Help & information    View the list of Transcripts


TAMPA CITY COUNCIL
Thursday, March 14, 2013
5:30 p.m.

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



5:24:53PM >>CHARLIE MIRANDA: City Council is called to order.
5:37:01PM Roll call?
5:37:03PM [Roll Call]
5:37:05PM >>MIKE SUAREZ: Here.
5:37:06PM >>YVONNE CAPIN: Present.
5:37:09PM >>HARRY COHEN: Here.
5:37:11PM >>CHARLIE MIRANDA: Here.
5:37:13PM >>CHARLIE MIRANDA: Before we go to item number one, I want
5:37:15PM to read into the record.
5:37:16PM I am currently out of town and regret I will be unable to
5:37:20PM attend Thursday evening's session of City Council.

5:37:22PM That's from Councilwoman Mary Mulhern, district two.
5:37:25PM Okay.
5:37:27PM This is a first public hearing -- item number one is a
5:37:33PM public hearing.
5:37:34PM This is about amending of the Tampa comprehensive plan
5:37:37PM future map use.
5:37:38PM Yes, ma'am?
5:37:40PM >> Thank you, Council.
5:37:41PM Rose Petrucha, Planning Commission staff.
5:37:45PM This particular request for an amendment to the
5:37:47PM comprehensive plan is located in the Port Tampa city area.
5:37:51PM It is a privately initiated amendment.
5:37:53PM The request is to go from heavy industrial to residential
5:37:57PM 10.
5:37:58PM This is a small scale amendment and it only involves about a
5:38:02PM 5,000 square foot lot.
5:38:03PM And the lot is located in the vicinity of 7607 South Desoto
5:38:07PM Street.
5:38:08PM Going to use the Elmo.
5:38:18PM In this particular area, in 2004 and 2005, there were about
5:38:25PM 30 acres of land that were designated as heavy industrial.
5:38:28PM The City Council amended the plan in 2004 and 2005 for the
5:38:36PM four and five plan amendment, changing it to residential 10,
5:38:40PM allowing the areas to be redeveloped for residential infill.
5:38:46PM The particular petitioner's site is located on one lot and

5:38:51PM was not included in these amendments.
5:38:54PM Located again northeast corner of this particular amendment.
5:38:59PM Again, the land areas were amended to residential 10.
5:39:08PM But leaving this one lot as heavy industrial.
5:39:11PM The site, which at the time was owned by the City of Tampa,
5:39:22PM was believed that perhaps the city would be needing this
5:39:25PM land area for a lift station or something of that nature.
5:39:29PM However, the petitioner did purchase this land area in order
5:39:34PM to clean up this site in 2007.
5:39:39PM Has completed the cleanup, having extended water and sewer
5:39:44PM lines and built a road network in this area.
5:39:47PM And a number of residential homes have been built in the
5:39:49PM area.
5:39:50PM The petitioner is requesting this amendment to continue the
5:39:55PM development of residential in this area, because they're not
5:39:58PM able to do it under the heavy industrial land use
5:40:01PM classification.
5:40:02PM Thus, the petitioner has requested this amendment.
5:40:06PM The Planning Commission reviewed this at a public hearing on
5:40:10PM February 11th, found it consistent with the comprehensive
5:40:13PM plan and is consistent with the policy direction of the
5:40:16PM Council in allowing this area to be redeveloped for
5:40:20PM residential land uses.
5:40:21PM The finding of consistency was made and the Planning
5:40:26PM Commission recommends the approval of this amendment.

5:40:29PM That completes my presentation.
5:40:34PM >>CHARLIE MIRANDA: Petitioner?
5:40:39PM >> My name is David Schifino.
5:40:47PM >>CHARLIE MIRANDA: And that's it?
5:40:48PM [ Laughter ]
5:40:48PM >> If any questions.
5:40:49PM It was left out.
5:40:50PM When we did the other 30 acres, this one 50-by-100-foot lot,
5:40:55PM whatever reason was left out and as we were selling it, it
5:40:58PM suddenly popped up and said oops, you know, you got a one
5:41:04PM hundred foot lot that's still heavy industrial.
5:41:08PM You can build a gas station if you want, but we want to
5:41:10PM build a house.
5:41:11PM >>CHARLIE MIRANDA: Thank you very much.
5:41:14PM Anybody in the audience care to speak on this item?
5:41:17PM Item number one?
5:41:18PM I see no one.
5:41:19PM Have a motion to close by Mr. Reddick, second by Mr. Cohen
5:41:23PM to close all in favor of the motion, please indicate by
5:41:26PM saying aye.
5:41:26PM Pope opposed nay.
5:41:29PM The ayes have it unanimously.
5:41:29PM Mr. Suarez, would you kindly read number one please?
5:41:33PM >>MIKE SUAREZ: Thank you, chair.
5:41:34PM I present ordinance for first reading, an ordinance amending

5:41:36PM the Tampa comprehensive plan future land use map, for the
5:41:40PM property located in the general vicinity of 7607 South
5:41:43PM Desoto Street, from heavy industrial, HI, to residential 10,
5:41:48PM R-10, providing for repeal of all ordinances in conflict,
5:41:53PM providing for severability, providing an effective date.
5:41:56PM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, second bring
5:41:58PM Reddick.
5:41:59PM Further discussion by Councilmembers?
5:42:00PM All in favor of the motion, please indicate by saying aye.
5:42:02PM Opposed nay.
5:42:03PM The ayes have it unanimously.
5:42:05PM >> Motion carried with Mulhern being absent.
5:42:08PM Second reading and adoption will be April 4th at 9:30 a.m.
5:42:11PM >>CHARLIE MIRANDA: This Council will be in recess till 6:00.
5:42:15PM >> Mr. Chairman, correction, the second reading will be
5:42:18PM 10:30 a.m. on April 4th.
5:42:20PM >>CHARLIE MIRANDA: The year 2013.
5:42:21PM Thank you very much, sir.
5:42:22PM Thank you very much.
5:42:23PM We stand in recess till 6:00.
5:42:24PM [ RECESS ]
5:42:26PM >>CHARLIE MIRANDA: City Council is called to order.
6:03:49PM Roll call?
6:03:50PM [Roll Call]
6:03:51PM >>MIKE SUAREZ: Here.

6:03:52PM >>YVONNE CAPIN: Present.
6:03:54PM >>FRANK REDDICK: Here.
6:03:56PM >>HARRY COHEN: Here.
6:03:57PM >>LISA MONTELIONE: Here.
6:03:58PM >>CHARLIE MIRANDA: Here.
6:03:58PM Okay.
6:04:00PM These are all public hearings today.
6:04:02PM They're all quasi-judicial proceedings.
6:04:04PM That means anyone who has any intent to speak, wishes, even
6:04:08PM think about speaking should be sworn in.
6:04:11PM These are items through 13.
6:04:13PM I'm going to ask the Council to open the hearings between 2
6:04:16PM and 13.
6:04:16PM I need a motion.
6:04:17PM Motion by Mr. Suarez.
6:04:19PM Second by Mr. Cohen to open the hearings 2-13.
6:04:22PM Fall favor of the motion, signify by saying aye.
6:04:24PM Opposed nay.
6:04:25PM The ayes have it unanimously.
6:04:26PM All those who are here who are going to speak or have the
6:04:30PM intent of speaking, please be sworn in by the clerk.
6:04:35PM [Oath administered by Clerk]
6:04:47PM >>CHARLIE MIRANDA: Okay.
6:04:47PM Item number 2.
6:04:53PM >> Jolly Sousa, Land Development Coordination.

6:04:55PM Case is V 12-267.
6:04:59PM The applicant is requesting a continuance to the may
6:05:02PM 16th hearing.
6:05:04PM I know it says on the agenda the 4-18 hearing date.
6:05:07PM But he has instructed me he will not be in town so he's
6:05:10PM requesting the may 16th hearing date.
6:05:15PM >>CHARLIE MIRANDA: Petitioner?
6:05:17PM >> Good evening, Mr. Chairman, members of council, my name
6:05:20PM is Mark Bentley, 201 North Franklin Street.
6:05:24PM I have been sworn.
6:05:25PM Yes, we're requesting a date to May 16.
6:05:25PM I notified the civic association president on Monday of the
6:05:28PM request for a continuance.
6:05:29PM And the reason is, parking was an issue, as you all recall,
6:05:33PM in connection with the proposed project.
6:05:35PM And we're at this point in time undergoing the city's
6:05:39PM administrative review process to sanction parking for the
6:05:42PM facility.
6:05:44PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
6:05:46PM the continuation portion only, on item number 2, from
6:05:49PM today's date to May 16th, 2013 at 6:00?
6:05:53PM >>HARRY COHEN: Mr. Chair?
6:05:57PM >>CHARLIE MIRANDA: Mr. Cohen?
6:05:59PM >>HARRY COHEN: The 16th is a day meeting.
6:06:02PM So you're now requesting to come back in the night meeting?

6:06:05PM >> I'm fine with the day.
6:06:07PM >>HARRY COHEN: I know.
6:06:07PM Mr. Shelby?
6:06:13PM >>MARTIN SHELBY: I believe because this, if I'm correct,
6:06:15PM this is an alcoholic beverage special use, which I believe
6:06:18PM the last time was scheduled was scheduled for the day and
6:06:21PM was continued for the night meeting, but there is no
6:06:23PM requirement that it has to be set for a night meeting.
6:06:25PM So it would be set, if Council were to set that date of the
6:06:30PM 16th of May, it would be at 10:30 in the morning when you
6:06:35PM would hear the other alcoholic beverages.
6:06:38PM >> Ms. Feeley is shaking her head.
6:06:40PM >> The case originated in the morning.
6:06:42PM It's been going on for a few months.
6:06:44PM To be accommodating, you had allowed us to go forward
6:06:48PM tonight, to get us on the next available.
6:06:53PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
6:06:56PM this continuance only, portion of continuation of the
6:07:01PM continuation to May 16th.
6:07:03PM >> I see no one.
6:07:05PM >> Move to close.
6:07:06PM >>CHARLIE MIRANDA: No, we're going to move to continue it to
6:07:08PM May 16th, 10:30.
6:07:11PM Seconded by Mr. Cohen.
6:07:13PM All in favor of that motion, please indicate by saying aye.

6:07:14PM Opposed nay.
6:07:16PM The ayes have it unanimously.
6:07:18PM This hearing is continued to May 16th at 10:30 in the
6:07:20PM morning, year 2013.
6:07:22PM Okay, go to item number 3.
6:07:23PM >> ABBYE FEELEY: Good evening, Abbye Feeley, Land
6:07:43PM Development Coordination.
6:07:44PM Your first case this evening is Z12-59.
6:07:47PM It's located at 3603, 3605, 3613 South MacDill Avenue, 3101,
6:07:56PM 3103 West Euclid Avenue.
6:07:58PM The request for rezoning tonight is from PD, planned
6:08:02PM development, residential single-family to PD planned
6:08:06PM development residential single-family semi-detached and
6:08:09PM detached.
6:08:14PM >> Good evening, Councilmembers.
6:08:16PM I'm David Hay with your Planning Commission staff and I have
6:08:19PM been sworn.
6:08:19PM The first case this evening is located in the South Tampa
6:08:24PM planning area.
6:08:25PM The South Tampa planning area is home to MacDill Air Force
6:08:26PM Base and contains some of the city's most established
6:08:30PM residential neighborhoods.
6:08:32PM I will move on to the aerial.
6:08:34PM As usual, you can see the subject site in the center of the
6:08:38PM map.

6:08:38PM You can also see the predominant single-family residential
6:08:42PM development pattern within the surrounding area, with some
6:08:45PM multi-family and single-family attached residential uses to
6:08:49PM the north, south, west and east.
6:08:51PM Next we move on to the future land use map.
6:08:55PM As you can see on the future land use map, the categories,
6:08:59PM land use categories have recognized the intensity of the
6:09:01PM MacDill Avenue corridor, by allowing for consideration of
6:09:05PM additional density adjacent to the corridor.
6:09:08PM Above what is allowed to be considered internal to the
6:09:11PM single-family detached neighborhoods to the west of the
6:09:14PM subject site.
6:09:14PM The subject site, including parcels immediately to the
6:09:17PM south, east and north, have all been designated residential
6:09:19PM 20.
6:09:20PM Further south, we can see the community mixed use 35.
6:09:24PM In the dark pink color at the bottom center of the map.
6:09:26PM The subject site and property's directly to the north,
6:09:30PM south, east are designated commercial 35.
6:09:33PM Properties to the west of the subject site including parcels
6:09:36PM further west along -- forget that.
6:09:42PM The Planning Commission staff found that the proposed
6:09:44PM rezoning is comparable to the existing and planned
6:09:47PM development patterns envisioned for this portion of South
6:09:50PM MacDill Avenue.

6:09:51PM The rezoning would allow for the redevelopment of
6:09:54PM underutilized parcels allowing for additional housing
6:09:57PM options within the south Tampa planning area.
6:09:59PM Plannings commission staff also found the rezoning meets the
6:10:02PM general residential design guidelines within the
6:10:04PM comprehensive plan, for single-family attached and
6:10:06PM multi-family housing as the units are oriented towards
6:10:10PM MacDill Avenue and have provided appropriate buffering and
6:10:13PM screening to the single-family residential use to the west.
6:10:16PM Therefore, based on all that, Planning Commission staff
6:10:20PM finds the request consistent with the Tampa comprehensive
6:10:22PM plan.
6:10:31PM >>ABBYE FEELEY: Thanks, David.
6:10:33PM As I previously stated, this is a request to rezone from PD,
6:10:44PM planned development, residential single-family to PD planned
6:10:48PM development residential sing gam family semi detached and
6:10:51PM detached.
6:10:52PM This parcel was previously rezoned.
6:10:54PM It had two separate PDs back in 2006 and there were a
6:10:58PM total of 19 units.
6:10:59PM I just wanted to make that correction because my staff
6:11:01PM report has said 16.
6:11:05PM So, and I did happen to bring those with me.
6:11:13PM It was a north piece at Waverly and MacDill, then a south
6:11:22PM piece at Euclid and MacDill.

6:11:24PM And those went together to form one piece.
6:11:26PM So I just wanted to do that.
6:11:30PM What they are here before you tonight is to rezone this
6:11:36PM property once more for six, what we would refer to as
6:11:41PM duplexes or single-family semi-detached, which is two units
6:11:45PM apiece.
6:11:46PM And then one single-family residence.
6:11:48PM I'll go through that and the site plan a little bit more for
6:11:51PM you.
6:11:52PM There are four waivers being requested this evening.
6:11:54PM The first is section 1345 G2B, to remove a 58-inch
6:11:59PM nonhazardous grand camphor and also a 44-inch grand oak.
6:12:04PM If I just may elaborate.
6:12:08PM A camphor is an invasive species.
6:12:11PM Due to the size of the tree, it's a protected tree within
6:12:14PM the city, but it is invasive.
6:12:15PM Therefore, there was no objection from natural resources for
6:12:21PM that.
6:12:21PM The second part to that is that the 44-inch grand is in
6:12:25PM pretty bad shape and given the proximity of the development
6:12:28PM being proposed, it would not withstand that.
6:12:30PM It probably has hazardous elements to it right now, so I did
6:12:34PM confirm that with Cathy Beck before coming this evening.
6:12:37PM Waiver number two is to remove more than 50% of the
6:12:40PM protected trees.

6:12:42PM That would be for a four percent retention instead of 50%.
6:12:46PM The third is to reduce the internal vehicle use area buffer
6:12:49PM along the north from 3-foot to zero foot for a total of 180
6:12:54PM square feet.
6:12:55PM I can show you where that is on the site plan as well.
6:12:58PM And lastly was to increase the fence height in the front
6:13:01PM yard from 4-foot to 5-foot.
6:13:05PM Decorative metal fence which is transparent or three foot
6:13:09PM decorative fence above a two foot high knee wall.
6:13:13PM Let me go ahead and show you the zoning atlas.
6:13:18PM You'll see the subject PD in green.
6:13:22PM There's RS-60 both sides.
6:13:25PM There's a PD just to the south of here that we rezoned I
6:13:30PM think back in 2006 or 7 for an office.
6:13:33PM There are also other PDs and RM-16 mixes throughout the
6:13:39PM MacDill corridor.
6:13:40PM You may remember last Monte, we did a recent PD up at El
6:13:45PM Prado and MacDill for eight town homes as well.
6:13:49PM David showed you the aerial.
6:13:53PM Here again is a shot.
6:13:55PM Waverly to the north.
6:13:56PM This little dog leg here, that's where the single-family
6:13:59PM residence would be.
6:14:01PM On your site plan, with a one way entry in on MacDill and
6:14:04PM one way exit out on Euclid.

6:14:06PM And the town home, the six semi-detached being oriented to
6:14:14PM MacDill with the aisle behind them.
6:14:17PM I'm going to show you some pictures.
6:14:20PM Start at that north corner on Waverly, move down MacDill
6:14:23PM on to Euclid and then I'll work my way back up the eastern
6:14:28PM side and show you lastly some pictures on Waverly.
6:14:32PM This is from the intersection of Waverly and MacDill.
6:14:39PM Looking south.
6:14:41PM Approaching MacDill.
6:14:47PM It would be MacDill here.
6:14:48PM Looking directly south at the property.
6:14:50PM This is from MacDill looking west.
6:14:55PM Moving south on MacDill, still looking west.
6:14:58PM This is the subject property.
6:14:59PM These single-family residences will be removed.
6:15:03PM Still looking, moving south.
6:15:12PM This is at the north approaching the northwest corner of
6:15:16PM MacDill and Euclid.
6:15:18PM Corner of MacDill and Euclid.
6:15:25PM Now turning on to Euclid.
6:15:26PM Now moving west on Euclid.
6:15:30PM This would be the end of the property, subject property.
6:15:35PM This is further to the west on Euclid.
6:15:38PM The south side of Euclid.
6:15:41PM Now moving back toward MacDill.

6:15:44PM That is the small PD for the office I referred to at the
6:15:50PM southwest corner.
6:15:51PM The southeast corner of MacDill.
6:15:57PM And Euclid.
6:15:59PM Another shot of that.
6:16:00PM Now moving back up MacDill, the large site.
6:16:03PM Predominantly some single-family within the area,
6:16:07PM multi-family.
6:16:10PM Moving up MacDill, almost at the intersection of Waverly.
6:16:15PM At the -- this is the northeast corner of MacDill and
6:16:24PM Waverly.
6:16:25PM That is Waverly looking toward Bayshore.
6:16:29PM And that's the northwest of MacDill and Waverly directly
6:16:34PM to the north of the subject property.
6:16:36PM This is directly to the west of the subject property on
6:16:42PM Waverly, south side of Waverly.
6:16:44PM And here, these are also on Waverly right in that moving
6:16:48PM area.
6:16:49PM As I mentioned, the request before you tonight is for six
6:16:56PM duplexes, which would be 12 units and one single-family
6:17:00PM detached home.
6:17:01PM The units will be oriented toward South MacDill.
6:17:04PM Proposed setbacks are north 15 feet, south 18 feet, adjacent
6:17:08PM to Euclid.
6:17:10PM West, 12-foot adjacent to residential and east 17-foot

6:17:13PM adjacent to South MacDill.
6:17:14PM Total of 29 parking spaces are required and 29 spaces are
6:17:18PM being provided.
6:17:19PM Through two car garages.
6:17:22PM Then you may see on your site plan, there are three visitor
6:17:25PM spaces parallel spaces along that main drive.
6:17:28PM Each unit will have a two car garage and a parking pad.
6:17:31PM Ingress will be on MacDill with egress on west Euclid.
6:17:36PM Elevations have been provided.
6:17:37PM There were minor modifications.
6:17:41PM The first I just need them to re-do the waivers that as I
6:17:44PM have them listed to reference the new code sections.
6:17:47PM Second, transportation needs those small extensions as shown
6:17:53PM in the staff report, removed.
6:17:56PM They could not be green spaced because they will be
6:17:59PM maneuvering for vehicles there, so that needs to be removed.
6:18:01PM It could be textured pavement.
6:18:04PM And lastly, there was a comment from stormwater that this
6:18:08PM will be reviewed under commercial standards at the time of
6:18:11PM permitting.
6:18:12PM With that, staff is available for any questions.
6:18:16PM If these modifications are made in between first and second
6:18:19PM reading, the application will be considered consistent.
6:18:22PM >>CHARLIE MIRANDA: Thank you.
6:18:22PM Any questions from Councilmembers?

6:18:24PM Petitioner?
6:18:25PM >> Good evening, Truett Gardner, 400 North Ashley Street.
6:18:28PM First and foremost, want to thank Abbye for all her time on
6:18:32PM this.
6:18:33PM We are absolutely fine, the request, changes between first
6:18:35PM and second reading and will comply with those.
6:18:38PM She gave a very comprehensive summary of our request.
6:18:40PM I just want to underscore two points.
6:18:43PM One is the fact that we're reducing from a total of 19 units
6:18:46PM down to 13.
6:18:47PM And then second, when you look at that stretch of MacDill,
6:18:51PM which I actually live very close to there.
6:18:53PM And know it well.
6:18:54PM There's predominance of multi-family in that area.
6:18:57PM And couple other points I just wanted to address.
6:19:01PM We strived hard to work with staff as well as the neighbors.
6:19:04PM Everybody that we have talked to has had some questions.
6:19:07PM One of which I want to address, which is the tree issue.
6:19:10PM But once we meet with them, talk to them, they're fine.
6:19:13PM And for the record, I wanted to submit four letters of
6:19:17PM support from immediately adjacent property owners and
6:19:19PM there's a couple people here tonight to speak in support.
6:19:26PM And then the other issue I just wanted to briefly address is
6:19:34PM the tree issue.
6:19:36PM In our request, we had publicly noticed removal of two

6:19:39PM protected trees.
6:19:40PM One is the camp fore, which as Abbye explained is an
6:19:44PM invasive species and actually owner of that property is here
6:19:48PM tonight if you would like to discuss how invasive that has
6:19:50PM been.
6:19:51PM Then secondly is this oak tree which Cathy Beck urged us --
6:19:53PM actually, our original plan incorporated that tree at the
6:19:58PM city's urging.
6:19:59PM We had an arborist come out.
6:20:01PM If anybody would like it, should be in the record.
6:20:03PM This is the arborist's report on that tree.
6:20:06PM And that's the gist of it.
6:20:08PM Russ Versaggi is the developer.
6:20:14PM He's here.
6:20:15PM I want him to briefly go over the design.
6:20:17PM We're not aware of any opposition.
6:20:20PM But I just wanted to give an overview of what he has in mind
6:20:23PM for this project.
6:20:27PM >> I'm Russ Versaggi, 720 south Orleans.
6:20:32PM I have been sworn in.
6:20:33PM Basically just wanted to talk to you very briefly about the
6:20:35PM design.
6:20:36PM We're going from a, what was approved 19 three-story
6:20:40PM townhouses to 13 two-story.
6:20:44PM And the design is one that we have found is a marketable

6:20:51PM product.
6:20:51PM It's actually being designed for multi-generational
6:20:54PM households, where you have a, perhaps an aging parent.
6:20:58PM There's going to be a little, we'll call it granny flat
6:21:02PM above the detached two car garage.
6:21:04PM And we're going to orient the coming and going from that the
6:21:12PM same way that the residents will -- I've got a couple photos
6:21:17PM I could probably show you of an already built product.
6:21:21PM Show you basically the architectural design and fencing
6:21:33PM along the front, which will be facing MacDill.
6:21:36PM The courtyard area that I referred to between the garage and
6:21:39PM the -- the structure in the back here is the two car garage
6:21:46PM facing the rear drive aisle.
6:21:48PM And there will be living quarters, about 500 square feet
6:21:52PM for, you know, an individual to live there.
6:21:57PM Somewhat independently from the household.
6:21:59PM And this courtyard will be shared, you'll see the doorways
6:22:04PM and the stairs leading up to it, so it's not going to be --
6:22:07PM I know there were some neighbor concerns about possibly
6:22:12PM people renting that and it's not only not zoned for that
6:22:17PM type of a multi-family, but because they're going to be
6:22:23PM coming and going and sharing this courtyard space with the
6:22:25PM main household, I think there will be very little to none of
6:22:30PM that.
6:22:30PM And we'll have it in the HOA that we're not going to permit

6:22:33PM any renting separately of that residential area above it.
6:22:38PM So we think that that design as well as the courtyard is a
6:22:43PM more marketable product than what we have previously had
6:22:47PM designed.
6:22:48PM And we're hoping that the market now as it is recovering
6:22:52PM will be able to embrace this product.
6:22:55PM Last thing I'll tell you about, the design, Abbye had
6:22:58PM mentioned they're semi detached.
6:23:02PM They're duplexes.
6:23:03PM Basically there are two townhouses with six feet of green
6:23:07PM space between them.
6:23:08PM Then the next two green space, six feet and then the next
6:23:13PM two, on down MacDill that way.
6:23:15PM And we think that that not only creates a nice rhythm and
6:23:20PM some open spaces between the townhouses, it avoids the
6:23:25PM typical solid wall, if you will, of townhouses that have no
6:23:31PM separation.
6:23:32PM So I'll be here to answer any questions anybody might have
6:23:36PM on any of the design or site plan issues.
6:23:39PM Thank you.
6:23:40PM >>CHARLIE MIRANDA: Any questions for Councilmembers?
6:23:42PM Ms. Montelione?
6:23:44PM >>LISA MONTELIONE: Just one.
6:23:44PM And it's just to clarify in my mind because I'm looking at
6:23:49PM the eight plan and the 44-inch oak that's being removed,

6:23:52PM that Abbye talked about being hazardous and in the report,
6:23:57PM it looks like it's within the building envelope.
6:23:59PM So, that sentence where it says 44-inch grand oak tree that
6:24:06PM will become a hazard due to proposed development, that can
6:24:10PM become a hazard to proposed development because it's within
6:24:13PM the foot -- it would be in somebody's kitchen.
6:24:15PM >> We actually, our prior version of the site plan kept that
6:24:19PM tree.
6:24:19PM And then at Cathy's urging we got the arborist report.
6:24:23PM So then that removed it.
6:24:25PM Then we decided as a result of that report, to place a --
6:24:29PM >>LISA MONTELIONE: In my mind, I couldn't, I couldn't, you
6:24:31PM know, bring the two together, with the site plan I'm looking
6:24:34PM at and the line in the report I'm reading just didn't make
6:24:38PM sense.
6:24:38PM Thank you.
6:24:39PM >>CHARLIE MIRANDA: Any other questions?
6:24:40PM Anyone in the audience care to speak on item number three?
6:24:43PM Please come forward.
6:24:44PM Item number three.
6:24:46PM Z12-59.
6:24:48PM I see no one.
6:24:52PM >> Move to close.
6:24:53PM >>CHARLIE MIRANDA: Motion to close by Ms. Capin, second by
6:24:55PM Cohen.

6:24:56PM All in favor of that motion, please indicate by saying aye.
6:24:57PM Opposed nay.
6:24:59PM The ayes have it unanimously.
6:25:00PM Hearing is now closed.
6:25:02PM Ms. Capin, would you kindly take this ordinance for first
6:25:05PM reading?
6:25:06PM >>YVONNE CAPIN: I will.
6:25:07PM An ordinance being presented for first reading
6:25:17PM consideration, an ordinance rezoning property in the general
6:25:19PM vicinity of 3603, 3605, and 3613 South MacDill Avenue and
6:25:25PM 3101 and 3103 West Euclid Avenue in the City of Tampa,
6:25:32PM Florida, and more particularly described in section 1, from
6:25:34PM zoning district classifications, PD, planned development,
6:25:38PM residential single-family attached, to PD planned
6:25:41PM development, residential single-family semi-detached and
6:25:45PM detached, providing an effective date.
6:25:49PM >> Second.
6:25:49PM >>CHARLIE MIRANDA: Have a motion by Mrs. Capin, second by
6:25:52PM Mr. Suarez.
6:25:53PM Further discussion by Councilmembers?
6:25:54PM All in favor of the motion, please indicate by saying aye.
6:25:55PM Opposed nay.
6:25:56PM The ayes have it unanimously.
6:25:57PM Clerk?
6:25:59PM >>THE CLERK: Motion carried with Mulhern being absent.

6:26:01PM Second reading and adoption will be April 4th at 9:30 a.m.
6:26:05PM >>CHARLIE MIRANDA: Thank you a all very much for attending.
6:26:08PM Okay, Gee to item number 4.
6:26:15PM >> Thank you, Council, Abbye Feeley, land development.
6:26:19PM Item 4 is a special use request for you located at 4715 west
6:26:23PM Ballast Point Boulevard.
6:26:25PM The request before you is for parking off street commercial
6:26:29PM in a residential district.
6:26:38PM >> Good evening, Councilmembers.
6:26:40PM I'm David Hay with your Planning Commission staff and I have
6:26:43PM been sworn.
6:26:44PM For the next case we stay down in the south Tampa planning
6:26:47PM district.
6:26:47PM This time we move south down to the intersection of
6:26:50PM Westshore Boulevard and West Ballast Point Boulevard in the
6:26:54PM Gandy Sun Bay South neighborhood.
6:26:55PM Next we move on to the aerial.
6:26:59PM The subject site as always is in the center of the map.
6:27:02PM You can see the predominant single-family detached
6:27:04PM residential pattern to the east.
6:27:06PM You can see the mixture of commercial and multi-family
6:27:09PM residential lining Westshore Boulevard.
6:27:11PM At the top of the aerial, you can see the predominantly
6:27:15PM commercial uses lining Gandy Boulevard.
6:27:17PM Further to the west, you can see some of the vacant land

6:27:20PM associated with Rattlesnake Point.
6:27:23PM Next on to the future land use map, the subject site and
6:27:27PM properties located to the east are all planned at
6:27:30PM residential 10.
6:27:31PM Westshore Boulevard has two predominant land use categories.
6:27:35PM Community mixed use 35, along the east side and urban mixed
6:27:38PM use 60 on the west.
6:27:40PM The Planning Commission staff found that the proposed
6:27:43PM special use would allow for the expansion of an existing
6:27:46PM business.
6:27:47PM The proposed parking area has mitigated for some of its
6:27:50PM intensity by limiting access to the commercial parcel to the
6:27:53PM west.
6:27:53PM And eliminating direct access on to West Ballast Point
6:27:56PM Boulevard.
6:27:58PM Overall Planning Commission staff did find the special use
6:28:00PM request consistent with the Tampa comprehensive plan.
6:28:03PM One issue of clarification, Planning Commission staff at the
6:28:06PM time of the filing of the Planning Commission report had a
6:28:10PM concern regarding the waiver to buffering and screening
6:28:14PM requirements along the east side of the parcel.
6:28:17PM Due to existing trees on-site, Planning Commission staff is
6:28:20PM no longer opposed to that waiver request.
6:28:23PM >>CHARLIE MIRANDA: Thank you very much.
6:28:30PM >>ABBYE FEELEY: Thanks, David.

6:28:31PM The property is located -- Abbye Feeley, land development.
6:28:35PM Property located 4715 West Ballast Point and the request is
6:28:39PM for off-street commercial to provide a continuation of a
6:28:42PM commercial parking lot to the west and serve the commercial
6:28:45PM use as located along South Westshore Boulevard.
6:28:47PM It does have an RS-75 zoning and R-10 land use, which does
6:28:54PM permit the parking lot of a special use.
6:28:55PM There are two waivers.
6:28:56PM The first is to allow a six foot wood fence along the north
6:28:59PM property line in lieu of the six foot masonry wall.
6:29:03PM That's where the two large trees are you'll see on your site
6:29:05PM plan.
6:29:06PM And that is adjacent to -- retention pond is to the south.
6:29:14PM Yeah, there's a pump station.
6:29:20PM Thank you.
6:29:21PM And then to the east, they're asking for a 12-foot buffer
6:29:27PM with a six foot PVC fence adjacent to the residential.
6:29:32PM Since this will be parking, there is no storage or anything
6:29:35PM of vehicles going on there.
6:29:36PM Staff didn't have any problem with that waiver.
6:29:39PM Go ahead and show you now -- here is the zoning atlas.
6:29:48PM The large PD just south of the subject site along Ballast
6:29:51PM Point is a City of Tampa stormwater retention pond.
6:29:55PM There is another PD for some town homes just to the south.
6:30:00PM You'll see this is all commercial intensive.

6:30:02PM Just north of the site.
6:30:04PM And immediately to the west of the site, there's commercial
6:30:07PM general to the southwest of the site.
6:30:09PM Little closer aerial for you, subject shown in yellow,
6:30:17PM Ballast Point to the south, Westshore Boulevard to the west,
6:30:20PM price to the north.
6:30:20PM This is the use that it will be serving.
6:30:23PM They do have a small parking area here.
6:30:26PM You see on the site plan that's proposed, the access to this
6:30:29PM parking is going to be through the existing access land
6:30:34PM Ballast Point.
6:30:35PM It will not introduce another access ingress egress for
6:30:39PM commercial on to the street there.
6:30:41PM Show you some photos of the site.
6:30:45PM This is the subject site from Ballast Point looking north.
6:30:49PM Moving west toward Westshore, here is the existing
6:30:53PM commercial parking.
6:30:54PM Like I said this is where the access will be through this
6:30:58PM driveway.
6:31:00PM Here's the building.
6:31:01PM Further west at the corner of Westshore and Ballast Point,
6:31:05PM looking back towards the site.
6:31:07PM This is the site from Westshore that will be served.
6:31:09PM Was early in the morning, I was out here, these are a little
6:31:13PM dark.

6:31:14PM This is just to the north, that's just to the north of this
6:31:21PM piece on Westshore.
6:31:22PM This is the property immediately to the east of the subject
6:31:24PM property.
6:31:24PM This is also on the north side of Ballast Point.
6:31:29PM This is the south side immediately adjacent to the retention
6:31:32PM pond.
6:31:33PM There's the city retention pond.
6:31:35PM Here's a little bit lighter.
6:31:37PM Sun was coming up.
6:31:38PM This is the southwest corner of Westshore and Ballast Point.
6:31:42PM Immediately across on the west side of Westshore.
6:31:45PM Also on the west side of Westshore.
6:31:48PM And it's probably hard to see looking back south at that
6:31:52PM retention pond.
6:31:53PM The subject property is 75 by 150, for 11,250 square feet.
6:32:04PM An additional 17 spaces is being proposed, but you'll see on
6:32:07PM your site plan, there's a notation that they are going to
6:32:10PM build at a minimum ten and then may elect to build up to the
6:32:14PM 7 is.
6:32:14PM They may only need the ten to serve their business.
6:32:17PM So, they have the opportunity to minimize and don't have to
6:32:20PM build the entire 17 spaces.
6:32:23PM There were two modifications being requested by natural
6:32:26PM resources.

6:32:27PM The first is that the 13-inch right-of-way tree being
6:32:31PM removed be lifted as removed tree in the tree table.
6:32:36PM And then also that adequate protection for the 27-inch oak
6:32:40PM on the south property line, that the ponds needed to be
6:32:45PM reconfigured in order to ensure that there was a clear
6:32:48PM 20 feet from that.
6:32:49PM So they're asking that those two modifications be made in
6:32:52PM between first and second reading.
6:32:54PM Staff did provide for you the off-street parking standards
6:32:57PM for the special use.
6:32:59PM The first is that it is immediately adjacent to the use that
6:33:03PM its serving.
6:33:04PM That standard has been met.
6:33:05PM The second is that it is located, the uses the serving is
6:33:09PM located in office or commercial district.
6:33:11PM The use this lot will be serving is located in a commercial
6:33:15PM intensive district.
6:33:17PM And then lastly, if, in the residential district, it shunt
6:33:22PM extend more than a hundred feet and it does not.
6:33:24PM It's only 75 feet from the property that it serves.
6:33:27PM So those standards have been met.
6:33:29PM Also, there shall be no storage of vehicles, open storage,
6:33:35PM commercial trucks or vans, more than 5,000 pounds, that
6:33:38PM standard will also be met.
6:33:40PM Lastly, that it be screened from the residential adjacent

6:33:44PM uses.
6:33:45PM As I did state, there are two minor waivers to those
6:33:48PM criteria.
6:33:48PM If the modifications are made in between first and second
6:33:51PM reading, staff will find this request consistent and I am
6:33:55PM available for any questions.
6:33:56PM Thank you.
6:33:56PM >>CHARLIE MIRANDA: Thank you very much.
6:33:56PM Petitioner?
6:34:01PM >> Good evening, Council.
6:34:02PM Thank you, Abbye Feeley and the DRC for all the help.
6:34:07PM I'm Jim Truex, 17402 Brown Road.
6:34:11PM I have been sworn in.
6:34:13PM I represent my client Interbay air compressors.
6:34:17PM Interbay has been in business in this Westshore area for 31
6:34:20PM years.
6:34:21PM They've been at the present location for 16.
6:34:23PM They have owned this lot for 12 years now.
6:34:28PM We're just requesting off-street parking, like Abbye
6:34:33PM mentioned.
6:34:33PM Only thing I want to add, we did meet with the Gandy civic
6:34:36PM association and they have no objections to it, as long as we
6:34:40PM are in compliance with the stormwater drainage required by
6:34:43PM the City of Tampa and as long as they're no viable
6:34:47PM objections from the neighbors.

6:34:48PM And also wanted to submit a letter in support from the
6:34:52PM property that is directly east of us.
6:35:08PM And that's pretty much it.
6:35:11PM >>CHARLIE MIRANDA: Thank you very much.
6:35:12PM Anyone -- anyone in the audience care to speak on this item?
6:35:17PM Item number 4.
6:35:18PM Please come forward.
6:35:28PM >> Good evening.
6:35:28PM My name is Lenox Stevens.
6:35:31PM I've been sworn in.
6:35:32PM I reside at 4704 West Ballast Point Boulevard.
6:35:38PM I'm a neighbor of this property.
6:35:40PM And we spoke about this, a lot of the neighbors had
6:35:46PM conversations about this from time to time.
6:35:48PM And as it turns out, the present owners did own the property
6:35:53PM for that length of time.
6:35:54PM I think what really incensed a lot of neighbors was the fact
6:35:58PM that the property itself was -- there was a house there.
6:36:03PM The house was torn down.
6:36:04PM We all thought at first, well, maybe that's not sump a good
6:36:08PM thing, but maybe they'll build a new house in there, which
6:36:10PM is what our hopes were.
6:36:12PM Then the house never came in and they started using the
6:36:14PM property for parking, apparently without City Council
6:36:17PM approval, or any right to do so.

