio.

07:03:30 I am going to show you some pictures of that, how it

07:03:33 dead-ends right now. It's not an improved roadway.

07:03:39 It's predominantly an RS-50 zoning pattern.

07:03:44 I'm sure it was this council rezoned these properties just

07:03:47 to the east to RS-50.

07:03:49 Not too many years ago.

07:03:50 And then the Dale Mabry corridor which is the CG uses.

07:03:57 This is an aerial of the site.

07:04:00 You can see that RS-50 piece is still vacant.

07:04:03 Predominant land use pattern single-family residential.

07:04:11 Here I'm starting on Bay Avenue.

07:04:19 This is the site.

07:04:22 Other existing structure on the site.

07:04:25 What we are doing is moving east toward Dale Mabry along

07:04:29 Bay.

07:04:29 This is at the eastern end of the parking looking back west.

07:04:36 This is from the vacated portion of Ohio looking back south

07:04:40 towards the site.

07:04:44 Existing parking looking west.

07:04:46 The playground.

07:04:49 This is the south side of Bay.

07:04:51 The single-family residential.

07:04:58 This is just adjacent to the church property to the east.

07:05:05 This is the north side of Bay.

07:05:07 Moving east back toward Dale Mabry again.

07:05:13 And then west of the church building, single-family

07:05:19 residential working back toward the existing sanctuary

07:05:25 building.

07:05:27 A couple of shots from that Ohio right-of-way.

07:05:32 Oh, sorry.

07:05:34 This is looking back south toward Bay.

07:05:39 This is on Ohio looking back toward Dale Mabry.

07:05:42 And on Ohio.

07:05:47 Looking west.

07:05:49 There are a few minor modifications that need to be made

07:05:56 between first and second reading.

07:05:57 I have provided those to you on a revision sheet.

07:06:00 I have been in contact with the applicant and believe the

07:06:03 applicant is amenable to making those changes in between

07:06:05 first and second reading.

07:06:07 Staff is available should you have any questions.

07:06:12 >>CHARLIE MIRANDA: Petitioner?

07:06:15 >> Good morning, chairman, members of council.

07:06:17 My name is Jeremy couch, 35289 Urlich road here representing

07:06:22 south side Baptist church.

07:06:24 I am joined tonight by pastor Kerry Nance, head pastor at

07:06:28 south side and also members of the church.

07:06:30 If you wouldn't mind standing to be recognized.

07:06:35 Thank you.

07:06:37 As Ms. Feeley presented, we are requesting a special use to

07:06:44 expand the church.

07:06:46 South side currently operates out of the site, and thanks to

07:06:51 their positive impact on the community, the church has grown

07:06:56 and so has their need for adequate facility.

07:06:59 The parcel is 3.3 acres.

07:07:01 The area in which the church will be built is vacant.

07:07:05 As Abbye said the church has been there since the 70s.

07:07:11 Current uses on the property are church facilities.

07:07:17 The property is you are surrounded by single-family

07:07:19 residential, a block from Dale Mabry, very close.

07:07:24 The proposed church would be 23,625 square feet.

07:07:29 It would be two stories with 8,000 square foot balcony

07:07:32 inside.

07:07:35 We are requesting a few waivers to make everything work, as

07:07:40 Abbye discussed.

07:07:45 And I think pastor Nance would like to come up and speak

07:07:50 about the church.

07:07:52 >> My name is Kerry Nance, the pastor of south side Baptist

07:07:56 church, and want to just also say I appreciate the city and

07:07:59 the great help that they have been on this project so far.

07:08:04 My wife and I came nine years ago.

07:08:07 To be honest with you, this church was closing down.

07:08:09 It had really shrunk, and in the south part of Tampa a lot

07:08:12 of churches had been swallowed up, sometimes mega churches

07:08:17 have a tendency to do that, and leave the community that

07:08:22 they are in, and this was happening to this church.

07:08:24 And so when we came down there, was just a handful, and we

07:08:27 had a major debt of $300,000, and really it's been a

07:08:33 resurrection, if I can use that term, and blessed in the

07:08:36 last nine years, and it's just a church that's now every

07:08:41 service is pretty full to capacity, and on Sunday morning we

07:08:44 are running out of room, trying to reach the neighborhood

07:08:48 with different outreaches, different things that we have,

07:08:50 and have come to a place where we want to grow.

07:08:54 Grow.

07:08:54 We don't want to leave the area.

07:08:56 We desire to stay in that area, impact the people, and

07:08:58 really feel that a church is just a part of the community,

07:09:04 and really a family oriented church.

07:09:07 We have ministries that go from seniors all the way down, I

07:09:10 think Sunday our nursery was running around 20, 25 in our

07:09:15 nursery, so we have a lost young families, and so it's been

07:09:19 just a healthy, good thing for the community.

07:09:22 And we are looking for expansion.

07:09:23 I hope that you can help us and not just an expansion, also

07:09:27 looking to a school to do some things like that in the area

07:09:31 there to help with education and programs like that, and I

07:09:35 appreciate your help on this.

07:09:38 >>CHARLIE MIRANDA: Thank you very much.

07:09:38 >> That concludes our presentation.

07:09:42 I do want to say on the record that we agree to the

07:09:44 conditions that the staff provided in the staff report and

07:09:46 we are here for any questions you might have.

07:09:48 >>CHARLIE MIRANDA: Thank you very much.

07:09:49 Anyone in the audience care to speak on this subject matter,

07:09:52 file V-12-237?

07:09:55 If you are going to speak in favor, and I know you will,

07:09:58 from what I see, when I stood up, if two or three

07:10:04 representative.

07:10:05 We have a full hearing and we are backed up past an hour.

07:10:07 Yes, sir.

07:10:07 >> Good evening.

07:10:11 My name is Jerry Lambert, 4113 Treasure Circle, and I'm a

07:10:16 member of Southside Baptist church.

07:10:18 As we all know, across our country, churches are closing

07:10:22 their doors every day.

07:10:25 However, takes pastor said, at Southside we are growing, in

07:10:28 all the years all I ask is that you give it the chance to

07:10:33 grow, to give the people of South Tampa a place to come, and

07:10:37 worship.

07:10:38 Thank you very much.

07:10:40 >>CHARLIE MIRANDA: Thank you.

07:10:40 Next, please.

07:10:41 >> Matthew Repaskey, I have been a member since 2009.

07:10:48 The reason we moved to South Tampa was because of south side

07:10:51 Baptist.

07:10:52 In 2009 my wife graduated med school in Nebraska.

07:10:55 We had a school where we could attend, Tampa General was one

07:10:59 of those hospitals.

07:11:00 Upon a survey trip we went to Southside and that solidified

07:11:04 TGH as the church.

07:11:08 She graduated from her program and decided to practice

07:11:10 locally.

07:11:10 In addition I am reserves and I serve locally at

07:11:13 MacDill.

07:11:13 With the option of the school and the bigger building, that

07:11:16 provides an opportunity for my children to attend a

07:11:19 Christian school as I once did.