6:36:22PM That parking lot lasted many years, which again incensed a
6:36:26PM lot of neighbors in my neighborhood.
6:36:28PM When this issue came up, evidently someone finally had seen
6:36:32PM a number of things going on in there and I guess they had
6:36:35PM called the city and asked the city to look into the matter.
6:36:38PM Then I believe that when that came to be, they were asked to
6:36:44PM no longer park there.
6:36:45PM Now I believe after all this time, them having taken upon
6:36:48PM themselves to park in that lot without permission, now they
6:36:52PM want to go and do this legally.
6:36:55PM So, petition was circulated in our neighborhood.
6:36:58PM And I think, you know, we'd like you folks to have this,
6:37:04PM because there are like 16 names there.
6:37:06PM We couldn't get a number were away on vacation.
6:37:09PM If I could take a moment and read this.
6:37:11PM We the undersigned do not wish the Tampa City Council to
6:37:14PM vote in favor of turning the residential lot at 4715 West
6:37:17PM Ballast Point Boulevard, Tampa, Florida, into a commercial
6:37:20PM parking lot.
6:37:20PM Let's see.
6:37:23PM How does that go?
6:37:25PM To us, this just would not be right for our neighborhood in
6:37:28PM any way.
6:37:28PM And 17, 16 people signed it.
6:37:32PM So I'd like to, you folks to have that.

6:37:34PM We respectfully request that you decline this request.
6:37:51PM >>CHARLIE MIRANDA: Thank you very much.
6:37:52PM Next please?
6:38:00PM >> Good evening, Mr. Chairman.
6:38:01PM Members of Council.
6:38:03PM Al Steenson, 4100 West Villa Avenue, Tampa, Florida, 33616,
6:38:10PM tonight representing the Gandy Sun Bay South civic
6:38:14PM association.
6:38:14PM As Mr. Truex said, he indeed did come to our meeting last
6:38:20PM Monday night.
6:38:21PM We had a very, quite a lengthy conversation about some
6:38:24PM issues that we had.
6:38:26PM And the end result was the association -- members present
6:38:31PM voted that they have no objections to this particular
6:38:35PM special use application, provided -- and I believe Mr. Truex
6:38:41PM referred to that, provided that the stormwater issue was
6:38:45PM adequately handled and the motion was then amended that we
6:38:50PM would have no objections with the, providing there was no
6:38:56PM reasonable objections from the surrounding neighborhood.
6:38:58PM And that is the -- that's what occurred last Monday night at
6:39:03PM our association meeting.
6:39:06PM So, we have no objections, provided that those two
6:39:09PM conditions are met.
6:39:12PM Thank you very much.
6:39:13PM >>CHARLIE MIRANDA: Thank you very much.

6:39:13PM Anyone necessary the audience care to speak on this item?
6:39:16PM Item 4, V 13-27.
6:39:21PM Petitioners, you have five minutes rebuttal.
6:39:25PM Councilmember Montelione?
6:39:26PM >>LISA MONTELIONE: Thank you.
6:39:27PM Anybody's who's attended these meetings knows I'm not in
6:39:31PM favor of having open parking, surface parking lots scattered
6:39:35PM throughout the city.
6:39:37PM And especially those that are within or buffering -- I can't
6:39:45PM speak tonight.
6:39:46PM Excuse me.
6:39:47PM That are buffered to residential uses.
6:39:49PM And I guess the question really is for the Planning
6:39:53PM Commission.
6:39:54PM Mr. Hay.
6:39:56PM There are one, two, three policies that are cited here in
6:40:07PM commercial areas, goals, objectives and policies.
6:40:09PM And the first one 18.6, a manner in which enhance it is City
6:40:13PM of Tampa's character and ambience.
6:40:15PM 1.6.5, appropriately buffered from any residential
6:40:20PM development.
6:40:21PM 18.7, designs that are -- designs that reduce the presence
6:40:26PM of vehicles on-site by providing desirable parking lot
6:40:30PM configuration.
6:40:31PM I don't see any of those.

6:40:36PM The other thing people hear me say all the time is, the lack
6:40:40PM of creativity.
6:40:41PM You know, if we have to live with a surface parking lot,
6:40:48PM then, you know, create something that may be doesn't look
6:40:51PM like a sheet of asphalt.
6:40:53PM Straight lines.
6:40:54PM One tree.
6:40:55PM Couple of shrubs.
6:40:57PM Just saying.
6:41:01PM >> Well, Councilwoman, the Planning Commission staff when we
6:41:05PM went out, we looked at the parcel.
6:41:07PM We ended up -- we looked at the -- their proposal of
6:41:13PM eliminating the access from their parcel --
6:41:17PM >>LISA MONTELIONE: That's the wonderful thing.
6:41:18PM >> That's a plus.
6:41:20PM We also looked -- there's actually no residential directly
6:41:23PM to the south.
6:41:23PM There's a retention pond, kind of a large retention pond to
6:41:26PM the south.
6:41:27PM So that was another issue that we looked at in regards to
6:41:31PM finding this overall special use request consistent.
6:41:35PM Is there always room for improvement in land development
6:41:43PM code requirements?
6:41:44PM We as Planning Commission always hope that and strive that
6:41:48PM our code will improve over the long-term.

6:41:51PM But right now, the land -- it's the land development code
6:41:55PM that directs how the site is developed.
6:41:58PM And you know, Planning Commission staff found that they're
6:42:02PM meeting most of their requirements in regards to, you know,
6:42:07PM the whole overall site design.
6:42:09PM We did originally have that concern about the wall and
6:42:12PM the --
6:42:14PM >>LISA MONTELIONE: The buffering?
6:42:15PM >> The buffering.
6:42:16PM But with some trees there and also knowing that the neighbor
6:42:21PM next door was sending in a letter basically that they were
6:42:24PM not opposed, we kind of felt that our concern was outweighed
6:42:28PM by that.
6:42:29PM So, we did not have an issue with this at a comp plan level.
6:42:35PM >>LISA MONTELIONE: Ms. Mandell?
6:42:38PM We have talked before about landscaping on-site plans.
6:42:41PM And whether or not it's representative of what could be
6:42:46PM there, but not always enforceable as to the exact, you know,
6:42:52PM design or planning.
6:42:53PM Is that the case here?
6:42:58PM >>JULIA MANDELL: Ms. Feeley is saying no.
6:43:00PM >> Saying no to what?
6:43:02PM >>JULIA MANDELL: Is agreeing with what you're saying.
6:43:04PM And as a general manner, when you received those pretty
6:43:07PM landscape plans, those are not necessarily enforceable in

6:43:10PM that way.
6:43:21PM >>ABBYE FEELEY: Councilwoman Montelione, what's shown on
6:43:23PM your site plan, is the required planting, required hedges.
6:43:27PM I was just marking up on one.
6:43:30PM Hold on.
6:43:35PM Let me put it up there so everybody can see what we're
6:43:38PM talking about.
6:43:40PM >>LISA MONTELIONE: You know, I don't want to belabor the
6:43:42PM point, but you know, looking at the aerial, there's already
6:43:46PM quite a bit of concrete or -- actually it's asphalt, not
6:43:50PM concrete.
6:43:51PM Between the two buildings, one that faced Westshore.
6:43:56PM Or South Westshore Boulevard to be exact.
6:43:59PM And this is going to continue that asphalt.
6:44:06PM >>ABBYE FEELEY: This is the unique circumstance.
6:44:08PM What you're referring to here, this is what's required.
6:44:11PM This hedge here next to the residential.
6:44:13PM So, it's a 12-foot -- it's required to be 15-foot with a
6:44:19PM wall.
6:44:19PM That's where the one waiver is.
6:44:21PM That they're asking for a PVC fence with the 12-foot.
6:44:25PM In this circumstance, you have the CI piece, which this is
6:44:36PM surveying.
6:44:37PM Remember, where you're talking about, that's somebody else's
6:44:40PM property.

6:44:41PM Their only property for parking is here.
6:44:43PM And this is CI property that is -- our typical CI is a
6:44:51PM hundred by a hundred.
6:44:51PM This is 75-foot in width.
6:44:54PM It's longer in depth, but that's part of the circumstance
6:44:57PM that there's not adequate, given when this was built,
6:45:01PM however far back that was.
6:45:02PM So, as far as the landscape, that is what is required and
6:45:09PM here also.
6:45:10PM So they are showing.
6:45:11PM And this can be planted.
6:45:12PM There is adequate space.
6:45:14PM >>LISA MONTELIONE: Okay.
6:45:15PM >>CHARLIE MIRANDA: Any other questions?
6:45:17PM >>LISA MONTELIONE: Just want to make my point that I'm not a
6:45:18PM fan of parking, that is just laying down some more asphalt.
6:45:25PM >> Good evening.
6:45:26PM Jeremy Couch -- I'm sorry.
6:45:29PM >>CHARLIE MIRANDA: Any other questions by Councilmembers?
6:45:31PM You have five minutes to rebut.
6:45:33PM >> Good evening, Council.
6:45:33PM Jeremy Couch, 5289 Ehrlich Road.
6:45:38PM I'm here on behalf of the applicant.
6:45:39PM I do understand the concerns that you have, Councilwoman
6:45:43PM Montelione.

6:45:44PM In regards to those concerns, there are some options that we
6:45:49PM may present to the Council that may increase -- decrease the
6:45:56PM parking lot effect that you're referring to.
6:45:59PM >> Love to hear it.
6:46:10PM >> One thing I'm thinking that we could possibly do is if we
6:46:14PM eliminated these parking spaces here.
6:46:18PM And this parking space here.
6:46:19PM And we planted this with another large shade tree.
6:46:23PM And put this shade tree here.
6:46:25PM With that in combination with adding some enhanced plantings
6:46:30PM here, we could add they additional trees.
6:46:34PM This would push the parking lot back about 50 feet from the
6:46:40PM actual right-of-way.
6:46:41PM Which would be about 60 feet back from the actual roadway
6:46:44PM that the residents on Ballast Point would travel and see.
6:46:47PM In doing that, going from -- in the current configuration
6:46:53PM was CI directly on single-family.
6:46:57PM Right now, because of the lack of parking, the CI portion
6:47:02PM that the applicant owns is constantly jammed full with
6:47:06PM trucks.
6:47:07PM And having this parking lot, it will spread it out, so he
6:47:12PM can park his vehicles over there.
6:47:14PM It won't look like such an intense commercial development.
6:47:17PM We can push the parking north.
6:47:19PM To the north it's a municipal pump station, so there will be

6:47:22PM no intrusion on residential there.
6:47:24PM We'll give up the three spaces, add the additional
6:47:28PM landscaping and I think that could provide the adequate
6:47:31PM buffer that you're looking for.
6:47:34PM >>LISA MONTELIONE: As long as we can make it a better
6:47:36PM project.
6:47:36PM >>CHARLIE MIRANDA: Anyone else in this portion that has not
6:47:41PM spoken?
6:47:41PM Need a motion to close.
6:47:42PM >> So moved.
6:47:44PM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick to close,
6:47:46PM second by Mr. Cohen.
6:47:47PM All in favor of the motion -- you have anything to say?
6:47:51PM >> I did.
6:47:51PM Skulls me.
6:47:52PM If that is the direction of Council, if you could include
6:47:55PM those modifications in your motion, along with the two
6:47:58PM modifications from natural resources, thank you.
6:48:01PM >> I was going to do that thank you.
6:48:02PM I have a motion to close by Mr. Reddick, second by
6:48:05PM Mr. Cohen, all in favor of the motion, please indicate by
6:48:07PM saying aye.
6:48:07PM Opposed nay.
6:48:09PM The ayes have it unanimously.
6:48:09PM Mr. Reddick, would you kindly read it, if you're going to

6:48:14PM read in favor of, please put in the modifications.
6:48:16PM >>FRANK REDDICK: Thank you Mr. Chair.
6:48:18PM Move an ordinance being presented for first read
6:48:20PM consideration, an ordinance approving a special use permit,
6:48:24PM S-2, approving parking off-street commercial in RS-75,
6:48:28PM residential single-family, zoning district in the general
6:48:32PM vicinity of 4715 West Ballast Point Boulevard in the City of
6:48:35PM Tampa, Florida as more particularly described in section 1
6:48:39PM hereof, providing a date and including provisions,
6:48:43PM modifications by the petitioner as well as the modifications
6:48:46PM from natural resource.
6:48:48PM >>CHARLIE MIRANDA: Does that satisfy the city?
6:48:51PM >>ABBYE FEELEY: Yes, sir.
6:48:52PM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
6:48:53PM I have a second by Mr. Cohen.
6:48:59PM All in favor of the motion, please indicate by saying aye.
6:49:00PM Opposed nay.
6:49:01PM The ayes have it unanimously.
6:49:04PM >>THE CLERK: Motion carried with Mulhern being absent.
6:49:07PM Second reading and adoption will be April 4th at 9:30 a.m.
6:49:10PM >>CHARLIE MIRANDA: Thank you all very much for attending.
6:49:13PM We go to item number 5.
6:49:19PM >>ABBYE FEELEY: Item number 5, Z13-12, located at 3601 west
6:49:25PM Azeele Street.
6:49:26PM The request before you this evening ising from PD, planned

6:49:30PM development office business professional, to PD planned
6:49:33PM development, all residential office, RO, uses and office
6:49:38PM medical.
6:49:40PM >>CHARLIE MIRANDA: Let me stop here one second.
6:49:42PM I got to say something in my mind.
6:49:45PM I earlier had a discussion with other staff and the city.
6:49:48PM If there's any petitioner in the audience today on items 5
6:49:51PM through 13 that may ask for a continuance, do it now.
6:49:55PM I heard that's a possible rumor in one of them and I don't
6:50:00PM want to wait good people here three or four hours and then
6:50:03PM at the end of the night you ask for a continuance.
6:50:06PM Do it now.
6:50:06PM The numbers are on the side here.
6:50:11PM If there's any petitioner -- I'm talking directly to the
6:50:22PM petitioners only.
6:50:22PM I see no one.
6:50:25PM Okay.
6:50:25PM I'm sorry.
6:50:26PM Continue with the presentation of number 5.
6:50:28PM I apologize to the petitioner of item number 5.
6:50:33PM >>ABBYE FEELEY: Chairman, Miranda, I'm sorry, that citizen
6:50:43PM is here on the alcoholic beverage that was continued first
6:50:46PM this evening from South Howard Avenue.
6:50:48PM So I just wanted --
6:50:50PM >>CHARLIE MIRANDA: I made that clear earlier when we talked

6:50:52PM about that.
6:50:53PM I asked for the petitioner and we went through all that I
6:50:56PM asked if anyone was in opposition to that item being
6:51:00PM continued.
6:51:00PM And no one came up.
6:51:04PM >>ABBYE FEELEY: That was continued to may 16th.
6:51:07PM >>CHARLIE MIRANDA: That was continued to may 16th of 2013 at
6:51:10PM 10:30 in the morning.
6:51:11PM I apologize to you.
6:51:13PM Okay, thank you very much.
6:51:15PM >>ABBYE FEELEY: Okay.
6:51:16PM So we're back to the rezoning, Z13-12, 3601 west Azeele.
6:51:21PM The request is from PD planned development.
6:51:24PM When it was originally PD it was done for business
6:51:27PM professional office only.
6:51:28PM They're asking for all RO uses and office.
6:51:37PM >> Good evening, Councilmembers, David Hay again with your
6:51:39PM Planning Commission staff and I have been sworn.
6:51:41PM We stay in the South Tampa planning area.
6:51:46PM This one is at the northwest corner of west Azeele Street
6:51:50PM and south Himes avenue.
6:51:51PM This portion of Himes avenue is the dividing line between
6:51:55PM the south and central Tampa planning districts.
6:51:58PM Here we have the aerial, the subject site is in the center
6:52:03PM of the map.

6:52:03PM You can see the predominant residential pattern that
6:52:06PM surrounds the site.
6:52:07PM We have more multi-family residential to the southeast with
6:52:12PM commercial uses lining Henderson Boulevard.
6:52:14PM You can also see some of the commercial uses lining Dale
6:52:17PM Mabry Highway to the west.
6:52:19PM And Kennedy Boulevard to the north.
6:52:21PM Those some light office uses line west Azeele Street, the
6:52:25PM predominant residential pattern in the area remains
6:52:28PM single-family detached.
6:52:29PM Finally, we move on to the future land use category map.
6:52:35PM The subject site and properties along, lining west Azeele
6:52:40PM street south and west of the site are designated residential
6:52:43PM 20.
6:52:44PM The light orange color is residential 10, reflecting the
6:52:49PM predominant single-family residential development pattern in
6:52:53PM Gray Gables and Bonaire neighborhood.
6:52:55PM To the southeast, we have residential 35, and along
6:52:59PM Henderson Boulevard, we have the community mixed use 35.
6:53:01PM The Planning Commission staff found that the proposed
6:53:03PM rezoning is comparable and compatible to the existing and
6:53:06PM future development patterns planned within this portion of
6:53:08PM the Bonaire neighborhood.
6:53:10PM The existing office uses will continue to be residential in
6:53:13PM character, while the plan development will allow for site

6:53:16PM improvements, especially regarding parking and vehicular
6:53:19PM access.
6:53:19PM Based on all that and the goals, objectives and policies of
6:53:22PM the comprehensive plan, Planning Commission staff finds the
6:53:25PM rezoning request consistent with the Tampa comprehensive
6:53:27PM plan.
6:53:33PM >>ABBYE FEELEY: As I mentioned, this was previously rezoned
6:53:37PM in 2002 for business professional office.
6:53:42PM And in my staff report, did I provide you with the three
6:53:45PM original waivers.
6:53:47PM In some cases, those waivers have increased, in some cases
6:53:50PM they have decreased.
6:53:51PM Those are just point of reference for you.
6:53:53PM There are seven waivers being requested with this
6:53:57PM application this evening to add the medical use.
6:54:01PM And any other RO uses.
6:54:03PM The first is to reduce the minimum lot size.
6:54:07PM Medical office is a special use in the RO.
6:54:10PM And it requires 10,000 square feet for lot area.
6:54:13PM This lot has 7,952 square feet.
6:54:16PM The second is to allow for reduction in parking from 10
6:54:21PM spaces to six, a 40% reduction.
6:54:23PM The third is to allow for the reduction of the minimum two
6:54:27PM way cross aisle from 20 foot to 18 foot.
6:54:29PM The fourth is to allow for reduction of minimum drive aisle

6:54:34PM width from 24 feet to 18 feet.
6:54:36PM Fifth is to allow for the reduction of the minimum backup
6:54:38PM width.
6:54:39PM A lot of these are related to the configuration of the
6:54:42PM parking.
6:54:42PM The backup width from 90 degree for seven feet to two feet.
6:54:47PM Fourth is to allow for the reduction of northern zoning
6:54:49PM use-to-use buffer from 15-foot with a six foot masonry wall
6:54:52PM to 13.82 feet with six foot wood privacy fence.
6:54:57PM Fifth -- these are renumbered.
6:55:00PM The sixth -- that was the sixth.
6:55:05PM The seventh is to allow the required vehicle use area along
6:55:10PM south Himes from 8-foot to 2.42 feet, which would be 99
6:55:15PM square feet.
6:55:15PM The eighth is to reduce required vehicle use area along the
6:55:20PM west from three to zero for 174 square feet.
6:55:23PM And the last is to reduce the vehicle use area planting
6:55:27PM along south Himes from one tree to zero trees.
6:55:30PM This is a 57.8-foot by 137.7-foot lot, or just under quarter
6:55:41PM of an acre.
6:55:43PM There is a 1700 square foot residential structure on the
6:55:47PM property that was converted to office back in 2002.
6:55:50PM The setbacks are as follows.
6:55:53PM 50-foot north, 34.8 foot south, 9.71 foot west, 7.9 foot
6:55:59PM east.

6:55:59PM Max building height is proposed 35 feet.
6:56:02PM As previously mentioned, ten spaces are required and six are
6:56:07PM provided.
6:56:07PM Let me go ahead and show you the site.
6:56:10PM Here at the corner, the northwest corner of Himes and
6:56:18PM Azeele.
6:56:19PM As you can see, along this segment in between Dale Mabry and
6:56:25PM Himes, there are a multitude of PDs.
6:56:29PM Many of them for different types of low intensity office
6:56:33PM uses.
6:56:34PM Some of them for personal services.
6:56:36PM We recently rezoned -- you recently rezoned the PD
6:56:40PM immediately to the west of this site just a few years ago.
6:56:43PM For all RO uses and medical office.
6:56:47PM Here is an aerial of the site, Azeele to the south, Himes to
6:56:55PM the east.
6:56:55PM Go ahead and show you.
6:56:58PM Here is a picture of the site from Azeele, looking north.
6:57:02PM This is from the intersection of Himes and Azeele.
6:57:06PM This is the Himes elevation of the property.
6:57:09PM This is the property immediately to the west.
6:57:15PM I just referred to as going to PD a couple years ago.
6:57:18PM Moving further west on Azeele.
6:57:21PM Another one of those PD boxes.
6:57:23PM This is on the east side of Himes and Azeele.

6:57:32PM From the rear of the property.
6:57:33PM This property has a shared access, a private shared access
6:57:36PM agreement with the property to the west.
6:57:38PM This is from the rear of the property looking back toward
6:57:40PM Azeele.
6:57:41PM This is that shared access between them.
6:57:44PM Looking west towards Dale Mabry.
6:57:47PM This is southeast corner.
6:57:55PM Southwest corner.
6:57:57PM >>YVONNE CAPIN: May I ask a question?
6:57:59PM Certainly, Ms. Capin.
6:58:02PM >>YVONNE CAPIN: That picture right there.
6:58:03PM That's residential.
6:58:05PM Is that zoned PD?
6:58:09PM On the map it looks like it is.
6:58:11PM But it looks like it stops short of that house.
6:58:14PM That very corner.
6:58:15PM See it right there?
6:58:20PM >>ABBYE FEELEY: That would be --
6:58:22PM >>YVONNE CAPIN: No, it's the last lot on Himes.
6:58:24PM Right there.
6:58:24PM Across the street.
6:58:34PM >>ABBYE FEELEY: This was the southwest corner of Himes.
6:58:38PM >>YVONNE CAPIN: Southwest corner, correct.
6:58:40PM >>ABBYE FEELEY: That would be right here.

6:58:41PM Lot number one.
6:58:42PM It's zoned RS-60.
6:58:44PM This PD, these are the ledgers that -- the little leaders
6:58:48PM that are going up.
6:58:49PM Those are PDs up here.
6:58:51PM So this would be single-family residential.
6:58:53PM >>YVONNE CAPIN: Right.
6:58:54PM Because when you showed that before, I looked at it.
6:58:56PM I wasn't sure if the PD went all the way to the corner.
6:58:59PM Thank you.
6:59:00PM >>ABBYE FEELEY: No problem.
6:59:01PM And then I did take some of the -- there's single-family at
6:59:08PM the rear of this property on the block to the north.
6:59:10PM Land Development Coordination had some site modifications to
6:59:20PM remove waiver H on the site plan and to revise waivers D and
6:59:24PM E as indicated above.
6:59:26PM And waivers 5 and 6 is listed on page one of the report.
6:59:30PM Also add the maximum building height.
6:59:32PM Transportation had an inconsistent finding on this request
6:59:35PM as it is requesting a 40% parking waiver and they did find
6:59:39PM that waiver to be excessive.
6:59:40PM I believe they are present this evening.
6:59:43PM Also, they needed waiver B to be revised to cite the new
6:59:49PM code section.
6:59:55PM That being said, findings in relationship to the PD criteria

6:59:58PM are located pages four and five of your report and staff is
7:00:01PM available for any questions.
7:00:03PM >>CHARLIE MIRANDA: Questions by Councilmembers?
7:00:04PM Petitioner?
7:00:10PM >> Hi, good evening.
7:00:11PM Steve Semonich with Rahenkamp design group.
7:00:17PM I have not been sworn.
7:00:28PM >>CHARLIE MIRANDA: Whoever has not been sworn in, please
7:00:30PM rise and be sworn in at this time.
7:00:33PM [Oath administered by Clerk]
7:00:44PM >> I'm here today representing Dr. Northrup, who is behind
7:00:48PM me here.
7:00:49PM We're rezoning from PD with RO uses -- I'm sorry.
7:00:58PM Professional office to PD with medical office and all RO
7:01:07PM uses.
7:01:07PM PD presently in place was approved in 2002.
7:01:10PM And that PD included the waiver for the reduction of a
7:01:17PM 15-foot landscape buffer to nine feet to the rear, with the
7:01:20PM wood fence.
7:01:22PM And also reduced the minimum drive aisle from 26 feet to
7:01:26PM 24 feet and reduced required parking by two parking spaces,
7:01:30PM which was a 33% reduction in 2002.
7:01:33PM Subsequent to this PD approval, the parking lot was
7:01:38PM reconfigured by the previous property owner, one of the
7:01:41PM previous property owners.

7:01:44PM And some of the items on the approved PD in 2002 were never
7:01:49PM implemented.
7:01:50PM So we essentially inherited what we're submitting to you
7:01:54PM today.
7:01:54PM The only thing we're trying to do is resolve the medical
7:01:57PM office use.
7:01:58PM My client was issued a citation by code enforcement earlier
7:02:01PM in 2012 for illegal use of the property as medical office.
7:02:07PM It was just rezoned for professional office.
7:02:10PM Kind of give you some history.
7:02:12PM My client leased the property from 2006 to 2008.
7:02:16PM He then purchased it in 2008 and obviously has owned it
7:02:21PM since.
7:02:21PM And during the 2011 rezoning to PD on the western adjacent
7:02:26PM property, I guess indirectly or directly our property was
7:02:30PM turned into code enforcement.
7:02:32PM And therefore, we're here for you today trying to resolve
7:02:36PM that medical office issue.
7:02:37PM And also to resolve some of the items that are nonconforming
7:02:45PM on the plan that was approved.
7:02:46PM As you can see here, this is the existing parking and here's
7:03:05PM the shared drive aisle that Abbye had indicated.
7:03:08PM And lacking parking stall striping, that area has remained
7:03:18PM the same and this drive aisle that is shared is still
7:03:22PM intact.

7:03:25PM What we are proposing is to implement as many of the items
7:03:28PM as we possibly can that were required of the original PD and
7:03:34PM then request the necessary waivers to increase the parking
7:03:36PM to the maximum extent possible.
7:03:38PM Presently there are five parking spaces on the site.
7:03:41PM And with the necessary waivers, we're able to increase it by
7:03:44PM one.
7:03:45PM And get six spaces, which is the reduction of 40% that Abbye
7:03:49PM had indicated.
7:03:50PM These areas here are essentially the only proposed areas on
7:03:53PM the western side of the site.
7:03:56PM All that is just converting the shell area to a gravel,
7:03:59PM which would be required by code.
7:04:00PM And then modifying the driveway here.
7:04:03PM Presently, the southern extent of the driveway is this line.
7:04:07PM It kind of goes into the building.
7:04:08PM So there is an irregular entry.
7:04:11PM It's a conflict from a vehicular standpoint.
7:04:13PM So we're proposing to shift that driveway to the north to
7:04:16PM provide a continuous entryway into the property.
7:04:20PM And in order to dough association we have to keep the
7:04:22PM 18-foot and what was built back in, whenever the driveway
7:04:27PM was modified.
7:04:29PM And to the north, as I indicated earlier, landscape buffer
7:04:33PM was approved for reduction from 15 feet to nine.

7:04:36PM And for whatever reason, that was never constricted.
7:04:40PM Constructed.
7:04:41PM So now that landscape buffer is little over 13 feet.
7:04:44PM So actually have more buffering distance from that rear
7:04:47PM front line.
7:04:48PM However, as a result we now have request of waiver for the
7:04:51PM drive aisle to be reduced substantially more.
7:04:53PM So it's landscape buffer or with the drive aisle.
7:04:57PM And there are several large trees to the rear.
7:05:00PM If we were to expand the parking lot any farther back, we
7:05:03PM would impact some of those trees.
7:05:04PM Remove the buffer.
7:05:05PM So we feel it's a better situation to keep the drive aisle
7:05:09PM the way it is and not shift it back farther towards that
7:05:12PM property owner.
7:05:13PM In regards to the parking, as I indicated, the present PD
7:05:25PM has a waiver for 33%.
7:05:27PM My client has a specialized medical office practice, he's a
7:05:34PM psychiatrist.
7:05:35PM Majority of his clients come in consecutively.
7:05:38PM There's not a lot of simultaneous transactions when people
7:05:42PM coming in and out of there.
7:05:44PM And obviously he has appointments by, or he has clients come
7:05:47PM in by appointment only.
7:05:48PM So there's not any passerby traffic or anything that you'd

7:05:51PM get with a typical office or possibly retail.
7:05:53PM And as Abbye indicated, we have a shared, reciprocal ingress
7:06:02PM egress parking easement with the western adjacent property.
7:06:06PM Although for this PD we cannot include those uses, cannot
7:06:10PM include those parking stalls plan, but yet during the day
7:06:14PM time, uses do shift and we have the ability to park inning
7:06:18PM that site if need be for overflow.
7:06:20PM Same thing with the other property.
7:06:21PM So this is some mutual benefit, although I don't know if you
7:06:25PM can take that into consideration, due to fact we can't
7:06:28PM physically put those on the plan.
7:06:29PM And that's it.
7:06:40PM If you have any questions?
7:06:41PM >>CHARLIE MIRANDA: Any questions from Councilmembers?
7:06:43PM Ms. Montelione, Mr. Cohen.
7:06:45PM >>LISA MONTELIONE: Thank you, Mr. Chair.
7:06:47PM I was looking at the trees to be removed and they don't seem
7:06:54PM to be in the way.
7:06:55PM I mean, you're not constructing anything adjacent to the
7:06:59PM building, but those two trees marked for removal on the
7:07:04PM Himes avenue side.
7:07:05PM And then there's immediately behind the building, if you
7:07:09PM follow that straight line, there's another one there marked
7:07:12PM for removal and there are two within the vegetative
7:07:16PM landscape buffer.

7:07:17PM Why are we removing trees?
7:07:19PM >> That's an interesting question.
7:07:21PM Those trees, because the site plan was not -- because the
7:07:25PM site wasn't developed as it was supposed to have been.
7:07:28PM The parking was built too close to those trees without any
7:07:31PM pervious surface.
7:07:32PM And therefore, staff has determined that those trees are no
7:07:36PM longer considered for our tree table.
7:07:38PM So they're not going to be physically removed.
7:07:40PM They're just slowing the plan as not being included in tree
7:07:43PM calculations.
7:07:44PM >>LISA MONTELIONE: Okay.
7:07:44PM So what I would suggest or recommend, Ms. Feeley, is to
7:07:48PM change the note on the site plan.
7:07:50PM Because the note on the site plan says trees to -- the note
7:07:58PM on the site plan says tree considered to be removed for tree
7:08:03PM table calculations.
7:08:05PM Now, with your explanation, it makes sense.
7:08:08PM But it still looks to the common eye that it's being
7:08:12PM removed.
7:08:13PM So, maybe we can change that language between first and
7:08:16PM second reading, just to clarify that they're not physically
7:08:20PM being removed.
7:08:21PM So that might help.
7:08:24PM The other concern that I have is although I understand your

7:08:29PM client's practice, psychiatry would not see a lot of
7:08:34PM simultaneous patients as you see in other medical practices
7:08:37PM where they double or triple book patients, you know, 15, 20
7:08:42PM people waiting in the waiting room to be seen, that's not
7:08:45PM the case here.
7:08:46PM But the rights, the entitlements that we grant with this
7:08:52PM application will run with the property.
7:08:54PM So if another medical practitioner moves in when your client
7:08:58PM no longer uses that building or that facility, then it might
7:09:04PM be another type of medical practice that isn't psychiatry
7:09:07PM that does see multiple patients at once.
7:09:12PM >> Correct.
7:09:12PM If it's okay with staff, will we be able to limit to it a
7:09:16PM specific type of medical office, as psychiatry, psychology?
7:09:22PM >> You just sent Ms. Mandell into a tailspin there.
7:09:27PM Ms. Mandell, can you come to the mic?
7:09:32PM Because there is -- I mean, this is very little parking for
7:09:35PM a medical office.
7:09:41PM >>JULIA MANDELL: I'm not sure how comfortable I am that that
7:09:44PM could be ultimately enforced because -- we have a
7:09:48PM classification of types of uses within our zoning code and
7:09:51PM we don't parcel those out by, I'm a pediatrician versus I'm
7:09:55PM a psychiatrist.
7:09:56PM And you know, somebody could come in, move into that
7:10:01PM building and I think it might get a little bit complicated

7:10:04PM to try and enforce that.
7:10:06PM I can speak with Abbye as to whether or not we have done
7:10:09PM that in the past.
7:10:10PM I know there have been other situations where we have
7:10:12PM limited offices to certain types, like a real estate office
7:10:15PM or something like that.
7:10:16PM It's just become really difficult.
7:10:18PM >>LISA MONTELIONE: Understood.
7:10:19PM I'm just trying, because you know, like I said, this is a
7:10:23PM constrained site and is only going to be six parking spaces
7:10:27PM for a medical office.
7:10:30PM I understand.
7:10:31PM I mean I don't have a problem with granting the request, you
7:10:34PM know, that the client is asking for.
7:10:36PM It's just in the future, it might pose problems of parking
7:10:41PM in the neighborhood.
7:10:43PM >>JULIA MANDELL: I think the way we ultimately enforce
7:10:46PM something like that, if there's a medical practice that
7:10:48PM moves in here and they're clearly not having enough parking
7:10:51PM in order to survive as a business, enough parking within the
7:10:54PM neighborhood, we'd have to deal with it that way.
7:10:57PM I just don't think I could advise that that could be
7:10:59PM properly enforced this the planner in which you're
7:11:02PM requesting.
7:11:06PM >>CHARLIE MIRANDA: Mr. Cohen?

7:11:07PM >>HARRY COHEN: I actual had I really had the same question
7:11:11PM that Councilwoman Montelione just asked.
7:11:13PM The concern being that this is forever.
7:11:17PM And even if the practice you're describing stays there for
7:11:22PM 25 years, this problem could come up down the road.
7:11:26PM And I'm hoping that maybe in their discussion over there,
7:11:33PM our staff might have some creative thoughts on how we might
7:11:36PM handle this.
7:11:43PM >>ABBYE FEELEY: You know, I actually feel, given my year
7:11:47PM over at the DSC now, that once the occupancy is legally
7:11:51PM established as medical office, it wouldn't force another
7:11:55PM change of occupancy if a different type of practice were to
7:11:59PM go in.
7:12:00PM So I actually have to agree with Ms. Cole and say that you
7:12:04PM can put it on there, is it really enforceable?
7:12:07PM Where would it trigger in the process?
7:12:09PM I don't feel comfortable that it ever would.
7:12:11PM I mean it would become more of a neighbor type of
7:12:14PM enforcement, oh, we see the business is changing, you know,
7:12:18PM even if you put at the time that they vacated the property,
7:12:21PM something else would happen, I don't know that from a land
7:12:24PM use standpoint or entitlement standpoint that that's the
7:12:27PM most effective way to do it.
7:12:34PM >>CHARLIE MIRANDA: Any other questions?
7:12:35PM Ms. Montelione -- or anyone else?

7:12:39PM >>LISA MONTELIONE: I have an idea.
7:12:41PM Is there a way we could tie this PD into the ownership?
7:12:52PM If it ceases to be used by the medical office --
7:12:55PM >> No, we can't do that it goes with the land.
7:12:59PM >>LISA MONTELIONE: I'm reaching.
7:12:59PM Trying.
7:13:02PM >>CHARLIE MIRANDA: Let me reach into the audience and see
7:13:05PM what they think.
7:13:06PM [ Laughter ]
7:13:06PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
7:13:09PM this item, item 5, Z13-12.
7:13:12PM Please come forward.
7:13:13PM I see no reachers, no givers.
7:13:18PM Okay.
7:13:18PM Any other questions by Councilmembers?
7:13:21PM Any petitioner -- you, allow you five minutes for closing
7:13:26PM statement.
7:13:28PM >> Thank you.
7:13:29PM In light of, it would be great if we could exclude uses or
7:13:33PM include just one use, but for my client, I mean, he
7:13:38PM unfortunately inherited this property and unbeknownst to
7:13:41PM him, he thought that for office he was given, he rented it
7:13:45PM for two years under the impression he could use it as a
7:13:48PM medical office.
7:13:49PM Then he purchased it and has been there for six, seven years

7:13:51PM now.
7:13:53PM >>CHARLIE MIRANDA: Your cry tryst needed an attorney.
7:13:55PM [ Laughter ]
7:13:56PM >> Correct.
7:13:57PM And so, we respectfully request your approval of this
7:14:02PM petition.
7:14:03PM My client really is -- thank you.
7:14:09PM >>CHARLIE MIRANDA: Mr. Cohen?
7:14:12PM Kindly read the ordinance.
7:14:13PM -- anyone else care to speak?
7:14:16PM >> Move to close.
7:14:17PM >>CHARLIE MIRANDA: Motion to close bring Reddick, second by
7:14:19PM Ms. Capin.
7:14:21PM All in favor of the motion, please indicate by saying aye.
7:14:22PM Opposed nay.
7:14:23PM The ayes have it unanimously.
7:14:23PM Mr. Cohen, would you kindly read this ordinance.
7:14:26PM >>HARRY COHEN: I think that just before I read it, I think
7:14:31PM that we have exhausted the possibility of restricting the
7:14:35PM use and quite honestly, any doctor that would move in there
7:14:39PM down the road, if they move into a place that doesn't have
7:14:43PM enough parking, they're going to handicap their own
7:14:46PM practice.
7:14:46PM And this is not -- this is not a bar.
7:14:50PM This is a medical office.

7:14:53PM So, I'll go ahead and read the ordinance.
7:14:56PM I move an ordinance being presented for first reading
7:15:00PM consideration, an ordinance rezoning property in the general
7:15:03PM vicinity of 3601 west Azeele Street from the City of Tampa,
7:15:07PM Florida, and more particularly described in section 1, from
7:15:11PM zoning district classification PD, planned development,
7:15:14PM office, business professional, to PD planned development,
7:15:17PM all residential office, RO uses and office, medical,
7:15:21PM providing an effective date.
7:15:23PM >> Second.
7:15:25PM >>CHARLIE MIRANDA: Ms. Montelione?
7:15:27PM >>LISA MONTELIONE: With the change in the site plan -- with
7:15:29PM the changes to the site plan I recommended regarding
7:15:31PM changing that language to be clear that the trees will not
7:15:33PM be physically removed.
7:15:37PM >>HARRY COHEN: Ms. Feeley?
7:15:39PM >>ABBYE FEELEY: Yes.
7:15:40PM That was for those trees that are still remaining there.
7:15:43PM Because some of them that are shown as removed are not there
7:15:46PM any more.
7:15:46PM So for the ones that have been removed, they're going to
7:15:52PM remain as removed.
7:15:53PM Toes those who are there, that will be considered to be
7:15:55PM retained.
7:15:57PM That language will be taken care of.

7:16:01PM >>CHARLIE MIRANDA: We understand now.
7:16:01PM Thank you.
7:16:03PM >>HARRY COHEN: Incorporating --
7:16:09PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I believe I
7:16:11PM have a second by Mr. Suarez.
7:16:12PM Any further discussion by Councilmembers?
7:16:15PM All in favor of that motion, please indicate by saying aye.
7:16:18PM Opposed nay?
7:16:19PM The ayes have it unanimously.
7:16:20PM Thank you very much.
7:16:23PM >>THE CLERK: Motion carried with Mulhern being absent.
7:16:25PM Second reading and adoption will be on April 4th at
7:16:27PM 9:30 a.m.
7:16:32PM >>CHARLIE MIRANDA: Item number 6.
7:16:35PM >> Item number six, rezoning, Z13-15, located 2702 West
7:16:41PM Comanche Avenue.
7:16:43PM The request before you this evening is from RS, residential
7:16:46PM single-family 50, to PD, planned development residential
7:16:49PM single-family detached and attached.
7:16:51PM I would like to make one correction, near staff report.
7:16:55PM It is one single-family in the front and then three units in
7:16:58PM the back.
7:16:59PM Anyone place in my report it says the one and then four
7:17:02PM units.
7:17:02PM So it is one and three.

7:17:04PM For a total of four.
7:17:13PM >> Good evening, Councils.
7:17:14PM David Hay with your Planning Commission staff and I have
7:17:17PM been sworn.
7:17:18PM Well, the next case brings us you up to the university
7:17:20PM planning area to just northwest of the intersection of
7:17:23PM Hillsborough Avenue and Armenia avenue.
7:17:25PM As Abbye stated previously, the property is located at 2702
7:17:28PM West Comanche Avenue.
7:17:30PM It is within close proximity to two transit emphasis
7:17:33PM corridors, Hillsborough Avenue and Armenia Avenue.
7:17:37PM Next on to the aerial, the subject site is in the center of
7:17:41PM the map to the north and east we have single-family detached
7:17:45PM residential development.
7:17:46PM We have single-family uses directly to the south, with
7:17:50PM commercial uses lining this portion of Hillsborough Avenue.
7:17:53PM To the west, we have the panorama apartments and then we
7:17:58PM move, and then we have more single-family residential
7:18:02PM development west of Havana avenue.
7:18:04PM We can also see the Hillsborough plaza on the south side of
7:18:07PM Hillsborough Avenue.
7:18:07PM Next, we move on to the future land use map.
7:18:16PM This site may ring a bell with you this evening.
7:18:19PM Originally it came in as a plan amendment 1201, which
7:18:24PM changed the land use from the residential 10, which is shown

7:18:28PM on that map, to the one I have the printout again, with the
7:18:32PM residential 35 now shown on this parcel.
7:18:38PM The majority of the -- as you can see, the subject site and
7:18:44PM the portion of the adjacent panorama apartments are all
7:18:47PM designated that residential 35.
7:18:48PM The majority of property to the north, east and west is
7:18:52PM designated residential 10.
7:18:54PM We have community mixed use 35 along this portion of
7:18:57PM Hillsborough Avenue.
7:18:58PM And the bright red on the east side of the map is community
7:19:02PM commercial 35, associated with the uses along Armenia
7:19:05PM Avenue.
7:19:06PM The yellow at the top of the map is the residential 6
7:19:09PM category within the unincorporated Hillsborough County area.
7:19:12PM The Planning Commission staff found that the proposed
7:19:15PM rezoning is comparable and compatible to the mixture of
7:19:18PM housing types within the surrounding area.
7:19:20PM The existing nonconforming structure would be brought into
7:19:22PM compliance and since existing would not have any additional
7:19:26PM impacts on adjacent development and based on that and the
7:19:28PM goals, objectives and policies of the comprehensive plan,
7:19:31PM Planning Commission staff finds rezoning request consistent
7:19:34PM with the Tampa comprehensive plan.
7:19:38PM >> Any questions from Councilmembers?
7:19:40PM Ms. Feeley?

7:19:41PM >>ABBYE FEELEY: Abbye Feeley, land development coordination.
7:19:44PM As David said, let me just say up front that this property
7:19:47PM was subject to a plan amendment.
7:19:50PM It was actually cited for work without permits and then
7:19:56PM under code violation was discovered it needed the plan
7:19:58PM amendment in order to legalize the density.
7:20:01PM And is now here for the rezoning in order to take care of
7:20:05PM the number of units on the property from the RS-50 to the
7:20:09PM PD.
7:20:09PM Just a little background on that.
7:20:14PM We talk about another, it may be a confusing situation.
7:20:17PM There is one waiver being requested with this application
7:20:20PM and that is from a reduction in parking from nine spaces to
7:20:25PM four spaces.
7:20:26PM The property as David mentioned is located at 2702 West
7:20:30PM Comanche.
7:20:32PM The request is from RS-50 residential single-family to PD
7:20:35PM planned development to allow for the existing single-family
7:20:38PM detached and attached units currently located on the
7:20:41PM property.
7:20:42PM There are a total of three structures located on the
7:20:45PM property.
7:20:46PM With 1,020 square foot single-family house.
7:20:49PM And 1893 square foot single-family attached dwelling, or a
7:20:54PM triplex, which would be the three units.

7:20:56PM And then 730 square foot garage.
7:20:59PM The property is surrounded by residential single-family on
7:21:02PM the north, east and south and multi-family residential and
7:21:06PM associated parking on the west.
7:21:08PM David just showed you the future land use map.
7:21:17PM Here's the zoning map.
7:21:18PM This is the multi-family residential here.
7:21:23PM There is parking -- I'll show you a picture immediately
7:21:26PM adjacent to the subject property here to the west.
7:21:29PM Comanche to the north, Habana to the west.
7:21:32PM Tampania to the east.
7:21:34PM Hillsborough, two blocks south and then Mohawk to the south
7:21:39PM of the property.
7:21:40PM This dividing line here would be the CG line for everything
7:21:43PM along Hillsborough.
7:21:44PM To the north side and south side are CG.
7:21:47PM Aerial shown here.
7:21:50PM Subject shown in yellow.
7:21:52PM Comanche again, a ban narcs Tampania, multi-family and
7:21:58PM single-family surrounding uses.
7:22:00PM Picture of the property.
7:22:03PM From Comanche.
7:22:08PM Again, the subject site.
7:22:12PM Subject site, parking area.
7:22:14PM This is the parking area for the multi-family, the west.

7:22:20PM This is looking west down Comanche.
7:22:23PM The property to the east.
7:22:27PM This is the north side of Comanche at Tampania.
7:22:31PM To the northwest of Tampania and Comanche.
7:22:34PM Now moving back west along the north side of Comanche.
7:22:37PM So this would be directly across the street from the subject
7:22:40PM property, moving back toward Habana.
7:22:43PM The proposed PD setbacks are 20 foot north, which would be
7:22:53PM the front, four foot south, which would be the rear.
7:22:57PM Four foot east and seven feet west.
7:23:00PM The east and west are the sides.
7:23:01PM Required parking is nine and there are four tandem spaces
7:23:04PM being proposed.
7:23:06PM Photographs of the existing structure have been provided as
7:23:09PM elevations.
7:23:10PM There is an inconsistent finding from transportation due to
7:23:13PM the 50 -- 56% reduction in the required parking.
7:23:18PM They are present this evening.
7:23:19PM Other than that, there are no modifications to the site plan
7:23:23PM being required in between first and second reading.
7:23:25PM Should be the pleasure of Council to move forward and be
7:23:27PM found consistent.
7:23:29PM Thank you.
7:23:31PM >>HARRY COHEN: Petitioner?
7:23:38PM >> My name is John Tsoulfas.

7:23:41PM And I have been sworn in.
7:23:43PM And thank you very much, Abbye, for the nice presentation.
7:23:46PM The parking is like four large spaces that are there, that
7:23:54PM are being provided.
7:23:56PM And if the kind of housing that is existing there, with the
7:24:01PM apartments are like efficiency apartments, small.
7:24:05PM And some of the people there, they never even have any
7:24:07PM transportation because of the location, they work and they
7:24:10PM take public transportation.
7:24:11PM So I really never have a need where I suffer with the
7:24:15PM parking spaces not being enough.
7:24:17PM And it's a large area where if, if we had to, we could fit
7:24:22PM like compact cars there that may take six spaces, you know,
7:24:27PM six, we can have six.
7:24:29PM And there's a garage over there that I didn't include.
7:24:31PM I have accommodations over there for motorcycle and bicycles
7:24:38PM that people use for transportation also.
7:24:40PM And I have a petition from the surrounding neighbors.
7:24:45PM There's eight people.
7:24:46PM Eight surrounding.
7:24:48PM Everybody across the street signed it.
7:24:50PM And that was like four properties across the street and then
7:24:54PM there were like four in the surrounding area.
7:24:57PM And some people I tried to talk to, but they just don't live
7:25:00PM there.

7:25:00PM They're renting the properties.
7:25:03PM Do you want them?
7:25:16PM >> I've got the property for approximately like, I think
7:25:21PM it's six or seven years.
7:25:23PM And I bought it like that.
7:25:24PM It was exactly the way that it was.
7:25:26PM Except for the parking that I created.
7:25:29PM You know, I enhanced the driveway that you see right now.
7:25:34PM And, to be able to accommodate a bigger space and clean up
7:25:41PM the property.
7:25:41PM I've been striving to try to maintain, clean it up as much
7:25:46PM as I can and improve the property that way.
7:25:49PM So, you know, I just pray that you guys can see it my way.
7:25:57PM >>CHARLIE MIRANDA: Ms. Capin?
7:25:59PM >>YVONNE CAPIN: You said you bought the property.
7:26:00PM The structures were on the property when you bought them?
7:26:03PM >> Yes, sir.
7:26:03PM >>YVONNE CAPIN: These were not added by you?
7:26:05PM Do you know how old the structures are that are on there?
7:26:09PM >> For me to be impact, because I was not the builder of the
7:26:13PM properties, you know.
7:26:14PM Going way back, it started like it was some kind of -- there
7:26:18PM was a property that was in the back that was built, like a
7:26:22PM storage area.
7:26:23PM And then it just started getting bigger and bigger, I think,

7:26:27PM you know, it was some kind of tracking that might have
7:26:29PM been -- I don't know how old they are.
7:26:33PM They're probably at least maybe 10 or 15 years -- 10, 15
7:26:37PM years old.
7:26:37PM I'm not sure.
7:26:38PM I mean, by the condition of the structure itself, the roof
7:26:43PM that's there, the original roofing materials and just the
7:26:47PM condition of everything, how you could see it, you know,
7:26:50PM it's not anything that's new.
7:26:52PM It was there and I bought it like that.
7:26:56PM >>YVONNE CAPIN: I'm going to ask you, so did you divide any
7:26:58PM of that?
7:26:59PM I mean, for instance if there was -- it says that it has a,
7:27:03PM the triplex.
7:27:05PM Did you do that?
7:27:08PM >> No, I did not do that.
7:27:12PM >>YVONNE CAPIN: So you didn't subdivide?
7:27:14PM >> No, I never divided it any further than what it was.
7:27:18PM It was bought like that.
7:27:19PM I didn't do anything.
7:27:20PM All I did was clean everything up, tried to continue to
7:27:24PM paint it.
7:27:27PM What I did do, I got the permit.
7:27:29PM There was a stormwater drain that ran continuously along the
7:27:33PM front of the property.

7:27:34PM So I got a right-of-way permit from the stormwater and from
7:27:39PM the building department to extend the stormwater concrete
7:27:43PM pipe.
7:27:45PM It was like a 14 by 23, a big stormwater concrete pipe I put
7:27:48PM in there.
7:27:49PM And I put in the new driveway so that I filled it in so that
7:27:53PM we can have access to the other half of the property.
7:28:03PM And so that's what I did.
7:28:05PM >>YVONNE CAPIN: Thank you for answering that?
7:28:07PM >>CHARLIE MIRANDA: Ms. Montelione?
7:28:08PM >>LISA MONTELIONE: Just something you said, so we can have
7:28:11PM access to the other side of the property.
7:28:12PM The site plan is not on the overhead --
7:28:15PM >> I have a picture here.
7:28:16PM I think I have a picture here.
7:28:19PM >>LISA MONTELIONE: Picture is worth a thousand words.
7:28:31PM >> That's the new driveway approach.
7:28:33PM And underneath the driveway is where I put the electric --
7:28:35PM the stormwater drain and extended it.
7:28:37PM And I filled all that in, created that whole area and
7:28:41PM cleaned the whole place up.
7:28:43PM And then you can see to the left of the edge of the
7:28:45PM driveway, where that little retaining area, that wall in
7:28:48PM front of the trees, that's where the stormwater drain is.
7:28:53PM Over here.

7:28:54PM Excuse me.
7:28:54PM I could point.
7:28:56PM Right there.
7:28:57PM But unfortunately, on this side, there's a driveway.
7:29:00PM There was another driveway, an old one.
7:29:02PM It was like eight or ten feet wide.
7:29:04PM You could see it on the site plan where it was an approach.
7:29:07PM And being that I was only allowed to have one way to get in
7:29:12PM as far as a driveway, that was eliminated and I sodded it
7:29:17PM and just sodded it and landscaped it so it could be part of
7:29:22PM a walk in way.
7:29:24PM But this is really the area here.
7:29:25PM Like I'm saying, like on the compact -- I could put easily
7:29:29PM six cars in there.
7:29:30PM But they're compact.
7:29:32PM I have an F 250 pickup truck.
7:29:34PM With the extended cab.
7:29:36PM If you get that kind of a vehicle there, can't get that.
7:29:40PM >>LISA MONTELIONE: And you live here?
7:29:41PM , you live on the property?
7:29:43PM >> No, I don't live here.
7:29:45PM >>LISA MONTELIONE: And the garage is accessible so the
7:29:49PM garage --
7:29:50PM >> That's why I admit it, that's why I didn't keep it.
7:29:55PM At first, we were putting it in there.

7:29:58PM And the garage is over here.
7:30:01PM >>LISA MONTELIONE: I'm looking at the site plan.
7:30:02PM I see driveway, the paved parking area and then the garage
7:30:06PM are all in line.
7:30:07PM >> Yes.
7:30:08PM >>LISA MONTELIONE: So the garage, is it used as a garage?
7:30:11PM What is the garage used for?
7:30:13PM >> Well, I'm using it for storage.
7:30:17PM >>LISA MONTELIONE: Because that's what confused me.
7:30:19PM When I looked at the picture and saw the plants there.
7:30:22PM >> I didn't want to deceive anybody that I was trying to use
7:30:25PM that as a parking space because I don't intend it.
7:30:28PM It would be strictly for storage for any kind of -- I like
7:30:32PM to keep it empty because I'm trying to keep the place as
7:30:34PM clean as possible.
7:30:35PM I just like to keep it empty.
7:30:37PM On this side over here, but you can't see it, on this side
7:30:41PM over here along the sidewalk, where you walk in, where you
7:30:46PM walk in from the area over here, you can see like some
7:30:50PM concrete.
7:30:51PM Behind the fence is a slab.
7:30:52PM And I want to put a bike rack over there and the people bike
7:30:55PM their bicycles and stuff like that.
7:30:59PM Or motorcycle.
7:31:00PM >>LISA MONTELIONE: That's fine.

7:31:02PM That's all I wanted to know the thank you.
7:31:05PM >> Thank you.
7:31:06PM >>CHARLIE MIRANDA: Thank you very much.
7:31:06PM Anyone in the audience care to speak on item number 6?
7:31:11PM C 13-15.
7:31:13PM One more time.
7:31:16PM Z13-15, please come forward.
7:31:18PM Number 6.
7:31:18PM Yes, sir?
7:31:22PM >> Good evening, Councilmembers.
7:31:24PM My name is Albert Lopez.
7:31:25PM I was sworn in.
7:31:27PM And I am representing AL Properties of Tampa, Inc.
7:31:30PM We are the owners of panorama apartments, the apartments
7:31:34PM adjacent to the property in question.
7:31:38PM And we are in opposition of the rezoning.
7:31:42PM They do not have sufficient parking on that location to
7:31:45PM accommodate the amount of people they're going to have there
7:31:48PM and their visitors.
7:31:49PM If I can direct your attention to a photo.
7:31:59PM A photo of Comanche.
7:32:01PM Comanche is no parking street.
7:32:04PM And as you can see, this is a photo of the side of our
7:32:07PM property.
7:32:08PM We have had to close it off because we have had issues with

7:32:10PM them parking on our property along with parking on the
7:32:14PM inside of our parking lot which reserved for our tenants and
7:32:18PM their visitors.
7:32:19PM Now I understand what's being proposed.
7:32:25PM But it seems to be almost kind of wishful thinking to assume
7:32:29PM that all his tenants will not have enough cars or four
7:32:33PM spaces will be enough.
7:32:34PM He needs to plan for having more spaces or less units.
7:32:36PM Thank you.
7:32:39PM >>CHARLIE MIRANDA: Ms. Capin?
7:32:40PM >>YVONNE CAPIN: Bring up your picture of the, where you say
7:32:44PM they're parking.
7:32:45PM Sir, that is not your property.
7:32:47PM That's a right-of-way.
7:32:48PM That is not your property.
7:32:52PM That is a right-of-way.
7:32:55PM Where you have those poles.
7:32:56PM Did you install those poles?
7:33:00PM >> The poles have been on the property.
7:33:03PM >>YVONNE CAPIN: When you all bought it?
7:33:04PM >> Yes.
7:33:05PM >>YVONNE CAPIN: Okay.
7:33:08PM >>CHARLIE MIRANDA: I'm going to tell you right now, both of
7:33:10PM you.
7:33:11PM Just the facts, I don't want to hear no stories.

7:33:16PM Just tell us what it is.
7:33:17PM Just a second.
7:33:20PM You're going to have your rebuttal as the party, you're
7:33:23PM going to get five minutes to rebuttal.
7:33:26PM >> Thank you, Council.
7:33:27PM >>CHARLIE MIRANDA: Any other questions from Councilmembers?
7:33:30PM All right, sir, your turn.
7:33:31PM Five minutes.
7:33:35PM >> This comes as a total surprise to me.
7:33:39PM Those poles, those poles that are there that they put, must
7:33:45PM have just been installed within the last four weeks.
7:33:48PM Okay?
7:33:49PM And as far as parking over there, we never parked in that
7:33:52PM right-of-way.
7:33:53PM Nobody that I know parked in that right-of-way.
7:33:55PM What there was is there used to be a big semi-truck of a
7:33:58PM person who came to visit his apartment, and there was a semi
7:34:03PM that was parking.
7:34:04PM And I never really said anything.
7:34:06PM But when the truck would pull out, and I planted two shrubs
7:34:09PM there, he came over and the truck would come and curve out
7:34:14PM on the edge of my driveway and crack the edge of my wing.
7:34:17PM And it was a thick edge reinforced concrete edge over there
7:34:21PM the edge of my wing, not a big crack, you know what I mean.
7:34:24PM But I never said anything to him and never did anything to

7:34:27PM him.
7:34:27PM And if anybody was an issue that they were parking on his
7:34:30PM property, he never came and he never tried to address the
7:34:33PM situation with me because I never authorized or told
7:34:36PM anybody, and it's basically forbidden, you know?
7:34:40PM And right now, with the people, you know, like I said, it's
7:34:47PM that kind of a housing where it's low income.
7:34:49PM But we don't, you know be -- I'm not, the people, if --
7:34:53PM they're asking for like two parking spots per unit.
7:34:57PM And half the time there's just one person living in there or
7:35:00PM if it's a married couple, the married couple that I have
7:35:03PM right there now, they're not, they don't even have a
7:35:06PM vehicle.
7:35:07PM They live and they work close to the area.
7:35:10PM I don't understand why he would oppose it and claim the
7:35:19PM posts were there.
7:35:20PM Either he installed it, either they installed it or the city
7:35:23PM came and installed it.
7:35:24PM And that's right-of-way property.
7:35:26PM And I thought when I saw it that that big heavy truck was
7:35:29PM running on the stormwater drain pipe.
7:35:31PM Plus, they got a big catch basin that the truck would have
7:35:36PM to go in on his, toward his driveway to come in and be able
7:35:40PM to park.
7:35:41PM But like I'm saying, we never park over there.

7:35:44PM And if there's ever would've been an issue, he never told me
7:35:48PM not to park or they just towed the car away.
7:35:51PM They just tow the car away.
7:35:54PM And so, that's all I can say.
7:35:55PM I don't want to beat it into the ground, but I'm, you know,
7:36:00PM very surprised.
7:36:01PM >>CHARLIE MIRANDA: Ms. Montelione?
7:36:03PM >>LISA MONTELIONE: I'm sorry to have to make another
7:36:05PM statement after the applicant has already had his rebuttal
7:36:09PM time.
7:36:10PM But Ms. Feeley, did you take these photographs, or these
7:36:13PM submitted with the application?
7:36:17PM The photographs that were attached to the site plan.
7:36:20PM >>ABBYE FEELEY: The photographs that are attached to the
7:36:21PM site plan were provided by the applicant as the requirement.
7:36:29PM >>LISA MONTELIONE: Can you put up the pages, the fifth page?
7:36:38PM >>ABBYE FEELEY: Sure.
7:36:38PM The photos that I showed were taken on Monday morning of
7:36:44PM this week.
7:36:46PM >>LISA MONTELIONE: Do you know when these photographs were
7:36:48PM taken?
7:36:54PM >>ABBYE FEELEY: There's a view of the area there.
7:36:56PM I'm going to page five.
7:37:04PM >>LISA MONTELIONE: Okay.
7:37:05PM That's the one.

7:37:06PM Is that the semi-truck and the property that we saw the
7:37:16PM other picture with the poles on it?
7:37:19PM Is that the same strip of right-of-way?
7:37:22PM >> Yes.
7:37:23PM >>LISA MONTELIONE: Okay.
7:37:24PM So sometime between the time these photographs were taken
7:37:28PM and the time that, that top photograph was taken, poles
7:37:34PM appeared.
7:37:35PM >> And that was Monday.
7:37:37PM >>CHARLIE MIRANDA: Whoa, whoa.
7:37:42PM >>LISA MONTELIONE: I understand you don't understand the
7:37:43PM process.
7:37:45PM Feel yes, it appears those policy were sometime installed.
7:37:48PM I do not believe the city installed them.
7:37:50PM >>LISA MONTELIONE: That was my next question.
7:37:51PM Does that look the work of our maintenance?
7:37:56PM Okay.
7:37:56PM So, we have established, I think, that Ms. Capin is right,
7:38:02PM that is right-of-way, as most of us probably already know.
7:38:06PM And that those poles were installed not by the city but by
7:38:10PM someone else.
7:38:11PM And I understand your concern, a truck that heavy sitting on
7:38:16PM a stormwater pipe, a drainage pipe could damage the
7:38:23PM stormwater drain pipe underneath it by having that much
7:38:27PM weight on top of it.

7:38:30PM >> I never complained.
7:38:32PM >>CHARLIE MIRANDA: Take it easy.
7:38:33PM >>LISA MONTELIONE: So, you know -- although, you know this
7:38:41PM is the second case we have heard that I didn't know this
7:38:44PM was -- Chair Miranda talks about this all the time.
7:38:49PM People buy properties and the use of the property is not
7:38:52PM consistent with the land use that is granted for that
7:38:57PM parcel.
7:38:58PM And it should be a lesson to everyone, get a Realtor, check
7:39:02PM the title company.
7:39:04PM Do the homework.
7:39:05PM Make sure when you buy a piece of property that you are
7:39:09PM getting what you paid for.
7:39:11PM Because this should've shown up in title work.
7:39:16PM It should've shown up somewhere that this was not a
7:39:19PM permitted use on this lot.
7:39:20PM So -- I just wanted to point out that the truck and the
7:39:26PM right-of-way.
7:39:28PM >>CHARLIE MIRANDA: Mr. Suarez?
7:39:30PM >>MIKE SUAREZ: Thank you, chair.
7:39:31PM Ms. Feeley, can I ask you a quick question?
7:39:35PM >>ABBYE FEELEY: Yes, sir.
7:39:36PM >>MIKE SUAREZ: The evidence that's being provided to us by
7:39:39PM the sharp eye of Councilwoman Capin and the followup from
7:39:44PM Councilwoman Montelione, as we do our detective work here,

7:39:50PM makes me think that there's a lot of issues I have in my
7:39:54PM head about this.
7:39:54PM And I think that our Council attorney has been kind of
7:39:58PM talking to you and Ms. Mandell while I've been trying to
7:40:02PM sort this out.
7:40:03PM We have an RS-50 surrounding area next to an RM-24 area.
7:40:08PM He is a nonconforming use as is.
7:40:10PM And has been cited by code enforcement, correct?
7:40:15PM You seem silent.
7:40:17PM And you're very green and you're ready for St. Patty's day,
7:40:22PM but it's not time for beer.
7:40:23PM It's time to ask questions.
7:40:25PM What do you think?
7:40:27PM >>ABBYE FEELEY: Can you hold on a second?
7:40:29PM >>MIKE SUAREZ: Sure.
7:40:29PM I thought you said that already.
7:40:38PM >>JULIA MANDELL: Julie Mandell, legal department.
7:40:41PM Think as mess Feeley stated an also is in the report, this
7:40:44PM particular property has been cited and is under citation for
7:40:48PM the purposes of having what would be considered a
7:40:51PM multi-family use in a single-family zoned property.
7:40:55PM And it was cited also before you changed the comprehensive
7:40:59PM plan.
7:40:59PM So it would've been in violation of the comprehensive plan.
7:41:02PM You have changed the comprehensive plan to allow

7:41:05PM consideration of multi-family within this particular area.
7:41:08PM So I would really -- so what you really have in front of
7:41:13PM you, you have a question of the use, more than one unit.
7:41:16PM More than one dwelling unit on this property.
7:41:18PM But you also have the configuration of what you have in
7:41:20PM front of you and the fact it's existing.
7:41:22PM The fact that it may or may not be operating currently in a
7:41:27PM legal manner is really not the most important thing for you
7:41:31PM to be considering in this, rather than considering the idea
7:41:35PM of is this appropriate configuration of this property?
7:41:40PM >>MIKE SUAREZ: I just asked the question.
7:41:41PM You sounded to me like you actually said the answer to me
7:41:44PM exactly what the question was.
7:41:46PM But in a legal manner.
7:41:50PM Which is why they make the big bucks, Ms. Mandell.
7:41:54PM The reason I'm asking is because, it kind of stands like a
7:41:58PM sore thumb.
7:41:59PM In terms of the use itself.
7:42:01PM I understand in terms of the change of the plan, but in
7:42:04PM terms of change of use, because he needs it in order to
7:42:08PM comply with the current use, he needs to have the PD.
7:42:13PM >>JULIA MANDELL: That's correct.
7:42:14PM And this configuration, unless he has both a change to the
7:42:19PM use, which is currently provided for in his zoning and the
7:42:24PM change to allow this particular configuration, including the

7:42:27PM parking waivers and setbacks and those kinds of things, he
7:42:30PM cannot stand as a legal, a legal property.
7:42:34PM >>MIKE SUAREZ: As a legal hypothetical, could we ask him to
7:42:36PM tear down that building because he doesn't conform?
7:42:39PM >>JULIA MANDELL: You can't ask him to tear down a building.
7:42:42PM What you can do is turn down his application, which would
7:42:45PM have the effect --
7:42:47PM >>MIKE SUAREZ: This is a hypothetical.
7:42:49PM We're not talking about him.
7:42:51PM We've had cases like this where someone was in
7:42:54PM noncompliance, had built something that was not in
7:42:57PM compliance.
7:42:58PM And they had to tear it down.
7:43:01PM I recall a case we had like that.
7:43:03PM Now, again, I may be reading into a different setting
7:43:07PM because maybe that was, you know, there was a certain set of
7:43:12PM circumstances that were different here.
7:43:14PM I'm not saying that that's what we're going to do here.
7:43:17PM It's a hypothetical.
7:43:18PM I just wanted to know the answer to it.
7:43:20PM >>JULIA MANDELL: If I could go ahead and state what the
7:43:22PM answer is.
7:43:23PM The Code Enforcement Board or whatever code enforcement
7:43:25PM process would ultimately be the determiner of code
7:43:28PM compliance and what the remedies are, and that's per Florida

7:43:35PM statute, that's how those determinations are made.
7:43:37PM And whether or not the remedy that a Code Enforcement Board
7:43:40PM or some other entity could require, any person in code
7:43:47PM violation to do, is dependent on what the violation is and
7:43:51PM what the authority is.
7:43:52PM What this board can do is either allow them to come into
7:43:57PM compliance, with City Council, allow them to come into
7:44:00PM compliance by approving this, or saying that, any
7:44:04PM application's inappropriate, doesn't meet the standards of
7:44:07PM our code, deny it.
7:44:08PM And then they have to continue through whatever code
7:44:11PM enforcement process they're currently in.
7:44:14PM And that stands for this case or any other code enforcement
7:44:17PM case, which is why I am very cognizant of the idea when you
7:44:22PM have a case in front of you that has a pending code
7:44:25PM enforcement matter, we keep those issues separately.
7:44:28PM Although I know Council likes to understand the context of
7:44:31PM why they're in front of you.
7:44:33PM >>MIKE SUAREZ: It's a little easier when we're dealing with
7:44:36PM lots of different issues, since this is not the first time
7:44:38PM we have had an issue like this.
7:44:40PM Now, the last issue may have been because they had already
7:44:43PM exhausted all their remedies in terms of code enforcement.
7:44:49PM That's why I was asking, because you know, there's a lot of
7:44:53PM other disturbing things that are happening here.

7:44:55PM I think the photographs show that.
7:44:56PM I think there are some issues concerning what good neighbor,
7:45:00PM bad neighbors mean.
7:45:01PM What it means in terms to live in neighborhood and to have a
7:45:03PM nonconforming use and then try and get it to become a
7:45:07PM conforming use.
7:45:08PM There may be some competitive issues at bay here too.
7:45:11PM But, I just needed to know that answer.
7:45:14PM Because I don't like the fact that it's an RS-50.
7:45:17PM And that we're going to make it into a PD, in order to make
7:45:22PM it a conforming use.
7:45:25PM That's my particular issue.
7:45:26PM So thank you.
7:45:27PM >>CHARLIE MIRANDA: Okay.
7:45:27PM Let me just say, no one's taken any credit for the truck.
7:45:34PM [ Laughter ]
7:45:36PM >>CHARLIE MIRANDA: The truck disappeared.
7:45:37PM Where is the truck?
7:45:41PM I would imagine that individual or individuals, whoever
7:45:47PM owned that truck live in the neighborhood.
7:45:48PM If not, they wouldn't be parking it there.
7:45:52PM But something, the truck decision appeared.
7:45:55PM Okay.
7:45:58PM I just want to find out to myself that this truck wasn't
7:46:03PM living in any one of these two addresses.

7:46:06PM Even though it would seem odd that they are.
7:46:10PM But it's always possible.
7:46:12PM Okay.
7:46:13PM Petitioner, out of respect, you had two minutes and 20
7:46:19PM seconds left when I look at that clock in front of me.
7:46:22PM If you want to continue to close for two minutes and 20
7:46:25PM seconds, you have it.
7:46:27PM >> Thank you.
7:46:28PM I don't know for a fact where the truck, whether he was
7:46:35PM maybe somebody's boyfriend or that he was living there, you
7:46:39PM know, I don't know where that truck ever came from.
7:46:42PM We never parked over there.
7:46:45PM >>CHARLIE MIRANDA: How do you know it wasn't a girlfriend?
7:46:46PM [ Laughter ]
7:46:47PM >> I think it was a man.
7:46:49PM I saw a man.
7:46:50PM I did see a man.
7:46:51PM And you know, maybe he was coming out of that place over
7:46:54PM there.
7:46:55PM Out of that apartment complex.
7:46:57PM There's like 50 apartments there.
7:46:58PM I'm not sure exactly.
7:47:01PM >>CHARLIE MIRANDA: I understand.
7:47:03PM >> So I don't know who the truck was.
7:47:04PM But then the posts went up and then the truck decision

7:47:10PM appeared, which was fine by me, because whoever did the job
7:47:13PM on the posts did a nice neat job in the right-of-way.
7:47:21PM So, you know, like I say, I pray you guys can approve this,
7:47:26PM because I can foresee the answer to your question is that
7:47:28PM the property will be condemned.
7:47:31PM I bought the property through a Realtor and it was a real
7:47:34PM closing.
7:47:35PM And it never came up.
7:47:36PM And the apartments were there and they were existing.
7:47:39PM And I never did anything except clean the property up.
7:47:43PM The violation when I got the violation was for three
7:47:45PM apartments, for illegal apartments.
7:47:48PM Illegal apartments.
7:47:49PM There was no such thing or nobody never told me about a
7:47:51PM building permit because it wasn't.
7:47:53PM It was just for till legal amounts.
7:47:55PM The violation was for illegal apartments.
7:47:57PM So then I stopped.
7:47:58PM I spoke to the inspectors.
7:48:00PM I went down there, we talked to the Hillsborough Planning
7:48:02PM Commission.
7:48:03PM And everybody cooperated.
7:48:04PM And it went through the land use amendment.
7:48:07PM And so, after this, that process, then it was kind of like a
7:48:11PM green light before, for it to come in front of the City

7:48:15PM Council.
7:48:16PM Because I could never submit to the rezoning without the
7:48:20PM land use amendment.
7:48:22PM So we did get the land use amendment.
7:48:24PM I'm under the gun right now.
7:48:26PM I'm telling you.
7:48:27PM The property's going to be condemned.
7:48:30PM And bait the property this way.
7:48:33PM I never did anything to the footprints.
7:48:35PM All I did was try to enhance and clean up the property when
7:48:39PM I took over.
7:48:40PM And the place was a mess.
7:48:42PM And that's why I have eight signatures and I could've got
7:48:45PM everybody else if I would've kept going and found them home
7:48:48PM to sign the petition because I have truly cleaned up the
7:48:52PM property and made an improvement.
7:48:53PM I took dumptrucks of trash and debris that were piled there.
7:48:58PM And made the property kind of functional.
7:49:01PM And I intend to continue to do that.
7:49:04PM If I could have your permission to do this.
7:49:09PM >>CHARLIE MIRANDA: Thank you very much.
7:49:10PM >> Thank you.
7:49:13PM >>CHARLIE MIRANDA: Let me just say this.
7:49:14PM Whoever built those things in the city right-of-way, if they
7:49:17PM ever find out there's an accident, that's caused by those,

7:49:21PM whatever you want to call them, poles or, you're going to be
7:49:25PM in trouble because they're going to come after you.
7:49:27PM So, it's just liability that on city right-of-way, you don't
7:49:33PM build unless you have permission.
7:49:34PM And I don't think, from what I saw these photographers, from
7:49:37PM one day to the next, I didn't do it.
7:49:41PM I'll tell you that.
7:49:42PM [ Laughter ]
7:49:43PM >>CHARLIE MIRANDA: It wasn't me and it wasn't the other five
7:49:45PM that are here tonight.
7:49:46PM So, we'll go from there.
7:49:48PM Night a motion to close.
7:49:49PM >> Motion to close.
7:49:50PM >>CHARLIE MIRANDA: I have a motion to close by
7:49:51PM Ms. Montelione, seconded by Ms. Capin.
7:49:56PM All in favor of the motion to close, please indicate by
7:49:58PM saying aye.
7:49:58PM Opposed nay.
7:50:00PM The ayes have it unanimously.
7:50:01PM Ms. Montelione, would you kindly read the ordinance, see
7:50:05PM where it goes.
7:50:06PM >>LISA MONTELIONE: Yes, sir.
7:50:07PM Ordinance being presented for first reading consideration,
7:50:09PM an ordinance rezoning property in the general vicinity of
7:50:11PM 2702 West Comanche Avenue in the City of Tampa, Florida,

7:50:16PM more particularly described from section one, from zoning
7:50:19PM district classifications, RS-50 residential single-family to
7:50:23PM PD planned development residential single-family detached
7:50:26PM and attached, providing an effective date.
7:50:29PM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, second
7:50:31PM by Mr. Cohen.
7:50:32PM Any further discussion by Councilmembers?
7:50:34PM All in favor of the motion, please indicate by saying aye.
7:50:38PM Opposed nay.
7:50:39PM The ayes have it unanimously.
7:50:40PM >>THE CLERK: Motion carried with Mulhern being absent.
7:50:46PM Second reading and adoption will be on April 4th, 9:30 a.m.
7:50:52PM >>CHARLIE MIRANDA: Item number 7, Mr. Cohen.
7:50:54PM >>HARRY COHEN: Thank you, Mr. Chair.
7:50:55PM I'm going to recuse myself from participating in this matter
7:50:59PM due to the fact that my father is involved, is one of the
7:51:03PM petitioners.
7:51:05PM >>CHARLIE MIRANDA: Thank you very much.
7:51:07PM >> For the record, Mr. Cohen, you are filing formate with
7:51:10PM the clerk at this time?
7:51:14PM >>HARRY COHEN: That's correct.
7:51:15PM >>ABBYE FEELEY: Item number 7 on your agenda this evening is
7:51:17PM located at 3224 West Gandy Boulevard.
7:51:21PM This is at the intersection of Gandy and Sheridan.
7:51:25PM The request before you this evening is from CG, commercial

7:51:29PM general to PD, planned development for residential
7:51:32PM multi-family.
7:51:38PM >> Good afternoon -- good evening, commissioners, David Hay
7:51:41PM again with your Planning Commission staff.
7:51:43PM And I have been sworn.
7:51:44PM While we head back down to the South Tampa planning district
7:51:48PM for our next case.
7:51:49PM It is located at the southeast corner of South Sheridan Road
7:51:53PM and West Gandy Boulevard in the Gandy Sun Bay South
7:51:57PM neighborhood.
7:51:57PM As you can see, Gandy Boulevard is a transit emphasis
7:51:59PM corridor, though currently there is no transit offered on
7:52:02PM that section of Gandy at this present time.
7:52:06PM Next we have the aerial.
7:52:10PM The subject site is in the center of the map.
7:52:12PM We can see the numerous single-family attached residential
7:52:16PM developments that have occurred along this portion of Gandy
7:52:18PM Boulevard.
7:52:19PM Over the past 10 to 15 years.
7:52:21PM We can see the primarily single-family detached residential
7:52:25PM development pattern located to the north and south of the
7:52:27PM Gandy corridor.
7:52:29PM The lower right, southwest portion of the aerial, we can see
7:52:33PM the Colonial village apartments.
7:52:36PM And we can also see the CVS at the MacDill Avenue and Gandy

7:52:41PM Boulevard at the center of the right of the aerial.
7:52:44PM On to the future land use map, you can see the subject site,
7:52:50PM majority of the parcels to the east and west along Gandy
7:52:53PM Boulevard are designated community mixed use 35.
7:52:56PM Thus making this within a mixed use corridor village as
7:53:00PM defined by the Tampa comprehensive plan.
7:53:02PM The tan color to the south and north of the Gandy Boulevard
7:53:06PM corridor is residential 10.
7:53:08PM In the red on the north side of Gandy Boulevard is community
7:53:11PM commercial 35.
7:53:11PM Overall the planning commission staff found zoning is
7:53:19PM compatible to the mixture of housing types within this
7:53:22PM surrounding area.
7:53:24PM Due to existing grand oaks on-site, the applicant is unable
7:53:27PM to bring the building closer to the road as called for
7:53:30PM within mixed use corridor villages.
7:53:32PM The proposed rezoning furthers the number of policies
7:53:35PM regarding the tree protection within the comprehensive plan
7:53:37PM and would allow for the development of the parcel while also
7:53:40PM protecting our natural resources.
7:53:42PM Based on all that and the goals, objectives and policies of
7:53:45PM the comprehensive plan, the Planning Commission staff finds
7:53:47PM the rezoning request consistent with the Tampa comprehensive
7:53:50PM plan.
7:53:59PM >>ABBYE FEELEY: As I stated, this is a request from

7:54:02PM commercial general zoning to PD planned development for
7:54:05PM residential multi-family, six units.
7:54:08PM There are four waivers being requested.
7:54:11PM The first is to allow for tandem parking.
7:54:15PM Tandem parking is allowed by right and code for
7:54:18PM single-family residential, not for multi-family.
7:54:21PM And I will show you on the plan where that's being proposed.
7:54:24PM It is due to the grand tree location and availability for
7:54:29PM parking.
7:54:29PM The second is to reduce the backup width from six foot to
7:54:33PM four foot.
7:54:33PM Third is reduce the required use-to-use buffer from 15-foot
7:54:37PM with a six foot concrete masonry wall.
7:54:40PM This would be to the office use to the east.
7:54:42PM Or the commercial use to the east, to six foot with a six
7:54:47PM foot concrete masonry wall.
7:54:49PM And six feet PVC fence on a portion of that.
7:54:53PM I show you also where there are some large trees that are
7:54:55PM going to be retained.
7:54:57PM Lastly, there is a request for reduction of the vehicle use
7:54:59PM area buffer from eight foot to one foot.
7:55:02PM I'll show you that also.
7:55:03PM That's adjacent to Sheridan.
7:55:05PM Zoning atlas page, site is shown here in green.
7:55:16PM Dividing line for the CG of Gandy Boulevard, residential

7:55:20PM single-family, RS-50.
7:55:23PM Is only this piece here.
7:55:26PM The rest -- well, that is not so good there.
7:55:31PM This doesn't look right.
7:55:36PM There's an RM-24 to the west over here.
7:55:42PM Maybe an RS-60 with one piece.
7:55:45PM That's the RS-50 which I would assume is correct.
7:55:49PM I'll look back at that because the RS-60 picks up there.
7:55:53PM Here's the aerial.
7:55:56PM There is -- commercial general does allow for multi-family
7:56:03PM as a special use.
7:56:05PM It's done, you'll see there's a plat here, the town homes,
7:56:10PM just to the west of this property.
7:56:12PM So you can do multi-family under a CG through a special use.
7:56:18PM You cannot get certain waivers to that, which can be one of
7:56:23PM the reasons they may have elected to do the PD.
7:56:26PM There is also multi-family to the north of here, which I'll
7:56:30PM show you pictures of, that's also functioning within the
7:56:33PM commercial general.
7:56:33PM Here's a PD at the corner of MacDill and Gandy as well.
7:56:41PM So here's that aerial showing you in that CG district, that
7:56:44PM multi-family two, the north across Gandy and the
7:56:50PM multi-family or single-family attached town home style
7:56:54PM development to the west here on the western side of Sheridan
7:56:58PM at Gandy.