07:11:21 And whether or not there is a Christian school or if council

07:11:23 disapproves or approves this building, wherever south side

07:11:26 Baptist is and pastor Kerry Nance, that's where I and my

07:11:30 family will be.

07:11:31 Thank you.

07:11:32 >>CHARLIE MIRANDA: Thank you.

07:11:33 Next, please.

07:11:33 >> My name is Charlie Schenk, the youth pastor at Southside

07:11:39 Baptist church. I live at 3911 --I feel like I live at 3911

07:11:42 West Bay where the church is.

07:11:44 But I live at 2907 East Sligh Avenue, and we had the

07:11:47 opportunity and I had the opportunity, many people

07:11:49 volunteer, have the opportunity to work with the youth there

07:11:51 in South Tampa. And one of the things, there's a bus

07:11:56 ministry that we go out and pick up kids, families,

07:12:00 teenagers of all sorts, right now as far north as Gandy, as

07:12:03 far east as MacDill, as far west as Westshore and

07:12:08 Interbay.

07:12:08 So picking up kids whether they be privileged or

07:12:11 underprivileged kids and get them than opportunity to get

07:12:14 the word of God and just influence their lives.

07:12:16 We would like the opportunity to expand that and reach more

07:12:19 people.

07:12:20 Thank you.

07:12:22 >>CHARLIE MIRANDA: Thank you.

07:12:22 Next, please.

07:12:23 >> Good evening.

07:12:24 I'm Dr. Mike Higgins and I'm Executive Director of hope

07:12:28 children's home here in Tampa, Florida.

07:12:30 We have been here since 1968.

07:12:31 We care for about 70 children that are from the age infant

07:12:35 to senior high, children have been abandoned, abused or next

07:12:38 neglected and south side Baptist church is our church of

07:12:41 worship and all of our children and staff will attend that

07:12:44 church.

07:12:46 About 100 members.

07:12:47 And so we caused some of these problems for them.

07:12:51 The church is critical because it allows our children to

07:12:54 involve themselves in community outreach, and within the

07:12:57 church, our pastors are also counselors to our children.

07:13:00 So we want to represent tonight and say that we are

07:13:02 certainly excited about the expansion of the church ministry

07:13:05 there and being able to both facilitate and reach the

07:13:08 community.

07:13:08 Thanks for your time tonight.

07:13:10 >>CHARLIE MIRANDA: Thanks very much.

07:13:11 Petitioner, do you want rebuttal?

07:13:13 You have got five minutes.

07:13:15 [ Laughter ]

07:13:17 >> No rebuttal.

07:13:19 Thank you.

07:13:20 >>CHARLIE MIRANDA: All right.

07:13:21 Anyone else care to speak?

07:13:22 >> Move to close.

07:13:25 >> Second.

07:13:27 >>CHARLIE MIRANDA: Pardon me?

07:13:31 All right, ask the question.

07:13:32 >>YVONNE CAPIN: Maybe I -- revised site data, 23,560 square

07:13:43 feet, not just the first floor footprint, of 15,225 square

07:13:47 feet.

07:13:47 The total square footage of the development of the site is

07:13:49 38,636 square feet.

07:13:54 >> That's including all existing structures and all proposed

07:13:58 structures.

07:13:58 >> And that requires 212 parking spaces?

07:14:02 >> The spaces for a church are based on the seats in the

07:14:06 sanctuary.

07:14:07 So they have 560 seats, plus the school, plus the daycare.

07:14:12 So it came to 212 total.

07:14:14 I did a worst case scenario, so that we took into account

07:14:18 everything when we did the labor.

07:14:24 >>YVONNE CAPIN: Thank you for clarifying that.

07:14:26 >>CHARLIE MIRANDA: Anyone else?

07:14:26 I have a motion on the floor by Ms. Montelione, second by

07:14:29 Mr. Cohen for closing the hearing.

07:14:31 All in favor of the motion please signify by saying aye.

07:14:35 Opposed nay. The ayes have it unanimously.

07:14:37 Mr. Cohen, would you take number 5, please?

07:14:39 >> I move an ordinance being presented for first reading

07:14:42 consideration, an ordinance approving a special use permit

07:14:44 S-2 approving a place of religious assembly, school, and

07:14:49 daycare in an RS-60 residential single-family zoning

07:14:52 district in the general vicinity of 3901 and 3911 west Bay

07:14:57 Avenue and 3905 Ohio Avenue in the city of Tampa, Florida

07:15:01 and as more particularly described in section 1 hereof

07:15:05 providing an effective date, and including the items on the

07:15:08 revision sheet that we have in front of us.

07:15:11 >>MIKE SUAREZ: Second.

07:15:12 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by

07:15:14 Mr. Suarez on item number 5.

07:15:16 All in favor of the motion please signify by saying aye.

07:15:19 Opposed nay. Motion passes unanimously.

07:15:21 Thank you all very much for attending.

07:15:23 Tampa is the only city that has two, one in South Tampa, one

07:15:31 in West Tampa.

07:15:32 >>THE CLERK: Motion carried unanimously with Mulhern being

07:15:35 absent at vote, second hearing will be January 10th at

07:15:38 9:30 a.m.

07:15:53 >> Item 6, Z-12-49, 3030 west Dr. Martin Luther King, Mr.

07:15:59 4102, 4110, 4220 north Gomez, 2902, 2908 and 2905, 2907 west

07:16:10 Saint Isabel Street, 2905 west Lake Avenue, 4201, 4215 north

07:16:17 MacDill Avenue, St. Joseph's women's hospital.

07:16:21 The request before you this evening from RS-50 residential

07:16:25 single-family, RO 1, residential office, and PD, planned

07:16:29 development, hospital, medical office and parking, to PD,

07:16:32 planned development, hospital, medical office, surface

07:16:35 parking.

07:16:36 >> Good evening.

07:16:48 Again this is David Hayes with your Planning Commission

07:16:51 staff and I have been sworn.

07:16:52 We move on to the central planning district for this next

07:16:56 case.

07:16:56 You can see the general area with all the H's there on the

07:17:01 map.

07:17:02 The next thing that we move on to is the aerial.

07:17:06 And you can see the subject site in the center of the map.

07:17:10 You can see the main campus of St. Joseph hospital north of

07:17:14 the subject site, across Dr. Martin Luther King Jr.

07:17:17 Boulevard.

07:17:18 Moving counterclockwise, we have the Tampa Bay park, office

07:17:23 park up there in the upper left.

07:17:27 Then we move over to the former site of the Tampa Bay mall

07:17:30 and the current training facilities for the Tampa Bay Bucs.

07:17:33 We can see the Tampa Bay Boulevard elementary at the bottom

07:17:38 of the aerial down there.

07:17:39 And then we also can see from the aerial east of the subject

07:17:45 site are a number of medical office uses located north of

07:17:51 Saint Isabel south of Dr. Martin Luther King Jr. Boulevard.