7:56:59PM The picture of the site as we referred to a couple times,
7:57:03PM there are two grand trees on the site.
7:57:05PM You'll see those on your site plan.
7:57:06PM And those have been -- the site has been configured to
7:57:12PM maintain both of theirs.
7:57:13PM There's a 57-inch grand.
7:57:15PM The one I'm showing you now in the picture.
7:57:17PM Then there's a 61-inch grand at the southwest corner of the
7:57:20PM site.
7:57:21PM This has limited the developable area or what we'd call the
7:57:26PM building envelope availability for development on the
7:57:29PM property in order to preserve these trees.
7:57:31PM This shot from Gandy looking at the property.
7:57:36PM Another shot.
7:57:38PM This is commercial use to the east.
7:57:44PM Commercial use to the east.
7:57:46PM Single-family attached to the west along Gandy.
7:57:51PM Has a one way access.
7:57:54PM That's looking west.
7:57:55PM This is at the corner of Gandy and Sheridan looking west.
7:57:59PM And from the property looking east.
7:58:02PM It's predominantly single-family residential to the south of
7:58:10PM here.
7:58:10PM I'm down now right in this area.
7:58:14PM I'm going to show you some pictures of this and then move

7:58:16PM back up Sheridan.
7:58:18PM Heavily treed down there, so it's kind of hard to see.
7:58:21PM That's the northwest corner of Sheridan and Marlin.
7:58:27PM This is the southwest -- southeast corner, I'm sorry.
7:58:33PM This is the southwest corner.
7:58:35PM I was kind of perplexed.
7:58:38PM Wasn't sure what was out there first, the house or the tree?
7:58:42PM Very, very close.
7:58:43PM This is at the south end of Sheridan looking back up towards
7:58:47PM Gandy.
7:58:48PM The subject property would be on the east side of the road.
7:58:52PM There's other townhouses on the west side of the road.
7:58:54PM There's a single-family residence here.
7:58:58PM Large trees.
7:58:58PM This is moving back up Sheridan.
7:59:01PM This is that second grand oak at the southwest corner of the
7:59:06PM site.
7:59:06PM That's just south of the property.
7:59:15PM This is -- so this is the single-family house just to the
7:59:19PM south.
7:59:19PM That's the tree, the playground I just showed you and the
7:59:22PM big tree is right there.
7:59:24PM This is looking down Marlin.
7:59:25PM This is the west side of Sheridan.
7:59:30PM Those town homes are.

7:59:31PM North side of Gandy.
7:59:33PM And also on the north side of Gandy.
7:59:35PM Modifications, the Development Review Committee has some
7:59:44PM modifications, needs to be made in between first and second
7:59:47PM reading.
7:59:47PM As well as an inconsistent finding from transportation
7:59:51PM related to the tandem parking.
7:59:53PM Let me go through those modifications.
7:59:55PM I did provide a revision sheet on this one due to the fact
8:00:01PM that some of the revisions were extensive.
8:00:03PM I just need from land development the waivers to be revised.
8:00:09PM Also to remove additional waivers listed on the plan that
8:00:13PM are not required.
8:00:14PM So there are a few more waivers on the plan you received
8:00:17PM than in the staff report.
8:00:19PM I think there were six or seven and they don't necessarily
8:00:22PM need those.
8:00:23PM So we only need the four that I have cited on the first page
8:00:26PM of my report.
8:00:27PM Need them to go ahead and revise the site setbacks.
8:00:31PM And also to remove the end of general note number five,
8:00:38PM which refers to a staff member of land development.
8:00:43PM Transportation's comments were next.
8:00:45PM They are here tonight.
8:00:46PM They did find the site plan inconsistent due to the tandem

8:00:49PM parking.
8:00:50PM They also found it inconsistent for sidewalks.
8:00:53PM They need a notation added.
8:00:56PM They need a waiver removed for the sidewalk omission at
8:01:03PM Sheridan Road for the existing right-of-way swale.
8:01:06PM They found the site plan inconsistent due to the backup
8:01:10PM lanes must be a minimum of six feet.
8:01:12PM There is a waiver on the plan to reduce that from six to
8:01:16PM four.
8:01:16PM And lastly, they needed the five foot drive aisle for the
8:01:19PM handicap space to be striped.
8:01:21PM Natural resources also had several notations that needed to
8:01:27PM be added in order for the protection of the grand trees.
8:01:30PM Those have been listed under the first bullet in the staff
8:01:32PM report for natural resources.
8:01:34PM There are five items there.
8:01:35PM They also need a notation added that all pervious materials
8:01:40PM be placed on grade.
8:01:41PM And also a relocation of the solid waste enclosure.
8:01:48PM You'll see the enclosure right here.
8:01:54PM Since there are six units, they would need six carts.
8:01:58PM They're asking that that be shifted over to be out of the
8:02:01PM protective radius of the grand trees, so when people are
8:02:05PM taking their carts to the curb, they're not dragging it
8:02:08PM through the protective radius of the tree and doing any

8:02:12PM damage to the roots there.
8:02:14PM Lastly, they need the tree table updated.
8:02:21PM And I have provided that on the back of the revision sheet
8:02:25PM as they are requiring it.
8:02:27PM That being said, those are all the modifications that are
8:02:30PM needed at this time.
8:02:31PM Those have been provided to on a revision sheet.
8:02:35PM Staff is available should you have any questions regarding
8:02:36PM the request.
8:02:37PM Thank you.
8:02:38PM >>CHARLIE MIRANDA: Councilmember from Councilmembers at this
8:02:40PM time?
8:02:40PM Petitioner?
8:02:45PM >> Good evening, Mr. Chairman.
8:02:47PM Members of the City Council.
8:02:48PM My name is John Grandoff.
8:02:51PM My address is suite 3700, Bank of America Plaza.
8:02:54PM And I have the pleasure of representing ABC Capital and the
8:02:59PM application before you this evening.
8:03:01PM Also, Ms. Feeley has summarized the site plan comments.
8:03:08PM We are in total agreement with all of the revisions that she
8:03:11PM enunciated.
8:03:12PM And that are found on page one of your staff report.
8:03:14PM And we can accomplish those revisions between first and
8:03:17PM second reading.

8:03:18PM Also, I want to note that the natural resources section,
8:03:22PM including David Riley, Cathy Beck and Mary Danielewicz have
8:03:26PM been very helpful and constructive in meeting with my
8:03:32PM clients on the property, to site the building on this
8:03:33PM property with a 57-inch oak and a 61-inch oak remaining on
8:03:38PM the property throughout the construction, obviously, to
8:03:40PM enhance the property.
8:03:42PM It's important to note this is a commercial general zoned
8:03:46PM property which fronts on Gandy Boulevard, RM-35 plan
8:03:51PM category, which encourages multi-family on these major
8:03:55PM thoroughfares with the intent being towards mass transit one
8:03:59PM day.
8:03:59PM So you want to bring your density close to the arteries.
8:04:02PM Taking the CG project, the CG zoning, we decided to do a PD
8:04:09PM because of the tree issues.
8:04:12PM We have been -- we have downsized the project.
8:04:16PM You could potentially put 11 units on the property, which
8:04:20PM would obviate the need for the trees.
8:04:24PM We scaled it down to six units facing Sheridan with the
8:04:26PM entrance to be on Sheridan instead of Gandy.
8:04:30PM We have also lowered the building.
8:04:32PM In a CG district, you could bring the building to 45 feet.
8:04:35PM This building is going to be typical 35 feet in height,
8:04:38PM which is typical for a single-family home, which is within
8:04:41PM the neighborhood to the south.

8:04:42PM There are no sidewalks on Sheridan and we will pay the
8:04:48PM sidewalk in-lieu fee because the city already has a drainage
8:04:51PM swale on Sheridan.
8:04:52PM There's no place to put the sidewalk.
8:04:55PM So there will be addressed that way.
8:04:56PM The waivers on setbacks primarily deal with siting the
8:05:00PM building to the east all the way to the east adjacent to
8:05:03PM commercial district and an office building.
8:05:06PM We have also sought the input from the Gandy Sun Bay South
8:05:11PM homeowners association.
8:05:12PM Mr. Al Steenson was kind enough to invite us to their
8:05:17PM meeting on Monday.
8:05:18PM Mr. Cohen and I presented the site plan to the association.
8:05:20PM They took a vote in support of the project and Mr. Steenson
8:05:25PM is here also this evening.
8:05:27PM I have gone through all these comments with Ms. Feeley.
8:05:35PM And they are acceptable to us.
8:05:37PM I would reserve the remainder of my presentation for
8:05:40PM rebuttal if necessary.
8:05:42PM And I respectfully request your approval this evening.
8:05:47PM >>CHARLIE MIRANDA: Thank you very much.
8:05:47PM Any questions by Councilmembers?
8:05:48PM Public participation, anyone in the public care to come
8:05:51PM speak on this item?
8:05:52PM Item number 7, Z13-16?

8:06:01PM >> Good evening again, Mr. Chairman.
8:06:02PM Members of Council.
8:06:03PM Al Steenson, 4100 West Lee Avenue, again representing Gandy
8:06:09PM Sun Bay South civic association.
8:06:11PM Mr. Grandoff is indeed correct.
8:06:16PM He and Mr. Cohen did come to our meeting Monday night.
8:06:18PM We had a very productive and lengthy conversation.
8:06:21PM Answered a lot of our questions.
8:06:24PM The end result is was, the members present voted that they
8:06:30PM had no, they have no objections to this, for this particular
8:06:35PM petition.
8:06:35PM It's a very challenging piece of property for those of you
8:06:38PM that are aware of it.
8:06:40PM Those two trees, they've tried for ten, 12 years to put
8:06:43PM something there.
8:06:43PM Last one was like about five years ago, don't know what
8:06:49PM happened to the gentleman.
8:06:51PM He got the CG.
8:06:52PM Whether he lost his financing or whatever.
8:06:54PM I don't know.
8:06:57PM But we looked this over.
8:06:58PM My people have had the site plan at least two and a half
8:07:04PM weeks.
8:07:04PM I asked Mr. Grandoff to send it to me digitally so he could
8:07:08PM blow it up, the copies that you have are a little small.

8:07:13PM And I got four comments back from people that did not attend
8:07:17PM the meeting Monday night.
8:07:18PM And not a single one of them had any objections to it.
8:07:22PM So, very briefly, we have no objections to the petition.
8:07:27PM Thank you.
8:07:28PM >>CHARLIE MIRANDA: Thank you.
8:07:29PM Anyone else in the audience care to speak on this petition?
8:07:32PM Let me ask the city a question.
8:07:34PM I heard something that caught my, my brain cell, and there
8:07:40PM are swales on Sheridan.
8:07:42PM I didn't say I had many brain cells.
8:07:45PM But caught one of them.
8:07:46PM [ Laughter ]
8:07:47PM >>CHARLIE MIRANDA: There are swales, that's a natural
8:07:52PM inhibitor against sidewalks.
8:07:54PM And yet you're going to select a fee in lieu of the sidewalk
8:07:56PM that can never be built?
8:07:58PM Is that what I heard?
8:07:59PM Did I hear that?
8:08:03PM >> I believe you did.
8:08:07PM >>CHARLIE MIRANDA: Is that what I heard?
8:08:08PM >> I believe that is probably what you heard.
8:08:10PM >>CHARLIE MIRANDA: Does the ordinance provide for that?
8:08:12PM >> Yes.
8:08:12PM We did amend the ordinance for the sidewalk ordinance to not

8:08:16PM provide -- to provide that you are not obligated to pay a
8:08:21PM fee in lieu or to put sidewalks in if you are in a certain
8:08:25PM locational criteria.
8:08:26PM This must not meet that locational criteria, so, I'm
8:08:31PM assuming that they are acting in conformance with the
8:08:34PM ordinance by paying the fee in lieu versus being able to
8:08:37PM install the sidewalk and that's not saying City Council can
8:08:41PM waiver as part of this process, it would mean an amendment
8:08:44PM to the code.
8:08:44PM >> I like sidewalks.
8:08:45PM I like to build them.
8:08:46PM But when you have a situation that is so uncommon that you
8:08:50PM can't build a sidewalk, and you're going to take the money,
8:08:53PM to me, that's like robbing a bank.
8:08:55PM I mean, I'm all for the city.
8:08:59PM But also like to be fair.
8:09:00PM I yield to Ms. Capin for a minute here.
8:09:04PM >>YVONNE CAPIN: Thank you, Mr. Chair, for pointing that out.
8:09:06PM I also caught that I remember us amending the ordinance.
8:09:09PM And we may have to do that again, to include swales.
8:09:12PM So, thank you for pointing that out.
8:09:16PM >> Maybe we can include bridges, how's that, over the swale?
8:09:21PM >>CHARLIE MIRANDA: Well, we'll consider it.
8:09:23PM >>MIKE SUAREZ: That's the big thinking they expect at City
8:09:25PM Council.

8:09:26PM >>CHARLIE MIRANDA: Does the city, Ms. Imagined Dell, do we
8:09:28PM have the right to waive that sidewalk requirement?
8:09:31PM >>JULIA MANDELL: That is not waivable.
8:09:34PM >>CHARLIE MIRANDA: It just bothers me that, not only this
8:09:37PM petitioner, any petitioner that I don't feel I'm doing the
8:09:40PM right thing and I'm extrapolating money when I don't have
8:09:43PM to.
8:09:44PM But that's just my personal feeling.
8:09:45PM All right.
8:09:46PM Anyone else?
8:09:47PM You have five minutes to rebuttal if you want to rebuttal
8:09:49PM yourself, sir.
8:09:50PM >> I have no rebuttal at all.
8:09:52PM >>CHARLIE MIRANDA: Good comment.
8:09:53PM Very good comment.
8:09:54PM All right.
8:09:55PM Seeing no other one, night a motion to close.
8:09:58PM I have a motion by Mr. Reddick, second by Ms. Capin.
8:10:01PM All in favor of the motion, please indicate by saying aye.
8:10:03PM Opposed nay.
8:10:04PM The ayes have it unanimously.
8:10:04PM Mr. Suarez, would you kindly take number 7, please?
8:10:08PM >>MIKE SUAREZ: Thank you, chair.
8:10:09PM I present an ordinance for first reading consideration, an
8:10:12PM ordinance rezoning property in the general vicinity of 3224

8:10:15PM West Gandy Boulevard in the City of Tampa, Florida and more
8:10:18PM particularly described in section 1, from zoning district
8:10:21PM classification CG, commercial general, to PD, planned
8:10:24PM development, residential multi-family, providing an
8:10:27PM effective date and including the revision sheet as presented
8:10:31PM by staff and agreed to by petitioner.
8:10:34PM >> Second.
8:10:35PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
8:10:36PM I have a second by Mr. Reddick.
8:10:38PM All in favor of the motion, please indicate by saying aye.
8:10:39PM Opposed nay?
8:10:42PM The ayes have it unanimously.
8:10:42PM Thank you all very much for appearing.
8:10:45PM >>THE CLERK: Motion carried with Ms. Mulhern being absents
8:10:48PM and Cohen abstaining.
8:10:49PM Second reading and adoption will be April 4th at 9:30 a.m.
8:10:53PM >> April 4th or may 4th?
8:10:57PM >> It's April 4th, 9:30 a.m.
8:10:59PM >> Thank you.
8:11:05PM >>CHARLIE MIRANDA: Public hearing number 8.
8:11:07PM Ms. Montelione?
8:11:09PM >>LISA MONTELIONE: Thank you, sir.
8:11:10PM On this application, I will be abstaining from the vote for
8:11:17PM petition number Z13-17.
8:11:20PM My, the petitioner's representative Patricia Ortiz and my

8:11:26PM fiancee's may be engaged in a business contract in if future
8:11:31PM and I believe this creates an appearance of conflict of
8:11:34PM interest.
8:11:36PM >>CHARLIE MIRANDA: Thank you very much.
8:11:36PM >>LISA MONTELIONE: And I will be filing form 8 with the
8:11:39PM clerk.
8:11:42PM >>CHARLIE MIRANDA: Thank you.
8:11:42PM Yes, ma'am?
8:11:45PM >>ABBYE FEELEY: Thank you.
8:11:46PM Item number 8 is Z13-17, located at 2206, 2210 north Central
8:11:52PM Avenue.
8:11:52PM The request before you this evening is from RM, residential
8:11:57PM multi-family to PD, planned development for restaurant and
8:12:00PM residential single-family semi-detached.
8:12:13PM >> Good evening, David Hay again with your Planning
8:12:15PM Commission staff and I have been sworn.
8:12:17PM The next rezoning case is located within the central Tampa
8:12:21PM planning district.
8:12:22PM It is located at the southwest corner of east Francis avenue
8:12:25PM and north Central Avenue in the Tampa Heights neighborhood.
8:12:28PM Next we have the aerial.
8:12:31PM The subject site as always is in the center of the map.
8:12:34PM The first thing that pops out is the I-4, I-275 interchange
8:12:39PM just to the east of the subject site.
8:12:41PM Columbus Drive and Lee elementary can be seen in the north

8:12:44PM of the subject site.
8:12:45PM And we can see the mixture of single-family detached and
8:12:49PM duplexes to the west and palm avenue to the south.
8:12:52PM Finally, we have the future land use map.
8:12:58PM Subject site, majority of the parcels surrounding it are all
8:13:01PM designated residential 35.
8:13:03PM The darker brown to the south is the residential 83, future
8:13:07PM land use category.
8:13:08PM The most intensive residential category within the City of
8:13:10PM Tampa.
8:13:11PM Overall the Planning Commission staff found that the
8:13:14PM proposed rezoning would recognize a number of unique
8:13:17PM nonconforming structures and would allow for their adaptive
8:13:20PM re-use.
8:13:22PM Though staff had a concern about potential parking issues
8:13:24PM and the possibility of negative impacts on adjacent
8:13:27PM residential uses, staff determined that these minor issues
8:13:31PM were out weighed by the promotion and support of the
8:13:34PM historic development pattern found within this very
8:13:37PM important section of the city.
8:13:38PM Therefore, based on all that and the goals, objectives and
8:13:41PM policy also of the comprehensive plan, Planning Commission
8:13:44PM staff finds the rezoning request consistent with the Tampa
8:13:47PM comprehensive plan.
8:13:53PM >>ABBYE FEELEY: Let me just take a step back on this one for

8:13:57PM a minute.
8:13:58PM This is at 2206, 2210 north Central Avenue, RM-24
8:14:03PM residential multi-family to PD, planned development.
8:14:07PM This building, Lee's grocery, was built in 1897.
8:14:11PM Two feet of the front of the building actually encroaches
8:14:14PM into the public right-of-way.
8:14:17PM This was grandfathered as a convenience store.
8:14:23PM And even with like a lunch counter, ten seats or less, kind
8:14:28PM of concept.
8:14:29PM Recently it's been their desire to create it as a
8:14:32PM restaurant.
8:14:33PM A pizza place.
8:14:36PM And they're actually also is an old alcoholic beverage
8:14:41PM permit on here for beer and wine sales packaged.
8:14:45PM So, because this is in an RM district, restaurant not a
8:14:50PM permissible use, what is before you tonight is to allow for
8:14:54PM that 1897 building to transfer, or transform from the retail
8:15:01PM convenience store into a restaurant.
8:15:03PM The PD site plan that is before you will limit it just to
8:15:07PM restaurant.
8:15:07PM And then this is on a zoning lot with a duplex.
8:15:12PM So it was also built a long time ago.
8:15:15PM It's one zoning lot.
8:15:17PM It's historically always been partnered this way.
8:15:21PM And that is, it's kind of a unique circumstance.

8:15:24PM So that's what's before you this evening.
8:15:26PM There are two waivers.
8:15:27PM The first is to allow the reduction of required parking from
8:15:30PM 20 spaces to zero.
8:15:32PM When you see the site, there is no place to put a parking
8:15:35PM space on the property.
8:15:37PM Not because of any improvements that have been made.
8:15:40PM You just can't really put anything on there that's going to
8:15:43PM meet code.
8:15:44PM And second is for a reduction in the use-to-use buffer along
8:15:48PM the west from 15 feet with a six foot concrete masonry wall
8:15:52PM to six and a half feet with a six foot high wood fence.
8:15:56PM Given that this structure is a landmark structure, it was
8:16:05PM subject to a ARC and it did go before the commission on
8:16:09PM February 4th and it was recommended for approval with the
8:16:12PM following consideration.
8:16:14PM That on-site elements such as bike racks, trash receptacles
8:16:19PM fencing and carts shall be approved by the A.R.C. staff.
8:16:23PM And this notation was added.
8:16:25PM And any fence separating the properties would need to be
8:16:27PM depicted on the PD plan.
8:16:29PM And that has been addressed as well.
8:16:31PM So let me go ahead and show you pictures of the site and the
8:16:41PM zoning atlas.
8:16:42PM As you can see, everything around this area is all RM-24.

8:16:54PM It's predominantly single-family residential.
8:16:57PM Show you some pictures of the surrounding properties.
8:17:00PM This is the site here at the southwest corner of Francis and
8:17:05PM central.
8:17:06PM Here is an aerial of the site.
8:17:10PM There is vacant property to the south.
8:17:12PM There's a vacant piece over here as well.
8:17:15PM Going to show you pictures of all of that.
8:17:19PM Here is picture just from a little bit north of the property
8:17:27PM on central looking south.
8:17:29PM Here is the grocery.
8:17:32PM Mr. Versaggi who was here earlier owned this property and
8:17:43PM rehabbed it.
8:17:45PM There is a patio area in between the duplex and the retail,
8:17:49PM soon restaurant component.
8:17:51PM And that is where the property terminates.
8:17:56PM This is the property to the south.
8:17:58PM Another view to the south.
8:18:01PM This is the north elevation of the existing structure.
8:18:06PM Now moving down Francis to the west.
8:18:10PM Here's the rear.
8:18:11PM This is where the fence will be installed.
8:18:13PM And also, this dumpster will be removed from the
8:18:19PM right-of-way and carts will be placed behind the fence.
8:18:22PM This is the property immediately to the west.

8:18:27PM This is a view down Francis to the west.
8:18:30PM This is the northwest corner of Francis and central.
8:18:34PM Now moving along the northern portion of Francis.
8:18:38PM This is the front -- I'm sorry.
8:18:48PM Still the property at the northwest corner.
8:18:49PM This is the front facing central.
8:18:51PM Also on central.
8:18:54PM This is immediately across the street from the subject
8:19:01PM property.
8:19:01PM On the east side of central.
8:19:03PM This is just down from there.
8:19:08PM Single-family.
8:19:10PM This is Francis looking back towards central.
8:19:12PM This is the single-family home just on the other side of the
8:19:20PM vacant piece across the street from the property.
8:19:22PM As I previously stated, the request is from RM-24 to PD for
8:19:34PM the restaurant and residential single-family semi-detached,
8:19:38PM to remain in its current configuration.
8:19:40PM It is located in the Tampa Heights local and national
8:19:43PM historic district.
8:19:44PM The request for restaurant within the commercial building is
8:19:47PM a exchange of use and does require rezoning of the property.
8:19:50PM It is requesting to retain the lot as one zoning lot, with
8:19:54PM the existing structures.
8:19:57PM And the setbacks are as follows.

8:19:59PM Zero to the north, 3.7 feet to the southwest, six and a half
8:20:04PM feet and east, zero feet.
8:20:06PM I don't think you could do negative two feet, but anyhow.
8:20:09PM The maximum building height is proposed at 29 feet.
8:20:12PM The required parking for the site with the residential and
8:20:14PM the restaurant is 20 spaces and there's no parking being
8:20:18PM provided on-site due to historic development and site
8:20:21PM configuration.
8:20:23PM Therefore, a waiver is being requested.
8:20:25PM I do have -- land development has one minor modification.
8:20:30PM There was a notation on here of a voluntary occupancy of 60.
8:20:35PM I have been in coordination with the fire marshal's office,
8:20:39PM the fire inspectors in our office did go out to the site.
8:20:42PM They actually gave it an occupancy of 60.
8:20:44PM It's not a voluntary occupancy.
8:20:47PM They did look at the layout of the property and the current
8:20:50PM seating arrangement.
8:20:51PM Transportation did find the request inconsistent.
8:20:54PM They find the parking reduction of the 20 spaces to zero as
8:20:58PM being excessive.
8:20:59PM They asked that the notation on the plan that says street
8:21:02PM parking available be removed.
8:21:05PM And also that the waiver be revised.
8:21:08PM Lastly, as I previously commented, solid waste provided a
8:21:12PM comment that the existing dumpster in the current, located

8:21:16PM in the right-of-way will be removed as part of this
8:21:19PM petition.
8:21:19PM And carts will be placed behind the fencing.
8:21:21PM In relation to the A.R.C. recommendations, those have been
8:21:27PM satisfied.
8:21:27PM In addition, there are notations on the plan, conditions on
8:21:30PM the plan that it will be open, it opens at 3:00 p.m. daily
8:21:35PM and then on the weekends, at noon.
8:21:37PM So there are hours of operation on your plan, as well as no
8:21:42PM amplified noise, amplified music outdoors in the patio area
8:21:47PM is also on the plan.
8:21:49PM They've placed some conditions on there.
8:21:52PM Also given the PD, any other uses within that retail, within
8:21:56PM that commercial building, the grocery building, other than
8:22:00PM restaurant will require a rezoning before you.
8:22:02PM It is limited to restaurant so, with that, the modifications
8:22:08PM will make it consistent for the remaining DRC, but there is
8:22:12PM the inconsistent finding from transportation for parking.
8:22:16PM Staff is available for questioning.
8:22:18PM >>CHARLIE MIRANDA: Thank you very much.
8:22:18PM Petitioner?
8:22:21PM >> Good evening, Patricia Ortiz, my address for the record
8:22:25PM is 1541 North Dale Mabry, Lutz, Florida, 33594.
8:22:30PM And I'm here on behalf of the property owner.
8:22:34PM I think Abbye accurately identified our situation and our

8:22:37PM request.
8:22:38PM The site is confined, because it was built so long ago,
8:22:43PM there was no consideration for parking -- or no
8:22:47PM consideration for parking at all at that time.
8:22:50PM And we have a lot that has no room for parking.
8:22:54PM We have worked closely with the Tampa Heights civic
8:22:57PM association and received a letter of support from Tampa
8:23:00PM Heights civic association, which states, we understand that
8:23:05PM parking is the biggest obstacle.
8:23:07PM But we feel the positives outweigh the negatives in this
8:23:10PM case.
8:23:10PM We believe the parking will be tolerable because of the
8:23:15PM limited size and we also know neighbors will walk or bike,
8:23:19PM because that's what's happening now.
8:23:21PM It should be noted there's a lot of on-street parking around
8:23:24PM the property.
8:23:25PM It should be stating Leigh's is a stand-alone corner
8:23:28PM businesses with residences located in all directions for
8:23:30PM many blocks, so there's no chance of another business
8:23:33PM opening in this immediate area too magnify its parking
8:23:37PM issue.
8:23:37PM In addition, we have created a petition of support with 445
8:23:48PM signatures.
8:23:48PM They're not everyone who signed the petition has left their
8:23:52PM address.

8:23:53PM But of those that did, 161 of the people who signed this
8:23:58PM live within one half mile or less.
8:24:00PM And we consider that to be a walkable distance.
8:24:03PM 35 live less than one mile away.
8:24:07PM And 56 or more live less than two miles away, which would be
8:24:13PM considered a bikable distance.
8:24:16PM So we feel that some of the parking issue could be mitigated
8:24:21PM because we're in a walkable community.
8:24:23PM In addition, we have conducted our own parking study to show
8:24:30PM where parking is available.
8:24:32PM And conducting this study, we have observed the street
8:24:37PM parking that is occurring currently, many of the residences
8:24:43PM don't have driveways, so there is street parking that is
8:24:46PM ongoing.
8:24:46PM And we have come up with an available -- P available spots
8:24:54PM within an approximate quarter mile radius of the site.
8:24:57PM Now, these again, these spaces that are available consider
8:25:05PM that some people are already parking on the street.
8:25:08PM So if we notice there's a pattern of street parking, we have
8:25:12PM reduced that from the available number.
8:25:14PM We have used the FDOT standard, considered the requirements
8:25:19PM that there's no parking allowed within ten feet, or 30 feet
8:25:22PM of a stop sign and ten feet in either direction of a
8:25:26PM driveway.
8:25:27PM So we do feel that we're going to have a lot of people

8:25:31PM walking to our site.
8:25:32PM But that there is ample parking for those who choose to
8:25:36PM drive.
8:25:36PM And with that, I'm available for questions.
8:25:41PM >>CHARLIE MIRANDA: Any questions from Councilmembers?
8:25:43PM Mr. Suarez?
8:25:44PM >>MIKE SUAREZ: Quick question.
8:25:45PM What was Lee's originally, in 1897?
8:25:49PM There's a reason I'm asking.
8:25:50PM >> I'm not sure exactly what it was in 1897.
8:25:53PM But know from '77, from 1977 to 2007, it functioned as a
8:25:59PM convenience store.
8:25:59PM It was considered a nuisance property.
8:26:03PM The current owner has done a lot of remodeling and invested
8:26:07PM quite a bit of money and has come up with a concept, bodega
8:26:13PM type concept.
8:26:13PM The neighborhood is very much in support of.
8:26:16PM >>MIKE SUAREZ: The reason I was asking is because the reason
8:26:18PM why there's no parking is because there used to be a street
8:26:21PM car that ran by there.
8:26:23PM Was it on palm?
8:26:25PM Charlie?
8:26:26PM >>CHARLIE MIRANDA: Palm.
8:26:27PM >>MIKE SUAREZ: I always ask him about the historical
8:26:29PM questions.

8:26:30PM I'm not sure why.
8:26:31PM >>CHARLIE MIRANDA: I was there in 1897.
8:26:32PM [ Laughter ]
8:26:35PM >>MIKE SUAREZ: But the lot that is south of the property
8:26:39PM next to the duplex, it looked like an empty lot.
8:26:43PM Has there been, or in the past or has there been any
8:26:47PM discussions going forward about using that as a temporary or
8:26:52PM ongoing space for parking?
8:26:55PM >> Sort of.
8:26:55PM There has been conversation about using it as parking.
8:27:02PM We have talked to the Tampa Heights civic association and
8:27:04PM said, you know, we're interested in finding available
8:27:08PM parking for surface parking.
8:27:11PM But the neighborhood does not want a parking lot.
8:27:14PM >>MIKE SUAREZ: I understand.
8:27:15PM The only reason I asked is because you have, you know,
8:27:18PM peeves land that's there currently.
8:27:21PM I hope that whatever business is there, that it flourishes
8:27:25PM and that the restaurant does do well, you're going to have a
8:27:28PM lot of walkup traffic.
8:27:29PM But as it is with word of mouth, people will start driving
8:27:33PM over there.
8:27:33PM I don't live that far, but I'm not going to walk because of
8:27:36PM where I live.
8:27:37PM But at the same time, you're going to have that influx.

8:27:40PM I think we have received most of the e-mails and, about
8:27:43PM people in support of this and your testament with your 400
8:27:48PM and some signatures says that it is a wanted use.
8:27:53PM The problem is that it's a wanted use now, wanted to make
8:27:56PM sure if there was ways to make sure it continues to be that,
8:27:59PM because people change their mind and once it's zoned a
8:28:02PM certain way, it's zoned a certain way.
8:28:05PM I always want to make sure that we have got everybody on
8:28:07PM board so to speak about something like this.
8:28:10PM Looks like you've done a lot of your homework already on it.
8:28:13PM >> Thank you.
8:28:13PM And I have.
8:28:14PM There is the parcel, like you say, to the south.
8:28:19PM And then there's a parcel to the east, which are currently
8:28:22PM vacant.
8:28:22PM And I believe if the, if the restaurant flourishes like we
8:28:27PM assume or hope that it would, that those property owners may
8:28:30PM be interested in talking to us about surface parking and
8:28:34PM then we could then talk to the neighborhood and figure out
8:28:36PM what we could do.
8:28:37PM I think some screening and buffering would probably be very
8:28:40PM much warranted and would be willing to take that step.
8:28:44PM But our first priority of course is getting open and
8:28:47PM providing a meeting place for the neighborhood.
8:28:51PM >>MIKE SUAREZ: Thank you very much.

8:28:53PM >>CHARLIE MIRANDA: Okay.
8:28:54PM Any other questions?
8:28:57PM Are you finished with your presentation at this time?
8:29:00PM >> Yes, I am.
8:29:01PM >>CHARLIE MIRANDA: You have five minute rebuttal.
8:29:02PM Let me ask the public.
8:29:03PM Anybody in the public here to speak on item number 8?
8:29:07PM Z13-17.
8:29:08PM Yes, ma'am?
8:29:09PM >> Good evening, chair.
8:29:10PM Good evening, Council.
8:29:11PM Before I start my time, Kelly Bailey was here.
8:29:15PM She was the president of the V.M. Ybor association.
8:29:18PM She had some leave.
8:29:19PM She wants me to present her letter and say she also
8:29:22PM personally recommended.
8:29:24PM Thank you.
8:29:31PM For the record, my name is Fran Costantino, president of the
8:29:37PM historic board and civic association and by profession, I'm
8:29:40PM a real estate broker that specializes in historic property
8:29:43PM also.
8:29:43PM I probably have never said that before, other than before
8:29:45PM the A.R.C. for this file only.
8:29:48PM I think it's rather crass to come and use this podium as an
8:29:52PM advertisement for your business.

8:29:53PM So I don't.
8:29:54PM But the reason it's relevant in this case is that I am so
8:29:58PM familiar with this property, not a hundred years when it
8:30:02PM started, but probably in the last 30 or 40.
8:30:04PM I sold houses for Tampa Preservation, Inc. on Francis, a
8:30:10PM half a block from this property, when it was so blighted.
8:30:14PM I mean, the houses that she showed, the one that was boarded
8:30:18PM up is what almost every house within a block to two blocks
8:30:22PM in that area looked like.
8:30:24PM I think you all know that I'm fairly fearless.
8:30:27PM But actually when I went to show the house on Francis for
8:30:31PM Tampa Preservation Inc., there was a camp -- I don't even
8:30:35PM think crack was out at that time.
8:30:36PM But I used to go to that house a half an hour early with a
8:30:40PM trash bag and literally picked up, used needles, bullet
8:30:43PM shells, condoms, trash, everything.
8:30:47PM There was a camp, the dead end at Francis at the interstate.
8:30:50PM And then to the other side going west was also the same
8:30:54PM thing with blighted houses.
8:30:56PM Mr. Versaggi had a tenant there before that catered to
8:31:01PM alcoholics and to drug addicts.
8:31:04PM And what this girl has done by cleaning up this area is
8:31:07PM absolutely remarkable.
8:31:08PM And I'm asking for your support.
8:31:12PM And I think she's done a remarkable job and will be a real

8:31:15PM asset to Tampa Heights.
8:31:16PM Thank you.
8:31:17PM >>CHARLIE MIRANDA: Thank you very much.
8:31:17PM Next please?
8:31:21PM >> Hi, my name is Doug Phillips.
8:31:24PM I've been sworn in.
8:31:25PM 312 West Francis Avenue.
8:31:27PM I just live down the street and I'm just here in support of
8:31:30PM this establishment gets its approval to move on tonight.
8:31:35PM And I also have -- they brought up the elementary school in
8:31:39PM the neighborhood.
8:31:40PM I have a daughter at that elementary school.
8:31:43PM And I also am involved with the community garden at the end
8:31:47PM of Francis.
8:31:48PM And this establishment Lee's groceries, have been very
8:31:54PM helpful with our fund-raising efforts.
8:31:56PM They're a good neighbor to have.
8:31:57PM I only wish that they would be allowed to be open for lunch.
8:32:01PM [ Laughter ]
8:32:03PM >> I also work in the neighborhood too.
8:32:05PM Anyway.
8:32:05PM That's my say.
8:32:06PM Thank you.
8:32:07PM >>CHARLIE MIRANDA: Thank you very much.
8:32:08PM Next please?

8:32:12PM >> My name is Cedric Luther.
8:32:15PM Also been sworn in.
8:32:16PM I live in Tampa Heights, 401 East Ross Avenue.
8:32:19PM Also own three properties surrounding Lee's grocery and two
8:32:25PM commercial properties.
8:32:26PM Just want to let you know I am in support, my wife and I of
8:32:30PM Lee's grocery and the changes that have been made there.
8:32:33PM Thank you very much.
8:32:33PM >>CHARLIE MIRANDA: Thank you very much.
8:32:34PM Next please?
8:32:35PM >> Mel lien focus.
8:32:38PM 210 east Ross Avenue.
8:32:39PM Resident for 10 years and Lee's since they're been there,
8:32:43PM they have cleaned up the neighborhood.
8:32:44PM That corner does not have the alcoholics and drug addicts
8:32:47PM that used to sit there.
8:32:50PM And I support them and I wish they'll stay.
8:32:53PM They have great ice cream.
8:32:57PM >>CHARLIE MIRANDA: Next please?
8:32:59PM >> My name is Morgan Lynch.
8:33:01PM 5602 North Olin, a bikable distance from the Lee's grocery
8:33:07PM site.
8:33:07PM When my wife and I moved in there about five years ago, we
8:33:11PM moved because it was a growing community, independent
8:33:13PM businesses.

8:33:13PM Unique character.
8:33:15PM You know, initially in this particular neighborhood, where
8:33:19PM Lee's is now, didn't have a whole lot of business, other
8:33:22PM than go to the central city YMCA.
8:33:24PM When Lee's opened up, there's a reason to go down the
8:33:27PM neighborhood.
8:33:28PM I brought friends, family, people in town, out of town.
8:33:31PM Brought them down there and I say good number, probably all
8:33:35PM repeat customers.
8:33:36PM And all big fans.
8:33:37PM When I talked to co-workers and colleagues throughout the
8:33:40PM day, we get to talking, find out, yeah, I live in Tampa
8:33:45PM Heights, central Heights urban corridor.
8:33:47PM A lot of people tell you about places they used to live,
8:33:50PM Atlanta, Boston, San Francisco.
8:33:51PM They say we just can't understand why this urban corridor
8:33:56PM isn't the most sought after swampland in the city.
8:33:59PM There's going to be places like Lee's grocery and allowing
8:34:02PM them to fully develop their properties to max use.
8:34:05PM It's going to make that lap.
8:34:06PM Thinkty City of Tampa, far be it for me to tell you your
8:34:13PM business, but I don't see this city in any position where we
8:34:16PM can stand in the way of development of a place like Lee's
8:34:19PM grocery.
8:34:20PM It's establishment that's going to help the neighborhood

8:34:23PM grow in responsible way.
8:34:24PM I'm here in support of it.
8:34:27PM >>CHARLIE MIRANDA: I'm just talking with the clerk.
8:34:29PM >> That's all I have.
8:34:30PM >>CHARLIE MIRANDA: You never took your time on.
8:34:31PM I was watching.
8:34:32PM I watch the clerk too.
8:34:34PM He watches me.
8:34:35PM We don't even like each other.
8:34:37PM [ Laughter ]
8:34:38PM >>CHARLIE MIRANDA: No we do.
8:34:39PM He's a nice guy.
8:34:40PM Next please?
8:34:41PM I'm sorry.
8:34:42PM I just had to move the crowd a little bit.
8:34:43PM >> My name is Denise Banach, 2108 North Jefferson Street.
8:34:50PM I've been there over 17 years and absolutely love my diverse
8:34:53PM neighborhood and I love Jennifer and John and the rest of
8:34:57PM the group that run that place.
8:34:59PM And I truly hope that everything they're going for will be
8:35:03PM okayed.
8:35:04PM As far as the parking, I don't see an issue and I'm like
8:35:08PM less than two blocks away.
8:35:09PM And I just hope it comes to pals.
8:35:14PM What that first lady said, I can tell you some stories too.

8:35:17PM >>CHARLIE MIRANDA: Thank you very much.
8:35:18PM Anyone else who has not spoken care to speak on this item?
8:35:23PM , petitioner, you have five minutes for rebuttal, you care
8:35:26PM to use them?
8:35:29PM >> No, sir.
8:35:30PM >>CHARLIE MIRANDA: All right.
8:35:30PM I need a motion to close have a motion to close by
8:35:34PM Mr. Suarez, seconded bring Cohen.
8:35:36PM All in favor of the motion, please indicate by saying aye.
8:35:37PM Opposed nay.
8:35:38PM The ayes have it unanimously.
8:35:39PM Mr. Cohen, would you kindly take item number 8, please?
8:35:44PM >>HARRY COHEN: Thank you very much.
8:35:45PM I will, Mr. Chair.
8:35:47PM I move an ordinance being presented for first reading
8:35:50PM consideration, an ordinance rezoning property in the general
8:35:53PM vicinity of 2206 and 2210 north Central Avenue in the City
8:35:58PM of Tampa, Florida, and more particularly described in
8:36:01PM section 1, from zoning district classification, RM-24,
8:36:06PM residential multi-family to PD planned development,
8:36:09PM restaurant and residential single-family semi-detached,
8:36:13PM providing an effective date.
8:36:14PM >> Second.
8:36:15PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I have a
8:36:16PM second by Mr. Suarez.

8:36:18PM Further discussion by Councilmembers in all in favor of the
8:36:20PM motion, please indicate by saying aye.
8:36:21PM Opposed nay?
8:36:24PM The ayes have it unanimously.
8:36:25PM Thank you all very much for attending.
8:36:28PM >>THE CLERK: Motion carried with Mulhern being absent.
8:36:30PM Capin being absent at vote and Montelione abstaining.
8:36:34PM Second reading and adoption will be April 4th 9:30 a.m.
8:36:37PM >>CHARLIE MIRANDA: We go to item number 9.
8:36:41PM >>ABBYE FEELEY: Thank you.
8:36:42PM Item number 9 is Z13-18.
8:36:46PM It's located at 3411 and 3413 West Tampa bay Boulevard.
8:36:51PM The request before you tonight is from RS-50 residential
8:36:57PM single-family to PD, planned development restaurant, retail,
8:37:01PM office, business professional, and residential single-family
8:37:05PM detached.
8:37:12PM >> Good evening, Councilmembers, David Hay again with your
8:37:15PM Planning Commission staff and I have been sworn.
8:37:17PM We stick with the central Tampa planning district for our
8:37:19PM next case, which is located east of the intersection of
8:37:22PM North Himes Avenue and west Tampa Bay Boulevard.
8:37:25PM The site is just east of Raymond James Stadium.
8:37:27PM Next we have the aerial, the subject site is in the center
8:37:32PM of the map.
8:37:33PM Moving clockwise from the site, we can see the mixture of

8:37:36PM vacant land, single-family residential and a large TECO
8:37:39PM substation to the north.
8:37:41PM You can also see the ABC television studios just northwest
8:37:45PM of the subject site.
8:37:46PM We have a mixture of residential office and light commercial
8:37:51PM uses to the east along west Tampa Bay Boulevard.
8:37:53PM To the south is the predominantly single-family detached
8:37:56PM neighborhood of northeast McFarland.
8:37:58PM And to the west is Raymond James Stadium.
8:38:00PM Finally we have the future land use map.
8:38:05PM You can see the subject site and majority of parcels along
8:38:09PM the west Tampa Bay Boulevard corridor are designated
8:38:12PM residential 20.
8:38:12PM The parcels located to the north of the subject site and
8:38:16PM south of Tampa Bay Boulevard are designated residential 10.
8:38:19PM The darker brown area at the southeast corner of Himes
8:38:23PM avenue and hider street is residential 35.
8:38:25PM And the pink color is community mixed use 3035.
8:38:30PM Blue on the far left is the public quasi-public representing
8:38:33PM Raymond James Stadium.
8:38:33PM Planning Commission staff found that the request to planned
8:38:37PM development zoning district would allow for recognition of
8:38:40PM four existing structures, some dating back to the 1940s.
8:38:43PM The rezoning would also allow for some site improvements,
8:38:47PM bring it more in line with current land development code

8:38:49PM requirements.
8:38:50PM The rezoning would also allow for the continued operation of
8:38:53PM an independent business, which is supported by policy 18.1.1
8:38:58PM of the comprehensive plan.
8:38:59PM Therefore, based on all that and the goals, objectives and
8:39:03PM policies of the comprehensive plan, Planning Commission
8:39:05PM staff finds the rezoning request consistent with the Tampa
8:39:08PM comprehensive plan.
8:39:15PM >>ABBYE FEELEY: As the previous case was built 1897, one of
8:39:19PM the structures we're going to talk about on this case was
8:39:21PM built in 1946.
8:39:23PM Prior to the two times zoning conformance in the city of
8:39:27PM Tampa which was in '56 and '87.
8:39:30PM The request before you tonight is from RS-50 residential
8:39:33PM single-family to PD planned development.
8:39:35PM And did I list a couple use, restaurant, retail, business
8:39:39PM professional office.
8:39:40PM And residential single-family detached.
8:39:42PM This is one zoning lot, with four structures on it.
8:39:47PM Three single-family residences, as you'll see on the site
8:39:50PM plans that I provided.
8:39:52PM And one commercial building.
8:39:55PM That commercial building has been occupied since 1946 with a
8:39:59PM number of different uses, including a barber shop, a
8:40:04PM convenience store.

8:40:07PM And given its current use, restaurant use, it is a change of
8:40:12PM use from those prior -- prior uses, historical uses and does
8:40:18PM require rezoning of the property.
8:40:21PM It is requesting to retain the lot as one zoning lot with
8:40:25PM the existing structures as constructed and a new parking lot
8:40:28PM that would be constructed adjacent to the commercial
8:40:30PM building area and along the western property line.
8:40:33PM Although the site plan shows four parcels, those are just
8:40:41PM for the designation of use on the property.
8:40:44PM These parcels cannot be sold independently.
8:40:47PM This does have to remain as one single zoning lot.
8:40:50PM This is the zoning atlas.
8:41:02PM Everything along the northern corridor here is the RS-50.
8:41:06PM There are some PDs.
8:41:08PM We recently did one down to the east from here for a
8:41:12PM business professional office.
8:41:13PM Predominant use the RS-50.
8:41:17PM You also have some PDs along Himes avenue.
8:41:20PM The CI is Raymond James Stadium, as David already discussed.
8:41:24PM Here is an aerial of the site.
8:41:26PM The commercial structure I'm referring to is here.
8:41:28PM At the southwest corner, there are three residential
8:41:32PM structures.
8:41:33PM We'll show you some other pictures of those.
8:41:35PM Also located on the property.

8:41:36PM This does interface with all single-family residential.
8:41:40PM As you'll see on the layout provided on your site plan, this
8:41:44PM onstreet parking, nonconforming parking, backing in the
8:41:48PM right-of-way parking you see there will be going away as
8:41:50PM part of this application.
8:41:51PM And the parking will be located on the property as well as
8:41:55PM along this western portion of the property here as shown on
8:41:58PM the site plan.
8:41:59PM Here is a picture of the site.
8:42:03PM That is the commercial structure on the site.
8:42:09PM Here is one of the residences.
8:42:12PM This is the property to the west.
8:42:14PM This is a look down Tampa Bay to the west.
8:42:18PM This is from the rear of the structure, where some of the
8:42:21PM parking is now.
8:42:22PM This is going to be improved.
8:42:23PM To the area here.
8:42:26PM This is single-family residence in the rear.
8:42:30PM This is also in the rear of the property.
8:42:33PM This is on the eastern side.
8:42:40PM This is back toward the front.
8:42:43PM Missing one.
8:42:50PM And along the north, there's a combination of CMU masonry
8:42:55PM wall and then some chain link.
8:42:59PM I had one other...

8:43:02PM The proposed setbacks are north 20 feet, south 8-foot to the
8:43:09PM building, four foot to the can flown.
8:43:11PM West, ten foot.
8:43:13PM To the building, six foot to the canopy.
8:43:16PM And the east seven foot.
8:43:18PM Maximum building height is proposed at 35 feet.
8:43:21PM The required parking for this site as a whole is 21 spaces
8:43:25PM and 23 spaces are being provided.
8:43:27PM There are two waivers being requested.
8:43:30PM The first is to allow reduction in the use-to-use buffer for
8:43:34PM the west, which would be 15 feet with a concrete masonry
8:43:38PM wall to four and a half feet with a six feet PVC fence and
8:43:43PM from 15-foot to 5.2 feet on the east with the existing
8:43:48PM fence.
8:43:48PM That would be the residential to residential, but since
8:43:52PM there are commercial uses on the property, the greater
8:43:54PM buffer still applies.
8:43:55PM The second is to allow for reduction, the vehicle use area
8:43:58PM buffer, from eight foot to zero foot.
8:44:01PM And that is only applicable to that little, the first space
8:44:11PM right on Tampa Bay.
8:44:12PM That eight foot is this area here.
8:44:14PM Which is where that waiver is being requested since it's
8:44:18PM paved all the way up there.
8:44:19PM There would be required an eight foot buffer there.

8:44:22PM That being said, there are some minor modifications, land
8:44:29PM development coordination need the setbacks revised for the
8:44:32PM south to be eight foot to the building, four foot to the
8:44:34PM canopy and west ten foot to the building, six foot to the
8:44:37PM canopy and revise the site plan waivers as listed on the
8:44:40PM front page.
8:44:42PM Transportation had a few comments.
8:44:45PM Site plan modifications to revise the right-of-way,
8:44:49PM restoration note that they will remove existing pavement and
8:44:53PM restore the right-of-way with grass along west Tampa Bay.
8:44:57PM That's that nonconforming parking I was referring to.
8:45:00PM And then to revise the pavement type legend and drawing to
8:45:03PM depict the six designated parking spaces for the
8:45:07PM residential.
8:45:07PM Lastly, natural resources had some site plan modifications
8:45:11PM to be made in between first and second reading.
8:45:13PM Those are the outlined on page 3.
8:45:16PM And stormwater also had a note that if there's more than
8:45:22PM 3,000 square foot of new impervious, then they will be
8:45:25PM required to retain the first half inch of runoff at the time
8:45:29PM of permitting.
8:45:29PM That being said, if those modifications are made in between
8:45:33PM first and second reading, the Development Review Committee
8:45:35PM will find the application consistent.
8:45:38PM >>CHARLIE MIRANDA: Thank you very much.

8:45:38PM Petitioner?
8:45:48PM >> Good evening, Mr. Chairman and Councilmembers.
8:45:50PM My name is Pedro Rodriguez.
8:45:52PM My address is 607 West Martin Luther King, Tampa, Florida,
8:45:56PM 33603.
8:45:58PM I'm here tonight with the owner of the property, Roberto
8:46:01PM Gonzalez.
8:46:01PM He's been the owner of the property for 43 years and also
8:46:04PM with Jeremy Couch, who prepared the site plan that is
8:46:08PM presented with the application.
8:46:09PM Want to thank Ms. Feeley and Mr. Hay for their assistance in
8:46:13PM the application process.
8:46:14PM Mr. Gonzalez purchased this property back in 1970.
8:46:18PM When he purchased the property, the commercial building was
8:46:21PM used as a meat market and also as a barber shop.
8:46:24PM And from then on, it's been used, mostly as a convenience
8:46:30PM store.
8:46:30PM But in the last several years, it has been reused as a
8:46:34PM restaurant.
8:46:34PM He received a citation from the code enforcement office last
8:46:42PM fall, which cited him for improper use of the property,
8:46:47PM which is what prompted this application.
8:46:49PM And we're not asking to -- we're not saying that anything is
8:46:54PM really going to change.
8:46:55PM We're just trying to preserve the existing use of the

8:46:59PM property.
8:47:00PM Obviously, making the changes that land development would
8:47:03PM like us to see make over there.
8:47:06PM And we ask the petition be approved.
8:47:09PM Thank you.
8:47:10PM >>CHARLIE MIRANDA: Thank you very much.
8:47:11PM Anyone in the audience care to speak on this item number
8:47:18PM nine?
8:47:18PM Please come forward.
8:47:24PM >> My name is Marian Kohrs.
8:47:27PM I live right next to the property, at 3415 west Tampa Bay
8:47:31PM Boulevard.
8:47:31PM I have some pictures I'd like to show you.
8:47:34PM We are in favor as long as they put up a wall.
8:47:40PM They have -- I don't know if you can see these or not.
8:47:46PM >>CHARLIE MIRANDA: We can see that.
8:47:47PM >> They have right here, you can see, there is buckets of
8:47:49PM oil that the restaurant is putting in the buckets of oil.
8:47:53PM There's also have the grease trap here that's overflowing.
8:47:56PM The grease is on the ground.
8:47:58PM That's one picture.
8:47:59PM There's a better picture right here.
8:48:05PM And if you can't open the windows during the debuts if
8:48:08PM there's a good breeze, you're going to get the wife of the
8:48:12PM cooking grease.

8:48:12PM Also dealing with wax.
8:48:14PM There's more like here.
8:48:18PM We called the EPA.
8:48:22PM I don't know if they were fined or not.
8:48:24PM The previous owner, the one that was, they were dumping the
8:48:28PM cooking grease out on to Tampa Bay Boulevard into the
8:48:31PM ground.
8:48:31PM There was several gallons.
8:48:33PM And also with the issue with the parking, you cannot see to
8:48:38PM come off, if you're coming down Lynn, if you want to turn to
8:48:43PM the left, you cannot see.
8:48:44PM We watch people go down the street with the baby stroll lers
8:48:47PM in the streets because they cannot come down the sidewalk,
8:48:50PM which you can see the picture here.
8:48:54PM With the parking.
8:48:56PM They park, pull right up to the sidewalk.
8:48:59PM And every day you're watching cars try to get out, which
8:49:02PM they can't see to get out.
8:49:03PM So you have to go a different route.
8:49:05PM Those are some of the concerns I just wanted to bring up to
8:49:08PM you.
8:49:09PM What we would like to see is a wall up so we would have
8:49:13PM privacy where we don't have to see this.
8:49:16PM And have to deal with this.
8:49:18PM But there's the oil, like I'm saying, the oil on the ground.

8:49:23PM Constant basis, watching them do this.
8:49:25PM Then you can look over here.
8:49:29PM They've have 18 critical violations as the restaurant since
8:49:33PM 2011, noncompliance.
8:49:37PM Since 2011.
8:49:38PM They have been cited.
8:49:39PM Both noncompliance and rodent problems.
8:49:48PM I look at the parking situation and also would like a
8:49:51PM privacy wall.
8:49:52PM That's all I have to say.
8:49:53PM >>CHARLIE MIRANDA: Petitioner?
8:49:54PM Anyone else, I'm sorry.
8:49:56PM Thank you very much.
8:49:59PM Yes, ma'am?
8:50:00PM >> Good evening, Councilmembers.
8:50:01PM My name is Orchid Palasky.
8:50:04PM I live maybe 50, 60 feet away from this building.
8:50:09PM And my concern is the parking in front of the restaurant.
8:50:16PM That is a city right-of-way.
8:50:21PM The people that come in to the restaurant, they butt up to
8:50:29PM the building itself, which has like a patio out in front.
8:50:33PM And if you're going down -- if you're going east, or south
8:50:40PM on Webb and Tampa Bay, you literally take your life in your
8:50:48PM hands trying to get out on to Tampa Bay.
8:50:51PM Subsequently, you'll either have to go around the block or

8:50:59PM get on to Himes to get back on to Tampa Bay.
8:51:04PM It is a danger.
8:51:07PM They have been told.
8:51:10PM There was a right-of-way sign that was there before.
8:51:17PM It's not there any more.
8:51:18PM So, there is a about maybe six or seven cars, and they're
8:51:25PM not little cars.
8:51:26PM They are big SUVs.
8:51:28PM That park in front, blocking the exit out of Webb avenue.
8:51:35PM On to Tampa Bay.
8:51:38PM That is my concern.
8:51:39PM And I would like to see that addressed, where there is no
8:51:48PM parking in front of the store any more.
8:51:51PM There is plenty parking in the back, as it is now.
8:51:58PM For them to park.
8:51:59PM Thank you.
8:52:02PM >>CHARLIE MIRANDA: Thank you very much.
8:52:05PM >>MIKE SUAREZ: Before you go, what's your address?
8:52:09PM >> 4,004 north Webb avenue.
8:52:11PM >>MIKE SUAREZ: So you're essentially behind.
8:52:13PM >> Behind, yes.
8:52:14PM >>MIKE SUAREZ: Okay, I just wanted to make sure.
8:52:16PM Thank you.
8:52:18PM Couple questions.
8:52:24PM Where is Ms. Feeley at?

8:52:27PM I can't lose you with that green outfit.
8:52:30PM >>ABBYE FEELEY: You have to stop with the green.
8:52:31PM [ Laughter ]
8:52:31PM I met my husband on St. Patrick's day 12 years ago.
8:52:36PM >>MIKE SUAREZ: Reason why your name is Feeley.
8:52:38PM Question.
8:52:39PM I think you mentioned during your presentation that the
8:52:45PM on-street parking was going to be eliminated with this site
8:52:48PM plan.
8:52:49PM >>ABBYE FEELEY: Yes.
8:52:50PM I was actually back talking to our transportation
8:52:52PM representative because they're having a note on the plan
8:52:54PM that says that, that area -- let me show you, will need to
8:53:01PM be restored with grass.
8:53:01PM When I was back there confirming was that that could
8:53:04PM actually be curb, so that they're not pulling up on the
8:53:11PM grass.
8:53:12PM So this area here is going to be restored with grass on the
8:53:21PM side of the.
8:53:25PM >>MIKE SUAREZ: Would be on the south side of the sidewalk.
8:53:28PM >>ABBYE FEELEY: On the south side of the sidewalk.
8:53:29PM So you'd have the sidewalk.
8:53:31PM This portion here would all need to be grassed and then
8:53:36PM curbed.
8:53:36PM So that people cannot pull up there.

8:53:40PM >>MIKE SUAREZ: A second question is, Ms. Cores had made a
8:53:45PM comment.
8:53:45PM I'm trying to place where 3415 is in relation to this.
8:53:50PM Is it going east or west?
8:53:57PM >> Right there.
8:53:59PM >>MIKE SUAREZ: So there's going to be a hedge there,
8:54:01PM correct?
8:54:03PM Am I looking at that.
8:54:04PM >> What they're asking for on the site plan was a PVC fence
8:54:08PM and then there's going to be some trees planted.
8:54:12PM These are going to be trees planted.
8:54:13PM I do not see a hedge.
8:54:16PM >>MIKE SUAREZ: I'm looking --
8:54:18PM >>ABBYE FEELEY: The hedge is further down adjacent to the
8:54:20PM vehicle use area here.
8:54:22PM Then there are existing trees.
8:54:23PM Which I guess was a reason for the PVC back further back
8:54:28PM here, because it's hard to put that masonry wall on top of
8:54:31PM those root systems.
8:54:32PM But here, I mean, you would have the opportunity to wall it.
8:54:37PM They have a waiver -- code requires that you wall it.
8:54:40PM There's a waiver request to allow for the PVC fence in that
8:54:44PM location.
8:54:44PM So that could be a modification should that be the pleasure
8:54:47PM of Council in response to that comment.

8:54:49PM >>MIKE SUAREZ: Because right now it's going to be a six foot
8:54:52PM PVC fence as per the site plan, correct in.
8:54:56PM >>ABBYE FEELEY: That is what's being requested, correct.
8:55:00PM The other thing is the notation was just from transportation
8:55:03PM to add that, restore the grass, but we would ask that be
8:55:07PM modified to add the curbing from the radius of the driveway
8:55:12PM back down.
8:55:13PM >>MIKE SUAREZ: Perfect.
8:55:14PM Okay.
8:55:15PM The reason I'm asking is because obviously those are the two
8:55:18PM most cited issues.
8:55:22PM The grease from the restaurant is something that is not.
8:55:27PM >>ABBYE FEELEY: I was mentioning that to Ms. Cole.
8:55:29PM Right now, you know, they cannot go into permitting for a
8:55:33PM change of occupancy because restaurants not an allowable
8:55:36PM use.
8:55:37PM Once this use would be approved, they would be subject to a
8:55:39PM change of occupancy at the development services center in
8:55:43PM order to legally establish the restaurant and at that time,
8:55:46PM they're going to need to be reviewed for such items as a
8:55:49PM functioning grease trap, the hood, the other things.
8:55:51PM Right now it can't be permitted because the use is not a
8:55:54PM permissible use.
8:55:57PM >>MIKE SUAREZ: You said exactly what I was going to say.
8:55:59PM And if you believe that --

8:56:02PM >>ABBYE FEELEY: The luck of the green.
8:56:03PM >>CHARLIE MIRANDA: Now we have two green minds.
8:56:05PM >>MIKE SUAREZ: Mr. Rodriguez?
8:56:07PM If I could ask you a quick question.
8:56:09PM Since we are on that same thing.
8:56:10PM You've heard the questions from some of the neighbors.
8:56:15PM Some of the requests that were made.
8:56:17PM Obviously, one is already part of the site plan.
8:56:20PM The second one is somewhat part of the site plan.
8:56:26PM >> If I may.
8:56:27PM >>MIKE SUAREZ: Sure.
8:56:31PM >> Right here is where the fence ends.
8:56:39PM And I think the concern is right around here.
8:56:43PM So we could actually modify the request and continue with
8:56:49PM the fence southward.
8:56:55PM >>MIKE SUAREZ: So you agree with doing something like that?
8:56:57PM >> Yes.
8:56:58PM We could do something like that.
8:56:59PM And obviously I'll speak with the owners, I'm sorry, with
8:57:05PM the tenants with regard to the use of the grease trap and so
8:57:08PM forth.
8:57:09PM >>MIKE SUAREZ: They're going to have a lot of other
8:57:10PM discussions with other people that aren't going to be as
8:57:12PM nice as you are.
8:57:13PM Once that use comes -- is a conformed use.

8:57:17PM So you know, they're going to have a lot of other issues.
8:57:20PM But thank you.
8:57:21PM I appreciate that.
8:57:22PM Thank you, chair.
8:57:23PM >>CHARLIE MIRANDA: Thank you, Mr. Suarez.
8:57:25PM Ms. Montelione?
8:57:26PM >>LISA MONTELIONE: Mr. Rodriguez, if you could put the site
8:57:28PM plan back on.
8:57:29PM I just want to be clear when you said we could extend the
8:57:34PM fence -- and you might be, Mr. Couch is looking at this.
8:57:39PM Jeremy?
8:57:39PM Actually he might be the one that needs to address this,
8:57:42PM because I think that's maybe what you were talking about.
8:57:46PM How far back can you take that fence and how much room do
8:57:49PM you have, because if you plant the hedge, is the fence going
8:57:55PM to be behind the hedge?
8:57:57PM Is there enough room?
8:57:58PM How far back can you take that fence?
8:58:00PM Those kinds of questions.
8:58:03PM >> Jeremy Couch, 5289 Ehrlich Road, Tampa, 33624.
8:58:08PM To answer your question, the fence is going to run the
8:58:11PM length of the entire west property line.
8:58:13PM >>LISA MONTELIONE: Oh, okay.
8:58:14PM I couldn't tell looking at the site plan because I see, you
8:58:18PM know, the arrow with the fence is right at that second bush.

8:58:22PM And it gets a little crowded on the site plan so was hard to
8:58:26PM see where the fence line was.
8:58:28PM >> The fence has to buffer the parking --
8:58:31PM >>LISA MONTELIONE: So goes all the way back.
8:58:33PM That's it.
8:58:34PM >> As far as between the fence and the wall, I believe that
8:58:36PM the fence will be a little bit more attractive ongoings.
8:58:39PM The PVC for the neighbor, versus unfinished block wall.
8:58:43PM I think they both have the same sound attenuation
8:58:47PM capabilities.
8:58:48PM Thank you.
8:58:50PM >>CHARLIE MIRANDA: Thank you very much.
8:58:50PM Anyone else who has not spoken care to speak at this time?
8:58:56PM Yes?
8:58:56PM >> Julie Mandell, legal department.
8:58:58PM I have given the clerk an ordinance that I need to
8:59:01PM substitute to add in to the title.
8:59:05PM Office, business professional is one of the allowable uses,
8:59:08PM pardon of this PD.
8:59:09PM It was presented and was part --
8:59:11PM >>CHARLIE MIRANDA: Can write it?
8:59:13PM >>JULIA MANDELL: I have actually given it to the clerk.
8:59:17PM >>CHARLIE MIRANDA: Got it.
8:59:17PM Okay, need a motion to close, have a motion to close by
8:59:22PM Ms. Montelione, second by Mr. Cohen.

8:59:24PM All in favor of the motion, please indicate by saying aye.
8:59:26PM Opposed nay.
8:59:28PM The ayes have it unanimously.
8:59:29PM I think that once this is done, it's going to be enhancement
8:59:34PM to people who live in the neighborhood for the betterment,
8:59:37PM once they get the control, like Mr. Suarez mentioned earlier
8:59:40PM about different agencies coming in to effect.
8:59:43PM Mr. Reddick, would you kindly read the ordinance please?
8:59:46PM >>FRANK REDDICK: Yes, Mr. Chair.
8:59:49PM >>CHARLIE MIRANDA: The ordinance as --
8:59:53PM >>FRANK REDDICK: Move an ordinance rezoning the property in
8:59:55PM general vicinity of 3411, 3413 and 3413 and a half west
9:00:00PM Tampa Bay Boulevard, in the City of Tampa, Florida and more
9:00:03PM particularly described in section 1, from zoning district
9:00:06PM classification, RS-50, residential single-family to PD,
9:00:11PM planned development, office, business professional,
9:00:14PM restaurant, retail and residential single-family detached,
9:00:18PM providing an effective date.
9:00:18PM Along with the revision sheets and fence.
9:00:26PM >> Second.
9:00:27PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
9:00:28PM Mr. Suarez.
9:00:29PM All in favor of the motion, please indicate by saying aye.
9:00:31PM Opposed nay.
9:00:33PM The ayes have it unanimously.

9:00:33PM Thank you all very much for attending.
9:00:37PM >> Motion carried with Mulhern being absent.
9:00:39PM Second reading and adoption April 4th, at 9:30 a.m.
9:00:43PM >> We mentioned the revision sheet and the fence, but not
9:00:46PM the curb.
9:00:47PM >>CHARLIE MIRANDA: The curb is already on the main -- what
9:00:52PM do you call it, document, wasn't it?
9:00:56PM >>ABBYE FEELEY: I told him, the curb, that notation needed
9:00:59PM to be modified to say to restore the grass and curb.
9:01:04PM >>CHARLIE MIRANDA: Let me just -- that was left out.
9:01:07PM Let me reopen one second.
9:01:08PM Need a motion to reopen.
9:01:10PM Have a motion to reopen by Mr. Cohen, second bring Suarez.
9:01:13PM All in favor of the motion, please indicate by saying aye.
9:01:16PM The ayes have it unanimously.
9:01:16PM Mr. Reddick, would you modify that original statement for
9:01:20PM that adding with was stated by Ms. Montelione.
9:01:24PM >>FRANK REDDICK: Move to include the revisions as well as
9:01:28PM the grass and curb.
9:01:34PM >>CHARLIE MIRANDA: That includes everything, the grass,
9:01:37PM fence and curb.
9:01:38PM Motion played by Mr. Reddick, second by Mr. Cohen.
9:01:41PM All in favor of the motion, please indicate by saying aye.
9:01:43PM Opposed nay.
9:01:45PM The ayes have it unanimously.

9:01:45PM Thank you all very much.
9:01:48PM >> The fence is running all the way along the western side.
9:01:54PM >>CHARLIE MIRANDA: All right.
9:01:54PM Number 10.
9:01:56PM >> Motion carried with Mulhern being absent.
9:01:59PM Second reading and adoption will be April 4th at 9:30 a.m.
9:02:04PM >>CHARLIE MIRANDA: The clerk has asked for three minute
9:02:06PM recess.
9:02:06PM I'm going to give them five.
9:02:08PM Just in case Councilmember or two doesn't come back,
9:02:11PM including myself.
9:02:12PM Only joking with you.
9:02:13PM So we're going to take a five minute recess.
9:02:15PM [ Recess ]
9:10:15PM >>CHARLIE MIRANDA: City Council is called back in session.
9:11:08PM Roll call?
9:11:10PM [Roll Call]
9:11:13PM >>YVONNE CAPIN: Present.
9:11:15PM >>FRANK REDDICK: Here.
9:11:17PM >>HARRY COHEN: Here.
9:11:20PM >>CHARLIE MIRANDA: Here.
9:11:20PM Okay, we go to item number 10.
9:11:24PM >>ABBYE FEELEY: Item number 10, Z13-19 is actually a
9:11:28PM rezoning from 2011 that's seeking minor modifications that
9:11:32PM exceed that which can be approved through the substantial

9:11:34PM change criteria.
9:11:36PM It's located 1702 and 1720 West Kennedy Boulevard.
9:11:40PM 10 and 112 south Packwood and 111 south Rome.
9:11:45PM It's PD planned development, day care, school and office
9:11:48PM business professional and medical to PD, planned
9:11:51PM development, day care, school and office, business
9:11:53PM professional and medical.
9:11:54PM It was considered under Z11-29.
9:11:57PM Ordinance 2011, 111, or 111, which was approved last year --
9:12:04PM no, year before last.
9:12:05PM Sorry.
9:12:11PM >> Again, good evening, commissioners.
9:12:13PM David Hay, Planning Commission staff and I have been sworn.
9:12:16PM We continue our cases within the central Tampa planning
9:12:19PM district.
9:12:20PM This next one as Abbye stated is 1700 West Kennedy
9:12:23PM Boulevard, between south Rome Avenue and south Packwood
9:12:27PM avenue.
9:12:27PM You can also see on this map that the subject site is
9:12:29PM located along a transit emphasis corridor connecting
9:12:33PM Westshore District and the downtown together.
9:12:35PM Next we move on to the aerial.
9:12:39PM The subject site continues to be in the center of the map.
9:12:41PM We have a lot going on in this particular area.
9:12:44PM You can see Kennedy Boulevard running east west and also see

9:12:48PM the Crosstown expressway in the lower right.
9:12:50PM As it curves southward from downtown heading down to South
9:12:52PM Tampa.
9:12:53PM As you can probably tell, the area has quite a mixture of
9:12:58PM uses.
9:12:58PM A wide range of residential development types ranging from
9:13:01PM single-family detached to multi-family development all mixed
9:13:04PM in together.
9:13:04PM We have commercial uses along Kennedy Boulevard, including
9:13:08PM the neighborhood Walmart.
9:13:10PM Just to the northeast of the subject site, we also have some
9:13:13PM light industrial uses in the northeast portion of the
9:13:16PM aerial.
9:13:17PM In the north Hyde Park neighborhood.
9:13:19PM Next under the future land use map, the subject site is
9:13:23PM composed of three future land use categories.
9:13:26PM We have the urban mixed use 60, along Kennedy Boulevard.
9:13:30PM We have the red on the south, Rome side, which is community
9:13:33PM commercial 35.
9:13:34PM And then along Packwood, we have community mixed use 35.
9:13:38PM The light brown to the southwest is residential 20.
9:13:42PM While the darker brown to the northwest is the residential
9:13:45PM 35.
9:13:46PM We even is 0 general mixed use 24 located in the upper
9:13:50PM center and right of the aerial.