07:17:57 Onto the future land use map, the subject site falls within

07:18:00 a number of future land use categories starting with the

07:18:03 blue.

07:18:03 That's the public semi-public.

07:18:06 The brown color, the darker brown color is the residential

07:18:11 20.

07:18:11 While the lighter orange-brown is the residential 10.

07:18:14 We have more intensive uses to the west and northwest, which

07:18:17 are under the urban mixed use 60, future land use category.

07:18:22 And the pink lining the south side of Dr. Martin Luther King

07:18:26 Jr. Boulevard is community mixed use 35.

07:18:28 Overall the Planning Commission staff found the proposed

07:18:30 rezoning would allow for the appropriate expansion of a

07:18:33 regional medical facility, while also continuing to protect

07:18:36 surrounding residential uses from nonresidential

07:18:39 encroachment.

07:18:41 No new buildings and no additional access points onto west

07:18:44 Lake Avenue or north Gomez Avenue are being proposed within

07:18:48 this rezoning.

07:18:49 Based on those issues and the policy direction within the

07:18:53 Planning Commission report, Planning Commission staff finds

07:18:56 the rezoning request consistent with the Tampa comprehensive

07:18:59 plan.

07:18:59 >>ABBYE FEELEY: As David said, the request before you

07:19:08 tonight in relationship to St. Joe's women's hospital, and

07:19:13 Mr. LaRocca, I'm sure, will go into a little more detail, is

07:19:16 to remove the structure parking garage and to put surface

07:19:21 parking in that location as well as to permanently establish

07:19:26 parking along Saint Isabel.

07:19:29 So let me go through the waivers.

07:19:32 But there is no new square footage associated with the

07:19:35 hospital, no additional beds.

07:19:38 I was the one who most recently rezoned this a few years

07:19:42 ago.

07:19:44 All that work has been completed.

07:19:45 But the garage is structurally unsound and needs to be

07:19:49 removed.

07:19:49 So there are five waivers that are being requested.

07:20:01 And I know that Mr. LaRocca had some meetings with natural

07:20:07 resources to address some things.

07:20:08 I believe these are still the waivers associated with the

07:20:11 request.

07:20:11 The first is to reduce the allowable landscape island width

07:20:15 to a minimum of 5-foot for interior landscape of vehicle use

07:20:19 area, providing 20% of the vehicle use area is landscaped,

07:20:23 and to allow for the landscape area separation within the

07:20:26 vehicle use area to be increased to a maximum of 27 acres.

07:20:30 I believe that's going to be revised.

07:20:34 And that waiver would be removed.

07:20:37 I take that back.

07:20:38 On the one side we still need that.

07:20:40 The third is to reduce the minimum aisle width from 26 to 24

07:20:44 which as of department 15th will be your code and we

07:20:47 won't need to be seeing that waiver anymore.

07:20:50 The fourth is to allow commercial traffic access to a local

07:20:52 street, and the last reduce the number of requiring berths

07:21:00 inside to two.

07:21:05 The request before you this evening is to demolish the

07:21:13 existing structure, parking garage, and create a surface

07:21:16 parking lot in this location, and to incorporate the block

07:21:20 bounded by MacDill Avenue on the west, Lake Avenue on

07:21:22 the south, Saint Isabel on the north, and Gomez on the east

07:21:28 for permanent surface parking.

07:21:29 There is currently a medical office there with surface

07:21:31 parking, and a temporary parking lot that was approved in

07:21:36 order to allow for parking during the construction of the

07:21:39 hospital's latest addition.

07:21:45 The subject property excluding the RO 1 and RS-50 parcels

07:21:50 was rezoned in 2008, and twit entitlement modifications to

07:21:55 the hospital and the associated neonatal intensive care

07:21:58 unit.

07:21:58 There are no requested changes to the entitlement currently

07:22:01 approved for the property, which includes 256 bed hospital

07:22:05 and 32,000 square foot of medical office.

07:22:08 The total existing square footage of the property is

07:22:11 324,308, which includes the existing 44065 medical office on

07:22:21 the south side of Saint Isabel that's identified to be

07:22:24 removed resulting in the overall square footage for the PD

07:22:27 to be 23rd 19,843 square feet.

07:22:32 For this development scenario, 473 parking spaces are

07:22:36 required and 754 spaces will be provided.

07:22:41 Based on phase 1 and 2 a total of 725 will be provided and

07:22:46 final completion, 789 surface will be provided.

07:22:51 As David showed you, zoning atlas shown here, the existing

07:22:57 PD for the hospital is the upper portion, north Saint

07:23:01 Isabel, Gomez to the east, lake to the further portion

07:23:07 south, you will see this piece cuts up here on lake.

07:23:12 That's because there is a small linear park there.

07:23:15 I will show you some pictures of that about a wall buffering

07:23:19 to the adjacent residential uses.

07:23:21 So the RS-50 portions that we are rezoning tonight is here.

07:23:25 The temporary parking lot is currently here.

07:23:27 And the RO-1 which is residential office, where the medical

07:23:31 office is, currently here.

07:23:39 Here is the aerial.

07:23:41 I know David went over most of this.

07:23:42 This is really the area we are talking about here this

07:23:44 evening.

07:23:45 Isabel, that temporary parking is kind of under there.

07:23:50 The medical office here.

07:23:50 Here is the structure, garage, that is slated for removal

07:23:55 and replacement with the surface parking.

07:24:03 Photowise, this is a large area for me to give you a really

07:24:06 good photo display.

07:24:07 I kind of focus, if I can show you where I am going to take

07:24:10 you briefly.

07:24:13 I did focus on showing you how this area along Saint Isabel

07:24:18 is currently functions so in relation to the changes you are

07:24:21 considering tonight, I did come around here.

07:24:23 I went back on west lake.

07:24:25 I came up.

07:24:26 And I'll show you some additional photos.

07:24:29 But I kind of started here, went around, and then went back

07:24:32 up.

07:24:39 I'll start off with just some general photos.

07:24:44 I think you all are very familiar with where we are.

07:24:48 Here is looking south on MacDill.

07:24:52 This is at the corner of Saint Isabel and Gomez.

07:24:57 And I am going head west toward MacDill.

07:25:00 On the south side of Saint Isabel.

07:25:03 This was the temporary parking for the construction.

07:25:07 Still moving west, almost at MacDill.

07:25:13 Here is the medical office that's currently on MacDill.

07:25:17 This is the southeast corner of MacDill and Saint

07:25:21 Isabel.

07:25:23 Here is from MacDill headed south toward lake.

07:25:28 This is at the corner of lake and MacDill lag back northeast

07:25:33 toward the hospital.

07:25:35 Moving now east along lake, showed you the linear park with

07:25:39 the buffer, and pictures of that.

07:25:43 This is at the northwest corner of lake and Gomez.

07:25:48 Going back up now up Gomez.

07:25:51 So this would all be the new parking area.