9:13:52PM The future land use map, I'm sorry.
9:13:54PM That is where we have some remaining light industrial uses.
9:13:58PM Planning Commission staff found the proposed rezoning, which
9:14:00PM is to allow some additional recreational facilities to be
9:14:04PM added to existing approved planned development would
9:14:07PM continue to provide for project comparable and compatible to
9:14:09PM the plan development pattern for this portion of Kennedy
9:14:12PM boulevard.
9:14:13PM And as such, Planning Commission staff finds it consistent
9:14:15PM with the Tampa comprehensive plan.
9:14:17PM >>CHARLIE MIRANDA: Thank you.
9:14:21PM >>ABBYE FEELEY: Thanks, David.
9:14:22PM As I said, this is previously approved PD on Kennedy, 1700
9:14:32PM Kennedy that was just rezoned year before last.
9:14:36PM It's currently under construction, Primrose school, South
9:14:39PM Tampa campus.
9:14:40PM David showed you the future land use map.
9:14:45PM Here is the zoning atlas.
9:14:47PM Kennedy to the north.
9:14:49PM Cleveland to the south.
9:14:50PM Packwood to the west.
9:14:52PM Rome to the east.
9:14:53PM Here's a picture of the site.
9:15:01PM Aerial of the site.
9:15:02PM As you know, from some of our past experience together, that

9:15:10PM once a PD really starts to be engineered and comes out of
9:15:13PM the ground, modifications are made and if the original PD
9:15:17PM kept its site very tight, sometimes those modifications
9:15:20PM exceed those which can be approved administratively.
9:15:24PM That's the case before you tonight.
9:15:25PM There are two setback modification there is the original.
9:15:33PM And also I know they're adding a small accessory structure.
9:15:37PM And I'm talk to you about those two things on your site
9:15:40PM plan.
9:15:41PM Here are some pictures.
9:15:42PM It is as I stated currently under construction.
9:15:45PM A view from Kennedy.
9:15:46PM The corner of Kennedy and Rome.
9:15:48PM This is from Rome looking back southwest.
9:15:53PM Also the Rome side, this is down Rome.
9:16:02PM South side of Rome looking back north toward Kennedy.
9:16:05PM That is from the Packwood side looking back toward Rome.
9:16:13PM Construction entrance.
9:16:14PM This is the office building that's to the south.
9:16:16PM Along Kennedy, Solomon Trop building.
9:16:20PM Some other commercial uses directly north of the site.
9:16:24PM Also north on Kennedy, north towards Willow.
9:16:30PM And this is at the other corner, this is at the corner of
9:16:34PM Rome and Kennedy across from the property.
9:16:36PM Looking south on Rome.

9:16:37PM Some of the uses along west side of Rome, I mean the east
9:16:42PM side of Rome.
9:16:43PM Sorry, the intersection of Packwood and Kennedy.
9:16:47PM Looking west on Kennedy.
9:16:49PM Toward the walker brand building.
9:16:52PM Again at Packwood.
9:16:54PM This is looking south on Packwood.
9:16:56PM Some of the residential uses along the Packwood side.
9:17:00PM And parking on that side.
9:17:03PM They do wish to adjust the perimeter setbacks on the west
9:17:16PM and south and also add the accessory building that's located
9:17:20PM at the southeast corner on your site plan.
9:17:24PM For the outdoor play area.
9:17:27PM There's going to be a small pump house there for the splash
9:17:30PM decks that they're proposing in that area.
9:17:32PM These modifications exceed that which can be approved
9:17:35PM administratively.
9:17:37PM There are no further modifications needed on the site plan
9:17:40PM and staff is available for any questions.
9:17:41PM >>CHARLIE MIRANDA: Any questions for Councilmembers at this
9:17:43PM time?
9:17:43PM Petitioner?
9:17:53PM >> Good evening.
9:17:55PM Dick LaRosa, LaRosa Civil, 3300 North Armenia Avenue in
9:17:59PM Tampa.

9:17:59PM I have been sworn.
9:17:59PM I'm here representing the petitioner.
9:18:01PM I'll just throw an exhibit down which kind of shows you
9:18:05PM basically our three requests.
9:18:07PM This was the area for the splash deck.
9:18:19PM It's basically just a flat area with fountains from the
9:18:22PM ground for kids to play.
9:18:23PM It's always been in the plans.
9:18:25PM But there are going to be pool type pumps which we're
9:18:28PM proposing the structure here just to house that.
9:18:30PM It's going to match the exterior of the existing building.
9:18:33PM It's west of some shrubs and dumpsters that were previously
9:18:36PM approved by the previous PD.
9:18:38PM In doing so, we spoke with staff.
9:18:41PM In the future there may be a desire to cover the sidewalks.
9:18:45PM So that is the request to adjust the setbacks really.
9:18:49PM Just potential to cover those sidewalks in the future.
9:18:52PM In summary, that's the gist of what we're adding.
9:18:55PM >>CHARLIE MIRANDA: Mr. Suarez?
9:18:56PM >>MIKE SUAREZ: Thank you, chair.
9:18:57PM Quick question.
9:18:59PM I remember when we rezoned this.
9:19:01PM Why wasn't this originally in the plan?
9:19:03PM What happened?
9:19:06PM >> Basically I think splash deck is pretty much what

9:19:10PM triggered.
9:19:11PM We realized there is going to be equipment, out to the
9:19:14PM weather.
9:19:15PM >>MIKE SUAREZ: You just said it was already originally in
9:19:17PM the plan?
9:19:18PM >> The splash deck was -- well, the splash deck, just like
9:19:22PM the play ground equipment.
9:19:24PM We just called it out as playground equipment on the plans.
9:19:27PM >>MIKE SUAREZ: But you didn't answer the question.
9:19:28PM The splash deck was already there you nigh there was going
9:19:31PM to be something.
9:19:32PM Did you not do your homework, is that what you're telling
9:19:34PM me?
9:19:35PM I don't want you to admission it television.
9:19:39PM >>CHARLIE MIRANDA: Turn the TV off.
9:19:42PM >>MIKE SUAREZ: I heard we're not broadcasting right now.
9:19:44PM There's equipment within the building.
9:19:47PM There may have been the intent to house in it the building
9:19:50PM in hindsight, speaking with my client.
9:19:52PM Well, we need to do something with the pumps, can we do a
9:19:55PM separate building to are the pump house exterior?
9:19:57PM Yes we can.
9:19:59PM We came back to staff.
9:20:00PM It exceeded 10%.
9:20:02PM In hindsight, not knowing all the particulars about a splash

9:20:05PM deck, when it was brought to our attention.
9:20:08PM >>MIKE SUAREZ: And you know, I'm not trying to -- it's just
9:20:11PM when we're talking about something that's like that if it
9:20:14PM was originally in theman, unfortunately, you used those
9:20:17PM words when you came up to the microphone, I'm wondering how
9:20:20PM the heck did not we not approve this and put it as part of
9:20:24PM any waiver that was necessary to rezone it?
9:20:26PM And you answered the question, which is you didn't think
9:20:28PM there was going to be an outside control or pump for that
9:20:32PM particular splash pad.
9:20:34PM >> Correct.
9:20:35PM >> So you now know everything there is to know about splash
9:20:39PM pads.
9:20:39PM >> I wouldn't say that but I know enough now next time I'm
9:20:43PM here I'm going to do a separate building.
9:20:46PM >>MIKE SUAREZ: One other question.
9:20:47PM You mentioned about covering the walkways.
9:20:49PM Now, you're based here in Tampa, right?
9:20:51PM >> Yes.
9:20:52PM >> Okay, you know where I'm going with this.
9:20:54PM There was no discussion before.
9:20:56PM >> Not with my client, no.
9:20:57PM That was again --
9:20:59PM >>MIKE SUAREZ: Did you explain to him what Florida means
9:21:01PM when it comes to weather?

9:21:02PM Don't want you to be the weather man too.
9:21:05PM That does seem like kind of a no brainer.
9:21:08PM Every school we have out there.
9:21:09PM >> I've done plenty of uncovered sidewalks.
9:21:11PM Let's just say that.
9:21:14PM >>MIKE SUAREZ: None that your kids go to that school, I
9:21:17PM heap.
9:21:18PM >> No, I drop my kids off.
9:21:19PM They're uncovered out in front.
9:21:22PM >>MIKE SUAREZ: You're father of the year.
9:21:23PM Thank you very much.
9:21:23PM I appreciate it.
9:21:24PM Just wanted to make sure, because those are two things, you
9:21:27PM usually catch and obviously it was something that didn't get
9:21:29PM caught.
9:21:29PM No big deal.
9:21:31PM >> Thank you.
9:21:32PM >>CHARLIE MIRANDA: Any other Councilmember?
9:21:33PM Okay.
9:21:34PM Anyone in the audience, you certainly time for rebuttal.
9:21:38PM Anyone in the audience care to speak on item 10, Z-13-19.
9:21:42PM I see no one.
9:21:45PM I need a motion to close. Motion to close by Mr. Cohen.
9:21:48PM Second by Mr. Suarez.
9:21:49PM All in favor of the motion, please indicate by saying aye.

9:21:51PM The ayes have it unanimously.
9:21:51PM Mrs. Capin, would you kindly take item number 10?
9:21:58PM >>YVONNE CAPIN: Yes, Mr. Chair.
9:21:59PM Ordinance being presented for first reading consideration.
9:22:01PM An ordinance rezoning property in the general vicinity of
9:22:04PM 1702 and 1720 West Kennedy Boulevard, 108 and 112 South
9:22:09PM Packwood Avenue, and 111 South Rome Avenue in the City of
9:22:15PM Tampa, Florida and more particularly described in section 1,
9:22:18PM from zoning district classification PD planned development,
9:22:23PM day care, school and office, business professional and
9:22:27PM medical, to PD planned development, day care, school and
9:22:31PM office, business professional and medical.
9:22:34PM Providing an effective date.
9:22:37PM >>CHARLIE MIRANDA: I have a motion by Ms. Capin.
9:22:40PM Got four seconds.
9:22:41PM We'll give to it Reddick.
9:22:43PM Ms. Montelione, Ms. Capin, and Mr. Everybody here.
9:22:46PM All right.
9:22:47PM All in favor of the motion, please indicate by saying aye.
9:22:49PM Opposed nay.
9:22:51PM The ayes have it unanimously.
9:22:52PM Thank you all very much for attending.
9:22:54PM >>THE CLERK: Motion carried with Mulhern being absent.
9:22:57PM Second reading and adoption April 4th at 9:30 a.m.
9:23:03PM >>CHARLIE MIRANDA: Go to item number 11.

9:23:06PM >>ABBYE FEELEY: Item number 11 is Z13-28.
9:23:09PM This is the Euclidian rezoning request.
9:23:12PM Located at 5819 South MacDill Avenue.
9:23:17PM The request before you this evening is from CG, commercial
9:23:21PM general and RS-50, residential single-family to RS-50,
9:23:26PM residential single-family.
9:23:28PM Euclidian zoning request, therefore there is no site plan
9:23:32PM and no waivers.
9:23:36PM >> Good evening, Councilmembers.
9:23:37PM David Hay again with your Planning Commission staff and I
9:23:39PM have been sworn.
9:23:40PM Well, we travel southward down south of Gandy Boulevard to,
9:23:45PM like Abbye said, 5819 South MacDill Avenue, just north of
9:23:50PM the intersection of south MacDill Avenue and interbay.
9:23:53PM Next we have the aerial.
9:23:55PM The subject site is in the center of the map.
9:23:57PM To the east and west of the subject site, we can see the
9:24:00PM predominant single-family detached development that composes
9:24:03PM the majority of the Gandy Sun Bay south at Ballast Point
9:24:03PM neighborhoods.
9:24:06PM Along the MacDill Avenue corridor, which runs north south,
9:24:11PM we see some single-family attached residential, office and
9:24:14PM some light commercial uses.
9:24:15PM Finally we move on to the future land use map.
9:24:20PM The subject site is composed of two land use categories.

9:24:24PM We have community mixed use 35 along south MacDill Avenue.
9:24:28PM While the western portion of the property is designated
9:24:30PM residential 10.
9:24:31PM The darker browns to the south of the subject site are
9:24:34PM designated residential 20s.
9:24:36PM Overall Planning Commission staff found proposed rezoning to
9:24:39PM RS-50 is comparable and compatible with existing planned
9:24:44PM development pattern within this area of south Tampa.
9:24:46PM The site is located within the MacDill Air Force Base
9:24:49PM flight path, zone two.
9:24:51PM So the subject site is capped at ten units per acre, which
9:24:54PM the applicant is complying with.
9:24:56PM Which based on all that and the goals objectives and
9:24:59PM policies of the comprehensive plan, the Planning Commission
9:25:01PM staff found the rezoning request consistent.
9:25:04PM >>CHARLIE MIRANDA: Thank you very much.
9:25:15PM >>ABBYE FEELEY: This property is located at 5819 South
9:25:18PM MacDill Avenue.
9:25:19PM It does also have frontage on fifth.
9:25:22PM That's where the six lots.
9:25:27PM They're seeking to do is reestablish the six 50-foot platted
9:25:32PM lots that were currently contained within the property.
9:25:36PM The RS-60 portion is currently the rear portion.
9:25:40PM And the CG portion is currently the front portion.
9:25:43PM This is MacDill to the east.

9:25:46PM Fifth to the west.
9:25:48PM Interbay just a little further to the south.
9:25:51PM There is a mix of uses along the MacDill frontage.
9:25:55PM I'm going to show you some pictures there.
9:25:57PM Typically when we go from a higher district down to a lower
9:26:00PM district, they did a red blue map for you.
9:26:03PM This is a very small subdivision.
9:26:07PM Which would've been analyzed and many portions of it are
9:26:12PM already RS-50s.
9:26:14PM There's a portion here, there's a portion here.
9:26:16PM This PD here is an office.
9:26:19PM So, I did not do that analysis, as it really wouldn't lend
9:26:23PM itself to what's being provided here.
9:26:26PM Especially if these were in single separate ownership, which
9:26:30PM you'll see many of them and even there are new construction
9:26:33PM there.
9:26:34PM They would've been on a 50-foot lot.
9:26:37PM Here's the aerial.
9:26:43PM The large PD.
9:26:45PM Gated PD.
9:26:46PM To the north, many of these properties here are vacant.
9:26:51PM What I'm going to do, I'm going to start and show you the
9:26:57PM MacDill side.
9:26:58PM And then I'm going to come back around and show you the
9:27:00PM fifth street side.

9:27:01PM This is the subject property.
9:27:04PM On MacDill.
9:27:13PM This is north of MacDill.
9:27:15PM North on MacDill.
9:27:19PM I'm sorry.
9:27:20PM That's also north on the left side.
9:27:25PM Moving south.
9:27:26PM That large PD is the south town reserve.
9:27:29PM This property is south of the subject property on MacDill.
9:27:38PM Then this is the remaining portion south on MacDill headed
9:27:44PM toward Interbay.
9:27:46PM Directly across the street in that CG portion I showed you,
9:27:50PM this small office, construction office, moving back up
9:27:54PM MacDill.
9:27:54PM Here's some residential structure.
9:27:58PM A lot of vegetation.
9:27:59PM Little built hard to see.
9:28:01PM This is still moving north on MacDill.
9:28:03PM Then this is a view from MacDill looking south toward
9:28:10PM Interbay.
9:28:10PM Back on the fifth street side -- sorry.
9:28:16PM This is the subject property.
9:28:21PM Another view of the subject property.
9:28:23PM This is immediately to the north.
9:28:30PM This is to the south of the subject property on fifth.

9:28:34PM This is immediately across the street on the west side,
9:28:39PM fifth.
9:28:40PM Also.
9:28:42PM South -- this is across the street to the south on fifth.
9:28:45PM This situate across the street to the north on fifth.
9:28:48PM This is looking north on fifth.
9:28:50PM Subject property 70 the west and south on fifth.
9:28:53PM Based on the survey of the property, the lots will meet the
9:29:03PM minium criteria for the RS-50, which is a 50-by-100 lot.
9:29:07PM It will need to meet all other zoning regulations for that,
9:29:09PM 20 foot front, 20 foot rear and seven foot side yard,
9:29:12PM maximum height of 35 feet.
9:29:15PM Staff is available for any questions.
9:29:17PM >>CHARLIE MIRANDA: Any questions from Councilmembers?
9:29:18PM Petitioner?
9:29:26PM >> Good evening, Mr. Chairman.
9:29:27PM Members of the City Council.
9:29:28PM My name is John Grandoff.
9:29:29PM My address is suite 3700, Bank of America Plaza.
9:29:33PM I have the pleasure of representing Domain Homes and Kevin
9:29:35PM Robles.
9:29:36PM Kevin is with me this evening.
9:29:38PM Kevin, will you raise your hand please?
9:29:40PM Ms. Feeley has succinctly summarized her report.
9:29:45PM I want to mention one thing she found I think is very

9:29:47PM telling.
9:29:48PM This will reestablish the plat and the pattern of
9:29:50PM development of six homes as intended when the property was
9:29:54PM originally platted.
9:29:55PM I think that's a common goal of the comprehensive plan.
9:29:58PM And of the RS-50 zoning district.
9:30:00PM Mr. Hay's report is very thorough also.
9:30:06PM I'd like to read an item off Mr. Hay's report where he
9:30:10PM concludes that the project is comparable -- excuse me, the
9:30:13PM rezoning is comparable and compatible with surrounding
9:30:16PM development pattern which includes residential single-family
9:30:19PM detached and attached units, office and light commercial.
9:30:22PM The rezoning would also remove the potential for more
9:30:25PM intensive commercial general uses that may pose negative
9:30:29PM impacts on the adjacent residential and base operations.
9:30:34PM The frontage is zoned CG.
9:30:36PM So you're going to remove the CG, replace that with an RS-50
9:30:39PM designation and restore the intent of the plat.
9:30:42PM I have no opposition that I've heard of in the application.
9:30:45PM We respectfully request your approval this evening.
9:30:48PM >>CHARLIE MIRANDA: Thank you very much.
9:30:48PM Anyone in the audience care to speak on this subject matter?
9:30:52PM Item number 11.
9:30:53PM Z13-2.
9:30:55PM I see no one.

9:30:56PM Need a motion to close.
9:30:57PM Have a motion to close by Mr. Cohen, second by -- I'm sorry,
9:31:00PM Mr. Reddick.
9:31:02PM All in favor of the motion, please indicate by saying aye.
9:31:03PM Opposed nay.
9:31:04PM The ayes have it unanimously.
9:31:05PM Mr. Reddick, would you kindly read number 11 please?
9:31:11PM >>FRANK REDDICK: Mr. Chairman, move an ordinance being
9:31:14PM presented for first reading consideration.
9:31:16PM An ordinance rezoning property in the general vicinity of
9:31:19PM 5819 South MacDill Avenue in the City of Tampa, Florida and
9:31:23PM more described in section 1, from zoning district
9:31:26PM classification, RS-60, residential single-family and CG
9:31:32PM commercial general to RS-50 residential single-family,
9:31:36PM providing an effective date.
9:31:37PM >> Second.
9:31:38PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, I have a second by
9:31:41PM Mr. Suarez.
9:31:42PM Further discussion by Councilmembers?
9:31:43PM All in favor of the motion, please indicate by saying aye.
9:31:44PM Opposed nay.
9:31:46PM The ayes have it unanimously.
9:31:48PM >>THE CLERK: Motion carried with Mulhern being an sen.
9:31:51PM Second reading and adoption will be April 4th, 9:30 a.m.
9:31:55PM >>CHARLIE MIRANDA: Thank you very much.

9:31:56PM Thank you all for attending.
9:31:57PM Okay, we go to item number 12.
9:32:02PM >>ABBYE FEELEY: Thank you.
9:32:03PM Item number 12, Z13-32.
9:32:10PM This is also a Euclidian zoning request.
9:32:12PM This is 3515 East Columbus Drive located in the East Tampa
9:32:16PM business and civic association.
9:32:18PM The request before you this evening is incorrect in my staff
9:32:24PM report.
9:32:24PM Should say from CI, commercial intensive, to IG, industrial
9:32:29PM general.
9:32:30PM Light industrial uses.
9:32:31PM This is the Euclidian request.
9:32:38PM No site plan and no waivers may be granted.
9:32:42PM >> Good evening, Councilmembers, David Hay again with your
9:32:46PM Planning Commission staff and I have been sworn.
9:32:48PM We find ourselves back up in the central Tampa planning
9:32:51PM district for our next case.
9:32:53PM More specifically in the East Tampa urban village at the
9:32:57PM southwest corner of east Columbus Drive and north
9:33:00PM 36th street.
9:33:01PM Next we move on to the aerial.
9:33:04PM The subject site is in the center of the map.
9:33:07PM As you can see, the subject site is surrounded by industrial
9:33:10PM type uses.

9:33:11PM We have Interstate 4 going east-west to the south of the
9:33:15PM subject site.
9:33:16PM You can also see Franklin middle school in the upper right
9:33:19PM of the aerial.
9:33:20PM There is some residential, mostly single-family west of
9:33:23PM north 34th street and south of Interstate 4.
9:33:26PM Finally on to the future land use map, the subject site and
9:33:32PM parcel surrounding the site are all designated light
9:33:34PM industrial, which is the gray color.
9:33:36PM The red color in three of the corners are community
9:33:40PM commercial 35.
9:33:41PM The comprehensive plan more specifically objective 1.9 and
9:33:46PM supporting policies encourage additional industrial
9:33:49PM development and further industrial intensification within
9:33:52PM appropriate areas within the City of Tampa.
9:33:55PM Also the proposed development would be similar to existing
9:33:57PM and planned development within the surrounding area.
9:34:00PM Based on that Planning Commission staff finds the rezoning
9:34:03PM request consistent with the comprehensive plan.
9:34:12PM >>ABBYE FEELEY: The applicant on this request is green
9:34:16PM wizard tires.
9:34:18PM 3515 east Columbus Drive.
9:34:26PM David just showed you the future land use map.
9:34:28PM Here's the piece in CI that we're discussing.
9:34:30PM That red line that's running right down 36th is actually the

9:34:39PM dividing line for the IG development that's zoned just to
9:34:43PM the east.
9:34:44PM There's also IG the top of the interstate.
9:34:47PM And the predominant use to the north on Columbus is IG with
9:34:51PM the exception of that one sliver there that's a CI.
9:34:54PM This is just to the west of the old Clorox piece that we
9:34:59PM talked about.
9:35:00PM Not too long ago.
9:35:01PM In relation to the Gary school, which is south of here.
9:35:05PM So here's an aerial.
9:35:06PM Columbus, 36th, I-4.
9:35:09PM The IG does require a 5,000 square foot lot.
9:35:15PM This does meet that with approximately 1.2 acres.
9:35:18PM It is surrounded by light industrial uses.
9:35:21PM Minimum setbacks would be ten foot front setback, ten foot
9:35:25PM corner setback.
9:35:26PM And max numb building height of 60 feet.
9:35:29PM Staff did find request consistent and available for any
9:35:32PM questions.
9:35:33PM >>CHARLIE MIRANDA: Any question from Councilmembers?
9:35:34PM Petitioner?
9:35:39PM >> Good evening, Mr. Chairman, John Grandoff, Suite 3700,
9:35:42PM Bank of America Plaza on behalf of Green Wizard Tire
9:35:46PM Recyclers.
9:35:47PM I have nothing further to add to the comments from

9:35:51PM Ms. Feeley and Mr. Hay.
9:35:53PM Other than the building will remain and we are doing this
9:35:56PM rezoning to accommodate a new use which will bring in some
9:35:59PM new jobs into this portion of Tampa.
9:36:03PM We respectfully request your approval.
9:36:05PM I've had no objections or any telephone calls of objections.
9:36:08PM >>CHARLIE MIRANDA: Thank you very much.
9:36:09PM Anyone in the audience care to speak to item 12, Z13-32?
9:36:14PM I see no one at this time.
9:36:16PM Need a motion to close by Ms. Capin, second by
9:36:19PM Ms. Montelione.
9:36:20PM All in favor of the motion, please indicate by saying aye.
9:36:22PM Opposed nay.
9:36:24PM The ayes have it unanimously.
9:36:25PM Mr. Cohen, would you kindly take number 12 please?
9:36:29PM >>HARRY COHEN: Thank you, Mr. Chair.
9:36:30PM I move an ordinance being presented for first reading
9:36:32PM consideration, an ordinance rezoning property in the general
9:36:34PM vicinity of 3515 east Columbus Drive, in the City of Tampa,
9:36:39PM Florida, and more particularly described in section 1, from
9:36:42PM zoning district classification, CI commercial intensive, to
9:36:47PM IG industrial general, light industrial use, providing an
9:36:50PM effective date.
9:36:52PM >> Second.
9:36:52PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I have a

9:36:54PM second by Mr. Suarez.
9:36:55PM All in favor of the motion, please indicate by saying aye.
9:36:57PM Opposed nay.
9:36:58PM The ayes have it unanimously.
9:36:59PM Thank you all very much for attending.
9:37:02PM Go to item number 13.
9:37:03PM >> Motion carried with Mulhern being absent.
9:37:05PM Second reading and adoption will be April 4th at 9:30 a.m.
9:37:25PM >>ABBYE FEELEY: Lucky number 13.
9:37:26PM Last item of the night.
9:37:28PM Z13-06.
9:37:30PM It's located at 500 Knights Run Harbour Post Drive.
9:37:34PM The request before you this evening is from PD, planned
9:37:38PM development, residential, hotel, retail, office comps, camps
9:37:44PM slash athletic center and marina to PD, planned development,
9:37:47PM residential, hotel, retail office, conference, athletic
9:37:50PM center, marina and long-term cruise ship and special event
9:37:53PM parking.
9:37:59PM >> Good evening, Councilmembers, David Hay again, one last
9:38:02PM time, from your Planning Commission staff.
9:38:03PM Our next case falls within the boundaries of the central
9:38:08PM Tampa planning district, more specifically on Harbour
9:38:10PM Island, which you're all familiar with.
9:38:13PM On to the -- actually, let me do the aerial.
9:38:18PM Helps if I put the right side up.

9:38:21PM You can see the subject site in the center of the map.
9:38:26PM You can see the high density urban development pattern that
9:38:30PM surrounds the site.
9:38:31PM You can see the many parking structures that serve the
9:38:34PM surrounding residential and mixed use development.
9:38:37PM There are either integrated or attached to the building,
9:38:42PM they're in structured garages.
9:38:43PM The subject site is one of the last undeveloped parcels
9:38:47PM within the Harbour Island planned development area next we
9:38:51PM move on to the future land use map.
9:38:53PM The subject site as is all of Harbor Island is designated as
9:38:57PM regional mixed use 100.
9:38:59PM Regional mixed use 100 is one of the most intensive planned
9:39:03PM categories within the City of Tampa.
9:39:04PM Overall the Planning Commission staff found that the
9:39:08PM proposed rezoning is inconsistent with a number of goals,
9:39:11PM objectives and policies of the comprehensive plan.
9:39:13PM Hire island has a unique history as one of the first master
9:39:18PM planned communities within the City of Tampa.
9:39:20PM As such, principal Stan along parking loss were never
9:39:23PM approved as allowable use within that Harbor Island planned
9:39:27PM development.
9:39:27PM Planning Commission staff found the proposed parking lot
9:39:30PM would be an intrusion of a type of commercial use that is
9:39:32PM out of character and not in context with Harbor Island's why

9:39:35PM you forecast culture and history as called for within policy
9:39:39PM 18.6.1 and would not enhance the neighborhood identity as
9:39:43PM called for within policy, comprehensive plan policy 1.2.3.
9:39:50PM The comprehensive plan also discourages surface parking lot
9:39:54PM while encourages integrated parking structures as what is
9:39:58PM the norm on Harbor Island, as most of them are within
9:40:01PM structures.
9:40:02PM Based on all that, the Planning Commission staff find the
9:40:04PM rezoning request inconsistent with the Tampa comprehensive
9:40:07PM plan.
9:40:18PM >>ABBYE FEELEY: Just to take a step back for a minute,
9:40:26PM Harbor Island was originally zoned in 1987, as one of the
9:40:31PM city's first master planned areas.
9:40:34PM It's 213 acres, more or less, and it's entitled for 4,650
9:40:39PM residential dwelling units.
9:40:41PM 550 hotel rooms, 240,000 square feet of retail,
9:40:46PM neighborhoods and specialty, one million 49,000 square feet
9:40:50PM of office use, a 350 room conference center, 30,000 square
9:40:55PM feet of athletic center and 500 boat slips.
9:40:59PM Over the years, Harbor Island has been rezoned a number of
9:41:03PM times.
9:41:04PM You'll see in my staff report, 1993, 1995, and 1996.
9:41:10PM And each application contained development standards and
9:41:13PM conditions for the island.
9:41:14PM The most recent, 1996 standards were attached to your staff

9:41:18PM report.
9:41:19PM I'll be referring to those in a couple minutes.
9:41:21PM The subject application before you tonight applies
9:41:24PM specifically to a .84-acre property at the northwest corner
9:41:28PM of Knights Run avenue and Beneficial Drive immediately to
9:41:31PM the west of the post harbour place retention pond.
9:41:35PM And immediately to the east of the Plaza.
9:41:38PM The request is to allow for long-term cruise ship parking
9:41:42PM and special event parking on the property.
9:41:45PM I'll talk a little bit about those uses and the context of
9:41:48PM zoning in just a minute.
9:41:49PM Based on the proposed configuration, a total of 91 parking
9:41:53PM spaces would be provided on the property.
9:41:55PM The lot would have access on Harbour Post Drive with a gated
9:41:59PM entrance and is being requested to be unpaved granite or
9:42:04PM river rock.
9:42:05PM Go ahead and show you -- can I steal one of these from you?
9:42:14PM A clean one.
9:42:16PM I wrote notes on mine.
9:42:18PM Here is the site shown in green.
9:42:28PM Beneficial coming on to the island.
9:42:33PM Knights Run and then -- sorry.
9:42:40PM Harbor Island Boulevard which comes on at the other entry.
9:42:42PM There's also internal drive.
9:42:44PM There is an internal drive that runs immediately adjacent to

9:42:49PM the property.
9:42:50PM Harbour Place Drive that comes through, that's a private
9:42:54PM drive, so it's not actually shown as a public roadway next
9:42:58PM to the property.
9:42:58PM There are components of this.
9:43:05PM Did bring one of the master plan sheets because you'll see
9:43:12PM the number of rezonings are referred to.
9:43:16PM Just to the east of here is one of the original Z 87 pieces,
9:43:21PM which is residential.
9:43:22PM There's a Z 87 piece when you first come on to the island,
9:43:27PM at the Jackson's retail center there also 87.
9:43:31PM But these other pieces, 95, 96, so there has been
9:43:35PM modifications made to the master plan over the years, to
9:43:39PM address changes, etcetera, but overall, it has never allowed
9:43:45PM for surface parking as a principal use.
9:43:48PM Go ahead and show you the aerial.
9:43:56PM As David mentioned, this is one of the last pieces of
9:43:59PM undeveloped property on the island.
9:44:01PM It is entitled based on entitle 789s that have been utilized
9:44:08PM other places on the island, it could be entitled for a
9:44:11PM hotel, congregate living facility, office use, retail use,
9:44:15PM it all depends.
9:44:16PM Typically under the Harbor Island master plan, when a piece
9:44:24PM of the property is being developed, it would come into Land
9:44:27PM Development Coordination for what we call an incremental

9:44:31PM site plan review.
9:44:32PM It's administrative review, pulls down the master
9:44:35PM entitlements to show us how the site functions.
9:44:38PM And how those entitlements are then being applied to the
9:44:41PM property and code is being satisfied.
9:44:42PM In this case, since this is not a permissible use, it is
9:44:46PM before you this evening requesting that the overall master
9:44:50PM plan of Harbor Island be amended to allow for principal
9:44:53PM parking, surface parking on this property.
9:44:56PM The difference in this request tonight is that this is not
9:45:02PM interim parking in the sense where you see it downtown, that
9:45:05PM you come and park and you leave.
9:45:06PM The parking that's being requested is not a use that is
9:45:10PM currently defined in our code.
9:45:13PM Because cruise ship parking, those cars stay for prolonged
9:45:18PM periods of time.
9:45:20PM It could be seven days, ten days, three days, depending on
9:45:24PM how long the cruise is.
9:45:26PM So, it's not -- it's really vehicle storage in a sense
9:45:32PM because parking, the premise behind parking is that you
9:45:35PM come, you park, you attend whatever event and then you're
9:45:38PM leaving.
9:45:39PM Many of the downtown lots, you see that have interim
9:45:42PM parking, special event parking, that parking ceases when the
9:45:46PM use that you're going to or that event has ceased for the

9:45:50PM evening or for the event at the convention center or
9:45:53PM wherever it may be.
9:45:54PM Let me go ahead and show you some pictures of the site.
9:45:57PM What I'm going to do, I'm actually going to start over on
9:46:06PM beneficial and work my way around.
9:46:08PM I'm going to show you some pictures, as David mentioned, the
9:46:11PM predominant form of parking on the island is a structured
9:46:14PM parking form.
9:46:15PM Also going to show you the interface here along Knights Run.
9:46:19PM Layers the shot.
9:46:25PM Beneficial.
9:46:25PM Here's a shot.
9:46:28PM Beneficial.
9:46:29PM Looking back towards the site.
9:46:31PM It is immediately adjacent to residential on the north side.
9:46:43PM On the Plaza side, it is separated by that private drive
9:46:46PM that I mentioned.
9:46:52PM >>CHARLIE MIRANDA: One second, Ms. Montelione.
9:46:55PM >>LISA MONTELIONE: Ms. Feeley, stop right there.
9:46:56PM Thank you, Mr. Chair.
9:46:58PM All these cars that are parked there right now -- you're
9:47:05PM smiling at me.
9:47:06PM And if you go back one or two photographs -- one more.
9:47:13PM Yeah, right there.
9:47:17PM Is that a cruise ship van already shuttling people back and

9:47:23PM forth?
9:47:23PM Ms. Feeley?
9:47:25PM >>ABBYE FEELEY: Yes this site is currently under violation.
9:47:28PM >>LISA MONTELIONE: Okay.
9:47:29PM Thank you.
9:47:34PM >>ABBYE FEELEY: So here's a view from the intersection of
9:47:36PM Knights Run and beneficial, looking back northwest.
9:47:41PM Turning the corner on Knights Run, here's a picture of the
9:47:46PM site.
9:47:46PM This is straight on look down Knights Run.
9:47:50PM This is Harbour Place Drive.
9:47:56PM I was out there Monday morning, which I guess is a cruise
9:48:04PM ship day.
9:48:07PM >>HARRY COHEN: Or an airports day.
9:48:10PM >>ABBYE FEELEY: That's a long way to go to the airport.
9:48:12PM I don't know.
9:48:13PM I also did drive on-site, took some other photos for you.
9:48:16PM This is from the southeast corner looking back northwest.
9:48:20PM This is from the north end adjacent to post looking back
9:48:32PM towards Knights Run.
9:48:34PM This is looking back toward post property to the north.
9:48:38PM This is looking directly west toward the Plaza.
9:48:42PM This is looking back down Harbour Place from the proposed
9:48:47PM entryway to the parking lot.
9:48:50PM And this is really showing you the urban nature of the

9:48:54PM adjacent uses to this property, which there is on-street
9:48:58PM parking and this is looking back toward Garrison channel.
9:49:02PM This is a view from beneficial.
9:49:10PM This is the use -- the residential use in that Z 87 section
9:49:15PM I showed you that is on the east side of beneficial.
9:49:19PM Also on the east side.
9:49:22PM Working back.
9:49:23PM This is the intersection, and that's really what my other
9:49:32PM sheet, when I was laying this out today, I was thinking back
9:49:35PM about this and really this is located at the apex of five
9:49:39PM different entries to residential areas.
9:49:41PM There's one here at the one that's in the picture right now.
9:49:45PM Going to show you another one here.
9:49:47PM There's one here.
9:49:48PM There's one into the Plaza here.
9:49:50PM And there's another one into post here.
9:49:52PM This is that second one that I referred to.
9:49:58PM That's the south here.
9:50:01PM A little further back view from beneficial, looking south on
9:50:08PM the island.
9:50:09PM This is on beneficial looking back to downtown.
9:50:12PM This is one of those, the third entry I discussed, located
9:50:17PM here.
9:50:17PM Moving along Knights Run on the north side, here's the
9:50:23PM fourth entry, which is directly across the street from the

9:50:26PM proposed entry to the parking lot.
9:50:28PM This is the tennis courts.
9:50:35PM A commercial use that does have surface parking is the
9:50:38PM Harbour Island athletic club.
9:50:40PM This is a sixth entry to the residential area.
9:50:46PM That could also -- the site could be accessed from both
9:50:50PM sides.
9:50:50PM There's not limited.
9:50:51PM So you could have that traffic along that very residential
9:50:55PM corridor, those entries.
9:50:58PM The Plaza.
9:51:01PM This is immediately to the west of the entry.
9:51:03PM There's an office.
9:51:07PM There also with some, I think there were six or eight spaces
9:51:10PM there to serve the office use.
9:51:11PM Back on Harbour Place, you'll see there is public parking
9:51:21PM and structured parking, but it's structured and it's set
9:51:24PM back.
9:51:25PM Here again, another view of the structured parking on the
9:51:30PM island.
9:51:30PM I believe that's it for the photos.
9:51:38PM There is a waiver to the buffering from 15-foot with a six
9:51:48PM foot concrete wall to three foot nine and a six foot high
9:51:52PM PVC fence for the north, use-to-use buffer to the adjacent
9:51:57PM residential.