07:25:54 They worked very hard with natural resources to preserve the

07:25:57 majority of these trees.

07:25:58 There are five hazardous grand trees within this area.

07:26:02 So those five hazardous grands are being requested to be

07:26:06 removed.

07:26:07 By the city through the permitting process.

07:26:12 This is along the south side of lake, single-family

07:26:15 residence.

07:26:20 This is at the southeast corner of Saint Isabel.

07:26:28 Yes.

07:26:28 And Gomez.

07:26:31 And then along Gomez there are on the medical office uses.

07:26:35 You may remember, we just did a new medical office on Gomez,

07:26:39 just a little bit north of this property.

07:26:43 Or to the east of this property.

07:26:48 By the urology.

07:26:50 That being said, there is a standing objection from

07:26:53 transportation in relation to the access on Saint Isabel for

07:26:58 the commercial traffic.

07:26:59 There are modifications being requested by land development.

07:27:03 And also by natural resources.

07:27:05 And also by transportation, should it the pleasure of

07:27:09 council to move forward in order to address some site plan

07:27:14 deficiencies.

07:27:15 Staff is available for any questions.

07:27:18 >>CHARLIE MIRANDA: Thank you.

07:27:20 Petitioner?

07:27:34 >> I would ask if you could hold this for a few minutes and

07:27:41 maybe move on to the next item.

07:27:42 I would appreciate that.

07:27:44 I'm working with Ms. Mandell outside.

07:27:49 >>CHARLIE MIRANDA: Number 7.

07:27:50 We will hold number 6.

07:27:52 We'll vote on number 7.

07:27:53 >> Want to go to number 8?

07:28:03 >> Mr. Shelby, I need you for the beginning of number 7.

07:28:24 Thank you, Mr. Shelby.

07:28:25 Before we hear the petition on number 7, I want to disclose

07:28:30 that I have a membership at congregation Scharrai Zedek.

07:28:41 >> Are you a member of the board?

07:28:42 >> No, I am not.

07:28:43 >> Do you have any fiduciary responsibility whatsoever?

07:28:46 >> I do not.

07:28:46 >> Are either you or a family member or a principal by whom

07:28:52 you are retained have a financial stake in this matter?

07:28:54 >> No, I do not.

07:28:55 >> Okay.

07:28:56 So the subject of this rezoning has no financial impact.

07:29:06 Then it is my opinion, Councilman Cohen, that under Florida

07:29:08 statutes, you do not have a conflict of interest and you are

07:29:11 required to vote.

07:29:12 >> Thank you.

07:29:14 >> Item 7.

07:29:22 Case Z-13-01, 3303 West Swann Avenue, from PD planned

07:29:27 development, place of religious assembly, daycare, preschool

07:29:30 and religion school to PD, planned development, place of

07:29:33 religious assembly, daycare, preschool and religious school.

07:29:58 I met with congregation Scharrai Zedek awhile back

07:30:01 concerning this.

07:30:02 The PD allowed for 338 students at the preschool.

07:30:06 And back a few years ago, Cathy Coyle, zoning administrator

07:30:14 at the time, allowed for a 5% increase in the student

07:30:19 population in order to allow them to increase to 355

07:30:23 students.

07:30:25 They are now looking to increase the students again, and

07:30:28 they are not looking to add any additional square footage.

07:30:33 They are entitled to a lost square footage for the school.

07:30:36 They are just limited to the number of students.

07:30:38 So tonight they are before you to ask for an increase in the

07:30:41 number of students, and also, while we are here, in order to

07:30:44 avoid another PD rezoning, they have incorporated potential

07:30:48 for a future expansion of the sanctuary that would allow

07:30:52 them to do that sometime in the future.

07:30:53 So that really is what the request before you tonight is.

07:30:57 I know, David, I didn't let you get up to start talking

07:30:59 about what's going on.

07:31:01 There is one waiver, and that's to reduce the western buffer

07:31:04 adjacent to the dumpster.

07:31:05 That's based on existing condition.

07:31:07 Other than that, I'll let finish David, then come back up

07:31:11 and finish my presentation.

07:31:12 Sorry about that.

07:31:13 >> Thank you, Abbye.

07:31:17 Good evening, council members.

07:31:19 David Hayes again with your Planning Commission staff.

07:31:22 I have been sworn.

07:31:23 While we are still in the central planning district the

07:31:27 subject site is located on the edge of the district at the

07:31:30 southwest corner, very close to South Tampa planning

07:31:33 district.

07:31:36 We have the aerial next.

07:31:38 You could see the subject site, the center of the map.

07:31:41 You can make out the difference in the development patterns

07:31:44 between Swann Avenue, the predominant single-family detached

07:31:47 residential pattern, south of Swann, to the Moore

07:31:51 single-family attached and multifamily residential

07:31:53 development pattern north of Swann.

07:31:56 You can also see the commercial and office uses lining

07:32:00 Henderson Boulevard.

07:32:01 Finally, onto the future land use map the subject site falls

07:32:07 within the 35 land use category as do the properties to the

07:32:11 north, east and west.

07:32:13 The south side of Swann is 6, and south side are all

07:32:21 community use 35.

07:32:23 The planning staff finds it allows for the expansion of

07:32:28 civic use while providing for development that continues to

07:32:31 show sensitivity to surrounding residential uses.

07:32:33 The central Tampa planning district is recognized takes

07:32:36 primary civic and cultural center of the City of Tampa, and

07:32:39 this rezoning will further promote that designation.

07:32:42 Based on that and the policy direction provided to you

07:32:45 within the Planning Commission report, Planning Commission

07:32:48 staff finds the rezoning request consistent with the Tampa

07:32:52 comprehensive plan.

07:32:53 >>ABBYE FEELEY: Thank you, David.

07:33:02 Abbye Feeley, Land Development Coordination.

07:33:07 I think I gave you a brief overview of why we are here this

07:33:11 evening.

07:33:11 The petitioner does propose to rezone from PD to PD to

07:33:14 increase the number of preschool students and allow for

07:33:17 future expansion of a sanctuary, was rezoned in 2005 to

07:33:23 include 338 preschool students, 336-seat sanctuary, a total

07:33:29 of 60,229 square feet of building area.

07:33:33 In 2009 it was administratively approved to 355 students.

07:33:37 Tonight, the subject application seeks to increase the

07:33:41 potential 470 students and allow for future expansion of the

07:33:45 sanctuary at the southeast corner, 13,170 square feet.

07:33:52 Based on the proposed modification, a total of 158 parking

07:33:56 spaces are required and 166 are being provided.

07:34:17 As David showed you, what he showed you, the future land use

07:34:21 map, the PD is shown here in green.

07:34:26 It's surrounded by RM-24 zoning.

07:34:29 And the Henderson corridor.

07:34:37 There is the aerial.

07:34:40 This aerial, they just recently finished renovation to the

07:34:44 parking area, vaulted the stormwater, so this is now all

07:34:48 parking, which actually shows that they have a surplus of

07:34:52 parking spaces for what they would be required.