9:51:58PM As I mentioned, this is for 91 parking spaces.
9:52:03PM And in consideration of the application, land development
9:52:08PM coordination also found the application inconsistent.
9:52:10PM This is not an inconsistent finding that could be modified
9:52:13PM in between first and second reading due to site plan
9:52:18PM clarifications or modifications.
9:52:20PM I would like to run through several of my findings briefly.
9:52:24PM The first is that I did find it inconsistent with the
9:52:30PM comprehensive plan.
9:52:31PM And I provided for you on page two of my staff report the
9:52:34PM definition of compatibility as defined in the comprehensive
9:52:37PM plan.
9:52:38PM Says that compatibility is defined as the characteristics of
9:52:42PM different uses or activity or designs which allow them Toby
9:52:45PM located near or adjacent to each other in harmony.
9:52:49PM Some elements affecting compatibility include the following.
9:52:53PM Height, scale, mass and bulk of structures, pedestrian or
9:52:57PM vehicular traffic, circulation, access and parking impact.
9:53:01PM Landscaping, lighting, noise, odor and architecture.
9:53:07PM Compatibility does not mean the same as.
9:53:09PM Rather refers to the since tiff of development proposals in
9:53:12PM maintaining the character of existing development.
9:53:15PM Staff found that the proposed use is incompatible because it
9:53:19PM does not maintain the character of existing development.
9:53:22PM Staff concurs with the findings of the Planning Commission

9:53:27PM that David just related to you.
9:53:29PM That the introduction of an tension of port-related
9:53:32PM activities, IE, long-term cruise ship parking and potential
9:53:36PM for special event parking associated with events from the
9:53:39PM Channelside district, St. Pete times forum -- Tampa Bay
9:53:43PM times forum -- sorry -- and downtown proposes a change in
9:53:47PM the adopted plan for the island and intrusion into its
9:53:50PM unique character.
9:53:51PM I mentioned to you prior that Harbour Island had been
9:53:55PM rezoned four different times.
9:53:56PM And each time, those development standards traveled with it.
9:54:00PM I provided you those development standards.
9:54:03PM On the first page of those, it talks about permitted uses.
9:54:11PM Part of my research showed that these permitted uses in all
9:54:14PM four of those were the same.
9:54:17PM And they never included surface parking or principal parking
9:54:22PM or cruise ship parking in any way, shape or form as an
9:54:27PM independent use.
9:54:27PM So although times have changed in development has changed,
9:54:31PM it never came under consideration that that would be
9:54:34PM appropriate in the master plan for the island.
9:54:36PM On page four of your staff report, is the PD criteria that
9:54:49PM we're most used to utilizing when we look at these
9:54:53PM applications.
9:54:53PM And the first one talks about the efficient and sustainable

9:54:57PM use of land and infrastructure with careful consideration of
9:55:00PM potential adverse impacts to on-site natural elements
9:55:04PM surrounding impacted neighborhoods and cultural resources.
9:55:08PM The subject application is within an area of the island that
9:55:11PM is slated for commercial, residential, attraction, hotel and
9:55:16PM conference center.
9:55:17PM Permitted uses included marina, residential, commercial,
9:55:21PM restaurant, hotel, helistop, recreational facilities places
9:55:27PM of assembly, a TECO substation, day care and nursery,
9:55:31PM congregate living, public service facility, people mover,
9:55:36PM trolley, commercial communication tower, public or private
9:55:39PM cultural facility and associated accessory uses.
9:55:42PM The permitted uses did not allow principal parking.
9:55:46PM With the exception of the Harbour Island health club and
9:55:49PM some small surface parking areas associated with commercial
9:55:51PM uses, there is very limited surface parking located within
9:55:55PM the island.
9:55:56PM Although proposed as a use for only five years, with a
9:56:01PM possible one year extension, staff finds that the use is not
9:56:05PM an efficient or sustainable use of land and may have
9:56:07PM significant impact to the surrounding neighborhood in the
9:56:10PM way of increased commercial traffic on predominantly
9:56:16PM residential streets at peak cruise ship times and during
9:56:19PM special events, noise and safety to a currently very
9:56:22PM walkable community.

9:56:23PM I also -- that was for criteria one.
9:56:28PM I also found an inconsistency with criteria six, which talks
9:56:32PM about appropriate uses and location to character and
9:56:34PM compatibility with surrounding impacted neighborhoods.
9:56:38PM And that really talks to you about vehicle storage.
9:56:46PM I know RMU 100 is the most intensive land use that we have.
9:56:49PM And in many other places, such as out by the airport, where
9:56:53PM the MAP 4, there's some RMU 100 land uses also that allow
9:56:59PM for more intensive types of situations.
9:57:02PM But I think the RMU 100 under this sense was really to
9:57:07PM create a mixed use, walkable community.
9:57:09PM That being said, I did provide you with the waiver criteria
9:57:15PM for your consideration on seven.
9:57:17PM And natural resources also found the application
9:57:22PM inconsistent on pages seven and eight of my report.
9:57:25PM Staff is available for any questions.
9:57:29PM >>CHARLIE MIRANDA: Thank you very much.
9:57:29PM Any question from Councilmembers at this time?
9:57:32PM Petitioner?
9:57:47PM >> Good evening.
9:57:49PM Dear honorable City Council members, my name is Sebring
9:57:52PM Sierra and I am a partner as well as representative of the
9:57:56PM property located at 500 Knights Run on Harbour Island and
9:57:59PM detailed in rezoning request Z13-06.
9:58:02PM I appreciate the opportunity to appear before you this

9:58:05PM evening and prepared some comments.
9:58:07PM I also will respect your eventual decision as well as the
9:58:11PM comments of my neighbors, many of them that are here.
9:58:14PM I will begin with a brief history of the property and why we
9:58:16PM are here.
9:58:17PM I thought Abbye did a very nice job on all the detail part.
9:58:20PM But I think it's important to know the background.
9:58:23PM My investment company purchased the property out of a
9:58:25PM distressed bank sale in a state of total disrepair in 2011.
9:58:30PM The property as Abbye mentioned is .84 acres and represents
9:58:34PM less than one half of one percent of the Harbour Island land
9:58:38PM mass, which is 99% built out and thus in no way can this
9:58:43PM property change the whole landscape of Harbour Island.
9:58:46PM At the time of purchase, the property was overgrown and
9:58:49PM being used as a free parking lot for residents of Harbour
9:58:53PM Island as well as a free parking lot for local residents --
9:58:57PM that was redundant.
9:58:58PM For my ability and economic reasons, we discontinued that
9:59:01PM practice.
9:59:02PM Additionally, the site was used for years as a storage for
9:59:05PM heavy construction equipment that built the majority of the
9:59:07PM homes on the north side of Harbour Island.
9:59:10PM However, when I did purchase the property, a representative
9:59:12PM from the Plaza at that time -- and everything I'm going to
9:59:15PM say tonight, I can document and provide to your attorney --

9:59:17PM actually contacted me to ask if they could use the property
9:59:21PM for their overflow parking as they had done prior to me
9:59:25PM purchasing it when basically the bank that owned it didn't
9:59:27PM care who parked there.
9:59:28PM At that time, parking wasn't an issue.
9:59:30PM In order to offset the high expenses associated with this
9:59:33PM property, my company contracted with a professional parking
9:59:36PM company, and we have not made any net profit from this
9:59:40PM arrangement.
9:59:41PM However, we have offset a portion of our carry costs on the
9:59:44PM property so that we can have a patient mentality.
9:59:47PM And this is important.
9:59:48PM Everybody is acting like this is the final use of this
9:59:50PM property.
9:59:51PM It's in no way the final use.
9:59:52PM There's going to be a class A development here one day.
9:59:54PM This is an interim use.
9:59:56PM But the money that we've received from the parking company
9:59:58PM has allowed us to take a patient mentality in order to
10:00:02PM offset the high carrying costs, roughly $75,000 per year on
10:00:05PM this property.
10:00:06PM To pay the city real estate taxes and the HOA fees of many
10:00:11PM of the folks and myself that benefit from the HOAs on
10:00:15PM Harbour Island.
10:00:15PM To be clear, we understand the importance of this property

10:00:17PM and understand the current concerns of our neighbors, since
10:00:19PM many of them wish -- but many of them wish no development
10:00:24PM even though there's allowable uses already permitted on the
10:00:27PM property.
10:00:27PM It is critical to properly frame our request in light of
10:00:30PM what is already allowed on the property.
10:00:32PM And I don't think that that was done to my benefit earlier,
10:00:35PM so I am going to go through that.
10:00:36PM As staff confirmed on page four of their staff report, my
10:00:40PM property is already approved for numerous uses.
10:00:43PM A residential multi-family and/or hotel high-rise tower is
10:00:47PM approved.
10:00:47PM A TECO substation is approved.
10:00:49PM A helistop, helicopters flying in next door is approved.
10:00:53PM Commercial communication towers and satellite dishes as well
10:00:58PM as a light rail stop is approved for the property.
10:01:00PM Pretty intense uses I would say compared to a parking lot.
10:01:05PM I would be curious if other folks that speak this evening
10:01:08PM are even aware of these uses.
10:01:09PM And I don't mean this in a derogatory way, but this goes
10:01:12PM back to the '80s before any of this development was there
10:01:15PM that these approvals were on the property.
10:01:16PM Also a parking lot is approved for the property as long as
10:01:18PM it serves Harbour Island.
10:01:20PM It's not like there cannot be parking on the property.

10:01:24PM Per past hearings, I've also heard that folks want this
10:01:26PM property to remain a park.
10:01:28PM Let's just put it this way.
10:01:29PM Our company is very charitable.
10:01:31PM We're not going to be able to donate it as a park.
10:01:35PM But the property is for sale.
10:01:36PM It is common sense, interim surface parking is often locked
10:01:40PM with less traffic than a normal parking lot, is less intense
10:01:43PM than any of the preapproved uses, including a parking lot
10:01:47PM for existing Harbour Island uses as well as a helistop.
10:01:51PM Since we just received the staff report last week and it
10:01:55PM throws out numerous items, the Planning Commission -- I know
10:02:00PM that David gave his report.
10:02:01PM They cited four pages out of a one thousand page
10:02:05PM comprehensive plan.
10:02:06PM Again, I disagree with a lot of the stuff that's said in
10:02:08PM there, but there's no way I can go through it tonight and
10:02:12PM document it point by point.
10:02:12PM I do want to point out one glaring error though that Abbye
10:02:15PM actually brought up, is on page five, that this may have an
10:02:18PM increased impact on traffic.
10:02:21PM You know, that's just a blatant error.
10:02:23PM I mean, this property is part of the DOI and it has massive
10:02:27PM traffic counts and capacity already reserved for the
10:02:31PM property.

10:02:31PM There's no way that 91 parking spaces anyone can argue is
10:02:33PM going to create more traffic than what's going to eventually
10:02:36PM be the end use development of the property.
10:02:38PM That's just one example of the numerous flaws that we found
10:02:41PM in the staff report.
10:02:42PM I also want the record to reflect the facts that my
10:02:45PM company's extensive outreach regarding this request since
10:02:48PM past discussions -- and I'm sure what we're going to hear
10:02:51PM tonight -- would leave the casual observer to believe that
10:02:54PM we basically have not wanted to talk to the neighbors or
10:02:57PM anybody about this property.
10:02:58PM Below is a summary.
10:03:00PM Parking began in 2011.
10:03:01PM The reason this became an issue is because a competing
10:03:04PM parking company to the one that's our third party company
10:03:07PM contacted the city -- and I verified this through a sunshine
10:03:10PM request with the rezoning department -- and complained that
10:03:14PM there's a parking lot that's competing with them since
10:03:16PM they're in the Channelside district.
10:03:17PM After that it all gets more fun.
10:03:18PM We were contacted on January 3rd by Mr. Mike Batiste with
10:03:22PM the general Harbour Island HOA -- this is for the whole
10:03:25PM island.
10:03:25PM And he told me to deal with the Post HOA.
10:03:28PM There's three HOAs on the island.

10:03:30PM Post is on the north end.
10:03:32PM I thought this was a reasonable request because Mr. Batiste
10:03:36PM represents the entire island's HOA and 81.5% of my HOA dues
10:03:41PM go to the Post HOA.
10:03:43PM So, I assumed that this was the person I want to deal
10:03:45PM with -- that this was the HOA to deal with.
10:03:47PM I had a call with Post, the head of their HOA department on
10:03:50PM February 9th, 2012.
10:03:52PM Post issued a letter with their aesthetic requirements on
10:03:55PM May 3, 2012 and per an e-mail on September 24, 2012, Post
10:03:59PM stated we were in compliance with their HOA requirements.
10:04:03PM They never said to shut down the parking.
10:04:05PM Regarding outreach to the city and to the neighbors, in
10:04:09PM August 2012, we met with two members of the city rezoning
10:04:15PM department and they stated to do a rezoning on the property
10:04:18PM and that it specifically was not a public health and safety
10:04:20PM issue.
10:04:21PM In October 2012, I personally met with the manager for the
10:04:25PM Plaza, our next-door neighbor, and reviewed the property in
10:04:28PM detail for 90 minutes.
10:04:29PM I clearly explained to him that we would like input from the
10:04:32PM Plaza and we would incorporate into our rezoning package,
10:04:35PM which we have done.
10:04:36PM I even offered to attend the plaza's HOA meeting on
10:04:39PM January 18th, two months in advance.

10:04:41PM However, on January 16th, I was contacted and told not to
10:04:45PM attend the meeting.
10:04:47PM It was on my schedule.
10:04:48PM No one can say we haven't tried to meet with the neighbors.
10:04:51PM In December 2012, we met with staff of various disciplines
10:04:53PM at the city office, and the only issue Ms. Feeley had -- and
10:04:58PM I respect Abbye a lot.
10:04:59PM I've worked with her on other projects -- was that it didn't
10:05:02PM fit into the area.
10:05:03PM Again, if a helistop fits, how does a parking lot not fit?
10:05:08PM I just don't understand that.
10:05:08PM Additionally a sign with my contact information has been on
10:05:08PM the property for over a year.
10:05:09PM How many calls have I received? Zero.
10:05:13PM Along these same lines, the manager for the Plaza, the
10:05:16PM office development and Post Apartments, our immediate
10:05:19PM neighbors, has my personal cell phone and e-mail and I've
10:05:22PM only been contacted in the last year and a half two times by
10:05:25PM the Plaza manager, and both times -- this is all documented
10:05:28PM over e-mail -- we have fixed the issue.
10:05:31PM Finally, with this additional temporary use to existing
10:05:33PM rezoning, we're requesting Council's approval for the
10:05:36PM allowance of an interim parking lot.
10:05:39PM With the approval, the city will allow the existing parking
10:05:42PM operation employees to retain their jobs, thus saving

10:05:44PM taxpayers money and unemployment costs.
10:05:46PM Additionally, a positive vote will allow the very low impact
10:05:50PM operation of the parking lot in a highly intense area to
10:05:53PM continue to contribute, based on estimates, over $100,000
10:05:57PM per year to the local economy.
10:05:58PM A positive vote will also improve the condition and
10:06:01PM appearance of the property since we will be installing a new
10:06:04PM fence per Abbye's pictures.
10:06:06PM It is a nice window into Harbour Island.
10:06:08PM It's going to have a brand new vinyl fence around the entire
10:06:11PM perimeter of the property.
10:06:12PM If not -- I appreciate that.
10:06:16PM If not, it is going to remain in as-is condition, because
10:06:19PM it's a financial decision.
10:06:20PM You can't repair something if there's not income coming in.
10:06:23PM In conclusion, we urge you to vote in favor of protecting
10:06:26PM private property rights and this petition to add one single
10:06:30PM land use -- it's going from PD to PD and adding one land
10:06:33PM use, which is already approved for numerous other uses.
10:06:36PM Thank you for your time this evening and I'm happy to
10:06:38PM respond to any questions.
10:06:40PM >>CHARLIE MIRANDA: Any questions from Councilmembers at this
10:06:42PM time?
10:06:42PM Okay.
10:06:43PM Anyone in the audience care to speak in this item?

10:06:46PM Please come forward.
10:06:54PM >> Good evening.
10:06:55PM Webb Melton, with Roth PA, 1801 North Highland Avenue,
10:07:00PM Tampa, Florida.
10:07:01PM I'm here on behalf of the Plaza Harbour Island condominium.
10:07:04PM We're the condominiums located immediately adjacent to the
10:07:07PM proposed parking lot.
10:07:08PM The Plaza Harbour Island is 142 residential unit condominium
10:07:14PM with two commercial units as well.
10:07:16PM It's actually across the street from the exit of the parking
10:07:19PM lot, which coincides with the exit of the Plaza Harbour
10:07:21PM Island.
10:07:23PM I use the term street loosely as it's basically an alleyway
10:07:27PM that can accommodate one car.
10:07:29PM In the interest of time, we would adopt the staff's report
10:07:33PM and staff's findings regarding inconsistencies in terms of
10:07:36PM the comprehensive plan as well as to the inconsistencies
10:07:40PM with the code regarding rezoning of the PD.
10:07:43PM The Plaza Harbour Island opposes the parking lot, as it is
10:07:47PM significant change from the unique characteristic and
10:07:49PM intended purposes of the Harbour Island community, a mixed
10:07:53PM use walkable urban environment.
10:07:55PM That's why this has always been, parking has been expressly
10:07:58PM prohibited.
10:07:59PM Parking such as this is expressly prohibited in the design

10:08:02PM standards and conditions for Harbour Island on section
10:08:05PM B5C -- that's page 8 of the design review code, which you
10:08:12PM have attached to the staff report.
10:08:14PM It's on page 8.
10:08:15PM It actually discusses on-site parking such as this and
10:08:18PM prohibits it.
10:08:19PM Again, I think Abbye, I'd like to thank Abbye and thank the
10:08:23PM Planning Commission for their reports.
10:08:25PM I think they did an excellent job summarizing everything and
10:08:27PM the many legal issues with this.
10:08:28PM It's going to make my job pretty easy tonight because I
10:08:31PM don't really have much to add to what they've already
10:08:33PM stated.
10:08:33PM So the Plaza Harbour Island would like to adopt the
10:08:36PM statements made by the staff and Planning Commission on why
10:08:39PM the Council should find this use inconsistent and deny the
10:08:42PM application.
10:08:42PM We also oppose the waiver that is being requested.
10:08:47PM Again, Harbour Island is a mixed use walkable urban
10:08:50PM environment that places a great deal of importance on
10:08:53PM aesthetics and safety.
10:08:54PM What they're actually asking you to do is reduce the setback
10:08:58PM from 15 to less than four feet and replace the masonry wall
10:09:02PM with white PVC fence.
10:09:04PM We think this no way, shape or form enhances the

10:09:09PM walkability, safety or lifestyle of the residents and
10:09:13PM commercial uses on the property.
10:09:14PM In addition to the violations of the comprehensive plan and
10:09:20PM the land development code, this use also violates the land
10:09:27PM use restrictions of Harbour Island, which I'm sure other
10:09:30PM residents will be speaking about.
10:09:31PM So I will cede the floor to Harbour Island and individual
10:09:39PM residents that want to speak.
10:09:40PM In summary, the Plaza Harbour Island adopts the staff's
10:09:44PM report and requests denial of the parking lot for the
10:09:47PM reasons set forth by the staff.
10:09:49PM >>CHARLIE MIRANDA: Thank you.
10:09:50PM We go from the left first, then from the right.
10:09:53PM My left, then right.
10:09:54PM One each.
10:09:58PM >> My name is Joyce Schauer.
10:10:01PM I live 723 Seddon Cove Way and I have been sworn in.
10:10:05PM I'm sure you're all familiar with Harbour Island.
10:10:08PM We represent a large base of voters and taxpayers.
10:10:12PM And the community is very well run and an asset to the City
10:10:16PM of Tampa, which I'm sure you already know.
10:10:18PM I am the president of the master association of Harbour
10:10:23PM Island, which represents all residential and commercial
10:10:27PM entities.
10:10:27PM The Harbour Island architectural review committee is a part

10:10:34PM of the master association.
10:10:35PM We firmly stand in opposition to this request for rezoning.
10:10:39PM You'll hear tonight several reasons why this rezoning
10:10:45PM request should be denied.
10:10:47PM But I would like to bring you maybe a different perspective
10:10:50PM on this.
10:10:53PM The keys to success of our community were put in place 25
10:10:56PM years ago.
10:10:57PM They include strong governance to protect our property
10:11:02PM values, and clear requirements for architectural reviews.
10:11:09PM It should be noted that the A.R.C. conducts monthly meetings
10:11:14PM to review requests and to have review reports of defects.
10:11:20PM Anyone purchasing property on Harbour Island is required to
10:11:25PM sign a document saying they have read and will abide by the
10:11:30PM terms of Harbour Island declarations and bylaws before they
10:11:35PM can even close on a property.
10:11:37PM It is clearly stated in those governing documents that no
10:11:43PM building, signs, swimming pool, tennis courts, fence, dock,
10:11:48PM wall or any other structural improvement, including
10:11:52PM landscaping, shall be commenced, painted, erected or
10:11:57PM maintained on Harbour Island, nor shall any addition, change
10:12:01PM or visible alteration be made until the plans and
10:12:06PM specifications showing the nature, color, shape, kind,
10:12:11PM height, material and location are submitted to and approved
10:12:17PM in writing by our A.R.C.

10:12:19PM The owner of 500 Knights Run signed the agreement to abide
10:12:26PM by our rules.
10:12:29PM Was sent a second copy of these governance documents when he
10:12:33PM came up with the dirt parking lot.
10:12:37PM He's failed to follow our rules.
10:12:39PM He has not presented any plans to our A.R.C. and is
10:12:42PM Virtually chosen to thumb his nose at Harbour Island
10:12:45PM governance.
10:12:47PM In my opinion, if the Council approves this request, it will
10:12:52PM fundamentally override Harbour Island governance that
10:12:56PM requires approval by our A.R.C.
10:13:02PM >>CHARLIE MIRANDA: Thank you very much.
10:13:03PM Appreciate it.
10:13:03PM Yes, ma'am?
10:13:06PM >> Good evening.
10:13:07PM My name is Ann Cieslak.
10:13:09PM I live at 450 Knights Run Avenue, Tampa, Florida.
10:13:12PM I am the president of the north neighborhood association and
10:13:16PM I've been asked to come this evening to speak with you on
10:13:27PM behalf of the residents who live in the north.
10:13:29PM Harbour Island is divided into three regions.
10:13:32PM If you imagine sitting on the patio of the Marriott or the
10:13:36PM Columbia cafe and look across Garrison channel, the area you
10:13:41PM see circled in red is the north neighborhood.
10:13:43PM Our neighborhood is primarily a residential neighborhood.

10:13:47PM We have high-rise condominiums.
10:13:54PM We have town homes and we have apartments.
10:13:57PM About 1850 units are located in the north.
10:14:01PM We do have some businesses as well.
10:14:03PM But they are smaller privately owned, light commercial
10:14:07PM businesses, such as two small bistros.
10:14:11PM Boutique shops and office complex.
10:14:13PM Since its inception, there have been ongoing complaints from
10:14:17PM residents pertaining to the 500 Knights Run Avenue parcel,
10:14:23PM which has been in operation over a year in violation of
10:14:26PM zoning code.
10:14:27PM The use of this parcel is inappropriate in character and
10:14:29PM compatibility with our neighborhood and with Harbour Island
10:14:32PM in general.
10:14:33PM The use of this lot for cruise and special event parking
10:14:38PM adversely impacts the surrounding neighborhood.
10:14:40PM We're concerned about our property values.
10:14:42PM As Ms. Feeley mentioned, the north is a walking community.
10:14:46PM There are joggers, walkers, folks with their dogs out day
10:14:50PM and night that use the intersection of Harbour Post Drive
10:14:53PM and Knights Run where the entrance to this lot is.
10:14:56PM And residential concern about safety and the safety of their
10:14:58PM children.
10:14:59PM And part of the reason is, the people who are coming to this
10:15:02PM lot are not local.

10:15:03PM They're not familiar with the area.
10:15:05PM They're not familiar with our streets.
10:15:07PM So it increases the likelihood that a traffic mishap may
10:15:10PM happen.
10:15:11PM The neighborhood's also concerned about methods that may be
10:15:15PM used to attract special event parkers.
10:15:17PM Yard signs, or orange flags try and get people in, are not
10:15:25PM aligned with the character of our island or our
10:15:27PM neighborhood.
10:15:27PM As the previous speaker mentioned, the white fence is in
10:15:31PM stark contrast to the color schemes throughout Harbour
10:15:33PM Island and was not approved by either of the north
10:15:37PM association or the master association or the A.R.C.
10:15:41PM The north neighborhood urges you to deny this applicant's
10:15:45PM request and we hope that you will not be swayed by the fact
10:15:49PM that even though this condition is only for five years,
10:15:53PM whether it be for one day or one year, that does not make an
10:15:57PM incompatible use compatible.
10:15:59PM Thank you very much for your time.
10:16:00PM >>CHARLIE MIRANDA: Thank you very much.
10:16:01PM Yes, sir?
10:16:05PM >> Good evening, ladies and gentlemen of the Council.
10:16:06PM My name is Evan Kantor.
10:16:07PM I live at 450 Knights Run avenue and I was sworn in.
10:16:11PM There are a lot of people here tonight that didn't have a

10:16:14PM hard time finding this place.
10:16:15PM We have already been here twice.
10:16:16PM Once was almost over a year ago.
10:16:21PM When it was suggested that the capital parking stop using
10:16:26PM that lot for car storage.
10:16:28PM Splicing enough, that strong suggestion was ignored and
10:16:32PM nothing changed.
10:16:33PM Several months after that, we were all here again in front
10:16:37PM of the same magistrate, where the magistrate--it was very,
10:16:42PM very strongly suggested that car storage stop in this block.
10:16:47PM Big surprise.
10:16:48PM Nothing happened.
10:16:50PM Nothing changed.
10:16:51PM Because see, the petitioner and capital apartment don't
10:16:58PM really care about magistrate's suggestions, Council's
10:17:01PM decisions or even their neighbors or the community at large.
10:17:04PM What they really care about is recovering investments and
10:17:07PM bottom line profits.
10:17:09PM Harbour Island is a residential neighborhood as many said.
10:17:12PM Having vehicle storage in the middle of, it affect all our
10:17:16PM residents greatly.
10:17:17PM The lot impacts our environment.
10:17:20PM It compromises our safety.
10:17:22PM And it creates a general nuisance to all the people of
10:17:26PM Harbour Island.

10:17:27PM Now I think you're going to hear some very specific concerns
10:17:30PM in reported incidents that have happened since this land has
10:17:34PM been misused.
10:17:35PM Thank you very much for your time.
10:17:37PM >>CHARLIE MIRANDA: Thank you very much, sir.
10:17:37PM Yes, sir?
10:17:43PM >> My name is Bill Queenen and I have been sworn.
10:17:47PM My address is 450 Knights Run Avenue.
10:17:49PM I'm the vice-president of the HOA at the Plaza and I'll be
10:17:51PM very brief.
10:17:52PM The good thing parking lots on Harbour Island provide
10:17:57PM parking for residents and businesses on Harbour Island.
10:18:00PM The cruise lot is bringing people to Harbour Island which do
10:18:04PM not add to the business community or have financial impact
10:18:08PM to Harbour Island.
10:18:10PM In fact, it might be stated that revenues being robbed from
10:18:13PM the Channelside parking in order that they come over at a
10:18:18PM reduced rate and park there.
10:18:19PM This is in direct contradiction to the permitted uses
10:18:24PM outlined in the development standards and conditions for
10:18:28PM Harbour Island.
10:18:29PM Thank you.
10:18:29PM >>CHARLIE MIRANDA: Thank you very much, sir.
10:18:30PM Next sir?
10:18:33PM >> Good evening everyone.

10:18:35PM My name is Richard Turner.
10:18:36PM I live at 450 Knights Run Avenue.
10:18:41PM I've been sworn in.
10:18:42PM I'm a resident and a property owner of the Plaza.
10:18:45PM Harbour Island and the Plaza are secure 24/7 communities.
10:18:50PM I'm concerned about the 24/7 absence of security provided by
10:18:56PM the operators of the parking lot.
10:18:58PM The absence of the security and the parking lot encourages
10:19:03PM theft and vandalism, which is a concern for my family and
10:19:07PM the families of the Plaza.
10:19:08PM Thank you very much.
10:19:09PM >>CHARLIE MIRANDA: Thank you very much, sir.
10:19:10PM Yes, sir?
10:19:24PM >> My name is Louis Bernucca.
10:19:27PM I live at the Plaza, suite 1106.
10:19:30PM I want to talk to you about the nuisance park.
10:19:35PM It gets exacerbated by the company that is doing the parking
10:19:37PM there, capital parking.
10:19:39PM Because their web site, I was surprised to find out, their
10:19:42PM web site indicates they're available from 7:00 in the
10:19:45PM morning till 2:00 in the afternoon to take in drivers from
10:19:49PM their cars and to then move them over to the, the site of
10:19:54PM the cruise lines.
10:19:57PM What happens is, the actual web site of capital parking, the
10:20:01PM web site itself, which is a sales document, gives our

10:20:05PM address as a place to put your cars.
10:20:07PM It actually says bring your car to 450 Knights Run Avenue.
10:20:11PM What occurs then is people who are parking their cars, bring
10:20:16PM their cars to the front of our door.
10:20:19PM It now becomes our job, our valets, our people to tell them
10:20:24PM no, this is not the place to take your car.
10:20:28PM That's one part of it.
10:20:29PM So we're now struggling with the idea of having more people
10:20:34PM tell more other people don't come in here, you're not
10:20:37PM welcome to be here.
10:20:38PM The other thing that occurs is that when people bring their
10:20:41PM cars there, many of them don't just come from Tampa.
10:20:44PM They may drive from Jacksonville, to come to Tampa to take a
10:20:48PM cruise.
10:20:48PM When they park their car, they now have reasons to go, for
10:20:52PM example, to our facility to use the facilities, to get out
10:20:56PM of the rain as the case in point.
10:20:58PM If it's raining and they're waiting for a van to pick them
10:21:01PM up, they would like to come to our place and wait for the
10:21:04PM van.
10:21:04PM That's what they attempt to do.
10:21:06PM The other part about the timing, even though the web site
10:21:09PM says from 7:00 to 2:00, just two weeks ago, we had a ship
10:21:13PM come in about 8:30 or 9:00 at night because of fog.
10:21:18PM So cars were being taken back and forth at a much later

10:21:21PM time.
10:21:21PM So when it says 7:00 to 2:00, that's not exactly true.
10:21:26PM We really have to be there all day to listen to the nuisance
10:21:30PM that occurs from all of those people there.
10:21:33PM And what occurs -- somebody just said this, what occurs,
10:21:37PM they're not Harbour Island residents.
10:21:40PM They don't come to the island to spend money at the
10:21:42PM restaurants.
10:21:43PM They don't come there and go to a game.
10:21:45PM They're transients.
10:21:46PM And the cars are parked there for days and days as someone
10:21:49PM just said, Ms. Feeley said, it takes I don't know when it's
10:21:55PM going to be for the cruise ship to come back.
10:21:57PM And I think the nuisance part has to be looked at.
10:22:55PM >> I think that having a cruise parking or a special event
10:22:59PM parking across the street from a residence, multi-apartment
10:23:09PM building and also in an area of a residential use, that is
10:23:16PM not good neighborliness.
10:23:20PM I urge you to look into it from the perspective of that this
10:23:27PM parking lot does not belong do that neighborhood.
10:23:32PM Thank you very much.
10:23:33PM >>CHARLIE MIRANDA: Thank you very much.
10:23:33PM Yes, sir?
10:23:39PM >>> My name is Denny Cieslak.
10:23:42PM I'm a resident of the Plaza.

10:23:44PM Been sworn in.
10:23:45PM My concern is the storage of the vehicle has another impact
10:23:48PM on the value of our property.
10:23:50PM And curb appeal on Harbour Island.
10:23:52PM The presence of development towards intended use.
10:23:58PM Use of the lot should be for purpose of increasing property
10:24:01PM value and benefiting community standards.
10:24:03PM That's all I have.
10:24:04PM Thank you.
10:24:05PM >>CHARLIE MIRANDA: Thank you very much.
10:24:05PM Sir.
10:24:06PM Yes, sir?
10:24:08PM >> Good evening, Mr. Chair, Councilmembers, thank you very
10:24:11PM much for staying, listening to us express our concerns.
10:24:14PM I'll just take a moment of your time.
10:24:14PM My name is David Dintenfass.
10:24:17PM I've been sworn in.
10:24:19PM Although I'm a relatively recent owner at the Plaza, I've
10:24:22PM lived on Harbour Island for more than 18 years.
10:24:25PM I raised my kids on Harbour Island.
10:24:27PM Part of the reason that my wife and I decided to move to
10:24:30PM Harbour Island is that it is an urban walking community.
10:24:33PM It's a community that promotes pedestrians, if you will.
10:24:38PM A lot of us walk, a lot of us jog outside, walk our dogs
10:24:41PM outside.

10:24:42PM And there's the real safety issue with a parking lot that
10:24:47PM accommodates people from out of town to store their cars
10:24:50PM there.
10:24:50PM On top of which, as thorough as Ms. Feeley's report was,
10:24:55PM there's one additional item of concern.
10:24:57PM And that is, there's a school bus stop right across the
10:25:01PM street from the parking lot.
10:25:03PM And while it's a great concern for all of us to bet our
10:25:06PM lives, we certainly don't want to bet the lives of a child
10:25:09PM walking at 7:00 in the morning -- while it's dark out -- as
10:25:13PM people are coming in from out of town to store their car
10:25:17PM there.
10:25:18PM Thank you very much.
10:25:18PM >>CHARLIE MIRANDA: Thank you very much, sir.
10:25:20PM Yes, sir?
10:25:21PM >> Good evening.
10:25:23PM My name is Andrew Weiner.
10:25:25PM I live at 700 South Harbour Island Boulevard.
10:25:28PM I am the president of park crest Harbour Island condominium
10:25:33PM association.
10:25:34PM We are -- I am here in support of my north neighborhood
10:25:40PM friends.
10:25:41PM I'd like to show you, give a little bit of a different
10:25:44PM perspective.
10:25:45PM Our building is up here.

10:25:47PM And the parking lot we're talking about is over here.
10:25:51PM We are not directly impacted by this.
10:25:54PM But I would like to say that recently, we had a parking lot,
10:26:01PM surface parking lot built right here next to our building on
10:26:05PM the other side of the Plaza.
10:26:07PM And again, this to us was a problem.
10:26:11PM We came and fought it.
10:26:14PM And we were not successful.
10:26:15PM So now we have surface parking directly across from our
10:26:19PM building.
10:26:20PM We don't need another surface parking lot in the north
10:26:24PM neighborhood.
10:26:24PM I'd like to point out to you that we have public parking at
10:26:30PM the hotel complex.
10:26:32PM We have public parking behind our building at two Harbour
10:26:37PM Place.
10:26:38PM We have public parking in the Post complex.
10:26:42PM And then we have this little small surface lot that I'm
10:26:45PM talking about, so there are four public parking lots already
10:26:49PM existing in this small north neighborhood.
10:26:50PM I just wanted to give you another perspective because this
10:26:54PM is a shot of Channelside.
10:26:57PM As you can see in this shot, the cruise ship was in on this
10:27:01PM day.
10:27:01PM And as you all know, that the port of Tampa recently built a

10:27:06PM several hundred car parking structure next to its already
10:27:09PM existing parking structure.
10:27:11PM I just happened to notice on this particular day, that there
10:27:14PM is one car parked on the roof all the way up here.
10:27:18PM And the other roof parking is empty, which leads me to
10:27:22PM believe that it's not a matter of not enough parking for the
10:27:26PM cruise ships.
10:27:28PM This is strictly a matter of the petitioner purchasing a
10:27:34PM property, not being able to turn it over for profit, and
10:27:37PM would like to recoup something for their purchase while
10:27:42PM they're waiting to sell it.
10:27:44PM And from my perspective, that is really not an appropriate
10:27:49PM way to do business.
10:27:50PM You buy a lot, you can't turn it over into a building, you
10:27:53PM hold the lot.
10:27:54PM You don't put surface parking.
10:27:56PM So with that, I just wanted to give you a big picture view
10:28:00PM of why I've come in support of my north neighborhood
10:28:04PM neighbors.
10:28:06PM >>CHARLIE MIRANDA: Thank you.
10:28:06PM Ms. Capin?
10:28:09PM >>YVONNE CAPIN: Sir, your first photo.
10:28:15PM You said that surface parking lot right in the center of
10:28:19PM that photo was put there a year ago?
10:28:24PM >> I think it may have been a year and a half ago.

10:28:28PM It was also started as parking after the hotel -- it was
10:28:33PM like a boutique hotel or whatever the complex was supposed
10:28:36PM to be built next to the Plaza.
10:28:37PM Fell through during the downturn.
10:28:40PM And it became a surface parking lot.
10:28:43PM We came to oppose it.
10:28:45PM We did manage for you to make the folks put up some trees
10:28:49PM and bushes.
10:28:50PM But it's still gravel surface parking right in the middle of
10:28:54PM the north neighborhood.
10:28:56PM >>YVONNE CAPIN: Night some clarification.
10:28:58PM I want to know when this came up.
10:29:00PM I want -- I've been here almost three years and I do not
10:29:04PM recall this.
10:29:06PM >>JULIA MANDELL: I think that particular parcel is currently
10:29:09PM being looked at in temples of how it's compliant.
10:29:14PM And I think we probably should not get much farther into
10:29:17PM that.
10:29:18PM >>YVONNE CAPIN: Thank you.
10:29:18PM I got the impression that it was already -- okay.
10:29:21PM Thank you.
10:29:22PM >>CHARLIE MIRANDA: Thank you all very much.
10:29:26PM >>CHARLIE MIRANDA: Next please?
10:29:28PM >> Hi, my name is Dr. Barbara Mayer and I was not sworn in
10:29:31PM because I arrived later.

10:29:33PM >>CHARLIE MIRANDA: We're going to swear you in right now.
10:29:34PM Anyone else, before we do this, that is going to speak that
10:29:40PM has not been sworn in.
10:29:41PM Thank you so much.
10:29:44PM [Oath administered by Clerk]
10:29:47PM >> I reside at the Plaza, 450 Knights Run Avenue.
10:29:51PM I lived on Davis island for 23 years.
10:29:53PM When my daughter left for college, so many of us down sized
10:29:57PM and we saw the evolution of Harbour Island for a long time
10:30:01PM and we knew that's where we wanted to be.
10:30:03PM Because of what it had become, including a Riverwalk and
10:30:06PM everything else.
10:30:06PM We immediately brought a stone on the Riverwalk so we could
10:30:11PM contribute to everything going on.
10:30:12PM I walk the dog many times a day right around that
10:30:15PM neighborhood.
10:30:16PM I ride the bike around the neighborhood.
10:30:18PM I cross the Meridian bridge.
10:30:20PM I'm on the Riverwalk, in the dog park, I'm loving everything
10:30:25PM that's happening.
10:30:26PM And having a parking lot where it is now is absolutely not
10:30:30PM incorporated into the present neighborhood that we have.
10:30:35PM There's kids that play ball on the streets.
10:30:38PM That's how safe it is in that neighborhood.
10:30:39PM We do have renters.

10:30:41PM We have that huge Post complex.
10:30:43PM But these are all neighbors.
10:30:44PM Even the businesses, even the office buildings we're all
10:30:47PM neighbors.
10:30:48PM When people come and park in those other lots, they're
10:30:50PM visiting us, they're visiting other people, you know, in
10:30:53PM that area, so we're all together in that.
10:30:56PM Now, we're talking about bringing strangers on to Harbour
10:30:59PM Island that have absolutely no business there.
10:31:03PM They leave with their suit cases, they come back with their
10:31:06PM suitcases.
10:31:07PM They usually leave garbage along the way because they've
10:31:10PM driven from somewhere, parked their car, they had picked up
10:31:14PM fast food, so now we have all those issues.
10:31:17PM What I wanted to show you in the picture is that right over
10:31:20PM here, it's not necessarily that it's by your regulations, I
10:31:24PM guess it's adjacent to this building.
10:31:28PM But there's actually a nice path back there that, if you go
10:31:31PM there, there would be hundreds of people walking back there
10:31:34PM all the time.
10:31:35PM Post has these nice paths that run all along here.
10:31:39PM So it always impacts us.
10:31:40PM You notice the picture of the cruise van over the fence.
10:31:46PM While their RVs are parked there.
10:31:49PM So imagine how that looks.

10:31:50PM During the RNC, they kicked everyone out and they brought in
10:31:53PM a giant RV and they lived in there for the whole week.
10:31:57PM Because that's how they were going to make the money.
10:31:59PM It's strictly a money-making venture and I hate to say this,
10:32:03PM but it's not our fault that they can't sell it right now.
10:32:06PM But we shouldn't have to pay the price.
10:32:08PM With the nuisance, with the safety issues, it just is not
10:32:12PM part of the big plan that's been in effect for 25 years.
10:32:15PM Thank you.
10:32:17PM >>CHARLIE MIRANDA: Thank you very much.
10:32:17PM Next please, sir.
10:32:22PM >> Yes.
10:32:23PM I'm Steve Wigh.
10:32:27PM I am a representative of one of the commercial property
10:32:29PM owners at 777 South Harbour Island Boulevard.
10:32:32PM I am the president of the Piazza Association, which is the
10:32:36PM association that represents the commercial properties,
10:32:37PM hotels and the Knights Point area.
10:32:41PM I serve on the master association board as well as the
10:32:45PM architectural review committee.
10:32:46PM One of the things that was brought up, which I can answer
10:32:49PM any questions specific to the surface parking lot that
10:32:52PM Mr. Weiner had brought up.
10:32:54PM That surface lot is a part of a commercial property, which
10:33:00PM is the Lindell property, a small commercial office building

10:33:05PM which was represented in the photo shown by Ms. Feeley.
10:33:08PM It was behind that property.
10:33:09PM It is not an improved lot, but I can say that that property
10:33:13PM has been sold and is being, going to be submitted for permit
10:33:18PM by the new ownership for luxury apartments at that site.
10:33:23PM Which will incorporate the existing small commercial
10:33:25PM property as well as that parking lot.
10:33:27PM So that property will be developed as commercial luxury
10:33:29PM apartments here shortly.
10:33:31PM With just a small couple of comments, again, we are in
10:33:38PM opposition of this rezoning.
10:33:40PM We do not believe that this property is consistent with the
10:33:43PM development of Harbour Island.
10:33:46PM In contrast to what the petitioner had said about it being a
10:33:49PM fairly small lot in the big scheme of things, to me, it's
10:33:53PM like having a spot right in the middle of your nose.
10:33:55PM That property is at the apex -- there are two big apexes
10:34:00PM that you have got.
10:34:00PM And one's at the corner of Beneficial and the other Harbour
10:34:04PM Island Boulevard.
10:34:05PM So it is in our opinion an eyesore.
10:34:08PM It's not just cars.
10:34:11PM I've seen RVs, buses type things parked there.
10:34:15PM Again, it looks like something a storage lot that you would
10:34:19PM see out in a rural area in front of a warehouse.

10:34:21PM So, that's really all I have to say and I can answer any
10:34:24PM other questions anyone else may have.
10:34:27PM >>CHARLIE MIRANDA: Thank you very much.
10:34:27PM Appreciate it.
10:34:28PM Next please?
10:34:32PM >> My name is Gayle Bernucca.
10:34:34PM I'm a resident of Harbor Island.
10:34:35PM I live at 450 Knights Run Avenue.
10:34:38PM As I am the final resident to address the Council this
10:34:41PM evening, I would like to thank you for your time and
10:34:43PM attention to have very important matter.
10:34:46PM We all respect and appreciate your time, and as such, have
10:34:49PM done our best to coordinate all our efforts.
10:34:52PM Many citizens who are unable to be here this evening and
10:34:54PM requested I state their opposition to the parking lot.
10:34:58PM Also many citizens who wanted to speak were asked not to in
10:35:00PM the interest of time.
10:35:02PM So I'd like everyone present who agrees with the statements
10:35:05PM made in oppositions to the parking, agrees with the city
10:35:09PM staff report and opposes the cruise parking lot to please
10:35:12PM stand.
10:35:12PM Will the Council please note that there are approximately 27
10:35:18PM people here who have stood in opposition to the cruise
10:35:21PM parking lot.
10:35:22PM Thank you.

10:35:23PM >>CHARLIE MIRANDA: Thank you so very much.
10:35:24PM Mr. Cohen, then Mr. Suarez.
10:35:26PM And then we go to the petitioner.
10:35:29PM >>HARRY COHEN: Thank you.
10:35:30PM I first of all wanted to take the opportunity to compliment
10:35:33PM the staff on an extremely thorough and explicit staff report
10:35:39PM that I think expresses the issues that are at stake here
10:35:46PM very, very well.
10:35:49PM I'm not going to go through every one of them, but I do just
10:35:52PM want to say that rarely do we see a Planning Commission
10:35:56PM report and a staff report that, that are so clear in
10:36:04PM explaining why something is incompatible with the
10:36:09PM surrounding neighborhood.
10:36:10PM One of the rules of statutory construction is that when
10:36:16PM there is a long list of permitted uses, when something isn't
10:36:21PM on that list, there's a reason for it.
10:36:26PM It's not like someone forgot to add surface parking to the
10:36:30PM list that includes marinas and residential dwellings and
10:36:33PM restaurants and hotels and conference centers and
10:36:37PM recreational facilities and even a TECO substation and
10:36:41PM heliport.
10:36:43PM Surface parking was left out on purpose because it is
10:36:46PM incompatible with the nature and character of the
10:36:49PM neighborhood.
10:36:49PM And the word that's used in the staff report is harmony.

10:36:54PM It's not in harmony with the existing, with the existing
10:36:59PM character of the island.
10:37:00PM So, for that reason, I am going to vote in opposition to
10:37:06PM this petition.
10:37:09PM >>CHARLIE MIRANDA: We need to hear the rebuttal from the
10:37:13PM petitioner, Mr. Suarez.
10:37:14PM >>MIKE SUAREZ: If you'd prefer -- okay.
10:37:16PM I was going to ask petitioner some questions.
10:37:20PM First of all, I'd like to thank everyone who stayed, stuck
10:37:23PM around here.
10:37:24PM We know that what we do here on these zoning cases may not
10:37:28PM be the most interesting thing.
10:37:29PM And I think you've discovered that.
10:37:31PM [ Laughter ]
10:37:33PM >>MIKE SUAREZ: We really appreciate the fact you understand
10:37:35PM it is a difficult decision for us to make and we do try and
10:37:38PM follow the law and we do appreciate your participation.
10:37:41PM Sir, I wanted to ask you a quick question.
10:37:44PM >> Yes, sir.
10:37:44PM >>MIKE SUAREZ: You made mention you bought the property in
10:37:46PM 2011.
10:37:47PM >> Yes, sir, April of 2011.
10:37:49PM >> April of 2011.
10:37:50PM All right.
10:37:51PM What was the reason for the purchase?

10:37:55PM >> The reason for purchase?
10:37:56PM >>MIKE SUAREZ: Yeah.
10:37:57PM >> To make a profit.
10:37:58PM >>MIKE SUAREZ: Okay.
10:37:59PM Let's go a little, drill down a little bit further.
10:38:02PM What was your plans for the development of that particular
10:38:04PM property?
10:38:06PM I apologize for interrupting you.
10:38:08PM On here it says the applicant name is McNeal Engineering?
10:38:11PM >> Actually McNeal Engineering is the civil engineering
10:38:15PM firm, but our ownership company is called knights harbor
10:38:19PM LLC.
10:38:20PM >> And you're a developer by trade?
10:38:23PM >> Yes, sir.
10:38:23PM >> Was your original intent to develop that parcel?
10:38:25PM >> Yes sir, either for our company to develop it or partner
10:38:28PM with someone or potentially sell it if there was somebody
10:38:31PM that had more expertise, maybe building a high-rise tower.
10:38:36PM >>MIKE SUAREZ: So as a developer, you mentioned you are a
10:38:38PM developer, you knew what it was zoned as -- bless you, sir.
10:38:43PM What the thought was to eventually sell the parcel property,
10:38:46PM to develop it, something that was more compatible use based
10:38:51PM on what it was zoned as or had the zoning as part of Harbour
10:38:55PM Island, correct?
10:38:57PM >> Well of course.

10:38:57PM We would never buy a property thinking that we're not going
10:39:02PM to -- I guess the best way to put it is, we're not going to
10:39:07PM buy it and say like if the Florida aquarium was approved for
10:39:10PM this property at one point.
10:39:10PM We know we're not going to build that on it, so within
10:39:12PM reason.
10:39:12PM I understand where you're going.
10:39:14PM When we looked at the restrictions, we said, there's a lot
10:39:18PM of very, very, very intense uses.
10:39:20PM The old people mover that came into Jackson's was supposed
10:39:23PM to go into here.
10:39:25PM >>MIKE SUAREZ: Let me interrupt you.
10:39:27PM I apologize, I hate to interrupt you.
10:39:29PM The point is not that -- you being a developer and someone
10:39:34PM that understands this process, looked at what those uses
10:39:39PM were.
10:39:40PM The parking lot was not one of the uses.
10:39:43PM That was never your intent.
10:39:44PM I think you mentioned during your statement previously that
10:39:47PM the reason why you started to do this was to recoup some of
10:39:51PM the dollars that you had invested in the property, correct?
10:39:57PM >> Well, Mr. Suarez, I agree with a lot of that, that of
10:40:00PM course we're going to set up an economic operation to recoup
10:40:04PM any investment.
10:40:05PM >>MIKE SUAREZ: Again I hate to interrupt.

10:40:07PM I'm trying to repeat what you said earlier.
10:40:10PM >> I understand that but you're twist -- I guess in
10:40:13PM fairness, there's also been a year of dealing with the legal
10:40:16PM department for the city on advisory opinions.
10:40:19PM Because when we bought it, we were under the impression,
10:40:22PM based on our review and our land use attorney's review, we
10:40:26PM could use it for a parking lot in light of all the other
10:40:29PM items.
10:40:29PM And midway through the code enforcement process, I mean,
10:40:31PM it's very open.
10:40:33PM We're in code enforcement, and that's why we're here.
10:40:35PM But that's not unique.
10:40:37PM That's what a lot of other applicants were here tonight
10:40:39PM also.
10:40:39PM We believed that we could use it and we filed for an
10:40:42PM advisory opinion.
10:40:43PM The advisory opinion came back and we said instead of
10:40:47PM fighting it, because there's a clear appeal process.
10:40:50PM We said we will go through the rezoning.
10:40:52PM And that's why we're here because we wanted to act in good
10:40:55PM faith.
10:40:56PM I'm fourth generation from Tampa.
10:40:57PM This isn't some big company flying in from out of town to
10:41:01PM rape and pillage the land.
10:41:02PM >>MIKE SUAREZ: The reason I was asking was to clarify that.

10:41:04PM >> We thought it was an allowed use.
10:41:07PM >>MIKE SUAREZ: I was basing it on your statements from your
10:41:09PM previous statement earlier.
10:41:10PM I don't want you to make this into any kind of adversarial
10:41:14PM condition.
10:41:14PM I just need to know answers.
10:41:16PM That's part of the reason why we wanted to make sure you got
10:41:19PM your statement out first and I usually wait until everything
10:41:22PM is done.
10:41:23PM But that one's been bothering me a little bit because I
10:41:26PM didn't know -- because, I will tell you honestly, in other
10:41:30PM times we have people that are not very sophisticated buyers
10:41:34PM or developers, that make mistakes concerning zoning.
10:41:39PM That based on your statement originally and some of the
10:41:41PM things that you were saying, that didn't -- you did not look
10:41:44PM to me based on your statement as someone that was an
10:41:47PM unsophisticated buyer.
10:41:49PM That's the only reason I was asking the questions.
10:41:50PM So, April 2011, you buy it.
10:41:56PM You have been working through the, over the last year, year
10:42:01PM and a half to try and figure out if you can comply,
10:42:06PM because -- when were you first cited by code enforcement for
10:42:10PM noncompliance?
10:42:12PM >> I believe it was either March or April of 2012.
10:42:16PM >>MIKE SUAREZ: But when did you start operating the parking

10:42:22PM facility?
10:42:23PM >> Well, the parking lot, sir, probably started, may not
10:42:26PM have the exact date, but I would say at least five or six
10:42:29PM months before that.
10:42:29PM That's when we actually reached out to Post on
10:42:32PM recommendation from the master HOA and got a letter from
10:42:35PM them saying if you do this, you can have your parking lot.
10:42:38PM I can submit that letter into the record.
10:42:42PM >>MIKE SUAREZ: I remember following your line of reasoning
10:42:43PM when you made that statement.
10:42:46PM I just wanted to make sure where in the whole, in the whole
10:42:50PM scheme of things where everything started, where it began.
10:42:54PM Because like everyone else on this Council, I think I do
10:42:57PM speak for everyone else when it comes to this, we want to
10:43:00PM try and make people understand what this zoning process is.
10:43:03PM It's not -- we want people to be, to have a use if it's
10:43:09PM compatible.
10:43:10PM And if it's not compatible, we have to deny the use.
10:43:13PM We want to make sure everybody understands.
10:43:16PM Thanks very much for answering my questions.
10:43:23PM >>CHARLIE MIRANDA: Ms. Capin?
10:43:24PM >>YVONNE CAPIN: Thank you.
10:43:25PM Where to begin here.
10:43:28PM It was stated by -- first of all, Mr. Sierra, right?
10:43:37PM >> Yes, ma'am.

10:43:38PM >>YVONNE CAPIN: Even if you have a letter from the Post,
10:43:41PM they can't give you permission to put a parking lot here.
10:43:44PM >> I found that out after the fact.
10:43:45PM I understand that.
10:43:47PM >>YVONNE CAPIN: You're a sophisticated developer.
10:43:50PM >> That's what I just answered.
10:43:52PM We thought it was an allowed use.
10:43:55PM >>YVONNE CAPIN: And then you sought an opinion.
10:43:59PM >> No.
10:43:59PM Then a competing parking company per a sunshine request
10:44:03PM complained.
10:44:04PM And that's where this started.
10:44:05PM >>YVONNE CAPIN: Why are you here?
10:44:07PM What did -- what -- you stated that you sought...
10:44:15PM >> Because we were cited by code enforcement after months in
10:44:18PM operation with no issue.
10:44:20PM >>YVONNE CAPIN: Okay.
10:44:21PM That's when they discovered you were operating.
10:44:23PM And then you did what?
10:44:26PM >> At what point in time?
10:44:28PM I'm not sure what you're referencing.
10:44:30PM >> When code enforcement came, I heard you say you sought an
10:44:34PM opinion.
10:44:35PM You sought, you decided to come here.
10:44:44PM >>> We asked for advisory legal opinion on code

10:44:47PM enforcement's interpretation of a rule.
10:44:50PM >>YVONNE CAPIN: And what was that opinion?
10:44:52PM >> It wasn't given by an attorney.
10:44:54PM It was given by a planner that said you could appeal it
10:44:57PM because it was nonbinding decision.
10:44:59PM That's when we went back in front of code enforcement and
10:45:02PM said we'll go through the rezoning process.
10:45:04PM >>YVONNE CAPIN: Now the other thing is, someone stated we
10:45:07PM understand, the resident, stated we understand that it's
10:45:11PM only for five years.
10:45:13PM That's not correct.
10:45:14PM Because we're looking at changing the land development code.
10:45:20PM Right, Ms. Feeley?
10:45:21PM If this was granted, we would be changing -- this would be
10:45:28PM permanent change.
10:45:31PM >>ABBYE FEELEY: There are conditions on the plan before you
10:45:34PM that would limit it to five years.
10:45:37PM Being proposed.
10:45:40PM >>YVONNE CAPIN: Thank you.
10:45:43PM >>JULIA MANDELL: If I could clarify a couple things.
10:45:45PM You know as I always advise, the fact, any applicant, this
10:45:48PM applicant or some other applicant out in the world is in
10:45:51PM code enforcement process is going through another process
10:45:54PM really is not part of your decision-making process.
10:45:57PM What's part of your decision-making process is as was

10:46:00PM pointed out through both the staff reports, whether or not
10:46:03PM this meets our code, it's consistent with the comprehensive
10:46:06PM plan, it's compatible with the neighborhood.
10:46:08PM And compatible with our standards.
10:46:10PM And you have staff reports and you've heard testimony as it
10:46:13PM relates to those particular issues.
10:46:15PM So I would suggest that those are the better issues to be
10:46:18PM discussing.
10:46:19PM If you want to have a better understanding of what happened
10:46:21PM in the code enforcement process, I was a little bit
10:46:24PM involved.
10:46:24PM Not tremendously involved.
10:46:25PM I can talk to you all about that.
10:46:27PM But I'm not really sure that it's necessary part of this
10:46:31PM conversation for the record.
10:46:33PM Thank you.
10:46:35PM >>YVONNE CAPIN: Okay.
10:46:35PM So there is the five -- I'm going to leave it at that I will
10:46:42PM tell you, Mr. Sierra, I've been here three years and you're
10:46:45PM the first one to come before us and call us the dear
10:46:48PM honorable Councilmembers.
10:46:51PM I'm done.
10:46:54PM >>CHARLIE MIRANDA: Thank you, Ms. Montelione?
10:46:55PM >> I meant nothing by that.
10:46:57PM I didn't --

10:47:00PM >>CHARLIE MIRANDA: No, no, she meant that as a compliment.
10:47:09PM >>CHARLIE MIRANDA: It's your hair that's turning me off.
10:47:16PM >>CHARLIE MIRANDA: Thank you very much.
10:47:17PM Petitioner, I apologize, you have five minute of rebuttal
10:47:21PM what the neighborhood said.
10:47:22PM You're certainly entitled to it.
10:47:24PM It's your turn.
10:47:26PM >> I appreciate that I appreciate you all staying late.
10:47:28PM And I really respect your opinion.
10:47:30PM However the chips fall tonight, I guess just, I'm going to
10:47:34PM hit Bic picture stuff and some details that came up.
10:47:38PM As you all are aware, through the staff report, there's over
10:47:41PM 3,000 homes currently built within Harbour Island that's per
10:47:45PM the DRI annual report.
10:47:46PM And the island is approved for millions of square feet of
10:47:49PM space.
10:47:50PM A lot of it is built, but not all of it.
10:47:53PM 4,650 homes.
10:47:54PM This is not to take away anything, but, and I really think
10:48:00PM they're very well-organized.
10:48:02PM Probably one of the most well-organized I've seen at a
10:48:05PM hearing.
10:48:05PM But in reality, thousands of people drive by this property
10:48:08PM every week.
10:48:09PM Even if you consider a hundred people, if you triple almost

10:48:11PM the number that's here, that's less than one percent of the
10:48:14PM resident base of just Harbour Island.
10:48:16PM I respect everyone's opinion, however, we need to really in
10:48:21PM my opinion look at what is allowed here.
10:48:25PM I keep hearing about compatibility and different things.
10:48:28PM I understand, Mr. Cohen, and I know you're an attorney, so
10:48:31PM I'm sure you're right about that.
10:48:33PM But the rezoning has been amended a few times, so obviously
10:48:37PM whatever was put into place in the '80s, they had the
10:48:40PM people mover in there, has changed over time.
10:48:43PM And they're all very intense allowable uses.
10:48:47PM So when the comp plan says -- and by the way, we all know
10:48:50PM the comp plan looks out 20 years.
10:48:52PM It's in the second paragraph.
10:48:52PM This is a five year use.
10:48:54PM I even questioned if it is even relative to the long-term
10:48:58PM planning because it has an automatic shutoff date.
10:49:01PM This is not the final use of the property.
10:49:03PM That being said, I know that argument may fall on deaf ears
10:49:07PM with the neighbors, but I hope that like they're telling me
10:49:11PM I should've read the standards, I hope they do realize --
10:49:13PM and it's in Ms. Feeley's report -- that there are very
10:49:14PM intensive uses that could go on this property and do I want
10:49:17PM to get on the record, maybe I'll be back in two years or
10:49:20PM five years, who knows when we're going to develop this

10:49:22PM thing.
10:49:23PM But there is going to be something that happens on this
10:49:25PM property.
10:49:25PM I mean, it's approved, there's allocation agreement, there's
10:49:27PM DRI annual reports, this is all public record.
10:49:29PM So, I just hope that everybody's that here understands that
10:49:32PM there is going to be traffic in the future.
10:49:34PM There is going to be stuff that comes up because there is
10:49:37PM going to be a development there, whether it's a low
10:49:39PM intensity parking lot with 90 spaces or a 30 story high-rise
10:49:43PM tower.
10:49:44PM A few quick things.
10:49:45PM I thought Webb gave a very nice presentation from the legal
10:49:49PM standpoint.
10:49:49PM But I do question on page eight, first it was express
10:49:53PM restriction on parking and then it was just restriction.
10:49:56PM That actually specifically relates to on-street parking.
10:49:59PM Page eight, letter C as in cat.
10:50:02PM We're not proposing on-street parking.
10:50:05PM It's not part of our application.
10:50:06PM And then to adopt the staff report -- and again, I hate
10:50:09PM disagreeing with Abbye on anything, but I think I pointed
10:50:13PM out at least one thing, and I know Mr. Cohen is going to
10:50:15PM disagree with this.
10:50:15PM I mean it says there's going to be more traffic under this

10:50:18PM use, of course there is because there was a vacant property
10:50:21PM there before.
10:50:22PM But there are thousands of trips allocated still to Harbour
10:50:25PM Island, so if the argument is that some development,
10:50:27PM including a parking lot, is going to add more trips, then
10:50:29PM I'm afraid to ever come back here again because whatever I
10:50:33PM propose is going to add more trips.
10:50:34PM But those trips were allocated back in the '80s in the
10:50:37PM DRI.
10:50:37PM The master HOA is in opposition again.
10:50:41PM I've mentioned that I talked to their representative.
10:50:43PM Their hired person, called condominium associates.
10:50:45PM I assume that he represents them.
10:50:47PM He's their hired management company.
10:50:49PM He told me exactly the process to go through to Mr. Suarez's
10:50:52PM point.
10:50:53PM That's the process that we in good faith went through and
10:50:55PM got a letter saying if you do this on the property, Harbour
10:50:59PM Island HOA was okay with it.
10:51:01PM And I do know there are other HOAs, but we were told to go
10:51:05PM to the Post HOA first before we dealt with the north HOA and
10:51:09PM the Hixa HOA.
10:51:10PM I know that there's been some questions about safety, theft
10:51:14PM and vandalism, and that's the last thing I want.
10:51:18PM I live in south Tampa, we're doing a development in south

10:51:19PM Tampa right now on MacDill.
10:51:20PM My family -- myself is fourth generation from Tampa.
10:51:22PM But I can assure you as long as this parking lot has been
10:51:25PM going on, I've only had those two e-mails from Nick, who's
10:51:29PM the Plaza manager, who I met with, very nice meeting.
10:51:32PM He's got an open line of communication.
10:51:34PM If all these are such big issues, if I lived in there, I
10:51:37PM would be ringing me off the hook with e-mails and
10:51:40PM everything.
10:51:40PM I'm not saying that they're not issues, but not once have we
10:51:43PM had a Tampa PD traffic incident, safety incident, anything.
10:51:47PM So I just -- not that I'm aware of and I'm the owner of the
10:51:51PM property and I'm the contact on it.
10:51:53PM I assume that that means you guys know something I don't
10:51:56PM know.
10:51:57PM Let me see here.
10:52:01PM Somebody else said that I do want to address, that we don't
10:52:03PM care the rules.
10:52:05PM It's probably the farthest thing from the truth.
10:52:07PM So, that kind of stuff, I don't know if that advances the
10:52:11PM argument at all.
10:52:12PM And it seemed like it kept coming up that these are not
10:52:15PM Harbour Island residents coming onto this property.
10:52:17PM Well, back in '84, this was a railroad and industrial area.
10:52:20PM New folks came on to it.

10:52:22PM I mean, half of Harbour Island, the upper northwest portion
10:52:25PM is Jackson's, a hotel, hundreds of thousands of square feet
10:52:28PM of office.
10:52:29PM Those aren't Harbour Island residents either.
10:52:32PM And we do want to be a good neighbor.
10:52:34PM So again, I hope that you all do approve this, but we
10:52:36PM respect the decision either way.
10:52:37PM Thank you.
10:52:38PM >>CHARLIE MIRANDA: Thank you very much.
10:52:38PM Let me just say that behalf of all of us, we're very
10:52:43PM appreciative of the way, the mannerism of which both sides
10:52:46PM have handled themselves.
10:52:47PM It's not that we're here to stay late.
10:52:51PM We stay late because we get paid by you to stay late.
10:52:54PM So it's nothing we're doing for free.
10:52:56PM I want you to know that we want a new ten year contract and
10:53:00PM a new stadium.
10:53:00PM [ Laughter ]
10:53:05PM [ Applause ]
10:53:05PM >>CHARLIE MIRANDA: Whoa!
10:53:07PM I'm a shy guy, I'm not into that.
10:53:09PM But all of you, I realize both sides and so does the
10:53:13PM Councilmembers and let me say that sooner or later, I think
10:53:17PM you all leave this room knowingly that both of you, not
10:53:20PM really adversarial, that that property will be developed

10:53:23PM sometime in the future.
10:53:24PM And that you're going to agree that you're all going to be
10:53:28PM good partners and good friends.
10:53:30PM That's what this city is all about.
10:53:32PM I remember when Harbour Island was named Staten island.
10:53:35PM I remember the doctor who moved to Harbour Island was
10:53:39PM complaining to me, hey, that smoke is coming over from the
10:53:42PM citrus nitrate being there from the railroad cars that used
10:53:46PM to drop it off.
10:53:48PM When the wind would blow east to west.
10:53:50PM And I can tell you that we made a mistake, the city did in
10:53:54PM not borrowing the money to buy it for $2.2 million.
10:54:00PM Back in 1978.
10:54:01PM But those things happen in life.
10:54:02PM Thank God that you're there and paying the taxes, you can
10:54:05PM afford our salaries.
10:54:06PM [ Laughter ]
10:54:07PM >>CHARLIE MIRANDA: On both sides, thank you for being here.
10:54:10PM Anything further to be said?
10:54:11PM I need a motion to close the hearing.
10:54:14PM >> Have a motion to close the hearing by Ms. Montelione,
10:54:16PM second by Mr. Cohen.
10:54:17PM All in favor of the motion, please indicate by saying aye.
10:54:20PM The ayes have it unanimously.
10:54:21PM What's the pleasure of the Council?

10:54:25PM Ms. Montelione?
10:54:29PM >>LISA MONTELIONE: Mr. Chair, I'm going to move to deny this
10:54:31PM petition under citing objective 1.2 city diverse distinct
10:54:36PM and well structured neighborhoods that meet the community's
10:54:38PM needs for complete sustainable and high quality living
10:54:40PM environments.
10:54:41PM I don't believe this facility meets that policy -- that
10:54:45PM objective policy 1.2.1, enhancing all neighborhoods
10:54:51PM distinctiveness, identity and livability.
10:54:53PM Policy 1.2.3, physical layout and land use mix promote
10:54:58PM walking, biking and transit, reduce vehicle trips, foster
10:55:02PM community pride.
10:55:03PM Enhance neighborhood identity.
10:55:06PM And so on to the rest of that sentence there.
10:55:10PM Section 27.136, section 1.
10:55:13PM Promote efficient and sustainable use of land and
10:55:17PM infrastructure.
10:55:21PM Number 5, maximize the preservation of natural resources.
10:55:28PM Number 6.
10:55:30PM Development where appropriate in location.
10:55:32PM Number 7, promote more desirable living and working
10:55:36PM environments that would be possible through the strict
10:55:38PM application of minimum requirements of other zoning
10:55:41PM districts.
10:55:41PM Number 8, promote architectural features and elements.

10:55:45PM And the Planning Commission policies under goals, objectives
10:55:49PM and policies, Tampa comprehensive plan, liveable city goals,
10:55:53PM neighborhood stability, objective 1.2 policy 1.2.1, enhance
10:56:00PM all neighborhoods distinctiveness, identity and livability.
10:56:03PM Policy 1.2.3, promote the design of complete and well
10:56:07PM structured neighborhoods, reduce vehicle trips and so forth,
10:56:11PM foster community pride.
10:56:13PM Urban design goals and objectives and policies, objective
10:56:16PM 13.1, unique -- respect Tampa's human scale, unique history,
10:56:22PM aesthetics, natural environment and sense of community
10:56:25PM identity.
10:56:25PM Policy 13.2.5, promote physical environments of the highest
10:56:30PM quality which emphasizes special identity of each of the
10:56:33PM city's neighborhood.
10:56:34PM Livability growth management goals, objectives and policies,
10:56:39PM objective 14.1, policy 14.1.1, encourage compact higher
10:56:44PM density development that is compatible with the surrounding
10:56:47PM character.
10:56:47PM Objective 18.6, neighborhood goals, objectives and policies,
10:56:51PM areas in a manner which enhances the City of Tampa's
10:56:55PM character and ambience.
10:56:56PM Policy 18.6.1, commercial uses and character and/or scale
10:57:00PM with the general look and scale of the community.
10:57:03PM And finally policy 18.7.3, develop regulations to discourage
10:57:08PM surface parking and freestanding garages in view corridors,

10:57:11PM encourage architectural integration of parking with its
10:57:16PM primary structure -- in this case there is none -- and
10:57:19PM adjacent structures, including compatibility in design and
10:57:22PM appearance.
10:57:23PM >>CHARLIE MIRANDA: Mr. Shelby?
10:57:25PM >>MARTIN SHELBY: Thank you.
10:57:26PM As part of your motion, is it a finding of City Council that
10:57:30PM the competent substantial evidence including what you've
10:57:33PM heard from the testimony as well as the staff report from
10:57:35PM city staff and Planning Commission finds that the evidence
10:57:39PM is inconsistent with those provisions you've cited?
10:57:43PM >>LISA MONTELIONE: Yes, sir.
10:57:44PM >>MARTIN SHELBY: Thank you.
10:57:45PM >>CHARLIE MIRANDA: Have a motion for denial by
10:57:46PM Ms. Montelione.
10:57:47PM Have a second by Mr. Cohen for denial.
10:57:52PM We'll take a vote.
10:57:54PM All in favor of the motion for denial, as the motion stated,
10:57:57PM please signify by saying aye.
10:58:00PM Opposed nay.
10:58:01PM Motion to deny is unanimous.
10:58:03PM Thank you all very much for attending.
10:58:05PM No clapping.
10:58:06PM This is not Johnny Carson show.
10:58:08PM Thank you very much for attending.

10:58:10PM Okay, information reports, Ms. Montelione?
10:58:16PM We go left to right.
10:58:18PM >>LISA MONTELIONE: Wait for a moment till the room clears.
10:58:20PM No.
10:58:33PM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:58:34PM I would like to make a motion that Tony Garcia of the
10:58:40PM Planning Commission be requested to appear before Council on
10:58:42PM April 4th, 2013 at 9:00 a.m. to present the terrace park
10:58:48PM university square vision plan.
10:58:50PM >> Second.
10:58:50PM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
10:58:52PM Mr. Suarez.
10:58:53PM All in favor of the motion, please indicate by saying aye.
10:58:54PM Opposed nay.
10:58:55PM The ayes have it unanimously.
10:58:56PM >>LISA MONTELIONE: Thank you.
10:58:57PM And secondly, I would like to motion that feeding America
10:59:02PM Tampa Bay -- sorry, Thomas Manns executive director be
10:59:11PM present to serve informational report on a workshop day, the
10:59:14PM date to be determined by their schedule.
10:59:17PM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, second
10:59:19PM reply Mr. Suarez.
10:59:20PM All in favor of the motion, please indicate by saying aye.
10:59:21PM Opposed nay.
10:59:22PM The ayes have it unanimously.

10:59:23PM Mr. Cohen?
10:59:27PM >>HARRY COHEN: Thank you, Mr. Chair.
10:59:28PM Bear with me.
10:59:29PM I have four motions to make for commendations.
10:59:33PM Number one -- excuse me, they're not all commendations.
10:59:36PM Number one, I'd like to make a motion to present a
10:59:40PM commendation to Mothers Against Drunk Driving on
10:59:42PM April 18th at 9:00 a.m.
10:59:45PM >> Second.
10:59:46PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
10:59:47PM Mr. Suarez.
10:59:48PM All in favor of the motion, please indicate by saying aye.
10:59:50PM Opposed nay.
10:59:51PM The ayes have it unanimously.
10:59:52PM >>HARRY COHEN: Second I'd like to make a motion to invite
10:59:55PM our chief financial officer Sonya Little to present the
10:59:58PM comprehensive annual financial report the CAFR at the
11:00:01PM beginning of the Council's March 28th workshop, morning
11:00:05PM workshop session at 9:00 a.m.
11:00:08PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
11:00:10PM Ms. Montelione.
11:00:11PM All in favor of the motion, please indicate by saying aye.
11:00:13PM The ayes have it unanimously.
11:00:14PM >>HARRY COHEN: Island like to also make a motion to present
11:00:16PM commendation to Lois reins of the department of revenue and

11:00:20PM finance, who is retiring after 37 years of service to the
11:00:24PM city.
11:00:25PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
11:00:26PM Ms. Montelione.
11:00:27PM All in favor of the motion, please indicate by saying aye.
11:00:29PM Opposed nay.
11:00:30PM The ayes have it unanimously.
11:00:31PM >>HARRY COHEN: And finally I'd like to make a motion that we
11:00:34PM prepare a commendation for the Jewish national funds tree of
11:00:38PM life dinner program.
11:00:41PM No one will come to Council to sever it.
11:00:44PM We'll send the commendation to them.
11:00:45PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second pi
11:00:47PM Mrs. Montelione.
11:00:48PM All in favor of the motion, please indicate by saying aye.
11:00:50PM The ayes have it unanimously.
11:00:52PM >>HARRY COHEN: Thank you, Mr. Chair.
11:00:53PM >>CHARLIE MIRANDA: Mr. Reddick?
11:00:55PM Ms. Capin?
11:00:57PM >>YVONNE CAPIN: Yes.
11:00:57PM I'd like to ask the Council's indulgence.
11:01:04PM We have planned for March 28th in the evening session, which
11:01:07PM is a as-needed basis, to do the workshop on alcoholic
11:01:13PM beverage permitting.
11:01:14PM I will not be able to be here that time.

11:01:18PM I looked at the calendar.
11:01:19PM The next workshop was the 25th and unfortunately that was --
11:01:25PM I'd like to ask you if we could move that to May 23rd
11:01:29PM workshop?
11:01:35PM >>HARRY COHEN: You want to do it in the evening or the
11:01:37PM morning?
11:01:37PM >>YVONNE CAPIN: Right now, there are two workshops.
11:01:39PM If we could -- whatever works out.
11:01:42PM If it starts to get full, we can always move it, I think, up
11:01:45PM to the evening.
11:01:47PM >> Make it for 9:00 a.m.
11:01:50PM >>YVONNE CAPIN: For a.m. on May 23rd.
11:01:52PM Also at the same time, I'd like to ask that we have the semi
11:01:58PM annual report from the economic impact of cultural assets
11:02:03PM CAC on May 23rd also.
11:02:07PM >>CHARLIE MIRANDA: Two motions in one.
11:02:09PM One's at 9:00.
11:02:11PM The other one will be 9:30.
11:02:13PM I have a motion by Ms. Capin, seconded by --
11:02:18PM >>HARRY COHEN: Just to clarify for the record for the clerk
11:02:21PM that would mean our March 28th evening session would no
11:02:24PM longer be taking place.
11:02:25PM We would just be having our day session that day, correct?
11:02:30PM >>YVONNE CAPIN: That's right.
11:02:32PM >>CHARLIE MIRANDA: I have a motion by Ms. Capin, second by

11:02:35PM Mr. Cohen.
11:02:36PM All in favor of that motion, please indicate by saying aye.
11:02:38PM Opposed nay.
11:02:40PM The ayes have it unanimously.
11:02:42PM >>YVONNE CAPIN: Thank you.
11:02:43PM >>CHARLIE MIRANDA: Mr. Suarez?
11:02:44PM >>MIKE SUAREZ: Thank you, chair.
11:02:45PM Nothing other than to say happy St. Patrick's day.
11:02:49PM I think most of us, if not all of us will be in the parade
11:02:52PM at Ybor City starting at 7:00.
11:02:56PM >>CHARLIE MIRANDA: Thank you very much.
11:02:57PM Need a motion to receive and file all the documents.
11:03:00PM Have a motion by Mr. Cohen, second by Mr. Suarez.
11:03:02PM All in favor of the motion, please indicate by saying aye.
11:03:04PM Opposed nay.
11:03:05PM The ayes have it unanimously.
11:03:05PM Anyone, 500 people in the audience care to come up and
11:03:09PM speak?
11:03:10PM [ Laughter ]
11:03:11PM >>CHARLIE MIRANDA: Thank you very much.
11:03:12PM This Council stands adjourned.
11:03:13PM

TAMPA CITY COUNCIL
March 14, 2013
5:30 p.m.


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