07:34:58 Go ahead and show you some photos.

07:35:03 This is from Lincoln.

07:35:07 This from the parking lot looking south.

07:35:09 This is off of Swann.

07:35:13 This is looking west on Swann.

07:35:18 This is looking east toward Lincoln.

07:35:22 From the corner of Lincoln and Swann.

07:35:25 There is fire access on the property currently that enters

07:35:29 onto Swann, preschool site there.

07:35:34 This is from the parking area of the playground.

07:35:36 Located on the western portion of the site.

07:35:40 This photo is at the northeast corner of Lincoln and Swann.

07:35:48 This is from west DeLeon looking south back towards Swann.

07:35:52 You can get -- this is the newer parking area that was just

07:35:57 established.

07:35:58 Some of the multifamily and PD designation, north, on the

07:36:03 north side of DeLeon.

07:36:06 This is immediately to the west of the site on DeLeon.

07:36:11 This is immediately to the west on Swann.

07:36:15 This is on DeLeon will go back toward Henderson.

07:36:25 There are a few modifications that need to be made that came

07:36:29 forth from the natural resources section.

07:36:33 I have provided those to you on a revision sheet.

07:36:36 It's my understanding those modifications would be made by

07:36:38 the applicant between first and second reading.

07:36:41 Other than that, staff is available if you have any

07:36:43 questions.

07:36:45 >>CHARLIE MIRANDA: Thank you very much.

07:36:47 Is petitioner here?

07:36:48 >> My name is mark Rosenthal, 1907 south bungalow trail in

07:37:00 Tampa.

07:37:00 Good evening, chairman.

07:37:02 And members of the council.

07:37:04 Congregation Scharrai Zedek is asking City Council approval

07:37:07 changing the preschool student population from 358 students

07:37:11 to 470 students within the same building area as was

07:37:16 previously granted by the existing planning development.

07:37:19 And allow for the future expansion of the sanctuary at the

07:37:23 southeast corner along Lincoln Avenue to 13,170 square feet.

07:37:31 As far as bringing everything to code and the latest

07:37:34 proposals we are planning on taking care of that as Abbye

07:37:38 mentioned earlier.

07:37:40 >>CHARLIE MIRANDA: Thank you very much, sir.

07:37:41 Anyone else?

07:37:44 Anyone care to speak on this subject matter, file Z-13-01?

07:37:49 Item number 7.

07:37:52 >>YVONNE CAPIN: Move to close.

07:37:54 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick,

07:37:56 second by Mrs. Capin.

07:37:57 All in favor? Opposed? The ayes have it unanimously.

07:38:03 Mrs. Montelione, would you kindly take number 7, please?

07:38:06 >>LISA MONTELIONE: Mr. Chair, I prefer somebody else take

07:38:13 the item.

07:38:14 >> All right.

07:38:14 We'll go to Mr. Suarez.

07:38:15 >> I get so excited about reading these.

07:38:24 Thanks, chair.

07:38:25 Ordinance being presented for first reading consideration,

07:38:27 an ordinance rezoning property in the general vicinity of

07:38:30 3303 West Swann Avenue in the city of Tampa, Florida and

07:38:34 more particularly described in section 1 from zoning

07:38:38 district classifications PD, planned development, place of

07:38:41 religious assembly, daycare, preschool and religious school,

07:38:45 to PD, planned development, place of religious assembly,

07:38:48 daycare, preschool and religious school, providing an

07:38:50 effective date, including the revisions as provided by

07:38:54 staff.

07:38:54 >>FRANK REDDICK: Second.

07:38:56 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

07:38:58 I have a second by Mr. Reddick.

07:38:59 Discussion by council members?

07:39:01 All in favor of the motion please indicate by saying aye.

07:39:03 Opposed nay. The ayes have it unanimously.

07:39:05 >>THE CLERK: Motion carried with Mulhern being absent at

07:39:09 vote. Second reading and adoption will be on January

07:39:11 10th at 9:30 a.m.

07:39:15 >>CHARLIE MIRANDA: Thank you all for attending.

07:39:17 We are ready for 6 or should we go to 8?

07:39:20 All right, we are going to do item number 8 first.

07:39:22 >>ABBYE FEELEY: Item 8 is a rezoning request, Z-13-05

07:39:32 located at 3407 west Barcelona Avenue.

07:39:35 The request before you tonight is from RM-16 residential

07:39:40 multifamily to RS-50 residential single-family.

07:39:43 >> David Hayes again with your Planning Commission staff and

07:39:53 I have been sworn.

07:39:55 Our final case -- well, kind of our final case.

07:39:59 Planning district. The subject site is located within the

07:40:01 Palma Ceia neighborhood.

07:40:05 Next onto the aerial.

07:40:07 You can see the subject site in the center of the map.

07:40:09 You can see the mixture of single-family detached and

07:40:12 attached residential within the surrounding area.

07:40:15 We can see on Bay to Bay Boulevard on the south side of the

07:40:18 aerial and the Palma Ceia Presbyterian church in the upper

07:40:20 left.

07:40:25 Finally under the future land use map, the subject site is

07:40:28 designated as residential 20.

07:40:30 You can see there is a patchwork pattern of the residential

07:40:33 20 and the residential 10 within the Palma Ceia community.

07:40:38 Which reflects the mixture of housing types that can be

07:40:41 found within that community.

07:40:42 Overall the Planning Commission staff found the proposed

07:40:45 rezoning allows for appropriate in-fill development and will

07:40:47 be comparable and compatible to the existing planned

07:40:51 development pattern within this portion of the Palma Ceia

07:40:54 community.

07:40:55 Based on those issues, Planning Commission staff finds the

07:40:59 zoning request consistent with the Tampa comprehensive plan.

07:41:06 >>ABBYE FEELEY: Thanks, David.

07:41:09 Abbye Feeley, land development.

07:41:11 Interesting, the RM-16 has a front setback of 25 feet.

07:41:16 Rear is 20.

07:41:18 Side of 7.

07:41:19 RS-50 has a front setback of 20 feet.

07:41:22 Rear 20.

07:41:25 Sides of 7.

07:41:25 They came in to build a single-family home here, and they

07:41:31 would like the 20-foot front setback to be consistent with

07:41:34 the RS-50 which is the single-family Euclidean district.

07:41:37 So that really is the request before you tonight.

07:41:39 I don't have a regular map for you because it's not a

07:41:42 question of compatibility.

07:41:44 The lot sizes are exactly the same.

07:41:47 This is more of a setback question.

07:41:49 I will go ahead and show you the zoning atlas, also show you

07:41:52 my photos of the block, and then it does meet all the

07:41:56 minimum requirements of the RS-50, and that's the question.

07:42:01 This change allows for a 20-foot front setback instead of a

07:42:04 25-foot, which is what's under the RM district.

07:42:14 Zoning atlas here.

07:42:16 You will see there are a couple -- there is an RM-16 --

07:42:24 RM-16, two RM-16 it to the north and east.

07:42:31 There's RS-50 immediately to the north.

07:42:33 Some RM-18.

07:42:35 And then RS-50 surrounding on most of the sides.

07:42:41 Predominant single-family residential.

07:42:44 You will see on this south side here, I'll show you, there

07:42:46 is a quad, quad there, and I think one duplex.

07:43:07 This is a heavily treed area, canopy area of the city, so

07:43:10 it's kind of hard to see the development pattern.

07:43:14 But you will see in that a couple units I showed you down

07:43:17 there.

07:43:19 What I am going to do is -- what I did was I started at this

07:43:24 corner.

07:43:24 I took all photos of the south side.

07:43:27 I came back up and took the north side of Barcelona.

07:43:31 Let me see.

07:43:38 Here is the subject site.

07:43:46 Another photo of the subject site.

07:43:51 I'm sorry.

07:43:55 There was a question that we didn't have any handouts and I

07:43:58 said not with the Euclidean.

07:43:59 >> No.

07:44:01 They just wanted to meet code

07:44:07 This is to the east.

07:44:19 I'm not really sure, but this is moving east along

07:44:26 Barcelona.

07:44:30 This is west of the property.

07:44:32 Moving west on Barcelona.

07:44:36 North side.

07:44:44 This is the south side from Concordia moving west along

07:44:55 Barcelona.

07:44:57 Here is that RM-18 piece that's there for two units.

07:45:02 Here is that larger four-unit.

07:45:11 Then at the corner, that picture I showed you, kind of like

07:45:17 a little urban garden they have going there.

07:45:25 And this is really awesome.

07:45:26 I want to go home and tell my husband, we really need one of

07:45:29 these.

07:45:30 And I showed it to Jimmy and said it has irrigation, it's

07:45:35 really neat.

07:45:36 This is on both sides.

07:45:38 I thought that was really cool.

07:45:42 Urban gardening.

07:45:47 I see I do have these.

07:45:59 So I had gone over that.

07:46:13 The RM has a 25-foot front setback.

07:46:16 RS has 20-foot.

07:46:18 So a reduction of setbacks.

07:46:22 Staff found it consistent.

07:46:23 >> Petitioner?

07:46:26 >> God evening, chairman, council.

07:46:35 I have not been sworn in.

07:46:36 (Oath administered by Clerk)

07:46:41 >> Mark Mobley, 3313 west San Miguel street south.

07:46:51 As Cathy mentioned we are bringing this row zoning before

07:46:54 you, mainly as an effort to maximize the backyard.

07:46:59 They are 50 by 100 lots.

07:47:01 And so it would be existing RM-16 zoning.

07:47:04 There is only a 157-foot backyard.

07:47:06 And we are trying to pick up that extra five feet so they

07:47:10 can have a 20-foot guest in their rear yard.

07:47:16 This area has been downgraded to tray to get most of the

07:47:24 multifamily.

07:47:24 Most people exempted out and this particular property was

07:47:28 exempted out.

07:47:29 >> Thank you very much.

07:47:30 Anyone in the audience care to speak to this item number 8,

07:47:33 Z-13-05?

07:47:35 >> Move to close.

07:47:37 >>CHARLIE MIRANDA: Motion to close by Mrs. Montelione,

07:47:39 second by Mr. Cohen.

07:47:40 All in favor of the motion? Opposed nay?

07:47:43 The ayes have it unanimously.

07:47:45 Mrs. Montelione, would you kindly take number 8, please?

07:47:48 >> I move an ordinance being presented for first reading

07:47:51 consideration, ordinance rezoning property in the general

07:47:54 vicinity of 3407 west Barcelona Avenue in the city of Tampa,

07:47:58 Florida and more particularly described in section 1 from

07:48:01 zoning district classification RM-16 residential multifamily

07:48:06 to RS-50 residential single-family providing an effective

07:48:11 date.

07:48:11 >> Second.

07:48:12 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione, a

07:48:15 second by Mr. Suarez.

07:48:16 All in favor of the motion? Opposed?

07:48:18 The ayes have it unanimously.

07:48:19 >> Motion carried with Mulhern being absent at vote.

07:48:23 Second reading and adoption will be on January 10th at

07:48:26 9:30 a.m.

07:48:27 >> Okay.

07:48:28 We are waiting on the counselors to come in on item number

07:48:31 6, see what they want to do.

07:48:35 >>MARTIN SHELBY: Mr. Chairman, members of City Council, we

07:48:38 are still waiting to hear from Ms. Mandell.

07:48:41 It is possible that we can hold this for a few minutes and

07:48:43 take up an additional item.

07:48:45 >> We'll take a ten-minute additional recess.

07:48:50 (City Council recess)



07:50:14 [Sounding gavel]

08:03:07 >>CHARLIE MIRANDA: City Council is called back into session.

08:03:09 Roll call.

08:03:12 >>MIKE SUAREZ: Here.

08:03:13 >>YVONNE CAPIN: Present.

08:03:14 >>FRANK REDDICK: Here.

08:03:16 >>HARRY COHEN: Here.

08:03:17 >>LISA MONTELIONE: Here.

08:03:18 >>CHARLIE MIRANDA: Here.

08:03:21 Item number 6.

08:03:22 >>MARTIN SHELBY: Mr. Chairman, members of City Council, I

08:03:26 have had the opportunity tonight briefly to discuss some

08:03:29 concerns that I have with Ms. Cole, and we would like to be

08:03:37 able to discuss this further with Mr. Shimberg.

08:03:40 We also had the opportunity to talk with Mr. Davis, and we

08:03:43 believe that Ms. Cole and I -- forgive me, forgive me.

08:03:48 Ms. Mandell.

08:03:49 I do apologize.

08:03:53 Ms. Mandell and Mr. Davis and I need to confer further, and

08:03:56 therefore I believe that Mr. Davis is going to be asking for

08:04:00 a continuance.

08:04:00 Is that correct, sir?

08:04:03 Or did you want to agree to a continuance?

08:04:05 >> Yes, council members, there are issues --

08:04:09 >>CHARLIE MIRANDA: Excuse me.

08:04:09 I know who you are.

08:04:12 You look like a great actor but I need your name.

08:04:15 >> I'm sorry.

08:04:16 Richard Davis, 1530 Amber Lee drive, Tampa, Florida, here

08:04:23 tonight on behalf of Baycare.

08:04:27 And conversations that I have just had with council for City

08:04:30 Council as well as the city attorney's office, I recognize

08:04:33 that there are issues that require further analysis

08:04:36 concerning the application for voting in this matter, and so

08:04:42 we certainly are in agreement with the continuance till --

08:04:46 and I don't know if it January 10th, January 17th.

08:04:50 John 17th to permit the analysis of this issue to be

08:04:55 done that needs to be done, so that everyone feels

08:04:58 comfortable.

08:04:58 That's our main desire, that everyone feels comfortable.

08:05:01 We have a very important project that is critically

08:05:04 important to my client so we want to be able to move forward

08:05:07 in a way that everyone feels comfortable so that date I have

08:05:10 mentioned those dates with my client, and we are fine.

08:05:12 >> Motion to continue this matter till January 17th at

08:05:17 6 p.m.

08:05:18 >> Second.

08:05:19 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by

08:05:21 Mrs. Capin.

08:05:22 Anyone want to speak in favor of this motion?

08:05:25 The critical point is me, and no one wants to say it so what

08:05:31 they are discussing about is whether I have the right to

08:05:33 vote or not.

08:05:34 Let me tell you all something.

08:05:35 I have always voted on everything that's on this sheet right

08:05:38 here, every single one of them.

08:05:42 I have been living here since 1966 and I voted on everything

08:05:47 since I got elected in 1974.

08:05:50 For and against.

08:05:53 And no one is going to quiet me.

08:05:56 You sue me, I sue you.

08:05:58 Thank you very much.

08:05:59 I am not talking about you, Mr. Davis.

08:06:01 No offense meant to anyone.

08:06:03 But I will speak on every zoning matter because I have no

08:06:06 interest, and my land value is zero, I'll be a happy dog.

08:06:11 So I ain't worried about nothing.

08:06:13 In fact, all my properties are under a trust that I have

08:06:17 nothing to do with that.

08:06:18 I'm just telling you, I don't hideaway from nothing.

08:06:20 I don't have no shadows.

08:06:22 I don't have no dark side.

08:06:23 I just say the truth.

08:06:25 I don't want a response.

08:06:27 I'm not talking to you.

08:06:28 You am just making a statement.

08:06:30 Anyone in the audience care to speak on this?

08:06:38 If you don't mind.

08:06:39 >> I want to speak as far as a waste of time tonight as far

08:06:42 as --

08:06:43 >> Your name for the record, sir.

08:06:45 >> I'm sorry, my name is David Lee, I live at 2914 west Lake

08:06:50 Avenue.

08:06:51 I'm sorry about that.

08:06:52 I feel it's a waste of time as far as having us come here

08:06:55 tonight, with -- without everything being said together

08:07:00 beforehand.

08:07:00 I have been here since 6:00, beforehand.

08:07:04 8:05 right now currently.

08:07:06 And in my neighborhood, the average age in our neighborhood

08:07:10 is roughly 65, and that's because I moved in.

08:07:17 I mean, this is actually -- it's criminal what you all are

08:07:21 doing.

08:07:21 Can you imagine anybody else in our neighborhood that would

08:07:24 have been here, 8:10 from 6:00.

08:07:29 Luckily I'm a young one that's actually able to stay here.

08:07:33 And as far as reaching out to a January 17th date, I

08:07:36 mean, I don't understand what the whole reasoning is behind

08:07:40 this.

08:07:42 >>CHARLIE MIRANDA: I understand that.

08:07:44 But there is a process and a procedure so we have to go

08:07:48 through legally.

08:07:49 This is not about this, this is about the future of the

08:07:53 process and I certainly don't want to be -- I am not against

08:07:57 any continuation.

08:07:58 I'll be honest with you.

08:07:59 >> My biggest question, I mean, I don't understand the law.

08:08:04 So --

08:08:05 >>CHARLIE MIRANDA: We can't speak about the law.

08:08:07 All we can speak about is the continuation.

08:08:09 That's all that's on the floor, Mr. Lee.

08:08:11 I hate to tell you the -- to the one to tell you, but I am.

08:08:17 No more.

08:08:18 If you want it continued it's going to be continued.

08:08:21 No more discussion.

08:08:21 I haven't taken the vote.

08:08:23 All in favor of the vote for continuation signify by saying

08:08:26 aye.

08:08:27 Opposed nay.

08:08:27 The ayes have it unanimous.

08:08:29 It's continued to January 17th of the year 2013 at the

08:08:37 next zoning here will be heard the first one.

08:08:43 First item.

08:08:44 It's what I said.

08:08:46 Anything else?

08:08:50 Thank you all for attending.

08:08:51 I'm sorry you have to not hear it but that's the procedures,

08:08:55 and I like to follow those procedures.

08:09:01 I need a motion to receive and file.

08:09:05 I have a motion made by Mr. Suarez, second by Mr. Cohen to

08:09:09 receive and file those documents.

08:09:10 All in favor of the motion please signify by saying aye.

08:09:13 Opposed nay.

08:09:14 The ayes have it unanimously.

08:09:18 Let me see here.

08:09:21 I need one little thing.

08:09:23 I have got to do new business and information from left to

08:09:26 right.

08:09:27 Mrs. Montelione.

08:09:28 >>LISA MONTELIONE: Yes, sir.

08:09:29 I would like to ask Sonya Little, our CFO, to come speak

08:09:37 before council on December 20th, our next regular

08:09:43 scheduled meeting under staff reports at 10 a.m.

08:09:48 >>HARRY COHEN: 10 a.m.

08:09:55 >>LISA MONTELIONE: To speak to us on the tax exempt status

08:09:58 for municipal bonds.

08:10:02 There is a piece of legislation moving through Congress, and

08:10:07 it has the ability -- I haven't read through all of the

08:10:10 materials of that particular piece of legislation, but it

08:10:15 does threaten the tax exempt status of our bonds.

08:10:19 So I would like for her to come and speak to us on that

08:10:21 item.

08:10:21 >>HARRY COHEN: Is there any reason we can't do it at the

08:10:27 first meeting in January?

08:10:29 >>LISA MONTELIONE: I believe time is of the essence.

08:10:31 >> Remember there's going to be a new Congress sworn in in

08:10:34 January.

08:10:34 So are you saying it's going to be taken up by the old

08:10:38 Congress?

08:10:38 >> No.

08:10:39 I want to get the information now so when we come back in

08:10:41 January, at that point, would probably be asking for a

08:10:45 resolution from this council.

08:10:47 So I want to give our folks enough time to do the research

08:10:50 and prepare something for us to pass as a resolution in

08:10:53 January.

08:10:59 >>CHARLIE MIRANDA: Do I have a second?

08:11:00 >>LISA MONTELIONE: What's on the calendar?

08:11:02 >>HARRY COHEN: I don't actually have it in front of me.

08:11:07 If somebody has the calendar.

08:11:09 >> A lot of ceremonials.

08:11:19 >>LISA MONTELIONE: These will be continued.

08:11:22 This will not be heard.

08:11:24 This will not be heard.

08:11:25 So there's two coming off.

08:11:28 All right.

08:11:28 January 10th.

08:11:32 >>CHARLIE MIRANDA: January 10th.

08:11:33 Thank you very much for that.

08:11:34 I appreciate the slack there.

08:11:36 I have a motion by Mrs. Montelione, seconded by Mr. Cohen

08:11:39 for January 10th, will come and present the items

08:11:44 stated.

08:11:45 All in favor of the motion say aye.

08:11:48 The ayes have it unanimously.

08:11:50 Anything else?

08:11:50 Mr. Cohen?

08:11:52 >>HARRY COHEN: No, sir.

08:11:54 >>FRANK REDDICK: Yes, I have one, chair.

08:11:56 And that is I am going to also ask someone from the legal

08:11:59 department to appear before -- and I am going move to

08:12:05 January 10 as well under staff report, to begin with an

08:12:09 interpretation, the ruling that came up today for the United

08:12:13 States Supreme Court pertaining to the noise ordinance.

08:12:21 How can that affect this city and what can we do based on

08:12:24 the rule.

08:12:25 >> Respect.

08:12:27 >> To include an ordinance based on language --

08:12:35 >> A motion by Mr. Reddick with a friendly amendment by Mr.

08:12:38 Suarez.

08:12:40 Second by Mr. Cohen.

08:12:41 All in favor say aye.

08:12:42 Opposed nay.

08:12:43 The ayes have it unanimously.

08:12:44 Anything else, Mr. Reddick?

08:12:47 >>FRANK REDDICK: No, no.

08:12:55 >>YVONNE CAPIN: I have some housekeeping here.

08:12:56 The motion that I stated this motion on the workshop for the

08:13:02 28th, I would like to add legal staff to be part of that

08:13:06 workshop on alcoholic beverage.

08:13:08 I didn't include them, and I think that was --

08:13:13 >>CHARLIE MIRANDA: Motion by Mrs. Capin add legal, second by

08:13:16 Mr. Cohen.

08:13:16 All in favor?

08:13:17 Opposed?

08:13:18 The ayes have it unanimously.

08:13:21 >>YVONNE CAPIN: There's two more things to clean up.

08:13:33 Oh, January 31, when we had the workshop on West Tampa, I

08:13:36 listed different people that will be coming, and in here

08:13:41 there's a correction.

08:13:43 It shows Joe Robinson representing west central

08:13:48 neighborhood, and that's not correct.

08:13:51 And then it has Pete Edwards representing west riverfront

08:13:56 neighborhood, and that's not correct.

08:13:58 So it needs to be corrected.

08:14:01 There are two individuals and then two neighborhood

08:14:04 associations.

08:14:12 It doesn't matter who comes from there.

08:14:14 It's just that they have these people as representing these

08:14:17 neighborhoods.

08:14:17 And that's not correct.

08:14:19 So that has to be corrected.

08:14:22 >>CHARLIE MIRANDA: All right.

08:14:23 >>YVONNE CAPIN: And I will get with them, with the clerk's

08:14:27 office to correct.

08:14:29 >>CHARLIE MIRANDA: All right.

08:14:29 You are going to wait then for the motion?

08:14:32 The motion that won't do much.

08:14:38 Would you care to wait till the next meeting to do that on

08:14:40 the 20th?

08:14:43 >>YVONNE CAPIN: Sure.

08:14:44 >>CHARLIE MIRANDA: I appreciate it very much.

08:14:46 >>YVONNE CAPIN: Then this one here is we passed a resolution

08:14:51 for the EB-5 program, economic development program

08:14:54 incentive, and the task force was to come back to us, and

08:14:58 it's on here, January 24, 2013, and it is not on the

08:15:02 calendar.

08:15:03 And that needs to be corrected.

08:15:07 And I have the resolution here.

08:15:09 >>HARRY COHEN: To report back to us?

08:15:15 >>YVONNE CAPIN: Yes, January 24th was to report back.

08:15:17 That needs to be corrected.

08:15:21 January 24th.

08:15:23 Is it supposed to be at 9 a.m.

08:15:25 Let me look and see here.

08:15:26 It doesn't have a time on here, on the resolution.

08:15:29 Let me get -- I have the September.

08:15:30 I have the original.

08:15:34 Yeah, 24th at 9 a.m.

08:15:36 >> Second.

08:15:36 >> I have a motion by Mrs. Capin, second by Mr. Cohen.

08:15:40 All in favor of that motion?

08:15:41 Opposed?

08:15:42 I don't know about that resolution.

08:15:45 I have never seen it.

08:15:46 >>HARRY COHEN: It's just a report back.

08:15:50 It's not a resolution.

08:15:52 >>YVONNE CAPIN: No, we passed this resolution to bring the

08:15:55 task force forth.

08:15:58 The task force is coming back January 21.

08:16:01 I'm sorry not to be clear on that.

08:16:04 >>CHARLIE MIRANDA: Five minute.

08:16:06 >>YVONNE CAPIN: Yes.

08:16:09 Five minutes?

08:16:11 >>CHARLIE MIRANDA: That's what we said at the retreat.

08:16:21 382 words.

08:16:34 >>CHARLIE MIRANDA: Okay, anything else, Mrs. Capin?

08:16:39 >>YVONNE CAPIN: No.

08:16:40 >>MIKE SUAREZ: I have nothing.

08:16:42 >>CHARLIE MIRANDA: I regret to inform council that I

08:16:44 received a resignation from Gina Grimes as a member of the

08:16:49 citizens advisory council committee, she is in a longer a

08:16:52 resident of the City of Tampa, and it is her intentions that

08:16:55 we appoint Steven Liverpool, Esquire as her replacement and

08:16:58 the resolution shall be prepared for this by me, this is my

08:17:05 appointee and resignation letter from Mrs. Grimes.

08:17:08 >> So moved.

08:17:11 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded

08:17:13 by Mr. Cohen.

08:17:14 All in favor of that motion please indicate by saying aye.

08:17:16 Opposed nay.

08:17:17 Anything else to come?

08:17:18 Anyone in the audience care to speak to us?

08:17:22 Okay.

08:17:25 >>YVONNE CAPIN: I am going add something.

08:17:27 When we said five minutes is that that for every single

08:17:31 workshop?

08:17:31 >> For every single workshop, for every individual that

08:17:34 comes up.

08:17:35 >> For each individual that comes up?

08:17:36 >> Right.

08:17:37 In other words, the mayor wants to come, I am not going to

08:17:40 limit him to five minutes.

08:17:45 >>YVONNE CAPIN: Okay.

08:17:47 I didn't know if it was that day or if it was because --

08:17:52 >>LISA MONTELIONE: Is this coming back as a workshop or as

08:17:54 a report?

08:17:55 >>YVONNE CAPIN: No, it's a report.

08:17:57 Oh, I said workshop. I'm sorry.

08:17:59 But it is a rogue report we are limited to five minutes just

08:18:02 the way our staff reports are.

08:18:03 That's why it's five minutes.

08:18:06 So when they come to deliver the report, the report is five

08:18:09 minutes.

08:18:10 Just like every other report we receive.

08:18:13 >>YVONNE CAPIN: We may have to change that date.

08:18:16 >>CHARLIE MIRANDA: Anything else before this council?

08:18:18 We stand adjourned.

08:19:01 (The council meeting adjourned at 8:19 p.m.)




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